GUIDELINES

TO: New Source Review Section 

FROM: Regg Olsen, Permitting Branch Manager

DATE: January 16, 2013 March 11, 2013 (revised) 

SUBJECT: Uintah Basin Permitting Guidance 

Utah’s general permitting rule, R307-401, establishes permitting requirements for new and 

modified, major and minor sources. As authorized by the rule, the director will issue an approval 

order for new or modified sources only if the requirements in R307-401-8 have been met, 

including the National Primary and Secondary Ambient Air Quality Standards (NAAQS, R307-

401-8(1)(b)(vii). 

 

During the winter of 2009-10 unexpectedly high ozone values were recorded at survey monitors 

in the Uintah Basin. Ozone is typically a summertime pollutant, but the unique conditions in this 

area lead to the formation of ozone during inversions when there is significant snow cover on the 

ground. High values were recorded again during the winter of 2010-11 indicating that there is an 

on-going problem in the area. The State of Utah is currently collecting data in the area to 

determine whether or not the area is meeting the NAAQS for ozone. 

Effective February 1, 2013, the Division Director will not issue an approval order (AO) under 

R307-401 for a new or modified stationary source of VOC emissions in Duchesne or Uintah 

County unless the owner or operator has provided a satisfactory demonstration that the source 

will not contribute to a potential violation of the ozone NAAQS. This will fulfill the requirement 

of R307-401-8(1)(b)(vii). A source with an ITA in public comment prior to this date will be 

allowed to move forward for AO approval provided no substantive adverse public comments are 

received. 

Options for the demonstration to be submitted as part of the NOI include: 

Option A – Photochemical ozone modeling using a model and protocol pre-approved by 

UDAQ, 

Option B – VOC Emissions Offsetting – This option is expected to be the primary means for 

150 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 100% recycled paper 

State of Utah 

GARY R. HERBERT 

Governor 

GREG BELL 

Lieutenant Governor

Department of 

Environmental Quality 

Amanda Smith 

Executive Director 

DIVISION OF AIR QUALITY 

Bryce C. Bird 

Director 
making a demonstration that a source does not cause or contribute to a violation of the 

ozone NAAQS. Any emissions increase of VOC from new or existing sources requiring 

an AO can make a demonstration by offsetting the proposed increase in emissions. The 

offset ratio will be 1:1, rounded up to the nearest tenth TPY. 

Option C – An alternate demonstration may also be proposed by the applicant. This 

demonstration must be defensible and must meet the requirements of R307-401-8. 

Alternative demonstrations will be evaluated by the Director on a case-by-case basis. 

The following Emission Reduction Credits (ERC) criteria are applicable if a source chooses the 

offsetting option above: 

 The process for establishing ERCs will follow the long-standing process that has been 

used for both attainment and nonattainment areas under Utah’s rules. 

 To be registered for offsetting, ERCs are required to be surplus, permanent, quantifiable 

and enforceable. 

 ERC’s generated in Duchesne or Uintah Counties can be used in either County. 

 ERCs generated in the basin by the permitting actions of another regulatory agency will 

be accepted provided the reductions are enforceable and meet the other criteria identified 

herein.

 If the source is proposing to rely on an alternate enforcement mechanism to generate 

and/or make an ERC enforceable, advise them this will likely result in a delayed issuance 

of their AO as a legal review will be required to determine whether the enforcement 

mechanism is adequate to meet the requirements of R307-401-8. 

 Sources will be allowed to look back to January 1, 2011 to calculate ERC’s for the 

registry. A source’s baseline emissions will be determined when the source applies to 

register the ERC’s. The data for calculating eligible ERC’s shall be provided by the 

source. 

 An existing source that was in operation in 2011 and subsequently obtains an Approval 

Order is not required to make a retroactive demonstration that it did not cause or 

contribute to a violation of the ozone NAAQS, but any new modification at the source is 

subject to this policy. 

 Existing registered ERCs for Duchene and Uintah Counties can be used for offsetting in 

either county. However, these credits could be subject to future state or federal actions. 

 Expected sources of ERCs include (though there may be others as well): 

o Voluntary acceptance of LAER level controls or other emissions limitations lower 

than BACT 

o Emission reductions not required by federal standards 

o Emission reductions below applicable federal standards 

o Emission reductions not required by State rules 

o Replacement of grandfathered sources 

 The DAQ ERC registry has been modified to accommodate the registering of ERC’s 

obtained through both State and Federal permitting actions. Camron Harry will be the 

gatekeeper for the registry. Please involve Camron in all actions requiring the creation 

and utilization of ERC’s. 
 Inter-pollutant trading will not be allowed. The trading ratio will be 1:1, rounded to the 

nearest tenth. The use of inter-pollutant trading will be reevaluated when more 

information is available regarding the relative importance of ozone precursors during 

wintertime inversion conditions. 

If the source pursues Option A or C to make their demonstration, advise them this will likely 

result in a delayed issuance of their AO as a more thorough review will be required as we look at 

their submittal. 

NOx will continue to be evaluated as well, to determine compliance with the 1-hour NO2

NAAQS in accordance with paragraph IV.3 of the EIA SOP. 

Small Sources under R307-401-9 are exempt from this policy. If an existing source desires to 

implement controls to render its emissions de-minimus and the source desires to generate 

emission credits, an AO must be issued to make the reductions permanent and enforceable. 

Likewise, an existing exempt small source can obtain emission credits for additional reductions 

below 5 TPY, but an AO will be required to make the ERCs enforceable. 

This Guideline shall be audited at least every two years by the Minor Source Section Manager to 

determine the current status and relevance of the information.