Pennsylvania Emergency Planning and Community Right-to-Know Act (EPCRA) Frequently Asked Questions

​Substance Reporting Exemptions per CFR 40 Part 370:

Section 311 (e) of SARA, Title III 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.
• 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.

The following types of reports are required to be submitted:

1. Annual Tier II Report Requirements: A facility must file an Annual Tier II report listing the hazardous chemicals that were present at the facility at levels that equal or exceed these thresholds at any time during the previous calendar year. These annual reports and the related fees are due March 1. View Instructions on submitting an Annual Report.

2. Revision Tier II Report Requirements: A facility must file a Revision report to correct errors or omissions in previously submitted Annual Reports. Revision reports can be submitted to revise the most recently submitted Annual Report and/or for prior submitted Annual reports. View Instructions on submitting a Revision Report.

3. Initial Tier II Report Requirements: If a new hazardous chemical is brought onsite during the calendar year OR if the quantity of a hazardous chemical that was already onsite reaches the reporting amount, a facility is required to report that chemical within five (5) business days as an Initial Report. The fee for an initial chemical report will not be due until the next annual reporting cycle.  You must add a new chemical in order for PATTS to allow you to submit the report. View Instructions on submitting an Initial Report.

4. Update Report Requirements: AN UPDATE REPORT SHOULD NOT BE SUBMITTED IN LEIU OF AN ANNUAL, INITIAL or REVISION REPORT. Update reports should be submitted to capture changes to facility contacts or chemical quantities/locations onsite during the current calendar year. Please note that if a chemical location changes, an updated site plan will also need to be attached to the Update Report.

Resources:

• 1990 Act 165
• Tier II Reporting in Pennsylvania

​Have an Authorization Letter prepared on company letterhead attesting to your responsibility for submitting Tier II Reports and have it signed by the company representative with suitable authority that would like you to submit Tier II reports. Please include PATTS Facility ID(s) if any exist and/or Facility Address(es) in the Authorization Letter.

If you are a consultant, the letter requirement is the same as noted above, but should indicate the company representative is authorizing you to submit as their consultant and then signed by the company representative and yourself.

Authorization letters should be emailed to RA-li-psaf-patts@pa.gov

Example Authorization Letter is available for download. Once a letter is mailed to RA-li-psaf-patts@pa.gov:

1. Go to https://www.lipatts.pa.gov and ensure you meet the following system requirements.

• Firefox 59 or higher, or Chrome 62 or higher works best with PATTS.
• You will need Adobe Acrobat Reader to use this System. Download the Adobe Reader
• You need to enable javascript and turn off the pop-up blocker in your browser.
• If you encounter any problem, contact your technology desk to verify whether you have these requirements.
• Cookies need to be enabled in your browser. It is enabled by default.

2. If you do not currently have a PATTS username, Click "Register"

• If you forgot your username or password, click on "Forgot Username" or "Forgot Password" to assist with the issue. Please Note: the hint question is case sensitive. If you are unsuccessful on your own, PLEASE CONTACT OUR OFFICE AT 717-783-2071, Opt. 0 or ra-li-psaf-patts@pa.gov

3. Choose "Reporting Facilities/Business User" and select "Next"
4. Complete the "New User Registration Information", including PATTS Facility IDs if known and/or facility name(s) and addresses. Click "Submit".
5. You will receive an automated message from ra-li-psaf-patts@pa.gov once your username is approved.

​The username requirements are 8 to 12 characters long and should be alphanumeric.

The password requirements are 8 to 12 characters long and contain characters from at least 3 of the following 4 groups: uppercase alphabets, lowercase alphabets, numbers, and special characters.

Contact Pennsafe at ra-li-psaf-patts@pa.gov or call 717-783-2071, Opt. 0. Pennsafe staff can enable a disabled username. Revoked users will need to re-register for a new username, and it cannot be the same as the previous username.

Note: A PATTS Facility is specifically used in PATTS and not used for other state agency purposes.

Complete the following steps to request a PATTS Facility ID:

1. Log in to https://www.lipatts.pa.gov and hover your mouse over the "Facilities Tab" at the top and then choose "Request Facility ID".

2. Fill out the "Facility Detail Information" and "Save".

3. Pennsafe staff reviews the submitted Facility ID Request. Facility IDs are not immediately approved but are typically approved or rejected within 24-hours.

4. You will receive an automated message from ra-li-psaf-patts@pa.gov providing you with the Facility ID if approved or stating that the request was rejected if rejected. The rejection reason is typically that a Facility ID already exists for the address.

Example Automated Facility ID Approval Email:

For non-voluntary reports, PA Act 165 of 1990 charges $10.00 per chemical. County fees are separate from the state and vary per county. Contact the facility's LEPC for questions regarding county fees.

Review 1990 Act 165 for reference.

​No, electronic methods of payment are not accepted at this time. Checks or money orders made payable to the Pennsylvania Hazardous Material Response Fund are the only forms of payment accepted at this time.

After completing your Tier II Report online, please send your signed Invoice/Certification form with a check or money order enclosed.

