No. 38899 (Amendment): Section R307-110-17. Section IX, Control Measures for Area and Point Sources, Part H, Emissions Limits

(Amendment)

DAR File No.: 38899
Filed: 10/06/2014 03:10:02 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Air Quality Board has proposed adding new sections IX.H.21 and 22, Control Measures for Area and Point Sources, Emission Limits and Operating Practices, Regional Haze Requirements, to the state implementation plan (SIP). Because Section R307-110-17 is the section that incorporates the latest version of Part H of the SIP, the rule needs to be amended as well. The SIP is being amended because on 12/14/2012 the EPA approved the majority of Utah's Regional Haze SIP (RH SIP), but disapproved Utah's Best Available Retrofit Technology (BART) determinations for NOx and particulate matter (PM) for PacifiCorp's Hunter Unit 1, Hunter Unit 2, Huntington Unit 1, and Huntington Unit 2 that were adopted by the Air Quality Board in 2008. Specifically, EPA determined that the approval orders and operating permits for PacifiCorp's Hunter and Huntington plants were not practicably enforceable.

Summary of the rule or change:

Two new sections are added to Part H of the SIP to include enforceable BART conditions and emission limitations for particulate matter and NOx for PacifiCorp's Hunter and Huntington plants.

State statutory or constitutional authorization for this rule:

• Subsection 19-2-104(3)(e)

This rule or change incorporates by reference the following material:

• Updates State Implementation Plan, Section IX, Control Measures for Area and Point Sources, Part H, Emissions Limits, published by State of Utah, Division of Air Quality, 01/07/2015

Anticipated cost or savings to:

the state budget:

The new sections of Part H only apply to PacifiCorp's Hunter and Huntington plants; therefore, there are no anticipated costs or savings to the state budget.

local governments:

The new sections of Part H only apply to PacifiCorp's Hunter and Huntington plants; therefore, there are no anticipated costs or savings to local government.

small businesses:

The new sections of Part H only apply to PacifiCorp's Hunter and Huntington plants; therefore, there are no anticipated costs or savings to small businesses.

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

The new sections of Part H only apply to PacifiCorp's Hunter and Huntington plants; therefore, there are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

The emission limits in Part H should not result in any additional compliance costs as the limits are already established in PacifiCorp's approval orders and operating permits. This new section was added to Part H to ensure that the limits are practicably enforceable.

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

The emission limits in Part H should not have a fiscal impact on businesses as the limits are already established in PacifiCorp's approval orders and operating permits. This new section was added to Part H to ensure that the limits are practicably enforceable.

Amanda Smith, 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 QualityRoom Fourth Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Mark Berger at the above address, by phone at 801-536-4000, by FAX at 801-536-0085, 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:

12/22/2014

Interested persons may attend a public hearing regarding this rule:

• 12/01/2014 01:00 PM, DEQ, 195 N 1950 W, Room 4100, Salt Lake City, UT

This rule may become effective on:

01/08/2015

Authorized by:

Bryce Bird, Director

RULE TEXT

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, Emissions Limits.

The Utah State Implementation Plan, Section IX, Control Measures for Area and Point Sources, Part H, Emissions Limits, as most recently amended by the Utah Air Quality Board on [December 3, 2014]January 7, 2015, 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: [January 9, 2014]2015

Notice of Continuation: February 1, 2012

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

 

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