Hazardous and Solid Waste, Q&A

What Are the Reporting Requirements for HSMs After the Initial Notification?

Q. I manage our filter cake waste as a hazardous secondary material (HSM) and notified the EPA and state environmental protection agency before managing the waste as a HSM. Are there any other reporting requirements after the initial notification?

A. A generator of HSM who intends to follow the requirements of the solid waste exclusion found at 40 CFR 261.4(a)(23) for HSM “generated and legitimately reclaimed within the United States or its territories and under the control of the generator” must provide an initial notification to the EPA and/or the applicable state environmental regulatory agency in compliance with the exclusion before beginning operations. You have noted that you have submitted such initial notification. However, the applicable notification requirements at 40 CFR 260.42 also require submission of notification using EPA Form 8700-12 (or the state equivalent) by March 1 of each even-numbered year as well as within 30 days of having ceased managing HSM in accordance with the regulatory exclusion.

Although not a reporting requirement, note that the exclusion at 40 CFR 261.4(a)(23) requires generators to maintain written documentation of their legitimacy determination on-site for three years after the recycling operation has ceased.

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