### State ofUtah

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 ProgramDirector 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 exemptionrule R307-401-9 that was adopted in 1996 does not interfere with any applicable requirement concerning attainment and reasonable further progress, orany other applicable requirement as required by section 110(1) of the Clean Air Act. As described inthe demonstration, small sources are better addressed through
source categoryrules and national standards.
Ifyouhave any questions regarding this demonstration, please contact Colleen Delaney at (801) 536-4248. Sincerely,

# ~?<·c.d_y' Bryce C. Bird Director
BCB:CD:svw

I95 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 I00% 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 beencodified as R307-401-9. Priorto the adoption ofthis rule, Utah'sminor source rule technically applied to any newinstallation or source (a discrete process with identifiable emissions) that emitted any amount ofairpollution, including miniscule amounts ofemissions such as an office printer or a bottle ofcleaner. Inpractice, however, there was alwaysjudgment applied and very small emission sources were never expectedto apply for an approval order. For example, Utah had never issued an approval orderto 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 ofits permitting operations and discovered thatmany ofthe approval orders that were being issued did notrequire sources to install any pollution controls beyondthose covered by Utah's area source rules because the cost/ton of control was too high. The sources were submitting notices ofintent (NOis) to construct and paying permitting fees, butthere was no air quality benefit from these permits. The small source exemptionrule was adopted to ensure that the case-by-case permitting program focused resources and review on those projects where it wouldbe cost-effective to install pollution controls. Broadly Applicable Rules Still Apply
Eventhoughthese small sources were no longerrequired 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 ofFuels 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 inBox 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 NonattainmentAreasDAQP-032-13 Page 3
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. OzoneNonattainment and Maintenance Areas: Cutback Asphalt R307-343. OzoneNonattainment 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. FlatWood 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 PilotLight
Federal NSPS and MACT rules also apply to these sources whether ornot they have an approval order. In addition, EPAhas adopted nationwide rules to reduce emissions from coatings, nonroad engines, and consumerproducts among others. All ofthese national rules are effective to reduce emissions from small sources.
One other importantpoint is that the general provisions in Utah'spermitting rule, R307-401-4, apply to all new or modified sources, eventhose so small that are notrequired to obtain an approval order. These general provisions require all control apparatuses to be properly maintained, and require all newfuel combustionburners be low-NOx burners. In addition, the director has authority under R307-401-4(2) to require an approval order for a small source ifit is creating an adverse impactto the environment orwouldbe injurious to humanhealth orwelfare. While difficultto quantify, it is importantto recognize that the small source exemptionrule provides an incentive for installing emission controls to avoid the requirementto obtain an approval order. So, even though an approval order is not issued inthose cases, the emission reductions are achieved.
Utah's approach is consistent with EPA'snewTribal MinorNew Source Reviewthat also exempts small sources.
Effect on Attainment and Maintenance ofthe NAAQS
When Utah adopted the small source exemptionrule in 1996, the state was attaining all NAAQS. EPA has nowredesignated all ofUtah's ozone and carbon monoxide nonattainment areas to attainment, and in 1995 EPA determined that Utahhad attained the PM10 standard in all nonattainment areas. While there were still some areas that were officially designated nonattainment in 1996, the SIPs that hadbeen developed for all existing NAAQS had been effective to reduce emissions. 

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Since thattime, EPA has adopted more stringent standards for PM, ozone, S02 , lead, andN02

. The changinghealth standards have resulted innewnonattainment areas and Utah is currently developing a PM2.s SIP for the Wasatch Front. In addition, unexpected wintertime ozone pollutionhas been discovered inthe Uintah Basin and Utah is currentlyparticipating inEPA's Ozone Advance programto reduce emissions inthat area.
The adoption ofUtah's small source exemptionrule did not have an adverse effect onthe attainment or maintenance oftheNAAQS that existed at the time. As newNAAQS have been adopted, Utah has developed area source rules to address small sources that affect attainment or maintenance ofthe NAAQS becausethis is the most effective approach for these types ofsources.