No. 43418 (Amendment): Rule R698-5. State Hazardous Chemical Emergency Response Commission Advisory Committee

(Amendment)

DAR File No.: 43418
Filed: 11/28/2018 03:48:42 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to add members to the State Hazardous Chemical Emergency Response Commission (SERC) Advisory Committee, update the term limits of the elected chair and vice-chair, and include term limit of the past chair. In addition, some changes are made to clarify the name of the advisory committee.

Summary of the rule or change:

The Advisory Committee voted to add a member of the Utah Highway Patrol (UHP) and a member of the Utah Department of Transportation (UDOT), and to modify the structure of term limits of chair, vice-chair, and past chair. The definition under Subsection R698-5-3(1) has been removed due to the fact that it was a duplication. The definition under Subsection R698-5-3(4) in the revised draft is accurate. In addition, the areas of the rule that included the term "Advisory Committee" have been changed to "SERC Advisory Committee" for consistency.

Statutory or constitutional authorization for this rule:

• Section 53-2a-702

Anticipated cost or savings to:

the state budget:

The state budget will be affected with a direct fiscal benefit as this is the party that will be affected by the addition of the proposed personnel, as well as the continuity of board members term limits. The benefit comes from savings from reducing annual costs of training new board members in their new responsibilities and hazardous materials. A direct fiscal cost has the potential to occur due to the persons representing the UHP and UDOT, as they commit their time to participating on the SERC Advisory Committee. The direct cost would estimate to be $800 annually for UHP and UDOT. However, this cost is already been budgeted by each agency within the individual's salary and benefits.

local governments:

Local governments could potentially experience an indirect fiscal cost due to attendance requirements of the urban and rural representatives from local governments. Specifically, the cost would be their time and travel expenses, estimated to be approximately $420 annually. A direct fiscal cost has the potential to occur due to the persons representing urban and rural communities, as they commit their time to participating on the SERC Advisory Committee. However, this cost is already been budgeted by each agency within the individual's salary and benefits.

small businesses:

Small businesses would experience an indirect fiscal benefit, as they will receive further guidance and support with no fiscal cost from their Local Emergency Planning Committee (LEPC) which is overseen by SERC. The SERC Advisory Committee meetings are open meetings and by adding these subject matter experts on the board, small businesses may come and discuss their concerns relating to hazardous materials. Many times there are questions that directly involve the UHP and UDOT. In the past, those questions have not been able to be answered, therefore creating additional costs of having small business owners having to seek additional support or advice through additional meetings and forums.

persons other than small businesses, businesses, or local governmental entities:

Through increasing subject matter experts on the SERC Advisory Committee, persons other than small businesses, businesses, or local government entities would receive an indirect fiscal benefit. The SERC Advisory Committee establishes policy and implementation on hazardous materials reporting and storing, and community involvement. The policy is implemented on the local community level, where all citizens can be informed and educated on hazardous materials within their community. The indirect benefit cannot be calculated because the data is unavailable and the costs to determine this information would be too expensive.

Compliance costs for affected persons:

There are no costs for compliance for any group affected.

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

Due to the increased involvement and input from subject matter experts that will be represented from the UHP and the UDOT, non-small businesses will receive an indirect fiscal benefit. The benefit will come from having a more comprehensive guidance from the State Hazardous Chemical Emergency Response Commission, therefore increasing community safety and awareness. Additionally, adding a term year to the position of past-chair, will provide an indirect fiscal benefit, due to increased continuity of the SERC Advisory Committee and its mission. The benefit cannot be calculated because the data to calculate this information is not available and would be expensive to determine. The head of the Department of Public Safety, Jess Anderson, has reviewed and approved this fiscal analysis.

Jess L. Anderson, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Tara Behunin at the above address, by phone at 801-538-3426, by FAX at 801-538-3770, or by Internet E-mail at [e-mail]
• Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, 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:

01/16/2019

This rule may become effective on:

01/23/2019

Authorized by:

Jess Anderson, Commissioner

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

State Government

$800

$800

$800

Local Government

$420

$420

$420

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$1,220

$1,220

$1,220

Fiscal Benefits

State Government

$1,600

$1,600

$1,600

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$1,600

$0

$0

Net Fiscal Benefits:

$380

$380

$380

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

Due to the increased involvement and input from subject matter experts that will be represented from the Utah Highway Patrol and the Utah Department of Transportation, non-small businesses will receive an indirect fiscal benefit. The benefit will come from having a more comprehensive guidance from the State Hazardous Chemical Emergency Response Commission (SERC), therefore increasing community safety and awareness. Additionally, adding a term year to the position of past-chair, will provide an indirect fiscal benefit, due to increased continuity of the SERC Advisory and its mission. The benefit cannot be calculated because the data to calculate this information, is not available and would be expensive to determine.

 

The head of department of Public Safety, Jess Anderson, has reviewed and approved this fiscal analysis.

 

 

R698. Public Safety, Administration.

