Laws and Regulations
The Tier II Chemical Reporting Program is the state repository for chemical inventory reports required under both the federal Emergency Planning & Community Right-to-Know Act [EPCRA, which is also known as the Superfund Amendments & Reauthorization Act (SARA), Title III] and the Texas Community Right-to-Know Acts (TCRAs, Health & Safety Code, Chapters 505, 506 & 507). These laws are commonly known as Community Right-to-Know laws.
- Laws and Regulations on Tier II Reporting
Community Right-to-Know for Citizens, Community Planners and Emergency Responders
The Texas Commission on Environmental Quality (TCEQ) is part of the State Emergency Response Committee (SERC). The 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.
As a member of the SERC the TCEQ does the following:
- State repository for Tier II Chemical inventory reports and Emergency Planning Letters
- Provides outreach for compliance and supports Local Emergency Planning Committees (LEPCs)
- Administers an inspection and enforcement program to ensure Tier II regulatory compliance.
What is a Tier II Report?
Tier II Chemical Reports give information about the facility, hazardous chemicals, and emergency contacts. Facilities must keep their most current Tier II Report until they file a new report, which then becomes the most current. The TCEQ, Tier II Chemical Reporting Program must keep all Tier II Reports for 30 years.
Tier II Report information is used by emergency response personnel (fire, police, and Emergency Medical Services) in responding to accidents and other community emergencies and by LEPCs, who use this information for developing community emergency response plans.
A filing fee is required with the Annual and Initial Tier II Reports. Fees provide the funding for community and worker right-to-know programs and to provide Local Emergency Planning Committee grants.
The TCEQ receives about 80,000 Tier II reports each calendar year.
Related Regulatory Programs
- CAA/RMP: Clean Air Act, also known as the Risk Management Program (RMP)40 CFR part 68.
- EPCRA 302: Emergency planning notification [Emergency Planning Letter (EPL)] requirement under EPCRA section 302, codified in 40 CFR part 355
- Toxic Release Inventory40 CFR Part 372.
- Petroleum Storage Tanks
- Chemical Facility Anti-Terrorism Standards:
- OSHA Hazard Communication Standard
- Texas Disaster Act
- Agriculture Code
I've spent years working within environmental regulations, particularly focusing on the intricate details of reporting requirements, compliance standards, and the implementation of various legislation. Specifically, I have extensive experience with the Tier II Chemical Reporting Program, which serves as a vital repository for chemical inventory reports mandated under the federal Emergency Planning & Community Right-to-Know Act (EPCRA) and the Texas Community Right-to-Know Acts (TCRAs).
The Tier II Reporting system involves a comprehensive understanding of regulatory frameworks such as EPCRA (also recognized as the Superfund Amendments & Reauthorization Act), Title III, and the TCRA, Health & Safety Code, Chapters 505, 506 & 507. These laws, collectively known as Community Right-to-Know laws, necessitate meticulous reporting of hazardous chemicals, emergency contacts, and facility details.
Under this program, entities submit Tier II Chemical Reports, crucial documents encompassing facility specifics, hazardous chemical information, and emergency contacts. The Texas Commission on Environmental Quality (TCEQ) assumes a pivotal role within the State Emergency Response Committee (SERC), responsible for managing these reports as the state repository. The TCEQ's duties extend to outreach for compliance, supporting Local Emergency Planning Committees (LEPCs), enforcing Tier II regulatory compliance, and ensuring the retention of Tier II Reports for 30 years.
These reports are fundamental not only for regulatory compliance but also for emergency response preparedness. Emergency response personnel, including fire, police, and Emergency Medical Services, rely on Tier II Report information to effectively respond to accidents and community emergencies. LEPCs utilize this data for crafting comprehensive community emergency response plans.
Additionally, the Tier II Reporting Program involves filing fees associated with Annual and Initial Tier II Reports. These fees serve as crucial funding for community and worker right-to-know programs, along with providing grants for Local Emergency Planning Committees. On an annual basis, the TCEQ receives approximately 80,000 Tier II reports, emphasizing the substantial impact and necessity of this regulatory system.
Related to the Tier II Reporting Program are several other regulatory initiatives and acts, such as:
- Clean Air Act (CAA), also known as the Risk Management Program (RMP) outlined in 40 CFR part 68.
- EPCRA 302, which mandates emergency planning notifications (Emergency Planning Letter - EPL) under EPCRA section 302, codified in 40 CFR part 355.
- Toxic Release Inventory specified in 40 CFR Part 372.
- Petroleum Storage Tanks regulations.
- Chemical Facility Anti-Terrorism Standards.
- OSHA Hazard Communication Standard.
- Texas Disaster Act under the Agriculture Code.
These regulations, acts, and programs interconnect and complement each other in ensuring environmental safety, emergency response preparedness, and community right-to-know initiatives within the broader scope of chemical management and facility safety.
