Local Law 26 requires regular Emergency Action Plan drills and Right to Know (RTK) Program.
Implementing an EAP drill program provides the necessary training for occupants so they react rationally and orderly when confronted with an emergency at the building.
The EAP Director must be sure to record all EAP drills and other EAP related events in the logbook.
Right to Know
Ensuring the reporting to the city for the storage of hazardous substances at the facility. Refer to section 3.14.3 below.
3.14.1. Stairwell Familiarization
A stairwell familiarization drill must be conducted once every three years on each floor of the building in which all floors participate simultaneously.
The term simultaneous is meant to convey the use of the same drill for all floors on the same day. It should not be interpreted where all building occupants enter the stairwell at the same time. Instead, the drill should follow an orderly and controlled approach.
A sign-in sheet of all those in attendance of the stairwell familiarization must be recorded and produced to the Fire Marshall upon request.
3.14.2. Fire Drill
At least two EAP Drills shall be conducted within one year of the FDNY accepting the properties’ initial EAP. The first shall be performed within six months of such date of acceptance.
3.14.3. Right to Know
The Right To Know (RTK) Program manages the reporting and storage of hazardous substances by requiring businesses and facilities to annually file a Tier II report detailing the quantity, location, and chemical nature of every hazardous substance stored within their facilities which are the NYC DEP’s Division of Emergency Response and Technical Assessment Team
Comprehensive Inventory of information collected includes:
- Facility Inventory Form
- Safety Data Sheets
- Risk Management Plan
- Site Plan indicating storage locations
- Notice of accidental spills
- Extremely hazardous substance and regulated toxic substance report
- Names of emergency coordinators to be used by the NYPD, FDNY, and NYC Office of Emergency Management
Inventory Assessment Inspection
The Risk Management plan shall be prepared by an industrial hygienist, a professional licensed engineer, a safety professional certified by the Board of Certified Safety Professionals, or other qualified persons identified by the commissioner.
Tier II Filing
The RTK Program uses an online reporting system that allows the facilities to electronically submit their Annual, Revision, or Updated Tier II Submissions. The filing deadline is March 1 every year.
Risk Management Plan Filing
On or before March 1st a Risk Management Plan must be filed where the toxic chemicals and quantities are stored/used at the facility. Within 30 days after the report is filed, the Commissioner determines if the plan is complete.
If you filed an RMP which was approved by the DEP, you only need to submit an update of the plan. Any business that fails to file a required RMP may be subject to penalties of up to $10,000. Facilities that submit RMPs that contain misrepresentations or false statements or certifications are also subject to penalties.
The facility Inventory Form should include:
- The names, titles, and daytime and nighttime phone numbers of two persons
- The North American Industry Classification System (NACIS)
- The Federal Tax ID Number
- The Dun & Brad Number
- Toxics Release Inventory Facility Identification Number (TRIFID)
- The Risk Management Plan and RMP ID Number
- Number of Occupants
- The Chemical Name or the common name of each hazardous substance present at the facility and the CAS identification number for each hazardous substance
- Description of storage for each chemical
If the plan is incomplete the facility has 15 days to revise the plan consistent with the Commissioner’s notification.
Modifications to Report
Within 90 days after the commissioner’s determination that the responsible party has filed a complete plan, the commissioner shall approve or make modifications to such a plan. If the commissioner makes modifications to the RMP, the facility has 45 days after receipt of the modifications to submit alternative modifications or explain why the commissioner’s modifications are not necessary.
Then the commissioner has 45 days to review the facility’s response and determine if
1- Modifications are accepted
2- Approve the unmodified plan
3- Disapprove the plan.