No. 29001 (Amendment): R307-110-13. Section IX, Control Measures for Area and Point Sources, Part D, Ozone

DAR File No.: 29001
Filed: 09/07/2006, 04:05
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to incorporate by reference the new Section IX.D of the state implementation plan (SIP) (ozone eight-hour maintenance plan) in Section R307-110-13, which replaces the current one-hour ozone maintenance plan and the current one-hour ozone SIP. This amendment is part of revisions to rules related to the ozone maintenance plan (see separate filings on Section R307-101-2; and Rules R307-320, R307-325, R307-326, R307-327, R307-328, R307-332, R307-335, R307-340, R307-341, R307-342, and R307-343 in this issue.) (DAR NOTE: The other filings are under: Section R307-101-2 (DAR No. 29000); and Rules R307-320 (DAR No. 29002); R307-325 (DAR No. 29003); R307-326 (DAR No. 29006); R307-327 (DAR No. 29004); R307-328 (DAR No. 29005); R307-332 (DAR No. 29007); R307-335 (DAR No. 29008); R307-340 (DAR No. 29009); R307-341 (DAR No. 29010); R307-342 (DAR No. 29011); and R307-343 (DAR No. 29012) in this issue.)

Summary of the rule or change:

This amendment revises Section R307-110-13 by replacing Section IX.D of the SIP that is incorporated by reference by Section R307-110-13. There are several important changes in the eight-hour maintenance plan. The following is a list of major differences between this draft plan and the existing one-hour maintenance plan: 1) the previous one-hour maintenance plan established a mobile source budget for purposes of transportation conformity. When the one-hour standard was revoked, effective June 15, 2005, transportation conformity no longer applied. Therefore, the mobile source budgets for Salt Lake and Davis Counties are not included in this plan and the Wasatch Front Regional Council is not required to demonstrate conformity with the mobile source inventory that is included in this plan; 2) the previous plan included a case-by-case volatile organic compound (VOC) reasonably available control technology (RACT) determination for Hill Air Force Base (Hill) and Olympia Sales. The intent of that determination was to demonstrate that current operations at these two sources were RACT, and that any future changes would be covered by the new source review (NSR) program. The Environmental Protection Agency (EPA) interpreted this SIP provision in a more stringent manner than intended, and considered every provision in the applicable approval orders to be a SIP condition. To resolve this unworkable interpretation, the Division of Air Quality (DAQ) has worked with Hill to develop a new RACT determination for Hill to reflect underlying standards such as Utah's RACT rules and federal maximum achievable control technology (MACT) standards. Because the MACT standards were implemented since the previous one-hour maintenance plan was adopted, the overall RACT level will now be more stringent than what was considered RACT in the mid-1990s; 3) when the one-hour ozone maintenance plan was originally adopted in 1993, EPA required Utah to include contingency measures that were already adopted and could be implemented quickly. It was later discovered that the contingency measures did not need to be adopted, but could be identified as potential contingency measures that could be evaluated and adopted within a reasonable time period after an ozone violation occurred. In this eight-hour maintenance plan, a list of possible contingency measures is included. However, DAQ is recommending deleting the pre-approved rules for Stage II Vapor Recovery and several other contingencies because if and when they may be triggered in the future, those contingencies that are implemented will be selected based on information available at that time; 4) the Inspection and Maintenance Program performance standards for Salt Lake and Davis Counties are reestablished using EPA MOBILE6 software and the target years have been extended through 2014; and 5) the old one-hour maintenance plan in Section IX.D.1 of the SIP is deleted. This plan was adopted in the early 1980s and is no longer applicable because it was developed to attain the one-hour ozone standard. This plan was developed according to current EPA guidance and demonstrates that Salt Lake and Davis Counties will remain in compliance to the Ozone National Ambient Air Quality Standards (NAAQS) through 2014. The proposed maintenance plan is available at: http://www.airquality.utah.gov/Public-Interest/Current-Issues/ozone_maintenance/index.htm.

State statutory or constitutional authorization for this rule:

Subsection 19-2-104(3)(e)

This rule or change incorporates by reference the following material:

State Implementation Plan, Section IX, Control Measures for Area and Point Sources, Part D, Ozone Maintenance Provisions for Salt Lake and Davis Counties

Anticipated cost or savings to:

the state budget:

Because these revisions do not create any new requirements, no change in costs is expected to the state budget.

local governments:

Because these revisions do not create any new requirements, no change in costs is expected for local governments.

other persons:

Because these revisions do not create any new requirements, no change in costs is expected for other persons.

Compliance costs for affected persons:

Because these revisions do not create any new requirements, no change in costs is expected for affected persons.

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

Because these revisions do not create new requirements, no change to costs is expected for businesses. Dianne R. Nielson, 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 Quality
150 N 1950 W
SALT LAKE CITY UT 84116-3085

Direct questions regarding this rule to:

Jan Miller or Mat E. Carlile at the above address, by phone at 801-536-4042 or 801-536-4136, by FAX at 801-536-0085 or 801-536-0085, or by Internet E-mail at [e-mail] or [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:

10/31/2006

Interested persons may attend a public hearing regarding this rule:

10/17/2006 at 2:00 PM, DEQ Building, 168 N 1950 W, Salt Lake City, UT

This rule may become effective on:

12/07/2006

Authorized by:

M. Cheryl Heying, Planning Branch Manager

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-110. General Requirements: State Implementation Plan.

R307-110-13. Section IX, Control Measures for Area and Point Sources, Part D, Ozone.

The Utah State Implementation Plan, Section IX, Control Measures for Area and Point Sources, Part D, Ozone, as most recently amended by the Utah Air Quality Board on [September 9, 1998]December 6, 2006, 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: [June 16, ]2006

Notice of Continuation: June 16, 2006

Authorizing, and Implemented or Interpreted Law: 19-2-104(3)(e)