Massachusetts RCRA Hazardous Waste Reporting

Hazardous waste management in Massachusetts is overseen by the Massachusetts Department of Environmental Protection (MDEP), which enforces both federal  Resource Conservation and Recovery Act (RCRA)  standards and state-specific regulations. Facilities that generate or dispose of significant quantities of hazardous waste or used oil are required to file a biennial hazardous waste report by March 1st of each odd-numbered year, documenting their waste activities over the previous two years. The state’s program emphasizes a comprehensive “cradle-to-grave” approach to hazardous waste management, ensuring the protection of human health and the environment

Understanding Massachusetts Hazardous Waste/ RCRA Reporting Requirements

Who Needs to Report?

In MA, all large quantity generators and treatment, storage, and disposal facilities (TSDFs) are required to report biennially. In MA,  generator categories are the same as federal definitions. A large quantity generator (LQG) is a facility that:

• Generates 2,200 lbs or more of hazardous waste or waste oil in a single month, or
• Generated more than 2.2 lbs of acute hazardous waste in a single month, or 
• Generated more than 220 lbs of acute hazardous waste spill residue or soil

As of January 2025, MA has not adopted the generator improvements rule allowing for episodic generation. Any facility experiencing a temporary increase in generation must comply with the requirements of that category, including reporting requirements. 

State-Listed Hazardous Waste in Massachusetts

MA has several state-specific wastes subject to RCRA regulations, including manifest requirements. Many of these wastes are non-hazardous. Some of these include:

• MA00: hazardous waste designated by the code of Massachusetts regulations 310 CMR 30.144
  • Special manifest requirements: Manifests must include a description of the most hazardous constituent of the waste, a reference to that date when the department designated the waste as hazardous, and a reference to the office of the department that designated the waste as hazardous 
• MA01: Waste oil that is not otherwise hazardous except that it has a flash point greater than or equal to 100℉ and less than 140 ℉
• MA02: PCB Wastes greater than 50 ppm
• MA04: Waste generated in the manufacture of paint which is not otherwise regulated as hazardous waste if the paint is formulated with one or more ingredients listed as hazardous or the paint is formulated with any ingredient which containers 1% or more by weight of state defined hazardous constituents 
• MA95: Universal waste shipped on a hazardous waste manifest by a licensed hazardous waste transporter 
• MA97: Class A regulated recyclable material (including specification used oil fuel) that is shipped using a hazardous waste manifest
• MA98: Off-specification used oil fuel that is shipped using a hazardous waste manifest
• MA99: Not hazardous waste. Used for material that is not hazardous and is shipped using a hazardous waste manifest
• A full list of MA hazardous waste codes can be found in the MA CMR here 

Key Points: MA has several wastes subject to federal manifest exemptions that have not been adopted by the state

Massachusetts Generator Statuses and Requirements

Very Small Quantity Generators (VSQG) Requirements

VSQGs generate less than 220 lbs of hazardous waste or waste oil per month and no acutely hazardous waste. VSQGs are exempt from reporting requirements. VSQGs still have to take steps to ensure compliance with MA regulations, including:

• Conduct waste determinations for all waste generated
• Not accumulate more than 2,200 lbs of hazardous waste or waste oil on-site at any time
• Store hazardous waste on an outdoor impervious surface with secondary containment or indoors away from drains 
• Secure storage areas and label waste containers with “hazardous waste”
• Retain records of generation and disposal methods 
• Obtain receipts when waste is self-transported
  • May self-transport up to 55 gallons of waste at one time 
• Use manifests for waste shipments to licensed or approved treatment, storage, disposal, or recycling facilities 
  • Shipping waste will require VSQGs to obtain an EPA ID via EPA From 8700-12

Small Quantity Generator (SQG) Requirements

SQGs generate between 220 and 2,200 lbs of hazardous waste and less than 2.2 lbs of acutely hazardous waste per month. SQGs are exempt from reporting requirements but still have to follow regulations to ensure compliance in MA, including: 

• Obtain an EPA ID through myRCRAid
• Conduct waste determinations for all waste generated 
• Not accumulate more than 13,200 lbs of waste or store waste for more than 190 days 
• Store hazardous waste in appropriate containers
  • Must complete weekly inspections of storage areas 
• Post emergency contact information and procedures for spill responses
• Attempt and document arrangements with local emergency responders for spill response
• Name an emergency coordinator who is available 24 hours a day to respond to emergencies
• Provide basic training to all employees on hazardous waste handling and emergency response 
• Ship all wastes using the Uniform Hazardous Waste Manifest
• Retain records of manifests, waste determinations, and lab tests for at least 3 years
• Pay the annual compliance fee 

Large Quantity Generator (LQG) Requirements

LQGs generate more than 2,2000 lbs of hazardous waste and/or more than 2.2 lbs of acutely hazardous waste per month. LQGs are required to report biennial hazardous waste reports. LQGs must also: 

