Environment Article, §7-604(c)(2), Annotated Code of Maryland, requires the Department to establish a Community Right-to-Know Fund to cover the costs of fulfilling the duties and responsibilities of the federal Community Right-to-Know Act by the Department and the local emergency planning committees (LEPCs). The Department is authorized under the Community Right-to-Know Fund to award annual grants to LEPCs in the State. In this chapter, the following terms have the meanings indicated. Terms Defined. “Act” means the Maryland Community Right-To-Know Fund Act, Environment Article, Title 7, Subtitle 6, Annotated Code of Maryland. “Department” means the Department of the Environment “Extremely hazardous substance (EHS)” has the meaning stated in §329(3) of the federal Act and 40 CFR 370 and 372. “Facility” means a facility that is subject to the federal Act. “Federal Act” means the Federal Emergency Planning and Community Right-to-Know Act, 42 U.S.C.S. §11001 et seq. “Federal regulations” means 40 CFR 370 and 372. “Fund” means the Maryland Community Right-to-Know Fund. “Hazardous chemical” has the meaning stated in §329(5) of the federal Act. “Local emergency planning committee (LEPC)” has the meaning stated in 40 CFR §355.20. “Owner/operator” means a person responsible for each noncontiguous facility. “Responsible person” means an owner or operator of a facility that is required to report under the federal Act. “Secretary” means the Secretary of the Department. “State Emergency Response Commission (SERC)” means the organization that has the duties and responsibilities, powers, and authorities mandated by the federal Act. The Fund is generated by assessing annual fees on facilities that are required to report to the State or its instrumentalities under the Federal Act. The Fund is intended for use by the Department and LEPCs to cover the costs of fulfilling the duties and responsibilities of the federal Act. The Department will award grants to LEPCs, by using the Fund allocation requirements set forth in Regulation .08 of this chapter. The Department may consider a distribution plan in determining the amount of funding for each LEPC. Within 60 days of the beginning of each calendar year, the Department shall allocate, through grants, 50 percent of the current calendar year revenues, plus 100 percent of any local government reversions from prior calendar years, minus $25,000 for administrative costs to LEPCs. Grant allocations shall be as specified under Regulation .08B of this chapter. The authority to distribute local government allocations of the Fund may be delegated to the SERC by the Department. Each LEPC that receives grant money from the Fund shall provide an annual report to the Department documenting the manner in which the money was spent. An LEPC shall spend the money provided by the grant for activities under Regulation .06 of this chapter or for any other activity the Department determines is consistent with the purposes of this chapter. Money allocated to an LEPC under this chapter that is not used by the LEPC by the end of the authorized grant year shall be remitted to the fund and shall be reallocated by the Department. After reasonable notice, the Secretary may require an LEPC to provide the Department with information or documentation relating to money expended by the LEPC under this chapter. The Secretary may require an independent audit of any LEPC that is not found to be in compliance with this chapter. The Secretary may recover any inappropriate expenditure made by an LEPC from the Fund. The Secretary may withhold a part or all of the funding allocation of any LEPC that inappropriately expended funds or has not expended all the Fund in a prior year. The Community Right-to-Know Fund is generated by a combination of: Annual fees paid by facilities that are required to report to the State Emergency Response Commission or to an LEPC under §§312 and 313 of the federal Act; Penalties, fines, or both, paid by facilities for violations of the Act; and Unused LEPC grant monies that have been returned to the Department. Fees shall be calculated as specified below: The fees shall be a fixed application fee and a scaled fee for inventory and release reports submitted under §§312 and 313 of the federal Act; There is a separate application fee for: §312 Emergency and Hazardous Chemical Inventory reporting; and §313 Toxic Release Inventory reporting; An application fee may not be greater than $100 per facility, or a maximum of $1,000 for a person with multiple facilities in Maryland; Fees for the inventory amounts of each extremely hazardous substance submitted under §312 of the federal Act shall be: $100 for amounts less than 100 pounds; $200 for amounts between 100 and 999 pounds; $400 for amounts between 1,000 and 9,999 pounds; $800 for amounts between 10,000 and 99,999 pounds; $1,000 for amounts between 100,000 and 999,999 pounds; and $1,000 for amounts greater than 1,000,000 pounds; The fees for the inventory amounts of each hazardous chemical reported under §312 of the federal Act shall be: $200 for amount less than 100,000 pounds; $400 for amounts between 100,000 and 999,999 pounds; $800 for amounts between 1,000,000 pounds and 9,999,999 pounds; and $1,000 for amounts greater than 10,000,000 pounds; and Fees for reports filed under §313 of the federal Act shall be: $100 for each Form A submitted; $200 for each Form R submitted; or $400 for each form submitted for a persistent, bioaccumulative, or