Guidance Document for Hazardous Waste Reduction Plans, Annual Status Reports & Biennial Updates
Hazardous Waste Reduction Planning
Chapter 831 of the Laws of 1990, or Section 27-0908 of the Environmental Conservation Law, states that it is in the best interest of the State to require facilities that release hazardous wastes and toxic substances into the environment to reduce to the maximum extent possible the volume or quantity and toxicity of waste. This law includes all wastes emitted into the air, discharged into the waters, or treated and disposed of in a permitted facility. Such reductions must be achieved through implementing technically feasible and economically practical waste reduction technology and process or operational changes. The law also established a goal of achieving an overall reduction in the generation and release of hazardous waste of 50 percent by the year 2000.
This law requires generators of hazardous wastes to prepare, implement and submit to the New York State Department of Environmental Conservation (DEC) a Hazardous Waste Reduction Plan (HWRP). The HWRP, which will be reviewed for acceptance by the NYSDEC, must be updated biennially and annual status reports submitted. To help generators comply with this requirement, the law requires DEC to issue Guidance.
Guidance for preparing reduction plans consists of:
- This Guidance Document, which discusses in detail the contents of the HWRP, Biennial Update (BU) and Annual Status Report (ASR)
- HWRP Checklist - a checklist of items to be submitted as part of Hazardous Waste Reduction Plans, which is available under Important Links to the right
- A copy of ECL 27-0908
New York State's Siting Law, Chapter 618 of the Laws of 1987, established a four-part waste management hierarchy. This law was enacted in response to the finding that to protect and enhance public health and the quality of the environment in New York, policies must be developed to ensure the sound management of hazardous wastes throughout the State. This statute establishes a hierarchy of preferred hazardous waste management practices and mandates use of the hierarchy to guide all hazardous waste management policies and decisions.
The hierarchy, in order of preferred practices, is:
- The generation of hazardous wastes is to be reduced or eliminated to the maximum extent practical;
- Hazardous wastes that continue to be generated are to be recovered, reused or recycled to the maximum extent practical;
- Detoxification, treatment or destruction technologies are to be utilized for hazardous wastes which cannot be reduced, recovered, reused or recycled;
- Land disposal of industrial hazardous wastes, except treated residuals posing no significant threat to the public health or to the environment, should be phased out as it is the least preferable method of industrial hazardous waste management.
This hierarchy should be used by generators for planning and conducting overall waste management policies, decisions, and goals as detailed in the HWRP.
The statute provided for a HWRP phased-in submittal schedule as follows:
- Any generator of one-thousand (1000) tons or more of hazardous waste in the calendar year 1990 or thereafter, as reported in the Hazardous Waste Report, shall prepare, implement and submit to DEC a written HWRP on or before July 1 of the following year.
- Any generator of five-hundred (500) tons or more of hazardous waste in the calendar year 1991 or thereafter, as reported in the Hazardous Waste Report, shall prepare, implement and submit to DEC a written HWRP on or before July 1 of the following year.
- Any generator of fifty (50) tons or more of hazardous waste in the calendar year 1992 or thereafter, as reported in the Hazardous Waste Report, shall prepare, implement and submit to DEC a written HWRP on or before July 1 of the following year.
- Any generator of twenty-five (25) tons or more of hazardous waste in the calendar year 1995 or thereafter, as reported in the Hazardous Waste Report shall prepare, implement and submit to DEC a written HWRP on or before July 1 of the following year.
- Any generator required to hold a hazardous waste storage, treatment or disposal Part 373 permit for the on-site management of hazardous waste shall prepare and submit to DEC a written HWRP on or before July 1, 1991 or as part of any new permit application, and shall thereafter implement the plan.
* NOTE - The following hazardous wastes are not included in the calculation of the amount of hazardous waste generated for the 25 tons or greater category:
- by corrective action for a release from a hazardous waste treatment, storage, or disposal facility; or
- by the remediation of an inactive hazardous waste disposal site; or
- the cleanup of a release to the environment reported pursuant to Articles 17, 37 and 40 of the Environmental Conservation Law; or
- demolition and construction debris; or
- one-time wastes, which are otherwise subject to the requirements of Section 27-0908 of the Environmental Conservation Law.
