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). In Kentucky, the Kentucky Emergency Response Commission (KERC) is
responsible for the collection and maintenance of Kentucky’s EPCRA
notifications and reporting of Sections 302, 311, and 312 (Tier II).
As of January 1, 2020, Kentucky facilities
are required to submit their EPCRA Section 312 reports using the TIER II
MANAGER® online reporting system. Submissions, corrections, updates, and
payments will be made through this new system at TIERII Submissions from tier2submit, through ky.gov
will no longer be accepted. Please
review the slides in the documents section of this page for guidance on
creating your account and listing your facility (ies).
Once your account is approved, and before
starting a submission, please watch or read the materials provided in the
RESOURSES tab of the system thoroughly to understand both the requirements and
the online reporting process. The purpose of this online reporting portal is to
provide State and local officials with specific information on hazardous
chemicals present at Kentucky facilities for use in emergency preparedness,
planning, and emergency response.
Reports submitted after the due date of March
1, will be fined a one-time late fee of $250 per facility IAW KRS 39E.990 (2).
Facilities no longer need to submit to the
KERC, Local Emergency Planning Committee (LEPC), and Fire Departments. Instead,
a single submittal through TIER II MANAGER® satisfies all three submissions.
Submission of the Tier II
report by facilities that meet the reporting requirements established under
Section 312 of SARA Title III is required. Specifically, facilities are
required to report their possession of Extremely Hazardous Substances (EHS)
stored at 500 pounds or the Threshold Planning Quantity (TPQ), whichever is
less. In addition, facilities must report any hazardous chemical for which a
Safety Data Sheet (SDS) is required under the OSHA Hazard Communication
Standard, and which is stored in the amount of 10,000 pounds or more. For more information
on the list of EHS and their TPQ, or to obtain more information on the
reporting requirements, please review the information available on the Kentucky
Emergency Response Commission website at KERC
If you have any questions or
need assistance reporting, please contact the Program Manager at KY_Tier2_Manager@ky-em.org or 502.229.1545