ARC 6526C

ARC 6526C

HOMELAND SECURITY AND EMERGENCY MANAGEMENT DEPARTMENT[605]

Notice of Intended Action

Proposing rule making related to required report submissions

and providing an opportunity for public comment

The Homeland Security and Emergency Management Department hereby proposes to amend Chapter 104, "Required Reports and Records," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code section 30.2.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code section 30.2.

Purpose and Summary

This proposed rule making updates the address for submission of the reports required under the Emergency Planning and Community Right-to-Know Act. Updates to the implementation sentences for rules 605—104.1(30) and 605—104.2(30) are also proposed in order to update references to obsolete Iowa Code sections.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rule making, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any.

Public Comment

Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Department no later than 4:30 p.m.on October 11, 2022. Comments should be directed to:

Public Hearing

No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)"b," an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

The following rule-making actions are proposed:

Item 1. Amend rule 605—104.1(30), implementation sentence, as follows:

This rule is intended to implement Iowa Code sections 30.5 and 30.9 section 30.2.

Item 2. Amend subrule 104.2(5) as follows:

104.2(5) Submissions. Written notifications and reports required under this rule shall be submitted to the Department of Natural Resources, 7900 Hickman Road, Suite 200, Windsor Heights, Iowa 50324 EPCRA, 502 East 9th Street, Des Moines, Iowa 50319. For additional Additional information , see can be found in rule 567—131.2(455B).

Item 3. Amend rule 605—104.2(30), implementation sentence, as follows:

This rule is intended to implement Iowa Code sections 30.5 and 30.8 30.2 and 30.4.