Labeling Requirements for Hazardous Substances

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Applicants that will store and/or use a certain amount of hazardous substances are required to label them in accordance with the NYC Community Right-to-Know Law, New York City Administrative Code, Title 24, Chapter 7.

Every container used to store hazardous substances must be labeled, tagged, or marked with the following information for the hazardous substance(s) it contains:

  1. Chemical name (the proper scientific name)—not the product name (i.e. Drano)
  2. Chemical Abstracts Service (CAS) number (a unique number that identifies chemical elements, compounds, polymers, biological sequences, mixtures, and alloys).
  3. Appropriate hazardous warning associated with the chemical

To identify the reporting quantities (TRQ), visit the Hazardous Substance List and the Hazard Category List. The Hazard Category List can be found in the NYC Community Right-to-Know Laws and Regulations (Page 6709 RCNY 7-31-94) linked below under Additional Information.

If the substance is protected under the “trade secret” claim, the label should bear the specific code assigned for such substance. The labels must be written in legible English, prominently displayed on the container or readily available in the work area through each work shift. Information can be provided in other languages in addition to English, but it must appear in English.

If the quantity of hazardous substances at the facility does not exceed the (TRQ) in the Hazardous Substance List and the Hazard Category List, applicants are exempt from reporting the hazardous substances to the New York City Department of Environmental Protection (DEP). However, applicants must write a letter to the DEP stating the following:

  1. Right-to-Know Facility ID Number (DEP assigned number if the user has previous reported Hazardous Substances) if the applicant has one.
  2. The appropriate North American Industry Classification System (NAICS).
  3. The reason why the facility is not required to report.
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The Community Right-to-Know Program uses an online reporting system that allows the facilities to electronically submit their Annual, Revision or Updated Tier II Submissions.
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Download the Community Right-to-Know Hazardous Substances List linked above under Additional Information.
Compare the quantity of the hazardous substances stored and/or used at the applicant's facility with the Community Right-to-Know Hazardous Substances List and the Hazard Category List.
Check whether the quantity of hazardous substances stored and/or used at the applicant's facility exceeds the TRQ in the Community Right-to-Know Hazardous Substances List and the Hazard Category List.
If the quantity of hazardous substances stored and/or to be used at the applicants' facility exceeds the TRQ, follow the instructions in The NYC Community Right-to-Know Guidelines for Reporting, linked above.
For those businesses that do not exceed the TRQ, write a letter to the DEP following the instructions above.
DEP inspectors will visit the site to verify the information submitted and to determine the exemption status of the facility.
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Additional Resources
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Community Right to Know Hazardous Substance List

Community Right to Know Laws and Regulations

Guidelines for Reporting Chemical Inventory

NYC Department of Environmental Protection (DEP)
Bureau of Environmental Compliance
59-17 Junction Boulevard, 8th Floor
Flushing
NY
11373
http://nyc.gov/dep
Community Right-to-Know Program
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