1

What was distributed March 2012:

Question Yes? No? Comments

Re-Notification Questions

1.Does your state have reporting processes in place to require renotification of small quantity generators (SQGs)? 

2.Does your state have other types of processes in place, such as use 

of manifest systems, or coordination with other agencies within 

your state, that enables your state to update the regulatory status of 

SQGs? If yes, please explain in the Comments section.

3.Does your state have regulatory requirements that require either large 

quantity generators (LQGs) or SQGs to re-notify when certain events 

occur, such as when they close, change regulated activity, move to a 

new location, etc.?

4.If the answer to Questions 1, 2 or 3 is YES, do you subsequently

update RCRA Info with the information you collected?

Biennial Report Questions

5.Does your state require one-time or short-term LQGs to report the 

amount of hazardous waste they generate only for the months they are 

LQGs, or for the entire calendar year?

6.Does your state collect information associated with ground water 

monitoring using the BR regulatory authority found in 40 CFR 264.75 for 

RCRA permitted treatment, storage and disposal facilities (TSDFs)?

7.Does your state collect information associated with closure cost 

estimates or post-closure cost estimates using the BR regulatory 

authority found at either 40 CFR 264.75 or 40 CFR 265.75 for RCRA 

permitted or interim status treatment, storage and disposal facilities 

(TSDFs), respectively?

8.Independent of questions 6 and 7, does your state collect any 

additional information over and above the federal Biennial Reporting 

forms? If YES, please identify what those data elements are in the 

Notes section below.

Additional Notes or Comments
2

Responses:

States that we received responses from in alphabetical order: Arkansas, Colorado, Connecticut, District of Columbia, 

Delaware, Idaho, Illinois, Indiana, Maryland, Michigan, Montana, New Hampshire, New Jersey, New York, North Dakota, 

Oregon, Puerto Rico, Rhode Island, South Carolina, South Dakota, Vermont, Virginia, West Virginia, and Wyoming.

Re-Notification Questions

1. Does your state have reporting processes in place to require re-notification of small quantity generators (SQGs)? 

No: 13 (CO, CT, DE, ID, IL, MI, NJ, NY, OH, PR, SD, UT, WY)

Yes: 13 (AR, DC, IN, MD, MT, ND, NH, OR, RI, SC, VA, VT, WV)

Comments

AR Arkansas requires SQGs to submit the Arkansas Annual Hazardous Waste Report each year, which updates the facility’s highest 

generation status during the preceding year, and includes an updated Site Identification Form.

DC DC has an annual self-certification form that is completed by all CESQG and SQG sites in the District. This form allows all 

generators of hazardous waste in the District to reports there generator status and how much hazardous waste was generator for 

the previous year.

ID Although Idaho does employ an annual reporting process that allows SQGs to renotify of certain changes, the annual reporting 

process does not require renotification.

IN SQGs in Indiana must submit an Annual Manifest report. As part of that report they must file an identification form with updates to 

their notification information.

MI The annual user charge assessed to generators is based on their most recent notification of status. Therefore, there is financial 

incentive to provide re-notification when generator status changes or when no longer in business.

MT 1. Part One of our annual generator report is in essence an 8700-12 form (it shows most of the data contained in an 8700-12 form)

2. At the time of initial notification and also when changes in generator status (LQG/SGQ/CESQG to a different status) are 

received, a notification letter is sent to the generator (this letter contains a statement per our State regulations that any changes to 

the information contained in the application need to be communicated to this office)

ND SQG generators are required to submit Biennial Reports which are used to update the facilities generator status.

NH SQGs attend required training annually. At the training, a pre-populated RCRA C form is given and required to be updated and 

returned.

NY EPA Region 2 processes notifications for New York State (NYS)
3

OH Our rules are the same as federal and can’t be more stringent

OR Annual Reporting

SC SC requires SQGs to submit an Annual Declaration by Jan 31st of each year updating Notification (Handler) data and certifying that 

the company will remain a SQG for the year.

