Pennsylvania Tier II Reporting

In Pennsylvania, any facility storing hazardous chemicals at or above certain thresholds must comply with Tier II reporting requirements. According to Section 312 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), submitting a Tier II form is mandatory when handling such chemicals.  This form is used to notify state officials, local officials, and the general public about potential hazards.  Pennsylvania Tier II reports are filed online using the Pennsylvania Tier II System (PATTS).

Understanding Pennsylvania’s Tier II Reporting Requirements

Who Needs to Report?

Any facility in Pennsylvania that has hazardous substances equal to or greater than the established threshold amounts (listed below) must report.

• Any facility that stores 10,000 lbs or more of hazardous chemicals at any one time.
• Any facility that stores 500 lbs (or the threshold planning quantity, whichever is less) or more of extremely hazardous substances.
• Retail fuel stations with underground storage tanks need to report if they store:
• 75,000 gallons or more of gasoline
• 100,000 gallons or more of diesel fuel (all grades combined)

Key Points

Facilities must report if they store:

• At least 10,000 lbs of hazardous chemicals.
• At least 500 lbs  (or the threshold planning quantity, whichever is less) of extremely hazardous substances.

Retail fuel stations with underground storage tanks storing:

• At least 75,000 gallons or more of gasoline
• 100,000 gallons or more of diesel fuel (all grades combined)

Key Points:

• The reporting thresholds apply to the maximum quantity stored at a facility at any one time during the reporting year. 
• Chemicals with reporting exemptions do not need to be included, even if thresholds are met.
• Facilities below the reporting thresholds for all chemicals are exempt from submitting a Tier II report.

More information about reporting requirements in Pennsylvania can be found here.

Types of Facilities Subject to Tier II Reporting

Here are some common examples of facilities in Pennsylvania and chemicals that would trigger the requirement to submit a Tier II hazardous chemical inventory report:

• Chemical manufacturers – Facilities that manufacture chemicals like acids, chlorine, pesticides, and petrochemicals need to report those chemicals if stored onsite over 10,000 lbs.
• Oil refineries – Refineries use and produce many hazardous substances like propane, benzene, hydrofluoric acid, and sulfur dioxide that require reporting.
• Wastewater treatment plants – Treatment chemicals like chlorine gas, sodium hydroxide, ferric chloride, and sulfur dioxide must be reported if above thresholds.
• Paper mills – Chemicals used in paper processing like chlorine dioxide, sodium hydrosulfide, hydrogen peroxide, and calcium hydroxide would necessitate a Tier II report.
• Power plants – Coal and nuclear plants use ammonia, chlorine, and other chemicals for cooling water and emissions control that need reporting.
• Plastics manufacturers – Hazardous chemicals like ethylene oxide, vinyl chloride, and isocyanates need to be reported if used in plastics production over 10,000 lbs.
• Food processors – Facilities that use large volumes of anhydrous ammonia for refrigeration require Tier II reporting.
• Hospitals – Stocks of chemicals like lab ethers, glutaraldehyde, formaldehyde, and nitrous oxide trigger reporting if exceeded.
• Water suppliers – Chlorine, fluoride, and aqueous ammonia used for water treatment require disclosure.

Pennsylvania’s Electronic Tier II Reporting System (PATTS)

Overview of PATTS

PATTS stands for Pennsylvania Tier II System. It is an online system used to electronically submit Tier II chemical inventory reports in Pennsylvania. Facilities required to report must file their Tier II through PATTS rather than paper forms. Once Tier II forms are submitted via PATTS, the reports go directly to PEMA and local emergency planning committees.

How to Submit a Tier II Report in Pennsylvania

Here are the basic steps to submit a Tier II report using the online PATTS reporting system:

• Gather the required information – This includes an inventory of all hazardous chemicals stored on-site above reporting threshold limits, along with basic facility identification information
• Create an account and log in or click “Register” to create an account for your facility
• Start a new Tier II report – Once logged in, click “Start New Report” to begin filling out the Tier II form with your facility and chemical inventory information
• Enter facility identification information – This includes name, address, Dun & Bradstreet number, etc.
• Add your chemical inventory – For each hazardous chemical on your site that was above its reporting threshold, enter the amount, location, storage types, etc.
• Enter contact information – Provide contact details for your facility’s Tier II coordinator, owner, and operator
• Review and verify report – Double check all entered information is correct before submitting
• Certify and submit – Digitally sign and officially submit the completed Tier II report to state and local officials
• Print final copy – Download or print a final copy of the certified Tier II report for your records

Key Points

• 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)
• While strongly discouraged, hard copy reports in Pennsylvania may be submitted. The form is available to download if you wish to file a hard copy report. 
• Many LEPCs in Pennsylvania will assess their own fees (in addition to the SERC filing fee). Keep an eye out in your mail or email for reporting fee invoices from your LEPC.

Need help sorting out tricky thresholds, exemptions, or submitting reports for sites or facilities in Pennsylvania? Learn more here about how you can partner with Encamp to save you and your team time and hassle this reporting year.

