No. 35786 (5-year Review): Rule R307-341. Ozone Nonattainment and Maintenance Areas:Cutback Asphalt  

  • DAR File No.: 35786
    Filed: 02/01/2012 04:42:42 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:

    Rule R307-341 establishes reasonably achievable control technology (RACT) requirements for the use or application of cutback asphalt in any ozone nonattainment or maintenance areas. The rule is required under the state implementation plan for ozone that is incorporated by reference under Section R307-110-13. The plan is required by the Clean Air Act, 42 USC 7410, to maintain the federal health standard for ozone. 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 and the establishment of the maximum quantity of air contaminants that may be emitted by any air contaminants source. . ." Subsection 19-2-101(2) states "It is the policy of this state and the purpose of this chapter to achieve and maintain levels of air quality which will protect human health and safety. . ."

    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 comments have been received on this rule since its last five-year review.

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

    The rule is required under the state implementation plan for ozone, incorporated by reference under Section R307-110-13. The plan is required under the Clean Air Act, 42 USC 7410; without the state plan, EPA would be required to impose a federal implementation plan. Therefore, this rule should be continued.

    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:

    Authorized by:

    Bryce Bird, Director

    Effective:

    02/01/2012


Document Information

Effective Date:
2/1/2012
Publication Date:
02/15/2012
Filed Date:
02/01/2012
Agencies:
Environmental Quality,Air Quality
Authorized By:
Bryce Bird, Director
DAR File No.:
35786
Related Chapter/Rule NO.: (1)
R307-341. Davis and Salt Lake Counties and Ozone Nonattainment Areas: Cutback Asphalt.