- What is a Texas Tier Two Report?
- What is the State Emergency Response Commission (SERC)?
- Who should receive the Tier Two report?
- I am a plant manager. We have our own fire department. Do we file the Tier Two Report with them?
- Who is using the Tier Two information?
- What is the mailing address for the Tier Two report and filing fee? What is the payee name for the Tier Two filing fee check or money order?
- How can I tell if a chemical or chemical product is "hazardous" and therefore reportable on the Tier Two report?
- Can the Program provide me with a list of all hazardous chemicals which may have to be reported on the Texas Tier Two Report?
- Would an Agricultural cooperative's hazardous chemicals, such as pesticides and fertilizers, be exempted from reporting on the Tier Two Report because they are "used in routine agricultural operations" or "are fertilizers held for sale by a retailer to the ultimate consumer"?
- Is a mixture that has less than one percent of a hazardous chemical considered hazardous?
- Why are all compressed gases considered hazardous?
- Does a facility which stores or uses hazardous chemicals at or above the reporting thresholds have to file a Texas Tier Two Report and filing fee every year?
- Nothing has changed since we reported last year, do we still have to report?
- If I obtain a new chemical during the year do I need to file an "Update" Tier Two report?
- I am the operator of a public warehouse. Am I responsible for reporting the hazardous chemicals that a tenant stores in the warehouse space he leases?
- I am the operator of an oil and/or gas production and/or exploration facility. Is the use of the generic Tier Two inventory form designed by the American Petroleum Institute (API) acceptable in Texas?
- What information should be entered into the Owner/Operator fields in Tier2 Submit?
- What information should be entered into the Facility Name and the Address fields under the Tier2 Submit Facilities/Address screen?
- Can I list multiple facilities’ addresses in the “locations” fields of the Tier2 Submit / Chemicals in Inventory /Storage Location screen?
- How large of an area can I designate as a single facility for Tier Two reporting?
- When can I consolidate facilities under one filing fee?
- I store the same chemical in various sections of my facility. Should I report each location separately?
- What is the CAS number and where can I find it?
- How do I report mixtures?
- Do fuels such as gasoline and diesel fuel, which have many grades (i.e., unleaded, super unleaded, premium, etc.) have to be reported as separate chemicals on the Tier Two report or can they be reported simply as "gasoline" and/or "diesel fuel"?
- How do I report lead-acid batteries on the Tier Two report?
- Do I have to submit an Emergency Planning Letter (EPL) for my Extremely Hazardous Substance (EHS)?
- Is a map or site plan required to be submitted with the Tier Two Report in Texas?
- Are there any penalties or fines for filing the Tier Two report late?
- How long am I legally obligated to keep my Tier Two report(s) at my facility?
Community Right-to-Know Program
1. What is a Texas Tier Two Report?
A. The Texas Tier Two Report is an annual hazardous chemical inventory which provides detailed information on chemicals which meet or exceed specified reporting thresholds at any time during a calendar year. There are two types of thresholds that determine whether a hazardous chemical will be included on the Texas Tier Two Report: There are very low thresholds for any of the listed Extremely Hazardous Substances (500 pounds or the Threshold Planning Quantity in pounds for the specific listed chemical, whichever amount is less). For all other "generally hazardous chemicals" [products which require a Material Safety Data Sheet (MSDS) under the federal Occupational Safety and Health Administration's (OSHA's) Hazard Communication Standard], the threshold for reporting is 10,000 pounds.
The Texas Tier Two Report includes facility tracking information, as well as information on the hazardous chemicals being reported, including common and chemical names of products, hazard classifications, reporting ranges, days on site, container types, and storage locations. Under a new state tule, effective August 1, 2006, Tier Two Reports must be submitted to DSHS in electronic format, using the Tier2 Submit software program to prepare the electronic file.
