§ 41-05 Facility Inventory Reporting.

   (a)   A responsible party of a facility shall file a Facility Inventory Form (FIF) for such facility, pursuant to § 24-705 of the New York City Administrative Code and Appendix A of this chapter, which shall include:  

      (1)   Each hazardous substance required to be reported pursuant to 15 RCNY § 41-04 which has been present within such facility at any time during the preceding calendar year in an amount which exceeds the Threshold Reporting Quantity published with the Hazardous Substance List; and

      (2)   Each mixture required to be reported pursuant to 15 RCNY § 41-04 which contains a hazardous substance in an amount that exceeds the Threshold Reporting Quantity and such mixture has been present within such facility at any time during the preceding calendar year in an amount which exceeds five hundred pounds.

      (3)   A responsible party shall provide the following information for mixtures: names of the mixtures or brand names, followed by hazardous ingredients and their Chemical Abstract Service numbers.

      (4)   If a reportable substance is known to a responsible party by a name listed in § (f)(2) of these Rules as a synonym for a substance on the Hazardous Substance List, it may be reported by its synonym.

   (b)   A responsible party of a facility shall complete and submit an FIF, and an MSDS for each hazardous substance including hazardous substances contained in mixtures reported on the FIF, on or before March 1 of every year beginning March 1 of every year to:

      New York City Department of Environmental Protection
      Bureau of ____________ Right-to-Know Officer
      59-17 Junction Boulevard
      Corona, New York 11368-5107

or any other address designated by the Commissioner, and published in the City Record.

   (c)   A responsible party of a facility shall file a facility inventory update if a previously unreported hazardous substance is added at a facility or if an already reported quantity of a hazardous substance increases by twenty-five percent or more, within thirty days of the occurrence of such event.

      (1)   The FIF shall be used for such updates; "UPDATE" should be written in as the Reporting Period.

      (2)   The update should include only those hazardous substances subject to the update reporting requirements.

   (d)   These filing requirements shall not apply to:

      (1)   Facilities where the only hazardous substances present during the preceding calendar year were in mixtures in which the total content of the hazardous substance was less than the Threshold Reporting Quantity per container unless such hazardous substance was present at the facility in an aggregate amount equal to or greater than the Threshold Reporting Quantity; and

      (2)   Owners or tenants of residential buildings that contain no commercial or manufacturing enterprise.

   (e)   Penalties.

      (1)   Any person who knowingly or recklessly makes any false statement, representation or certification on the FIF, FIF UPDATE, MSDS, or any other document filed with the Department of Environmental Protection pursuant to the New York City Community Right-to-Know Law or these Regulations, shall be subject to a fine of not more than one thousand dollars, or imprisonment of up to one year, or both.

      (2)   Any person who violates these filing requirements shall be liable for a civil penalty, as follows:

         (i)   for a first violation, in an amount of up to one hundred dollars;

         (ii)   for a second violation, in an amount of up to two thousand five hundred dollars;

         (iii)   and for each subsequent violation, in an amount of up to five thousand dollars.

   (f)   Fees. Upon filing a FIF a responsible party shall submit a fee to the Department. The fee shall be determined by three factors: the total number of hazardous substances (which includes extremely hazardous substances) reported on the most recent FIF; the highest single quantity of a hazardous substance (which includes extremely hazardous substances) reported on the most recent FIF; and whether an extremely hazardous substance has been reported on the most recent FIF. When an extremely hazardous substance has been reported, this will result in a higher fee which shall be based on 125% of the amount calculated using Table 1, and may be calculated by using a multiplier of 1.25 as illustrated in paragraph (4) below. The fee shall be calculated in the following manner:

      (1)   Identify on the horizontal axis on Table 1 the column corresponding to the total number of hazardous substances (which includes extremely hazardous substances) reported on the most recent FIF;

      (2)   Identify on the vertical axis on Table 1 the row corresponding to the range in pounds of the highest quantity of any single hazardous substance (which includes extremely hazardous substances) reported on the most recent FIF;

