No. 41193 (5-year Review): Rule R317-12. Certification of Water Pollution Control Facility or Freestanding Pollution Control Property

DAR File No.: 41193
Filed: 01/17/2017 04:51:22 PM

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:

The statutory provisions under which the rule is enacted is Title 19, Chapter 12, the Pollution Control Act, in which Subsection 19-12-305(2) defines rulemaking authority. These provisions require the rule because they allow for tax relief to industries that have obtained certification for a pollution control facility from a state agency. Rule R317-12 is the mechanism for how the Utah Division of Water Quality determines whether a pollution control facility is eligible for certification.

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

No written comments have been received by the Utah Division of Water Quality since the last five-year review, nor when Rule R317-12 was amended 08/27/2014 in response to H.B. 31 (2014).

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

The rule should be continued because it provides guidance to companies as to whether their pollution control facility is eligible for certification from the Utah Division of Water Quality.

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

Environmental Quality
Water QualityRoom DEQ, Third Floor
195 N 1950 W
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Judy Etherington at the above address, by phone at 801-536-4344, by FAX at 801-536-4301, or by Internet E-mail at [e-mail]

Effective:

01/17/2017

Authorized by:

Walter Baker, Director

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