File No. 34174
This rule was published in the November 15, 2010, issue (Vol. 2010, No. 22) of the Utah State Bulletin.
Public Safety, Administration
Hazardous Chemical Emergency Response Commission
Notice of Proposed Rule
DAR File No.: 34174
Filed: 10/28/2010 02:04:48 PM
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.
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.
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
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 email@example.com
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:
This rule may become effective on:
Lance Davenport, Commissioner
R698. Public Safety, Administration.
R698-5. Hazardous Chemical Emergency Response Commission.
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.
R698-5-4. Local Emergency Planning Committee.
4.1 The creation, modification or [
dissolving] of an LEPC shall be approved by the SERC.
2] The LEPC shall coordinate its overall planning and
direction with the SERC. The SERC shall supervise the overall
planning and direction of the LEPC.
3] The LEPC shall submit a copy of their hazardous materials
emergency response plan to the SERC for review.
4] 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.
KEY: state emergency response commission
Date of Enactment or Last Substantive Amendment: [
August 26, 2009]
Authorizing, and Implemented or Interpreted Law: 63K-3-301
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at http://www.rules.utah.gov/publicat/bull-pdf/2010/b20101115.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Brent Halladay at the above address, by phone at 801-284-6352, by FAX at 801-284-6351, or by Internet E-mail at firstname.lastname@example.org. For questions about the rulemaking process, please contact the Division of Administrative Rules.