R698-5-5. Local Emergency Planning Committee

  (1) The creation, modification or dissolution of an LEPC shall be approved by the SERC.

  (2) A jurisdiction requesting the formation of an LEPC shall provide the following information to the SERC Advisory Committee:

  (a) a plan for coordinating the proposed additional LEPC with the county LEPC and/or any other city formed LEPC in that county.

  (b) an assessment of the jurisdiction's population and hazardous materials risk, to include but not limited to fixed facilities, rail, highways, and hazardous material pipelines; and

  (c) 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.

  (3) By July 1 of each year LEPCs shall submit the following information to the Utah Department of Public Safety, Division of Emergency Management, contact information for the LEPC:

  (a) chair;

  (b) co-chairs;

  (c) vice-chairs; and

  (d) members employed by a local government organization designated to receive tier II chemical inventory reports.

  (4) An LEPC wishing to dissolve shall submit the following to the SERC Advisory Committee:

  (a) reasons why the dissolution is in the best interest of the public served by the LEPC;

  (b) a formal agreement with another LEPC addressing:

  (i) the assumption of LEPC duties identified in 42 U.S.C. Chapter 116;

  (ii) the transfer of remaining LEPC operational funds; and

  (iii) the assumption of outstanding LEPC financial obligations; and

  (c) a plan to notify facilities located within the jurisdiction of the dissolving LEPC who submitted chemical inventory or chemical emergency planning information to the LEPC within the previous year, providing notice of the LEPC dissolution and providing the name and mailing address of the LEPC assuming the dissolving LEPC duties.

  (5) The SERC Advisory Committee shall evaluate information submitted in accordance with Subsections R698-5-4(2) through R698-5-4(4) and shall make a recommendation to the SERC concerning LEPC creation, modification or dissolution.

  (6) The SERC shall consider the following in its decision to approve or disapprove the formation, modification or dissolution of an LEPC:

  (a) the recommendation of the SERC Advisory Committee;

  (b) all information submitted to the SERC Advisory Committee; and

  (c) the comments of directly affected LEPCs.

  (7) The LEPC shall coordinate its overall planning and direction with the SERC.

  (i) The SERC shall supervise the overall planning and direction of the LEPC.

  (8) The LEPC shall submit a copy of their hazardous materials emergency response plan to the SERC for review.

  (9) 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.