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.: 35615
Filed: 01/04/2012 09:09:25 AM

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 07/01/2010 to 07/01/2011; therefore, it is necessary to amend Section R307-101-3.

Summary of the rule or change:

The following is a list of changes to 40 CFR from 07/01/2009 to 07/01/2011 that affect rules which reference Section R307-101-3: Vol. 75, No. 64, Pg. 17254-79. The EPA revised its regulations relating to the Clean Air Act (CAA) requirement that Federal actions conform to the appropriate state, tribal or federal implementation plan (SIP, TIP, or FIP) for attaining clean air ("General Conformity"). The EPA and other federal agencies have gained experience with the implementation of the existing regulations, which were promulgated in 1993 (and underwent minor revisions in 2006), and have identified several issues with their implementation. In addition, in 2004, EPA issued regulations to implement the revised ozone national ambient air quality standards (NAAQS) and in 2007 issued regulations to implement the new fine particulate matter standard. State and other air quality agencies are in the process of developing revised plans to attain the new standards and the revisions to the General Conformity Regulations will be helpful to the state, tribe, and local agencies in developing, and Federal agencies in commenting, on the proposed SIPs revisions. This rule revision also facilitates Federal agency compliance to conform its activities to the SIPs, thereby preventing violations of the NAAQS. This rule revision provides for a timely and effective process for federal agencies and states and tribes to ensure Federal activities are incorporated in these SIPs. Where that is not possible, it provides an efficient and effective process for Federal agencies to ensure their actions do not cause or contribute to a violation of the NAAQS or interfere with the purpose of a SIP, TIP, or FIP to attain or maintain the NAAQS. Vol. 74, No. 192, Pg. 51367-51415. On 09/15/1997, EPA adopted new source performance standards (NSPS) and emissions guidelines (EG) for hospital/medical/ infectious waste incinerators (HMIWI). The NSPS and EG were established under Sections 111 and 129 of the Clean Air Act (CAA or Act). In a response to a suit filed by the Sierra Club and the Natural Resources Defense Council (Sierra Club), the U.S. Court of Appeals for the District of Columbia Circuit (the Court) remanded the HMIWI regulations on 03/02/1999, for further explanation of EPA's reasoning in determining the minimum regulatory "floors" for new and existing HMIWI. The HMIWI regulations were not vacated and were fully implemented by September 2002. On 02/06/2007, the agency (DAQ) published our proposed response to the Court's remand. Following recent court decisions and receipt of public comments regarding the proposal, DAQ re-assessed our response to the remand, and on 12/01/2008, DAQ published another proposed response and solicited public comments. This action promulgates our response to the Court's remand and also satisfies the CAA Section 129(a)(5) requirement to conduct a review of the standards every five years. Vol. 76, No. 64, Pg. 18407-18415. 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, correcting inadvertent 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 our description of our standard-setting process, correcting erroneous cross-references in the reporting and recordkeeping requirements in the new source performance standards, clarifying that compliance with the emission guidelines must be expeditious if a compliance extension is granted, correcting the inadvertent omission of delegation of authority provisions in the emission guidelines, correcting errors in the units' description for several emissions limits in the emission guidelines and new source performance standards, and removing extraneous text from the hydrogen chloride emissions limit for large hospital/medical/infectious waste incinerators in the emission guidelines. Vol. 75, No. 56, Pg. 14260-14285. Transportation Conformity Rule PM2.5 and PM10 Amendments. In this action, EPA amended the transportation conformity rule to finalize provisions that were proposed on 05/15/2009. These amendments primarily affect conformity's implementation in PM2.5 and PM10 nonattainment and maintenance areas. EPA updated the transportation conformity regulation in light of an 10/17/2006 final rule that strengthened the 24-hour PM2.5 national ambient air quality standard (NAAQS) and revoked the annual PM10 NAAQS. In addition, EPA clarified the regulations concerning hot-spot analyses to address a December 2007 remand from the Court of Appeals for the District of Columbia Circuit. This portion of the final rule applies to PM2.5 and PM10 nonattainment and maintenance areas as well as carbon monoxide nonattainment and maintenance areas. The Clean Air Act (CAA) requires federally supported transportation plans, transportation improvement programs, and projects to