No. 41631 (5-year Review): Rule R307-401. Permit:New and Modified Sources

DAR File No.: 41631
Filed: 05/15/2017 09:47:13 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:

Section 19-2-108 requires a person to give notice to the director if the person is planning to "construct a new installation which will or might reasonably be expected to increase the amount of or change the character or effect of air pollutants discharged." Rule R307-401 sets forth the requirements that the owner or operator of a source of air pollution must address in giving notice to the executive secretary under Section 19-2-108. The Air Quality Board is able to adopt rules that implement Section 19-2-108 because Section 19-2-104 gives the Board the power to control, abate, and prevent air pollution from all sources. A notice requirement and its implementation is a necessary part of controlling, abating, and preventing air pollution. Rule R307-401 is also required by Section II, Review of New and Modified Air Pollution Sources, of the State Implementation Plan (SIP). This SIP is required under Clean Air Act, 42 U.S.C. 7410 and 40 CFR 51.

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

No comments have been received about this rule since its 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 R307-401 is required by Section 19-2-108 and is also required by Section II, Review of New and Modified Air Pollution Sources, of the State Implementation Plan (SIP), which is incorporated by reference under Rule R307-110. This SIP is required under Clean Air Act, 42 U.S.C. 7410 and 40 CFR 51 subpart I. Without the SIP, EPA would be required to impose a federal implementation plan. 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:

• Ryan Stephens at the above address, by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at [e-mail]

Effective:

05/15/2017

Authorized by:

Bryce Bird, Director

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