Environmental Quality, Air Quality

Rule R307-110

General Requirements: State Implementation Plan

Notice of Proposed Rule

(Amendment)

DAR File No.: 36742
Filed: 09/06/2012 06:09:01 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Air Quality Board has proposed for public comment the repeal and reenactment of the Utah State Implementation Plan Section X Parts A, B, D, and E and to add Part F. As a result, Utah Air Quality Sections R307-110-31, 32, 34, 35, and 36 need to be amended to change the Board adoption date of the most recent version adopted by the Utah Air Quality Board. The rule also needs to be changed in Section R307-110-1 to reflect administrative changes in how the Utah Division of Air Quality will provide the SIP to the public.

Summary of the rule or change:

Sections R307-110-31, 32, 34, 35, and 36 are amended by changing the date of the last adoption by the Air Quality Board to 12/05/2012. The State Implementation Plan Section X is divided into subparts. Part A reflects the history and some of the general requirements of the I/M programs and Parts B through E provide a more detailed summary of the individual I/M programs. Because much of the same information was duplicated in each of these parts, the division has consolidated the common requirements of each part and placed them into Part A, leaving the more specific requirements in the county specific parts of Section X. In Part A, which is incorporated by reference under Section R307-110-31, several subsections are added to specify recent legislative changes that impacted the I/M programs. One of these changes exempts a motor vehicle that is less than two years old as of January 1 of any given year from needing an inspection. This proposal adds language to Part A stating that there is reciprocity between county I/M programs. In Part B, which is incorporated by reference under Section R307-110-32, the network type, test frequency, and the testing procedure that Davis County has implemented were updated. In Parts B, D, and E, obsolete language was removed throughout. Parts A, B, C, D, and E of Section X, together with the referenced appendices, continue to demonstrate compliance with the 40 CFR Part 51 provisions for Inspection and Maintenance Program Requirements for Davis, Salt Lake, Utah, and Weber Counties and produce mobile source emission reductions that are sufficient to demonstrate continued maintenance of the applicable CO and 1-hour ozone NAAQS. In addition, the Board is proposing to add a new Part F to Section X that will require an I/M program in Cache County and require the county to provide an implementation schedule to develop and implement the program. This Part will be incorporated by reference under Section R307-110-36. Finally, the board is proposing to amend Section R307-110-1 to change the language related to how the Division of Air Quality provides copies of the SIP to the general public.

State statutory or constitutional authorization for this rule:

• Subsection 19-2-104(3)(e)

This rule or change incorporates by reference the following material:

• Updates Utah State Implementation Plan, Section X, Vehicle Inspection and Maintenance Program, Part E, Weber County , published by State of Utah Division of Air Quality, 12/05/2012
• Updates Utah State Implementation Plan, Section X, Vehicle Inspection and Maintenance Program, Part D, Utah County, published by State of Utah Division of Air Quality, 12/05/2012
• Updates Utah State Implementation Plan, Section X, Vehicle Inspection and Maintenance Program, Part B, Davis County, published by State of Utah Division of Air Quality, 12/05/2012
• Updates Utah State Implementation Plan, Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements. , published by State of Utah Division of Air Quality, 12/05/2012
• Adds Utah State Implementation Plan, Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County , published by State of Utah Division of Air Quality, 12/05/2012

Anticipated cost or savings to:

the state budget:

The vehicle inspection and maintenance programs are supervised by affected counties, not the state; therefore, this change does not affect the state budget.

local governments:

This change will not affect the budgets of Cache, Weber, Davis, Salt Lake, and Utah Counties because the costs to administer the inspection and maintenance programs are covered by the counties' share of the fees paid by vehicle owners.

small businesses:

Owners of vehicles that are less than two years old or newer and are registered in Davis, Weber, or Utah County may save the cost of vehicle emissions inspection. Small businesses in Cache County may have to pay fees related to being part of an inspection and maintenance (I/M) program. However, these costs have not been determined. Cache County has the authority to design its own program which would include how much the fees would be. This will be part of a separate public review process. The Utah Division of Air Quality has recommended that Cache County officials cap the fees at $15 for 1996 and newer vehicles and $20 for 1995 and older vehicles and inspection vehicles on biennial basis.

persons other than small businesses, businesses, or local governmental entities:

Owners of vehicles that are less than two years old or newer and are registered in Davis, Weber, or Utah County may save the cost of vehicle emissions inspection. Other persons in Cache County may have to pay fees related to being part of an inspection and maintenance (I/M) program. However, these costs have not been determined. Cache County has the authority to design its own program which would include how much the fees would be. This will be part of a separate public review process. UDAQ has recommended that Cache County officials cap the fees at $15 for 1996 and newer vehicles and $20 for 1995 and older vehicles and inspection vehicles on biennial basis.

