Michigan RCRA Hazardous Waste Reporting

Michigan hazardous waste reporting is regulated by the Department of Environment, Great Lakes, and Energy (EGLE). The state program is designed to ensure comprehensive “cradle-to-grave” management of hazardous wastes, protecting both the environment and public health. At the federal level, hazardous waste is governed by the Resource Conservation and Recovery Act (RCRA), and compliance with both state and federal RCRA regulations is mandatory for facilities that generate and manage hazardous waste above specific thresholds. Michigan has adopted all of the hazardous waste regulations established under RCRA, including the biennial reporting requirements

Understanding Michigan Hazardous Waste/ RCRA Reporting Requirements

Who Needs to Report?

In MI, all generators that are considered large quantity generators in odd-numbered years and treatment, storage, and disposal facilities (TSDFs) are required to report biennially. In MI, 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 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

Facilities engaged in the following activities must also report biennially:

• Treated, stored, or disposed of RCRA hazardous waste on-site in a waste management unit subject to RCRA permitting requirements

State-Listed Hazardous Waste in Michigan

Michigan has several state-specific wastes that are subject to RCRA manifest and reporting requirements. These wastes include, but are not limited to:

• 001S: Aflatoxin 
• 002S: 2,3,7,8-Tetrachlorodibenzo-p-dioxin
• 003S: 1,2,3,7,8-Pentachlorodibenzo-p-dioxin
• 004S: 1,2,3,4,7,8-Hexachlorodibenzo-p-dioxin
• 005S: 1,2,3,6,7,8-Hexachlorodibenzo-p-dioxin

A full list of Michigan hazardous waste codes can be found here 

Michigan Generator Statuses and Requirements

Very Small Quantity Generators (VSQG) Requirements

VSQGs generate less than 220 lbs of hazardous waste and less than 2.2 lbs of acutely hazardous waste per month. VSQGs are exempt from state and federal reporting requirements. VSQGs must still take steps to ensure compliance, including:

• Waste determination
• Ensure storage does not exceed 2,200 lbs of hazardous waste on-site at any time
• Store hazardous waste in appropriate containers
• Manage waste to minimize risk to human health 
• Keep documents relating to waste determination and shipments 

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 state and federal reporting requirements. SQGs must still take steps to ensure compliance, including:

• Register with EGLE using Form EQ 5150 (MI equivalent of the federal site ID form)
  • Renotify the state every 4 years by submitting form EQ 5150 by September 1. First submissions were due September 2021, and now every 4 years after
• Waste determination: keep detailed records of how waste determinations are made and keep records for at least 3 years
• Ensure storage does not exceed 13,200 lbs or occur for longer than180 days 
• Store hazardous waste in appropriate containers 
  • Conduct weekly inspections of tanks 
• Post emergency contact information and procedures for spill responses
• Have a waste minimization certification 
• 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 Waste Manifests for waste shipments
  • Keep copies of manifests for a minimum of 3 years 
  • Provide land disposal restrictions (LDR) for each waste shipment
• Maintain records for a minimum of 3 years
• Starting January 22, 2025: register in RCRAInfo and maintain an account to access the federal e-Manifest system

Large Quantity Generator (LQG) Requirements

Large Quantity Generators (LQGs) generate more than 2,2000 lbs per month of hazardous waste or more than 2.2 lbs per month of acutely hazardous waste. LQGs must submit federal biennial reports to the EPA every 2 years. In Michigan, LQGs can be broken into two categories: Large Quantity Generators and Very Large Quantity Generators. Both categories have the same requirements, with differences in annual fees. LQGs in MI are also referred to as fully regulated generators. In addition to reporting requirements, LQGs must:

• Register with EGLE using Form EQ 5150 (MI equivalent of the federal site ID form)
  • A signed copy with a wet ink signature is required. Print this form, sign, and email to BiennialReport@Michigan.gov 
• Waste determination: Keep detailed records of how waste determinations are made. Keep records for at least 3 years
• 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 words “hazardous waste” on all storage containers 
  • Label containers with accumulation start dates 
• Use the Uniform Hazardous Waste Manifest for all waste shipments
  • Use the EPA e-Manifest System
• Provide a waste minimization certificate 
• Submit a Land Disposal Restriction (LDR) Notification with each waste shipment that will be disposed of in a land-based unit
• Develop and maintain a 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 
  • Conduct annual refresher training 
  • Maintain training records for 3 years
• Submit federal biennial hazardous waste reports in even-numbered years

Examples of Facilities Subject to Waste Reporting

This is a list of common facilities in Michigan and the waste generated that would likely require the submission of a biennial waste report:

