No. 36336 (5-year Review): Rule R307-406. Visibility  

  • DAR File No.: 36336
    Filed: 06/06/2012 05:25:04 PM

    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:

    Section 19-2-108 states that "The board shall require that notice be given to the executive secretary by any person planning to construct a new installation which will or might reasonably be expected to be a source or indirect source of air pollution or to make modifications to an existing installation which will or might reasonably be expected to increase the amount of or change the character or effect of air contaminants discharged..." Rule R307-406 sets forth the criteria to be used by the Division of Air Quality in notices of intent to construct under Rule R307-401 for new or modified major sources whose air pollution may affect visibility in Utah's Class I areas--Zion, Bryce, Capitol Reef, Arches, and Canyonlands National Parks. Subsection 19-2-104(3)(q) states that the Air Quality Board may make rules to "meet the requirements of federal air pollution laws." Rule R307-406 is also required by Section XVII, Visibility Protection, of the State Implementation Plan. This plan is required under Clean Air Act, 42 U.S.C. 7410 and 40 CFR 51 subpart P.

    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 about this rule since its last five-year review.

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

    Rule R307-406 is required by Section 19-2-108 and by Section XVII, Visibility Protection, of the State Implementation Plan (SIP), which is incorporated by reference under Rule R307-110. The SIP is required under Clean Air Act, 42 U.S.C. 7410 and 40 CFR 51 subpart P. Without the SIP, EPA would be required to impose a federal implementation plan. 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 QualityRoom Fourth Floor
    195 N 1950 W
    SALT LAKE CITY, UT 84116-3085

    Direct questions regarding this rule to:

    Authorized by:

    Bryce Bird, Director

    Effective:

    06/06/2012


Document Information

Effective Date:
6/6/2012
Publication Date:
07/01/2012
Filed Date:
06/06/2012
Agencies:
Environmental Quality,Air Quality
Authorized By:
Bryce Bird, Director
DAR File No.:
36336
Related Chapter/Rule NO.: (1)
R307-406. Visibility.