• Obtain an EPA ID through myRCRAid
• Waste determination: keep detailed records of how waste determinations are made
• Not store waste on-site for more than 90 days without a permit 
• Store hazardous waste in appropriate containers 
  • Must conduct weekly inspections of storage areas
• Use the Uniform Hazardous Waste Manifest for all waste shipments
  • Use the EPA e-Manifest System
• Develop and maintain a formal contingency plan addressing emergency response procedure
  • Provide copies to local emergency responders 
• Provide formal training to all employees on hazardous waste handling and emergency response within 6 months of hire 
  • Maintain training records for 3 years
• Pay the annual compliance fee 
• Submit federal biennial reports every 2 years through RCRAInfo

Examples of Facilities Subject to Waste Reporting

Below is a list of facilities in MA and the waste they generate that would likely require a biennial hazardous waste report: 

• Biotechnology and Pharmaceutical Facilities: expired or off-spec pharmaceuticals, acutely hazardous substances like warfarin, ignitable solvents used in labs, reactive chemicals used in experiments 
• Higher education institutions: Ignitable lab solvents, corrosive acids, spent non-halogenated and halogenated solvents, mercury-containing thermometers or devices
• Coastal and Marine Operations: ignitable waste from fuel handling and paint-related activities, lead-based paint from ship maintenance, spent cleaning solvents, benzene-contaminate waste from petroleum handling, chromium-containing waste from antifouling paint removal
• Textile manufacturing: Ignitable dyes and solvents, spent solvents, chromium from leather tanning 
• Automotive repair: Paint thinners and solvents, lead-acid batteries, used solvents, waste contain brake fluid

Hazardous Waste Manifest Requirements for Massachusetts Facilities

All shipments of hazardous waste must use hazardous waste manifests for waste shipments. All shipments must use the federal Uniform Hazardous Waste Manifest (EPA Form 8700-22)

Waste manifests must include:

• Generator information including name, address, and EPA ID
  • Generators may still use existing MA ID numbers on paper manifests. However, generators are unable to register for e-Manifest or track shipments without an EPA ID. Generators must register with myRCRAid to obtain a new EPA ID
• Transporter details including ID numbers and U.S. DOT descriptions
• TSDF information including name, address, and EPA ID
• Waste descriptions
  • Name, hazard class, EPA waste codes, quantities 
• Signatures from generators, transporters, and final receiving facilities
• Emergency response numbers and emergency spill cleanup procedures 

For Generators:

• MA encourages the use of the federal e-Manifest system for the submission and tracking of manifests

• If paper manifests are used, TSDFs upload the final copy to the e-Manifest system. Generators must be registered with the e-Manifest system and able to access electronic manifests during inspections. Starting January 22, 2025, federal regulations will require all SGQs and LQGs to register for the e-Manifest system
• Paper copies must be stored for at least 3 years

• Exception reporting updates starting January 22, 2025:
  • If a signed copy of the final manifest has not been submitted to e-Manifest within 45 days of acceptance, LQGs must inquire with the TSDF on the status of the waste
  • If a signed copy has not been submitted within 60 days, LQGs and SQGs must submit an exception report with MDEP
    • Starting December 1, 2025, exception reports must be submitted electronically through e-Manifest 

For Treatment, Storage, and Disposal Facilities:  

• The UHWM must accompany waste throughout its shipment and treatment process
• Must upload a copy of the signed final manifest to e-Manifest within 35 days. 
  • Generators can access final manifests through RCRAInfo.
• Must maintain copies of manifests for a minimum of 3 years.
• Unmanifested Waste Reports: If a TSDF accepts hazardous waste without a manifest, a report must be submitted to MDEP within 15 days of accepting the waste. This report includes information about the facility, the waste type and quantity, method of treatment, storage, and disposal, and an explanation for why the waste was unmanifested
• Discrepancy Reports: If a TSDF operator determines a discrepancy in quantities or types of waste, they must first attempt to resolve it with the generator within 15 days of the incident. If it is not resolved within 15 days, TSDFs must submit a report with MDEP detailing the discrepancy, copies of waste manifests, and attempts to resolve the issue

Common Manifest Errors

• Incomplete or incorrect generator information
• Improper waste descriptions
• Missing signatures
• Failing to retain copies 
• Missing land disposal restriction notifications
• Tips to avoid errors in manifests:
  • Provide regular training for staff responsible for completing manifests
  • Double-check information such as waste codes, DOT names, hazard classes, and ID numbers 
  • Use the EPA e-Manifest system to reduce paperwork and fix errors quickly

Massachusetts Electronic Waste Reporting System (RCRAInfo)

Overview of RCRAInfo

Massachusetts utilizes the federal RCRAInfo system for biennial RCRA reports. MA requires electronic reporting to ensure a unified, standardized platform that is accessible to all authorized agencies across the state. 

