Epa Form 8700 12 – Fill Out and Use This PDF

United States

Environmental Protection

Agency

December 2011

Notification of

RCRA Subtitle C

Activity

Instructions and Form

EPA Form 8700-12

(OMB #2050-0024; Expires 12/31/2014)

Office of Resource Conservation and Recovery (ORCR) (5303P)

Washington, DC 20460

Notification of Subtitle C Activity

Instructions and Form

Section 3010 of Subtitle C of Resource Conservation and Recovery Act (RCRA) requires any person who generates, transports, or recycles regulated wastes or who owns or operates a facility for the treatment, storage, or disposal of regulated wastes to notify EPA of their activities, including the location and general description of the activities and the regulated wastes handled. Respondents must submit the information required in the Notification of Subtitle C Activity Instructions and Form booklet by completing the RCRA Subtitle C Site Identification Form [EPA Form 8700-12]. As required by statue, EPA promulgated regulations to implement these notification requirements at 40 CFR Parts 260, 261, 262, 263, 264, 265, 266, 270, 273, and 279. EPA needs this information to determine the universe of persons who generate, handle, and manage these regulated wastes; assign EPA Identification Numbers; and ensure that these regulated wastes are managed in a way that protects human health and the environment as required by RCRA. This is mandatory reporting by the respondents.

EPA enters notification information submitted by respondents into RCRAInfo, the EPA national database, and assigns EPA Identification Numbers. EPA uses this information to identify the universe of regulated waste generators, handlers, and managers and their specific regulated waste activities. EPA also uses the information for tracking and for a variety of enforcement and inspection purposes. Finally, EPA uses this information to ensure that regulated waste is managed properly, that statutory provisions are upheld, and that regulations are adhered to by facility owners or operators.

Section 3007(b) or RCRA and 40 CFR Part 2, Subpart B, which defines EPA’s general policy on public disclosure of information, both contain provisions for confidentiality. However, the Agency does not anticipate that businesses will assert a claim of confidentiality covering all or part of the Notification or Subtitle C Activity. If such a claim were asserted, EPA must and will treat the information in accordance with the regulations cited above. EPA also will assure that this information collection complies with the Privacy Act of 1974 and OMB Circular 108.

Estimated Burden: The annual public reporting and recordkeeping burden for the Notification of Regulated Waste Activity is estimated to average 2 hours per response for the initial notification, and 1 hour per response for any subsequent notifications.

To comment on EPA 's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-RCRA-2011-0280, which is available for online viewing at www.regulations.gov, or in person viewing at the RCRA Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Avenue, NW, Washington, D.C. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566-1744, and the telephone number for the RCRA Docket is (202) 566-0270. An electronic version of the public docket is available at www.regulations.gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select “search,” then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-RCRA-2011-0280 and OMB Control Number 2050-0024 in any correspondence.

Table of Contents

THE NOTIFICATION OF RCRA SUBTITLE C ACTIVITIES	1
Introduction	1
What’s New	1
Where To Get Help	2
Initial Notifications	3
Subsequent Notifications	4
DETERMINING IF YOU MUST NOTIFY	5
How to Determine if You Must Notify EPA of Your RCRA Subtitle C Activities	5
How to Determine if You Must Notify EPA of Your Universal Waste Activities	6
How to Determine if You Must Notify EPA of Your Used Oil Management Activities	7
Who is Exempt From Used Oil Notification Requirements?	7
How to Determine if You Must Notify EPA of Your Subpart K Laboratory Hazardous Waste
Activities	8
How to Determine if You Must Notify EPA of Your Hazardous Secondary Material Activities
.....................................................................................................................................................	8
How Many Forms Should I File?	8
Can I Request That This Information Be Kept Confidential?	9
Where Should I Send My Completed Form?	9
Item-by-Item Instructions for Notification of RCRA Subtitle C Activity Using the RCRA
Subtitle C Site Identification Form	9
INSTRUCTIONS FOR FILLING OUT THE RCRA SUBTITLE C SITE
IDENTIFICATION (SITE ID) FORM	10
Who Must Submit This Form	10
Purpose Of This Form	10
How To Fill Out This Form	10
Item-By-Item Instructions	12
Item 1 – Reason for Submittal	12
Item 2 – Site EPA ID Number	13
Item 3 and 4 – Site Name and Location	14
Item 5 – Site Land Type	14
Item 6 – North American Industry Classification System (NAICS) Code(s)	14
Item 7 – Site Mailing Address	14
Item 8 – Site Contact Person	15
Item 9 – Legal Owner and Operator of the Site	15
Item 10 – Type of Regulated Waste Activity	17
Item 11 – Description of Hazardous Wastes	24
Item 12 – Notification of Hazardous Secondary Material (HSM) Activity	24
Item 13 – Comments	25
Item 14 – Certification	25

