DAR File No. 42641

This notice was published in the April 1, 2018, issue (Vol. 2018, No. 7) of the Utah State Bulletin.

Environmental Quality, Air Quality

Rule R307-115

General Conformity

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 42641
Filed: 03/08/2018 11:04:46 AM


Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

As specified in Subsection 19-2-104(3)(q), the Air Quality Board may "meet the requirements of federal air pollution laws." One of those laws is 40 CFR Part 93, Subpart B, which is incorporated by reference by Rule R307-115. 40 CFR Part 93 Subpart B requires that no agency of the federal government support in any way any activity, with some exceptions, that does not conform to any state's implementation plan to protect air quality. 40 CFR 93.150 states that the provisions of 40 CFR Part 93 Subpart B "...establish the conformity criteria and procedures necessary to meet the (Clean Air) Act requirements until such time as the required conformity revision (by the State) is approved by the Environmental Protection Agency (EPA). A state's conformity provisions must contain criteria and procedures that are no less stringent than the requirements established in this subpart." Utah chose to meet this requirement by incorporating by reference the federal provisions.

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 R307-115 is required by 40 CFR Part 93, Subpart B. In addition, Rule R307-115 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 [email protected]



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/2018/b20180401.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 Thomas Gunter at the above address, by phone at 801-536-4419, by FAX at , or by Internet E-mail at [email protected].  For questions about the rulemaking process, please contact the Office of Administrative Rules.