No. 29229 (Amendment): R307-220. Emission Standards: Plan for Designated Facilities

DAR File No.: 29229
Filed: 11/15/2006, 11:12
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to add a new Section R307-220-5 to incorporate by reference the new Plan for Mercury Emissions at Coal-Fired Electric Generating Units, and to delete specific definitions from Section R307-220-1.

Summary of the rule or change:

A new Section R307-220-5 is added to incorporate by reference the new Plan for Mercury Emissions at Coal-Fired Electric Generating Units. The Plan is available at: http://www.airquality.utah.gov/Public-Interest/Current-Issues/mercury/index-mercury.htm. The Plan, which is required by 40 CFR Part 60, sets forth Utah's program to comply with the federal Clean Air Mercury Rule (CAMR). The Utah Plan is to participate in the federal cap and trade program for mercury emissions from coal-fired electric generating units (EGUs). The CAMR sets Utah's allowances at 0.506 tons per year in 2010 and 0.200 tons per year in 2018 and later. The Environmental Protection Agency (EPA) estimates that EGUs in Utah emitted 0.142 tons of mercury in 1999. Utah's plan, in conjunction with new rule Rule R307-424 (see separate filing in this issue), which sets emission limits for existing and new EGUs, ensures that emissions of mercury from EGUs will not rise above the 1999 levels, even as power production expands in the future. This amendment deletes definitions from Section R307-220-1 because new definitions have been added in 40 CFR Part 60, which is incorporated by reference by Rule R307-210 (see separate filing in this issue). (DAR NOTE: The proposed amendment for Rule R307-210 is under DAR No. 29228, and the proposed new Rule R307-424 is under DAR No. 29231 in this issue, December 1, 2006, of the Bulletin.)

State statutory or constitutional authorization for this rule:

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

This rule or change incorporates by reference the following material:

Designated Facilities Plan, Section 4, Plan for Mercury Emissions at Coal-Fired Electric Generating Units

Anticipated cost or savings to:

the state budget:

There are no costs to the state budget by adopting this plan; costs for all regulated sources are covered by the fees they pay under Rule R307-415, the operating permits program.

local governments:

There are no costs to local governments, because any regulated sources owned by local governments pay their fees from the revenue generated by selling electric power.

other persons:

The regulated sources will receive allowances for all their current emissions of mercury. There is nothing in the Plan incorporated by this rule that requires regulated sources to add control measures. However, affected sources are required to install continuous emissions monitoring equipment; the cost is unknown because the equipment does not yet exist (see separate filing on R307-424 in this issue).

Compliance costs for affected persons:

The regulated sources will receive allowances for all their current emissions of mercury. There is nothing in the Plan incorporated by this rule that requires regulated sources to add control measures. However, affected sources are required to install continuous emissions monitoring equipment; the cost is unknown because the equipment does not yet exist (see separate filing on R307-424 in this issue).

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

There are no costs for business associated with this rule and the Plan it incorporates by reference. However, there will be unknown expenses to install continuous emissions monitoring equipment. Reductions in mercury emissions will be achieved by adoption of Rule R307-424. 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 at the above address, by phone at 801-536-4042, 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:

01/02/2007

Interested persons may attend a public hearing regarding this rule:

12/12/2006 at 1:30 PM, DEQ Building, 168 N 1950 W, Room 201, Salt Lake City, UT

This rule may become effective on:

02/07/2007

Authorized by:

M. Cheryl Heying, Planning Branch Manager

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-220. Emission Standards: Plan for Designated Facilities.

R307-220-1. Incorporation by Reference.

[(1) ]Pursuant to 42 U.S.C. 7411(d), the Federal Clean Air Act Section 111(d), the following sections hereby incorporate by reference the Utah plan for designated facilities. Copies of the plan are available at the Division of Air Quality and the Division of Administrative Rules.[

(2) Definitions. The following additional definitions apply to R307-220:

"Designated Facility" means any existing source which emits a designated pollutant and which would be subject to a standard of performance for a new source if construction of the designated facility had begun after the effective date of the standard of performance issued under 40 CFR Part 60.

"Designated Pollutant" means any air contaminant, the emission of which:

(a) is subject to a standard of performance for a new source; and

(b) is not subject to a National Ambient Air Quality Standard; and

(c) is not a hazardous air pollutant as defined in R307-101-2.]

 

R307-220-5. Section IV, Coal-Fired Electric Generating Units.

Section IV, Coal-Fired Electric Generating Units, as most recently adopted by the Air Quality Board on February 7, 2007, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

KEY: air pollution, landfills,[ environmental protection,] incinerators, electric generating units

Date of Enactment or Last Substantive Amendment: [October 3, 2002]2007

Notice of Continuation: March 26, 2002

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