DAR File No. 27218

Environmental Quality, Air Quality

R307-420

Permits: Ozone Offset Requirements in Davis and Salt Lake Counties

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 27218
Filed: 06/08/2004, 01:03
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:

The purpose of Rule R307-420 is to ensure that the installation of large new and modified sources of the pollutants that are precursors to ozone formation do not cause increases in those pollutants in Davis and Salt Lake Counties. The mechanism to ensure this is a requirement that large new or modified sources of those pollutants offset their increases. For increases in nitrogen oxides, the offset ratio is 1.15:1; for volatile organic compounds, the ratio is 1.2:1. This provision is needed because ozone levels in Davis and Salt Lake Counties have exceeded the federal health standard for ozone in the past. Subsection 19-2-104(1) says that the Air Quality Board may make rules "(a) regarding the control, abatement, and prevention of air pollution from all sources and the establishment of the maximum quantity of air contamination that may be emitted by any air contaminant source." Subsection 19-2-104(3)(q) says the Air Quality Board may make rules to "meet the requirements of federal air pollution laws."

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 and the rule has not been amended in the last five years.

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

The rule is required under the state implementation plan for ozone, incorporated by reference under Section R307-110-13. The plan is required under the Clean Air Act, 42 U.S.C. 7410; without the state plan, the EPA is required to put in place its own plan, 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:

Direct questions regarding this rule to:

Jan Miller at the above address, by phone at 801-536-4042, by FAX at 801-536-4099, or by Internet E-mail at janmiller@utah.gov

Authorized by:

M. Cheryl Heying, Planning Branch Manager

ADDITIONAL INFORMATION

PLEASE NOTE:

• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Jan Miller at the above address, by phone at 801-536-4042, by FAX at 801-536-4099, or by Internet E-mail at janmiller@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.