Hazardous Waste Biennial Reports [40 CFR 262.41]

June 29, 2017

EPA’s Hazardous Waste Generator Improvements Rule has revised the biennial reporting requirements for hazardous waste generators in order to clarify which generators must submit a Biennial Report.

The updated requirements at 40 CFR 262.41 clarify:

  • Biennial Reports must be submitted only by large quantity generators of hazardous waste (LQGs), that include:
    • Any generator who is an LQG for at least one month of an odd-numbered year (reporting year) who ships any hazardous waste off-site to a treatment, storage, or disposal facility within the U.S.; or
    • Any generator who is an LQG for at least one month of an odd-numbered year (reporting year) who treats, stores, or disposes of hazardous waste on-site
  • LQGs completing a Biennial Report must report:
    • All of the hazardous waste they generate for the entire reporting year, not just the month(s) the generator was an LQG;
    • All hazardous wastes they generated in the reporting year, regardless of whether they transferred the waste off-site during the reporting year; and
    • By completing and submitting EPA Form 8700–13 A/B to the Regional Administrator by March 1 of the following even-numbered year

The updated version of 40 CFR 262.41 continues to exclude exports of hazardous waste to foreign countries. However, hazardous waste exporters must meet the 40 CFR 262.83(g) annual reporting requirements.

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