VA Part of Annual Fee

VT We assess an annual SQG and LQG registration fee and on the form generators are asked to confirm their status.

2. Does your state have other types of processes in place, such as use of manifest systems, or coordination with other 

agencies within your state, that enables your state to update the regulatory status of SQGs? If yes, please explain in the 

Comments section.

No: 12 (AR, CO, ID, IL, ND, UT, MT, NJ, SC, SD, WV, WY)

Yes: 13 (CT, DC, DE, IN, MD, MI, NY, OH, OR, PR, RI, VA, VT)

Comments

AR Arkansas no longer collects copies of HW manifests (other than discrepancies) on any regular basis.

CT We review (ad hoc) manifests to identify companies that may be operating “out of class”, and schedule them for inspection. If

warranted, they are told to notify or re-notify.

DC DC collects manifests, and records the information in a tracking database. This collected information allows us to maintain a very 

accurate generator status for all generators in the District.

DE We do periodic inspections of SQG’s, and review the hazardous waste manifest reports.

IN SQGs in Indiana must submit an Annual Manifest report. As part of that report they must file an identification form with updates to 

their notification information.

NJ That is to say nothing formal. It just occurs during the inspection process.

OH Inspectors complete a Verification form modeled on the Site ID form for each generator inspection they do. We enter that as an “I” 

source record to RCRAInfo to update the handler information. This is the only way a lot of SQGs get updated because of not 

having a re-notification requirement.

MD Review of Manifests for the Biennial H/W Reporting Process

MI The state collects manifest information and occasionally may adjust the generator status of a site.

ND SQGs are not required to submit manifests to the Department.

NY NYS obtains SQG information through the use of manifests. DEC maintains a database of manifest information and information 

obtained through NYS’s requirement of the annual reporting of hazardous waste generation.

PR During the pre-inspection review, we use the manifest information to verify status of the facilities and identify potential violations.

RI Rhode Island has a regulation that requires SQGs to complete a Hazardous Waste Generator Report when requested by RIDEM. 

The last reporting cycle was 2007.

VA Part of Annual Fee
4

VT We have a manifest database but any changes to generator status must be documented with either Site ID forms or on the 

generator fee form mentioned in 1 above.

3. Does your state have regulatory requirements that require either large quantity generators (LQGs) or SQGs to re-notify when 

certain events occur, such as when they close, change regulated activity, move to a new location, etc.?

No: 13 (AR, ID, IN, MI, NJ, ND, NY, OH, PR, RI, SD, UT, WY)

Yes: 13 (CO, CT, DC, DE, IL, MD, MT, NH, OR, SC, VA, VT, WV)

Comments

AR No formal or regulatory requirement, but facilities frequently do this on their own volition, often to avoid the perceived “stigma” of a 

higher generation status.

DC DC does have regulatory requirements that require ALL (CESQG, SQG, LQG) generators to re-notify any change in status.

ID Would like to see this be a part of the federal regs though so we could adopt by reference.

IL They are required to notify for a move to a new location. They aren’t required to re-notify for the old location.

IN No regulatory requirement; however LQG’s must file an Annual Manifest report for even numbered years with the ID form to update 

their notification info.

MD New notification is required when the generator moves to a new location

MI The user charge system (invoiced annually) provides the incentive for notification when changes occur.

MT See comments for Question 1.

ND No formal or regulatory requirement, but the Department strongly encourages generators to renotify with any changes to contacts 

and closure/move to a new location.

NH Any change in status requires any size generator to notify us within 30 days. Some changes are permitted by other means than 

the RCRA C form.

NY EPA Region 2 processes notifications for NYS

OH We request, but can’t require. Based on the definition of generator referencing owner, we believe there is authority to require it 

when ownership changes, but that has never received much attention nor it is widely practiced.

OR At the end of the year on the annual report.

