Biennial Hazardous Waste Reports

CALENDAR YEAR 2023 IS A REPORTING YEAR - DUE MARCH 1, 2024

MARYLAND WILL BE USING EPA's BR SOFTWARE (RCRAInfo) FOR ELECTRONIC REPORTING

The State of Maryland and Federal Environmental Protection Agency (EPA) hazardous waste regulations establish reporting requirements for persons who manage hazardous waste. The Biennial Hazardous Waste Report (BR) covers the waste management during odd calendar years. The completed report must cover all hazardous waste activity only for the calendar year ending December 31, 2023.

Code of Maryland Regulations (COMAR) 26.13.03.06B requires persons to file a report if, at a given site during 2023, they:

(1) Either:

(a) generate hazardous waste and ship it off-site to a facility within the United States;

or

(b) treat, store or dispose of hazardous waste on-site; and

(2) Are fully regulated under Maryland’s hazardous waste regulations by:

(a) generating, in a calendar month, 220 pounds or more of hazardous waste, or more than 2.2 pounds of acute hazardous waste;

or

(b) accumulating, at any time, more than 220 pounds of hazardous waste or more than 2.2 pounds of acute hazardous waste.

Note: EPA requires only Large Quantity Generators to complete and submit the BR; however, Maryland has more stringent requirements. Maryland requires all generators who generated 220 lbs. or more of hazardous waste or 2.2 lbs. of acute waste in any calendar month or accumulate 220 lbs. or more of hazardous waste or 2.2 lbs. of acute waste at any time complete and submit a BR.

The Maryland Department of the Environment (MDE) will be sending BR notifications in January to facilities that meet the reporting requirements. Notification will be based on a list compiled from EPA’s eManifest database. MDE is providing the notifications as a courtesy to promote compliance. Notifications are not required by law. A generator wo meets the reporting requirements must file a BR even if they do not receive a notification.

The BR must be completed and submitted to the Maryland Department of the Environment no later than March 1, 2024.

MDE encourages generators to submit their 2023 BR electronically. MDE has opted into EPA’s Industry Applications including the biennial reporting software. In order to utilize the electronic filing, the facility must have at least one Site Manager register. A site manager must be someone of management, for example, an Owner or Director. The site manager will be allowed to certify the biennial report. Employees of the site can register as a preparer. Once the site manager has been approved, any requests from the employees will be sent to the site manager for approval. To register as a site manager, please refer to the letter below titled “RCRAInfo Industry Applications”. There are links to the database as well as links to EPA’s website with instructions and information. Once you have registered to be a user in RCRAInfo, there is online training available for different applications, such as, “How to complete a biennial report”. The training is available on a separate site called “Learning Zen”. You will have to register to access the training. Your RCRAInfo log in will not work. To gain access to the training, log into RCRAInfo, and under the tab “Documentation” there is a link to Online Training. The access code is “RCRAInfo”.

The BR forms will no longer be mailed. If you chose to complete the report via hard copy, either click on the forms and instructions below or go to EPA’s public RCRAInfo website at: https://rcrainfo.epa.gov/rcrainfoweb/action/main-menu/view

This is a 142 page document that includes detailed instructions and forms. If you just want the forms, then click on Biennial Report Just Forms. When completing make sure to complete the first 6 pages, which is the site identification forms (SI), then complete a Waste Generation and Management (GM) Form for each type of waste stream generated. If your site is a receiving facility, then complete the Waste Received from Off-Site (WR) Form for all waste streams received. Maryland does not require the Off-Site Identification (OI) Form. See Frequently Asked Questions for information regarding Episodic Event, LQG Closure, and LQG Consolidation of VSQG. Maryland has not adopted Notification of Hazardous Secondary Material Activity.

Additional information, including, Maryland State Only Waste, Key Points for Filing, can be found below.

For hard copy filers only, an original form with “wet” signature is required. Please mail the complete, signed form to:

Maryland Department of the Environment

Land and Materials Administration

Solid Waste Program

1800 Washington Boulevard

Baltimore Maryland 21230-1719

The deadline for filing is March 1, 2024.

Note: Maryland’s reporting requirement is more stringent than the federal reporting requirement. For the purposes of the instruction manual, consider yourself as “required to file” if you meet the criteria listed above. Ignore the instructions on page 46 under “Who Should Not File” that limits reporting to federally-defined large quantity generators.

Information on the reporting of the generation and treatment of wastewaters can be found under “WASTES NOT TO BE REPORTED” on pages 54 - 55 of the instruction manual.

If you have any questions or need assistance, please contact:

Lynn Jagdeo at 410-537-3475 or email at lynn.jagdeo@maryland.gov

Paul "Brian" Sodeman at 410-537-3397 or email at paul.sodeman@maryland.gov

Section Head, Jennifer Hopper at 410-537-3350 or by email at jennifer.hopper@maryland.gov