WSR 98-07-028
PERMANENT RULES
MILITARY DEPARTMENT
(Emergency Management Division)
[Filed March 11, 1998, 9:40 a.m.]
Date of Adoption: March 2, 1998
Purpose: The purpose of this revision is to bring chapter 118-40 WAC into compliance with chapter 38.52 RCW and accurately reflect the interagency restructuring between the Military Department, Department of Ecology and the Washington State Patrol
Citation of Existing Rules Affected by this Order: Amending chapter 118-40 WAC
Statutory Authority for Adoption: Chapter 38.52 RCW
Other Authority: Public Law 99-499
Adopted under notice filed as WSR 97-23-066 on November 19, 1998
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 14, repealed 0; or Recently Enacted State Statutes: New 0, amended 9, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 10, repealed 3.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 9, repealed 3.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 14, repealed 3.
Effective Date of Rule: Thirty-one days after filing.
March 2, 1998
Gregory P. Barlow
Major General
The Adjutant General
OTS-1770.2
AMENDATORY SECTION (Amending Order 88-05, filed 9/12/88)
WAC 118-40-010 Introduction. On October 17, 1986, the
Superfund Amendments and Reauthorization Act of 1986 (SARA) was
signed into law (P.L. 99-499). One part of the SARA provisions
is Title III: "The Emergency Planning and Community Right-to-Know Act of 1986" hereafter referred to as "EPCRA." ((Title
III)) EPCRA establishes requirements for federal, state, and
local governments, and industry regarding emergency response
planning and community right-to-know on hazardous chemicals.
The emergency planning provisions of ((Title III)) EPCRA
(Sections 301-305) are designed to develop state and local
government hazardous chemical emergency preparedness and response
capabilities through better coordination and planning, especially
at the local level.
Other community right-to-know provisions of ((Title III
(Sections 311, 312, and 313))) EPCRA require the owners and/or
operators of facilities to provide information about the nature,
quantity, and location of reportable chemicals manufactured,
processed, stored, or used at their facility sites. The purpose
of these provisions is to increase public knowledge of the
presence of hazardous chemicals in communities and to better
prepare for potential emergencies.
[Statutory Authority: RCW 38.52.030(2), 38.52.050 (1), (3) and 43.63A.060. 88-19-025 (Order 88-05), § 118-40-010, filed 9/12/88.]
AMENDATORY SECTION (Amending Order 88-05, filed 9/12/88)
WAC 118-40-020 Purpose and scope. It is the purpose of
this chapter to implement the provisions of ((Title III)) EPCRA
in the state of Washington to establish a mechanism for
compliance by state and local governmental agencies and industry
((with the provisions of Title III)). This chapter is
promulgated under the general policy and rule-making authority of
the military department ((of community development)) as
established by RCW 38.52.030(2); 38.52.050 (1) and (3); and
43.63A.060.
Compliance with the requirements of ((Title III)) EPCRA, as
recognized by the United States Environmental Protection Agency,
is regarded as compliance with the provisions of this chapter.
Where federal regulations are duplicated or referred to in this
chapter, ((Title III)) EPCRA citations are provided. This
chapter is not intended to mandate any new compliance
requirements beyond those required by ((Title III)) EPCRA.
[Statutory Authority: RCW 38.52.030(2), 38.52.050 (1), (3) and 43.63A.060. 88-19-025 (Order 88-05), § 118-40-020, filed 9/12/88.]
AMENDATORY SECTION (Amending Order 88-05, filed 9/12/88)
WAC 118-40-030 Definitions. (("SARA" means the Superfund
Amendments and Reauthorization Act of 1986, as amended.
"CERCLA" means the Comprehensive Emergency Response,
Compensation and Liability Act of 1980, as amended.
"Commission" means the emergency response commission for
Washington state.
"Local committee" means the local emergency planning
committee established for each state emergency planning district
established by the commission.
"Title III" means Title III of the Superfund Amendments and
Reauthorization Act of 1986; also titled the Emergency Planning
and Community Right-to-Know Act of 1986, as amended.