PR If any change was identified during the pre-inspection review, or during the inspection, we require the generator to send the 

pertaining notifications to EPA, but, it is not in our state regulations.

RI Rhode Island’s HW regulations follow the Federal requirements in 40 CFR 262.12 which require generators to apply for and obtain 

an EPA Identification Number for each site at which the generator conducts a regulated waste activity. As such, if the generator 

were to move to a new location and commence HW generation the company would be required to notify RIDEM/EPA and obtain a 

new EPA Identification Number. In addition, if the company itself was to change its official corporate name, thus in essence 

becoming a new entity, RIDEM would require a subsequent notification so that the site’s EPA Identification Number would 

accurately reflect the name of the current generator. RIDEM does not have specific language in its regulations stating these 
5

requirements, but this is how the regulations would be interpreted/applied in those circumstances. RIDEM has considered adding 

a regulation to create standards for Generator Closure but has not yet proposed a rule change to cover this topic. 

SC Companies are required by regulation to notify within 30 days of any changes.

VA Only when generator status changes to LQG or otherwise

VT Our state regulations require a generator to maintain an “up-to-date” Site ID form that accurately describes current waste activity 

and waste generation. Our regulations also specify that notification is required upon transfer of ownership.

4. If the answer to Questions 1, 2 or 3 is YES, do you subsequently update RCRA Info with the information you collected?

No: 2 (PR, WY)

Yes: 20 (AR, CO, CT, DC, DE, IN, MD, MI, MT, ND, NH, NY, OH, OR, RI, SC, UT, VA, VT, WV)

No Response: IL

Not Applicable Response: NJ

Response is not clear: VA

Comments

NH All changes made within the state database are uploaded to RCRAInfo.

NY EPA Region 2 processes notifications for NYS, and in the past (2007 was last time) has added I source records with a site’s 

current generator status.

OR By submitting monthly Handler data and the Biennial Report.

PR The changes are performed by EPA- Region 2

VA Generator status for SQG and LQG including provisionals tracked in RCRAInfo

Biennial Report Questions

5. Does your state require one-time or short-term LQGs to report the amount of hazardous waste they generate only for the 

months they are LQGs, or for the entire calendar year?

Entire Year: 20 (AR, CO, CT, DC, DE, IL, IN, MD, MI, MT, NH, NY, OH, OR, PR, RI, SD, UT, VT, WY)

LQG months only: 2 (ID, WV)

No reporting: ND

Remainder of calendar year: SC

Comments
6

AR Information is collected for all generation within the preceding year if a facility is an SQG or higher category at any time during the 

reporting year.

DC DC issues temporary EPA Identification number for site that will generator one-time or short-term, again this applies to ALL 

generators in the District. These temporary numbers are good for only 30-days. All facilities that produce hazardous waste which 

would make them exceed their current status must report the change in status and maintain that status for the entire calendar year. 

(Note: This was counted as an “entire year” response.)

ID Only for the time period during which they are LQG, according to 40 CFR 262.44; 40 CFR 261.5; and the November 19, 1980 and 

March 24, 1986 preambles.

IL We require only for the time they are LQG but request it for the entire year. (Note: this was counted as an “entire year” response.)

MI If a site is a LQG any time during the year, they are a LQG for the purpose of biennial reporting and would report for the entire 

year.

MT All our generators are required to report all waste generated in the calendar year (per EPA Biennial Report instructions)

NY The entire calendar year. One-time or short-term LQGs must report all the waste generated for the entire year per a NYS 

hazardous waste annual reporting requirement.

OH Entire calendar year. This has always been our practice. It’s one way to make sure they are being truthful when they claim it was 

only one month. The forms don’t have a way to indicate that the data is for a less than 12 month period. The instructions say they 

have to report everything generated/accumulated or shipped. When we present the BR data to others, EPA says “this is what the 

sites generated during the calendar year”. That would not be accurate if certain sites only reported part of the year. The rule 

exempting non-LQGs from filing doesn’t say they only report for the LQG month, it just says they are exempt from 262.41. 

