DAR File No. 37831

Environmental Quality, Air Quality

Section R307-401-7

Public Notice

Notice of Proposed Rule

(Amendment)

DAR File No.: 37831
Filed: 07/10/2013 09:57:32 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section R307-401-7 establishes the public notice and comment process for the intent to approve (ITA) a new or modified source. The rule contains a 10-day public comment period that is increased to 30 days for major sources, sources in a nonattainment area, and sources covered by new source performance standards or national emission standards for hazardous air pollutants. In practice, very few sources qualify for the 10-day public comment period and most ITAs in recent years have required a 30-day public comment period. On 06/12/2013, the Environmental Protection Agency proposed to disapprove Section R307-401-7 because of the 10-day comment period. Because it is so rarely used, this rulemaking proposes modifying the rule to require a 30-day public comment period for all ITAs.

Summary of the rule or change:

This rulemaking proposes changing the public notice and comment period for any ITA to 30 days.

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 most approval orders are already required to have a 30-day comment period, this change will not result in additional costs or savings to the state.

local governments:

There are no new requirements in this rulemaking that would result in any costs or savings to local government.

small businesses:

Because most approval orders are already required to have a 30-day comment period, this change will not result in additional costs or savings to small businesses.

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

Because most approval orders are already required to have a 30-day comment period, this change will not result in additional costs or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Very few sources qualified for the 10-day public comment period, and extending the public comment period to 30-days should not result in any compliance costs for affected persons.

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

Extending the public comment period from 10 to 30 days for the very few businesses that qualified for the 10-day public comment period, should not have a 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 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:

09/03/2013

This rule may become effective on:

10/03/2013

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-401. Permit: New and Modified Sources.

R307-401-7. Public Notice.

(1) Issuing the Notice. Prior to issuing an approval or disapproval order, the director will advertise intent to approve or disapprove in a newspaper of general circulation in the locality of the proposed construction, installation, modification, relocation or establishment.

(2) Opportunity for Review and Comment.

(a) At least one location will be provided where the information submitted by the owner or operator, the director's analysis of the notice of intent proposal, and the proposed approval order conditions will be available for public inspection.

(b) Public Comment.

(i) A [ten]30-day public comment period will be established.

(ii) [The public comment period in (i) above will be increased to 30 days for any source that is:

(A) subject to the requirements of R307-405, Permits: Major Sources in Attainment or Unclassified Areas,

(B) subject to the requirements of R307-406, Visibility,

(C) subject to the requirements of R307-415, Operating Permit Requirements;

(D) a synthetic minor source in accordance with R307-415-4(6);

(E) located in a nonattainment area or a maintenance area for any pollutant; or

(F) subject to any standard or requirement of 42 U.S.C. 7411 or 7412.

(iii)] A request to extend the length of the comment period, up to 30 days, may be submitted to the director[:

(A) within 10 days of the date the notice in (1) above is published for comment periods established under (i), or

(B)] within 15 days of the date the notice in R307-401-7(1) [above] is published[ for comment periods established under (ii)].

([iv]iii) Public Hearing. A request for a hearing on the proposed approval or disapproval order may be submitted to the director[:

(A) within 10 days of the date the notice in (1) above is published for comment periods established under (i) above, or

(B)] within 15 days of the date the notice in R307-401-7(1)[above] is published[ for comment periods established under (ii) above].

([v]iv) The hearing will be held in the area of the proposed construction, installation, modification, relocation or establishment.

([vi]v) The public comment and hearing procedure shall not be required when an order is issued for the purpose of extending the time required by the director to review plans and specifications.

(3) The director will consider all comments received during the public comment period and at the public hearing and, if appropriate, will make changes to the proposal in response to comments before issuing an approval order or disapproval order.

 

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

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

Notice of Continuation: June 6, 2012

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