DAR File No. 32042

Environmental Quality, Air Quality

R307-405-2

Applicability

NOTICE OF PROPOSED RULE

DAR File No.: 32042
Filed: 10/14/2008, 09:21
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change updates the version of 40 CFR that is incorporated in Rule R307-405. The federal Prevention of Significant Deterioration (PSD) permitting program in 40 CFR 52.21 is incorporated by reference in Rule R307-405. Two amendments have been made to 40 CFR 52.21 since 07/01/2007, the current incorporated version.

Summary of the rule or change:

Updates the incorporation by reference of the 40 CFR to 07/01/2008. Changes to 40 CFR 52.21 include the exclusion of ethanol production facilities from the definition of chemical process plants, and a clarification in the record keeping requirements for a modification where there is a "reasonable possibility" that the change would result in a significant increase of any regulated New Source Review (NSR) pollutant.

State statutory or constitutional authorization for this rule:

Section 19-2-104

This rule or change incorporates by reference the following material:

40 CFR 52.21

Anticipated cost or savings to:

the state budget:

No cost or savings are anticipated with this rule change. No new requirements were created with this rule change.

local governments:

No cost or savings are anticipated with this rule change. No new requirements were created with this rule change.

small businesses and persons other than businesses:

Small Business: No cost or savings are anticipated with this rule change. No new requirements were created with this rule change. Other Persons: A possible savings may accrue due to the removal of ethanol production facilities from the definition of chemical process, which will remove ethanol production facilities from the PSD permitting program.

Compliance costs for affected persons:

No cost is anticipated with this rule change. No new requirements were created with this rule change.

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

No cost is anticipated with this rule change. No new requirements were created with this rule change. A possible savings may accrue due to the removal of ethanol production facilities from the definition of chemical process, which will remove ethanol production facilities from the PSD permitting program. Rick Sprott, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Air Quality
150 N 1950 W
SALT LAKE CITY UT 84116-3085

Direct questions regarding this rule to:

Kimberly Kreykes at the above address, by phone at 801-536-4042, by FAX at 801-536-4099, or by Internet E-mail at kkreykes@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:

12/01/2008

This rule may become effective on:

01/07/2009

Authorized by:

Bryce Bird, Planning Branch Manager

R307. Environmental Quality, Air Quality.

R307-405. Permits: Major Sources in Attainment or Unclassified Areas (PSD).

R307-405-2. Applicability.

(1) All references to 40 CFR in R307-405 shall mean the version that is in effect on July 1, 2008[7].

(2) The provisions of 40 CFR 52.21(a)(2) are hereby incorporated by reference.

(3) Notwithstanding the exemptions in R307-401, any source that is subject to R307-405 is subject to the requirement to obtain an approval order in R307-401-5 through 8.

 

KEY: air pollution, PSD, Class I area

Date of Enactment or Last Substantive Amendment: [January 11, 2008]2009

Notice of Continuation: July 13, 2007

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