DAR File No. 39168

This rule was published in the April 1, 2015, issue (Vol. 2015, No. 7) of the Utah State Bulletin.


Environmental Quality, Air Quality

Rule R307-210

Stationary Sources

Notice of Proposed Rule

(Amendment)

DAR File No.: 39168
Filed: 03/04/2015 04:21:09 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule incorporates the majority of 40 Code of Federal Regulations (CFR) Part 60 into the Utah Air Quality Rules. Since 07/01/2011, 40 CFR Part 60 has undergone many substantive changes that have not been incorporated into the state rules; therefore, Rule R307-210 needs to be amended to incorporate the changes published as of 07/01/2014. The federal rules already apply to the sources; incorporating them into the state rule allows the Division of Air Quality to enforce the standards.

Summary of the rule or change:

Amendments in the federal New Source Performance Standards have been made in 40 CFR Part 60 since Utah last incorporated the standards by reference into Rule R307-210. This rulemaking incorporates the revised federal standards through 07/01/2014. The following amendments to 40 CFR Part 60 are what is being incorporated into Rule R307-210. On 01/18/2012, the Environmental Protection Agency (EPA) amended 40 CFR Part 60, Appendix A to incorporate the most recent versions of ASTM International (ASTM) standards into EPA regulations that provide flexibility to use alternatives to mercury-containing industrial thermometers. This final rule allowed the use of alternatives in field and laboratory applications previously impermissible as part of compliance with EPA regulations. The older embedded ASTM standards unnecessarily impede the use of effective, comparable, and available alternatives to mercury-containing industrial thermometers. On 02/16/2012, the EPA amended 40 CFR Part 60, Subpart A, B, D, Da, Db, and Dc to revise standards of performance in response to a voluntary remand of a final rule. Specifically, they amended new source performance standards (NSPS) after analysis of the public comments. The EPA also finalized several minor amendments, technical clarifications, and corrections to existing NSPS provisions for fossil fuel-fired EGUs and large and small industrial-commercial-institutional steam generating units. On 04/19/2012, EPA amended 40 CFR Part 60, Subpart Da to correct certain preamble and regulatory text. This action corrected typographical errors, such as cross-reference errors and certain preamble text that is not consistent with the final regulatory text, which published in the Federal Register on Thursday, 02/16/2012. On 07/30/2012, EPA amended 40 CFR Part 60, Appendix A to promulgate Method 16C for measuring total reduced sulfur (TRS) emissions from stationary sources. Method 16C offers the advantages of real-time data collection and uses procedures that are already in use for measuring other pollutants. Method 16C will be a testing option that is used at the discretion of the tester. On 07/14/2012, EPA amended 40 CFR Part 60, Subpart A, Ga, New source performance standards (NSPS) for nitric acid plants. Nitric acid plants include one or more nitric acid production units (NAPUs). These revisions include a change to the nitrogen oxides (NOX) emission limit, which applies to each NAPU commencing construction, modification, or reconstruction after 10/14/2011. These revisions also include additional testing and monitoring requirements. On 08/16/2012, the EPA amended 40 CFR Part 60, Subparts KKK, LLL, OOOO to finalize the review of new source performance standards for certain oil and natural gas source sources. In this action, the EPA revised the new source performance standards for volatile organic compounds from leaking components at onshore natural gas processing plants and new source performance standards for sulfur dioxide emissions from natural gas processing plants. The rule also establishes standards for certain oil and gas operations not covered by the existing standards. In addition to the operations covered by the existing standards, the newly established standards will regulate volatile organic compound emissions from gas wells, centrifugal compressors, reciprocating compressors, pneumatic controllers, and storage vessels. This action also finalizes the residual risk and technology review for the Oil and Natural Gas Production source category and the Natural Gas Transmission and Storage source category. This action included revisions to the existing leak detection and repair requirements. This action finalized revisions to the regulatory provisions related to emissions during periods of startup, shutdown, and malfunction. This final rule became effective on 10/15/2012. On 09/12/2012, the EPA amended 40 CFR Part 60, Subpart A, J, Ja to finalize amendments to Standards of Performance for Petroleum Refineries and new standards of performance for petroleum refinery process units constructed, reconstructed or modified after 05/14/2007. On 01/30/2013, EPA amended Subpart A, IIII, JJJ to amend the national emission standards for hazardous air pollutants for stationary reciprocating internal combustion engines. The final amendments included alternative testing options for certain large spark ignition (generally natural gas-fueled) stationary reciprocating internal combustion engines, management practices for a subset of existing spark ignition stationary reciprocating internal combustion engines in sparsely populated areas and alternative monitoring and compliance options for the same engines in populated areas. The EPA established management practices for existing compression ignition engines on offshore vessels. The EPA also finalized limits on the hours that stationary emergency engines may be used for emergency demand response and establishing fuel and reporting requirements for certain emergency engines used for emergency demand response. The final amendments also corrected minor technical or editing errors in the current regulations for stationary reciprocating internal combustion engines. On 02/07/2013, EPA amended Subpart CCCC and DDDD to implement the final decision on the issues for which EPA granted reconsideration in December 2011, which pertain to certain aspects of the 03/21/2011, final rule titled "Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units" (CISWI rule). This final action established effective dates for the standards and makes