      (3)   If no extremely hazardous substances are reported on the most recent FIF, the fee shall be the dollar amount appearing at the intersection of the column and row identified in paragraphs (1) and (2) above. Example: if there are three hazardous substances present at a facility, none of which is extremely hazardous, and the greatest reportable quantity of any single substance is fifteen million pounds, then the amount owed would be $350.00, which is the amount listed at the intersection of the horizontal column for (1-3) substances and the vertical column which lists the reporting range for substances between 10,000,000 and 49,999,999 pounds;

      (4)   If an extremely hazardous substance was reported on the most recent FIF, the fee shall be 125% of the dollar amount appearing at the intersection of the column and row identified in paragraphs (1) and (2) and may be calculated by multiplying that figure by 1.25. Example: if any of the substances in the above noted example is an extremely hazardous substance, than to determine the fee multiply $350.00 by 1.25. The fee for this example would therefore be $437.50.
 

TABLE 1
(The dollar amounts listed below are in actual dollars.)
(Fee is based upon the greatest reported amounts of any single substance.)
RIGHT-TO-KNOW PROGRAM – FEE SCHEDULE
Reporting Ranges in lbs.	TOTAL NUMBER OF HAZARDOUS SUBSTANCES (which includes extremely hazardous substances)
	1-3	4-7	8-10	11-13	14-17	18-20	21-23	24-27	28-30	31-50	51-100	101-150	151-200	201-250	251-300	300+
0-99	200	225	250	275	300	325	350	375	400	450	500	550	600	700	800	950
100 - 999	225	250	275	300	325	350	375	400	425	475	525	575	625	725	825	975
1,000 - 9,999	250	275	300	325	350	375	400	425	450	500	550	600	650	750	850	1,000
10,000 - 99,999	275	300	325	350	375	400	425	450	475	525	575	625	675	775	875	1,025
100,000 - 999,999	300	325	350	375	400	425	450	475	500	550	600	650	700	800	900	1,050
1,000,000 - 9,999,999	325	350	375	400	425	450	475	500	525	575	625	675	725	825	925	1,075
10,000,000 - 49,999,999	350	375	400	425	450	475	500	525	550	600	650	700	750	850	950	1,100
50,000,000 - 99,999,999	375	400	425	450	475	500	525	550	575	625	675	725	775	875	975	1,125
100,000,000 - 499,999,999	400	425	450	475	500	525	550	575	600	650	700	750	800	900	1,000	1,150
500,000,000 - 999,999,999	425	450	475	500	525	550	575	600	625	675	725	775	825	925	1,025	1,175
BILLION - HIGHER	450	475	500	525	550	575	600	625	650	700	750	800	850	950	1,050	1,200

 

(Amended City Record 2/6/2019, eff. 3/8/2019)

§ 41-06 Trade Secrets.

   (a)   A responsible party withholding the specific chemical identity of a hazardous substance pursuant to subdivision (b) of this section, or requesting non-disclosure of the specific chemical identity of a hazardous substance pursuant to subdivision (c) of this section, shall file a sanitized version of an MSDS for such hazardous substance.

   (b)   Procedure for withholding information based on a federal or state claim.

      (1)   A responsible party may withhold from the FIF and FIF UPDATE and/or risk management plan the specific chemical identity of a hazardous substance, including the chemical name and other specific identification, and the method or process in which an EHS or regulated toxic substance is used, if a trade secret claim has been filed pursuant to § 322 of the Federal Emergency Planning and Community Right-to-Know Act of 1986 or such information has been registered as a trade secret pursuant to Article 48 of the New York State Public Health Law or Article 28 of the New York State Labor Law. The responsible party must submit a notarized statement verifying the facts of the claim or registration, including the date, place and recipient of the claim or registration, and that the chemical identity, or the method or process in which an EHS or regulated toxic substance is used, continues to be treated as confidential by the governmental authorities with whom such claim or registration has been filed. The responsible party must also affirm that the claim or registration complied with the requirements for such a submission, that reasonable measures have been taken to safeguard the confidentiality of the chemical identity claimed or registered as a trade secret, and such measures will continue in the future.

