DAR File No. 37269

Environmental Quality, Air Quality

Section R307-401-20

Relaxation of Limitations

Notice of Proposed Rule

(Amendment)

DAR File No.: 37269
Filed: 02/07/2013 10:22:22 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section R307-401-20 is being removed from Rule R307-401 and is being moved into Section R307-403-2 because the section applies only to major sources or major modifications that are located in a nonattainment area or impact a nonattainment area. Therefore, this Relaxation of Limitations section is more appropriately located in Section R307-403-2. (DAR NOTE: The proposed amendment to R307-403-2 is under DAR No. 37264 in this issue, March 1, 2013, of the Bulletin.)

Summary of the rule or change:

Section R307-401-20 is removed in its entirety from Rule R307-401, and the language, that more closely mirrors that of the CFR, is added to Section R307-403-2 as Subsection R307-403-2(5)(b).

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

Because the requirements of this section will be continued on in Section R307-403-2, there are no anticipated costs or savings to the state budget.

local governments:

Because the requirements of this section will be continued on in Section R307-403-2, there are no anticipated costs or savings to local government.

small businesses:

Because the requirements of this section will be continued on in Section R307-403-2, there are no anticipated costs or savings to small businesses.

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

Because the requirements of this section will be continued on in Section R307-403-2, there are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Because the requirements of this section will be continued on in Section R307-403-2, there are no anticipated costs for affected persons.

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

Because the requirements of this section will be continued on in Section R307-403-2, there are no anticipated fiscal impacts 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 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.

R307-401. Permit: New and Modified Sources.

[R307-401-20. Relaxation of Limitations.

At a time that a source or modification to be located in a nonattainment or maintenance area or which would impact a nonattainment or maintenance area becomes a major source or major modification because of a relaxation of any enforceable limitation which was established after August 7, 1980, on the capacity of a source or modification otherwise to emit a pollutant, such as a restriction on the hours of operation, then the preconstruction requirements shall apply to the source as though construction had not yet commenced on the source or modification.

 

]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