No. 30706 (Amendment): R307-417. Acid Rain Sources

DAR File No.: 30706
Filed: 11/08/2007, 03:31
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the change is to remove the specific version date for the Code of Federal Regulations (CFR) found in Rule R307-417. The rule will now default to Section R307-101-3 that establishes the version of the CFR that is incorporated throughout Title R307. The Utah Air Quality Board is also proposing to add two new sections that will incorporate by reference 40 CFR Part 75 and Part 76, so that all rules that deal with the Acid Rain program are in one rule. This amendment is part of an overall revision to rules that will streamline the process of updating the incorporation by reference of the CFR throughout Title R307 (see separate filings on Rules R307-101, R307-115, R307-170, R307-215, R307-221, R307-222, R307-223, R307-224, R307-310, R307-801, and R307-840 in this issue). If requested, a public hearing will be held Wednesday, 12/19/2007 at 2:00 p.m. in the Main Conference Room of the Environmental Quality Building located at 150 N 1950 W in Salt Lake City. If no request for a public hearing is received by 12/17/2007, the hearing will be canceled. After 12/17/2007, you may go to http://www.airquality.utah.gov/Public-Interest/Public-Commen-Hearings/Pubrule.htm or call 801-536-4136 to determine if the public hearing has been canceled. A request for a public hearing may be submitted by electronic mail to [e-mail] or by calling 801-536-4136. (DAR NOTE: The proposed amendment for Rule R307-101 is DAR No. 30697; the proposed amendment for Rule R307-115 is under DAR No. 30698; the proposed amendment for Section R307-170-7 is under DAR No. 30699; the proposed repeal of Rule R307-215 is under DAR No. 30700; the proposed amendment for Rule R307-221 is under DAR No. 30701; the proposed amendment for Rule R307-222 is under DAR No. 30702; the proposed amendment for Rule R307-223 is under DAR No. 30703; the proposed amendment for Section R307-224-2 is under DAR No. 30704; the proposed amendment for Section R307-310-2 is under DAR No. 30705; the proposed amendment for Rule R307-801 is under DAR No. 30707; and the proposed amendment for Rule R307-840 is under DAR No. 30708 all in this issue, December 1, 2007, of the Bulletin.)

Summary of the rule or change:

This amendment removes the specific version date for the CFR in Rule R307-417. The rule will now default to Section R307-101-3 that establishes the version of the CFR that is incorporated throughout Title R307. In a separate rulemaking, the version of the CFR referenced in Section R307-101-3 is being updated to the July 1, 2007, version. The following changes to 40 CFR Part 72 will be included as the result of the change in Section R307-101-3. 05/13/1999 (64 FR 25842) This action revised certain provisions in the regulations concerning the deduction of allowances for determining compliance. The revisions improved the operation of the Allowance Tracking System and the allowance market generally, while still preserving the Act's environmental goals. This action allowed excess emissions to be reduced at a unit by allowing deductions of up to a certain number of allowances for that unit from the allowance accounts of other units at the same source that had unused allowances. This revision included a formula for calculating the allowance deductions allowed from other units' accounts. This revision allowed the authorized account representative to specify, within 15 days of receiving notice from the Agency of a unit's failure to hold sufficient allowances, the serial numbers of the allowances to deduct and the compliance sub-accounts from which to deduct those allowances. 05/26/1999 (64 FR 28588) This revision involved the following matters: 1) revised definitions of gas-fired, oil-fired, and peaking unit to allow for changes in the unit fuel usage and/or operation; 2) revised the applicability provisions in part 72 by making a minor wording correction; 3) added new QA/QC requirements for quantifying stack gas moisture content; 4) clarified the certification and recertification process; 5) revised substitute data requirements for CO2 heat input and moisture; 6) revised the petition provisions for alternatives to part 75 requirements; 7) clarified the span and range requirement; 8) clarified the general QA/QC requirement; 9) added calibration error test requirements; 10) added linearity test requirement; 11) added a new flow-to-load QA test for flow monitors; 12) added reductions in and/or clarifications to the Relative Accuracy Test Audit (RATA) and bias test requirements; 13) clarified the procedures for continuous emissions monitoring (CEM) data validation; 14) clarified the SO2 emission data protocol for gas-fired and oil-fired units; 15) revised the determination of CO2 emissions under Appendix G; 16) revised the recordkeeping and reporting to reflect the other proposed revisions; 17) revised the traceability protocol for calibration gases, and 18) revised NOx mass emission recordkeeping and reporting provisions, and revised the NOx mass monitoring requirement. 03/01/2001 (66 FR 12978) This action removed the industrial utility units exemption from the existing rules. Industrial utility units are not affected utility units under Title IV of the Act and therefore do not need an exemption from requirements of Title IV. 05/12/2005 (70 FR 25334) This action promulgated requirements that are not relevant to Utah. 04/28/2006 (71 FR 25378) This action promulgated requirements for Clean Air Interstate Rule (CAIR), which does not apply to western states. The Utah Air Quality Board is also proposing to add two sections to Rule R307-417 that will incorporate by reference 40 CFR Part 75 and 40 CFR Part 76. Although Part 75 is referenced throughout R307, it was never actually incorporated by reference into R307. Part 75 establishes the monitoring, recordkeeping, and reporting requirements for the Acid Rain Program, and should have been incorporated by reference years ago. Therefore, the Board is proposing to adopt a change to Rule R307-417 that incorporates 40 CFR 75 into Title R307. The Board is also proposing to move 40 CFR Part 76 from Rule R307-215 to Rule R307-417, so that all rules that deal with the Acid Rain program are in one rule (see separate filing on Rule R307-215 in this issue). The EPA has made several changes to 40 CFR Part 76 since it was last incorporated by reference. The following is a summary of these changes: 01/23/1997 (62 FR 3464) This action corrected the effective date and other inadvertent typographical and administrative errors in the 12/19/1996 final rule. The effective date was revised to 02/17/1997, which was 60 days after the 12/19/1996 publication date, as required by Small Business Regulatory Enforcement Fairness Act. The several other corrections involved correcting the amendatory instructions in the 12/19/1996 rule. The amendatory instruction adding defined terms to the definitions section (76.2) and included terms for which no definition was actually provided or intended to be provided. The incorrectly listed terms were removed from the amendatory instructions. The remaining corrections involved typographical or similar errors in the rule language itself. 10/15/1999 (64 FR 55838) This action defined any boiler subject to the limits starting in 2000, constructed as a cell burner boiler, and converted to the burner configuration of a wall-fired boiler as a cell burner boiler. A cell burner boiler must meet an annual average NOx emission limit of 0.68 lb/mmBTU.

