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DAR File No. 29003

This filing was published in the 02/01/2007, issue, Vol. 2007, No. 3, of the Utah State Bulletin.

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Environmental Quality, Air Quality

R307-325

Ozone Nonattainment and Maintenance Areas: General Requirements

NOTICE OF CHANGE IN PROPOSED RULE

DAR File No.: 29003
Filed: 01/12/2007, 03:11
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this change is to clarify language in Rule R307-325 in response to public comments. This change in proposed rule (CPR) is part of revisions to rules related to the ozone maintenance plan (see separate filings in this issue.) (DAR NOTE: The other CPR filings are under: Sections R307-101-2 (DAR No. 29000) and R307-110-13 (DAR No. 29001); and Rules R307-320 (DAR No. 29002); R307-326 (DAR No. 29006); R307-327 (DAR No. 29004); R307-340 (DAR No. 29009); and R307-343 (DAR No. 29012) in this issue.)

Summary of the rule or change:

The following changes are made to clarify Rule R307-325 in response to public comments: 1) in Section R307-325-1, language added to clarify the purpose statement of Rule R307-325; 2) also in Section R307-325-1, the word "and" is changed to "or"; 3) in Section R307-325-3, the change replaces "which would result in evaporation in excess of that which would result from the application of control technology that is reasonably available considering technological and economic feasibility." with "that would result in greater evaporation of VOCs than would have if reasonably available control technology (RACT) had been applied."; and 4) also in Section R307-325-3, the change adds the acronym of VOCs.

State statutory or constitutional authorization for this rule:

Subsection 19-2-104(1)(a)

Anticipated cost or savings to:

the state budget:

Because these revisions do not create any new requirements, no change in costs is expected to the state budget.

local governments:

Because these revisions do not create any new requirements, no change in costs is expected for local governments.

other persons:

Because these revisions do not create any new requirements, no change in costs is expected for other persons.

Compliance costs for affected persons:

Because these revisions do not create any new requirements, no change in costs is expected for affected persons.

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

Because these revisions do not create new requirements, no change to costs is expected for businesses. 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:

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

This rule may become effective on:

03/06/2007

Authorized by:

M. Cheryl Heying, Planning Branch Manager

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-325. Ozone Nonattainment and Maintenance Areas: General Requirements.

R307-325-1. Purpose.

The purpose of R307-325 is to [E]establish general requirements for control of volatile organic compounds (VOCs) in any nonattainment [and]or maintenance area[s].

R307-325-2. Applicability.

R307-325 applies to all sources located in any nonattainment or maintenance area for ozone.

R307-325-3. Definition and General Requirement.

No person shall allow or cause volatile organic compounds (VOCs) to be spilled, discarded, stored in open containers, or handled in any other manner that would result in greater evaporation of VOCs than would have if reasonably available control technology (RACT) had been applied.[, which would result in evaporation in excess of that which would result from the application of control technology that is reasonably available considering technological and economic feasibility.]

R307-325-4. Compliance Schedule.

All sources within any newly designated nonattainment area for ozone shall be in compliance with this rule within 180 days of the effective date of designation to nonattainment.

KEY: air pollution, emission controls, ozone, RACT

Date of Enactment or Last Substantive Amendment: [2006]2007

Notice of Continuation: August 1, 2003

Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a)

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Mat E. Carlile at the above address, by phone at 801-536-4136, by FAX at 801-536-0085, or by Internet E-mail at MCARLILE@utah.gov  For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764).

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Last modified:  01/31/2007 10:32 AM