DAR File No. 28821

Environmental Quality, Air Quality

R307-223

Emission Standards: Existing Small Municipal Waste Combustion Units

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 28821
Filed: 06/16/2006, 07:35
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:

Under Section 111(d) of the Clean Air Act (42 U.S.C. 7411(d)), the Environmental Protection Agency (EPA) issues standards of performance for existing sources at the time standards are issued for new sources, and states are required to prepare plans and rules to implement the standards for existing sources. EPA issued standards for existing small municipal waste combustion units (40 CFR Part 60, Subpart BBBB) at 63 FR 76378 on 12/06/2000. Subsection 19-2-104(3)(q) states that the Air Quality Board may "meet the requirements of federal air pollution laws." Rule R307-223, along with the Plan for Existing Small Municipal Waste Combustion Units that is incorporated by reference by Section R307-220-4, implements those regulations in Utah. The only source in Utah that is regulated by the Plan and Rule R307-223 is Wasatch Energy Systems in Davis County.

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.

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

This rule is required by 40 CFR Part 60, Subpart BBBB. It requires that states regulate existing small municipal waste combustion units to ensure that they comply with emission limits for multiple pollutants including such hazardous air pollutants as lead, cadmium, mercury, dioxins, and furans. 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 or Mat E. Carlile at the above address, by phone at 801-536-4042 or 801-536-4136, by FAX at 801-536-0085 or 801-536-0085, or by Internet E-mail at janmiller@utah.gov or MCARLILE@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 or Mat E. Carlile at the above address, by phone at 801-536-4042 or 801-536-4136, by FAX at 801-536-0085 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.