DAR File No. 44042

Environmental Quality, Air Quality

Section R307-110-10

Section IX, Control Measures for Area and Point Sources, Part A, Fine Particulate Matter

Notice of Proposed Rule

(Amendment)

DAR File No.: 44042
Filed: 09/05/2019 10:09:42 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Air Quality Board (Board) has proposed for public comment amendments to Utah State Implementation Plan (SIP), Section IX, Part A. The amendments to the SIP add plans that demonstrate maintenance of the 24-hour PM2.5 National Ambient Air Quality Standard (NAAQS) through the year 2035 for the 3 nonattainment areas. The nonattainment areas are Logan, UT-ID, Provo, and Salt Lake City. Section R307-110-10 incorporates Section IX, Part A into this rule, and must be amended to change the Board adoption date to the anticipated adoption date of the amended plan.

Summary of the rule or change:

Section R307-110-10 is amended by changing the date of the last adoption by the Air Quality Board to December 4, 2019. The Maintenance Plans for Logan, Provo, and Salt Lake City will be open for public comment and found at https://deq.utah.gov/air-quality/air-quality-rule-plan-changes-open-public-comment.

Statutory or constitutional authorization for this rule:

• Subsection 19-2-104(1)(a)

This rule or change incorporates by reference the following material:

• Updates Utah State Implementation Plan Section IX, Control Measures for Area and Point Sources, Part A, Fine Particulate Matter., published by Utah Division of Air Quality, 12/04/2019

Anticipated cost or savings to:

the state budget:

This rule change is not expected to have any fiscal impact on the state budget because the plan being incorporated into this rule shows how already existing regulations will lead to attainment of the PM2.5 air quality standard.

local governments:

This rule change is not expected to have any fiscal impact on local governments because the plan being incorporated into this rule shows how already existing regulations will lead to attainment of the PM2.5 air quality standard.

small businesses:

This rule change is not expected to have any fiscal impact on small businesses because the plan being incorporated into this rule shows how already existing regulations will lead to attainment of the PM2.5 air quality standard.

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

This rule change is not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities because the plan being incorporated into this rule shows how already existing regulations will lead to attainment of the PM2.5 air quality standard.

Compliance costs for affected persons:

This rule change will not have a compliance cost for affected persons because the plan being incorporated into this rule shows how already existing regulations will lead to attainment of the PM2.5 air quality standard.

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

After conducting a thorough analysis, it is determined that this proposed rule change will not result in a fiscal impact to businesses due to the plan being incorporated into this rule showing how existing regulations will lead to the attainment of the PM2.5 air quality standard.

Scott Baird, Interim 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:

• Liam Thrailkill at the above address, by phone at 801-536-4419, by FAX at , or by Internet E-mail at lthrailkill@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:

10/31/2019

This rule may become effective on:

12/05/2019

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

This rule change is not expected to have any fiscal impact on non-small businesses' revenues or expenditures, because the plan being incorporated into the rule shows how existing regulations will lead to the attainment of the PM2.5 air quality standard.

 

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

 

 

R307. Environmental Quality, Air Quality.

R307-110. General Requirements: State Implementation Plan.

R307-110-10. Section IX, Control Measures for Area and Point Sources, Part A, Fine Particulate Matter.

The Utah State Implementation Plan, Section IX, Control Measures for Area and Point Sources, Part A, Fine Particulate Matter, as most recently amended by the Utah Air Quality Board on [January 2]December 4, 2019, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

KEY: air pollution, PM10, PM2.5, ozone

Date of Enactment or Last Substantive Amendment: [ March 5, ]2019

Notice of Continuation: January 27, 2017

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