DAR File No. 28130

Environmental Quality, Air Quality

R307-214-2

Part 63 Sources

NOTICE OF PROPOSED RULE

DAR File No.: 28130
Filed: 08/05/2005, 03:56
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

By adopting and receiving delegation for these standards for Hazardous Air Pollutants (HAPs), the State will have primacy over administration of these standards on Utah sources. This will be consistent with the historical approach taken by the Department of Environmental Quality, and will simplify procedures required of sources.

Summary of the rule or change:

Two new federal standards for HAPs are proposed for incorporation by reference into Section R307-214-2. These two Maximum Achievable Control Technology (MACT) standards may apply to current or future Utah sources. The Clean Air Act of 1990 required EPA to issue standards for HAPs; these standards are commonly called MACTs. State operation of the MACTs program is a federally required component of the "Operating Permits" program under Title V of the Clean Air Act.

State statutory or constitutional authorization for this rule:

Subsection 19-2-104(1)(a)

40 CFR Part 63, Subpart DDDD, National Emission Standards for Hazardous Air Pollutions for Plywood and Composite Wood Products; and 40 CFR Part 63, Subpart DDDDD, National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters

Anticipated cost or savings to:

the state budget:

There are no costs to the state budget for implementing these MACTs, as all sources are required to hold Operating Permits, and their costs are built into the fees paid by sources of HAPs under the Operating Permit Program.

local governments:

The only new MACT that may affect local governments is 40 CFR Part 63, Subpart DDDDD, National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters. Nationwide, it is anticipated that this rule will reduce HAPs emissions by 58,500 tons per year. It is also anticipated that this rule will reduce sulfur dioxide emissions by 113,000 tons per year, PM10 emissions by 562,000 tons per year, and PM2.5 emissions by 159,000 tons per year. Nationwide, the capital costs for sources are estimated to be $1,790,000, and annual costs are estimated to be $860,000,000 per year. Prices for output in the 40 affected industries are anticipated to increase by approximately 0.04%. Productivity is expected to decrease by less than .03%. No adverse economic impact is expected to occur as a result of this rule, because these provisions are already federally enforceable.

other persons:

1) 40 CFR Part 63, Subpart DDDD, National Emission Standards for Hazardous Air Pollutions: for Plywood and Composite Wood Products. There are 0-2 sources in Utah known to be subject to this rule. Nationwide, it is anticipated that this rule will reduce HAPs emissions between 6,600 and 11,000 tons per year. It is also anticipated that this rule will reduce carbon monoxide emissions between 8,400 and 10,000 tons per year, PM10 emissions between 5,900 and 12,000 tons per year, and volatile organic compounds emissions between 14,000 and 27,000 tons per year. Nationwide, the capital costs for sources are estimated to be between $240,000,000 and $471,000,000, and annual costs are estimated to be between $74,000,000 per year and $140,000,000 per year. Prices for finished products are anticipated to increase by approximately 1.3%. Productivity is expected to decease by less than .4%. No adverse economic impact is expected to occur as a result of this rule, because these provisions are already federally enforceable. 2) 40 CFR Part 63, Subpart DDDDD, National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters. There are approximately 8-12 sources in Utah known to be subject to this rule. Nationwide, it is anticipated that this rule will reduce HAPs emissions by 58,500 tons per year. It is also anticipated that this rule will reduce sulfur dioxide emissions by 113,000 tons per year, PM10 emissions by 562,000 tons per year, and PM2.5 emissions by 159,000 tons per year. Nationwide, the capital costs for sources are estimated to be $1,790,000, and annual costs are estimated to be $860,000,000 per year. Prices for output in the 40 affected industries are anticipated to increase by approximately 0.04%. Productivity is expected to decrease by less than .03%. No adverse economic impact is expected to occur as a result of this rule, because these provisions are already federally enforceable.

