DAR File No. 38841

Environmental Quality, Air Quality

Section R307-110-10

Section IX, Control Measures for Area and Point Sources, Part A, Fine Particulate Matter

Notice of Proposed Rule

(Amendment)

DAR File No.: 38841
Filed: 09/08/2014 12:54:43 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Air Quality Board has proposed to repeal and replace three State Implementation Plans: SIP Subsections IX.A.21: Control Measures for Area and Point Sources, Fine Particulate Matter, PM2.5 SIP for the Salt Lake City, UT, Nonattainment Area; IX.A.22: Control Measures for Area and Point Sources, Fine Particulate Matter, PM.2.5 SIP for the Provo, UT Nonattainment Area; and IX.A.23: Control Measures for Area and Point Sources, Fine Particulate Matter, PM2.5 SIP for the Logan, UT-ID, Nonattainment Area. The new Section IX, Part A of the SIP needs to be incorporated into the Utah Air Quality rules. Section R307-110-10 is the rule that currently does this. The proposed SIP subsections, along with their corresponding Technical Support Documents, and Section R307-110-10 will have simultaneous public comment periods beginning 10/01/2014. Amendments to SIP Sections IX.A.21, 22, and 23 are necessary because on 01/04/2013, the D.C. Circuit Court of Appeals found that EPA had incorrectly interpreted the Clean Air Act when determining how to implement the National Ambient Air Quality Standards (NAAQS) for PM2.5. The court ruled that EPA should have implemented the PM2.5 NAAQS based on both Subpart 1 and Subpart 4 of Part D of the Clean Air Act. Previously, EPA had only implemented the NAAQS based on Subpart 1, and therefore Utah's PM2.5 SIPs were prepared to meet only those requirements. The new amendments to IX.A.21, 22, and 23 are to bring these SIP sections into compliance with both Subpart 1 and 4.

Summary of the rule or change:

The amendment changes the date of Section IX, Part A of the SIP most recently adopted by the Air Quality Board that is incorporated into the Utah Air Quality Rules. PM2.5 State Implementation Plans (SIPs) found in IX.A.21, 22, and 23 are being amended to meet the requirements of both Subpart 1 and 4 of Part D of the Clean Air Act. Fundamentally these three SIPs are no different than what the Board adopted in 2013. However, they have all been revised to meet the planning requirements of Subpart 4 and Subpart 1. The previous SIPs for the Provo and Salt Lake City nonattainment areas (IX.A.21 and IX.A.22) demonstrated that both nonattainment areas could reach attainment of the 24-hour PM2.5 NAAQS, but not until 2019. Under Subpart 4, the attainment date is 12/31/2015. As a result, the revised SIPs for both Provo and Salt Lake City quantitatively demonstrate that it is impracticable to attain the standard by 12/31/2015. The previous PM2.5 SIP for the Logan UT-ID nonattainment area (IX.A.23), however, demonstrated that the area can meet the 24-hour PM2.5 NAAQS by 2014. The revised SIP demonstrates that the area can attain the standard by the new attainment date of 12/31/2015. All these SIPs and Technical Support Documents are available for public review online at http://www.airquality.utah.gov/Public-Interest/Public-Commen-Hearings/Pubrule.htm. The public comment period for the SIPs will run from 10/01/2014 to 10/31/2014.

State statutory or constitutional authorization for this rule:

• Subsection 19-2-104(3)(e)

This rule or change incorporates by reference the following material:

• Updates Utah State Implementation Plan Section IX, Control Measures for Area and Point Sources, Part A, Fine Particulate Matter, published by State of Utah Division of Air Quality, 12/03/2014

Anticipated cost or savings to:

the state budget:

With IX.A.21, 22, and 23, the changes are simply to meet the planning requirements of Subpart 4, and the SIPs are fundamentally the same; therefore, there are no anticipated costs or savings to the state budget.

local governments:

With IX.A.21, 22, and 23, the changes are simply to meet the planning requirements of Subpart 4, and the SIPs are fundamentally the same; therefore, there are no anticipated costs or savings to the local government.

small businesses:

With IX.A.21, 22, and 23, the changes are simply to meet the planning requirements of Subpart 4, and the SIPs are fundamentally the same; therefore, there are no anticipated costs or savings to small businesses.

persons other than small businesses, businesses, or local governmental entities:

With IX.A.21, 22, and 23, the changes are simply to meet the planning requirements of Subpart 4, and the SIPs are fundamentally the same.

Compliance costs for affected persons:

The changes to the SIPs being incorporated into this rule are to meet the planning requirements of Subpart 4. These changes should not result in any additional compliance costs for affected persons.

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

With IX.A.21, 22, and 23, the changes are simply to meet the planning requirements of Subpart 4, and the SIPs are fundamentally the same and do not include any new requirements for businesses.

Amanda Smith, 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 QualityRoom Fourth Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Mark Berger at the above address, by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@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:

10/31/2014

Interested persons may attend a public hearing regarding this rule:

• 10/20/2014 10:00 AM, DEQ, 195 N 1950 W, Room 1015, Salt Lake City, UT

This rule may become effective on:

12/04/2014

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-110. General Requirements: State Implementation Plan.

R307-110-10. Section IX, Control Measures for Area and Point Sources, Part A, Fine Particulate Matter.

The Utah State Implementation Plan, Section IX, Control Measures for Area and Point Sources, Part A, Fine Particulate Matter, as most recently amended by the Utah Air Quality Board on December [4, 2013]3, 2014, 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

Date of Enactment or Last Substantive Amendment: [January 9]December 4 , 2014

Notice of Continuation: February 1, 2012

Authorizing, and Implemented or Interpreted Law: 19-2-104(3)(e)