DAR File No. 37904

Environmental Quality, Air Quality

Section R307-110-36

Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County

Notice of Proposed Rule

(Amendment)

DAR File No.: 37904
Filed: 08/08/2013 08:48:54 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Air Quality Board has proposed changes to State Implementation Plan (SIP) Section X, Part F. When sections of the SIP are amended, the rule that incorporates those sections into the Air Quality Rules must be updated to incorporate the most recent version of the SIP as adopted by the Air Quality Board.

Summary of the rule or change:

The rule is amended to incorporate by reference the most recent version of SIP Section X Part F adopted by the Air Quality Board. The Board has proposed to amend SIP Section X Vehicle Inspection and Maintenance Program, Part F, Cache County by adding a description of Cache I/M programs. The I/M program is a test-and-repair program that will exempt vehicles less than six years old as of January 1 of any given year from an emissions inspection. The program requires 1996 and newer light duty vehicles having a gross vehicle weight of 8,500 pounds or less to go through a biennial On-Board Diagnostics inspection and requires vehicles 1995 and older to go through a biennial two-speed idle test. It is also being proposed to add the Cache County Emission Inspection/Maintenance Program Ordinance 2013-04 and Bear River Health Department Regulation 2013-1 as appendices to the SIP. The public comment period for the proposed changes to the SIP will be from September 1 to October 1, 2013. The proposed amendments to the SIP can be viewed here: http://www.airquality.utah.gov/Public-Interest/Public-Commen-Hearings/Pubrule.htm.

State statutory or constitutional authorization for this rule:

• Subsection 19-2-104(3)(e)

This rule or change incorporates by reference the following material:

• Updates Utah State Implementation, Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County, published by Utah Division of Air Quality, 11/06/2013

Anticipated cost or savings to:

the state budget:

The changes made in the SIP that are incorporated into the Air Quality Rule reflect requirements made in the Cache County Emission Inspection/Maintenance Program Ordinance 2013-04 and Bear River Health Department Regulation 2013-1. Because these ordinances and regulations are not operated or funded by the state, there are no anticipated costs or savings to the state budget.

local governments:

The Cache County Emission Inspection/Maintenance Program Ordinance and the Bear River Health Department Regulation will add enforcement and operation costs to Cache County and the Health Department; however, incorporating the SIP into the Air Quality rules will not add any additional costs already created by the ordinance and regulation.

small businesses:

The Cache County Emission Inspection/Maintenance Program Ordinance and the Bear River Health Department Regulation create an I/M program that small businesses may participate in. By participating, they will need to make an initial investment; however, by doing so it is anticipated that they will benefit financially. Furthermore, incorporating the changes to the SIP into the Air Quality rules will not add any additional costs or savings already created by the ordinance and regulation.

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

The Cache County ordinance and the Bear River Health Department regulation create an I/M program that will require many persons other than small business, businesses, or local government entities located in Cache County to have their vehicles go through a biennial inspection that will cost them no more than $20 per inspection. Incorporating the changes in the SIP into the Air Quality rules will not add any additional costs or savings already created by the ordinance and regulation.

Compliance costs for affected persons:

The Cache County ordinance and the Bear River Health Department regulation create an I/M program that will require many persons to have their vehicles go through a biennial inspection that will cost them no more than $20 per inspection. Incorporating the changes in the SIP into the Air Quality rules will not add any additional compliance costs or savings already created by the ordinance and regulation.

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

Incorporating the changes in the SIP into the Air Quality rules will not have an additional fiscal impact on businesses that the Cache County ordinance and Bear River Health Department regulation already do.

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:

10/01/2013

This rule may become effective on:

11/07/2013

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-110. General Requirements: State Implementation Plan.

R307-110-36. Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County.

The Utah State Implementation Plan, Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County, as most recently adopted by the Utah Air Quality Board on [December 5, 2012]November 6, 2013, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

KEY: air pollution, PM10, PM2.5, ozone

Date of Enactment or Last Substantive Amendment: [December 6, 2012]2013

Notice of Continuation: February 1, 2012

Authorizing, and Implemented or Interpreted Law: 19-2-104(3)(e)