Who must file the Texas Tier Two Report for Calendar Year 2017?
Operators of any facility which had one or more “hazardous chemicals” present at any one time during calendar year 2017 may be required to file a Tier Two report. The Tier Two rules adopt the definition of “hazardous chemical” as found in the OSHA regulations in 29 CFR 1910.1200 (c). In other words, if your facility is required to maintain and/or provide Safety Data Sheets (SDS) for chemicals it handles, it may be required to file a Tier Two Report. Factors that determine the need to file this report include, but are not limited to, the specific chemicals present at the facility in 2017 and the volume of each chemical present at any one time.
My facility stored hazardous chemicals in 2017. What should I do next?
Before filing a Tier Two report, you must determine the quantity of any one hazardous chemical stored at any one time in 2017. You must file a Tier Two report IF the hazardous chemical met or exceeded:
1) 10,000 pounds at any one time during 2017 OR
2) the Threshold Planning Quantity (TPQ) in pounds, or 500 pounds whichever amount is LESS, for any of the chemicals listed on the Extremely Hazardous Substance List.
The Extremely Hazardous Substance (EHS) List is a federal list of 356 extremely toxic, volatile or easily dispersed chemicals. The EHS list can be found in 40 CFR Chapter 355 Appendices A and B.
If my facility did not have any of the chemicals on the EHS list, am I exempt from Tier Two reporting?
No. The EHS list is not the entire list of chemicals that must be considered for Tier Two reporting. Over 650,000 chemical products are now considered “hazardous” under the federal and state right-to-know laws. If your facility stored chemicals for which an SDS is available, and the stored volumes were at or above the thresholds listed above, you should assume it must be reported unless the SDS specifically states that the chemical is not a hazardous chemical under OSHA rules and is not reportable under Sections 311 and 312 of EPCRA. Examples of hazardous chemical products that may require reporting are pure chemicals, mixtures of chemicals, fuels, solvents, cleaning products, and lead/acid batteries.
Are there exemptions from the reporting requirements for certain chemicals?
Yes. There are a number of exemptions, including for substances used in research laboratories or hospitals, hazardous or radioactive wastes, substances regulated by the Food and Drug Administration, substances packaged for sale as a consumer product, and others. Gasoline and diesel stored in qualified USTs at retail gas stations are exempt at volumes below 75,000 gallons and 100,000 gallons, respectively. Additional exemptions are available. For more details, see the Tier Two reporting regulations.
Are there fees associated with filing my Tier Two Report?
Yes. The amount of fees due with the report filing depends on the type of facility (e.g. manufacturing, nonmanufacturing, or public employer) and the number of chemicals being reported. Fees can range from $50 to $500.
How and where do I submit my Tier Two Report?
Electronic copies of the Texas Tier Two Reporting Forms & Instruction Booklet are available online at www.tceq.texas.gov/permitting/tier2. Beginning in 2006, Tier Two reports must be submitted as electronic data files. The free Tier2 Submit software can be downloaded from the same website.
The electronic Tier Two Report may be submitted via electronic mail to the following address:
Copies must also be provided to the Local Emergency Planning Committee (LEPC) and the local fire department.
Information provided in this newsletter is offered as guidance only. Additional requirements for filing the Texas Tier Two Report apply. The full text of the applicable regulations should be reviewed prior to submitting the report. For assistance with determining applicability of reporting requirements or help with completing the report forms, please contact Thornton Environmental, Inc. by calling (972) 679-6311 today.
Report filing deadline: March 1, 2018
Regulatory references: Texas Community Right-to-Know Act (25 TAC 295.181-183)
Emergency Planning and Community Right-to-Know Act SARA Title III Section 312; 40 CFR Chapter 370
Regulatory authority: Texas Commission on Environmental Quality