Please see the new options for submitting your electronic Tier Two data file and filing fee at the following link:
2. What is the State Emergency Response Commission (SERC)?
A. The State Emergency Response Commission (SERC) is a multi-agency work group charged with performing certain state emergency planning, community right-to-know, and response functions relating to hazardous materials. Every state is required to establish a SERC under the federal Emergency Planning and Community Right-to-Know Act (EPCRA, also known as SARA, Title III). In Texas, the SERC is a standing element of the Texas Emergency Management Council, a group of more than 20 state agencies, the American Red Cross, and the Salvation Army, that was originally created under the 1975 Texas Disaster Act. The Texas SERC is headquartered at the Texas Department of Public Safety, Division of Emergency Management. As a member agency of the SERC, the Texas Department of State Health Services, Tier II Chemical Reporting Program serves as the state repository for the Tier Two Chemical inventory reports.
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3. Who should receive the Tier Two report?
A: Your electronic Tier Two data file and filing fee must be submitted to the Texas Department of State Health Services, following the options provided at the following link: http://www.dshs.state.tx.us/tiertwo/publications.shtm#newprocedures
Also, send a copy of the Tier Two report to the fire department with jurisdiction over your facility and to the Local Emergency Planning Committee (LEPC) for your County/Area. Please submit electronic Tier Two data files to LEPCs and fire departments on disk, via regular mail.
4. I am a plant manager. We have our own fire department. Do we file the Tier Two Report with them?
A: No. The intent of the law is that the nearest community fire department should be given this information. However, the information may be helpful to the plant fire department in case of an emergency.
5. Who is using the Tier Two information?
A: Under state and federal open records laws, any person may submit a request to receive or view a copy of any Tier Two Report or other document submitted to the Program under EPCRA or the TCRAs. Any information in the requested documents that is determined to be confidential must be witheld from release to the public. Requests for open records must be submitted in writing and must specify the scope of the records search (ranging from very specific requests for a single facility's current documents to very broad requests based on geographic areas, industry classifications, reporting years, etc.). Tier Two Report information is also used by emergency response personnel (fire, police, and Emergency Medical Services) in responding to accidents and other community emergencies and by Local Emergency Planning Committees who use this information for developing community emergency response plans.
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6. What is the mailing address for the Tier Two report and filing fee? What is the payee name for the Tier Two filing fee check or money order?
Please see the new options for submitting your electronic Tier Two data file and filing fee at the following link:
Make the check payable to:
Texas Department of State Health Services –ZZ109-180.
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7. How can I tell if a chemical or chemical product is "hazardous" and therefore reportable on the Tier Two Report?
A: The Material Safety Data Sheet (MSDS) for a product is the most reliable source of information to help in determining whether that product is considered "hazardous." There are several facts you need to know before you start evaluating MSDSs to determine what products you will need to report:
- Many product manufacturers choose to publish MSDS's on all of their products, regardless of their hazard classification under the OSHA HCS, so issue of an MSDS does not necessarily mean that the chemical product is classified as an "OSHA hazardous chemical."
- Many MSDS's contain regulatory information on both the federal worker right-to-know law (OSHA HCS) and the federal community right-to-know, EPCRA, the latter of which is often referenced on MSDS's under its original name, the "Superfund Amendments & Reauthorization Act (SARA), Title III." (In other words, EPCRA = SARA Title III.)
There are several sections of the MSDS that will give clues to help determine whether a chemical product is considered an OSHA hazardous chemical:
- Regulatory Information Section:
- If the MSDS says the chemical product is regulated under EPCRA, Sections 302, 311, 312 and/or 313, then it is considered an OSHA hazardous substance.
- If the MSDS provides the EPCRA hazard categories (Acute, Chronic, Fire, Pressure, and Reactivity) and indicates that one or more of the hazard categories are applicable (example: a hazard category box or blank is checked), then the product is considered an OSHA hazardous substance. However, if these hazard categories are provided and none of the hazard categories' boxes or blanks are checked, then the chemical product is not considered an OSHA hazardous substance.
- If the MSDS says the chemical product is not reportable under EPCRA, Sections 311 and 312, then the chemical is exempt from Tier Two reporting requirements.
- If the MSDS indicates that the chemical product is exempt from EPCRA, Section 313, but does not indicate that it is exempt from Section 311 and 312 of SARA Title III (EPCRA), then it is not necessarily exempt from Tier Two reporting.
