No. 39554 (Amendment): Section R307-110-28. Regional Haze

(Amendment)

DAR File No.: 39554
Filed: 07/30/2015 03:41:44 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

On 06/03/2015, the Air Quality Board adopted revisions to Utah's state implementation plan (SIP) Section XX, Regional Haze. As of 07/22/2015, the SIP is pending approval from the EPA. Utah's Division of Air Quality recognizes that, historically, the EPA can more easily approve a SIP submission that contains a section known as an enforceable commitment. The enforceable commitment will ensure that emissions reductions from the closure of the Carbon Power Plant are not double counted and that the Regional Haze SIP is enforceable as a practical matter. The purpose of this rule is to incorporate the enforceable commitment section of the SIP by reference into Utah's Air Quality Rules. A public review and comment period for the enforceable commitment and the proposed amendments to Section R307-110-28 will run simultaneously. The enforceable commitment is available for public review at http://www.deq.utah.gov/NewsNotices/notices/air/Pubrule.htm.

Summary of the rule or change:

The rule is changed to incorporate the enforceable commitment found in Section XX.N of the Regional Haze SIP on the date it is adopted by the Air Quality Board. The SIP is amended to include an enforceable commitment that ensures emissions reductions from the closure of the Carbon Power Plant are not double counted and that the SIP is enforceable as a practical matter.

State statutory or constitutional authorization for this rule:

• Subsection 19-2-104

This rule or change incorporates by reference the following material:

• Updates Utah State Implementation Plan, Section XX, Regional Haze, published by Utah Division of Air Quality, 09/21/2015

Anticipated cost or savings to:

the state budget:

There are no changes in the SIP or the rule that will affect the state of Utah. Therefore, there are no anticipated costs or savings to the state budget.

local governments:

There are no changes to the SIP or the rule that affect local governments. Therefore, there are no anticipated costs or savings.

small businesses:

The enforceable commitment section ensures that the alternative to the Best Available Retrofit Technology (BART) for PacifiCorp is enforceable and that emissions are not double counted. PacifiCorp employs more than 50 people. Therefore, there are no anticipated costs or savings to small businesses.

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

The enforceable commitment section of the Regional Haze SIP merely clarifies that the SIP, as previously approved, will be enforced and implemented without double counting the emissions from the Carbon units that are being shut down. Therefore, no other persons will be affected.

Compliance costs for affected persons:

The enforceable commitment section of the Regional Haze SIP merely clarifies that the SIP, as previously approved, will be enforced and implemented without double counting the emissions from the Carbon units that are being shut down. Therefore, there are no additional compliance costs resulting from the rule or the amended SIP.

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

The enforceable commitment section of the Regional Haze SIP merely clarifies that the SIP, as previously approved, will be enforced and implemented without double counting the emissions from the Carbon units that are being shut down. Therefore, the revisions to both the rule and the SIP will not result in additional fiscal impacts on businesses.

Alan Matheson, 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:

• Ryan Stephens at the above address, by phone at 801-536-4419, 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:

09/14/2015

This rule may become effective on:

09/21/2015

Authorized by:

Bryce Bird, Director

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-110. General Requirements: State Implementation Plan.

R307-110-28. Regional Haze.

The Utah State Implementation Plan, Section XX, Regional Haze, as most recently amended by the Utah Air Quality Board on [June 3, 2015,]September xx, 2015, 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

Date of Enactment or Last Substantive Amendment: [ June 4, ]2015

Notice of Continuation: February 1, 2012

Authorizing, and Implemented or Interpreted Law: 19-2-104(3)(e)

 

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