New York RCRA Hazardous Waste Reporting

In New York, hazardous waste is regulated by the New York State Department of Environmental Conservation (DEC). Federally, the Resource Conservation and Recovery Act (RCRA) governs the management of hazardous and non-hazardous solid waste. Compliance with RCRA in New York is critical to protecting public health and preserving the environment. Facilities in New York generating hazardous waste must follow both federal and state regulations. State regulations in New York are more stringent than federal regulations, including more frequent reporting, state-specific waste designations, and stricter waste management standards. Regulating hazardous waste from generation through disposal provides “cradle to grave” tracking of waste in a way that minimizes environmental contamination and reduces risks associated with improper waste management.

Understanding New York Hazardous Waste / RCRA Reporting Requirements

Who Needs to Report?

In New York, all generators that are considered Large Quantity Generators (LQG) during any part of the year, Treatment, Storage, and Disposal Facilities (TSDFs), or generated over 15 tons of hazardous waste are required to report annually. A LQG is a facility that:

• Generates 2,200 lbs or more of hazardous waste in a single month, or
  
• Generated or accumulated more than 2.2 lbs of acute hazardous waste in a single month, or
  
• Generated more than 220 lbs of acute hazardous waste spill residue or soil
  

Facilities that engaged in the following activities must also report biennially:

• Treated, stored, or disposed of RCRA hazardous waste on-site in a waste management unit subject to RCRA permitting requirements
• Generated 15 tons or more of hazardous waste or hazardous wastewater (not including universal waste)

State-Listed Hazardous Waste in New York 

New York regulates Polychlorinated Biphenyls (PCBs) as hazardous waste (these waste may also be subject to EPA’s Toxic Substances Control Act [TSCA], depending on definition). These wastes are subject to the full hazardous waste regulations, including counting toward generator status, storage, reporting, and manifest regulations. They include:

• B001: PCB Oil from transformers, capacitors, etc.
• B002: Petroleum oil or other liquid containing 50 ppm or greater of PCBs but less than 500 ppm PCBs. Includes oil from electrical equipment whose PCB concentration is unknown
• B003: Petroleum oil or other liquid containing 500 ppm or greater of PCBs
• B004: PCB articles containing 50 ppm or greater of PCB’s but less than 500 ppm PCB’s, excluding small capacitors
• B005: PCB articles, other than transformers, that contain 500 ppm or greater of PCBs, excluding small capacitors
  
• B006: PCB transformers (defined as any transformer that contains 500 ppm or greater of PCBs
  
• B007: Other PCB wastes, including contaminated soil solids, sludges, clothing, rags, and dredge material

A full list of New York  hazardous waste codes can be found here 

New York maintains four unique codes for manifesting that are not designated for being a State Waste, but are unique to the State. New York requires that generators add within the Waste Code section of the Uniform Hazardous Waste Manifest (UHWM) (Section 13) one of the following codes if the TSDF is not providing a Management Method Code in advance of shipment. The codes are to indicate what the ultimate disposal of the waste will be:

• L = Landfill (if the TSDF will utilize H141, this code is presumed to be utilized)
• B = Incineration, heat recovery, burning
• T = Chemical, physical, or biological treatment
• R = Material recovery of more than 75 percent of the total material

New York Generator Statuses and Requirements

Note: DEC has published a memo for its staff detailing that if generators document the weight of their containers apart from the actual weight of the waste when calculating generator status threshold. This could help generators stay below higher status threshold, however, it does require more thorough tracking (i.e. documentation of the weight of a drum prior to the waste in it, so that the waste’s weight minus the drum’s weight is utilized rather than what is listed on the manifest). As such, generators whose waste programs are not as well developed, may simply want to rely on the total weight for their calculations on generator status.

Source: Here see, Counting of Container & Packaging Weights pdf

Very Small Quantity Generators (VSQG) Requirements

VSQGs generate less than 220 lbs of hazardous waste and less than 2.2 lbs of acutely hazardous waste per month. In New York, VSQGs are still referred to by the old generator status name of Conditionally Exempt Small Quantity Generator (CESQG); as such, they will be referred to as CESQG throughout the rest of this document. CESQGs are exempt from full regulations, including reporting requirements. However, CESQGs must still take steps to ensure compliance, including:

• Waste determination
• Ensure storage does not exceed 2,200 lbs of hazardous waste on-site at any time
• Store hazardous waste in appropriate containers
• Manage waste to minimize risk to human health
• Keep documents relating to waste determination and shipments

Small Quantity Generator (SQG) Requirements

SQGs generate between 220 and 2,200 lbs of hazardous waste and less than 2.2 lbs of acutely hazardous waste per month. SQGs are exempt from the annual reporting requirements. SQGs must still take steps to ensure compliance, including:

• Register with the EPA using RCRA Subtitle C Site Identification form (EPA Form 8700-12 through MyRCRAid) to obtain an EPA number
  
  • Renotify the EPA every 4 years by submitting EPA form 8700-12 by September 1. First submissions were due September 2021, and now every 4 years after (i.e. 2025, 2029 and so forth)
    
• Waste determination: keep detailed records of how waste determinations are made
  
• Ensure storage does not exceed 13,200 lbs or occur for longer than 180 days (or 270 days if the only TSDF is 200 miles or more miles away)
  
• Store hazardous waste in appropriate containers
  
  • Conduct weekly inspections of tanks and storage containers
    
  • Use the words “hazardous waste” on all storage containers and a visual reference of the waste’s hazard(s)
    
  • Label containers with accumulation start dates
    
  • Note: If the SQG is storing liquid hazardous waste and is located over a sole source aquifer may be subject to more stringent storage requirements
    
• Post emergency contact information and procedures for spill responses
  
• Provide basic training for employees handling hazardous waste
  
• Name an emergency coordinator who is available 24 hours a day to respond to emergencies
  
• Only use permitted TSDFs
  
• Use Uniform Hazardous Waste Manifests (UHWM) for waste shipments via the e-Manifest system
  
  • Provide Land Disposal Restrictions (LDR) for each waste shipment that will be disposed of in a land-based unit
    
• Maintain all records for a minimum of 3 years
  
• Submit quarterly fee for wastes disposed exceeding 1 ton
  
• Starting January 22, 2025: register in RCRAInfo and maintain an account to access the federal e-Manifest system
  

Large Quantity Generator (LQG) Requirements

LQGs generate more than 2,200 lbs of hazardous waste or or more than 2.2 lbs per month of acutely hazardous waste. LQGs must complete annual reporting in New York and biennial reporting federally. In addition to reporting requirements, LQGs must:

• Register with the EPA using RCRA Subtitle C Site Identification form (EPA Form 8700-12 through MyRCRAid) to obtain an EPA ID number
• Waste determination: Keep detailed records of how waste determinations are made
• Not store waste on-site for more than 90 days without a permit
• Store hazardous waste in appropriate containers
  • Must conduct weekly inspections of tanks and storage areas
  • Use the words “hazardous waste” on all storage containers and a visual reference of the waste’s hazard(s)
  • Label containers with accumulation start dates
• Use the UHWM for all waste shipments via the EPA eManifest System
  • Submit a LDR Notification with each waste shipment that will be disposed of in a land-based unit
• Develop a waste minimization plan
• Develop and maintain a contingency plan addressing emergency response procedure
  • Provide copies to local emergency responders and document arrangements with those emergency responders
  • Develop a Quick Reference Guide (QRG)
• Provide formal training to all employees on hazardous waste handling and emergency response within 6 months of hire
• Conduct annual refresher training
• Submit quarterly fee for wastes disposed exceeding 1 ton
• Submit annual hazardous waste report by March 1 each year
• Maintain all records for a minimum of 3 years

Examples of Facilities Subject to Waste Reporting

The following are examples of common facilities in New York and the wastes generated that would likely trigger the need to submit hazardous waste reports:

• Dry cleaning: distillation residues, spent filter cartridges, cooked power residues, spent solvents
• Furniture manufacturing and refinishing: ignitable wastes, toxic waste, solvent wastes, paint wastes
• Laboratories: spent solvents, unused reagents, reaction products, testing samples
• Automotive maintenance shops: acids and bases, solvents, ignitable wastes, paint wastes, spent rags and wipes, used oil and oil filters, airbag inflators
• Pesticide application services: used pesticides, solvent wastes, ignitable wastes, contaminated soils, empty containers 
• Photo processing facilities: acid reagents, dichromate-based and system cleaners, photographic activators, corrosive wastes, silver 
• Leather manufacturers: acids and bases, ignitable wastes, toxic wastes, solvent wastes, unused chemicals, wastewater, suspended solids, alcohols

Hazardous Waste Manifest Requirements for New York Facilities

All shipments of hazardous waste must use hazardous waste manifests for waste shipments. All shipments must use the federal Uniform Hazardous Waste Manifest (EPA Form 8700-22, or UHWM)

• Waste manifests must include:
  • Generator information including name, address, and EPA ID
  • Transporter details including ID numbers and U.S. DOT descriptions
  • TSDF information including name, address, and EPA ID
  • Waste descriptions
    • Name, hazard class, EPA waste codes, quantities, and management methods 
  • Signatures from generators, transporters, and final receiving facilities
  • Emergency response numbers and emergency spill cleanup procedures 

For Generators:

• New York requires the use of the federal e-Manifest system for the submission and tracking of manifests
  • If paper manifests are used, TSDFs upload the final copy to the e-Manifest system. Generators must be registered with the e-Manifest system and able to access electronic manifests during inspections. Starting January 22, 2025, federal regulations will require all SQGs and LQGs to register for the e-Manifest system
  • Paper copies must be stored for at least 3 years
  • Prior to the advent of the federal e-Manifest system, New York mandated copies of paper manifests be sent to the state. New York maintains records of all of these manifests from 1980 through 2006 at the following website here.

