Environmental Quality, Air Quality

Section R307-110-17

Section IX, Control Measures for Area and Point Sources, Part H, Emissions Limits

Notice of Proposed Rule

(Amendment)

DAR File No.: 34351
Filed: 01/06/2011 06:35:37 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In 2005, the Air Quality Board adopted Section IX Part H, Emission Limits and Operating Practices, as part of the PM10 Maintenance State Implementation Plan (SIP). Section IX.H.2.h contains a limit for total material moved (ore and waste) for the Kennecott Utah Copper Bingham Canyon Mine as a surrogate limit for direct and precursor emissions that contribute to ambient PM10 concentrations in Salt Lake County. At the September meeting of the Utah Air Quality Board, Rio Tinto, Kennecott Utah Copper (Kennecott) presented an information item outlining the need and scope of a Kennecott Bingham Canyon Mine Expansion Project. In order to obtain approval to proceed with the project, Kennecott has requested that the limit for total material moved contained in Section IX.H.2.h for the mine be adjusted from 197,000,000 tons per 12-month period to 260,000,000 tons per 12-month period. The Air Quality Board is seeking comment on increasing the limit for total material moved in Section IX.H.2.h (1) (a) of the Utah State Implementation Plan.

Summary of the rule or change:

This amendment increases the limit on total material moved (ore and waste) at the Kennecott Utah Copper Bingham Canyon Mine as contained in Section IX.H.2.h (1) (a) of the SIP from 197,000,000 tons per 12-month period to 260,000,000 tons per 12-month period.

State statutory or constitutional authorization for this rule:

• Subsection 19-2-104(3)(e)

This rule or change incorporates by reference the following material:

• Updates State Implementation Plan Section IX, Control Measures for Area and Point Sources, Part H, Emissions Limits., published by Utah Division of Air Quality, 04/06/2011

Anticipated cost or savings to:

the state budget:

No cost or savings are anticipated with this rule change. No new requirements were created with this rule change that impact the state budget.

local governments:

No cost or savings are anticipated with this rule change. No new requirements were created with this rule change that impact local government.

small businesses:

No cost or savings are anticipated with this rule change. No new requirements were created with this rule change that impact small businesses.

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

No cost or savings are anticipated with this rule change. No new requirements were created with this rule change that impact persons other than small businesses, businesses, or local government entities. Kennecott Utah Copper has stated this revision is needed to extend the useful life of the Bingham Canyon Mine.

Compliance costs for affected persons:

No costs are anticipated with this rule change. No new requirements were created with this rule change.

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

No cost or savings are anticipated with this rule change. No new requirements were created with this rule change that impact 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 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:

03/03/2011

Interested persons may attend a public hearing regarding this rule:

• 02/22/2011 03:30 PM, DEQ MASOB Building, 195 N 1950 W, Board Room (Room 1015), Salt Lake City, UT

This rule may become effective on:

04/06/2011

Authorized by:

Bryce Bird, Planning Branch Manager

R307. Environmental Quality, Air Quality.

R307-110. General Requirements: State Implementation Plan.

R307-110-17. Section IX, Control Measures for Area and Point Sources, Part H, Emissions Limits.

The Utah State Implementation Plan, Section IX, Control Measures for Area and Point Sources, Part H, Emissions Limits, as most recently amended by the Utah Air Quality Board on April 6, 2011[July 6, 2005], pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

KEY: air pollution, PM10, PM2.5, ozone

Date of Enactment or Last Substantive Amendment: [November 10, 2008]2011

Notice of Continuation: March 15, 2007

Authorizing, and Implemented or Interpreted Law: 19-2-104(3)(e)