DAR File No. 41228

This notice was published in the February 15, 2017, issue (Vol. 2017, No. 4) of the Utah State Bulletin.


Environmental Quality, Air Quality

Rule R307-135

Enforcement Response Policy for Asbestos Hazard Emergency Response Act

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 41228
Filed: 01/27/2017 09:27:19 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:

This rule was enacted by the Utah Air Quality Board under the authority of Subsection 19-2-104(1)(d). Subsection 19-2-104(1)(d) allows the Utah Air Quality Board to promulgate rules implementing the federal Asbestos Hazard Emergency Response Act in Utah. Subsections 19-2-115(2)(b) and (c) authorize penalties for violations of rules adopted under Section 19-2-104 for implementation of the Toxic Substances Control Act, Subchapter II, Asbestos Hazard Emergency Response. Rule R307-135 sets forth the conditions for issuance of a notice of violation and the penalties to be assessed for non-compliance with the rule.

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

No written comments have been received on this rule since its 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:

This rule should be continued because it sets forth the conditions for issuance of a notice of violation and the penalties to be assessed for violating the Asbestos Hazard Emergency Response Act. Without Rule R307-135, a person may be able to violate the Asbestos Hazard Emergency without penalty from the state. Therefore, Rule R307-135 is important for protecting human health and ensuring compliance with the Asbestos Hazard Emergency Response Act.

The full text of this rule may be inspected, during regular business hours, at the Office 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

Effective:

01/27/2017

Authorized by:

Bryce Bird, Director


Additional Information

More information about a Five-Year Notice of Review and Statement of Continuation 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/2017/b20170215.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.

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 rstephens@utah.gov.  For questions about the rulemaking process, please contact the Office of Administrative Rules.