How large of an area can I designate as a single facility for Tier Two reporting?
There is no exact size limit. In sections 295.181 (8), 295.182 (8) and 295.183 (8) of the Texas Community Right-to-Know Acts’ Rules, the definition of “facility” states “all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites 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…” can be considered a single facility. For example, if an oil production company had a large field with numerous tank batteries on it that all had the same owner/operator and were on contiguous or adjacent leases, it could be considered one facility for Tier Two reporting purposes. This would keep the filing fee to a minimum as opposed to designating each tank battery on the field as a separate facility.