"Administrator" means the administrator of the Environmental
Protection Agency (EPA).
"Environment" includes water, air, and land and the
interrelationship which exists among and between water, air, and
land and all living things.
"Extremely hazardous substances" means a substance described
in Section 302 (a)(2) of Title III as now authorized or hereafter
amended.
"Facility" means all buildings, equipment, structures, and
other stationary items which are located on a single site or on
contiguous or adjacent sites and which are owned or operated by
the same person (or by any person which controls, is controlled
by, or under common control with such person). For the purpose
of Section 304, Title III, the term includes motor vehicles,
rolling stock and aircraft, shipping, and pipelines.
"Hazardous chemical" means any chemical which is a physical
hazard or a health hazard as defined by OSHA Hazard Communication
Standard (29 CFR 1910.1200). Exceptions to the definition of
"hazardous chemical" in Title III and in 29 CFR 1910.1200 shall
also apply in this chapter.
"Health hazard" means a chemical for which there is
statistically significant evidence based on at least one study
conducted in accordance with established scientific principles
that acute or chronic health effects may occur in exposed
individuals. The term health hazard includes chemicals which are
carcinogens, toxic or highly toxic agents which act on the
hematopoietic system, and agents which damage the lungs, skin,
eyes, or mucous membrane.
"Physical hazard" means a chemical for which there is
scientifically valid evidence that it is a combustible liquid, a
compressed gas, explosive, flammable, or organic peroxide, an
oxidizer, pyrophoric, unstable (reactive), or water reactive.
"Material Safety Data Sheet (MSDS)" means the sheet required
to be developed under Section 1910.1200(g) of Title 29 CFR, as
that section may be amended from time to time.
"NRT-1 guidebook" means the Hazardous Materials Emergency
Planning Guide published by the National Response Team, March
1987.
"NRT-1 guidelines" means the guidance outlined in the
Hazardous Materials Emergency Planning Guide.
"OSHA" means Occupational Safety and Health Act of 1970.
"Person" means any individual, trust, firm, joint stock
company, corporation (including a government corporation),
partnership, association, state, municipality, commission,
political subdivision of state, or interstate body.
"Release" means any spill, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching,
dumping, or disposing to the environment of any hazardous
chemical, extremely hazardous substance, or toxic chemical.))
"Administrator" means the administrator of the Environmental
Protection Agency (EPA).
"CERCLA" means the Comprehensive Emergency Response, Compensation and Liability Act of 1980, as adopted.
"EMC" means the emergency management council for Washington state. (RCW 38.52.040(1).)
"Environment" includes water, air, and land and the interrelationship which exists among and between water, air, and land and all living things.
"EPCRA" means Emergency Planning and Community Right-to-Know Act of 1986 as adopted, which is synonymous with SARA Title III.
"Extremely hazardous substances" means a substance described in Section 302 (a)(2) of EPCRA as now authorized or hereafter adopted.
"Facility" means all buildings, equipment, structures, and other stationary items which are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person (or by any person which controls, is controlled by, or under common control with such person). For the purpose of Section 304, EPCRA, the term includes motor vehicles, rolling stock and aircraft, shipping, and pipelines.
"First responder" means fire fighters, law enforcement and emergency medical personnel as defined in chapter 296-62 WAC, Part P.
"Hazardous chemical" means any chemical which is a physical hazard or a health hazard as defined by OSHA Hazard Communication Standard (29 CFR 1910.1200). Exceptions to the definition of "hazardous chemical" in EPCRA and in 29 CFR 1910.1200 shall also apply in this chapter.
"Health hazard" means a chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed individuals. The term health hazard includes chemicals which are carcinogens, toxic or highly toxic agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membrane.
"LEPC" means the local emergency planning committee established for each state emergency planning district established by the state emergency response commission (P.L. 99-499).
"Material Safety Data Sheet (MSDS)" means the sheet required to be developed under Section 1910.1200(g) of Title 29 CFR, as that section may be adopted from time to time.
