KY Emergency Response Commission Updates Text of Hazardous Substance Planning Regulation

The Administrative Register of Kentucky published on March 1, 2017 contained an amendment to 106 KAR 1:081, the Kentucky Emergency Response Commission (KERC) regulation governing the obligations of facilities with hazardous chemicals to submit annual Tier 2 reports, pay associated annual fees, and participate in planning for all extremely hazardous substances (EHS) present at the facility under the Emergency Planning and Community Right-to-Know Act (EPCRA, aka SARA Title III). The amendment, which was adopted on February 10, 2017, does not alter the regulatory obligations of facilities subject to the regulation – it updates and reorganizes the regulation’s text to provide greater clarity, use current terminology, and refer facilities to two KERC publications, “EPCRA: How to Comply Packet” and “Emergency Response Planning Guide for EHS Facilities: Self-Study Manual,” for detailed guidance and instructions on how to comply with the regulation.

The revised KERC regulation looks different on its face as a result of the recent amendment – however, its filing timelines, fees, and the regulatory scheme of 106 KAR 1:081 as a whole remain unchanged by the amendment.

The amendment reorganized the text of 106 KAR 1:081, such that Section 2 now identifies the Tier 2 report filing requirements that apply to all facilities with hazardous chemicals and Section 4 now identifies the emergency planning requirements that apply to facilities with extremely hazardous substances in addition to the requirements of Section 2. Section 3, however, still pertains to the fees applicable to the various categories of facilities subject to the regulation.

The amendment also removed outdated material from Section 6, including a list of extremely hazardous substances, Tier 2 and Tab Q-7 forms, and instructions on how to comply with the regulation. Meanwhile, Section 1 was expanded to include definitions for the following terms and acronyms: “Extremely hazardous substance (EHS),” “EHS facility emergency response plan,” “Facility annual certification letter (FACL),” “Facility emergency coordinator (FEC),” and “Safety data sheet (SDS).” Among the recently added definitions are “EPCRA: How to Comply Packet” (aka “KERC Document: 700-CP”) and “Emergency Response Planning Guide for EHS Facilities: Self-Study Manual” (aka “KERC Document: 730-PGSS,” which was formerly known as “Tab Q-7”) – the two annual KERC publications that provide detailed instructions for facilities on how to comply with the requirements of the regulation, who to contact, and how to use the electronic system.

Lastly, the amendment to 106 KAR 1:081 also officially changed the abbreviation for the Kentucky Emergency Response Commission from “KyERC” to “KERC.”
Sources :43 Ky. Admin. Reg. 1211 (March 2017).