• Exception reporting updates starting January 22, 2025:
  • If a signed copy of the final manifest has not been submitted to e-Manifest within 45 days of acceptance, LQGs must inquire with the TSDF on the status of the waste
  • If a signed copy has not been submitted within 60 days, LQGs and SQGs must submit an exception report with DEC and EPA
    • SQGs will no longer be required to contact the transporter or designated facility about missing shipments, but DEC encourages SQGs to contact them anyway
    • Starting December 1, 2025, exception reports must be submitted electronically through e-Manifest 

For Treatment, Storage, and Disposal Facilities:  

• The UHWM must accompany waste throughout its shipment and treatment process.
• Must upload a copy of the signed final manifest to e-Manifest within 35 days. 
  • Generators can access final manifests through RCRAInfo.
• Must maintain copies of manifests for a minimum of 3 years.
• Unmanifested Waste Reports: If a TSDF accepts hazardous waste without a manifest, a report must be submitted to DEC within 10 days (or 15 days for rail/water receipt) of accepting the waste. This report includes information about the facility, the waste type and quantity, method of treatment, storage, and disposal, and an explanation of why the waste was unmanifested. A facility that chooses to reject unmanifested waste must also file an unmanifested waste report. By December 1, 2025, unmanifested waste reports must be submitted into e-Manifest within 20 days of accepting the waste.
• Discrepancy Reports: If a TSDF operator determines a discrepancy in quantities or types of waste, they must first attempt to resolve it with the generator within 15 days of the incident. If it is not resolved within 15 days, TSDFs must submit a report to DEC detailing the discrepancy, copies of waste manifests, and attempts to resolve the issue.  By December 1, 2025, discrepancy reports must be submitted into eManifest within 20 days of the incident

Common Manifest Errors

• Missing information: including EPA ID numbers, container counts, and waste codes
• Inaccurate information: Transposed numbers, incorrect dates, incorrect units of measure for waste quantities
• Incorrect waste codes
• Failure to include LDRs when needed
• Failure to maintain copies: final manifests must be maintained as paper or electronic copies in the e-Manifest system. Facilities may be required to provide copies of manifests during inspections or demonstrate the ability to access the federal e-Manifest system
  • Starting January 22, 2025, all SQGs and LQGs will be required to register with the federal e-Manifest system

New York Electronic Waste Reporting System (RCRAInfo)

Overview of RCRAInfo

In New York, the RCRAInfo system serves as the primary platform for submitting annual and biennial hazardous waste reports. This electronic system streamlines reporting by enabling facilities to accurately track hazardous waste generation, storage, and management. RCRAInfo’s standardized format simplifies compliance and reduces errors, while electronic submissions improve efficiency and provide real-time access to critical data for regulatory oversight and emergency planning.

How to Submit a Hazardous Waste Report in RCRAInfo

Here are the key steps for using RCRAInfo Online Reporting system:

• Go to  RCRAInfo and either create a new account or sign in with your existing credentials. 
• Access the reporting module based on the reporting year:
  • Odd-numbered years: Use the Annual Report Module
  • Even-numbered years: Use the Biennial Report Module
• Compile hazardous waste data including waste type, quantities generated, handling methods, shipments, and details about disposal facilities 
• Complete the necessary forms (Federal Form 8700-12, 8700-13 a/b)
  • Site ID Form: provides contact information and a summary of waste activities for the previous year. This form is required for all facilities, regardless of generator status.
  • Off-site Identification (OI) Form: this form must be submitted for all off-site receiving facilities that:
    • Shipped away waste that was on a UHM
    • Generated special waste, regardless of generator status
    • Received waste from off-site
  • Generation and Management (GM) Form for each waste stream: describes waste streams generated and how the waste is managed. 
    • Provide federal waste codes, source codes, management methods, waste minimization codes, and waste quantities for each
  • Waste Received (WR) Form: details about wastes received from off-site sources
• Review and submit your waste reports
• There are no fees associated with submitting biennial reports in New York

Deadlines, Timelines RCRA Reporting Frequency

Annual Reporting Deadline

Annual reports are due to RCRAInfo each year by March 1st. 

