No. 26947 (Amendment): R307-415-6c. Permit Content: Compliance Requirements

DAR File No.: 26947
Filed: 02/11/2004, 02:25
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the amendment is to bring Utah's rule into alignment with new federal requirements. The federal rule (40 CFR 70.6c (68 FR 38518) published on June 27, 2003) requires that states revise their rules by June 28, 2004.

 

Summary of the rule or change:

The interpretation of the federal provisions for continuous or intermittent compliance certification by sources of air pollution that are subject to Title V of the Clean Air Act has been under discussion for many years. The federal rule revision promulgated at 68 FR 38518 on June 27, 2003, settles the questions, and this amendment to Section R307-415-6c implements the new federal language. However, there is no change in required procedures in Utah, as Utah has been following this interpretation already.

 

State statutory or constitutional authorization for this rule:

Section 19-2-109.1, and 40 CFR 70.6c

 

Anticipated cost or savings to:

the state budget:

There is no cost to the state budget, as all costs of the Operating Permit program are funded by fees paid by the affected sources.

 

local governments:

There are several local governments that own sources that are subject to Operating Permits requirements, but Utah's requirements do not change for them and there is no cost to the sources.

 

other persons:

While the discussion of the proper interpretation of the federal requirements has gone on at the federal level, Utah has implemented the requirements that have now been promulgated by EPA. Therefore, there is no change in what sources in Utah are required to do, and thus no cost to them.

 

Compliance costs for affected persons:

While the discussion of the proper interpretation of the federal requirements has gone on at the federal level, Utah has implemented the requirements that have now been promulgated by EPA. Therefore, there is no change in what sources in Utah are required to do, and thus no cost to them.

 

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

We are glad that the interpretation of federal provisions is now settled so that sources of air pollution have more certainty about requirements that apply to them.

 

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]

 

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:

03/31/2004

 

Interested persons may attend a public hearing regarding this rule:

3/17/2004 at 1:30 PM, Air Quality Building, 150 N 1950 W, Main Conference Room, Salt Lake City, UT

 

This rule may become effective on:

05/05/2004

 

Authorized by:

M. Cheryl Heying, Planning Branch Manager

 

 

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-415. Permits: Operating Permit Requirements.

R307-415-6c. Permit Content: Compliance Requirements.

All operating permits shall contain all of the following elements with respect to compliance:

(1) Consistent with R307-415-6a(3), compliance certification, testing, monitoring, reporting, and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the permit. Any document, including any report, required by an operating permit shall contain a certification by a responsible official that meets the requirements of R307-415-5d;

(2) Inspection and entry requirements that require that, upon presentation of credentials and other documents as may be required by law, the permittee shall allow the Executive Secretary or an authorized representative to perform any of the following:

(a) Enter upon the permittee's premises where a Part 70 source is located or emissions-related activity is conducted, or where records must be kept under the conditions of the permit;

(b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit;

(c) Inspect at reasonable times any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit;

(d) Sample or monitor at reasonable times substances or parameters for the purpose of assuring compliance with the permit or applicable requirements;

(e) Claims of confidentiality on the information obtained during an inspection shall be made pursuant to Section 19-1-306;

(3) A schedule of compliance consistent with R307-415-5c(8);

(4) Progress reports consistent with an applicable schedule of compliance and R307-415-5c(8) to be submitted semiannually, or at a more frequent period if specified in the applicable requirement or by the Executive Secretary. Such progress reports shall contain all of the following:

(a) Dates for achieving the activities, milestones, or compliance required in the schedule of compliance, and dates when such activities, milestones or compliance were achieved;

(b) An explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive or corrective measures adopted;

(5) Requirements for compliance certification with terms and conditions contained in the permit, including emission limitations, standards, or work practices. Permits shall include all of the following:

(a) Annual submission of compliance certification, or more frequently if specified in the applicable requirement or by the Executive Secretary;

(b) In accordance with R307-415-6a(3), a means for monitoring the compliance of the source with its emissions limitations, standards, and work practices;

(c) A requirement that the compliance certification include all of the following (provided that the identification of applicable information may reference the permit or previous reports, as applicable):

(i) The identification of each term or condition of the permit that is the basis of the certification;

(ii) The identification of the methods or other means used by the owner or operator for determining the compliance status with each term and condition during the certification period[, and whether such methods or other means provide continuous or intermittent data]. Such methods and other means shall include, at a minimum, the methods and means required under R307-415-6a(3)[. If necessary, the owner or operator also shall identify any other material information that must be included in the certification to comply with section 113(c)(2) of the Act, which prohibits knowingly making a false certification or omitting material information];

(iii) The status of compliance with the terms and conditions of the permit for the period covered by the certification, including whether compliance during the period was continuous or intermittent. The certification shall be based on the method or means designated in (ii) above. The certification shall identify each deviation and take it into account in the compliance certification. The certification shall also identify as possible exceptions to compliance any periods during which compliance is required and in which an excursion or exceedance as defined under 40 CFR Part 64 occurred; and

(iv) Such other facts as the executive secretary may require to determine the compliance status of the source;

(d) A requirement that all compliance certifications be submitted to the EPA as well as to the Executive Secretary;

(e) Such additional requirements as may be specified pursuant to Section 114(a)(3) of the Act, Enhanced Monitoring and Compliance Certification, and Section 504(b) of the Act, Monitoring and Analysis;

(6) Such other provisions as the Executive Secretary may require.

 

KEY: air pollution, environmental protection, operating permits, emission fees

[December 31, 2003]2004

Notice of Continuation February 9, 2004

19-2-109.1

19-2-104