No. 32741 (New Rule): R698-5. Hazardous Chemical Emergency Response Commission

DAR File No.: 32741
Filed: 06/22/2009, 02:22
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

On 06/08/2009, the State Hazardous Chemical Emergency Response Commission met in a regularly scheduled meeting and voted unanimously to create a new set of administrative rules with regard to creating a State Emergency Response Commission Advisory Committee and to provide some oversight to the Local Emergency Planning Committees (LEPC).

Summary of the rule or change:

The creation of the new administrative rule can be summarized as follows: 1) in Section R698-5-1, the Commission proposes to establish the preamble to the rule and establish the authorization and intent of the rule; 2) in Section R698-5-2, the Commission proposes that definitions be created to provide meaning to certain words or phrases used in the rule; 3) in Section R698-5-3, the Commission proposes to create a ten-member State Emergency Response Commission Advisory Committee that would assist the Commission in several aspects of the needs of local LEPCs. This rule section also creates procedures for the advisory committee to meet, election of chair and vice chair, terms in office, and numbers of meetings to be held; and 4) in Section R698-5-4, the Commission proposes to provide oversight to the creation, modification or dissolving of LEPCs, coordinate overall planning and direction with the LEPCs, review the LEPCs hazardous materials response plans, and approve the amount of grant funding to be given to the LEPCs.

State statutory or constitutional authorization for this rule:

Section 63K-3-301

Anticipated cost or savings to:

the state budget:

There could be an aggregate anticipated cost to the state budget of approximately $5,000 to place the newly created administrative rule into effect. That aggregate cost would be to provide travel and mileage for members of the Advisory Committee traveling to the meetings and the cost for staff to attend the meetings and complete the assignments generated from the Commission and the Advisory Committee.

local governments:

There could be an aggregate anticipated cost to local government of approximately $3,000 to allow members of local government to participate as members of the Emergency Response Commission Advisory Committee and the cost of providing travel and the cost of their time and wages to participate.

small businesses and persons other than businesses:

There could be an anticipated cost to small businesses of approximately $4,000 if some members of small businesses were appointed to the advisory committee. This would be in time given to meet as a member of the advisory committee and as a member of small business.

Compliance costs for affected persons:

The compliance costs for the enactment of this newly created administrative rule would be borne by those agencies and businesses that allow their employees to participate as members of the advisory committee. The decision to participate is voluntary and decided by the agency or business to allow their employees to be members of the advisory committee.

Comments by the department head on the fiscal impact the rule may have on businesses:

Any fiscal impact would be to businesses that volunteer their services to be members of the State Emergency Response Commission Advisory Committee. This would be by their decision to serve on the committee and would not be mandated in any way. D. Lance Davenport, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Administration
CALVIN L RAMPTON COMPLEX
4501 S 2700 W 1ST FLR
SALT LAKE CITY UT 84119-5994

Direct questions regarding this rule to:

Brent Halladay at the above address, by phone at 801-284-6352, by FAX at 801-284-6351, or by Internet E-mail at [e-mail]

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:

08/14/2009

This rule may become effective on:

08/21/2009

Authorized by:

Lance Davenport, Commissioner

RULE TEXT

R698. Public Safety, Administration.

R698-5. Hazardous Chemical Emergency Response Commission.

R698-5-1. Adoption, Title, Purpose, and Prohibitions.

Pursuant to Section 63K-3-301(2), Utah Code Annotated 1953, the Department of Public Safety adopts minimum rules 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. Definitions.

2.1 "Advisory Committee" means State Emergency Response Commission Advisory Committee.

2.2 "EPCRA" means Emergency Planning and Community Right-to-Know Act of 1986.

2.3 "LEPC" means Local Emergency Planning Committee.

2.4 "SERC" means State Hazardous Chemical Emergency Response Commission.

 

R698-5-3. State Emergency Response Commission Advisory Committee.

3.1 There is created by the Department of Public Safety, the State Hazardous Chemical Emergency Response Commission Advisory Committee, whose duties are to provide direction to the SERC in the following matters: the creation, modification or dissolving of local emergency planning committees; methods and procedures to improve the effectiveness of the LEPC; the review of LEPC hazardous materials emergency response plans; the development of procedures for collection, processing, use and public access to information submitted as required by EPCRA; procedures for the distribution of funding to each LEPC obtained through the US Department of Transportation Hazardous Materials Emergency Preparedness Grant; and assist in stated hazardous materials emergency response planning efforts.

3.2 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 member representing the hazardous chemical transportation industry.

3.2.2 Two members representing fixed site regulated industries.

3.2.3 A member representing the environmental cleanup contractors.

3.2.4 A member representing the local health departments.

3.2.5 A member representing the urban LEPC.

3.2.6 A member representing the rural LEPC.

3.2.7 A member representing the Hazardous Materials Advisory Council.

3.2.8 A member representing established environmental interest groups.

3.2.9 Two members from the general public.

3.3 The Advisory Committee shall meet quarterly or as directed, and a majority of the members shall be present to constitute a quorum.

3.4 The Advisory Committee shall select one of its members to act in the position of chair, and another member to act as vice chair. The chair and vice chair shall serve one year terms on a calendar year basis. Elections for chair and vice chair shall occur at the meeting conducted in the first quarter of each calendar year. If voted upon by the Advisory Committee, the vice chair will become the chair the next succeeding calendar year.

3.5 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 A member of the Advisory Committee that cannot be in attendance, may have a representative of their respective organization attend and vote by proxy for that member or the member may have another Advisory Committee member vote by proxy, if submitted and approved by the chair prior to the meeting.

3.7 The Chair or Vice Chair of the Advisory Committee shall report to the SERC the activities of the Advisory Committee at regularly scheduled SERC meetings. 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 The Advisory Committee shall consider all subjects presented to them, subjects assigned to them by the SERC, and shall report their recommendations to the SERC at scheduled SERC meetings.

3.9 One-half of the members of the Advisory Committee shall be reappointed or replaced by the SERC every two years. 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. Local Emergency Planning Committee.

4.1 The creation, modification or dissolving of an LEPC shall be approved by the SERC.

4.2 The LEPC shall coordinate its overall planning and direction with the SERC. The SERC shall supervise the overall planning and direction of the LEPC.

4.3 The LEPC shall submit a copy of their hazardous materials emergency response plan to the SERC for review.

4.4 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.

 

KEY: state emergency response commission

Date of Enactment or Last Substantive Amendment: August 21, 2009

Authorizing, and Implemented or Interpreted Law: 63K-3-301