DAR File No. 39166

Environmental Quality, Air Quality

Section R307-110-28

Regional Haze

Notice of Proposed Rule

(Amendment)

DAR File No.: 39166
Filed: 03/04/2015 03:51:24 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

On 10/01/2014, the Air Quality Board 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. The amendments to the SIP were proposed 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. Therefore, the proposed amendment to the SIP included a five-factor analysis. A public comment period for the proposed SIP amendments was held from 11/01/2014 through 12/22/2014, and a number of public comments were received. After reviewing the comments and consulting with EPA, Division of Air Quality staff determined that an alternative to BART approach that considers the additional emission reductions due to the expected closure of the PacifiCorp Carbon plant and controls installed on PacifiCorp Hunter Unit 3 in 2008 would both provide greater reasonable progress towards improved visibility at Utah's Class I areas and be approvable by EPA. This alternative to BART approach was proposed for public comment by the Air Quality Board and is available for public review at http://www.airquality.utah.gov/Public-Interest/Public-Commen-Hearings/Pubrule.htm. Because Section R307-110-28 incorporates by reference the latest version of Utah's regional haze SIP Section XX adopted by the Air Quality Board, the rule needs to be amended as well. The public review and comment period for proposed SIP amendments, the technical support documentation, and the proposed amendment to Section R307-110-28 will run simultaneously.

Summary of the rule or change:

The rule is changed to incorporate the version of the regional haze SIP as adopted by the Air Quality Board on 06/03/2015. The SIP is amended to explicitly identify an alternative to BART for NOx that keeps in place the current NOx emission limits for PacifiCorp Hunter 1 and 2 and PacifiCorp Huntington 1 and 2 that are more stringent than EPA's presumptive BART limits; takes credit for installation of low-NOx burners at PacifiCorp Hunter 3 in 2008; and makes enforceable the expected closure of PacifiCorp Carbon 1 and 2.

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 Utah Division of Air Quality, 06/03/2015

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 to the SIP or the rule that affect local governments; therefore, there are no anticipated costs or savings.

small businesses:

The changes made to the SIP address an alternative to BART 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 conditions and emission limitations for the alternative to BART for the PacifiCorp Hunter and Huntington plants should not result in any additional compliance costs as the limits are already established in PacifiCorp's approval orders and operating permits. Likewise, the requirement to close the PacifiCorp Carbon plant should not result in any additional compliance costs as PacifiCorp has already announced the closure of that plant.

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

The conditions and emission limitations for the alternative to BART for the PacifiCorp Hunter and Huntington plants should not result in any additional compliance costs as the limits are already established in PacifiCorp's approval orders and operating permits. Likewise, the requirement to close the PacifiCorp Carbon plant should not result in any additional compliance costs as PacifiCorp has already announced the closure of that plant.

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:

05/01/2015

This rule may become effective on:

06/04/2015

Authorized by:

Bryce Bird, Director

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]June 3, 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: [December 4, 2014]2015

Notice of Continuation: February 1, 2012

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