No. 29796 (Amendment): R307-405. Permits: Major Sources in Attainment or Unclassified Areas (PSD)

DAR File No.: 29796
Filed: 04/05/2007, 08:50
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The federal Prevention of Significant Deterioration (PSD) permitting program in 40 CFR 52.21 is incorporated by reference into Rule R307-405. The purpose of the change is to update the incorporation by reference to the most recent version of the CFR, dated 07/01/2006. In addition, there are a number of other changes to the rule text that are required because of the change in the incorporation date.

Summary of the rule or change:

The federal Prevention of Significant Deterioration (PSD) permitting program in 40 CFR 52.21 is incorporated by reference into Rule R307-405. The attached rule change updates the incorporation by reference to the most recent version of the CFR, dated 07/01/2006. The following updates to 40 CFR 52.21 will be included: 1) on 11/29/2005, the Environmental Protection Agency (EPA) finalized rules to implement the 8-hour ozone National Ambient Air Quality Standard. As part of this rulemaking, EPA made minor changes to the federal PSD rules to add NOx as a precursor to ozone; 2) a minor correction to 52.21 was published in the Federal Register on 06/22/2005 to remove paragraphs (b)(2)(iii)(h)(1) and (2). These paragraphs were not previously incorporated into Rule R307-405 so this change has no practical effect in Utah. There are a number of other changes to the rule text that are required because of the change in the incorporation date. These changes are nonsubstantive; 3) on 10/27/2003, EPA promulgated the Equipment Replacement Provision of the Routine Maintenance, Repair and Replacement Exclusion. On 03/17/2006 the DC Circuit Court of Appeals vacated these new provisions. The incorporated text in Rule R307-405 has been modified to remove the provisions that were vacated by the DC Court of Appeals. This is nonsubstantive change because Utah's PSD rule was based on an earlier version of the federal rule and therefore, did not contain the Equipment Replacement Provisions; 4) the incorporation by reference of the definitions of "emissions unit" and "replacement unit", effective 01/06/2004 is no longer required as a separate incorporation because these definitions are included in the 07/01/2006 version of the federal rule. In addition, paragraph 40 CFR 52.21(aa)(6)(ii) that was added in the 01/06/2004 version of the CFR does not need to be incorporated separately from the rest of section (aa); and 5) a numbering error in Section R307-405-3 was corrected by moving the definition of "air quality related values" to become paragraph (3) instead of paragraph (2).

State statutory or constitutional authorization for this rule:

Section 19-2-104

This rule or change incorporates by reference the following material:

40 CFR 52.21, July 1, 2006, and 40 CFR 51.166, March 17, 2006

Anticipated cost or savings to:

the state budget:

No costs or savings are expected because the cost of Air Quality's activities in issuing approval orders under Rule R307-405 is covered by fees paid by the sources.

local governments:

Because the amendment does not create new requirements for sources owned or operated by local government, no change in costs is expected for other persons.

other persons:

There is no change in costs for other persons, because NO2 is already a PSD pollutant and NO2 is typically measured as NOx. Further, it is not anticipated that any additional sources will be regulated due to this change in applicability.

Compliance costs for affected persons:

There is no change in costs for affected persons, because NO2 is already a PSD pollutant and NO2 is typically measured as NOx. Further, it is not anticipated that any additional sources will be regulated due to this change in applicability.

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

No change in costs is expected for businesses, because NO2 is already a PSD pollutant and NO2 is typically measured as NOx. Further, it is not anticipated that any additional sources will be regulated due to this change in applicability. 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:

05/31/2007

Interested persons may attend a public hearing regarding this rule:

5/23/2007 at 2:00 PM, DEQ Bldg, 150 N 1950 W, Main Conference Room, Salt Lake City, UT

This rule may become effective on:

07/09/2007

Authorized by:

M. Cheryl Heying, Planning Branch Manager

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-405. Permits: Major Sources in Attainment or Unclassified Areas (PSD).

R307-405-1. Purpose.