Therefore, if they are subject to 262.41 then they must report all waste shipped in the calendar year.

PR The PR requirement is that a one-time LQG to report everything they generated and/or shipped during the year

SC SC requires reporting for the remainder of the calendar year starting with the quarter they become an LQG.

6. Does your state collect information associated with ground water monitoring using the BR regulatory authority found in 40 

CFR 264.75 for RCRA permitted treatment, storage and disposal facilities (TSDFs)?

No: 19 (CT, DC, DE, ID, IN, MD, MI, MT, ND, OR, PR, RI, SC, SD, UT, VA, VT, WV, WY)

Yes: 6 (AR, CO, IL, NJ, NY, OH)

Not Applicable (no TSDFs): NH

Comments

AR Permitted RCRA facilities are required to submit (separately from the Annual HW Report) a summary of their groundwater 

monitoring results for the preceding year.

CO Same as federal requirements. P60 of 2011 HW Report Instructions and Forms. 

ID Should since it’s in the regs, but don’t because it’s not currently on the BR forms and we’re not authorized to be more stringent.
7

IL It is in the report but the data is forwarded to our Permit Section, not kept as part of BR.

MI The BR authority is not used to collect groundwater monitoring data. MI continuously reviews GW monitoring data (as well as 

other required environmental data submittals – e.g. detection systems, soils, run off, leachate, etc.) from permitted TSDs using 

other authority. Submittal with BR would be too much of a delay.

ND However permitted facilities that have groundwater monitoring programs in place are required to submit annual progress reports on 

their groundwater monitoring programs as per permit requirements.

NY 6 NYCRR Subpart 373-2.5(e)(6) [Reviewer’s Note: NY corrected the question’s rule reference, to 265.75(f) and not 264.75]

OH See forms and instructions at bottom of http://epa.ohio.gov/Default.aspx?tabid=4101 Information is reviewed by a hydrogeologist.

OR Information is collected under permit conditions

RI This information is gathered through permitting authority.

SD The state does not currently have any TSDFs undergoing GW monitoring.

VA No additional data collected beyond Biennial Reporting forms. GW data collected as required by the HW program

VT GW monitoring info is collected as required by their TSDF permits

7. Does your state collect information associated with closure cost estimates or post-closure cost estimates using the BR 

regulatory authority found at either 40 CFR 264.75 or 40 CFR 265.75 for RCRA permitted or interim status treatment, storage 

and disposal facilities (TSDFs), respectively?

No: 20 (CO, CT, DC, DE, ID, MD, MI, MT, ND, OH, OR, PR, RI, SC, SD, UT, VA, VT, WV, WY)

Yes: 5 (AR, IL, IN, NJ, NY)

Not Applicable (no TSDFs): NH

Comments

AR Permitted facilities as well as facilities under compliance orders which require the establishment of RCRA financial assurance for 

closure, post-closure, or corrective actions must perform and annual closure/PC/CA cost estimate for approval by ADEQ, and 

update their financial assurance instruments accordingly.

CO Not that useful as it does not require a revised cost estimate to be done, just resubmit what they have.

DE We only have one TSDR, and we use the authority of the Delaware Regulations Governing Hazardous Waste to require them to 

provide and update their closure cost estimate.

ID Should since it’s in the regs, but don’t because it’s not currently on the BR forms and we’re not authorized to be more stringent.

IL Yes to both, the data is forwarded to our Financial Assurance Unit for their use in their reviews.

MI The BR authority is not used to collect cost estimate information. These are reviewed on the annual anniversary date of the FAM or 

during a more frequent requested adjustment using other authority.

ND The financial assurance information is collected and submitted under the financial assurance regulations.

NY Using the State's equivalent regulatory citations, the annual report provision (6 NYCRR 373-2.5) has been used to get an updated 

cost estimate. 6 NYCRR 373-2.8 has been the basis for the annual inflation adjustment for closure, post closure and corrective
8

action.

