No. 36338 (5-year Review): Rule R307-414. Permits: Fees for Approval Orders

DAR File No.: 36338
Filed: 06/06/2012 05:28:02 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:

Subsection 19-1-201(2)(i) allows the Department of Environmental Quality to establish a schedule of fees for actions and services of the department, which is approved annually by the Legislature. Subsection 19- 2-104(3)(o) states that the Air Quality Board may require sources of air pollution to pay a fee sufficient to cover reasonable costs for reviewing and acting upon the notice of intent required by Rule R307-401 and for implementing and enforcing the requirements of the approval order issued to the source. Rule R307-414 sets forth procedures for billing sources of air pollution.

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 review.

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

The fees required by Rule R307-414 are allowed under Subsections 19-1-201(2)(i) and 19- 2-104(3)(o). The fees required in Rule R307-414, which are approved annually by the Legislature, comprise a substantial portion of the budget of the Division of Air Quality. Without these fees, the Division would not be able to review and act upon the source. 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:

• 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]

Authorized by:

Bryce Bird, Director

Effective:

06/06/2012

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