Virginia RCRA Hazardous Waste Reporting

Virginia hazardous waste reporting is regulated by the Virginia Department of Environmental Quality (DEQ). The state program is designed to ensure comprehensive “cradle-to-grave” management of hazardous wastes, protecting 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. Virginia has established a state hazardous waste program under RCRA, including the biennial reporting requirements.

Understanding Virginia Hazardous Waste / RCRA Reporting Requirements

Who Needs to Report?

In Virginia, 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 Virginia, 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:

• Treated, stored, or disposed of RCRA hazardous waste on-site in a waste management unit subject to RCRA permitting requirements

State-Listed Hazardous Waste in Virginia

• Virginia 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  

Virginia Generator Statuses and Requirements

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 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 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 eManifest System
  
  • Submit a LDR Notification with each waste shipment that will be disposed of in a land-based unit
    
• 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 
• Pay an annual LQG fee by October 1st every year
• 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 Virginia and the wastes they generate that would likely subject them to RCRA waste reporting requirements:

• Shipbuilding and Repair facilities: Ignitable wastes from paint solvents or degreasers, chromium from electroplating, spent solvents, lead from lead-based paint removals
• Aerospace and defense manufacturing plants: Chromium from metal finishing, ethylene glycol, solvent wastes such as acetone or methanol, corrosive cleaning agents, and etching agents 
• Chemical manufacturing plants: Spent solvents used in manufacturing, ignitable chemical intermediates, distillation bottoms for organic chemical production
• Pulp and paper mills: Ignitable wastes from solvent-based ink cleaning, corrosive liquors used in pulping, solvent-based cleaning agents, wastewater treatment sludges
• Healthcare facilities and laboratories: Acutely hazardous pharmaceuticals, mercury-containing equipment, ignitable alcohols used for sanitation, expired or unused chemical reagents 
• Military installations: Ignitable solvents from equipment maintenance, spent solvents, waste from metal plating or stripping operations, ethylene glycol from aircraft deicing

Hazardous Waste Manifest Requirements for Virginia 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:

• Virginia requires the use of the federal e-Manifest system for 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
• 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 DEQ within 15 days of accepting the waste. This report includes information about the facility, the waste type and quantity, the 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 eManifest 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

Virginia Electronic Waste Reporting System (RCRAInfo)

Overview of RCRAInfo

In Virginia, 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 (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
  • 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 Virginia

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)

Fee Payment: LQGs in Virginia must pay an annual fee each year. If the facility was LQG for any period of time in the prior year, they are subject to the fee which is invoiced from the DEQ usually by September 1st of each year and are due by October 1st.

Episodic generation: Virginia allows for VSQGs or SQGs to have 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 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 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 Virginia

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 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 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 Virginia 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

Virginia does not allow 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 Virginia

Potential Fines and Legal Consequences

In Virginia, 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 DEQ 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 the 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.