Teams

Kentucky Emergency Response Commission (KERC) 

KERC

Kentucky has adopted EPCRA into law through Kentucky Revised Statutes 39E and the regulations found in 106 KAR Chapter 1.  EPCRA requires that every State have a State Emergency Response Commission (SERC).  In Kentucky, the SERC is known as the Kentucky Emergency Response Commission (KERC). 

The KERC was established to:
* Implement all provisions related to hazardous substances;
* Develop policies related to the response of state and local governments to releases of hazardous substances;
* Develop standards for planning for these events;
* Develop reporting requirements for hazardous substances;
* Provide information to the public concerning hazardous substances in the community;
* Develop training requirements; and
* Develop requirements for local governments and covered facilities to exercise plans related to hazardous substance response.

For more information on the laws and regulations governing the implementation of EPCRA in Kentucky, consult KRS 39E and 106 KAR Chapter 1 at the Kentucky Legislature website: www.lrc.ky.gov/law.htm

The KERC can have up to 25 members and has representatives from the following agencies:

• The Fire Commission
• Department for Environmental Protection
• State Fire Marshal
• Kentucky State Police
• Attorney General's Office
• Affected Industry
• Local Government
• Health Services
• Environmental Interests
• Persons who have technical expertise in the emergency response field

All Commissioners are appointed by the Governor for a period of two years and can be re-appointed; they do not receive a salary. 

The KERC is attached as an Administrative Body to the Kentucky Division of Emergency Management (KYEM). 

The Director of the KYEM serves as the Chairman and KYEM personnel provide administrative support to the Commission.

 KERC Org Chart

The Commission is required to meet at least semi-annually.  Currently the Commission is meeting bi-monthly.

The KERC shall make available to the public upon request all information not protected from release to the general public as a trade secret under federal law.

The duties of the KERC include, but are not limited to:
* Appointing local emergency planning committees (LEPC). 
* Adopting standards and procedures for the operations of LEPCs;
* Developing reporting requirements and procedures consistent with those of SARA Title III;
* Developing guidance and standards for plans related to hazardous substances;
* Approving, disapproving, and, where necessary, making recommendations to improve plans developed by LEPCs;
* Developing policies relating to the training of LEPCs and persons subject to respond to releases of hazardous substances;
* Developing policies relating to exercising and testing plans developed by LEPCs;
* Specifying a warning point to which all required emergency notifications shall be made;
* Developing a procedure by which facilities may report the presence and inventories of hazardous substances and by which members of the public may obtain these reports.

Resources

106 KAR 1.081 Kentucky Emergency Response Commission fee system requirements LoL REMOVED171 KB
106 KAR 1.091 Kentucky Emergency Response Commission fee account grant requirements for local emergency planning committees100 KB
106 KAR 1.101 Kentucky Emergency Response Commission fee account grant requirements for state agencies73 KB
106 KAR 1.111 Kentucky Emergency Response Commission Fee Account Grant Review Committee69 KB
106 KAR 1.121 Kentucky Emergency Response Commission fee account grant distribution formula111 KB
106 KAR 1.131 Kentucky Emergency Response Commission civil penalty assessment and hearings procedure91 KB
KRS39E76 KB
SARA-TITLE-III112 KB


Upcoming events

2015 KERC Meeting Dates
January 14
March 18
May 13
July 15
September 23
November 18

Meeting Dates
Downloadable PDF

 

Contact David Davis
KERC Coordinator
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.


KERC Mission:
The mission of the KERC is to ensure state, federal, and local hazardous materials planning and preparedness is established, integrated, and mutually supportive. Furthermore the KERC shall guide community readiness across the Commonwealth by increasing the public's knowledge and access to information on hazardous chemicals, thereby increasing the ability to plan, prepare, and respond to a chemical release. The mandatory duties of the KERC are as listed in KRS 39E.040.

Hazardous Materials Emergency Response Plans
Hazardous Materials Emergency Response Plans, known in Kentucky as TAB Q-7s, developed under the guidance of the KERC must be included in the local emergency operations plan and must emphasize a coordinated response by all local emergency response organizations.  Plans must be approved by the commission.  LEPCs must annually review and update, where appropriate, each plan and submit revisions to the KERC.

After the KERC approves a plan developed by a LEPC, emergency response organizations of each city, county, urban-county government, and charter county government must respond in a manner consistent with those plans.