DAR File No. 38061

Environmental Quality, Air Quality

Section R307-110-17

Section IX, Control Measures for Area and Point Sources, Part H, Emissions Limits

Notice of Proposed Rule

(Amendment)

DAR File No.: 38061
Filed: 10/15/2013 08:57:29 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In 2006, EPA tightened the PM2.5 national ambient air quality standard from 65 to 35 micrograms per cubic meter. Emission control measures associated with the new State Implementation Plan (SIP) for PM2.5 need to be incorporated into the Utah Air Quality Rules. The Air Quality Board has proposed to expand Section IX, Part H of the SIP to add emission limitations for PM2.5 and PM2.5 precursors. Section IX, Part H of the SIP is incorporated by reference into the Air Quality rules in Section R307-110-17. This rule amendment will update the incorporation date to include the most recent version of Section IX, Part H, which will include the new emission control measures associated with the new SIP for PM2.5, adopted by the Air Quality Board.

Summary of the rule or change:

This amendment changes the date of Section IX, Part H most recently adopted by the Air Quality Board. Section IX, Part H is being amended by adding sections that address the requirement of the Clean Air Act to include emission limitations, control measures, and schedules for certain large stationary sources in the State Implementation Plan for PM2.5. A copy of the new Part H sections is available for public review at http://www.airquality.utah.gov/Public-Interest/Public-Commen-Hearings/Pubrule.htm. The public comment period for the Part H amendments is from 11/01/2013 to 12/02/2013.

State statutory or constitutional authorization for this rule:

• Subsection 19-2-104(3)(e)

This rule or change incorporates by reference the following material:

• Updates Utah State Implementation Plan, Section IX, Control Measures for Area and Point Sources, Part H, Emissions Limits, published by State of Utah Division of Air Quality, 01/08/2014

Anticipated cost or savings to:

the state budget:

No costs or savings are anticipated with this rule change. No new requirements were created with this rule change that impact the state budget.

local governments:

Because neither the rule nor the SIP the rule incorporates establish any new control requirements for local government there are no anticipated costs or savings.

small businesses:

No cost or savings are anticipated with this rule change. No new requirements were created with this rule change that impacted small businesses.

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

No cost or savings are anticipated with this rule change. No new requirements were created with this rule change that impacted persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

The emissions limitations and control measures required of point sources in Part H are required by the Clean Air Act. While some sources are not required to implement any new control measures, others are. For those that are required to implement new control measures, costs range from $1,357 to $25,319 per ton of emissions removed.

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

The emissions limitations and control measures required of point sources in Part H are required by the Clean Air Act. While some sources are not required to implement any new control measures, others are. For those that are required to implement new control measures, costs range from $1,357 to $25,319 per ton of emissions removed.

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:

12/02/2013

Interested persons may attend a public hearing regarding this rule:

• 11/21/2013 02:00 PM, Utah Multi Agency State Office Building, 195 N 1950 W, Room 1015, Salt Lake City, UT
• 11/13/2013 10:00 AM, Utah County Commission Chambers, 100 E Center St, Suite 1400, Provo, UT

This rule may become effective on:

01/09/2014

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-110. General Requirements: State Implementation Plan.

R307-110-17. Section IX, Control Measures for Area and Point Sources, Part H, Emissions Limits.

The Utah State Implementation Plan, Section IX, Control Measures for Area and Point Sources, Part H, Emissions Limits, as most recently amended by the Utah Air Quality Board on [May 4, 2011]January 8, 2014, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

KEY: air pollution, PM10, PM2.5, ozone

Date of Enactment or Last Substantive Amendment: [December 6, 2012]2014

Notice of Continuation: February 1, 2012

Authorizing, and Implemented or Interpreted Law: 19-2-104(3)(e)