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

DAR File No.: 29229
Filed: 03/14/2007, 04:06
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section R307-220-5 incorporates by reference the new designated facilities plan for Mercury Emissions at Coal-Fired Electric Generating Units. The purpose of this change is to revise the plan in response to public comments, and update the adoption date of the plan.

Summary of the rule or change:

In response to public comments, the Utah Air Quality Board made the following changes to the designated facilities plan for Mercury Emissions at Coal-Fired Electric Generating Units: 1) the Board changed the re-evaluation of the basis for allowance distribution in Section 3(e)(i) from once every year to once every five years. This provides sources with a longer planning horizon and potentially reduces the necessary paperwork; 2) a typographical error was corrected in Section 3(e)(ii)(C); and 3) the adoption date of the plan was updated. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the December 1, 2006, issue of the Utah State Bulletin, on page 12. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

Subsection 19-2-104(1)(h)

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, March 14, 2007

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:

Some costs savings may occur because of the change in Section 3(e)(i); however, the amount is unknown and is excepted to be minimal. Other changes are not expected to change costs for local government, because the changes do not create any new requirements.

other persons:

Some costs savings may occur because of the change in Section 3(e)(i); however, the amount is unknown and is excepted to be minimal. Other changes are not expected to change costs for other persons, because the changes do not create any new requirements.

Compliance costs for affected persons:

Some costs savings may occur because of the change in Section 3(e)(i); however, the amount is unknown and is excepted to be minimal. Other changes are not expected to change costs for affected persons, because the changes do not create any new requirements.

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

Some costs savings may occur because of the change in Section 3(e)(i); however, the amount is unknown and is excepted to be minimal. Other changes are not expected to change costs for businesses, because the changes do not create any new requirements. 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:

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:

This rule may become effective on:

05/09/2007

Authorized by:

M. Cheryl Heying, Planning Branch Manager

RULE TEXT

R307. Environmental Quality, Air Quality.

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

 

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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]March 14, 2007, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

KEY: air pollution, landfills, incinerators, electric generating units

Date of Enactment or Last Substantive Amendment: 2007

Notice of Continuation: March 26, 2002

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