- The chemical product is reportable if one or more sections of the MSDS indicate that the product is regulated under the OSHA HCS. This may be referenced under the legal citation for the HCS, "29 CFR 1910.1200."
- Hazardous Chemical Ingredients Section (usually appears as the second section of the MSDS): The chemical product is hazardous if the MSDS indicates that the product has at least one of the following exposure guidelines for one or more hazardous ingredients:
- OSHA established Short Term Exposure Limit (STEL)
- OSHA Permissible Exposure Limit (PEL).
- American Conference of Governmental Industrial Hygienists (ACGIH) established Threshold Limit Value (TLV) or Time Weighted Average (TWA).
- Control and Protective Measures Section: If the MSDS contains the National Fire Protection Association (NFPA) fire diamond or the Hazardous Materials Information System (HMIS) hazard ratings, the chemical is reportable if one or more of the ratings has a value of 1 or above. The chemical product is exempt if each and every NFPA or HMIS category has a hazard rating of zero. However, if the NFPA and HMIS ratings do not fall into either of the two situations described above, you may want to consult with the Program, as described below:
If you have reviewed a product's MSDS and still cannot determine whether it is reportable on the Tier Two Report, please contact one of the Program technical staff for assistance. You may be requested to send a fax of the MSDS to the Program to assist us in reviewing the product information.
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8. Can the Program provide me with a list of all hazardous chemicals which may have to be reported on the Texas Tier Two Report?
A: No. Technically, there is no "list" of all reportable hazardous chemicals (sometimes referred to as the OSHA list) because there are approximately 650,000 products which may require a Material Safety Data Sheet under OSHA's Hazard Communication Standard, there are new products being invented and produced every day which may meet OSHA's definition of a "hazardous chemical", and there is no standardized system for naming hazardous chemical products. In other words, the "list" is extremely large and ever-changing. Instead of using a list, the Program relies on OSHA's definition of "hazardous chemical" to determine which products may need to be reported on the Texas Tier Two Report. So, if you are required to maintain or provide an MSDS for a substance that you store or use at your facility, and the substance exceeds the Tier Two reporting threshold(s), then you should assume that it needs to be reported unless it meets one of the exemptions listed in the Tier Two reporting instructions on this Web site.
9. Would an Agricultural cooperative's hazardous chemicals, such as pesticides and fertilizers, be exempted from reporting on the Tier Two Report because they are "used in routine agricultural operations" or "are fertilizers held for sale by a retailer to the ultimate consumer"?
A: The answer to this question depends on the Standard Industrial Classification (SIC) Code or North American Industry Classification System (NAICS) Code that has been assigned to the agricultural cooperative by the Texas Workforce Commission (TWC). Most, if not all agricultural cooperatives in Texas are classified by TWC under SIC Code 5191 or NAICS Code 42291, which means that they are classified as "wholesale, farm supplies." Therefore, if the amount of a pesticide or fertilizer in storage at an agricultural cooperative exceeds the Tier Two reporting thresholds, the cooperative should report those chemicals on the Tier Two Report. Although retail customers can make purchases at agricultural cooperatives, the majority of a cooperative's customers are operators of farms (businesses) and are making wholesale purchases.
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10. Is a mixture that has less than one percent of a hazardous chemical considered hazardous?
A: The answer to this question depends on the hazardous chemical under consideration. If the total mixture still presents a physical or health hazard, as defined under the OSHA HCS, then the total amount of the mixture is reportable. Under the OSHA HCS, a hazardous chemical is defined in two ways:
- By threshold concentrations of listed hazardous chemicals, as follows:
- Any mixture that contains a hazardous chemical that has been assigned a Permissible Exposure Limit (PEL) under OSHA's regulations or a Threshold Limit Value (TLV) by the American Conference of Governmental Industrial Hygienists (ACGIH), and in which that chemical is present at a concentration of 1% or more.
- Any mixture that contains a hazardous chemical that has been determined to be a carcinogen or potential carcinogen by either the National Toxicology Program (their list is published in their "Annual Report on Carcinogens") or the International Agency for Research on Cancer (IARC, whose list is published in their "Monographs"), and in which that chemical is present at a concentration of 0.1% or more.