      (2)   The responsible party must indicate in the manner provided on the FIF, FIF UPDATE and/or risk management plan that information has been withheld because of a trade secret claim or registration.

   (c)   Procedure for requesting non-disclosure based on DEP determination of trade secret status.

      (1)   The responsible party requesting DEP determination of trade secret status must not withhold from the FIF, FIF UPDATE and/or risk management plan any of the information for which trade secret status is sought. Such responsible party must submit "Trade Secret Verification" on a form to be prescribed by the Department, at the time of the FIF, FIF UPDATE and/or risk management plan filing, containing answers to the questions listed in Paragraph (2) of this Subdivision (c). Information included in this Verification or in supplemental information provided at the request of DEP shall be treated as confidential, and therefore shall not be disclosed by DEP, regardless of the ultimate disposition of the specific hazardous substance trade secret claim, provided that the responsible party certifies that such information, if disclosed, would cause economic harm to the responsible party.

      (2)   The responsible party must substantiate claims of trade secrecy by providing a specific answer including, where applicable, specific facts, to each of the following questions and requests for information:

         (i)   Describe the specific actions you have taken to safeguard the confidentiality of the chemical identity, method or process claimed as trade secret, and indicate whether these actions will continue in the future.

         (ii)   Have you disclosed the information claimed as trade secret to any other person (other than a member of a local emergency planning committee, officer or employee of the United States or a State or local government, or your employee) who is not bound by a confidentiality agreement to refrain from disclosing this trade secret information to others?

         (iii)   List any municipal, State, and Federal government entities to which you have disclosed the specific chemical identity, method or processes. For each, indicate whether you asserted a confidentiality claim for the chemical identity, method or process and whether the government entity granted or denied that claim.

         (iv)   In order to show the validity of a trade secrecy claim, you must identify your specific use of the chemical, method or process claimed as trade secret and explain why it is a secret of interest to competitors.

            (A)   Describe the specific use of the chemical claimed as trade secret, identifying the product or process in which it is used. (If you use the chemical other than as a component of a product or in a manufacturing process, identify the activity where the chemical is used.)

            (B)   Has your company or facility identity been linked to the specific chemical identity, method or process claimed as trade secret in a patent, or in publications or other information sources available to the public or your competitors (of which you are aware)? If so, explain why this public information does not eliminate the need for protection of the trade secret.

            (C)   If this use of the chemical, method or process claimed as trade secret is unknown outside your company, explain how your competitors could infer the use, method or process from disclosure of the chemical identity, method or process together with other information on the FIF, FIF UPDATE and/or risk management plan.

            (D)   Explain why your use of the chemical, method or process claimed as trade secret would be valuable information to your competitors.

         (v)   Indicate the nature of the economic harm that would likely result from disclosure of the specific chemical identity, and indicate why such harm would be substantial.

         (vi)   (A)   To what extent is the chemical, method or process claimed as trade secret available to the public or your competitors in products, articles, or environmental releases?

            (B)   Describe the factors which influence the cost of determining the identity of the chemical claimed as trade secret by chemical analysis of the product, article, or waste which contains the chemical (e.g., whether the chemical is in pure form or is mixed with other substances).

      (3)   The responsible party must include and sign the following certification at the end of the Verification: "I certify under penalty of law that I have personally examined the information submitted in this and all attached documents. Based on my inquiry of those individuals responsible for obtaining the information, I certify that the submitted information is true, accurate, and complete. I acknowledge that I may be asked by DEP to provide further detailed factual evidence relating to this claim of trade secrecy, and certify to the best of my knowledge and belief that such information is available. I understand that knowingly or recklessly making any false statement, representation or certification could subject me to a penalty of $1,000, or imprisonment of up to one year, or both."

      (4)   A responsible party may request an extension of time for the submission of the Trade Secret Verification form by including in the FIF filing or risk management plan filing a notarized statement requesting additional time to fully comply with the verification requirements of this section.

