No. 26940: R307-415. Permits: Operating Permit Requirements

DAR File No.: 26940
Filed: 02/09/2004, 04:27
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 19-2-109.1(2)(a) requires that all sources subject to Title IV or V of the Clean Air Act obtain an operating permit, and Rule R307-415 sets forth the requirements and procedures for obtaining the permit. Rule R307-415 is consistent with Title V and with 40 CFR Part 70.

 

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

Written comments were received only during the public comment period when amendments were proposed. For the amendment under DAR No. 22045, effective July 15, 1999, no comments were received. For the amendment under DAR No. 22606, effective April 6, 2000, the Utah Industrial Environmental Coalition (UIENC) and Kennecott Utah Copper Corporation each submitted comments supporting the proposed changes. For the amendment under DAR No. 23096, effective December 7, 2000, no comments were received. For the amendment under DAR No. 24492, effective August 1, 2002, a comment requested that the rule allow refunds and that the language regarding credits should be stricken. The Board adopted the amendment with language allowing a refund, and allowing it to be issued in the same year that the credit became available and the refund was requested. For the amendment under DAR No. 24491, effective May 13, 2002, the only written comment was from Kennecott Utah Copper Corporation supporting the rule change and noting that this change means that Kennecott will no longer need to apply for a variance annually.

 

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

Title V of the Clean Air Act (42 U.S.C 7661, et seq.) specifies the requirements for an operating permit program to be operated by states for certain sources of air pollution. If states choose not to operate their own program, or do not establish a program that meets the Clean Air Act requirements, then the federal Environmental Protection Agency will establish the program. Utah's program is defined under Section 19-2-109.1, and is implemented by Rule R307-415 and therefore 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