Contact: Trevor Monk, dlipress@pa.gov
Harrisburg, PA – The Pennsylvania Department of Labor & Industry (L&I) is reminding all facilities and businesses that store, use, or manufacture hazardous chemicals across the Commonwealth of the March 1 deadline to file a Tier II chemical report with L&I. These reports are essential for the creation of emergency plans that safeguard public safety and the environment.
"Accurate and timely Tier II reporting ensures that communities and emergency personnel have the information needed to effectively respond to chemical emergencies," said L&I Secretary Nancy A. Walker. "We remind all facilities that have hazardous chemicals subject to Tier II reporting requirements to prepare their submissions in advance of the March 1 deadline."
L&I's Bureau of Occupational and Industrial Safety (BOIS) plays a pivotal role in administering and enforcing the Hazardous Material Emergency Planning and Response Act, with a focus on making information about on-site chemicals accessible to emergency responders. BOIS manages the reporting of chemicals through the Pennsylvania Tier II System (PATTS) and the Toxic Release Inventory (TRI), ensuring that facilities comply with reporting deadlines. In 2023, BOIS processed over $1.2 million in reporting fees, contributing to the Pennsylvania Emergency Management Agency (PEMA) Hazardous Material Response Fund which supplements county chemical safety programs.
The Department encourages all facilities to review their inventory of chemicals and submit their Tier II reports promptly if they meet the requirements. The Pennsylvania Tier II System (PATTS) offers an efficient, electronic submission process that not only streamlines the reporting for facilities but also facilitates immediate access to this critical information by emergency planners and responders.
Facilities that have hazardous chemicals on site are required to submit their Tier II reports by the March 1 deadline. This includes any facility with the following hazardous chemicals:
· Extremely Hazardous Substances designated under section 302 of Title III;
· Gasoline and diesel fuel stored entirely underground at retail gas stations that comply with requirements for underground storage tanks; and
· All other hazardous chemicals (including if the safety data sheet states, “Hazards Not Otherwise Classified").
Note: Specific thresholds, quantities, and other information about what hazardous chemicals are required to be reported can be found on L&I's website.
Facilities that fail to comply with the Tier II reporting requirements may face penalties, including fines. Additionally, the Environmental Protection Agency Emergency Planning & Community Right-to-Know Act allows for civil and administrative penalties ranging from $23,331 up to $174,9854 per violation per day when facilities fail to comply with the reporting requirements. Criminal penalties of up to $50,000 or five years in prison apply to any person who knowingly and willfully fails to provide emergency release notification.
For more information on Tier II chemical reporting, including guidance on how to determine if a facility is required to report, how to submit a report, exemptions and access to PATTS, please visit L&I's website.