No. 42669 (5-year Review): Rule R307-801. Utah Asbestos Rule

DAR File No.: 42669
Filed: 03/08/2018 11:33:38 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:

Subsection 19-2-104(1)(d) states that the Air Quality Board may make rules to implement Subchapter II, Asbestos Hazard Emergency Response, of the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); 40 CFR Part 763, Asbestos; 40 CFR Part 61 National Emission Standards for Hazardous Air Pollutants, Subpart M, National Emission Standard for Asbestos; and to review and approve asbestos management plans submitted by local education agencies. Subsections 19-2-104(3)(b) allow the Board to establish work practice, certification, and clearance air sampling requirements for persons who: (A) contract to conduct demolition, renovation, salvage, encapsulation work involving friable asbestos-containing materials, or asbestos inspections; or (B) conduct such work in areas to which the public has access or in school buildings subject to Asbestos Hazard Emergency Response Act of 1986 (AHERA); and to establish certification requirements for inspectors, management planners, abatement project designers, contractors, or workers under AHERA. Rule R307-801 establishes procedures and requirements for asbestos projects and training programs, for certification of persons engaged in asbestos activities, and work practice standards for such work.

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

On 03/25/2015, H.B. 229, Air Quality Modifications, was signed into law. H.B. 229 (2015) revised the statutory definition of Asbestos and modified what suspect asbestos-containing materials need to be inspected for in residential structures. Rule R307-801 was amended to reflect the changes enacted by H.B. 229, as well as modifications recommended by the Division of Air Quality (Division) staff and the regulated community to help the Division administer the Utah Asbestos Program. Five comments were received and addressed during that rule amendment process. No comments have been received in support of or in opposition to this rule since the 2016 amendment was adopted.

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

Without Rule R307-801, Utah would not have authority to implement the federal asbestos requirements and implementation would be carried out by the Environmental Protection Agency. The specific authorizations in Subsections 19-2-104(1)(d) and 19-2-104(3)(a) and (b) clearly indicate that the Legislature prefers that the Division of Air Quality implement the program. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Thomas Gunter at the above address, by phone at 801-536-4419, by FAX at , or by Internet E-mail at [e-mail]

Effective:

03/08/2018

Authorized by:

Bryce Bird, Director

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