106 KAR 1:081. Kentucky Emergency Response Commission fee system requirements.
RELATES TO: KRS 39.800-39.990, 42 U.S.C. 11001-11050
STATUTORY AUTHORITY: KRS 39.817, 39.845, 39.850, 39.890, 42 U.S.C. 11002(c), 11003(c), (d)
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation sets forth the requirements to be followed by facilities subject to paying a fee.
Section 1. Definitions. (1) "Category One Facility" means any facility owned or operated by local, state or federal government which is exempted from paying any fee in accordance with KRS 39.817. This exemption applies solely to fees and does not exempt any Category One Facility from reporting requirements pursuant to KRS 39.800 to 39.905.
(2) "Category Two Facility" means any facility that has not less than 10,000 pounds and not more than 499,999 pounds of each of ten (10) or fewer hazardous substances. The combined total of all hazardous substances shall not exceed 499,999 pounds.
(3) "Category Three Facility" means any facility that has 10,000 pounds or more of each of eleven (11) or more hazardous substances. The combined total of all hazardous substances shall not exceed 499,999 pounds.
(4) "Category Four Facility" means any facility that has a total inventory of over 499,999 pounds of hazardous substances.
(5) "Category Five Facility" means any facility that has an extremely hazardous substance as set out in Section 6 of this administrative regulation in excess of the threshold planning quantity.
(6) "DES/SARA-312" means the state annual chemical inventory reporting form due March 1 each year, covering the preceding calendar year.
(7) "DES/SARA-312-C" means the confidential state annual chemical inventory reporting form due March 1 each year, covering the preceding calendar year which may be used if a facility elects to withhold location information on a specific chemical from disclosure to the public pursuant to 42 USC 11044(a).
(8) "Hazardous chemical" means any substance for which a facility is required to prepare or have available a material safety data sheet under the Occupational Safety and Health Act
of 1970 and federal regulations promulgated under that Act.
(9) "Hazardous substance" means any substance defined in KRS 39.805(5) and for annual inventory reporting purposes shall include hazardous chemicals.
(10) "KyERC" means the Kentucky Emergency Response Commission.
Section 2. Facility Requirements. (1) In accordance with the planning requirements of KRS 39.845 and 39.850, 42 USC 11002(c) and 11003(c)(d), no later than sixty (60) days after a facility notifies the Kentucky Emergency Response Commission that it is subject to the requirements of this section, the facility shall provide emergency response planning information to the local emergency planning committee and shall assist the local emergency planning committee develop a Tab Q-7 or commission-approved equivalent as set out in Section 6 of this administrative regulation for all extremely hazardous substances set out in Section 6 of this administrative regulation in excess of the threshold planning quantity for submission in accordance with the requirements of 106 KAR 1:091.
(2) After initial submission and approval of the Tab Q-7 or commission-approved equivalent in accordance with subsection (1) of this section, each March 1 any facility that has an extremely hazardous substance as set out in Section 6 of this administrative regulation in excess of the threshold planning quantity shall review the Tab Q-7 or commission-approved equivalent and send certification to the local emergency planning committee stating that there were no changes and therefore the plan is correct as is; or the plan has been revised and the revisions are included with the certification.
(3) A Category Five Facility which is not subject to the annual chemical inventory reporting requirement due on DES/SARA-312 and, if applicable DES/SARA-312-C shall comply with Section 2(1) and (2) of this administrative regulation and shall file the fee in accordance with Section 4 of this administrative regulation.
(4) Any facility subject to the annual chemical inventory reporting requirements contained in KRS Chapter 39.890, and 42 USC 11022 shall submit Form DES/SARA-312 and, if applicable DES/SARA-312-C as set out in Section 6 of this administrative regulation no later than March 1 each year in accordance with the filing instructions in Section 4 of this administrative regulation.
Section 3. Fees shall be payable in accordance with the schedule listed below except the same owner or owners of two (2) or more facilities in a single county subject to paying a fee shall pay a fee not to exceed a total of $250 for all those facilities in that county.
(1) Category One Facility fee is $0.
(2) Category Two Facility fee is $40.
