DAR File No. 40834
This rule was published in the October 15, 2016, issue (Vol. 2016, No. 20) of the Utah State Bulletin.
Public Safety, Administration
Rule R698-5
Hazardous Chemical Emergency Response Commission
Notice of Proposed Rule
(Amendment)
DAR File No.: 40834
Filed: 09/28/2016 10:34:03 AM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The purpose of this amendment is to clarify the information that the Utah Department of Public Safety (DPS), Division of Emergency Management (DEM) needs from each Local Emergency Planning Committee (LEPC). Currently, the rule requires the information be reported to DEM, as well as the Utah Department of Environmental Quality (DEQ). Additionally, the amendment will outline the exact information that is needed, therefore, streamlining the information that is received by the individual LEPC's, as well as those submitting Tier II reports. In addition, formatting changes are made to the rule.
Summary of the rule or change:
The proposed amendment will streamline the information that is required of each LEPC. The amendment would allow all LEPC information to be collected and submitted to DEM rather than DEQ, Department of Public Safety (DPS), and DEM. In addition, Tier II reports are required to be submitted through an online portal, which eliminates the need for DEQ to have a list of all 20 members of a LEPC. These changes will not affect the state of Utah's compliance with Emergency Planning and Community Right-to-Know Act (EPCRA), as well as Title 3 of the Superfund Amendments and Reauthorization Act (SARA). A definition is added to define Tier II chemical inventory report. The information previously numbered as Subsections R698-5-3(3.10) through (3-12-1) has been removed from the rule because it is located in Subsection 53-2a-702(1)(b). The section previously numbered as Subsection R968-5-4(4.4) has been renumbered to Subsection R698-5-5(3) because it was out of place in the original rule. The information was previously inserted between two sections that address dissolution of an LEPC.
Statutory or constitutional authorization for this rule:
- Section 53-2a-702
Anticipated cost or savings to:
the state budget:
The purpose of the State Emergency Response Commission (SERC) and LEPCs are to meet the unfunded mandates of EPCRA and SARA, Title 3. There is no budget, federal or state, allocated to carry out these federal mandates. Therefore, there would be no aggregate anticipated cost or savings to the state budget nor would there be any increased costs.
local governments:
LEPCs are comprised of local governments and private sector volunteers to coordinate emergency response plans and compliance with EPCRA and SARA, Title 3. However, there is no budget attached to these committees, but the changes in the rule would save time and effort on the local government party by reducing the amount of information they have to provide to the SERC.
small businesses:
As the private sector comprises part of the LEPCs, this would reduce the burden placed upon small businesses through a streamlined reporting process. This could create a slight savings through reduced work time spent on reporting; however, the exact amount cannot be determined as the savings will vary from business to business and are likely to be nonsubstantial, if any.
persons other than small businesses, businesses, or local governmental entities:
The proposed amendment would not affect the general public nor would the changes increase the costs of tax payer dollars. The amendment would streamline the reporting process, which would facilitate quicker response times for a HazMat spill or chemical release.
Compliance costs for affected persons:
There would be no compliance costs associated with implementation and compliance of this amendment. Either to state or local government or the private sector and the general public at large.
Comments by the department head on the fiscal impact the rule may have on businesses:
I have reviewed the rule and find that the proposed changes will not have a negative fiscal impact on businesses. It is anticipated that the changes will result in an improvement in the reporting process, which could potentially result in a cost savings to businesses.
Keith D. Squires, Commissioner
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:
Public SafetyAdministration
CALVIN L RAMPTON COMPLEX
4501 S 2700 W 1ST FLR
SALT LAKE CITY, UT 84119-5994
Direct questions regarding this rule to:
- Tara Behunin at the above address, by phone at 801-538-3426, by FAX at 801-538-3770, or by Internet E-mail at [email protected]
- Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at [email protected]
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
11/14/2016
This rule may become effective on:
11/21/2016
Authorized by:
Keith Squires, Commissioner
RULE TEXT
R698. Public Safety, Administration.
R698-5. Hazardous Chemical Emergency Response Commission.
R698-5-1. [Adoption, Title, Purpose, and Prohibitions]Purpose.
[Pursuant to Section 63K-3-301(2), Utah Code Annotated 1953,
the Department of Public Safety adopts minimum rules
establishing ]This rule provides the procedures for establishing a state
hazardous chemical emergency response commission advisory
committee, the creation, modification or dissolving of local
emergency planning committees, and supervising the overall planning
and direction of the local emergency planning committees.
R698-5-2. Authority.
This rule is required by Subsection 53-2a-702(2).
R698-5-[2]3
. Definitions.
[2.1](1) "Advisory Committee" means State Emergency
Response Commission Advisory Committee.
[2.2](2) "EPCRA" means Emergency Planning and Community
Right-to-Know Act of 1986.
[2.3](3) "LEPC" means Local Emergency Planning
Committee.
[2.4](4) "SERC" means State Hazardous Chemical
Emergency Response Commission.
[2.5](5) "SERC Advisory Committee" means State
Hazardous Chemical Emergency Response Commission Advisory
Committee.
