Environmental Quality, Air Quality

Rule R307-328

Gasoline Transfer and Storage

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35783
Filed: 02/01/2012 04:40:16 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 R307-328 establishes Reasonably Available Control Technology (RACT) for control of gasoline vapors during the filling of gasoline transport vehicles and storage tanks in any ozone nonattainment or maintenance areas and Utah and Weber Counties. The rule is based on federal control technique guidance documents. This requirement is commonly referred to as stage I vapor recovery. The rule is required under the state implementation plan for ozone that is incorporated by reference under Section R307-110-13. The plan is required by the Clean Air Act, 42 USC 7410, to maintain the federal health standard for ozone. Subsection 19-2-104(1)(a) authorizes the Air Quality Board to 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 contaminants source. . ." Subsection 19-2-101(2) states "It is the policy of this state and the purpose of this chapter to achieve and maintain levels of air quality which will protect human health and safety. . ."

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

R307-328 was amended once since its last five-year review (effective 06/07/2011, DAR No. 34349). 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:

The rule is required under the state implementation plan for ozone, incorporated by reference under Section R307-110-13. The plan is required under the Clean Air Act, 42 USC 7410; without the state plan, EPA would be required to impose a Federal Implementation Plan. 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