DAR File No. 38840

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.: 38840
Filed: 09/08/2014 12:44:40 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

On 01/08/2014, the Utah Air Quality Board adopted SIP Subsections IX.H.11, 12, and 13, Control Measures for Area and Point Sources, Emission Limits and Operating Practices, PM2.5 Requirements. These subsections of Part H meet the PM2.5 plan requirements for specific stationary sources located in the Salt Lake City, UT, and Provo, UT, PM2.5 nonattainment areas. That plan revision was subsequently submitted to EPA. As these SIPs were nearing completion, the D.C. Circuit Court of Appeals found that EPA had incorrectly interpreted the Clean Air Act when determining how to implement the National Ambient Air Quality Standard (NAAQS) for PM2.5. The 01/04/2013, court ruling held that the EPA should have implemented the NAAQS based on both Clean Air Act Subpart 1 and Subpart 4 of Part D, Title 1. EPA had incorrectly required states to develop their SIPs based on only Subpart 1. The amendments proposed to Part H. 11, 12, and 13 are to address the additional requirements of Subpart 4. Additional proposed amendments to the SIP are proposed in response to comments made by EPA concerning the 01/08/2013 plan.

Summary of the rule or change:

The rule incorporates the changes made to SIP Section IX.H.11, 12, and 13. Fundamentally the revised Part H is no different than the plan that was adopted on January 8, 2014. The RACM/RACT requirement differs only in the timing of its implementation. The attainment date has advanced under Subpart 4 from 2019 to 2015. In response to EPA's comments, refineries are no longer exempt from emission limits during startup and shutdown operations, and the plan has been revised to take into account the most expeditious date by which sources can install the required controls. Additionally, new language was added in Part H.11.g.vii so as to not prevent refineries from producing gasoline that meets the sulfur specifications of Tier 3 of the federal motor vehicle control program.

State statutory or constitutional authorization for this rule:

• Subsection 19-2-104(3)(e)

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 costs 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 costs 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:

There are a few changes to emission control units required in the SIP; however, any costs associated with them should be negligible. Additionally, while the compliance date for sources to install required controls has changed, the cost to install those controls has not.

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

There are a few changes to emission control units required in the SIP; however, any costs associated with them should be negligible. Additionally, while the compliance date for sources to install required controls has changed, the cost to install those controls has not.

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 [email protected]

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:

10/31/2014

Interested persons may attend a public hearing regarding this rule:

• 10/20/2014 10:00 AM, DEQ, 195 N 1950 W, Room 1015, Salt Lake City, UT

This rule may become effective on:

12/04/2014

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 [January 8]December 3, 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: [January 9]December 4 , 2014

Notice of Continuation: February 1, 2012

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