Environmental Quality, Air Quality

Section R307-210-1

Standards of Performance for New Stationary Sources (NSPS)

Notice of Proposed Rule

(Amendment)

DAR File No.: 35496
Filed: 12/01/2011 09:10:50 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule incorporates the majority of 40 Code of Federal Regulations (CFR) Part 60 into the Utah Air Quality Rules. Since 03/20/2007, 40 CFR Part 60 has undergone many substantive changes that have not been incorporated into the state rules; therefore, Rule R307-210 needs to be amended to incorporate these changes published as of 07/01/2011. The federal rules already apply to the sources; incorporating them into the state rule allows the Division of Air Quality to enforce the standards. In addition to incorporating the modifications to the standards, specific subparts of Part 60 that are regulated in different rules have been excluded in Rule R307-210.

Summary of the rule or change:

Amendments in the federal New Source Performance Standards have been made in 40 CFR Part 60 since Utah last incorporated the standards by reference into Rule R307-210. The amendment incorporates the revised federal standards through 07/01/2011. The federal rules already apply to the sources; incorporating them into the state rule allows the Division of Air Quality to enforce the standards. The following amendments to 40 CFR Party 60 are what are being incorporated into Rule R307-210. On 03/20/2007, 40 CFR Part 60; Subpart Eb EPA reconsidered three aspects of the "Standards of Performance for New Stationary Sources and emissions Guidelines for Existing Sources: Large Municipal Waste Combustors" rule: operator stand-in provisions, data requirements for continuous monitors, and the status of operating parameters during the two-weeks prior to mercury and dioxin/furan testing. On 06/13/2007, EPA amended 40 CFR Part 60; Subparts D, Da, Db, and Dc. EPA amended the new source performance standards (NSPS) for electric utility steam generating units and industrial-commercial-institutional steam generating units. These amendments to the regulations add compliance alternatives for owners and operators of certain affected sources, revise certain record keeping and reporting requirements, correct technical and editorial errors, and update the grammatical style of the four subparts to be more consistent across all of the subparts. On 10/19/2007, EPA amended 40 CFR Part 60; Subpart B. EPA revised the calculation methodology for the efficiency standard in the cogeneration unit definition to exclude energy input from biomass making it more likely those units co-firing biomass will be able to meet the efficiency standard and qualify for exemption. Because this change will only affect a small number of relatively low emitting units, it will have little effect on the projected emissions reductions and the environmental benefits of these rules. On 11/16/2007, EPA amended 40 CFR Part 60; Subparts VV, GGG, VVa, and GGGa. EPA issued final amendments to the standards of performance for equipment leaks of volatile organic compounds in the synthetic organic chemicals manufacturing industry and to the standards of performance for equipment leaks of volatile organic compounds in petroleum refineries. On 05/06/2008, EPA amended 40 CFR Part 60; Subpart A. EPA corrected the address for EPA Region VIII in General Provisions of EPA regulations. Certain EPA air pollution control regulations require submittal of notifications, reports, and other documents to the EPA regional office. On 05/22/2008 EPA amended 40 CFR Part 60; Appendix A. EPA took final action to correct errors in a final rule published 05/15/2006 that updated five continuous instrumental test methods. On 06/02/2008, EPA amended 40 CFR Party 60; subparts VV, VVa, GGG, and GGGa. EPA took direct final action on the standards of performance for equipment leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry (SOCMI) and Petroleum Refineries. On 06/24/2008, EPA amended 40 CFR Part 60; Subparts J and Ja. EPA issued final amendments to the current Standards of Performance for Petroleum Refineries. This action also promulgated separate standards of performance for new, modified, or reconstructed process units at petroleum refineries. The final standards for new process units include emissions limitations and work practice standards for fluid catalytic cracking units, fluid coking units, delayed coking units, fuel gas combustion devices, and sulfur recovery plants. On 10/08/2008, EPA amended 40 CFR Part 60; Subpart JJJ. EPA set emission standards for new nonroad spark ignition engines that will substantially reduce emissions from these engines. The exhaust emission standards started in 2010 for new marine spark ignition engines, including first-time EPA standards for stern drive and inboard engines. The exhaust emission standards start in 2011 and 2012 for different sizes of new land based, spark-ignition engines at or below 19 kilowatts (kW). These small engines are used primarily in lawn and garden applications. EPA also adopted evaporative emission standards for vessels and equipment using any of these engines. EPA also made other minor amendments to its regulations. On 12/22/2008, EPA amended 40 CFR Part 60; Subpart A. EPA added a requirement to perform monitoring once per year using the current Method 21 leak detection instrument. On 01/28/2009, EPA amended 40 CFR Part 60; Subparts D, Da, Db, and Dc. EPA amended the new source performance standards (NSPS) for electric utility steam generating units and industrial-commercial-institutional steam generating units. These amendments to the regulations are to add compliance alternatives for owners and operators of certain affected sources, eliminate the opacity standard for facilities with a particulate matter (PM) limit of 0.030 lb/million British thermal units (MMBtu) or less that choose to voluntarily install and use PM continuous emission monitors (CEMS) to demonstrate compliance with that limit, and to correct technical and editorial errors. On 03/20/2009, EPA amended 40 CFR Part 60; Subpart KKKK. EPA took direct final action on amendments to the sulfur dioxide air emission standards for stationary combustion turbines that burn biogas (landfill gas, digester gas, etc.). On 03/25/2009, EPA amended 40 CFR Part 60; Appendix B. EPA took final action to promulgate Performance Specification (PS) 16 for predictive emissions monitoring systems (PEMS). On 04/23/2009, EPA amended 40 CFR Party 60; Appendix B. EPA corrected final action to promulgate Performance Specification (PS) 16 for predictive emissions monitoring systems (PEMS). On 04/28/2009, EPA amended 40 CFR Party 60; Subpart OOO. EPA finalized amendments to the Standards of Performance for Nonmetallic Mineral Processing Plant(s) (NMPP). These final amendments include revisions to the emission limits for NMPP affected facilities which commence construction, modification, or reconstruction on or after 04/22/2008. On 05/29/2009, EPA amended 40 CFR Part 60; Appendix A. EPA published a final rule in the Federal Register on 05/22/2008, that made technical corrections to five test methods. Inadvertent printing errors were made in the publication. Text insertions were misplaced, duplicate insertions were made, and the definition for system bias was inadvertently revised. The purpose of this action was to correct these errors. On 10/06/2009, EPA amended 40 CFR Part 60; Subparts B, Ce, and Ec. EPA amended 40 CFR Part 60, Subpart B, Ce, and Ec in response