The Superfund Amendments and Reauthorization Act (SARA) was signed into federal law in 1986.  Title III of SARA, is known as the Emergency Planning and Community Right-To-Know Act (EPCRA).  EPCRA requires all owners or operators of facilities that are subject to the OSHA Hazard Communication Standard (facilities that use, produce, and/or store a Hazardous Chemical and/or an “Extremely Hazardous Substance” (EHS) in excess of the “Threshold Quantity” (TQ) must report inventories of all on-site chemicals for which MSDSs exist to the SERC, LEPC, and local fire department. 

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.

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.

Kentucky’s online Tier2 submission process requires using the Environmental Protection Agency’s (EPA) latest Tier2 Submit program.  Tier2 Submit is updated annually and assists facilities in preparing a Tier2 report; it does NOT submit the report to the Commonwealth of Kentucky!  Facilities must use the secure website to submit a report.  The website is open 365 days a year, 24 hours a day, for submitting new or updated reports.

KYEM annually updates the EPCRA - How to Comply Packet (3MB)” which includes step-by-step instructions required to be compliant with Kentucky and EPCRA regulations. 

EPCRA allows the exact location of hazardous substances at a facility to be kept confidential.  Facilities wishing to keep this information confidential must, in addition to filing electronically through the website, complete the Tier2 Inventory Confidential Location Form and email to .  Subject line of email must include Tier2 Online Submission Invoice Number or Confirmation Number (you will be given this number when submission process is complete and all associated fees have been paid). 


2015 EPCRA How to Comply PacketDownload
2015 Kentucky Tier2 Reporting Fee ScheduleDownload
2015 Kentucky's TAB Q-7 Plan Development GuidanceDownload
2015 LEPC Tier2 Inventory Reporting Contact InformationDownload
CERC Policy 004-2013 Tier2 Reporting Requirements SIGNEDDownload
CERC SARA Title III Tier2 Tab Q-7 KRS 39E PenaltiesDownload
County Title III Plan Checklist 2014Download
County Title III Plan Checklist Dec 2014Download
Kentucky LEPC's - It Is Your Right To KnowDownload
KRS 39 EDownload
KY Update on recent EPA and OSHA Final RulingsDownload
list_of_lists_changes March 2015Download
List of Lists, EHS ONLY, CAS Sort, EPA, March 2015Download
List of Lists, EPA, March 2015Download
List of Lists, EHS ONLY, Alphabetical Sort, EPA, March 2015Download
NEW Electronic Template Annual Certification Letter January 2015Download
Tab Q-7 Facility Plan FormatDownload
Tier II Retail Gas Station Reporting RuleDownload
Tier2 Inventory Confidential Location FormDownload

Contact Us 

Questions/Technical Issues:
David Davis

State 24-hour warning point for HAZMAT Spill Notification
If you need to report a spill in accordance with SARA Title III Section 304 and KRS 39E.190, please contact the Duty Officer at the Commonwealth Emergency Operations Center at 800.255.2587 which serves as the twenty-four (24) hour warning point and contact for the Kentucky Emergency Response Commission.

Note: Submission to LEPC’s and Fire Departments - To meet all state and federal requirements a copy of the tier2 report must also be submitted annually to the Local Emergency Planning Committees (LEPC) for the County where the facility is located and the local Fire Department having jurisdiction for response to the facility.  No fee is required to submit Tier2 reports to the LEPC or Local Fire Department.

Most, but not all LEPCs require electronic submission of Tier2 reports, the complete list of requirements LEPC Tier2 Inventory Reporting Contact Information (153KB)”  can be found in the SARA Title III Documents Library on this page.