The following information is being supplied to help you understand the SARA Title III (Superfund Amendment and Reauthorization Act of 1986) Reporting and Planning Procedures, as per Federal requirements and ACT 1990-165 (Hazardous Materials Emergency Response) Reporting and Planning Procedures, as per State and County requirements, for hazardous substances.

This information, in brief, is being provided to you as a basic reference and for your better understanding of SARA Title II and ACT 1990-165. It should not be substituted for reading the complete law and related acts. 

Substance Reporting, Tier II - Sewction 312 

WHEN, HOW and WHO you should make reports to?

• TIER II Reports are an annual substance inventory requirement, which are to be completed and filed each year prior to March 1st.
• TIER II Reports are required for any stocked or stored substances for the previous year, similar to reporting income tax.
• Reports are to be on the Chemical Substance Inventory TIER II Form, or reasonable copy, which indicates an entry area for Extremely Hazardous Substances, EHS.
• When several facilities, are involved, with difference address locations, please start a NEW TIER II Report Form for each facility location. DO NOT combine different address locations on one (1) TIER II.
• Family Farms, Service Stations and Retail Facilities, see further information at "Reporting Exemptions".
• Completed TIER II Reports are to be mailed to your County LEPC, the State and to your local Fire Company, which services your area.

Tier II Reporting Procedures - Section 312

WHAT and WHEN do you make reports?

• ALL CHEMICALS are always to be reported when in excess of the Threshold Planning Quantity (TPQ).
• EXTREMELY HAZARDOUS SUBSTANCES, EHS in excess of 500 pounds, or the Threshold Planning Quantity of that particular chemical, whichever is the lesser amount.
• HAZARDOUS SUBSTANCES, HS only when in excess of 10,000 pounds. Example: Asphalt in 10,000 lbs. or more is reportable.
• FUELS only when at or in excess of 10,000 pounds above ground for both gasoline and diesel. In addition to 75,000 gallons underground for gasoline and 100,000 gallons underground for diesel fuel. See conversion table below. The75,000 and 100,000 gallons thresholds apply only to retail gas stations, only to underground tanks and only to gasoline and diesel fuel. Kerosene, Aviation Fuel and other petroleum products are not included and are STILL subject to the 10,000 pound reporting threshold. Gas and diesel fuel stored in above ground tanks, in underground tanks that are not at a retail gas stations, or in tanks that are out of compliance for any part of the year are still subject to the 10,000 pound reporting threshold.
• DILUTED CHEMICALS are to be reported, but only when the AL (active ingredients) or the percentage amount is over 500 pounds, or the Threshold Planning Quantity of that particular chemical, whichever is the lesser amount.  

Reporting Exceptions

FAMILY FARMS

• An initial "one-time" list of all substances used in the routine agriculture operations must be submitted to the LEPC. However, any changes in routine substances should be reported when changed.
• After the initial reporting, any substances which are used for the daily day-to-day agriculture operations, which are NOT classified as Extremely Hazardous Substances (EHS), are exempt from TIER II Reporting requirements.

SERVICE STATIONS

• Service Stations with thresholds below 75,000 gallons of gasoline and 100,000 gallons of diesel do not need to file a Tier II report, however they must send their information to the Adams County Department of Emergency Services to keep on record in case of an incident.
• In order to qualify for these higher thresholds, your facility must meet all three of the following conditions:
• Your facility must be classified as a retail service station. (SIC Code 5541 or NAICS Code 447110 or 447190)
• All of the gasoline and diesel fuel stored at your retail service station must be stored in underground storage tanks.
• The underground storage tanks for the gasoline and diesel fuel must be in compliance with the Federal Underground Storage Tank Requirements. (40 CFR Part 280
• A facility that is classified as a wholesale fuel supplier must file an electronic Tier II, if the facility exceeded 10,000 pounds of gasoline, diesel fuel or other reportable fuels during the calendar year prior to the Tier II reporting deadline.
• Retail service stations that store alternative fuels, such as butane, propane kerosene, etc. in excess of 10,000 pounds during the calendar year preceding the Tier II reporting deadline must report these alternative fuels to the Tier II Reporting Program.
• Retail service stations that store gasoline or diesel fuel in above-ground storage tanks must apply the 10,000 pound Tier II reporting threshold to these fuel products for purposes of filling the data.

RETAIL FACILITIES

• All retail facilities that sell lead acid batteries are exempt only from those batteries sold for retail. If the facility has batteries coming in for exchanges, those spent batteries must be reported to Adams County as then said facility will be under SARA Title III Section 302 requirement for off-site Emergency Planning and Planning Fee. There are no exceptions.

ALL Extremely Hazardous Substances MUST be reported annually, as per TIER II Reporting Requirements.

There are NO exceptions to EHS Reporting. 

Chemical Registration - Act 1990-165 

Pennsylvania Act 165 of 1990 allows the State and County governments to assess fees for facilities reporting under SARA Title III requirements. The following fees were established by Adams County Ordinance Number 1-1991, on February 27, 1991 and amended by Ordinance Number 1-2001 on January 3, 2001.

• $75.00 -- annual County Chemical Registration Fee for each chemical reported on TIER II Forms, under SARA Section 312. DO NOT SEND PAYMENT WITH YOUR TIER II REPORT, YOU WILL BE INVOICED.
• $10.00 -- annual State Chemical Registration Fee for each chemical reported on TIER II Forms, under SARA Section 312.
• Only Family Farm Enterprises, Service Stations and facilities owned by Federal, State, County or Local Governments are EXEMPT from Registration Fees and Planning Fees under ACT 165 Section 207 (b), (c), (d), (e) and (f).

 Emergency Planning - Section 302, 303, Act 165

 There are presently 360 Extremely Hazardous Substances (EHS). In the event that you have one of these substances, in excess of the Threshold Planning Quantity (TPQ), an Off-Site Emergency Response Plan MUST be prepared and approved by the LEPC, in cooperation with the reporting facility. There are NO exceptions to EHS Reporting or Planning. Also, all planning facilities may be subject to additional reporting requirements and inspection, as required by the LEPC.

Pennsylvania Act 165 of 1990 allows the State and County governments to assess fees for facilities requiring Off-Site Emergency Response Plans, under SARA Title III requirements. The following fees were established by Adams County Ordinance Number 1-1991, on February 27, 1991.

• $100.00 -- annual County Off-Site Planning Fee for each facility requiring an Off-Site Emergency Response Plan under SARA Title III requirements. DO NOT SEND PAYMENT WITH YOUR COUNTY TIER II OR PLAN UPDATES, YOU WILL BE INVOICED.