WSR 97-23-066

PROPOSED RULES

MILITARY DEPARTMENT

(Emergency Management Division)

[Filed November 19, 1997, 8:45 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-20-118.

Title of Rule: Hazardous chemical emergency planning and community right-to-know reporting.

Purpose: Implement Public Law 99-499, the Superfund Amendments and Reauthorization Act of 1986 (SARA Title III).

Other Identifying Information: Chapter 118-40 WAC.

Statutory Authority for Adoption: Public Law 99-499 and chapter 38.52 RCW.

Summary: The restructuring of the State Emergency Response Commission (SERC) and the revision of chapter 38.52 RCW require the revision of chapter 118-40 WAC. Proposed revisions affect the reporting requirements and structure of the SERC and the Local Emergency Planning Committees (LEPC).

Reasons Supporting Proposal: The proposed revision of chapter 118-40 WAC was drafted by an interagency work group consisting of representatives from the Washington State Patrol, Departments of Ecology, Health and Transportation, Military Department, and LEPCs. The document was presented to and reviewed by the SERC on June 5, 1997, and September 4, 1997. The chair of the SERC presented the revision to the Emergency Management Council on June 12, 1997.

Name of Agency Personnel Responsible for Drafting: Dan Staber, Program Coordinator, 4317 6th Avenue, Lacey, WA, (360) 923-4573; Implementation and Enforcement: Linda Burton-Ramsey, Director, 4317 6th Avenue, Lacey, WA, (360) 923-4501.

Name of Proponent: Military Department, Emergency Management Division, governmental.

Rule is necessary because of federal law, Public Law 99-499.

Explanation of Rule, its Purpose, and Anticipated Effects: Accurately reflect the restructuring of the SERC and the revision of chapter 38.52 RCW relative to the implementation of Public Law 99-499.

Proposal Changes the Following Existing Rules: The restructuring of the SERC and the revision of chapter 38.52 RCW require the proposed changes to the existing chapter 118-40 WAC.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Chapter 19.85 RCW requires the preparation of an economic impact statement if the adoption of any rule pursuant to RCW 34.05.320 will impose more than minor costs on more than twenty percent of all industries, or more than ten percent of any one industry. Since the proposed language revisions to chapter 118-40 WAC will not have any economic impact on either small businesses or industry, the preparation of a small business economic impact statement is not required.

RCW 34.05.328 does not apply to this rule adoption. The proposed changes to chapter 118-40 WAC do not constitute "significant legislative rules" as defined in RCW 34.05.328. These changes address administrative reporting procedures and clarifies the interrelationship of SERC, LEPCs and state agencies. The proposed changes bring chapter 118-40 WAC into compliance with chapter 38.52 RCW.

Hearing Location: Western: Port of Seattle, Fire Department, 2400 170th Street, Seattle, WA, on January 14, 1998, at 9 a.m. - 11 a.m; and Eastern: Department of Emergency Management, 1121 West Gardner, Spokane, WA, on January 22, 1998, at 9:30 a.m. - 11:30 a.m.

Assistance for Persons with Disabilities: Contact Dan Staber by January 9, 1998, FAX (360) 923-4591, voice (360) 923-4573.

Submit Written Comments to: Daniel Staber, Program Coordinator, EMD, P.O. Box 40955, Olympia, WA 98504-0955, FAX (360) 923-4591, by January 10, 1998.

Date of Intended Adoption: March 2, 1998.

November 15, 1997

Gregory P. Barlow

Major General

The Adjutant General

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 of the commission include:

(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)) Establish procedures for the receipt of, management and access to all notifications, reports, plans and all other information required by ((Title III)) EPCRA.

(7) Coordinate 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.