New! Schedule Update for all facilities with regards to the 2013 Tier2 Reporting Cycle (Jan 1st - Mar 1st):
The EPA is currently updating the Tier2 Submit2013 software (due late November).
KYEM has their web developers updating our secure Tier2 Submission web site (due early December).
The LEPC Program Manager is currently updating the "Commonwealth of Kentucky's - EPCRA How to Comply Packet" and will post to this page as soon as complete (due middle December).
Click here to continue to the Tier2 Submission.
The Superfund Amendments and Reauthorization Act (SARA) was signed into federal law in 1986. Title III of SARA, also known as the Emergency Planning and Community Right-To-Know Act (EPCRA), requires all facilities manufacturing, processing, or storing hazardous chemicals to report to the SERC, LEPC, and local fire departments, inventories of all on-site chemicals for which MSDSs exist.
New CERC Policy Mandates Electronic Tier2 Reporting and Payment
IMPORTANT - Kentucky no longer accepts hard copy (paper) Tier2 reports or paper checks for the associated fees!
In Kentucky, the Commonwealth Emergency Response Commission (CERC) is responsible for implementing the provisions of EPCRA. On September 17, 2013 the CERC voted unanimously to pass Policy 004-2013 (1MB) , which states that effective January 1, 2014, all Kentucky facilities subject to EPCRA are required to submit Tier2 forms and payments for associated fees electronically. Fees are due at the time of submittal, either by electronic check or credit card payment.
This policy will result in increased reporting efficiency and reduced processing time by allowing for the immediate upload of chemical inventory data, auto-calculation of payment amounts, and retention of facility submission information from year to year.
Kentucky’s online Tier2 submission process requires using the Environmental Protection Agency’s (EPA) Tier2 Submit 2013 program, which is available free by clicking here. A new version of Tier2 Submit is created around November of each year.
ATTENTION: Tier2 Submit 2013 assists facilities in preparing a Tier2 report; it does NOT submit the report to the Commonwealth of Kentucky! Facilities must use the KYEM secure Tier2 Submit website to submit a report. The website will go live January 1st and will require setting up a free ky.gov account.
The Tier2 reports and fees are due annually by March 1. Facilities that fail to file or do so after March 1st, will be classified as non-compliant and subject to the maximum penalty allowable, as stated in KRS 39E.990.
KYEM annually updates the “EPCRA - How to Comply Packet” which includes step-by-step instructions required to be compliant with Kentucky and EPCRA regulations. All owners or operators of facilities that are subject to the OSHA Hazard Communication Standard; use, produce, and/or store a Hazardous Chemical and/or an “Extremely Hazardous Substance” (EHS); in excess of the “Threshold Quantity” (TQ) must report as described.
“Step by Step Tier2 Online Reporting Instructions (299KB)” are also available for those familiar with the Tier2 Reporting process. This document is an abbreviated version of the“EPCRA - How to Comply Packet” Packet” and contains only the step by step directions for Tier2 online reporting and payment of associated fees.
EPCRA allows the exact location of hazardous substances at a facility to be kept confidential. Facilities wishing to keep this information confidential must submit a hard copy of the
Tier2 Confidential Location Form (PDF-325KB).
Most LEPCs and Fire Departments require a hard copy report. However, the Fayette County (Lexington) and Jefferson County (Louisville) LEPCs require electronic submission of Tier2 Submit files. Email Tier2 reports, a .t2s format is required, to Fayette County - email@example.com and Jefferson County - firstname.lastname@example.org respectively.
If you have any questions regarding the Tier2 online submission process, please contact the KYEM LEPC Program Manager by phone at 502.607.5712 or via email at: email@example.com .