Deadlines and Timelines for Tier II Reporting

Annual Reporting Deadline

In Pennsylvania, the Tier II reporting deadline is March 1 each year, covering information on hazardous chemicals present at the facility during the previous calendar year.

Additional Reporting Requirements 

In addition to the annual reporting, Pennsylvania facilities are required to report the presence of new hazardous material within 5 business days of the hazardous material first being present at the facility at reporting quantity. Accordingly, facilities must submit an Initial Tier II Report, the accompanying Safety Data Sheet (SDS) for the substance, 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 as being present during the previous calendar year. An Initial Report can be easily filed in PATTS. Hazardous materials reported under this requirement must be reported again at the time of the next annual filing date with the appropriate fee payment. While the Annual Report identifies the total number of days each substance was onsite during the calendar year, an Initial advises the number of days that the new substance was on site as of the report filing date.

Tips for Effective Tier II Reporting

Maintain Accurate Inventory Records

Starting early in collecting compliance data will help with making sure all the data is accurate and ready to go when the March 1st deadline comes around. A good rule of thumb is to have data ready to review the first week of January.

Understand State-Specific Reporting Requirements

• Pennsylvania only allows Tier II submission through PATTS any other electronic reporting program does not meet the requirements in Pennsylvania.
• In Pennsylvania, the State Emergency Response Commission (SERC) submits Tier II forms to LEPCs (except Berks County) and the fire departments, so no additional submissions are necessary.
•  Facilities in Berks County must additionally submit their report through the Berks County Tier II manager portal.

Keep Copies of All Submitted Reports

Once your Tier II form is submitted in PATTS, print or save a copy of the confirmation page for your records.

Common Mistakes in Tier II Reporting and How to Avoid Them

Incorrectly Estimating Quantity of Reportable Substances

It’s important to look at all chemicals across your equipment, departments, and processes. You also need to aggregate extremely hazardous substances that may exist at your facility in different forms and containers prior to evaluating it against the reporting threshold. For example, sulfuric acid, an Extremely Hazardous Substance, could be stored in a drum; if you have lead-acid batteries, you would need to take into account the sulfuric acid in the lead-acid batteries and add those amounts prior to comparing it to the sulfuric acid reporting threshold

Misclassifying Substances

Be sure to check the EPA list of lists to double check if chemicals stored at your facility are, or contain, an extremely hazardous substance (EHS). 

Failing to Keep Up-To-Date with Changes in Regulations

Even if individual requirements don’t change every year, facilities are obligated to comply with the reporting rules of the state, the LEPC, and the local fire department, and should stay informed about all three.

Key Points

• Submit Tier II reports on time by the March 1 deadline.
• Ensure all hazardous chemicals above reporting thresholds are included.
• Completely omitting chemicals or the full report leads to the highest fines.
• Even small errors like one chemical can still incur sizable penalties.
• Follow EPCRA closely to avoid violations and protect your business finances.

Penalties for Non-Compliance with Tier II Reporting in Pennsylvania

Potential Fines and Legal Consequences

Here are some potential fines and legal consequences for failing to accurately submit a Tier II hazardous chemical inventory report in Pennsylvania:

• Civil Penalties – Failure to submit Tier II forms can result in civil penalties of up to $37,500 per violation per day, matching the federal EPCRA law.
• Criminal Penalties – Knowingly providing false information on Tier II forms can result in fines of up to $50,000 per violation per day, and up to 3 years of imprisonment.
• Permit actions – The state can initiate action to revoke operating permits or halt operations until accurate Tier II reporting is completed. This could lead to full or partial facility shutdown.
• Increased inspections – Non-compliance may prompt more frequent inspections from the fire department, OSHA, DEP, and EPA. This can reveal other violations resulting in additional fines.
• Disqualification from state contracts – The state can prohibit a non-reporting facility from bidding on state contracts.
• Lawsuits – Incomplete or inaccurate Tier II reports could weaken a company’s legal defense in the event of a chemical release suit or damage claim.
• Company liability – Corporate officers can be held personally liable for failure to report hazard information required by Community Right-to-Know regulations.

Impact on Community Safety and Emergency Preparedness

Here are some potential scenarios demonstrating the importance of proper Tier II reporting in Pennsylvania:

Fertilizer Plant Fire in Lebanon County: A fertilizer plant experiences a significant fire, releasing hazardous chemicals into the environment. The facility had failed to disclose its chemical inventory through Tier II reporting. This lack of information limits first responders’ ability to manage the fire safely and notify residents about necessary precautions.

Metal Fabrication Explosion in Southampton: An explosion occurs at a metal fabrication facility that did not report large quantities of combustible magnesium powder in its Tier II filings. Emergency responders, unaware of the specific hazards, are unprepared for the risks, leading to injuries among workers and first responders.

Refinery Chemical Release in Philadelphia: A refinery experiences a hydrofluoric acid release that impacts the surrounding community. Insufficient Tier II reporting means local authorities and residents lack critical information about the chemical stocks on-site, delaying emergency response efforts and protective actions for the public.