DAR File No. 41356

Environmental Quality, Air Quality

Rule R307-210

Stationary Sources

Notice of Proposed Rule

(Amendment)

DAR File No.: 41356
Filed: 03/14/2017 01:58:37 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended so that Utah Air Quality rules are up-to-date and consistent with federal regulations.

Summary of the rule or change:

This rule change updates the version of the Code of Federal Regulations (CFR) that is incorporated by reference throughout the Utah Air Quality rules. The rules that are being incorporated by reference include rules dealing with the new source performance standards (NSPS) required by the Clean Air Act. These changes include new standards for carbon dioxide (CO2) emissions from fossil fuel-fired electric generating units (EGUs). The changes also incorporate new standards for phosphoric acid manufacturing, which include numeric emission limits for previously unregulated fluoride emissions from calciners; work practice standards for hydrogen fluoride emissions; the removal of startup, shutdown, and malfunction exemptions; and revised recordkeeping requirements. These changes, along with other minor changes, are described in more detail at http://www.deq.utah.gov/boards/airquality.

Statutory or constitutional authorization for this rule:

• Subsection 19-2-104(1)(a)

This rule or change incorporates by reference the following material:

• Updates 40 CFR, published by U.S. Government Printing Office, 07/01/2016

Anticipated cost or savings to:

the state budget:

This rule updates the version of the CFR that is incorporated into the Utah Air Quality rules. None of the changes incorporated into the state rules will have an impact on the state budget because they are already federal law.

local governments:

This rule updates the version of the CFR that is incorporated into the Utah Air Quality rules. None of the changes incorporated into the state rules will have an impact on local government because they are already federal law.

small businesses:

This rule updates the version of the CFR that is incorporated into the Utah Air Quality rules. None of the changes incorporated into the state rules will have an impact on small businesses because they are already federal law.

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

This rule updates the version of the CFR that is incorporated into the Utah Air Quality rules. None of the changes incorporated into the state rules will have an impact on persons other than small businesses, businesses, or local government entities because the changes are already federal law that must be complied with.

Compliance costs for affected persons:

There will be no compliance costs for affected persons because any changes are already federal law that must be complied with.

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

Rule R307-210 will not have a fiscal impact on Utah businesses. Utah businesses will already have to comply with federal law, despite any changes made to the state rule. By incorporating the federal rules into state law, the rules become enforceable at the state level. It does not create additional requirements for businesses.

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:

05/01/2017

This rule may become effective on:

05/08/2017

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-210. [Stationary Sources]Standards of Performance for New 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, 201[5]6, 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.

 

KEY: air pollution, stationary sources, new source review

Date of Enactment or Last Substantive Amendment: [August 4, 2016]2017

Notice of Continuation: May 12, 2016

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