Texas RCRA Hazardous Waste Reporting

Hazardous waste reporting under the Resource Conservation and Recovery Act (RCRA) is essential for tracking and managing wastes to ensure human and environmental protection. RCRA establishes the federal guidelines for handling and reporting hazardous waste. Certain states, such as Texas have their own regulatory agency implementing hazardous waste regulations at the state level. In Texas, the Texas Commission on Environmental Quality (TCEQ) enforces hazardous waste reporting, including annual waste summaries, monthly waste reports for certain generators, and specific state-only hazardous waste codes. Texas hazardous waste reporting can be more rigorous than federal baseline reporting requirements, including annual reporting requirements for certain nonhazardous industrial wastes.

Understanding Texas Hazardous Waste/ RCRA Reporting Requirements

Who Needs to Report?

Certain facilities in Texas must file an Annual Waste Summary (AWS) detailing hazardous waste management practices throughout the year. Any facility with an active solid waste registration (SWR) as a generator must report, regardless of generator classification. A facility must obtain an SWR and complete an AWS if they:

Generated:

• • • More than 220 lbs of nonhazardous Class 1 waste in a single month
    • More than 220 lbs of non-acute hazardous waste per month (Small Quantity and Large Quantity Generators)
    • More that 2.2 lbs of acute hazardous waste (RCRA Large Quantity Generator) 

Accumulated:

• • • 2,2000 lbs or more of non-acute hazardous waste
    • More than 2.2 lbs of acute hazardous waste
    • More than 220 lbs of contaminated soil, waste, or other debris resulting from the cleanup of acute hazardous waste spilled into land or water

Are considered transporters or receivers of Nonhazardous Industrial Class 1 Waste or hazardous waste from an off-site sources or considered reverse distributors of hazardous pharmaceutical waste

State Listed Hazardous Waste in Texas

An understanding of waste classification in Texas is essential in ensuring accuracy and compliance with AWS requirements. Unlike other states, Texas classifies nonhazardous waste into classes, and some of this waste must be included on AWS. Waste classification in Texas determines how waste is handled, transported, treated, and disposed of. Important considerations when classifying waste in Texas include origin (industrial or not), physical characteristics, and hazardous properties. 

• Texas Waste codes: Texas uses an 8-digit waste code system to identify waste streams. These unique codes are made up of:
  • a 4 digit sequence number used to identify waste streams, usually assigned by the generator. (First waste stream starts with 0001-)
  • A 3 digit form code indicated the general type of waste and 
  • A 1 digit classification code ( H: Hazardous ; 1, 2, or 3: Waste class for Nonhazardous)
• Nonhazardous wastes:
  • Class 1 nonhazardous wastes: In TX, certain industrial wastes are a class of nonhazardous waste managed under additional restrictions and standards compared to other classes of nonhazardous waste due to state regulations. These wastes are known as Class 1 Industrial wastes and are defined as any industrial solid waste that, because of its concentration or physical or chemical characteristics, is considered potentially threatening to human health or the environment when improperly managed. Class 1 Nonhazardous industrial wastes must be included as part of AWS reports. Examples include:
    • Lead and latex paint, filters, gloves contaminated with nonhazardous chemicals, Sludges, chemical wastewater, petroleum substance waste > 1,5000 ppm, soil contaminate with hydrocarbons 
  • Class 2 and Class 3 industrial wastes generally do not need to be included on AWS unless they are mixed with other hazardous wastes 
    • Keeping detailed records of class 2 and 3 waste streams can help ensure facilities remain in compliance with other TCEQ regulations

• Waste Minimization Codes (WMC): A WMC describes a waste minimization, recycling, or pollution prevention method used to reduce the amount or nature of hazardous waste. All wastes reported on AWS must have a WMC. There are 6 WMC to select from:

A: continued initiative to reduce quantity and/or toxicity

B: continued initiative to recycle on or off site

C: new initiatives to reduce quantity and/or toxicity

D: new initiatives to recycle on or off site

N: waste minimization efforts considered economically or technically impractical

X: No waste minimization efforts used

• Reportable wastes that must be included on AWS:
  • Hazardous waste generated on-site, including episodic generation
  • Hazardous waste received from off-site (have separate waste codes)
  • Class 1 Industrial nonhazardous waste generated on-site that is not recycled 
  • Class 1 Industrial waste received from off-site
    • Have special waste codes indicating the waste origin 
  • Do NOT include universal wastes, recycled nonhazardous used oil or filters, hazardous waste pharmaceuticals, class 2 and class 3 industrial wastes, or nonindustrial nonhazardous waste

Guidelines for classifying and coding industrial and hazardous wastes can be found here

Key Points: 

• Unlike other states, TX has additional regulations and requirements for industrial nonhazardous wastes. There are three classes of industrial nonhazardous wastes. Class 1 Industrial wastes must be included in AWS
• TX has a specific waste code system. These waste codes must be included in the AWS and on uniform hazardous waste manifests. Misclassifying wastes can lead to issues of noncompliance.