R698-5. State Hazardous Chemical Emergency Response Commission Advisory Committee.

R698-5-1. Purpose.

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).

 

R698-5-3. Definitions.

[(1) "Advisory Committee" means State Emergency Response Commission Advisory Committee.

(2)](1) "EPCRA" means Emergency Planning and Community Right-to-Know Act of 1986.

[(3)](2) "LEPC" means Local Emergency Planning Committee.

[(4)](3) "SERC" means State Hazardous Chemical Emergency Response Commission.

[(5)](4) "SERC Advisory Committee" means State Hazardous Chemical Emergency Response Commission Advisory Committee.

[(6)](5) "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.

 

R698-5-4. State Hazardous Chemical Emergency Response Commission Advisory Committee.

(1) There is created by the Department of Public Safety, the State Hazardous Chemical Emergency Response Commission Advisory Committee.

(2) The SERC 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) hazardous materials emergency response planning efforts; and,

(g) the review of the State Emergency Operations Plan, Emergency Support Function 10 -- Hazardous Materials Annex.

(3) The SERC Advisory Committee's members shall be appointed by the SERC, shall serve four year terms, and shall consist of the following members:

(a) A member representing the hazardous chemical transportation industry.

(b) Two members representing fixed site regulated industries.

(c) A member representing the environmental cleanup contractors.

(d) A member representing the local health departments.

(e) A member representing the urban LEPC.

(f) A member representing the rural LEPC.

(g) A member representing the Hazardous Materials Advisory Council.

(h) A member representing established environmental interest groups.

(i) A member representing the Utah National Guard.

(j) A member representing the Utah Highway Patrol.

(k) A member representing the Utah Department of Transportation.

(l) Two members from the general public.

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

(5)(a) The SERC 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)](b) Elections for chair and vice chair shall occur every two years at the meeting conducted in the [first]fourth quarter of [each]the calendar year.

[(d) If voted upon by the Advisory Committee, the vice chair will become the chair the next succeeding calendar year.]

(c) The chair and vice chair shall serve a two year term beginning in January following the election.

(d) The past chair shall continue to serve on the SERC Advisory Committee for a two year term.

(6) If a[n] SERC 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.

(7) A member of the SERC 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

(b) have another SERC Advisory Committee member vote by proxy, if submitted and approved by the chair prior to the meeting.

(8)(a) The chair or vice chair of the SERC Advisory Committee shall report to the SERC the activities of the SERC Advisory Committee at regularly scheduled SERC meetings; or

(b) a member of the SERC Advisory Committee may report to the SERC the activities of the SERC Advisory Committee in the absence of the Chair or Vice Chair.

(9) The SERC Advisory Committee shall:

(a) consider all subjects presented to them;

(b) consider subjects assigned to them by the SERC; and

(c) report their recommendations to the SERC at scheduled SERC meetings.

(10) One-half of the members of the SERC Advisory Committee shall be reappointed or replaced by the SERC every two years.

(11) When a vacancy occurs in the SERC Advisory Committee, a replacement shall be appointed by the SERC to complete the remainder of the term.

 

R698-5-5. Local Emergency Planning Committee.

(1) The creation, modification or dissolution of an LEPC shall be approved by the SERC.

(2) A jurisdiction requesting the formation of an LEPC shall provide the following information to the SERC Advisory Committee:

(a) a plan for coordinating the proposed additional LEPC with the county LEPC and/or any other city formed LEPC in that county.

(b) 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

(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) An LEPC wishing to dissolve shall submit the following to the SERC Advisory Committee:

(a) reasons why the dissolution is in the best interest of the public served by the LEPC;

(b) a formal agreement with another LEPC addressing:

(i) the assumption of LEPC duties identified in 42 U.S.C. Chapter 116;

(ii) the transfer of remaining LEPC operational funds; and

(iii) the assumption of outstanding LEPC financial obligations; and

(c) 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.

(5) The SERC Advisory Committee shall evaluate information submitted in accordance with Subsections R698-5-4(2) through R698-5-4(4) and shall make a recommendation to the SERC concerning LEPC creation, modification or dissolution.

(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.

(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.

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

(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.

 

R698-5-6. Adjudicative Proceedings.

(1) All adjudicative proceedings performed by the SERC shall proceed informally as authorized by Sections 63G-4-201 through 63G-4-203.

(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.

[(4)](3) 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)](4) 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 Section 63G-4-203.

[(6)](5) Reconsideration of the SERC decision may be requested in writing within 20 days of the date of the decision pursuant to Section 63G-4-302.

[(7)](6) Judicial review of all final SERC actions resulting from informal adjudicative proceedings shall be conducted pursuant to Section 63G-4-402.

 

KEY: state emergency response commission, hazardous materials, SERC

Date of Enactment or Last Substantive Amendment: [December 6, 2016]2019

Notice of Continuation: August 14, 2014

Authorizing, and Implemented or Interpreted Law: 53-2a-702

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