Department of Public Safety

TIER II Filing Requirements


Federal Superfund Amendments and Reauthorization Act, Title III

And

Fee Submission under Pennsylvania Act 165

(Download the Complete Pennsylvania Tier II Filing Requirements from PENNSAFE)

         

INTRODUCTION: 

The Bureau of PENNSAFE is the State Agency responsible for the collection and maintenance of Tier II data reported by Pennsylvania facilities and owners/operators. Facilities must also file Tier II data with their Local Emergency Planning Committee (L.E.P.C) and with the Fire Department having jurisdiction in their area. The purpose of this Tier II form is to provide state and local officials and the public with specific information on hazardous chemicals present at your facility during the prior calendar year.

TIER II REPORTING REQUIREMENTS:

Is your facility covered by the OSHA Hazard Communication Standard?

If not . . . there is no reporting required.

If so . . . Does your facility have 500 lbs. or the TPQ (whichever is less) of an Extremely Hazardous Substance and/or does your facility have 10,000 lbs. or more of any OSHA Hazardous Chemical?

If so . . . you must file a Tier II Report annually by March 1st. with the entities described above.

PENNSYLVANIA AND ERIE COUNTY HAZARDOUS CHEMICAL FEE SUBMISSIONS:

Is your facility required to file a Tier II Report?

If not . . . there is no fee required.

If so . . . Is your facility a family farm, service station, state, federal or local government agency and thus exempted by state law?

If so . . . there is no fee required.

If not . . . a $10 fee is required to the Commonwealth for each chemical reported on the Tier II form.

The County of Mercer has established a fee of $75 per chemical reported on the Tier II Form, and if you have extremely hazardous substances (EHS) there is an additional $100 planning fee. 

You must file the form and pay the fee by March 1st annually.   

Submit Tier II Chemical Inventory Form to:

  1. Local Fire Department

  2. Local Emergency Planning Committee:

    Mercer County Department of Public Safety
    ATTN: L.E.P.C
    205 S. Erie Street
    Mercer, PA 16137

  3. Department of Labor & Industry:

     

    Department of Labor & Industry

    Bureau of PENNSAFE

    PO Box 68571

    Harrisburg, PA 17106-8571

    Telephone (717) 783-2071

EXEMPTIONS

Reporting Exemption: Tier II Chemical Inventory Form.

SARA Section: 312.

List:

Chemicals considered hazardous under the federal OSHA Hazard Communication Standard.  

Filing Criteria:

Must be covered by OSHA Hazard Communication Standard 10,000 pounds or more of an OSHA Hazardous Chemical or an EHS at 500 pounds or the TPQ, whichever is less.

Exemptions:

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 ยง1910.1200(b), stipulate exemptions from the requirement to prepare or have available an MSDS.

 

Due Date: By March 1 of each year

Fee Exemption: State fee of $10 and County Fee of $75 for each chemical reported on the Tier II Form

Act 165 Section: 207(c)

 

List: Same as above

Filing Criteria: Same as above

Exemptions:

(1) Same as above

(2) Family farms

(3) Service stations

(4) State, Federal and Local government agencies

(5) Retail gasoline stations

Due Date: By March 1 of each year