ARC 6828C

ARC 6828C

HOMELAND SECURITY AND EMERGENCY MANAGEMENT DEPARTMENT[605]

Adopted and Filed

Rule making related to required report submissions

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

Legal Authority for Rule Making

This rule making is adopted 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 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 made in order to update references to obsolete Iowa Code sections.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 21, 2022, as ARC 6526C. No public comments were received. No changes from the Notice have been made.

Adoption of Rule Making

This rule making was adopted by the Director on December 20, 2022.

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.

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).

Effective Date

This rule making will become effective on March 1, 2023.

The following rule-making actions are adopted:

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.

[Filed 1/3/23, effective 3/1/23]

[Published 1/25/23]

Editor's Note: For replacement pages for IAC, see IAC Supplement 1/25/23.