Reports are due by March 1, 2024, for facilities subject to Biennial Hazardous Waste and Tier II Hazardous Chemical Inventory Reporting regulations.

Biennial Hazardous Waste Reporting

Biennial hazardous waste reports are used to compile data on the generation, management, and minimization of hazardous waste.

Facilities required to report: Large quantity generators (LGQs), or those that generate 1,000 kilograms (kg) per month or more of hazardous waste or more than 1 kg per month of acutely hazardous waste, are required to submit a report every 2 years regarding the nature, quantities, and disposition of hazardous waste generated at their facility. The EPA refers to this as the National Biennial RCRA Hazardous Waste Report or Biennial Report.

“Small quantity generators (SQGs) and very small quantity generators (VSQGs) of hazardous waste are not required to submit biennial reports, but may be subject to state-specific reporting requirements,” the EPA Biennial Hazardous Waste Report website says. “All generators should consult their state agencies to clarify the specific reporting requirements for that state.”

Where to submit reports? The Biennial Report form (EPA form 8700-13A/B) must be submitted to the authorized state agency or EPA regional office by March 1 of every even-numbered year.

What must be reported? The form includes information such as:

• Facility’s EPA ID number;
• Facility’s name and address;
• Quantity and nature of hazardous waste generated; and
• Whether the hazardous waste was sent for recycling, treatment, storage, or disposal.

Tier II Hazardous Chemical Inventory Reporting

Tier II hazardous chemical inventory reports provide state and local emergency planning organizations and responders with specific information on potential hazards that may be encountered in the event of an incident at a given facility. This information allows for proper response planning and training. 

Facilities required to report: Any facility that’s required to maintain a safety data sheet (SDS) under the Occupational Safety and Health Administration (OSHA) regulations for hazardous chemicals stored or used in the workplace in quantities that equal or exceed the following thresholds at any time during the year must report:

• For extremely hazardous substances (EHSs) (40 Code of Federal Regulations (CFR) Part 355 Appendix A and Appendix B), either 500 pounds or the threshold planning quantity (TPQ), whichever is lower.
• For gasoline (all grades combined) at a retail gas station, the threshold level is 75,000 gallons (gal) (or approximately 283,900 liters (L)) if the tank(s) was stored entirely underground and was in compliance at all times during the preceding calendar year with all applicable underground storage tank (UST) requirements at 40 CFR Part 280 or requirements of the state UST program approved by the Agency under 40 CFR Part 281.
• For diesel fuel (all grades combined) at a retail gas station, the threshold level is 100,000 gal (or approximately 378,500 L) if the tank(s) was stored entirely underground and the tank(s) was in compliance at all times during the preceding calendar year with all applicable UST requirements at 40 CFR Part 280 or requirements of the state UST program approved by the Agency under 40 CFR Part 281.
• For all other hazardous chemicals: 10,000 pounds.

Where to submit reports? Facilities covered by these requirements must submit Tier II reports to their State or Tribal Emergency Response Commission (SERC or TERC), Local or Tribal Emergency Planning Committee (LEPC or TEPC), and local fire department annually. 

What must be reported? Information required by Tier II reports includes:

• Basic facility information;
• The chemical name or the common name as indicated on the SDS;
• An estimate of the maximum amount of the chemical present at any time during the preceding calendar year and the average daily amount;
• A brief description of the manner of storage of the chemical; and
• The chemical’s location at the facility.

Reporting deadlines are approaching quickly. Be sure to submit reports by March 1, 2024.