toxic substance. Maximum fees shall be paid by owner/operators as specified in the governing statute. The maximum fee for each owner/operator of a facility subject to reporting requirements under the federal Act, except as otherwise exempted by the State governing statute, shall be for cumulative amounts due under §§312 and 313 reporting for each calendar year. Each owner/operator of a facility subject to reporting requirements under the federal Act shall remit fees as calculated in Regulation .04 in accordance with the following schedule: Amounts due pursuant to §B(2)(a), (4), and (5) of this regulation shall be remitted to the Department not later than March 1 of each year; and Amounts due pursuant to §B(2)(b) and (6) of this regulation shall be remitted to the Department not later than July 1 of each year. Payment of all fees under this chapter shall be in the form of a personal check, cashier's check, or money order made payable to the Department. The following persons and entities are exempt from paying fees: Government agencies; Farmers whose principal residence is located on their farm; Charitable organizations as defined under Business Regulation Article, §6-101(d), Annotated Code of Maryland; Petroleum retail facilities, including marinas, with storage capacities of less than 75,000 gallons of gasoline and less than 100,000 gallons of diesel or similar fuel; Any entity that is exempt under the federal Act; and Any owner/operator of a facility that does not exceed the federal reporting thresholds for any EHS or hazardous chemical but voluntarily submits a Tier Two emergency and hazardous chemical inventory report to the SERC or the LEPC with jurisdiction over that facility, or both. The Secretary may exempt additional entities from payment of reporting fees. The Community Right-to-Know Fund shall be used for: The processing of information submitted to the Department, including collection, management, and analysis of data received by the Department from an owner or operator of a facility required to provide such data under the federal Act, the federal regulations, or this chapter; State enforcement of this chapter or the federal Act; and Federally required planning and training activities conducted by the State or LEPCs, including and not limited to: Conducting: Incident response activities; Shelter in place and evacuation planning; and Railroad, maritime, and transportation exercises; Collecting hazardous material commodity flow information; Acquisition and maintenance of chemical reference materials; Public outreach activities including case studies, school safety, and emergency planning for citizens; Participation by emergency response personnel in related training and conferences on local, state, and federal regulatory and compliance updates, incident command, and crisis control; and Compensation for personnel to perform tasks as required to implement the responsibilities of the SERC or LEPC as described in the federal Act. Each local emergency planning committee (LEPC) shall fulfill the requirements of the federal Act to be considered eligible for grant awards from the Fund. Each LEPC receiving grant funding under this act shall certify to the Department by January 31 of each year that it has met the requirements under the federal Act. The requirements include, but are not be limited to: Appointment of a chairman; Establishment of rules by which the LEPC shall function, which shall include: Provision for public notification of committee activities; Provision for public meetings, if requested, to discuss the emergency plan, public comments, committee response to the comments, and distribution of the emergency plan; and Designation of an official to serve as coordinator for information; Establishment of procedures for receiving and processing requests from the general public for the following information as described in §324 of the federal Act: An emergency response plan; Each follow-up emergency notice described in §304 (c) of the federal Act; Each material safety data sheet (MSDS) or list of MSDSs described in §311(a)(2) of the federal Act; and Each hazardous chemical inventory form described in §312 of the federal Act; Completion of an emergency plan in accordance with §303 of the federal Act; Completion of a review of the emergency plan annually, or more frequently as changed circumstances in the community or at any facility may require; Designation of a location for review by the general public of each item listed in §B(3) of this regulation; and Publication of an annual notice in local newspapers which states: That the emergency response plans, material safety data sheets or lists of material safety data sheets, and inventory reports have been submitted under §324(b) of the federal Act; That follow-up emergency notifications may subsequently be issued; and The location and hours of availability for members of the public that wish to review a plan, sheet, list, form, or follow-up notice. The Department shall use 50 percent of the money received for processing of information contained in reports submitted to the Department. Information processing includes: Activities necessary to inform business and facilities of the submission requirements; Data management, that includes maintenance and development of manual and electronic file systems; Information dissemination to local governments; Compliance activities; Emergency response functions; and Emergency planning, training, and