Iowa Admin. Code r. 605-104.2

Current through Register Vol. 47, No. 8, October 30, 2024

Rule 605-104.2 - Department of natural resources

(1)Emergency notifications of releases. Each release subject to the requirements of Section 304, Emergency Planning and Community Right-to-Know Act, 42 U.S.C. 11004, shall be submitted to the department of natural resources. This notification shall be done in conjunction with the notification required by 567-131.2 (455B). Notifications of release shall be telephoned to the department at (515)725-8694 immediately. A written follow-up emergency notice shall be made within 30 days.

(2)Toxic chemical release form. The owner or operator of a facility subject to the requirements of Section 313, Emergency Planning and Community Right-to-Know Act, 42 U.S.C. 11023, shall submit information required by EPA regulations to the department of natural resources. The information for the previous calendar year shall be submitted by July 1 of the following year.

(3)Safety data sheet information. The owner or operator of a facility required to prepare or have available a safety data sheet for a hazardous chemical under the Occupational Safety and Health Act of 1970 and regulations promulgated under that Act shall submit a list of each chemical required to be submitted under Section 311, Emergency Planning and Community Right-to-Know Act, 42 U.S.C. 11021. The list shall be submitted to the department of natural resources and to the appropriate local emergency planning committee (LEPC) and the fire department in whose jurisdiction the facility is located. The submission of safety data sheets in lieu of a list is not permitted. A form is not designated.

(4)Emergency and hazardous chemical inventory form (Tier II). The owner or operator of a facility required to prepare or have available a safety data sheet for a hazardous chemical under the Occupational Safety and Health Act of 1970 and regulations promulgated under that Act shall submit emergency and hazardous chemical inventory information required to be submitted under Section 312, Emergency Planning and Community Right-to-Know Act, 42 U.S.C. 11022. The information shall be submitted to the department of natural resources, the appropriate local emergency planning committee (LEPC), and the fire department within whose jurisdiction the facility is located by March 1 for the chemicals in its inventory the preceding calendar year. Tier I forms will not be accepted. The information shall be submitted on the Iowa Tier II form or in any electronic format approved by the department of natural resources.

(5)Submissions. Written notifications and reports required under this rule shall be submitted to the Department of Natural Resources, EPCRA, 502 East 9th Street, Des Moines, Iowa 50319. Additional information can be found in rule 567-131.2 (455B).

This rule is intended to implement Iowa Code sections 30.2 and 30.4.

Iowa Admin. Code r. 605-104.2

Amended by IAB February 03, 2016/Volume XXXVIII, Number 16, effective 3/9/2016

Amended by IAB January 25, 2023/Volume XLV, Number 15, effective 3/1/2023