DAR File No. 28321

Environmental Quality, Air Quality

R307-325

Davis and Salt Lake Counties and Ozone Nonattainment Areas: Ozone Provisions

NOTICE OF PROPOSED RULE

DAR File No.: 28321
Filed: 11/03/2005, 08:16
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to clarify the applicability of this rule. This amendment is part of revisions to rules related to the federal New Source Review program, commonly called "NSR Reform" (see separate filings on Section R307-110-9, Rule R307-401, and Rule R307-405 in this issue). (DAR NOTE: The amendment to Section R307-110-9 is under DAR No. 28320; the repeal and reenactment on Rule R307-401 is under DAR No. 28325; and the repeal and reenactment on Rule R307-405 is under DAR No. 28322 in this issue.)

Summary of the rule or change:

Section R307-325-3 requires that best available control technology (BACT) be at least as stringent as any published Control Technique Guidance (CTG) for any new source that locates in an ozone maintenance area. This amendment moves the provisions of Section R307-325-3 to the new version of Subsection R307-401-8(1)(a) so that all permitting requirements are in one place. Section R307-401-10 currently contains the contingency measures to be implemented if the ozone health standards are violated. The provisions of Section R307-401-10 are moved into Section R307-325-4 with other ozone regulations.

State statutory or constitutional authorization for this rule:

Subsection 19-2-104(3)(q), and 40 CFR Part 51, Subpart P

Anticipated cost or savings to:

the state budget:

The state budget is not affected because all costs are covered by the fees paid by affected sources.

local governments:

Because there are no differences between the current rules and the revised versions, there is no change in costs for sources subject to the rule.

other persons:

Because there are no differences between the current rules and the revised versions, there is no change in costs for sources subject to the rule.

Compliance costs for affected persons:

Because there are no differences between the current rules and the revised versions, there is no change in costs for sources subject to the rule.

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

There may be some savings for businesses because the revised rules will be easier for sources to use. 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 or Jan Miller at the above address, by phone at 801-536-4136 or 801-536-4042, by FAX at 801-536-0085 or 801-536-4099, or by Internet E-mail at MCARLILE@utah.gov or 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:

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.

R307-325. Davis and Salt Lake Counties and Ozone Nonattainment Areas: Ozone Provisions.

R307-325-3. [New Sources.

(1) New Sources. When determining best available control technology (BACT) under R307-401-6(1) for a new or modified source in an ozone nonattainment area or Salt Lake and Davis Counties, the executive secretary shall review EPA guidance, including Control Technique Guidance (CTG) documents and Alternative Control Technique (ACT) documents that are applicable to the source. Best available control technology shall be at least as stringent as any published CTG that is applicable to the source.

R307-325-4. ]Compliance Schedule.

By September 29, 1981, 180 days after the effective date of R307-325 through 341, all sources shall be in compliance.

R307-325-4. Contingency Requirement for Ozone Nonattainment Areas and Salt Lake and Davis Counties.

If the Contingency Requirements for nitrogen oxides are triggered as outlined in Section IX.D.2.h(2) of the State Implementation Plan, all existing sources excluding non-commercial residential dwellings shall install either low oxides of nitrogen burner technology as described in R307-401-4(3), unless such requirement is not physically practical or cost-effective, or controls resulting from application of an equivalent technology, both of which shall be determined by the executive secretary. All sources required to install new controls under R307-325-4 shall submit, within two months after the trigger date, either a schedule for installing the equipment or a request for an exemption. The required equipment shall be operational as soon as practicable or within a reasonable time agreed upon by the source and the executive secretary.

KEY: air pollution, emission controls, ozone, RACT[*]

[September 15, 1998]2006

Notice of Continuation August 1, 2003

19-2-101

19-2-104

ADDITIONAL INFORMATION

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