No. 29231: R307-424. Permits: Mercury Requirements for Electric Generating Units

DAR File No.: 29231
Filed: 03/14/2007, 04:07
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to make changes to provisions of Rule R307-424 in response to public comments.

Summary of the rule or change:

In response to public comment, the Air Quality Board made the following revisions to Rule R307-424: 1) the Board removed provisions in Subsection R307-424-3(3) that potentially allowed credits to be generated by units outside of Air Quality's jurisdiction; 2) for the purpose of establishing offset credits to be used in subsequent permitting actions, it was recommended that the rule should establish a baseline date. As such, the Board made changes in Subsection R307-424-3(6) to set a baseline date as 12/31/1999; 3) the Board clarified language in Subsection R307-424-4(3) regarding the circumstances under which the owner or operator of an electric generating units could petition the executive secretary for an alternate compliance limit; and 4) the Board clarified the process involved in petitioning the executive secretary for an alternate compliance limit under Section R307-424-4; therefore, additional language was added in Subsections (a) and (b) to establish criteria by which such a petition might be evaluated. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the December 1, 2006, issue of the Utah State Bulletin, on page 15. 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 new rule 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)

Anticipated cost or savings to:

the state budget:

Because this revision does not create any new requirements, no change in costs is expected to the state budget.

local governments:

Because this revision does not create any new requirements, no change in costs is expected for local governments.

other persons:

Because this revision does not create any new requirements, no change in costs is expected for other persons.

Compliance costs for affected persons:

Because this revision does not create any new requirements, no change in costs is expected for affected persons.

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

Because this revision does not create new requirements, no change to costs is expected for businesses. 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.

R307-424. Permits: Mercury Requirements for Electric Generating Units.

 

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R307-424-3. Offset Requirement: Mercury.

Sources meeting the applicability requirements of R307-424-1 above and making application for an approval order under R307-401 shall, in addition to any other requirement for obtaining such approval order, obtain an enforceable offset for any potential increase in mercury emissions in accordance with the following:

(1) The permitted increase in mercury emissions, considering the application of any control method or device, shall be offset by mercury emission credits at a ratio of 1 to 1.1 respectively.

(2) The averaging period for such determinations shall be a 12-month period.

(3) Mercury emission credits must be obtained from an EGU located within the State of Utah, excluding[including] any EGU located on Indian lands within the State.

(4) To preserve reductions in mercury emissions as credits for use in offsetting potential increases, the executive secretary must identify such credits in an order issued pursuant to R307- 401 and shall provide a registry to identify the person, private entity or governmental authority that has the right to use or allocate the banked emission reduction credits, and to record any transfers of, or liens on, these rights.

(5) Any emission offsets shall be enforceable by the time a new or modified source commences construction, and, by the time a new or modified source commences operation, any emission offsets shall be in effect and enforceable.

(6) The quantity of mercury emission reductions to be used for credit will be determined in accordance with 40 CFR part 75, or will be based on the best available data reported to the executive secretary. To the extent that the EGU has been subject to the requirements of part 75, mercury emissions data shall be the average of the 3 highest annual amounts over the most recent 5-year period. Mercury emission reductions made prior to December 31, 1999 shall not be creditable for such purpose.

(7) R307-424-3 shall not apply to any EGU for which a valid approval order was issued prior to November 17, 2006.

 

R307-424-4. Emission Rates.

(1) By no later than December 31, 2012, the owner or operator of any EGU with an input heat capacity in excess of 1,500 MMbtu per hour and having commenced operations prior to November 17, 2006, shall demonstrate compliance with at least one of the following:

(a) A maximum emission rate of 6.50 X 10^-7 pounds mercury per million btu heat input; or

(b) A minimum of 90% control of total mercury emissions.

(2) Compliance with (1) above shall be based on an annual averaging period beginning January 1 and ending December 31.

(a) Beginning January 1, 2013, compliance shall be determined using the monitoring and recordkeeping requirements incorporated under R307-224-2. Upon completion of each year's fourth quarterly report, an assessment shall be made for the entire calendar year and reported to the executive secretary within 30 days.

(b) Where it is necessary to determine the mercury content of the coal or coals burned, the owner or operator shall use the appropriate ASTM method, and shall measure at least one representative sample each month. Records of such testing shall be kept for a period of at least five years, and shall be made available to the executive secretary upon request.

(3) Should an EGU be unable to achieve the maximum emission rate or the minimum control efficiency described in[found in noncompliance with] (1) above, despite proper[ly] operation of[ng] the unit in conjunction with a baghouse as well as wet or dry flue gas de-sulfurization, the owner or operator may petition the executive secretary for a modification to the compliance limitation for the unit[limits therein] in accordance with R307-401.

(a) Such petition shall be received no later than the date upon which the compliance assessment required under (2)(a) above is due.

(b) Any such determination by the executive secretary will be made on a case-by-case basis, taking into consideration energy, environmental and economic impacts and other costs. It will be based on the best information and analytical techniques available.

 

KEY: air pollution, electric generating unit, mercury

Date of Enactment or Last Substantive Amendment: 2007

Authorizing, Implemented, or Interpreted Law: 19-2-101; 19-2-104(1)(a); 19-2-104(3)(e); 40 CFR 60.24