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 Significant 

Deterioration (PSD) permitting program for major sources and major 

modifications in attainment areas and maintenance areas as required 

by 40 CFR 51.166. This rule does not include the routine maintenance, 

repair and replacement provisions that were vacated by the DC Circuit 

Court of Appeals on March 17, 2006. This rule supplements, but does 

not replace, the permitting requirements of R307-401. 

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. 

 (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. 

R307-405-3. Definitions.

 (1) Except as provided in (2) below, the definitions contained 

in 40 CFR 52.21(b) are hereby incorporated by reference. 

 (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 was 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 approves the sulfur 

dioxide maintenance plan that was adopted by the Board 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 earliest date after 

the trigger date on which a major stationary source or a major 

modification subject to 40 CFR 52.21 or R307-405 submits a complete 

application under the relevant regulations. The trigger 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 pollutant for 

which increments or other equivalent measures have been established 

if: 

 (A) the area in which the proposed source or modification would 

construct is designated as attainment or unclassifiable 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 emissions increase 
of the pollutant. 

 (iv) Any minor source baseline date established originally for 

the TSP increments shall remain in effect and shall apply for purposes 

of determining the amount of available PM10 increments, except that 

the executive secretary shall rescind a minor source baseline date 

where it can be shown, to the satisfaction of the executive secretary, 

that the emissions increase from the major stationary source, or net 

emissions increase from the major modification, responsible for 

triggering that date did not result in a significant amount of PM10 

emissions. 

 (b) In the definition of "baseline area" in 40 CFR 

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 secretary. 

 (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 sections: 

 (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 definitions that 

apply to the equipment repair and replacement provisions 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 CFR 52.21(b)(2), 

the second sentence in subparagraph (iii)(a), 

 (ii) the definition of "process unit" in 40 CFR 52.21(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 analyses under 

40 CFR 52.21 (p) that is incorporated by reference in R307-405-17, 

means those special attributes of a Class I area, assigned by a federal 

land manager, that are adversely affected by air quality. 

 (4) "Heat input" means heat input as defined in 40 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 defined in 

R307-410 shall apply in this rule. 
R307-405-4. Area Designations.

 (1) Pursuant to section 162(a) of the federal Clean Air Act, 

the following areas are designated as mandatory Class 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 Clean 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 classification 

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 the reasons for 

the proposed redesignation, including a satisfactory description and 

analysis of the health, environmental, economic and social and energy 

effects of the proposed redesignation. 

 (2) The petition shall contain a demonstration that the proposed 

redesignation meets the criteria outlined in Section VIII of the State 

Implementation Plan and 40 CFR 51.166(e) and (g), that is hereby 

incorporated by reference. 

R307-405-6. Ambient Air Increments.

 The provisions of 40 CFR 52.21(c) are hereby incorporated by 

reference. 

R307-405-7. Ambient Air Ceilings.

 The provisions of 40 CFR 52.21(d) are hereby incorporated by 

reference. 

R307-405-8. Exclusions from Increment Consumption.

 (1) The following concentrations shall be excluded in 

determining compliance with a maximum allowable increase: 

 (a) concentrations attributable to the increase in emissions 

from stationary sources which have converted from the use of petroleum 

products, natural gas, or both by reason of an order in effect under 

section 2(a) and (b) of the Energy Supply and Environmental 

Coordination Act of 1974 (or any superseding legislation) over the 

emissions from such sources before the effective date of such an order; 

 (b) concentrations attributable to the increase in emissions 

from sources which have converted from using natural gas by reason 

of a natural gas curtailment plan in effect pursuant to the Federal 

Power Act over the emissions from such sources before the effective 

date of such plan; 

 (c) concentrations of particulate matter attributable to the 

increase in emissions from construction or other temporary 

emission-related activities of new or modified sources; 

 (d) the increase in concentrations attributable to new sources 
outside the United States over the concentrations attributable 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 specified in 40 CFR 

51.166(f)(4). The temporary increase shall not exceed 2 years in 

duration unless a longer time is approved by the EPA 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 effective date of the order 

to which paragraph (1)(a) refers or the plan to which paragraph (1)(b) 

refers, whichever is applicable. If both such order 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 emission increase 

from a stationary source which would: 

 (a) impact a Class I area or an area where an applicable increment 

is known to be violated; or 

 (b) cause or contribute to a violation of the national ambient 

air quality standards. 

R307-405-9. Stack Heights.

 The provisions of 40 CFR 52.21(h) are hereby incorporated by 

reference. 

R307-405-10. Exemptions.

 (1) The provisions of 40 CFR 52.21(i)(1)(vi) through (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 incorporated by 

reference. 

R307-405-12. Source Impact Analysis.

 The provisions of 40 CFR 52.21(k) are hereby incorporated by 

reference. 

R307-405-13. Air Quality Models.

 The provisions of 40 CFR 52.21(l) are hereby incorporated by 

reference. 

R307-405-14. Air Quality Analysis.

 (1) The provisions of 40 CFR 52.21(m)(1)(i) through (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 incorporated by 
reference. 

R307-405-16. Additional Impact Analysis.

 The provisions of 40 CFR 52.21(o) are hereby incorporated by 

reference. 

R307-405-17. Sources Impacting Federal Class I Areas: 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 relating to a major 

stationary source or major modification and provide notice to the 

EPA Administrator of every action related to the consideration 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 reference. 

 (2) The phrase "within a specified time period" in 40 CFR 

51.166(q)(1) shall be replaced with the phrase "within 30 days of 

receipt of the PSD permit application". 

R307-405-19. Source Obligation.

 The provisions of 40 CFR 52.21(r) are hereby incorporated 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 may 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 this chapter" 

in 40 CFR 52.21(aa)(4)(ii) shall be changed to "R307-403". 

 (b) The reference to "51.165(a)(3)(ii) of this chapter" in 40 

CFR 52.21(aa)(8)(ii)(2) shall be changed to "R307-403". 

 (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(aa)(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 will be permitted. 

 To preserve banked emission reductions the executive secretary must 

identify them in either the Utah SIP or an order. The executive 
secretary will provide a registry to identify the person, private 

entity, or government authority that has the right to use or allocate 

the banked emission reduction and to record any transfer of or lien 

on these rights. 

KEY: air pollution, PSD, Class I area

Date of Enactment or Last Substantive Amendment: February 5, 2009

Notice of Continuation: February 5, 2009

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