- By a worded definition, as follows:
"Health hazard" means a chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed employees. The term "health hazard" includes chemicals which are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes."
As you can see from the very broad worded definition provided above and the previous reference to listed carcinogens, a mixture can contain less than 1% of a hazardous chemical and still be classified as a "health hazard" or "hazardous" under the OSHA HCS.
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11. Why are all compressed gases considered hazardous?
A: As defined by the OSHA HCS, compressed gases are "those gases or mixtures of gases that have an absolute pressure of 40 pounds per square inch (psi) at 70° F or an absolute pressure exceeding 104 psi at 130 deg. F, regardless of the pressure at 70 deg. F." All compressed gases are considered hazardous since they pose a sudden release of pressure or explosion hazard due to the fact that their contents are under very high pressure. Therefore, even compressed gas cylinders of breathing air are considered "hazardous" because of their physical hazard. Many compressed gases also pose health threats when their contents are released because the gases in the containers are classified as "hazardous" by OSHA, based on the gases' toxicity, irritant properties, ability to displace oxygen, etc.
12. Does a facility which stores or uses hazardous chemicals at or above the reporting thresholds have to file a Texas Tier Two Report and filing fee every year?
A: Yes. The facility owner or operator is responsible for filing the Tier Two electronic data file and filing fee for every year during which the facility met or exceeded the reporting thresholds.
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13. Nothing has changed since we reported last year, do we still have to report?
A: Yes. This is an annual reporting requirement under both federal and state law. You are required to file by March 1st of each year and report the hazardous materials you had on site during the previous calendar year that were at or above the reporting threshold of 10,000 pounds, or for Extremely Hazardous Substances (EHSs- Appendix A and B,scroll down), the Threshold Planning Quantity (TPQ) or 500 pounds, whichever is the lesser amount.
14. If I obtain a new chemical during the year do I need to file an "Update" Tier Two report?
A: You will need to file a Tier Two Report, but it will be called an "Initial Tier Two Report." Initial Tier Two Reports need to be filed whenever a facility acquires a new chemical above the reporting threshold. The facility operator will have 90 days in which to file the Initial Tier Two Report and filing fee with DSHS after obtaining the chemical at the facility. A filing fee is required since the chemical was not previously reported on the most recent annual Tier Two Report for that particular facility. "Updated Tier Two Reports" are only required to be submitted when the facility operator needs to submit new information on a previously reported chemical (such as a new Average Daily Amount Reporting Range, a new storage location, a new storage container description, etc.) or needs to update Cover Sheet information. There is no filing fee associated with an Update Tier Two report.
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15. I am the operator of a public warehouse. Am I responsible for reporting the hazardous chemicals that a tenant stores in the warehouse space he leases?
A: Yes. As the operator, you are responsible not only for those hazardous chemicals which you own or lease and which you store at your warehouse, but also for all hazardous chemicals stored at your facility by tenants. The OSHA HCS requires operators of public warehouses to obtain MSDS's for all hazardous chemicals that are stored at their facilities. Therefore, it is your responsibility to determine what your tenants are storing at your facility and to file a Tier Two Report on any reportable hazardous chemicals stored at the facility in excess of the reporting thresholds. The Program recommends that warehouse operators specify in lease agreements with tenants that information on hazardous chemicals (including MSDSs) must be shared with the operator.
16. I am the operator of an oil and/or gas production and/or exploration facility. Is the use of the generic Tier Two inventory form designed by the American Petroleum Institute (API) acceptable in Texas?
A: No. Since the Texas Community Right-to-Know Acts’ Rules now require Tier Two data to be supplied in electronic Tier2 Submit format, reporters may no longer use the generic API Tier Two Chemical Inventory Forms and may no longer report chemicals by “categories,” as allowed in the use of the API form. Oil and gas exploration and/or production facility operators may contact the Tier II Chemical Reporting Program for assistance on how to report their hazardous chemicals by individual chemical or chemical product names.
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17. What information should be entered into the Owner/Operator fields in Tier2 Submit?
