SARA Tier II Compliance Requirements
Facilities must file a 311 Report immediately upon accepting chemicals onsite with the PATTS system as described below. Under the Federal regulations, Tier II reports are due March 1st of the calendar year. The Commonwealth of Pennsylvania and Montgomery County fees are also due by March 1st of the calendar year.
What is Tier II Reporting?
Under the federal Emergency Planning and Community Right to Know Act (EPCRA), facilities that manufacture, use, or store hazardous chemicals above certain amounts at any given time during the calendar year are required to submit reports on their chemical inventories.
Please be advised that under EPCRA (Title III of the Superfund Amendments and Reauthorization Act of 1986), any owner or operator who violates Tier II reporting shall be liable for a civil penalty of up to $32,500 for each violation. Each day a violation continues shall constitute a separate violation. In accordance with EPCRA, EPA has the authority to enforce violations of the statute.
Tier II Reporting Thresholds
Extremely Hazardous Substances (EHS) in amounts greater than 500 pounds or the Threshold Planning Quantity, whichever is less, must be reported. Any other Hazardous Chemical for which OSHA requires employers to maintain a MSDS or SDS sheet in amounts greater than 10,000 pounds also must be reported.
Extremely Hazardous Substances
Extremely Hazardous Substances (EHS) stored at or above the Threshold Planning Quantity (TPQ) require special planning activities and must be reported on a facility’s Tier II form. The following link will take you to EPA website's complete listing of Extremely Hazardous Substances.
Submitting a Tier II Report
Facilities required to file Tier II reports must do so using the Pennsylvania Department of Labor and Industry, Bureau of Occupational & Industrial Safety, PENNSAFE Program on their website: PATTS System
Facilities that have not previously submitted Tier II reports will need to create a new user account. Facilities are also required to submit a copy of the Tier II report to their local fire company.
Reports should be filed as soon after January 1st as possible to allow sufficient time for processing invoices so that payments are made prior to March 1st. Facilities will be billed by both the state and the LEPC for the Tier II fees as applicable.
Additional information on submitting Tier II reports to PENNSAFE Program may be found by calling 1 (717) 783-2071, Option 0 or e-mail.
The Montgomery County LEPC requires "Exempt" facilities to file Tier II reports on the chemicals they store in order to capture that information for planning purposes. Those "Exempt" facilities are not required to pay the fees associated with filing. Examples of exempt facilities include government entities, gas stations with stocks below 75,000 gallons of gasoline or less than 100,000 gallons of diesel fuel and retail establishments if the material is packaged for retail sale.
Facilities that have Extremely Hazardous Substances (EHS) that meet the Threshold Planning Quantities (TPQ) must first file a 302 Report on the PENNSAFE Program website referenced above.
Facilities submitting annual plan reviews should check the LEPC's Off-Site Emergency Response Plan for their facility and submit in writing whether or not changes need to be made to the SARA Title III Planning Specialist before March 1st of every calendar year. Any changes to the Off-Site Emergency Response Plan during the calendar year should be submitted to the SARA Title III Planning Specialist immediately. Both annual plan reviews and/or changes during the calendar year should be submitted to: email
Off-site emergency response plans that are approved late in the calendar year (October, November, December) still need to submit plans in the next calendar year by March 1st.
Every contact on the distribution list to receive the off-site emergency response plan for the facility must acknowledge the receipt of the plan either by the automated read receipt or by replying by e-mail stating that the plan was received.
A copy of the off site emergency response plan should be kept on site.
How to Pay Tier II Fees
Once a Tier II report is submitted and certified with the PATTS System, an invoice will be sent to the e-mail address provided to the system during the submission. There will be a link on the invoice allowing payment by credit card. Alternatively, fees can be paid by check or money order, made payable to: Treasurer, Montgomery County and mailed to 50 Eagleville Road, Eagleville, PA, 19403-1425.
The Pennsylvania Department of Labor and Industry booklet that details Facility Reporting Requirements can be found by clicking here.