No. 26942: R307-150. Emission Inventories

DAR File No.: 26942
Filed: 02/09/2004, 04:29
Received by: NL

 

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 19-2-104(1)(c)allows the Air Quality Board to make rules "...requiring persons engaged in operations which result in air pollution to ...file periodic reports containing information relating to the rate, period of emission, and composition of the air contaminant..." Rule R307-150 implements that statute by specifying the sources that must submit information, the information that must be submitted, and the due date for submissions. Rule R307-150 meets the requirements of the federal Consolidated Emissions Reporting Rule, 40 CFR 51.30(e) (67 FR 39602).

 

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Written comments have been received only during the public comment periods when Rule R307-150 was being amended. For the amendment under DAR No. 22605, effective April 6, 2000, no comments were received. For the amendment under DAR No. 22929, effective October 5, 2000, no comments were received. For the amendment under DAR No. 26648, effective December 31, 2003, the following comments were received: COMMENT 1: Kennecott expressed concern that this rule makes the 2002 inventory for ammonia and PM2.5 due before this rule was proposed, thus making all sources who did not report this information in April of this year in violation of the law. RESPONSE 1: Staff agrees. We have proposed a change found on page 1, line 17-18 wherein we change the due date to 90 days following the effective date of this rule and April 15 of the year following each inventory request thereafter. Note that we have already sent out a request for ammonia and PM2.5 from all major sources in the state as required in the federal Consolidated Emissions Reporting Rule, and requested that they be submitted to the Division by the end of 2003. Sources are complying with this request; COMMENT 2: Chevron expressed concern that, at some future date, the state could unilaterally establish a format for the submittal of an inventory, and the companies could use only that format for data submittal. RESPONSE 2: The Division is developing a Workbook for each company to use in submitting their emissions inventory. This is a first step toward web-based information submittal. We recognize that there are some companies for whom this system may not work, and we are working with those companies to develop a format for their inventory submittal. In response to Chevron's comment, we are proposing a revision to page 1, line 21 to state that we will accept the data from them in a format that we have worked out with each source; COMMENT 3: JBR Environmental Consultants notes that the definition of "Large Major Source" includes only sources with emissions greater than 2,500 tons/year of certain pollutants. JBR believes that number was a typo and should be 250. RESPONSE 3: The CERR defines "Large Major Source" as those with 2,500 tons/year or more; COMMENT 4: JBR would like the definition of "Major Source" copied to this section so it is easily compared to the definition of "Large Major Source." RESPONSE 4: Staff disagrees. It has been our experience that such copies are prone to develop errors as one definition or the other is changed. Staff feels it is very important that readers understand that the CERR ties the responsibility of sources to report emissions to the requirements of Title V (Operating Permits), which is where the definition of "Major Source" is located; COMMENT 5: JBR supports the concept of submitting an inventory only every third year if the emissions of ammonia or PM2.5 have not changed more than 40 tons. RESPONSE 5: Noted; COMMENT 6: JBR also suggested that the rule be more specific about whether the "change" is for a specific year or can be a cumulative change over a period. RESPONSE 6: The current proposal is very specific that if the emissions of a source in a given year are different by more than 40 tons from the "last inventory submitted," the source has to submit an inventory for that year; and COMMENT 7: JBR expressed concern that there are few emission factors for ammonia, and recommend that the state wait until there are factors before requiring the inventory because what will be submitted will be highly suspect. RESPONSE 7: The staff recognizes the limitations of the current emission factors for both ammonia and PM2.5. EPA also recognizes those limitations, but is using the information collected to identify where they need to focus their resources to develop emission factors and to begin to identify potential control strategies to reduce ambient concentrations of PM2.5. The CERR is federal law, and requires the submittal of inventories for ammonia and PM2.5, beginning with a 2002 inventory to be delivered to EPA by June 1, 2004. It should be noted, though, that we have been telling sources that if they cannot find an emission factor for one of their processes, report to the Division that there is "no factor." If there is an emission factor published in the AP-42 (EPA's list of emission factors), and the source wants to use another factor they think is more appropriate, Air Quality asks that they tell us where the factor came from and why it is more appropriate.

 

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The State of Utah is required under the federal Consolidated Emissions Reporting Rule, 40 CFR 51.30(e), to submit inventories of emissions from a variety of sources to the federal Environmental Protection Agency on a schedule specified in the federal rule. Rule R307-150 specifies the kinds of sources that must submit inventory information to the State in order to fulfill the State's responsibilities. In addition, the inventory information is required in order to determine the fees paid by sources subject to 40 CFR Part 70 and Rule R307-415, the Operating Permit Program, and for determining where emission reductions can be achieved if needed for Utah to remain in attainment of the federal health standards for air quality. Therefore, the rule should be continued

 

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]

 

Authorized by:

M. Cheryl Heying, Planning Branch Manager