Texas Generator Statuses and Requirements

Very Small Quantity Generators (VSQG) Requirements

In Texas, facilities who generate less than 220 lbs of hazardous waste, less than 2.2lbs of acutely hazardous waste, and accumulate less than 2,200 lbs of hazardous waste per month are considered very small quantity generators (VSQGs). VSQGs also generate less than 220 lbs of nonhazardous industrial Class 1 waste. VSQG are typically exempt from waste reporting requirements and do not need to obtain a SWR. VSGQs must:

• Identify hazardous waste
• Ensure waste storage does not exceed 2,200 lbs at any given time
• Send waste to an approved waste-disposal facility
• Maintain records of SDS, waste determinations, shipments, and quantities of waste generated for a minimum of 3 years
• Any VSQG that generates more than 220 lbs of Class 1 industrial waste in any given month MUST obtain a SWR. They must report Class 1 industrial waste to TCEQ through an AWS by March 1 each year.

Small Quantity Generator (SQG) Requirements

SQGs in Texas generate between 220 lbs and 2,2000 lbs of hazardous waste and less than 2.2 lbs of acutely hazardous waste per month. SGQs are subject to annual reporting requirements in TX. SQG requirements include:

• Obtain an SWR and an EPA ID number
• Complete a Notice of Registration (NOR)
• Identify all hazardous wastes 
• Send hazardous wastes to approved hazardous waste facilities 
• Use Uniform Hazardous Waste Manifests for hazardous and Class 1 industrial wastes
• Submit an AWS by March 1 each year
  • Include hazardous waste and Class 1 industrial waste
• Classify wastes using both federal RCRA and Texas-specific waste codes
• Provide written notifications to local fire, police, and emergency response teams explaining the types and quantities of wastes handling on site
• Establish basic safety guidelines and emergency response procedures for all employees who handle hazardous or industrial waste
• Must identify an emergency coordinator who is available 24 hours a day 
• Submit a Pollution Prevention (P2) Plan every 5 years

Large Quantity Generator (LQGs) Requirements

LQGs in Texas generate more than 2,200 lbs of hazardous waste and/or more than 2.2 lbs of acutely hazardous waste per month. LQG requirements include: 

• Obtain an SWR and EPA ID number
• Complete a NOR
• Identify all hazardous wastes 
• Send hazardous wastes to approved hazardous waste facilities 
• Use Uniform Hazardous Waste Manifest for hazardous and Class 1 industrial wastes
• Maintain information on waste streams, including state and federal waste codes, quantities generated, and management methods
• Submit an AWS by March 
  • Must use STEERS for AWS reporting and updating NOR
  • Include hazardous waste and Class 1 industrial waste
• Classify wastes using both federal RCRA and Texas-specific waste codes
• Maintain all written records for 3 years
• Provide written formal notifications to local emergency response teams with types and quantities of wastes on site 
• Establish comprehensive safety guidelines and formal emergency response procedures. Conduct training sessions for all employees who handle hazardous waste
• Must have a formal contingency plan in place for emergencies
• Identify an emergency coordinator who is available 24 hours a day 
• Submit a Pollution Prevention (P2) Plan every 5 years
  • Submit an Annual Progress Report on P2 efforts each year

Examples of Facilities Subject to Waste Reporting

Below are some examples of facilities in Texas and the wastes generated that would most likely trigger the need to submit an AWS:

• Refineries, drilling sites, and pipeline operations: wastes such as spent hydrocarbon solvents, refinery sludges, wastewater treatment sludges, contaminated soils and spill residues
• Metal manufacturer and fabrication facilities: wastes such as spent plating solutions, metal dust and shavings, paints, solvents, and alkaline wastes
• Automotive and aerospace industries: waste such as paint thinners, spent solves, brake fluid, and heavy-metal-laden waste
• Power generation and utility industries: wastes such as PCB-contaminated oils, cooling tower sludges, and wastewater
• Construction facilities generating wastes such as asbestos-containing materials, paints, adhesives, treated wood, and waste fuels
• Agricultural and ranching operations: wastes such as pesticide containers, animal manure and bedding (if mixed with hazardous chemicals), and fertilizer waste 

• Key Points: 
  • Any facility with an active SWR must complete annual reports, regardless of generator status, including a “No Report Required” submission. However, only sites that generate a certain amount of hazardous and/or Class 1 wastes must file an AWS with waste details.
  • SQGs have the option to submit AWS via paper. Paper submissions are due January 25th. LQGs must use electronic reporting for AWS. TCEQ will file federal biennial reports with the EPA on behalf of generators. 

