DAR File No. 38997

Environmental Quality, Air Quality

Rule R307-311

Utah County: Trading of Emission Budgets for Transportation Conformity

Notice of Proposed Rule

(New Rule)

DAR File No.: 38997
Filed: 12/04/2014 01:21:02 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule has been proposed to alleviate a problem of demonstrating conformity to the NOx budget brought on by EPA's release of a new mobile source emissions model. The new model, MOVES, replaces the older MOBILE6 model, which was used to develop the NOx budget in the 2002 PM10 SIP and must be used by the Metropolitan Planning Organization (MPO) as it prepares its conformity demonstration. Rule R307-311 establishes the procedures that may be used to trade a portion of the primary PM10 budget when demonstrating that a transportation plan, transportation improvement program, or project conforms with the motor vehicle emission budgets in the Utah County portion of Section IX, Part A of the State Implementation Plan (SIP).

Summary of the rule or change:

This rule affects the way the MPO for Utah County is able to demonstrate that the emissions associated with transportation plans, programs, and projects conform to the emission budget established in the PM10 SIP for Utah County. As proposed, the rule would allow the MPO to apply a potential surplus from its budget for direct PM10 to a commensurate shortfall in its budget for NOx, at a ration of 1 to 1. It would not, however, allow such trading in the opposite direction (e.g., to apply a surplus of NOx to a shortfall in direct PM10.) Rule R307-311 is essentially a duplicate of Rule R307-310, which allows the same type of trading when demonstrating transportation conformity to the PM10 SIP for Salt Lake County.

State statutory or constitutional authorization for this rule:

• Section 19-2-104

Anticipated cost or savings to:

the state budget:

The requirements of this rule apply to the MPO that is responsible for demonstrating transportation conformity with the Utah County portion of Section IX, Part A of the SIP. There are no requirements in this rule that will result in costs or savings to the state budget.

local governments:

The requirements of this rule apply to the MPO that is responsible for demonstrating transportation conformity with the Utah County portion of Section IX, Part A of the SIP. There are no requirements in this rule that will result in costs or savings to local government.

small businesses:

The requirements of this rule apply to the MPO that is responsible for demonstrating transportation conformity with the Utah County portion of Section IX, Part A of the SIP. There are no requirements in this rule that will result in costs or savings to small businesses.

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

This rule applies to the Metropolitan Planning Organization (MPO) responsible for demonstrating transportation conformity with the Utah County portion of Section IX, Part A of the SIP. While the rule allows for trading between emission budgets, it will not result in any additional costs or savings as the MPOs must show transportation conformity with or without the trading option.

Compliance costs for affected persons:

This rule applies to the MPO responsible for demonstrating transportation conformity with the Utah County portion of Section IX, Part A of the SIP. While the rule allows for trading between emission budgets, it will not result in any additional compliance costs as the MPOs must show transportation conformity with or without the trading option.

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

The requirements of this rule apply to the MPO that is responsible for demonstrating transportation conformity with the Utah County portion of Section IX, Part A of the SIP. There are no requirements in this rule that will have a fiscal impact on businesses.

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:

02/02/2015

This rule may become effective on:

03/05/2015

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-311. Utah County: Trading of Emission Budgets for Transportation Conformity.

R307-311-1. Purpose.

This rule establishes the procedures that may be used to trade a portion of the primary PM10 budget when demonstrating that a transportation plan, transportation improvement program, or project conforms with the motor vehicle emission budgets in the Utah County portion of Section IX, Part A of the State Implementation Plan, "Fine Particulate Matter (PM10)"

 

R307-311-2. Definitions.

The definitions contained in 40 CFR 93.101, effective as of the date referenced in R307-101-3, are incorporated into this rule by reference. The following additional definitions apply to this rule.

"Budget" means the motor vehicle emission projections used in the attainment demonstration in the Utah County portion of Section IX, Part A of the State Implementation Plan, "Fine Particulate Matter (PM10)."

"NOx" means oxides of nitrogen.

"Primary PM10" means PM10 that is emitted directly by a source. Primary PM10 does not include particulate matter that is formed when gaseous emissions undergo chemical reactions in the ambient air.

"Transportation Conformity" means a demonstration that a transportation plan, transportation improvement program, or project conforms with the emissions budgets in a state implementation plan, as outlined in 40 CFR, Chapter 1, Part 93, "Determining Conformity of Federal Actions to State or Federal Implementation Plans."

 

R307-311-3. Applicability.

(1) This rule applies to agencies responsible for demonstrating transportation conformity with the Utah County portion of Section IX, Part A of the State Implementation Plan, "Fine Particulate Matter (PM10)."

(2) This rule does not apply to emission budgets from Section IX, Part C.6 of the State Implementation Plan, "Carbon Monoxide Maintenance Plan."

 

R307-311-4. Trading Between Emission Budgets.

(1) The agencies responsible for demonstrating transportation conformity are authorized to supplement the budget for NOx with a portion of the budget for primary PM10 for the purpose of demonstrating transportation conformity for NOx. The NOx budget shall be supplemented using the following procedures.

(a) The metropolitan planning organization shall include the following information in the transportation conformity demonstration:

(i) The budget for primary PM10 and NOx for each required year of the conformity demonstration, before trading allowed by this rule has been applied;

(ii) The portion of the primary PM10 budget that will be used to supplement the NOx budget, specified in tons per day using a 1:1 ratio of primary PM10 to NOx, for each required year of the conformity demonstration;

(iii) The remainder of the primary PM10 budget that will be used in the conformity demonstration for primary PM10, specified in tons per day for each required year of the conformity demonstration; and

(iv) The budget for primary PM10 and NOx for each required year of the conformity demonstration after the trading allowed by this rule has been applied.

(b) Transportation conformity for NOx shall be demonstrated using the NOx budget supplemented by a portion of the primary PM10 budget as described in (a)(ii). Transportation conformity for primary PM10 shall be demonstrated using the remainder of the primary PM10 budget described in (a)(iii).

(c) The primary PM10 budget shall not be supplemented by using a portion of the NOx budget.

 

KEY: air pollution, transportation conformity, PM10

Date of Enactment or Last Substantive Amendment: 2015

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