State of Utah 

GARY R. HERBERT 

Governor 

GREG BELL 

Lieutenant Governor 

April24, 2013 

Department of 

Environmental Quality 

Amanda Smith 

Executive Director 

DIVISION OF AIR QUALITY 

Bryce C. Bird 

Director 

Carl Daly, Air Program Director 

Environmental Protection Agency Region 8 

Mailcode 8P-AR 

1595 Wynkoop Street 

Denver, Colorado 80202-1129 

Dear Mr. Daly; 

Re: 110(1) Demonstration for R307-401-9, Small Source Exemption 

DAQP-032-13 

I am enclosing a demonstration that Utah's small source exemption rule R307-401-9 that was 

adopted in 1996 does not interfere with any applicable requirement concerning attainment and 

reasonable further progress, or any other applicable requirement as required by section 11 0(1) of 

the Clean Air Act. As described in the demonstration, small sources are better addressed through 

source category rules and national standards. 

If you have any questions regarding this demonstration, please contact Colleen Delaney at (80 1) 

536-4248. 

Sincerely, 

~?<·c.d_y' Bryce C. Bird 

Director 

BCB:CD:svw 

I 95 North 1950 West • Salt Lake City, UT 

Mailing Address: P.O. Box 144820 • Salt Lake City, UT 84114-4820 

Telephone (801) 536-4000 • Fax (801)536-4099 • T.D.D. (801) 536-4414 

www.deq.utah.gov 

Printed on I 00% recycled paper 

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110(1) Demonstration- Small Source Exemption Rule 

Background 

In November 1996 Utah adopted a small source exemption rule that has since been codified as 

R307-401-9. Prior to the adoption of this rule, Utah's minor source rule technically applied to 

any new installation or source (a discrete process with identifiable emissions) that emitted any 

amount of air pollution, including miniscule amounts of emissions such as an office printer or a 

bottle of cleaner. In practice, however, there was always judgment applied and very small 

emission sources were never expected to apply for an approval order. For example, Utah had 

never issued an approval order to a gas station, nor had Utah issued an approval order for small, 

neighborhood dry cleaning operations. 

In the mid-1990's, Utah reviewed the effectiveness of its permitting operations and discovered 

that many of the approval orders that were being issued did not require sources to install any 

pollution controls beyond those covered by Utah's area source rules because the cost/ton of 

control was too high. The sources were submitting notices of intent (NOis) to construct and 

paying permitting fees, but there was no air quality benefit from these permits. The small source 

exemption rule was adopted to ensure that the case-by-case permitting program focused resources 

and review on those projects where it would be cost-effective to install pollution controls. 

Broadly Applicable Rules Still Apply 

Even though these small sources were no longer required to undergo a case-by-case review and 

receive an approval order, they were still regulated by the underlying statewide area source rules. 

R307-201. Emission Standards: General Emission Standards. 

R307-202. Emission Standards: General Burning. 

R307-203. Emission Standards: Sulfur Content of Fuels 

R307-204. Emission Standards: Smoke Management. 

R307-205. Emission Standards: Fugitive Emissions and Fugitive Dust 

R307-206. Emission Standards: Abrasive Blasting 

R307-207. Emission Standards: Residential Fireplaces and Stoves 

Additional rules have been adopted to reduce emissions from small sources in nonattainment and 

maintenance areas. 

R307-302. Solid Fuel Burning Devices in Box Elder, Cache, Davis, Salt Lake, Tooele, Utah, 

and Weber Counties 

R307-303. Commercial Cooking 

R307-305. Nonattainment and Maintenance Areas for PM10: Emissions Standards 

R307-306. PM10 Nonattainment and Maintenance Areas: Abrasive Blasting 

R307-307. Road Salting and Sanding 

R307-309. Nonattainment and Maintenance Areas for PM10: Fugitive Emissions and Fugitive 

Dust 

R307-312. Aggregate Processing Operations for PM2.5 Nonattainment Areas 
DAQP-032-13 

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R307-325. Ozone Nonattainment and Maintenance Areas: General Requirements 

R307-328. Gasoline Transfer and Storage 

R307-335. Ozone Nonattainment and Maintenance Areas: Degreasing and Solvent Cleaning 

Operations 

R307-341. Ozone Nonattainment and Maintenance Areas: Cutback Asphalt 

R307-343. Ozone Nonattainment and Maintenance Areas: Emissions Standards for Wood 

Furniture Manufacturing Operations 

R307-344. Paper, Film and Foil Coatings 

R307-345. Fabric and Vinyl Coatings 

R307-346. Metal Furniture Surface Coatings 

R307-347. Large Appliance Surface Coatings 

R307-348. Magnet Wire Coating 

R307-349. Flat Wood Panel Coatings 

R307-350. Miscellaneous Metal Parts and Products Coatings 

R307-351. Graphic Arts 

R307-352. Metal Container, Closure, and Coil Coatings 

R307-354. Automotive Refinishing Coatings 

R307-356. Appliance Pilot Light 

Federal NSPS and MACT rules also apply to these sources whether or not they have an approval 

order. In addition, EPA has adopted nationwide rules to reduce emissions from coatings, nonroad engines, and consumer products among others. All of these national rules are effective to 

reduce emissions from small sources. 

One other important point is that the general provisions in Utah's permitting rule, R307-401-4, 

apply to all new or modified sources, even those so small that are not required to obtain an 

approval order. These general provisions require all control apparatuses to be properly 

maintained, and require all new fuel combustion burners be low-NOx burners. In addition, the 

director has authority under R307-401-4(2) to require an approval order for a small source if it is 

creating an adverse impact to the environment or would be injurious to human health or welfare. 

While difficult to quantify, it is important to recognize that the small source exemption rule 

provides an incentive for installing emission controls to avoid the requirement to obtain an 

approval order. So, even though an approval order is not issued in those cases, the emission 

reductions are achieved. 

Utah's approach is consistent with EPA's new Tribal Minor New Source Review that also 

exempts small sources. 

Effect on Attainment and Maintenance of the NAAQS 

When Utah adopted the small source exemption rule in 1996, the state was attaining all NAAQS. 

EPA has now redesignated all of Utah's ozone and carbon monoxide nonattainment areas to 

attainment, and in 1995 EPA determined that Utah had attained the PM10 standard in all 

nonattainment areas. While there were still some areas that were officially designated 

nonattainment in 1996, the SIPs that had been developed for all existing NAAQS had been 

effective to reduce emissions. 

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Since that time, EPA has adopted more stringent standards for PM, ozone, S02, lead, and N02. 

The changing health standards have resulted in new nonattainment areas and Utah is currently 

developing a PM2.s SIP for the Wasatch Front. In addition, unexpected wintertime ozone 

pollution has been discovered in the Uintah Basin and Utah is currently participating in EPA's 

Ozone Advance program to reduce emissions in that area. 

The adoption of Utah's small source exemption rule did not have an adverse effect on the 

attainment or maintenance ofthe NAAQS that existed at the time. As new NAAQS have been 

adopted, Utah has developed area source rules to address small sources that affect attainment or 

maintenance of the NAAQS because this is the most effective approach for these types of sources.