Current through Register Vol. 51, No. 6, December 1, 2024
RELATES TO:
KRS
39E.040,
39E.050,
39E.110,
39E.130,
39E.140,
39E.150,
39E.160,
39E.170,
39E.220,
39E.230,
61.800,
61.805,
61.810,
61.820,
61.823,
61.826,
61.835,
Chapter 424, 40 C.F.R. Part 355 , Appendix A, Appendix B,
42
U.S.C. 11001-11050
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
39E.040(3) requires the KERC
to develop reporting requirements and procedures for individuals, businesses,
and governmental agencies that manufacture, use, store, or transport hazardous
substances.
KRS
39E.040(6) requires the
commission to recommend administrative regulations to the director for issuance
by the Division of Emergency Management to implement KRS Chapter 39E. This
administrative regulation establishes criteria and procedures to be met by
LEPCs requesting funds generated by
KRS
39E.050.
Section
1. Definitions.
(1) "Extremely
Hazardous Substance Facility Emergency Response Plan" or "EHS Facility
Emergency Response Plan" means an emergency response plan for a facility
subject to SARA Title III (Superfund Amendments and Reauthorization Act of
1986),
42
U.S.C. 11001 et seq., that:
(a) Has in its inventory an EHS above
Threshold Planning Quantity (TPQ); and
(b) Meets all required planning elements of
SARA Title III,
42 U.S.C.
11003,
KRS 39E.110,
KRS
39E.130,
KRS
39E.140,
KRS
39E.150,
KRS
39E.160,
KRS
39E.170,
KRS
39E.220, and the KERC's planning requirements
found in the Responsibilities of the LEPC Course: Manual (KERC Document
715-RL), incorporated by reference in
106
KAR 1:081.
(2) "EHS (Extremely Hazardous Substance)
Facility Emergency Response Plan Checklist" or "KERC Form: 303-PC" means the
checklist completed by all LEPCs and submitted to the KERC EHS Planner for all
EHS Facility Emergency Response Plans requiring submission to the KERC for
approval and in accordance with the Responsibilities of the LEPC Course: Manual
(KERC Document 715-RL), incorporated by reference in
106
KAR 1:081.
(3) "Grant Ledger" or "KERC Form: 105-GL"
means the form LEPCs are required to use to record all of the checks, cash
payments, and outlays of cash in the "(Name of Planning District) Emergency
Planning Committee Fee Account" during the calendar year, January 1 through
December 31.
(4) "KERC Document
Library" or "KERC Document: 001-LIB" means a compilation of documents
continually reviewed and updated by the KERC that contains pertinent
information for LEPCs.
(5) "LEPC
Annual Certification Letter (ACL)" or "KERC Form 302-ACL" means the letter
annually submitted by the LEPC listing the status of all EHS Facility Emergency
Response Plans in the planning district, which includes information that was
received from covered facilities by March 1, for the previous calendar year,
and in accordance with all ACL requirements found in the Responsibilities of
the LEPC Course Manual (KERC Document 715-RL).
(6) "LEPC Detailed Budget" or "KERC Form:
102-DB" means the form submitted by LEPCs annually identifying by category, all
intended purchases and expenses for the upcoming calendar year using, if
approved, KERC grant funds.
(7)
"LEPC Grant Application" or "KERC Form: 101-GA" means the form submitted by
LEPCs initially requesting KERC grant funds in accordance with the
Responsibilities of the LEPC: Course Manual (KERC Document 715-RL).
(8) "LEPC Membership Cover Page or "KERC Form
104-MCP" means the cover letter submitted by LEPCs with their annually required
submission of an updated membership list that serves as a checklist, ensuring
all representatives required by EPCRA,
42
U.S.C. 11001 through
11050,
and KRS Chapter 39E are included within each LEPC membership.
(9) "LEPC Supplemental Funds Application:
KERC Fee Account Grant (KERC Form 505-SPA)" means the application form used by
an LEPC to apply for supplemental funds from the KERC, or used by an LEPC to
earmark funds from one (1) grant year to the next for an LEPC Additional
Funding Allocation Project.
