Frequently Asked Reporting Questions

​The old and new business owner must decide if one owner will report for the full calendar year or if each owner will report for the portion of the year they were in business. If only one owner is reporting, then follow the appropriate directions below and check the box on the Site Identification form for “Filing for entire year” (in Section 1 “Reason for Submittal"). 

​​Most facilities generating and/or managing hazardous waste in Oregon need to report to the Oregon Department of Environmental Quality, which is authorized by the federal government to administer hazardous waste programs in Oregon. DEQ sends information to small- and large-quantity generators about annual reporting in late December each year. The following categories have reporting requirements:

• Hazardous Waste Generators – See How do I determine my generator status? to determine if you fit into any of the three hazardous waste generator categories.

  • Small and Large Quantity Generators are required to report annually using the Site Identification form and the Generation and Management form. Requirements to complete these forms replace U.S. Environmental Protection Agency Biennial Report requirements.

  • Conditionally Exempt Generators are only required to report if there’s a change in their generator status or site information - unless they’re only a generator due to remediation of environmental contamination. Sites with ongoing cleanup activities will need to report annually until the cleanup is completed and their federal Resource Conservation and Recovery Act Site ID number is withdrawn (See Hazardous Waste Fees for Remediation Wastes IMD ). Because CEGs don’t get an annual reminder letter, changes should be reported at the time the change occurs.

• Hazardous Waste Treatment, Storage or Disposal Facilities – This means that your facility has filed a Part A permit application or holds a Part B permit for the treatment, storage or disposal of hazardous waste as required under RCRA. Treatment, storage and disposal facilities report their waste receipts using the Hazardous Waste Received Form.

• Designated Hazardous Waste Recycling Facilities – This means that your facility receives hazardous waste from off site and recycles this waste in units that are exempt from requirements to obtain a RCRA permit for management of hazardous waste. Recycling facilities report their waste receipts using the Hazardous Waste Received Form.

​Reference OAR 340-102-0011 ‘Hazardous Waste Determination’
(1) The provisions of this rule replace the requirements of 40 C.F.R. Sec. 262.11.

(2) A person who generates a residue as defined in OAR 340-100-0010 must determine if that residue is a hazardous waste using the following method:

(a) Persons should first determine if the waste is excluded from regulation under 40 C.F.R. Sec. 261.4 or OAR 340-101-0004;

(b) Persons must then determine if the waste is listed as a hazardous waste in Subpart D of 40 C.F.R. Part 261;

(c) Persons must then determine if the waste is listed under the following listings:

(A) The commercial chemical products, manufacturing chemical intermediates, or off-specification commercial chemical products or manufacturing chemical intermediates identified in 340-102-0011(2)
(c)(A)(i) and (ii) are added to and made a part of the list in 40 C.F.R. Sec. 261.33(e).

(i) P998...Blister agents (such as Mustard agent)

(ii) P999…Nerve agents (such as GB (Sarin) and VX); or

(B) Hazardous waste identified in 340-102-0011(2)(c)(B)(i) and (ii) are added to and made a part of the list in 40 C.F.R. Sec. 261.31.

(i) F998…Residues from demilitarization, treatment, and testing of blister agents (such as Mustard agent).

(ii) F999…Residues from demilitarization, treatment, and testing of nerve agents (such as GB (Sarin) and VX).
NOTE: Even if the waste is listed, the person still has an opportunity under OAR 340-100-0022 to demonstrate to the Commission that the waste from their particular facility or operation is not a hazardous waste.

(d) Regardless of whether a hazardous waste is listed through application of subsections (2)(b) or (2)(c) of this rule, persons must also determine whether the waste is hazardous under Subpart C of 40 C.F.R. Part 261 by either:

(A) Testing the waste according to the methods set forth in Subpart C of 40 C.F.R. Part 261, or according to an equivalent method the Department approves under OAR 340-100-0021, or
NOTE: In most instances, the Department will not consider approving a test method until the EPA approves it.

(B) Applying knowledge of the hazard characteristic of the waste in light of the materials or the processes used.

(e) If the waste is determined to be hazardous, the person must refer to Divisions 100–106 and 40 C.F.R. Parts 264, 265, 268 and 273 for possible exclusions or restrictions pertaining to management of the specific waste.
NOTE: 40 C.F.R. Sec. 268.3 prohibits diluting a hazardous waste to meet Land Disposal Restriction treatment standards. Diluting waste without a permit to meet any hazardous waste standard is prohibited.

