DAR File No. 27766

Environmental Quality, Air Quality

R307-310-5

Transition Provision

NOTICE OF PROPOSED RULE

DAR File No.: 27766
Filed: 03/15/2005, 04:20
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment to Rule R307-310 adds a new Section R307-310-5 that removes the option to trade between the PM10 and NOx conformity budgets for Salt Lake County after the new conformity budget is approved. The new conformity budget is part of the new PM10 Maintenance Plan (see separate filing in Section R307-110-10, in this issue). (DAR NOTE: The proposed amendment to Section R307-110-10 is under DAR No. 27768 in this issue.)

Summary of the rule or change:

Because the 1991 PM10 SIP did not establish a conformity budget for Salt Lake County, Rule R307-310 was written in 2002. Rule R307-310 also provides a mechanism to trade PM10 for NOx to demonstrate that the Salt Lake County transportation plan conforms to PM10 SIP. The new maintenance plan (see separate filing in Section R307-110-10 in this issue) contains conformity budgets for Salt Lake County. These new conformity budgets use the latest transportation and mobile emission models. Because of improvements in the methods used to develop the proposed conformity budgets, it is no longer necessary to allow trading between the PM10 and NOx budgets. Further, the technical analysis for the proposed maintenance plan does not provide the information needed to establish a trading ratio between pollutants. As a result of these factors, new language was added to provide a mechanism to remove the trading option after a new conformity budget is approved.

State statutory or constitutional authorization for this rule:

Section 19-2-104

Anticipated cost or savings to:

the state budget:

Because this revision does not create any new requirements, no costs or savings are expected to the state budget. The conformity budget will now be part of the new PM10 maintenance plan (see Section R307-110-10).

local governments:

Because this revision does not create any new requirements, no costs or savings are expected for local government. The conformity budget will now be part of the new PM10 maintenance plan.

other persons:

There will be no change in costs for individuals because trading between PM10 and NOx budgets is not needed to demonstrate conformity under the new PM10 maintenance plan, and therefore transportation funding is not vulnerable.

Compliance costs for affected persons:

There will be no change in costs for individuals because trading between PM10 and NOx budgets is not needed to demonstrate conformity under the new PM10 maintenance plan, and therefore transportation funding in not vulnerable.

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

Because this revision does not regulate any businesses, no fiscal impact is expected for businesses. The conformity budget for Salt Lake County will now be located within the PM10 maintenance plan. Dianne R. Nielson, Executive Director

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 or Mat E. Carlile at the above address, by phone at 801-536-4042 or 801-536-4136, by FAX at 801-536-4099 or 801-536-0085, or by Internet E-mail at janmiller@utah.gov or MCARLILE@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:

05/02/2005

Interested persons may attend a public hearing regarding this rule:

4/19/2005 at 10:00 AM, DEQ Bldg, 168 N 1950 W, Room 101, Salt Lake City, UT; 4/20/2005 at 1:30 PM, Utah County Administration Bldg, 100 E Center Street, Suite 2300, Provo, UT; and 4/21/2005 at 6:00 PM, Weber County Bldg, 2380 Washington Blvd, Breakout Room, Ogden, UT

This rule may become effective on:

07/30/2005

Authorized by:

M. Cheryl Heying, Planning Branch Manager

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-310. Salt Lake County: Trading of Emission Budgets for Transportation Conformity.

R307-310-5. Transition Provision.

R307-310, sections 1-4 will remain in effect until the day that EPA approves the conformity budget in the PM10 maintenance plan adopted by the board on June 1, 2005.

KEY: air pollution, transportation conformity, PM10

[May 13, 2002]2005

19-2-104

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Jan Miller or Mat E. Carlile at the above address, by phone at 801-536-4042 or 801-536-4136, by FAX at 801-536-4099 or 801-536-0085, or by Internet E-mail at janmiller@utah.gov or MCARLILE@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.