(10)
"Personal Property Inventory or "KERC Form: 103-PPI" means the form submitted
by LEPCs annually listing all property exceeding $500 purchased using KERC
grant funds.
(11) "Public (Legal)
Notice Advertisement" means the template established in Section 7 of this
administrative regulation and used by LEPCs to meet the EPCRA,
42
U.S.C. 11001 through
11050,
requirements found in Section 324, which require that each LEPC annually
publish a notice in local newspapers that the emergency response plan, material
safety data sheets, and inventory forms have been submitted.
(12) "Responsibilities of the LEPC: Course
Manual (KERC Document 715-RL)" means the packet, annually updated and published
by KYEM, which provides an introductory look at LEPCs including the laws and
regulations that govern them, instructions for the request for assistance
through the KERC grant funds, and an understanding of the federal and state
requirements for EHS Facility Emergency Response Plans.
Section 2. LEPC Eligibility Requirements.
(1) To be eligible for financial assistance,
LEPCs that have EHS as listed in 40 C.F.R. 355, Appendices A and B, in excess
of the TPQ present in their community shall meet all the criteria established
in this subsection during the preceding calendar year (January 1 through
December 31).
(a) The LEPC shall meet all
requirements established in
KRS
39E.110.
(b) The LEPC shall have an EHS Facility
Emergency Response Plan that has been approved by the KERC pursuant to
KRS 39E.110(1)(a), (e) and
(f) and
39E.150
as set out in the Responsibilities of the LEPC Course: Manual (KERC Document
715-RL) for each facility in the planning district that has an EHS in excess of
the TPQ.
1. The LEPC shall submit a completed
EHS Facility Emergency Response Plan Checklist (KERC Form: 303-PC) with all EHS
Facility Emergency Response Plans submitted for KERC approval.
2. The LEPC shall submit new EHS Facility
Emergency Response Plans to the KERC EHS Planner within sixty (60) days of
notification that the facility has an EHS in excess of the TPQ.
3. The KERC EHS Planner shall review new EHS
Facility Emergency Response Plans and their accompanying checklists for
completeness.
a. Complete plans shall be
forwarded to the Chairman of the KERC, or designee, within thirty (30) days of
receipt from the LEPC.
b.
Incomplete plans shall be returned to the LEPC with recommendations.
(c) The LEPC shall meet
at least twice during each calendar year (January 1 through December 31) to
conduct its business, and a quorum shall be required. A copy of the minutes
shall be provided to the chairman of the KERC, or designee, within thirty (30)
days of the date of the meeting pursuant to
KRS
39E.110(2).
(d)
1. No
later than November 30 each calendar year (January 1 through December 31) in
accordance with KRS Chapter 424, Legal Notices, the LEPC shall publish public
information on LEPC activities in the following year as established in Section
7 of this administrative regulation.
2. No later than December 31, each LEPC shall
provide the Chairman of the KERC, or designee, with a photocopy of the legal
notice published established in Section 7 of this administrative regulation
clearly showing the name of the newspaper and the date of
publication.
(e) No later
than February 28, the LEPC shall submit the LEPC Grant Application (KERC Form
101-GA) to the KERC LEPC Coordinator. The KERC LEPC Coordinator shall review
the grant request form for completeness and conformance to KRS Chapter 39E and
KAR Title 106.
(f) No later than
November 30 each year, the LEPC shall submit an updated membership list and
LEPC Membership Cover Page (KERC Form 104-MCP) to the chairman of the KERC or
designee.
(g) No later than
November 30 each year, the bylaws of each LEPC shall be provided to the
chairman of the KERC or designee, with certification stating that:
1. There were no changes; the bylaws are
identical to last year; or
2. The
bylaws have been revised and the revisions are included.
(h) The bylaws shall identify the position or
person who shall be responsible for accountability for the funds and who shall
be listed as the authorized applicant as shown on the Grant Application (KERC
Form: 101-GA).
(i) No later than
November 30, LEPCs shall submit a Personal Property Inventory (KERC Form:
103-PPI) identifying all property items valued in excess of $500 purchased
using KERC grant funds.
