1. TIER II REPORTING www.texastier2.org tier2help@tceq.texas.gov
Hoyt Henry
TIER II REPORTING PROGRAM
begin with 1-2 hours of a PP presentation explaining the program and the requirements, give a break, then 1-2 hours of demonstrating the software – how to import previous data, how to enter new data, and how to create a submission.  Allow enough time to answer questions during and after the presentation.
Introduce local contact
Say they can me for the presentation
Ask questions as I go

2. TIER II REPORTING IN TEXAS
Texas Commission on Environmental Quality
Office of Compliance and Enforcement
Critical Infrastructure Division
Homeland Security Section
Tier II Reporting Program
(in Texas only)
– general questions or data requests
– report submissions
Where are we?

3. What is a Tier II Report?
Information on hazardous chemicals stored at a facility that meet or exceed threshold quantities
Required by federal and state law
Environmental and safety hazards posed by the storage of hazardous chemicals
Information used for emergency planning and response
Electronic report completed using EPA software Tier2Submit
Who has never filed a report before?
Can request your 2015 Tier II report from us by ing us at…

4. TIER II REPORTING IN TEXAS
Federal Law:
Federal Emergency Planning and Community Right-to-Know Act (EPCRA)
Also known as the Superfund Amendments & Reauthorization Act (SARA), Title III
Laws designed to help each community prepare for and respond to emergencies involving hazardous substances
EPCRA was passed in response to concerns regarding environmental and safety hazards posed by the storage and handling of hazardous chemicals.
These concerns were triggered by two disastrous major chemical accidents.
1984 – Bhopal India – toxic gas leak 500,000 people exposed to methyl isocyanate gas and other chemicals – 2000 died
1985 – West Virgina Institute toxic gas leaks – 128 injured
EPCRA establishes authorities for emergency planning and preparedness, emergency release notification, and community right-to-know reporting of hazardous and toxic chemicals. EPCRA imposes requirements on federal, state, and local governments, Indian Tribes, and industry regarding emergency planning and "Community Right-to-Know" reporting on hazardous and toxic chemicals.
The Superfund Amendments and Reauthorization Act (SARA), signed into law in
Title III of SARA, which is a free standing statute within SARA—also known as EPCRA
Emergency Planning –
local level planning infrastructure – State and Tribal Emergency Response, Local or Tribal Emergency Planning Committees
List of substance and facilities with most concern, 302 Emergency Planning Notification Requirements - one time notification
Comprehensive Emergency Response Plans
Emergency Release Notification
Hazardout Chemical Storage Reporting Requirements
Toxic Chemical Release Inventory
The TCEQ serves as the state repository for community right-to-know information, provides outreach for compliance on both the federal and state laws, supports Local Emergency Planning Committees (LEPCs) in community right-to-know endeavors, and administers an enforcement program.
Texas Tier II Reports, which are required to be maintained for 30 years. Annual inventory filing fees, which are collected under the TCRAs, provide the funding for both the community and worker right-to-know programs.

5. TIER II REPORTING IN TEXAS
State Laws:
Texas Health & Safety Codes
Health and Safety Code 505 Manufacturers
Health and Safety Code 506 Public Employers
Health and Safety Code 507 Non-Manufacturers
25 Texas Administrative Code
Rules that provide criteria for compliance
The TCEQ serves as the state repository for community right-to-know information, provides outreach for compliance on both the federal and state laws, supports Local Emergency Planning Committees (LEPCs) in community right-to-know endeavors, and administers an enforcement program.
Texas Tier II Reports, which are required to be maintained for 30 years. Annual inventory filing fees, which are collected under the TCRAs, provide the funding for both the community and worker right-to-know programs.

6. Manufacturer, Non-manufacturer, and Public Employers
Manufacturer (§505) = North American Industrial Classification System (NAICS) code beginning with 31-33
Public Employer (§506) = Facilities operated by the state or political subdivisions of the state (e.g., state agencies, public schools, publically-owned utilities etc.)
Non-manufacturer (§507) = NAICS code with or and those not considered public employers
"Public employer" means:
(A) the state and political subdivisions of the state, including state, county, and municipal agencies;
(B) public schools, colleges, and universities;
(C) river authorities and publicly owned utilities;
(D) volunteer emergency service organizations; and
(E) other similar employers who are not covered by the federal Occupational Safety and Health Act of 1970 (Pub. L. No ), the Federal Coal Mine Health and Safety Act of 1969 (Pub. L. No ), or the Federal Mine Safety and Health Amendments Act of 1977 (Pub. L. No ).