"NRT-1 guidebook" means the Hazardous Materials Emergency Planning Guide published by the National Response Team, March 1987.
"NRT-1A guidelines" means the criteria for review of hazardous materials emergency plans.
"OSHA" means Occupational Safety and Health Act of 1970.
"Person" means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of state, or interstate body.
"Physical hazard" means a chemical for which there is scientifically valid evidence that it is a combustible liquid, a compressed gas, explosive, flammable, or organic peroxide, an oxidizer, pyrophoric, unstable (reactive), or water reactive.
"Release" means any spill, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing to the environment of any hazardous chemical, extremely hazardous substance, or toxic chemical.
"SARA" means the Superfund Amendments and Reauthorization Act of 1986, as adopted.
"SERC" means the state emergency response commission for Washington state. (RCW 38.52.040(2) and P.L. 99-499.)
"TERC" means tribal emergency response commission.
"Title III" means Title III of the Superfund Amendments and Reauthorization Act of 1986; also titled the Emergency Planning and Community Right-to-Know Act of 1986, as amended.
"Toxic chemical" means a substance described in Section
313(c) of ((Title III)) EPCRA, as now authorized or hereafter
((amended)) adopted.
"WISHA" means Washington Industrial Safety and Health Act of 1973.
[Statutory Authority: RCW 38.52.030(2), 38.52.050 (1), (3) and 43.63A.060. 88-19-025 (Order 88-05), § 118-40-030, filed 9/12/88.]
AMENDATORY SECTION (Amending Order 88-05, filed 9/12/88)
WAC 118-40-040 State emergency response commission--Establishment, membership, chairperson. (1) In keeping with the
provisions of Section 301(a) of ((Title III, the governor of
Washington state has established a)) EPCRA the EMC appoints the
state emergency response commission membership composed of a
representative from the following ((members or their designees:
(a) Director of the department of community development.
(b) Director of the department of ecology.
(c) Chief of the Washington state patrol.
(2) The director of the department of community development
shall be the chairperson of the commission.
(3) The assistant director, division of emergency
management, department of community development, shall serve as
alternate chairperson of the commission in the absence of the
chairperson.)) agencies and organizations:
(a) Military department.
(b) Department of ecology.
(c) Washington state patrol.
(d) Department of transportation.
(e) Department of health.
(f) Department of labor and industries.
(g) Local emergency manager.
(h) Washington state association of fire chiefs.
(i) Private industry.
(j) Local emergency planning committee (eastern Washington representative).
(k) Local emergency planning committee (western Washington representative).
(l) Transportation industry.
(2) The chairperson and vice-chairperson for the state emergency response commission members shall be appointed by the emergency management council.
(3) The state emergency response commission shall seek the attendance and active participation of representatives of the following agencies and organizations at all commission meetings:
(a) Tribal Emergency Response Commission(s).
(b) Federal Emergency Management Agency.
(c) Environmental Protection Agency.
(d) U.S. Department of Transportation.
(e) Washington state attorney general.
[Statutory Authority: RCW 38.52.030(2), 38.52.050 (1), (3) and 43.63A.060. 88-19-025 (Order 88-05), § 118-40-040, filed 9/12/88.]
AMENDATORY SECTION (Amending Order 88-05, filed 9/12/88)
WAC 118-40-050 Commission--Purpose, responsibilities. The
purpose of the state emergency response commission is to
coordinate hazardous material issues and carry out the mandate of
((Title III)) EPCRA (P.L. 99-499), as now authorized or hereafter
((amended)) adopted.
The state emergency response commission shall be responsible
for the establishment of a state hazardous materials emergency
preparedness, response, and community right-to-know program as
required by ((Title III)) EPCRA. Specific ((duties))
responsibilities of the commission include, but are not limited
to the following duties:
(1) ((Establishment of a state level hazardous materials
advisory committee.)) Appointment of such ad hoc committees and
working groups as required.
(2) Designation of local emergency planning districts.
