R307. Environmental Quality, Air Quality.

R307-405. Permits: Major Sources in Attainment or Unclassified Areas (PSD). R307-405-1. Purpose. This rule implements the federal Prevention of Sig nificant Deterioration (PSD) permitting program for major so urces and major

modifications in attainment areas and maintenance a reas as required by 40 CFR 51.166. This rule does not include the r outine maintenance, repair and replacement provisions that were vacated by the DC Circuit Court of Appeals on March 17, 2006. This rule supp lements, but does not replace, the permitting requirements of R307-40 1.

R307-405-2. Applicability. (1) All references to 40 CFR in R307-405 shall me an the version that is in effect on July 1, 2008. (2) The provisions of 40 CFR 52.21(a)(2) are here by incorporated by reference. (3) Notwithstanding the exemptions in R307-401, a ny source that is subject to R307-405 is subject to the requiremen t to obtain an approval order in R307-401-5 through 8.

R307-405-3. Definitions. (1) Except as provided in (2) below, the definiti ons contained in 40 CFR 52.21(b) are hereby incorporated by refer ence. (2)(a)(i) "Major Source Baseline Date" means: (A) in the case of particulate matter: (I) for Davis, Salt Lake, Utah and Weber Counties , the date that EPA approves the PM10 maintenance plan that wa s adopted by the Board on July 6, 2005; (II) for all other areas of the State, January 6, 1975; (B) in the case of sulfur dioxide: (I) for Salt Lake County, the date that EPA appro ves the sulfur dioxide maintenance plan that was adopted by the Bo ard on January 5, 2005; (II) for all other areas of the State, January 6, 1975; and (C) in the case of nitrogen dioxide, February 8, 1988. (ii) "Minor Source Baseline Date" means the earli est date after the trigger date on which a major stationary source or a major modification subject to 40 CFR 52.21 or R307-405 su bmits a complete application under the relevant regulations. The tr igger date is: (A) In the case of particulate matter and sulfur dioxide, August 7, 1977, and (B) in the case of nitrogen dioxide, February 8, 1988. (iii) The baseline date is established for each p ollutant for which increments or other equivalent measures have been established

if: (A) the area in which the proposed source or modi fication would construct is designated as attainment or unclassifi able under section 107(d)(i)(D) or (E) of the Act for the pollutant on the date of its complete application under 40 CFR 52.21 or R307-405 ; and (B) in the case of a major stationary source, the pollutant would be emitted in significant amounts, or, in the case of a major modification, there would be a significant net emis sions increaseof the pollutant.

(iv) Any minor source baseline date established o riginally for

the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increme nts, except that the executive secretary shall rescind a minor sourc e baseline date where it can be shown, to the satisfaction of the e xecutive secretary, that the emissions increase from the major stationa ry source, or net emissions increase from the major modification, res ponsible for triggering that date did not result in a significan t amount of PM10

emissions. (b) In the definition of "baseline area" in 40 CF R 52.21(b)(15)(ii)(b) insert the words "or R307-405" after "Is subject

to 40 CFR 52.21". (c) "Reviewing Authority" means the executive sec retary. (d)(i) The term "Administrator" shall be changed to "executive secretary" throughout R307-405, except as provided in (ii). (ii) The term "Administrator" shall be changed to "EPA Administrator" in the following incorporated sectio ns: (A) 40 CFR 52.21(b)(17), (B) 40 CFR 52.21(b)(37)(i), (C) 40 CFR 52.21(b)(43), (D) 40 CFR 52.21(b)(48)(ii)(c), (E) 40 CFR 52.21(b)(50)(i), (F) 40 CFR 52.21(l)(2), (G) 40 CFR 52.21(p)(2), and (H) 40 CFR 51.166(q)(2)(iv). (e) The following definitions or portions of defi nitions that apply to the equipment repair and replacement provi sions are not incorporated because these provisions were vacated by the DC Circuit Court of Appeals on March 17, 2006: (i) in the definition major modification in 40 CF R 52.21(b)(2), the second sentence in subparagraph (iii)(a), (ii) the definition of "process unit" in 40 CFR 5 2.21(b)(55), (iii) the definition of "functionally equivalent component" in 40 CFR 52.21(b)(56), (iv) the definition of "fixed capital cost" in 40 CFR 52.21 (b)(57), and (v) the definition of "total capital investment" in 40 CFR 52.21(b)(58). (3) "Air Quality Related Values," as used in anal yses under 40 CFR 52.21 (p) that is incorporated by reference in R307-405-17, means those special attributes of a Class I area, a ssigned by a federal land manager, that are adversely affected by air qu ality. (4) "Heat input" means heat input as defined in 4 0 CFR 52.01(g), that is hereby incorporated by reference. (5) "Title V permit" means any permit or group of permits covering a Part 70 source that is issued, renewed, amended, or revised pursuant

