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?

An annual hazardous waste report is required for any facility that:

• Was considered a Large Quantity Generator (LQG) at any time during the previous year
  • LQGs generate more than 2,200 lbs of hazardous waste in a single month or 
  • Accumulate more than 2.2 lbs of acutely hazardous waste per calendar month or 
  • Generate more than 220 lbs of spill clean-up material contaminated with acute hazardous waste in a single month
• Was a treatment, storage, or disposal facility (TSDFs)
• Generated 15 tons or more of hazardous waste or hazardous wastewater 
  • Universal waste is exempt from this requirement 

State-Listed Hazardous Waste in New York 

New York has several state-specific wastes that are considered hazardous. These wastes are subject to the full hazardous waste regulations, including 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
• B006: PCB transformers 
• 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  Generator Statuses and Requirements

Very Small Quantity Generators (VSQG) Requirements

In NY, facilities that generate less than 220 lbs of hazardous waste per month are considered Conditionally Exempt Small Quantity Generators (CESQGs). CESQGs are exempt from full regulations, including reporting requirements. However, CESQGs must still take steps to ensure compliance, including:

• Identify all hazardous waste generated
• Not store more than 2,200 lbs of hazardous waste on-site at any time 
• Must send hazardous waste to an approved off-site treatment facility that is one of the following:
  • A state or federally regulated treatment, storage, or disposal facility (TSDF)
  • A facility permitted, licensed, or registered by a state to manage municipal or industrial solid waste (outside of NY)
  • A facility that uses, reuses, or recycles waste 
  • A universal waste handler 

Small Quantity Generator (SQG) Requirements

SQGs generate between 220 and 2,200 lbs of hazardous waste per month. SQGs do not have to submit annual waste reports but still must follow certain regulations to stay in compliance, including:

• Obtain an EPA ID number via RCRA Subtitle C Site Identification Form (EPA Form 8700-12)
  • DEC does not issue EPA IDs. Site ID forms can be submitted electronically through RCRAInfo or by paper to the EPA Region 2 office at  

USEPA Region 2 LCRD-LRPB

290 Broadway, 25th floor

New York, NY 10007

ATTN: RCRA Notifications 

• Not accumulate more than 13,200 lbs of hazardous waste on-site or store waste on-site for more than 180 days without a permit 
  • If waste is being transported more than 200 miles away, SQGs may store waste for up to 270 days 
• Manage waste onsite properly, including:
  • Safe storage
    • The total amount of waste that can be stored in a satellite accumulation area is 55 gallons. Once this is exceeded, SQGs have 3 calendar days to move the waste to a designated central accumulation area
    • SQGs that store 185 gallons of liquid hazardous waste or more and are located over a sole source aquifer must have secondary containment
  • Accurate labeling: include the words “hazardous waste” on waste containers 
  • Weekly inspections of hazardous waste storage areas 
  • Accident prevention: an internal alarm system, a device such as a telephone or a radio capable of contacting emergency responders, portable fire extinguishers, water that can supply hose streams, or automatic sprinkler systems
• Ensure all employees handling waste are familiar with proper handling and emergency procedures
• Have an emergency coordinator on call at all times 
• SQGs are not required to have written contingency plans but should establish basic emergency guidelines 
• Use only regulated TSDFs or recyclers for waste shipments 
• Use the Uniform Hazardous Waste Manifest for all waste shipments 

Large Quantity Generator (LQG) Requirements

LQGs generate more than 2,2000 lbs of hazardous waste or more than 220 lbs of residue from the cleanup of acutely hazardous waste. LQGs must complete annual reporting in New York and biennial reporting federally. In addition to annual/biennial reports, LQGs also have stricter regulations than other generators, including:

• Obtain an EPA ID number using EPA form 8700-12
• Identify all hazardous waste generated 
• Not accumulate waste for more than 90 days without a permit 
• Manage waste onsite properly in a way that reduces the risk of spill or accident 
  • LQGs who store more than 185 gallons of liquid hazardous waste or more and are located over a sole source aquifer must have secondary containment
  • If storing waste in tanks, control volatile organic compound (VOC) emissions from management and process activities 
  • Conduct weekly inspections of waste storage facilities 
• Must have a formal contingency plan with a designated emergency coordinator. The plan must include contact information, procedures for spills or other emergencies, a list of emergency equipment with locations, and evacuation routes for your facility
  • Contingency plans must be on file with local emergency response agencies, including fire and police departments and hospitals 
• Conduct formal employee training for employees handling hazardous waste within 6 months of hire
• Ship wastes using only permitted transporters 
• Use only regulated TSDFs or recyclers for waste shipments 
• Use the Uniform Hazardous Waste Manifest for all waste shipments 
• Retain all records for a minimum of 3 years
• Submit annual hazardous waste reports by March 1 each year 

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

Hazardous waste manifests are used to track hazardous waste from generation to disposal. To assist with this tracking, the EPA created the Uniform Hazardous Waste Manifest which travels with hazardous waste during shipment and treatment. Manifests are managed through the EPA e-Manifest system, allowing shipments to be tracked electronically. Original manifests are created by generators of hazardous waste and final copies are submitted to the e-Manifest system by final disposal facilities.

