Hazardous waste generators in New York must submit annual Tier II reports. Compliance requirements and enforcement are complex and rigid—but organizations that take the time to understand and observe them can ensure adherence, thus avoiding fines and citations while even simultaneously improving operations and safety.
Tier II reports are required of all New York organizations or facilities that store, use, or handle hazardous waste. The New York Department of Environmental Protection (NYDEP) oversees Tier II compliance—which involves disclosing the quantity, location, and characteristics of these substances within their operations.
Strict New York Tier II Regulations
New York City reporting requirements are stricter, overall, than similar federal or even state ones. Noncompliance can harm any organization—exposing them to fines, citations, and negative publicity. The rules are there for a reason, though—they enable greater operational safety in hazardous waste management.
Therefore, itâ€s crucial that organizations with facilities in New York closely reference and adhere to the specific city-level guidelines. Working with organizations of all types, across industries, Iâ€ve seen firsthand what happens to violators. I have also learned all the ways in which full compliance can be attained. To help you get started on your compliance journey, Iâ€ll use five steps to show you exactly how to follow the rules.
1. Determine Reportable Pure Substances
It can be tricky to determine which materials need to be included in a Tier II report. Equally challenging is how to properly report them to the NYDEP. A good jumping off point is the federal Department of Environmental Protectionâ€s (DEPâ€s) “Community Right-to-Know: List of Hazardous Substances,†which outlines materials that require reporting.
To ensure accurate reports, filed efficiently and on time, remember:
Include only the substances you need to include. Not all inventoried materials must be included in a Tier II report. You can search the DEP Community Right-to-Know list using the materialâ€s Chemical Abstracts Service (CAS) number (without dashes) to determine if it requires inclusion in your report. If you cannot find the CAS number on the published DEP list, you donâ€t have record that substance in your report.
Include only required substancesthat meet quantity thresholds. Certain hazardous materials require reporting only when they are present in some certain preset amount—referred to as a total reportable quantity (TRQ). The DEP Right-to-Know list also outlines the TRQ for each substance. Compare your facilityâ€s substance amounts to the TRQ—and only report if your amount in pounds exceeds the TRQ amount.
In summation:
- If you match a substance to a CAS number within the DEPâ€s database, and the quantity in the TRQ column is 0, you must include that material in your report.
- If you match a substance to a CAS number within the DEPâ€s database and the quantity in the TRQ is larger than 0, you should compare the amount of that chemical in your inventory (in pounds) to the TRQ. You must only report that chemical if you possess amounts equal to or larger than the TRQ.
2. Determine Reportable Mixtures
Hazardous material mixtures require search of each ingredient by CAS number.
- If a mixture contains a reportable chemical with a TRQ of 0, the entire mixture needs to be reported.
- On the report itself, under “Check All that Apply†select “Mix.â€
If your mixture contains a reportable chemical—but at a quantity lower than the TRQ, check if that ingredient or chemical exists anywhere else in the inventory.
- If the combined amounts of that chemical throughout the facility are equal to or exceed the TRQ, all instances of that substance in the facility must be reported.
- If the combined amounts of that chemical are below the TRQ, it may not have to be reported.
Proper adherence to these rules can be complex; letâ€s look at a few realistic scenarios:
Example: Acetone, TRQ 10 pounds
Scenario 1: Your inventory contains a single 2-pound bottle of pure acetone. Since this is under the 10-pound TRQ, you donâ€t need to report it.
Scenario 2: You have one bottle of pure acetone that weighs 2 pounds, but you also have 5 pounds of a mixture that contains 80% acetone and 20% water (4 pounds of acetone to 1 pound water). Since the total combined quantity of acetone is under 10 pounds (4 pounds + 2 pounds is 6 pounds), neither the pure substance in the bottle nor the mixture must be reported.
Scenario 3: You have one bottle of pure acetone that weighs 2 pounds—but you also have 10 pounds of a mixture that contains 80% acetone and 20% water (8 pounds of acetone and 2 pounds of water). The 8 pounds of acetone in the mixture plus the 2 pounds of pure acetone equals 10 total pounds of acetone total. Since this is equal to the TRQ, you must report both the bottle of pure acetone and the mixture.
3. List Mixture Ingredients for Reportable Mixtures
If there is at least one ingredient in the mixture that is above its TRQ, thenall ingredients ina reportablesubstance should be listed in the Tier II report.When filing the report,hit the“Add New Mixture Components†tab. Then, using CAS numbers only (without dashes),search for the mixture ingredientsindividually.
- If the CAS number matches a chemical in the DEP database, select it and enter the percentage of that chemical in the mixture.
- If there is no match for the CAS number, enter the chemical name and the percentage of the chemical in that mixture.
- Mixture components should add up to 100%. If the SDS lists ingredients that do not add up to 100%, you can add a component called “Proprietary†and assign it a percent value to bring the total sum of mixture components to 100%.
4. Consider Compressed Gases and Aerosols
Compressed gases and aerosols also need to be reported on. When uploading information on these, consider that:
- If it is an aerosolized liquid, you should select “liquid†under “Check all that apply.â€
- Under “Physical Hazards,†you should select “Gas under pressure (compressed gas)â€
- Under “Storage Codes and Locations,†pressure should be “Greater than ambient pressureâ€
5. Don’t Forget Extremely Hazardous Substances
The DEP considers 590 materials “Extremely Hazardous Substances†(EHSs). Facilities that use and store EHSs at or above the Threshold Planning Quantity (TPQ) are required to submit a risk management plan to the DEP.
- Even if a substance is an EHS, you can still find the TPQ in the DEPâ€s list of hazardous substances.
Community Right-to-Know: List of Hazardous Substances Definitions
The DEPâ€s “Community Right-to-Know: List of Hazardous Substances†contains not just the specific reportable chemicals, but also a wealth of important reporting information that will help ease reporting. It explains topics like:
- Reportable Quantity (RQ), which refers to the minimum threshold amount for reporting a spill.
- How TPQ only applies to EHS.Facilities using or storing EHSs at or above the TPQ must submit a risk management plan to the DEP.
- TRQ, which is a substanceâ€s minimum threshold amount that mandates its reporting.
Quick Tip: Unit Conversions
The DEP platform willrequire youtoassigneach substancea weightin pounds.Most chemicals and mixtures arequantified by volume, however, during purchasing or when taking inventory. The table belowofferssomeconversions of common units to pounds:
| Unit | Pounds |
| 1 Milliliter | 0.0022 |
| 1 Liter | 2.2046 |
| 1 Gram | 0.002204623 |
| 1 Ounce | 0.0625 |
| 1 Kilogram | 2.20462 |
| Gas – Cubic Feet | Density of Gas * # of Cubic Feet |
Partnering for Success
Tier II reporting requirements, especially in New York City, are extremely specific. It can be hard for environmental, health, and safety (EHS) or operations managers to determine what they must report—not to mention the difficulties in understanding the nuances of the report-building software. These complexities detract from organizational core competencies and take time away from other key operational needs.
To maintain focus and efficiency, compliance and EHS teams should turn to a competent reporting partner. Triumvirate Environmental has consultants and EHS teams in New York City and beyond who are ready to help you successfully and compliantly report on your hazardous materials. Interested in learning more about what we can provide? Read on to learn more about EHS compliance reporting.
