Table of Contents
- Who Must File a Hazardous Waste Biennial Report
- Understanding Hazardous Waste Generator Status
- EPA Biennial Report Form 8700-13 A/B: What to Complete
- Biennial Report Submission Deadline and Timeline
- Hazardous Waste Recordkeeping Requirements
- Common Filing Errors and How to Avoid Them
- Compliance Validation and Regulatory Enforcement
- Frequently Asked Questions
Last Updated: September 21, 2026
Hazardous Waste Biennial Report: Filing Guide
Hazardous waste generators face strict compliance deadlines. Missing a filing deadline or submitting incomplete data can trigger EPA enforcement action, penalties, and facility inspections. Understanding who must file a hazardous waste biennial report, what information to include, and when to submit it is essential for any operation that handles hazardous materials.
Michael Karl McNeil has experience working with manufacturing facilities, construction operations, and industrial sites navigating these regulatory requirements. Understanding your generator status and what the EPA requires on Form 8700-13 A/B is essential for compliant submission.
This guide walks you through the entire process: determining your reporting obligations, completing the required forms, meeting submission deadlines, and maintaining records that withstand audit.
Who Must File a Hazardous Waste Biennial Report
Not every business that touches hazardous materials must file a hazardous waste biennial report. The EPA divides generators into two categories based on monthly waste volume. Your status determines whether you file at all.
Large Quantity Generator Status and Requirements
A Large Quantity Generator (LQG) creates 1,000 kilograms or more of hazardous waste per calendar month, or more than 1 kilogram of acutely hazardous waste per month.
If you’re an LQG, filing is mandatory. You report to the EPA every even-numbered year using Form 8700-13 A/B. Your submission includes detailed data on:
- Waste streams generated at your facility
- Off-site shipments to treatment, storage, or disposal facilities (TSDF)
- Waste codes and quantities
- Manifest information for tracked shipments
LQGs typically operate in manufacturing, chemical production, pharmaceuticals, electronics, automotive, and metal finishing. If your operation generates significant hazardous waste volumes, assume you’re an LQG unless you’ve confirmed otherwise through waste characterization and volume tracking.
Track your monthly waste generation for a full year before determining your status. A single month above the 1,000 kg threshold doesn’t make you an LQG, the EPA looks at your monthly average. However, if you consistently generate near the threshold, plan for LQG compliance.
Small Quantity Generator Status and Requirements
A Small Quantity Generator (SQG) creates between 100 and 999 kilograms of hazardous waste per calendar month.
SQGs do not file a hazardous waste biennial report to the EPA. You still must comply with RCRA hazardous waste regulations, including manifest requirements and storage limits, but you skip the biennial filing. However, you must maintain records of all hazardous waste generated and disposed.
Some states impose additional reporting requirements on SQGs beyond federal rules. California, for example, requires SQGs to report to the state. Check your state environmental agency’s rules before assuming federal exemption means no reporting.
Conditional Exempt Generators (CEGs) create less than 100 kilograms per month and face even lighter requirements. CEGs typically do not file biennial reports, but must still track and properly dispose of waste.
Misclassifying your generator status is a common filing error. If you’re actually an LQG but file as an SQG, the EPA may assess penalties for non-compliance. Conversely, if you’re an SQG, filing an unnecessary LQG report wastes resources. Verify your status through documented waste characterization and volume records.
Understanding Hazardous Waste Generator Status
Your generator status is not permanent. It changes based on your actual monthly waste generation. An operation might be an LQG one year and an SQG the next if production volumes shift.
The EPA determines your status by looking at your monthly hazardous waste generation for a full calendar year. If any month exceeds the 1,000 kg threshold, you’re classified as an LQG for that entire year and must file a hazardous waste biennial report in the following even-numbered year.
Hazardous waste includes both solid and liquid waste streams. Oils, solvents, paint waste, electroplating sludge, spent catalysts, and contaminated materials all count toward your monthly total. Non-hazardous waste does not count.
Document your waste characterization process. You need testing or chemical analysis to prove a material is or isn’t hazardous. The EPA can challenge your classification if your records don’t support it.
EPA Biennial Report Form 8700-13 A/B: What to Complete
The EPA Form 8700-13 A/B is the official vehicle for submitting your hazardous waste biennial report. The form has two parts: 8700-13A (facility and waste stream summary) and 8700-13B (waste disposition details).
Form 8700-13A requires you to identify your facility and list every hazardous waste stream you generated during the reporting year. A waste stream is a distinct type of hazardous waste with a specific EPA waste code.
Form 8700-13B captures the disposition of each waste stream: how much was shipped off-site, how much was treated on-site, and where it went. You’ll reference manifest numbers for off-site shipments and provide TSDF facility information.
The EPA now requires electronic submission through the e-Manifest system. Paper forms are no longer accepted.