The following describes the contents of each part of the Hazardous Waste Reduction Plan (HWRP):
- Part A - Hazardous Waste Reduction Plan
- Part B - Biennial Update of the HWRP
- Part C - Annual Status Report
Part A - Hazardous Waste Reduction Plan Contents
To comply with the Hazardous Waste Reduction Plan requirements, the facility shall submit information that:
- Identifies at least 90% of the annual amounts and types of hazardous waste generated subject to the law. The hazardous wastes covered by the plan must include:
- any quantity of acute hazardous waste (as defined in 6 NYCRR 370 and 6 NYCRR 371), by waste stream generated during the previous calendar year; and
- non-acute hazardous wastes (as defined in 6 NYCRR 370 and 6 NYCRR 371), by waste stream during the previous calendar year,
- generated in amounts greater than five tons, and
- generated in amounts less than or equal to five tons, if acute hazardous wastes and non-acute hazardous wastes generated in amounts greater than five tons do not equal 90% of all hazardous waste generated.
IMPORTANT: The waste streams should be identified at the point where they exit the unit, process, operation or plant battery limit prior to treatment and/or disposal either on-site or off-site. This includes all aqueous wastes that are either treated on-site prior to discharge, or disposed off-site. The EPA Hazardous Waste Codes and disposal method for each waste stream must also be identified.
- For each waste stream describes (narratively) the source(s) of generation and the disposal method of the hazardous wastes. A simple flow diagram or a block diagram of the unit, process, operation or plant generating the waste stream to facilitate the evaluation of waste reduction efforts should be submitted. The diagram must include at a minimum raw material inputs, major process steps/equipment, and product/waste outputs.
- For each identified waste stream, provides an activity/production index. The activity/production index is a measure of changes in economic and other factors that affected the quantity of hazardous waste generated in a specific year compared to the previous year. The index is used to distinguish inter-year quantity changes that resulted from waste reduction activity from those that are attributable to economic or other factors. This will facilitate the quantification of waste reduction efforts.
If an index cannot be developed to provide meaningful information on waste reduction, then provide some other measurement technique or a demonstration why such calculation cannot be provided.
Once a facility establishes a method to calculate the activity/production index, the facility must continue to use the same method for future reduction planning reports.
Example 1 - Increasing Production:
If a firm manufactures tools using a process that generated a hazardous waste, the activity/production index would indicate the change in the number of tools produced in 1995 compared to 1994.
1,200 tools were produced in 1995, and 1,000 tools were produced in 1994. The activity/production index equals 1,200 (1995 production)divided by 1,000 (1994 production) = 1.2 (activity/production index).
Example 2 - Declining Production:
If a firm that manufactures stainless steel food containers is losing market share to competitors making plastic containers, its production might have declined between 1994 and 1995.
88,000 containers were produced in 1995, and 110,000 containers were produced in 1994. The activity/production index equals 88,000 1995 production) divided by 110,000 (1994 production) = 0.8 (activity/production index).
Example 3 - Declining Production:
If a dry cleaner cleaned 2,200 garments in 1995 and 2,000 garments in 1994, the activity/production index would indicate the change in the number of garments cleaned. The activity/production index equals 2,200 (1995 production) divided by 2,000 (1994 production) = 1.1 (activity/production index).
NOTE: To satisfy the requirements for Part A items 1 and 3, a Hazardous Waste Generation Summary - Table 1 must also be completed and submitted. An example of a generation summary for two (2) hazardous waste streams is illustrated in Table 1 Sample.
- Provides an estimate, and basis for such estimate, of the costs incurred for managing each waste, including but not limited to, storage costs, on-site treatment or disposal costs, transportation costs, commercial disposal fees and regulatory fees or a demonstration why such calculation cannot be provided.
- For each waste stream identified, provides an evaluation of the technical feasibility and economic practicability (including return on investment) of implementing the following waste reduction options:
- substitution of non-toxic or less toxic inputs to the production process which result in a reduction in the volume or toxicity of such waste;
- reformulation or redesign of end products to eliminate production inputs or production processes that result in the generation of such waste;
- modification or redesign of production processes, technologies or equipment which result in a reduction in the volume or toxicity of the waste;
- changes in materials usage, handling and storage practices, including improved inventory control preventive maintenance, spill and leak prevention and waste segregation, which will reduce the volume or toxicity of such waste;
- the use of closed-loop reclamation, reuse or recycling processes or technologies which directly recycle such wastes back into the production process; and
- the use of on-site or off-site recycling technologies or processes that reduce the amount of such waste that must be treated or disposed of.
For waste streams where reduction measures are not proposed, provides a rationale for rejecting waste reduction actions; i.e., indicate what waste reduction and/or recycling measures were considered and why they were rejected. This list must be included in the HWRP.
- Provides a list of technically feasible and economically practicable waste reduction measures, along with return of investment, to be implemented as identified in Part A item 5.
