§ 23-1709 — Criteria for siting

§ 23-1709. Criteria for siting.\n 1. The department shall, after investigation and opportunity for\npublic comment, within one year from the effective date of this section,\nadopt, and file with the secretary of state, regulations establishing\ncriteria for the siting of liquefied natural and petroleum gas\nfacilities. Such siting criteria shall be designed to insure the maximum\nsafety of the public from hazards associated with liquefied natural or\npetroleum gas storage, transportation and conversion. The department\nshall also within one year from such effective date adopt regulations\nprescribing the form and content of applications for environmental\nsafety permits to construct a liquefied natural or petroleum gas\nfacility.\n 2. The regulations issued pursuant to subdivision one of this section\nfor the siting of liquefied natural or petroleum gas facilities shall\ntake into account, among other factors:\n (a) The density of population in areas neighboring the liquefied\nnatural or petroleum gas facility;\n (b) The density of population in areas neighboring delivery routes of\nliquefied natural or petroleum gas to a liquefied natural or petroleum\ngas facility, if delivery is by water-borne vessel, rail or motor\nvehicle;\n (c) The risk of accident during the transportation of liquefied\nnatural or petroleum gas to or from a liquefied natural or petroleum gas\nfacility which could result in a release of liquefied natural or\npetroleum gas from containment and the safeguards necessary to reduce\nsuch risk;\n (d) The physical properties of liquefied natural or petroleum gas,\nincluding: (i) the effect of cryogenic temperatures upon containers of\nliquefied natural or petroleum gas; (ii) the maximum distance that a\nliquefied natural or petroleum gas vapor cloud is projected to expand\nand pose a threat to the public; and, (iii) the flammability or\nexplosiveness of such a cloud formed by vaporizing liquefied natural or\npetroleum gas.\n 3. The regulations issued by the department pursuant to subdivision\none prescribing the form of an application for an environmental safety\npermit to construct a liquefied natural or petroleum gas facility shall\nrequire the applicant to supply detailed information regarding:\n (a) The location of the proposed facility;\n (b) A description of the design and capacity of the facility;\n (c) The expected sources of natural gas or liquefied natural or\npetroleum gas for the facility, the proposed methods of transporting\nnatural gas or liquefied natural or petroleum gas to and from the\nfacility, and the routes which deliveries will traverse;\n (d) The need for the facility;\n (e) The environmental impacts of the proposed facility;\n (f) A description of reasonable alternative locations for the proposed\nfacility;\n (g) Such other information as the department shall prescribe to allow\nit to render a decision as to whether the proposed liquefied natural or\npetroleum gas facility is necessary and compatible with the surrounding\nenvironment and with the safety of neighboring populations.\n 4. The rules and regulations adopted by the department to implement\nthis title and the provisions of article 70 of this chapter and rules\nand regulations adopted thereunder shall govern environmental safety\npermit applications, renewals, modifications, suspensions and\nrevocations under this title.\n