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Hazardous Waste Annual Reports

ATTENTION: As of January 2021, the vendor that 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. DEC has posted New York State-specific instructions for submitting annual hazardous waste reports below in the Instructions for Filing Your Hazardous Waste Report Electronically section.

A declaration of electronic filing with ARM is no longer required because ARM Easitrak is no longer used to submit annual reports to DEC.

General Information

You are required to complete and file an Annual Hazardous Waste Report (Report) if your site:

  1. Met the definition, as described below,* of a Large Quantity Generator (LQG) at any time during the previous year; or
  2. Treated, stored of disposed of hazardous waste on-site during the previous calendar year; or
  3. 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.)

*Large Quantity Generator (LQG) - means a site that generated 1,000 kg (2,200 lbs.) or more of hazardous waste in any single calendar month; or accumulated at any time more than 1 kg (2.2 lbs.) of acute hazardous waste in any single calendar month; or generated more than 100 kg (220 lbs.) of spill clean-up material contaminated with acute hazardous waste in any single calendar month.

If you believe that you do not fit into this category, please contact this office. See the Additional Assistance section below for contact information.

The Report for the previous calendar year must be submitted to and received by DEC by March 1 of each year.

Forms and instructions for filing the Report can be found below.

How to File Your Hazardous Waste Annual Report

Large quantity generators and treatment, storage and/or disposal facilities in New York State are required to submit a Hazardous Waste Report for each calendar year. The Report for the previous calendar year must be submitted to and received by DEC by March 1 of each year.

A separate Report is required for each United States Environmental Protection Agency registered location (site). Generators and facilities are required to submit a Report if, any one of the following criteria applies:

  1. The site generated in any single calendar month a total of 1,000 kg (2,200 lbs.) or more of Resource Conservation and Recovery Act (RCRA) or New York State hazardous waste; or
  2. The site generated in any single calendar month, or accumulated at any time more than 1 kg (2.2 lbs.) of RCRA acute hazardous waste; or
  3. The site generated in any single calendar month, or accumulated at any time, more than 100 kg (220 lbs.) of spill cleanup material contaminated with RCRA acute hazardous waste; or
  4. The facility, during the calendar year, treated, stored and/or disposed of RCRA or New York State hazardous waste on-site in units subject to hazardous waste permitting requirements (Part 373); or
  5. The site generated 15 tons or greater of hazardous waste or hazardous wastewater. Only universal waste is exempt from counting with regard to this requirement. Other exemptions or exclusions to annual hazardous waste reporting do not apply if 15 tons or greater are generated.

Note: For detailed instructions about completing an annual hazardous waste report, including item-by-item descriptions and instructions, hazardous waste regulatory fees and fee exemptions, and definitions please refer to the "Instructions and Forms Booklets" listed in the Hazardous Waste Reporting Paper Forms section below.

Wastes That Should Be Included in Your Report

You only need to include waste that is considered hazardous in the State of New York in your report. These wastes include RCRA hazardous waste and polychlorinated biphenyl (PCB) waste as found in 6 NYCRR Part 371 (link leaves DEC website).

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. A one-time cleanup activity is not exempt.
  • Hazardous waste shipped to or received from a foreign country must also be reported. (There is a select list of foreign EPA ID numbers in the Foreign Site Identification Number List in the Codes section of EPA's Site ID Form Instructions. These instructions can be found on EPA's RCRAInfo Web website in the Key Links box [link leaves DEC website].)
  • All hazardous wastewaters including wastewater treated in a totally enclosed wastewater treatment unit or elementary neutralization unit. (Before reporting your wastewater being treated on-site, be certain that the wastewater is considered hazardous before entering your treatment process. Not all wastewaters being treated for discharge would be considered hazardous waste.)

You should not include non-hazardous waste or waste that is only hazardous in another State. Just because your waste is shipped to another State on a hazardous waste manifest form, it does not automatically make the waste hazardous in New York State. If you are uncertain if your waste meets the definition of being hazardous in New York, please contact DEC by email at hazardousreport@dec.ny.gov.

Instructions for Filing Your Hazardous Waste Report Electronically

As of January 2021, the vendor that supported electronic submittal of hazardous waste annual reports for DEC has ceased operation. DEC is transitioning 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") (link leaves DEC website). The Annual Report module should be used for reporting of activities conducted in even-numbered years and the Biennial Report module should be used for reporting of activities conducted in odd-numbered years. Please do not use the Internet Explorer web browser when using RCRAInfo. Because this is a new process, DEC strongly recommends that you read this industry user guide (PDF, 213 KB) prior to starting the online web submittal process. This custom industry user guide provides important instructions for New York State-specific reporting requirements as well as general user guidance.

DEC uses the same codes as EPA, with the exception of certain state-specific codes. The definitions and lists of codes used in this report are in the latest version of the "RCRA Subtitle C Reporting Instructions and Forms" document in the Codes Lists section. This document can be found in the Key Links box of EPA's RCRAInfo Web website (link leaves DEC website). New York State-specific hazardous waste codes for PCBs and county codes can be found in Codes Used for Annual Hazardous Waste Reports (PDF) (66 KB). In RCRAInfo, state-specific hazardous waste codes should be entered into the "Hazardous Waste Codes (State)" field.

