No. 43588 (Amendment): Section R307-150-3. Applicability

(Amendment)

DAR File No.: 43588
Filed: 03/15/2019 01:32:57 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Utah's Regional Haze State Implementation Plan (SIP) contains sulfur dioxide (SO2) milestones that are based on 2006 SO2 emissions from power plants. To ensure that SO2 emission reductions are occurring, Rule R307-150 requires power plants to report their annual SO2 emissions. In 2015, the Air Quality Board approved a SIP revision with an alternative to Basic Available Retrofit Technology (BART) for NOx. Part of the alternative included the closure of the Carbon Power Plant. Emission reductions of SO2 from the closure were included in the demonstration that the alternative was better than BART. Because the SO2 reductions are part of the BART alternative for NOx, they should not be counted towards reductions in the SO2 milestone program.

Summary of the rule or change:

This amendment renumbers the existing Subsections R307-150-3(1)(b) to R307-150-3(1)(c). Additionally, language is added to Subsection R307-150-3(1)(b) that establishes a reporting requirement of 8,005 tons/yr of SO2 for the Carbon Power Plant to be reported in the annual regional SO2 under milestone report.

Statutory or constitutional authorization for this rule:

• Subsection 19-2-104(1)(a)

Anticipated cost or savings to:

the state budget:

These rule changes are not expected to have any fiscal impact on the state budget.

local governments:

These rule changes are not expected to have any fiscal impact on local governments.

small businesses:

These rule changes are not expected to have any fiscal impact on small businesses.

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

These rule changes are not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

These rule changes will not have a compliance cost for affected persons. The proposed amendments do not alter previously existing requirements.

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

After conduction a thorough analysis, it was determined that these proposed rule amendments will not result in a fiscal impact to businesses.

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:

05/01/2019

This rule may become effective on:

06/05/2019

Authorized by:

Bryce Bird, Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0

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:

$0

$0

$0

 

*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

No non-small businesses are expected to be impacted by this rulemaking. This rule strictly applies to reporting requirements and are not anticipated to increase costs or benefits.

 

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

 

 

R307. Environmental Quality, Air Quality.

R307-150. Emission Inventories.

R307-150-3. Applicability.

(1) R307-150-4 applies to all stationary sources with actual emissions of 100 tons or more per year of sulfur dioxide in calendar year 2000 or any subsequent year unless exempted in R307-150-3(1) (a)[ below]. Sources subject to R307-150-4 may be subject to other sections of R307-150.

(a) A stationary source that meets the requirements of R307-150-3(1) that has permanently ceased operation is exempt from the requirements of R307-150-4 for all years during which the source did not operate at any time during the year.

(b) Notwithstanding R307-150-3(a), beginning with 2016 emissions, the Division of Air Quality will include emissions of 8,005 tons/yr of sulfur dioxide for the Carbon Power Plant in the annual regional sulfur dioxide milestone report required as part of the Regional Haze State Implementation Plan.

([b]c) Except as provided in R307-150-3(1)(a), any source that meets the criteria of R307-150-3(1) and that emits less than 100 tons per year of sulfur dioxide in any subsequent year shall remain subject to the requirements of R307-150-4 until 2018 or until the first control period under the Western Backstop Sulfur Dioxide Trading Program as established in R307-250-12(1)(a), whichever is earlier.

(2) R307-150-5 applies to large major sources.

(3) R307-150-6 applies to:

(a) each major source that is not a large major source;

(b) each source with the potential to emit 5 tons or more per year of lead; and

(c) each source not included in R307-150-3(2), R307-150-3(3)(a), or R307-150-3(3)(b) that is located in Davis, Salt Lake, Utah, or Weber Counties and that has the potential to emit 25 tons or more per year of any combination of oxides of nitrogen, oxides of sulfur and PM ₁₀, or the potential to emit 10 tons or more per year of volatile organic compounds.

(4) R307-150-7 applies to Part 70 sources not included in R307-150-3(2) or R307-150-3(3).

(5) R307-150-9 applies to sources with Standard Industrial Classification codes in the major group 13 that have uncontrolled actual emissions greater than one ton per year for a single pollutant of PM₁₀, PM_2.5, oxides of nitrogen, oxides of sulfur, carbon monoxide or volatile organic compounds. These sources include, but are not limited to, industries involved in oil and natural gas exploration, production, and transmission operations; well production facilities; natural gas compressor stations; and natural gas processing plants and commercial oil and gas disposal wells, and ponds.

(a) Sources that require inventory submittals under R307-150-3(1) through R307-150-3(4) are excluded from the requirements of R307-150-9.

 

KEY: air pollution, reports, inventories

Date of Enactment or Last Substantive Amendment: [March 5, 2018]2019

Notice of Continuation: November 13, 2018

Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(c)

---