Hazardous Waste

New York

Comparison of State and Federal Hazardous Waste Rules

General Summary (find a description of Federal Rules here).

    Generators must notify the DEC of their hazardous waste activities prior to transporting, treating, storing, or disposing of hazardous waste, or within 90 days after any amendment to the NYCRR that adds such waste to the hazardous wastes definition.Hazardous waste generators can treat hazardous waste on-site without a permit, provided they meet specific state requirements. Generators must file a hazardous waste reduction plan if they generate 25 or more tons during a calendar year Generators must pay hazardous waste program fees based on per ton of waste generated in a given year. Generators must pay a quarterly fee to the state's Hazardous Waste Remedial Fund.

1. Do I need an EPA ID number to handle hazardous wastes in New York?


Main Hazardous Waste Page: State Hazardous Waste Management Information

Permits and Associated Guidance Documents: Hazardous Waste Permits

2. How do I determine my generator status?

    New York follows the federal rules for defining generator status.

3. How can I tell if the waste materials I handle are considered hazardous wastes?

    New York follows the federal rules for defining hazardous wastes.There is state listed waste containing certain quantities of (PCBs) as hazardous wastes. The state has not adopted the federal exclusion from the definition of hazardous waste for used oil re-refining distillation bottoms used as feedstock to manufacture asphalt products.

4. How long can I store hazardous wastes on site?

    New York generally follows the federal rules for storing hazardous wastes.Hazardous waste storage facilities must pay annual facility and operating fees. Generators can store hazardous waste on-site without a storage facility permit, as long as they comply with federal rules and the state's additional requirements for container and tank management; an LQG secondary containment requirement for liquid hazardous wastes; marking requirements; and special rules for protecting the state's sole source aquifers. If the accumulation of liquid hazardous waste exceeds 8,800 gallons in containers, an LQG must store the entire volume of liquid hazardous waste within an area that has a secondary containment system meeting required standards.Generators must also mark containers and tanks with words that identify the contents, including those in satellite accumulation areas.A label or sign stating "Hazardous Waste" must identify all areas where hazardous waste is accumulated.Generators storing liquid hazardous waste in nine counties that have sole source aquifers must meet more stringent requirements. The counties include: Kings, Nassau, Queens, Suffolk, Schenectady, Saratoga, Albany, Broome, and Tioga. Storage limitations do not apply if the waste is being stored prior to recycling

5. Who can transport and receive the wastes I ship off site?

    New York generally follows the federal rules for shipping hazardous wastes to a TSD.Transporters must also comply with state rules for transporter permits, permit fees, insurance, and operating standards.A permitted transporter must deliver hazardous waste generated and delivered off-site. CESQG's that transport their wastes off-site are not included in this requirement.Before shipment of hazardous waste off-site, the generator must, in writing, confirm that the transporter is authorized to deliver the hazardous waste shipment to the hazardous waste TSDF. The generator also has to obtain written confirmation that the TSDF is authorized, has the capacity, and will ensure that the ultimate disposal method is followed.Prior to shipment, the generator must instruct the transporter that, if an emergency arises that prevents delivery to the designated facility, the transporter must contact the generator for further instructions. If an emergency prevents delivery to the designated TSDF, the generator may orally instruct the transporter where to deliver the shipment, orally confirm the new arrangements with the alternate facility and DEC, send a second manifest to the alternate facility, and file an exception report with DEC concerning the disposition of the first manifest.

6. What records do I have to keep?

    New York follows the federal rules for recordkeeping.Generators must file an annual report and keep on file for at least three years.

7. Do I have to file reports?

    New York generally follows the federal rules for reporting. LQGs must file annual reports with DEC. SQG's must file exception reports.CESQG's who use a manifest are subject to the exception report requirements. All generator reports and records must be furnished to DEC upon request, postmarked within 5 business days of receipt of the written request. The records must be available at all reasonable times for inspection by authorized DEC representatives.

8. What training requirements do I have to meet?

    New York follows the federal rules for training.

