DAR File No. 38901

Environmental Quality, Air Quality

Section R307-401-19

General Approval Order

Notice of Proposed Rule

(Amendment)

DAR File No.: 38901
Filed: 10/07/2014 10:17:21 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In November 2013, the Air Quality Board adopted a new rule that provides authority for the director to issue a general approval order (GAO) that would apply to a category of similar type sources. The first GAO developed by the Division of Air Quality (DAQ) was issued in June 2014, and applies to crude oil and natural gas well sites. During the development of this GAO, DAQ engineers discovered that a limitation in the rule is unnecessarily restrictive as the first level of review could potentially screen out sources that could meet the second level of review.

Summary of the rule or change:

The proposed change to the rule allows coverage under a general approval order if a demonstration is completed that meets the requirements of Subsection R307-410-5(1)(c)(ii).

State statutory or constitutional authorization for this rule:

• Subsection 19-2-104(3)(q)
• Section 19-2-108

Anticipated cost or savings to:

the state budget:

Because the proposed change is to fix a provision in the rule that made it unnecessarily restrictive for sources to get coverage under a GAO, there are no anticipated costs or savings to the state budget.

local governments:

Because the proposed change is to fix a provision in the rule that made it unnecessarily restrictive for sources to get coverage under a GAO, there are no anticipated costs or savings to local government.

small businesses:

Because the proposed change is to fix a provision in the rule that made it unnecessarily restrictive for sources to get coverage under a GAO, there are no anticipated costs or savings to small businesses.

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

Because the proposed change is to fix a provision in the rule that made it unnecessarily restrictive for sources to get coverage under a GAO, there are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

The proposed change is to fix a provision in the rule that made it unnecessarily restrictive for sources to get coverage under a GAO. It would allow sources to get coverage under a GAO if a demonstration is completed that meets the requirements of Subsection R307-410-5(1)(c)(ii). The requirements in this section remain the same; therefore, there are no additional compliance costs for affected persons.

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

The proposed change is to fix a provision in the rule that made it unnecessarily restrictive for sources to get coverage under a GAO. It would allow sources to get coverage under a GAO if a demonstration is completed that meets the requirements of Subsection R307-410-5(1)(c)(ii). The requirements in this section remain the same; therefore, this rule amendment 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:

12/01/2014

This rule may become effective on:

01/08/2015

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-401. Permit: New and Modified Sources.

R307-401-19. General Approval Order.

(1) The director may issue a general approval order that would establish conditions for similar new or modified sources of the same type or for specific types of equipment. The general approval order may apply throughout the state or in a specific area.

(a) A major source or major modification as defined in R307-403, R307-405, or R307-420 for each respective area is not eligible for coverage under a general approval order.

(b) A source that is subject to the requirements of R307-403-5 is not eligible for coverage under a general approval order.

(c) A source that is subject to the requirements of R307-410-4 is not eligible for coverage under a general approval order unless a demonstration that meets the requirements of R307-410-4 was conducted.

(d) A source that is subject to the requirements of R307-410-5(1)(c)(ii) [or ]is not eligible for coverage under a general approval order unless a demonstration that meets the requirements of R307-410-5(1)(c)(ii) was conducted.

(e) A source that is subject to the requirements of R307-410-5(1)(c)(iii) is not eligible for coverage under a general approval order.

(2) A general approval order shall meet all applicable requirements of R307-401-8.

(3) The public notice requirements in R307-401-7 shall apply to a general approval order except that the director will advertise the notice of intent in a newspaper of statewide circulation.

(4) Application.

(a) After a general approval order has been issued, the owner or operator of a proposed new or modified source may apply to be covered under the conditions of the general approval order.

(b) The owner or operator shall submit the application on forms provided by the director in lieu of the notice of intent requirements in R307-401-5 for all equipment covered by the general approval order.

(c) The owner or operator may request that an existing, individual approval order for the source be revoked, and that it be covered by the general approval order.

(d) The owner or operator that has applied to be covered by a general approval order shall not initiate construction, modification, or relocation until the application has been approved by the director.

(5) Approval.

(a) The director will review the application and approve or deny the request based on criteria specified in the general approval order for that type of source. If approved, the director will issue an authorization to the applicant to operate under the general approval order.

(b) The public notice requirements in R307-401-7 do not apply to the approval of an application to be covered under the general approval order.

(c) The director will maintain a record of all stationary sources that are covered by a specific general approval order and this record will be available for public review.

(6) Exclusions and Revocation.

(a) The director may require any source that has applied for or is authorized by a general approval order to submit a notice of intent and obtain an individual approval order under R307-401-8. Cases where an individual approval order will be required include, but are not limited to, the following:

(i) the director determines that the source does not meet the criteria specified in the general approval order;

(ii) the director determines that the application for the general approval order did not contain all necessary information to evaluate applicability under the general approval order;

(iii) modifications were made to the source that were not authorized by the general approval order or an individual approval order;

(iv) the director determines the source may cause a violation of a national ambient air quality standard; or

(v) the director determines that one is required based on the compliance history and current compliance status of the source or applicant.

(b)(i) Any source authorized by a general approval order may request to be excluded from the coverage of the general approval order by submitting a notice of intent under R307-401-5 and receiving an individual approval order under R307-401-8.

(ii) When the director issues an individual approval order to a source subject to a general approval order, the applicability of the general approval order to the individual source is revoked on the effective date of the individual approval order.

(7) Modification of General Approval Order. The director may modify, replace, or discontinue the general approval order.

(a) Administrative corrections may be made to the existing version of the general approval order. These corrections are to correct typographical errors or similar minor administrative changes.

(b) All other modifications or the discontinuation of a general approval order shall not apply to any source authorized under previous versions of the general approval order unless the owner or operator submits an application to be covered under the new version of the general approval order. Modifications under R307-401-19(7)(b) shall meet the public notice requirements in R307-401-19(3).

(c) A general approval order shall be reviewed at least every three year. The review of the general approval order shall follow the public notice requirements of R307-401-19(3).

(8) Modifications at a source covered by a general approval order. A source may make modifications only as authorized by the approved general approval order. Modifications outside the scope authorized by the approved general approval order shall require a new application for either an individual approval order under R307-401-8 or a general approval order under R307-401-19.

 

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

Date of Enactment or Last Substantive Amendment: [August 7, 2014]2015

Notice of Continuation: June 6, 2012

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