DAR File No. 37582

Environmental Quality, Air Quality

Section R307-101-3

Version of Code of Federal Regulations Incorporated by Reference

Notice of Proposed Rule

(Amendment)

DAR File No.: 37582
Filed: 05/02/2013 11:08:00 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section R307-101-3 incorporates by reference the version of the Code of Federal Regulations (CFR) used in the majority of rules adopted by the Air Quality Board. This allows rules that reference Section R307-101-3 to update the incorporation date with only one rule amendment. The most current version of the CFR for environmental regulations has been updated from 07/01/2011 to 07/01/2012; therefore, it is necessary to amend Section R307-101-3.

Summary of the rule or change:

The following is a list of changes to 40 CFR from 07/01/2011 to 07/01/2012 that affect rules which reference Section R307-101-3: Vol. 77, No. 121, Pg. 37610-37614 -- This action revised the EPA's definition of volatile organic compounds (VOCs) under the Clean Air Act (CAA). This revision added trans-1,3,3,3-tetrafluoropropene (also known as HFO-1234ze) to the list of compounds excluded from the definition of VOC on the basis that this compound makes a negligible contribution to tropospheric ozone formation. As a result, if you are subject to certain federal regulations limiting emissions of VOCs, your emissions of HFO-1234ze may not be regulated for some purposes. Vol. 77, No. 124, Pg. 38199 -- In Title 40 CFR parts 87 to 95, revised as of 07/01/2011, on page 579, in Sec. 93.118, paragraph (e)(2) was corrected to read as follows: Sec. 93.118 Criteria and procedures: Motor vehicle emissions budget. (e)(2) If EPA has not declared an implementation plan submission's motor vehicle emissions budget(s) adequate for transportation conformity purposes, the budget(s) shall not be used to satisfy the requirements of this section. Consistency with the previously established motor vehicle emissions budget(s) must be demonstrated. If there are no previously approved implementation plans or implementation plan submissions with adequate motor vehicle emissions budgets, the interim emissions tests required by Sec. 93.119 must be satisfied. Vol. 77, No. 50, Pg. 14979-14988 -- EPA amended the transportation conformity rule to finalize provisions that were proposed on 08/13/2010. These amendments restructured several sections of the transportation conformity rule so that they applied to any new or revised National Ambient Air Quality Standards. EPA also finalized several clarifications to improve implementation of the rule. This final rule removed the definitions for "1-hour ozone NAAQS", "8-hour ozone NAAQS", "24-hour PM10 NAAQS", "1997 PM2.5 NAAQS", "2006 PM2.5 NAAQS", and "Annual PM10 NAAQS" from 40 CFR 93.101. These definitions are no longer necessary because the updated regulatory text for sections 93.109 and 93.119 \8\ applies to any and all NAAQS of those pollutants for which conformity applies. Vol. 76, No. 156, Pg 50129-50133, Friday, 08/12/2011 -- EPA took direct final action on corrections to the Protocol Gas Verification Program and Minimum Competency Requirements for Air Emission Testing final rule, which was published in the Federal Register of 03/28/2011 (76 FR 17288). Vol. 76, No. 152, Pg 48207-48483 -- In this action, EPA limited the interstate transport of emissions of nitrogen oxides (NOX) and sulfur dioxide (SO2) that contribute to harmful levels of fine particle matter (PM2.5) and ozone in downwind states. EPA identified emissions within 27 states in the eastern United States that significantly affect the ability of downwind states to attain and maintain compliance with the 1997 and 2006 fine particulate matter national ambient air quality standards (NAAQS) and the 1997 ozone NAAQS. The authority citation for part 72 was revised to read as follows: Authority: 42 U.S.C. 7401, 7403, 7410, 7411, 7426, 7601, et seq. Section 72.2 was amended by removing the definition for "interested person". Vol. 77, No. 11, Pg 2456-2466/Wednesday, 01/18/2012 -- EPA promulgated this final rule to incorporate the most recent versions of ASTM International standards into EPA regulations that provide flexibility to use alternatives to mercury-containing industrial thermometers. This final rule allows the use of such alternatives in certain field and laboratory applications previously impermissible as part of compliance with EPA regulations. Due to mercury's high toxicity, EPA sought to reduce potential mercury exposures to humans and the environment by reducing the overall use of mercury-containing products, including mercury-containing industrial thermometers. Vol. 76, No. 155, Pg 49669-49674, Thursday, August 11, 2011 -- The EPA amended regulations to reflect a change in address for EPA's Region 1 office. This action was editorial in nature and was intended to provide accuracy and clarity to the agency's regulations. PART 763--[AMENDED] Appendix C was amended by revising the address for Region I under II.C.3. to read as follows: Appendix C to Subpart E of Part 763--Asbestos Model Accreditation Plan II.C.3. EPA, Region I, (OES05-1) Asbestos Coordinator, 5 Post Office Square--Suite 100, Boston, MA 02109-3912, (617) 918-1016. 46. Appendix D was amended by revising the address for Region I to read as follows: Appendix D to Subpart E of Part 763--Transport and Disposal of Asbestos Waste Region I Asbestos NESHAPs Contact, Office of Environmental Stewardship, USEPA, Region I, 5 Post Office Square--Suite 100, Boston, MA 02109-3912, (617) 918-1551.

State statutory or constitutional authorization for this rule:

• Subsection 19-2-104(1)(a)

This rule or change incorporates by reference the following material:

• Updates 40 CFR, published by National Archives and Records Administration's Office of the Federal Register, July 1, 2012

Anticipated cost or savings to:

the state budget:

Because the revisions do not create new requirements, no change in costs or savings is expected for the state budget.

local governments:

Because this revision does not create new requirements, no change in costs or savings is expected for local governments.

small businesses:

Because this revision does not create new requirements, no change in costs or savings is expected for small businesses.

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

Because this revision does not create new requirements, no change in costs or savings is expected for persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Because this revision does not create new requirements, no change in costs is expected for affected persons.

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

This amendment does not create new requirements; therefore, 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:

07/01/2013

This rule may become effective on:

08/08/2013

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-101. General Requirements.

R307-101-3. Version of Code of Federal Regulations Incorporated by Reference.

Except as specifically identified in an individual rule, the version of the Code of Federal Regulations (CFR) incorporated throughout R307 is dated July 1, [2011]2012.

 

KEY: air pollution, definitions

Date of Enactment or Last Substantive Amendment: [February 3, ]2013

Notice of Continuation: July 2, 2009

Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a)