North Dakota RCRA Hazardous Waste Reporting

North Dakota hazardous waste reporting is regulated by the North Dakota Department of Environmental Quality (DEQ). The state program provides “cradle-to-grave” management of hazardous wastes, prioritizing the protection of 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. North Dakota has adopted all hazardous waste regulations and exemptions established under RCRA, but has more stringent biennial reporting requirements.

Understanding North Dakota Hazardous Waste / RCRA Reporting Requirements

In North Dakota, reporting requirements are based on generation quantities and treatment activities. Facilities have to submit biennial reports if they generate wastes at or above certain thresholds or engage in hazardous waste treatment (below)

• Small Quantity Generators (SQGs):
  • Generate 220 lbs or more of hazardous waste and less than 2,200 lbs of hazardous waste and less than 2.2 lbs of acutely hazardous waste in any single month
• Large Quantity Generators (LQGs):
  • Generate 2,200 lbs or more of hazardous waste or 2.2 lbs or more of acutely hazardous waste
• Any permitted Treatment, Storage, or Disposal Facility (TSDFs) 

State-Listed Hazardous Waste in North Dakota

• North Dakota does not have any state-specific wastes subject to RCRA manifest and reporting requirements and follows federal waste designations and waste codes.
• A full list of EPA Hazardous Waste codes can be found here 

North Dakota Generator Statuses and Requirements

Below is a summary of the requirements for generators in North Dakota based on generator categories.

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 must still take steps to ensure compliance, including:

• Register with the EPA using RCRA Subtitle C Site Identification form (EPA Form 8700-12 through MyRCRAid) to obtain an EPA number and receive a Registration Certificate from DEQ (Registration Certificate may carry a fee)
  • 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 (or 270 days if the only TSDF is 200 miles or more miles away)
• Store hazardous waste in appropriate containers 
  • Conduct weekly inspections of tanks and storage containers
    
  • Use the words “hazardous waste” on all storage containers 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
• Provide basic training for employees handling hazardous waste
  • While a full written contingency plan is not required, North Dakota requires SQGs to attempt to make arrangements with local emergency responders
• 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
• Submit federal biennial hazardous waste reports in even-numbered years
• Maintain all 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

LQGs generate more than 2,200 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 addition to reporting requirements, LQGs must:

• 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 in appropriate containers 
  • Must conduct weekly inspections of tanks and storage areas
  • Use the words “hazardous waste” on all storage containers 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 e-Manifest 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)
    
  • In North Dakota, Contingency Plans must also have a section detailing how generator will ensure that waste does not exceed storage time limits
    
• 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
  
• Maintain all records for a minimum of 3 years
  

Examples of Facilities Subject to Waste Reporting

Below is a list of common facilities in North Dakota and the hazardous wastes generated that would likely trigger the need to submit a biennial report.

• Oil and gas extraction and refining: Ignitable waste from solvents and cleaning materials, benzene-contaminated waste from drilling operations, wastewater treatment sludge and oil/water separator sludge, lead waste from pipelines
• Agricultural chemical suppliers: Acutely hazardous pesticide waste, waste containing certain herbicides, ignitable wastes from pesticides, chromium waste from treated equipment
• Healthcare facilities: Acutely hazardous wastes, mercury-containing waste from pipeline maintenance, chromium waste from equipment repairs
• Oilfield Service and Pipeline facilities: Ignitable waste from cleaning, benzene-contaminated waste from pipeline maintenance, chromium waste from equipment repair 
• Power generation facilities: Ignitable waste from fuel storage, lead-contaminated waste from electrical equipment, mercury-containing devices and waste from emissions control systems, spent solvents 
• Transportation hubs and maintenance facilities: Ignitable waste from diesel fuel and cleaning solvents, ethylene glycol waste from de-icing, spent solvents used for maintenance, benzene waste from spilled fuels

Hazardous Waste Manifest Requirements for North Dakota 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:

• North Dakota 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 DEQ
• 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 DEQ 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 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 DEQ 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

North Dakota Electronic Waste Reporting System (RCRAInfo)

Overview of RCRAInfo

In North Dakota, the RCRAInfo system serves as the primary platform for submitting biennial hazardous waste reports. 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
  •  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 

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: North Dakota allows for one episodic event, planned or unplanned, per calendar year. Generators who notify DEQ 30 days before a planned event or 72 hours after an unplanned event may maintain their generator category. Requirements for VSQGs experiencing an episodic event include:

• An active EPA ID Note: This means that VSQGs that have not registered for an EPA ID would not be able to utilize the episodic generation alternatives
• Notify DEQ using EPA form 8700-12 and the Episodic Generator Addendum submitted via myRCRAid
• 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

• 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 North Dakota

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 SQG or 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 North Dakota 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 stay current with regulatory changes in North Dakota can result from several factors. Facilities may lack dedicated staff to monitor updates or assume that long-standing waste management practices remain compliant.

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
  

Late and Missed Submissions

North Dakota 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 North Dakota

Potential Fines and Legal Consequences

In North Dakota, 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.