(3) ((Appointment of members to local committees established
for each of the local emergency planning districts designated by
the commission.
(4) Reception)) Receive and record initial appointment of
and subsequent revisions to local emergency planning committee
membership.
(4) Review and evaluation of local emergency response plans.
(5) ((Delegation of responsibilities between the department
of ecology, the Washington state patrol, and the department of
community development in)) Administer and coordinate
responsibilities for representative state emergency response
commission members for implementing the ((Title III)) EPCRA
program in Washington state.
(6) Establishment of ((a single address, telephone number
and the)) procedures for the receipt of, management and access to
all notifications, reports, plans and all other information
required by ((Title III)) EPCRA.
(7) Coordination with the Environmental Protection Agency on EPCRA implementation.
[Statutory Authority: RCW 38.52.030(2), 38.52.050 (1), (3) and 43.63A.060. 88-19-025 (Order 88-05), § 118-40-050, filed 9/12/88.]
AMENDATORY SECTION (Amending Order 88-05, filed 9/12/88)
WAC 118-40-060 Military department ((of community
development--Title III))--EPCRA responsibilities. Specific
responsibilities of the military department ((of community
development)) include, but are not limited to, the following
duties:
(1) Receive and record verbal emergency toxic chemical
release reports through the twenty-four-hour duty officer system
and make appropriate notifications. Track and maintain records
of ((events annually)) such notifications.
(2) Develop emergency planning guidance and provide
assistance to ((local committees)) LEPCs in the development of an
emergency response plan for their district. ((Advise and assist
industry in the planning process.))
(3) Coordinate the review of each LEPC emergency plan as it is submitted.
(4) Serve as repository agency for ((the local)) LEPC
emergency response plans.
(5) Set up community ((right-to-know)) EPCRA education and
training program ((to allow citizens to view emergency response
plans, upon request)) addressing mitigation, emergency
preparedness, disaster response, and long-term disaster recovery.
(6) Provide ((staff to commission and hazardous material
advisory committee)) adequate staff support for the state
emergency response commission to develop agendas, prepare
minutes, coordinate meeting places, draft policy letters, and
carry out other support functions as needed.
(7) Prepare and respond to correspondence for signature by the chairperson of the state emergency response commission.
(8) Receive and coordinate the distribution of
correspondence, information, and written reports to offices ((in
the departments of community development and ecology and the
Washington state patrol, and local committees)) of representative
state emergency response commission agencies and organizations,
TERC's and LEPC's, as well as other ((state)) governmental and
nongovernmental agencies when appropriate or as requested.
(9) ((Serve as chairperson of the training subcommittee of
the hazardous materials advisory committee.
(10))) Develop ((and)), apply for and administer training,
exercise, and planning grants, as authorized and provided under
Section 305 of ((Title III)) EPCRA.
(((11))) (10) Provide nonfirst responder training and
maintain ((training)) related records for the state hazardous
materials training, exercise, and planning programs as authorized
and funded through Section 305 of ((Title III)) EPCRA.
(a) Training may be attended by emergency first responders, including fire fighters, law enforcement, environmental, and emergency medical personnel. Other constituencies to be trained include federal, state, and local governmental employees who may directly or indirectly involve themselves in a hazardous materials incident. Such personnel may include health officials, public works personnel, elected officials, emergency and city managers, and personnel employed by private industry.
(b) Emergency training programs for nonfirst responders shall be designed to improve emergency planning, preparedness, mitigation, response, and recovery capabilities. Such programs shall provide special emphasis with respect to emergencies and responsibilities associated with hazardous materials and EPCRA.
[Statutory Authority: RCW 38.52.030(2), 38.52.050 (1), (3) and 43.63A.060. 88-19-025 (Order 88-05), § 118-40-060, filed 9/12/88.]
AMENDATORY SECTION (Amending Order 88-05, filed 9/12/88)
WAC 118-40-070 Department of ecology--((Title III)) EPCRA
responsibilities. Specific responsibilities of the department of
ecology include, but are not limited to, the following duties:
(1) Serve as advisor to the commission on emergency spill response and environmental restoration issues.
(2) Serve as advisor for emergency responder equipment and training needs at the state and local levels.
(3) Serve as advisor for on-scene spill response and environmental needs at the state and local levels.
(4) Serve as advisor to the commission on community right-to-know issues.
(5) ((Develop, implement, and maintain a Title III)) As
required under subsection 301(a) of EPCRA, coordinate
development, implementation, and maintenance of an EPCRA
Community Right-to-Know Program which may include, but is not
limited to:
(a) Data management of reports and notifications submitted by businesses. Such reports and notifications shall be retained for a minimum of three years.
(b) Technical assistance to businesses regarding compliance
with ((Title III)) EPCRA.
(c) Accessing and communicating information to the public.
(d) Outreach to businesses and the public about ((Title
III)) EPCRA.
(((6) Serve as chairperson or member of the community right-to-know subcommittee of the hazardous materials advisory
committee.
(7) Serve as liaison between the commission and the
Environmental Protection Agency on community right-to-know
issues.
(8) Provide training for hazardous substances spill response
and cleanup.))
[Statutory Authority: RCW 38.52.030(2), 38.52.050 (1), (3) and 43.63A.060. 88-19-025 (Order 88-05), § 118-40-070, filed 9/12/88.]
AMENDATORY SECTION (Amending Order 88-05, filed 9/12/88)
WAC 118-40-080 Washington state patrol--((Title III)) EPCRA
responsibilities. Specific responsibilities of the Washington
state patrol include, but are not limited to, the following
duties:
(1) Serve as advisor to the state emergency response commission on emergency response and coordination of on-scene activities on state and interstate highways and other areas where it has been designated incident command agency.
(2) ((Serve as chairperson of the emergency response
subcommittee of the hazardous materials advisory committee.))
Provide first responder training and maintain related records for
state hazardous materials training as authorized through Section
305 of EPCRA.
(a) Training may be attended by emergency first responders, including fire fighters, law enforcement, environmental, and emergency medical personnel. Other constituencies to be trained include federal, state, and local governmental employees who may directly or indirectly involve themselves in a hazardous materials incident. Such personnel may include health officials, public works personnel, elected officials, emergency and city managers, and personnel employed by private industry.
(b) Emergency training programs for first responders shall be designed to improve emergency planning, preparedness, mitigation, response, and recovery capabilities. Such programs shall provide special emphasis with respect to emergencies and responsibilities associated with hazardous materials and EPCRA.
(3) Serve as advisor for emergency responder equipment and training needs at the state and local levels.
(((4) Serve as a member of the training subcommittee of the
hazardous materials advisory committee.))
[Statutory Authority: RCW 38.52.030(2), 38.52.050 (1), (3) and 43.63A.060. 88-19-025 (Order 88-05), § 118-40-080, filed 9/12/88.]
AMENDATORY SECTION (Amending Order 88-05, filed 9/12/88)
WAC 118-40-150 Emergency planning districts--Designation.
(1) ((Emergency planning districts shall be based on the
statutory requirement set forth in RCW 38.52.070 which authorizes
local emergency management organizations.)) The chief elected
official of the local emergency planning district shall appoint
the local emergency planning committee.
(2) Cities and towns that do not have active emergency
management organizations as required by chapter 38.52 RCW are
considered part of the county planning district in which they are
located for the purposes of ((Title III)) EPCRA emergency
response planning.
(3) ((If the provision in WAC 118-40-150(2) is unacceptable
to a jurisdiction, the presiding official or officials of that
jurisdiction may request that the commission designate that
jurisdiction as a Title III emergency planning district.)) Any
town, city or political jurisdiction identified in RCW 38.52.070
may petition the state emergency response commission to be
designated as a local emergency planning district. Prior to the
approval of such designation the proposed local emergency
planning district must have selected the membership of the
proposed local emergency planning committee and be in full
compliance with the requirements of EPCRA.