ADDENDUM TO THE SITE IDENTIFICATION FORM: NOTIFICATION OF
HAZARDOUS SECONDARY MATERIAL ACTIVITY		26
You Must Fill Out This Section If		26
Item 1	– Indicate Reason for Notification	26
Item 2	– Description of Hazardous Secondary Material (HSM) Activity	27
Item 3	– Facility has Financial Assurance Pursuant to 40 CFR 261 Subpart H	30
OTHER REFERENCE INFORMATION AND CODE LISTS		31
Excluded Wastes		32
Definitions		33
EPA Hazardous Waste Codes		42
HSM Facility Codes		43
HSM Land-Based Unit Codes		44

The Notification of RCRA Subtitle C Activities

(continued)

3.Revised note for Treater, Storer, or Disposer of Hazardous Waste The note under Box 10.A.6 in the Site ID form now reads “Note: A hazardous waste Part B permit is required for these activities.”

Where To Get Help

We realize that the regulations are complex. Although we are not providing reprints of the 40 CFR regulations in this booklet, copies of the Federal regulations are available from EPA (see below). We have listed the addresses and phone numbers of the contacts in each State who can answer your questions and help you understand the Federal and State requirements that apply to you. This contact list is located at: http://www.epa.gov/osw/inforesources/data/form8700/contact.pdf.

In addition to these contacts, there are several other sources available to help with your questions and provide information on EPA regulations:

RCRA Frequently Asked Questions. This allows users to find answers to commonly asked questions that cover a wide range of RCRA issues and topics. Find at: http://waste.supportportal.com/ics/support/default.asp?deptID=23023.

RCRA Online. The RCRA Online database is designed to enable users to locate documents, including publications and other outreach materials that cover a wide range of RCRA issues and topics. Find at: http://www.epa.gov/rcraonline.

RCRA Regulations. The Federal regulations can be found at: http://www.gpo.gov/fdsys/.

Compliance Assistance Centers. The Environmental Protection Agency (EPA) has sponsored partnerships with industry, academic institutions, environmental groups, and other agencies to launch sector-specific Compliance Assistance Centers (Centers). Each Center addresses real world issues in understandable language for you to understand Federal environmental requirements and how to save money through pollution prevention techniques. Visit the Compliance Assistance Centers at: http://www.assistancecenters.net.

EPA National Compliance Assistance Clearinghouse. The Compliance Assistance Clearinghouse is a comprehensive source of compliance assistance information and resources. Use links to Federal, State, local, and other compliance assistance providers to find the tools you need. Visit the Compliance Assistance Clearinghouse at: http://www.epa.gov/compliance/assistance/index.html.

EPA Small Business Ombudsman Office – 1-800-368-5888.

Your Trade Association

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The Notification of RCRA Subtitle C Activities

(continued)

Initial Notifications

If you do not currently have an EPA Identification Number and you handle regulated waste or hazardous secondary material, you must submit an initial notification. Please refer to information contained in pages 4-7 of this booklet to help you determine whether you handle a regulated waste, whether any exemptions or exclusions apply to you, and how you should file the Notification of RCRA Subtitle C Activity. Circumstances under which you should submit an initial notification include:

1.If you generate, transport, treat, store, or dispose of hazardous waste. Refer to pages 4-5 for further information and a description of exclusions or exemptions; or

2.If you recycle hazardous wastes. (Recyclable materials are defined as hazardous wastes that are recycled). The recycling process itself is exempt from regulation, but you must notify EPA and obtain an EPA Identification Number prior to recycling recyclable materials. Refer to pages 4-5 for further information and a description of exemptions; or

3.If you are a large quantity handler of universal waste. Refer to page 5 for further information and a description of exemptions. (Notification is required for people who have not previously notified EPA of their hazardous waste activities or who have not already sent a notification to EPA as required by 40 CFR Part 273.32); or

4.If you transport, process, or re-refine used oil; burn off-specification used oil for energy recovery; or market used oil. Refer to page 6 for further information and for a description of exemptions. (Notification is required for people who have not previously notified EPA of their hazardous waste activities or have not notified under 40 CFR Part 279 or under 40 CFR Part 266, Subpart E, which was replaced by 40 CFR Part 279.)

