Pennsylvania Tier II System (PATTS)

The Bureau of PENNSAFE is responsible for the collection and maintenance of Tier II data reported by Pennsylvania facilities and owners/operators. The Tier II form as filed annually provides state and local officials with specific information on hazardous chemicals present at a facility during the prior calendar year for use in emergency planning and response. This information had been provided via hard copy submissions to the department. However, in December 2006 the Pennsylvania Tier II System (PATTS) was deployed to allow facilities to submit their information and update their records in a real time environment.
 
Facilities within the Commonwealth are strongly encouraged to submit their Tier II reports to the state using PATTS. Tier II data as provided by facilities for prior years has been converted to the new PATTS system, which pre-populates to the Tier II form. PATTS requires a secure user ID and password for a facility representative to access this information, and the database is maintained in a secure environment.
 
For the 2006 annual reports that are due March 1, 2007, all facilities whether submitting online or hard copy, will be required to submit a site plan and the MSDS for each chemical reported with their Tier II annual report. For those submitting online, the attachments must be in either pdf or tif format, up to 5MB each in size. In addition, all mandatory fields on the Tier II form must be completed, including the latitude and longitude information which is necessary for the planning and response module that is available to certain emergency response community representatives.
 
For additional information on Tier II reporting requirements, including instructions and fees, please reference the publications available through this website.
 
Questions may also be directed to the Bureau of PENNSAFE at 717-783-2071; Hotline number 1-888-SAFE-422; Fax: 717-783-5099; or via e-mail to li-pennsafe@pa.gov.
 
Click here for information on creating a user ID in the new Pennsylvania Tier II System (PATTS). Approved users can access and print the PATTS Users Manual from the PATTS home page.
 
RELEVANT LEGISLATION
Under federal SARA Title III, Section 312 and Pennsylvania Act 165, Section 207(c).
 
List: Chemicals considered hazardous under the federal OSHA Hazard Communication Standard.
 
Reporting Thresholds: Minimum thresholds have been established for Tier II reporting under Title III, Section 312. These thresholds are as follows:
 
For Extremely Hazardous Substances (EHSs) designated under section 302 of Title III, the reporting threshold is 500 pounds (or 227 kg.) or the threshold planning quantity (TPQ), whichever is lower.
 
For all other hazardous chemicals for which facilities are required to have or prepare an MSDS, the minimum reporting threshold is 10,000 pounds (or 4,540 kg.).
 
Reporting facilities must report hazardous chemicals that were present at their facility at any time during the previous calendar year at levels that equal or exceed these thresholds.
PENNSYLVANIA'S FIVE DAY INITIAL CHEMICAL REPORTING RULE
Facilities are required to report the presence of a new hazardous material within 5 business days after the hazardous material is first present at the facility. Accordingly, facilities must submit a Tier II reporting form, MSDS and an updated site plan to the Bureau of PENNSAFE, as well as to their LEPC and local fire department, if they bring onsite any new hazardous material meeting the established threshold requirements that had not been reported during the previous calendar year. Hazardous materials reported under this requirement must be reported again at the time of the annual filing with the fee payment required on or before March 1.

Reporting Exemptions:

Section 311 (e) of Title III excludes the following substances:
 
FDA Regulated Products: Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration.
 
Articles: Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use.
 
Household Packaged Products: Any substance to the extent it is used for personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public.
 
Substances used in Research and Development Labs, Hospitals or other Medical Facilities: Any substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual.
 
Any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer.
 
Gasoline and diesel fuel Stored entirely underground at retail gas stations that comply with requirements for underground storage tanks (USTS). The thresholds for these products are as follows:
Gasoline - 75,000 gallons.
Diesel fuel - 100,000 gallons.
OSHA regulations, Section 1910.1200(b), stipulate exemptions from the requirement to prepare or have available an MSDS.
 
PLEASE NOTE THAT A SIGNED EXEMPTION FORM REPORTING LETTER MUST BE SUBMITTED TO THE BUREAU OF PENNSAFE. IF YOU BELIEVE THAT YOUR FACILITY QUALIFIES FOR AN EXEMPTION FROM THE REPORTING REQUIREMENTS, PLEASE CLICK HERE TO PREPARE THE EXEMPTION LETTER.
TIER II REPORTING REQUIREMENTS
Is your facility covered by the OSHA Hazard Communication Standard?
 
If yes, you may be required to report.
 
If not, there is no reporting required BUT, in the interest of emergency preparedness, your facility should consider reporting any chemicals meeting the reporting threshold requirements. Your facility would be exempt from paying the fee.
PENNSYLVANIA HAZARDOUS CHEMICAL FEE EXEMPTION
Is your facility required to file a Tier II Report?
 
Is your facility a family farm, service station, state, federal or local government agency, publicly owned waste water treatment plant or a sewer treatment plant and thus exempted by state law?
 
If yes, there is no fee required BUT the Tier II Form must be submitted.
 
If not, a $10 fee is required to the Commonwealth for each chemical reported on the Tier II form. You must file the form and pay the fee by March 1st annually.
 
Federal agencies were directed by Executive Order No. 12856 signed by President Clinton on August 3, 1993, to comply with all provisions of EPCRA and the Pollution Prevention Act (PPA).
 
 
DUE DATE: To fully meet the Tier II reporting requirements, Tier II information should be submitted on-line in advance of March 1, and the resulting Invoice/Certification Form signed and returned with your fee for receipt at the Bureau of PENNSAFE by March 1. The system can also generate hard copies of the Tier II for submission to the county and local fire department as required.
 
While hard copy reports can be submitted, the Bureau of PENNSAFE strongly encourages facilities to utilize the PATTS to file their Tier II reports. The report and all related attachments (MSDS and site plan), invoice, exemption letter and fee are due by March 1 of each year. Should you wish to file a hard copy report, the forms are available for download from this site. Providing this information via online reporting makes your data available in real time, eliminating the delays resulting from mail time, processing and data entry. Data as entered will be available for your review and for updating as necessary throughout the year.
 
WITH THE DEPLOYMENT OF PATTS, SUBMISSIONS UTILIZING THE ELECTRONIC DATA EXCHANGE SYSTEM (EDES) ARE NO LONGER BEING ACCEPTED.
 
AFTER COMPLETING YOUR TIER II FORM ONLINE, PLEASE SEND YOUR INVOICE & SIGNED CERTIFICATION FORM WITH FEE ENCLOSED TO:
 
General Mailing Address:
 
PA Department of Labor & Industry
Bureau of PENNSAFE
P. O. Box 68571
Harrisburg, PA 17106
Certified Mailing Address:
 
PA Department of Labor & Industry
Bureau of PENNSAFE
651 Boas Street, Room 155E
Harrisburg, PA 17121
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