DAR File No. 38490

This rule was published in the June 1, 2014, issue (Vol. 2014, No. 11) of the Utah State Bulletin.


Environmental Quality, Air Quality

Section R307-410-6

Stack Heights and Dispersion Techniques

Notice of Proposed Rule

(Amendment)

DAR File No.: 38490
Filed: 05/08/2014 09:15:55 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

On 02/04/2014, the EPA disapproved or partially disapproved several changes to Utah's permitting rules that were adopted in 2006. This proposed rule change addresses EPA's concerns.

Summary of the rule or change:

EPA partially disapproved Section R307-410-6 because it did not clearly specify that a Good Engineering Practice (GEP) stack height demonstration must be made available for public review and that there must be an opportunity for a public hearing. While Air Quality believes this requirement is already inherent in the public review process for an approval order, Section R307-410-6 has been amended to specifically state that the public will be notified of the availability of the demonstration as part of the public review process of Section R307-401-7.

State statutory or constitutional authorization for this rule:

  • Section 19-2-104

Anticipated cost or savings to:

the state budget:

Because the public was already being notified of the availability of the demonstration described in Subsection R307-410-6(3) as part of the public review process; there are no anticipated costs or savings to the state budget.

local governments:

Because there are no new requirements for local government there are no anticipated costs or savings.

small businesses:

Because there are no new requirements for small businesses, there are no anticipated costs or savings.

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

Because there are no new requirements, there are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Because the public was already being notified of the availability of the demonstration described in Subsection R307-410-6(3) as part of the public review process, there are no new compliance costs for affected persons.

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

The changes to this rule do not apply to businesses; therefore, the rule will have no 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

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-410. Permits: Emissions Impact Analysis.

R307-410-6. Stack Heights and Dispersion Techniques.

(1) The degree of emission limitation required of any source for control of any air contaminant to include determinations made under R307-401, R307-403 and R307-405, must not be affected by so much of any source's stack height that exceeds good engineering practice or by any other dispersion technique except as provided in (2) below. This does not restrict, in any manner, the actual stack height of any source.

(2) The provisions in R307-410-6 shall not apply to:

(a) stack heights in existence, or dispersion techniques implemented on or before December 31, 1970, except where pollutants are being emitted from such stacks or using such dispersion techniques by sources which were constructed or reconstructed, or for which major modifications were carried out after December 31, 1970; or

(b) coal-fired steam electric generating units subject to the provisions of Section 118 of the Clean Air Act, which commenced operation before July 1, 1957, and whose stacks were constructed under a construction contract awarded before February 8, 1974.

(3) The director may require the source owner or operator to provide a demonstration that the source stack height meets good engineering practice as required by R307-410-6.  The director shall notify the public of the availability of the demonstration as part of the public notice process required by R307-401-7, Pubic Notice.

 

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

 


Additional Information

More information about a Notice of Proposed Rule is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2014/b20140601.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example).  Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

For questions regarding the content or application of this rule, please contact 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.  For questions about the rulemaking process, please contact the Division of Administrative Rules.