DAR File No. 37267

Environmental Quality, Air Quality

Section R307-403-11

Actuals PALs

Notice of Proposed Rule

(Amendment)

DAR File No.: 37267
Filed: 02/07/2013 10:17:34 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change will implement a portion of EPA's NSR Reform provisions that were adopted in the federal regulations in 2002 and have not yet been incorporated into the Utah Air Quality Rules.

Summary of the rule or change:

Section R307-403-11 is added to the rule to incorporate by reference the provisions of 40 CFR 51.165(f)(1) through (14).

State statutory or constitutional authorization for this rule:

• Section 19-2-104
• Section 19-2-108

This rule or change incorporates by reference the following material:

• Adds 40 CFR Part 51, published by National Archives and Records Administration's Office of the Federal Register, 07/01/2012

Anticipated cost or savings to:

the state budget:

These NSR Reform provisions have been in federal regulations since 2002; therefore, there are no anticipated costs or savings to the state budget.

local governments:

These NSR Reform provisions have been in federal regulations since 2002; therefore, there are no anticipated costs or savings to local government.

small businesses:

Because this rule applies only to major sources, there are no anticipated costs or savings to small businesses.

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

Because this rule applies only to major sources, there are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

This rule incorporates EPA's NSR Reform provisions that provide additional flexibility for major sources in nonattainment areas. This additional flexibility will provide cost savings for major sources. In addition, the applicability provisions will more closely match related provisions in R307-405 that apply to attainment areas, simplifying the permitting process for major sources.

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

This rule incorporates EPA's NSR Reform provisions that provide additional flexibility for major sources in nonattainment areas. This additional flexibility will provide cost savings for major sources. In addition, the applicability provisions will more closely match related provisions in R307-405 that apply to attainment areas, simplifying the permitting process for major sources.

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:

04/01/2013

This rule may become effective on:

05/02/2013

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-403. Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas.

R307-403-11. Actuals PALS.

The provisions of 40 CFR 51.165(f)(1) through (14) are hereby incorporated by reference.

 

KEY: air quality, nonattainment[*], offset[*]

Date of Enactment or Last Substantive Amendment: [May 6, 1999]2013

Notice of Continuation: June 6, 2012

Authorizing, and Implemented or Interpreted Law: 19-2-104; 19-2-108