How to Submit a Hazardous Waste Report in RCRAInfo

Here are the key steps for using RCRAInfo Online Reporting system:

• Go to RCRAInfo and either create a new account or sign in with your existing credentials. 
• Access the biennial reporting module 
• Compile hazardous waste data including waste type, quantities generated, handling methods, shipments, and details about disposal facilities 
• Complete the necessary forms
  • Site ID Form: provides contact information and a summary of waste activities for the previous year. This form is required for all facilities, regardless of generator status.
  •  Off-site identification form (OI) form: this form must be submitted for all off-site receiving facilities that:
    • Shipped away waste that was on a UHM
    • Generated special waste, regardless of generator status
    • Received waste from off-site
  • Generation and management (GM form) for each waste stream: describes waste streams generated and how the waste is managed. 
    • Provide federal waste codes, source codes, management methods, waste minimization codes, and waste quantities for each
  • Waste Received (WR Form): If the facility received RCRA hazardous waste from off-site sources 
• Review and submit your waste reports

Deadlines, Timelines RCRA Reporting Frequency

Annual Reporting Deadline

The biennial report is due every 2 years in MA through RCRAInfo by March 1st

Maintain Continuous Records

• Implement a centralized storage system to ensure quick access to required documents and records. Documents and records may be requested during compliance audits and inspections and are helpful during the reporting system. Consider electronic storage or digital software for easier access and greater security.
• Conduct regular self-audits to ensure that records are accurate, complete, and compliant with current RCRA and Massachusetts regulations. Consider scheduling quarterly or biannual audits of generation, storage, and shipment records and keep track of deadlines for submissions

Keep Copies of All Submitted Reports

Make copies of all paper forms and securely store them for a minimum of 3 years to stay in compliance in MA. Forms, waste determinations, training, records, and more may be requested during compliance inspections.

Common Mistakes in RCRA Reporting and How to Avoid Them

Incorrectly Estimating Quantity of Reportable Wastes

Reporting incorrect waste quantities or generator status can be due to events of underreporting to avoid reaching large quantity generator status and overreporting due to data management errors

Tips:

• Use standardized tracking systems 
  • Consider electronic tracking or digital software to automatically calculate quantities based on generation and shipments 
• Conduct regular waste assessments and audits
• Use accurate container labels

Failure to Report All Hazardous Wastes

Failing to report all hazardous wastes can occur for a number of reasons, including misidentification or underclassification of waste streams. This can happen when a facility overlooks smaller waste streams, fails to recognize mixtures of hazardous waste with non-hazardous waste, or relies on outdated waste determination rules. Failing to report all waste can lead to underreporting, misrepresentation generator categories, and issues of non-compliance. 

Tips:

• Conduct regular waste stream inventories 
• Regularly update waste determinations
• Use a digital waste management tracking system to reduce errors and improve recordkeeping
• Regularly review MA CMR to ensure that state-specific wastes are reported correctly 
• Consult with environmental experts 

Failing to Keep Up-To-Date with Changes in Regulations

Failing to keep up with changes in regulations can be due to a number of factors. Facilities may lack designated staff members dedicated to tracking regulatory updates, incorrectly assume that long-standing waste management practices remain compliant, or fail to monitor changes from both the EPA and state agencies, such as MDEP

Tips:

• Assign a designated staff member or team to monitor current waste regulations
• Subscribe to updates from federal agencies and local EHS groups 
• Conduct annual compliance audits

Lack of Compliance with Ohio-Specific Waste Regulations

Massachusetts closely mirrors federal RCRA regulations for biennial reporting. Subscribe to updates from MA DEP to stay up to date with future changes in regulations and state-specific differences. Massachusett’s Department of Environmental Protection routinely posts updates and announcements regarding regulations here

Late and Missed Submissions

Biennial reports are due every two years by March 1. Massachusetts does not allow for late report submissions

Penalties for Non-Compliance with RCRA Reporting in Massachusetts

Potential Fines and Legal Consequences

In Massachusetts, non-compliance with RCRA reporting requirements can lead to penalties, including fines and civil or criminal enforcement actions. These penalties and fines are enforced by MDEP and the federal EPA. MA also issues administrative orders and criminal charges to facilities and operators who violate RCRA. Fines can be based on the severity and frequency of violations, knowledge of the violation, and other factors. As of January 8th, 2025, the maximum penalty for a RCRA violation is $93,058 per violation per day. The EPA is likely to increase this maximum penalty each year 

Common penalties include:

• Failing to submit annual or biennial reports
• Generating or accumulating waste without an EPA ID: $1,000 per day in MA
• Operating as a TSDF without a permit: $25,000 per day in MA
• Exceeding storage limits 
• Failing to keep manifests up to date in e-Manifest system

Disclaimer: Every effort has been made to ensure the accuracy of the information herein. If you have further questions, we encourage you to reach out to a compliance expert or the regulating body for the jurisdiction in which you operate.