Prepare for the March 1 Annual Community Right-to-Know Tier II Reporting Deadline

As the year draws to a close, it’s time to prepare for the March 1 Annual Community Right-to-Know Tier II Report Filing Deadline with the New York City (NYC) Department of Environmental Protection (DEP). NYC facilities that store, use, or handle hazardous substances in amounts greater than the Threshold Reporting Quantities (TRQs) must submit a Right-to-Know Tier II Report, including Facility Inventory Forms (FIFs) and Safety Data Sheets (SDSs).

Avoid fines and potential violations by starting your preparation today.

What Is the NYC Community Right-to-Know Law?

The NYC Community Right-to-Know Law requires annual reporting of hazardous substances stored, used, or handled at facilities in quantities exceeding TRQs. These Tier II Reports inform the public about potential community hazards and provide first responders with critical information about substances they may encounter in emergencies.

This law aligns with Title III of SARA, commonly known as the Emergency Planning and Community Right-to-Know Act (EPCRA).

Who Must File a Tier II Report?

Facilities in NYC that store hazardous substances at or above the TRQs set by the NYC Community Right-to-Know Law must file an annual Tier II Report. Hazardous substances include chemicals that pose risks to human health or the environment. Substances requiring reporting, even in small quantities, include:

• • Lubricants, grease, degreasers
  • Petroleum products (e.g., diesel, gasoline, motor oil), brake fluid, antifreeze, etc.
  • Batteries
  • Compressed gas cylinders
  • Cleaning supplies, bleach, wax, solvents, detergents
  • Aerosols, air fresheners, disinfectants, insect repellents
  • Paints, paint thinners, lacquers, dyes
  • Fertilizers and preservatives

Examples of Facilities That Must File

The following NYC facilities may be required to file an Annual Tier II Report under the NYC Community Right-to-Know Law:

• • Automotive repair shops, dealerships, service stations, and auto body shops
  • Manufacturing and industrial facilities
  • Dry cleaning businesses and laundromats
  • Hotels and commercial hospitality businesses
  • Nursing homes and rehabilitation centers
  • Funeral homes and printing facilities
  • Bulk supply stores
  • Research laboratories
  • Other businesses that house hazardous substances

What to Include in Your Tier II Report

To ensure compliance, your Tier II Report must include the following details for each reportable hazardous substance:

• • Hazardous chemical amounts
  • Hazardous chemical properties
  • Types of storage containers
  • Hazardous chemical storage locations
  • Safety Data Sheets (SDSs) for each hazardous chemical

You can submit the report electronically, along with the necessary NYC DEP filing fees.

How to Avoid Common Filing Mistakes

Filing errors can lead to fines or delays. Avoid common issues by:

1. Starting Early: Gather and review all required documents, including FIFs and SDSs.
2. Checking TRQs: Ensure that all hazardous substances are accounted for, even in small quantities.
3. Seeking Assistance: If you’re unsure about compliance, consulting experts can save time and reduce risks.
   

Need Help With Your NYC Tier II Report?

Navigating the requirements of NYC’s Annual Community Right-to-Know Law can be overwhelming. Walden’s team of compliance experts is here to assist. We’ll help you prepare a complete and accurate Tier II Report, ensuring you meet the March 1 deadline.

Contact us today at 516-407-7047 or visit our website to learn more.