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

With the year coming to a close, remember that the March 1 Annual Community Right-to-Know Tier II Report Filing Deadline with the New York City (NYC) Department of Environmental Protection (DEP) is fast approaching! For all NYC facilities that handle, use, and store hazardous substances in amounts greater than the Threshold Reporting Quantities (TRQs), Right-to-Know Tier II Reports, including completed Facility Inventory Forms (FIFs) and Safety Data Sheets (SDSs), are soon due. To meet the deadline and avoid potential violations and fines, it is a good idea to start preparing now.

What Is Community Right-to-Know in NYC?

Annual reporting of hazardous substances that are stored, used, or handled at a facility in quantities at or exceeding the TRQs is required under the NYC Community Right-to-Know Law. The annual Right-to-Know Tier II Reports provide information to the public about community hazards and give first responders information about the types of hazards they may encounter at a facility in an emergency. The NYC Community Right-to-Know Law was developed in accord with Title III of SARA, known as the Emergency Planning and Community Right-to-Know Act (EPCRA).

When Is Reporting Required in NYC?

Facilities that store, use, or handle certain hazardous substances present at or above the TRQs set by the NYC Community Right-to-Know Law are required to file an annual Tier II Report. Hazardous substances are chemicals that can cause direct or indirect harm to people in the community or to the environment. Based on the very low TRQs that are set for the protection of human health and the environment, many substances may need to be reported, even in small quantities.

Hazardous substances that may require Annual Community Right-to-Know filing via a Tier II Report may be found in the following:

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

The following types of facilities may need to file an Annual Tier II Report in accord with the NYC Community Right-to-Know Law:

• Automotive repair facilities, car dealerships, service stations, and auto body shops
• Industrial or manufacturing facilities
• Dry cleaning and laundromat facilities
• 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

Filing an Annual Right-to-Know Tier II Report in NYC

The following specific information for each reportable hazardous substance must be included in a Tier II Report for the report to be considered complete:

• Hazardous chemical amounts
• Hazardous chemical properties
• Types of containers the chemicals are stored in
• Hazardous chemical storage locations
• SDSs for each hazardous chemical

A complete Tier II Report can be submitted electronically along with payment of the NYC DEP fees due.

Need Help?

Walden has a team of experts that can assist with your Annual Community Right-to-Know filing. Contact us at 516-407-7047 or visit our website for more information.