Dry Cleaning Registration Katherine Benavides Permitting & Registration Support Division Texas Commission on Environmental Quality Environmental Trade Fair 2017

Contents TCEQ Websites HB 1366 Background (Legal Authority) Dry Cleaner Registration Central Registry Query HB 1366 Background (Legal Authority) Dry Cleaning Facilities and Drop Stations: Registration information and fees Forms Types of Sites & Examples of Certificates Property Owner Registration Requirements, fees, and form

TCEQ Websites

www.TCEQ.com Click on A to Z index – then click on letter “D” on next screen:

Website continued Click on Dry Cleaner Registration to get more information

Website Information Provided Basic guidelines for registration of drop stations, facilities and property owners Link to registration forms Legal authority and rules regarding dry cleaner registration Database to see if a drop station or facility IS registered (only current sites that have paid their fees are listed)

www.TCEQ.com – Central Registry search

Central Registry (CR) Query This website will allow you to search for basic information on many of the entities regulated by our agency.

HB 1366 (Legal Authority)

Background of HB 1366 HB 1366 signed 6/20/2003 & effective 9/1/2013 Required all dry cleaning drop stations and facilities in Texas to register with the TCEQ and implement performance standards at their facilities as appropriate. By definition, dry cleaning drop station and facility mean a “retail commercial establishment”

HB 1366 continued Amended 2005 (SB 444 & HB 2376) & 2007 (HB 3220) Sessions Only register dry cleaners that have the NAICS code of 812320, which was added to the definition of facility & drop station Revised the fee structure Comptroller verification of gross annual receipts NAICS is the acronym for the North American Industry Classification System.

Registration Requirements All facilities and drop stations must register annually. Registration forms must be received by August 1 of every year. Gross receipts verified by the state Comptroller. Form will not be processed if owner owes outstanding fees from any program in the agency. (per Texas Administrative Code, TAC §337.11)

Important Dates Table of important dates. Registration and billing dates are based on fiscal year (starts in September of each year); certificates are based on calendar year. Quarter, Registered & Billed, Expiration of Certificate issued when fees paid 1st Quarter September 1 March 31 2nd Quarter December 1 June 30 3rd Quarter March 1 September 30 4th Quarter June 1 December 31 Registered & Billed Expiration of Certificate, issued when fees paid 1st Quarter September 1 March 31 2nd Quarter December 1 June 30 3rd Quarter March 1 September 30 4th Quarter June 1 December 31

Dry Cleaner Registration Forms Any questions on Dry Cleaner Registration forms can be asked at the end of the presentation.

Dry Cleaning Facility Registration Form (Pg. 1), TCEQ form number 20092 Reason for this Filing, Owner Information, and Facility Information are on Page 1.

Dry Cleaning Facility Registration Form (Pg. 2), TCEQ form number 20092 Real Property Owner Information, Other Program Areas of TCEQ, Machine information, Solvent information, Associated Drop Station information, and the Certification Section are on the second page.

Dry Cleaning Drop Station Registration Form (Pg Dry Cleaning Drop Station Registration Form (Pg. 1), TCEQ form number 20207 Reason for this Filing, Owner Information, and Facility Information are on Page 1.

Dry Cleaning Drop Station Registration Form (Pg Dry Cleaning Drop Station Registration Form (Pg. 2), TCEQ form number 20207 Real Property Owner Information, Other Program Areas of TCEQ, Associated Facility information, and the Certification Section are on the second page.

Types of Registration Certificates

Facility • Any dry cleaning solvent • Eligible for remediation fund • Fees based on gross receipts (later slide will explain) • Subject to solvent fees (perc $20 per gal; all other $3 per gal)

Dry Cleaning Facility Sample

Non-Participating Non-Perchlorethylene Facility Owner of the business on January 1, 2004 Not eligible for remediation fund Type transfers to new owner (site can never be participating once non-participating) Perc never used at location Owner never used perc in the state of Texas Owner agreed that perc would not be used as solvent at facility Have real property owner written consent to be non-participating Not subject to solvent fees Fees are $250 per year No longer an option for registration Perc is the common abbreviation for perchlorethylene.

Non-Participating Non-Perchloroethylene Facility Sample

Participating Non-Perchlorethylene Facility Eligible for remediation fund Perc never used at location Never used perc in the state of TX Owner of the business on January 1, 2004 Not subject to solvent fees Fees based on gross receipts Non transferrable if ownership changes No longer an option for registration

Participating Non-Perchloroethylene Facility SAMPLE SAMPLE SAMPLE

Drop Station Fees based on gross receipts No solvent delivered here

Drop Station SAMPLE SAMPLE SAMPLE

Non-Participating Drop Station Effective 9/1/2005 with HB 2376 with a deadline of 2/28/2006 Have real property owner written consent to be non-participating Owned drop station on 1/1/2004 Owner never used perc or allowed the use of perc at any location in Texas Owner agreed that perc would not be used as solvent at facility or drop station Fees are $125 per year No longer an option for registration

Non-Participating Drop Station SAMPLE SAMPLE SAMPLE

Registration Fees

Registration Fees Revised & effective September 1, 2005 Registration fees for facilities: >$150,000 * fee is $2500 annually ($625 per quarter) ≤$150,000 * fee is $250 annually ($62.50 per quarter) Registration fees for drop stations: >$150,000 * fee is $750 annually ($187.50 per quarter) * indicates: gross receipts for the last 12 months, reported on the registration form and verified by the state Comptroller

Property Owner Registration

Registration of Property Owners Not mandatory unless you intend to apply for fund benefits Must register if currently in the Remediation Program as the property or previous property owner Pay an annual registration of $1500, starting 9/1/2007 Late fees assessed beginning 1/1/2008 at a rate of $100 per month until registration starts

Property Owners Continued Registration fees will be billed quarterly at $375 per quarter Fees continue to be paid until corrective action under the fund is completed Property owner registered under the RN where the dry cleaner is or was located

Change of Property Owner Prior property owner is already registered at site New property owner fees begin on date of property ownership change Prior property owner has not registered at site New property owner fees and late fees are due, starting from 9/1/2007

Cancelling Property Owner Give written notification Check to make sure location is not in remediation We are not able to cancel registration if it is an active remediation site When clean-up is complete at location Perc not allowed to be used at location after clean-up

Dry Cleaning Property Owner/ Preceding Property Owner Registration Form, TCEQ form number 20400

Questions? Katherine Benavides KATHERINE.BENAVIDES@TCEQ.TEXAS.GOV 512-239-6783 Direct Number 512-239-2160 DC Registration Team If we run out of time for any questions, feel free to contact the speaker.