Compliance costs for affected persons:

1) 40 CFR Part 63, Subpart DDDD, National Emission Standards for Hazardous Air Pollutions: for Plywood and Composite Wood Products. There are 0-2 sources in Utah known to be subject to this rule. Nationwide, it is anticipated that this rule will reduce HAPs emissions between 6,600 and 11,000 tons per year. It is also anticipated that this rule will reduce carbon monoxide emissions between 8,400 and 10,000 tons per year, PM10 emissions between 5,900 and 12,000 tons per year, and volatile organic compounds emissions between 14,000 and 27,000 tons per year. Nationwide, the capital costs for sources are estimated to be between $240,000,000 and $471,000,000, and annual costs are estimated to be between $74,000,000 per year and $140,000,000 per year. Prices for finished products are anticipated to increase by approximately 1.3%. Productivity is expected to decease by less than .4%. No adverse economic impact is expected to occur as a result of this rule, because these provisions are already federally enforceable. 2) 40 CFR Part 63, Subpart DDDDD, National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters. There are approximately 8-12 sources in Utah known to be subject to this rule. Nationwide, it is anticipated that this rule will reduce HAPs emissions by 58,500 tons per year. It is also anticipated that this rule will reduce sulfur dioxide emissions by 113,000 tons per year, PM10 emissions by 562,000 tons per year, and PM2.5 emissions by 159,000 tons per year. Nationwide, the capital costs for sources are estimated to be $1,790,000, and annual costs are estimated to be $860,000,000 per year. Prices for output in the 40 affected industries are anticipated to increase by approximately 0.04%. Productivity is expected to decrease by less than .03%. No adverse economic impact is expected to occur as a result of this rule, because these provisions are already federally enforceable.

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

Costs for Utah businesses to implement these requirements are very small, and no adverse economic impact is expected to occur as a result of this rule, because these provisions are already federally enforceable. Dianne R. Nielson, Executive Director

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:

Mat E. Carlile at the above address, by phone at 801-536-4136, by FAX at 801-536-0085, or by Internet E-mail at MCARLILE@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:

10/03/2005

Interested persons may attend a public hearing regarding this rule:

9/20/2005 at 2:00 PM, DEQ Building, 168 N 1950 W, Room 201, Salt Lake City, UT

This rule may become effective on:

11/03/2005

Authorized by:

M. Cheryl Heying, Planning Branch Manager

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-214. National Emission Standards for Hazardous Air Pollutants.

R307-214-2. Part 63 Sources.

The provisions listed below of 40 CFR Part 63, National Emission Standards for Hazardous Air Pollutants for Source Categories, effective as of July 1, [2003]2005, or later for those whose subsequent publication citation is included below, are incorporated into these rules by reference. References in 40 CFR Part 63 to "the Administrator" shall refer to the executive secretary, unless by federal law the authority is specific to the Administrator and cannot be delegated.

(1) 40 CFR Part 63, Subpart A, General Provisions.

(2) 40 CFR Part 63, Subpart B, Requirements for Control Technology Determinations for Major Sources in Accordance with 42 U.S.C. 7412(g) and (j).

(3) 40 CFR Part 63, Subpart F, National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry.

(4) 40 CFR Part 63, Subpart G, National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater.

(5) 40 CFR Part 63, Subpart H, National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks.

(6) 40 CFR Part 63, Subpart I, National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulation for Equipment Leaks.

(7) 40 CFR Part 63, Subpart J, National Emission Standards for Polyvinyl Chloride and Copolymers Production.

(8) 40 CFR Part 63, Subpart L, National Emission Standards for Coke Oven Batteries.

(9) 40 CFR Part 63, Subpart M, National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities.

(10) 40 CFR Part 63, Subpart N, National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks.

(11) 40 CFR Part 63, Subpart O, National Emission Standards for Hazardous Air Pollutants for Ethylene Oxide Commercial Sterilization and Fumigation Operations.

(12) 40 CFR Part 63, Subpart Q, National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers.

(13) 40 CFR Part 63, Subpart R, National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations).

(14) 40 CFR Part 63, Subpart T, National Emission Standards for Halogenated Solvent Cleaning.

