DAR File No. 42649

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


Environmental Quality, Air Quality

Rule R307-224

Mercury Emission Standards: Coal-Fired Electric Generating Units

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 42649
Filed: 03/08/2018 11:13:36 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:

As specified in Subsection 19-2-104(3)(b)(iii), the Air Quality Board may "meet the requirements of federal air pollution laws." Nationwide reductions of mercury (Hg) emissions from certain coal-fired electric generating units were required by 40 CFR Part 60, subparts B and HHHH, and by the Designated Facilities Plan for coal-fired electric generating units, incorporated by reference at Section R307-220-5. Rule R307-224 regulates mercury emissions from any coal-fired electric generating unit as defined in 40 CFR 60.24, dated June 9, 2006.

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 R307-224 is necessary to reduce the emission of mercury through coal-fired electrical generation units. The federal courts are still hearing Michigan et al. v. Environmental Protection Agency; therefore, it is necessary to keep Rule R307-224. If, at the conclusion of Michigan v. EPA, the Mercury and Air Toxic Standards remain, staff or the Air Quality Board may take actions to repeal the current rule. 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


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