to the U.S. Court of Appeals for the District of Columbia Circuit Court's remand of the 1997 new source performance standards and emissions guidelines for hospital/medical/infectious waste incinerators. On 10/08/2009, EPA amended 40 CFR Part 60; Subpart Y. EPA promulgated amendments to the new source performance standards for coal preparation and processing plants. These final amendments include revisions to the emission limits for particulate matter and opacity standards for thermal dryers, pneumatic coal cleaning equipment, and coal handling equipment (coal processing and conveying equipment, coal storage systems, and coal transfer and loading systems) located at coal preparation and processing plants. On 09/09/2010, EPA amended 40 CFR Party 60; Subpart F. EPA finalized amendments to the New Source Performance Standards (NSPS) for Portland Cement Plants. The final amendments to the NSPS added or revised, as applicable, emission limits for PM, opacity, nitrogen oxides (NOX), and sulfur dioxide (SO2) for facilities that commence construction, modification, or reconstruction after 06/16/2008. The final rule also includes additional testing and monitoring requirements for affected sources. On 09/13/2010, EPA amended 40 CFR Part 60, Subpart A. EPA promulgated amendments to the General Provisions to allow accredited providers to supply stationary source audit samples and to require sources to obtain and use these samples from the accredited providers instead of from EPA. All requirements pertaining to the audit samples have been moved to the General Provisions and have been removed from the test methods because the current language in the test methods regarding audit samples is inconsistent from method to method. Therefore, deleting all references to audit samples in the test methods eliminated any possible confusion and inconsistencies. Under this final rule, the requirement to use an audit sample during a compliance test will apply to all test methods for which a commercially available audit exists. On 01/18/2011, EPA amended 40 CFR Part 60; Subparts IIII and JJJ. EPA promulgated new source standards of performance for stationary spark ignition internal combustion engines. EPA also promulgated national emission standards for hazardous air pollutants for new and reconstructed stationary reciprocating internal combustion engines that either are located at area sources of hazardous air pollutant emissions or that have a site rating of less than or equal to 500 brake horsepower and are located at major sources of hazardous air pollutant emissions. On 01/18/2011, EPA amended 40 CFR Part 60; Subpart F. The EPA took direct final action on amendments to Standards of Performance (NSPS) for Portland Cement Plants. The final rules were published on 09/09/2010. This direct final action amended certain regulatory text to clarify compliance dates and clarifies that the previously issued emission limits that were changed in the 09/09/2010, action remain in effect until sources are required to comply with the revised limits. EPA also corrected two minor typographical errors in the regulatory text to the 09/09/2010 action. On 09/20/2011, EPA amended 40 CFR Part 60; Subparts D, Da, Db, and Dc. EPA took direct final action to amend the new source performance standards for electric utility steam generating units and industrial-commercial-institutional steam generating units. This action amended the testing requirements for owners/operators of steam generating units that elect to install particulate matter continuous emission monitoring systems. It also amended the opacity monitoring requirements for owners/ operators of affected facilities subject to an opacity standard that are exempt from the requirement to install a continuous opacity monitoring system. In addition, this action corrects several editorial errors identified from previous rulemakings. On 03/21/2011, EPA amended 40 CFR Part 60, Subparts LLL and MMMM. This action promulgated EPA's new source performance standards and emission guidelines for sewage sludge incineration units located at wastewater treatment facilities designed to treat domestic sewage sludge. This final rule set limits for nine pollutants under section 129 of the Clean Air Act. On 03/21/2011, EPA amended 40 CFR Part 60; Subparts B, CCC, DDD, and Apendix A. This action promulgated EPA's final response to the 2001 voluntary remand of the 12/01/2000 new source performance standards and emission guidelines for commercial and industrial solid waste incineration units and the vacatur and remand of several definitions by the District of Columbia Circuit Court of Appeals in 2007. This action also promulgated other amendments that addressed air emissions from commercial and industrial solid waste incineration units. On 04/04/2011, EPA amended 40 CFR Part 60; Subparts Ec and Ce. On 10/06/2009, EPA promulgated its response to the remand of the new source performance standards and emissions guidelines for hospital/medical/infectious waste incinerators by the U.S. Court of Appeals for the District of Columbia Circuit and satisfied the Clean Air Act section 129(a)(5) requirement to conduct a review of the standards every five years. This action promulgated amendments to the new source performance standards and emissions guidelines, corrected drafting errors in the nitrogen oxides and sulfur dioxide emissions limits for large hospital/medical/infectious waste incinerators in the new source performance standards, which did not correspond to EPA's description of its standard-setting process, corrected cross references in the reporting and recordkeeping requirements in the new source performance standards, clarified that compliance with the emission guidelines must be expeditious if a compliance extension is granted, corrected the omission of delegation of authority provisions in the emission guidelines, corrected errors in the units' description for emissions limits in the emission guidelines and NSPS, and removed extraneous text from the hydrogen chloride emissions limit for large hospital/medical/infectious waste incinerators in the emission guidelines. On 06/28/2011, EPA amended 40 CFR Part 60; Subparts IIII and JJJJ. The EPA revised the standards of performance for new stationary compression ignition (CI) internal combustion engines under section 111(b) of the Clean Air Act. The final rule requires more stringent standards for stationary CI engines with displacement greater than or equal to 10 liters per cylinder and less than 30 liters per cylinder, consistent with recent revisions to standards for similar mobile source marine engines. In addition, the action revised the requirements for engines with displacement at or above 30 liters per cylinder to align more closely with recent standards for similar mobile source marine engines. The action also provided flexibility to owners and operators of affected engines, and corrected minor mistakes in the original standards of performance. Finally, the action made minor revisions to the standards of performance for new stationary spark ignition internal combustion engines to correct minor errors and to mirror certain revisions finalized for CI engines, which provided consistency where appropriate for the regulation of stationary internal combustion engines. The final standards reduce nitrogen oxides by an estimated 1,100 tons per year, particulate matter by an estimated 38 tons per year, and hydrocarbons by an estimated 18 tons per year in the year 2030.

State statutory or constitutional authorization for this rule:

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

This rule or change incorporates by reference the following material:

• Updates 40 CFR 60, published by National Archives and Records Administration's Office of the Federal Register, July 1, 2011

Anticipated cost or savings to:

the state budget:

There are no additional costs to the state budget because all costs to the state are offset by the fees paid by the sources under the Operating Permit Rule R307-415.

local governments:

There is no additional cost to local governments, as the state is already enforcing these rules and the cost of enforcing the regulations is covered by the fees paid by the affected sources for their permits under Rule R307-415.

small businesses:

There are no anticipated savings or costs to small businesses as all of these rules are in effect federally and sources are already subject to any of the costs that may result.

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

There are no anticipated savings or costs as all of these rules are in effect federally and sources are already subject to any of the associated costs.

Compliance costs for affected persons:

There are no anticipated compliance costs for affected persons as all of these rules are in effect federally and sources are already subject to any of the costs that may result.

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

There are no appreciable costs for business in incorporating these federal rules into Utah's rules as the affected businesses already are subject to the federal requirement.

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 mberger@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:

01/17/2012

This rule may become effective on:

03/07/2012

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-210. Stationary Sources.

R307-210-1. Standards of Performance for New Stationary Sources (NSPS).

The provisions of 40 Code of Federal Regulations (CFR) Part 60, effective on July 1, [2006]2011, except for Subparts Cb, Cc, Cd, Ce, BBBB, DDDD, and HHHH, are incorporated by reference into these rules with the exception that references in 40 CFR to "Administrator" shall mean "executive secretary" unless by federal law the authority referenced is specific to the Administrator and cannot be delegated.

 

KEY: air pollution, stationary sources, new source review

Date of Enactment or Last Substantive Amendment: [March 15, 2007]2012

Notice of Continuation: April 6, 2011

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