DAR File No. 38900
This rule was published in the November 1, 2014, issue (Vol. 2014, No. 21) of the Utah State Bulletin.
Environmental Quality, Air Quality
Section R307-110-28
Regional Haze
Notice of Proposed Rule
(Amendment)
DAR File No.: 38900
Filed: 10/06/2014 03:12:15 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The Air Quality Board has proposed amending state implementation plan (SIP) Section XX.D.6, Regional Haze, Long-Term Strategy for Stationary Sources, Best Available Control Technology (BART) Assessment for NOx and PM. Because Section R307-110-28 incorporates the latest version of the SIP adopted by the Air Quality Board, the rule needs to be amended as well. The SIP is being amended because on 12/14/2012 the EPA approved the majority of Utah's Regional Haze SIP (RH SIP), but disapproved Utah's Best Available Retrofit Technology (BART) determinations for NOx and particulate matter (PM) for PacifiCorp's Hunter Unit 1, Hunter Unit 2, Huntington Unit 1, and Huntington Unit 2 that were adopted by the Air Quality Board in 2008. Specifically, EPA determined that the SIP did not contain a five-factor analysis as required by the rule. The resulting proposed amendments to the SIP are recommended after considering the new five-factor analysis, monitoring data, and the impact of pending federal regulations.
Summary of the rule or change:
The rule is changed to incorporate the version of the RH SIP as adopted by the Air Quality Board on 01/07/2015. The RH SIP is amended to: 1) correct typographic errors in Table 5 to reflect the 0.015 lb/MMBtu PM limit in the approval orders for Hunter Units 1 and 2 and include the 74 lb/hr emission rate for Huntington Unit 1 and the 70 lb/hr emission rate for Huntington Unit 2; 2) add an enforceable requirement to shut down Carbon Unit 1 and Carbon Unit 2 by 04/15/2015; and 3) add clarifying language and grammatical corrections.
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 XX, Regional Haze, published by State of Utah, Division of Air Quality, 01/07/2015
Anticipated cost or savings to:
the state budget:
There are no changes in the SIP or the rule that affect the state; therefore, there are no anticipated costs or savings to the state budget.
local governments:
There are no changes in the SIP or the rule that affect local government; therefore, there are no anticipated costs or savings.
small businesses:
The changes made to the SIP address BART determinations for PacifiCorp. Because PacifiCorp employs more than 50 persons, there are no anticipated costs or savings to small businesses.
persons other than small businesses, businesses, or local governmental entities:
Because the changes made to the SIP only affect Pacificorp, there are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities.
Compliance costs for affected persons:
The plan requires that Carbon units 1 and 2 shall be retired by 04/15/2015. Because PacifiCorp had already announced the closure of these units, there are no additional compliance costs to them.
Comments by the department head on the fiscal impact the rule may have on businesses:
The plan requires that Carbon units 1 and 2 shall be retired by 04/15/2015. Because PacifiCorp had already announced the closure of these units, there are no additional compliance costs to them.
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 QualityAir 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:
12/22/2014
Interested persons may attend a public hearing regarding this rule:
- 12/01/2014 01:00 PM, DEQ, 195 N 1950 W, Room 4100, Salt Lake City, UT
This rule may become effective on:
01/08/2015
Authorized by:
Bryce Bird, Director
RULE TEXT
R307. Environmental Quality, Air Quality.
R307-110. General Requirements: State Implementation Plan.
R307-110-28. Regional Haze.
The Utah State Implementation Plan,
Section XX, Regional Haze, as most recently amended by the Utah Air
Quality Board on [April 6, 2011]January 7, 2015, 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, 2014]2015
Notice of Continuation: February 1, 2012
Authorizing, and Implemented or Interpreted Law: 19-2-104(3)(e)
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/b20141101.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.