No. 43367 (5-year Review): Rule R307-101. General Requirements

DAR File No.: 43367
Filed: 11/13/2018 10:54:06 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 19-2-104(1)(a) authorizes the Air Quality Board to make rules "...regarding the control, abatement, and prevention of air pollution from all sources." Rule R307-101 includes definitions used throughout all the rules contained in R307 that are written under Section 19-2-104. Without these definitions, the remaining rules would be unenforceable.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

R307-101 has been amended nine times since the last five-year review, five of those amendments were the annual update to the incorporation by reference (DAR 33493, DAR 39352, DAR 40423, DAR 41355, and DAR 42433). DAR 39994 updated this rules reference to the new PM10 Maintenance Plan. DAR 39751 updated this rule to reflect changes to definitions made in H.B. 229, passed during the 2015 General Session. DAR 41814 and DAR 42676 were amendments to definitions. DAR 42676 received one comment and it was addressed in the final adoption. No other comments were received since the last five-year review of this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Section R307-101-2 includes all the definitions that apply throughout all the rules contained in R307. Without them, the remaining rules would be unenforceable, so this rule should be continued. Section R307-101-3 incorporates by reference the most current version of the Code of Federal Regulations cited in many of the Air Quality Rules. In addition, R307-101 is also a component of Utah's State Implementation Plan, which has been federally approved.

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Thomas Gunter at the above address, by phone at 801-536-4419, by FAX at , or by Internet E-mail at [e-mail]

Effective:

11/13/2018

Authorized by:

Bryce Bird, Director

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