Annual NYCDEP Right-to-Know and EPCRA Tier II Reporting

Under the Emergency Planning and Community Right-to-Know Act (EPCRA), certain facilities that store or use hazardous chemicals above applicable reporting thresholds must submit annual Tier II inventory reports. Reporting requirements depend on the types and quantities of chemicals present, including whether they are classified as extremely hazardous substances. Tier II reports are generally due by March 1 each year for the preceding calendar year.

In New York State, facilities subject to EPCRA Tier II reporting must provide required chemical inventory information to the appropriate state and local emergency planning and response authorities. These generally include the State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC), and fire department with jurisdiction over the facility. Applicable reporting procedures determine how this information must be submitted.

New York City also administers a Community Right-to-Know (RTK) Program under Local Law 26 of 1988. Facilities subject to the city’s requirements must submit annual hazardous substance inventory information through the applicable NYC Department of Environmental Protection (DEP) reporting process. Additional state or federal reporting responsibilities may apply depending on the facility.

In New York State, chemical inventory and other pertinent information for a facility must be submitted via a Tier II Report, along with corresponding Safety Data Sheets (SDSs), to the State Emergency Response Commission (SERC), the Local Emergency Planning Committee (LEPC) (such as County or City), and the fire department having jurisdiction over the facility. In New York City (NYC), there is a City Community Right-to-Know (RTK) Program based on Local Law 26 of 1988. An applicable NYC facility is required to complete an annual Tier II Report for submittal to the NYC Department of Environmental Protection (DEP), the NYC Fire Department (FDNY), and/or the New York SERC.

WALDEN’S RIGHT-TO-KNOW SERVICES ARE LISTED BELOW:

• RTK Tier II Reporting
• On-Site Facility Inspection
• Hazardous Substance Inventories
• Hazardous Substance Quantity Calculations
• Safety Data Sheet Compilation
• Online Filing Assistance for NYCDEP or Applicable Regulatory Agencies
• Violation Response Assistance
• Risk Management