• Automotive manufacturing and assembly plants: Spent solvents used in painting and degreasing, ignitable waste from paints, chromium waste from surface treatments, lead-contaminated waste from old battery components
• Metal fabrication and machining: Wastewater treatment sludges from electroplating, chromium waste from plating, lead-contaminated machining fluids, corrosive waste from etching, ignitable waste from degreasers
• Oil Refineries and petroleum facilities: Benzene-contaminated waste, dissolved are flotation float from wastewater treatment, slop oil emulsion solids, ignitable wastes from solvents and duels, heat exchanger bundle cleaning sludge
• Plastic and rubber manufacturing: spent solvents used in cleaning, corrosive agents, waste methylene chloride, ignitable adhesives, and resins 
• Hospitals and healthcare facilities: acutely hazardous pharmaceuticals, discarded pharmaceuticals, mercury-containing devices, ignitable disinfectants and solvents

Hazardous Waste Manifest Requirements for Michigan 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
• 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:

• MI 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 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 MI
    • 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 EGLE within 15 days of accepting the waste. This report includes information about the facility, the waste type and quantity, the method of treatment, storage, and disposal, and an explanation of 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 EGLE detailing the discrepancy, copies of waste manifests, and attempts to resolve the issue.  By December 1, 2025, discrepancy reports must be submitted to eManifest 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 Land disposal restrictions when needed
• Failure to maintain copies: final manifests must be maintained as paper or electronic copies in 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

Michigan Electronic Waste Reporting System (RCRAInfo)

Overview of RCRAInfo

In Michigan, the RCRAInfo system serves as the primary platform for submitting biennial hazardous waste reports, ensuring alignment with federal Resource Conservation and Recovery Act (RCRA) requirements. This electronic system streamlines reporting by enabling facilities to accurately track hazardous waste generation, storage, and management. RCRAInfo’s standardized format simplifies compliance and reduces errors, while electronic submissions improve efficiency and provide real-time access to critical data for regulatory oversight and emergency planning.

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 (Federal Form 8700-12, 8700- 13 a/b)
  • 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.
  • 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
  • There is a $50 Fee for submitting biennial reports in MI
  • LQGs have annual operating fees

Deadlines, Timelines RCRA Reporting Frequency

Biennial Reporting Deadline

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

Additional Reporting Requirements (additional waste reports)

Episodic generation: MI allows for VSQGs or SQGs to have one episodic event, planned or unplanned, per calendar year. Generators who notify EGLE 30 days prior to a planned event or 72 hours after an unplanned event may maintain their generator category. Requirements for VSQGs and SQGs experiencing an episodic event include:

• An active EPA ID 
• Notify EGLE using EGP form 5150, this form must be printed and signed for submission
  • Submit Episodic Generator Addendum Form
• Use of a hazardous waste manifest for waste shipments 
• Appropriate labeling and storage 
• Conclude the event within 60 days from the start date
• Maintain records of episodic events for a minimum of 3 years

Tips for Effective RCRA Reporting

Maintain Continuous Records

• Establish a centralized storage system to facilitate quick and efficient access to essential documents and records. These materials may be required during compliance audits or inspections and can streamline the reporting process. Using electronic storage or digital management software can enhance accessibility and improve data security
• Perform regular self-audits to verify that records are accurate, complete, and in compliance with current RCRA and Michigan-specific regulations. Schedule audits quarterly or biannually to review records related to waste generation, storage, and shipment. Additionally, maintain a clear schedule to monitor submission deadlines and 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 MI

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 Large Quantity Generator (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 federal regulations, misidentifying waste streams, or not assigning the correct state waste codes

• Most commonly overlooked wastes in MI include waste from blind sumps, partially empty aerosol cans, expired products, electric lamps, rags, sorbent, spent paint filters and sand-blasting residue 

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

Failing to stay current with regulatory changes in Michigan can result from several factors. Facilities may lack dedicated staff to monitor updates, assume that long-standing waste management practices remain compliant, or overlook changes issued by state agencies.

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.
• Stay informed by subscribing to updates from the EGLE to receive timely notifications about regulatory changes.
• Participate in local and state Environmental, Health, and Safety (EHS) associations to stay connected and informed about industry developments and compliance requirements

Late and Missed Submissions

MI does not allow 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 of up to $10,000 per day. 

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 Michigan

Potential Fines and Legal Consequences

In Michigan, 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 EGLE and the federal EPA. MI 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 in MI include:
  • Failing to properly identify hazardous waste generated
  • Failing to submit biennial reports
  • Outdated emergency response plans 
  • Failing to conduct annual refresher training for employees handling hazardous waste
  • Exceeding storage limits 
    • Failing to conduct weekly inspections of storage areas and to maintain these records for at least 3 years

 

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.