To help ensure the safety of employees and the public and safeguard the environment, NYC Community Right-To-Know Filing and SARA Title III require that certain commercial, industrial and even public facilities fulfill these obligations:
Annual Inventory
Your facility must file an annual Tier II or Facility Inventory Form (FIF) if you:
- Maintain on-site during the year 10,000 pounds or more of any EPA-designated hazardous chemical that also requires a Material Safety Data Sheet (MSDS) (now called a safety data sheet or SDS) according to the OSHA hazardous chemicals list, or
- Operate a retail service station that sells gasoline or diesel primarily to the public for motor vehicle use and also stores at least 75,000 gallons of gasoline or 100,000 gallons of diesel (total of all grades) on-site. You may qualify for a new threshold if you continuously meet Underground Storage Tank standards during the entire year.
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 Quantity (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 SDS for each reportable chemical or substance to the NYC Department of Environmental Protection (NYCDEP) and the Fire Department of the City of New York (FDNY) by March 1st.
Emergency Planning
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 NYCDEP 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 NYCDEP and SERC.
Toxic Chemical Release Inventory
You must comply with this requirement if:
- Your facility falls within SIC codes 20-39, and
- You employ at least ten people, and
- You used at least 10,000 pounds of a reportable toxic chemical, or you manufactured or processed at least 25,000 pounds of a reportable toxic chemical during the year.
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 develop a comprehensive compliance program tailored to your specific needs.