No. 29227 (Amendment): R307-110-36. Section XXII, Interstate Transport

DAR File No.: 29227
Filed: 11/15/2006, 11:11
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to add a new Subsection XXII to the State Implementation Plan (SIP) that is incorporated by reference by Rule R307-110.

Summary of the rule or change:

This amendment adds a new Section R307-110-36 that incorporates by reference a new Section XXII, Interstate Transport, of the SIP. When a new National Ambient Air Quality Standard (NAAQS) is promulgated, the Clean Air Act requires states to submit a SIP under section 110(a)(2)(D)(i) to address interstate transport of emissions that would affect nonattainment and maintenance areas in neighboring states, as well as prevention of significant deterioration (PSD) and visibility programs. Proposed SIP XXII relies on computer modeling conducted by the Environmental Protection Agency (EPA) in developing its Clean Air Interstate Rule; the modeling indicates that emissions from seven western states including Utah do not affect nonattainment and maintenance areas for PM2.5 and ozone in other states. EPA's guidance indicates that states such as Utah with EPA-approved PSD programs do not interfere with similar programs in other states. Finally, EPA's guidance states that visibility effects are still being analyzed as part of SIPs to address regional haze that are due in December 2007, and states may indicate now that they do not know their impact on visibility.

State statutory or constitutional authorization for this rule:

Subsection 19-2-104(3)(e)

This rule or change incorporates by reference the following material:

State Implementation Plan Section XXII, Interstate Transport

Anticipated cost or savings to:

the state budget:

There is no change in costs for state government, because the new SIP does not add any control measures.

local governments:

There is no change in costs for local governments, because the new SIP does not add any control measures.

other persons:

There is no change in costs for other persons, because the new SIP does not add any control measures.

Compliance costs for affected persons:

There is no change in costs for affected persons, because the new SIP does not add any control measures.

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

There is no change in costs for state government, because the new SIP does not add any control measures. Dianne R. Nielson, 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 Quality
150 N 1950 W
SALT LAKE CITY UT 84116-3085

Direct questions regarding this rule to:

Jan Miller at the above address, by phone at 801-536-4042, 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:

01/02/2007

Interested persons may attend a public hearing regarding this rule:

12/21/2006 at 1:30 PM, Division of Air Quality, 150 N 1950 W, Main Conference Room, Salt Lake City, UT

This rule may become effective on:

02/07/2007

Authorized by:

M. Cheryl Heying, Planning Branch Manager

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-110. General Requirements: State Implementation Plan.

R307-110-36. Section XXII, Interstate Transport.

The Utah State Implementation Plan, Section XXII, Interstate Transport, as most recently adopted by the Utah Air Quality Board on February 7, 2007, 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: [December 6, 2006]2007

Notice of Continuation: June 16, 2006

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