Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 325 - HAZARDOUS SUBSTANCES INVENTORY › Section 325.3 - Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Tier II
				Report.
(1) A facility operator covered by
				the Manufacturing Facility Community Right-To-Know Act (Texas Health and Safety
				Code (THSC), Chapter 505 (505 Act)), the Public Employer Community
				Right-To-Know Act (THSC, Chapter 506 (506 Act)), or the Nonmanufacturing
				Facilities Community Right-To-Know Act (THSC, Chapter 507 (507 Act)) shall
				compile, submit, and maintain a Tier II Report in a format acceptable to the
				commission, the appropriate fire department, and the appropriate Local
				Emergency Planning Committee (LEPC).
(2) Facility operators shall submit a Tier II
				Annual Report that provides the information for all hazardous substances and
				extremely hazardous substances present at a facility at any one time during the
				previous calendar year, in quantities that met or exceeded the then current
				Tier II thresholds.
(3) Facility
				operators shall submit a Tier II Initial Report when the facility:
(A) begins operation and acquires one or more
				hazardous or extremely hazardous substances which meet or exceed any of the
				current Tier II thresholds;
(B)
				first acquires one or more hazardous or extremely hazardous substances which
				meet or exceed any of the current Tier II thresholds, and which were not
				reported on the most recently submitted Tier II Annual Report; or
(C) determines that one or more hazardous or
				extremely hazardous substances which meet or exceed any of the current Tier II
				thresholds were omitted from the most recently submitted Tier II Report.
(4) Facility operators
				shall submit a Tier II Update Report when new information about any previously
				reported data on the most recent Tier II Report is discovered.
(5) Reporting timelines.
(A) A facility operator shall submit a Tier
				II Annual Report between January 1 and March 1, for the previous calendar year.
(B) A facility operator shall
				submit a Tier II Initial Report:
(i) within
				72 hours if the facility meets the definition of an ammonium nitrate storage
				facility; or
(ii) within 90 days
				if the facility does not meet the definition of an ammonium nitrate storage
				facility.
(C) A
				facility operator shall submit a Tier II Update Report:
(i) within 72 hours if the facility is an
				ammonium nitrate storage facility and has a change in the chemical weight range
				of previously reported ammonium nitrate; or
(ii) within 90 days if the facility is not an
				ammonium nitrate storage facility, or if the facility is an ammonium nitrate
				storage facility and the change in chemical weight range is a substance other
				than ammonium nitrate.
(6) Each time a facility operator is required
				to submit a Tier II Report, it shall submit within the appropriate timeframe,
				and in an acceptable format, to:
(A) the
				commission;
(B) the appropriate
				fire department; and
(C) the
				appropriate LEPC.
(7) A
				facility operator shall maintain at the headquarters facility a copy of the
				facility's most recently submitted Tier II Report until such time as the
				facility operator is required to submit another Tier II Report.
(8) A Tier II Report shall include the
				following appropriate facility identifiers:
(A) for a facility located within an
				incorporated area, the location description must provide the following
				information:
(i) the street address,
				including street name and number;
(ii) the name of the city;
(iii) the zip code;
(iv) the name of the county; and
(v) the latitude and longitude coordinates;
				and
(B) for a facility
				located in an unincorporated area, the location description must include:
(i) the street address, including street name
				and number, or general driving directions with street names if available;
(ii) the name of the city, or the
				nearest city;
(iii) the zip code,
				or the nearest zip code;
(iv) the
				name of the county; and
(v) the
				latitude and longitude coordinates.