DAR File No. 37987

Environmental Quality, Air Quality

Section R307-403-1

Purpose and Definitions

Notice of Proposed Rule

(Amendment)

DAR File No.: 37987
Filed: 09/12/2013 12:36:17 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

On 05/01/2013, the Air Quality Board adopted revisions to Rule R307-403 which included the establishment of volatile organic compounds (VOCs) as PM2.5 precursors in Utah's PM2.5 nonattainment areas. This rule change neglected to establish the significance level for VOC that is used to determine whether a modification at a major source is a major modification.

Summary of the rule or change:

This proposed rule change establishes the significant emission rate for VOC compounds at 40 tons/year.

State statutory or constitutional authorization for this rule:

• Section 19-2-104
• Section 19-2-108

Anticipated cost or savings to:

the state budget:

There are no changes to the rule that affect the state; therefore, there are no anticipated costs or savings to the state.

local governments:

There are no changes that apply to local government; therefore, there are no anticipated costs or savings.

small businesses:

The proposed rule changes do not apply to small businesses; therefore, there are no anticipated costs or savings.

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

The proposed rule changes do not apply to persons other than small businesses, businesses, or local government entities; therefore, there are no anticipated costs or savings.

Compliance costs for affected persons:

By adding a significance level to the rule, no longer would all modifications be considered major modifications. This will result in fewer major sources having major modifications and will result in lessened costs associated with modeling and applying for major modification permits.

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

By adding a significance level to the rule, no longer would all modifications be considered major modifications. This will result in fewer major sources having major modifications and will result in lessened costs associated with modeling and applying for major modification permits.

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:

10/31/2013

This rule may become effective on:

12/05/2013

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.

(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 "significant" in 40 CFR 51.165(a)(1)(x) add the following text at the end of the pollutant emission rate for PM2.5: "; and 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, 40 tpy of volatile organic compounds."

(c) 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)](d) 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: [July 1, ]2013

Notice of Continuation: June 6, 2012

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