No. 37901 (5-year Review): Rule R307-123. General Requirements: Clean Fuels and Vehicle Technology Grant and Loan Program

DAR File No.: 37901
Filed: 08/08/2013 08:44:09 AM

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:

The Clean Fuels and Vehicle Technology Program Act, Sections 19-1-401 through 19-1-405, creates the Clean Fuels and Vehicle Technology Fund in Section 19-1-403. Section 19-1-405 authorizes the Air Quality Board to make rules to establish state-wide eligibility requirements for technologies qualified to be awarded grant and loan monies from the Fund.

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

There have been no amendments to this rule since it was adopted in 2008. When the rule was first adopted, the Division of Air Quality (DAQ) received comments recommending that the Board should extend the grant and loan program, as well as the alternative fuel tax credits to include vehicles that have been granted testing exemptions from EPA and to allow the seller of a vehicle to capture the tax credit in the event the buyer of the vehicle is a non-taxpaying entity.

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

The Air Quality Board created Rule R307-123 to specify the requirements of the program as outlined in Sections 19-1-401 through 19-1-405. The rule defines certification criteria and proof of purchase requirements for eligible technology. Rule R307-123 allows the DAQ to administer this program. 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:

08/08/2013

---