DAR File No. 28814

Environmental Quality, Air Quality

R307-415-4

Applicability

NOTICE OF PROPOSED RULE

DAR File No.: 28814
Filed: 06/15/2006, 05:09
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the amendment is to update the Utah rule to match changes in the federal rule.

Summary of the rule or change:

Changes in the text of Section R307-415-4 exclude five area sources of air pollution from the requirements of Rule R307-415. This change is made because on 12/19/2005 notice was published in the Federal Register (70 FR 75319) granting an exemption to certain area sources from Title V Operating Permit Programs (40 CFR Part 70). The exemptions were promulgated in individual Subparts of Part 63. The area sources that were granted exemption are those subject to the following Federal requirements: 1) National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities (40 CFR Part 63, Subpart M); 2) National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks (40 CFR Part 63, Subpart N); 3) Ethylene Oxide Emissions Standards for Sterilization Facilities (40 CFR Part 63, Subpart O); 4) National Emission Standards for Halogenated Solvent Cleaning (40 CFR Part 63, Subpart T); and 5) National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production (40 CFR Part 63, Subpart RRR). Rule R307-415 is the Utah rule implementing 40 CFR Part 70.

State statutory or constitutional authorization for this rule:

Sections 19-2-109.1 and 19-2-104

Anticipated cost or savings to:

the state budget:

There is no cost to the state budget because all costs for the operating permits program are covered by user fees.

local governments:

Local governments in Utah are not known to operate any facilities affected by this change.

other persons:

There will be some savings for sources. Previously, some of the sources were required to compile and submit inventories of their emissions to the Division of Air Quality, and they paid a fee based on the amount of their emissions. Now, they are no longer required to submit inventories or pay fees, and they will not have the expense of applying for, and complying with the conditions of, operating permits.

Compliance costs for affected persons:

There will be some savings for sources. Previously, some of the sources were required to compile and submit inventories of their emissions to the Division of Air Quality, and they paid a fee based on the amount of their emissions. Now, they are no longer required to submit inventories or pay fees, and they will not have the expense of applying for, and complying with the conditions of, operating permits.

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

Generally, the exempted sources emit small amounts of air pollutants, and their costs for participation in the operating permits program were small. Exempting them from the program removes those costs. 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:

07/31/2006

This rule may become effective on:

09/06/2006

Authorized by:

M. Cheryl Heying, Planning Branch Manager

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-415. Permits: Operating Permit Requirements.

R307-415-4. Applicability.

(1) Part 70 sources. All of the following sources are subject to the permitting requirements of R307-415, and unless exempted under (2) below are required to submit an application for an operating permit:

(a) Any major source;

(b) Any source, including an area source, subject to a standard, limitation, or other requirement under Section 111 of the Act, Standards of Performance for New Stationary Sources;

(c) Any source, including an area source, subject to a standard or other requirement under Section 112 of the Act, Hazardous Air Pollutants, except that a source is not required to obtain a permit solely because it is subject to regulations or requirements under Section 112(r) of the Act, Prevention of Accidental Releases;

(d) Any Title IV affected source.

(2) [Source category e]Exemptions.[ The following source categories are exempted from the requirement to obtain an operating permit.]

(a) All[ sources and] source categories that would be required to obtain an operating permit solely because they are subject to 40 CFR Part 60, Subpart AAA - Standards of Performance for New Residential Wood Heaters, are exempted from the requirement to obtain a permit.[;]

(b) All [sources and ]source categories that would be required to obtain an operating permit solely because they are subject to 40 CFR Part 61, Subpart M - National Emission Standard for Hazardous Air Pollutants for Asbestos, Section 61.145, Standard for Demolition and Renovation, are exempted from the requirement to obtain a permit. For Part 70 sources, demolition and renovation activities within the source under 40 CFR 61.145 shall be treated as a separate source for the purpose of R307-415.

(c) Certain area sources have been exempted from the requirement to obtain an operating permit under a subpart of 40 CFR Part 63. These include:

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

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

(iii) 40 CFR Part 63, Subpart O, Ethylene Oxide Emission Standards for Sterilization Facilities;

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

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

(3) Emissions units and Part 70 sources.

(a) For major sources, the Executive Secretary shall include in the permit all applicable requirements for all relevant emissions units in the major source.

(b) For any area source subject to the operating permit program under R307-415-4(1) or (2), the Executive Secretary shall include in the permit all applicable requirements applicable to emissions units that cause the source to be subject to the operating permit program.

(4) Fugitive emissions. Fugitive emissions and fugitive dust from a Part 70 source shall be included in the permit application and the operating permit in the same manner as stack emissions, regardless of whether the source category in question is included in the list of source categories contained in the definition of major source.

(5) Control requirements. R307-415 does not establish any new control requirements beyond those established by applicable requirements, but may establish new monitoring, recordkeeping, and reporting requirements.

(6) Synthetic minors. An existing source that wishes to avoid designation as a major Part 70 source under R307-415, must obtain federally-enforceable conditions which reduce the potential to emit, as defined in R307-101-2, to less than the level established for a major Part 70 source. Such federally-enforceable conditions may be obtained by applying for and receiving an approval order under R307-401. The approval order shall contain periodic monitoring, recordkeeping, and reporting requirements sufficient to verify continuing compliance with the conditions which would reduce the source's potential to emit.

KEY: air pollution, environmental protection, operating permit, emission fee

Date of Enactment or Last Substantive Amendment: [August 3, 2004]2006

Notice of Continuation: February 9, 2004

Authorizing, and Implemented or Interpreted Law: 19-2-109.1; 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.