DAR File No. 38489

Environmental Quality, Air Quality

Section R307-410-2

Definitions

Notice of Proposed Rule

(Amendment)

DAR File No.: 38489
Filed: 05/08/2014 09:15:01 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The change simplifies the rule by no longer specifying a version of the Code of Federal Regulations (CFR). The general incorporation date in Section R307-101-3 will apply to this rule.

Summary of the rule or change:

The reference to the July 1, 2005, version of the CFR is removed.

State statutory or constitutional authorization for this rule:

• Section 19-2-104

Anticipated cost or savings to:

the state budget:

This change does not create any new requirements for the state; therefore, there are no anticipated costs or savings to the state budget.

local governments:

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

small businesses:

This change does not create any new requirements for small businesses; therefore there are no anticipated costs or savings.

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

This change does not create any new requirements; therefore, there are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

This change will require sources to comply with the 40 CFR 51.100(ff) version of the CFR referenced in Section R307-101-3. Because sources are already required to comply with these federal requirements there are no additional compliance costs.

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

This change will require sources to comply with the 40 CFR 51.100(ff) version of the CFR referenced in Section R307-101-3. Because sources are already required to comply with these federal requirements this rule change will not have any 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:

07/01/2014

This rule may become effective on:

08/07/2014

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-410. Permits: Emissions Impact Analysis.

R307-410-2. Definitions.

(1) The following additional definitions apply to R307-410.

"Vertically Restricted Emissions Release" means the release of an air contaminant through a stack or opening whose flow is directed in a downward or horizontal direction due to the alignment of the opening or a physical obstruction placed beyond the opening, or at a height which is less than 1.3 times the height of an adjacent building or structure, as measured from ground level.

"Vertically Unrestricted Emissions Release" means the release of an air contaminant through a stack or opening whose flow is directed upward without any physical obstruction placed beyond the opening, and at a height which is at least 1.3 times the height of an adjacent building or structure, as measured from ground level.

(2) Except as provided in (3) below, the definitions of "stack", "stack in existence", "dispersion technique", "good engineering practice (GEP) stack height", "nearby", "excessive concentration", and "intermittent control system (ICS)" in 40 CFR 51.100(ff) through (kk) and (nn) [effective July 1, 2005 ]are hereby incorporated by reference.

(3)(a) The terms "reviewing authority" and "authority administering the State implementation plan" shall mean the director.

(b) The reference to "40 CFR parts 51 and 52" in 40 CFR 51.100(ii)(2)(i) shall be changed to "R307-401, R307-403 and R307-405".

(c) The phrase "For sources subject to the prevention of significant deterioration program (40 CFR 51.166 and 52.21)" in 40 CFR 51.100(kk)(1) shall be replaced with the phrase "For sources subject to R307-401, R307-403, or R307-405".

 

KEY: air pollution, modeling, hazardous air pollutant, stack height

Date of Enactment or Last Substantive Amendment: [June 16, 2006]2014

Notice of Continuation: June 6, 2012

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