EPA has implemented a mechanism that allow facilities to electronically submit 8700-12 notifications called "MyRCRAid". This online option is available for sites in Virginia, and DEQ encourages online submission. It eliminates paper forms and paper acknowledgement letters, and reduces processing time.

EPA provides links, instructions and guidance for myRCRAid on the RCRAInfo website:

RCRAInfo myRCRAid one-pager:  myRCRAid
RCRAInfo Site Manager one-pager:  Site Manager
RCRAInfo Industry User FAQs:  Industry User FAQs (includes links to LearningZen video library and RCRAInfo’s Help Documentation)

The RCRA Subtitle C Site Identification 8700-12 Form and Instructions are available on EPA's website. The PDF form can be completed for new ID as well as subsequent notifications. DEQ has also created a document to assist in completing this form called “Quick Instructions for Completing the EPA 8700-12 Form”.

Mailing and Contact Information

The RCRA Subtitle C Site Identification 8700-12 form not completed as a subsequent notification through MyRCRAid, can either be submitted to DEQ by postal or electronic mail. Please include the completed and signed 8700-12 form as an email attachment or print to submit by postal mailing.

Attn: Kim Hughes

Land Division
Virginia Department of Environmental Quality

Electronic Delivery:
kimberlyn.hughes@deq.virginia.gov

Postal Delivery:
PO Box 1105
Richmond, VA 23218

FedEx Delivery:
1111 E. Main St., Suite 1400
Richmond, VA 23219

For further assistance or questions please contact Kim Hughes, RCRA Data Administrator, at (804) 912-6975 or by email.

A provisional generator is any site currently generating hazardous waste only as the result of a one-time, non-recurring, temporary event that is not related to normal production processes. In other words, it’s a short-term generator that produces hazardous waste from a particular activity for a limited time and then ceases conducting that activity. Provisional generators are subject to the same regulations as permanent generators based in the amounts generated during the temporary event.  Generators obtaining provisional EPA ID numbers are also required to submit a EPA 8700-12 form. This does not establish a permanent EPA ID number but is required as part of our provisional number protocol. 

Notifications submitted in support of a provisional number must be sent directly to DEQ Regional Office issuing the number. Provisional ID numbers are used to track hazardous wastes generated at sites that do not have a permanent EPA ID number and that do not ordinarily generate any hazardous waste. Provisional EPA identification numbers expire thirty (30) days from the date of issue and may be used up to two times (two separate transportation events) within that 30-day period (for the same waste generation operation). The recipient of a provisional EPA identification number can request one 30-day extension to the initial 30-day expiration period. There may be certain situations where a provisional number can be issued for a project that may last for a longer period (e.g., a bridge repainting operation, or short-term lead paint abatement project). Such determination must be made on a case-by-case basis. However, provisional EPA ID numbers will not be issued for any project that lasts longer than 90 days. DEQ will request that a generator obtain a permanent EPA identification number for projects lasting longer than 90 days.

Please scan and email the completed form to the DEQ Regional Office. You will be e-mailed your Provisional EPA Identification Number once DEQ determines your form is complete. Mail the original signed copy of the EPA Form 8700-12 to the DEQ Regional Office. If not time critical, you may also mail your request to the same address without faxing, or hand deliver. Please see DEQ’s website and support document for more information regarding Issuance of a Provisional EPA ID . Call the DEQ Regional Office if you have any questions or problems. If unable to reach your DEQ Regional Office, you may contact (at DEQ Central Office) – Brian Burton, (804) 350-6570.

Notification of Episodic Waste Generation

VSQGs and SQGs may operate under streamlined requirements if they have a temporary change in their generator category because of an episodic event provided certain requirements are met.  One requirement for both planned and unplanned events, is the submittal of the 8700-12 form.  One episodic generation event is allowed per year with the opportunity to petition for a second event. More information can be found on our website regarding Episodic Generation.

My RCRAID information

RCRAInfo myRCRAid one-pager:  myRCRAid
RCRAInfo Site Manager one-pager: Site Manager
RCRAInfo Industry User FAQs: Industry User FAQs  (includes links to LearningZen video library and RCRAInfo’s Help Documentation)

Hazardous Waste Biennial Reporting Requirements

Large Quantity Generators (LQG) and Treatment Storage and Disposal (TSD): LQGs and TSD facilities are required to complete and file a Hazardous Waste Report (Biennial Report) every two years regarding the nature, quantities and disposition of hazardous waste generated and managed. The Biennial Report form (EPA form 8700-13A/B) should be submitted to DEQ by March 1st of every even-numbered year along with the Site ID form. This report covers waste that is generated/managed each odd-numbered year. Here is a summary of Biennial Reporting Requirements.

Hazardous Waste 2023 Biennial Reporting: This will be due to DEQ by March 1, 2024 for hazardous waste generated and managed in the calendar year 2023. Check back for updated instructions.

