DAR File No. 39750

This rule was published in the October 1, 2015, issue (Vol. 2015, No. 19) of the Utah State Bulletin.


Environmental Quality, Air Quality

Section R307-102-1

Air Pollution Prohibited; Periodic Reports Required

Notice of Proposed Rule

(Amendment)

DAR File No.: 39750
Filed: 09/15/2015 10:16:00 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

On 03/25/2015, Governor Gary Herbert signed Utah H.B. 229, Air Quality Modifications, from the 2015 General Session into law. H.B. 229 revised the statutory definitions of several terms in Section 19-2-102. The purpose of this rule is to amend the Utah Air Quality Rules so that they reflect the changes made to Section 19-2-102.

Summary of the rule or change:

The word "contaminants" was replaced with "pollutants" in subsection (1) and (2) of the rule.

State statutory or constitutional authorization for this rule:

  • Section 19-2-104

Anticipated cost or savings to:

the state budget:

Replacing "contaminants" with "pollutants" will not create additional obligations for regulated entities. There are no anticipated costs or savings to the state budget.

local governments:

Replacing "contaminants" with "pollutants" will not create additional obligations for regulated entities. There are no anticipated costs or savings to local governments.

small businesses:

Replacing "contaminants" with "pollutants" will not create additional obligations for regulated entities. There are no anticipated costs or savings to small businesses.

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

Replacing "contaminants" with "pollutants" will not create additional obligations for regulated entities. There are no anticipated costs or savings to other persons.

Compliance costs for affected persons:

Replacing "contaminants" with "pollutants" will not create additional obligations for regulated entities. There are no compliance costs for affected persons.

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

Replacing "contaminants" with "pollutants" will not create additional obligations for regulated entities. Therefore, the amendments will have no fiscal impact on businesses.

Alan Matheson, 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:

  • Ryan Stephens at the above address, by phone at 801-536-4419, 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:

11/02/2015

This rule may become effective on:

12/03/2015

Authorized by:

Bryce Bird, Director

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-102. General Requirements: Broadly Applicable Requirements.

R307-102-1. Air Pollution Prohibited; Periodic Reports Required.

(1) Emission of air [contaminants]pollutants in sufficient quantities to cause air pollution as defined in R307-101-2 is prohibited. The State statute provides for penalties up to $50,000/day for violation of State statutes, regulations, rules or standards (See Section 19-2-115 for further details).

(2) Periodic Reports and Availability of Information. The owner or operator of any stationary air [contaminant]pollutant source in Utah shall furnish to the director the periodic reports required under Section 19-2-104(1)(c) and any other information as the director may deem necessary to determine whether the source is in compliance with Utah and Federal regulations and standards. The information thus obtained will be correlated with applicable emission standards or limitations and will be available to the public during normal business hours at the Division of Air Quality.

 

KEY: air pollution, confidentiality of information, variances

Date of Enactment or Last Substantive Amendment: [November 8, 2012]2015

Notice of Continuation: February 6, 2013

Authorizing, and Implemented or Interpreted Law: 19-2-104; 19-2-113

 


Additional Information

More information about a Notice of Proposed Rule is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2015/b20151001.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

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For questions regarding the content or application of this rule, please contact Ryan Stephens at the above address, by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at [email protected].  For questions about the rulemaking process, please contact the Division of Administrative Rules.