(f) If the waste is not identified as hazardous by application of subsection (2)(b) or (2)(c), and/or (2)(d) of this rule, persons must determine if the waste is listed under OAR 340-101-0033.

(3) A person who generates a residue, as defined in OAR 340-100-0010(2)(ee), must keep a copy of all documentation used or created in determining whether the residue is a hazardous waste, under section (2) of this rule, for a minimum of three years after the waste stream is no longer generated, or as prescribed in 40 C.F.R. Sec. 262.40(c). The person is not required to create new documentation if no documentation is created in making the waste stream determination. 
Note: There are a number of state-only wastes that are not hazardous wastes and need not be reported on the annual reporting forms (e.g., X002 - PCBs).

The following are not hazardous wastes and don’t need to be reported as a hazardous waste:

• Polychlorinated biphenyl (PCB) wastes regulated under the federal Toxic Substances Control Act (see 40 CFR 761). Generation of PCB wastes should not be reported to DEQ, although PCBs are subject to specific management requirements (see OAR 340-110).
• Used oil, having a minimum energy value of 5,000 BTUs per pound, that is burned for legitimate energy recovery (see OAR 340-111-0010).
• Used oil that is legitimately mixed with hazardous waste as described in 40 CFR 279.10(b).
• Spent lead-acid batteries that are reclaimed (see 40 CFR 266.80).
• Waste pesticide that is managed as a universal waste.

The following wastes have been assigned codes but currently are not regulated as hazardous waste and should not be reported on the reporting forms: X002 Polychlorinated biphenyls X004 Industrial waste (non-hazardous) X006 Lab pack (non-hazardous) X008 Household hazardous waste (including typical household garbage)

Household hazardous waste (including typical household garbage)Some wastes are excluded from the definition of solid and/or hazardous waste as listed in 40 CFR 261.4 and 261.3(c)(2)(ii) and amended in OAR 340-101-0004. With the exception of Point Source Discharge Wastewater (See How do I report wastewater treatment units or elementary neutralization units?), these exclusions should not be reported on the Generation and Management Form.

Acute hazardous waste is any hazardous waste with a waste code beginning with the letter "P,” or any state-only hazardous waste with a waste code beginning with the letters "P" or "ORP," or any of the following "F" codes: F020, F021, F022, F023, F026 and F027. These wastes are subject to stringent quantity standards for accumulation and generation. An example would be P076 for nitric oxide.

​Do report waste if:

• It’s managed on-site in an "open-loop" system and is accumulated or stored prior to recycling or treatment.
• It’s spent material (e.g., spent solvent) that is accumulated or stored prior to being recycled on-site. See How do I report wastes managed in on-site distillation units? for more details.
• It’s disposed of or treated on-site.
• It’s sent off-site for treatment, storage, disposal or recycling.
• It’s a residue or sludge from a "closed-loop" recycling system (on-site only).
• It’s a residue or sludge from an in-line continuous recycling system (on-site only).
• It’s a pesticide residue that is not reused.
• It’s managed in a wastewater treatment unit or elementary neutralization unit. See How do I report waste managed in wastewater treatment units or elementary neutralization units? for more details.
• It’s waste imported from a foreign country.

Don’t report waste if:

• It’s managed on-site in a "closed-loop" recycling system.
• It’s managed on-site in an "in-line" continuous recycling system.
• It’s spent material (e.g., spent solvent) that is immediately transferred from a process unit to an on-site recycling unit. See How do I report wastes managed in on-site distillation units? for more details.
• It’s reused as is, for a purpose in which it was intended.
• It’s managed as a universal waste.

​Many hazardous waste streams receive several types of management prior to final disposal. In most cases, only the final activity should be reported on the Waste Generation and Management form. The only exception is wastewater accumulated on-site prior to being managed in a wastewater treatment unit (See How do I report waste managed in wastewater treatment units or elementary neutralization units?).

If the residual from an on-site management activity is a hazardous waste, it should be reported as a separate waste stream on a separate Waste Generation and Management form.