State statutory or constitutional authorization for this rule:

Section 19-2-104

This rule or change incorporates by reference the following material:

40 CFR Part 72, 40 CFR Part 75, and 40 CFR Part 76, July 1, 2007

Anticipated cost or savings to:

the state budget:

No costs or savings are expected because the cost of Air Quality's reviews are covered by fees paid by applicants.

local governments:

No adverse economic impact is expected to occur as a result of updating the incorporation by reference of the CFR because these provisions are already federally enforceable.

small businesses and persons other than businesses:

SMALL BUSINESSES: No adverse economic impact is expected to occur as a result of updating the incorporation by reference of the CFR because these provisions are already federally enforceable. OTHER PERSONS: No adverse economic impact is expected to occur as a result of updating the incorporation by reference of the CFR because these provisions are already federally enforceable.

Compliance costs for affected persons:

No adverse economic impact is expected to occur as a result of updating the incorporation by reference of the CFR because these provisions are already federally enforceable.

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

No adverse economic impact is expected to occur as a result of updating the incorporation by reference of the CFR because these provisions are already federally enforceable. Richard W. Sprott, 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:

Mat E. Carlile at the above address, by phone at 801-536-4136, 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:

12/31/2007

This rule may become effective on:

02/07/2008

Authorized by:

Bryce Bird, Planning Branch Manager

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-417. Permits: Acid Rain Sources.

R307-417-1. Part 72 Requirements.

The provisions of 40 CFR Part 72, [as in effect on July 1, 1998]effective as of the date referenced in R307-101-3, for purposes of implementing an acid rain program that meets the requirements of Title IV of the Clean Air Act, are incorporated into these rules by reference. The term "permitting authority" shall mean the Executive Secretary of the Air Quality Board, and the term "Administrator" shall mean the Administrator of the Environmental Protection Agency. If the provisions or requirements of 40 CFR Part 72 conflict with or are not included in R307-415, Permits: Operating Permit Requirements, provisions and requirements of 40 CFR Part 72 shall apply and take precedence.

 

R307-417-2. Part 75 Requirements.

The provisions of 40 CFR Part 75, effective as of the date referenced in R307-101-3, for purposes of implementing an acid rain program that meets the requirements of Title IV of the Clean Air Act, are incorporated into these rules by reference. The term "permitting authority" shall mean the executive secretary of the Air Quality Board, and the term "Administrator" shall mean the Administrator of the Environmental Protection Agency. If the provisions or requirements of 40 CFR Part 75 conflict with or are not included in R307-415, Operating Permit Requirements, provisions and requirements of 40 CFR Part 75 shall apply and take precedence.

 

R307-417-3. Part 76 Requirements.

The provisions of 40 CFR Part 76, effective as of the date referenced in R307-101-3, for purposes of implementing an acid rain program that meets the requirements of Title IV of the Clean Air Act, are incorporated into these rules by reference. The term "permitting authority" shall mean the executive secretary of the Air Quality Board, and the term "Administrator" shall mean the Administrator of the Environmental Protection Agency. If the provisions or requirements of 40 CFR Part 76 conflict with or are not included in R307-415, Operating Permit Requirements, provisions and requirements of 40 CFR Part 76 shall apply and take precedence.

 

KEY: acid rain, air quality, permitting authority[*], operating permit[*]

Date of Enactment or Last Substantive Amendment: [March 5, 1999]2008

Notice of Continuation: July 13, 2007

Authorizing, and Implemented or Interpreted Law: 19-2-101; 19-2-104(3)(q)