Texas Tier II Reporting

In Texas, any facility storing hazardous chemicals at or above certain thresholds must comply with Tier II reporting requirements. According to Section 312 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), submitting a Tier II form is mandatory when handling such chemicals. This form is used to notify state officials, local officials, and the general public about potential hazards.

Understanding Texas’s Tier II Reporting Requirements

 Who Needs to Report?

Facilities in Texas must report if they store:

• At least 10,000 lbs of hazardous chemicals.
• At least 500 lbs (or the threshold planning quantity, whichever is less) of extremely hazardous substances.
• Retail fuel stations with underground storage tanks storing:
  • At least 75,000 gallons of gasoline
    At least 100,000 gallons of diesel fuel (all grades combined)

Some key points to keep in mind:

• The reporting thresholds in Texas apply to the maximum quantity stored at a facility at any one time during the year.
• Chemicals with reporting exemptions do not need to be included, even if thresholds are met.
• Facilities below the reporting thresholds for all chemicals are exempt from submitting a Tier II report.
• More information on Tier II reporting in Texas can be found here.

Types of Facilities Subject to Tier II Reporting

Here are some examples of facilities and chemicals that would likely need to file Tier II reports to be in compliance with EPCRA in Texas, based on major industries:

• Oil and gas facilities: crude oil, diesel fuel, lubricating oils, solvents like benzene
• Petrochemical plants: acids, ammonia, chlorine, propane
• Manufacturing plants: acids, paints, inks, cleaners, lubricants
• Wastewater treatment plants: chlorine, sulfur dioxide, ammonia
• Power plants: ammonia, chlorine, sulfuric acid, diesel fuel
• Hospitals: ethanol, formaldehyde, ethylene oxide, diesel fuel
• Universities: lab chemicals like acids, solvents, compressed gasses
• Transportation/trucking companies: diesel fuel, lubricating oil 
• Auto repair shops: paints, thinners, solvents, oil

Key Points

Facilities in these industries often store chemicals exceeding Tier II thresholds, such as acids, flammable liquids, fuels, chlorine, and ammonia, and therefore need to report them.

Need help sorting out tricky thresholds, exemptions, or submitting reports for sites or facilities in Texas? Learn more here about how you can partner with Encamp to save you and your team time and hassle this reporting year.

State of Texas Environmental Electronic Reporting System (STEERS)

Overview of STEERS

The State of Texas Environmental Electronic Reporting System (STEERS) is the centralized online environmental reporting system used for submitting regulated chemical inventory reports in Texas. Facilities that store hazardous chemicals above threshold quantities are required to submit a Tier II Inventory Report annually under the Emergency Planning and Community Right-to-Know Act (EPCRA). The Tier II report provides information about the chemicals stored on-site to state and local emergency planning authorities.

How to Submit a Tier II Report in Texas

Here is a summary of the key steps to submit a Tier II report in STEERS:

• Log into STEERS and go to Tier II Reporting.
• Click “Start Draft Report” and select “Annual” report type. Add optional title. 
• Click “Add Existing Facilities” to select facilities to include. 
• Review and update facility, chemical, and contact information as needed on each facility’s tabs.
• Validate the report and fix any errors. 
• Click “Start Submission”, certify by typing name, add title and STEERS password.
• Click submit. 
• PDF and XML report files are generated and can be accessed on the Reports List page.
• Custom reports can also be created using the “Export/Print Reports” menu.
• Depending on the facility’s chemicals and NAICS code, TCEQ will create an invoice that is due upon receipt. More information can be found here. 

Key Points

• The key steps are accessing STEERS, starting a new annual report draft, selecting facilities, reviewing/updating data, validating, certifying, and submitting the report to generate the required reporting files. The guide provides helpful resources like training videos, live classes, and step-by-step instructions.
• You must submit a separate Tier II report to your LEPC and local fire department. You can find information about your LEPC and Fire Department here.

Deadlines and Timelines for Tier II Reporting

Annual Reporting Deadline

In Texas, the Tier II reporting deadline is March 1 each year, covering information on hazardous chemicals present at the facility during the previous calendar year.