A: The business or agency name should always be listed as one of the Contacts in Tier2 Submit. For businesses or agencies, enter the Owner/Operator name into the Last Name field in Tier2 Submit. The only exception to this requirement occurs when the owner/operator is a sole proprietor (individual). (Sole proprietors should provide both a First Name and Last Name.) The address listed for the Owner/Operator should be the mailing address for the business or agency. If the facility is a business owned and/or operated by a corporation, the corporation's name and address should be provided as the Owner/Operator. If the facility is a municipal water treatment plant, then the Owner/Operator will be the name of the city that operates the plant. The Owner/Operator should only be listed as the name of an individual when that person is the sole proprietor.
It is very important for the Program to register each electronic Tier2 Submit file under an appropriate Owner/Operator name as described above, because the Owner/Operator fields are the first items of information from each facility's report that are logged into our database. Entry of this information allows the Program to quickly search for a Tier Two Report because the Owner/Operator data entry can be completed within a few months of receipt of the Tier Two Reports, most of which are received in late February to early March of each year. (The Program receives approximately 64,000 Tier Two facility reports each year, but fewer than 10,000 Owner/Operators file those reports.) The Owner/Operator information is frequently used by both the Program and the U.S. Environmental Protection Agency, Region 6, to determine Tier Two compliance.
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18. What information should be entered into the Facility Name and the Address fields under the Tier2 Submit Facilities/Address screen?
A: The Facility Name field should contain an identifiable name for the actual facility where the chemicals are in storage or use. The Program recommends that the Facility Name correspond to the name provided on any signs that appear on or adjacent to the facility building(s). For the Facility Address field, you must provide either a physical address or latitude and longitude coordinates for the facility. Acceptable physical addresses are street addresses, 911 addresses, or a unique intersection of two roads. A street address should always be provided for any facility that has been assigned such an address. If your facility is in a rural area and does not have a street address or 911 address, then you must provide Latitude and Longitude coordinates. You will still need to provide an entry in the Facility Address field in Tier2 Submit in order to have your data validate, so if you are providing latitude and longitude coordinates, please type “Lat/Long” or “N/A” in the Facility Address field and then provide the latitude and longitude coordinates in the appropriate fields on the Facilities/Location & Id screen.
19. Can I list multiple facilities’ addresses in the “locations” fields of the Tier2 Submit / Chemicals in Inventory /Storage Location screen?
A: No. A separate Facility Name and corresponding Facility Address must be completed for each facility location that has hazardous chemicals on site in quantities equal to or greater than the reporting thresholds. In the Tier2 Submit software program, you can create Tier Two data records for multiple facilities IF all of these facilities are under the same Owner/Operator. When you click on the View List hot button in Tier2 Submit’s Facilities/Address screen, you will be able to see a table containing each individual record for each facility that you have entered. Multiple facilities under the same Owner/Operator may be zipped into a single electronic file in Tier2 Submit for submission to the Tier II Chemical Reporting Program.
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20. How large of an area can I designate as a single facility for Tier Two reporting?
A: There is no exact size limit. In sections 295.181 (8), 295.182 (8) and 295.183 (8) of the Texas Community Right-to-Know Acts' Rules, the definition of "facility" states "all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites that are owned or operated by the same person or by any person who controls, is controlled by, or is under common control with that person…" can be considered a single facility. For example, if an oil production company had a large field with numerous tank batteries on it that all had the same owner/operator and were on contiguous or adjacent leases, it could be considered one facility for Tier Two reporting purposes. This would keep the filing fee to a minimum as opposed to designating each tank battery on the field as a separate facility.
21. When can I consolidate facilities under one filing fee?
A: To consolidate filing fees, you must meet all of the following conditions, as appropriate:
- Each facility must have the same operator
- Each facility must have no more than 24 reportable chemicals
- Each facility must have the same Owner/Operator name and address
- Two manufacturing facilities can be consolidated under one $100 fee
- Up to seven non-manufacturing or public facilities can be consolidated under one $50 fee
Fees can be consolidated for facilities with different chemicals and different LEPC jurisdictions. If you are reporting multiple facilities that meet the criteria above, you may want to use the Fee Calculator on this website to determine the total filing fee owed.
