No. 28815: R307-101. General Requirements

DAR File No.: 28815
Filed: 06/16/2006, 07:31
Received by: NL

 

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 19-2-104(1)(a) states that the Air Quality Board may make rules "regarding the control, abatement, and prevention of air pollution from all sources and the establishment of the maximum quantity of air contaminants that may be emitted by any air contaminant source." Rule R307-101 includes a general introduction to air quality rules in Utah in Section R307-101-1. Section R307-101-2 includes definitions used throughout all other Title R307 rules. Definitions are an important part of the rules to control, abate, and prevent air pollution and thus are authorized by Section 19-2-104.

 

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 comments have been received outside the comment period when Rule R307-101 has been amended. The rule has been revised five times since its last review on 06/05/2003: 1) DAR No. 26651, published 10/01/2003; no comments were received. 2) DAR No. 27755, published 04/01/2005; several comments were received from the Environmental Protection Agency (EPA). EPA noted that there is no provision in the Clean Air Act for the definition of "Baseline Date" that was proposed for public comment; the Board kept the definition as it was proposed, because the EPA definition does not protect air quality in areas that are moving from nonattainment to attainment. EPA also requested that Utah provide a description of the term "EPA Method 9"; in response, the Division of Air Quality (DAQ) pointed out that Method 9 is a federal reference test method delineated in 40 CFR Part 60, and is incorporated by reference in Rule R307-210. 3) DAR No. 27818, published 05/01/2005; no comments were received. 4) DAR No. 28029, published 07/01/2005; no comments were received. 5) DAR No. 28545, published 04/01/2006; no comments were received.

 

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

Many of the terms defined in Section R307-101-2 are used in more than one other Title R307 rule. Without the definitions, the other rules would be meaningless. It is essential that Rule R307-101 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 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 801-536-0085, or by Internet E-mail at [e-mail]

 

Authorized by:

M. Cheryl Heying, Planning Branch Manager