No. 27428 (Amendment): R307-101-2. Definitions

DAR File No.: 27428
Filed: 09/15/2004, 12:42
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to delete the definition of "Breakdown," which is not needed. Breakdowns are addressed in the reenacted version of Rule R307-107 (see separate filing in this issue). (DAR NOTE: The repeal and reenactment of Rule R307-107 is under DAR No. 27427 in this issue.)

 

Summary of the rule or change:

This amendment deletes the definition of "breakdown." The subject of breakdowns is now addressed in the reenacted Rule R307-107 (see separate filing in this issue).

 

State statutory or constitutional authorization for this rule:

Section 19-2-104

 

Anticipated cost or savings to:

the state budget:

There is no change in costs due to the change in this rule. Any changes in costs are attributable in the reenacted version of Rule R307-107 (see separate filing in this issue).

 

local governments:

There is no change in costs due to the change in this rule. Any changes in costs are attributable in the reenacted version of Rule R307-107 (see separate filing in this issue).

 

other persons:

There is no change in costs due to the change in this rule. Any changes in costs are attributable in the reenacted version of Rule R307-107 (see separate filing in this issue).

 

Compliance costs for affected persons:

There is no change in costs due to the change in this rule. Any changes in costs are attributable in the reenacted version of Rule R307-107 (see separate filing in this issue).

 

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

There is no change in costs due to the change in this rule. Any changes in costs are attributable in the reenacted version of Rule R307-107.

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Air Quality
150 N 1950 W
SALT LAKE CITY UT 84116-3085

 

Direct questions regarding this rule to:

Jan Miller at the above address, by phone at 801-536-4042, by FAX at 801-536-4099, or by Internet E-mail at [e-mail]

 

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:

11/01/2004

 

Interested persons may attend a public hearing regarding this rule:

10/21/2004 at 1:30 PM, DEQ building, 168 N 1950 W, Room 201, Salt Lake City, UT

 

This rule may become effective on:

12/02/2004

 

Authorized by:

M. Cheryl Heying, Planning Branch Manager

 

 

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-101. General Requirements.

R307-101-2. Definitions.

Except where specified in individual rules, definitions in R307-101-2 are applicable to all rules adopted by the Air Quality Board.

"Actual Area of Nonattainment" means an area which is shown by monitored data or modeling actually to exceed the National Ambient Air Quality Standards (Boundaries are established in the Utah State Implementation Plan).

 

. . . . . . .

 

"Baseline Date":

(1) Major source baseline date means:

(a) In the case of particulate matter and sulfur dioxide, January 6, 1975, and

(b) In the case of nitrogen dioxide, February 8, 1988.

(2) Minor source baseline date means the earliest date after the trigger date on which the first complete application under 40 CFR 52.21 or R307-405 is submitted by a major source or major modification subject to the requirements of 40 CFR 52.21 or R307-405. The minor source baseline is the date after which emissions from all new or modified sources consume or expand increment, including emissions from major and minor sources as well as any or all general commercial, residential, industrial, and other growth. The trigger date is:

(a) In the case of particulate matter and sulfur dioxide, August 7, 1977, and

(b) In the case of nitrogen dioxide, February 8, 1988.

"Best Available Control Technology (BACT)" means an emission limitation and/or other controls to include design, equipment, work practice, operation standard or combination thereof, based on the maximum degree or reduction of each pollutant subject to regulation under the Clean Air Act and/or the Utah Air Conservation Act emitted from or which results from any emitting installation, which the Air Quality Board, on a case-by-case basis taking into account energy, environmental and economic impacts and other costs, determines is achievable for such installation through application of production processes and available methods, systems and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of each such pollutant. In no event shall applications of BACT result in emissions of any pollutants which will exceed the emissions allowed by Section 111 or 112 of the Clean Air Act.

"Board" means Air Quality Board. See Section 19-2-102(6)(a).[

"Breakdown" means any malfunction or procedural error, to include but not limited to any malfunction or procedural error during start-up and shutdown, which will result in the inoperability or sudden loss of performance of the control equipment or process equipment causing emissions in excess of those allowed by approval order or Title R307.]

"BTU" means British Thermal Unit, the quantity of heat necessary to raise the temperature of one pound of water one degree Fahrenheit.

 

. . . . . . .

 

KEY: air pollution, definitions

[December 31, 2003]2004

Notice of Continuation June 5, 2003

19-2-104