No. 37263 (Change in Proposed Rule): Section R307-403-1. Purpose and Definitions

DAR File No.: 37263
Filed: 05/02/2013 12:23:58 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule was proposed by the Air Quality Board as part of a package that included six other rule changes. After the public comment period, two of those proposed rules, Section R307-403-2 (DAR No. 37264) and Rule R307-420 (DAR No. 37265), are undergoing substantive changes and cannot be made effective until 07/01/2013. There are no changes being proposed to this rule; however, in order for this rule to have the same effective date as the two rules that are being changed, the Division of Air Quality is filing a change in proposed rule (CPR) for this rule. (DAR NOTE: The CPR for Section R307-403-2 is under DAR No. 37264 and the CPR for Rule R307-420 is under DAR No. 37265 in this issue, June 1, 2013, of the Bulletin.)

Summary of the rule or change:

There are no changes being made to the proposed rule. This filing is being done so that this rule can be made effective on the same date as Section R307-403-2 (DAR No. 37264) and Rule R307-420 (DAR No. 37265). (DAR NOTE: This CPR has been filed to extend the time frame for the proposed amendment for this rule that was published in the March 1, 2013, issue of the Utah State Bulletin, on page 37.)

State statutory or constitutional authorization for this rule:

• Section 19-2-108
• Section 19-2-104

Anticipated cost or savings to:

the state budget:

There are no changes being made; therefore, there are no anticipated costs or savings.

local governments:

There are no changes being made; therefore, there are no anticipated costs or savings.

small businesses:

There are no changes being made; therefore, there are no anticipated costs or savings.

persons other than small businesses, businesses, or local governmental entities:

There are no changes being made; therefore, there are no anticipated costs or savings.

Compliance costs for affected persons:

There are no changes being made; therefore, there are no anticipated compliance costs for affected persons.

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

There are no changes being made; therefore, there will be no fiscal impact on businesses.

Amanda Smith, 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 QualityRoom Fourth Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Mark Berger at the above address, by phone at 801-536-4000, 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:

07/01/2013

Authorized by:

Bryce Bird, Director

RULE TEXT

DAR NOTE: No change has been proposed; see the reason under the "Reason for the Change" in the rule analysis above. To view the amended text, see the proposed amendment that was published in the March 1, 2013, issue of the Utah State Bulletin, on page 37.

 

R307. Environmental Quality, Air Quality.

R307-403. Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas.

R307-403-1. Purpose and Definitions.

(1) Purpose. This rule implements the federal nonattainment area permitting program for major sources as required by 40 CFR 51.165. In addition, the rule contains new source review provisions for some non-major sources in PM10 nonattainment areas. This rule supplements, but does not replace, the permitting requirements of R307-401.

(2) Unless otherwise specified, all references to 40 CFR in R307-403 shall mean the version that is in effect on July 1, 2012.

(3) Except as provided in R307-403-1(4), the definitions in 40 CFR 51.165(a)(1)are hereby incorporated by reference.

(4)(a) "Reviewing authority" means the director.

(b) In the definition of "regulated NSR pollutant" in 40 CFR 51.165(a)(1)(xxxvii) the following subparagraph is added to 51.165(a)(1)(xxvii)(4): "(i) Volatile organic compounds are precursors to PM2.5 and ammonia is not a precursor to PM2.5 in the Logan, Salt Lake City, and Provo PM2.5 nonattainment areas as defined in the July 1, 2010 version of 40 CFR 81.345."

(c) 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 of "major modification" in 40 CFR 51.165(a)(1)(v)(C), the second sentence in subparagraph (1);

(ii) the definition of "process unit" in 40 CFR 51.165(a)(1)(xliii);

(iii) the definition of "functionally equivalent component" in 40 CFR 51.165(a)(1)(xliv);

(iv) the definition of "fixed capital cost" in 40 CFR 51.165(a)(1)(xlv); and

(v) the definition of "total capital investment" in 40 CFR 51.165(a)(1)(xlvi).

 

KEY: air quality, nonattainment, offset

Date of Enactment or Last Substantive Amendment: 2013

Notice of Continuation: June 6, 2012

Authorizing, and Implemented or Interpreted Law: 19-2-104; 19-2-108