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). EPCRA requires all owners or operators of facilities that are subject to the OSHA Hazard Communication Standard (facilities that use, produce, and/or store a Hazardous Chemical and/or an “Extremely Hazardous Substance” (EHS) in excess of the “Threshold Quantity” (TQ) must report inventories of all on-site chemicals for which MSDSs exist to the SERC, LEPC, and local fire department.
An EPA document known as the “list of lists” provides detailed documentation as to what substances in what quantity have reporting requirements. For example, any business or facility that uses, stores or sells large batteries that contain an acid, typically sulfuric acid, must report the amount of acid and the number of batteries if the number and amount reach a certain level. Other hazardous chemicals and materials are included in the list of lists.
Tier2 reports and fees are due annually by March 1. Facilities that fail to file or do so after March 1st, will be classified as non-compliant and subject to the maximum penalty allowable, as stated in KRS 39E.990.
The Fayette LEPC works with local businesses and manufacturers to make sure reporting is completed on a annual basis. The Fayette LEPC also works with local agencies to ensure that appropriate plans are in place in case of an accident involving those extremely hazardous substances (EHS) and that those plans are communicated to local first responders.