File No. 36336

This notice was published in the July 1, 2012, issue (Vol. 2012, No. 13) of the Utah State Bulletin.


Environmental Quality, Air Quality

Rule R307-406

Visibility

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 36336
Filed: 06/06/2012 05:25:04 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:

Section 19-2-108 states that "The board shall require that notice be given to the executive secretary by any person planning to construct a new installation which will or might reasonably be expected to be a source or indirect source of air pollution or to make modifications to an existing installation which will or might reasonably be expected to increase the amount of or change the character or effect of air contaminants discharged..." Rule R307-406 sets forth the criteria to be used by the Division of Air Quality in notices of intent to construct under Rule R307-401 for new or modified major sources whose air pollution may affect visibility in Utah's Class I areas--Zion, Bryce, Capitol Reef, Arches, and Canyonlands National Parks. Subsection 19-2-104(3)(q) states that the Air Quality Board may make rules to "meet the requirements of federal air pollution laws." Rule R307-406 is also required by Section XVII, Visibility Protection, of the State Implementation Plan. This plan is required under Clean Air Act, 42 U.S.C. 7410 and 40 CFR 51 subpart P.

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 about 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 R307-406 is required by Section 19-2-108 and by Section XVII, Visibility Protection, of the State Implementation Plan (SIP), which is incorporated by reference under Rule R307-110. The SIP is required under Clean Air Act, 42 U.S.C. 7410 and 40 CFR 51 subpart P. Without the SIP, 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:

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

Authorized by:

Bryce Bird, Director

Effective:

06/06/2012


Additional Information

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2012/b20120701.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

For questions regarding the content or application of this rule, please contact 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.