This rule implements the federal Prevention of Significant Deterioration (PSD) permitting program for major sources and major modifications in attainment areas and maintenance areas as required by 40 CFR 51.166. This rule does not include the routine maintenance, repair and replacement provisions that were [stayed]vacated by the DC Circuit Court of Appeals on [December 23, 2003, pending appeal]March 17, 2006. This rule does not include the clean unit and pollution control project provisions that were vacated by the DC Circuit Court of Appeals on June 24, 2005. This rule supplements, but does not replace, the permitting requirements of R307-401.

 

R307-405-2. Applicability.

(1) Except as provided in (2), the provisions of 40 CFR 52.21(a)(2), effective [March 3, 2003]July 1, 2006, are hereby incorporated by reference.

(2) The following provisions that apply to clean units and pollution control projects are not incorporated because these provisions were vacated by the DC Court of Appeals on June 24, 2005:

(a) [The provisions in ]40 CFR 52.21(a)(2)(iv)(e)[ are not incorporated by reference.],

(b) [T]the last sentence in 40 CFR 52.21(a)(2)(iv)(f)[ is not incorporated by reference.], and

(c) [The provisions in ]40 CFR 52.21(a)(2)(vi)[ are not incorporated by reference].

(3) Notwithstanding the exemptions in R307-401, any source that is subject to R307-405 is subject to the requirement to obtain an approval order in R307-401-5 through 8.

 

R307-405-3. Definitions.

(1) Except as provided in (2)below, the definitions contained in 40 CFR 52.21(b), effective [March 3, 2003]July 1, 2006, are hereby incorporated by reference.

(2)[ "Air Quality Related Values," as used in analyses under 40 CFR 52.21(p) that is incorporated by reference in R307-405-17, means those special attributes of a Class I area, assigned by a federal land manager, that are adversely affected by air quality.

(3)](a)(i) "Major Source Baseline Date" means:

(A) in the case of particulate matter:

(I) for Davis, Salt Lake, Utah and Weber Counties, the date that EPA approves the PM10 maintenance plan that was adopted by the Board on July 6, 2005;

(II) for all other areas of the State, January 6, 1975;

(B) in the case of sulfur dioxide:

(I) for Salt Lake County, the date that EPA approves the sulfur dioxide maintenance plan that was adopted by the Board on January 5, 2005;

(II) for all other areas of the State, January 6, 1975; and

(C) in the case of nitrogen dioxide, February 8, 1988.

(ii) "Minor Source Baseline Date" means the earliest date after the trigger date on which a major stationary source or a major modification subject to 40 CFR 52.21 or R307-405 submits a complete application under the relevant regulations. The trigger date is:

(A) In the case of particulate matter and sulfur dioxide, August 7, 1977, and

(B) in the case of nitrogen dioxide, February 8, 1988.

(iii) The baseline date is established for each pollutant for which increments or other equivalent measures have been established if:

(A) the area in which the proposed source or modification would construct is designated as attainment or unclassifiable under section 107(d)(i)(D) or (E) of the Act for the pollutant on the date of its complete application under 40 CFR 52.21 or R307-405; and

(B) in the case of a major stationary source, the pollutant would be emitted in significant amounts, or, in the case of a major modification, there would be a significant net emissions increase of the pollutant.

(iv) Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments, except that the executive secretary shall rescind a minor source baseline date where it can be shown, to the satisfaction of the executive secretary, that the emissions increase from the major stationary source, or net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PM10 emissions.

(b) In the definition of "baseline area" in 40 CFR 52.21(b)(15)(ii)(b) insert the words "or R307-405" after "Is subject to 40 CFR 52.21".

(c) "Reviewing Authority" means the executive secretary.

(d)(i) The term "Administrator" shall be changed to "executive secretary" throughout R307-405, except as provided in (ii).

(ii) The term "Administrator" shall be changed to "EPA Administrator" in the following incorporated sections:

(A) 40 CFR 52.21(b)(17),

(B) 40 CFR 52.21(b)(37)(i),

(C) 40 CFR 52.21(b)(43),

(D) 40 CFR 52.21(b)(48)(ii)(c),

(E) 40 CFR 52.21(b)(50)(i),

(F) 40 CFR 52.21(l)(2),

(G) 40 CFR 52.21(p)(2), and

(H) 40 CFR 51.166(q)(2)(iv).

