Mississippi RCRA Hazardous Waste Reporting

Hazardous waste in Mississippi is regulated by The Mississippi Department of Environmental Quality (MDEQ). Federally, hazardous waste is regulated under the Resource and Conservation Recovery Act (RCRA). Compliance with state and federal RCRA regulations is required for facilities who generate and dispose of hazardous waste at certain thresholds. Federally, RCRA requires a biennial report to be submitted by large quantity generators of hazardous waste. At the state level, Mississippi requires both small and large quantity generators to submit reports annually. 

Understanding Mississippi Hazardous Waste/ RCRA Reporting Requirements

Who Needs to Report?

Any facility that engages in certain hazardous waste activities or generates hazardous waste at or above certain thresholds (below) must submit an annual report to MDEQ. These reports include information about the types and amounts of hazardous waste generated, managed, and/or shipped during the precious calendar year. Facilities must report if it:

• Transported hazardous waste in any amount
• Is a treatment, storage, recycling, or disposal facility
• Generated more than 220 lbs of hazardous waste in any calendar month 
  • MS requires RCRA Small Quantity Generators (SQGs) and Large Quantity Generators (LQGs) to report annually. Generators are encouraged to submit electronically. Annual reports from LQGs submitted to MDEQ will be used to satisfy federal biennial reporting requirements

State Listed Hazardous Waste in Mississippi

Mississippi does not have state-specific wastes or waste codes subject to RCRA reporting. Mississippi has adopted all federal waste categories and codes defined by the EPA. 

A full list of all EPA waste codes is available here.

Mississippi Generator Statuses and Requirements

Very Small Quantity Generators (VSQG) Requirements

VSQGs are facilities that generate no more than 100 kg (220 lbs) of hazardous waste or 1 kg (2.2 lbs) or acutely hazardous waste in any given month. In Mississippi, VSQGs are not required to submit annual reports. VSQGs still have requirements to ensure compliance, including:

• Must identify all hazardous waste generated
• Ensure storage does not exceed 2,200 lbs of hazardous waste on-site at any time
• Use permitted transporters 
• Send waste to an appropriate off-site treatment or disposal facility. Approved facilities must be one of the following: 
  • A state or federally regulated treatment, storage, or disposal facility (TSDF)
  • A permitted, licensed, or registered state facility 
  • A facility that uses, reuses, or recycles the waste
  • A universal waste handler 
  • A large quantity generator under the same control as the VSQG
• VSQGs do not need an EPA ID unless required by the transporter of the waste or in events of episodic generation

 

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 in any given month. In MS, SQGs are required to submit annual reports and abide by the following requirements:

• Obtain an EPA ID (RCRA Subtitle C Site ID Form)
  • Renotify the state of hazardous waste activities every 4 years
• Manage waste onsite properly, including:
  • Safe storage
  • Accurate labeling 
  • Accident prevention 
  • Not allowing accumulation to exceed 13,200 lbs at one time or occur for more than 180 days without a permit 
• Must have a detailed contingency plan with a designated emergency coordinator. The contingency plan must include contact information, procedures for spills or other emergencies, a list of emergency equipment with locations, and evacuation routes for your facility
• Conduct basic employee training for employees handling hazardous waste 
• Only use a regulated TSDF or recycler 
• Use the Uniform Hazardous Waste Manifest (UHWM) system for waste shipments 
• Submit annual reports to MDEQ by March 1 each year 

Large Quantity Generator (LQG) Requirements

LQGs generate 2,200 lbs or more of hazardous waste or more than 2.2 lbs of acutely hazardous waste in any given month. In MS, LQGs are required to submit annual reports and abide by the following requirements:

• Obtain EPA ID  (RCRA Subtitle C Site ID Form)
• Manage waste onsite properly, including:
  • Safe storage
  • Accurate labeling 
  • Accident prevention 
  • Not allowing accumulation to occur for more than 90 days without a permit 
• Must have a detailed contingency plan with a designated emergency coordinator. The contingency plan must include contact information, procedures for spills or other emergencies, a list of emergency equipment with locations, and evacuation routes for your facility
• Must provide formal training to all employees within 6 months of hire on waste management procedures, waste handling, and emergency responses
• Retain copies of training records, emergency plans, permits, etc, for a minimum of 3 years
• Send notifications and certifications to TSDFs
• Only use a regulated TSDF or recycler 
• Use the Uniform Hazardous Waste Manifest (UHWM) system for waste shipments 
• Submit annual reports to MDEQ by March 1 each year
• Have a formal Waste Minimization Certification detailing efforts made to minimize waste generation

