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 Kentucky Emergency Response Commission (KERC) is responsible for implementing the provisions of EPCRA. On September 17, 2013 the KERC 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 Kentucky.gov 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 Kentucky.gov website, complete the Tier2 Inventory Confidential Location Form and email to email@example.com . 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).