• 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:

• NY encourages 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

• 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
    • 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 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

• Incomplete or incorrect generator information
• Improper waste descriptions
• Missing signatures
• Failing to retain copies 
• Missing Land Disposal Restriction notifications
• Tips to avoid errors in manifests:
  • Provide regular training for staff responsible for completing manifests
  • Double-check information such as waste codes, DOT names, hazard classes, and ID numbers 
  • Use the EPA e-Manifest system to reduce paperwork and fix errors quickly

New York Electronic Waste Reporting System (RCRAInfo)

Overview of RCRAInfo

New York utilizes the federal RCRAInfo system for biennial and annual hazardous waste reports. Waste manifests uploaded and stored in RCRAInfo are accessible by fire departments and local agencies throughout NY. NY requires electronic reporting to ensure a unified, standardized platform that is accessible to all authorized agencies across the state. 

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 form (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
    • Had a planned or unplanned episodic event
  • 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, including types, quantities, etc.
• Review and submit your waste reports

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)

As of January 2025, 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. 

Tips for Effective RCRA Reporting

Maintain Continuous Records

• Implement a centralized storage system to ensure quick access to required documents and records. Documents and records may be requested during compliance audits and inspections and are helpful during the reporting system. Consider electronic storage or digital software for easier access and greater security.
• Conduct regular self-audits to ensure that records are accurate, complete, and compliant with current RCRA and New York regulations. Consider scheduling quarterly or biannual audits of generation, storage, and shipment records and keep track of deadlines for submissions

Understand State-Specific Reporting Requirements

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

• In NY, LQGs are required to submit annually through RCRAInfo 
• NY does not allow for episodic generation 
• NY has specific waste codes for PCBs and PCB-contaminated wastes 

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 NY. Forms, waste determinations, training, records, and more may be requested during compliance inspections 

Common Mistakes in RCRA Reporting and How to Avoid Them

Incorrectly Estimating Quantity of Reportable Wastes

Reporting incorrect waste quantities or generator status can be due to events of underreporting to avoid reaching large quantity generator status and overreporting due to data management errors

Tips:

• Use standardized tracking systems 
  • Consider electronic tracking or digital software to automatically calculate quantities based on generation and shipments 
• conduct regular audits of waste totals
• Use accurate container labels

Failure to Report All Hazardous Wastes

Failing to report all hazardous wastes can occur for a number of reasons, including misidentification or underclassification of waste streams. This can happen when a facility overlooks smaller waste streams, fails to recognize mixtures of hazardous waste with non-hazardous waste, or relies on outdated waste determination rules. Failing to report all waste can lead to underreporting, misrepresentation generator categories, and issues of non-compliance. 

Tips:

• Conduct regular waste stream inventories 
• Regularly update waste determinations
• Use a digital waste management tracking system to reduce errors and improve recordkeeping
• Consult with environmental experts 

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

Failing to keep up with changes in regulations can be due to a number of factors. Facilities may lack designated staff members dedicated to tracking regulatory updates, incorrectly assume that long-standing waste management practices remain compliant, or fail to monitor changes from both the EPA and state agencies, such as DEC. 

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 

Lack of Compliance with New York-Specific Waste Regulations

Failing to understand the differences between federal RCRA requirements and New York-specific rules can lead to non-compliance at the state level. 

Tips to avoid non-compliance at the state level:

• Regularly review New York-specific regulations by consulting the DEC or environmental compliance experts in the state
• Train employees on New York and federal requirements 
• Consider digital waste tracking and reporting software that supports state-specific monitoring 

Late and Missed Submissions

Ineffective timeline management can lead to late and missed report submissions. Lacking a centralized compliance center, unclear designation of responsibilities, and insufficient training can contribute to missing deadlines. 

Tips:

• Establish a centralized compliance calendar with reporting deadlines
• Use software to track and notify of reporting due dates
• Provide training to ensure employees understand when reports are due and the consequences of missing these deadlines

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
• Late submissions of annual reports: 8% per annum calculated from March 1 and a penalty of 5% of total fees due for every 30-day period the report is late
• 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.