Treatment, Storage, and Disposal Facilities: 

TSDFs are required to submit annual waste reports to the MDEQ in MS. These reports include data on types and quantities of hazardous waste generated, treated, stored, or disposed of. Annual reports are due March 1 each year through RCRAInfo. TSDFs are also required to:

• Obtain a hazardous waste license from MDEQ
• Notify MDEQ of hazardous waste activity to obtain an EPA Identification number (EPA ID)
• Meet federal RCRA permit requirements
• Track hazardous waste using the UHWM system and keep copies of all manifests for 3 years
• Develop emergency contingency plans 
• Conduct routine inspections of storage and treatment areas

Examples of Facilities Subject to Waste Reporting

• Manufacturing Facilities: wastes such as solvents and degreasers, paint wastes, and metal containing wastes
• Automotive Manufacturing Facilities: paint sludge, spent solvents, wastewater treatment sludges containing heavy metals, used oil and lubricants. 
• Chemical Manufacturing Plants: Facilities such as fertilizer manufacturer, pharmaceutical production plants and pesticide manufacturers who generate wastes such as discards chemicals, spent acids, sodium hydroxide solutions, and pharmaceutical compounds (ex: U-listed wastes)
• Universities and Research Institutions: Wastes such as expired or unused laboratory chemicals, solvent mixtures, or reactive wastes from chemical reactions

Hazardous Waste Manifest Requirements for Mississippi Facilities

A Hazardous Waste Manifest is a document that travels with hazardous waste throughout the shipping and treatment process. This document allows regulatory agencies to track waste from its origin to disposal, ensuring correct handling of waste from “cradle” to “grave”. Federally, all hazardous waste shipments must be accompanied by a Uniform Hazardous Waste Manifest (EPA Form 8700-22) from generation through disposal, unless the waste meets certain exceptions. Both federally and at the state level in MS, SQGs and LQGs are required to follow federal regulations and use the Uniform Hazardous Waste Manifest (UHWM) throughout the generation and shipments of their waste. 

Waste manifests must include:

• State EPA ID numbers of facilities
• Generator name, address, and emergency contact information
• Transporter companies with U.S. DOT descriptions
• Name, address, phone number, and RCRA ID for receiving facilities
• Waste descriptions including:
  • Quantities
  • Federal waste codes
  • container information 
• Signatures from generators, transporters, and receiving facilities
• Emergency response numbers and emergency spill cleanup procedures

For Generators:

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

• If paper manifests are used, a copy must be uploaded 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 MDEQ
    • Starting December 1, 2025, exception reports must be submitted electronically though e-Manifest 

For TSDFs:  

• The UHWM must accompany waste throughout its shipment and treatment process
• Must send a copy of the signed manifest to the generator within 35 days.
  *Beginning January 22, 2025, TSDFs will no longer be required to send a final copy of a manifest to the generator. TSDFs will be required to upload final paper manifests to the federal e-Manifest system. 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 the EPA Regional Administrator 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 MDEQ detailing the discrepancy, copies of waste manifests, and attempts to resolve the issue

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 
• Mismatched or invalid Manifest Tracking Numbers 
• 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 (access to the e-Manifest system will be required for all SQGs and LGQs starting January 22, 2025)

 

Mississippi Electronic Waste Reporting System (RCRAInfo)

Overview of RCRAInfo

Mississippi utilizes the federal RCRAInfo system for biennial RCRA reports and state annual reporting. Electronic data storage and state level reporting supports federal RCRA compliance by keeping track of certain waste streams, emergency response plans, employee training, and hazardous waste generation and storage. Facilities required to submit federal biennial reports must also use RCRAInfo to comply with federal reporting requirements. Waste manifests uploaded and stored in RCRAInfo are accessible by fire departments and local agencies through MS. MS encourages 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 the RCRAInfo homepage and either create a new account or sign in with your existing credentials. 
• Access the reporting module based on reporting year:
  • Odd-numbered years: Use Annual Report Module
  • Even-numbered years: Use Biennial Report 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.
  •  Off-site identification form (OI) form: this form must be submitted for all off site receiving facilities who:
    • Shipped away waste that was on a UHM
    • Generated special waste, regardless of generator status
    • Received waste from off-site
    • Had a planned or unplanned episodic event
  • 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
• Review and submit your waste reports
  • There is no fee to submit the annual report, but generator fees are due as part of annual reporting requirements

