Waste_Content Page_Notification of hazardous waste activities

Notification of hazardous waste activities

Activities and events related to the generation and management of hazardous waste may require advance notification to the Wisconsin Department of Natural Resources (DNR). Many of the activities require the use of form EPA 8700-12 to obtain an EPA ID number and to initially notify the DNR. Some activities require an additional notification or the use of alternative forms.

Activities requiring EPA identification numbers and initial notification

Businesses and facilities that generate or transport hazardous waste, or that own or operate a facility for the collection, treatment, storage or disposal of hazardous waste, are required to notify the DNR.

A small or large quantity generator may not treat, store, dispose of, transport or allow transportation of hazardous waste until it has received an EPA identification number from the DNR, another authorized state or the U.S. Environmental Protection Agency. Very small quantity generators that choose to manifest their hazardous wastes must also obtain an EPA ID number.

Other regulated waste activities that require EPA IDs and initial notification include:

  • universal waste handling and/or destination facilities management;
  • used oil transporting, processing/re-refining, burner and marketer activities;
  • academic lab hazardous waste management; and
  • household and very small quantity generator hazardous waste collection.

Facilities engaging in the activities above are required to obtain an EPA identification number, by submitting a notification and request on the EPA 8700-12 form.

Additional regulated waste activities requiring notification

The following activities or events require additional notification to the department on either the EPA 8700-12 form or using alternative DNR forms.

  • Closure of a LQG facility or central accumulation area
  • Collection of household and very small quantity generator hazardous waste
  • Episodic generation events, planned and unplanned
  • Extension requests for accumulation time limits
  • Hazardous Secondary Materials (HSM)
  • Re-notification of activity or change in generator status
  • VSQG to LQG consolidation of hazardous waste

The tabs below provide instructions on when and how to notify the DNR, what forms to use and additional resources.

EPA Form 8700-12

EPA’s 8700-12 Form is used to notify the DNR of waste activities and obtain an EPA ID number under s. NR 662.012, Wis. Adm. Code. A large or small quantity generator may not treat, store, dispose of, transport or offer for transportation hazardous waste until it has received an EPA identification number from the DNR, another authorized state or the U.S. Environmental Protection Agency. Very small quantity generators that choose to manifest their hazardous wastes must also obtain an EPA ID number.

There are two ways to prepare and submit the form: EPA’s MyRCRAid online application or a fillable form.

MyRCRAid online application

This option allows facilities to prepare and submit initial and subsequent notification forms electronically and requires a registration process that uses an electronic signature. Once the registration is complete, approval as a Wisconsin user is typically granted within one to three business days by receipt of a confirmation email. Once you have received this confirmation, the MyRCRAid application can be used to prepare and submit the 8700-12 form. Users of the MyRCRAid who are site managers can also view, create and electronically sign manifests in e-Manifest.

Fillable form option

The RCRA Subtitle C reporting instructions and forms contains the fillable 8700-12 form at the end of the document. Once the form is completed, print, sign and mail or email to the appropriate DNR regional environmental program associate.

Closure of a large quantity generator facility or central accumulation areas

When LQGs accumulate hazardous wastes in containers, tanks, drip pads or containment buildings, the waste accumulation units must ultimately be closed in a manner that is protective of human health and the environment.

In addition to meeting closure requirements, LQG facilities must notify the DNR before closing a facility or a waste accumulation unit using the federal EPA 8700-12 form. This notification must be made prior to the closing of the waste accumulation units or closure of the facility. In cases where a generator does not comply with the conditions for an exemption, the generator may have to comply with the more rigorous closure requirements of a licensed hazardous waste facility.

For more information, please refer to the guidance document Closure of LQG Hazardous Waste Accumulation Units and LQG Facilities (WA-1892).

Collection of household and very small quantity generator hazardous waste

In Wisconsin, the collection of household-generated hazardous waste and VSQG waste is regulated under ch. NR 666, subch. HH, Wis. Adm. Code, and applies to both temporary and permanent collection locations or events.

“Permanent collection facility" means a collection facility where household hazardous waste, VSQG waste, or both, is collected or stored for more than five consecutive days.

“Temporary collection facility" means a collection facility where household hazardous waste, VSQG waste, or both, is collected or stored for no more than five consecutive days.

The DNR defines temporary and permanent collection facilities differently than the Department of Agriculture, Trade and Consumer Protection's Clean Sweep Program. The DNR does not use the term "continuous collection" the same as DATCP. For DNR notification requirements, follow the definitions in s. NR 666.901, Wis. Adm. Code as described above.

For more information, including a definition of VSQG, visit the Definitions page.

All collection facilities must notify the DNR of their operations 30 days prior to the collection of household hazardous waste and VSQG hazardous waste.

