The RCRA Recordkeeping Requirements in New York

A question from a past attendee of one of my RCRA TRAINING WEBINARS:

Hello Daniel,
I reviewed the material from our training and see that recordkeeping for Haz Waste is to maintain record for 3 years from last effective date.
I have inherited the file cabinet for our facility and have records going back to 1991. Is there some other requirement for NY that I may be missing or am I due for a file clean up?

My reply that same day (I must have been in the office):

That is a good question. New York may have recordkeeping requirements that are more strict than those of USEPA. It is possible that they may require a longer retention period for RCRA records, though I have not seen any indication of this.

Since the recordkeeping requirements are not in one location in the regs but are spread throughout, finding an answer I can offer with confidence will not be easy (i.e. it will take me time that you will have to pay me for). One quick way to get a good answer is to contact the NYS Department of Environmental Conservation:

NYSDEC
Division of Environmental Remediation
625 Broadway
Albany, NY 12233-7012
518-402-9764
Send us an email

I hope this helps.

Dan

OK. Not my best response. But look! I invested a little time in some research of the hazardous waste regulations of the New York State Department of Environmental Conservation and came up with this reply on March 18th:

I was curious about your question and decided to pursue it further. I confirmed with a representative of the NYSDEC (and by referencing the regulations) that the RCRA recordkeeping requirements in New York are the same as those of the USEPA (i.e. three years from its effective date).

However, NYSDEC has an addtional requirement at NYCRR Part 372.2(c)(1)(iv):

All records required under this subdivision must be furnished to the Department upon request, postmarked within five business days of receipt of a written request.

So, you must be prepared to mail copies of your records (3 years worth) to NYSDEC if they request them in writing.

Keeping records beyond the time required by regulations is a business decision that I suggest you decide with the involvement of other parties in your company (maybe even lawyers!). There are pros and cons to keeping records beyond the specified time frame.

See NYCRR Part 372.2(c)(1(iv) for yourself:

(c) Reporting and record keeping requirements.

(1) Record keeping.

(i) A generator must keep a copy of each complete manifest document as a record for at least three years from the date the waste was accepted by the initial transporter.

(ii) A generator must keep a copy of each Annual Report (paragraph (2) of this subdivision) and Exception Report (paragraph (3)) for a period of at least three years from the due date of the report.

(iii) A generator must keep records of any test results, waste analyses, or other determinations made in accordance with paragraph (a)(2) of this section for at least three years from the date that the waste was last sent to on-site or off-site treatment, storage or disposal.

(iv) All records required under this subdivision must be furnished to the Department upon request, postmarked within five business days of receipt of a written request. A generator must make such records available at all reasonable times for inspection by any officer, employee, or representative of the Department who is duly designated by the commissioner.

(v) The record keeping periods referred to in this section are extended automatically beyond the three-year period during the course of any unresolved enforcement action regarding the regulated activity, or as requested by the commissioner.

Thank you and please don’t hesitate to contact me with any questions.

I’m not aware of any state with an authorized hazardous waste program that has a requirement to keep records related to hazardous waste management longer than three years, do you?

Read this article on the hazardous waste recordkeeping requirements of the USEPA: How long to keep records related to hazardous waste management.

And then contact me with any questions you may have about the management of hazardous waste in New York.