Additional Reporting Requirements 

There are 3 main reporting requirements for Texas: 

• Annual Reports (the Tier II report) – can be started on November 1st of each year but cannot be submitted until January 1st. The report is due March 1 and covers hazardous material information from the previous calendar year.
• Initial Reports – An Initial Report must be filed when a new hazardous chemical is brought onsite that is over the threshold, including when a new facility with hazardous chemicals has begun operating. An initial report must be submitted within 90 days of the change, unless the facility uses Ammonium Nitrate in fertilizer, in which case that facility is required to submit an initial report within 72 hours. 
• Update Reports – An Update Report should be filed when there is a significant change from the previously filed report, such as chemical inventory changes or contact changes. This report should be filed within 90 days of the change. If  ammonium nitrate is involved, it must be submitted within 72 hours.

Tips for Effective Tier II Reporting

Maintain Accurate Inventory Records

It’s important to look at all chemicals across your equipment, departments, and processes. You also need to aggregate extremely hazardous substances that may exist at your facility in different forms and containers prior to evaluating it against the reporting threshold. For example, sulfuric acid, an Extremely Hazardous Substance, could be stored in a drum; if you have lead-acid batteries, you would need to take into account the sulfuric acid in the lead-acid batteries, and add those amounts prior to comparing it to the sulfuric acid reporting threshold.

Understand State-Specific Reporting Requirements

Although you can submit your report electronically in STEERS for Texas, the LEPC and Fire Department do not have access to your report in STEERS. Therefore, you must file those reports separately. TCEQ maintains a list of LEPCs with their contact information and how they like to receive the reports (by mail, by email). TCEQ also provides a link to the Texas Fire Connect Portal which has contact information for fire departments. 

Keep Copies of All Submitted Reports

STEERS allows users to export their reports in different formats. After submitting a Tier II report in STEERS, PDF and XML report files are automatically generated and available on the Report List page. 

Common Mistakes in Tier II Reporting and How to Avoid Them

Incorrectly Estimating Quantity of Reportable Substances

It’s important to look at all chemicals across your equipment, departments, and processes. You also need to aggregate extremely hazardous substances that may exist at your facility in different capacities. For example, sulfuric acid could be stored in a drum. And if you have lead-acid batteries, you will need to take into account the sulfuric acid housed in the lead-acid batteries (if they are not exempt).

Misclassifying Substances

Be sure to consult the EPA list of lists to double check if the chemical is or contains an extremely hazardous substance. 

Failing to Keep Up-To-Date with Changes in Regulations

Even if individual requirements don’t change every year in Texas, facilities are obligated to comply with the reporting rules of the state, the LEPC, and the local fire department, and should stay informed about all three.

Penalties for Non-Compliance with Tier II Reporting in Texas

Potential Fines and Legal Consequences

• Failure to report can result in Federal, state, and local civil penalties.
• According to Texas Administrative Code Title 30 Part 1 Chapter 325.4, The TCEQ can conduct inspections and investigations to verify compliance with Tier II reporting requirements. Facilities must cooperate and allow access.Tier II violations can result in TCEQ enforcement action including administrative orders and penalties.

 Impact on Community Safety and Emergency Preparedness

Here are some examples of how proper Tier II reporting could have helped prevent environmental or chemical disasters in Texas:

• West, TX Fertilizer Explosion (2013): The fertilizer plant that exploded was storing large amounts of ammonium nitrate but failed to file a Tier II report. Improved and thorough Tier II reporting could have better prepared first responders for the risks, potentially mitigating the impact of the explosion.
• ITC Deer Park Fire (2019): The petrochemical storage facility experienced a massive fire that released hazardous chemicals into the environment. Ultimately, the facility had underestimated chemical inventories in their Tier II filing. More comprehensive reporting could have better prepared emergency responders and planners for the incident.
• Arkema Crosby Plant Fires (2017): The chemical plant did not fully disclose reactive chemicals on-site during Hurricane Harvey flooding. Accurate Tier II data could have aided in pre-storm precautions.
• Texas City Refinery Explosion (2005): The BP refinery’s Tier II inventory excluded trailers storing hazardous materials that contributed to the blast. Including temporary storage could have identified risks.