​Please send your payment and invoice to one of the following addresses:

General Mailing Address
PA Department of Labor & Industry
Bureau of Occupational & Industrial Safety/Pennsafe Program
PO Box 68571
Harrisburg, PA 17106-8571

or

Certified Mailing Address
PA Department of Labor & Industry
Bureau of Occupational & Industrial Safety/Pennsafe Program
651 Boas Street Room 1600
Harrisburg, PA 17121-0750

Chemicals are required to be reported in pounds.

Yes, any chemicals onsite at the Reporting Threshold or that meet the EHS TPQ and have SDS's stating physical and health hazards as "Hazards Not Otherwise Classified" are required to be reported in Tier II Reports. An SDS stating "Hazards Not Otherwise Classified" does not exempt a facility from reporting the chemical(s).

Review the Revised Hazard Categories for EPCRA 311-312 Reporting.

​No, facilities must pay associated fees for chemicals noted as "Hazards Not Otherwise Classified" in its SDS.

The facilities would still need to report even though the physical and health hazards are noted only as "Hazards Not Otherwise Classified" and are subject to the chemical fees if at or over the 10,000 lbs. or the TPQ for EHS. Below is an EPA link I found that supports this guidance.

Review the Revised Hazard Categories for EPCRA 311-312 Reporting.

Submitters should have chemical Safety Data Sheets (SDSs) and a site plan prepared to attach in the Tier II Report they are submitting.

The following items must be included in a site plan:

• File must be PDF or TIF <5MB
• Facility ID # as provided by Pennsafe
• Facility Name
• Facility Address (If no street address, include driving directions from the nearest intersection)
• Latitude/Longitude
• Directional North
• Show the actual street orientation
• Identify the location of each substance being reported or include a legend with the chemicals and location 

Review Tier II Reporting in Pennsylvania for more information.

​PATTS vendor advises to try the following:

1. Try using Google Chrome browser and try to open the attachment. If it works, no need to make any other changes

2. If you are using Internet Explorer, follow these steps to open a PDF in your browser.

• Go to "Settings" (gear icon on top right)
• Select "Internet Options"
• Select the "Program" tab
• Under the Internet Programs section, select the "Set Programs" button
• Click on "Select your Default Program"
• Select "Default Apps" on the left menu
• Scroll to the bottom and select "Choose Apps by Default File Type"
• Scroll down to .pdf. Click on Adobe Reader and a list of apps should appear, then select Google Chrome.

3. If you have access to change settings on your computer, here are steps to set your system to open PDFs with Chrome Browser

• Go to the Start menu
• Select "Settings"
• Select "Apps"
• Select "Default Apps" on the left menu
• Scroll to the bottom and select "Choose Apps by Default File Type"
• Scroll down to .pdf. Click on Adobe Reader and a list of apps should appear, then select Google Chrome.

There are two ways to report Lead Acid Batteries.

The first method to report lead acid batteries is as follows:

1. The CAS # for a lead acid battery should be N/A. "Chemical Name" should state Lead Acid Battery.

2. Lead Acid batteries contain an EHS, so "Contains EHS" should be checked off

3. "Mix," "liquid," and "solid" should also be selected and the system will then provide you with the ability to enter the mixture components. Those mixture components should identify the Lead and the Sulfuric Acid and their percentages of the total weight, which you can find in your SDS.

The second method to report lead acid batteries is to report the lead and sulfuric acid separately. You would have to add each of those chemicals into the chemical inventory area of the report separately and then attach separate SDS's for each of those chemicals (One for Lead and One for Sulfuric Acid). EHS would need checked for Sulfuric Acid.

Typically, one lead acid battery has about 432 pounds of sulfuric acid and 1,690 pounds of lead. That means if you have two or more batteries on site, the sulfuric acid would need to be reported and if six or more batteries are on site, then the lead would need to be reported. When an EHS is reported over the Threshold Planning Quantity, a 302 Notification letter must be sent to the SERC at PEMA, your LEPC/EMA Office, and Fire Department. If that was previously done, then it doesn't need to be done again. A copy of the most recent calendar year's Tier II report will need to be sent to your local Fire Department.

Review the Revised Lead Acid Battery Reporting Memorandum.

​All facilities located in counties other than Berks county should send a copy of the Tier II Report and attachments to its Local Fire Department. Facilities located in Berks County must submit a report in PATTS and in Berks' County Tier II Submit and also send a copy of the Tier II Report and attachments to its local fire department.

​You must submit the trade secret substantiation form with EPA. Review EPCRA Trade Secret Forms and Instructions for additional information.

​If chemicals were onsite at some point during the calendar year at reportable quantities, an Annual Report will need completed when that calendar year's Annual Report option is available in PATTS (usually by January 2 of the following year). Once that is completed and fees are paid, email ra-li-psaf-patts@pa.gov  to request an Exemption Letter Form for you to complete and return. Pennsafe staff can then change the status of your facility to inactive and delete your username if you have no other facilities in your account.

Helpful Tip: Submit an Update Report and reduce the chemical amount to one pound if the facility closed, but you need to submit the future Annual Report. Note: Please also contact your facility's LEPC if your facility plans to close or remove/reduce hazardous chemicals for any additional procedures they may have.

Review information for Facilities that Close During a Reporting Year.