(a) Tier II Report.
  (1) A facility operator covered by the Manufacturing Facility Community Right-To-Know Act (Texas Health and Safety Code (THSC), Chapter 505 (505 Act)), the Public Employer Community Right-To-Know Act (THSC, Chapter 506 (506 Act)), or the Nonmanufacturing Facilities Community Right-To-Know Act (THSC, Chapter 507 (507 Act)) shall compile, submit, and maintain a Tier II Report in a format acceptable to the commission, the appropriate fire department, and the appropriate Local Emergency Planning Committee (LEPC).
  (2) Facility operators shall submit a Tier II Annual Report that provides the information for all hazardous substances and extremely hazardous substances present at a facility at any one time during the previous calendar year, in quantities that met or exceeded the then current Tier II thresholds.
  (3) Facility operators shall submit a Tier II Initial Report when the facility:
    (A) begins operation and acquires one or more hazardous or extremely hazardous substances which meet or exceed any of the current Tier II thresholds;
    (B) first acquires one or more hazardous or extremely hazardous substances which meet or exceed any of the current Tier II thresholds, and which were not reported on the most recently submitted Tier II Annual Report; or
    (C) determines that one or more hazardous or extremely hazardous substances which meet or exceed any of the current Tier II thresholds were omitted from the most recently submitted Tier II Report.
  (4) Facility operators shall submit a Tier II Update Report when new information about any previously reported data on the most recent Tier II Report is discovered.
  (5) Reporting timelines.
    (A) A facility operator shall submit a Tier II Annual Report between January 1 and March 1, for the previous calendar year.
    (B) A facility operator shall submit a Tier II Initial Report:
      (i) within 72 hours if the facility meets the definition of an ammonium nitrate storage facility; or
      (ii) within 90 days if the facility does not meet the definition of an ammonium nitrate storage facility.
    (C) A facility operator shall submit a Tier II Update Report:
      (i) within 72 hours if the facility is an ammonium nitrate storage facility and has a change in the chemical weight range of previously reported ammonium nitrate; or
      (ii) within 90 days if the facility is not an ammonium nitrate storage facility, or if the facility is an ammonium nitrate storage facility and the change in chemical weight range is a substance other than ammonium nitrate.
  (6) Each time a facility operator is required to submit a Tier II Report, it shall submit within the appropriate timeframe, and in an acceptable format, to:
    (A) the commission;
    (B) the appropriate fire department; and
    (C) the appropriate LEPC.
  (7) A facility operator shall maintain at the headquarters facility a copy of the facility's most recently submitted Tier II Report until such time as the facility operator is required to submit another Tier II Report.
  (8) A Tier II Report shall include the following appropriate facility identifiers:
    (A) for a facility located within an incorporated area, the location description must provide the following information:
      (i) the street address, including street name and number;
      (ii) the name of the city;
      (iii) the zip code;
      (iv) the name of the county; and
      (v) the latitude and longitude coordinates; and
    (B) for a facility located in an unincorporated area, the location description must include:
      (i) the street address, including street name and number, or general driving directions with street names if available;
      (ii) the name of the city, or the nearest city;
      (iii) the zip code, or the nearest zip code;
      (iv) the name of the county; and
      (v) the latitude and longitude coordinates.
(b) Direct citizen access to Tier II Information. A manufacturing or public employer facility must provide within 10 working days of the date of receipt of a citizen's request under THSC, §505.007(a), or THSC, §506.007(a), a copy of the modified Tier II Report using a 500-pound threshold for each hazardous chemical at the facility. Except as otherwise provided in this section, such documents shall be furnished or mailed to the citizen requesting the information. The modified Tier II Report must include completed chemical description blocks for each chemical reported.

Source Note: The provisions of this §325.3 adopted to be effective November 26, 2020, 45 TexReg 8348