(3) Category Three Facility fee is $250.
(4) Category Four Facility fee is $250.
(5) Category Five Facility fee is $250.
Section 4. Filing Requirements for Fees and Forms DES/SARA-312 and DES/SARA-312-C. A computer-generated form containing all the information in DES/SARA-312 and DES/SARA-312-C may be accepted. All fees and forms DES/SARA-312 and, if applicable DES/SARA-312-C, shall be filed simultaneously, no later than March 1 each year. Checks shall be made payable to "Kentucky State Treasurer" and shall be marked "For KyERC Fee Account". Fees and forms shall be mailed to: Chairman, Kentucky Emergency Response Commission, EOC Building-Boone National Guard Center, Frankfort, Kentucky 40601-6168.
Section 5. Penalties. Failure to comply with provisions of this administrative regulation shall result in penalties as provided in KRS 39.990(3).
Section 6. The forms referred to in Sections 1(6), (7), 2(1), (2), (3), (4) and 4 of this administrative regulation is are set out in this section. The list of extremely hazardous substances referred to in Section 2(1), (2) of this administrative regulation are set out in this section.
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The List of Extremely Hazardous Substances and their Threshold Planning Quantities (Alphabetical Order) |
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CAS No. |
Chemical Name |
Threshold |
Notes Planning quantity (pounds) |
|
75865 |
ACETONE CYANOHYDRIN |
1000 |
|
|
1752303 |
ACETONE THIOSEMICARBAZIDE |
1000/10000 |
e |
|
107028 |
ACROLEIN |
500 |
|
|
79061 |
ACRYLAMIDE |
1000/10000 |
d,l |
|
107131 |
ACRYLONITRILE |
10000 |
d,l |
|
814686 |
ACRYLYL CHLORIDE |
100 |
e,h |
|
111693 |
ADIPONITRILE |
1000 |
e,l |
|
116063 |
ALDICARB |
100/10000 |
c |
|
309002 |
ALDRIN |
500/10000 |
d |
|
107186 |
ALLYL ALCOHOL |
1000 |
|
|
107119 |
ALLYLAMINE |
500 |
e |
|
20859738 |
ALUMINUM PHOSPHIDE |
500 |
b |
|
54626 |
AMINOPTERIN |
500/10000 |
e |
|
78535 |
AMITON |
500 |
e |
|
3734972 |
AMITON OXALATE |
100/1000 |
e |
|
7664417 |
AMMONIA |
500 |
1 |
|
300629 |
AMPHETAMINE |
1000 |
e |
|
62533 |
ANILINE |
1000 |
d,1 |
|
88051 |
ANILINE,2,4,6-TRIMETHYL- |
500 |
e |
|
7783702 |
ANTIMONY PENTAFLUORIDE |
500 |
e |
|
1397940 |
ANTIMYCINA |
1000/10000 |
c,e |
|
86884 |
ANTU |
500/10000 |
|
|
1303282 |
ARSENIC PENTOXIDE |
100/10000 |
d |
|
1327533 |
ARSENOUS OXIDE |
100/10000 |
d,h |
|
7784341 |
ARSENOUS TRICHLORIDE |
500 |
d |
|
7784421 |
ARSINE |
100 |
e |
|
2642719 |
AZINPHOS-ETHYL |
100/10000 |
e |
|
86500 |
AZINPHOSMETHYL |
10/10000 |
|
|
98873 |
BENZAL CHLORIDE |
500 |
d |
|
98168 |
BENZENAMINE,3(TRIFLUOROMETHYL)- |