Example: Spent solvent is recycled on-site in a distillation unit, leaving a still bottom. The still bottom is then sent off-site for incineration. On one Waste Generation and Management form, report the solvent as being managed on-site with a management code of H020, "Solvent Recovery.” On another such form, report the still bottoms as being managed off-site using the management code H040, "Incineration."

​Hazardous waste generators are regulated differently, depending on how much waste they generate or accumulate in each calendar month. There are three types of hazardous waste generators, each with different regulatory requirements.

Large-Quantity Generator – You’re a large-quantity generator, if in any one calendar month, you:

• Generate 2,200 or more pounds of hazardous waste, or
• Generate 2,200 or more pounds of spill cleanup debris containing hazardous waste, or
• Generate more than 2.2 pounds of acute hazardous waste, or
• Generate more than 220 pounds of spill cleanup debris containing an acute hazardous waste, or
• Have on-site more than 2.2 pounds of acute hazardous wastes.

Small-Quantity Generator – You’re a small-quantity generator, if in any one calendar month, you:

• Generate more than 220 pounds but less than 2,200 pounds of hazardous wastes, or
• Generate more than 220 pounds but less than 2,200 pounds of spill cleanup debris containing hazardous wastes, or
• Have on-site more than 2,200 pounds hazardous waste.

Conditionally Exempt Small Quantity Generator – You’re a conditionally exempt small quantity generator, if in every calendar month, you:

• Generate 2.2 pounds or less of acute hazardous wastes, or
• Generate 220 pounds or less of hazardous wastes, or
• Generate 220 pounds or less of spill cleanup debris containing hazardous wastes, or
• Never had on-site more than 2,200 pounds of hazardous wastes.

Your actual generator status may change from month to month. However, for purposes of reporting, your classification is based on the greatest status by which you were regulated in any one month of the calendar year. Thus, if you were an LQG for only one calendar month of the year, you must report as an LQG on your forms. You’ll l report all of the waste generated for the entire year.

​​Wastewater treated in units that release to a publicly owned treatment works sewer or to surface water under a National Pollutant Discharge Elimination System permit may be exempt from some hazardous waste requirements. If wastewater is transferred immediately (i.e., through an engineered conveyance device) from the system which generated it into a wastewater treatment unit, the waste is not counted toward generator status. However, these wastes must be reported on the Waste Generation and Management form using the management code H150: "Discharge to sewer/POTW or by NPDES - without prior accumulation or storage (Oregon only management code)".

Wastewater that is hazardous only because it exhibits the corrosivity characteristic and is transferred immediately (i.e., through an engineered conveyance device) into an elementary neutralization unit is not counted toward generator status. However, these wastes must be reported on the Waste Generation and Management form using management code H121 "Neutralization only.”

Wastewater stored or accumulated at the facility without immediate introduction through an engineered conveyance device prior to entering a defined wastewater treatment unit or elementary neutralization unit, must be counted for purposes of determining generator status and reported on the Waste Generation and Management form using the code H136: "Discharge to sewer/POTW (with prior storage – with or without treatment) or H137 Discharge with NPDES permit (with prior storage – with or without treatment)".

• For more information, see DEQ Hazardous Waste Policy: “Requirements for Owners or Operators of Wastewater Treatment Units.”

Example: An electroplating operation generates chromium-contaminated wastewater that is collected in 55-gallon drums and stored for no more than 90 days. The waste is then transferred into an on-site wastewater treatment unit where the chromium is precipitated out and the water is discharged to a POTW. Since the wastewater does not immediately enter the wastewater treatment unit, it must be counted toward generator status and reported on the Waste Generation and Management form. Use the management code as H136: "Discharge to sewer/POTW (with prior storage – with or without treatment) or H137 Discharge with NPDES permit (with prior storage – with or without treatment)​"

Note: Any hazardous sludges or residuals removed from a wastewater treatment unit must be counted toward determining generator status and must be reported on the annual report. Use an additional Waste Generation and Management form. Hazardous wastewater transported by a vessel to an offsite wastewater treatment unit should be reported using the management code that best describes the treatment process.

Example: Chromium-contaminated wastewater is pumped into a tanker truck and transported to a treatment, storage and disposal facility where the chromium is precipitated out. The waste is then released into a river under an NPDES permit. Report the total amount of waste shipped as being managed offsite with the code H070: "Chemical treatment."

