Kentucky Tier II Reporting
Tier Ⅱ reporting in Kentucky is required for any facility that stores hazardous chemicals that meet or exceed chemical thresholds. Under Section 312 of the Emergency Planning and Community Right to Know Act of 1986 (EPCRA), submission of a Tier Ⅱ form is required when working with hazardous chemicals. This form, known as the Emergency and Hazardous Chemical Inventory Forms, is used to notify state officials, local officials, and the general public regarding potential hazards.
Understanding Kentucky’s Tier II Reporting Requirements
Who Needs to Report?
Any facility in Kentucky that has hazardous substances equal to or greater than the established threshold amounts (listed below) must report.
- Any facility that stores 10,000 lbs or more of hazardous chemicals at any one time.
- Any facility that stores 500 lbs (or the threshold planning quantity, whichever is less) or more of extremely hazardous substances.
- Retail fuel stations with underground storage tanks need to report if they store:
- 75,000 gallons or more of gasoline
- 100,000 gallons or more of diesel fuel (all grades combined)’
- The reporting thresholds in Kentucky apply to the maximum quantity stored at a facility at any one time.
- Even if thresholds are met, chemicals with reporting exemptions do not need to be included
- Only facilities in Kentucky meeting or exceeding the thresholds for at least one chemical must submit a Tier II report. Facilities below the thresholds for all chemicals are exempt.
- More information about reporting requirements in Kentucky can be found here.
Types of Facilities Subject to Tier II Reporting
Here are some examples of facilities and chemicals that would need to submit a Tier II report in Kentucky:
- Chemical manufacturers – Facilities that manufacture hazardous chemicals like chlorine, ammonia, acids, pesticides, etc. would need to report the quantities of these chemicals stored on site.
- Fuel terminals – Petroleum storage and distribution centers would report chemicals like gasoline, diesel, jet fuel, propane, etc.
- Industrial facilities – Manufacturing plants, metal processing centers, etc. would report chemicals used in operations like solvents, cleaning agents, lubricants, paints, etc.
- Wastewater treatment plants – These facilities would report chlorine, sodium hydroxide, and other water treatment chemicals stored on site.
- Refineries – Refineries would report crude oil as well as refined petroleum products.
- Farm supply retailers – Retailers selling pesticides, herbicides, and fertilizers to farmers would report inventory quantities.
- Hazardous waste facilities – Facilities handling hazardous waste would report chemicals contained in the waste.
- Power plants – Coal and natural gas power plants would report ammonia used for NOx emission controls.
Facilities in these industries would likely need to report common chemicals stored over Tier II thresholds like acids, flammable liquids, fuels, chlorine, and ammonia.
Kentucky’s Electronic Tier II Reporting System (Tier II Manager™)
Overview of Tier II Manager™
Kentucky facilities are required to submit their EPCRA Section 312 reports using Tier II Manager. Submissions, corrections, updates, and payments will be made through this new system.
How to Submit a Tier II Report in Kentucky
Here are the typical steps to complete Tier II reporting in Kentucky using the Tier II Manager online reporting system:
- Gather the required information – This includes an inventory of all hazardous chemicals stored on-site above reporting threshold limits, along with basic facility identification information.
- Create an account on Tier II Manager and log in or click “Register” to create an account for your facility.
- Start a new Tier II report – Once logged in, click “Start New Report” to begin filling out the Tier II form with your facility and chemical inventory information.
- Enter facility identification information – This includes name, address, Dun & Bradstreet number, etc.
- Add your chemical inventory – For each hazardous chemical on your site that was above its reporting threshold, enter the amount, location, storage types, etc.
- Enter contact information – Provide contact details for your facility’s Tier II coordinator, owner, and operator.
- Review and verify report – Double check all entered information is correct before submitting.
- Certify and submit – Digitally sign and officially submit the completed Tier II report to state and local officials.
- Pay fees – Kentucky requires a fee payment along with the Tier II report submission. Follow the prompts to pay any required fees. The amount will be calculated automatically.
