SARA fees for Tier II reports

SARA Tier II fees

What laws created these fees?

The Pollution Prevention Act of 1992

A governor appointed advisory board to coordinate pollution prevention activities in Colorado. (C.R.S. 25-16.5-104 & 105)
A grants program to fund pollution prevention activities and provide technical assistance to small and medium sized businesses in the state. (C.R.S. 25-16.5-107)
A fee paid by SARA Title III reporters to fund the grants program. (C.R.S. 25-16.5-108)

Who has to pay these fees?

Facilities required to report under the Federal Emergency Planning and Community Right-to-Know Act, also known as EPCRA or SARA Title III, Sections 302/311/312 (typically Tier II) and/or 313 (TRI), are subject to Pollution Prevention fees under the authorization of the Colorado Pollution Prevention Act.

How are my fees calculated?

$10.00	For each facility required to report under EPCRA or SARA Title III.
$10.00	For each hazardous and/or extremely hazardous substance exceeding EPA reporting thresholds under EPCRA Section 311/312, (Typically reported on the Tier II Hazardous Chemical Inventory Report).
$25.00	For each hazardous substance exceeding EPA reporting thresholds under the Toxic Release Inventory reporting requirement of EPCRA Section 313, (TRI).

Fees are capped at $1,000 maximum for any one reporting organization that owns or operates multiple reporting facilities in Colorado.

Your invoice may contain fee information for more than one facility you own or operate. It is also possible that you may receive a separate invoice for each facility. In this situation, you may choose to send one check which will cover all of your facilities, AS LONG AS you identify, by customer or invoice number, which facilities you are paying for.

Do I qualify for an exemption?

There are several special cases/exemptions given in the Act:

Agricultural businesses: Exempt from fees entirely. If you are claiming an agricultural exemption and do not have a form on file with us, you must obtain and fill out an agricultural exemption form. If you have any questions regarding the agricultural exemption form, email the Colorado SARA Title III program.

Multiple reporting facilities: $1000 maximum for any one reporting organization which owns or operates multiple reporting facilities in Colorado. The multiple facility ceiling should have been figured into your invoice.

Where do I send my payment?

If you find your invoice is correct, and you have no questions regarding it, please submit your fee to:

Colorado Dept of Public Health and Environment
Pollution Prevention Fees
Mail Code: ASD-AR-B1
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530

When are my fees billed?

Fees are mailed out once all the Tier II Hazardous Chemical Inventory Report forms (submitted March 1st) and the Toxic Release Inventory reports (submitted by July 1st) have been processed. This timing varies from year to year, but typically fees for a reporting year are mailed out in Sept or Oct in the following calendar year.

What are my fees used for?

The Pollution Prevention (P2) Grant Program

The Pollution Prevention (P2) Grant program is funded by fees collected from facilities required to report under EPCRA or SARA Title III. These fees are used to make pollution prevention ”the environmental management tool of first choice” in Colorado by supporting programs to reduce the use or release of hazardous chemicals. For more information on the P2 Grant program and how to apply for grants, please email the P2 Grants program.

Contact Information

Colorado Department of Public Health and Environment
SARA Title III reports OE-B2
4300 Cherry Creek Drive South
Denver, CO 80246-1530 [ Office of Environmental Integration & Sustainability Home]