§ 41-08 Risk Management Plan Filing.
RCNY § 41-08
(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)
