Vol. 2007, No. 15 (08/01/2007) PDF - Administrative Rules - Utah.gov

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FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION DAR File No. 30183 necessary to have rules that list certain acts as unprofessional conduct. Therefore, this rule should be continued. THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURING REGULAR BUSINESS HOURS, AT: COMMERCE REAL ESTATE HEBER M WELLS BLDG 160 E 300 S SALT LAKE CITY UT 84111-2316, or at the Division of Administrative Rules. DIRECT QUESTIONS REGARDING THIS RULE TO: Shelley Wismer at the above address, by phone at 801-366- 0145, by FAX at 801-366-0315, or by Internet E-mail at swismer@utah.gov THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURING REGULAR BUSINESS HOURS, AT: ENVIRONMENTAL QUALITY AIR QUALITY 150 N 1950 W SALT LAKE CITY UT 84116-3085, or at the Division of Administrative Rules. 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 MCARLILE@utah.gov AUTHORIZED BY: Cheryl Heying, Director EFFECTIVE: 07/13/2007 AUTHORIZED BY: Derek Miller, Director EFFECTIVE: 07/16/2007 Environmental Quality, Air Quality R307-105 General Requirements: Emergency Controls FIVE YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION DAR FILE NO.: 30183 FILED: 07/13/2007, 08:33 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 19-2-112 allows the executive director of the Department of Environmental Quality, with the concurrence of the Governor, to declare an air pollution emergency and order reductions in emissions of air pollutants. Rule R307-105 establishes the levels of air pollutants that create an emergency, as well as other factors used in determining that an emergency exists. 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 written comments have been received about this rule since its last review. REASONED JUSTIFICATION FOR CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-105 is required under 40 CFR Section 51.151. Therefore, this rule should be continued. Environmental Quality, Air Quality R307-121 General Requirements: Eligibility of Expenditures for Purchase of Vehicles that Use Cleaner Burning Fuels for Corporate and Individual Income Tax Credits FIVE YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION DAR FILE NO.: 30184 FILED: 07/13/2007, 08:36 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: Sections 59-7-605 and 59- 10-1009 authorize income tax credit for those purchasing a new vehicle that uses clean fuels and for those who retrofit a vehicle to use clean fuels. Rule R307-121 sets forth conditions for eligibility and the process of application for corporate and individual income tax credits. SUMMARY OF WRITTEN COMMENTS RECEIVED DURING AND SINCE THE LAST FIVE YEAR REVIEW OF THE RULE FROM INTERESTED PERSONS SUPPORTING OR OPPOSING THE RULE: R307-121 has been amended twice: 1) DAR No. 25495, effective 01/09/2003, and no comments were received during this comment period; and 2) DAR No. 29797, effective 07/13/2007, and no comments were received during this comment period. No other comments were received about this rule since its last review. REASONED JUSTIFICATION FOR CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R307-121 is authorized and required by Sections 59-7-605 and 59-10- 1009. Therefore, this rule should be continued. 62 UTAH STATE BULLETIN, August 1, 2007, Vol. 2007, No. 15
DAR File No. 30185 FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURING REGULAR BUSINESS HOURS, AT: ENVIRONMENTAL QUALITY AIR QUALITY 150 N 1950 W SALT LAKE CITY UT 84116-3085, or at the Division of Administrative Rules. 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 MCARLILE@utah.gov AUTHORIZED BY: Cheryl Heying, Director EFFECTIVE: 07/13/2007 Environmental Quality, Air Quality R307-401 Permit: New and Modified Sources FIVE YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION DAR FILE NO.: 30185 FILED: 07/13/2007, 08:38 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 states that, "[t]he board shall require that notice be given to the executive secretary by any person planning to construct a new installation which will or might reasonably be expected to be a source or indirect source of air pollution or to make modifications to an existing installation which will or might reasonably be expected to increase the amount of or change the character or effect of air contaminants 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. Subsection 19-2-104(3)(q) states that the Air Quality Board may make rules to meet the requirements of federal air pollution laws. Rule R307-401 is also required by Section II, Review of New and Modified Air Pollution Sources, of the State Implementation Plan. This plan is required under the Clean Air Act, 42 U.S.C. 7410 and 40 CFR 51 subpart I. 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 written comments have been received about this rule since its last 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. Rule R307-401 is also required by Section II, Review of New and Modified Air Pollution Sources, of the State Implementation Plan, which is incorporated by reference under Rule R307-110. This plan is required under the Clean Air Act, 42 U.S.C. 7410 and 40 CFR 51 subpart I. Without this plan, 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: ENVIRONMENTAL QUALITY AIR QUALITY 150 N 1950 W SALT LAKE CITY UT 84116-3085, or at the Division of Administrative Rules. 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 MCARLILE@utah.gov AUTHORIZED BY: Cheryl Heying, Director EFFECTIVE: 07/13/2007 Environmental Quality, Air Quality R307-403 Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas FIVE YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION DAR FILE NO.: 30186 FILED: 07/13/2007, 08:39 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 states that, "[t]he board shall require that notice be given to the executive secretary by any person planning to construct a new installation which will or might reasonably be expected to be a source or indirect source of air pollution or to make modifications to an existing installation which will or might reasonably be expected to increase the amount of or change the character or effect of air contaminants discharged..." Rule R307-403 requires sources that expect to locate in nonattainment or maintenance areas, to meet special requirements to ensure that the area continues to make reasonable progress towards attaining and maintaining federal health-based standards. Subsection 19-2-104(3)(q) says the Air Quality Board may make rules to "meet the requirements of federal air pollution laws". Rule R307-403 is also required by Section II, Review of New and Modified Air Pollution UTAH STATE BULLETIN, August 1, 2007, Vol. 2007, No. 15 63
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UTAH STATE BULLETIN OFFICIAL NOTICE
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