7. TIER II REPORTING IN TEXAS
House Bill th Texas Legislature
Effective September 1, 2015
Transferred the Tier II Reporting Program from the Texas Department of State Health Services (DSHS) to the Texas Commission on Environmental Quality (TCEQ)
Ammonium Nitrate – changed from 90 days to 72 hours to report
Add note about AN facilities?
Urea does not count
Solid AN
Texas Agricultural Code
CAS:

8. Tier II Reporting for 2017
Tier II Online Reporting System is postponed until April of 2018
Using the Tier2 Submit software for annual Tier II Reports
Reports must include a customer number (CN), regulated entity number (RN), and TXT2 number
Online method to obtain numbers is through STEERS
Chemical hazards – new list
NAICS codes updated
Updated website

9. WHAT IS NOT REPORTABLE
Hazardous Waste – as defined by 42 USC 6901 (RCRA)
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 (does not apply if EHS)
Radioactive Waste
Does not meet threshold amount
What is an article?
Any substance present in an article, which is defined as a manufactured item whose function is determined by its shape at the time of manufacture and which does not release a hazardous chemical under normal conditions of use or otherwise present a physical hazard or health risk to employees. Some examples of this article exemption are furniture, sealed toner cartridges for photocopiers, sealed capacitors, and dry cell batteries. Please note that lead acid (wet cell) batteries can never be classified as articles.

10. WHAT IS REPORTABLE?
Extremely Hazardous Substances (EHS) as defined by 40 CFR 355
Appendix A – alphabetical order
Appendix B – CAS Number order
Threshold Planning Quantity (TPQ) or 500 lbs – whichever is less
idx?node=ap _161.a&rgn=div9
Only includes chemicals on this list

11. WHAT IS REPORTABLE
Hazardous Chemicals as defined by OSHA (29 CFR (c))
Physical or health hazard, asphyxiant, combustible dust, pyrophoric gas etc.
Required to keep an SDS on file
Reporting threshold:10,000 lbs or greater

12. If your facility is a retail fuel service station, then the Tier Two reporting thresholds for gasoline and diesel have been set at much higher levels than the Tier Two reporting thresholds for all other industries
In order to qualify for these higher thresholds, your facility must meet all three of the following conditions: ● Your facility MUST be classified as a retail service station (SIC Code 5541 or NAICS Codes or ). ● All of the gasoline and diesel fuel stored at your retail service station MUST be stored in underground storage tanks. ● The underground storage tanks for the gasoline and diesel fuel MUST be in compliance with the federal Underground Storage Tank requirements (40 CFR Part 280) enforced in Texas by the Texas Commission on Environmental Quality (TCEQ). If your facility meets all three of the requirements state above, then the reporting thresholds for these two fuels will be as follows: ► 75,000 gallons for gasoline ► 100,000 gallons for diesel fuel If one or both of these reporting thresholds is exceeded during the Calendar Year prior to the Tier Two reporting deadline, then the facility will be required to report these fuel products in an electronic Tier2 Submit data file.

13. WHEN TO REPORT
Annual Reporting Period = Jan 1 – March 1, for previous calendar year
New chemical onsite = within 90 days
Change in current chemical amount range = 90 days
Fertilizer grade ammonium nitrate = 72 hrs
Currently reporting for chemicals stored in 2016

14. HOW TO REPORT Download EPA Software
New version needs to be downloaded each year
Software location
EPA: software
TCEQ link: to-use-tier2-submit.html