(4) Any local emergency planning district and the respective local emergency planning committee existing prior to the effective date of this rule change shall be recognized.
(5) An existing local emergency planning district may petition the state emergency response commission to dissolve its independent status and either join the jurisdiction of the county in which it is included or join with an adjacent local emergency planning committee.
[Statutory Authority: RCW 38.52.030(2), 38.52.050 (1), (3) and 43.63A.060. 88-19-025 (Order 88-05), § 118-40-150, filed 9/12/88.]
AMENDATORY SECTION (Amending Order 88-05, filed 9/12/88)
WAC 118-40-160 Local emergency planning committee--Organization, membership. (1) Each local committee shall
include, at a minimum, ((representatives)) representation from
each of the following groups or types of organizations as
specified by Section 301(c) of ((Title III)) EPCRA:
(a) State and local officials.
(b) Law enforcement.
(c) Emergency management.
(d) Fire fighting.
(e) First aid.
(f) Health profession.
(g) Local ((environment)) environmental.
(h) Hospital.
(i) Transportation personnel.
(j) Broadcast and print media.
(k) Community groups.
(l) Owners and operators of facilities subject to the
requirements of Section 302(b) of ((Title III)) EPCRA.
(2) Each local emergency planning committee shall appoint a chairperson and establish rules by which the committee shall operate.
(3) Committee rules shall include provisions for public notification of committee activities, public meetings to discuss the emergency plan, public comments, response to such comments by the committee, and distribution of emergency response plans to the general public.
(4) Each local emergency planning committee shall submit annually, to the state emergency response commission, a list of their membership and the organizations they represent.
[Statutory Authority: RCW 38.52.030(2), 38.52.050 (1), (3) and 43.63A.060. 88-19-025 (Order 88-05), § 118-40-160, filed 9/12/88.]
AMENDATORY SECTION (Amending Order 88-05, filed 9/12/88)
WAC 118-40-170 Local emergency planning committee--Responsibilities. (1) ((Not later than October 17, 1988,)) Each local
emergency planning committee shall complete the preparation of a
hazardous materials emergency response plan. In the development
of the plan, as specified by Sections 303 (a), (b), (c) and 324
(a), (b), ((Title III)) EPCRA, committee duties include, but are
not limited to:
(a) Forming a local planning team.
(b) Designating a team leader.
(c) Evaluating the resources needed to develop, implement, and exercise the emergency plan.
(d) Identifying existing emergency response equipment and personnel.
(e) Conducting a needs assessment of emergency response equipment and personnel requirements.
(f) Providing oversight for preparation of the plan by the local planning team.
(2) Each local committee shall establish procedures for
receiving and processing requests from the general public for
information under Section 324 (including Tier II information
under Section 312) ((Title III)) EPCRA. Such procedures shall
include the designation of an official to serve as committee
coordinator for all information requests.
[Statutory Authority: RCW 38.52.030(2), 38.52.050 (1), (3) and 43.63A.060. 88-19-025 (Order 88-05), § 118-40-170, filed 9/12/88.]
AMENDATORY SECTION (Amending Order 88-05, filed 9/12/88)
WAC 118-40-180 Hazardous material emergency response plan--Content, guidelines, evaluation process. (1) Each local
emergency planning committee shall complete a hazardous materials
emergency response plan as required by Section 303 (a), (b), (c),
((Title III)) EPCRA.
(2) The local emergency planning committee shall transmit three copies of the completed plan to:
((Chairperson))
Washington State Emergency Response
Commission
((Department of Community Development
9th and Columbia Building, GH-51
Olympia, Washington 98504-4151))
Washington Military Department
Emergency Management Division
(3) At a minimum, the plan shall include the requirements of
((Title III)) EPCRA, the standards of the NRT-1 guidelines, and
the concepts of the Washington state comprehensive emergency
management plan as it is written.
(4) Upon receipt of a local emergency planning committee hazardous material emergency response plan, the state emergency response commission shall:
(a) Send a letter to the local emergency planning committee formally acknowledging the receipt of the plan and informing them of the review process.