Ways to Submit the Hazardous Waste Biennial Report Online

For the 2021 hazardous waste biennial report, the Virginia Department of Environmental Quality (DEQ) opted to use the Biennial Report application developed by the U.S. Environmental Protection Agency. All Large Quantity Generators (LQGs) and Treatment, Storage, and Disposal Facilities (TSDFs) in Virginia are encouraged to submit their Biennial Report (BR) electronically using this system via RCRAInfo. DEQ no longer accepts BR electronically thru Easitrak software.

Mailing and Contact Information for Report: The completed 8700-13 (signed) or hard copy of Hazardous Waste Biennial Report can be sent by:

Postal Mailing:

Attn: Sanjay V. Thirunagari
Land Division
Virginia Department of Environmental Quality
P.O. Box 1105
Richmond, VA 23218

FedEx:

Attn: Sanjay V. Thirunagari
Land Division
Virginia Department of Environmental Quality
1111 East Main Street, Suite 1400
Richmond, Virginia 23219

For more information, please contact Brian Burton at (804) 350-6570 or Brian.Burton@DEQ.Virginia.gov

The regulatory requirements for very small quantity generators (VSQGs) and small quantity generators (SQGs) that temporarily change their generator category as a result of an episodic event but wish to operate under streamlined requirements for episodic generation are found at 40 CFR Part 262 Subpart L. (40 CFR § 262.230 - 262.233.) VSQGs and SQGs may operate under streamlined requirements if they have a temporary change in their generator category as a result of an episodic event provided certain requirements are met. Also, per 40 CFR § 262.13(c)(8), hazardous waste managed as part of an episodic event does not have to be counted toward a generator's category.

Overview of Regulatory Provision

• One episodic event allowed per year plus one opportunity to petition for a second event
• The petition process allows a total of 1 unplanned and 1 planned event per year. Example: A generator conducts a clean out in the spring and then has an unexpected recall in October. A generator plans a small episodic project for the fall but a hurricane causes facility damage in July.
• An episodic event can last up to 60 days
• A generator can complete multiple projects during the 60-day time limit for the episodic event
• The 60-day time frame should allow waste from unplanned events to be characterized and allow arrangements for disposal to be made
• All hazardous waste must be shipped off site by the end of 60 days or that waste counts toward the generator's category and must be managed under the regulations for that category of generator.

Definitions

Episodic Event - An activity or activities, either planned or unplanned, that does not normally occur during generator operations, resulting in an increase in the generation of hazardous waste that exceeds the calendar month quantity limits for the generator's usual category.

Planned Episodic Event - An episodic event that the generator planned and prepared for, including regular maintenance, tank clean-outs, short-term projects, and removal of excess chemical inventory.

Unplanned Episodic Event - An episodic event that the generator did not plan or reasonably did not expect to occur, including production process upsets, product recalls, accidental spills, or “acts of nature,” such as tornado, hurricane, or flood.

Notification Requirements for Episodic Generation

Both VSQGs and SQGs must notify DEQ about episodic events using the Site ID form (EPA form 8700-12). In the case of a Planned Event, a generator must notify 30 or more days prior to the episodic event stated on the 8700-12 form. In the case of an Unplanned Event, a generator must notify within 72 hours of the event by phone or email and follow up with the 8700-12 form. Information and requirements for Episodic Waste Generation include; a VSQG must get an EPA ID number (automatic upon submitting the 8700-12 form); the start and end dates of the episodic event (no more than 60 calendar days); the reason for the event; the types of hazardous waste; the estimated quantities of hazardous waste; and the emergency coordinator contact information.

VSQG Episodic Generation Requirements

Labeling Requirements: Containers must be labeled with the words "Episodic Hazardous Waste", indication of the hazards of the contents, and the date the episodic event began. Tanks must be labeled with the words "Episodic Hazardous Waste", indication of the hazards of the contents, and the use of inventory logs or other records are appropriate for recording the date the episodic event began which must be accessible.

Container Management: Containers are to be manage in a manner that minimizes the possibility of an accident or release and should be in good condition, chemically compatible with contents, and kept closed. Compliance with  40 CFR Part 265 Subpart I would satisfy this condition. Tanks must have procedures in place to prevent overflow (e.g., a means to stop inflow such as a waste feed cutoff system or bypass system to a standby tank when hazardous waste is continuously fed into the tank.) Tanks must be inspected at least once each operating day.

Treatment: is not allowed except in an on-site elementary neutralization unit

SQG Episodic Generation Requirements

Labeling Requirements: Containers must be labeled with the words "Episodic Hazardous Waste", indication of the hazards of the contents, and the date the episodic event began. Tanks must be labeled with the words "Episodic Hazardous Waste", indication of the hazards of the contents, and the use of inventory logs or other records are appropriate for recording the date the episodic event began which must be accessible.

Container Management: Containers are to be manage in a manner that minimizes the possibility of an accident or release and should be in good condition, chemically compatible with contents, and kept closed. Compliance with 40 CFR Part 265 Subpart I would satisfy this condition. Tanks must have procedures in place to prevent overflow (e.g., a means to stop inflow such as a waste feed cutoff system or bypass system to a standby tank when hazardous waste is continuously fed into the tank.) Tanks must be inspected at least once each operating day. All conditions of 40 CFR § 262.16 (e.g., container and tank standards, employee training, emergency preparedness and prevention).

