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 CHANGE IN PROPOSED RULE

DAR File No.: 27429
Filed: 01/12/2005, 09:10
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose is to respond to public comments by adding information supporting the Plan's conclusion that sulfur dioxide levels in Salt Lake County will remain well below the federal health standard through the year 2016.

Summary of the rule or change:

Section R307-110-11 is amended to show that the Plan was adopted by the Air Quality Board on January 5, 2005, instead of December 1, 2004, as originally expected. Amendments in the Plan add to the information supporting the conclusion that the health standard for sulfur dioxide will not be violated through 2016, the Plan horizon. The Plan as proposed for public comment last October documents that sulfur dioxide emissions from Kennecott Utah Copper (KUC) have declined from 250,000 tons per year in the late 1970s to less than 10,000 tons per year since 1996. Additions to the Plan now give more detail about the technological improvements at KUC that achieved these reductions, and delineates the progression of enforceable emission limits at KUC that provide legal certainty that emissions will not increase in the future. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the October 1, 2004, issue of the Utah State Bulletin, on page 37. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

Subsection 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 Plan are changed and thus there is no impact on the State budget.

local governments:

This change will have no effect on any local government, as there is no change in control measures in the Plan.

other persons:

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

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

There is no change in costs to businesses, as there are no changes in any control measures. There have been no violations of the health standard for sulfur dioxide since the early 1980s, and none are anticipated for the future.

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:

03/03/2005

This rule may become effective on:

03/04/2005

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 1, 2004]January 5, 2005, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

KEY: air pollution, PM10, PM2.5, ozone

[2004]2005

Notice of Continuation March 27, 2002

19-2-104(3)(e)

ADDITIONAL INFORMATION

PLEASE NOTE:

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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.