Small quantity and large quantity generators of hazardous waste must notify the state of Delaware of their activities. Large quantity generators are required to submit annual reports to the state.

Hazardous Waste Activity Notification

Businesses or government agencies that generate, transport, treat, store or dispose of hazardous waste must obtain an EPA Identification Number from DNREC’s Compliance and Permitting Section (CAPS), unless they are a very small quantity generator.

Once having obtained an EPA Identification Number, Large Quantity Generators must re-notify the state by March 1 of each calendar year. A large quantity generator may submit this re-notification as part of its annual report.

Starting in 2021 and every four years thereafter, Small Quantity Generators must re-notify the state by September 1.

Notifications and re-notifications can be submitted either electronically or in paper copy using EPA Form 8700-12, RCRA Subtitle C Site Identification Form.

Submitting Electronically

Using myRCRAid, log into your current RCRAInfo account or register for a RCRAInfo account at rcrainfo.epa.gov/rcrainfoprod/.

The Compliance and Permitting Section has created a training video and instructions that provide guidance on creating and managing a RCRAInfo account, accessing modules, and using electronic signatures.

Submitting in Paper Form

Use the form found on page 84 of this excerpt of the EPA’s RCRA Subtitle C Reporting Instructions and Forms document. Submit the completed form to the attention of Melissa Ferree, by email (Melissa.Ferree@delaware.gov), fax (302-739-5060), or mail/courier (DNREC, Compliance and Permitting Section, 89 Kings Highway, Dover, DE 19901).

Hazardous Waste Reporting for Large Quantity Generators

Delaware’s Regulations Governing Hazardous Waste (7 DE Admin Code 1302) are more stringent than the federal requirements (40 CFR Section 262.41). Delaware’s regulations require hazardous waste reports to be submitted to the state annually.

Facilities that generate or handle large amounts of hazardous waste must submit an annual hazardous waste report to DNREC’s CAPS by March 1 of each calendar year.

The report covers hazardous waste activities from the preceding calendar year, the types of hazardous waste generated, how much of these wastes are generated, and how the waste are managed.

Facilities are subject to reporting if any of the following conditions apply:

1. They generate greater than or equal to 1,000 kilograms (≈2,200 pounds) of non‐acute hazardous waste in any one month during a calendar year
2. They generate greater than 1 kilogram (≈2.2 pounds) of any acute hazardous waste in any one month during a calendar year
3. They generate greater than 100 kilograms (≈220 pounds) of residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste

Exemptions

Hazardous Waste Report Exemption Request

Facilities that feel they may be exempt from filing a Hazardous Waste Report may file an exemption request using the Hazardous Waste Report Exemption Request Form. Note: This is a request only.

The request will be acknowledged by the CAPS, and an exemption approval or denial determination will be provided. An exemption denial still renders a site bound by the March 1 reporting deadline. Facilities should contact the CAPS if the reporting deadline is nearing and they have not received a status update for an exemption request.

Hazardous Waste Report Exemption Request forms can be submitted to the attention of Alee Gonzalez by email (Alee.Gonzalez@delaware.gov), fax (302-739-5060), or mail/courier (DNREC, Compliance and Permitting Section, 89 Kings Highway, Dover, DE 19901).

Resource Recovery Exemption Policy

Hazardous waste generators participating in resource recovery may be eligible to receive an exemption from certain waste-end assessment (WEA) fees. For additional information please review the Resource Recovery Exemption Policy.

Submitting Hazardous Waste Reports

Hazardous waste reports may be submitted:

• In hardcopy, if the report is generated with software that has incorporated the latest EPA forms
• In hardcopy using the most current RCRA Subtitle C Reporting Instructions and Forms
• Electronically using EPA’s Biennial Reporting Module, accessed through EPA’s RCRAInfo application, for reports covering odd numbered calendar years
• Electronically using EPA’s Annual Reporting Module, accessed through EPA’s RCRAInfo application, for reports covering even numbered calendar years

For additional information on completing Hazardous Waste Reports, including reporting examples, view the key links at RCRAInfo Web.

Instructional Materials for Electronic Reporting

To use electronic reporting, first create a RCRAInfo account (Instructions).

Once logged-in to RCRAInfo, a complete user’s guide is available within the application by clicking Documentation from the main navigation bar and selecting Help. On the Help page, click on User’s Guide, then Site Dashboard, and finally Biennial Report.

The Compliance and Permitting Section has created a training video that provides guidance on creating and managing a RCRAInfo account, accessing modules, and using electronic signatures.

A RCRAInfo Industry User Registration e-learning course is available to assist with the registration process. Users will need to establish a free account within LearningZen to access this course and other courses associated with the RCRAInfo Industry Application.

The State of California has created an instructional video. While this video demonstrates the processes of submitting a report through the Biennial Reporting Module, it can also be used as a guide to submit a report through the Annual Reporting Module or to complete the hard copy version of the forms.

Disclaimer: While most of the instructional materials were not developed by the State of Delaware, none are meant to supersede Delaware’s regulations. For hazardous waste report regulations specific to the State of Delaware please consult Delaware’s Regulations Governing Hazardous Waste (7 DE Admin Code 1302).

For Hazardous Waste Reporting Requirements for Treatment, Storage, or Disposal Facilities (TSDF) or Reverse Distributors (RDs) please contact Alee Gonzalez at Alee.Gonzalez@delaware.gov.

Related Topics:  EPA, hazardous waste, RCRA, waste and hazardous substances