Tier II Reporting and the Pennsylvania Tier II System (PATTS)
The Bureau of Occupational & Industrial Safety/Pennsafe Program is the state repository for Tier II reports filed by the owners and/or operators of Pennsylvania facilities. Under federal and state law, the county Local Emergency Planning Commission (LEPC) and the responding local fire department(s) also must receive a copy of the Tier II. The Tier II form as filed annually provides state and local officials and emergency responders with specific information on hazardous chemicals present at a facility during the prior calendar year. Pennsylvania Tier II reports are filed online using the Pennsylvania Tier II System (PATTS). A Tier II submission via any other online or electronic reporting program does not meet the reporting obligations in Pennsylvania.
Because online Tier II information is immediately available for emergency responders, facilities within the Commonwealth are strongly encouraged to submit their Tier II reports using PATTS. PATTS requires a secure user ID and password for a facility representative to access the program. Tier II data as provided by facilities for prior years was converted into the PATTS system, enabling a facility submitter to access the complete Tier II reporting and billing history. In addition, the current data and attachments are rolled forward into the next year to make reporting faster and easier. PATTS accommodates annual, initial and revision reporting online. Revision reports are necessary when a facility needs to amend a prior annual report submission.
PENNSYLVANIA'S FIVE DAY INITIAL CHEMICAL REPORTING RULE
In addition to the annual reporting, Pennsylvania 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 state, as well as to their LEPC and responding local fire department(s), 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 1st of the following calendar year.
Questions on Pennsylvania reporting requirements may be directed to the Bureau of Occupational & Industrial Safety/Pennsafe Program at 717-783-2071, Option 0; Fax: 717-783-5099; or via email to firstname.lastname@example.org
. Approved facility users can access and print the PATTS User Manual from the PATTS resource page in the application.
Under federal SARA Title III, Section 312 and Pennsylvania's Hazardous Material Emergency Planning & Response Act (Act 165 of 1990).
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 of those two amounts is lower.
For all other hazardous chemicals for which facilities are required to have or prepare a Material/Safety Data Sheet (M/SDS), the minimum reporting threshold is 10,000 pounds (or 4,540 kg.).
On the annual report, 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 adheres to the reporting quantities outlined in the Environmental Protection Agency's (EPA) List of Lists. All federal mandatory fields on the Tier II form must be completed. In addition, Pennsylvania requires both the county and municipality in which the facility is located, and the maximum and average daily weights in pounds, in addition to the federally-established range codes.
Pennsylvania requires the submission of an electronic site plan and a material/safety data sheet (M/SDS) for each chemical reported. Site plan and M/SDS attachments must be in either pdf or tif format, no larger than 5MB in size.
Site plans must:
provide a clear representation of where the facility is located on/from the road, access point(s), AND the specific location(s) of the chemicals reported,
include all of the following:
The assigned five digit facility ID number for Tier II reporting
Facility Name (Must start with the company name)
Street Address **(For remote sites with no 'street' address, provide directions to the site from nearest recognizable intersection)
Show the actual street orientation
A listing/legend of all of the chemicals reported on the Tier II
The specific location(s) identified for each chemical reported
Section 311 (e) of Title III (EPCRA) 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.
Agricultural: 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 motor vehicle service stations engaged in retail sales to the general public and that fully 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. The standard reporting threshold of 10,000 pounds applies for all other vehicle fuels.
OSHA regulations, Section 1910.1200(b), stipulate exemptions from the requirement to prepare or have available an M/SDS. Consult those regulations or OSHA if you have questions on a particular substance.
PLEASE NOTE THAT A SIGNED EXEMPTION FORM REPORTING LETTER SHOULD BE SUBMITTED TO THE BUREAU OF OCCUPATIONAL & INDUSTRIAL SAFETY/PENNSAFE PROGRAM IF YOU HAD REPORTED IN THE PAST BUT NO LONGER NEED TO FILE SO THAT THE FACILITY CAN BE MARKED AS INACTIVE.