to R307-415. (6) "Title V Operating Permit Program" means R307 -415. (7) The definition of "Good Engineering Practice (GEP) Stack Height" as defined in R307-410 shall apply in this rule. (8) The definition of "Dispersion Technique" as d efined in R307-410 shall apply in this rule.R307-405-4. Area Designations.

(1) Pursuant to section 162(a) of the federal Cle an Air Act, the following areas are designated as mandatory Cla ss I areas: (a) Arches National Park, (b) Bryce Canyon National Park, (c) Canyonlands National Park, (d) Capitol Reef National Park, and (e) Zion National Park. (2) Pursuant to section 162(b) of the federal Cle an Air Act, all other areas in Utah are designated as Class II unless designated

as nonattainment areas. (3) No areas in Utah are designated as Class III.

R307-405-5. Area Redesignation. Any person may petition the Board to change the cl assification of an area designated under R307-405-4, except for mandatory Class I areas designated under R307-405-4(1). (1) The petition shall contain a discussion of th e reasons for the proposed redesignation, including a satisfactor y description and analysis of the health, environmental, economic and social and energy effects of the proposed redesignation. (2) The petition shall contain a demonstration th at the proposed redesignation meets the criteria outlined in Sectio n VIII of the State Implementation Plan and 40 CFR 51.166(e) and (g), t hat is hereby incorporated by reference.

R307-405-6. Ambient Air Increments. The provisions of 40 CFR 52.21(c) are hereby incor porated by

reference.

R307-405-7. Ambient Air Ceilings. The provisions of 40 CFR 52.21(d) are hereby incor porated by

reference.

R307-405-8. Exclusions from Increment Consumption. (1) The following concentrations shall be exclude d in determining compliance with a maximum allowable inc rease: (a) concentrations attributable to the increase i n emissions from stationary sources which have converted from t he use of petroleum products, natural gas, or both by reason of an orde r in effect under section 2(a) and (b) of the Energy Supply and Envir onmental Coordination Act of 1974 (or any superseding legisl ation) over the

emissions from such sources before the effective da te of such an order; (b) concentrations attributable to the increase i n emissions from sources which have converted from using natura l gas by reason of a natural gas curtailment plan in effect pursuan t to the Federal

Power Act over the emissions from such sources befo re the effective date of such plan; (c) concentrations of particulate matter attribut able to the

increase in emissions from construction or other te mporary emission-related activities of new or modified sour ces; (d) the increase in concentrations attributable t o new sourcesoutside the United States over the concentrations a ttributable to

existing sources which are included in the baseline concentration;

and (e) concentrations attributable to the temporary increase in emissions of sulfur dioxide, particulate matter, or nitrogen dioxides from stationary sources which are affected by plan revisions approved by the EPA Administrator as meeting the criteria sp ecified in 40 CFR 51.166(f)(4). The temporary increase shall not exc eed 2 years in duration unless a longer time is approved by the EP A Administrator.

This exclusion is not renewable. (2) No exclusion of concentration under (1)(a) or (b) above shall apply more than five years after the effectiv e date of the order to which paragraph (1)(a) refers or the plan to whi ch paragraph (1)(b) refers, whichever is applicable. If both such orde r and plan are applicable, no such exclusion shall apply more than five years after

the later of such effective dates. (3) No exclusion under (1)(e) shall apply to an e mission increase from a stationary source which would: (a) impact a Class I area or an area where an app licable increment is known to be violated; or (b) cause or contribute to a violation of the nat ional ambient air quality standards.

