DAR File No. 37833

Environmental Quality, Air Quality

Section R307-401-19

General Approval Order

Notice of Proposed Rule

(Amendment)

DAR File No.: 37833
Filed: 07/10/2013 09:59:28 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Utah's new source review rules currently require the owner or operator of new or modified sources to submit a notice of intent (NOI) to construct that describes the proposed equipment. The Division of Air Quality (DAQ) engineers perform a case-by-case review of each NOI and develop an approval order for the source. This process works well for large sources and unique industries because individual circumstances must be evaluated to determine best available control technology (BACT) and siting requirements. However, for some types of sources, case-by-case review is not the most efficient approach because similar requirements make sense for the entire category.

Summary of the rule or change:

This proposed rule provides an alternative to the normal approval order process called a general approval order (GAO). This rule allows for a GAO to be developed for a category of similar types of sources. The GAO would go through the normal public review process before being issued. After the GAO is issued, new or modified sources would apply to be covered by the GAO.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

Because approval orders are covered by fees, there are no anticipated costs or savings to the state budget.

local governments:

This rulemaking does not create any new requirements for local government; therefore, there are no anticipated costs or savings.

small businesses:

This rule is anticipated to provide cost savings for any small business covered by a general approval order due to a streamlined approval process. In addition, small businesses would not be required to develop a BACT analysis or impact analysis, leading to cost savings when preparing an application. Because every general approval order will have different requirements and costs associated with them, it is difficult to estimate the cost savings.

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

This rule is anticipated to provide cost savings for persons other than small businesses, businesses, or local government entities covered by a general approval order due to a streamlined approval process. In addition, they would not be required to develop a BACT analysis or impact analysis, leading to cost savings when preparing an application. Because every general approval order will have different requirements and costs associated with them, it is difficult to estimate the cost savings.

Compliance costs for affected persons:

Sources that apply and are approved to be covered under a general approval order will be required to comply with that order. Because every general approval order will have different requirements and costs associated with them, it is difficult to estimate the compliance costs.

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

This rule is anticipated to provide cost savings for any business covered by a general approval order due to a streamlined approval process. In addition, businesses would not be required to develop a BACT analysis or impact analysis, leading to cost savings when preparing an application. The general approval order will also provide more certainty for planning purposes.

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:

09/03/2013

This rule may become effective on:

10/03/2013

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-401. Permit: New and Modified Sources.

R307-401-19. General Approval Order.

(1) The director may issue a general approval order that would establish conditions for similar new or modified sources of the same type or for specific types of equipment. The general approval order may apply throughout the state or in a specific area.

(2) A general approval order shall meet all applicable requirements of R307-401-8.

(3) The public notice requirements in R307-401-7 shall apply to a general approval order except that the director will advertise the notice of intent in a newspaper of statewide circulation.

(4) Application.

(a) After a general approval order has been issued, the owner or operator of a proposed new or modified source may apply to be covered under the conditions of the general approval order.

(b) The owner or operator shall submit the application on forms provided by the director in lieu of the notice of intent requirements in R307-401-5 for all equipment covered by the general approval order.

(c) The owner or operator may request that an existing, individual approval order for the source be revoked, and that it be covered by the general approval order.

(d) The owner or operator that has applied to be covered by a general approval order shall not initiate construction, modification, or relocation until the application has been approved by the director.

(5) Approval.

(a) The director will review the application and approve or deny the request based on criteria specified in the general approval order for that type of source. If approved, the director will issue an authorization to the applicant to operate under the general approval order.

(b) The public notice requirements in R307-401-7 do not apply to the approval of an application to be covered under the general approval order.

(c) The director will maintain a record of all stationary sources that are covered by a specific general approval order and this record will be available for public review.

(6) Revocation and Exclusions.

(a) The director may require any source authorized by a general approval order to submit a notice of intent and obtain an individual approval order under R307-401-8. Cases where an individual approval order may be required include, but are not limited to, the following:

(i) the director determines that the source does not meet the criteria specified in the general approval order;

(ii) the director determines that the application for the general approval order did not contain all necessary information to evaluate applicability under the general approval order; or

(iii) modifications were made to the source that were not authorized by the general approval order or an individual approval order.

(iv) When determining whether an individual approval order is required, the director may consider the compliance history and current compliance status of the source or applicant.

(b)(i) Any source authorized by a general approval order may request to be excluded from the coverage of the general approval order by submitting a notice of intent under R307-401-5 and receiving an individual approval order under R307-401-8.

(ii) When the director issues an individual approval order to a source subject to a general approval order, the applicability of the general approval order to the individual source is revoked on the effective date of the individual approval order.

(7) Modification of General Approval Order. The director may modify, replace, or discontinue the general approval order.

(a) Administrative corrections may be made to the existing version of the general approval order. These corrections are to correct typographical errors or similar minor administrative changes.

(b) All other modifications shall not apply to any source authorized under previous versions of the general approval order unless the owner or operator submits an application to be covered under the new version of the general approval order. Modifications under R307-401-19(7)(b) shall meet the public notice requirements in R307-401-19(3).

(8) Modifications at a source covered by a general approval order. A source may make modifications only as authorized by the approved general approval order. Modifications outside the scope authorized by the approved general approval order shall require a new application for either an individual approval order under R307-401-8 or a general approval order under R307-401-19.

 

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

Date of Enactment or Last Substantive Amendment: [July 1, ]2013

Notice of Continuation: June 6, 2012

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