Environmental Quality, Air Quality

Rule R307-320

Ozone Maintenance Areas and Ogden City: Employer-Based Trip Reduction Program

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35779
Filed: 02/01/2012 04:30:16 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:

Rule R307-320 is authorized by Subsections 19-2-104(1)(h) and (2) which authorize and set forth criteria for consideration in implementing an employer-based trip reduction program for businesses and government agencies that have 100 employees or more at a single site in any ozone nonattainment or maintenance area. The statute requires approval of the governor before implementation and requires that the Air Quality Board consider the impact of the business on overall air quality and the need of the business to use automobiles in order to carry out its business purposes before implementing the program. Rule R307-320, however, applies only to federal, state, and local agencies of government that have 100 or more employees at a single site. Rule R307-320 does not apply to businesses.

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 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:

Subsections 19-2-104(1)(h) and (2) authorize a trip reduction program for businesses and federal, state, and local governments having more than 100 employees at a single location to the extent necessary to attain and maintain ambient air quality standards consistent with the state implementation plan and federal requirements. The rule is required by the state implementation plan for ozone, incorporated by reference under Section R307-110-13. That plan applies in Salt Lake and Davis Counties. In addition, the rule could be implemented as a contingency measure in Ogden City and Utah County if health standards are violated. Though the statute authorizes the Air Quality Board to require a trip reduction program for businesses, Rule R307-320 applies only to federal, state, and local agencies of government that have 100 or more employees at a single site. The purpose of the rule is to reduce the number of miles driven by employees commuting to and from work. 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