DAR File No. 43589

Environmental Quality, Air Quality

Section R307-401-10

Source Category Exemptions

Notice of Proposed Rule

(Amendment)

DAR File No.: 43589
Filed: 03/15/2019 01:33:58 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment is necessary to include gasoline dispensing facilities (GDF), as defined in 40 CFR 63.11132 that are not major sources, as an exempt source category from the requirement to obtain an approval order under Sections R307-401-5 through R307-401-8. GDF's already in compliance with federal regulations would already exceed any requirements necessary under Rule R307-328 and 40 CFR 63, Subpart 6C.

Summary of the rule or change:

This amendment adds subsection R307-401-10(6), providing language that includes gasoline dispensing facilities as an exempt source category.

Statutory or constitutional authorization for this rule:

• Subsection 19-2-104(1)(a)

Anticipated cost or savings to:

the state budget:

This rule change is not expected to have any fiscal impact on the state budget.

local governments:

This rule change is not expected to have any fiscal impact on local governments.

small businesses:

This rule change is not expected to have any fiscal impact on small businesses.

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

This rule change is not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

This rule change will not have a compliance cost for affected persons. This proposed change does not alter previously existing requirements.

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

After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a fiscal impact to 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:

• Thomas Gunter at the above address, by phone at 801-536-4419, by FAX at , or by Internet E-mail at thomasgunter@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:

05/01/2019

This rule may become effective on:

06/05/2019

Authorized by:

Bryce Bird, Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2019	FY 2020	FY 2021
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

No non-small businesses are expected to be impacted by this rulemaking. This rule exempts gasoline dispensing facilities from the permitting process, as they are already regulated under an existing rule. There are no anticipated costs or benefits due to this rule.

 

The Executive Director of the Department of Environmental Quality, Alan Matheson, has reviewed and approved this fiscal analysis.

 

 

R307. Environmental Quality, Air Quality.

R307-401. Permit: New and Modified Sources.

R307-401-10. Source Category Exemptions.

The source categories described in R307-401-10 are exempt from the requirement to obtain an approval order found in R307-401-5 through R307-401-8. The general provisions in R307-401-4 shall apply to these sources.

(1) Fuel-burning equipment in which combustion takes place at no greater pressure than one inch of mercury above ambient pressure with a rated capacity of less than five million BTU per hour using no other fuel than natural gas or LPG or other mixed gas that meets the standards of gas distributed by a utility in accordance with the rules of the Public Service Commission of the State of Utah, unless there are emissions other than combustion products.

(2) Comfort heating equipment such as boilers, water heaters, air heaters and steam generators with a rated capacity of less than one million BTU per hour if fueled only by fuel oil numbers 1 - 6,

(3) Emergency heating equipment, using coal or wood for fuel, with a rated capacity less than 50,000 BTU per hour.

(4) Exhaust systems for controlling steam and heat that do not contain combustion products.

(5) A well site as defined in 40 CFR 60.5430a, including centralized tank batteries, that is not a major source as defined in R307-101-2, and is registered with the Division as required by R307-505.

(6) A gasoline dispensing facility as defined in 40 CFR 63.11132 that is not a major source as defined in R307-101-2. These sources shall comply with the applicable requirements of R307-328 and 40 CFR 63 Subpart CCCCCC: National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities.

 

KEY: air pollution, permits, approval orders, greenhouse gases

Date of Enactment or Last Substantive Amendment: [March 5, 2018]2019

Notice of Continuation: May 15, 2017

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