Overview of Act 165

Act 165 encases establishing a Statewide hazardous material safety program; creating the Hazardous Material Response Fund; providing for the creation of Hazardous Material Emergency Response Accounts in each county; further providing for the powers and duties of the Pennsylvania Emergency Management Agency, of the Pennsylvania Emergency Management Council and the counties and local governments; imposing obligations on certain handlers of hazardous materials; and imposing penalties. 

Owners or operators of facilities that have hazardous chemicals on hand in quantities equal to or greater than set threshold levels must submit a Tier Two form. The purpose of the Tier Two form is to provide State and local officials and the public with specific information on hazardous chemicals present at the facility during the past year. It is the responsibility of the facility to report to the county. 

Planning facilities are facilities that have extremely hazardous chemicals on hand that meet or exceed reporting thresholds. These facilities are required to do an Off-site Emergency Response Plan. Help is offered to facilities to complete this plan by the Act 165 Coordinator. The plan is then presented to the Local Emergency Planning Committee (LEPC) by the Act 165 Coordinator for approval.