OH We did on the old forms (prior to 1995). I have worked with annual HW report data since the 1989 cycle and I’ve only been asked 

once or twice by our staff about this estimate.

OR Information is collected under permit conditions

RI This information is gathered through permitting authority.

VA No additional data collected as part of BR beyond federal requirement. FA data collected as required by the HW program.

VT We do not require a closure cost estimate as part of the biennial report. Closure cost estimates and updated (as appropriate) 

closure cost estimates are required as part of their TSDF permits.

8. Independent of questions 6 and 7, does your state collect any additional information over and above the federal Biennial 

Reporting forms? If YES, please identify what those data elements are in the Notes section below.

States answering Yes and their comments: AR, CO, DC, IL, IN, MT, NY, OH, RI, SC

Comments

AR Total (summary) amount of all HW waste generated during the preceding year; Total amount of waste shipped off-site during the 

year; Amount of waste(s) treated on-site during the year; Management Method Code for wastes treated on-site during the year; 

and Total wastes received from off-site sources during the year. (Reviewer’s note: not sure the question was understood. Totals 

can be derived from any report once the details are entered.)

IL Yes, on-site storage over 90 days is required. Transporter information is required. Imports/exports out of country are requested, 

but no longer in regulations; since few companies import/export directly, much of this information is available but hidden because 

the business uses the US EPA number associated with the importer/exporter.

CO Waste minimization information is required under Section 262.41 of the Colorado Hazardous Waste Regulations. The Colorado 

Waste Minimization Form is required for each waste stream that had any waste minimization activity in 2011.

Colorado has revised the OI Forms and instructions to report TSDR facilities only. 

Section 1C of the GM Form and Waste 1C, 2C, & 3C of the WR Form refer to State Hazardous Waste Codes. Colorado has 5 

State Hazardous Waste Codes that all refer to military munitions that will not apply to most Facilities. 

Exempt Managed and Regulated Waste: In 1997 the Hazardous Waste (HW) Report Instructions were changed to report exempt 

managed wastes by not identifying the type of on-site management the waste received prior to discharge or disposal. This change 

eliminated the State’s ability to track wastewater managed in RCRA regulated units. In addition to not clearly defining the on-site 

management of wastewater, the waste generation amounts for all wastewaters was excluded in the national report generation 

summaries. Colorado instructions replace EPA’s GM Form instructions for Wastes Not To Be Reported page 35 and Management 

Method Code description of H135 on page 72.U 
9

Wastes treated prior to discharge or disposal should be reported separately if the hazardous waste is managed in units:

Subject to RCRA permitting requirements or 

Exempt from RCRA permitting requirements as defined below.

1. Elementary Neutralization as defined in Section 260.10.

2. Generator Treatment options:

Land Disposal Treatment under Part 268; or 

Permit by Rule Activities under Part 100.21(d); 

3. Short Term Permits such as Emergency Permits under Part 100.22.

DC DC collects data on ALL generators in the District not just LQGs or SQGs. DC collects data on universal waste generated, and 

used oil generated, we also collect all of this information on all CESQGs located in the District.

IN We do not require anything extra on the biennial report however we do require the Annual Manifest report every year from SQG’s 

and every even year from LQGs. It does not contain any more info than the BR does. 

MT For the biennial report No, however for the non-biennial report years and for the SQGs, Montana collects the initial Transporter(s) 

name and EPA ID number

NY a. NYS requires annual Hazardous Waste Reports, not biennially.

b. If a site is required to file an Annual Hazardous Waste Report, NYSDEC requires that wastes treated in wastewater treatment 

units or elementary neutralization units be reported.

c. Hazardous waste exported to a foreign country must be included in the Annual Hazardous Waste Report.

d. All facilities who generated 15 tons or greater of hazardous waste or hazardous wastewater during the calendar year must 

report. Only universal waste is exempt from this requirement. No other exemptions or exclusions to annual hazardous waste 

reporting apply.

e. PCBs are a hazardous waste in New York State and must be reported as any RCRA hazardous waste.

f. An additional Box H on the New York State GM form provides for collecting information related to New York State Regulatory 

Fees regarding hazardous wastewater and regulatory fee exemptions. Regulatory fee exemptions can be for exempt remedial or 

exempt recycling. These are three check boxes.