Treatment: is not allowed except in an on-site elementary neutralization unit.

Accumulation: Hazardous wastes on drip pads and in containment buildings cannot be managed under Subpart L.

Recordkeeping: Records must be maintained for three (3) years from the completion of each event and the records include: the beginning and end date of the episodic event; a description of the episodic event; the types of hazardous wastes generated; quantities of hazardous wastes generated; information on how the hazardous waste was ultimately managed and the name of the RCRA-designated facility or facilities that received the hazardous waste; the name of the hazardous waste transporter(s); the approval letter from DEQ if a petition was submitted and approved for a second event; and the copies of the notification form and the hazardous waste manifest cover most of the elements. Cradle to grave management of hazardous waste is required.

Petition for a Second Event – Requirements

Petitions for a second event must be made in writing and include information about the event: the reason for the event, the nature of the event, an estimated amount of hazardous waste to be managed, how the waste will be managed, the estimated length of the episodic event, and information about the previous event in the calendar year.

For Planned Event: the petition must be submitted to DEQ 30 or more days prior to the event and the generator may not manage hazardous waste from a planned second episodic event under Subpart L until approval is received on its petition.

For Unplanned Event: DEQ must be notified within 72 hours by phone or email, followed by submittal of EPA Form 8700-12 and an indication that this is a petition for a second event. Generators can manage hazardous waste from an unplanned second episodic event under Subpart L while waiting for approval of its petition. If a petition is denied, the generator must start managing hazardous waste under the conditions for the applicable generator category.

The summary is designed to assist hazardous waste generators in achieving and maintaining compliance with the Virginia Hazardous Waste Management Regulations (VHWMR). The information in this section applies to hazardous waste generators, organizations with multiple facilities, such as in the retail sector, academic and industrial laboratories, and military installations. These types of facilities may have the ability to consolidate hazardous wastes generated from their own VSQG sites at a LQG site under the control of the same organization (or person) for more efficient hazardous waste management and transportation. The regulatory requirements associated with Very Small Quantity Generators (VSQGs) that wish to consolidate their hazardous wastes under the control of the same person (see below), and the Large Quantity Generator (LQG) that receive these wastes can be found here for VSQGs and here for LQGs.

Definitions

Person:  A "person" for the purposes of this regulation is an individual, trust, firm, joint stock company, Federal Agency, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body.

Control: For the purposes of this section of the regulations, "control" means the power to direct policies at the facility.

VSQG Requirements

Labeling: VSQGs wishing to take advantage of this provision must mark and label their hazardous waste containers with the words "Hazardous Waste" and the hazards of the contents associated with that waste.

Recordkeeping: No hazardous waste manifest is required when the VSQG ships hazardous waste to the LQG, and hazardous waste transporters do not have to be used by the VSQG to ship its waste to the receiving LQG.

LQG Requirements

The LQG receiving facility must do the following:

Labeling: Label the container or unit with the date accumulation starts (i.e., the date the hazardous waste was received from the VSQG). If the LQG is consolidating incoming hazardous waste from a VSQG with either its own hazardous waste or with hazardous waste from other VSQGs, the LQG must label each container or unit with the earliest date any hazardous waste in the container was accumulated on site at the LQG location.

Recordkeeping: Manage consolidated waste as LQG hazardous waste including ensuring final treatment or disposal is at a RCRA designated facility (TSDF or recycler), and maintain records for each received shipment for three (3) years. These records must include the name, site address, and contact information for the VSQG, as well as a description of the hazardous waste received including the quantity and the date the waste was received.

Reporting: Notify DEQ using the Site ID Form (8700-12) that the LQG is participating in the consolidation program and identify which VSQGs are participating. The information regarding the types and quantities of hazardous wastes it has received from participating VSQGs must be included in the LQG's Biennial Report.

Note: There will be a different source code on the Biennial Report for the VSQG consolidated waste to distinguish from the LQGs own generated waste.

Additional Information about the Consolidation Provision

Accumulation: The 90-day waste accumulation clock starts for VSQG consolidated waste when the VSQG waste arrives at the LQG facility.

Accumulation Limits for LQG form VSQGs: There is no accumulation limit for how much waste can be consolidated at an LQG from VSQGs, but the waste must be sent off-site to a RCRA TSDF or recycler within 90 days, and the LQG must be able to maintain adequate aisle at all times.

Quantity Limits: There are no quantity limitations for shipments from the VSQG, but the VSQG must stay within its own accumulation and generation limits.

Locations of VSQGs and LQG: The VSQG and the LQG can be in different states if both states have adopted the consolidation provision. If the hazardous waste is transported through states that have not adopted the consolidation provision, the generator should check with the in-transit state to see if there are additional requirements that might apply while in transit.