Guidance Document for Hazardous Waste Reduction Plans, Annual Status Reports & Biennial Updates
Hazardous Waste Reduction Planning
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. To facilitate these reductions, the law requires generators of hazardous wastes to prepare, implement and submit to the New York State Department of Environmental Conservation (NYSDEC) a Hazardous Waste Reduction Plan (HWRP). The HWRP, which will be reviewed for acceptance by the NYSDEC, must be reported on annually, and updated on a biennial basis. All hazardous wastes emitted into the air, discharged into waters, or treated and disposed of in a permitted facility, are covered by the law. The HWRP shall establish opportunities to reduce hazardous waste through implementing technically feasible and economically practical waste reduction technologies, process or operational changes, material substitutions, or by other means.
Facilities required to comply:
- Any generator of twenty-five (25) tons or more of hazardous waste in a calendar year 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 of the following year, 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.
In addition to the guidance material provided below, please refer to the HWRP checklist for a concise listing of the HWRP plan requirements.
To comply with the HWRP requirements, the facility shall submit a plan that includes the following information:
- A listing of 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 Code(s) and disposal Management Method Code for each waste stream must also be identified for purposes of completing table 1.
- For each waste stream, describe (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, provide an activity/production index. The activity/production index is a measure of changes in economic and other factors that affect 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 for purposes of completing table 2.
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 2015 compared to 2014.
1,200 tools were produced in 2015, and 1,000 tools were produced in 2014. The activity/production index equals 1,200 (2015 production)divided by 1,000 (2014 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 2014 and 2015.
88,000 containers were produced in 2015, and 110,000 containers were produced in 2014. The activity/production index equals 88,000 2015 production) divided by 110,000 (2014 production) = 0.8 (activity/production index).
Example 3 - Declining Production:
If a wet cleaner cleaned 1,800 garments in 2015 and 2,000 garments in 2014, the activity/production index would indicate the change in the number of garments cleaned. The activity/production index equals 1,800 (2015 production) divided by 2,000 (2014 production) = 0.9 (activity/production index).
- For each waste steam, provide 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 demonstrate the reason such calculation cannot be provided.
- For each waste stream identified, provide 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.
For waste streams where reduction measures are not proposed, provide 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.
- For each waste stream listed on table 2, provide a list of technically feasible and economically practicable waste reduction measures, along with return of investment, to be implemented as identified in item 5 above.
- Describe the corporation's or 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 a waste minimization department or team responsible for implementing a waste reduction plan; and a statement of commitment to implement recommendations resulting from waste minimization assessments. A brief description of the waste reduction plan/project will need to be incorporated into table 2 for each waste stream.
- Provide a schedule for implementing the technically feasible and economically practicable waste reduction technology, process or operation changes listed in item 6 above.
- Describe the method of waste reduction measurement which will provide a basis for charting waste reduction trends over time.
- Describe appropriate (existing and/or planned) employee training programs to assure proper implementation of the economically practicable and technically feasible waste reduction alternatives listed in item 6 above. 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
- For each waste stream listed on table 2, provide an estimate of the anticipated reduction (in tons or other appropriate measurement) of 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 item 6 above.
- Provide 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 item 6 above 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.
The Hazardous Waste Generation Summary - Table 1, and the Hazardous Waste Reduction Program Summary - Table 2 must be updated annually. The ASR must be submitted by July 1 in the year following the submittal of a HWRP and in the subsequent years a 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 HWRP 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 ASR and account for such action in the Biennial Update.
The biennial 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.
The Hazardous Waste Reduction Plan (HWRP) shall be updated biennially to reflect changes in the types and amounts of hazardous wastes generated at the facility. It may help to review the HWRP checklist when preparing Your Biennial Update (BU). In preparing a BU, 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 - must be submitted for all new waste streams being reported on revised Table 1;
- An 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 technically and economically feasible 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.
Where to Direct Submittals
Please submit one (1) copy of your HWRP, ASR or Biennial Update 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: