No. 30191: R307-415. Permits: Operating Permit Requirements

DAR File No.: 30191
Filed: 07/13/2007, 08:44
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 19-2-109.1(2)(a) requires that all sources subject to Title V of the Clean Air Act obtain an operating permit, and Rule R307-415 sets forth the requirements and procedures for obtaining the permit. Rule R307-415 is consistent with Title V and with 40 CFR Part 70. Subsection 19-2-109.1(4)(a) states that, [t]he Board shall establish a proposed annual emission fee that conforms to Title V of the 1990 Clean Air Act for each ton of regulated pollutant applicable to all sources required to obtain a permit." Subsection 19-1-201(2)(i) allows the Department of Environmental Quality to establish a schedule of fees for actions and services of the department, which is approved annually by the Legislature.

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 R307-415 was amended once since its last review under DAR No. 28814, effective 09/07/2006. No comments were received.

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

Rule R307-415 is required by Title V of the Clean Air Act and 40 CFR Part 70, and Section 19-2-109.1. The fees required by Rule R307-415 are allowed under Subsection 19-1-201(2)(i). The fees required under Rule R307-415 and approved annually by the Legislature comprise a substantial portion of the budget of the Division of Air Quality. Without these fees, the Division would not be able to issue and enforce operating permits. 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:

Cheryl Heying, Director