New Hampshire RCRA Hazardous Waste Reporting

In New Hampshire, hazardous waste is managed by the Hazardous Waste Management Program under the Department of Environmental Services (NHDES). At the federal level, hazardous waste is managed by the EPA. The Resource Conservation and Recovery Act (RCRA) is a U.S. federal law designed to ensure that both solid and hazardous waste is managed in a way that protects human health and the environment. The RCRA framework is critical because it emphasizes that businesses are legally responsible for generated waste throughout their lifecycle. Compliance with state and federal RCRA regulations is critical for businesses because failure to meet its standards can lead to severe fines and legal penalties. New Hampshire hazardous waste regulations and reporting requirements vary from federal requirements, including increased reporting frequency and state-specific hazardous wastes

Understanding New Hampshire Hazardous Waste/ RCRA Reporting Requirements

Who Needs to Report?

In New Hampshire, all hazardous waste generators, used oil burners, hazardous waste transporters, and facilities that accumulate 11,000 lbs or more of universal waste on site must report annually. Reporting requirements and reporting frequency are determined by generator category. NH has 2 generator categories, each with different requirements (below). 

• Small Quantity generators (SQGs): Generate less than 220 lbs of hazardous waste each month. SQGs must certify compliance with NHDES every 3 years
• Full Quantity Generators (FQGs): Generate more than 220 lbs of hazardous waste each month. FQGs must:
  • Report to NHDES quarterly 
  • Certify biennial reports submitted by NHDES every 2 years 
    • In NH, federal biennial reports are completed by NHDES on behalf of FQGs

State-Listed Hazardous Waste in New Hampshire

New Hampshire has several state-specific wastes subject to RCRA manifest and reporting requirements and waste codes. Some of these wastes include:

• NH01: Used Oil
• NHX1: Recycling-exempt from cleanup fund fee 
• NHX6: Shooting Range (Outdoor) Exempt from cleanup fund fee 
• NHX5: Municipal Solid Waste Ash Exempt from Cleanup Fund Fee 
• NHX4: Sludge Exempt from cleanup fund fee 
• NH02: Solid Corrosives

A  full list of New Hampshire hazardous wastes can be found here 

New Hampshire Generator Statuses and Requirements

Small Quantity Generator (SQG) Requirements

SQGs generate less than 220 lbs of hazardous waste and less than 2.2 lbs of acutely hazardous waste per month. To stay compliant in New Hampshire, SQGs must:

• Register with NHDES using the RCRA Subtitle C Site Identification form (EPA Form 8700-12) to obtain an EPA number
  • Send completed Site ID forms to NHDES via mail
  • Review the RCRA C notification form annually and email a copy to hazwastereporting@des.nh.gov
• Waste determination: keep detailed records of how waste determinations are made and keep records for at least 3 years
• Ensure storage does not exceed 2,200 lbs or occur for longer than 180 days 
• Store hazardous waste in appropriate containers 
• Post emergency contact information and procedures for spill responses
• 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
  • Use the federal e-Manifest system for manifest tracking 
• Maintain records for a minimum of 3 years

Full Quantity Generator (FQG) Requirements

FQGs generate more than 220 lbs of hazardous waste or more than 2.2 lbs of acutely hazardous waste per month. FQGs are required to submit biennial hazardous waste reports through RCRAInfo every 2 years. In addition to reporting requirements, LQGs must also:

• Register with the EPA using the RCRA Subtitle C Site Identification form (EPA Form 8700-12) to receive an EPA ID
• 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 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
• Submit a Land Disposal Restriction (LDR) Notification with each waste shipment
• Complete quarterly reports
• Satisfy biennial reporting requirements 

Examples of Facilities Subject to Waste Reporting

The following is a list of common facilities in New Hampshire and the types of waste they generate that would likely trigger the need to submit a RCRA report:

