HomeMy WebLinkAboutDAQ-2024-011434State of Utah Administrative Rule Analysis Revised May 2024
NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: Amendment
Rule or Section Number: R307-110-36 Filing ID: Office Use Only
Date of Previous Publication (Only for CPRs): Click or tap to enter a date.
Agency Information
1. Title catchline: Environmental Quality, Air Quality
Building: Multi-Agency State Office Building
Street address: 195 N 1950 W
City, state: Salt Lake City
Mailing address: PO Box 144820
City, state and zip: Salt Lake City, UT 84114-4820
Contact persons:
Name: Phone: Email:
Erica Pryor 385-499-3416 epryor1@utah.gov
Mat Carlile 385-306-6535 mcarlile@utah.gov
Please address questions regarding information on this notice to the persons listed above.
General Information
2. Rule or section catchline:
R307-110-36. General Requirements: State Implementation Plan
3. Purpose of the new rule or reason for the change:
The Utah Air Quality Board (Board) has proposed for public comment amended Utah State Implementation Plan (SIP), Section X, Part F. Section R307-110-36 incorporates SIP Section X, Parts F, into the rule and must be amended to change the Board adoption date to the anticipated adoption date of the amended plan
4. Summary of the new rule or change:
Section R307-110-36 incorporates Section X Part F of the Utah State Implementation Plan (SIP). Section R307-110-36 incorporates Section X Part F of the Utah SIP. Part F contains the requirements of Cache County’s I/M program. Amendments to Part F update the plan to incorporate changes to Cache County’s I/M regulation to ensure that the SIP reflects the current program. Section R307-110-36 is amended by changing the date of the last adoption by the Air Quality Board to February 5, 2025. These changes were already legally enforceable, and the amendment is bringing the rule in line with federal law.
Fiscal Information
5. Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
A) State budget:
This rule change will not have any fiscal impact on the state budget because it does not enact or remove any new requirements.
B) Local governments:
This rule change will not have any fiscal impact on the local governments because it does not enact or remove any new requirements
C) Small businesses ("small business" means a business employing 1-49 persons):
This rule change will not have any fiscal impact on small businesses because it does not enact or remove any new requirements.
D) Non-small businesses ("non-small business" means a business employing 50 or more persons):
This rule change will not have any fiscal impact on non- small businesses because it does not enact or remove any new requirements.
E) Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
This rule change will have not any fiscal impact on other persons because it does not enact or remove any new requirements.
F) Compliance costs for affected persons (How much will it cost an impacted entity to adhere to this rule or its changes?):
No additional costs for affected persons are anticipated due to this rule change because it does not enact or remove any new requirements.
G) Regulatory Impact Summary Table (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 will be included in narratives above.)
Regulatory Impact Table
Fiscal Cost FY2025 FY2026 FY2027
State Government $0 $0 $0
Local Governments $0 $0 $0
Small Businesses $0 $0 $0
Non-Small Businesses $0 $0 $0
Other Persons $0 $0 $0
Total Fiscal Cost $0 $0 $0
Fiscal Benefits FY2025 FY2026 FY2027
State Government $0 $0 $0
Local Governments $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
H) Department head comments on fiscal impact and approval of regulatory impact analysis:
The Executive Director of the Department of Environmental Quality, Kim D. Shelley, has reviewed and approved this regulatory impact analysis.
Citation Information
6. Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
Section 19-6a-1642 40 CFR Part 51 Subpart S Inspection and Maintenance Program Requirements
Incorporations by Reference Information
7. Incorporations by Reference (if this rule incorporates more than two items by reference, please include additional tables):
A) This rule adds or updates the following title of materials incorporated by references (a copy of materials incorporated by reference must be submitted to the Office of Administrative Rules; if none, leave blank):
Official Title of Materials Incorporated (from title page) UTAH STATE IMPLEMENTATION PLAN SECTION X VEHICLE INSPECTION AND MAINTENANCE PROGRAM PART F CACHE COUNTY
Publisher Division of Air Quality, Utah Department of Environmental Quality
Issue Date February 5, 2025
Issue or Version
B) This rule adds or updates the following title of materials incorporated by references (a copy of materials incorporated
by reference must be submitted to the Office of Administrative Rules; if none, leave blank):
Official Title of Materials Incorporated (from title page)
Publisher
Issue Date
Issue or Version
Public Notice Information
8. The public may submit written or oral comments to the agency identified in box 1. (The public may also request a hearing by submitting a written request to the agency. See Section 63G-3-302 and Rule R15-1 for more information.)
A) Comments will be accepted until: 12/31/2024
B) A public hearing (optional) will be held:
Date (mm/dd/yyyy): Time (hh:mm AM/PM): Place (physical address or URL):
12/18/2024 2:30 PM R307-110-36 Public Hearing Wednesday, December 18, 2024 at 2:30 PM In Person Multi-Agency State Office Building (MASOB) 195 N 1950 W, Salt Lake City, UT 84116, USA Air Quality Board Room 1015, 1st Floor Or attend virtually: Air Quality Public Hearing R307-110-36 Wednesday, December 18 · 2:30 – 3:30pm Time zone: America/Denver Google Meet joining info Video call link: https://meet.google.com/pap-hiyu-unw Or dial: 4082-438-413 1+ (US) PIN: 203 356677# More phone numbers: https://tel.meet/pap-hiyu-unw?pin=6631750756387 In accordance with 63G-3-302, please note that if no requests for a public hearing for R307-110-36 are received by 2:00pm on December 13th, 2024, then we will cancel this hearing. To determine if the hearing has been cancelled and/or view the cancellation notice, you can visit: https://deq.utah.gov/air-quality/air-quality-rule-plan-changes-open-public-comment
To the agency: If more than one hearing will take place, continue to add rows.
9. This rule change MAY become effective on: 02/05/2025
NOTE: The date above is the date the agency anticipates making the rule or its changes effective. It is NOT the effective date.
Agency Authorization Information
To the agency: Information requested on this form is required by Sections 63G-3-301, 63G-3-302, 63G-3-303, and 63G-3-402. Incomplete forms will be returned to the agency for completion, possibly delaying publication in the Utah State Bulletin and delaying the first possible effective date.
Agency head or designee and title: Bryce C. Bird, Director, Division of Air Quality Date: 10/23/2024
R307. Environmental Quality, Air Quality. R307-110. General Requirements: State Implementation Plan. …. R307-110-36. Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County. The Utah State Implementation Plan, Section X, Vehicle Inspection and Maintenance Program, Part F, Cache County, as most recently adopted by the Utah Air Quality Board on [(September 4, 2019)]February 5, 2025, 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 Last Change: February 7, 2024 Notice of Continuation: December 1, 2021 Authorizing, and Implemented or Interpreted Law: 19-2-104