Environmental Quality, Air Quality

Rule R307-135

Enforcement Response Policy for Asbestos Hazard Emergency Response Act

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35777
Filed: 02/01/2012 04:28:10 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:

Subsections 19-2-115(2)(b) and (c) authorize penalties for violations of rules adopted under Section 19-2-104 for implementation of 15 USC 2601 et seq., Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response. Rule R307-135 sets forth the conditions for issuance of a notice of violation and the penalties to be assessed.

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 on this rule since its 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:

Rule R307-135 sets forth the conditions for issuance of a notice of violation and the penalties to be assessed, as set forth in 15 USC 2601 et seq. 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:

• 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

Authorized by:

Bryce Bird, Director

Effective:

02/01/2012