DAR File No. 37268

This rule was published in the March 1, 2013, issue (Vol. 2013, No. 5) of the Utah State Bulletin.


Environmental Quality, Air Quality

Section R307-401-19

Analysis of Alternatives

Notice of Proposed Rule

(Amendment)

DAR File No.: 37268
Filed: 02/07/2013 10:19:14 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section R307-401-19 is being removed from Rule R307-401 and is being added to Rule R307-403 as Section R307-403-10. Because the section applies only to major sources or major modifications that are located in a nonattainment area or impact a nonattainment area, this Analysis of Alternatives section is more appropriately located in Rule R307-403. (DAR NOTE: The proposed amendment to R307-403-10 is under DAR No. 37266 in this issue, March 1, 2013, of the Bulletin.)

Summary of the rule or change:

Section R307-401-19 is removed in its entirety. The section will be relocated to Rule R307-403 as Section R307-403-10 in Rule R307-403.

State statutory or constitutional authorization for this rule:

  • Subsection 19-2-104(3)(q)
  • Section 19-2-108

Anticipated cost or savings to:

the state budget:

Because this rule is being moved to another section of the Utah Air Quality Rules, there are no anticipated costs or savings to the state budget.

local governments:

Because this rule is being moved to another section of the Utah Air Quality Rules, there are no anticipated costs or savings to local government.

small businesses:

Because this rule is being moved to another section of the Utah Air Quality Rules, there are no anticipated costs or savings to small businesses.

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

Because this rule is being moved to another section of the Utah Air Quality Rules, there are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Because this rule is being moved to another section of the Utah Air Quality Rules, there are no anticipated costs for affected persons.

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

Because this rule is being moved to another section of the Utah Air Quality Rules, there is no anticipated fiscal impact on businesses.

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 [email protected]

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

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-401. Permit: New and Modified Sources.

[R307-401-19. Analysis of Alternatives.

The owner or operator of a major new source or major modification to be located in a nonattainment or maintenance area or which would impact a nonattainment or maintenance area must, in addition to the requirements in R307-401, submit with the notice of intent an adequate analysis of alternative sites, sizes, production processes, and environmental control techniques for such proposed source which demonstrates that benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification. The director shall review the analysis. The analysis and the director's comments shall be subject to public comment as required by R307-401-7. The preceding shall also apply in Salt Lake and Davis Counties for new major sources or modifications which are considered major for precursors of ozone, including volatile organic compounds and nitrogen oxides.

]

KEY: air pollution, permits, approval orders, greenhouse gases

Date of Enactment or Last Substantive Amendment: [January 1, 2011]2013

Notice of Continuation: June 6, 2012

Authorizing, and Implemented or Interpreted Law: 19-2-104(3)(q); 19-2-108

 


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/2013/b20130301.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.

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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 [email protected].