No. 27769: R307-110-17. Section IX, Control Measures for Area and Point Sources, Part H, Emission Limits

DAR File No.: 27769
Filed: 07/12/2005, 10:05
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section R307-110-17 incorporates by reference emission limits for specific sources of air pollution in Salt Lake and Utah Counties; these limits are required by the PM10 Plan that is incorporated by reference by Section R307-110-10. The purpose of this change is to revise the emission limits in response to public comments. (See separate filing on Section R307-110-10 in this issue.) (DAR NOTE: The change in proposed rule (CPR) for Section R307-110-10 is under DAR No. 27768 in this issue.)

 

Summary of the rule or change:

There is no change in Section R307-110-17; all changes are in the emission limits that are incorporated by reference by Section R307-110-17. The emission limits are required by the PM10 State Implementation Plan (SIP) that is incorporated by reference by Section R307-110-10; changes are made in response to public comments. The plan has been in place since 1991, and the emission limits meet the requirement of Section 189(a)(1)(A) of the Clean Air Act that reasonably available control measures (RACM) must be applied to sources within Salt Lake and Utah Counties. The present emission limits represent a new determination of RACM for those areas. Provisions are added in the general requirements controlling fugitive dust, the emission limits for specific sources are re-ordered to separate those located in Salt Lake County from those in Utah County, and changes in the emission limits for some sources clarify the original language. For the refineries and for Kennecott, there are specific changes. The proposed emission limits required refineries to achieve an opacity of 20% as measured by EPA Method 9, or 30% if measured with a continuous opacity monitor; the revised limits require 20% with Method 9. For Kennecott, the emission limits for the concentrator are removed from the Plan because the rotary kiln, to which the limits applied, is no longer in use, and improved processes will reduce emissions. The proposal for Kennecott's tailings impoundments incorporated by reference Kennecott's Operating Permit issued under Rule R307-415 (40 CFR Part 70); the revised emission limits are spelled out in detail but are similar to those in the Operating Permit. Finally, the emission limits for the Kennecott smelter are reduced significantly to reflect the limits included in Kennecott's approval order under Rule R307-401. The full text of the existing emission limits, as well as the Summary of Comments and Responses and the proposed changes in the text of Section IX.H, are available at http://airquality.utah.gov/SIP/PM10SIP/index.htm. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the April 1, 2005, issue of the Utah State Bulletin, on page 7. 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(3)(e)

 

This rule or change incorporates by reference the following material:

State Implementation Plan Section IX, Control Measures for Area and Point Sources, Part H, Emission Limits, adopted July 6, 2005

 

Anticipated cost or savings to:

the state budget:

Provisions of the emission limits have been clarified, but there are no changes in costs to the state budget as a result of the clarification.

 

local governments:

There is no change in costs for local governments, because there is no change in the emission limits for sources owned by local governments.

 

other persons:

Some changes in language merely clarify the provisions and thus do not change the costs or benefits for the sources; other changes are to include conditions already in the sources' permits and thus do not change the costs to the sources. However, some changes in the document may change costs to the sources. For the refineries, the proposed emission limits required achieving an opacity of 20% as measured by EPA Method 9, or 30% if measured with a continuous opacity monitor; the revised limits require 20% with Method 9. However, this change will not impose new costs, as this opacity limit and test method have been applicable to refineries for many years. Kennecott has made the decision to remove the regulated equipment at its concentrator, and thus no change in cost is imposed by removing the concentrator from the emission limits document. The proposed emission limits for Kennecott's tailings impoundments were those included in the Operating Permit issued under Rule R307-415 (40 CFR Part 70); the revised limits are those included in the approval order issued under Rule R307-401 and are quite similar. Because the limits already are in the Approval Order for the source, there is no additional cost to the source by including them in the emissions limits. The emission limits for Kennecott's smelter are reduced significantly in the emission limits document, but the new limits reflect Kennecott's current approval order issued under Rule R307-401, and thus there is no change in costs for the company.

 

Compliance costs for affected persons:

Some changes in language merely clarify the provisions and thus do not change the costs or benefits for the sources; other changes are to include conditions already in the sources' permits and thus do not change the costs to the sources. However, some changes in the document may change costs to the sources. For the refineries, the proposed emission limits required achieving an opacity of 20% as measured by EPA Method 9, or 30% if measured with a continuous opacity monitor; the revised limits require 20% with Method 9. However, this change will not impose new costs, as this opacity limit and test method have been applicable to refineries for many years. Kennecott has made the decision to remove the regulated equipment at its concentrator, and thus no change in cost is imposed by removing the concentrator from the emission limits document. The proposed emission limits for Kennecott's tailings impoundments were those included in the Operating Permit issued under Rule R307-415 (40 CFR Part 70); the revised limits are those included in the approval order issued under Rule R307-401 and are quite similar. Because the limits already are in the Approval Order for the source, there is no additional cost to the source by including them in the emissions limits. The emission limits for Kennecott's smelter are reduced significantly in the emission limits document, but the new limits reflect Kennecott's current approval order issued under Rule R307-401, and thus there is no change in costs for the company.

 

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

In response to public comments, components of the emission limits have been expanded and clarified, but there are no changes that will cause increased costs for the 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:

Jan Miller at the above address, by phone at 801-536-4042, by FAX at 801-536-4099, 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:

08/31/2005

 

This rule may become effective on:

09/02/2005

 

Authorized by:

M. Cheryl Heying, Planning Branch Manager

 

 

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-110. General Requirements: State Implementation Plan.

R307-110-17. Section IX, Control Measures for Area and Point Sources, Part H, Emissions Limits.

The Utah State Implementation Plan, Section IX, Control Measures for Area and Point Sources, Part H, Emissions Limits, as most recently amended by the Utah Air Quality Board on July 6, 2005, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

KEY: air pollution, PM10, PM2.5, ozone

September 2, 2005

Notice of Continuation March 27, 2002

19-2-104(3)(e)