Compliance costs for affected persons:

Owners of vehicles that are less than two years old or newer and are registered in Davis, Weber, or Utah County may save the cost of vehicle emissions inspection. Other persons in Cache County may have to pay fees related to being part of an inspection and maintenance (I/M) program. However, these costs have not been determined. Cache County has the authority to design its own program which would include how much the fees would be. This will be part of a separate public review process. UDAQ has recommended that Cache County officials cap the fees at $15 for 1996 and newer vehicles and $20 for 1995 and older vehicles and inspection vehicles on biennial basis.

Comments by the department head on the fiscal impact the rule may have on businesses:

Businesses in Davis, Utah, and Weber County that own vehicles less than two years old may not be required to have an inspection and therefore would be able to save in inspection costs. Businesses in Cache County may have to pay fees related to being part of an inspection and maintenance (I/M) program. However, these costs have not been determined. Cache County has the authority to design its own program which would include how much the fees would be. This will be part of a separate public review process. UDAQ has recommended that Cache County officials cap the fees at $15 for 1996 and newer vehicles and $20 for 1995 and older vehicles and inspection vehicles on biennial basis.

Amanda Smith, Executive Director

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

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/31/2012

Interested persons may attend a public hearing regarding this rule:

• 10/17/2012 06:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT
• 10/15/2012 11:00 AM, Bridgerland Applied Technology College, 1301 N 600 W, Rooms 171 D and E, Logan, UT
• 10/16/2012 11:00 AM, Mountainland Association of Governments, 586 E 800 N, Orem, UT
• 10/17/2012 02:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT

This rule may become effective on:

12/06/2012

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-110. General Requirements: State Implementation Plan.

R307-110-1. Incorporation by Reference.

To meet requirements of the Federal Clean Air Act, the Utah State Implementation Plan (SIP) must be incorporated by reference into these rules. Copies of the [Utah State Implementation Plan]SIP are available [at the Utah Department of Environmental Quality, Division of Air Quality]on the division's website.

 

R307-110-2. Section I, Legal Authority.

The Utah State Implementation Plan, Section I, Legal Authority, as most recently amended by the Air Quality Board on December 18, 1992, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-3. Section II, Review of New and Modified Air Pollution Sources.

The Utah State Implementation Plan, Section II, Review of New and Modified Air Pollution Sources, as most recently amended by the Utah Air Quality Board on December 18, 1992, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-4. Section III, Source Surveillance.

The Utah State Implementation Plan, Section III, Source Surveillance, as most recently amended by the Utah Air Quality Board on December 18, 1992, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-5. Section IV, Ambient Air Monitoring Program.

The Utah State Implementation Plan, Section IV, Ambient Air Monitoring Program, as most recently amended by the Utah Air Quality Board on December 18, 1992, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-6. Section V, Resources.

The Utah State Implementation Plan, Section V, Resources, as most recently amended by the Utah Air Quality Board on December 18, 1992, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-7. Section VI, Intergovernmental Cooperation.

The Utah State Implementation Plan, Section VI, Intergovernmental Cooperation, as most recently amended by the Utah Air Quality Board on December 18, 1992, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-8. Section VII, Prevention of Air Pollution Emergency Episodes.

The Utah State Implementation Plan, Section VII, Prevention of Air Pollution Emergency Episodes, as most recently amended by the Utah Air Quality Board on December 18, 1992, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-9. Section VIII, Prevention of Significant Deterioration.

The Utah State Implementation Plan, Section VIII, Prevention of Significant Deterioration, as most recently amended by the Utah Air Quality Board on March 8, 2006, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-10. Section IX, Control Measures for Area and Point Sources, Part A, Fine Particulate Matter.

The Utah State Implementation Plan, Section IX, Control Measures for Area and Point Sources, Part A, Fine Particulate Matter, as most recently amended by the Utah Air Quality Board on July 6, 2005, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-11. Section IX, Control Measures for Area and Point Sources, Part B, Sulfur Dioxide.

The Utah State Implementation Plan, Section IX, Control Measures for Area and Point Sources, Part B, Sulfur Dioxide, as most recently amended by the Utah Air Quality Board on January 5, 2005, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-12. Section IX, Control Measures for Area and Point Sources, Part C, Carbon Monoxide.

The Utah State Implementation Plan, Section IX, Control Measures for Area and Point Sources, Part C, Carbon Monoxide, as most recently amended by the Utah Air Quality Board on November 3, 2004, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-13. Section IX, Control Measures for Area and Point Sources, Part D, Ozone.

The Utah State Implementation Plan, Section IX, Control Measures for Area and Point Sources, Part D, Ozone, as most recently amended by the Utah Air Quality Board on January 3, 2007, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-14. Section IX, Control Measures for Area and Point Sources, Part E, Nitrogen Dioxide.

The Utah State Implementation Plan, Section IX, Control Measures for Area and Point Sources, Part E, Nitrogen Dioxide, as most recently amended by the Utah Air Quality Board on December 18, 1992, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-15. Section IX, Control Measures for Area and Point Sources, Part F, Lead.

