DAR File No. 28544

Environmental Quality, Air Quality

R307-325

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

NOTICE OF PROPOSED RULE

DAR File No.: 28544
Filed: 03/09/2006, 11:13
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of these amendments is to clarify the applicability of this rule. These amendments are part of revisions to rules related to the federal New Source Review program, commonly called "NSR Reform." (See separate filing on Rule R307-401 in this issue). This change reproposes the changes in DAR No. 28321, published in the December 1, 2005, issue of the Bulletin, which has been allowed to lapse.

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 proposal moves provisions of Section R307-325-3 to Subsection R307-401-8(1)(a) so that all permitting requirements are in one place. Contingency measures to be implemented if the ozone health standards are violated are currently located in Section R307-401-10; this proposal moves those provisions to Section R307-325-4 with other ozone regulations. Because Rule R307-401 is being revised in response to public comments, it cannot be made effective until 05/02/2006 at the earliest, and thus is now on a different timetable from Rule R307-325. The 120-day period for the changes proposed for Rule R307-325 (DAR No. 28321) lapsed on 04/01/2006; had they been made effective on that date, the provisions being moved from Rule R307-325 to Rule R307-401 would be eliminated from Utah rules until Rule R307-401 is made effective in May. Because these provisions are important to Utah business, the Air Quality Board is reproposing the amendments in Rule R307-325 so that they can remain in effect until the changes in Rule R307-401 can be made effective. A public hearing was held on the original proposal to amend Rule R307-325 and no comments were received. (DAR NOTES: The change in proposed rule filed for Rule R307-401 is under DAR No. 28325 in this issue. The filing on Rule R307-325 under DAR No. 28321 lapsed on 04/01/2006.)

State statutory or constitutional authorization for this rule:

Sections 19-2-104 and 19-2-101

Anticipated cost or savings to:

the state budget:

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

local governments:

Moving provisions from one rule to another makes the rules easier to understand and use, and thus may bring small savings to affected local governments.

other persons:

Moving provisions from one rule to another makes the rules easier to understand and use, and thus may bring small savings to affected persons.

Compliance costs for affected persons:

Moving provisions from one rule to another makes the rules easier to understand and use, and thus may bring small savings to affected persons.

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

Moving the definitions may make a very small difference in costs for businesses, as the rules will be easier to understand and 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:

Jan Miller at the above address, by phone at 801-536-4042, by FAX at 801-536-0085, 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:

05/02/2006

This rule may become effective on:

05/04/2006

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[*]

Date of Enactment or Last Substantive Amendment: [September 15, 1998]2006

Notice of Continuation: August 1, 2003

Authorizing, and Implemented or Interpreted Law: 19-2-101; 19-2-104

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 801-536-0085, 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.