      (5)   (i)   DEP may request supplemental information from the responsible party in support of its trade secret claim. DEP may specify the kind of information to be submitted, or the responsible party may submit any additional detailed information which further supports the truth of the information previously supplied to DEP in its initial verification under this section. Any request for supplemental information must be submitted to DEP.

         (ii)   Any substantial information submitted by a responsible party must include a certification pursuant to Paragraph (3) of Subdivision (c) of this section, and where applicable, a certification pursuant to Paragraph (1) of Subdivision (c) of this section.

      (6)   If a trade secret claim is submitted after DEP has received the information to which such claim relates, DEP may make reasonable efforts to process the late claim with the previously submitted information.

      (7)   No information claimed as a trade secret shall be disclosed by DEP prior to an affirmative determination by DEP as to the validity of the claim.

      (8)   (i)   The responsible party shall be notified in writing of DEP's determination as to the validity of the claim.

         (ii)   Within 7 business days of the receipt of written notice denying the claim, the responsible party may file a written appeal with the Commissioner.

         (iii)   The appeal shall be determined within 20 business days of the receipt of the appeal. Written notice of the Commissioner's determination shall include a statement of the reasons for the determination.

         (iv)   A proceeding to review an adverse determination may be commenced pursuant to Article 78 of the Civil Practice Law and Rules.

      (9)   Pursuant to § 24-709(c) of the New York City Community Right-to-Know Law, the Commissioner shall disclose trade secret information in the emergency circumstances specified in Paragraph 1 of that section, and the responsible party shall disclose trade secret information for medical diagnosis and treatment purposes specified in Paragraph 2 of that section.

(Amended City Record 1/5/2018, eff. 2/4/2018)

§ 41-07 Labeling Requirements.

   (a)   A responsible party shall ensure that each container of hazardous substance(s) at the facility is labeled, tagged or marked with the following information:

      (1)   Chemical name or other name used in the Hazardous Substance List; and

      (2)   Chemical Abstracts Service Registry number.

   (b)   A responsible party shall ensure that labels or other forms of warning are legible, in English, and prominently displayed on the container, or readily available in the work area throughout each work shift. Employers having employees who speak other languages may add the information in other languages as long as the information is also presented in English.

   (c)   A responsible party may use signs, placards, process sheets, batch tickets, operating procedures, or other such written materials instead of attaching labels to individual containers, as long as the alternative method identifies the containers to which it is applicable and conveys the information required by Subdivision (a) of this section. The written materials must be readily accessible to the employees in their work area throughout each work shift.

   (d)   A responsible party is not required to label portable containers into which hazardous chemicals are transferred from labeled containers if the portable container will only be used by the employee who performs the transfer. The employee shall not abandon control of any unlabeled portable container in which any hazardous chemical remains.

   (e)   A responsible party need not affix new labels to comply with this section if existing labels already convey the required information.

(Amended City Record 1/5/2018, eff. 2/4/2018)

§ 41-08 Risk Management Plan Filing.

   (a)   On or before March first of each year beginning in 1995 a responsible party of a facility where an EHS or regulated toxic substance is present at or above the TPQ for that substance must file with the Department a risk management plan. The plan must be submitted to:

      New York City Department of Environmental Protection
      Division of Emergency Response and Technical Assessment
      Right-to-Know Program
      59-17 Junction Boulevard, 1st Floor
      Flushing, New York 11373-5107

   (b)   A responsible party that has previously filed a risk management plan which has been approved by the Department may, in lieu of submitting an entire risk management plan, file an update of the plan with the Department. The update of the plan shall include, but be limited to, the following:

      (1)   a description of any change in a facility's process(es) or changes in the surrounding community that require that a facility amend its risk management plan to remain in compliance with this Rule.

      (2)   amendments to a facility's risk management plan.

      (3)   if a responsible party has not amended its risk management plan, a responsible party shall submit to the Department a signed affidavit attesting that no changes occurred at a facility or in the community surrounding a facility, which required that the facility amend its risk management plan to remain in compliance with this Rule.

   (c)   A responsible party that is required to prepare a risk management plan as a result of amendments to the United States Environmental Protection Agency's rules regarding EHS's or regulated toxic substances, which are made after the effective date of this Rule, shall file a risk management plan with the Department on March 1 of the year that provides a responsible party a minimum of one year to prepare a risk management plan.