- Print final copy – Download or print a final copy of the certified Tier II report for your records.
- 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.
- Reports submitted after the due date of March 1, will be fined a one-time late fee of $250 per facility.
Deadlines and Timelines for Tier II Reporting
Annual Reporting Deadline
In Kentucky, the Tier II reporting deadline is due March 1, annually regarding information on hazardous chemicals present at the facility in the previous calendar year.
Additional Reporting Requirements
In Kentucky, there may be additional Tier II chemical inventory reporting requirements beyond just the annual report:
- Initial Notification: Facilities must submit a notification within 90 days after they first exceed reporting thresholds for any hazardous chemicals on site. The thresholds for this notification are the same as the Tier II thresholds.
- Emergency Planning Notification: Facilities must submit a notification within 60 days after they bring an Extremely Hazardous Substance on-site in a quantity that exceeds its Threshold Planning Quantity.
Tips for Effective Tier II Reporting
Maintain Accurate Inventory Records
Starting early in collecting compliance data will help with making sure all the data is accurate and ready to go when the March 1st deadline comes around. A good rule of thumb is to have data ready to review the first week of January.
Understand State-Specific Reporting Requirements
In Kentucky facilities do not need to submit separate Tier II reports to KERC, Local Emergency Planning Committee (LEPC), and Fire Departments as Tier II Manager will submit the report to these agencies.
Keep Copies of All Submitted Reports
Keep a copy of the confirmation page and submitted report for your records
Common Mistakes in Tier II Reporting and How to Avoid Them
Incorrectly Estimating Quantity of Reportable Substances
It’s important to look at all chemicals across your equipment, departments, and processes. You also need to aggregate extremely hazardous substances that may exist at your facility in different capacities. For example, sulfuric acid could be stored in a drum. Also, if you have lead-acid batteries, you will need to take into account the sulfuric acid housed in the lead-acid batteries (if they are not exempt).
Be sure to consult the EPA list of lists to double check if chemicals stored at your facility are an extremely hazardous substance (EHS).
Failing to Keep Up-To-Date with Changes in Regulations
Failure to report can result in Federal, state, and local penalties if an incident occurs and there is no Tier II report on file.
- Submit Tier II reports on time by the March 1 deadline.
- Ensure all hazardous chemicals above reporting thresholds are included.
- Completely omitting chemicals or the full report typically leads to the highest fines.
- Even small errors associated with one chemical can incur sizable penalties.
- Keep up to date with your LEPCs and their requirements to ensure first responders have the information they need and you’re fully compliant
Penalties for Non-Compliance with Tier II Reporting in Kentucky
Potential Fines and Legal Consequences
Failure to submit an accurate and complete Tier II report in Kentucky can result in significant fines and legal consequences, including:
- Civil penalties of up to $27,500 per violation per day can be issued by KY Emergency Management for failure to comply with reporting requirements.
- Facilities may be prohibited from handling or storing hazardous chemicals until violations are remedied.
- Non-complying facilities can be sued by the state, local agencies, or citizens to compel compliance and recover costs of enforcement.
- Serious violations may lead to the EPA pursuing federal civil or criminal enforcement actions. Penalties under federal EPCRA can be up to $37,500 per day per violation.
- Inaccurate reporting can delay emergency response and endanger first responders or the community if undisclosed chemicals are released. This could result in negligence lawsuits.
Impact on Community Safety and Emergency Preparedness
Here are some examples that illustrate the importance of Tier II reporting for community safety in Kentucky:
- In Louisville in 2004, a chemical fire occurred at a facility that had failed to submit a Tier II report. First responders lacked key information about the chemicals present, leading to evacuation delays and injuries.
- In Paducah in 2014, a train derailed releasing toxic chemicals into the community. The extent of the danger was unknown because the transportation company had not filed Tier II reports on the shipped chemicals.
- In Ashland in 2002, a chemical spill during unloading went initially unreported by a facility. Nearby residents were exposed to toxic fumes for hours before learning of the spill.