DAR File No. 30700

Environmental Quality, Air Quality

R307-215

Acid Rain Requirements

NOTICE OF PROPOSED RULE

DAR File No.: 30700
Filed: 11/08/2007, 03:29
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the change is to move the incorporation by reference of 40 Code of Federal Regulations (CFR) Part 76 in Rule R307-215 to Rule R307-417, so that all rules that deal with the Acid Rain program are in one rule (see separate filing on Rule R307-417 in this issue). 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, R307-115, R307-170, 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 Rule R307-115 is under DAR No. 30698; the proposed amendment for Section R307-170-7 is under DAR No. 30699; 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 Utah Air Quality Board is proposing to move the incorporation by reference of 40 CFR Part 76 in Rule R307-215 to Rule R307-417, so that all rules that deal with the Acid Rain program are in one rule. This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

Section 19-2-104

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, because these provisions will be adopted under another rule.

small businesses and persons other than businesses:

SMALL BUSINESSES: No adverse economic impact is expected to occur, because these provisions will be adopted under another rule. OTHER PERSONS: No adverse economic impact is expected to occur, because these provisions will be adopted under another rule.

Compliance costs for affected persons:

No adverse economic impact is expected to occur, because these provisions will be adopted under another rule.

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

No adverse economic impact is expected to occur, because these provisions will be adopted under another rule. 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.

[R307-215. Emission Standards: Acid Rain Requirements.

R307-215-1. Part 76 Requirements.

The provisions of 40 CFR Part 76, as in effect on December 19, 1996, for purposes of implementing an acid rain program that meets the requirements of Title IV of the Clean Air Act, are incorporated into these rules by reference. The term "permitting authority" shall mean the executive secretary of the Air Quality Board, and the term "Administrator" shall mean the Administrator of the Environmental Protection Agency. If the provisions or requirements of 40 CFR Part 76 conflict with or are not included in R307-415, Operating Permit Requirements, provisions and requirements of 40 CFR Part 76 shall apply and take precedence.

 

KEY: acid rain, air quality, permitting authority*, operating permits*

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

Notice of Continuation: June 8, 2004

Authorizing, and Implemented or Interpreted Law: 19-2-101; 19-2-104(3)(q)]