9. What differences between states may exist with regard to use of the the new standardized manifest form?

    As of September 5, 2006, the new standardized manifest form (EPA Form 8700-22) and its continuation sheet (EPA Form 8700-22A) must be used in every state to track hazardous waste shipments. There will be no state variations of the new federal form and states may not require information to be included on the form that is in addition to that required by federal rules. That said, some differences between states may exist with regard to use of the form. For New York these differences include:

    Additional Wastes:
    Generators must complete Block 13 Waste Codes. They may designate up to, but not more than, six Waste Codes. If applicable, NYS DEC's "B" type Waste Codes for PCB wastes must be used. Generators must provide the "old Handling Code" for their wastes in Block 13 in certain cases, or else the waste will be assumed to be landfilled. See the Special Assessment Taxes section below for further guidance.

    Exemptions: None.

    Distribution:
    The new manifest form has six sheets (two less than the old form.) This means that the waste Generator will need to make additional copies of the manifest form. They will need to make copies for "Generator State - Mailed by Generator" and "Disposer State - Mailed by Generator" as necessary and submit them to the Generator or Disposer State. Additionally, if a TSDF rejects a waste shipment back to the original Generator or rejects-on to a secondary TSDF, the Generator or secondary TSDF will sign Block 18c to certify receipt of the rejected waste. Once signed in Block 18c, a copy of this form also needs to be submitted to NYS DEC. Hazardous Waste Manifest forms submitted to NYS DEC must be postmarked within 10 days of waste shipment for the generator within 10 days of waste receipt for TSDFs. For shipments of hazardous waste solely by water (bulk), the generator must mail the manifest with all required information and certifications to the designated TSDF or the last water transporter to handle the waste in the United States if exported by water. Copies of the manifest are not required for each transporter. For rail shipments of hazardous waste that originate at the site of generation, the generator must send the manifest dated and signed in accordance with this section the next non-rail transporter, if any; or the designated facility if transported solely by rail; or the last rail transporter to handle the waste in the United States if exported by rail. For shipments of hazardous waste involving a rail or water (bulk) transporter who is not the initial transporter, the generator must complete the manifest and comply with all related requirements.

    Reporting: None.

    Recordkeeping: None.

    Other Notes, Comments::
    Special Assessment taxes have historically been based upon the quantity of hazardous waste and its ultimate disposal method. The ultimate disposal method was ascertained with the use of Handling Codes. These Handling Codes have been removed from the manifest form, and Management Method Codes have been added. Most all of the Management Method Codes provide the ultimate disposal method and, therefore, NYS DEC can continue to calculate Special Assessment taxes. However, some Management Method Codes can not be used to determine the waste's ultimate disposal method, such as H141 which represents storage, bulking, and/or transfer off site. The list of Management Method Codes for which an ultimate disposal method is not able to be determined is H112, H132 and H141. For these Management Method Codes NYS DEC will assume the waste's ultimate disposal method was landfill, unless otherwise notified, and calculate Special Assessment taxes based on such. In these cases the Generator and/or TSDF are directed to enter one of the "old Handling Codes" (B for incineration, R for Recycle and T for Treatment) into one of the associated Waste Code boxes in Block 13 ONLY if the ultimate disposal method is not landfill. See the Hazardous Waste Management Method Code Conversion Table for guidance. Specific Gravity may be provided in Block 14 - Special Handling Instructions and Additional Information to assure accurate conversion of volumetric units into weight. Note: Tons, Metric Tons, Cubic Meters and Cubic Yards should only be reported in connection with very large bulk shipments, such as rail cars, tank trucks or barges. Generators and TSDF's should be aware that Block 11 Total Quantity ONLY applies to the quantity of hazardous waste, and should NEVER include the waste container or packaging. Please see DEC Policy DSH-HW-03-17 Counting of Container and Packaging Weights.

10. What are some other differences between federal and state rules?

    Generators must notify the DEC of their hazardous waste activities prior to transporting, treating, storing, or disposing of hazardous waste, or within 90 days after any amendment to the NYCRR that adds such waste to the hazardous wastes definition.Hazardous waste generators can treat hazardous waste on-site without a permit, provided they meet specific state requirements. Generators must file a hazardous waste reduction plan if they generate 25 or more tons during a calendar year Generators must pay hazardous waste program fees based on per ton of waste generated in a given year. Generators must pay a quarterly fee to the state's Hazardous Waste Remedial Fund.

11. Contacts

  • Stephen Hammond, Director, Division of Solid and Hazardous Materials, (518) 402–8651