DAR File No. 39167

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.: 39167
Filed: 03/04/2015 04:19:31 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

On 10/01/2014, the Air Quality Board proposed adding new sections IX.H.21 and 22, Control Measures for Area and Point Sources, Emission Limits and Operating Practices, Regional Haze Requirements, to the state implementation plan (SIP). 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 approval orders and operating permits for PacifiCorp's Hunter and Huntington plants were not practicably enforceable. 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 be approvable by EPA and also provide greater reasonable progress towards improved visibility at Utah's Class I areas. Because Section R307-110-17 is the section that incorporates by reference the latest version of SIP Section IX, Part H (the SIP section that establishes enforceable emission limits), the rule needs to be amended as well.

Summary of the rule or change:

Two new sections are added to Part H of the SIP to include enforceable conditions and emission limitations for the alternative to BART for PacifiCorp Hunter Unit 1, PacifiCorp Hunter Unit 2, PacifiCorp Hunter Unit 3, PacifiCorp Huntington Unit 1, PacifiCorp Huntington Unit 2, and the PacifiCorp Carbon plants.

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 State Implementation Plan, Section IX, Control Measures for Area and Point Sources, Part H, Emissions Limits, published by State of Utah, Division of Air Quality, 06/03/2015

Anticipated cost or savings to:

the state budget:

The emission limits in Part H are already enforceable under approval orders; therefore, there are no anticipated costs or savings to the state budget.

local governments:

The new sections of Part H only apply to PacifiCorp plants; therefore, there are no anticipated costs or savings to local governments.

small businesses:

The new sections of Part H only apply to PacifiCorp plants; therefore, there are no anticipated costs or savings to small businesses.

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

The new sections of Part H only apply to PacifiCorp plants; therefore, there are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

The enforceable conditions and emission limitations for the alternative to BART for PacifiCorp Hunter Unit 1, PacifiCorp Hunter Unit 2, PacifiCorp Hunter Unit 3, PacifiCorp Huntington Unit 1, and PacifiCorp Huntington Unit 2 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 enforceable conditions and emission limitations for the alternative to BART for PacifiCorp Hunter Unit 1, PacifiCorp Hunter Unit 2, PacifiCorp Hunter Unit 3, PacifiCorp Huntington Unit 1, and PacifiCorp Huntington Unit 2 should not have a fiscal impact on businesses 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 have a fiscal impact on businesses 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.

R307-110-17. 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 [December 3, 2014]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)