No. 36339 (5-year Review): Rule R307-415. Permits: Operating Permit Requirements

DAR File No.: 36339
Filed: 06/06/2012 05:29:17 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 19-2-109.1(2)(a) requires all sources subject to Title V of the Clean Air Act to 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. Subsection 19-2-109.1(4)(a) states that, "[t]he Board shall establish a proposed annual emission fee that conforms to Title V of the 1990 Clean Air Act for each ton of regulated pollutant applicable to all sources required to obtain a permit." 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.

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

Rule R307-415 has been amended three times since the last five-year review, and also in 2011, the Air Quality Board proposed amendments to the rule, but due to comments received during the public comment period, decided to let the time for adoption of those amendments lapse, and not adopt the proposed rule. The 2011 proposed amendment was in response to a comment, submitted by the Air Permitting Forum, which suggested that Rules R307-415 and R307-405 should have language that made them valid based on the on-going validity of the federal rules. If any federal or judicial action affected the validity of the federal rules, they felt that the corresponding state rules should not continue to be enforceable. The Air Quality Board believed that the Air Permitting Forum's comments had some validity and proposed amendments to Rules R307-415 and R307-405 that would have invalidated the permitting provisions of the rules in the event of changes in federal regulations or judicial determinations on the matter. During this public comment period, the Division of Air Quality (DAQ) received several comments, all opposed to the proposed rules. In total, DAQ received 13 comments from the general public expressing their general disapproval of the proposed rule; eight comments from interest groups that all opposed the proposed rule; and a comment from EPA, which recommended that DAQ consider staying the adoption of the proposed rule until EPA could provide its national position on contingency clauses. On 04/23/2012, DAQ received a Petition for Rule Change for Rule R307-415 from Uranium Watch. The Petition for Rule Change requested the rule be amended to allow public input on applications to increase radon emissions at uranium mines and mills; to require DAQ to post applications and announce its approval of new radon emissions sources; and to require DAQ to hold hearings near the source of radon emissions to inform the public and receive comments. The process of responding to this request has not yet been completed.

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

Rule R307-415 is required by Title V of the Clean Air Act; 40 CFR Part 70; and Section 19-2-109.1 of the Utah Code. The fees required by Rule R307-415 are allowed under Subsection 19-1-201(2)(i) and are approved annually by the Legislature. They comprise a substantial portion of the budget of DAQ. Without these fees, DAQ would not be able to issue and enforce operating permits. 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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