  • Permanent facilities need to provide an initial notification (prior to operation) and a renotification when there are any significant changes to the operation, such as change in owner or change in types of waste accepted. Permanent facilities are also required to complete a hazardous waste annual report. For more information, see the Annual Report tab.
  • Temporary sites are encouraged to notify the DNR on an annual basis for any year an event will be held. The notification form can be used to capture all events planned for that year.

Prior to notifying the DNR using the form below, both temporary and permanent collection facilities must apply for an EPA ID number using the U.S. EPA form #8700-12. For instructions on how to obtain an EPA ID number, refer to the EPA Form 8700-12 section above.

Notification requirements

Notifications must include information on owner/operator, event manager and contractor; collector location; design and operational standards; waste types accepted; and waste management. Permanent collection facilities may also need to provide closure and financial responsibility information.

  • If the collection facility or event is accepting VSQG wastes, an image of a blank receipt form that the facility intends to use must be submitted with the notification. The receipt must include space to enter the VSQG's company name, street address, city and state; waste type and quantity; and waste acceptance date.
  • Owner/operators or event managers can choose which types of waste they plan to accept and are responsible for providing information to their community prior to and during the collection.

Notification form

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  2. Make a note of the file location and file name so you can access the file from your device.
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Notification of Activity for Household & Very Small Quantity Generator Hazardous Waste Collection Facility (Form 4430-020)

Episodic generation events - planned and unplanned

When VSQGs and SQGs notify and comply with specific requirements during an episodic hazardous waste generation event, they can maintain their existing generator category. An episodic event can occur only once per calendar year. Both planned and unplanned events requires notification to the DNR, which includes a description of the event and the hazardous wastes.

It is important to conduct the waste determination(s) prior to submitting a notification, to confirm the waste being generated is a hazardous waste.

Initial notification and EPA ID requirements

The facility must have or obtain an EPA ID number, and notify the DNR of the episodic event using EPA Form 8700-12, including the Episodic Generator Addendum. Notification requirements are also based on the type of event. Instructions for completing EPA Form 8700-12 are available above.

Facilities must notify the DNR of planned episodic events no later than 30 calendar days prior to initiating the planned event.

Facilities must notify the DNR of unplanned episodic events within 72 hours of the unplanned event. Initial notification may be via phone or email to meet the reporting timeframe with subsequent submittal of EPA Form 8700-12 to satisfy requirements.

When filling out EPA Form 8700-12, the facility notification for both planned and unplanned episodic events must include all the following information:

  • Start date and end date of the episodic event.
  • Reason(s) for the event.
  • Types and estimated quantities of hazardous waste expected to be generated from the episodic event.
  • Facility contact and emergency coordinator, with 24-hour telephone access for the duration of the event, to discuss the notification submittal or to respond to an emergency per s. NR 662.16(2)(i)1, Wis. Adm. Code.

If the exact day the event will end is unknown at the time of notification, the generator can notify using an end date that is 60 calendar days from the start of the event.

Waste management requirements

A facility must comply with the waste accumulation, on-site treatment, manifesting, shipping, disposal and recordkeeping requirements to maintain its existing generator category. Detailed information on episodic generation requirements can be found in DNR publication Episodic Generation of Hazardous Waste (WA-1872).

A fillable checklist is available through the DNR's Small Business Environmental Program and may assist with maintaining compliance during an episodic generation event.

Filing a second event petition

A facility can petition the DNR for a second episodic event in a calendar year. However, the second event must be unplanned if the first event was planned, and vice versa. Second event petition requirements are also based on the type of event.

To file a petition, complete and submit the Additional Episodic Event Petition (Form 4430-031).

Warning: Due to the fillable nature of these PDF forms, many current browsers will not open them properly.

  1. From a desktop or laptop computer, download the PDF form (right-click on the link, then select "Save link as" or "Save target as")
  2. Make a note of the file location and file name so you can access the file from your device.
  3. Do not double-click the file. Open the Adobe Reader software then select "File > Open" then browse to the PDF file you saved on your device. See PDF Help for additional information.

Failure to submit a petition for a second event, timely notification of an unplanned event and/or failure to gain approval before a planned event will result in the generator being regulated in the higher generator category according to total hazardous waste generation amounts.

Extension request for accumulation time limits

Wisconsin's hazardous waste regulations allow both LQGs and SQGs to request an accumulation time extension in the event of unforeseen, temporary or uncontrollable circumstances that prevent shipment of hazardous waste within the 90-day timeframe for LQGs or the 180-day timeframe for SQGs. An extension of up to 30 days may be granted at the discretion of the DNR on a case-by-case basis pursuant to ss. NR 662.016(4), NR 662.017(2) and NR 662.017(5), Wis. Adm. Code.

