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The EPA’s Tier2 Submit2013 software is available.
The secure Kentucky.gov website used for Tier2 Submission and payment is updated and now open.
The "Commonwealth of Kentucky's - EPCRA How to Comply Packet (3MB)" has been updated and is available for download.
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.
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.
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 secure Kentucky.gov website to submit a report. The website will go live January 1st and requires users to register a free 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 (3MB)” 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.
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).
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: firstname.lastname@example.org.