Right to Know

 Community Right to Know

 EOC Ops

 

Any person may request of the NKEPC information collected and plans prepared under EPCRA Sections 302-303, 311-312.  This includes:

  • Hazardous Chemical list,
  • Tier2 inventory form,
  • Toxic Chemical Release Forms
  • Written Follow-up Emergency Notifications

These documents will be made available to the general public, consistent with EPCRA section 322, during normal working hours at the following location (insert NKEPC office address).

Please note: Upon request by an owner or operator of a facility subject to the requirements of section 312, NKEPC shall withhold from disclosure under this section the location of any specific chemical on a Tier2 inventory form.  Facilities may also withhold from reports and planning the specific identity of a chemical regulated under EPCRA as a trade secret.  To do so facilities must first submit a trade secret claim with substantiation that is upheld by the USEPA.

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With respect to MSDSs, facilities are permitted to submit a list of chemicals rather than submitting each individual MSDS.  If NKEPC does not have the requested MSDS, they will request the MSDS from the facility and then make the MSDS available to the person.  If the facility submits a list of chemicals it must include each of the following:

  • A list of the hazardous chemicals grouped in categories of health and physical hazards as set forth under the OSHA Act.
  • The chemical name or the common name of each such chemical as provided on the MSDS.
  • Any hazardous component of each such chemical as provided on the MSDS.

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With respect to Tier II reports and their availability to the public, any person may request NKEPC for tier II information relating to the preceding calendar year with respect to a facility. Any such request shall be in writing and shall be with respect to a specific facility.  The NKEPC will respond to a request for tier II information within 45 days of the request.

Any tier II information which NKEPC has in its possession shall be made available to a person making a request under this paragraph in accordance with EPCRA section 324.  If NKEPC does not have the tier II information in its possession they shall request the facility for tier II information with respect to a hazardous chemical which a facility has stored in an amount in excess of 10,000 pounds present at the facility at any time during the preceding calendar year and make such information available to the person making the request.

Discretionary: In the case of tier II information which is not in the possession of NKEPC and which is with respect to a hazardous chemical which a facility has stored in an amount less than 10,000 pounds, a request from a person must include the general need for the information. NKEPC may request the facility for the tier II information on behalf of the person making the request. Upon receipt of any information requested on behalf of such person, NKEPC shall make the information available to the person.

EPCRA Section 312 is echoed in KRS 39E.230 which states that reports to the SERC or LEPC shall be available to the public upon request in accordance with the provisions of KRS relating to open records, if this information is not protected from release to the general public as a trade secret under federal law.  Reasonable fees may be charged for reproduction of these reports.

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In accordance with Kentucky Open Records law the minutes of action taken at every NKEPC meeting will be open to public inspection no later than immediately following their next meeting.

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Records Availability To Public:

Any person may request of the NKEPC, Tier II Reports, Materials Safety Data Sheets (MSDS), facility response plans, with respect to a specific facility, minutes of meetings or membership roster. Any such request shall be in writing and shall be with respect to a specific facility.

Public Access is granted for information contained in Tier II Forms and Title III Plans (Facility Response Plans). However, EPCRA Subtitle C: General Provisions (Sections 321-330) provides for confidentially for trade names and the site specific location of chemicals.

Any Tier II information which NKEPC has in its possession shall be made available to a person making a request under this paragraph in accordance with EPCRA section 324. If the NKEPC does not have the tier II information in its possession, upon a request for Tier II information the NKEPC shall request the facility for Tier II information with respect to a hazardous chemical which a facility has stored in an amount in excess of 10,000 pounds present at the facility at any time during the preceding calendar year and make such information available to the person making the request.

Discretionary: In the case of Tier II information which is not in the possession of the NKEPC and which is with respect to a hazardous chemical which a facility has stored in an amount less than 10,000 pounds, a request from a person must include the general need for the information. The NKEPC may request the facility for the Tier II information on behalf of the person making the request. Upon receipt of any information requested on behalf of such person, the NKEPC shall make the information available to the person.

The NKEPC shall respond to a request for Tier II information within 45 days of the request.

Section 312 is echoed in KRS 39E.230, Reports to the NKEPC shall be available to the public upon request in accordance with the provisions of KRS relating to open records, if this information is not protected from release to the general public as a trade secret under federal law.