Guide to the New 2018 Right-To-Know Regulations

As of November 1st, 2018, a new subsection to the New York City (NYC) Department of Environmental Protection (DEP) Community Right to Know Regulations has been adopted to address additional safety issues and spill prevention measures for how hazardous substances are sited and stored.  The new rule focuses on portable containers and how they are stored during extreme weather events, due to past emergency response issues.

What Changed?

The following key definitions, among others, have been amended:

  • Container
  • Extreme Weather Watch
  • Special Flood Hazard Area
  • Spillage

The amended subsection (b) of Section 41-11 of Title 15 Chapter 41 covers the risk reduction program and has slight changes to the wording of the regulation.

Subsection 41-14 specifies that:

  • During an “Extreme Weather Watch”, portable containers must be handled in a specific way as to not allow any material to spill and contaminate the environment;
  • Facilities must ensure that portable containers for hazardous substances must be water tight, tightly sealed and stored on drum spill containment pallets, among other specifications.

For facilities located in the Special Flood Hazard Area, the rule sets stricter regulations regarding portable containers and their storage.


(NYC – to determine if you are in the Special Flood Hazard Area, click here)

The DEP has authorization to perform inspections and issues summonses for violations to ensure facilities are complying with the new rules.

Next Steps:

Walden has extensive knowledge with the annual Right-to-know filing process. If you need help understanding the new rules, contact one of Walden’s specialist to schedule an inspection and to ensure that your facility complies with the new subsection.

For additional information on 2018 Right-To-Know’s, please read our related blogs:

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