Late 2025 Tier II Annual Reporting: NYC Right-to-Know Compliance

Did you miss the March 1 New York City (NYC) Department of Environmental Protection (DEP) Annual Community Right-to-Know (RTK) Tier II Report deadline?

Although the March 1, 2026 deadline for 2025 annual Tier II reporting – which includes facility hazardous chemical inventories – has passed, it important for facilities subject to RTK requirements in accord with NYC Local Law 26 of 1988 to still file their annual reports with the NYC DEP as soon as possible. Otherwise, if you don’t believe your facility requires an annual report, a written document stating why annual reporting is not required should be submitted to the NYC DEP.

Walden has noted that in the months following the annual RTK reporting deadline, NYC DEP representatives increase facility inspection activity. If you haven’t filed, submitting a late Annual Tier II Report or facility exemption request prior to an unannounced facility visit from the NYC DEP may be considered better in the eyes of an inspector than failing to report at all before a facility inspection.

What is the purpose of an Annual Community Right-to-Know (RTK) Tier II Report?

Annual Right‑to‑Know Tier II Reports serve as an official record of the hazardous substances stored, used, and handled at facilities in NYC. The hazardous substance information contained in the annual reports is essential for emergency response agencies, such as the New York City Fire Department (FDNY), who rely on accurate hazardous chemical inventory information to respond safely and effectively during an emergency in or near your building. Having this data on file ensures that first responders are aware of potential hazards, allowing them to protect themselves, building occupants, and neighbors. Updating this inventory each year is essential to ensure that emergency response agencies are aware of any changes in the hazardous chemicals stored at your facility. Accurate, current information allows responders to assess risks quickly and take appropriate protective measures.

What happens if an Annual Tier II Report is not filed with the NYC DEP?

Each year, Walden has observed that NYC DEP representatives increase facility inspection activity in the months following the March 1 deadline. Walden is often contacted by various facilities for help with late filings of Annual Tier II Reports during this time. We have also seen that the NYC DEP gives particular attention to inspecting facilities that have filed in the past but have not yet filed for the last year. If you are no longer required to file an annual report, it is important that you file a timely exemption request to avoid an unexpected violation notice.

Why file a late Tier II Annual Report now?

Completing the missed RTK annual reporting submission now may increase the likelihood of receiving a warning, if a first-time offense, and reduce the likelihood of violations or enforcement actions following NYC DEP inspections. Taking care of the required annual reporting now also supports safer facility operations.

Applicable facilities should take steps now to complete any past due annual reports and make sure their chemical inventories are accurate and up to date to help place their facilities in stronger compliance positions than having not filed at all. Additionally, it should be noted that even if a facility receives a violation or fine, the missed RTK Annual Tier II Report filing will still be required to be completed regardless.

Need help?

If you are unsure of applicability or requirements for your facility with regards to Annual Community Right-to-Know Tier II Reporting, or if you need help with compliance for a missed or late filing, please contact Walden at 516-407-7047.