DAR File No. 42639

Environmental Quality, Air Quality

Rule R307-102

General Requirements: Broadly Applicable Requirements

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 42639
Filed: 03/08/2018 11:02:14 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 under Subsection 19-2-104(1)(a). Subsection 19-2-104(1)(a) authorizes the Air Quality Board to promulgate rules "regarding the control, abatement, and prevention of air pollution from all sources and the establishment of the maximum quantity of air pollutants that may be emitted by an air pollutant source." Subsection 19-2-104(1)(c) sets forth the kinds of information that sources of air pollution must provide as addressed in Section R307-102-1. Section R307-102-4 is authorized by Section 19-2-113, and sets forth conditions under which the Air Quality Board may authorize variances from Title R307. The federal Clean Air Act, 42 U.S.C. 7401, requires that sources of air pollution not reduce the pay of any employee under certain circumstances, as addressed in Section R307-102-5.

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

There were no comments in opposition to or in support of this rule 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:

Rule R307-102 was amended on time since the last five-year review. In 2015, the rule was amended to replace the word "contaminant" with "pollutant." No comments were received during the public comment period of the rule amendment. Rule R307-102 is needed to specify the conditions for issuing variances, for confidentiality of information submitted, and to require that information be made available to the Air Quality Board. In addition, Rule R307-102 is a component of Utah's State Implementation Plan (SIP), and cannot be removed from the SIP without EPA approval. Therefore, this rule should be continued.

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:

• Thomas Gunter at the above address, by phone at 801-536-4419, by FAX at , or by Internet E-mail at thomasgunter@utah.gov

Effective:

03/08/2018

Authorized by:

Bryce Bird, Director