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Hazardous Waste - RCRA Subtitle C

The Resource Conservation and Recovery Act (RCRA) Subtitle C establishes a federal program to manage hazardous wastes from cradle to grave. The objective of the Subtitle C program is to ensure that hazardous waste is handled in a manner that protects human health and the environment. To this end, there are Subtitle C regulations for the generation; transportation; and treatment, storage or disposal of hazardous wastes. In practical terms, this means regulating a large number of hazardous waste handlers. The RCRA Subtitle C program also:

The Subtitle C program has resulted in perhaps the most comprehensive regulations EPA has ever developed. The regulations first identify the criteria to determine which solid wastes are hazardous, and then establish various requirements for the three categories of hazardous waste handlers: generators, transporters, and treatment, storage and disposal facilities (TSDFs). In addition, the Subtitle C regulations set technical standards for the design and safe operation of TSDFs. These standards are designed to minimize the release of hazardous waste into the environment. Furthermore, the regulations for TSDFs serve as a basis for developing and issuing the permits required by the Act for each facility. Permits are essential to making the Subtitle C regulatory program work, since it is through the permitting process that the EPA or state applies standards to TSDFs.

The RCRA Corrective Action program is a result of the 1984 Hazardous and Solid Waste Amendments (HSWA) passed by Congress. These amendments required the cleanup of contamination from improper waste management practices both prior and after the passage of RCRA. The statute requires responsible parties that are seeking a permit to treat, store or dispose of hazardous wastes to clean up environmental contaminants at their sites regardless of the time of release. EPA’s Corrective Action authority was substantially expanded by HSWA, allowing the Agency to address any releases of hazardous waste or hazardous waste constituents to all environmental media at both RCRA permitted and non-permitted facilities.

EPA Identification Numbers

All persons who generate, transport, treat, store, or dispose of hazardous waste and all persons who store recyclable materials prior to recycling them are required under the Resource Conservation and Recovery Act (RCRA) to notify EPA of their hazardous waste activities. The persons located in NJ and NY should notify their New Jersey Exit EPA disclaimer or New York Exit EPA disclaimer State agency if the State is authorized to operate its own hazardous waste program. These persons must obtain an EPA Identification Number unless their solid waste has been excluded from regulation or their hazardous waste has been exempt.

Identification and listing of hazardous waste can be found in CFR Title 40 - Protection of Environment Chapter I, Part 261.

An EPA Identification Number is issued based on the submitted RCRA Site Identification form (EPA Form 8700-12.)

If your business moves to another location, the operator or the owner must notify the State and EPA Regional Office of this change. Since your business has changed locations, a new EPA Identification Number will be assigned based on the new RCRA Site Identification form submittal.

RCRA requires anyone who owns or operates a facility where hazardous waste is treated, stored (depending on generator status and number of days stored), or disposed of to have a permit. To start the permitting process, the owner of the facility is required to submit a RCRA Hazardous Waste Part A Permit Application (EPA Form 8700-23). The submission of a revised application is required when modifying the hazardous waste permit.

For more information on all of the RCRA regulations governing hazardous waste identification, classification, generation, management and disposal visit EPA's Hazardous Waste Regulations website.

A completed notification form for each site located in New York, Puerto Rico and U.S. Virgin Islands, should be mailed to:

U.S. Environmental Protection Agency - Region 2
Clean Air and Sustainability Division
Hazardous Waste Programs Branch
290 Broadway, 22nd Floor
New York, NY 10007-1866
Attn.: RCRA Notifications

The forms sent by regular mail are generally processed within two weeks. A written Acknowledgment of the RCRA Site Identification form is sent within three weeks from the receipt date of the form. The forms sent to EPA by Express Mail Services are usually processed within 48 hours. The person is notified of the issued EPA ID number by telephone or email.

myRCRAid for electronic filing

The U.S. Environmental Protection Agency - Region 2 will begin accepting electronic submittals of the Site Identification form (EPA Form 8700-12) using the myRCRAid application through the Central Data Exchange (CDX) network as of May 1, 2017. Region 2 will process forms submitted for locations in New York, Puerto Rico and the U.S. Virgin Islands.

