DAR File No. 29661

Environmental Quality, Air Quality

R307-101

General Requirements

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 29661
Filed: 03/15/2007, 07:40
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(1)(a) authorizes the Air Quality Board to make rules "...regarding the control, abatement, and prevention of air pollution from all sources...." Other components of Section 19-2-104 authorize the Board to make rules affecting specific sources of air pollution. Rule R307-101 includes definitions used throughout all the rules contained in Title R307 that are written under Section 19-2-104. Without these definitions, the remaining rules would be unenforceable.

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

Rule R307-101 has been amended once since its last five-year review (under DAR No. 29000, effective 03/09/2007). One comment was received on that amendment. COMMENT: The current rule makes it clear that all of Salt Lake County is included {in the SO2 maintenance area), but only the elevated part of the east side of Tooele County is included. It seems that the proposed wording leaves it uncertain what "above 5600 feet" modifies just the eastern portion of Tooele County (as the Division of Air Quality apparently intends), or that plus Salt Lake County. To ensure that it is clear that all of Salt Lake County will no longer be considered nonattainment for SO2 (after EPA approves the SO2 Maintenance Plan), KUCC suggests the phrase "All of" be inserted before the phrase "Salt Lake County" in the proposed change to Section R307-101-2 (Kennecott Utah Copper Corporation). RESPONSE: Staff agreed and made the needed change to the rule. No other comments were received about this rule since the last review.

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

Section R307-101-2 includes all the definitions that apply throughout all the rules contained in Title R307. Without them, the remaining rules would be unenforceable, so 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