(e) [The definition of "emissions unit" in 40 CFR 52.21(b)(7), effective January 6, 2004, is hereby incorporated by reference.

(f) The definition of "replacement unit" in 40 CFR 52.21(b)(33), effective January 6, 2004, is hereby incorporated by reference.

(g) ]The following [paragraphs]definitions or portions of definitions that [refer]apply to clean units and pollution control projects are not incorporated [by reference]because these provisions were vacated by the DC Court of Appeals on June 24, 2005:

(i) in the definition of "major modification" in 40 CFR 52.21(b)(2), subparagraph (iii)(h),

(ii) in the definition of "net emissions increase" in 40 CFR 52.21(b)(3), subparagraph (iii)(b),

(iii) in the definition of "net emissions increase" in 40 CFR 52.21(b)(3), subparagraph (vi)(d),

(iv) the definition of "pollution control project" in 40 CFR 52.21(b)(32), and

(v) the definition of "clean unit" in 40 CFR 52.21(b)(42).

(f) The following definitions or portions of definitions that apply to the equipment repair and replacement provisions are not incorporated because these provisions were vacated by the DC Circuit Court of Appeals on March 17, 2006:

(i) in the definition major modification in 40 CFR 52.21(b)(2), the second sentence in subparagraph (iii)(a),

(ii) the definition of "process unit" in 40 CFR 52.21(b)(55),

(iii) the definition of "functionally equivalent component" in 40 CFR 52.21(b)(56),

(iv) the definition of "fixed capital cost" in 40 CFR 52.21 (b)(57), and

(v) the definition of "total capital investment" in 40 CFR 52.21(b)(58).

(3) "Air Quality Related Values," as used in analyses under 40 CFR 52.21 (p) that is incorporated by reference in R307-405-17, means those special attributes of a Class I area, assigned by a federal land manager, that are adversely affected by air quality.

(4) "Heat input" means heat input as defined in 40 CFR 52.01(g).

(5) "Title V permit" means any permit or group of permits covering a Part 70 source that is issued, renewed, amended, or revised pursuant to R307-415.

(6) "Title V Operating Permit Program" means R307-415.

(7) The definition of "Good Engineering Practice (GEP) Stack Height" as defined in R307-410 shall apply in this rule.

(8) The definition of "Dispersion Technique" as defined in R307-410 shall apply in this rule.

 

R307-405-5. Area Redesignation.

Any person may petition the Board to change the classification of an area designated under R307-405-4, except for mandatory Class I areas designated under R307-405-4(1).

(1) The petition shall contain a discussion of the reasons for the proposed redesignation, including a satisfactory description and analysis of the health, environmental, economic and social and energy effects of the proposed redesignation.

(2) The petition shall contain a demonstration that the proposed redesignation meets the criteria outlined in Section VIII of the State Implementation Plan and 40 CFR 51.166(e) and (g) effective July 1, 2006, that is hereby incorporated by reference.

 

R307-405-6. Ambient Air Increments.

The provisions of 40 CFR 52.21(c), effective [March 3, 2003]July 1, 2006, are hereby incorporated by reference.

 

R307-405-7. Ambient Air Ceilings.

The provisions of 40 CFR 52.21(d), effective [March 3, 2003]July 1, 2006, are hereby incorporated by reference.

 

R307-405-9. Stack Heights.

The provisions of 40 CFR 52.21(h), effective [March 3, 2003]July 1, 2006, are hereby incorporated by reference.

 

R307-405-10. Exemptions.

(1) The provisions of 40 CFR 52.21(i)(1)(vi) through (viii), effective [March 3, 2003]July 1, 2006, are hereby incorporated by reference.

(2) The provisions of 40 CFR 52.21(i)(2) through (5), effective [March 3, 2003]July 1, 2006, are hereby incorporated by reference.

 

R307-405-11 Control Technology Review.

The provisions of 40 CFR 52.21(j), effective [March 3, 2003]July 1, 2006, are hereby incorporated by reference.

