Environmental Quality, Air Quality

Section R307-101-3

Version of Code of Federal Regulations Incorporated by Reference

Notice of Proposed Rule

(Amendment)

DAR File No.: 33251
Filed: 12/07/2009 01:12:34 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section R307-101-3 incorporates by reference the version of the Code of Federal Regulations (CFR) used in a majority of rules adopted by the Air Quality Board. This allows rules that reference Section R307-101-3 to update the incorporation date with only one rule amendment. The most current version of the CFR for Environmental regulations has been updated from 07/01/2008, to 07/01/2009; therefore it is necessary to change Section R307-101-3.

Summary of the rule or change:

The following is a list of changes to 40 CFR from 07/01/2008, to 07/01/2009, that affect rules which reference Section R307-101-3. (NOTE: References that refer to "Vol. XX, No. YY/Pages ZZZZ" refer to the Federal Register.) In Vol. 74, No. 12 / Pages 3437-41: Air Quality: Revision to Definition of Volatile Organic Compounds--Exclusion of Propylene Carbonate and Dimethyl Carbonate. This action revised EPA's definition of volatile organic compounds (VOCs) for the purposes of preparing state implementation plans to attain the national ambient air quality standard for ozone under Title I of the Clean Air Act (Act). This revision added the compounds propylene carbonate and dimethyl carbonate to the list of compounds which are excluded from the definition of VOC on the basis that these compounds make a negligible contribution to tropospheric ozone formation. Section 51.100 was amended at the end of paragraph (s)(1) introductory text by removing the words "and perfluorocarbon compounds which fall into these classes:" and adding in their place a semi-colon and the words "propylene carbonate; dimethyl carbonate; and perfluorocarbon compounds which fall into these classes:". In Vol. 74, No. 56, Page 12575-93: Performance Specification 16 for Predictive Emissions Monitoring Systems and Amendments to Testing and Monitoring Provisions. EPA promulgated Performance Specification (PS) 16 for predictive emissions monitoring systems (PEMS). Performance Specification 16 provides testing requirements for assessing the acceptability of PEMS when they are initially installed. Currently, there are no federal rules requiring the use of PEMS; however, some sources have obtained Administrator approval to use PEMS as alternatives to continuous emissions monitoring systems (CEMS). Other sources may desire to use PEMS in cases where initial and operational costs are less than CEMS and process optimization for emissions control may be desirable. Performance Specification 16 will apply to any PEMS required in future rules in 40 CFR Parts 60, 61, or 63, and in cases where a source petitions the Administrator and receives approval to use a PEMS in lieu of another emissions monitoring system required under the regulation. This action also finalized minor technical amendments. In Vol. 74, No. 102, Page 25666-9: Update of Continuous Instrumental Test Methods; Correction. EPA promulgated revisions to continuous instrumental test methods on 05/22/2008, where a number of technical amendments were made to five test methods. Several of the revisions were added to the text in the wrong places and in some cases duplicate insertions were made. The definition for system bias was also inadvertently revised. This action corrected those publication errors. In Vol. 73, No. 246, Page 78199-219: Alternative Work Practice To Detect Leaks From Equipment. Numerous EPA air emissions standards require specific work practices for equipment leak detection and repair. On 04/06/2006, EPA proposed a voluntary alternative work practice for leak detection and repair using a newly developed technology, optical gas imaging. The alternative work practice is an alternative to the current leak detection and repair work practice, which was not revised. The proposed alternative was amended in this final rule to add a requirement to perform monitoring once per year using the current Method 21 leak detection instrument. This action revises the General Provisions to incorporate the final alternative work practice. In Vol. 73, No. 241, Page 75954-9: Rulemaking To Reaffirm the Promulgation of Revisions of the Acid Rain Program Rules. EPA took direct final action to reaffirm the promulgation of certain revisions of the Acid Rain Program rules in order to prevent disruption of this program, which has achieved significant, cost-effective reductions in sulfur dioxide (SO2) emissions from utility sources since its commencement in 1995. These rule revisions were finalized in the Federal Register notices that also finalized the Clean Air Interstate Rule (CAIR) and the Federal Implementation Plans for CAIR (CAIR FIPs). The U.S. Court of Appeals for the District of Columbia Circuit recently issued a decision vacating and remanding CAIR and the CAIR FIPs. EPA and other parties have petitioned for rehearing, and the Court has not yet issued a mandate in the case. These revisions to the Acid Rain Program rules were not addressed by, or involved in any of the issues raised by, any parties in the proceeding or the Court. EPA believes it is reasonable to view these revisions as unaffected by the Court's decision. However, EPA is reaffirming--pursuant to its authority under Title IV of the Clean Air Act (CAA) and CAA section 301--the promulgation of these revisions in this interim final rule in order to remove any uncertainty about their legal status because they have been in effect since mid-2006, most of them are crucial to the ongoing operation of the Acid Rain Program, and the rest of them streamline and clarify requirements of the program. In Vol. 73, No. 241, Page 75959-68: Rulemaking To Reaffirm the Promulgation of Revisions of the Acid Rain Program Rules. EPA took interim action to reaffirm the promulgation of certain revisions of the Acid Rain Program rules in order to prevent disruption of this program, which has achieved significant, cost-effective reductions in SO2 emissions from utility sources since its commencement in 1995. These rule revisions were finalized in the Federal Register notices that also finalized the CAIR and the CAIR FIPs. The U.S. Court of Appeals for the District of Columbia Circuit recently issued a decision vacating and remanding CAIR and the CAIR FIPs. EPA and other parties have petitioned for rehearing, and the Court has not yet issued a mandate in the case. These revisions to the Acid Rain Program rules were not addressed by, or involved in any of the issues raised by, any parties in the proceeding or the Court. EPA believes it is reasonable to view these revisions as unaffected by the Court's decision. However, EPA is reaffirming--pursuant to its authority under Title IV of the CAA and CAA section 301--the promulgation of these revisions in this interim final rule in order to remove any uncertainty about their legal status because they have been in effect since mid-2006, most of them are crucial to the ongoing operation of the Acid Rain Program, and the rest of them streamline and clarify requirements of the program. In Vol. 74, No. 57, Page 13124: Promulgation of Revisions of the Acid Rain Program Rules. Because EPA received an adverse comment, EPA withdrew the direct final rule for "Rulemaking to Reaffirm the Promulgation of Revisions of the Acid Rain Program Rules," which was published in the Federal Register on 12/15/2008 (73 FR 75954). In Vol. 74, No. 112, Page 27940-4: Rulemaking To Reaffirm the Promulgation of Revisions of the Acid Rain Program Rules. In this action, EPA reaffirmed the promulgation of certain revisions of the Acid Rain Program rules. These revisions have been in effect since mid-2006. Most of them are crucial to the ongoing operation of the Acid Rain Program, and the rest of them streamline and clarify requirements of the program, which has achieved significant, cost-effective reductions in SO2 emissions from utility sources since its commencement in 1995. These rule revisions were finalized in the Federal Register notices that also finalized the CAIR and the final CAIR FIPs. On 07/11/2008, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision vacating and remanding CAIR and the CAIR FIPs. On 12/23/2008, in response to petitions for rehearing, the Court modified its 07/11/2008 decision and remanded CAIR and the CAIR FIPs but without a vacatur. These revisions to the Acid Rain Program rules were not addressed by, or involved in any of the issues raised by, any parties in the proceeding or the Court. EPA believes it is reasonable to view these revisions as unaffected by the Court's decision. However, EPA is treating the Court's remand as covering these revisions and, in response to the remand, is finalizing the rule reaffirming--pursuant to its authority under Title IV of the CAA and CAA section 301--the promulgation of these revisions on their merits and in order to remove any uncertainty about their regulatory status. With this action, the existing Acid Rain regulations continue in effect, and the Acid Rain Program continues to operate, unchanged and uninterrupted. In Vol. 73, No. 214, Page 65554-6: Stay of the Effectiveness of Requirements for Air Emission Testing Bodies. EPA took final action to stay the effectiveness of requirements for air emission testing bodies (AETBs). On 01/24/2008, final amendments to regulations on competency requirements for air emission testing bodies were published in the Federal Register. The AETB provision generally requires stack testers and stack testing companies to meet certain minimum competency requirements described in ASTM D 7036 by 01/01/2009. On 03/25/2008, the Utility Air Regulatory Group (UARG) filed a Petition for Review primarily claiming that EPA could not by the AETB requirement hold utilities responsible for something they cannot control. While EPA is considering revisions to the requirements to address UARG's concerns, it cannot propose and complete any such revision through notice and comment rulemaking before the compliance date contained in the existing rule, thus necessitating this action. EPA needs to complete this action staying effectiveness of the AETB requirements in order to secure an extension of an Order Granting Abeyance of Further Proceedings which expires on 10/29/2008, when the Agency must file Motions to Govern Further Proceedings.