In the past, facilities have sent paper Site Identification Forms (EPA Form 8700-12) to their regulating agency (typically a State environmental agency) to notify of their hazardous waste activities regulated under RCRA Subtitle C. The regulating agency then entered the information from the Site Identification Form into the national hazardous waste database called RCRAInfo. Information regarding hazardous waste generators, treatment, storage, and disposal facilities, transporters, and other regulated activities is stored in this national database.

The Cross-Media Electronic Reporting Regulation (CROMERR) provides the legal framework for electronic reporting under all of the EPA's environmental regulations. The standards are designed to provide electronic submittals with the same level of legal dependability as the corresponding paper submittals. CROMERR has made it possible for EPA to implement an application, myRCRAid, that allows the facility to submit their Site Identification Form electronically.

The process, in general terms, is as follows:

Step 1 - A facility representative registers for myRCRAid through the Central Data Exchange (CDX)

Step 2 - The regulating agency approves the electronic signature for the facility representative.

Step 3 - Using the myRCRAid application via CDX, the facility representative selects facilities for which they have the authority to submit RCRA Subtitle C information.

Step 4 - The facility representative submits the Site Identification Form electronically to the regulating agency via myRCRAid.

Step 5 - The regulating agency reviews the submission and approves or rejects the submission. If the submission is approved, the information is loaded into RCRAInfo. If the submission is rejected, the facility representative must correct the information based on the comments provided by the regulating agency and re-submit the form.

A completed notification form for each site located in New Jersey should be mailed to:

NJ Department of Environmental Protection
Hazardous Waste Compliance & Enforcement
9 Ewing Street, 3rd Floor
Mail Code 09-03
P.O. Box 420
Trenton, NJ 08625-0420

There are two types of Identification Numbers being issued by EPA Region 2 and NJDEP:

A permanent number is issued to locations where hazardous waste is managed from ongoing operations. It is also issued to track universal waste and used oil activities.

A person may request to deactivate an EPA identification number when their operations have ceased or when hazardous waste disposals have been completed. Deactivation requests may be prepared in the form of a letter on company letterhead and mailed to the appropriate State or EPA Office listed as follows. The letter should contain the site name, location address and reason for the inactivation request.

New York, Puerto Rico, or U.S. Virgin Islands

U.S. Environmental Protection Agency - Region 2
Clean Air and Sustainability Division
Hazardous Waste Programs Branch
290 Broadway, 22nd Floor
New York, NY 10007-1866
Attn.: RCRA Notifications

New Jersey

NJ Department of Environmental Protection
Hazardous Waste Compliance & Enforcement 
9 Ewing Street, 3rd Floor     
Mail Code 09-03 
P.O. Box 420 
Trenton, NJ 08625-0420

You will be required to provide detailed information about the emergency situation:

    • site of spill/accident
    • responsible party
    • mailing address
    • description of incident,
    • materials involved and quantity
    • generator status
    • cleanup contractor
    • transporter name and the EPA ID number,
    • TSDF name and the EPA ID number

The emergency number will be assigned to you immediately and is valid for 30 days. Other Federal and State reporting requirements may apply in emergency situations. For example:

For additional information, contact:

Other Regulatory and Technical Assistance Information Related

Asbestos and Small Business Ombudsman Office -- 1-800-368-5888
Hazardous Waste Requirements for Large Quantity Generators
Fluorescent Lamp Disposal and Recycling in EPA Region 2
- A guide for businesses in NJ, NY, PR and VI (April 2007).
Regulation of Fluorescent Lamps in New York and New Jersey Exit EPA disclaimer
Regulation of Medical Waste in New York and New Jersey Exit EPA disclaimer Exit EPA disclaimer

Other Points of Interest

EPA Office of Solid Waste and Emergency Response 
EPA Wastes 
Issues for Industry
Issues for State/Tribal
Issues for Concerned Citizens 

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