technical corrections to the final rule to clarify definitions, references, applicability and compliance issues. The purpose of these amendments was to clarify several provisions in order to implement the non-hazardous secondary materials rule as the agency originally intended. On 02/12/2013, EPA amended Subpart F, the new source performance standard for particulate matter for the Portland cement industry. These amendments promoted flexibility, reduced costs, eased compliance, and preserve health benefits. The EPA set the date for compliance with the existing source national emission standards for hazardous air pollutants to be 09/09/2015. On 03/03/2013, EPA amended Subpart A, IIII, and JJJJ by making changes to Table 2c of Subpart ZZZZ. On 04/24/2013, EPA amended Subpart Da by taking final action on its reconsideration of certain issues in the final MATS NESHAP issued pursuant to CAA section 112, and the New Source Performance Standards rule issued pursuant to CAA section 111which is referred to as the Utility NSPS. The Administrator received petitions for reconsideration of certain aspects of the MATS NESHAP and the Utility NSPS. On 11/30/2012, the EPA granted reconsideration of, proposed, and requested comment on a limited set of issues. In this rulemaking, EPA took final action on the revised new source numerical standards in the MATS NESHAP and the definitional and monitoring provisions in the Utility NSPS that were addressed in the proposed reconsideration rule. As part of this action, the EPA made certain technical corrections to both the MATS NESHAP and the Utility NSPS. On 05/13/2013, EPA amended Subpart Ec by finalizing amendments to the federal plan and the new source performance standards for hospital/medical/infectious waste incinerators. These final actions implemented national standards promulgated in the 2009 amendments to the hospital/medical/infectious waste incinerator emissions guidelines that result in reductions in emissions of certain pollutants from all affected units. This rule became effective 06/12/2013. On 07/07/2013, EPA amended Subpart CCCC by setting forth the EPA's final decision on the issues for which it granted reconsideration in December 2011, which pertain to certain aspects of the 03/21/2011, final rule titled "Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units" (CISWI rule). This action also included the final decision to deny the requests for reconsideration with respect to all issues raised in the petitions for reconsideration of the final commercial and industrial solid waste incineration rule for which reconsideration was not granted. Among other things, this final action established effective dates for the standards and makes technical corrections to the final rule to clarify definitions, references, applicability, and compliance issues. In addition, the EPA issued final amendments to the regulations that were codified by the Non-Hazardous Secondary Materials rule (NHSM rule). The purpose of these amendments was to clarify several provisions in order to implement the non-hazardous secondary materials rule as the agency originally intended. This subpart took effect on 08/07/2013. On 09/23/2013, the EPA amended Subpart OOOO to finalize the amendments to new source performance standards for the oil and natural gas sector. The administrator received petitions for reconsideration of certain aspects of the 08/12/2012, final standards. These amendments are a result of reconsideration of certain issues raised by petitioners related to implementation of storage vessel provisions. The final amendments provide clarity of notification and compliance dates, ensure control of all storage vessel affected facilities and update key definitions. This action also corrected technical errors that were inadvertently included in the final standards. This final rule was effective on 09/23/2013. On 12/19/2013, EPA amended Subpart Ja by taking direct final action to amend the Standards of Performance for Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced after 05/14/2007. This direct final rule amended the definition of "delayed coking unit" by removing process piping and associated equipment (pumps, valves, and connectors) from the definition. This final rule also removed a redundant definition of "delayed coking unit" from the rule text. On 02/27/2014, EPA amended Subparts and Appendices of Part 60 by promulgating technical and editorial corrections for source testing of emissions and operations. Some current testing provisions contained inaccuracies and outdated procedures, and new alternatives were added. The revisions improved the quality of data and gave testers additional flexibility to use the newly approved alternative procedures. This rule became effective on 02/27/2014. On 04/04/2014, EPA amended Subparts A, and BBa by finalizing revisions to the new source performance standards for kraft pulp mills. These revised standards included particulate matter emission limits for recovery furnaces; smelt dissolving tanks and lime kilns, and opacity limits for recovery furnaces and lime kilns equipped with electrostatic precipitators. These revised standards apply to emission units commencing construction, reconstruction or modification after 05/23/2013. This final rule removed the General Provisions exemption for periods of startup, shutdown, and malfunction resulting in a standard that applies at all times. This final rule also included additional testing requirements and updated monitoring, recordkeeping and reporting requirements for affected sources, including electronic reporting of performance test data. These revisions to the testing, monitoring, recordkeeping, and reporting requirements are expected to ensure that control systems are properly maintained over time, ensure continuous compliance with standards and improve data accessibility for the EPA, states, tribal governments and communities. This final action was effective on 04/04/2014. On 05/06/2014, EPA amended Subpart A, Ga by making a change to a calculation. On 05/16/2014, EPA amended Appendix F to promulgate quality assurance and quality control (QA/QC) procedures (referred to as Procedure 3) for continuous opacity monitoring systems (COMS) used to demonstrate continuous compliance with opacity standards specified in new source performance standards (NSPS) issued by the EPA pursuant to section 111(b).

