Tier II Chemical Reporting Ann Adams Critical Infrastructure Division Texas Commission on Environmental Quality Trade Fair 2016

Tier II Chemical Reporting is authorized under both state and federal law.

Federal Law The Emergency Planning & Community Right-to-Know Act EPCRA, 42 U.S.C et seq. (1986) Also known as the Superfund Amendments & Reauthorization Act (SARA), Title III

History of EPCRA EPCRA was passed in 1986 in response to concerns about environmental and safety hazards posed by the storage and handling of toxic chemicals.

History of EPCRA These concerns were triggered by the disaster in Bhopal, India, in which more than 2,000 people suffered death or serious injury from the accidental release of methyl isocyanate.

Texas Law: Texas Community Right-to-Know Acts (TCRAs) Health & Safety Code 505 – Manufacturers 506 – Public Employers 507 – Non-Manufacturers 25 TAC

What is a Hazardous Chemical? OSHA’s Hazard Communication Standard: 29 CFR (c) – Hazardous Chemical: Any chemical which is classified as a physical or health hazard, a simple asphyxiant, combustible dust, pyrophoric gas, or hazard not otherwise classified.

What is reportable? Hazardous Chemical 10,000 pounds present at any one time (ex. propane is reportable at 10,000 pounds) EPA’s Extremely Hazardous Substance (EHS) List: 40 CFR Part 355, Appendices A & B Extremely Hazardous Substance (EHS) Threshold Planning Quantity (TPQ) 500 pounds or TPQ, whichever is less ( ex. chlorine gas is reportable at 100 pounds (TPQ))

What Is Not Reportable Hazardous Waste Tobacco Wood or Wood Products Articles – item that does not result in exposure Food, Drugs, Cosmetics, or Alcoholic Beverages in retail Hazardous Consumer Products In transit Sealed and not in facility longer than 5 days Radioactive Waste Does not meet threshold amount

When to Report Annual Reporting Period Jan 1 – March 1, for previous calendar year Initial Report New chemical onsite, or new facility = 90 days (Ammonium Nitrate storage facility = 72 hours) Update Report Significant change in information on previously reported chemical such as: Change in chemical weight range = 90 days (Ammonium Nitrate storage facility = 72 hours)

What To Report Facility Information Facility Name Facility Address Facility Lat/Long Manned/Unmanned North American Industry Classification System (NAICS) Code TCEQ RN/CN – optional TXT2 Number

What to Report Chemical and Location Chemical Name/CAS Chemical Physical Properties/Health Effects Chemical Amount Range EHS? Specific Chemical Location Within Facility (Site Plan Optional) Confidential Location?

What to Report Contact Information Tier II Information Contact Emergency Contact – Two phone numbers, One Number must be a 24hr number Owner/Operator Contact Emergency Coordinator – if an EHS is present

Where to Report 1)TCEQ – Electronic Reporting State Emergency Response Commission (SERC) 2)Local Emergency Planning Committee (LEPC) – list available at 3)Local Fire Department – list available at

HB 942 Moved Tier 2 Program from DSHS to TCEQ Reduced 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 Defines ammonium nitrate storage facility (Texas Commercial Fertilizer Act. Texas Agriculture Code. Chapter OTSC)

Tier II Chemical Reporting Program Contacts TCEQ Critical Infrastructure Division (in Texas only) – general questions – report submissions

By: Deanna Sivek Texas Commission on Environmental Quality (TCEQ)

History and Moving Forward HistoryMoving forward The Texas Legislature has allocated part of the fees collected by the Tier II Chemical Reporting program to be allocated to LEPCs as grants to implement Emergency Planning and Community Right-to-Know Act (EPCRA). TCEQ is working to develop a grant program that will allow LEPCs to receive funding to improve their implementation of EPCRA. ▫Survey ▫Feedback ▫Contact

Texas LEPC Grant Program Key Points: The initial grant round will fund up to $4,420,000 in LEPC grants. All subsequent years will have approximately $210,000 to fund grants. There is a survey opportunity to give us feedback.

Contact Information Deanna Sivek Grant Coordinator Office: (512) Website: LEPCGrants LEPCGrants Ann Adams Environmental Protection Specialist III Office: (512) ext Website: