DAR File No. 38491

Environmental Quality, Air Quality

Section R307-401-12

Reduction in Air Contaminants

Notice of Proposed Rule

(Amendment)

DAR File No.: 38491
Filed: 05/08/2014 09:16:57 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 disapproved Section R307-401-12 because they believed that the provisions in Subsection R307-401-12(1) that exempted a source from the approval order requirements of Sections R307-401-5 through R307-401-8 were not consistent with the provisions in Subsection R307-401-12(2) that required the source to make the new conditions enforceable in an approval order. The language in Section R307-401-12 has been revised to remove the inconsistency.

State statutory or constitutional authorization for this rule:

• Subsection 19-2-104(3)(q)

Anticipated cost or savings to:

the state budget:

These changes do not create any new requirements for the state; therefore, there are no anticipated costs or savings to the state budget.

local governments:

These changes do not create any new requirements for local government; therefore, there are no anticipated costs or savings.

small businesses:

These changes do 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:

These changes do not create any new requirements for persons other than small businesses, businesses, or local government entities; therefore, there are no anticipated costs or savings.

Compliance costs for affected persons:

This change is to clarify the criteria to qualify to be exempt from the requirement to submit a notice of intent and obtain an approval order prior to construction. There are no anticipated compliance costs for affected persons.

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

This change is to clarify the criteria to qualify to be exempt from the requirement to submit a notice of intent and obtain an approval order prior to construction. This should 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

R307. Environmental Quality, Air Quality.

R307-401. Permit: New and Modified Sources.

R307-401-12. Reduction in Air Contaminants.

(1) Applicability. The owner or operator of a stationary source of air contaminants that reduces or eliminates air contaminants is exempt from the requirement to submit a notice of intent and obtain an approval order prior to construction if:[approval order requirements of R307-401-5 through 8 if:]

(a) the project does not increase the potential to emit of any air contaminant or cause emissions of any new air contaminant, and

(b) the director is notified of the change and the reduction of air contaminants is made enforceable through an approval order in accordance with (2) below.

(2) Notification. The owner or operator shall submit a written description of the project to the director no later than 60 days after the changes are made. The director will update the source's approval order or issue a new approval order to include the project and to make the emission reductions enforceable. Public review under R307-401-7 is not required for the update to the approval order.

 

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

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

Notice of Continuation: June 6, 2012

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