Section R8-4-109. Community Right-to-know Procedures

A.      To obtain information regarding a specific hazardous chemical or extremely hazardous substance at a specific facility, local emergency response plan, or notice regarding a reportable release, a person shall submit a written request to the Commis- sion or LEPC. If a request is submitted to an LEPC, the LEPC may forward a copy of the request to the Commission so Com- mission staff can coordinate a response to the request. To obtain a copy of a Form R relating to toxic chemical releases, a person shall submit a written request to the Commission.

B.       As required by 42 U.S.C. 11022, the Commission or LEPC shall respond to a written request for information. The response shall advise the person making the request of one of the following:

Supp. 14-3                                                                                         Page 2                                                                           September 30, 2014

Arizona Administrative Code                                                                   Title 8, Ch. 4

1.        The time and location at which the person may inspect and copy the requested information,

2.        That  additional  information  is   needed  to  process  the request,

3.        That the requested information is not available but the Commission or LEPC will ask the owner or operator of the facility to provide the information, or

4.        That the request is denied because:

a.         The requested information does not exist,

b.        The owner or operator of the facility is not required to provide the information,

c.         The Commission or LEPC determined that disclos- ing the information will impair its ability to protect public health or safety and the public interest in non- disclosure outweighs the public interest in disclo- sure, or

d.        The information is exempt by law from disclosure.

C.      Before releasing information, the Commission or LEPC shall advise the owner or operator of a facility of the request for information regarding the facility.

D.      Under A.R.S. § 39-121, the Commission or LEPC shall charge the person making a request under this Section the cost of reproducing the information requested. The Commission shall deposit the funds received under this subsection in accordance with A.R.S. § 26-343(G).

Historical Note

New Section made by final rulemaking at 14 A.A.R.

2931, effective August 30, 2008 (Supp. 08-3).