15. WHAT TO REPORT-Location
Facility Name
Facility Address
Facility Lat/Long

16. WHAT TO REPORT-ID and Regs
Manned/Unmanned
North American Industrial Classification System (NAICS)
Dun & Bradstreet
Subject to Risk Management Program (RMP) Section 112(r) Clean Air Act?
RMP list – Chlorine = 2,500lbs threshold
Subject to Emergency Planning under EPCRA 302?
Yes if have EHS chemical at its TPQ
Manned and Unmanned definitions in Help Menu

17. NAICS Codes North American Industrial Classification System (NAICS):
6-digit number required
NAICS codes are self-identified codes selected for each facility
Codes are updated every 5 yrs
On the left-hand side “Concordances” will have a list just of the changed NAICS codes from 2012 to 2017.
A full list can be found on the right under “2017 NAICS to 2012 NAICS”

18. 2017 Update to NAICS Codes
North American Industrial Classification System (NAICS):
Tier II Reports are required to have the 2017 NAICS code
2012 NAICS Code
2012 NAICS U.S. Description
2017 NAICS Code
2017 NAICS U.S. Description
211111
Crude Petroleum and Natural Gas Extraction crude petroleum extraction natural gas extraction
211112
Natural Gas Liquid Extraction
211130
325510
Paint and Coat Manufacturing
485410
School and Employee Bus Transportation

19. WHAT TO REPORT-Contacts
Phone, address, for each contact
Emergency Contact
2 phone numbers, 1 has to be a 24 hr number (cannot be 9-1-1), and must be local
Tier II Information Contact
Owner/Operator Contact
Facility Emergency Coordinator
If an EHS is present at its TPQ (subject to EPCRA 302)
Emergency contact: local person who can act as a referral if emergency responders need assistance.

20. WHAT TO REPORT-State Fields
TXT2 Number: Tier II program specific number (Program Area ID)
Customer Number (CN): TCEQ agency-wide used number for the customer
Regulated Entity Number (RN): TCEQ agency-wide used number for the specific site
Some CN and RN numbers can be verified using Central Registry:
TCEQ requires facilities who must comply with a host of environmental rules, registrations, permits, notifications and authorizations, to submit a Core Data Form to the agency so the facility is properly entered into the TCEQ Central Registry. The Core Data Form captures basic data on each facility in a centralized location so each affiliated TCEQ database is able to utilize that core information to supplement the additional technical information required by agency programs. All TCEQ processes from permits, authorizations, reporting, compliance, billing, investigations, and enforcement actions are dependent on the key identifier of CN and RN. All 75 TCEQ environmental programs follow these core data requirements. TXT2 identifies the facility as a Tier II facility in CR.

21. WHAT TO REPORT-State Fields
Need to apply for TXT2, CN, and RN if you do not have them:
Online: STEERS
Website has detailed instructions
We will be covering this process later on in the class.

22. WHAT TO REPORT-Chemicals
For each chemical:
Chemical Name
Chemical Abstract Service (CAS) Number
Physical State
Amount Range, Max & Avg
Physical/Health Hazards – expanding
EHS? –yes or no
Precise Chemical Location Within Facility
Confidential Location Within Facility? yes or no
Chemical hazards expanding 23. Integrates definitions from OSHA definition
Precise location within facility can be provided by text, site plan, or (in some situations) lat/long

23. 2017 Change in Hazards

24. WHERE TO SEND COMPLETED REPORT
Send Reports to all of the following:
1. TCEQ is now the agency within the State Emergency Response Commission that collects and maintains Tier II reports. Electronic format required.
to:
2. Local Emergency Planning Committee (LEPC)- list on Tier II website
LEPC-contact-list.pdf
3. Local Fire Department – list on website

25. Paying Fees What is the fee? Fees are based on: Type of facility:
manufacturer,
non-manufacturer,
Public employer
Number of chemicals
Number of facilities
Fee calculator on the website:
culating-fees.html

26. Paying Fees

27. Paying Fees Pay online using ePay Go to our ePay site.
Under Option 3, View List of Fees by Media, choose Other.
Input your Program Area ID, which is your TXT2 number that you used in your report.
Get receipt!
*Required items have an *

28. Paying Fees Mail in form
If you need to pay by check or money order, fill out the payment form and send it with your payment to the Cashier's Office address.

29. QUESTIONS?