Kentucky has adopted EPCRA into law through Kentucky Revised Statutes 39E and the regulations found in 106 KAR Chapter 1. EPCRA requires that every State have a State Emergency Response Commission (SERC). In Kentucky, the SERC is known as the Kentucky Emergency Response Commission (KERC).
The Kentucky Emergency Response Commission (KERC) was established to:
* Implement all provisions related to hazardous substances;
* Develop policies related to the response of state and local governments to releases of hazardous substances;
* Develop standards for planning for these events;
* Develop reporting requirements for hazardous substances;
* Provide information to the public concerning hazardous substances in the community;
* Develop training requirements; and
* Develop requirements for local governments and covered facilities to exercise plans related to hazardous substance response.
For more information on the laws and regulations governing the implementation of EPCRA in Kentucky, consult KRS 39E and 106 KAR Chapter 1 at the Kentucky Legislature website: www.lrc.ky.gov/law.htm
The KERC can have up to 25 members and has representatives from the following agencies:
• The Fire Commission
• Department for Environmental Protection
• State Fire Marshal
• Kentucky State Police
• Attorney General's Office
• Affected Industry
• Local Government
• Health Services
• Environmental Interests
• Persons who have technical expertise in the emergency response field
All Commissioners are appointed by the Governor for a period of two years and can be re-appointed; they do not receive a salary.
The KERC is attached as an Administrative Body to the Kentucky Division of Emergency Management (KYEM).
The Director of the KYEM serves as the Chairman and KYEM personnel provide administrative support to the Commission.