RULES AND REGULATIONS
PENNSYLVANIA EMERGENCY
MANAGEMENT AGENCY
[4 PA. CODE CH. 117]
Radiation Transportation Emergency Response Fund
[29 Pa.B. 3205] A. Statutory Authority
The Pennsylvania Emergency Management Agency (PEMA), under the authority contained in 35 Pa.C.S. § 7313 (relating to powers and duties) amends Chapter 117 (relating to Radiation Transportation Emergency Response Fund) to read as set forth in Annex A. These amendments were previously published as proposed rulemaking at 28 Pa.B. 2822 (June 20, 1998).
B. Effective Date
The amendments will be effective upon publication in the Pennsylvania Bulletin.
C. Background and Purpose
The amendments are intended to streamline and improve the ability of PEMA to administer and operate the Radiation Transportation Emergency Response Fund (RTERF) and to carry out the many goals and objectives of the Radiation Transportation Emergency Response Program which was established to protect the health and welfare of all Commonwealth residents living within the vicinity of a Pennsylvania highway used for the shipment of spent nuclear fuel. PEMA has found that the role of the Pennsylvania Emergency Management Council (Council) in approving the RTERF grant applications has become an increasingly proforma or perfunctory administrative exercise over the past several years. During that time, the Council has always, without debate, accepted and approved PEMA's recommendations concerning the amounts of the RTERF grants and the intended purposes for those grants. Due to scheduling problems, however, it has been difficult for the Council to meet in a timely manner to approve PEMA's grant recommendations. As a result, delays have occurred in the distribution of grant payments to the counties. This has hindered the counties' ability to perform certain functions under their Radiation Transportation Emergency Response Programs. For these reasons, the amendments remove the Council from its supervisory role in the grant program and replaces it with PEMA which as been the actual program administrator and implementing agency for this grant program since its inception in 1985.
D. Comments
Written comments, suggestions and objections were solicited within a 30-day period after the proposed amendments were published. No public comments were received.
The Independent Regulatory Review Commission (IRRC) recommended that because the term ''eligible'' was not defined in the regulations that § 117.4 (relating to allocation of funds) include a reference to § 117.5 (relating to eligible expenditures) to provide any reader with information concerning eligibility for the grant program. IRRC also recommended that § 117.6 (relating to application and review procedures for funding) include a sentence that PEMA will provide the requisite grant application forms to all eligible grant applicants. PEMA agrees with these two comments and has made the necessary changes to the regulations to incorporate these comments. IRRC had no other comments on these amendments.
E. Affected Persons
These amendments will have a favorable impact on all State agencies, counties, municipalities and volunteer organizations that apply for grants from the RTERF because it will allow them to receive their grant moneys in a more timely manner.
F. Paperwork Requirements
The amendments will not change the amount of paperwork that State agencies, counties, municipalities and volunteer organizations submit to PEMA to receive a grant from the RTERF.
G. Sunset Requirement
PEMA has not set a sunset date for these amendments because the RTERF operates on a continuing basis. PEMA continues to monitor the operation of the RTERF and will propose improvements such as these amendments when required.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on June 8, 1998, a copy of the notice of proposed rulemaking, published at 28 Pa.B. 2822 (June 20, 1998) was submitted to IRRC and the Chairpersons of the Senate State Government Committee and the House Veterans Affairs and Emergency Preparedness Committee for review and comment. In compliance with section 5(b.1) of the Regulatory Review Act, the agency also provided IRRC and the Committees with copies of all comments received, as well as other documentation.
In preparing these final-form regulations, the agency has considered all comments received from IRRC, the Committees and the public.
These final-form regulations were deemed approved by the House and Senate Committees on February 16, 1999. IRRC met on February 18, 1999, and approved the amendments in accordance with section 5(c) of the Regulatory Review Act.
I. Contact Person
Questions regarding these amendments may be directed to Mark Goodwin, Chief Counsel, Pennsylvania Emergency Management Agency, P. O. Box 3321, Harrisburg, PA 17108.
J. Findings
PEMA finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder at 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) These amendments are necessary and appropriate for the administration and enforcement of the Radiation Protection Act (35 P. S. §§ 7110.101--7110.703) and 35 Pa.C.S. §§ 7101--7707 (relating to Emergency Management Services Code).
K. Order
PEMA, acting under the Radiation Protection Act and the Emergency Management Services Code, orders that:
(a) The regulations of PEMA, 4 Pa. Code Chapter 117, are amended by amending §§ 117.1, 117.2, 117.4, 117.6, 117.8 and 117.9 and by deleting § 117.7 to read as set forth in Annex A.
(b) PEMA shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to legality and form as required by law.
(c) PEMA shall certify this order and Annex A and shall deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
ROBERT E. CHURCHMAN,
Acting Director(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 29 Pa.B. 1278 (March 6, 1999).)
Fiscal Note: Fiscal Note 30-50 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 4. ADMINISTRATION
PART V. EMERGENCY MANAGEMENT AGENCY
CHAPTER 117. RADIATION TRANSPORTATION EMERGENCY RESPONSE FUND § 117.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act--The Radiation Protection Act (35 P. S. §§ 7110.101--7110.703).
Agency--The Pennsylvania Emergency Management Agency.
Applicant--An all inclusive term that refers to all counties, municipalities, volunteer organizations and State agencies that are eligible to apply for funds from the RTERF.
