No. 28818: R307-410. Permits: Emission Impact Analysis

DAR File No.: 28818
Filed: 06/16/2006, 07:31
Received by: NL

 

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 19-2-104(1) states that the Air Quality Board may make rules "(a) regarding the control, abatement, and prevention of air pollution from all sources..." Rule R307-410 establishes procedures and requirements for evaluating the expected impact of emissions from new or modified sources that require an approval order under Rule R307-401. Rule R307-410 also establishes the procedures and requirements for evaluating the impact of emissions of hazardous air pollutants. These evaluations help to determine the control requirements necessary to attain and maintain the federal health standards for air quality.

 

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Written comments were received only when Rule R307-410 was amended. Rule R307-410 was amended once under DAR No. 28323, published 12/01/2005. COMMENT: Rule R307-410 establishes modeling thresholds that are based on the federal rules. These rules do not adequately address Utah's airsheds that are bounded by mountains and subject to persistent inversions. The U.S. standard for NOx is an annual standard, but other nations set shorter-term standards. Shorter-term NOx standards are important in Utah because NOx is a precursor to ozone and PM2.5. Permitting actions allow high short term NOx averages because the annual average does not meet the threshold level. The rule would be more effective if the threshold was based on a shorter averaging period. RESPONSE: The modeling thresholds in Rule R307-410 are based on the federal significance level that was established in the Prevention of Significant Deterioration (PSD) program. Unlike the PSD program, the thresholds apply to all sources, not just major sources. The threshold level for NOx is 40 tons/year. The Division of Air Quality (DAQ) has found that the current thresholds have worked well to identify sources that would likely affect National Ambient Air Quality Standards (NAAQS) levels in areas close to the source. The threshold level determines when a source is required to submit a modeling analysis with the Notice of Intent to Construct. If the executive secretary has reason to believe that a source that falls below the threshold will be a problem, then modeling can be completed in-house. In all cases, the executive secretary cannot issue an approval order if it causes a violation of the federal health standard. Ozone and PM2.5 problems in Utah are primarily due to the reactions of precursor emissions. Current permitting models are not effective to determine the effect of a source of NOx on either ozone or PM2.5. For this reason, Utah has adopted an emissions offset program for NOx that applies in nonattainment and maintenance areas for ozone and PM2.5. This program has been an effective mechanism for addressing the impact of new and modified sources of NOx.

 

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Rule R307-410 is necessary and should be continued so that sources of air pollution know the requirements that apply to them as they prepare applications to construct or modify their installations.

 

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 801-536-0085, or by Internet E-mail at [e-mail]

 

Authorized by:

M. Cheryl Heying, Planning Branch Manager