Programs

SARA Title III 

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 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 tier2kyem@gmail.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).

Tier2 Confidential Location Form (PDF-325KB).

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 below. 

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: tier2kyem@gmail.com .

 SARA Title III Documents

2014 Commonwealth of Kentucky's - EPCRA How to Comply Packet3173 KB12/19/2013 4:13 PM
2014 Kentucky Tier2 Reporting Fee Schedule72 KB12/19/2013 4:13 PM
2014 LEPC Tier2 Inventory Reporting Contact Information153 KB12/19/2013 4:13 PM
Battery Lead-Acid KERC Policy Documents ALL1005 KB3/31/2014 11:05 AM
CERC Policy 004-2013 Tier2 Reporting Requirements SIGNED1371 KB10/16/2013 9:06 AM
CERC SARA Title III Tier2 Tab Q-7 KRS 39E Penalties154 KB10/2/2013 10:04 AM
County Title III Plan Checklist 2014121 KB3/31/2014 11:00 AM
EPCRA200 KB12/19/2013 4:13 PM
Kentucky LEPC's - It Is Your Right To Know970 KB3/27/2014 12:11 PM
Kentucky's TAB Q-7 Plan Development Guidance3723 KB4/3/2014 2:54 PM
KRS 39 E144 KB12/29/2012 4:47 PM
KY Update on recent EPA and OSHA Final Rulings171 KB9/9/2013 11:45 AM
List of Lists3212 KB11/26/2012 7:17 PM
Tier II Retail Gas Station Reporting Rule39 KB11/21/2011 10:15 AM
Tier2 Inventory Confidential Location Form139 KB12/4/2013 1:44 PM

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 Commonwealth Emergency Response Commission.

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