August Mack's Monthly Newsletter

The requirements for submitting a notification of regulated waste activity stem from Section 3010 of Subtitle C of the Resource Conservation and Recovery Act (RCRA) which requires any person who generates, transports or recycles regulated waste or who owns or operates a facility for the treatment, storage or disposal of regulated waste to notify the U.S. Environmental Protection Agency (EPA) of their activities. The initial notifications of hazardous waste activity in the 1980s were due as a result of regulations developed to implement the RCRA. EPA regulations promulgated to implement these notification requirements are currently codified in Title 40 Code of Federal Regulations (CFR) Parts 260-266, 270, 273 and 279. The initial notification is made by completing the RCRA Subtitle C Site Identification Form [U.S. EPA Form 8700-12]. However, if the facility is in AR, IL, IN, KS, KY, NH, NY, OH, OR, SC, TN, TX, or WA where the form developed by the state regulatory agency, the State form is required. Since those initial notifications were required to be submitted, additional notification requirements have been added including requirements for notification for universal waste activities, used oil activities and management of hazardous secondary materials (see 40 CFR 261.2(a)(2)(ii), 40 CFR 261.4(a)(23), (24), or (25)).

A number of activities trigger the requirement for a subsequent notification including:

Change in site contact
Change in site ownership
Additions to or replacements of site owners
Change in the type of RCRA Subtitle C activity conducted at the facility

Changing the hazardous waste generator status or engaging in other hazardous waste activities (e.g., becoming a transporter of hazardous waste)
Becoming a large quantity handler of universal waste
Becoming a used oil transporter, processor/re-refiner, off-specification used oil burner or used oil fuel marketer

Opting in or withdrawing from 40 CFR Part 262 Subpart k for managing laboratory hazardous wastes
Beginning or discontinuing to manage hazardous secondary material

Notifications are submitted directly to state regulatory agencies for all states authorized to operate their own hazardous waste programs. Deadlines are not specified in the regulations for submittal of the forms. As disposal of regulated waste requires the use of an EPA ID number, the initial notification needs to be submitted in advance of the first shipment of regulated waste in order for an EPA ID number to be assigned to the facility. For subsequent notifications, the information provided on regulated waste activity (e.g., waste disposed and generator status) is considered current as of the date the form is certified. Therefore, if the generator status is changing, the form needs to be submitted in advance of generation/shipment of waste at the new generator status. In addition, any other regulatory requirements that are required of the new generator status will need to be implemented at the time the generator status is changed as well.

Susan Burkett, ASP is a senior engineer for August Mack Environmental, Inc. in Lancaster, Pennsylvania. She has spent the last 23 years working on projects related to environmental, health and safety compliance for government, industrial, manufacturing and commercial facilities in AL, AZ, CA, CO, CT, DE, KS, KY, LA, MA, MD, MI, MN, NC, NJ, NY, OH, OR, PA, TX, and VA. She has assisted numerous industrial facilities in complying with a wide-range of EH&S requirements. She can be reached at 717.399.9587 (ext. 24) or sburkett@augustmack.com.