R307-403-1. Purpose and Definitions

  (1) Purpose. This rule implements the federal nonattainment area permitting program for major sources as required by 40 CFR 51.165. In addition, the rule contains new source review provisions for some non-major sources in PM₁₀ nonattainment areas. This rule, R307-403-5(1), supplements, but does not replace, the permitting requirements of R307-401.

  (2) Unless otherwise specified, all references to 40 CFR in R307-403 shall mean the version that is in effect on July 1, 2017.

  (3) Except as provided in R307-403-1(4), the definitions in 40 CFR 51.165(a)(1) are hereby incorporated by reference. The definition of PAL, or plant wide applicability limitation, in 40 CFR 51.165(f)(2)(v) is also incorporated by reference.

  (4)(a) "Reviewing authority" means the director.

  (b) In the definition of "significant" in 40 CFR 51.165(a)(1)(x) add the following text at the end of paragraph (F): "The following subparagraphs specify, for certain nonattainment areas, emission rates that are "significant" for Ammonia: (1) In the Provo, UT nonattainment area (as defined in the July 1, 2017 version of 40 CFR 81.345) - 70 tons per year or more (2) In the Salt Lake City, UT nonattainment area (as defined in the July 1, 2017 version of 40 CFR 81.345) - 70 tons per year or more."

  (c) In the definition of "regulated NSR pollutant" in 40 CFR 51.165(a)(1)(xxxvii), paragraph (C)(2)is amended to read: "(2) Except as specified in R307-101-2 and where the Administrator of the EPA has approved a demonstration satisfying 40 CFR 51.1006(a)(3) which has, for a particular PM_2.5 nonattainment area, determined otherwise; Sulfur dioxide, Nitrogen oxides, Volatile organic compounds and Ammonia are precursors to PM_2.5 in any PM_2.5 nonattainment area."

  (d) The following definitions or portions of definitions that apply to the equipment repair and replacement provisions are not incorporated because these provisions were vacated by the DC Circuit Court of Appeals on March 17, 2006:

  (i) in the definition of "major modification" in 40 CFR 51.165(a)(1)(v)(C), the second sentence in subparagraph (1);

  (ii) the definition of "process unit" in 40 CFR 51.165(a)(1)(xliii);

  (iii) the definition of "functionally equivalent component" in 40 CFR 51.165(a)(1)(xliv);

  (iv) the definition of "fixed capital cost" in 40 CFR 51.165(a)(1)(xlv); and

  (v) the definition of "total capital investment" in 40 CFR 51.165(a)(1)(xlvi).