Environmental Quality, Air Quality

Section R307-401-9

Small Source Exemption

Notice of Proposed Rule

(Amendment)

DAR File No.: 34051
Filed: 09/01/2010 02:07:11 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

On 05/13/2010, the Environmental Protection Agency (EPA) issued a final rule that addresses greenhouse gas (GHG) emissions from stationary sources under the Clean Air Act permitting programs. This final rule sets thresholds for GHG emissions that define when permits are required for new and existing industrial facilities under the New Source Review Prevention of Significant Deterioration (PSD) and Title V Operating Permit programs. These changes must be incorporated into our rules in order to comply with the federal requirements. Additionally, these changes will allow Utah to obtain primacy for permitting sources of GHG in Utah.

Summary of the rule or change:

This rule amendment excludes sources from the requirement to obtain an Approval Order if their GHG emissions are below the thresholds established by EPA.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

No costs or savings are expected for state government because these revisions do not create new requirements for state government.

local governments:

No costs or savings are expected for local governments because these revisions do not create new requirements for local governments.

small businesses:

No costs or savings are expected for small business because these revisions do not create new requirements for small businesses.

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

No costs or savings are expected for persons other than small businesses, businesses, or local government entities because these revisions do not create new requirements for persons other than small businesses, businesses, or local government.

Compliance costs for affected persons:

No costs are expected for affected persons because these revisions do not create new requirements 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. Without this change, the EPA plans to issue a SIP call directing us to make these changes followed by the implementation of a Federal Implementation Plan (FIP). This would make the EPA the permitting authority for Utah sources of GHG.

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
195 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:

10/15/2010

Interested persons may attend a public hearing regarding this rule:

• 10/07/2010 01:30 PM, DEQ Board Room (Room 1015), 195 N 1950 W, Salt Lake City, UT

This rule may become effective on:

01/01/2011

Authorized by:

Bryce Bird, Planning Branch Manager

R307. Environmental Quality, Air Quality.

R307-401. Permit: New and Modified Sources.

R307-401-9. Small Source Exemption.

(1) A small stationary source is exempted from the requirement to obtain an approval order in R307-401-5 through 8 if the following conditions are met.

(a) its actual emissions are less than 5 tons per year per air contaminant of any of the following air contaminants: sulfur dioxide, carbon monoxide, nitrogen oxides, PM ₁₀, ozone, or volatile organic compounds;

(b) its actual emissions are less than 500 pounds per year of any hazardous air pollutant and less than 2000 pounds per year of any combination of hazardous air pollutants;

(c) its actual emissions are less than 500 pounds per year of any air contaminant not listed in (a)( or (b) above and less than 2000 pounds per year of any combination of air contaminants not listed in (a) or (b) above.

(d) Air contaminants that are drawn from the environment through equipment in intake air and then are released back to the environment without chemical change, as well as carbon dioxide, nitrogen, oxygen, argon, neon, helium, krypton, xenon should not be included in emission calculations when determining applicability under (a) through (c) above.

(2) The owner or operator of a source that is exempted from the requirement to obtain an approval order under (1) above shall no longer be exempt if actual emissions in any subsequent year exceed the emission thresholds in (1) above. The owner or operator shall submit a notice of intent under R307-401-5 no later than 180 days after the end of the calendar year in which the source exceeded the emission threshold.

(3) Small Source Exemption - Registration. The executive secretary will maintain a registry of sources that are claiming an exemption under R307-401-9. The owner or operator of a stationary source that is claiming an exemption under R307-401-9 may submit a written registration notice to the executive secretary. The notice shall include the following minimum information:

(a) identifying information, including company name and address, location of source, telephone number, and name of plant site manager or point of contact;

(b) a description of the nature of the processes involved, equipment, anticipated quantities of materials used, the type and quantity of fuel employed and nature and quantity of the finished product;

(c) identification of expected emissions;

(d) estimated annual emission rates;

(e) any control apparatus used; and

(f) typical operating schedule.

(4) An exemption under R307-401-9 does not affect the requirements of R307-401-17, Temporary Relocation.

(5) A stationary source that is not required to obtain a permit under R307-405 for greenhouse gases, as defined in R307-405-3(9)(a), is not required to obtain an approval order for greenhouse gases under R307-401. This exemption does not affect the requirement to obtain an approval order for any other air contaminant emitted by the stationary source.

 

KEY: air pollution, permits, approval orders, greenhouse gases

Date of Enactment or Last Substantive Amendment: [February 8, 2008]2011

Notice of Continuation: July 13, 2007

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