TIER 2 REPORTING Bernardine Zimmerman TIER 2 CHEMICAL REPORTING PROGRAM or

HB 942 Moves Tier 2 Program from DSHS to TCEQ, including employees Reduces the initial/updated reporting time frame for ammonium nitrate storage facilities from 90 days to 72 hours Requires TCEQ to notify TDEM and SFMO of any ammonium nitrate storage facility report received within 72 hours Requires TDEM and SFMO to then notify LEPC and fire department Provides further inspection authority for fire departments pertaining to ammonium nitrate storage facilities (Texas Commercial Fertilizer Act. Texas Agriculture Code. Chapter OTSC) 2

New Tier 2 Program Contacts as of Sept 1, 2015 TCEQ Critical Infrastructure Division (in Texas only) – general questions – electronic data file attached to an 3

FEDERAL LAW Emergency Planning & Community Right-To-Know Act of 1986 (EPCRA) aka Title III of the Superfund Amendments & Reauthorization Act of 1986 (SARA Title III) CFR Title 40 Part 370 Hazardous Chemical Reporting: Community Right-To-Know Creates an organized emergency response, provides responders a tool in responding to and planning for chemical emergencies, and provides citizens with information on hazardous chemicals located in their community 4

EPCRA Emergency planning (Section ; 40 CFR Part 355) (TCEQ - Section 302) Emergency release notification (Section 304; 40 CFR Part 355) (NRC, TCEQ/SERC*, LEPC) Hazardous chemical reporting requirements (Sections Tier II; 40 CFR Part 370) (TCEQ) and Toxic chemical release inventory aka TRI (Section 313; 40 CFR Part 372) (TCEQ) * Additional state agencies may be involved depending on spill location and jurisdiction. 5

STATE LAW Health & Safety Code Manufacturing Facility Community Right-To-Know Act Health & Safety Code Public Employer Community Right-To-Know Act Health & Safety Code Non-Manufacturing Facility Community Right-To-Know Act 25 TAC Section 295 Hazardous Chemical Right-To-Know (Texas Administrative Code – Rules) 6

REQUIRED SUBMISSION TO:  Texas Commission on Environmental Quality (TCEQ) as representative of the SERC  Local Emergency Planning Committee (LEPC)  The fire department with jurisdiction over facility 7

HAZARDOUS CHEMICAL Hazardous chemical means any chemical which is classified as a physical hazard or a health hazard, a simple asphyxiant, combustible dust, pyrophoric gas, or hazard not otherwise classified. 8

HAZARDOUS CHEMICALS REPORTING THRESHOLD 10,000 lbs. or more Ex: Diesel Fuel 1400 gal. = 10,000 lbs. Note: Retail stations in full compliance with state and federal laws have a higher reporting threshold for Diesel of 100,000 lbs. 9

10 EXTREMELY HAZARDOUS SUBSTANCES EHS DEFINITION: The Hazardous Chemical is on EPA’s EHS List SEE CFR 40 Part 370 Appendices A and B

11 EXTREMELY HAZARDOUS SUBSTANCES EHS Any Extremely Hazardous Substance (EHS) on the US EPA List is Reportable at: Threshold Planning Quantity (TPQ) or 500 lbs., whichever is Less

12 EHS Examples:  Chlorine (not bleach) - TPQ is 100 lbs. = reportable beginning at 100 lbs.  Sulfuric Acid TPQ is 1000 lbs. = reportable beginning at 500 lbs.  Anhydrous Ammonia TPQ is 500 lbs. = Reportable beginning at 500 lbs. NOTE: Ammonium Nitrate is not an EHS and is reportable beginning at 10,000 pounds

13 REQUIRED INFORMATION TO BE REPORTED Name & physical address of facility Name, address and of owner/operator Emergency contact – name, 24hr phone number, additional phone number & Tier II Information contact – name, phone & Chemical Name Physical characteristics (pure, mixture, solid, liquid, gas) Hazard category (acute, chronic, fire, pressure, reactive) Maximum/average daily amount Container characteristics (type, temperature, pressure) Precise location within facility

14 HOW TO REPORT Annual report submitted between Jan 1 and March 1 Initial report submitted within 90 days TCEQ requires submissions be reported in electronic format, compatible with Tier2Submit software provided by EPA Reports can be submitted by or CD

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