DAR File No. 41355

Environmental Quality, Air Quality

Section R307-101-3

Version of Code of Federal Regulations Incorporated by Reference

Notice of Proposed Rule

(Amendment)

DAR File No.: 41355
Filed: 03/14/2017 01:49:03 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended so that Utah 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. There was only one substantive change to any specific section of the CFR incorporated by this rule. The one change was to remove the recordkeeping and inventory requirements relating to tertiary butyl acetate (TBAC). A summary of every federal rule that is being incorporated by Section R307-101-3 can be found at http://www.deq.utah.gov/boards/airquality.

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, 07/01/2016

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 because the changes are already included in federal law that must be complied with.

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:

Section R307-101-3 will not have a fiscal impact on Utah businesses. The changes in federal law will have to be complied with by Utah businesses regardless of whether the state incorporates them into its Air Quality rules. By incorporating the federal rules into state law, it makes the rules enforceable on a 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 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

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:

05/01/2017

This rule may become effective on:

05/08/2017

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-101. General Requirements.

R307-101-3. Version of Code of Federal Regulations Incorporated by Reference.

Except as specifically identified in an individual rule, the version of the Code of Federal Regulations (CFR) incorporated throughout R307 is dated July 1, 201[5]6.

 

KEY: air pollution, definitions

Date of Enactment or Last Substantive Amendment: [August 4, 2016]2017

Notice of Continuation: May 8, 2014

Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a)