No. 42976 (Change in Proposed Rule): Section R307-110-17. Section IX, Control Measures for Area and Point Sources, Part H, Emission Limits

DAR File No.: 42976
Filed: 10/15/2018 04:47:27 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended to change the effective date to match the anticipated Air Quality Board approval date of amendments to Section IX, Part H, of the Utah State Implementation Plan (SIP).

Summary of the rule or change:

This change in proposed rule amends the from 09/05/2018 to 01/02/2019. (EDITOR'S NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the July 1, 2018, issue of the Utah State Bulletin, on page 34. 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 CPR and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

Statutory or constitutional authorization for this rule:

• Subsection 19-2-104(1)(a)

This rule or change incorporates by reference the following material:

• Updates Utah State Implementation Plan, Emission Limits and Operating Practices, Section IX, Part H, published by Division of Air Quality, 01/02/2018

Anticipated cost or savings to:

the state budget:

Annual stack testing requirements added to Section IX, Control Measures for Area and Point Sources, Part H, Emission Limits, of the Utah State Implementation Plan will add a recurring annual cost increase of $50,000 to one state institution.

local governments:

There are no changes from the original rule proposal.

small businesses:

There are no changes from the original rule proposal.

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

There is no anticipated fiscal impact to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

The costs associated with annual stack testing of nine point sources will result in a recurring annual cost totalling $465,000. Detailed descriptions of cost are listed in individual TSD reports for each source, found at: https://deq.utah.gov/legacy/pollutants/p/particulate-matter/pm25/serious-area-state-implementation-plans/control-strategies.htm.

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

The businesses listed in Part H will have to comply with the requirements of the SIP. The costs associated with Part H will mostly be made up of equipment modifications necessary to comply with the TSD BACT analysis. These costs will vary depending on the size of the source and what equipment is needed. The requirements in Part H need to be enforceable and meet the standard of BACT.

Alan Matheson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Thomas Gunter at the above address, by phone at 801-536-4419, by FAX at , 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:

11/30/2018

This rule may become effective on:

01/03/2019

Authorized by:

Bryce Bird, Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

State Government

$50,000

$50,000

$50,000

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$415,000

$415,000

$415,000

Other Person

$0

$0

$0

Total Fiscal Costs:

$465,000

$465,000

$465,000

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

- $465,000

- $465,000

- $465,000

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are ten companies operating in Utah that will incur costs necessary to comply with the amendments to the Utah State Implementation Plan, Emission Limits and Operating Practices, Section IX, Part H. (NAICS 213112, NAICS 322121, NAICS 324110, NAICS 325188, NAICS 326199, NAICS 335991, NAICS423510, NAICS 611310) These businesses will experience a fiscal cost associated with an annual stack testing requirement that will result in a recurring $50,000 cost to the State and a recurring $415,000 cost to non-small businesses.

 

The Executive Director of the Department of Environmental Quality, Alan Matheson, has reviewed and approved this fiscal analysis.

 

**"Non - small business" means a business employing 50 or more persons; "small business" means a business employing fewer than 50 persons.

 

 

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, Emission Limits.

The Utah State Implementation Plan, Section IX, Control Measures for Area and Point Sources, Part H, Emission Limits and Operating Practices, as most recently amended by the Utah Air Quality Board on [September 5]January 2, 201[8]9, 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: [2018]2019

Notice of Continuation: January 27, 2017

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