(j)No later
than April 1 each year, the LEPC shall review all existing EHS Facility
Emergency Response Plans and send an Annual Certification Letter (ACL) to the
KERC EHS Planner stating that:
1. There were
no changes; the plan is correct as is; or
2. The plan has been revised and the
revisions are included with the ACL.
(k) The KERC EHS Planner shall review the ACL
and all EHS Facility Emergency Response Plan revisions received from the LEPC
for completeness.
1. Complete plans shall be
forwarded to the chairman of the KERC or designee no later than May 1 each
year.
2. Incomplete plans shall be
returned to the LEPC with recommendations.
(l) The LEPC shall provide the chairman of
the KERC, or designee, documentation of expenditures, including bank
statements, canceled checks, invoices, receipts, and a Grant Ledger (KERC Form:
105-GL) on a quarterly basis. The final due date for submissions of documents
from the final quarter of the preceding year shall be no later than January
31.
(m) No later than June 30,
local emergency planning committees shall submit a LEPC Detailed Budget (KERC
Form: 102-DB) to the chairman of the KERC, or designee, identifying how the
funds requested on the LEPC Grant Application are to be spent.
(2) To be eligible for financial
assistance, LEPCs that do not have any EHS in excess of the TPQ present in
their community shall meet the criteria established in this subsection during
the preceding calendar year (January 1 through December 31).
(a) The LEPC shall meet criteria established
in
KRS 39E.110(1)(b), (c), (d), (2),
(4), (5), and subsection (1)(c) and (d) of
this section.
(b) The LEPC shall
meet at least once during each calendar year (January 1 through December 31) to
conduct its business and a quorum shall be required. A copy of the minutes
shall be provided to the chairman of the KERC, or designee, within thirty (30)
days of the date of the meeting pursuant to
KRS
39E.110(2).
Section 3. KERC Grant
Review Procedures.
(1) The KERC staff, the
chairman of the KERC or designee, or the Grant Review Committee may request
additional information that shall be provided by the LEPC. Failure to provide
the requested information shall invalidate the LEPC's request for funding.
(a) The chairman of the KERC, or designee,
shall annually update, publish, and promulgate all grant requirements in the
Responsibilities of the LEPC (KERC Document 715-RL).
(b) The chairman of the KERC, or designee,
shall annually review, publish, and promulgate, through incorporation by
reference in an administrative regulation, all grant required KERC forms in the
KERC Document Library (KERC Document #001-LIB).
(2) The schedule of due dates shall be as
established in this subsection.
(a) No later
than March 30, the KERC LEPC Coordinator shall:
1. Review the grant request form for
completeness and conformance to
106
KAR 1:101, Kentucky Emergency Response Commission fee
account grant requirements for state agencies,
106
KAR 1:111, Kentucky Emergency Response Commission Fee
Account Grant Review Committee, and
106
KAR 1:121, Kentucky Emergency Response Commission fee
account grant distribution formula;
2. Note any recommendations; and
3. Forward the items established in
subparagraphs 1 and 2 of this paragraph to the Grant Review
Committee.
(b) No later
than May 30, the Grant Review Committee, with a quorum present, shall review
all grant requests and forward recommendations to the KERC for final
approval.
(c) No later than July
30, the KERC shall make the grant awards pursuant to this administrative
regulation.
Section
4. Requests for Modifications.
(1) A modification of a grant award shall be
required if there is a change in the grant request or if an LEPC is unable to
expend the funds for the purpose for which the grant was awarded.
(a) A request for modification shall be
submitted by the LEPC for approval by the commission.
(b) Unexpended monies shall be returned to
the KERC fee account fund.
(2) Requests for modifications of grant
awards shall be submitted on an LEPC Detailed Budget, KERC Form 102-DB, and,
except for due dates, shall be processed in accordance with Sections 2 and 3 of
this administrative regulation.
(3)
Modifications may be submitted throughout the grant period.
Section 5. Supplemental Grant
Awards.
(1) In the event supplemental money is
available, the KERC shall determine the date of the supplemental allocation
award and inform the LEPCs of that date.
(2) Requests for supplemental money shall be
submitted on an LEPC Supplemental Funds Application: KERC Fee Account Grant
(KERC Form 505-SPA) and, except for due dates, shall be processed in accordance
with this section and Sections 2 and 3 of this administrative
regulation.
