Ohio RCRA Hazardous Waste Reporting

Ohio hazardous waste reporting is regulated by the Ohio Environmental Protection Agency (OEPA). The goal of the state program is to provide “cradle to grave” management of hazardous wastes to ensure the protection of the environment and human health. Federally, hazardous waste is regulated under the Resource Conservation and Recovery Act (RCRA). Compliance with state and federal RCRA regulations is required for facilities that generate and dispose of hazardous waste at certain thresholds. Ohio has established a state hazardous waste program as established under RCRA, including biennial reporting requirements.

Understanding Ohio Hazardous Waste / RCRA Reporting Requirements

Who Needs to Report?

In Ohio, all generators  that are considered Large Quantity Generators (LQGs) in odd-numbered years and Treatment, Storage, and Disposal Facilities (TSDFs) are required to report biennially. In Ohio, generator categories are the same as federal definitions. A 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:

• Treatment, Storage, or Disposal Facilities
• Recyclers of hazardous waste who
  • Do not store recyclable materials before recycling them 
  • Before recycling, store recyclable materials for up to 72 hours after arrival at the facility
• Reverse distributors of pharmaceuticals

State-Listed Hazardous Waste in Ohio

• Ohio 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-listed hazardous wastes can be found here

Very Small Quantity Generator (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 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 (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
  
• 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
  
• 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 2,200 lbs or more of hazardous waste or more than 2.2 lbs of acutely hazardous waste per month. LQGs are required to submit biennial hazardous waste reports to EPA every 2 years. In addition to reporting requirements, 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
  • Note: OEPA has a requirement that LQGs are required to re-notify the agency on even-numbered years but this can be done as a part of the biennial report
    
• 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 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
  
• Maintain all records for a minimum of 3 years
  

Examples of Facilities Subject to Waste Reporting

Below is a list of common facilities in Ohio and the hazardous wastes they generate that would likely require the submission of a RCRA waste reporting requirements:

• Automotive manufacturing plants: ignitable waste from paint booths, spent solvents, chromium waste from plating and coating, ethylene glycol 
• Chemical manufacturing facilities: ignitable wastes from solvents, spent halogenated solvents, corrosive waste from cleaning, distillation bottoms from chlorinated hydrocarbon production 
• Plastics and rubber manufacturing plants: ignitable waste from rubber adhesives, spent solvents containing toluene or methyl ethyl ketone, benzene-contaminated waste from plastic production, ethylene glycol from rubber manufacturing 
• Healthcare facilities: mercury-containing devices, acutely hazardous pharmaceutical waste, ignitable solvent waste from laboratories, formaldehyde from pathology labs 
• Electronics manufacturing and recycling: lead-containing solder waste, waste from cadmium-containing batteries, spent solvents used in circuit boards, mercury from lighting and switches

Hazardous Waste Manifest Requirements for Ohio 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:

• Ohio 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 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 Ohio EPA
    • 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 OEPA 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 to the Ohio EPA 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
  
• 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
    

Ohio Electronic Waste Reporting System (RCRAInfo)

Overview of RCRAInfo

In Ohio, 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.
    
  • 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 UHWM
      
    • 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
      
  • Waste Received (WR) Form): If the facility received RCRA hazardous waste from off-site sources
    
• Review and submit your waste reports
  
  • There are no fees associated with submitting biennial reports to Ohio
    

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 

Episodic generation: Ohio allows for one episodic event, planned or unplanned, per calendar year. Generators who notify OEPA 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 Note: This means that VSQGs that have not registered for an EPA ID would not be able to utilize the episodic generation alternatives 
• Notify OEPA using 8700-12 and the Episodic Generator Addendum submitted via my RCRAid
  • Notify Ohio EPA of unplanned events via phone within 72 hours 
• 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 Ohio. 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 LQG status and overreporting due to 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 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 Ohio 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.
  
• 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

Ohio 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 Ohio

Potential Fines and Legal Consequences

In Ohio, 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 OEPA and 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.