​​​Spent material (e.g., used solvent) that is immediately transferred from a process unit to an on-site recycling unit is not required to be counted or included in the monthly waste accumulation generator category determination, if no storage or accumulation of the spent material has occurred prior to the recycling. See DEQ’s Counting Recycled Hazardous Waste Guidance for more information on counting recycled hazardous waste.

Solvent waste such as paint thinners is often recycled on-site in distillation units, also known as stills. Waste that is managed in these units must be counted if accumulated or stored prior to recycling for purposes of determining your generator status, and reported on the Waste Generation and Management forms.

For solvent accumulated or stored prior to recycling, use the following guidelines for counting and reporting of this waste stream:

Spent materials are counted only once during the month the material becomes spent; no matter how many times the solvent was reused during that month. All still bottoms removed and makeup solvents added for use are also counted during the calendar month. The monthly waste total for the waste processed through the recycling unit will be the total pounds of the following three waste streams:

Total monthly waste = first batch (or maximum capacity of the recycling unit) + still bottoms + makeup solvent

Example: An on-site still recycles 10 gallons of paint thinner at a time. The facility operator runs a batch through the still four times in a month. Throughout the month, two gallons of solvent are lost in the distillation process, and fresh solvent must be added. Each run through the still generates one gallon of still bottoms. Once a month, four gallons of still bottoms are removed.

From this example, two waste streams must be counted and reported as follows:

1. The first stream is the used and make-up paint thinner. Ten gallons (the volume of the first run) plus two gallons (the amount of make-up solvent added) adds up to 12 gallons of waste paint thinner. This waste is counted towards the generator status and reported on a Waste Generation and Management form.
2. The second waste stream is the still bottoms. Four gallons of still bottoms were removed for the month and are counted toward the generator status. The still bottoms are reported using a separate Waste Generation and Management form.

​Waste generated in satellite accumulation areas must be reported on the Waste Generation and Management form, regardless if the waste was shipped offsite in the reporting year. If waste accumulated in satellite accumulation areas, track how much waste is generated by recording the amounts placed in the satellite accumulation drums. The total amount generated will be the sum of these recorded amounts for the calendar year.

​Periodic or one-time waste generation means generation of waste from non-routine events, such as cleanup of spills or discarding of out-of-date products or chemicals. This includes remediation-derived waste generation, such as generation as a result of a Superfund or state remedial action or RCRA closure of a hazardous waste management unit. Generation of these wastes, including investigation-derived waste, must be reported on the Waste Generation and Management forms.

​For questions about the RCRA Site ID number or annual hazardous waste reporting, call

DEQ’s Annual Report Hot Line at 844-841-4938.

For questions about hazardous waste regulations, call the small business technical assistance staff in the DEQ regional office nearest you:

• Portland: 503-229-5696
  700 NE Multnomah Street, Suite 600, Portland, OR 97232
• Salem: 503-378-8240
  4026 Fairview Industrial Dr. SE, Salem, OR 97302
• Bend: 541-388-6146
  475 NW Bellevue, Suite 110, Bend, OR 97701

​​Use your best judgment in identifying individual waste streams at your facility. Use the following guidelines:

• A waste stream has only one source code. This list will group the source codes by the most common waste origins. Use your best judgment in determining the source code based on the type of process or activity from which a waste was generated.
• Source Group Code
  
• A waste stream has only one form code. Use your best judgment in determining the form code based on the general physical and chemical characteristics of a hazardous waste.
• Form Code Group
  

Example: A liquid hazardous waste stream includes spent paint thinner and paint. The waste was generated by using the thinner to clean out paint guns. W209 is the form code for “Organic paint, ink, lacquer or varnish.” W211 is the form code for "paint thinner or petroleum distillates." Code W211 should be used since the thinner is the material that is spent and being discarded. The paint is merely contained within the spent thinner.

• A single waste stream may have several waste codes. List all codes that apply.
  Example: An electroplating shop generates wastewater treatment sludge on a monthly basis. While F006 is the code for “Wastewater treatment sludges from electroplating operations,” the waste is also characteristic for corrosivity (D002) and chromium (D007). All three waste codes should be listed on the report form.
• If you generate a hazardous waste, manage it on-site and then generate a hazardous residual from this management, you generate two separate waste streams (the original hazardous waste and the hazardous residual) and you must complete two Hazardous Waste Generation and Management forms.