 

Key Points:

• MDEQ has historically used Easitrak for electronic reporting. As of January 2021, this software is no longer available and generators are required to use RCRAInfo.
• For paper reporting, facilities may download forms and mail or email them to: 

Mississippi Department of Environmental Quality

Hazardous Waste Division

P.O. Box 2261

Jackson, MS 29225-2261

Or 

wastemngmt@mdew.ms.gov by March 1 

A full list of instructions for reporting requirements can be found here

Deadlines,Timelines RCRA Reporting Frequency

Annual Reporting Deadline

In Mississippi, hazardous waste reports are due by March 1st each year regarding information on hazardous wastes generated by the facility in the previous calendar year.

Additional Reporting Requirements (additional waste reports)

• VSQGs who experience an episodic event that causes them to temporarily exceed their generation thresholds must report the event by notifying MDEQ within 72 hours of an unplanned event and 30 days before a planned event.
• LQGs in MS must file annual waste summary reports 

 

Tips for Effective RCRA Reporting

Maintain Continuous Records

• Continuously tracking waste generation data will help with making sure a facility is maintaining its generator status all year and assist in promptly identifying any changes. This is especially important because WA does not allow for episodic generation exemptions. 
• Continuously and thoroughly recording waste can help ensure waste data is accurate and ready to go when the March 1st deadline comes around each year. A good rule of thumb is to have data ready to review the first week of January.
• Employee training: Federal regulations require facilities that generate hazardous waste maintain records of their employee training. These records may need to be reported during inspections or upon request. Ensure the facility maintains up to date records of all training sessions including dates, topics covered, attendees, etc. and stores these records for 5 years to ensure compliance. 

Understand State-Specific Reporting Requirements

Mississippi reporting closely mirrors federal reporting requirements. However, MS has a few key differences from federal reporting requirements. These differences include: 

• In MI, SQGs are required to have formal contingency plans
• LQGs are required to submit annual waste reduction reports 
• Both SQGs and LQGs must submit annual waste reports through RCRAInfo

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 MS. Forms, tests, 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:

• Create standardized reporting checklists to ensure accurate information
• Maintain up to date and accurate logs of waste generation and disposal all year long
• Use software tools for tracking hazardous wastes

Failure to Report All Hazardous Wastes

Omitting certain waste types can happen unintentionally due to a variety of factors such as a lack of understanding MS regulations, incorrectly identifying wastes as non-hazardous, failure to assign correct waste codes, or failure to report wastes that are otherwise federally-exempted.

Tips: 

• Conduct regular waste assessments to ensure proper classification
• Verify waste information with waste disposal facilities 
• Refer to MS guidelines for determining if waste is considered hazardous

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

Errors in reporting can occur when regulations change and you are not aware. Using technology can be a powerful tool to stay informed of ever evolving regulations. 

Tips: 

• Stay informed: subscribe to updates from MDEQ to keep up to date of any deadlines 
• Join county and state EHS associations to stay up to date about regulatory changes

Late and Missed Submissions

All reports are due by March 1. Mailed reports must be postmarked by March 1

Tips:

• Create a shared compliance calendar and set reminders well in advance
• Start compiling hazardous waste data and facility information early 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 Mississippi

Potential Fines and Legal Consequences

Violations of waste regulations in Mississippi can result in fines, criminal penalties, increased oversight, and EPA investigations. Fines are based on severity of violations. Criminal penalties, including felony charges, can be imposed to individuals and organizations who are found to be knowingly or deliberately mismanaging and misreporting hazardous and industrial wastes. 

The most common fines in Mississippi are:

• Late submissions of annual reports: 8% per annum calculated from March 1 and a penalty of 5% of total fees due for every 30-day period the report is late
• A TSDF operating without a permit: $25,000 per day 
• Exceeding storage limits: civil fines of up to $25,000 per day 
• Failing to keep manifests up to date in e-Manifest system: Civil penalties of up to $25,000 per violation
• Failing to maintain or update contingency plans: Fines of up to $25,000 per violation per day