500 |
e |
|
100141 |
BENZENE,I(CHLOROMETHYL)-4-NITRO- |
500/10000 |
e |
|
98055 |
BENZENEARSONIC ACID |
10/10000 |
e |
|
3615212 |
BENZIMIDAZOLE,4,5-DICHOLORO-2- (TRIFLUOROMETHYL)- |
500/10000 |
e,g |
|
98077 |
BENZOTRICHLORIDE |
100 |
d |
|
100447 |
BENZYL CHLORIDE |
500 |
d |
|
140294 |
BENZYL CYANIDE |
500 |
e,h |
|
15271417 |
BICYCLO(2.2.1)HEPTANE-2-CARBONITRILE,5- CHOLORO-6((((METHYLAMINO)CARBONYL) OXY)IMMINO-,(l S-(2-ALPHA,2-BETA,4-ALPHA, 5-ALPHA,6E))- |
500/10000 |
e |
|
534076 |
BIS(CHLOROMETHYL)KETONE |
10/10000 |
e |
|
4044659 |
BITOSCANATE |
500/10000 |
e |
|
10294345 |
BORON TRICHLORIDE |
500 |
e |
|
7637072 |
BORON TRIFLUORIDE |
500 |
e |
|
353424 |
BORON TRIFLUORIDE COMPOUND WITH METHYL ETHER(1:1) |
1000 |
e |
|
28772567 |
BROMADIOLONE |
100/10000 |
e |
|
7726956 |
BROMINE |
500 |
e,l |
|
1306190 |
CADMIUM OXIDE |
100/10000 |
e |
|
2223930 |
CADMIUM STEARATE |
1000/10000 |
c,e |
|
7778441 |
CALCIUM ARSENATE |
500/10000 |
d |
|
8001352 |
CAMPHECHLOR |
500/10000 |
d |
|
56257 |
CANTHARIDIN |
100/10000 |
e |
|
51832 |
CARBACHOL CHLORIDE |
500/10000 |
e |
|
26419738 |
CARBAMIC ACID, METHYL-,O-(((2,4-DIMETHYL-1, 3-DITHIOLAN-2-yl)METHYLENE)AMINO)- |
100/10000 |
e |
|
1563662 |
CARBOFURAN |
10/10000 |
|
|
75150 |
CARBON DISULFIDE |
10000 |
|
|
786196 |
CARBOPHENOTHION |
500 |
e |
|
57749 |
CHLORDANE |
1000 |
d |
|
470906 |
CHLORFENVINFOS |
500 |
e |
|
7782505 |
CHLORINE |
100 |
|
|
24934916 |
CHLORMEPHOS |
500 |
e |
|
999815 |
CHLORMEQUAT CHLORIDE |
100/10000 |
e,h |
|
79118 |
CHLOROACETICACID |
100/10000 |
e |
|
107073 |
CHLOROETHANOL |
500 |
e |
|
627112 |
CHLOROETHYLCHLOROFORMATE |
1000 |
e |
|
67663 |
CHLORFORM |
10000 |
d,l |
|
542881 |
CHLOROMETHYL ETHER |
100 |
d,h |
|
107302 |
CHLOROMETHYL METHYL ETHER |
100 |
c,d |
|
3691358 |
CHLOROPHACINONE |
100/10000 |
e |
|
1982474 |
CHLOROXURON |
500/10000 |
e |
|
21923239 |
CHLORTHIOPHOS |
500 |
e,h |
|
10025737 |
CHROMIC CHLORIDE |
1/10000 |
e |
|
10210681 |
COBALT CARBONYL |
10/10000 |
e,h |
|
62207765 |
COBALT,((2,2'-(1,2-ETHANEDIYL-BIS(NITRILOMETHYLIDYNE))[q EiIS(6-FLUOROPHENOLATO)) (2-)N,NI,O,Ol |
100/10000 |
e |
|
64868 |
COLCHICINE |
10/10000 |
e,h |
|
56724 |
COUMAPHOS |
100/10000 |
|
|
5836293 |
COUMATETRALYL |
500/10000 |
e |
|
95487 |
CRESOL,O |
1000/10000 |
d |
|
535897 |
CRIMIDINE |
100/10000 |
e |
|
4170303 |
CROTONALDEHYDE |
1000 |
|
|
123739 |
CROTONALDEHYDE(E)- |
1000 |
|
|
506683 |
CYANOGEN BROMIDE |
500/10000 |
|
|
506785 |
CYANOGEN IODIDE |
1000/10000 |
e |
|
2636262 |
CYANOPHOS |
1000 |
e |
|
675149 |
CYANURIC FLUORIDE |
100 |
e |
|
66819 |
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