A request for an extension must be made before the expiration of the required time limit. Potential reasons for requesting an extension must be identified to submit a request (i.e., transporter unable to meet schedule shipping date, or scheduled facility unable to accept wastes due to facility backlog or closure). To request an extension, follow the link below to submit information to the DNR electronically.

If a 30-day extension request is granted but the hazardous waste shipment the extension was requested for cannot occur within the extended period, contact Hazardous Waste Program Coordinator Mike Ellenbecker to discuss the regulatory requirements.

Hazardous waste accumulation time based on transport distance

Wisconsin's hazardous waste regulations allow SQGs to accumulate hazardous waste onsite for 180 days or less without a permit, provided they comply with the accumulation conditions described in s. NR 662.016(2), Wis. Adm. Code. However, if a SQG needs to transport their hazardous waste 200 miles or more for off-site treatment, storage or disposal, they can use the self-implementing provision in s. NR 262.016(3), Wis. Adm. Code to accumulate hazardous waste up to 270 days. It is recommended that facilities operating under this allowance retain documentation regarding the implementation of this provision.

Hazardous Secondary Materials

Hazardous secondary materials are generated across a wide variety of business, manufacturing, and institutional sectors. Over the past 15 years, the U.S. EPA has developed federal regulations commonly referred to as “Definition of Solid Waste” (DSW) regulations to encourage reclamation and recycling of HSMs in a way that does not result in increased risk to human health and the environment.

The HSM exclusions do not affect or replace any existing exclusion, exemption, or determination. Facilities may have the option to manage certain hazardous wastes as a hazardous secondary material under the HSM exclusions. These HSM exclusions are located at ss. NR 661.0004(1)(w), (x) and (za), Wis. Adm. Code.

Hazardous waste that is otherwise subject to material-specific management conditions under s. NR 661.0004(1), Wis. Adm. Code, when reclaimed will not fall under HSM exclusions (e.g., lead acid batteries being recycled must be managed under ss. NR 666.80 or 673.02, Wis. Adm. Code).

If the receiving (or transfer) state has not adopted the HSM exclusions, then the HSM is subject to the hazardous waste requirements of the receiving state (e.g., manifesting requirements) when the HSM crosses the border into that state.

When all conditions of the HSM exclusion are met, then the HSM that is legitimately reclaimed is not solid waste and therefore is not a hazardous waste. If any of the conditions of the exclusion are not met, then the HSM is considered a solid waste and thus a hazardous waste and is therefore subject are subject to full Subtitle C regulation under the federal Resource and Conservation Recovery Act, including all applicable requirements of chapters NR 660 to 679, Wis. Adm. Code.

The following HSMs are eligible for conditional exclusion:

  • An HSM that is generated and legitimately reclaimed within the United States (U.S.) or its territories and under the control of the generator. This is also known as the Generator-based Exclusion in s. NR 661.0004(1)(w), Wis. Adm. Code.
  • An HSM that is generated and then transferred to a facility for the purpose of reclamation. This is known as the Transfer-based Exclusion in s. NR 661.0004(1)(x), Wis. Adm. Code.
  • An HSM that is generated and then transferred to another person for the purpose of remanufacturing. This is known as the Remanufacturing Exclusion in s. NR 661.0004(1)(za), Wis. Adm. Code.

initial notification and EPA id requirements

The facility must have or obtain an EPA ID number and notify the DNR of the consolidation activity using EPA Form 8700-12, including the Site Identification Form for Managing Hazardous Secondary Material Addendum. Instructions for completing EPA Form 8700-12 are available above.

Re-notification of activity or change in generator status

Small and large quantity generators, licensed hazardous waste treatment, storage and disposal facilities and other waste facilities and operators must notify the DNR of their hazardous waste activity and obtain an EPA Identification number. Re-notification using the 8700-12 form is required when a facility changes generator status or changes activities.

Additionally, LQG and SQG facilities are required to re-notify the DNR by March 1 of every even-numbered year. Facilities can meet this requirement by certifying and submitting their annual report to the DNR.

VSQG to LQG consolidation of hazardous waste

Provided certain conditions are met, VSQGs may send their hazardous waste to an LQG that is under the control of the same person and consolidate it at the LQG facility before sending it on to management at a RCRA-designated facility. In some situations, entities in industry, government and academia may have satellite locations that qualify as VSQGs and that could take advantage of this provision to send their materials to an LQG within their organization and ultimately manage their hazardous waste in a more environmentally sound manner than it might be managed as an exempt waste.

For more information on VSQG to LQG consolidation, refer to:

initial notification and EPA id requirements

The LQG facility must have or obtain an EPA ID number and notify the DNR of the consolidation activity using EPA Form 8700-12, including the LQG Consolidation of VSQGs Hazardous Waste Addendum. Instructions for completing EPA Form 8700-12 are available above.