DAR File No. 38104

Environmental Quality, Air Quality

Section R307-210-2

Oil and Gas Sector: New Source Performance Standards

Notice of Proposed Rule

(Amendment)

DAR File No.: 38104
Filed: 11/07/2013 09:15:41 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

On 08/16/2012, the EPA promulgated new source performance standards (NSPS) for the oil and gas sector. On 09/23/2013, the EPA revised the oil and gas sector regulations to extend compliance dates for some of the requirements. In order for these new standards to be enforceable at the state level, they need to be incorporated into the Division of Air Quality (DAQ) rules.

Summary of the rule or change:

The "Oil and Gas Sector: New Source Performance Standards" in 40 CFR 60.17, 40 CFR Part 60 Subpart KKK, 40 CFR Part 60 Subpart LLL, and 40 CFR Part 60 Subpart OOOO, promulgated by the EPA on 08/16/2012 in 77 FR 49490 and revised on 09/23/2013 in 78 FR 58435 are hereby incorporated by reference.

State statutory or constitutional authorization for this rule:

• Section 19-2-108
• Subsection 19-2-104(3)(q)

This rule or change incorporates by reference the following material:

• Adds 78 FR 58435, published by National Archives and Records Administration's Office of the Federal Register, 09/23/2013

Anticipated cost or savings to:

the state budget:

There may be an additional cost to DAQ to enforce the standards for sources that are currently inspected; however, any costs should be minimal and should not result in any additional costs to the state budget. Because new sources are subject to these standards, there may be additional costs to enforce the standards in the future, but the potential increase is currently unknown, especially for smaller sources that are not permitted by DAQ.

local governments:

There are no new requirements for local government; therefore, there are no anticipated costs or savings.

small businesses:

These provisions are already in place and federally enforceable. Any small business to which this rule might apply already should be complying with this rule; therefore, there are no anticipated costs or savings.

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

These provisions are already in place and federally enforceable. Any person other than small businesses, businesses, or local government entities to which this rule might apply already should be complying with this rule; therefore, there are no anticipated costs or savings.

Compliance costs for affected persons:

Because the provisions of this rule are already federally enforceable, affected persons should already be in compliance with it. There are no additional compliance costs associated with incorporating the new standards into the DAQ rules.

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

Because the provisions of this rule are already federally enforceable, businesses should already be in compliance with it. DAQ anticipates no fiscal impact associated with incorporating the new standards into the DAQ rules.

Amanda Smith, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division 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 [email protected]

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:

12/31/2013

This rule may become effective on:

02/06/2014

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-210. Stationary Sources.

R307-210-2. Oil and Gas Sector: New Source Performance Standards.

The "Oil and Gas Sector: New Source Performance Standards" in 40 CFR 60.17, 40 CFR Part 60 Subpart KKK, 40 CFR Part 60 Subpart LLL, and 40 CFR Part 60 Subpart OOOO promulgated by the Environmental Protection Agency on August 16, 2012 in 77 FR 49490 and revised on September 23, 2013 in 78 FR 58435 are hereby incorporated by reference.

 

KEY: air pollution, stationary sources, new source review

Date of Enactment or Last Substantive Amendment: [March 7, 2012]2014

Notice of Continuation: April 6, 2011

Authorizing, and Implemented or Interpreted Law: 19-2-104(3)(q); 19-2-108