Avoid Violations by Filing Your Annual Right-to-Know Tier II Reports with the NYC DEP on Time!

Annual Right-to-Know Tier II Report Filing season is upon us, and it’s important to file on time in New York City (NYC) to avoid receiving a violation and possible fine. The deadline for submitting these filings to the NYC Department of Environmental Protection (DEP) is March 1!

I Never Filed Before…Does Annual Reporting Apply for My Facility?

Right-to-Know Tier II Reports are required for facilities that store, use, or process hazardous substances in amounts at or above Threshold Reportable Quantities (TRQ) within the five boroughs of New York City.

Facilities that are required to file Tier II Annual Reports under the Right-to-Know program include:

• Industrial and manufacturing facilities
• Dry cleaning and laundromat facilities
• Car dealerships, service stations, auto body shops, and repair facilities
• Nursing homes and rehabilitation centers
• Research and analytical laboratories
• Hotels and commercial hospitality businesses
• Funeral homes
• Printing facilities
• Bulk supply stores
• Other businesses that house hazardous substances

What Types of Chemicals Are Reportable Hazardous Substances?

Facilities to which the Right-to-Know Program applies may handle or store the following types of products/chemicals that may be included in the regulated hazardous substances list:

• Petroleum products (diesel, gasoline, motor oil), brake fluid, antifreeze, etc.
• Lubricants, greases, degreasers
• Paints, paint thinners, lacquers, dyes
• Cleaning supplies, bleach, wax, solvents, detergents
• Aerosols, disinfectants, pest control products
• Batteries, fertilizers, preservatives, lead welding rods
• Compressed gas cylinders
• Above ground storage tanks (ASTs) and underground storage tanks (USTs)

What Do I Need for My Annual Tier II Report?

Annual reports require an inventory of applicable hazardous substances handled and stored at your facility. This inventory is filed in a Facility Inventory Form (FIF) that indicates the amount of each hazardous substance and the location of each substance within your facility. Additionally, the Tier II Report requires that Safety Data Sheets (SDSs) are also submitted for each hazardous substance indicated in their FIF, as part of the annual report.

What Is the Penalty for Not Filing?

Failure to submit your Annual Tier II Report to the NYC DEP before the deadline could result in receiving a violation and penalties. Receiving a violation of the New York City Local Law #26 Chapter 7 (41-12)(b) could result in the following fines:

• First Violation: $250 – $2,500
• Second Violation: $1,750 – $5,000
• Subsequent Violations: $3,750 – $10,000

If you haven’t filed yet and need help completing your Right-to-Know Tier II Annual Reports, have questions, or recently were inspected by the NYC DEP and received a violation, Walden can help. Call us at 516-758-1273 or email us at rtk@walden-associates.com.