DAR File No. 28822

Environmental Quality, Air Quality

R307-110

General Requirements: State Implementation Plan

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 28822
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:

Subsection 19-2-104(3)(e) states that the Air Quality Board may "prepare and develop a comprehensive plan or plans for the prevention, abatement, and control of air pollution in the state." Each section of Rule R307-110 incorporates by reference such a plan.

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 comments have been received outside the comment period when Rule R307-110 has been amended. The rule has been amended once since its last review, under DAR No. 28545 that was published on 04/012006, and no comments were received.

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

The federal Clean Air Act requires states to adopt and enforce plans to reduce air pollution to levels that meet federal health standards, and to maintain those protective levels. If a state fails to adopt and enforce such a plan, then the federal government imposes a federal plan. Utah has preferred to adopt its own locally-developed plans, and to incorporate them by reference into Utah's rules in order that the plans are enforceable. Therefore, it is crucial that Rule R307-110 be continued, so that requirements of the plans are enforceable.

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.