DAR File No. 30190

Environmental Quality, Air Quality

R307-414

Permits: Fees for Approval Orders

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 30190
Filed: 07/13/2007, 08:43
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 19-1-201(2)(i) allows the Department of Environmental Quality to establish a schedule of fees for actions and services of the department, which is approved annually by the Legislature. Subsection 19-2-104(3)(o) states that the Air Quality Board may require sources of air pollution to pay a fee sufficient to cover reasonable costs for reviewing and acting upon the notice of intent required by Rule R307-401 and for implementing and enforcing the requirements of the approval order issued to the source. Rule R307-414 sets forth procedures for billing sources of air pollution.

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 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:

The fees required by Rule R307-414 are allowed under Subsections 19-1-201(2)(i) and 19-2-104(3)(o). The fees required under Rule R307-414 and approved annually by the Legislature comprise a substantial portion of the budget of the Division of Air Quality. Without these fees, the Division would not be able to review and act upon the applications by sources. 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:

Cheryl Heying, Director