5.If you are an eligible academic entity opting into 40 CFR Part 262 Subpart K for managing laboratory hazardous wastes AND you have never before submitted site identification information, you must submit this form to notify the appropriate State or EPA Regional Office of your activities. Note: You must check with your State to determine if you are eligible to manage laboratory hazardous waste pursuant to 40 CFR Part 262 Subpart K in order for you to notify.

6.If you will begin managing hazardous secondary material under 40 CFR 261.2(a)(2)(ii), 40 CFR 261.4(a)(23), (24), or (25) you must submit this form, pursuant to 40 CFR 260.42, to notify the appropriate State or EPA Regional Office of your activities. Note: You must check with your State to determine if you are eligible to manage hazardous secondary material under these exclusions in order for you to notify.

7.If your business moves to another location and you are still conducting activities regulated under Subtitle C.

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The Notification of RCRA Subtitle C Activities

(continued)

Subsequent Notifications

Even if you have submitted an initial notification and have received an EPA Identification Number, you may be required to submit a subsequent notification. Please refer to pages 4-8 of this booklet for information on when and how to complete a subsequent notification. In general, you should submit a subsequent notification under the following circumstances:

1.If the contact for your site changes.

2.If the ownership of your site changes.

3.If an additional owner has been added or replaced since you submitted your last notification.

4.If the type of RCRA Subtitle C activity you conduct changes.

5.If you have previously submitted site identification information and are an eligible academic entity opting into or withdrawing from 40 CFR Part 262 Subpart K for managing laboratory hazardous wastes, you must use this form. Note: You must check with your State to determine if you are eligible to manage laboratory hazardous waste pursuant to 40 CFR Part 262 Subpart K in order for you to notify.

6.If you are managing or will stop managing hazardous secondary material under 40 CFR 261.2(a)(2)(ii), 40 CFR 261.4(a)(23), (24), or (25), you are required to re-notify by March 1 of each even-numbered year pursuant to CFR 260.42.

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Determining if You Must Notify

(continued)

not excluded from regulation, you need to determine if it is a hazardous waste that EPA regulates. EPA regulates a solid waste as hazardous waste in two ways:

By specifically listing the solid waste as a hazardous waste and assigning it a unique EPA Hazardous Waste Code Number; or

By regulating it because it possesses any of four hazardous waste characteristics and assigning it a generic EPA Hazardous Waste Code Number.

C.Is My Solid Waste Specifically Listed as a Hazardous Waste?

Parts 261.30 through 261.33 identify certain solid wastes that EPA has specifically listed as hazardous. Persons who handle listed hazardous waste are subject to regulation and must notify EPA of their hazardous waste activities unless they are exempted as discussed below. Refer to these regulations to see if your solid waste is included as a “listed hazardous waste.” If you are handling a newly regulated hazardous waste and have already notified EPA prior to that hazardous waste being regulated and already have an EPA Identification Number, you do not need to submit a subsequent notification for that newly regulated hazardous waste.

D.Does My Solid Waste Possess a Hazardous Characteristic?

Even if your solid waste is not specifically listed as a hazardous waste, it may still be hazardous because it exhibits certain hazardous characteristics. These characteristics are:

Ignitability

Corrosivity

Reactivity

Toxicity

Parts 261.20 through 261.24 explain each of the characteristics and outline the testing procedures you should use to determine if your solid waste meets these characteristics. Persons who handle characteristic hazardous waste that is regulated must notify EPA of their activities unless they are exempted, as discussed below. If you are handling a newly regulated hazardous waste and have already notified EPA prior to that hazardous waste being regulated and already have an EPA Identification Number, you do not need to submit a subsequent notification for that newly regulated hazardous waste.

E.Has My Hazardous Waste Been Exempted from the Regulations under Parts 261.5 and 261.6(a)(3)?

Parts 261.5 and 261.6(a)(3) list certain hazardous wastes that are not subject to RCRA regulation. If the hazardous waste that you handle has been exempted, then you do not need to notify EPA for that hazardous waste.

How to Determine if You Must Notify EPA of Your Universal Waste Activities

Under 40 CFR Part 273, Subpart C, Large Quantity Handlers of Universal Waste (LQHUW) who accumulate a total of 5,000 kilograms or more of universal wastes at any time are required to notify EPA (or their State agency if the State is authorized to operate its own universal waste program) of their universal waste activities and obtain an EPA Identification Number, unless they have previously notified EPA of their hazardous waste activities. Large Quantity Handlers of Universal Waste must notify EPA of their universal waste activities and obtain an EPA Identification Number before meeting or exceeding the

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