No. 41231 (5-year Review): Rule R307-110. General Requirements: State Implementation Plan

DAR File No.: 41231
Filed: 01/27/2017 09:32:53 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:

Rule R307-110 is authorized by Section 19-2-104. Section 19-2-104 gives the Utah Air Quality Board the power to promulgate rules "regarding the control, abatement, and prevention of air pollution from all sources and the establishment of the maximum quantity of air pollutants that may be emitted by an air pollutant source." Rule R307-110 is the rule that incorporates Utah's State Implementation Plans, which are required by the Federal Clean Air Act, into state law. State Implementation Plans contain provisions that help abate air pollution, set emission limits, and prevent air pollution for the purpose of attaining federal air quality standards. Therefore, Rule R307-110 has been properly enacted under Section 19-2-104.

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

Rule R307-110 has been amended 14 times since the last five-year review in 2012. There have been hundreds of comments on how to improve the State Implementation Plans that the rule incorporates by reference. However, there have been no comments opposing the rule.

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

Rule R307-110 is required by the Federal Clean Air Act. Section 110 of the Clean Air Act requires states to develop State Implementation Plans that demonstrate how the state will meet federal air quality standards. Rule R307-110 is necessary because it incorporates Utah's State Implementation Plans into state law so that the plans can be enforced and Utah can attain federal air quality standards.

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:

• Ryan Stephens at the above address, by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at [e-mail]

Effective:

01/27/2017

Authorized by:

Bryce Bird, Director

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