Environmental Quality, Air Quality

Rule R307-210

Stationary Sources

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34557
Filed: 04/06/2011 03:11:35 PM

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) states that the Air Quality Board may make rules "regarding the control, abatement, and prevention of air pollution from all sources and the establishment of the maximum quantity of air contaminants that may be emitted by any air contaminant source."

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

On 11/01/2006, the Air Quality Board proposed for comment amendments to Rule R307-210. The changes in Rule R307-210 were to update the incorporation of standards of performance for new stationary sources by reference in the rule. The effective date was 03/15/2007. No oral or written comments were received since the last five-year review.

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

Under the Clean Air Act (42 U.S.C. 7411(c)), "Each State may develop and submit to the Administrator of Environmental Protection Agency (EPA) a procedure for implementing and enforcing standards of performance for new sources located in such State. If the Administrator finds the State procedure is adequate, he shall delegate to such State any authority he has under this chapter to implement and enforce such standards." Utah was delegated authority to permit new sources many years ago and intends to maintain that authority rather than allowing the federal government the authority to permit and enforce these standards within Utah. To maintain that authority, Utah must adopt and implement the provisions of 40 CFR Part 60, the regulation implementing 42 U.S.C. 7411. 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:

Direct questions regarding this rule to:

• Joel Karmazyn at the above address, by phone at 801-536-4423, by FAX at 801-536-4099, or by Internet E-mail at jkarmazyn@utah.gov

Authorized by:

Bryce Bird, Acting Director

Effective:

04/06/2011