State statutory or constitutional authorization for this rule:

• Subsection 19-2-104(1)(a)

This rule or change incorporates by reference the following material:

• Updates: Title 40 Code of Federal Regulations, July 1, 2009

Anticipated cost or savings to:

the state budget:

Because these revisions do not create new requirements, no change in costs is expected for the state budget.

local governments:

Because this revision does not create new requirements, no change in costs is expected for local governments.

small businesses:

Because this revision does not create new requirements, no change in costs is expected for small businesses.

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

Because this revision does not create new requirements, no change in costs is expected for other persons.

Compliance costs for affected persons:

Because this revision does not create new requirements, no change in costs is expected for affected persons.

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

This amendment does not create new requirements. Therefore, no additional costs are expected.

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 Quality
150 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Kimberly Kreykes at the above address, by phone at 801-536-4042, by FAX at 801-536-4099, or by Internet E-mail at kkreykes@utah.gov

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:

02/01/2010

Interested persons may attend a public hearing regarding this rule:

• 01/20/2010 01:00 PM, Division of Air Quality, Main Conference Room, 150 N 1950 W, Salt Lake City, UT

This rule may become effective on:

03/03/2010

Authorized by:

Bryce Bird, Planning Branch Manager

R307. Environmental Quality, Air Quality.

R307-101. General Requirements.

R307-101-3. Version of Code of Federal Regulations Incorporated by Reference.

Except as specifically identified in an individual rule, the version of the Code of Federal Regulations (CFR) incorporated throughout R307 is dated July 1, 2009[8].

 

KEY: air pollution, definitions

Date of Enactment or Last Substantive Amendment: [July 2, 2009]2010

Notice of Continuation: July 2, 2009

Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a)