IA DNR: EPCRA

How do I find information about chemicals in my community?
Information about chemicals in your community can be found in several locations. The US EPA has developed EnviroMapper, a tool to search many of the US EPA's databases to locate information about chemicals, facilities, and the environment in your neighborhood. The Iowa DNR is in the process of developing a similar tool that includes additional state data. The Iowa site is called Facility Explorer and information is continually being added and updated. Information from particular EPCRA programs can be found by following the links at the left for the particular program.

What if I notice an error in an EPCRA report?
If you notice an error in an EPCRA report contact the agency or agencies responsible for that section of EPCRA. For errors in Sections 304, 311/312, or 313 (Spill Reporting, Tier II Chemical Storage reporting, or Toxic Chemical Release Inventory reporting) contact the Iowa Department of Natural Resources at 515/725-0302 or via e-mail at iowa.epcra@dnr.iowa.gov.

What is a "Hazardous Condition"?
“Hazardous Condition” means any situation involving the actual, imminent or probable spillage, leakage, or release of a hazardous substance onto the land, into a water of the state or into the atmosphere which, because of quantity, strength and toxicity of the hazardous substance, its mobility in the environment and its persistence, creates an immediate or potential danger to the public health or safety or to the environment.

A hazardous substance can be any substance or mixture of substance that present a danger to the public health or safety and may include hazardous materials as listed by the EPA or DOT, non-hazardous materials that in quantity may cause a toxic or dangerous environment to exist, or a hazardous waste as defined by the EPA and DOT. The definition of a hazardous condition does not rely on reportable quantities, but relies on the impact a quantity may have on the public and environment.

Who is required to report a hazardous condition?
Law enforcement officers and the responsible party. See the rules for a complete definition of responsible party. Fire departments, mayors, and county coordinators are not required to report a hazardous condition. However, we always welcome a report or notification from any local official.

Will I receive a fine for reporting a hazardous condition?
No. The Department can assess a penalty for failure to report a hazardous condition within 6 hours of onset or discovery, or improper response to a hazardous condition. You will not, however, be assessed a penalty for simply reporting a hazardous condition.

Will I receive a fine for not reporting a hazardous condition?
The Department can file a Notice of Violation for a violation of hazardous condition reporting requirements and can assess a penalty for the violation or improper response to a hazardous condition. You will not, however, be assessed a penalty for reporting a hazardous condition. If in doubt it is best to report.

What if I am not sure if this incident qualifies as a hazardous condition?
Report it. We will be willing to sort out the details and make a determination if an incident is reportable when you contact us.

Who responds to a spill or release and does the DNR have a Hazardous Materials Team?
The responsible party has the ultimate responsibility to respond to a spill or release. The responsible party should contact local responders if the spill or release is impacting or has the potential to impact the public or environment outside their property line or if they do not have the means to respond to the spill or release. The responsible party may also elect to have a contractor respond to a spill or release, however the spill or release should be dealt with in a timely manner which may not be possible with a contractor.

No, the DNR does not have a Hazmat Team. The DNR only provides technical assistance, we do not act as "first responders."

Who cleans up a spill?
The responsible party is required to clean up a spill. Sometimes this can be accomplished by employees of the facility if they are familiar with the handling and storage of a chemical, and have proper training to conduct a cleanup. Facilities may also hire contractors to clean up a spill. DNR occasionally hires a contractor to clean up the spill, but this is only done under extraordinary circumstances.

Will DNR make other notifications for me?
DNR can advise you on what other notifications may be necessary, but we will not make the calls for you.

What is Hazardous Chemical Storage Reporting (Section 311/312 Tier II Reporting)?
Hazardous Chemical Storage Reporting (also known as Tier II reporting) tracks the chemicals stored at a facility. The chemicals stored at a facility include those produced, used in the production process, or stored at the facility for commercial sale or transfer to another facility. The Iowa Department of Natural Resources assumed the management of Iowa's Tier II program in July of 2007.

What chemicals need to be reported?
Section 311/312 reporting is required of facilities that meet the following requirement; First, they have on-site chemicals requiring a Material Safety Data Sheet (MSDS) under OSHA regulations, and second, they have those chemicals in quantities above the Section 311/312 reporting threshold. The threshold planning quantities can be found in EPA's List of Lists. Any chemical not listed in the "List of Lists" has threshold planning quantity of 10,000 lbs on site at any one time. The US EPA estimates there are more than 500,000 chemicals that require an MSDS.

Does Iowa charge a fee for reporting under Section 311/312 (Tier II)?
Currently Iowa does not charge fees for submitting the Tier II forms required under Section 311/312.

How do I report under Section 311/312?
EPCRA requires submissions be sent to the State Emergency Response Commission (SERC), the Local Emergency Planning Committee (LEPC), and the local fire department. The Iowa DNR will handle submissions to the LEPC on behalf of facilities starting reporting year 2007. Section 311/312 Tier II reports should be completed on-line at the link at left. If you are unable to complete the form on-line contact the DNR's EPCRA staff by e-mail at iowa.epcra@dnr.iowa.gov or phone at 515/725-0302. If a report is not received by the SERC, LEPC, and fire department, the submitter is considered out of compliance and subject to enforcement action.

What is Toxic Chemical Release Inventory Reporting (Section 313 TRI Reporting)?
Toxic Chemical Release Inventory Reporting (also known as TRI reporting) tracks the waste management practices of regulated facilities during the calendar year. Facilities are required to report the quantity of chemicals managed and how the chemicals are managed including recycling efforts, energy recovery, on-site and off-site treatment, and disposal.

What chemicals need to be reported?
The US EPA lists chemicals subject to Section 313 reporting in the List of Lists. Facilities that have a regulated chemical in quantities above 25,000 lbs per year manufactured or processed or 10,000 lbs per year used in their production process are required to report. Also some chemicals may have lower thresholds as indicated in EPA's "List of Lists".

Is there a fee for submitting Section 313 (TRI) reports?
Currently the EPA and Iowa do not charge fees for submitting TRI reports.

How do I report under Section 313?
EPCRA requires submissions be sent to the State Emergency Response Commission (SERC) and the US EPA.

You can submit TRI forms to the EPA electronically or by hardcopy.

Send hardcopy reports to EPA by regular mail at:
TRI Data Processing Center
P.O. Box 1513
Lanham, MD 20703-1513
Attn: Toxic Chemical Release Inventory

Certified mail, overnight mail, and hand-delivered submissions only should be addressed to:
TRI Data Processing Center
c/o Computer Sciences Corporation
Suite 300
8400 Corporate Drive
New Carrollton, MD 20785
(301) 429-5005

The State of Iowa accepts TRI Forms via hardcopy, CD, diskette, and e-mail.

Send State TRI forms to:
Iowa Department of Natural Resources
Emergency Response & Homeland Security Unit
502 E. 9th Street
Des Moines, IA 50319-0034
(515) 725-0302

Facilities located on Indian land should send a copy to the Chief Executive Officer of the applicable Indian tribe. Some tribes have entered into a cooperative agreement with states; in this case, report submissions should be sent to the entity designated in the cooperative agreement.

EPA has developed a software package called “TRI Reporting Software.” The easy-to-use CD-ROM includes TRI-ME software and comes with complete instructions for its use. It also provides prompts and messages to help you report according to EPA instructions. For copies of the CD-ROM you may call EPA at (202) 564-9554. TRI-ME also is available for downloading from EPA’s Web site.