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.
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