DAR File No. 43961

Environmental Quality, Air Quality

Section R307-405-2

Applicability

Notice of Proposed Rule

(Amendment)

DAR File No.: 43961
Filed: 08/07/2019 03:41:52 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The federal Prevention of Significant Deterioration (PSD) permitting program in 40 CFR 52.21 is incorporated by reference in Rule R307-405. The version of the CFR that is incorporated in Rule R307-405 is specified in Section R307-405-2. This rule change updates the version of 40 CFR 52.21 that is incorporated in R307-405 from the July 1, 2011 version to the July 1, 2018 version.

Summary of the rule or change:

The version of CFR that is incorporated by reference throughout this rule is updated from the July 1, 2011 version to the July 1, 2018 version.

Statutory or constitutional authorization for this rule:

• Section 19-2-104

This rule or change incorporates by reference the following material:

• Updates 40 CFR 52.21, published by Office of the Federal Registrar, 07/01/2018

Anticipated cost or savings to:

the state budget:

No cost or savings are anticipated with this rule change. No new requirements were created with this rule change as it simply updates state rule to match the already existing federal requirements.

local governments:

No cost or savings are anticipated with this rule change. No new requirements were created with this rule change as it simply updates state rule to match the already existing federal requirements.

small businesses:

No cost or savings are anticipated with this rule change. No new requirements were created with this rule change as it simply updates state rule to match the already existing federal requirements.

persons other than small businesses, businesses, or local governmental entities:

No cost or savings are anticipated with this rule change. No new requirements were created with this rule change as it simply updates state rule to match the already existing federal requirements.

Compliance costs for affected persons:

Because this rule updates the state rule to match already existing federal requirements, there are no expected compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

After conducting a thorough analysis, it was determined that this rule amendment will have no fiscal impact to businesses as the rule is being updated to match already existing federal requirements.

L. Scott Baird, Interium 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:

• Mark Berger at the above address, by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@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:

10/01/2019

This rule may become effective on:

11/07/2019

Authorized by:

Bryce Bird, Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non-Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non-Small Businesses

No non-small businesses are expected to be impacted by this rulemaking because this rule is being updated to match already-existing federal requirements.

 

The Interim Executive Director of the Department of Environmental Quality, L. Scott Baird, has reviewed and approved this fiscal analysis.

 

 

R307. Environmental Quality, Air Quality.

R307-405. Permits: Major Sources in Attainment or Unclassified Areas (PSD).

R307-405-2. Applicability.

(1) All references to 40 CFR in R307-405 shall mean the version that is in effect on July 1, [2011]2018.

(2) The provisions of 40 CFR 52.21(a)(2) are hereby incorporated by reference.

(3) Notwithstanding the exemptions in R307-401, any source that is subject to R307-405 is subject to the requirement to obtain an approval order in R307-401-5 through 8.

 

KEY: air pollution, PSD, Class I area, greenhouse gases

Date of Enactment or Last Substantive Amendment: [February 4, 2016]2019

Notice of Continuation: November 13, 2018

Authorizing, and Implemented or Interpreted Law: 19-2-104