To help ensure employee, public and environmental safety, NYC Community Right-To-Know Filing and SARA Title III requires that certain commercial, industrial and even public facilities fulfill these obligations:
Your facility must file an annual Tier II or Facility Inventory Form (FIF) if you:
Note that the more stringent NYC Community Right-to-Know law also requires annual filing if you have hazardous substances or Extremely Hazardous Substances (EHSs) in amounts that meet or exceed their specific Threshold Reporting Quantitys (TRQs) at any one time during the entire reporting year.
What to do? Submit a Tier II or NYC FIF by March 1st of each year and also submit an MSDS for each reportable chemical or substance to the NYC Department of Environmental Protection (DEP) and the NYC FD by March 1st.
If any EHS at your facility is at or above the Threshold Planning Quantity (TPQ) at any time during the reporting year, you must participate in community emergency planning.
What to do? Send a letter to the State Emergency Response Commission (SERC), stating you are in compliance with relevant requirements. Designate a Facility Emergency Coordinator to participate in emergency planning and provide their name to the NYC DEP or Local Emergency Planning Committee.
Emergency Release Notification.
Should your facility have a spill or release of any Reportable Quantity, of an Extremely Hazardous Substance at or above TRQ, or of a hazardous substance listed in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), you must report the accident right away.
What to do? Call 311 immediately. You must also provide a letter to the DEP and SERC.
Toxic Chemical Release Inventory.
You must comply with this requirement if:
What to do? Submit Form R to both SERC and the EPA by July 1st.
If you’re uncertain about compliance or filing requirements, an environmental consultant can help with specific details or developing a comprehensive compliance program.