DAR File No. 29655

Environmental Quality, Air Quality

R307-220

Emission Standards: Plan for Designated Facilities

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 29655
Filed: 03/15/2007, 07:34
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)(q) allows the Air Quality Board to implement the requirements of federal air pollution laws. Under Section 111(d) of the Clean Air Act (42 U.S.C. 7411(d)), the Environmental Protection Agency 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. Rule R307-220 incorporates by reference the Utah Plans written to meet this requirement.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The rule has been amended twice since its last five-year review. The first amendment was under DAR No. 25087, and was effective 10/03/2002. The only comment came from Wasatch Energy Systems in support of the proposed amendment. The second amendment was under DAR No. 29229 (still in process). One comment was received. COMMENT: The commenter agrees with and supports the notion of incorporating Utah's Designated Facilities Plan by reference, and would recommend finalizing the rule after amending the Designated Facilities Plan to address some of its concerns with regard to the allocation methodology; Section IV paragraph 3(e)(ii)(A) in particular (The Intermountain Power Service Corporation). RESPONSE: Staff agreed and made the changes throughout Section IV of the Designated Facilities Plan. No other comments were received about this rule since its last review.

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

Rule R307-220 is required by 42 U.S.C. 7411(d) (Clean Air Act 111(d)). 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:

Environmental Quality
Air Quality
150 N 1950 W
SALT LAKE CITY UT 84116-3085

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

Authorized by:

M. Cheryl Heying, Planning Branch Manager