(3) If the LEPC
requests supplemental money, the schedule of due dates shall be as established
in this subsection.
(a) No later than thirty
(30) days from notification by the KERC of the availability of supplemental
LEPC money, the LEPC shall submit the supplemental LEPC Supplemental Funds
Application: KERC Fee Account Grant (KERC Form 505-SPA) to the KERC Program
Manager.
(b) No later than thirty
(30) days from receipt of the supplemental grant request, the KERC Program
Manager shall review the supplemental grant request documents for completeness
and conformance to
106
KAR 1:101. Kentucky Emergency Response Commission fee
account grant requirements for state agencies,
106
KAR 1:111. Kentucky Emergency Response Commission Fee
Account Grant Review Committee, and
106
KAR 1:121, Kentucky Emergency Response Commission fee
account grant distribution formula.
1.
Complete fund applications shall be forwarded to the Grant Review
Committee.
2. Incomplete fund
applications shall be returned to the LEPC with
recommendations.
(c)
Forty-five (45) days from receipt of the supplemental grant request, the Grant
Review Committee, with a quorum present, shall review the supplemental grant
request in accordance with Section 3 of this administrative regulation and
forward their recommendations to the KERC.
(d) No later than thirty (30) days from
receipt of the recommendation of the Grant Review Committee, the KERC shall
make the supplemental grant award pursuant to this administrative
regulation.
Section
6. Requirements for Funding Accountability.
(1) Funds provided by the KERC shall be
deposited in a separate "(Name of Planning District) Emergency Planning
Committee Fee Account" and fiscal accountability shall be prescribed by the
state auditor of public accounts. All funds shall be subject to audit by the
KERC and the state auditor of public accounts.
(2) Grant awards approved by the KERC may be
withheld for noncompliance with
KRS
39E.050 and this administrative regulation or
for failure to provide required documentation.
(3) All funding allocation decisions shall be
made by the KERC and shall be dependent upon availability of fees
collected.
(4) Unexpended monies
may be carried over into the next grant cycle, if the LEPC has submitted an
LEPC Supplemental Funds Application: KERC Fee Account Grant (KERC Form 505-SPA)
and was approved by the KERC.
(a) Once funds
have been designated for an LEPC Additional Funding Allocation Project, the
LEPC shall not reallocate the funds for alternate purpose.
(b) If an LEPC becomes noncompliant and is
therefore ineligible for funding, the LEPC shall be allowed one (1) grant cycle
in which to regain compliance.
(c)
Failure to regain compliance may result in the KERC requiring that LEPC
Supplemental Funding be returned to the KERC Fee Account Fund.
Section 7. Public
(Legal) Notice Advertisement Template.
(1)
LEPCs shall use the template established in this section to comply with EPCRA,
42 U.S.C.
1101 through
11050,
and annual requirements established in Section 324, Title III of the 1986
Federal Superfund Amendments and Reauthorization Act (SARA) of 1986,
42
U.S.C. 11001 et seq.
Section
8. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Grant Ledger (KERC Form:
105-GL)", January 2017;
(b)
"Responsibilities of the LEPC: Course Manual (KERC Document 715-RL),
2018";
(c) "LEPC Annual
Certification Letter (ACL) (KERC Form 302-ACL)", January 2017;
(d) "LEPC Detailed Budget (KERC Form:
102-DB)", January 2017;
(e) "LEPC
Grant Application (KERC Form: 101-GA)", January 2017;
(f) "LEPC Membership Cover Page (KERC Form
104-MCP)", January 2017;
(g)
"Personal Property Inventory (KERC Form: 103-PPI)", January 2017;
(h) "KERC Document Library (KERC Document:
001-LIB)", 2016;
(i) "LEPC - EHS
Facility Emergency Response Plan Checklist", 2015; and
(j) "LEPC Supplemental Funds Application:
KERC Fee Account Grant (KERC Form 505-SPA)", January 2019.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Kentucky Department of
Military Affairs, 100 Minuteman Parkway, Frankfort, Kentucky 40601-6168, Monday
through Friday, 8:00 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
39E.040,
39E.050