NOTICE OF PUBLIC HEARING
Unavoidable Breakdown Rule R307-107
On April 18, 2011, the Environmental Protection Agency (EPA) published a final rule, Finding of Substantial Inadequacy of Implementation Plan; Call for Utah State Implementation Plan Revision 76 @ Fed. Reg. 21639. According to EPA, Utah\'s unavoidable breakdown rule \"undermines EPA\'s, Utah\'s, and citizens\' ability to enforce emission limitations that have been relied on to ensure attainment or maintenance of the National Ambient Air Quality Standards (NAAQS) or meet other Clean Air Act (CAA) requirements. EPA is requiring that the State revise the State Implementation Plan (SIP) to remove R307107 or correct its deficiencies and submit the revised SIP to EPA within 18 months of the effective date of this final rule.\"
EPA has given Utah two options to avoid possible sanctions: withdraw the rule from the SIP or revise the rule to address the deficiencies by November 19, 2011.
The outcome of a stakeholder process was to develop the current proposed rule, also called an Enforcement Discretion approach. Other stakeholders supported an approach called Affirmative Defense.
The Utah Air Quality Board is proposing to repeal the current rule R307-107 and replace it with an Enforcement Discretion rule. As part of this rulemaking, the Board decided it would solicit public comment on an alternative Affirmative Defense rule that is approvable by the EPA. The EPA has approved in part, and denied in part, an Affirmative Defense rule submitted by the State of Colorado. See link to EPA\'s ruling on the Colorado Affirmative Defense: https://www.federalregister.gov/articles/2006/02/22/06-1567/approval-and-disapproval-and-promulgation-of-air-quality-implementation-plans-colorado-affirmative. See link to the Colorado rule http://www.cdphe.state.co.us/regulations/airregs/5CCR1001-2.pdf. For easy access to these links, go to airquality.utah.gov and look under the News and Events heading, Unavoidable Breakdown Rule.
The Board is also soliciting comments on an option to withdraw the existing unavoidable breaking rule from the State Implementation Plan.
The Utah Division of Air Quality will hold a public hearing at 9:00 a.m. on March 20, 2012, in the Four Corners Conference Room, #4100, at 195 North 1950 West in Salt Lake City, Utah. In compliance with the Americans with Disabilities Act, individuals with special needs (including auxiliary communicative aids and services) should contact Brooke Baker, Office of Human Resources, at 801-536-4412 (TDD 536-4414).
The comment period closes at 5:00 p.m. on April 2, 2012. Comments postmarked on or before that date will be accepted. Comments may be submitted by electronic mail to email@example.com or may be made through the Utah Division of Air Quality website at http://www.airquality.utah.gov/Public-Interest/Public-Commen-Hearings/Pubrule.htm or may be mailed to:
ATTN: Unavoidable Breakdown Rule
Division of Air Quality
PO Box 144820
Salt Lake City, UT 84114-4820
Publication date: February 16 and March 1, 2012