NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: CPR (Change in Proposed Rule)
Date of previous publication (only for CPRs):
1. Agency Information
Environmental Quality, Air Quality
Multi-Agency State Office Building
Salt Lake City, UT 84114-4820
2. Contact Persons
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R307-110-13. Section IX, Control Measures for Area and Point Sources, Part D, Ozone
B. Purpose of the new rule or reason for the change:
The state of Utah is required to submit periodic emission inventories for marginal ozone nonattainment areas to the Environmental Protection Agency as part of Clean Air Act Section 182(a)(3)(A). The first periodic emission inventory for the Uinta Basin nonattainment area was completed and submitted for the year 2017.
This Change in Proposed Rule (CPR) incorporates the periodic inventories for the years 2020 and 2023 into Utah's State Implementation Plan (SIP) and as such the Board is proposing to amend Section R307-110-13 Section IX, Control Measures for Area and Point Sources, Part D, Ozone to change the Board adoption date to the anticipated date of the amended plan.
After publication in the Bulletin and a 30-day comment period, changes were made to the drafted incorporated document. This CPR is being made to incorporate those new changes and to update the Board adoption date of the plan.
C. Summary of the new rule or change:
This CPR is in response to internal reviews by technical staff during the development of related documents during the public comment process after the Utah Air Quality Board proposed the amendments for a 30-day public comment period.
New changes include:
(1) Updated pollutant daily totals for NOx, VOC, and CO in the 2020 and 2023 Uinta Basin periodic emission inventory report due to:
(a) rule reductions that had been applied twice in the area source solvent sector;
(b) the reclassification of one facility from a minor source to a major source; and
(c) the inclusion of eight minor source point facilities that had been omitted because of a reference file error.
These corrections resulted in increases of approximately one-tenth of a ton per day for all pollutants in the 2020 periodic inventory and decreases of approximately one-tenth of a ton per day of VOCs in the 2023 periodic inventory.
(2) Figure 2 in the 2020 and 2023 Uinta Basin periodic emission inventory reports was replaced with a new figure to reflect the addition of the minor source that was actually a major source.
(3) Editorial clarifications were made in the 2020 Uinta Basin periodic emission inventory report.
(EDITOR'S NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the April 15, 2026, issue of the Utah State Bulletin, on page 19. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
This CPR does not have any impact on the state budget as the change reflects work already completed by the Division of Air Quality as part of staff's required workload.
This CPR does not alter current regulations or practices.
This CPR does not have any impact on local governments as this rule requires no action by local governments.
This CPR does not alter current regulations or practices.
C. Small businesses ("small business" means a business employing 1-49 persons):
This CPR does not have any impact on small businesses as this rule requires no action by small businesses.
This CPR does not alter current regulations or practices.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
This CPR does not have any impact on non-small businesses as this rule requires no action by non-small businesses.
This CPR does not alter current regulations or practices.
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 CPR does not impact persons other than small businesses, non-small businesses, state, or local government entities as this rule requires no action by persons other than small businesses, non-small businesses, state, or local government entities.
This CPR does not alter current regulations or practices.
F. Compliance costs for affected persons:
There are no compliance costs associated with this CPR as the change is editorial to incorporate already prepared reports into our SIP.
This CPR does not alter current regulations or practices.
6. Regulatory Impact Summary Table
Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."
7. Regulatory Impact Analysis Approval
The Commissioner of the Department of Environmental Quality, Tim Davis, has reviewed and approved this regulatory impact analysis.
8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and formation:
9. Citation Information
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:
42 U.S.C. 85 Part D Section 7511a
10. Incorporation by Reference Information Incorporation 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 material incorporated by reference (a copy of the material 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 IX, Control Measures for Area and Point Sources, Part D, Ozone.
Division of Air Quality, Utah Department of Environmental Quality
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
Bryce C. Bird, Director, Division of Air
Quality
R307. Environmental Quality, Air Quality.
R307-110. General Requirements: State Implementation Plan.
R307-110-13. Section IX, Control Measures for Area and Point Sources, Part D, Ozone.
The Utah State Implementation Plan, Section IX, Control Measures for Area and Point Sources, Part D, Ozone, as most recently amended by the Utah Air Quality Board on [July 1, 2026]October 1, 2026, pursuant to Section 19-2-104, is incorporated by reference and made a part of Rule R307-110. KEY: air pollution, PM10, PM2.5, ozone
Date of Last Change: 2026
Notice of Continuation: December 1, 2021
Authorizing, and Implemented or Interpreted Law: 19-2-104
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