R307-403-3. Review of Major Sources of Air Quality Impact

  Every major new source or major modification must be reviewed by the director to determine if a source will cause or contribute to a violation of the NAAQS.

  (1) If the owner or operator of a source proposes to locate the source outside an area of nonattainment where the source will not cause an increase greater than the following increments in actual areas of nonattainment or in the Salt Lake City and Ogden maintenance areas for carbon monoxide and the source otherwise meets the requirements of these regulations, such source shall be approved.

TABLE

MAXIMUM ALLOWABLE MICROGRAM/CUBIC METER IMPACT

BY AVERAGING TIME

Pollutant Annual 24-Hr 8-Hr 3-Hr 1-Hr

SULFUR DIOXIDE 1.0 5 25

PM_2.5 0.3 1.2

NO₂ 1.0

PM₁₀ 1.0 3

CO 500 2000

  (2) If the director finds that the emissions from a proposed source would cause a new violation of the NAAQS but would not contribute to an existing violation, the director shall approve the proposed source if and only if:

  (a) the new source is required to meet a more stringent emission limitation, sufficient to avoid a new violation of the NAAQS and

  (b) the new source has acquired sufficient offset to avoid a new violation of the NAAQS and

  (c) the new emission limitations for the proposed source and for any affected existing sources are enforceable.

  (3) For a proposed new major stationary source or major modification that is major for a pollutant, or any individual precursor to that pollutant, for which an area is designated nonattainment, approval shall be granted if and only if:

  (a) the new major source or major modification meets an emission limitation which is the Lowest Achievable Emission Rate (LAER) for such source for the relevant pollutant(s) in the respective nonattainment area;

  (b) the applicant has certified that all existing major sources in the State, owned or controlled by the owner or operator (or by any entity controlling, controlled by or under common control with such owner or operator) of the proposed source, are in compliance with all applicable rules in R307, including the Utah Implementation Plan requirements or are in compliance with an approved schedule and timetable for compliance under the Utah Implementation Plan, R307, or an enforcement order, and that the source is complying with all requirements and limitations as expeditiously as practicable;

  (c) emission offsets to the extent provided in R307-403-4, R307-403-5, and R307-403-6 are sufficient such that there will be reasonable further progress toward attainment of the applicable NAAQS;

  (d) the emission offsets provide a positive net air quality benefit in the affected area of nonattainment; and,

  (e) the restrictions on new or modified sources identified in 40 CFR 52.24 are not applicable.

  (4) A source which is locating outside a nonattainment area or the Salt Lake City and Ogden maintenance areas for carbon monoxide and which causes the significant increments in R307-403-3(1) to be exceeded in the nonattainment or maintenance area is subject to the requirements of R307-403-3(3).