Hazardous Waste Manifest Requirements for Texas Facilities

Texas requires cradle-to-grave tracking of hazardous and Class 1 industrial waste shipments to ensure proper disposal of wastes. Texas requires both UHWM and land disposal restriction forms when shipping wastes to approved TSDFs. Uniform Hazardous Waste Manifests must include:

• Generator name, address, and emergency contact information
• Name, address, phone number, and EPA ID for receiving facilities
• Transporter companies with U.S. DOT descriptions
• Texas waste codes for each waste stream
• Waste descriptions, including:
  • State and federal waste codes
  • Quantities
  • Container information
  • Any special handling instructions
• Signatures from generators, transporters, and receiving facilities
• Emergency response numbers and emergency spill cleanup procedures

 

For Generators:

• • UHWM are not required to be submitted as part of the AWS. 
  • Land Disposal Restrictions: certain wastes in TX must be treated before land disposal. It is the responsibility of generators to determine if waste is restricted from land disposal. Methods for determining waste disposal restrictions include testing and process knowledge. Generators shipping hazardous waste must attach land disposal restriction forms to UHWM detailing land disposal restrictions. This document includes information about the waste and testing data. Copies of testing used for land disposal restriction determinations should be kept by generators for a minimum of 3 years.
  • Starting January 22, 2025, all SGQs and LGQs will be required to register for the e-Manifest system through RCRAInfo
  • All generators must retain copies of all hazardous waste manifests for a minimum of 3 years.
  • After January 22, 2025, TSDFs will no longer be required to submit final manifests to generators.
  • In addition to UHWM and Land disposal restriction documentation, SQGs and LQGs in TX may have additional transportation and disposal forms to include with waste shipments. These forms may include:
    • Exception reports: notifies TCEQ if generators do not receive final manifests from TSDFs within 45 days
    • TCEQ Waste Shipment Summary: notifies TCEQ of any waste shipped by an unregistered generator
    • Request for Authorization for Disposal of Special Waste
    • One-Time Shipment Request
    • EPA Notification of Intent to Export
    • EPA Acknowledgement of Consent

Common Manifest Errors

• Misidentifying waste streams
• Expired state/EPA ID
• Inaccurate container and quantity counts
• Unauthorized signatures
• Mismatches dates, transporter names, and EPA IDs

Texas Electronic Waste Reporting System (STEERS)

Overview of STEERS

Texas utilizes the State of Texas Environmental Electronic Reporting System (STEERS) system for biennial RCRA reports and state AWS. Facilities in TX have the option to submit AWS by paper or using the electronic STEERS system. 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. STEERS has built in validation checks which can help facilities minimize errors on AWS. LQGs in TX are required to use STEERS for reporting. Submission of an AWS through STEERS fulfills the federal biennial reporting requirement from LQGs. STEERS can help ensure a unified, standardized platform that is accessible to all authorized agencies across the state. 

How to Submit a Hazardous Waste Report in STEERS

Here are the key steps for using STEERS Online Reporting system:

• Log in to STEERS account or print Annual Waste Summary Form 00436 if submitting via paper (Electronic submission through STEERS is encouraged for SQGs and required for LQGs)
• Ensure NOR is accurate
  • Submit any updates to NOR before submitting AWS
• Electronic and pre-printed forms will have pre-filled boxes with facility IDs (5 digit solid waste registration number (SWR)), addresses, contact information, and reporting years. Ensure this information is accurate.
• Complete the waste reporting information applicable to the facility:
  • If the site generated less than 220 lbs of non-acute hazardous waste each month, less than 2.2 lbs or acute hazardous waste, and less than 220 lbs of Class 1 industrial nonhazardous waste:
    • Do not report quantities generate or any other information for wastes
    • Select “No Report Required”
  • If the site generated 2.2lbs or more of acute hazardous waste or 1.1 tons or more of non-acute hazardous waste in one month:
    • File a detailed AWS.
      • Provide details about each waste the facility generated, handled, or managed during the reporting year
    • TCEQ will use the detailed AWS file a federal biennial report with the EPA on the behalf of generators. You are not responsible for filing an additional biennial report.
  • If the site is a receiving facility of hazardous or Class 1 Industrial waste:
    • Report the waste receipts on a Monthly Waste Receipt Summary (WRS) 

• Key Points: SQGs have the option to submit AWS by paper. Paper AWS must be submitted by January 25th each year. Paper forms may be mailed to:

TCEQ

Registration & Reporting Section MC-29

12100 Park 35 Circle Bldg. D

Austin TX 78753

Electronic submissions via STEERS are preferred for SQGs and required for LQGs. Electronic submissions are due March 1 annually.

