No. 29514 (Amendment): R307-110-20. Section XII, Involvement

DAR File No.: 29514
Filed: 02/14/2007, 08:04
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to update Section XII of the Utah State Implementation Plan (SIP) to meet the federal transportation conformity consultation requirements found under 42 U.S.C. 7506 and 40 CFR Part 51.390. This amendment documents Utah's current transportation conformity consultation process so it meets the federal requirements. This amendment replaces the current Section R307-110-20 that incorporates by reference a new Section XII, Transportation Conformity Consultation, of the SIP.

Summary of the rule or change:

The purpose of this amendment is to update Section XII of the Utah SIP to meet the current federal transportation conformity consultation requirements found under 42 U.S.C. 7506 and 40 CFR Part 51.390. These federal provisions require states to develop, as part of the SIP, documentation of the transportation conformity consultation process. This amendment documents Utah's current transportation conformity consultation process so it meets the federal requirements. This amendment replaces the current Section R307-110-20 that incorporates by reference a new Section XII, Transportation Conformity Consultation, of the SIP. The new Section XII outlines the procedures to be followed to address transportation-related issues during SIP development. It also outlines the procedures to be followed in development of conformity determinations on transportation plans, programs, and projects. There are two key elements to the transportation conformity consultation process. The first is involvement of the transportation planning agencies in the development of a SIP for the various criteria pollutants, and the development of the mobile source emissions budget established in that SIP. The second is the conformity demonstration that describes how the projected mobile source emissions from a transportation plan or program will conform to the mobile source budgets established in the SIP. Additionally, a conformity demonstration ensures that transportation control measures specified in a SIP are implemented in a timely fashion. If an agency cannot demonstrate conformity with the SIP, then the affected agencies need to work together to change the Regional Transportation Plan, Transportation Improvement Program, or the SIP.

State statutory or constitutional authorization for this rule:

Subsection 19-2-104(3)(e)

This rule or change incorporates by reference the following material:

State Implementation Plan Section XII, Transportation Conformity Consultation, May 2, 2007

Anticipated cost or savings to:

the state budget:

There is no change in costs for state government, because the new Section XII is documenting the current transportation conformity consultation process.

local governments:

There is no change in costs for local governments, because the new Section XII is documenting the current transportation conformity consultation process.

other persons:

There is no change in costs for other persons, because the new Section XII is documenting the current transportation conformity consultation process.

Compliance costs for affected persons:

There is no change in costs for affected persons, because the new Section XII is documenting the current transportation conformity consultation process.

Comments by the department head on the fiscal impact the rule may have on businesses:

No change in costs is expected for businesses, because the new Section XII is documenting the current transportation conformity consultation process. Dianne R. Nielson, Executive Director

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:

Mat E. Carlile at the above address, by phone at 801-536-4136, by FAX at 801-536-0085, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

04/02/2007

Interested persons may attend a public hearing regarding this rule:

3/15/2007 at 2:30 PM, DEQ Building, 168 N 1950 W, Room 201, Salt Lake City, UT

This rule may become effective on:

04/10/2007

Authorized by:

M. Cheryl Heying, Planning Branch Manager

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-110. General Requirements: State Implementation Plan.

R307-110-20. Section XII, [Involvement]Transportation Conformity Consultation.

The Utah State Implementation Plan, Section XII, [Involvement]Transportation Conformity, as most recently amended by the Utah Air Quality Board on [December 18, 1992]May 2, 2007, pursuant to 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

KEY: air pollution, PM10, PM2.5, ozone

Date of Enactment or Last Substantive Amendment: [June 16, 2006]2007

Notice of Continuation: June 16, 2006

Authorizing, and Implemented or Interpreted Law: 19-2-104(3)(e)