Tuesday, March 1, 2022, is the deadline to submit your Annual Hazardous Waste Report to the New York State Department of Conservation (NYSDEC). Each calendar year, a Hazardous Waste Report must be submitted by Large Quantity Generators (LQGs) and treatment, storage and/or disposal facilities in New York State.
WHO NEEDS TO FILE?
Generators of hazardous wastes and facilities that handle hazardous wastes are required to submit an Annual Report if any one of the following criteria applies:
- If you are a Large Quantity Generator (LQG) in any singular calendar month: Generated 1,000 kg (2,200 lbs) or more of hazardous waste; or accumulated at any time more than 1 kg (2.2 lbs.) of acute hazardous waste; or generated more than 100 kg (220 lbs.) of spill clean-up material contaminated with acute hazardous waste.
- Treated, stored or disposed of hazardous waste on-site during the previous calendar year; or
- Generated 15 tons or greater of hazardous waste or hazardous wastewater. Only universal waste is exempt from this requirement. No other exemptions or exclusions to annual hazardous waste reporting can be applied when calculating this tonnage.
The Annual Hazardous Waste Report is required under 6 NYCRR (New York Codes, Rules and Regulations) Parts 372, 373 and 483. It also satisfies United States Environmental Protection Agency (USEPA) requirements and federal provisions in Sections 3002 and 3007 of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA). The USEPA uses data for planning and developing regulations, compliance monitoring, and enforcement to determine whether its regulations are having the desired effect on the generation and management of hazardous waste. Some State uses of data include support of planning and fee assessment.
WASTES TO INCLUDE IN YOUR REPORT:
You only need to include waste that is considered hazardous in the State of New York in your report, including RCRA hazardous waste and polychlorinated biphenyl (PCB) waste defined in 6 NYCRR Part 371.
You should include the following in your report:
- Hazardous waste from production/manufacturing processes, service activities, equipment maintenance or decommissioning activities, retail locations, spill cleanups, or remedial activities.
- Hazardous waste being generated as part of a one-time cleanup activity.
- Hazardous waste shipped to or received from a foreign country.
- All hazardous wastewaters including wastewater treated in a totally enclosed wastewater treatment unit or elementary neutralization unit. Be certain that the wastewater is considered hazardous before entering your treatment process.
You should not include non-hazardous waste or waste that is only hazardous in another State. If you are uncertain if your waste meets the definition of being hazardous in New York, you may contact DEC by email at firstname.lastname@example.org.
As of January 2021, the vendor that previously supported electronic reporting for hazardous waste annual reports for DEC has ceased operation. DEC has transitioned to EPA’s RCRAInfo system for electronic submissions of hazardous waste annual reports. Facilities located in New York State who wish to submit their annual report online will need to use the Annual and Biennial Report modules in RCRAInfo (you are an “industry user”). The Biennial Report module should be used for reporting activities conducted in odd-numbered years (2021).
Need assistance with filing? Walden is experienced in guiding clients through the Hazardous Waste Reports process and can help your facility stay in compliance with the NYSDEC hazardous waste reporting requirements. If you have any questions or concerns with the new forms, please call one of our engineers who specializes in waste management at 516-588-6859.