exercise activities. The Department shall allocate the balance of the money received in a calendar year to the LEPCs, and the following provisions are applicable to the allocation: The Department shall reserve $25,000 of the money allocated to LEPCs to ensure proper management, allocation, and accounting of the funds; A base allocation to each requesting LEPC of up to $10,000 shall be authorized; The balance of the funds after subtraction of the $25,000 management costs and base grants are calculated shall be allocated to LEPCs; The fund allocation responsibilities may be delegated to the SERC; and Any money identified for LEPCs in one calendar year and not used by LEPCs in that year shall be returned to the Department within 45 days of the beginning of the next calendar year and will be returned to the fund and offered for allocation in that calendar year. The Department may allocate funds on behalf of LEPCs to third party providers of common services, such as the Maryland Fire and Rescue Institute (MFRI). The Department or the SERC, if delegated, may develop a grant award formula to assure distribution of grant money to the LEPCs. This grant award formula may take into account, among other factors: Quantity and risk of the chemicals reported; and Prior compliance of the LEPC with spending requirements. General Requirements. Entities required to provide reports or information as described in §§302—313 of the federal Act shall submit the reports as specified to the Department. The Department may specify or adopt additional forms or submittal processes, including electronic submittal processes. Federal Act §312 Emergency and Hazardous Inventory Reporting. Owners or operators of facilities subject to §312 of the federal Act shall submit reports to the Department. All facilities subject to reporting requirements shall provide a Tier Two report in place of the Tier One report required in the federal Act. Only federally approved Tier Two emergency and hazardous chemical inventory report forms may be used for submissions to the Department, unless electronic reporting procedures are also approved. Tier Two emergency and hazardous chemical inventory reports shall be submitted not later than March 1 of each year, beginning in 2003, and shall contain information pertaining to the previous calendar year. Federal Act §313 Toxic Chemical Release Inventory Reporting. Owners or operators of facilities subject to §313 of the federal Act shall submit reports to the Department as required by the federal Act and as specified by 40 CFR 372. Only federally approved toxic release inventory forms may be used for submissions to the Department, unless electronic reporting procedures are also approved. Toxic chemical release inventory reports shall be submitted not later than July 1 of each year, beginning in 2003, and shall contain information pertaining to activities conducted during the previous calendar year. An LEPC that receives grant money under this chapter shall: Report to the Department documenting how the money was spent within 45 days of the close of each Maryland fiscal year; Account for money that was not used in the authorized calendar year allocation, with unused allocation remitted to the Department 45 days after the end of the authorized fiscal year unless the LEPC has provided documentation to the Department with justification for an extension of the grant expenditure period; and Remit to the fund the amount of inappropriate expenditures within 90 days after receipt by the LEPC of a notice from the Department that the expenditures were inappropriate. The Secretary may conduct an independent audit of any LEPC that receives funds under this chapter. The Secretary may recover any inappropriate expenditure made by an LEPC that is inconsistent with this chapter. The Department shall submit a notice indicating to the LEPC that expenditures reported under Regulation .09D(2) of this chapter were not appropriate. Records used in the development and completion of reports submitted under this chapter shall be maintained by the facility for a minimum of 3 years from the date of submission. An LEPC may request an administrative review within the Department by filing a request for review with the Secretary, if the Department has determined that expenditures of Fund money by the LEPC were inappropriate. A request for review shall be filed within 30 days of the date the LEPC is advised of the Department's decision. The review proceedings shall be conducted in accordance with State Government Article, §10-201 et seq., Annotated Code of Maryland, and COMAR 26.01.01. The federal Act and the federal regulations shall be used to establish procedures for filing required reports with the State and any local governments as required by the federal Act. This chapter does not relieve a facility subject to the federal Act of the responsibility for providing reports as required under the federal Act. This chapter does not relieve a facility subject to any local ordinances pertaining to the reporting of hazardous and toxic materials from any obligations pursuant to the local ordinances. The failure of an owner/operator to file reports required by the federal Act does not relieve an owner/operator from the obligation to remit the fees established by this chapter for any facility for which they are or have been responsible. Environment Article, §§7-601—7-605, Annotated Code of Maryland Effective date: March 17, 2003 (30:5 Md. R. 368)