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22. I store the same chemical in various sections of my facility. Should I report each location separately?
A: You should report the chemical on the Chemicals in Inventory/Physical State & Quantity screen in Tier2 Submit. Then list each of the chemical’s physical storage locations separately under the Chemicals in Inventory/Storage Locations screen under the “Locations” fields (using one line for each storage code and location). However, if your facility is storing a hazardous chemical in small quantities at numerous locations throughout the facility, you may report the location description under Chemicals in Inventory/Storage Locations/Locations as "throughout facility" (with just a single line entry). Storage location descriptions for large quantities of the chemical (such as a primary storage tank, a warehouse storage location for original containers, etc.) should still be provided as separate line entries under the Chemicals in Inventory/Storage Locations screen, in the Locations fields (one description per line under “Locations”).
23. What is the CAS number and where can I find it?
A: The Chemical Abstract Service (CAS) registry number is the unique number assigned to a given chemical or chemical compound as assigned by Chemical Abstract Service. This number may generally be found on Material Safety Data Sheets (MSDSs) in either the Chemical Ingredients Section (for mixtures) or the Product Name Section (for pure hazardous chemicals). If you are having difficulty finding the CAS number, please contact the program at 1-800-452-2791 (toll-free in Texas) or 512-834-6603 (for out-of-state callers).
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24. How do I report mixtures?
A: There are two ways to report mixtures in the Tier2 Submit software program:
- Facilities that are classified as Manufacturers (NAICS Codes starting with 31-33 or SIC Codes starting with 20-39), and that manufacture hazardous chemical mixtures (such as name brand products containing multiple hazardous ingredients), may report each of the hazardous chemical ingredients in the mixture as separate chemicals, under separate Chem Name entries in the Chemicals in Inventory screens of Tier2 Submit. This type of reporting is advantageous to facilities that manufacture several product mixtures that have one or more identical hazardous chemical ingredients. In other words, if the manufacturer of a hazardous chemical product prefers to report each of the raw materials (hazardous chemicals) that make up the product, then the manufacturer may report each raw material separately in Tier2 Submit. However, if the manufacturer chooses to report in this manner, then the facility must report quantities, container types, storage locations, and other related chemical data based on both the raw material in storage/use and the raw material contained in the mixture. Please note that this type of reporting is only allowed for manufacturers of the reported mixtures, and the manufacturer must have a separate MSDS for each hazardous ingredient that will be reported in this manner. If a hazardous chemical product mixture is used or stored at the manufacturing facility, is not manufactured at the facility, and exceeds the Tier Two reporting thresholds, then it should be reported as a Mixture in Tier2 Submit. (See the non-manufacturer’s instructions for reporting mixtures under the next bullet.)
- Non-manufacturing facilities that have hazardous chemical product mixtures should take the following steps: First, apply the Tier Two reporting thresholds to the total quantity of the mixture (not to each individual hazardous chemical ingredient). If the mixture exceeds the Tier Two reporting threshold, then report the mixture under the product name provided on the container label. Use this label name as the Chem Name entry under the Chemicals in Inventory / Physical State & Quantity screen. Then open the Mixture Components screen and enter each hazardous chemical ingredient and corresponding CAS number, as listed on the product’s MSDS.
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25. Do fuels such as gasoline and diesel fuel, which have many grades (i.e., unleaded, super unleaded, premium, etc.) have to be reported as separate chemicals on the Tier Two report or can they be reported simply as "gasoline" and/or "diesel fuel"?
A: The amounts can be consolidated and reported simply as "gasoline" and "diesel fuel" since they would all pose the same health and flammability hazards.
26. How do I report lead-acid batteries on the Tier Two report?
A: First, determine the total weight of all the lead-acid batteries at the facility. If the sum is greater than 10,000 pounds, the batteries must be reported as one chemical entry under the Chemicals in Inventory screens. Then open the Mixture Components screen and enter each hazardous chemical ingredient , including Sulfuric Acid, on this screen, along with each ingredient’s corresponding CAS number, as listed on the battery’s MSDS.
