The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) 505 Act--The Manufacturing Facility Community Right-To-Know Act, Texas Health and Safety Code, Chapter 505.

(2) 506 Act--The Public Employer Community Right-To-Know Act, Texas Health and Safety Code, Chapter 506.

(3) 507 Act--The Nonmanufacturing Facilities Community Right-To-Know Act, Texas Health and Safety Code, Chapter 507.

(4) Appropriate facility identifiers--A physical location identification which provides a physical street address or other location identifiers, which are sufficient for emergency planning purposes and for data management by the commission.

(5) Article--A manufactured item: (A) that is formed to a specific shape or design during manufacture; (B) that has end-use functions dependent in whole or in part on its shape or design during end use; and (C) that does not release, or otherwise result in exposure to, a hazardous chemical under normal conditions of use.

(6) Current Tier II threshold-- (A) A quantity which is assigned to a hazardous or extremely hazardous substance in the most recent version of the federal Emergency Planning and Community Right-to-Know Act and related regulations, and which determines whether a hazardous or extremely hazardous substance must be included on a Tier II Report. (B) For retail gas stations engaged in selling gasoline and/or diesel fuels principally to the public for motor vehicle use, the threshold is 75,000 gallons for all grades of gasoline combined and 100,000 gallons for diesel. The gasoline and/or diesel must be stored entirely in underground tanks and must be in compliance with Chapter 334 of this title (relating to Underground and Aboveground Storage Tanks).

(7) Commission--The Texas Commission on Environmental Quality.

(8) EPCRA or SARA, Title III--The federal Emergency Planning and Community Right-To-Know Act, also known as the Superfund Amendments and Reauthorization Act of 1986, Title III, 42 United States Code, §§11001 - 11050, and regulations promulgated by the United States Environmental Protection Agency in 40 Code of Federal Regulation Parts 355 - 370.

(9) Executive Director--The executive director of the Texas Commission on Environmental Quality.

(10) Extremely Hazardous Substance (EHS)--Any substance as defined in the federal Emergency Planning and Community Right-to-Know Act, 42 United States Code, §11002, or listed by the United States Environmental Protection Agency in 40 Code of Federal Regulations Part 355, Appendices A and B.

(11) Facility--All buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and 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. Each facility will be assigned an identification number according to commission procedures.

(12) Facility operator--The person who controls the day-to-day operations of the facility and which is held responsible for the facility's regulatory responsibilities under the federal Occupational Safety and Health Act of 1970 (29 United States Code, §§651 et seq. ), or the Texas Hazard Communication Act (Texas Health and Safety Code, Chapter 502). The facility operator will be assigned an identification number according to commission procedures.

(13) Fire chief--The administrative head of the fire department, including a volunteer fire department, having jurisdiction over a facility.

(14) Hazardous chemical or substance--A substance given that term by 29 Code of Federal Regulations §1910.1200(c).

(15) Headquarters facility--Either the facility itself when the facility is staffed more than 20 hours per week, or, for facilities which are staffed 20 hours per week or less, the headquarters facility is an office which is staffed full time by the facility operator and which serves as the central office for staff who are responsible for overseeing the operations of the facility.

(16) Latitude and longitude--A mapping coordinate system, designated in units to four decimal degrees, by means of which a location can be determined and described.

(17) Local Emergency Planning Committee (LEPC)--A group of individuals representing a designated emergency planning district and whose membership on the committee has been approved by the Texas State Emergency Response Commission as meeting the requirements of federal Emergency Planning and Community Right-to-Know Act, §11001.

(18) Manufacturing facilities--Facilities in North American Industrial Classification System (NAICS) Codes 31 - 33.

(19) Nonmanufacturing facilities--Facilities, other than those facilities operated by the state or political subdivisions of the state, and which are classified in North American Industrial Classification System (NAICS) Codes 11 - 23 or NAICS Codes 42 - 92.

(20) North American Industrial Classification System (NAICS) Code--The six-digit number which describes a facility's primary activity, which is determined by its principal product or group of products produced. The NAICS Codes were developed jointly by the United States (U.S.), Canada, and Mexico to provide comparability in statistics about business activity across North America and has replaced the U.S. Standard Industrial Classification (SIC) system. If a facility does not have a NAICS Code assigned by the Texas Workforce Commission, then the commission must be consulted for assistance in determining the correct code.

(21) Public employer facilities--Facilities operated by: (A) state and political subdivisions of the state, including state, county, and municipal agencies; (B) public schools, colleges, and universities; (C) river authorities and publicly owned utilities; (D) volunteer emergency service organizations; or (E) other similar employers who are not covered by the federal Occupational Safety and Health Act of 1970 (Pub. L. No. 91-596).

(22) Research laboratory--A laboratory that engages in only research or quality control operations. Chemical specialty product manufacturing laboratories, full scale pilot plant operation laboratories that produce products for sale, and service laboratories are not research laboratories.

(23) Technically qualified individual--An individual with a professional education and background working in the research or medical fields, such as a physician, a registered nurse, or an individual holding a college bachelor's degree in science.

(24) Tier II Report--Provides specific information on the amounts and locations of hazardous and extremely hazardous substances present at a facility, including: (A) the data elements required by the federal Emergency Planning and Community Right-to-Know Act and related regulations promulgated by the United States Environmental Protection Agency, in regards to Tier II inventory information; and (B) the name, mailing address, email address, and phone number of a Billing Contact.

(25) Tier II Initial Report--Provided when one or more hazardous or extremely hazardous substances meet or exceed the current Tier II threshold for the first time, but which were not included on the previously submitted Tier II Annual Report. Includes all reportable hazardous or extremely hazardous substances from the previously submitted Tier II Annual Report.

(26) Tier II Annual Report--Provides the information for all hazardous or 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.

(27) Tier II Update Report--Provides new information on any required data element which was previously reported.

(28) Local Fire Department--The fire department with jurisdiction over a facility.

Source Note: The provisions of this §325.2 adopted to be effective November 26, 2020, 45 TexReg 8348