R307-405-9. Stack Heights. The provisions of 40 CFR 52.21(h) are hereby incor porated by

reference.

R307-405-10. Exemptions. (1) The provisions of 40 CFR 52.21(i)(1)(vi) thro ugh (viii) are hereby incorporated by reference. (2) The provisions of 40 CFR 52.21(i)(2) through (5) are hereby incorporated by reference.

R307-405-11. Control Technology Review. The provisions of 40 CFR 52.21(j) are hereby incor porated by

reference.

R307-405-12. Source Impact Analysis. The provisions of 40 CFR 52.21(k) are hereby incor porated by

reference.

R307-405-13. Air Quality Models. The provisions of 40 CFR 52.21(l) are hereby incor porated by

reference.

R307-405-14. Air Quality Analysis. (1) The provisions of 40 CFR 52.21(m)(1)(i) throu gh (iv), (vi), and (viii) are hereby incorporated by reference. (2) The provisions of 40 CFR 52.21(m)(2) and (3) are hereby incorporated by reference.

R307-405-15. Source Information. The provisions of 40 CFR 52.21(n) are hereby incor porated byreference.

R307-405-16. Additional Impact Analysis. The provisions of 40 CFR 52.21(o) are hereby incor porated by

reference.

R307-405-17. Sources Impacting Federal Class I Are as: Additional Requirements. (1) The provisions of 40 CFR 52.21(p) are hereby incorporated by reference. (2) The executive secretary will transmit to the EPA Administrator a copy of each permit application rel ating to a major stationary source or major modification and provide notice to the EPA Administrator of every action related to the co nsideration of such permit.

R307-405-18. Public Participation. (1) Except as provided in (2), the provisions of 40 CFR 51.166(q)(1) and (2) are hereby incorporated by ref erence. (2) The phrase "within a specified time period" i n 40 CFR 51.166(q)(1) shall be replaced with the phrase "wit hin 30 days of receipt of the PSD permit application".

R307-405-19. Source Obligation. The provisions of 40 CFR 52.21(r) are hereby incor porated by

reference.

R307-405-20. Innovative Control Technology. (1) Except as provided in (2), the provisions of 40 CFR 52.21(v) are hereby incorporated by reference. (2)(a) The reference to "40 CFR 124.10" in 40 CFR 52.21(v)(1) shall be changed to "R307-405-18". (b) 40 CFR 52.21(v)(2) shall be changed to read " The executive secretary shall, with the consent of the governors of other affected states, determine that the source or modification m ay employ a system of innovative control technology, if:".

R307-405-21. Actuals PALs. (1) Except as provided in (2), the provisions of 40 CFR 52.21(aa) are hereby incorporated by reference. (2) (a) The reference to "51.165(a)(3)(ii) of th is chapter" in 40 CFR 52.21(aa)(4)(ii) shall be changed to "R30 7-403". (b) The reference to "51.165(a)(3)(ii) of this ch apter" in 40 CFR 52.21(aa)(8)(ii)(2) shall be changed to "R307-4 03". (c) The references to "70.6(a)(3)(iii)(B) of this chapter" in 40 CFR 52.21(aa)(14)(ii) shall be changed to "R307- 415-6a(3)(c)(ii)". (d) The date of "March 3, 2003" in 40 CFR 52.21(a a)(15)(i) and (ii) shall be changed to "June 16, 2006".

R307-405-22. Banking of Emission Offset Credit in PSD Areas. Banking of emission offset credits in PSD areas wi ll be permitted. To preserve banked emission reductions the executi ve secretary must identify them in either the Utah SIP or an order. T he executivesecretary will provide a registry to identify the p erson, private

entity, or government authority that has the right to use or allocate the banked emission reduction and to record any tra nsfer of or lien on these rights.

KEY: air pollution, PSD, Class I area

Date of Enactment or Last Substantive Amendment: F ebruary 5, 2009 Notice of Continuation: February 5, 2009 Authorizing, and Implemented or Interpreted Law: 1 9-2-104