County--A county that has within 5 miles of its jurisdictional borders an approved Nuclear Regulatory Commission/Commonwealth of Pennsylvania route for the shipment of spent nuclear fuel.
EOP--The Emergency Operation Plan of the Commonwealth.
Municipality--A city, town or borough that has within 5 miles of its jurisdictional borders an approved Nuclear Regulatory Commission/Commonwealth of Pennsylvania route for the shipment of spent nuclear fuel.
RTERF--Radiation Transportation Emergency Response Fund--A restricted account created in the General Fund of the Commonwealth for the deposit of fees received from the shipment of spent nuclear fuel to, within, through or across the boundaries of this Commonwealth.
State agency--A department or agency of the Commonwealth that has a health, safety or emergency response function or mission assigned to it by statute or by the EOP, Hazardous Materials Annex F.
Volunteer organization--An emergency services organization that has an emergency response mission assigned to it by either its articles of incorporation or by the EOP, Hazardous Materials Annex F.
§ 117.2. Purpose.
The purpose of this chapter is to accomplish the following:
(l) Establish within the Agency a program for administering the RTERF under section 604(b) of the act (35 P. S. § 7110.604(b)).
(2) Establish within the Agency a financial assistance program that will provide for the payment of costs incurred by an eligible applicant for the procurement of equipment and the training and employment of personnel as a result of direct participation in the development and implementation, or both, of the EOP, Hazardous Materials Annex F. Information about the EOP may be obtained from the Agency or the county emergency management office.
§ 117.4. Allocation of funds.
(a) Because the number of spent nuclear fuel shipments and the resulting revenue fees generated from those shipments will vary from year to year, no predetermined annual fund amount can be established for the RTERF.
(b) An application from an eligible county or State agency will be processed by the Agency on an individual basis in the order that the application is received during a funding year--July 1 to June 30. The eligibility of an applicant, whether a county or State agency, is determined by the requirements in § 117.5 (relating to eligible expenditures).
(c) The allocation of funds to an eligible applicant will be determined as the result of the application review process described in § 117.6 (relating to application and review procedures for funding) and by the availability of funds being present in the RTERF at the time of the intended disbursement.
(d) The RTERF will not contain funds for discretionary use by an eligible applicant. Funding allocations will only be for the approved eligible expenditures.
(e) Funds that remain in the RTERF at the termination of the funding year--June 30--will be automatically placed in the RTERF of the succeeding funding year. That sum will be applied to only those funding requests submitted during that succeeding funding year.
§ 117.6. Application and review procedures for funding.
(a) The application procedures in this section apply to eligible applicants that seek funding from the RTERF. The Agency will provide each applicant with the requisite application form.
(b) Applicants, except for State agencies, shall submit a funding application to the appropriate county emergency management agency. The county emergency management agency shall review the application in terms of its compliance with and advancement of the county's Radiation Emergency Response Plan. Upon approval by the county emergency management agency, the individual funding application of the eligible municipality or volunteer organization shall be incorporated into the county's application for funding from the RTERF. State agencies shall submit funding applications directly to the Agency. That application shall be submitted under the signature of the State agency's secretary/director or a designee.
(c) It is the obligation of the county to participate in negotiations and revisions concerning its funding application. In particular, the county shall attempt to resolve disputes that arise between the county and its municipalities and volunteer organization, or both, concerning the inclusion of individual funding requests into the county's application. Disputes that cannot be resolved at the county level through negotiations will be resolved by the Agency during its review of the county's funding application.
(d) Upon receipt of a funding application, the Agency will review the application for accuracy and completeness. The Agency will apply the following standards to its application review process:
(1) The expenditure will be incurred during the applicable funding year--July 1 to June 30.
(2) The expenditure was not previously recouped or reimbursed from other sources.
(3) The expenditure will be required as a direct result of the applicant's participation in a radiation transportation emergency response program.
(4) The expenditure will be required for the payment of education, management and training or for the purchase of protective supplies and equipment needed to respond to a potential accident involving the shipment of spent nuclear fuel.
(5) The expenditure shall be verifiable.
(e) Upon the completion of the application review process, the agency will approve a funding allocation for the eligible applicant.
(f) After the Agency's approval of a funding allocation, the Agency will forward the payment to an eligible applicant.
§ 117.7. (Reserved)
§ 117.8. Retention of records for audit.
(a) Records and supporting documents--that is, receipts, invoices, vouchers, and the like--related to grant funds shall be retained for 3 years. The retention period starts at the end of the funding year--June 30--in which the funding allocation was made.
(b) A county and State agency shall make the records described in subsection (a) available for audit by Commonwealth and Agency officials within 10 days after receiving a written request that those records be made available for audit. The audit request may be made at any time during the 3 year record retention period.
§ 117.9. Agency report.
On September 1 of a year, the Agency will submit a report on its operation of the RTERF for the preceding fiscal year to the Governor, the General Assembly and the Pennsylvania Emergency Management Council. The report will include a summary of the activities of the Radiation Transportation Emergency Response Program. The report will include a list of the applications received and the amounts allocated to eligible applicants. An analysis of the adequacy of the fee established for the shipment of spent nuclear fuel will also be included in the report.
[Pa.B. Doc. No. 99-1005. Filed for public inspection June 25, 1999, 9:00 a.m.]
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