Amendment to Rules Relating to the Facility Inventory Form Filed Pursuant to the Community Right-to-Know Law.

Adopted Rules: Closed to Comments

Effective Date: 
Friday, March 8, 2019
Download Copy of Adopted Rule (.pdf): 

Statement of Basis and Purpose of Rule

Section 24-705 of the Ad Code provides that DEP “by regulation shall develop a facility inventory form” which is to be filed annually with DEP by facilities in accordance with Ad Code section 24-706 in order to report the presence of certain hazardous substances in facilities.

DEP complied with section 24-705 by promulgating an FIF as Appendix A to the Community Right-to-Know Rules, which are found at Title 15, Chapter 41 of the Rules of the City of New York. However, the FIF which currently appears in Appendix A has not been revised since 1990.

The current FIF needs to be updated for two reasons: First, the United States Environmental Protection Agency (EPA) has amended its hazardous chemical reporting regulations (40 CFR Part 370) to implement the Emergency Planning and Community Right-to-Know Act (EPCRA), as a result of changes to the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS). Following EPCRA, to incorporate the adoption of the OSHA HCS in 40 CFR Part 370, the U.S. EPA is replacing the existing five federal hazard categories for list reporting (Section 311) and annual inventory reporting (Section 312) with 24 new physical and health hazard categories. Since the FIF must reflect EPA’s reporting requirements, it must be changed to accommodate these new categories.

Second, Local Law Number 143 for the year 2013 amended Title 24 of the Ad Code by requiring the department to promulgate rules amending the FIF to include (1) any applicable special flood hazard area zone, as established by the Building Code, and Office of Emergency Management coastal storm and hurricane evacuation zone; (2) a certification that hazardous substance storage is in compliance with department rules and all other applicable federal, state, and local laws, rules and regulations; and (3) a description of how such storage takes into account potential flooding and other extreme weather events.

This rule also makes technical corrections to 15 RCNY §§ 41-03 (definitions), 41-05(a) and 41-12(b) (1).

DEP received one comment regarding the rule. In response to this comment, the words “and used” have been added after the word “stored” in the certification language at the end of the form.

DEP’s authority for this rule is found in New York City Charter section 1043 and Section 24-705 of the New York City Administrative Code.