Massachusetts RCRA Hazardous Waste Reporting

In Massachusetts, hazardous waste reporting under the Resource Conservation and Recovery Act (RCRA) is managed by the Massachusetts Department of Environmental Protection (MDEP). This federal program, enforced at the state level, ensures the proper tracking, management, and disposal of hazardous waste from its generation to its final treatment or disposal. Facilities in Massachusetts that generate hazardous waste are required to comply with both federal and state-specific RCRA regulations, including reporting requirements. The goal of MDEP’s hazardous waste management is to provide transparency and accountability while protecting Massachusett’s public and environmental health. Compliance with RCRA at the federal and state levels in Massachusetts contributes to the safe management of hazardous wastes, reducing risks to communities and ecosystems.

Understanding Massachusetts Hazardous Waste / RCRA Reporting Requirements

Who Needs to Report?

In Massachusetts, all Large Quantity Generators (LQGs) and Treatment, Storage, and Disposal Facilities (TSDFs) are required to report biennially. In Massachusetts,  generator categories are the same as federal definitions. A 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

Massachusetts has several state-specific wastes subject to RCRA regulations. Some of these wastes contribute to generator status, despite the fact they are not federally regulated, whereas others have manifesting requirements but do not contribute to generator status. The below waste codes contribute to generator status and are considered hazardous within the state of Massachusetts:

• MA02: PCB Wastes greater than 50 ppm Note: this designation does not remove the waste from potential requirements under the Toxic Substances Control Act (TSCA)
• 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 by Massachusetts (310 CMR 30.160) or the paint is formulated with any ingredient which containers 1% or more by weight of state defined hazardous constituents (310 CMR 30.160)

The below waste codes track generator status separately from other hazardous waste; i.e. if a site generate 220 lbs of spent solvent and over 2,200 lbs of waste oil, it would be an SQG for its solvents (following the requirements thereof for the solvents) and a LQG for its waste oil (following the requirements thereof for the waste oil):

• 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 ℉ Note: this waste code can also be applied to remediation action wastes contaminated with waste oil that doesn’t meet exemptions 
• MA98: Off-specification used oil fuel that is shipped using a hazardous waste manifest

The following waste codes carry requirements for recordkeeping and manifesting but do not contribute to generator status:

• MA00: hazardous waste designated by the code of Massachusetts regulations 310 CMR 30.144 (meaning that MDEP has specifically designated the waste as hazardous, note: this does not contribute to generator status at the MA00 listed stage, it may later based upon further rule-making or discussion with the office that designated the waste as hazardous)
  • 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.
• 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
• MA99: Not hazardous waste. Used for material that is not hazardous and is shipped using a hazardous waste manifest

 

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:

• Register with the EPA using RCRA Subtitle C Site Identification form (EPA Form 8700-12 through MyRCRAid) to obtain an EPA number
• 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 either outdoors on an impervious surface with secondary containment or indoors away from drains and other discharge points to the outside
• Secure storage areas and post “hazardous waste” signage
  
• Store hazardous waste in appropriate containers
  
  • Use the words “hazardous waste,” name of waste and its hazard type (i.e. corrosive, ignitable, toxic, etc.) on all storage containers
    
• 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
  

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 Massachusetts, including: 

• Register with the EPA using RCRA Subtitle C Site Identification form (EPA Form 8700-12 through MyRCRAid) to obtain an EPA number
  • Renotify the EPA every 4 years by submitting EPA form 8700-12 by September 1. First submissions were due September 2021, and now every 4 years after (i.e. 2025, 2029 and so forth)
• Waste determination: keep detailed records of how waste determinations are made
• Ensure storage does not exceed 13,200 lbs or occur for longer than 180 days (Note: Massachusetts does not recognize the federal 270 days option if the only TSDF is 200 miles or more miles away)
• Store hazardous waste either outdoors on an impervious surface with secondary containment (requiring 110% volume capacity) or indoors away from drains and other discharge points to the outside
• Secure storage areas and post “hazardous waste” signage
• Store hazardous waste in appropriate containers
  • Conduct weekly inspections of tanks and storage containers
  • Use the words “hazardous waste” on all storage containers, name of the waste and a visual reference of the waste’s hazard(s)
  • Label containers with accumulation start dates
• Post emergency contact information and procedures for spill responses
  • Attempt to make arrangements with local emergency response agencies detailing information about hazardous wastes on-site
• Provide basic training for employees handling hazardous waste
• Name an emergency coordinator who is available 24 hours a day to respond to emergencies
• Only use permitted TSDFs
• Use Uniform Hazardous Waste Manifests (UHWM) for waste shipments via the e-Manifest system
  • Provide Land Disposal Restrictions (LDR) for each waste shipment that will be disposed of in a land-based unit
• Maintain all records for a minimum of 3 years
• Pay a $645 annual compliance fee
• Starting January 22, 2025: register in RCRAInfo and maintain an account to access the federal e-Manifest system

Large Quantity Generator (LQG) Requirements

LQGs generate more than 2,200 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: 

• Register with the EPA using RCRA Subtitle C Site Identification form (EPA Form 8700-12 through MyRCRAid) to obtain an EPA ID number
  
• 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 either outdoors on an impervious surface with secondary containment (requiring 110% volume capacity) or indoors away from drains and other discharge points to the outside
  
• Store hazardous waste in appropriate containers
  
  • Must conduct weekly inspections of tanks and storage areas
    
  • Use the words “hazardous waste” on all storage containers, name of waste and a visual reference of the waste’s hazard(s)
    
  • Label containers with accumulation start dates
    
• Use the UHWM for all waste shipments via the EPA eManifest System
  
  • Submit a LDR Notification with each waste shipment that will be disposed of in a land-based unit
    
• Develop a waste minimization plan
  
• Develop and maintain a contingency plan addressing emergency response procedure
  
  • Provide copies to local emergency responders and document arrangements with those emergency responders
    
  • Develop a Quick Reference Guide (QRG)
    
• Provide formal training to all employees on hazardous waste handling and emergency response within 6 months of hire
  
  • Conduct annual refresher training
    
• Submit federal biennial hazardous waste reports in even-numbered years Note: If the site is a Waste Oil LQG only, it is exempt from biennial reporting; e.g. SQG or VSQG for Hazardous Waste but LQG for Waste Oil
  
• Maintain all records for a minimum of 3 years
  
• Pay a $3,880 annual compliance fee
  

Examples of Facilities Subject to Waste Reporting

Below is a list of facilities in Massachusetts 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 containing 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, or UHWM)

Waste manifests must include:

• Generator information including name, address, and EPA ID
  • Generators still operating with the “MV” identification number needs to stop utilizing and obtain a new EPA ID number. 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:

• Massachusetts requires 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 SQGs 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. By December 1, 2025, unmanifested waste reports must be submitted into e-Manifest within 20 days of accepting the waste.
• 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. By December 1, 2025, discrepancy reports must be submitted to e-Manifest within 20 days of the incident.

Common Manifest Errors

• Missing information: including EPA ID numbers, container counts, and waste codes
• Inaccurate information: Transposed numbers, incorrect dates, incorrect units of measure for waste quantities
• Incorrect waste codes
• Failure to include LDRs when needed
• Failure to maintain copies: final manifests must be maintained as paper or electronic copies in the e-Manifest system. Facilities may be required to provide copies of manifests during inspections or demonstrate the ability to access the federal e-Manifest system
  • Starting January 22, 2025, all SQGs and LQGs will be required to register with the federal e-Manifest system

Massachusetts Electronic Waste Reporting System (RCRAInfo)

Overview of RCRAInfo

Massachusetts utilizes the federal RCRAInfo system for biennial RCRA reports. Massachusetts 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 (OI) Form: this form must be submitted for all off-site receiving facilities that:
    • Shipped away waste that was on a UHWM
    • 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
• Note: Massachusetts has dual generator status’ for hazardous waste and waste oil; if a site is LQG only for waste oil, it is not subject to biennial reporting

Deadlines, Timelines RCRA Reporting Frequency

Annual Reporting Deadline

Biennial reports are due by March 1st of every even number year regarding information from the previous year.

Maintain Continuous Records

• Implement a centralized digital storage system to securely manage and organize essential documents and records, ensuring easy access during compliance audits, inspections, and reporting
  
• Conduct routine self-audits, such as quarterly or semi-annually, to maintain accurate and complete records that align with current RCRA and state-specific regulations about waste generation, storage, and shipment
  
• Establish and maintain a clear schedule to track and meet all submission deadlines to ensure timely compliance
  

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 Massachusetts.

Common Mistakes in RCRA Reporting and How to Avoid Them

Incorrectly Estimating Quantity of Reportable Wastes

Incorrectly reporting waste quantities or generator status can occur due to underreporting in an attempt to avoid LQG classification or overreporting caused by data management errors

Tips:

• Develop standardized reporting checklists to ensure the accuracy of submitted information
  
• Use electronic tracking systems or digital software to automate calculations for waste generation and shipments
  
• Keep accurate and updated logs of waste generation and disposal throughout the year to maintain reliable records
  

Failure to Report All Hazardous Wastes

Failing to include certain waste types in reporting can occur unintentionally due to factors such as misunderstanding EPA regulations, misidentifying waste streams, or not assigning the correct waste codes.

Tips:

• Designate a compliance lead at each facility to oversee waste determinations and classifications
  
• Perform regular waste assessments to ensure accurate classification of all waste types
  
• Update waste determinations periodically to reflect current operations and regulatory changes
  
• Cross-check waste information with disposal facilities to confirm proper classification and handling
  

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 MDEP.

Tips:

• Assign a dedicated staff member or team to track updates to hazardous waste regulations.
  
• Utilize software solutions that monitor regulatory changes and provide notifications about updates
  
• Participate in federal Environmental, Health, and Safety (EHS) associations to stay connected and informed about industry developments and compliance requirements
  

Lack of Compliance with Massachusetts-Specific Waste Regulations

Massachusetts closely mirrors federal RCRA regulations for biennial reporting. Subscribe to updates from MDEP to stay up to date with future changes in regulations and state-specific differences. MDEP routinely posts updates and announcements regarding regulations here.

Late and Missed Submissions

MDEP does not allow for extensions for late biennial report submissions. Ineffective timeline management can lead to missed report submissions. Lacking a centralized compliance center, unclear designation of responsibilities, and insufficient training can contribute to missing deadlines. Failing to submit biennial reports may result in fines.

Tips:

• Create a shared compliance calendar and set reminders well in advance
• Start compiling hazardous waste data and facility information early (by January at the latest) to avoid last-minute errors
• Use a centralized digital filing system so data can be easily and readily accessed

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 the federal EPA. 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 biennial reports
  
• Operating as a TSDF without a permit
  
• 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.