No. 27768 (Amendment): R307-110-10. Section IX, Control Measures for Area and Point Sources, Part A, Fine Particulate Matter

DAR File No.: 27768
Filed: 03/15/2005, 04:25
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to add a new Subsection IX.A.10 to the PM10 state implementation plan that is incorporated by reference by Section R307-110-10 (see separate filings on Section R307-110-17 and other rules in this issue.) (DAR NOTE: The other filings that are affected by this rule change are: the proposed amendment to Section R307-101-2 under DAR No. 27755, the proposed amendment to Rule R307-165 under DAR No. 27756, the proposed amendment to Rule R307-201 under DAR No. 27757, the proposed new Rule R307-207 under DAR No. 27760, the proposed amendment to Rule R307-302 under DAR No. 27761, the proposed amendment to Rule R307-305 under DAR No. 27762, the proposed new Rule R307-306 under DAR No. 27763, the proposed amendment to Rule R307-205 under DAR No. 27764, the proposed amendment to Rule R307-309 under DAR No. 27765, the proposed amendment to Section R307-310-5 under DAR No. 27766, the proposed new Rule R307-421 under DAR No. 27767, and the proposed amendment to Section R307-110-17 under DAR No. 27769 all in this issue.)

 

Summary of the rule or change:

This amendment revises Section R307-110-10 to change the date of last adoption by the Air Quality Board, and adds a new Subsection IX.A.10 to the PM10 state implementation plan that is incorporated by reference by Section R307-110-10. The measures in the original PM10 plan adopted in 1991 brought all areas of the state into compliance; there have been no violations since 1995 in Salt Lake County, and since 1996 in Utah County. The new subsection is a maintenance plan demonstrating that there will be no violations in Utah through 2017. In addition, the new subsection proposes two alternative sets of motor vehicle emissions budgets for PM10 for Salt Lake County, Utah County, and Ogden City; the Air Quality Board seeks comment on whether a part of the safety margin should be allocated to the Motor Vehicle Emission Budget or retained by the Board. As proposed, the document includes language to implement either alternative, and the Board seeks comment on which alternative should be included in the final Plan. The plan makes no changes in the measures already in place to control emissions from industrial sources; the only other change is to add residential woodburning controls in northern Davis County and Weber County west of the Wasatch Mountain range where voluntary controls have been in place since 1992. Utah will seek redesignation of Salt Lake and Utah Counties and Ogden City from nonattainment to attainment of the PM10 health standard following the final adoption of the plan. The full text of the existing PM10 plan, as well as the proposed addition, are available at http://airquality.utah.gov/SIP/PM10SIP/index.htm.

 

State statutory or constitutional authorization for this rule:

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

 

This rule or change incorporates by reference the following material:

State Implementation Plan Section IX, Control Measures for Area and Point Sources, Part A.10, PM10 Maintenance Provisions for Salt Lake and Utah Counties and Ogden City

 

Anticipated cost or savings to:

the state budget:

The only change in control measures is to add residential woodburning controls in Northern Davis County and Weber County west of the Wasatch Mountain range. Little new cost is expected to result, as compliance is already high with the voluntary program instituted in those areas in 1992.

 

local governments:

The only change in control measures is to add residential woodburning controls in Northern Davis County and Weber County west of the Wasatch Mountain range. No new costs are expected to result, as compliance is already high with the voluntary program instituted in those areas in 1992.

 

other persons:

Redesignation of these areas from nonattainment to attainment will result in different permitting requirements for large sources. It is difficult to estimate the costs and benefits for individual companies seeking a permit because they will vary by company. A company modifying its existing operation or building a new one may save because the company will be required to install Best Available Control Technology (BACT), not the more stringent technology needed to achieve the Lowest Achievable Emission Rate (LAER). Also, the company would need to purchase offset credits (under the new Rule R307-421) only for nitrogen oxides and sulfur dioxide, but not for PM10 as is required under the current Plan. The Plan institutes woodburning controls on residential fireplaces and woodstoves in Northern Davis county and Weber County west of the Wasatch Mountain range, but no change in costs are expected, as those areas have had a voluntary woodburning program since 1992 and compliance has been high.

 

Compliance costs for affected persons:

Redesignation of these areas from nonattainment to attainment will result in different permitting requirements for large sources. It is difficult to estimate the costs and benefits for individual companies seeking a permit because they will vary by company. A company modifying its existing operation or building a new one may save, because the company will be required to install Best Available Control Technology (BACT), not the more stringent technology needed to achieve the Lowest Achievable Emission Rate (LAER). Also, the company would need to purchase offset credits (under the new Rule R307-421) only for nitrogen oxides and sulfur dioxide, but not for PM10, as is required under the current Plan. The Plan institutes woodburning controls on residential fireplaces and woodstoves in Northern Davis county and Weber County west of the Wasatch Mountain range, but no change in costs are expected, as those areas have had a voluntary woodburning program since 1992 and compliance has been high.

 

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

There have been no violations of the PM10 health standard in Utah since 1996, and none are expected in the future. The control measures in the original PM10 SIP in 1990 required substantial reductions in emissions, and those reductions brought us into compliance with the health standard by 1996. We have maintained the health standard even in the face of rapid growth in population, vehicle travel, and industrial expansion. This new plan demonstrates that further growth in years to come will not bring violations of the health standard, and changes in costs for businesses are minimal. 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 801-536-4099, 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:

05/02/2005

 

Interested persons may attend a public hearing regarding this rule:

4/19/2005 at 10:00 AM, DEQ Bldg, 168 N 1950 W, Room 101, Salt Lake City, UT; 4/20/2005 at 1:30 PM, Utah County Administration Bldg, 100 E Center Street, Suite 2300, Provo, UT; and 4/21/2005 at 6:00 PM, Weber County Bldg, 2380 Washington Blvd, Breakout Room, Ogden, UT

 

This rule may become effective on:

07/30/2005

 

Authorized by:

M. Cheryl Heying, Planning Branch Manager

 

 

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-110. General Requirements: State Implementation Plan.

R307-110-10. Section IX, Control Measures for Area and Point Sources, Part A, Fine Particulate Matter.

The Utah State Implementation Plan, Section IX, Control Measures for Area and Point Sources, Part A, Fine Particulate Matter, as most recently amended by the Utah Air Quality Board on [July 3, 2002]July 6, 2005, 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

[January 4,] 2005

Notice of Continuation March 27, 2002

19-2-104(3)(e)