(15) 40 CFR Part 63, Subpart U, National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins.

(16) 40 CFR Part 63, Subpart AA, National Emission Standards for Hazardous Air Pollutants for Phosphoric Acid Manufacturing.

(17) 40 CFR Part 63, Subpart BB, National Emission Standards for Hazardous Air Pollutants for Phosphate Fertilizer Production.

(18) 40 CFR Part 63, Subpart CC, National Emission Standards for Hazardous Air Pollutants from Petroleum Refineries.

(19) 40 CFR Part 63, Subpart DD, National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations.

(20) 40 CFR Part 63, Subpart EE, National Emission Standards for Magnetic Tape Manufacturing Operations.

(21) 40 CFR Part 63, Subpart GG, National Emission Standards for Aerospace Manufacturing and Rework Facilities.

(22) 40 CFR Part 63, Subpart HH, National Emission Standards for Hazardous Air Pollutants for Oil and Natural Gas Production.

(23) 40 CFR Part 63, Subpart JJ, National Emission Standards for Wood Furniture Manufacturing Operations.

(24) 40 CFR Part 63, Subpart KK, National Emission Standards for the Printing and Publishing Industry.

(25) 40 CFR Part 63, Subpart MM, National Emission Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills.

(26) 40 CFR Part 63, Subpart OO, National Emission Standards for Tanks - Level 1.

(27) 40 CFR Part 63, Subpart PP, National Emission Standards for Containers.

(28) 40 CFR Part 63, Subpart QQ, National Emission Standards for Surface Impoundments.

(29) 40 CFR Part 63, Subpart RR, National Emission Standards for Individual Drain Systems.

(30) 40 CFR Part 63, Subpart SS, National Emission Standards for Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process (Generic MACT).

(31) 40 CFR Part 63, Subpart TT, National Emission Standards for Equipment Leaks- Control Level 1 (Generic MACT).

(32) 40 CFR Part 63, Subpart UU, National Emission Standards for Equipment Leaks-Control Level 2 Standards (Generic MACT).

(33) 40 CFR Part 63, Subpart VV, National Emission Standards for Oil-Water Separators and Organic-Water Separators.

(34) 40 CFR Part 63, Subpart WW, National Emission Standards for Storage Vessels (Tanks)-Control Level 2 (Generic MACT).

(35) 40 CFR Part 63, Subpart XX, National Emission Standards for Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations.

(36) 40 CFR Part 63, Subpart YY, National Emission Standards for Hazardous Air Pollutants for Source Categories: Generic MACT.

(37) 40 CFR Part 63, Subpart CCC, National Emission Standards for Hazardous Air Pollutants for Steel Pickling-HCl Process Facilities and Hydrochloric Acid Regeneration Plants.

(38) 40 CFR Part 63, Subpart DDD, National Emission Standards for Hazardous Air Pollutants for Mineral Wool Production.

(39) 40 CFR Part 63, Subpart EEE, National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors.

(40) 40 CFR Part 63, Subpart GGG, National Emission Standards for Hazardous Air Pollutants for Pharmaceuticals Production.

(41) 40 CFR Part 63, Subpart HHH, National Emission Standards for Hazardous Air Pollutants for Natural Gas Transmission and Storage.

(42) 40 CFR Part 63, Subpart III, National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production.

(43) 40 CFR Part 63, Subpart JJJ, National Emission Standards for Hazardous Air Pollutants for Group IV Polymers and Resins.

(44) 40 CFR Part 63, Subpart LLL, National Emission Standards for Hazardous Air Pollutants for Portland Cement Manufacturing Industry.

(45) 40 CFR Part 63, Subpart MMM, National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production.

(46) 40 CFR Part 63, Subpart NNN, National Emission Standards for Hazardous Air Pollutants for Wool Fiberglass Manufacturing.

(47) 40 CFR Part 63, Subpart OOO, National Emission Standards for Hazardous Air Pollutants for Amino/Phenolic Resins Production (Resin III).

(48) 40 CFR Part 63, Subpart PPP, National Emission Standards for Hazardous Air Pollutants for Polyether Polyols Production.

(49) 40 CFR Part 63, Subpart QQQ, National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelters.

(50) 40 CFR Part 63, Subpart RRR, National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production.

(51) 40 CFR Part 63, Subpart TTT, National Emission Standards for Hazardous Air Pollutants for Primary Lead Smelting.

(52) 40 CFR Part 63, Subpart UUU, National Emission Standards for Hazardous Air Pollutants for Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units.

(53) 40 CFR Part 63, Subpart VVV, National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works.

(54) 40 CFR Part 63, Subpart AAAA, National Emission Standards for Hazardous Air Pollutants for Municipal Solid Waste Landfills.

(55) 40 CFR Part 63, Subpart CCCC, National Emission Standards for Manufacturing of Nutritional Yeast.

(56) 40 CFR Part 63, Subpart DDDD, National Emission Standards for Hazardous Air Pollutants for Plywood and Composite Wood Products, published on July 30, 2004 at 69 FR 45943.

[(56)](57) 40 CFR Part 63, Subpart EEEE, National Emission Standards for Hazardous Air Pollutants for Organic Liquids Distribution (non-gasoline).[, published on February 3, 2004 at 69 FR 5038.]

[(57)](58) 40 CFR Part 63, Subpart FFFF, National Emission Standards for Hazardous Air Pollutants for Miscellaneous Organic Chemical Manufacturing.[, published on November 10, 2003 at 68 FR 63852.]

[(58)](59) 40 CFR Part 63, Subpart GGGG, National Emission Standards for Vegetable Oil Production; Solvent Extraction.

[(59)](60) 40 CFR Part 63, Subpart HHHH - National Emission Standards for Wet-Formed Fiberglass Mat Production.

[(60)](61) 40 CFR Part 63, Subpart IIII, National Emission Standards for Hazardous Air Pollutants for Surface Coating of Automobiles and Light-Duty Trucks.[, published on April 26, 2004 at 69 FR 22602.]

[(61)](62) 40 CFR Part 63, Subpart JJJJ, National Emission Standards for Hazardous Air Pollutants for Paper and Other Web Surface Coating Operations.

[(62)](63) 40 CFR Part 63, Subpart KKKK, National Emission Standards for Hazardous Air Pollutants for Surface Coating of Metal Cans.[, published on November 13, 2003 at 68 FR 64432.]

[(63)](64) 40 CFR Part 63, Subpart MMMM, National Emission Standards for Hazardous Air Pollutants for Surface Coating of Miscellaneous Metal Parts and Products.[, published on January 2, 2004 at 69 FR 130.]

[(64)](65) 40 CFR Part 63, Subpart NNNN - National Emission Standards for Large Appliances Surface Coating Operations.

[(65)](66) 40 CFR Part 63, Subpart OOOO, National Emission Standards for Hazardous Air Pollutants for Fabric Printing, Coating and Dyeing Surface Coating Operations.

[(66)](67) 40 CFR Part 63, Subpart PPPP, National Emissions Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts and Products.[, published on April 19, 2004 at 69 FR 20968.]

[(67)](68) 40 CFR Part 63, Subpart QQQQ, National Emission Standards for Hazardous Air Pollutants for Surface Coating of Wood Building Products.

[(68)](69) 40 CFR Part 63, Subpart RRRR, National Emission Standards for Hazardous Air Pollutants for Metal Furniture Surface Coating Operations.

[(69)](70) 40 CFR Part 63, Subpart SSSS - National Emission Standards for Metal Coil Surface Coating Operations.

[(70)](71) 40 CFR Part 63, Subpart TTTT - National Emission Standards for Leather Tanning and Finishing Operations.

[(71)](72) 40 CFR Part 63, Subpart UUUU - National Emission Standards for Cellulose Product Manufacturing.

[(72)](73) 40 CFR Part 63, Subpart VVVV - National Emission Standards for Boat Manufacturing.

[(73)](74) 40 CFR Part 63, Subpart WWWW, National Emissions Standards for Hazardous Air Pollutants for Reinforced Plastic Composites Production.

[(74)](75) 40 CFR Part 63, Subpart XXXX - National Emission Standards for Tire Manufacturing.

[(75)](76) 40 CFR Part 63, Subpart YYYY, National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines.[, published on March 5, 2004 at 69 FR 10512.]

[(76)](77) 40 CFR Part 63, Subpart ZZZZ, National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines.[, published on June 15, 2004 at 69 FR 33474.]

[(77)](78) 40 CFR Part 63, Subpart AAAAA, National Emission Standards for Hazardous Air Pollutants for Lime Manufacturing Plants.[, published on January 5, 2004 at 69 FR 394.]

[(78)](79) 40 CFR Part 63, Subpart BBBBB, National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing.

[(79)](80) 40 CFR Part 63, Subpart CCCCC, National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks.

(81) 40 CFR Part 63, Subpart DDDDD, National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters, published on September 13, 2004 at 69 FR 55217.

[(80)](82) 40 CFR Part 63, Subpart EEEEE, National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries.[, published on April 22, 2004 at 69 FR 21906.]

[(81)](83) 40 CFR Part 63, Subpart FFFFF, National Emission Standards for Hazardous Air Pollutants for Integrated Iron and Steel Manufacturing.

[(82)](84) 40 CFR Part 63, Subpart GGGGG, National Emission Standards for Hazardous Air Pollutants for Site Remediation.[, published on October 8, 2003 at 68 FR 58172.]

[(83)](85) 40 CFR Part 63, Subpart HHHHH, National Emission Standards for Hazardous Air Pollutants for Miscellaneous Coating Manufacturing.[, published on December 11, 2003 at 68 FR 69164.]

[(84)](86) 40 CFR Part 63, Subpart IIIII, National Emission Standards for Hazardous Air Pollutants for Mercury Emissions from Mercury Cell Chlor-Alkali Plants.[, published on December 19, 2003 at 68 FR 70904.]

[(85)](87) 40 CFR Part 63, Subpart JJJJJ, National Emission Standards for Hazardous Air Pollutants for Brick and Structural Clay Products Manufacturing.

[(86)](88) 40 CFR Part 63, Subpart KKKKK, National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing.

[(87)](89) 40 CFR Part 63, Subpart LLLLL, National Emission Standards for Hazardous Air Pollutants for Asphalt Processing and Asphalt Roofing Manufacturing.

[(88)](90) 40 CFR Part 63, Subpart MMMMM, National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Fabrication Operations.

[(89)](91) 40 CFR Part 63, Subpart NNNNN, National Emission Standards for Hazardous Air Pollutants for Hydrochloric Acid Production.

[(90)](92) 40 CFR Part 63, Subpart PPPPP, National Emission Standards for Hazardous Air Pollutants for Engine Test Cells/Stands.

[(91)](93) 40 CFR Part 63, Subpart QQQQQ - National Emission Standards for Hazardous Air Pollutants for Friction Materials Manufacturing Facilities.

[(92)](94) 40 CFR Part 63, Subpart RRRRR, National Emission Standards for Hazardous Air Pollutants for Taconite Iron Ore Processing.[, published on October 30, 2003 at 68 FR 61868.]

[(93)](95) 40 CFR Part 63, Subpart SSSSS, National Emission Standards for Hazardous Air Pollutants for Refractory Products Manufacturing.

[(94)](96) 40 CFR Part 63, Subpart TTTTT, National Emission Standards for Hazardous Air Pollutants for Primary Magnesium Refining.[, published on October 10, 2003 at 68 FR 58615.]

KEY: air pollution, hazardous air pollutant, MACT

[October 7, 2004]2005

Notice of Continuation February 9, 2004

19-2-104(1)(a)

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Mat E. Carlile at the above address, by phone at 801-536-4136, by FAX at 801-536-0085, or by Internet E-mail at MCARLILE@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.