DAR File No. 30698

Environmental Quality, Air Quality

R307-115

General Conformity

NOTICE OF PROPOSED RULE

DAR File No.: 30698
Filed: 11/08/2007, 03:28
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the change is to remove the specific version date for the Code of Federal Regulations (CFR) found in Rule R307-115. The rule will now default to Section R307-101-3 that establishes the version of the CFR that is incorporated throughout Title R307. In a separate rulemaking, the version of the CFR reference in Section R307-101-3 is being updated to the July 1, 2007, version. This amendment is part of an overall revision to rules that will streamline the process of updating the incorporation by reference of the CFR throughout Title R307 (see separate filings on Rules R307-101, R307-170, R307-215, R307-221, R307-222, R307-223, R307-224, R307-310, R307-417, R307-801, and R307-840 in this issue). If requested, a public hearing will be held Wednesday, 12/19/2007 at 2:00 p.m. in the Main Conference Room of the Environmental Quality Building located at 150 N 1950 W in Salt Lake City. If no request for a public hearing is received by 12/17/2007, the hearing will be canceled. After 12/17/2007, you may go to http://www.airquality.utah.gov/Public-Interest/Public-Commen-Hearings/Pubrule.htm or call 801-536-4136 to determine if the public hearing has been canceled. A request for a public hearing may be submitted by electronic mail to mcarlile@utah.gov or by calling 801-536-4136. (DAR NOTE: The proposed amendment for Rule R307-101 is DAR No. 30697; the proposed amendment for Section R307-170-7 is under DAR No. 30699; the proposed repeal of Rule R307-215 is under DAR No. 30700; the proposed amendment for Rule R307-221 is under DAR No. 30701; the proposed amendment for Rule R307-222 is under DAR No. 30702; the proposed amendment for Rule R307-223 is under DAR No. 30703; the proposed amendment for Section R307-224-2 is under DAR No. 30704; the proposed amendment for Section R307-310-2 is under DAR No. 30705; the proposed amendment for Rule R307-417 is under DAR No. 30706; the proposed amendment for Rule R307-801 is under DAR No. 30707; and the proposed amendment for Rule R307-840 is under DAR No. 30708 all in this issue, December 1, 2007, of the Bulletin.)

Summary of the rule or change:

The General Conformity program in 40 CFR Part 93, Subpart B is incorporated by reference into Rule R307-115. The intent of the general conformity requirement is to prevent the air quality impacts of federal actions from causing or contributing to a violation of the National Ambient Air Quality Standards (NAAQS) or interfering with the purpose of a State Implementation Plan (SIP). This amendment removes the specific version date for the CFR in Rule R307-115. The rule will now default to Section R307-101-3 that establishes the version of the CFR that is incorporated throughout Title R307. In a separate rulemaking, the version of the CFR reference in Section R307-101-3 is being updated to the July 1, 2007, version. The following change to 40 CFR Part 93 will be included as the result of the change in Section R307-101-3. The EPA added de minimis emission levels for PM2.5 to the general conformity requirements (see 71 FR 40427 July 17, 2006).

State statutory or constitutional authorization for this rule:

Section 19-2-104

This rule or change incorporates by reference the following material:

40 CFR Part 93, Subpart B, July 1, 2007

Anticipated cost or savings to:

the state budget:

No costs or savings are expected because the cost of Air Quality's reviews are covered by fees paid by applicants.

local governments:

No adverse economic impact is expected to occur as a result of updating the incorporation by reference of the CFR because these provisions are already federally enforceable.

small businesses and persons other than businesses:

SMALL BUSINESSES: No adverse economic impact is expected to occur as a result of updating the incorporation by reference of the CFR because these provisions are already federally enforceable. OTHER PERSONS: No adverse economic impact is expected to occur as a result of updating the incorporation by reference of the CFR, because these provisions are already federally enforceable.

Compliance costs for affected persons:

No adverse economic impact is expected to occur as a result of updating the incorporation by reference of the CFR because these provisions are already federally enforceable.

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

No adverse economic impact is expected to occur as a result of updating the incorporation by reference of the Code of Federal Regulations, because these provisions are already federally enforceable. Richard W. Sprott, Executive Director

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

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/31/2007

This rule may become effective on:

02/07/2008

Authorized by:

Bryce Bird, Planning Branch Manager

R307. Environmental Quality, Air Quality.

R307-115. General Conformity.

R307-115-1. Determining Conformity.

The provisions of 40 CFR Part 93, Subpart B, Determining Conformity of General Federal Actions to State or Federal Implementation Plans, [published at 58 FR 63214 on November 30, 1993, and effective on January 31, 1994]effective as of the date referenced in R307-101-3, are hereby incorporated by reference into these rules.

 

KEY: environmental protection, air pollution, general conformity[*]

Date of Enactment or Last Substantive Amendment: [September 15, 1998]2008

Notice of Continuation: July 7, 2005

Authorizing, and Implemented or Interpreted Law: 19-2-104