When filing your report electronically, reports must be e-signed in RCRAInfo to be submitted to DEC. Creating a draft annual report in RCRAInfo without e-signing to does not meet the DEC regulatory requirement to submit an annual report to DEC.

Important Notes:

  • The site permission approval process may take some time to be reviewed. If you opt to use a signed and dated paper electronic signature agreement (ESA) mailed to EPA for identity proofing, you will not be able to e-sign nor submit your report until EPA receives your paper ESA. The electronic identity proofing process available in RCRAInfo is immediate.
  • A declaration of electronic filing with ARM is no longer required because ARM Easitrak is no longer used to submit annual reports to DEC.
  • DEC's review of annual reports is a two step process: (1) DEC must accept the report within RCRAInfo. (2) DEC conducts a second review within DEC's internal system to identify any issues with the report

Instructions for Filing Your Hazardous Waste Report Using Paper Forms

If online submission is not an option, the forms can be submitted in paper form. The originator of the Report is required to maintain a copy of the Report submitted for three (3) years. For questions regarding the filing criteria or completion of the Report, please e-mail your questions to the hazardousreport@dec.ny.gov or call (518) 402-8730 if e-mailing is not an option.

If you are submitting paper report forms, they must be submitted to the address below and received by March 1.

NYSDEC
Division of Materials Management
Waste Transport and State Assistance Section
625 Broadway
Albany, NY 12233-7252

Hazardous Waste Reporting Paper Forms

2019

2020

What's New for the 2020 Report

Site Identification (SI) Form

The Site Identification form has changed significantly due to the revised RCRA Hazardous Waste Regulations. The SI form is similar to U.S. EPA's RCRA Subtitle C Activities form.

Changes include:

  • Mixed waste was removed from the SI form and added to the GM form for each waste stream.
  • Item 1, Reason for Submittal (Select only one): this is pre-marked as "Submitting as a component of the Hazardous Waste Report for 2020."
  • Item 6, Site Land Type: moved from the fourth item (4) to the sixth item (6).
  • Item 7, North American Industry Classification System (NAICS) Codes: The Annual Hazardous Waste Report should be completed using the 2017 NAICS codes established by the U.S. Census Bureau as significant changes were made to the NAICS codes in 2017. All filers should confirm that they are using the 2017 NAICS codes in their annual report. The 2017 NAICS Codes can be found on the U.S. Census Bureau website (link leaves DEC's website).
  • Item 10, Type of Regulated Waste Activity (at your site), A. Hazardous Waste Activities: If generating waste as a result of a one-time, non-reoccurring, temporary event not related to normal production processes, then number 2 (Short-Term Generator) should have the "Y" box checked, and comments in the short-term generator field must be provided.
  • Item 11, Additional Regulated Waste Activities, A. Other Waste Activities: Specifically number 4 - Recognized Trader, and number 5 - Importer/Exporter of Spent Lead-Acid Batteries (SLABs).
  • Item 12, Eligible Academic Entities with Laboratories: Notification is required for generators that are opting into or withdrawing from managing laboratory hazardous wastes pursuant to "Subpart K" (6 NYCRR 372.2(e)).
  • Item 15, Notification of LQG Site Closure for a Central Accumulation Area (CAA) (optional) OR Entire Facility (required): Notification is required for: generators storing liquid hazardous waste over sole source aquifers; and if a facility as a whole is closing.

Generation & Management (GM) Form

Mixed waste was removed from the SI form and added to the GM page as Radioactive Waste, for each waste stream.

Source Codes

Some old codes were removed, and some new codes were added. Editorial changes were made to the description of some source codes in order to improve clarity for filers. For example, G25 was changed from "hazardous waste management" to "treatment, disposal, or recycling of hazardous waste" to better communicate the meaning of this code.

Form Codes

A new code was added: W006 - Airbag waste (airbag modules or airbag inflators managed as hazardous waste)

Waste Minimization Codes

The waste minimization codes were revised to assist filers with reporting their waste minimization activities. New waste minimization codes identify when waste minimization activities occurred (whether initiated prior to the reporting year or during the reporting year) and also provide examples of the types of waste minimization activities.

Management Method Codes (MMC)

Management method codes are used on GM, waste received (WR), and hazardous waste manifest forms)
Four new management method codes (MMC) were added:

  • H011 - Mercury recovery (include mercury retorting, bulb/lamp crushing and mercury vapor recovery, thermostat recovery, mercury from medical equipment recovery, mercury car switch recovery, etc.)
  • H015 - Deployment/deactivation of airbag waste followed by metals recovery
  • H041 - Open burning/open detonation (should be permitted under Subpart X with process code X01)
  • H090 - Polymerization (LDR standard as treatment method)

Additional Assistance

Important: Sign up through GovDelivery to receive information electronically regarding the Hazardous Waste Management Program.

If you require assistance with filing a hazardous report or wish to dispute the need to report, you may contact DEC by email at HazardousReport@dec.ny.gov or by phone at (518) 402-8730.


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