be consistent with ("conform to") the purpose of the state air quality implementation plan. The U.S. Department of Transportation (DOT) is EPA's federal partner in implementing the transportation conformity regulation. EPA has consulted with DOT, and they concur with this final rule. Section 93.101 was amended as follows: By removing the definitions for "1-hour ozone NAAQS" and "8-hour ozone NAAQS"; and by revising the definition of "National ambient air quality standards (NAAQS)" to say: National ambient air quality standards (NAAQS) are those standards established pursuant to section 109 of the CAA. (1) 1-hour ozone NAAQS means the 1-hour ozone national ambient air quality standard codified at 40 CFR 50.9. (2) 8-hour ozone NAAQS means the 8-hour ozone national ambient air quality standard codified at 40 CFR 50.10. (3) 24-hour PM10 NAAQS means the 24-hour PM10 national ambient air quality standard codified at 40 CFR 50.6. (4) 1997 PM2.5 NAAQS means the PM2.5 national ambient air quality standards codified at 40 CFR 50.7. (5) 2006 PM2.5 NAAQS means the 24-hour PM2.5 national ambient air quality standard codified at 40 CFR 50.13. (6) Annual PM10 NAAQS means the annual PM10 national ambient air quality standard that EPA revoked on 12/18/2006. Vol. 76, No. 59, Pg 17288-17325. EPA finalized rule revisions that modified existing requirements for sources affected by the federally administered emission trading programs including the NOX Budget Trading Program, the Acid Rain Program, and the Clean Air Interstate Rule. EPA amended its Protocol Gas Verification Program (PGVP) and the minimum competency requirements for air emission testing (formerly air emission testing body requirements) to improve the accuracy of emissions data. EPA also amended other sections of the Acid Rain Program continuous emission monitoring system regulations by adding and clarifying certain record keeping and reporting requirements, removing the provisions pertaining to mercury monitoring and reporting, removing certain requirements associated with a class-approved alternative monitoring system, disallowing the use of a particular quality assurance option in EPA Reference Method 7E, adding two incorporation by references that were inadvertently left out of the 01/24/2008 final rule, adding two new definitions, revising certain compliance dates, and clarifying the language and applicability of certain provisions. Vol. 75, No. 230, Pg 75060-75089. EPA amended the authority citation for part 72 to read "Authority: 42 U.S.C. 7401, 8410, 7411, 7426, 7601, et seq." It also amended section 72.2 by revising the definition for "interested person" to read "Interested person means, with regard to a decision of the Administrator, any person who submitted comments or testified at a public hearing pursuant to an opportunity for comment provided by the Administrator as part of the process of making such decision, who submitted objections pursuant to an opportunity for objections provided by the Administrator as part of the process of making such decision, or who submitted (to the Administrator and in a format specified by the Administrator) his or her name to be placed on a list of persons interested in such decision. The Administrator may update the list of interested persons from time to time by requesting additional written indication of continued interest from the persons listed and may delete from the list the name of any person failing to respond as requested." Vol. 76, No. 64, Pg 18415. In Title 40 of the Code of Federal Regulations, Parts 72 to 80, revised as of 07/01/2010, on page 219, in Sec. 75.11, paragraph (f) was added to read as follows: Sec. 75.11 Specific provisions for monitoring SO2 emissions. (f) Other units. The owner or operator of an affected unit that combusts wood, refuse, or other material in addition to oil or gas shall comply with the monitoring provisions for coal-fired units specified in paragraph (a) of this section, except where the owner or operator has an approved petition to use the provisions of paragraph (e)(1).

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

Anticipated cost or savings to:

the state budget:

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

local governments:

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

small businesses:

Because this revision does not create new requirements, no change in costs or savings 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 or savings 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 to businesses is 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 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:

03/02/2012

This rule may become effective on:

04/05/2012

Authorized by:

Bryce Bird, Director

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, 20[09]11.

 

KEY: air pollution, definitions

Date of Enactment or Last Substantive Amendment: [March 4, 2010]April 5, 2012

Notice of Continuation: July 2, 2009

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