Facility Identification and Waste Stream Data
Start by completing your facility identification information on Form 8700-13A. You’ll need:
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EPA ID number (your RCRA permit or interim status number)
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Facility name and address
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Owner and operator contact information
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Reporting year (the year being reported, not the year you file)
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EPA hazardous waste code (e.g., D008 for lead, F001 for spent halogenated solvents)
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Waste stream description
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Quantity generated in kilograms
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Whether the waste was treated on-site or shipped off-site
Reporting Waste Disposition and Off-Site Shipments
Form 8700-13B details what happened to each waste stream. For off-site shipments, you’ll report:
- Quantity shipped (in kilograms)
- TSDF facility EPA ID number
- Manifest numbers for tracked shipments
- Whether waste was recycled, treated, or disposed
Common errors here include:
- Rounding or estimating quantities instead of using actual measured data
- Omitting shipments that occurred late in the reporting year
- Listing incorrect TSDF facility information
- Failing to account for all waste streams
Your hazardous waste biennial report must match the manifest data and TSDF records. Discrepancies trigger EPA inquiries and potential enforcement action. Reconcile all three data sources before submission.
Biennial Report Submission Deadline and Timeline
The biennial report submission deadline depends on your reporting year. Reports covering even-numbered years (2024, 2026, 2028) are due by March 1 of the following odd-numbered year.
Do not assume your waste management contractor will file on your behalf. You are responsible for timely submission. Confirm with your contractor in writing that they will submit, and verify submission yourself before the deadline.
Hazardous Waste Recordkeeping Requirements
The EPA requires you to maintain records supporting your hazardous waste biennial report for a minimum of three years. These records must be available for inspection during EPA or state audits.
Documentation You Must Retain
Your recordkeeping package should include:
- Waste characterization data: Test results, chemical analyses, or documentation of how you determined hazardous waste codes
- Manifests: Signed copies of all hazardous waste manifests for off-site shipments
- TSDF correspondence: Disposal confirmations, receipts, and any communications with treatment or disposal facilities
- Monthly waste generation logs: Records showing how much hazardous waste you generated each month, supporting your generator status classification
- Waste stream inventory: A master list of all hazardous waste types generated, with quantities and disposal methods
- Training records: Documentation that your staff received hazardous waste handling and compliance training
The EPA does not require a specific format. Digital records are acceptable and often preferable to paper files. However, records must be legible and retrievable during an inspection.
Post-Submission Recordkeeping Obligations
After you file your hazardous waste biennial report, keep your submission confirmation and all supporting documentation together. The EPA may request clarification on specific waste streams or disposition data months or even years after filing.
Common Filing Errors and How to Avoid Them
Most facilities make the same mistakes when filing a hazardous waste biennial report. Knowing these pitfalls helps you avoid them.
Error 1: Misclassifying Generator Status
Error 2: Incomplete Waste Stream Data
Error 3: Manifest Number Discrepancies
Error 4: TSDF Facility Information Errors
Error 5: Late or Missing Submission
Error 6: Failure to Account for On-Site Treatment
Compliance Validation and Regulatory Enforcement
The EPA uses data validation processes to identify inconsistencies in hazardous waste biennial report submissions. If your reported data conflicts with manifest records or TSDF reports, the EPA will investigate.
Common triggers for EPA contact include:
- Reported quantities that don’t match manifest totals
- Missing or incomplete waste stream information
- Facility identification errors
- Off-site shipments to facilities with invalid EPA ID numbers
Frequently Asked Questions
What does biennial report mean in the context of hazardous waste?
A biennial report is a required submission filed every two years by hazardous waste generators to report their waste generation and disposition activities to the EPA and authorized state agencies. The report covers the even-numbered year and must be submitted by March 1 of the following year. It provides regulatory agencies with critical data on hazardous waste streams, off-site shipments to treatment, storage, and disposal facilities (TSDFs), and compliance with RCRA requirements under 40 CFR 262.41.
How do I determine if my facility is a Large Quantity Generator (LQG)?
Your facility is classified as a Large Quantity Generator if you generate 1,000 kilograms or more of hazardous waste in a calendar month, or accumulate more than 1 kilogram of acutely hazardous waste. LQGs have the most stringent reporting requirements, including mandatory biennial reporting, stricter storage limits, and comprehensive waste characterization and manifest documentation. If you fall below these thresholds, you may qualify as a Small Quantity Generator (SQG) or conditionally exempt small quantity generator (CESQG), which have different filing obligations.
What is the deadline for submitting the hazardous waste biennial report?
The biennial report submission deadline is March 1 of the year following the reporting period. For example, the report covering January 1-December 31, 2025 must be submitted by March 1, 2026. Reports can be filed electronically through the EPA’s e-Manifest system or submitted to your authorized state agency if your state administers its own hazardous waste program. Missing the deadline can result in enforcement action and penalties.
How long must I keep hazardous waste records after submitting my biennial report?
Federal regulations require you to retain hazardous waste records for a minimum of three years from the date of submission. This includes manifests, waste characterization data, storage records, and documentation of off-site shipments to treatment and disposal facilities. Some states impose longer retention periods, so verify your authorized state’s requirements. Maintaining accurate, organized records supports audit defense and demonstrates compliance with RCRA regulations.
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