Kentucky has adopted the Emergency Planning and Community Right-to-Know Act (EPCRA) into law through Kentucky Revised Statues 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 at http://www.lrc.ky.gov/law.htm.
Per KRS, the KERC can have up to twenty-five (25) members and shall include, but not be limited to, representatives from the following agencies:
• The Commission on Fire Protection, Personnel Standards, and Education
• The Energy and Environment Cabinet
• The State Fire Marshal
• The Department of Kentucky State Police
• The Office of the Attorney General
• The Department of Agriculture
• Affected Industry
• Local Government
• Health Services
• Environmental Interests
• Other persons who have technical expertise in the emergency response field
All Commissioners are appointed by the Governor for a period of two (2) years and can be re-appointed. Commissioners do not receive a salary.
The KERC is attached as an Administrative Body to the Kentucky Division of Emergency Management (KYEM).
The Director of KYEM serves as the Chairman and KYEM personnel provide administrative support to the Commission.