The Utah State Implementation Plan, Section IX, Control Measures for Area and Point Sources, Part F, Lead, as most recently amended by the Utah Air Quality Board on December 18, 1992, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-16. (Reserved.)

Reserved.

 

R307-110-17. Section IX, Control Measures for Area and Point Sources, Part H, Emissions Limits.

The Utah State Implementation Plan, Section IX, Control Measures for Area and Point Sources, Part H, Emissions Limits, as most recently amended by the Utah Air Quality Board on May 4, 2011, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-18. Reserved.

Reserved.

 

R307-110-19. Section XI, Other Control Measures for Mobile Sources.

The Utah State Implementation Plan, Section XI, Other Control Measures for Mobile Sources, as most recently amended by the Utah Air Quality Board on February 9, 2000, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-20. Section XII, Transportation Conformity Consultation.

The Utah State Implementation Plan, Section XII, Transportation Conformity Consultation, as most recently amended by the Utah Air Quality Board on May 2, 2007, pursuant to 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-21. Section XIII, Analysis of Plan Impact.

The Utah State Implementation Plan, Section XIII, Analysis of Plan Impact, as most recently amended by the Utah Air Quality Board on December 18, 1992, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-22. Section XIV, Comprehensive Emission Inventory.

The Utah State Implementation Plan, Section XIV, Comprehensive Emission Inventory, as most recently amended by the Utah Air Quality Board on December 18, 1992, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-23. Section XV, Utah Code Title 19, Chapter 2, Air Conservation Act.

Section XV of the Utah State Implementation Plan contains Utah Code Title 19, Chapter 2, Air Conservation Act.

 

R307-110-24. Section XVI, Public Notification.

The Utah State Implementation Plan, Section XVI, Public Notification, as most recently amended by the Utah Air Quality Board on December 18, 1992, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-25. Section XVII, Visibility Protection.

The Utah State Implementation Plan, Section XVII, Visibility Protection, as most recently amended by the Utah Air Quality Board on March 26, 1993, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-26. R307-110-26 Section XVIII, Demonstration of GEP Stack Height.

The Utah State Implementation Plan, Section XVIII, Demonstration of GEP Stack Height, as most recently amended by the Utah Air Quality Board on December 18, 1992, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-27. Section XIX, Small Business Assistance Program.

The Utah State Implementation Plan, Section XIX, Small Business Assistance Program, as most recently amended by the Utah Air Quality Board on December 18, 1992, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-28. Regional Haze.

The Utah State Implementation Plan, Section XX, Regional Haze, as most recently amended by the Utah Air Quality Board on April 6, 2011, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-29. Section XXI, Diesel Inspection and Maintenance Program.

The Utah State Implementation Plan, Section XXI, Diesel Inspection and Maintenance Program, as most recently amended by the Utah Air Quality Board on July 12, 1995, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-30. Section XXII, General Conformity.

The Utah State Implementation Plan, Section XXII, General Conformity, as adopted by the Utah Air Quality Board on October 4, 1995, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-31. Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability.

The Utah State Implementation Plan, Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability, as most recently amended by the Utah Air Quality Board on [March 31, 2004]December 5, 2012, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-32. Section X, Vehicle Inspection and Maintenance Program, Part B, Davis County.

The Utah State Implementation Plan, Section X, Vehicle Inspection and Maintenance Program, Part B, Davis County, as most recently amended by the Utah Air Quality Board on [February 5, 1997]December 5, 2012, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-33. Section X, Vehicle Inspection and Maintenance Program, Part C, Salt Lake County.

The Utah State Implementation Plan, Section X, Vehicle Inspection and Maintenance Program, Part C, Salt Lake County, as most recently amended by the Utah Air Quality Board on October 6, 2004, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-34. Section X, Vehicle Inspection and Maintenance Program, Part D, Utah County.

The Utah State Implementation Plan, Section X, Vehicle Inspection and Maintenance Program, Part D, Utah County, as most recently amended by the Utah Air Quality Board on [March 31, 2004]December 5, 2012, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-35. Section X, Vehicle Inspection and Maintenance Program, Part E, Weber County.

The Utah State Implementation Plan, Section X, Vehicle Inspection and Maintenance Program, Part E, Weber County, as most recently amended by the Utah Air Quality Board on [November 3, 2004]December 5, 2012, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-36. Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County.

The Utah State Implementation Plan, Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County, as most recently adopted by the Utah Air Quality Board on December 5, 2012, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

R307-110-37. Section XXIII, Interstate Transport.

The Utah State Implementation Plan, Section XXIII, Interstate Transport, as most recently adopted by the Utah Air Quality Board on February 7, 2007, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

KEY: air pollution, PM10, PM2.5, ozone

Date of Enactment or Last Substantive Amendment: [May 4, 2011]2012

Notice of Continuation: February 1, 2012

Authorizing, and Implemented or Interpreted Law: 19-2-104(3)(e)