No. 30971: R307-310. Salt Lake County: Trading of Emission Budgets for Transportation Conformity

DAR File No.: 30971
Filed: 02/08/2008, 01:51
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) allows the Air Quality Board to 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." In addition, Subsection 19-2-104(3)(e) allows the Board to "...prepare and develop a comprehensive plan or plans for the prevention, abatement, and control of air pollution in this state." Rule R307-310 protects the public health by setting forth a mechanism to trade PM10 for NOx to demonstrate conformity with Salt Lake County PM10 SIP.

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 R307-310 was amended once since the last five-year review under DAR No. 30705. No comments were received on that amendment. No other comments have been received since the last five-year review.

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

Rule R307-310 establishes a conformity budget for Salt Lake County because the PM10 SIP did not. This budget allows continued funding of transportation projects in Salt Lake County. Rule R307-310 will no longer be needed after the EPA approves the new conformity budget, which is established in the PM10 maintenance plan adopted by the Air Quality Board on 07/06/2005. In addition, Rule R307-310 is a component of Utah's State Implementation Plan, and cannot be deleted without EPA approval. 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 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]

Authorized by:

Bryce Bird, Planning Branch Manager