PENNSYLVANIA HAZARDOUS CHEMICAL FEES AND FEE EXEMPTIONS
The department assesses a $10 per chemical fee for each substance that is reported at or over the reporting threshold. The fee is not assessed for those chemicals identified as a 'voluntary' submission (a hazardous substance onsite but under reporting quantity).
Certain facilities may also be fee exempt. Consider the following:
Is your facility required to file a Tier II Report? If so, do you have hazardous substances stored, used and/or produced onsite at reporting threshold AND, 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 Pennsylvania Tier II form and attachments must be submitted.
If no, a $10 fee is required to the commonwealth for each billable chemical reported on the annual 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: The annual Tier II report must be submitted on-line by March 1st. The signed PATTS Invoice/Certification Form and the fee payment should be returned together for receipt at the Bureau of Occupational & Industrial Safety/Pennsafe Program. The system can also generate hard copies of the Tier II for submission to the non-participating county LEPCs and local fire department(s) as required. Online reporters need only return their certification/invoice as created in PATTS and the applicable state level fee to either of the addresses listed below.
The state level fee payment must be in the form of a check or money order and made payable to the Pennsylvania Hazardous Materials Response Fund.
General Mailing Address:
PA Department of Labor & Industry
Bureau of Occupational & Industrial Safety/Pennsafe Program
P.O. Box 68571
Harrisburg, PA 17106
Certified Mailing Address:
PA Department of Labor & Industry
Bureau of Occupational & Industrial Safety/Pennsafe Program
651 Boas Street, Room 1600
Harrisburg, PA 17121
LOCAL EMERGENCY PLANNING COMMITTEES PARTNERSHIP
The majority of the county Local Emergency Planning Committees (LEPCs) are partners in the PATTS Program. The following county LEPCs have entered into agreements with the department and accept online reports in PATTS as meeting the filing requirements with them. A hard copy submission is not necessary for these signatory counties: Adams, Armstrong, Beaver, Bedford, Blair, Bradford, Bucks, Butler, Cambria, Carbon, Centre, Chester, Clarion, Clearfield, Clinton, Columbia, Crawford, Cumberland, Dauphin, Delaware, Elk, Franklin, Fulton, Huntingdon, Indiana, Jefferson, Juniata, Lackawanna, Lancaster, Lawrence, Lebanon, Lehigh, Luzerne, Lycoming, McKean, Mercer, Mifflin, Monroe, Montgomery, Northampton, Northumberland, Perry, Philadelphia, Pike, Potter, Schuylkill, Somerset, Sullivan, Susquehanna, Tioga, Union, Venango, Warren, Washington, Wayne, Westmoreland, Wyoming and York. PATTS does not calculate the LEPC Tier II fee invoice. The LEPC will forward a separate invoice that will be due and payable to them.
For non-signatory LEPCs (Allegheny, Cameron, Erie, Fayette, Forest, Greene, Montour and Snyder): Please print a copy of the PATTS Tier II report, sign and date it, and forward it to any of these counties. For Berks County, please complete an online Tier II report on their independent system in addition to filing your state report in PATTS.
For Fire Departments: With the exception of Philadelphia County, facilities should send a hard copy of the Tier II report and the attachments to the local responding fire department(s).
HARD COPY SUBMISSIONS
While hard copy reports may be submitted, the Bureau of Occupational & Industrial Safety/Pennsafe Program strongly encourages facilities to utilize the PATTS to file their Tier II reports. Should you wish to file a hard copy report, the form is available for download from this site. The hard copy annual report and all related attachments (M/SDS and site plan), invoice, fee exemption letter if applicable and/or the applicable state fee are due annually by March 1st at all three receiving entities – the Department of Labor & Industry, the Local Emergency Planning Committee and the responding fire department(s). A hard copy initial report with the site plan and related M/SDS would be due within five days at the three receiving entities. There is no fee for chemicals filed on an initial Tier II report.