Deadlines,Timelines RCRA Reporting Frequency

Annual Reporting Deadline

In Texas, hazardous and industrial waste reports are due by March 1 each year regarding information on hazardous wastes generated by the facility in the previous calendar year. (If submitting via paper forms, AWS are due January 25)

Additional Reporting Requirements (additional waste reports)

Episodic Generation: Episodic generation refers to events that cause generators to temporarily generate waste in quantities that exceed their generator category. Generators in TX may have 1 planned or 1 unplanned episodic event per calendar year without affecting their generator status. TCEQ must be notified of episodic events.

• Additional episodic events require approval from TCEQ. Approval may be obtained by submitting an episodic waste notification form 30 days prior to a planned event or 72 hours after unplanned events.

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. Changes in generator status require a notification sent to TCEQ within 90 days.
• 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 store these records for 5 years to ensure compliance. 

Understand State-Specific Reporting Requirements

• Texas Solid Waste Registration IDs for facilities waste was shipped to 
• Class 1 Nonhazardous waste must be reported on the AWS
• Waste management unit (WMU) of waste remaining on-site at the end of the reporting year
• Out-of-state receiver code for facilities you send waste to outside of the state
• Texas Notice of Registration lists all TWCs and wastestreams for a facility
• Generators who intend to recycle any hazardous waste must notify TCEQ 90 days prior to recycling 
• Annual Pollution Prevention Plan due annually July 1 to STEERS
• Any changes in operation that affect generator status must be reported to TCEQ within 90 days of the change

Keep Copies of All Submitted Reports

Make copies of all forms and securely store them for a minimum of 3 years to stay in compliance in TX

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 over-reporting due to data management errors

Tips:

• Create standardized reporting checklists to ensure accurate information
  • Consider electronic tracking or digital software to automatically calculate quantities based on generation and shipments 
• Maintain up to date and accurate logs of waste generation and disposal all year long

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 TX regulations, incorrectly identifying wastes, failure to include nonhazardous industrial wastes, 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
• Regularly update waste determinations
• Verify waste information with waste disposal facilities 
• Refer to TX guidelines for determining if waste needs to be included in the AWS

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 the state.

Tips: 

• Assign a designated staff member or team to monitor current waste regulations
• Implement software solutions to track hazardous waste regulations and notify of updates 
• Stay informed: subscribe to updates from TX to keep up to date of any deadlines 
• Join county and state EHS associations to stay up to date about regulatory changes

Lack of Compliance with Texas-Specific Waste Regulations

 The following may cause a facility or organization to be out of compliance in Texas: 

• Improper waste determination
  • Failing to properly identify waste as hazardous, Class 1, Class 2, or Class 3 industrial waste
• Incomplete reporting
  • Omitting state-specific waste codes
  • Failing to report Class 1 industrial wastes on AWS
• Exceeding on site storage limits
• Inadequate emergency training
  • TCEQ requires documents related to training programs be stored on site for minimum of 3 years and available for review during inspections
• Violating land disposal restrictions 

Late and Missed Submissions

Ineffective timeline management can lead to late and missed report submissions. Lacking a centralized compliance center, unclear designation of responsibilities, and insufficient training can contribute to missing deadlines. Failing to submit AWS and other reports may result in fines of up to $10,000 per day. Late submissions will result in formal notices of violation from TCEQ. 

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 Texas

Potential Fines and Legal Consequences

Violations of waste regulations in Texas 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. Most common fines in Texas include:

• • Late and missed AWS
  • Failing to notify TCEQ of changes in hazardous waste generator status (Up to $7,500 per day)
  • Inaccurate waste codes: Fines of $5,000-$10,000 per waste stream
  • Exceeding storage limits: Fines up to $25,000 per day
  • Incomplete waste manifests: Fines up to $5,000 per violation
  • Failure to report Class 1 waste: Fines up to $10,000 per violation
  • Inadequate employee training