right to know 2012

Walden AssociatesWalden Associates

NYCDEP Right-To-Know 2012NYCDEP Right-To-Know 2012NYCDEP Right-To-Know 2012NYCDEP Right-To-Know 2012

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Presented By:Presented By:

Joseph M. Heaney III P.E.Joseph M. Heaney III P.E.PresidentPresident



• EPCRA was created 25 years ago as part of SARA reauthorization EPCRA was created 25 years ago as part of SARA reauthorization of Superfund to help communities plan for emergencies involving of Superfund to help communities plan for emergencies involving hazardous substances and help increase publichazardous substances and help increase public’’s knowledge of s knowledge of toxic chemicals in the communities/ workplace.toxic chemicals in the communities/ workplace.

• EPCRA mandates that New York City businesses including auto EPCRA mandates that New York City businesses including auto body shops and other commercial, industrial or public facilities body shops and other commercial, industrial or public facilities share with their communities the potentially hazardous materials share with their communities the potentially hazardous materials used on-site. used on-site.

• Since the 9/11 attacks, New York City added enforcement to Since the 9/11 attacks, New York City added enforcement to EPCRA reporting requirements due to security concerns. NYC EPCRA reporting requirements due to security concerns. NYC DEP implements the EPCRA program and charges fee.DEP implements the EPCRA program and charges fee.

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• New York City mandates all businesses either file RTK New York City mandates all businesses either file RTK documents or write a letter declaring non-applicability.documents or write a letter declaring non-applicability.

• Businesses that use any substance on the NYCBusinesses that use any substance on the NYC’’s List of s List of Hazardous Substances at or above its Hazardous Substances at or above its ““threshold reporting threshold reporting quantityquantity”” (TRQ) including in the mixture, must file Facility (TRQ) including in the mixture, must file Facility Inventory Form (FIF). Inventory Form (FIF).

• The FIF form must be accompanied by the substances The FIF form must be accompanied by the substances ““Material Material Safety Data SheetSafety Data Sheet”” along with applicable filing fee, and mailed along with applicable filing fee, and mailed

to the NYCDEP.to the NYCDEP.

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• DEP RTK program also allows the business to file on-line through DEP RTK program also allows the business to file on-line through their Tier II Filing System.their Tier II Filing System.

• To file the FIF electronically, each facility is required to register To file the FIF electronically, each facility is required to register and obtain a password. Facilities that filed in previous years, doand obtain a password. Facilities that filed in previous years, donn’’t need to register again.t need to register again.

• Filing your FIF electronically saves time and money Filing your FIF electronically saves time and money

($$$ recommended!).($$$ recommended!).

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• All NYC business that use hazardous substances must submit All NYC business that use hazardous substances must submit their 2011 Hazardous Materials Inventory to NYCDEP and their 2011 Hazardous Materials Inventory to NYCDEP and NYCFD by March 1, 2012.NYCFD by March 1, 2012.

• Anticipated annual Anticipated annual ““holding feeholding fee”” of $400-600 per business. DEP of $400-600 per business. DEP conducts inspections and fines range between $500-3,000 for conducts inspections and fines range between $500-3,000 for incorrect or incomplete filing.incorrect or incomplete filing.

• If you need help with the RTK filing or have any questions, please If you need help with the RTK filing or have any questions, please contact any of the Walden Associates staff members. contact any of the Walden Associates staff members.

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Joseph M. Heaney III P.E.Joseph M. Heaney III P.E.PresidentPresident

Walden AssociatesWalden Associates16 Spring Street16 Spring Street

Oyster Bay, NY 11771Oyster Bay, NY 11771Phone (516) 624-7200Phone (516) 624-7200

Fax (516) 624-3219Fax (516) [email protected]@walden-associates.com

[email protected]@walden-associates.com

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