DAR File No. 40424

Environmental Quality, Air Quality

Rule R307-210

Stationary Sources

Notice of Proposed Rule

(Amendment)

DAR File No.: 40424
Filed: 05/12/2016 04:09:56 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended so that state air quality rules are up-to-date and consistent with federal regulations.

Summary of the rule or change:

This rule change updates the version of the Code of Federal Regulations (CFR) that is incorporated by reference throughout the Utah Air Quality rules. The rules that are being incorporated by reference include rules dealing with the startup and shutdown provisions of EPA's final Mercury Air Toxics Standards rule, minor changes to the new source performance standards for the oil and natural gas sector, and updates to the rules for new residential wood heaters. These changes are described in more detail at http://www.deq.utah.gov/boards/airquality/docs/05May/May_4_2016_Packet.pdf (pg. 66-67).

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 U.S. Government Printing Office, 07/01/2015

Anticipated cost or savings to:

the state budget:

This rule updates the version of the CFR that is incorporated into the Utah Air Quality rules. None of the changes incorporated into the state rules will have an impact on the state budget because they are already federal law.

local governments:

This rule updates the version of the CFR that is incorporated into the Utah Air Quality rules. None of the changes incorporated into the state rules will have an impact on local government because they are already federal law.

small businesses:

This rule updates the version of the CFR that is incorporated into the Utah Air Quality rules. None of the changes incorporated into the state rules will have an impact on small businesses because they are already federal law.

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

This rule updates the version of the CFR that is incorporated into the Utah Air Quality rules. None of the changes incorporated into the state rules will have an impact on persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

There will be no compliance costs for affected persons because any changes are already federal law that must be complied with.

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

Rule R307-210 will not have a fiscal impact on Utah businesses. Utah businesses will already have to comply with federal law, despite any changes made to the state rule. By incorporating the federal rules into state law, the rules become enforceable at the state level. It does not create additional requirements for 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 rstephens@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:

07/01/2016

This rule may become effective on:

07/08/2016

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-210. Stationary Sources.

R307-210-1. Standards of Performance for New Stationary Sources (NSPS).

The provisions of 40 Code of Federal Regulations (CFR) Part 60, effective on July 1, [2014]2015, except for Subparts Cb, Cc, Cd, Ce, BBBB, DDDD, and HHHH, are incorporated by reference into these rules with the exception that references in 40 CFR to "Administrator" shall mean "director" unless by federal law the authority referenced is specific to the Administrator and cannot be delegated.

 

KEY: air pollution, stationary sources, new source review

Date of Enactment or Last Substantive Amendment: [June 4, 2015]2016

Notice of Continuation: April 6, 2011

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