• Aerospace manufacturing: Ignitable waste from adhesives and sealants, chromium waste from metal finishing, solvent waste from cleaning 
• Precision manufacturing: Chromium waste from metal finishing and plating, lead-contaminated waste from soldering and welding, spent solvents used in degreasing and cleaning metal parts
• Energy production and utility facilities: Mercury-containing waste from older equipment controls, lead waste from transformers, ignitable waste from fuel storage and handling
• Hospitals and healthcare facilities: Acutely hazardous pharmaceuticals, mercury-containing devices, formaldehyde waste from pathology labs, corrosive chemicals
• Chemical manufacturing and distribution: Ignitable chemicals from production processes, corrosive waste from handling and storage, discarded commercial chemical products

Hazardous Waste Manifest Requirements for New Hampshire 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). Facilities in NH are encouraged to use the federal e-Manifest system. If paper manifests are used, submit a copy of the manifest to NHDES within 5 days of the shipment. NHDES uses information from manifests to create a biennial report on behalf of Full Quantity Generators.

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:

• NH 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. 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 NHDES
    • 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
• A copy of the signed final manifest must be uploaded to the 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 NHDES 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 NHDES 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

New Hampshire Waste Reporting System 

Overview of Hazardous Waste Report Submissions in New Hampshire

In New Hampshire, Full Quantity Generators are required to submit quarterly hazardous waste reports. FQGs who meet the definition of federally defined Large Quantity Generators are also required to submit biennial reports every 2 years. In NH, both quarterly and biennial reports are complied by NHDES based on information from manifests. FQGs are responsible for reviewing prepared reports, certifying them as accurate, and paying associated fees. 

How to Submit a Quarterly Hazardous Waste Report in New Hampshire

To satisfy quarterly reporting requirements, FQGs must:

• Receive a report from NHDES
• Review the report for accuracy, including:
  • Reporting Quarter
  • Name, mailing address, location, and EPA ID
  • Weight in pounds of hazardous waste manifested during the reporting quarter
  • Fees due
• Correct any errors on the report 
• Notify the department of any needed corrections within 30 days of receiving the report 
• Certify the report as accurate
• Pay generator fees within 30 days of receiving the report 
  • Failure to pay fees within 60 days of the due date will result in interest and potential fines

How to Submit a Biennial Hazardous Waste Report in New Hampshire

In even-numbered years, NHDES will prepare a biennial report for each generator that meets the federal definition of a large quantity generator. Generators will receive this report by February 1 in reporting years. To satisfy biennial reporting requirements, generators must:

• Review the report for accuracy
• Correct any errors 
• Notify NHDES of any corrections by March 1 
• Provide NHDES with any additional information necessary to complete the report
• Submit a complete and certified copy of the biennial report by March 1

Deadlines, Timelines RCRA Reporting Frequency

Biennial Reporting Deadline

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

Additional Reporting Requirements (additional waste reports)

• Self Certification Reports: Each year, SQGs in NH must submit a self-certification form. NHDES will send a form to each SQG required to report by October 1 each year. To satisfy self-certification requirements, SQGs must:
  • Complete the self-certification form with the following information:
    • Name, address, and EPA ID
    • Contact information for the facility
    • Generation activities during the year 
      • Amount of waste generated, accumulated, treatment method
  • Return the completed form to NHDES by January 1 of the next year
  • Pay generator fees by January 1 

Tips for Effective RCRA Reporting

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 New Hampshire 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 NH. 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
• 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 NHDES 

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

New Hampshire-Specific Waste Regulations

New Hampshire has several additional reporting requirements beyond federal biennial reports, including annual self-certification for SQGs and quarterly reporting for FQGs. 

Late and Missed Submissions

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

Penalties for Non-Compliance with RCRA Reporting in New Hampshire

Potential Fines and Legal Consequences

In New Hampshire, 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 NHDES and the federal EPA. New Hampshire also issues interest on late fees and corrective action plans for facilities that are not in compliance. 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. 

The most common RCRA violations in New Hampshire are:

• Failing to post emergency information above telephones by SQGs
• Improper labeling of used oil storage 
• Failing to conduct weekly inspections as a generator 
• Improper labeling of satellite accumulation containers
• Improper waste determination 
• 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