DAR File No. 38493

Environmental Quality, Air Quality

Section R307-101-3

Version of Code of Federal Regulations Incorporated by Reference

Notice of Proposed Rule

(Amendment)

DAR File No.: 38493
Filed: 05/08/2014 09:22:14 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section R307-101-3 incorporates by reference the version of the Code of Federal Regulations (CFR) used in many of the rules adopted by the Air Quality Board. This allows rules that reference Section R307-101-3 to update the incorporation date with only one rule amendment. The most current version of the CFR for environmental regulations has been updated from July 1, 2012, to July 1, 2013; therefore, it is necessary to amend Section R307-101-3.

Summary of the rule or change:

The following is a list of changes to 40 CFR from July 1, 2009, to July 1, 2011, that affect rules which reference Section R307-101-3: Vol. 78, No. 29, Pg. 9823-9828 (EPA-HQ-OAR-2007-0089; FRL-9779-3). This action revised the definition of volatile organic compounds (VOCs) under the Clean Air Act by adding four chemical compounds to the list of compounds excluded from the definition of VOC on the basis that each of the compounds makes a negligible contribution to tropospheric ozone formation. These compounds consist of four hydrofluoropolyethers (HFPEs) which are identified as HCF2OCF2H (also known as HFE-134), HCF2OCF2OCF2H (also known as HFE-236cal2), HCF2OCF2CF2OCF2H (also known as HFE-338pcc13), and HCF2OCF2OCF2CF2OCF2H (also known as H-Galden 1040X or H-Galden ZT 130 (or 150 or 180)). If an entity uses or produces any of these four HFPE compounds (these being in the family of products known by the trade name H-Galden) and is subject to the EPA or Utah regulations limiting the use of VOC in a product, limiting the VOC emissions from a facility, or otherwise controlling the use of VOC for purposes related to attaining the ozone national ambient air quality standards (NAAQS), then the compound will not be counted as a VOC in determining whether these regulatory obligations have been met. Vol. 78, No. 92, Pg. 28051-28078 (EPA-HQ-OAR-2011-0405 and EPA-HQ-OAR-2006-0534; FRL-9802-3). The final action removed section 60.56c(d)(2) of subpart Ec which excluded HMIWI units from having to comply with standards during periods of SSM provided that no hospital waste or medical/infectious waste was being charged to the unit during those SSM periods. The EPA had meant to delete this exemption in the 2009 NSPS but inadvertently failed to do so. Vol. 78, No. 122, Pg 37973-37978 (EPA-R07-OAR-2013-0410; FRL-9825-5). The rule amendment revised the address for EPA Region VII.

State statutory or constitutional authorization for this rule:

• Subsection 19-2-104(1)(a)

This rule or change incorporates by reference the following material:

• Updates 40 CFR, published by National Archives and Records Administration's Office of the Federal Register, July 1, 2013

Anticipated cost or savings to:

the state budget:

Because the revisions do not create new requirements, no change in costs or savings is expected for the state budget.

local governments:

Because this revision does not create new requirements, no change in costs or savings is expected for local governments.

small businesses:

Because this revision does not crate new requirements, no change in costs or savings is expected for small businesses.

persons other than small businesses, businesses, or local governmental entities:

Because this revision does not create new requirements, no change in costs or savings is expected for persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Because there are no new requirements created with this revision, there are no changes in compliance costs for affected persons.

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

This revision does not create any new requirements for businesses; therefore, no additional costs to businesses are expected.

Amanda Smith, 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 QualityRoom Fourth Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Mark Berger at the above address, by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@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:

07/01/2014

This rule may become effective on:

08/06/2014

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-101. General Requirements.

R307-101-3. Version of Code of Federal Regulations Incorporated by Reference.

Except as specifically identified in an individual rule, the version of the Code of Federal Regulations (CFR) incorporated throughout R307 is dated July 1, [2012]2013.

 

KEY: air pollution, definitions

Date of Enactment or Last Substantive Amendment: [August 8, 2013]2014

Notice of Continuation: July 2, 2009

Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a)