DAR File No. 42652

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


Environmental Quality, Air Quality

Rule R307-312

Aggregate Processing Operations for PM2.5 Nonattainment Areas

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 42652
Filed: 03/08/2018 11:17:17 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." Rule R307-312 reduces PM2.5 emissions emitted from aggregate processing operations by establishing reasonably available control technology (RACT) requirements within PM2.5 nonattainment areas, as well as clarifying regulatory requirements to the industry.

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 have been no comments in opposition to or in support of this rule since the adoption of the 2016 amendments.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Rule R307-312 was amended one time since the rule was created. In 2016, the rule was amended to clarify which records would be used to determine production. Rule R307-312 is needed to establish RACT controls in aggregate processing operations emitting PM2.5. Rule R307-312 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


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.