DAR File No. 40766

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.: 40766
Filed: 09/13/2016 04:05:48 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to incorporate the recently amended Part H of the PM10 and PM2.5 State Implementation Plan (SIP) into the Utah Air Quality Rules. The amendments to Part H were made in response to comments submitted by the Environmental Protection Agency (EPA) on Utah's 2014 submission of the PM2.5 SIP. The changes are necessary for EPA to approve the PM2.5 SIP and the PM10 Maintenance Plan.

Summary of the rule or change:

The amendments to the text of Section R307-110-17 change the title of the rule to match the title that is found in the SIP. The date has also been changed to reflect the most recent incorporation of Part H. Part H has been amended to include the following: 1) more frequent monitoring; 2) emission limits that match the 24-hour averaging period of the PM2.5 National Ambient Air Quality Standard; 3) condensable PM2.5 limits where appropriate; 4) corrections to the emission limits at Chemical Lime Company; 5) revisions to the compliance schedule for Compass Minerals; 6) elimination of the conditions for Hill Air Force Base and Vulcraft/Nucor Building Systems; 7) elimination of the provisions intended to facilitate the production of gasoline meeting the sulfur requirements of Tier 3; and 8) a requirement for Kennecott to operate its existing wet scrubber at the Copperton Concentrator.

Statutory or constitutional authorization for this rule:

• Section 19-2-104

This rule or change incorporates by reference the following material:

• Updates Section IX, Control Measures for Area and Point Sources, Part H, Emissions Limits. , published by Utah Division of Air Quality, 12/07/2016

Anticipated cost or savings to:

the state budget:

This rule will not have an impact on the state budget because the state does not own any of the sources that are found in Part H of the SIP.

local governments:

This rule will not impact local governments because local governments do not own any of the sources that are found in Part H of the SIP.

small businesses:

The businesses listed in Part H that employ less than 50 people will have to comply with the requirements of the SIP. The costs associated with Part H will mostly be made up of the costs associated with more frequent monitoring. The monitoring is required by federal law due to the state's obligation to impose Reasonably Available Control Technology (RACT) on the sources listed in Part H. In order to determine RACT, cost is taken into consideration. Most of the costs required by Part H were imposed in 2014 when the SIP was last amended for PM2.5. The costs associated with additional monitoring will be around $1,000 all the way up to $100,000 for larger sources that are required to use continuous emission monitoring systems.

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

Other persons will not be directly impacted by this rule because the rule is regulating businesses.

Compliance costs for affected persons:

The compliance costs for the affected persons will mostly come from the costs associated with more frequent monitoring requirements. For some sources, this will be the cost of switching to continuous emission monitoring systems (CEMS). The cost may also be the price of more stack testing and parametric monitoring. This cost will vary depending on the size of the source and what equipment is needed. Cost was taken into account, as is required by the Clean Air Act, when the requirements of Part H were drafted. The costs associated with additional monitoring will be around $1,000 all the way up to $100,000 for larger sources that are required to use continuous emission monitoring systems.

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

The businesses listed in Part H will have to comply with the requirements of the SIP. The costs associated with Part H will mostly be made up of the costs associated with more frequent monitoring. For some sources, this will be the cost of switching to continuous emission monitoring systems (CEMS). The price of more stack testing and parametric monitoring will also have a fiscal impact on the sources in Part H. These costs will vary depending on the size of the source and what equipment is needed. The requirements in Part H need to be enforceable and meet the standard of RACT. In order to determine RACT, cost is taken into consideration. Most of the costs required by Part H were imposed in 2014 when the SIP was last amended for PM2.5.

Alan Matheson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Ryan Stephens at the above address, by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@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:

10/31/2016

Interested persons may attend a public hearing regarding this rule:

• 10/26/2016 11:00 AM, Utah Division of Air Quality, 195 N 1950 W, Salt Lake City, UT

This rule may become effective on:

11/07/2016

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, Emission[s] Limits.

The Utah State Implementation Plan, Section IX, Control Measures for Area and Point Sources, Part H, Emission[s] Limits and Operating Practices, as most recently amended by the Utah Air Quality Board on [December 2]December 7, 201[5]6, 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: [February 4,] 2016

Notice of Continuation: February 1, 2012

Authorizing, and Implemented or Interpreted Law: 19-2-104