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
New York City
New York City Department
Emergency Response and Technical Assessment
Bureau of Police and Security
(The Hazmat Group)
96-05 Horace Harding Expressway
Corona, NY 11373
(Lefrak City – The ‘Low Rise’ Building)
We take our responsibility to protect the public very seriously.
Airborne Bio-Organism Surveillance
We try to get to everyone once a year.
The Bhopal Disaster
December 3, 1984
(Central Indian state of Madhya Pradesh)
Forty Metric Tons in About an Hour
Synthetic intermediate in carbaryl process
At least 8,000 dead
Probably half a million affected
Litigation ongoing to this day
People / Plants / Animals
Union Carbide, Kanahwa Valley, WV
August 11, 1985
A second release:
Approximately two metric tons
Superfund Amendments and Reauthorization Act
Signed by President Ronald Reagan
October 17, 1986
A few weeks later:
Laws and Regulations adapted
by New York City
within about two years.
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?
(TPQs – Threshold Planning Quantities)
Facility exemptions are granted upon written notification to DEP, confirmed by inspection.
Any substance for which a facility must maintain an SDS under the OSHA Hazard Communication Standard.
In NYC by March 1st of each year.
(as are all other city agencies)
What to expect?
We are not inspecting to ruin your day.
Our relationship is ideally symbiotic.
The regulators and the regulated share common objectives.
Inspectors carry DEP photo IDs and department-issued shields (badges).
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.
Tier II paperwork
Posted permits for inspection
Labeling is a focus. Everything should be labeled. Labeling should be readable, firmly affixed, and representative of contents.
Cross-reactive chemicals adequately sequestered?
Flammables in flammables cabinets or storerooms?
Gas cylinders chained?
Referrals to NYFD or OSHA are possible.
Does DEP send a copy of the inspection report to clients?
No, but ‘in-compliance’ emails are not uncommon.
Primarily for failure to file, much less common for access denied.
In such cases NOVs are served in person by a Peace Officer.
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.
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).
Repeat violations can get very expensive, and are unnecessary.
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.