DAR File No. 27429

Environmental Quality, Air Quality

R307-110-11

Section IX, Control Measures for Area and Point Sources, Part B, Sulfur Dioxide

NOTICE OF PROPOSED RULE

DAR File No.: 27429
Filed: 09/15/2004, 12:42
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to add a new subsection IX.B.6, Maintenance Plan for Sulfur Dioxide, that is incorporated by reference under Section R307-110-11. The Plan demonstrates that there will be no violations of the federal health standard for sulfur dioxide. The Plan supports Utah's request to the Environmental Protection Agency (EPA) that Salt Lake and eastern Tooele County be redesignated to attainment.

Summary of the rule or change:

Section R307-110-11 amends the date of adoption by the Air Quality Board to reflect the latest addition to the State Implementation Plan for Sulfur Dioxide that is incorporated by reference under the rule. The additions demonstrate that there have been no violations of the health standard for sulfur dioxide since 1981, and that no violations are expected in the future. Kennecott Utah Copper's smelter, the largest source of sulfur dioxide emissions, has reduced emissions from more than 200,000 tons per year in the late 1970s to less than 20,000 tons per year since the early 1990s.

State statutory or constitutional authorization for this rule:

Subsections 19-2-104(1)(a) and 19-2-104(2)(e)

State Implementation Plan Section IX, Control Measures for Area and Point Sources, Part B, Sulfur Dioxide

Anticipated cost or savings to:

the state budget:

None of the control measures in the existing Plan are changed and thus there is no impact on the State budget.

local governments:

No local government sources are affected by this Plan, and thus there will be no costs to them.

other persons:

There is no change in costs for other persons, as there is no change in the control measures required in the existing Plan.

Compliance costs for affected persons:

There is no change in costs for any affected person, as there is no change in the control measures required in the existing Plan.

Comments by the department head on the fiscal impact the rule may have on businesses:

The major source of emissions of sulfur dioxide was Kennecott Utah Copper, and their emissions are now so low that the health standard for sulfur dioxide is no longer exceeded. No further costs are required by this Plan.

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

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/01/2004

Interested persons may attend a public hearing regarding this rule:

10/20/2004 at 1:30 PM, DEQ building, 168 N 1950 W, Room 201, Salt Lake City, UT

This rule may become effective on:

12/02/2004

Authorized by:

M. Cheryl Heying, Planning Branch Manager

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-110. General Requirements: State Implementation Plan.

R307-110-11. Section IX, Control Measures for Area and Point Sources, Part B, Sulfur Dioxide.

The Utah State Implementation Plan, Section IX, Control Measures for Area and Point Sources, Part B, Sulfur Dioxide, as most recently amended by the Utah Air Quality Board on [December 18, 1992]December 1, 2004, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

KEY: air pollution, particulate matter, ozone

[June 8, ]2004

Notice of Continuation March 27, 2002

19-2-104(3)(e)

ADDITIONAL INFORMATION

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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.