DAR File No. 37263

Environmental Quality, Air Quality

Section R307-403-1

Definitions

Notice of Proposed Rule

(Amendment)

DAR File No.: 37263
Filed: 02/07/2013 10:11:05 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Environmental Protection Agency (EPA) has identified a number of issues with Utah's permitting rule for new or modified sources in nonattainment areas (Rule R307-403) that affected their ability to approve Utah's PM10 Maintenance Plan. These same issues will potentially affect EPA's approval of the PM2.5 State Implementation Plan (SIP). In addition, there have been a number of changes to the federal regulations, most notably NSR Reform and the PM2.5 implementation rule for new source review, that have not yet been incorporated into Utah's rule.

Summary of the rule or change:

This change updates the definitions section to also include the purpose of the rule. Language is added to this section of the rule to parallel the language in the Code of Federal Regulations.

State statutory or constitutional authorization for this rule:

• Section 19-2-108
• Section 19-2-104

This rule or change incorporates by reference the following material:

• Adds 40 CFR Part 51, published by National Archives and Records Administration's Office of the Federal Register, 07/01/2012

Anticipated cost or savings to:

the state budget:

There are no new requirements to the state; therefore, there are no anticipated costs or savings to the state budget.

local governments:

There are no new requirements to local governments; therefore, there are no anticipated costs or savings associated with this rule.

small businesses:

This rule merely updates the language in the purpose and definitions section and does not create any new requirements for small businesses; therefore, there are no anticipated costs or savings to small businesses.

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

There are no new requirements for persons other than small businesses, businesses, or local government entities; therefore, there are no anticipated costs or savings.

Compliance costs for affected persons:

This amendment updates the language for the purpose and definitions of the rule. No new compliance requirements are added; therefore there are no compliance costs for affected persons associated with this rule change.

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

This amendment updates the language for the purpose and definitions of the rule. No new compliance requirements are added; therefore we do not anticipate this rule having a fiscal impact on 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 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:

04/01/2013

This rule may become effective on:

05/02/2013

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-403. Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas.

R307-403-1. Purpose and Definitions.

[The following additional definition applies to R307-403:

"Lowest Achievable Emission Rate (LAER)" means for any source, that rate of emissions which reflects:

(a) The most stringent emission limitation which is contained in the implementation plan of any state for such class or category of source, unless the owner or operator of the proposed source demonstrates that such limitations are not achievable, or

(b) The most stringent emission limitation which is achieved in practice by such class or category of source, whichever is more stringent.

In no event shall the application of this term permit a proposed new source to emit any pollutant in excess of the amount allowable under applicable new source standards of performance.](1) Purpose. This rule implements the federal nonattainment area permitting program for major sources as required by 40 CFR 51.165. In addition, the rule contains new source review provisions for some non-major sources in PM10 nonattainment areas. This rule supplements, but does not replace, the permitting requirements of R307-401.

(2) Unless otherwise specified, all references to 40 CFR in R307-403 shall mean the version that is in effect on July 1, 2012.

(3) Except as provided in R307-403-1(4), the definitions in 40 CFR 51.165(a)(1)are hereby incorporated by reference.

(4)(a) "Reviewing authority" means the director.

(b) In the definition of "regulated NSR pollutant" in 40 CFR 51.165(a)(1)(xxxvii) the following subparagraph is added to 51.165(a)(1)(xxvii)(4): "(i) Volatile organic compounds are precursors to PM2.5 and ammonia is not a precursor to PM2.5 in the Logan, Salt Lake City, and Provo PM2.5 nonattainment areas as defined in the July 1, 2010 version of 40 CFR 81.345."

(c) The following definitions or portions of definitions that apply to the equipment repair and replacement provisions are not incorporated because these provisions were vacated by the DC Circuit Court of Appeals on March 17, 2006:

(i) in the definition of "major modification" in 40 CFR 51.165(a)(1)(v)(C), the second sentence in subparagraph (1);

(ii) the definition of "process unit" in 40 CFR 51.165(a)(1)(xliii);

(iii) the definition of "functionally equivalent component" in 40 CFR 51.165(a)(1)(xliv);

(iv) the definition of "fixed capital cost" in 40 CFR 51.165(a)(1)(xlv); and

(v) the definition of "total capital investment" in 40 CFR 51.165(a)(1)(xlvi).

 

KEY: air quality, nonattainment, offset

Date of Enactment or Last Substantive Amendment: [May 6, 1999]2013

Notice of Continuation: June 6, 2012

Authorizing, and Implemented or Interpreted Law: 19-2-104; 19-2-108