Second, Determine the total weight of Sulfuric acid in the batteries. This is done by using the following formula:
Weight of Battery x % Electrolyte in battery x % sulfuric acid in electrolyte = weight of sulfuric acid
If the percentage of electrolyte in the battery or the percentage of sulfuric acid in the electrolyte is unknown you may use the following formula:
Weight of battery x 0.18 = estimated weight of sulfuric acid
If the total amount of sulfuric acid in all the batteries is above 500 pounds, the sulfuric acid must be reported as a separate chemical entry under the Chemicals in Inventory screens. For this entry, you may note on the Storage Locations screen / Locations field(s) that the sulfuric acid is stored in lead acid batteries, and then you can provide the storage location description of those batteries.
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27. Do I have to submit an Emergency Planning Letter (EPL) for my Extremely Hazardous Substance (EHS)?
A: No. If you have an EHS chemical in excess of its reporting threshold, then when you file the annual Tier Two Report in electronic format, you will need to go to the Tier2 Submit / Facilities / State Fields screen and click on the check box labeled “EPCRA 302 Submission.” Checking this box indicates that your facility is notifying the state that it is subject to the Emergency Planning Letter provision of Section 302 of EPCRA. This action is equivalent to filing the Emergency Planning Letter and helps DSHS in eliminating unnecessary paper records.
28. Is a map or site plan required to be submitted with the Tier Two Report in Texas?
A. No, facility maps and site plans are only required when a map or site plan is specifically referenced in (in lieu of providing a physical description of the chemical's storage location) in the Chemicals in Inventory / Storage Locations screen / Locations field(s) in Tier2 Submit. The Program recommends that facility operators contact their LEPCs and fire departments to find out if either of these emergency response and planning groups are requesting voluntary submission of facility maps or site plans with the Tier Two Report data. If you plan to submit a map or site plan to DSHS along with your Tier2 Submit data file, then please prepare the map in electronic format. (In other words, if you have a hard copy map to submit, please scan the image and submit the electronic image file to DSHS.) Acceptable electronic formats for map/site plan images submitted to DSHS are bitmap, jpg, tif or gif. If the electronic map/site plan will not fit on the floppy disk or CD containing your Tier2 Submit data file, then please copy the electronic map/site plan file to another disk and include this with the disk containing your Tier2 Submit data file. You may zip electronic map/site plan files in order to make them fit on a disk, as necessary.
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29. Are there any penalties or fines for filing the Tier Two report late?
A: No, there are no penalties for filing your report late. However, your facility runs the risk of being randomly inspected as a potentially non-compliant facility by the Texas Department of State Health Services (DSHS) or the U.S. Environmental Protection Agency (EPA), Region 6 (Dallas office), which could lead to assessment of penalties. Administrative penalty fines from DSHS can range as high as $20,000 (per facility) for failure to file the Tier Two Report and filing fee with DSHS and copies of the Tier Two Report with the local fired department and LEPC. However, evaluation of a facility's compliance history could result in a considerable reduction of these fines. EPA's fines are considerably more than those issued by DSHS. The Program's goal is to bring facilities into compliance so that their hazardous chemical inventory information is provided for emergency planning and response, so if a facility voluntarily submits a late Tier Two Report, it is unlikely that any penalty would be assessed.
30. How long am I legally obligated to keep my Tier Two report(s) at my facility?
A:Each of the Texas Community Right-to-Know Acts (TCRA's) requires the facility operator to keep at the facility a copy of the most current Tier Two Report that has been filed with DSHS, the fire department, and the LEPC. The Program recommends that you keep your current year's Tier Two Report (both hard copy and electronic) on hand at the facility. Under the current TCRA's rules, an electronic Tier Two file is equivalent to a hard copy Tier Two Report. These rules help to ensure that facility operators will not have to maintain hard copies of Tier Two Reports at their facilities if they have maintained electronic files of these reports. Under the TCRAs' requirements, the Texas Department of State Health Services must keep copies of the Tier Two reports for 30 years.
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