No. 37988 (Amendment): Section R307-110-10. Section IX, Control Measures for Area and Point Sources, Part A, Fine Particulate Matter

(Amendment)

DAR File No.: 37988
Filed: 09/12/2013 12:42:17 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In 2006, EPA tightened the 24-hour PM2.5 national ambient air quality standard from 65 to 35 micrograms per cubic meter. Currently, seven Utah counties have been found by EPA to not meet the standard. The Utah Air Quality Board is proposing to expand Section IX, Part A of the State Implementation Plan (SIP) to address PM2.5. The new Section IX, Part A of the SIP needs to be incorporated into the Utah Air Quality rules. Section R307-110-10 currently does this. Both the SIP and the rule will have simultaneous public comment periods beginning October 1.

Summary of the rule or change:

The amendment changes the date of Section IX, Part A of the SIP most recently adopted by the Air Quality Board that is incorporated into the Utah Air Quality Rules. Section IX, Part A of the SIP is amended to add two sections to address PM2.5 in the Salt Lake City, UT and Provo, UT nonattainment areas. The new sections identify PM2.5 control strategies, the impact the control strategies have on PM2.5 concentrations in the nonattainment areas, and show how each area will meet the 2006 PM2.5 NAAQS by 2019.

State statutory or constitutional authorization for this rule:

• Subsection 19-2-104(3)(e)

This rule or change incorporates by reference the following material:

• Updates Utah State Implementation Plan Section IX, Control Measures for Area and Point Sources, Part A, Fine Particulate Matter, published by State of Utah Division of Air Quality, 12/04/2013

Anticipated cost or savings to:

the state budget:

No costs or savings are anticipated with this rule change. No new requirements were created with this rule change that impact the state budget.

local governments:

No costs or savings are anticipated with this rule change. No new requirements were created with this rule change that impact local government.

small businesses:

No costs or savings are anticipated with this rule change. No new requirements were created with this rule change that impact small businesses. There are, however, costs associated with several of the control strategies that are in the State Implementation Plan (SIP) being incorporated into this rule. Many of the control strategies have been promulgated in the form of administrative rules, and cost information for those rules is addressed in each of those rule's individual rule analysis forms. Any of the costs associated with the individual RACT analysis will be addressed in the administrative documentation for Part H of the SIP when it is incorporated into the rules.

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

No costs or savings are anticipated with this rule change. No new requirements were created with this rule change that impact persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

No costs or savings are anticipated with this rule change. No new requirements were created with this rule change that impact small businesses. There are, however, compliance costs associated with several of the control strategies that are in the State Implementation Plan (SIP) being incorporated into this rule. Many of the control strategies have been promulgated in the form of administrative rules, and cost information for those rules is addressed in each of those rule's individual Rule Analysis Forms. Any of the costs associated with the individual RACT analysis will be addressed in the administrative documentation for Part H of the SIP when it is incorporated into the rules.

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

No costs or savings are anticipated with this rule change. No new requirements were created with this rule change that impact small businesses. There are, however, compliance costs associated with several of the control strategies that are in the State Implementation Plan (SIP) being incorporated into this rule. Many of the control strategies have been promulgated in the form of administrative rules, and cost information for those rules is addressed in each of those rule's individual Rule Analysis Forms. Any of the costs associated with the individual RACT analysis will be addressed in administrative documentation for Part H of the SIP when it is incorporated into the rules.

Amanda Smith, Executive Director

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

Environmental Quality
Air QualityRoom Fourth Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Mark Berger at the above address, by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at [e-mail]

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:

10/31/2013

Interested persons may attend a public hearing regarding this rule:

• 10/15/2013 10:00 AM, DEQ Board Room, 195 N 1950 W, Room #1015, Salt Lake City, UT
• 10/09/2013 09:00 AM, Utah County Commission Chambers, 100 E Center Street, Suite #1400, Provo, UT
• 10/08/2013 10:00 AM, Weber-Morgan Health Department Auditorium, 477 E 23rd Street, Ogden, UT

This rule may become effective on:

12/05/2013

Authorized by:

Bryce Bird, Director

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-110. General Requirements: State Implementation Plan.

R307-110-10. Section IX, Control Measures for Area and Point Sources, Part A, Fine Particulate Matter.

The Utah State Implementation Plan, Section IX, Control Measures for Area and Point Sources, Part A, Fine Particulate Matter, as most recently amended by the Utah Air Quality Board on [November 6, 2013]December 4, 2013, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

KEY: air pollution, PM10, PM2.5, ozone

Date of Enactment or Last Substantive Amendment: 2013

Notice of Continuation: February 1, 2012

Authorizing, and Implemented or Interpreted Law: 19-2-104(3)(e)

 

---