Additional Reporting Requirements (additional waste reports)

Quarterly Fee: Hazardous Waste generators in New York are required to quarterly file a Special Assessment fee with the New York Department of Taxation and Finance based upon the disposal of hazardous waste within the quarter. Fees are required as follows:

• 1st Quarter: April 20th
• 2nd Quarter: July 20th
• 3rd Quarter: October 20th
• 4th Quarter: January 20th

The fee applies only to generators that exceeded 1 ton of waste (note: DEC waives any fee of less than $27 which comes to approximately 1 ton); this would exempt CESQGs (unless they had an episodic event that moved them up). If the 1 ton amount is exceeded, wastes are broken up by Management Method Code (see New York State Waste Codes above) to determine the total fee amount. This Special Assessment report is a hardcopy form submitted with the payment and can be found here: https://www.tax.ny.gov/forms/hazardous_waste.htm
Episodic generation: New York has not adopted the federal Hazardous Waste Generator Improvements Rule. New York does not allow for episodic generation events, meaning any increase in generation that causes a generator to exceed its generator category will require an updated EPA Form 8700-12 to be filed with DEC in RCRAinfo.

Tips for Effective RCRA Reporting

Maintain Continuous Records

• Implement a centralized digital storage system to securely manage and organize essential documents and records, ensuring easy access during compliance audits, inspections, and reporting
  
• Conduct routine self-audits, such as quarterly or semi-annually, to maintain accurate and complete records that align with current RCRA and state-specific regulations about waste generation, storage, and shipment
  
• Establish and maintain a clear schedule to track and meet all submission deadlines to ensure timely compliance
  

Understand State-Specific Reporting Requirements

New York reporting closely mirrors federal reporting requirements. However, New York has a few key differences from federal reporting requirements. These differences include:

• LQGs are required to submit annually through RCRAInfo 
• Generator Improvements Rule (GIR) has not yet been adopted
• Specific waste codes for PCBs and PCB-contaminated wastes
• Specific codes from the generator for disposal confirmation with TSDFs

Keep Copies of All Submitted Reports

Make copies of all paper forms and securely store them for a minimum of 3 years to stay in compliance in New York. 

Common Mistakes in RCRA Reporting and How to Avoid Them

Incorrectly Estimating Quantity of Reportable Wastes

Incorrectly reporting waste quantities or generator status can occur due to underreporting in an attempt to avoid LQG classification or overreporting caused by data management errors.

Tips:

• Develop standardized reporting checklists to ensure the accuracy of submitted information
• Use electronic tracking systems or digital software to automate calculations for waste generation and shipments
• Keep accurate and updated logs of waste generation and disposal throughout the year to maintain reliable records

Failure to Report All Hazardous Wastes

Failing to include certain waste types in reporting can occur unintentionally due to factors such as misunderstanding EPA regulations, misidentifying waste streams, or not assigning the correct waste codes.

Tips:

• Designate a compliance lead at each facility to oversee waste determinations and classifications
• Perform regular waste assessments to ensure accurate classification of all waste types
• Update waste determinations periodically to reflect current operations and regulatory changes
• Cross-check waste information with disposal facilities to confirm proper classification and handling

Failing to Keep Up-To-Date with Changes in Regulations

Failing to stay current with regulatory changes in New York can result from several factors. Facilities may lack dedicated staff to monitor updates or assume that long-standing waste management practices remain compliant.

Tips:

• Assign a designated staff member or team to monitor current waste regulations
• Subscribe to updates from federal agencies and local EHS groups 
• Conduct annual compliance audits
• Implement software solutions to track hazardous waste regulations and notify of updates  

Late and Missed Submissions

The DEC does not allow for extensions for late annual or biennial report submissions. Ineffective timeline management can lead to missed report submissions. Lacking a centralized compliance center, unclear designation of responsibilities, and insufficient training can contribute to missing deadlines. Failing to submit biennial reports may result in fines.

Tips:

• Create a shared compliance calendar and set reminders well in advance
  
• Start compiling hazardous waste data and facility information early (by January at the latest) to avoid last-minute errors
  
• Use a centralized digital filing system so data can be easily and readily accessed
  

Penalties for Non-Compliance with RCRA Reporting in New York

Potential Fines and Legal Consequences

In New York, non-compliance with RCRA reporting requirements can lead to penalties, including fines and civil or criminal enforcement actions. These penalties and fines are enforced by DEC and the federal EPA. New York also issues administrative orders and criminal charges to facilities and operators who violate RCRA. Fines can be based on the severity and frequency of violations, knowledge of the violation, and other factors. As of January 8th, 2025, the maximum penalty for a RCRA violation is $93,058 per violation per day. The EPA is likely to increase this maximum penalty each year. 

Common penalties include:

• Failing to submit annual or biennial reports
• Operating as a TSDF without a permit
• Exceeding storage limits 
• Failing to keep manifests up to date in e-Manifest system

 

Disclaimer: Every effort has been made to ensure the accuracy of the information herein. If you have further questions, we encourage you to reach out to a compliance expert or the regulating body for the jurisdiction in which you operate.