Requiring re-notification by the state will increase processing costs, especially for large states. This will place an additional burden 

on limited state/agency resources. 

OH There are a few things we collect on the state Site ID form that are not on the federal form but can still be tracked in RCRAInfo. 

We collect end-of-year storage data from TSDs with permitted storage areas (handling method code, quantity, unit of measure). 

This is a carry-over from the old Facility Report form. A mass balance check is done to compare same-waste-stream GM forms 

from one year to the next. Generally waste in storage in year A should be reflected as shipment in year B. DOE facilities in Ohio 

keep radioactive-mixed waste on-site for consecutive years; without the storage section we wouldn’t have a complete picture of 
10

waste management at the facility.

We collect the OI form. A list of transporters used is required by the rule and this is how we get the data. Occasionally it has been 

used to determine which generators used a specific company. Recently we have begun comparing it to the Public Utility 

Commission of Ohio’s registered transporters list, and finding some problems here and there. We also use the OI generator name

and address information to QA EPA ID numbers reported for customers.

We still collect a Process System form (very streamlined) from the commercial TSD facilities even though US EPA dropped it. It 

helps us with our QA. We compare the amount processed to the waste receipts and in the case of fuel blending, to the amount 

shipped off-site for energy recovery.

Forms and instructions can be found at the web link above. More details can be provided upon request.

OR Additional information asked on Oregon’s GM Form:

A-7. If there were toxic substances in this waste stream that your facility reported on the most recent Toxic Chemical Release Inventory (TRI) Reporting

Form (Form R), please provide the CAS numbers reported:

A-8. Did this waste stream contain mercury?

A-8.a. If you answered yes to question A-8, please provide a reasonable estimate of the percentage of mercury in this waste stream:

B-6. Please provide the following information for each off-site shipment of waste:

Shipment_DT Manifest_NR Transporter_ID_NR

Additional information asked on Oregon’s Site Identification Form:

To Withdraw Site Identification Number

Completion of RCRA waste activity

Change in business ownership (represent the old owner) Effective Date: ______________

State of Oregon Business Registry Number 

Employee Count

5. Transporter of Hazardous Waste

a. Transports hazardous waste generated at this facility

b. Transports for commercial purposes

 c. Hazardous waste transfer facility

7. Recycler of Hazardous Waste

a. Recycles HW generated at this facility
11

b. Recycles HW generated by other facilities

8. Hazardous waste management in RCRA permit exempt units (e.g., elementary neutralization units, waste water treatment units, or accumulation 

tanks or containers)

a. Manages HW generated at this facility

b. Manages HW generated by other facilities

2. Off-site Universal Waste Collection Site

(Accumulates a total of 2,000 lbs. or more of universal waste received from off-site). If yes, there are additional notification requirements at: 

www.deq.state.or.us/wmc/documents/uwnotification.pdf

3. Pesticide Collection Program

(Collects and accumulates waste pesticides from off-site). If yes, there are additional notification requirements at: 

www.deq.state.or.us/wmc/documents/uwnotification.pdf

1. Used Oil Collection Center

RI We collect information on state only hazardous waste.

SC SC also has reporting requirements for Waste Minimization data. This data is collected by Jan 31st for the previous calendar year.

States answering No that provided comments:

CT We don’t even use BR for anything but a check-off of a regulatory requirement for LQGs.

ID We do not because we are not authorized to be more stringent.

MI Not only do we not collect additional information over and above the federal information, some of the information required to be 

collected on the federal forms appears to be of limited value.