 

R307-405-12. Source Impact Analysis.

The provisions of 40 CFR 52.21(k), effective [March 3, 2003]July 1, 2006, are hereby incorporated by reference.

 

R307-405-13. Air Quality Models.

The provisions of 40 CFR 52.21(l), effective [March 3, 2003]July 1, 2006, are hereby incorporated by reference.

 

R307-405-14. Air Quality Analysis.

(1) The provisions of 40 CFR 52.21(m)(1)(i) through (iv), (vi), and (viii), effective [March 3, 2003]July 1, 2006, are hereby incorporated by reference.

(2) The provisions of 40 CFR 52.21(m)(2) and (3), effective [March 3, 2003]July 1, 2006, are hereby incorporated by reference.

 

R307-405-15. Source Information.

The provisions of 40 CFR 52.21(n), effective [March 3, 2003]July 1, 2006, are hereby incorporated by reference.

 

R307-405-16. Additional Impact Analysis.

The provisions of 40 CFR 52.21(o), effective [March 3, 2003]July 1, 2006, are hereby incorporated by reference.

 

R307-405-17. Sources Impacting Federal Class I Areas: Additional Requirements.

(1) The provisions of 40 CFR 52.21(p), effective [March 3, 2003]July 1, 2006, are hereby incorporated by reference.

(2) The executive secretary will transmit to the EPA Administrator a copy of each permit application relating to a major stationary source or major modification and provide notice to the EPA Administrator of every action related to the consideration of such permit.

 

R307-405-18. Public Participation.

(1) Except as provided in (2), the provisions of 40 CFR 51.166(q)(1) and (2), effective [March 3, 2003]July 1, 2006, are hereby incorporated by reference.

(2) The phrase "within a specified time period" in 40 CFR 51.166(q)(1) shall be replaced with the phrase "within 30 days of receipt of the PSD permit application".

 

R307-405-19. Source Obligation.

(1) Except as provided in (2) below, the provisions of 40 CFR 52.21(r), effective [March 3, 2003]July 1, 2006, are hereby incorporated by reference.

(2) The parenthetical phrase in the first sentence in 40 CFR 52.21(r)(6) shall be changed to read "(other than projects at a source with a PAL)."

 

R307-405-20. Innovative Control Technology.

(1) Except as provided in (2), the provisions of 40 CFR 52.21(v), effective [March 3, 2003]July 1, 2006, are hereby incorporated by reference.

(2)(a) The reference to "40 CFR 124.10" in 40 CFR 52.21(v)(1) shall be changed to "R307-405-18".

(b) 40 CFR 52.21(v)(2) shall be changed to read "The executive secretary shall, with the consent of the governors of other affected states, determine that the source or modification may employ a system of innovative control technology, if:".

 

R307-405-21. Actuals PALs.

(1) Except as provided in [(3)](2), the provisions of 40 CFR 52.21(aa)[(1) through (5) and (7) through (15)], effective [March 3, 2003]July 1, 2006, are hereby incorporated by reference.

(2)[ The provisions of 40 CFR 52.21(aa)(6), effective January 6, 2004, are hereby incorporated by reference.

(3)](a) The reference to "51.165(a)(3)(ii) of this chapter" in 40 CFR 52.21(aa)(4)(ii) shall be changed to "R307-403".

(b) The reference to "51.165(a)(3)(ii) of this chapter" in 40 CFR 52.21(aa)(8)(ii)(2) shall be changed to "R307-403".

(c) The references to "70.6(a)(3)(iii)(B) of this chapter" in 40 CFR 52.21(aa)(14)(ii) shall be changed to "R307-415-6a(3)(c)(ii)".

(d) The date of "March 3, 2003" in 40 CFR 52.21(aa)(15)(i) and (ii) shall be changed to ["the effective date of this rule"]"June 16, 2006".

 

KEY: air pollution, PSD, Class I area

Date of Enactment or Last Substantive Amendment: [June 16, 2006]2007

Notice of Continuation: June 16, 2006

Authorizing, and Implemented or Interpreted Law: 19-2-104