No. 26946 (Amendment): R307-110-28. Regional Haze

DAR File No.: 26946
Filed: 02/11/2004, 02:19
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the amendment is to bring Section XX, the Regional Haze, in the State Implementation Plan (SIP), into alignment with amendments to the federal regional haze rule, 40 CFR 51.309(d)(5) that were promulgated on December 22, 2003, and to add a paragraph in the plan clarifying that the declining milestones for sulfur dioxide emissions from stationary sources meet the requirements of the federal rule for all Class I areas through 2018.

 

Summary of the rule or change:

The proposed change in Section R307-110-28 is to change the date of most recent adoption of the SIP to May 5, 2004, the expected date of adoption by the Air Quality Board. Two changes are made in the Regional Haze plan that is incorporated by reference under Section R307-110-28. The first is to replace the mobile source chapter of the plan to meet the federal requirements published on December 22, 2003 (68 FR 71009). The Air Quality Board adopted Utah's SIP for regional haze on November 17, 2003 (DAR No. 26616; a change in proposed rule (CPR) published in the December 1, 2003, Bulletin). Two versions of the chapter addressing vehicle pollution were considered during the public comment period; one addressed the original language of 40 CFR 51.309(d)(5), and the other addressed the requirements of a proposed revision to the federal rule. The Board adopted the chapter addressing the original language because the federal revision had not been promulgated by November 17, 2003, when the Board adopted the plan. This amendment to the plan deletes the original version of the chapter addressing pollution from vehicles and adds the chapter addressing the new federal requirements. The second change is the addition of a paragraph clarifying that the plan's declining milestones for sulfur dioxide emissions from large stationary sources meet the requirements of the federal rule for all Class I areas through 2018. Technical analysis to support that statement is included in the Technical Support Document prepared with the plan adopted on November 17, 2003.

 

State statutory or constitutional authorization for this rule:

Subsection 19-2-104(3)(q)

 

This rule or change incorporates by reference the following material:

State Implementation Plan, Section XX, Regional Haze (May 5, 2004, edition)

 

Anticipated cost or savings to:

the state budget:

The changes in the plan do not change costs to the state budget. Under both versions, Utah is required to submit to EPA emissions inventory information and to assess the impact every five years of vehicle emissions on visibility in the 16 Class I areas on the Colorado Plateau.

 

local governments:

None of the changes affect local governments, and there is no cost to them.

 

other persons:

There are no changes in costs or benefits. No costs to vehicle owners were anticipated in the original plan, and the proposed revisions to the mobile sources chapter do not change that assessment. As for the stationary source chapter, the revision is a clarification in the language and does not change anticipated costs or benefits.

 

Compliance costs for affected persons:

There are no affected persons and thus no costs or benefits. No costs to vehicle owners were anticipated in the original plan, and the revisions to the mobile sources chapter do not change that assessment. As for the stationary source chapter, these are clarifications in the language and do not change anticipated costs or benefits.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no affected businesses and thus no costs or benefits. No costs to vehicle owners were anticipated in the original plan, and the revisions to the mobile sources chapter do not change that assessment. As for the stationary source chapter, these are clarifications in the language and do not change anticipated costs or benefits.

 

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]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/31/2004

 

Interested persons may attend a public hearing regarding this rule:

3/24/2004 at 1:30 PM, DEQ Building, 168 N 1950 W, Room 201, Salt Lake City, UT

 

This rule may become effective on:

05/05/2004

 

Authorized by:

M. Cheryl Heying, Planning Branch Manager

 

 

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-110. General Requirements: State Implementation Plan.

R307-110-28. Regional Haze.

The Utah State Implementation Plan, Section XX, Regional Haze, as most recently amended by the Utah Air Quality Board on [November 17, 2003]May 5, 2004, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

KEY: air pollution, particulate matter, ozone

[2003]2004

Notice of Continuation March 27, 2002

19-2-104(3)(e)