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

DAR File No. 30189
FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION
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
R307-406 sets forth the criteria to be used by the Division of
Air Quality in notices of intent to construct under Rule R307-
401 for new or modified major sources whose air pollution
may affect visibility in Utah's Class I areas--Zion, Bryce,
Capitol Reef, Arches, and Canyonlands National Parks.
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 R307-406 is also required by Section
XVII, Visibility Protection, of the State Implementation Plan.
This plan is required under the Clean Air Act, 42 U.S.C. 7410
and 40 CFR 51 subpart P.
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 R307-406 is required
by Section 19-2-108. Rule R307-406 is also required by
Section XVII, Visibility Protection, of the State Implementation
Plan, which is incorporated by reference under Rule R307-
110. This plan is required under Clean Air Act, 42 U.S.C.
7410 and 40 CFR 51 subpart P. 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
R307-410
Permits: Emission Impact Analysis
FIVE YEAR NOTICE OF REVIEW AND
STATEMENT OF CONTINUATION
DAR FILE NO.: 30189
FILED: 07/13/2007, 08:42
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..."
Subsection 19-2-104(1) states that the Air Quality Board may
make rules "(a) regarding the control, abatement, and
prevention of air pollution from all sources..." Rule R307-410
establishes procedures and requirements for evaluating the
expected impact of emissions from new or modified sources
that require an approval order under Rule R307-401. Rule
R307-410 also establishes the procedures and requirements
for evaluating the impact of emissions of hazardous air
pollutants. These evaluations help to determine the control
requirements necessary to attain and maintain the federal
health standards for air quality. 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 R307-410 is
also required by Section II, Review of New and Modified Air
Pollution Sources and Section XVIII, Demonstration of GEP
Stack Height, 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, and 40 CFR 51.118.
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 R307-410 is required
by Section 19-2-108. Rule R307-410 is also required by
Section II, Review of New and Modified Air Pollution Sources
and Section XVIII, Demonstration of GEP Stack Height, of the
State Implementation Plan, which are 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,
and 40 CFR 51.118. Without this plan, EPA would be
required to impose a federal implementation plan. Therefore,
this rule should be continued.
UTAH STATE BULLETIN, August 1, 2007, Vol. 2007, No. 15 65