DAR File No. 38494

Environmental Quality, Air Quality

Rule R307-101

General Requirements

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 38494
Filed: 05/08/2014 09:24:37 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 19-2-104(1)(a) authorizes the Air Quality Board to make rules "...regarding the control, abatement, and prevention of air pollution from all sources...." Rule R307-101 includes definitions used throughout all the rules contained in Title R307 that are written under Section 19-2-104. Without these definitions, the remaining rules would be unenforceable.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Rule R307-101 was amended seven times since the last five year review: DAR No. 32958 - no comments were received on this amendment; DAR No. 33251 - no comments were received on this amendment; DAR No. 35615 � no comments were received on this amendment; DAR No. 36624 - one comment was received from the Wasatch Clean Air Coalition, requesting that the definition of �Executive secretary� not be removed from the rule. Because the term does not appear anywhere else within the Air Quality rules, the term was ultimately removed from the rule; DAR No. 36723 � comments were received, requesting that Section R307-101-2 add new definitions for "Primary PM2.5" and "Secondary PM2.5." and that the definition for "PM2.5 precursor" be altered; DAR No. 37582 - no comments were received on this amendment; and DAR No. 37702 - no comments were received on this amendment. No other comments were received since the last five-year review.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Section R307-101-2 includes all the definitions that apply throughout all the rules contained in Title R307. Without them, the remaining rules would be unenforceable, so this rule should be continued. Section R307-101-3 incorporates by reference the most current version of the Code of Federal Regulations cited in many of the Air Quality Rules. In addition, Rule R307-101 is also a component of Utah's State Implementation Plan, which has been federally approved.

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

Effective:

05/08/2014

Authorized by:

Bryce Bird, Director