Current through Register Vol. 47, No. 22, November 25, 2024
Section 8 CCR 1507-42.4 - Regulation1. Facilities required to submit a Tier I or Tier II form under the Emergency Planning and Community Right-to-Know Act, 42 U.S.C. § 11022, shall do so by the use of Tier2 Submit electronic reporting format, as it may be modified or renamed from time to time, which is freely available from the U.S. Environmental Protection Agency. The Colorado Department of Public Health & Environment (CDPHE)- Division of Environmental Health & Sustainability (DEHS), and the Colorado Emergency Planning Committee, will maintain a web page with current instructions on downloading the software and the process by which the report generated by that software will be validated and submitted, including an e-mail address for that purpose. This requirement was effective January 1, 2011 for the 2010 reporting year and for all Tier I and Tier II reports submitted thereafter and is restated in this 2015 update. A. A facility owner/operator that reports using the Tier2 Submit electronic reporting software is not required to provide that same report to the local emergency planning committee or the local fire department. The Colorado Emergency Planning Committee will provide Tier II information to the local emergency planning committees and local fire departments.B. The name of the county in which a facility is located, the legal name of the company owning the facility, the name of the fire district or fire department within whose jurisdiction the facility is located, are mandatory elements of the Tier II report. If a facility submits a site plan or other supplemental documents, the file name of those documents must be shorter than twenty (20) characters in order to allow importing into CAMEO.2. If a facility owner/operator believes it is impossible to comply with this requirement due to the lack of an Internet connection or the lack of computer access caused by factors external to the facility or company that owns the facility, the owner/operator must petition the CEPC at least three months prior to the reporting deadline documenting for approval to make other arrangements to comply with the Tier II reporting obligations under 42 U.S.C. § 11022. The CEPC must act on the petition within thirty days and may reject the petition if the facility is unable to document that electronic reporting is truly impossible. Inconvenience alone is not an adequate reason to avoid the requirement to electronically report.