IN TEXAS, YOUR COMPANY NEEDS TO FILE A TIER II HAZARDOUS CHEMICAL INVENTORY REPORT WITH THE TCEQ BY MARCH 1.
The deadline for all manufacturing and non-manufacturing facilities to file a Tier II report with TCEQ (The Texas Commission on Environmental Quality) is March 1, 2020. This report is required to be submitted annually to avoid enforcement actions and significant penalties.
- Industry and business sectors under EPCRA Section 312 (Emergency Planning & Community Right-to-Know Act) that may meet the reporting requirements could include:
- Bioengineering, Chemical Formulators, Cold Storage/Ice Manufacturing, Chemical Distribution, Manufacturers, Metal Fabrication, Metal Plating, Oil/Gas/Propane, Pharmaceuticals, POTWs/Water Treatment Plants, Plastic Manufacturers & Processors, Waste/Disposal/Storage, Warehouses/Distributors.
- Other industries may also include: Auto Body Shops, Bus Companies, Colleges/Universities, Concrete (ready-mix), Electronics, Golf Courses, Recyclers, Scrap Yards.
Tier II Reports Required for Compliance with EPCRA in Texas and beyond
Tier II reporting is required for compliance with Emergency Planning & Community Right-to-Know Act (EPCRA); Title III Superfund Amendments & Reauthorization Act (SARA).
Under Section 312, SARA Title III, Tier II reports—more officially known as Emergency and Hazardous Chemical Inventory Forms—are required to be submitted annually to local fire departments, Local Emergency Planning Committees (LEPCs) and State Emergency Response Commissions (SERCs).
Data collected on Tier II reports are extremely important and detailed reports as they provide state and local officials, as well as the public, with very specific information such as the name of the hazardous chemical, its site location(s), and amounts. The Tier II report helps these agencies prepare and respond appropriately to any chemical emergency. The data is used by emergency responders to develop risk assessments and helps hazmat technicians and firefighters respond with the correct protective gear and necessary spill response equipment.
Keep in mind that a Tier II report is more than just environmental management. It is also part of your company’s corporate social responsibility (CSR).
Should You file a Tier II Report in Texas?
Not every facility with hazardous chemicals must submit the Tier II report. Only companies storing hazardous chemicals above minimum thresholds as set by the EPA are required to fill out and submit a TIER II report. Owners or operators of facilities that have hazardous chemicals present at the facility at any one time in the previous year of equal or greater than reporting thresholds established under SARA Title III, Section 312, are required to file a Tier II Report.
Minimum Tier II Reporting Hazardous Substances & Chemicals Thresholds under SARA Title III, Section 312
The reporting threshold for Extremely Hazardous Substances (EHSs) is 500 pounds (or 227 kg.) or the threshold planning quantity (TPQ), whichever is lower. Some minimum thresholds can be as low as ten (10) pounds.
The minimum reporting threshold of all other Hazardous Chemicals, as determined under OSHA to have or prepare an SDS, is 10,000 pounds (or 4.540 kg.).
Hazardous Chemical Inventory List: What needs to be reported by Texas businesses?
Under OSHA standard, a “hazardous chemical” is any chemical that requires a safety data sheet (SDS).
Determining a hazardous chemical isn’t always easy. Following is an example of a common Tier II reporting mistake:
Example: Does your company have electric forklifts on-site? Take note that electric forklift batteries contain sulfuric acid. Sulfuric acid is classified as an EHS as defined by Section 302 of SARA Title III. The Tier II reporting threshold for sulfuric acid is 500lbs. If you have two electric forklifts onsite, with each battery weighing up to 3,000lbs., 330lbs. of that is sulfuric acid for each forklift battery, making your onsite EHS 660lbs—which is over the 500lb. threshold. Even if you have no other EHSs or other hazardous chemicals onsite, you are still required to file a Tier II report.
An example of a hazardous chemical reporting list includes—not only obvious chemicals—but other items, substances, products, and mixtures.
These can include Acids/Caustics, Ammonia (gas & solutions), Antifreeze, Asphalt, Batteries (forklifts, generators), Cement/Sand, Chlorine/Hypochlorite, Cleaners/Degreasers/Solvents, Compressed Gases (O2; H2; CO2; N2), Fertilizers, Gasoline/Diesel Fuels, Heating Oil, Hydraulic fluid, Liquefied Natural Gas (LNG), Lubricants, Metals/Alloys, Paints, Pesticides, Propane, Refrigerants (ammonia; R22;R56).
Get Professional Help in with Your Texas Tier II Reporting
RSB can help you determine your applicability; what your state requires and help you complete the Tier II reporting on time. RSB engineers will be sure you are in compliance with your Tier II reports. RSB engineers are certified by the Texas Board of Professional Engineers to offer and perform engineering services in the State of Texas (Registration No. F-16311).
Take a proactive approach to environmental compliance and your corporate social responsibility.
Call RSB Environmental today for Tier II consulting: We will help you determine your TIER II reporting accountability and meet the March 1 deadline for filing:
