The Federal Emergency Planning and Community Right-to-Know Act (EPCRA) was established to prepare and plan for hazardous chemical emergencies in communities. EPCRA requires businesses / industry to report on the storage, usage and releases of hazardous substances to Federal, State, and local government agencies. The information collected is used to prepare for and protect the health and safety of the public and emergency responders from potential exposure related to toxic or hazardous substances and to prevent potential adverse impacts to human health and the environment.
The New York City (NYC) Department of Environmental Protection (DEP) regulates the storage, use and handling of hazardous substances, extremely hazardous substances and regulated toxic substances at or above the federal threshold planning quantities (TPQ) within all five NYC boroughs (Manhattan, Brooklyn, Queens, The Bronx, or Staten Island) through its Community Right-to-Know (RTK) Program.
Owners or operators of applicable facilities that store hazardous substances are required to submit a Tier II inventory report to the appropriate regulatory agency (NYC DEP, NY State, USEPA or other local emergency planning committees / agencies as required) annually by March 1st (for the previous year).
You are required to file if the amount of hazardous substances stored at your facility is at or exceeds the reporting thresholds set (federal TPQ) . Many substances may need to be reported, even in small quantities, based on the very low reporting thresholds.
If you don’t file on time, or file at all, your facility could be subject to violations, penalties and/or fines. In NYC, the NYC DEP could inspect your facility without prior warning, and there can be serious penalties for not submitting your Right-to-Know Filing. Also in NYC, noncompliance or incorrect forms could potentially cost you up to $2,500 and up to one (1) year in prison for your first violation. Potential fines and penalties are increased for repeated violations, and you may be required to appear at a hearing, with no opportunity to simply answer guilty and pay the fine without appearing.
Tier II Reporting includes a Facility Inventory Form (FIF) that specifies the amount, storage location, and chemical nature of all hazardous substances stored during the previous calendar year.
Specifically, your filing requires the following:
If you have any questions regarding your chemical inventory, Federal, NY State or NYC DEP compliance, or Right to Know Tier II filing, check out our Right to Know webpage and contact Walden Environmental Engineering.