No. 26939: R307-214. National Emission Standards for Hazardous Air Pollutants .

DAR File No.: 26939
Filed: 02/09/2004, 04:26
Received by: NL

 

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) allows the Air Quality Board to make rules regarding the control, abatement, and prevention of air pollution from all sources and establishing the maximum quantity of air contaminants that may be emitted by any source. Rule R307-214 incorporates by reference the federal standards for emissions of hazardous pollutants from various sources.

 

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 in the last five years except when the rule has been amended. The rule was amended effective November 1, 2000 (DAR No. 23014). No one attended the public hearing and no public comments were received. The rule was also amended effective June 17, 2003 (DAR No. 25825). No public comments were received during the hearing and one public comment was received from Kennecott supporting Utah's incorporation by reference of the NESHAPs in order to maintain state primacy; Kennecott pointed out that their facility is not subject to the Primary Copper Smelter MACT. Finally, Rule R307-214 was amended effective October 2, 2003 (DAR No. 26468). No comments were received.

 

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

Incorporating federal rules into the Utah rules allows enforcement by staff of the Utah Division of Air Quality rather than by the federal Environmental Protection Agency and 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 Quality
150 N 1950 W
SALT LAKE CITY UT 84116-3085

 

Direct questions regarding this rule to:

Jan Miller at the above address, by phone at 801-536-4042, by FAX at 801-536-4099, or by Internet E-mail at [e-mail]

 

Authorized by:

M. Cheryl Heying, Planning Branch Manager