State statutory or constitutional authorization for this rule:

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

This rule or change incorporates by reference the following material:

  • Updates 40 CFR 60, published by National Archives and Records Administration's Office of the Federal Register, July 1, 2014

Anticipated cost or savings to:

the state budget:

There are no additional costs or savings to the state budget because all costs to the state to enforce these rules are offset by the fees paid by the source under the Operating Permit Rule R307-415.

local governments:

There are no additional costs or savings to local governments, as the state is already enforcing these rules, and the cost of enforcing the regulations is covered by the fees paid by the affected sources for their permit under Rule R307-415.

small businesses:

There are no anticipated savings or costs to small businesses as all of these rules are in effect federally and sources are already subject to any of the costs that may result.

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

There are no anticipated savings or costs as all of these rules are in effect federally and sources are already subject to any of the associated costs.

Compliance costs for affected persons:

There are no anticipated compliance costs for affected persons as all of these rules are in effect federally and sources are already subject to any of the costs that may result.

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

There are no appreciable costs for business in incorporating these federal rules into Utah's rules as the affected businesses already are subject to the federal requirement.

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:

05/01/2015

This rule may become effective on:

06/04/2015

Authorized by:

Bryce Bird, Director

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-210. Stationary Sources.

R307-210-1. Standards of Performance for New Stationary Sources (NSPS).

The provisions of 40 Code of Federal Regulations (CFR) Part 60, effective on July 1, [2011]2014, except for Subparts Cb, Cc, Cd, Ce, BBBB, DDDD, and HHHH, are incorporated by reference into these rules with the exception that references in 40 CFR to "Administrator" shall mean "director" unless by federal law the authority referenced is specific to the Administrator and cannot be delegated.

 

[R307-210-2. Oil and Gas Sector: New Source Performance Standards.

The "Oil and Gas Sector: New Source Performance Standards" in 40 CFR 60.17, 40 CFR Part 60 Subpart KKK, 40 CFR Part 60 Subpart LLL, and 40 CFR Part 60 Subpart OOOO promulgated by the Environmental Protection Agency on August 16, 2012 in 77 FR 49490 and revised on September 23, 2013 in 78 FR 58435 are hereby incorporated by reference.

 

]KEY: air pollution, stationary sources, new source review

Date of Enactment or Last Substantive Amendment: [March 6, 2014]2015

Notice of Continuation: April 6, 2011

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

 


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/2015/b20150401.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.

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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 [email protected].  For questions about the rulemaking process, please contact the Division of Administrative Rules.