DAR File No. 27665

Environmental Quality, Air Quality

R307-210

Stationary Sources

NOTICE OF PROPOSED RULE

DAR File No.: 27665
Filed: 01/20/2005, 11:29
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule incorporates federal standards by reference. The purpose of the amendments is to add to the Utah rule the amendments in standards that have been made in the federal rule since 1998.

Summary of the rule or change:

Amendments in standards have been made in the federal New Source Performance Standards, 40 CFR Part 60, since Utah last incorporated the standards by reference into Rule R307-210; the amendment incorporates the revised federal standards through July 8, 2004, into this rule. The federal rules already apply to the sources; incorporating them into the state rule allows the Division of Air Quality to enforce the standards. Generally, the amendments give sources additional flexibility. Affected sources are: stationary gas turbines; bulk gasoline terminals and gasoline distribution facilities; volatile organic liquid storage vessels for which construction, reconstruction or modification commenced after July 23, 1984; large municipal waste combustors for which construction commenced after September 20, 1994, or for which modification or reconstruction is commenced after June 19, 1996; synthetic organic chemical manufacturing industry; municipal solid waste landfills; and industrial-commercial-institutional steam generating units. The Division of Air Quality is not aware of any large municipal waste combustors or synthetic organic chemical manufacturers operating in Utah.

State statutory or constitutional authorization for this rule:

Subsection 19-2-104(1)(a) and Section 19-2-108

40 CFR 60, effective 07/01/2004 and 64 FR 41346 (07/08/2004)

Anticipated cost or savings to:

the state budget:

There is no change in cost to the state budget, as the sources affected by the amended federal standards already are included in state rules, and thus already are subject to inspection and compliance review.

local governments:

How many of the affected sources are operated by local governments is not known precisely. Since the new standards either allow more flexibility or reduce reporting requirements, there is likely to be some small savings to local governments that operate affected sources.

other persons:

All of the federal amendments give additional flexibility to sources or reduce the recordkeeping costs for sources, and none of the changes increase costs for Utah sources. Though specific savings cannot be identified, they are likely to be small. Costs for specific categories follow. STATIONARY GAS TURBINES: There are about a dozen sources in Utah, and the new federal amendments give more flexibility in testing and monitoring procedures, thus giving sources the opportunity to reduce costs and regulatory burdens. BULK GASOLINE TERMINALS AND GASOLINE DISTRIBUTION FACILITIES: The amendments give more clarity and flexibility in testing and recordkeeping, thus giving sources the opportunity to reduce costs. VOLATILE ORGANIC LIQUID STORAGE VESSELS: This amendment reduces the number of such vessels that are subject to the rule, thus saving costs for those sources. LARGE MUNICIPAL WASTE COMBUSTORS and SYNTHETIC ORGANIC CHEMICAL MANUFACTURERS: There are none in Utah. MUNICIPAL SOLID WASTE LANDFILLS: The amendments are minor technical corrections that do not change the costs to sources. INDUSTRIAL-COMMERCIAL-INSTITUTIONAL STEAM GENERATING UNITS: The amendments correct previous errors in the federal requirements and reduce recordkeeping, thus saving money for sources.

Compliance costs for affected persons:

All of the federal amendments give additional flexibility to sources or reduce the recordkeeping costs for sources, and none of the changes increase costs for Utah sources. Though specific savings cannot be identified, they are likely to be small. Costs for specific categories follow. STATIONARY GAS TURBINES: There are about a dozen sources in Utah, and the new federal amendments give more flexibility in testing and monitoring procedures, thus giving sources the opportunity to reduce costs and regulatory burdens. BULK GASOLINE TERMINALS AND GASOLINE DISTRIBUTION FACILITIES: The amendments give more clarity and flexibility in testing and recordkeeping, thus giving sources the opportunity to reduce costs. VOLATILE ORGANIC LIQUID STORAGE VESSELS: This amendment reduces the number of such vessels that are subject to the rule, thus saving costs for those sources. LARGE MUNICIPAL WASTE COMBUSTORS and SYNTHETIC ORGANIC CHEMICAL MANUFACTURERS: There are none in Utah. MUNICIPAL SOLID WASTE LANDFILLS: The amendments are minor technical corrections that do not change the costs to sources. INDUSTRIAL-COMMERCIAL-INSTITUTIONAL STEAM GENERATING UNITS: The amendments correct previous errors in the federal requirements and reduce recordkeeping, thus saving money for sources.

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

Generally, the federal amendments increase flexibility for sources and fine-tune existing requirements. Sources will see some opportunity for savings, and no increased costs are expected. Dr. Dianne R. Nielson

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Jan Miller at the above address, by phone at 801-536-4042, by FAX at 801-536-4099, or by Internet E-mail at janmiller@utah.gov

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:

03/17/2005

Interested persons may attend a public hearing regarding this rule:

2/16/2005 at 1:30 PM, DEQ Building, 168 N 1950 W, Room 201, Salt Lake City, UT

This rule may become effective on:

04/07/2005

Authorized by:

M. Cheryl Heying, Planning Branch Manager

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-210. Stationary Sources.

R307-210-1. Standards of Performance for New Stationary Sources (NSPS).

[The standards of performance for new stationary sources in 40 CFR 60 (1998), as amended by 63 FR 49442, 64 FR 7457, 64 FR 9257, and 64 FR 10105]The provisions of 40 Code of Federal Regulations (CFR) Part 60, effective on July 1, 2004, and amended by 64 FR 41346 (July 8, 2004), are incorporated by reference into these rules with the exception that references in 40 CFR to "Administrator" shall mean "executive secretary" unless by federal law the authority referenced is specific to the Administrator and cannot be delegated.

KEY: air pollution, stationary sources[*], new source review[*]

[July 15, 1999]2005

Notice of Continuation August 15, 2001

19-2-104

19-2-108

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Jan Miller at the above address, by phone at 801-536-4042, by FAX at 801-536-4099, or by Internet E-mail at janmiller@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.