No. 30705 (Amendment): R307-310-2. Definitions

DAR File No.: 30705
Filed: 11/08/2007, 03:31
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the change is to remove the specific version date for the Code of Federal Regulations (CFR) found in Rule R307-310. The rule will now default to Section R307-101-3 that establishes the version of the CFR that is incorporated throughout Title R307. In a separate rulemaking, the version of the CFR referenced in Section R307-101-3 is being updated to the July 1, 2007, version. This amendment is part of an overall revision to rules that will streamline the process of updating the incorporation by reference of the CFR throughout Title R307 (see separate filings on Rules R307-101, R307-115, R307-170, R307-215, R307-221, R307-222, R307-223, R307-224, R307-417, R307-801, and R307-840 in this issue). If requested, a public hearing will be held Wednesday, 12/19/2007 at 2:00 p.m. in the Main Conference Room of the Environmental Quality Building located at 150 N 1950 W in Salt Lake City. If no request for a public hearing is received by 12/17/2007, the hearing will be canceled. After 12/17/2007, you may go to http://www.airquality.utah.gov/Public-Interest/Public-Commen-Hearings/Pubrule.htm or call 801-536-4136 to determine if the public hearing has been canceled. A request for a public hearing may be submitted by electronic mail to [e-mail] or by calling 801-536-4136. (DAR NOTE: The proposed amendment for Rule R307-101 is DAR No. 30697; the proposed amendment for Rule R307-115 is under DAR No. 30698; the proposed amendment for Section R307-170-7 is under DAR No. 30699; the proposed repeal of Rule R307-215 is under DAR No. 30700; the proposed amendment for Rule R307-221 is under DAR No. 30701; the proposed amendment for Rule R307-222 is under DAR No. 30702; the proposed amendment for Rule R307-223 is under DAR No. 30703; the proposed amendment for Section R307-224-2 is under DAR No. 30704; the proposed amendment for Rule R307-417 is under DAR No. 30706; the proposed amendment for Rule R307-801 is under DAR No. 30707; and the proposed amendment for Rule R307-840 is under DAR No. 30708 all in this issue, December 1, 2007, of the Bulletin.)

Summary of the rule or change:

This amendment removes the specific version date for the CFR in Rule R307-310. The rule will now default to Section R307-101-3 that establishes the version of the CFR that is incorporated throughout Title R307. In a separate rulemaking, the version of the CFR referenced in Section R307-101-3 is being updated to the July 1, 2007, version. There have been four revisions to Part 93 since it was incorporated into Utah's rules: 08/06/2002, 07/01/2004, 05/06/2005, and 03/10/2006. These changes to the federal regulation affect the underlying transportation conformity process, but they do not affect the purpose and implementation of Rule R307-310 that is focused on how to apply the conformity budget in the PM10 SIP for Salt Lake County. In addition, the changes to Part 93 were considered during the adoption of Part XII of the SIP, Transportation Conformity Consultation that was adopted by the Board on 05/02/2007. Therefore, those changes are not described in detail here.

State statutory or constitutional authorization for this rule:

Section 19-2-104

This rule or change incorporates by reference the following material:

40 CFR 93.101, July 1, 2007

Anticipated cost or savings to:

the state budget:

Because these revisions do not create new requirements, no change in costs is expected for the state budget.

local governments:

Because this revision does not create new requirements, no change in costs is expected for local governments.

small businesses and persons other than businesses:

SMALL BUSINESSES: Because this revision does not create new requirements, no change in costs is expected for small businesses. OTHER PERSONS: Because this revision does not create new requirements, no change in costs is expected for other persons.

Compliance costs for affected persons:

Because this revision does not create new requirements, no change in costs is expected for affected persons.

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

This amendment does not create new requirements. Therefore, no additional costs are expected. Richard W. Sprott, 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:

Mat E. Carlile at the above address, by phone at 801-536-4136, 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:

12/31/2007

This rule may become effective on:

02/07/2008

Authorized by:

Bryce Bird, Planning Branch Manager

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-310. Salt Lake County: Trading of Emission Budgets for Transportation Conformity.

R307-310-2. Definitions.

The definitions contained in 40 CFR 93.101, [effective as of July 1, 2001]effective as of the date referenced in R307-101-3, are incorporated into this rule by reference. The following additional definitions apply to this rule.

"Budget" means the motor vehicle emission projections used in the attainment demonstration in the Salt Lake County portion of Section IX, Part A of the State Implementation Plan, "Fine Particulate Matter (PM10)."

"NOx" means oxides of nitrogen.

"Primary PM10" means PM10 that is emitted directly by a source. Primary PM10 does not include particulate matter that is formed when gaseous emissions undergo chemical reactions in the ambient air.

"Transportation Conformity" means a demonstration that a transportation plan, transportation improvement program, or project conforms with the emissions budgets in a state implementation plan, as outlined in 40 CFR, Chapter 1, Part 93, "Determining Conformity of Federal Actions to State or Federal Implementation Plans."

 

KEY: air pollution, transportation conformity, PM10

Date of Enactment or Last Substantive Amendment: [July 7, 2005]2008

Notice of Continuation: September 7, 2005

Authorizing, and Implemented or Interpreted Law: 19-2-104