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RTK in NYC. Community Right-to-Know In New York City. Who I am: George McCauley Industrial Hygienist/Inspector New York City Department of Environmental Protection (DEP). Joined today by my colleague and friend: Denise Clarke Industrial Hygienist NYC Department of
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RTK in NYC Community Right-to-Know In New York City
Who I am: George McCauley Industrial Hygienist/Inspector New York City Department of Environmental Protection (DEP)
Joined today by my colleague and friend: Denise Clarke Industrial Hygienist NYC Department of Environmental Protection (DEP)
Where we work in DEP: Emergency Response and Technical Assessment Bureau of Police and Security (The Hazmat Group)
Our headquarters in Queens: 96-05 Horace Harding Expressway Corona, NY 11373 (Lefrak City – The ‘Low Rise’ Building)
The hazmat group is nearly all comprised of chemists and chemical engineers. We take our responsibility to protect the public very seriously.
The group is responsible for: Community Right-to-Know Emergency Response Airborne Bio-Organism Surveillance Event Deployment
Clients in the DEP RTK Database: Approximately 17,000 We try to get to everyone once a year.
Origins of RTK Legislation: The Bhopal Disaster December 3, 1984 Bhopal, India (Central Indian state of Madhya Pradesh) Union Carbide Forty Metric Tons in About an Hour
Methyl Isocyanate Synthetic intermediate in carbaryl process At least 8,000 dead Probably half a million affected Litigation ongoing to this day People / Plants / Animals
Eight months later: Union Carbide, Kanahwa Valley, WV August 11, 1985 A second release: Approximately two metric tons
SARA Superfund Amendments and Reauthorization Act Signed by President Ronald Reagan October 17, 1986 A few weeks later: EPCRA
Emergency Planning and Community Right-to-Know Act November 1986 Laws and Regulations adapted by New York City within about two years.
Who needs to file? The owner or operator of a facility must report all hazardous substances in a quantity equal to or greater than a threshold reporting quantity (TRQ) Where to get started? www.nyc.gov/dep/tier2filing
Additionally, Risk Management Plans (RMPs) must be filed for extremely hazardous substances or regulated toxic substances present at or above federally determined levels. (TPQs – Threshold Planning Quantities)
It is the responsibility of each facility to consults NYC’s RTK laws and regulations to determine compliance. Facility exemptions are granted upon written notification to DEP, confirmed by inspection.
What is a hazardous material? Any substance for which a facility must maintain an SDS under the OSHA Hazard Communication Standard.
How does DEP find facilities? Self-reporting Surveys Complaints
If a regulated facility, when do you need to file? In NYC by March 1st of each year.
Types of facilities in our database? Dry Cleaners Automotive Shops Universities Office Towers Utilities Electroplaters Explosives Manufacturers
Are DEP facilities subject to RTK reporting requirements? Answer: Yes (as are all other city agencies)
The Inspection Process: What to expect? Professionalism Courtesy Respect Chemical Competence
There is no need for anxiety. We are not inspecting to ruin your day. Our relationship is ideally symbiotic. The regulators and the regulated share common objectives.
Inspections are generally unannounced. Inspectors carry DEP photo IDs and department-issued shields (badges).
If we arrive at an inopportune time: staff unavailable or otherwise urgently occupied, it is acceptable to request that we reschedule. However, if you are open for business, and staff is available, it is best to let the inspection proceed.
Inspectors will ask to speak with the person identified on the facility inventory form, or his or her delegate, or the building engineer or EH&S officer, and will request an escort of the facility.
Things that should be available: Tier II paperwork SDSs Posted permits for inspection
The inspector will take an inventory, while simultaneously observing general housekeeping. Labeling is a focus. Everything should be labeled. Labeling should be readable, firmly affixed, and representative of contents.
Things we look for: Cross-reactive chemicals adequately sequestered? Flammables in flammables cabinets or storerooms? Gas cylinders chained? Referrals to NYFD or OSHA are possible.
Back at the office in Lefrak, inspections are entered into our inspection database. Does DEP send a copy of the inspection report to clients? No, but ‘in-compliance’ emails are not uncommon.
Notice of Violation (NOV) subsequent to inspection. Primarily for failure to file, much less common for access denied.
Violations are mailed by USPS First Class mail unless we are unable to locate corporate information in NYS DOS (New York State Department of State) registration database. In such cases NOVs are served in person by a Peace Officer.
It is important to respond to a Notice of Violation 1st NOV: $500 increases to $5,000. 2nd NOV: $3,500 increases to $10,000. 3rd NOV:10,000 increases $20,000.
Violations may be contested in person or via counsel: ECB (the Environmental Control Board) 144-06 94th Avenue, Jamaica, Queens. Hearing date is indicated on the NOV (generally, 8-10 weeks from date of inspection).
Most clients do not contest, and simply mail in the fine prior to the ECB hearing date. Repeat violations can get very expensive, and are unnecessary.
Reducing annual filing fees while crafting a safer workplace: Properly dispose of chemicals no longer being used. Review the facility inventory form (FIF) and delist chemicals no longer actually on-site. Remove duplicate entries form the FIF. File yourself if at all possible.