[2.6 "USC" means United States Code.]
(6) "Tier II chemical inventory report" means a report required to be submitted to the LEPC under Section 312 of the Emergency Planning and Community Right-to-Know Act, which was enacted as Title III of the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499, 42 U.S.C. Section 11022.
R698-5-[3]4
. State Emergency Response Commission Advisory Committee.
[3.1](1) There is created by the Department of Public Safety, the
State Hazardous Chemical Emergency Response Commission Advisory
Committee[, whose].
(2) The Advisory Committee's duties are to provide direction to the SERC in the following matters:
(a) the creation, modification or dissolving of local emergency planning committees;
(b) methods and procedures to improve the effectiveness of the LEPC;
(c) the review of LEPC hazardous materials emergency response plans;
(d) the development of procedures for collection, processing, use and public access to information submitted as required by EPCRA;
(e) procedures for the distribution of funding to each LEPC obtained through the US Department of Transportation Hazardous Materials Emergency Preparedness Grant;
(f) [assist in stated ]hazardous materials emergency
response planning efforts; and,
(g) the review of the [Statewide Hazardous Materials Plan (ESF10)]State Emergency Operations Plan, Emergency Support Function 10
-- Hazardous Materials Annex.
[3.2](3) The Advisory Committee's members shall be appointed
by the SERC, shall serve four year terms, and shall consist of the
following members:
[3.2.1](a) A member representing the hazardous chemical
transportation industry.
[3.2.2](b) Two members representing fixed site regulated
industries.
[3.2.3](c) A member representing the environmental cleanup
contractors.
[3.2.4](d) A member representing the local health departments.
[3.2.5](e) A member representing the urban LEPC.
[3.2.6](f) A member representing the rural LEPC.
[3.2.7](g) A member representing the Hazardous Materials Advisory
Council.
[3.2.8](h) A member representing established environmental interest
groups.
[3.2.9](i) A member representing the Utah National Guard.
[3.2.10](j) Two members from the general public.
[3.3](4) The Advisory Committee shall meet quarterly or as
directed, and a majority of the members shall be present to
constitute a quorum.
[3.4](5)(a) The Advisory Committee shall select one of its
members to act in the position of chair, and another member to act
as vice chair.
(b) The chair and vice chair shall serve one year terms on a calendar year basis.
(c) Elections for chair and vice chair shall occur at the meeting conducted in the first quarter of each calendar year.
(d) If voted upon by the Advisory Committee, the vice chair will become the chair the next succeeding calendar year.
[3.5](6) If an Advisory Committee member has two or more
unexcused absences during a 12 month period, from regularly
scheduled meetings, it is considered grounds for dismissal pending
review by the SERC.
[3.6](7) A member of the Advisory Committee that cannot be in
attendance[,] may
:
(a) have a representative of their respective organization
attend and vote by proxy for that member
; or[the member may]
(b) have another Advisory Committee member vote by proxy, if submitted and approved by the chair prior to the meeting.
[3.7](8)(a) The [C]chair or [V]vice [C]chair of the Advisory Committee shall report to the SERC the
activities of the Advisory Committee at regularly scheduled SERC
meetings[.]; or
(b) [A]a member of the Advisory Committee may report to the SERC
the activities of the Advisory Committee in the absence of the
Chair or Vice Chair.
[3.8](9) The Advisory Committee shall
:
(a) consider all subjects presented to them[,];
(b) consider subjects assigned to them by the SERC[,]; and
(c) [shall ]report their recommendations to the SERC at
scheduled SERC meetings.
[3.9](10) One-half of the members of the Advisory Committee shall
be reappointed or replaced by the SERC every two years.
(11) When a vacancy occurs in the Advisory Committee, a replacement shall be appointed by the SERC to complete the remainder of the term.
[3.10 Members who are not government employees shall receive
no compensation or benefits for their services, but may receive per
diem and expenses incurred in the performance of the member's
official duties at the rates established by the Division of Finance
under Sections 63A-3-106 and 63A-3-107.
3.10.1 Members may decline to receive per diem and
expenses for their service.
3.11 State government officer and employee members who do
not receive salary, per diem, or expenses from their agency for
their service may receive per diem and expenses incurred in the
performance of their official duties from the board at the rates
established by the Division of Finance under Sections 63A-3-106
and 63A-3-107.
3.11.1 State government officer and employee members may
decline to receive per diem and expenses for their
service.
3.12 Local government members who do not receive salary,
per diem, or expenses from the entity that they represent for
their service may receive per diem and expenses incurred in the
performance of their official duties at the rates established by
the Division of Finance under Sections 63A-3-106 and
63A-3-107.
3.12.1 Local government members may decline to receive per
diem and expenses for their service.]
R698-5-[4]5
. Local Emergency Planning Committee.
[4.1](1) The creation, modification or dissolution of an LEPC
shall be approved by the SERC.
[4.2](2) A jurisdiction requesting the formation of an LEPC shall
provide the following information to the SERC Advisory
Committee:
[4.2.1](a) [A]a plan for coordinating the proposed additional LEPC with
the county LEPC and/or any other city formed LEPC in that
county.
[4.2.2](b) [A]an assessment of the jurisdiction's population and
hazardous materials risk, to include but not limited to fixed
facilities, rail, highways, and hazardous material pipelines[.]; and
[4.2.3](c) A determination of how that agency, if allowed to form
an LEPC, would meet all federal LEPC standards as identified in 42
USC Chapter 116.
(3) By July 1 of each year LEPCs shall submit the following information to the Utah Department of Public Safety, Division of Emergency Management, contact information for the LEPC:
(a) chair;
(b) co-chairs;
(c) vice-chairs; and
(d) members employed by a local government organization designated to receive tier II chemical inventory reports.
[4.3](4) An LEPC wishing to dissolve shall submit the following
to the SERC Advisory Committee:
[4.3.1](a) [R]reasons why the dissolution is in the best interest of the
public served by the LEPC[,];
[4.3.2](b) [A]a formal agreement with another LEPC addressing:
[4.3.2.1](i) [T]the assumption of LEPC duties identified in 42 U
.S
.C
. Chapter 116[,];
[4.3.2.2](ii) [T]the transfer of remaining LEPC operational funds[,]; and
[4.3.2.3]
(iii) [T]
the assumption of outstanding LEPC financial obligations[,]; and
[4.3.3](c) [A]a plan to notify facilities located within the jurisdiction
of the dissolving LEPC who submitted chemical inventory or chemical
emergency planning information to the LEPC within the previous
year, providing notice of the LEPC dissolution and providing the
name and mailing address of the LEPC assuming the dissolving LEPC
duties.
[4.4 By July 1 of each year LEPCs shall submit to the SERC
Advisory Committee: a current list of voting members, the group or
organization represented by each voting member, a designation of
and contact information for the LEPC chair, or co-chairs, and
vice-chairs.]
[4.5](5) The SERC Advisory Committee shall evaluate information
submitted in accordance with [Sections 4.2, 4.3 or 4.4 of these rules]Subsections R698-5-4(2) through R698-5-4(4) and shall make a
recommendation to the SERC concerning LEPC creation, modification
or dissolution.
[4.6 The SERC shall include the recommendation of the SERC
Advisory Committee, all information submitted to the SERC Advisory
Committee, and comments of directly affected LEPCs, in its decision
to approve or disapprove the formation, modification or dissolution
of an LEPC.]
(6) The SERC shall consider the following in its decision to approve or disapprove the formation, modification or dissolution of an LEPC:
(a) the recommendation of the SERC Advisory Committee;
(b) all information submitted to the SERC Advisory Committee; and
(c) the comments of directly affected LEPCs.
[4.7](7) The LEPC shall coordinate its overall planning and
direction with the SERC.
(i) The SERC shall supervise the overall planning and direction of the LEPC.
[4.8](8) The LEPC shall submit a copy of their hazardous
materials emergency response plan to the SERC for review.
[4.9](9) The SERC shall approve the amount of US Department of
Transportation Hazardous Materials Emergency Preparedness Grant
funding to be given to each LEPC and shall establish criteria for
that funding to be awarded.
R698-5-[5]6
. Adjudicative Proceedings.
[5.1](1) All adjudicative proceedings performed by the SERC shall
proceed informally as authorized by [UCA, ]Sections 63G-4-[202]201 [and]through 63G-4-203.
[5.2](2) An agency whose request to create, modify or dissolve an
LEPC is denied by the SERC shall have an opportunity for a hearing
before the SERC if requested by that agency within 20 days after
receiving notice.
[5.3 All adjudicative proceedings, other than criminal
prosecution taken by the SERC, shall commence in accordance with
UCA, Section 63G-4-201.]
[5.4](4) The SERC shall act as the hearing authority, and shall
convene after timely notice to all parties involved.
(a) The members of the SERC acting as the hearing authority shall consist of :
(i) the Commissioner of the Department of Public Safety ; and
(ii) the Executive Director of the Department of Environmental Quality.
(b) The SERC shall also be joined when acting as the hearing authority by a representative from the Attorney General's Office.
[5.5](5) After acting as the hearing authority, the SERC shall
direct the secretary to issue a signed order to the agency involved
giving the decision of the SERC within a reasonable time of the
hearing pursuant to [UCA, ]Section 63G-4-203.
[5.6](6) Reconsideration of the SERC decision may be requested in
writing within 20 days of the date of the decision pursuant to [UCA, ]Section 63G-4-302.
[5.7](7) Judicial review of all final SERC actions resulting from
informal adjudicative proceedings shall be conducted pursuant to [UCA, ]Section 63G-4-402.
KEY: state emergency response commission
Date of Enactment or Last Substantive Amendment: [November 21, 2011]2016
Notice of Continuation: August 14, 2014
Authorizing, and Implemented or Interpreted Law: [63K-3-301]53-2a-702
Additional Information
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2016/b20161015.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Tara Behunin at the above address, by phone at 801-538-3426, by FAX at 801-538-3770, or by Internet E-mail at [email protected]; Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at [email protected]. For questions about the rulemaking process, please contact the Office of Administrative Rules.