(b) Copies of the plan will then be ((sent to the following
organizations for review and comment:
(i) The state division of emergency management, department
of community development, to review it against required federal
criteria and the state comprehensive emergency management plan.
(ii) The hazardous materials advisory committee's
subcommittee for contingency planning.
(iii) The hazardous materials advisory committee's
subcommittee for emergency response.
(c) The above organizations shall review the plan and within
ninety days submit their comments and recommendations, if any, to
the state emergency response commission on whether the plan meets
the requirements of Title III, the recommendations of the NRT-1
guidelines and the concepts of the Washington state comprehensive
emergency management plan.
In the event that there are significant differences in the
recommendations of the committees, the full state hazardous
materials advisory committee will be asked to resolve the
differences and make its recommendation to the emergency response
commission within forty-five days of the date of referral to the
state hazardous materials advisory committee)) reviewed for
comment within ninety days of receipt as required by EPCRA.
(d) ((Within forty-five days of the receipt of the
recommendations, the state emergency response commission will
review the recommendations.)) Upon completion of this review the
state emergency response commission shall, as appropriate, send a
letter to the submitting local emergency planning committee
((stating one of the following alternative evaluations of the
local committee's plan:
(i) The plan has been reviewed and is considered to meet the
requirements of Title III, the standards of the NRT-1 guidelines,
and the concepts of the state comprehensive emergency management
plan as it is written.
(ii) The plan has been reviewed and is considered to meet
the standards of the NRT-1 guidelines, Title III requirements and
the comprehensive emergency management plan concept, but
suggestions are included on how it may be improved at its next
revision.
(iii) Serious omissions are apparent in the plan. Please
note the following suggestions on the changes that are needed to
meet the Title III requirements, the guidelines of the NRT-1
guidebook and the concept of the Washington state comprehensive
emergency management plan)) acknowledging receipt and providing
reviewer's comments as appropriate in meeting the intent of
EPCRA.
(5) The local emergency planning committees shall review and
update, as appropriate, their plans annually((, and submit them))
changes to the plan shall be submitted to the state emergency
response commission ((for review under the procedures and
guidelines prescribed in this section)). If there are no changes
to the local plan, the local emergency planning committee shall
provide written notification to the state emergency response
commission within thirty days of the review's completion.
[Statutory Authority: RCW 38.52.030(2), 38.52.050 (1), (3) and 43.63A.060. 88-19-025 (Order 88-05), § 118-40-180, filed 9/12/88.]
AMENDATORY SECTION (Amending Order 88-05, filed 9/12/88)
WAC 118-40-300 ((Title III)) EPCRA--Facilities compliance.
The owner or operator of a facility shall meet all of the
applicable requirements of ((Title III)) EPCRA, or of rules
adopted by the administrator to implement ((Title III)) EPCRA, as
now authorized or hereafter amended, including the planning,
notification, reporting, access, and information availability
requirements as specified by Sections 301, 302, 303, 304, 311,
312, 313, and 324 of ((Title III)) EPCRA.
[Statutory Authority: RCW 38.52.030(2), 38.52.050 (1), (3) and 43.63A.060. 88-19-025 (Order 88-05), § 118-40-300, filed 9/12/88.]
AMENDATORY SECTION (Amending Order 88-05, filed 9/12/88)
WAC 118-40-400 ((Title III)) EPCRA--Enforcement, penalties.
Enforcement of all ((Title III)) EPCRA provisions and the
administration of penalties for violations of the provisions
shall be pursuant to Section 325 of ((Title III)) EPCRA, as now
authorized or hereafter amended.
[Statutory Authority: RCW 38.52.030(2), 38.52.050 (1), (3) and 43.63A.060. 88-19-025 (Order 88-05), § 118-40-400, filed 9/12/88.]
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 118-40-090 Hazardous materials advisory committee--Establishment, membership.
WAC 118-40-100 Hazardous materials advisory committee--Purpose, responsibilities.
WAC 118-40-190 Emergency response training.