   (d)   If any section of this Rule does not apply to a particular facility, a responsible party shall submit a brief explanation as to why that section is not applicable in lieu of complying with such section.

   (e)   The risk management plan shall be prepared by one or more of the following persons provided that a professional engineer shall be responsible for any portion of a plan which involves the practice of the profession of engineering as defined in Education Law § 7206.

      (1)   an industrial hygienist certified by the American Board of Industrial Hygienists;

      (2)   a professional engineer licensed pursuant to § 7206 of the New York State Education Law;

      (3)   a safety certified professional by the Board of Certified Safety Professionals;

      (4)   an individual possessing a baccalaureate or graduate degree, issued upon completion of a course of study from an accredited college or university, with a major in one of the following areas; chemistry, chemical engineering, environmental and/or occupational health science, industrial hygiene, safety engineering; and three years of full-time experience in the identification, evaluation and control of environmental and safety hazards for protection against exposure to harmful substances and/or hazardous conditions.

   (f)   Proof of the credentials of the individual which prepared the risk management plan shall be submitted when the risk management plan is filed with the Department.

(Amended City Record 1/5/2018, eff. 2/4/2018)

§ 41-09 Risk Management Plan Review.

   (a)   Within thirty days after receipt of a risk management plan, the Commissioner shall determine whether such plan is complete. If the Commissioner determines that the plan is incomplete, then he or she shall notify the responsible party that the plan is incomplete and identify the respects in which the plan is incomplete. Within fifteen days after such notification, the responsible party shall file a revised plan consistent with the Commissioner's notification. Within fifteen days after receipt of such revised plan, the Commissioner shall determine whether the revised plan is complete.

   (b)   Within ninety days after the Commissioner's determination that the responsible party has filed a complete plan, the Commissioner shall approve or make modifications to the plan and shall notify the responsible party filing such plan in writing of his or her approval or modifications.

   (c)   If the Commissioner makes modifications to the responsible party's risk management plan, the responsible party shall incorporate such modifications into its risk management plan, provided, however that the responsible party may, within forty-five days after receipt of such modifications, submit alternative modifications to the Commissioner or explain why the Commissioner's modifications are not necessary. The Commissioner shall within forty-five days review the alternative modifications or explanation and shall: (i) require the responsible party to incorporate, by a date certain not to exceed forty-five days, either the Commissioner's modifications, the alternative modifications or a combination of such modifications into its risk management plan, (ii) approve the unmodified plan or (iii) disapprove the plan.

§ 41-10 Risk Assessment Program.

   (a)   The risk management plan shall include a risk assessment program.

   (b)   The risk assessment program shall include the following components:

      (1)   Identification of the maximum amount of an EHS and/or regulated toxic substance that would be released to an off-site area during a worst-case release. To determine a worst-case release scenario, a responsible party shall examine each covered process and assume that all mitigation systems fail to minimize the consequences of the release.

      (2)   Evaluation of the possibility and effects of a significant accidental release. A responsible party must examine each covered process and identify the circumstances that may cause a significant accidental release (e.g., pump failure, failure of controls, or operator error), evaluate the likelihood that such a release could occur, and perform a general evaluation of the effects that a significant accidental release would have on public health and the environment.

      (3)   Submission of a form, prescribed by the Department, that lists each EHS and/or regulated toxic substance at or above its TPQ present at a facility, the amount of each substance, and the physical storage conditions for each substance.

      (4)   A hazard analysis of all equipment and covered processes, which shall include but not be limited to:

         (i)   the identification of all significant accidental release(s) that occurred over the last five years;

         (ii)   identification of all engineering and administrative controls applicable to the hazards of a covered process, including the application of detection methods that provide early warning release.

(Amended City Record 1/5/2018, eff. 2/4/2018)

§ 41-11 Risk Reduction Program.

   (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)

§ 41-12 Emergency Response Program.

   (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)

§ 41-13 Compliance with OSHA.

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)