- Describes the corporation's and facility's waste reduction policy, along with a plan for communicating this policy and statement of waste reduction goals to relevant employees and management personnel. This description should include: specific goals and objectives (short term and long term) for hazardous waste volume and/or toxicity reduction; statement of top-level management commitment to waste minimization; method(s) used to accomplish top-level management support (i.e., reward and recognition program); designation of waste minimization department or team responsible for implementing waste reduction plan; and a statement of commitment to implement recommendations resulting from waste minimization assessments.
- Provides a schedule for implementing the technically feasible and economically practicable waste reduction technology, process or operation change listed in Part A item 6.
- Describes the method of waste reduction measurement which will provide a basis for charting waste reduction trends over time.
- Describes appropriate (existing and/or planned) employee training programs to assure proper implementation of the economically practicable and technically feasible waste reduction alternatives listed in Part A item 6. The format, frequency and contents of the program should be included. The contents should include, but not be limited to:
- Corporate/Facility policy on waste reduction
- Benefits of waste reduction/pollution prevention
- Hazardous Waste Reduction Law
- Reward/Recognition Program
- Length of initial training program and frequency of retraining
- Provides an estimate of the anticipated reduction in tons or other appropriate measurement, in the amount of hazardous wastes produced by the facility as a result of the implementation of each of the technically feasible and economically practicable waste reduction options listed in Part A item 6.
- Provides an estimate of the extent, if any, to which the implementation of each of the technically feasible and economically practicable waste reduction options listed in Part A item 6 may result in the transference of hazardous waste into any other environmental media and the environmental benefits, if any, of the waste reduction option resulting in such transference.
Note: To satisfy the requirements for Part A items 6, 7 and 11, a Hazardous Waste Reduction Program Summary Table 2, must also be completed and submitted. An example of reduction plans for two (2) waste streams is illustrated in the Hazardous Waste Reduction Plan Hazardous Waste Generation Summary Table 2 Sample.
Part B - Biennial Update of the HWRP
The Hazardous Waste Reduction Plan shall be updated biennially to reflect changes in the types and amounts of hazardous wastes generated at the facility. In preparing such a document the generator shall update:
- The Hazardous Waste Generation Summary - Table 1, with the types and amounts of hazardous wastes generated including an index for each waste stream. Table 1 must be revised to address all acute hazardous wastes, all hazardous waste generated in quantities greater than five tons, and at least 90% of all hazardous waste currently being generated subject to the law;
- Information as outlined in Part A - Hazardous Waste Reduction Plan Contents of this guidance document must be submitted for all new waste streams being reported on revised Table 1;
- Estimate and basis for such estimate of the costs incurred for managing each waste;
- The Hazardous Waste Reduction Program Summary - Table 2, an evaluation or reevaluation of the technical and economical feasibility of waste reduction alternatives must be performed for each waste stream, including a schedule or revised schedule for implementing the waste reduction alternatives selected. Also, any changes made in the Annual Status Reports in terms of reduction alternatives must be explained in this report. An explanation shall be provided for any hazardous waste stream that is no longer generated or is no longer classified as hazardous;
- Any changes in existing or planned educational training and other programs provided to employees to motivate hazardous waste reduction efforts and increase awareness of potential hazardous waste reduction opportunities; and
- Any changes in the corporation's and facility's commitment, priorities and goals, resource requirements, monitoring program and plans and schedules for future hazardous waste reduction actions including the designation of the office or department responsible for implementing the waste reduction program.
The updates must be submitted every two years, with the first update due two years after the Hazardous Waste Reduction Plan is submitted. The updates must be submitted by July 1 of the year they are due and shall provide continuity with previously prepared plans.
Part C - Annual Status Report
The Hazardous Waste Generation Summary - Table 1, and the Hazardous Waste Reduction Program Summary - Table 2 must be updated annually. The Annual Status Report must be submitted by July 1 for each year that a hazardous waste reduction plan biennial update is not submitted.
The report will describe the generator's progress in achieving its time schedule for implementing technically feasible and economically practicable waste reduction alternatives. If waste reduction alternatives are not implemented as scheduled in the plan, the report will identify the reason an activity was not implemented and include a reasonable revised time schedule for implementing the waste reduction alternatives.
If a generator determines that any method of waste reduction chosen and implemented is not achieving the degree of waste reduction anticipated, notwithstanding commitments made in the original Hazardous Waste Reduction Plan or Biennial Update, the generator may choose and implement another waste reduction alternative more likely to achieve waste reduction. The generator will explain such action in the annual status report and account for such action in the Biennial Update.
Please submit one (1) copy of your document to the following address:
NYS Department of Environmental Conservation
Division of Environmental Permits & Pollution Prevention
625 Broadway 4th Floor
Albany, NY 12233-1750
or attach by email and send to: