DAR File No. 28320

Environmental Quality, Air Quality

R307-110-9

Section VIII, Prevention of Significant Deterioration

NOTICE OF PROPOSED RULE

DAR File No.: 28320
Filed: 11/03/2005, 08:15
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the change is to reflect the provisions of the revised federal Prevention of Significant Deterioration (PSD) permitting rule (40 CFR 52.21e) which is being incorporated by reference in the new text for Rule R307-405. (DAR NOTE: The repeal and reenactment on Rule R307-405 is under DAR No. 28322 in this issue.)

Summary of the rule or change:

Section R307-110-9 incorporates by reference Utah's state implementation plan (SIP) for the PSD. Within Section R307-110-9, the only change is to update the date of adoption of the plan from December 18, 1992, to February 1, 2006. The entire existing SIP is repealed and a new SIP is added as an overview of the new federal PSD provisions. On December 31, 2002, EPA published a major revision to the federal PSD program that is commonly referred to as the New Source Review (NSR) Reform Rule. All states are required to submit a SIP revision to EPA that incorporates the NSR Reform provisions by January 2, 2006. The NSR Reform Rule clarifies applicability for determining when a modification qualifies as a major modification, and provides more flexibility for certain types of changes. The PSD SIP is rewritten to provide an overview of the PSD permitting program, which is being incorporated by reference into the new text of Rule R307-405. In addition, some provisions that are in Utah's current PSD rule, Rule R307-405, are moved to the SIP because the provisions are commitments by the State of Utah rather than enforceable rule requirements. These provisions include the process that the Board would follow to reclassify areas within the state for purposes of PSD, including consultation with the Governor and the Legislature.

State statutory or constitutional authorization for this rule:

Section 19-2-104

State Implementation Plan, Section VIII, Prevention of Significant Deterioration, February 1, 2006

Anticipated cost or savings to:

the state budget:

No change in costs is expected to the state budget because all permitting costs are covered by fees paid by the sources.

local governments:

It is anticipated that revisions in the PSD SIP will have little effect on the costs of the major New Source Review program for sources owned by local government subject to Rule R307-405. Any changes will be attributable to changes in Rule R307-405, not to the SIP changes. Little change in air pollution is expected.

other persons:

It is anticipated that revisions in the PSD SIP will have little effect on the costs of the major New Source Review program for sources subject to Rule R307-405. Any changes will be attributable to changes in Rule R307-405, not to the SIP changes. Little change in air pollution is expected.

Compliance costs for affected persons:

It is anticipated that revisions in the PSD SIP will have little effect on the costs of the major New Source Review program for sources subject to Rule R307-405. Any changes will be attributable to changes in Rule R307-405, not to the SIP changes. Little change in air pollution is expected.

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

The revisions made in the PSD SIP give an overview of the major New Source Review program, but do not change any specific requirements for sources. Therefore, no adverse fiscal impact in expected for businesses because of this revision. 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:

Jan Miller or Mat E. Carlile at the above address, by phone at 801-536-4042 or 801-536-4136, by FAX at 801-536-4099 or 801-536-0085, or by Internet E-mail at janmiller@utah.gov or 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:

01/17/2006

Interested persons may attend a public hearing regarding this rule:

12/14/2005 at 2:00 PM, DEQ Bldg #2, 168 N 1950 W, Room 201, Salt Lake City, UT

This rule may become effective on:

02/02/2006

Authorized by:

M. Cheryl Heying, Planning Branch Manager

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-110. General Requirements: State Implementation Plan.

R307-110-9. Section VIII, Prevention of Significant Deterioration.

The Utah State Implementation Plan, Section VIII, Prevention of Significant Deterioration, as most recently amended by the Utah Air Quality Board on [December 18, 1992]February 1, 2006, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

KEY: air pollution, PM10, PM2.5, ozone

[September 8, 2005]2006

Notice of Continuation September 7, 2005

19-2-104(3)(e)

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Jan Miller or Mat E. Carlile at the above address, by phone at 801-536-4042 or 801-536-4136, by FAX at 801-536-4099 or 801-536-0085, or by Internet E-mail at janmiller@utah.gov or 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.