No. 37266 (Amendment): Section R307-403-10. Analysis of Alternatives

(Amendment)

DAR File No.: 37266
Filed: 02/07/2013 10:16:17 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This section was Section R307-401-19 in Rule R307-401 and is now moved to Rule R307-403 as Section R307-403-10 because the section applies only to major sources or major modifications that are located in a nonattainment area or impact a nonattainment area. Therefore, this Analysis of Alternatives section is more appropriately located in Section Rule R307-403. (DAR NOTE: The proposed amendment to R307-401-19 is under DAR No. 37268 in this issue, March 1, 2013, of the Bulletin.)

Summary of the rule or change:

The "Analysis of Alternatives", Section R307-401-19, is moved from Rule R307-401 to Rule R307-403 as Section R307-403-10.

State statutory or constitutional authorization for this rule:

• Section 19-2-104
• Section 19-2-108

Anticipated cost or savings to:

the state budget:

Because this regulation is already in the Utah Air Quality Rules, there are no anticipated costs or savings to the state budget.

local governments:

Because this regulation is already in the Utah Air Quality Rules, there are no anticipated costs or savings to local government.

small businesses:

Because this regulation is already in the Utah Air Quality Rules, there are no anticipated costs or savings to small businesses.

persons other than small businesses, businesses, or local governmental entities:

Because this regulation is already in the Utah Air Quality Rules, there are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Because this regulation is already in the Utah Air Quality Rules, there are no anticipated costs for affected persons.

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

Because this regulation is already in the Utah Air Quality Rules, this rule amendment will have no fiscal impact on businesses.

Amanda Smith, Executive Director

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:

• Mark Berger at the above address, by phone at 801-536-4000, by FAX at 801-536-0085, 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:

04/01/2013

This rule may become effective on:

05/02/2013

Authorized by:

Bryce Bird, Director

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-403. Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas.

R307-403-10. Analysis of Alternatives.

The owner or operator of a major new source or major modification to be located in a nonattainment area or which would impact a nonattainment area must, in addition to the requirements in R307-403, submit with the notice of intent an adequate analysis of alternative sites, sizes, production processes, and environmental control techniques for such proposed source which demonstrates the benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification. The director shall review the analysis. The analysis and the director's comments shall be subject to public comment as required by R307-401-7. The preceding shall also apply in Salt Lake and Davis Counties for new major sources or modifications which are considered major for precursors of ozone, including volatile organic compounds and nitrogen oxides.

 

KEY: air quality, nonattainment[*], offset[*]

Date of Enactment or Last Substantive Amendment: [May 6, 1999]2013

Notice of Continuation: June 6, 2012

Authorizing, and Implemented or Interpreted Law: 19-2-104; 19-2-108

 

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