Now Is the Time to Start Preparing for Your Annual Right-to-Know Tier II Reporting

The New York City (NYC) Department of Environmental Protection (DEP) Annual Right-to-Know filing deadline is just around the corner for facilities handling or storing hazardous substances. If your facility is required to file an annual Tier II Report under the NYC DEP Right-to-Know Program, you must ensure that all filing is completed by the March 1st deadline and that all payments are made by their allotted due dates. Failure to complete either of these steps will result in a penalty that could lead to a fine of up to $2,500 for the first violation. If you haven’t already started getting the information together for your annual report, the time to start is now.

What Is Right-to-Know and Why Is It Important?

The NYC DEP regulates the various hazardous substances that may be present in each business and/or facility through the Right-to-Know Program. Information on these hazardous substances is collected annually to provide to emergency responders. It’s important for first responders like fire fighters to have access to this information so they understand the hazards they might face in an emergency.

What Is Needed for Right-to-Know Annual Tier II Reporting?

Below is a summary of the information you will need to get together to complete your annual Tier II Report.

• Facility Information—Includes the name of the owner, the address of the facility, contact information of the owner, etc.
• The Chemical Names—Note the product and the types of chemicals within each product. Ensure that each product is properly labeled with the chemical name and CAS ID number of the hazardous substances in each product.
• The Chemical Quantities—List the volumes of each chemical based on how much of the chemical makes up the product (typically listed as a percentage) and the holding size of the container it is in. The volumes then need to be converted to weight in pounds. If the weight of the chemical is over the Threshold Reporting Quantity, it must be listed in the report and properly labeled with its chemical name and CAS ID number.
• The Safety Data Sheets (SDS)—Every chemical in your facility should have a SDS associated with it. These sheets will list the specific hazardous chemicals associated with each product along with certain properties of the product, like its density or its corrosiveness. They must be presented during the filing process and kept somewhere in an organized fashion so they can easily be found.
• Payment—A fee must be paid to the NYC DEP for a facility, which will be calculated after your report is complete. The amount you pay depends on the quantity of hazardous substances handled and stored at the facility.

If you have any questions about Right-to-Know filing or need help completing your Annual Tier II Report, please refer to Walden’s Right-to-Know webpage and contact us at 516-758-1273.