Public Safety, Administration

Rule R698-5

Hazardous Chemical Emergency Response Commission

Notice of Proposed Rule

(Amendment)

DAR File No.: 34174
Filed: 10/28/2010 02:04:48 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The State Hazardous Chemical Emergency Response Commission (SERC) met on 10/06/2010 and voted to amend Rule R698-5 by expanding the criteria used to evaluate the creation of a new Local Emergency Planning Committee (LEPC). The SERC also proposed to establish procedures for adjudicative proceedings in the event of an appeal from a decision made by the SERC.

Summary of the rule or change:

The summary of the proposed rule amendments are as follows: 1) in Subsection R698-5-2(2.5), the SERC proposes to add the definition of SERC Advisory Committee; 2) in Subsection R698-5-4(4.2), the SERC proposes to establish procedures to be followed by an agency requesting to be designated as an LEPC; 3) in Subsection R698-5-4(4.3), the SERC proposes to identify the procedures to be used by the SERC Advisory Committee in forming its recommendations; 4) in Subsection R698-5-4(4.4), the SERC proposes direction to itself when it makes the final decision on the creation of an LEPC; and 5) in Section R698-5-5, the SERC proposes to establish an adjudicative proceedings section to allow an agency to have proper direction when filing an appeal on a decision of the SERC.

State statutory or constitutional authorization for this rule:

• Section 63K-3-301

Anticipated cost or savings to:

the state budget:

There is no aggregate anticipated cost or savings to the state budget because these proposed rule amendments are procedural in nature. The only rare incidence would be if an LEPC appealed a decision of the SERC. This would require the full SERC together to hear the appeal of the LEPC.

local governments:

There is no aggregate anticipated cost or savings to local government because these proposed rule amendments do not impact local government and is procedural in nature.

small businesses:

There is no aggregate anticipated cost or savings to small businesses because these proposed rule amendments are for direction in the setting up of LEPCs and adjudicative proceedings, and have nothing to do with small businesses.

persons other than small businesses, businesses, or local governmental entities:

There is no aggregate anticipated cost or savings to other persons because these proposed amendments are for setting up of LEPCs and adjudicative proceedings, and have nothing to with other persons.

Compliance costs for affected persons:

There is no compliance costs for affected persons to implement these proposed rule amendments. The proposed amendments are procedural with regard to the establishment of LEPCs and also establish adjudicative proceedings to appeal the decision of the SERC.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no fiscal impact to businesses for the enactment of these proposed rule amendments. The proposed rule amendments are procedural for government established LEPCs and also to establish adjudicative proceedings.

D. Lance Davenport, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Administration
4501 S 2700 W 1ST FLR
SALT LAKE CITY, UT 84119-5994

Direct questions regarding this rule to:

• Brent Halladay at the above address, by phone at 801-284-6352, by FAX at 801-284-6351, or by Internet E-mail at bhallada@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/15/2010

This rule may become effective on:

12/22/2010

Authorized by:

Lance Davenport, Commissioner

R698. Public Safety, Administration.

R698-5. Hazardous Chemical Emergency Response Commission.

R698-5-2. Definitions.

2.1 "Advisory Committee" means State Emergency Response Commission Advisory Committee.

2.2 "EPCRA" means Emergency Planning and Community Right-to-Know Act of 1986.

2.3 "LEPC" means Local Emergency Planning Committee.

2.4 "SERC" means State Hazardous Chemical Emergency Response Commission.

2.5 "SERC Advisory Committee" means State Hazardous Chemical Emergency Response Commission Advisory Committee.

 

R698-5-4. Local Emergency Planning Committee.

4.1 The creation, modification or [dissolving]dissolution of an LEPC shall be approved by the SERC.

4.2 When evaluating the need to create an LEPC, the SERC Advisory Committee shall use the following criteria and procedures:

4.2.1 The jurisdiction requesting the formation of an LEPC shall provide to the SERC Advisory Committee a plan for coordinating the proposed additional LEPC with the county LEPC and/or any other city formed LEPC in that county.

4.2.2 The jurisdiction requesting the formation of an LEPC shall provide to the SERC Advisory Committee an assessment of the jurisdiction's population and hazardous materials risk, to include but not limited to fixed facilities, rail, highways, hazardous material pipelines,

4.2.3 The jurisdiction requesting the formation of an LEPC shall provide to the SERC Advisory Committee a determination of how that agency, if allowed to form an LEPC, would meet all federal LEPC standards as identified in 42 USC Chapter 116.

4.3 The SERC Advisory Committee shall evaluate the information submitted by the jurisdiction in accordance with Section 4.1 of these rules and shall make a recommendation to the SERC.

4.4 The SERC shall include the recommendation of the SERC Advisory Committee, all information submitted by the requesting agency, and the views of the county LEPC, in its decision to approve or disapprove the formation of a new LEPC.

4.[2]5 The LEPC shall coordinate its overall planning and direction with the SERC. The SERC shall supervise the overall planning and direction of the LEPC.

4.[3]6 The LEPC shall submit a copy of their hazardous materials emergency response plan to the SERC for review.

4.[4]7 The SERC shall approve the amount of US Department of Transportation Hazardous Materials Emergency Preparedness Grant funding to be given to each LEPC and shall establish criteria for that funding to be awarded.

 

R698-5-5. Adjudicative Proceedings.

5.1 All adjudicative proceedings performed by the SERC shall proceed informally as authorized by UCA, Sections 63G-4-202 and 63G-4-203.

5.2 An agency whose request to create, modify or dissolve an LEPC is denied by the SERC shall have an opportunity for a hearing before the SERC if requested by that agency within 20 days after receiving notice.

5.3 All adjudicative proceedings, other than criminal prosecution taken by the SERC, shall commence in accordance with UCA, Section 63G-4-201.

5.4 The SERC shall act as the hearing authority, and shall convene after timely notice to all parties involved. The members of the SERC acting as the hearing authority shall consist of the Commissioner of Public Safety and the Executive Director of the Department of Environmental Quality. The SERC shall also be joined when acting as the hearing authority by a representative from the Attorney General's Office.

5.5 After acting as the hearing authority, the SERC shall direct the secretary to issue a signed order to the agency involved giving the decision of the SERC within a reasonable time of the hearing pursuant to UCA, Section 63G-4-203.

5.6 Reconsideration of the SERC decision may be requested in writing within 20 days of the date of the decision pursuant to UCA, Section 63G-4-302.

5.7 Judicial review of all final SERC actions resulting from informal adjudicative proceedings shall be conducted pursuant to UCA, Section 63G-4-402.

 

KEY: state emergency response commission

Date of Enactment or Last Substantive Amendment: [August 26, 2009]December 22, 2010

Authorizing, and Implemented or Interpreted Law: 63K-3-301