No. 39120 (5-year Review): Rule R307-307. Road Salting and Sanding

DAR File No.: 39120
Filed: 02/05/2015 04:42:40 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:

Rule R307-307 sets limits on the sodium chloride, magnesium chloride, calcium chloride, and potassium chloride that may be included in salt used on roads. The limits are needed to reduce the particulate matter that is harmful to human health, and are one of the measures included in Utah's state implementation plan for PM10 and PM2.5. 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."

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 R307-307 has been amended three times since the last five-year review with nonsubstantive changes in 2012 (DAR No. 36628), substantive changes in 2013 (DAR No. 36741), and nonsubstantive changes later in 2013 (DAR No. 37234). Comments were submitted in 2013 regarding the substantive changes being proposed. Those comments were from the Utah Department of Transportation and the Environmental Protection Agency. All comments were suggestions to improve the proposed amendments. No comments were submitted opposing the rule.

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

The limits in this rule are needed to reduce particulate matter, and are one of the measures included in Utah's State Implementation Plan for PM10 and PM2.5 and cannot be deleted without EPA's approval. Therefore, the 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]

Effective:

02/05/2015

Authorized by:

Bryce Bird, Director

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