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)
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: chemical engineers.
Airborne Bio-Organism Surveillance
Clients in the DEP RTK Database: chemical engineers.
We try to get to everyone once a year.
Origins of RTK Legislation: chemical engineers.
The Bhopal Disaster
December 3, 1984
(Central Indian state of Madhya Pradesh)
Forty Metric Tons in About an Hour
Methyl Isocyanate chemical engineers.
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: chemical engineers.
Union Carbide, Kanahwa Valley, WV
August 11, 1985
A second release:
Approximately two metric tons
SARA chemical engineers.
Superfund Amendments and Reauthorization Act
Signed by President Ronald Reagan
October 17, 1986
A few weeks later:
Emergency Planning and Community chemical engineers.
Laws and Regulations adapted
by New York City
within about two years.
Who needs to file? chemical engineers.
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?
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? NYC’s RTK laws and regulations to determine compliance.
Any substance for which a facility must maintain an SDS under the OSHA Hazard Communication Standard.
How does DEP find facilities? NYC’s RTK laws and regulations to determine compliance.
If a regulated facility, when do you need to file? NYC’s RTK laws and regulations to determine compliance.
In NYC by March 1st of each year.
Types of facilities in our database? NYC’s RTK laws and regulations to determine compliance.
Are DEP facilities subject to RTK reporting requirements? NYC’s RTK laws and regulations to determine compliance.
(as are all other city agencies)
The Inspection Process: NYC’s RTK laws and regulations to determine compliance.
What to expect?
There is no need for anxiety. NYC’s RTK laws and regulations to determine compliance.
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. NYC’s RTK laws and regulations to determine compliance.
Inspectors carry DEP photo IDs and department-issued shields (badges).
If we arrive at an inopportune time: NYC’s RTK laws and regulations to determine compliance.
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: 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.
Tier II paperwork
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: observing general housekeeping.
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. our inspection database.
Primarily for failure to file, much less common for access denied.
Violations are mailed by USPS First Class mail our inspection database.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 our inspection database.
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: our inspection database.
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.
Enforcement Discretion prior to the ECB hearing date.
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.
See you at the next inspection! workplace: