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(a) The risk management plan shall include a risk reduction program.
(b) The risk reduction program shall include the following components:
(1) Consideration of the use of alternative substances and equipment to eliminate or reduce the use of EHS's or regulated toxic substances in a covered process(es). A facility that eliminates or reduces the use of EHS's or regulated toxic substances below the TPQ for such substances by implementing alternatives will not be required to comply with 15 RCNY §§ 41-08 through 41-12.
(i) A responsible party must make the following considerations with respect to the use of alternative substances and equipment;
(A) an assessment of the uses of EHS's and regulated toxic substances in a covered process(es);
(B) an examination of alternative substances and equipment to reduce or eliminate the use of EHS's and/or regulated toxic substances in a covered process(es);
(C) a timetable for implementing alternatives that are technically and economically feasible.
(ii) Mechanisms to facilitate the use of alternative substances and equipment shall include but not be limited to any of the following:
(A) modification or redesign of production processes and/or products;
(B) changes in materials usage, handling and storage practices, including improved inventory control, preventive maintenance and spill and leak prevention;
(C) use of closed-loop reclamation, reuse or recycling processes;
(D) use of other on-site recycling techniques.
(iii) To verify compliance with this section, a responsible party must submit a summary report demonstrating the consideration of the use of alternative substances and equipment.
(2) A pre-start-up safety review of the design of new or modified equipment and/or covered processes prior to operating such equipment and/or processes at a facility. A pre-start-up review is not required for the replacement of equipment or covered processes, if such replacements have the same design specifications as the existing equipment or covered processes. A pre-start-up review shall include the following:
(i) an evaluation of the construction of equipment to determine that the equipment meets manufacturer's design specifications;
(ii) an evaluation to determine if safety procedures, operation and maintenance procedures, and emergency procedures for equipment and covered processes, are in place and are adequate. A responsible party shall replace any procedures that are determined to be inadequate.
(iii) a review to ensure that for all new equipment and covered processes all recommendations made as a result of the hazard analysis required by 15 RCNY § 41-10(b)(4) have been implemented.
(3) Written standard operating procedures that provide clear instructions for the safe operation of all equipment and covered processes, which shall include the following:
(i) the initial start-up procedures for each operating phase;
(ii) the normal operating procedures for each operating phase;
(iii) procedures for the normal shutdown of each operating phase;
(iv) emergency shutdown procedures including the condition under which emergency shutdown will be required, and the assignment of shutdown responsibility to qualified operators;
(v) procedures for start-up following a turnaround or after an emergency shutdown;
(vi) procedures for emergency operation during each operating phase;
(vii) the consequences of deviating from the standard operating procedures;
(viii) a list of steps required to restore normal operation following deviation from the standard operating procedures;
(ix) the precautions necessary to prevent exposure to EHS and regulated toxic substances including engineering controls and the use of personal protective equipment;
(x) the control measures that will be taken of an individual who experiences physical contact or airborne exposure to an EHS or regulated toxic substance;
(xi) a list of any special or unique hazards;
(xii) the availability of standard operating procedures to employees who work with or maintain a process;
(xiii) regular review of standard operating procedures to ensure that they conform with this section;
(xiv) development and implementation of safe work practices such as lock out/tag out devices, confined space entry, opening of equipment or piping, and controls over the entrance into a facility of maintenance workers, contractors, laboratory workers, and other support personnel;
(xv) description of type, location, and purpose of all safety relief devices, interlocks, alarms, detectors, controls, and activation points;
(xvi) development of a table of contents and record of change in standard operating procedures; and
(xvii) schedule of operator attendance at all times during the operation of covered process, including off-shifts, weekends, and turnarounds.
(4) A training program for operators of a covered process that ensures that personnel involved with EHS and/or regulated toxic substances understand the standard operating procedures developed in accordance with subdivision (b)(3) of this section. The training program shall include the following:
(i) instruction in emergency operation and emergency shutdown procedures;
(ii) informing employees of the safe work practices developed in accordance with subdivision (b)(3)(xiv) of this section; and
(iii) the owner must provide a formal written training program. The written program shall include descriptions, qualification procedures, reference materials, training methods, and trainer qualifications. The program shall include instruction for recordkeeping as well as procedures and a schedule for evaluating training effectiveness;
(iv) refresher training that must be conducted at least once every three years.
(5) A preventive maintenance program for equipment. A responsible party shall develop a list of equipment and controls the failure of which could result in a significant accidental release. The list shall include pressure vessels, storage tanks, piping systems including valves, relief and vent systems and devices, emergency shutdown systems, controls such as monitoring devices, sensors, alarms, and interlock devices and pumps.
(i) a maintenance schedule for equipment shall be developed based upon manufacturers' recommendations where applicable or the experience of facility operators.
(ii) a record of routine maintenance, inspection, testing, and equipment repairs shall be logged at the facility, and shall include the action taken, the date of the action, and who performed the action. Such records shall be kept on premises for five years.
(6) Implementation of accident release investigation procedures for identifying the causes of releases including fires and explosions. Accident investigation procedures shall be initiated as promptly as possible, but not later than 48 hours following a significant accidental release. Such procedures shall include the following:
(i) a responsible party shall develop a list containing a history of significant accidental releases at a facility including a chronicle of significant accidental releases of EHS's and regulated toxic substances, the reporting history of significant accidental releases of EHS's and regulated toxic substances, and a record of the community response and interaction related to any significant accidental releases;
(ii) preparation of the accident investigation report which shall include:
(A) time and location of the accidental release;
(B) identity, amount, and duration of the release;
(C) equipment, materials, procedures, and personnel involved;
(D) determination as to whether the accidental release was caused by human error, a procedural inadequacy, or equipment failure;
(E) detailed description of the accident, including the number of evacuees, injuries, fatalities, and the impact on the community;
(F) recommendations for preventing a recurrence, including retraining or reassignment of employees determined to be lacking in knowledge or operating procedures and safety practices; and
(G) signatures and position titles of the investigators.
(7) Safety audits shall be conducted at least once every three years in order to certify that a facility is in compliance with these Rules.
(i) a report of the findings of the audit shall be developed and submitted to the Department as part of the risk management plan;
(ii) as part of the report, a responsible party shall record any response taken as a result of the findings of the audit.
(iii) the two most recent safety audit reports shall be retained at the facility.
(8) Management of change procedures that shall consist of written procedures which address the following considerations prior to any changes in a covered process.
(i) the impact of the proposed change on the likelihood of a significant accidental release;
(ii) the necessary modifications to standard operating procedures as a result of the proposed change;
(iii) informing and training of employees that are involved in a process that will be affected by a proposed change prior to the start-up of the change; and
(iv) updating if any part of the risk management plan required by this Regulation if a change is implemented.
(Amended City Record 10/2/2018, eff. 11/1/2018)
(a) The risk management plan shall include an emergency response program.
(b) The emergency response program shall contain the following components:
(1) A general site plan which shall consist of a general site map layout. A general site map example and list of map symbols is set forth in Appendix B of this chapter. If it becomes necessary to use any other symbol on such map, the preparer shall include a reference of the symbol. Colors shall not be used on the site map. For sites with more than one building, a general layout on one page and separate map pages for floor or area shall be used. An 8 1/2" by 11" size map on grid paper shall be used only. The following elements shall be included as part of the general site map layout:
(i) outline of buildings and areas within the property including parking lots, internal roads, alleys, and streets adjacent to a facility;
(ii) designation of all adjacent property uses such as commercial or residential, and a list of the exact street address of all public institutions (e.g., hospitals, health care facilities, day care centers, schools, hospices, places of assembly), within one-half mile of the facility;
(iii) a layout of all storage areas for EHS's and regulated toxic substances, and turn-off valves for water, electricity, and gas;
(iv) directional orientation (north arrow);
(v) water supplies to include the nearest fire hydrants, size of mains and cross connects, pressure/gravity tanks, suctions from rivers and bodies of water;
(vi) all sewers, transformer vaults, high voltage lines, air conditiong intakes, tunnels, bridges, railroads, and subways within 200 feet of the facility.
(2) An individual site plan which shall consist of an individual facility/building map layout. A specific floor or area map is required for each building in accordance with the 8 1/2 × 11 map grid provided in Appendix B of this chapter. Colors shall not be used on the map grid. An individual facility/building map shall include the following elements: (i) outline of building including the height, area, and type of construction areas;
(ii) fire rated corridors within the building, if known;
(iii) location of each building with respect to the street;
(iv) location of all areas where EHS's and regulated toxic substances are stored or used.
(3) A responsible party shall appoint an emergency response coordinator who shall be knowledgeable about EHS's and regulated toxic substances and shall be knowledgeable about all facility operations and the layout of a facility. The emergency response coordinator shall be on duty during normal working hours or when otherwise required by the Department. The emergency response coordinator shall have the following responsibilities:
(i) coordinate emergency response efforts with the emergency response agencies on a 24-hour basis. The emergency response coordinator shall maintain a list at a facility of the names, titles, and office and home telephone numbers of contacts in each emergency response agency;
(ii) review the emergency response plan with each facility employee, upon its completion and approval each year the plan is submitted to the Department, upon the initial assignment of emergency response duties, and when the emergency response plan is changed in accordance with subdivision (b)(5)(xiii) of this section;
(iii) maintain a log of all reviews required by this section. These logs shall be available for inspection for three years;
(iv) critique the facilities response in follow-up to an accidental release of an EHS or regulated toxic substance within thirty days of such a release. Such critique shall be written and copies retained at the facility for three years;
(v) identify a deputy emergency response coordinator who shall perform the duties of the emergency response coordinator when he or she is not present at the facility. The deputy emergency response coordinator must meet the qualification requirement set forth in subdivision (b)(3) of this section.
(4) An emergency response plan which shall include:
(i) a list of all employees designated response duties in the emergency response plan, including a description of such duties.
(ii) a list of emergency response, personal protective, and mitigation equipment, and the location of such equipment at the facility. The list shall include portable monitoring equipment for detecting EHS's and regulated toxic substances. Such equipment shall be placed in a location that will reduce the likelihood of its damage, inoperability or inacessibility, should an accidental release occur;
(iii) written procedures for the use of emergency response equipment and for the inspection, testing, and maintenance of such equipment by facility personnel. The maintenance of such equipment shall be recorded in a log book. Such log books shall be kept on the premises for a three-year period and be readily available for inspection;
(iv) training of employees given response duties in the emergency response plan in emergency response procedures. Such training shall address the use of personal protective equipment and emergency response equipment.
(v) conduct a minimum of one drill per year to evaluate the effectiveness of the emergency response plan, and prepare a written assessment of the emergency response plan following each drill and when the emergency response plan is actually implemented. Such written assessments shall be kept on the premises for a three-year period and shall be readily available for inspection.
(vi) procedures for reporting fires and other emergencies to emergency response agencies, including back-up reporting procedures;
(vii) emergency evacuation procedures including:
(A) routes and protective actions for employees that are not given response duties in the emergency response plan;
(B) on-site notification procedures to identify evacuation areas.
(C) maps of primary and alternate evacuation routes.
(D) designation of primary and alternate assembly areas.
(E) a list of all personnel and procedures to account for all personnel after emergency evacuation has been completed.
(F) procedures for determining a safe distance from the facility and, if needed, a primary and alternate place or refuge.
(G) site security and control.
(vii) installation of an audible employee alarm system that complies with 29 C.F.R. § 1910.165.
(ix) procedures for the administration of first aid and other emergency medical treatment necessary to treat human exposure to each EHS and regulated toxic substance located at the facility.
(x) procedures for medical surveillance of emergency responders at the facility if any exists.
(xi) decontamination procedures for employees.
(xii) a training program designated to train a sufficient number of persons to assist in a safe and orderly emergency evacuation of employees.
(xiii) the emergency response plan shall be updated annually and within thirty days of the following occurrences:
(A) When a reported quantity of an EHS or regulated toxic substance is increased by 25% or more.
(B) A previously unreported EHS or regulated toxic substance is added to a facility's inventory.
(C) A significant change is made to the operations of a facility, which increases the potential for a release of an EHS or regulated toxic substance.
(D) When the results of a emergency response drill, conducted in compliance with subdivision (b)(5)(v) of this section, demonstrates that, in the interest of facility safety or public safety, a change in the emergency response plan is warranted.
(xiv) the responsible party shall maintain a copy of the emergency response plan at the facility at all times, and shall include the names and regular job titles, and business and home telephone numbers of persons, including those of the emergency response coordinator and deputy emergency response coordinator or departments who can be contacted for further information or explanation of duties under the plan, and all facility material Safety Data Sheets (MSDS) required pursuant to law. The emergency response plan and the names and 24-hour telephone number of the suppliers of the facilities EHS and regulated toxic substances shall be kept in a Fire Department key box at a location designated by the Fire Department.
(Amended City Record 2/6/2019, eff. 3/8/2019)
To comply with any section of this chapter, a facility may submit any documents prepared to comply with the United States Occupation Safety and Health Administration's (OSHA) regulations regarding the Process Safety Management of highly hazardous chemicals as contained in 29 C.F.R. §§ 1910.119 et seq. which have been approved by OSHA.
(Amended City Record 1/5/2018, eff. 2/4/2018)
(a) Applicability. This section applies to any responsible party who:
(1) is obligated to file a facility inventory form in accordance with 15 RCNY § 41-05; and
(2) owns, operates or manages any portable container used to store fewer than 2,200 pounds of any hazardous substance(s).
(3) This section shall not apply to the use or management of portable containers during an extreme weather watch or event by (a) medical facilities, hospitals, or clinics engaged in the preservation and sustainment of human life and (b) government, utility and telecommunications entities and their contractors engaged in the maintenance, operation, repair and recovery of critical infrastructure or conducting other emergency or weather event response activities.
(b) Spillage Prevention. Portable containers storing hazardous substances may not be used during extreme weather watches. Responsible parties must ensure that every portable container is managed in accordance with the following requirements, whenever such container holds a hazardous substance and is not currently in use, and whenever such container holds a hazardous substance during an extreme weather watch.
Measures that must be implemented to prevent spillage include:
(1) To the extent possible, every portable container must be water tight, and must be tightly sealed. If storage in water tight containers is not possible, hazardous substances must be stored using double containment drums or "over packs".
(2) Portable containers holding incompatible substances must not be stored in in close proximity to one another, such that they would likely come in contact with one another in case of a spill.
(3) Facilities where loss of power would increase the likelihood of a hazardous substance spillage must have manual means to safely transfer substances to secure containment vessels.
(4) Every portable container must be stored on drum spill containment pallets or equivalent structures to prevent contact with wet floors.
(c) Facilities in the Special Flood Hazard Area. Portable containers storing hazardous substances may not be used during extreme weather watches. The following additional measures must be implemented at facilities located in Special Flood Hazard Areas to secure portable containers storing hazardous substances during extreme weather watches:
(1) Every portable container must be stored on a shelf or in a cabinet, such as a flammable or chemical storage cabinet, that is:
(i) Located in a facility area that is least susceptible to flooding, including, when possible, areas at higher elevations, in protected areas, or above the ground floor;
(ii) Securely anchored to ensure they do not tip or move if they encounter wave action, flooding, or high winds; and
(iii) Elevated to, at a minimum, three feet above the base flood elevation.
(2) If elevation to a minimum of three feet above the base flood elevation is not possible, a portable container must be stored on drum spill containment pallets or equivalent structures that are securely anchored to ensure they do not tip or move if they encounter wave action, flooding, or high winds.
(3) To the extent possible, every portable container must be stored indoors to avoid exposure to any anticipated rainfall and flooding conditions. If indoor storage is not possible, responsible parties must implement measures to cover, securely anchor or otherwise restrain, elevate, and prevent exposure of the container to water. Such measures must also be sufficient to protect the container from high wind exposure.
(4) Sufficient aisle space must be available to allow for quick access and movement of substances from one facility area to another area that is less susceptible to flooding.
(5) During an extreme weather watch, responsible parties must not permit the delivery of any new hazardous substances until after the extreme weather watch concludes. Scheduled deliveries of hazardous substances must be postponed until after an extreme weather watch concludes.
(6) Operations using hazardous substances must be suspended and all hazardous substances must be returned to watertight containers and storage, as described in subsections (i) through (iv) above no less than 6 hours prior to an anticipated extreme weather event in accordance with the extreme weather watch alerts from NWS and/or DEP.
(d) Enforcement.
(1) The Department may perform inspections of facilities to determine if the storage of hazardous substances is in compliance with the requirements set forth in this section.
(2) Failure to comply with the requirements of this section may be deemed a violation of this section subject to the issuance of a notice of violation returnable to the Office of Administrative Trials and Hearings pursuant to Section 1049-a of the Charter. Any such notice of violation shall be accompanied by an order of the Commissioner directing the responsible party, within thirty days from the date of the order, to correct the condition constituting the violation and to file with the Department a certification that the condition has been corrected.
(Added City Record 10/2/2018, eff. 11/1/2018)
(a) Any person who knowingly or recklessly makes any false statement, representation, or certification on a facility inventory form, risk management plan or any other document filed with the Department pursuant to this Rule shall, upon conviction, be subject to a fine of not more than one thousand dollars, or imprisonment of up to one year, or both.
(b) Any person who fails to file a facility inventory form or risk management plan or who fails to amend a risk management plan, which has been submitted to the Department within the time prescribed by the Commissioner, or who violated the requirements of § 24-711 of the New York City Administrative Code shall be liable for a civil penalty as follows:
(1) for a first violation, in an amount of not less than two hundred fifty nor more than two thousand five hundred dollars
(2) for a second violation, in an amount of not less than one thousand seven hundred fifty nor more than five thousand dollars
(3) for each subsequent violation, in an amount of not less than three thousand seven hundred fifty nor more than ten thousand dollars.
(4) for the purposes of this section, the second and any subsequent violation shall only be issued after notice of the first violation has been properly served and an opportunity to cure, not to exceed thirty days, has been provided.
(Renumbered City Record 10/2/2018, eff. 11/1/2018)
Appendix A:
New York City Right-to-Know Facility Inventory Form, Tier Two
New York City Right-to-Know Facility Inventory Form, Tier Two
(Amended City Record 2/6/2019, eff. 3/8/2019)
Appendix B:
Emergency Response Plan
Emergency Response Plan
Please use the following symbols, if applicable, on all general site facility floor and area maps. If it becomes necessary to use any other symbols on any of the maps you submit, be certain to include a legend (with a definition of the meaning of the symbol) on the appropriate map, or on your site map's cover page. Please include the product name, quantity and appropriate hazard class identification diamond for each storage tank.
