GARY R. HERBERT GOVERNOR 

## STATE 

## OF UTAH OFFICE OF THE GOVERNOR SALT LAKE CITY, UTAH 84114-2220



### June 2, 2013

Shaun McGrath, Regional Administrator US EPA Region 8 1595 Wynkoop Street Denver, Colorado 80202-1129 Dear Mr. McGrath: GREG BELL LIEUTENANT GOVERNOR**AT)c#-1~'7**



### Enclosed for your approval is the demonstration that Utah's State Implementation Plan (SIP) contains the necessary infrastructure elements to ensure our ability both to attain and maintain the 2010 National Ambient Air Quality Standard (NAAQS) for sulfur dioxide. The document, 

### State ofUtah JJO(a)(2) SIP Infrastructure Elements for S02, summarizes the Clean Air Act requirements and outlines howthe State ofUtah meets them. The infrastructure SIP demonstration for the sulfur dioxide NAAQS was made available for public review and comment from April22, 2013 until May 22, 2013. No comments were received. Should you have questions about the infrastructure demonstration, please contact Bryce C. Bird, Director ofthe Utah Division ofAir Quality, at telephone (801) 536-4064 or bbird@utah.gov.

Enclosures Sincerely,

# ~(4~~~+- Gary R. Herbert GovernorAprill8, 2013



## State of Utah 11O(a)(2) SIP Infrastructure Elements for S02
Section 110(a)(2)(A): Emission Limits and Other Control Measures Requirement Summary "Each suchplanshall

. .. include enforceable emission limitations andother control measures, means, ortechniques (including economic incentives such as fees, marketablepermits, and auctions of emissions rights), as wellas schedules andtimetables for compliance, as maybe necessary orappropriate to meet the applicable requirements of this chapter. " Utah's Infrastructure SIP Section 1 (LegalAuthority) identifies the statutory provisions that allow adoption of standards and limitations for attainment and maintenance ofnational standards. This section of the SIP was codified at R307-110-2, and EPA approved it most recently on June 25, 2003 at 68 FR 37744. SIP Section IX Part B (ControlMeasuresforAreaandPointSources: SulfurDioxide) identifies control measures for sources ofsulfur dioxide (S02). This section ofthe SIP was originally developed in 1981 to address areas designated nonattainment in 1978, and was revised in 1992. It was most recently revised in 2005 to demonstrate maintenance ofthe 1971 standard, and was submitted to EPA on April22, 2005. EPA has not yet acted upon this SIP revision. SIP Section IX Part B was codified at R307-110-11. EPA approved the 1992 version ofthe SIP on June 25, 2003 at 68 FR37744. SIP Section II (Review of New andModifiedAirPollution Sources) provides that new or modified sources ofair pollution must submit plans to the Utah Division ofAir Quality and receive approval orders before operating. SIP Section II was codified at R307-110-3, and EPA approved the SIP most recently on June 25, 2003 at 68 FR 37744. The Utah Air Quality Rule R307-401 establishes a minor source permitting program in the state for new and modified sources, and was most recently approved by EPA on May 5, 1995 at FR60 FR 22277. SIP Section VIII (Prevention of SignificantDeterioration) was established as required by the Clean Air Act and applies to all air pollutants regulated under the CAA. SIP Section VIII was codified at R307-110-9 and R307-405, and EPA approved it most recently on July 15, 2011 at 76 FR 41712. On April14, 2011 Utah submitted revisions to R307-405 to incorporate the federal Tailoring Rule provisions that were promulgated on June 3, 2010. EPA has not yet acted upon this submittal.

1April18, 2013



### Section 110(a)(2)(B): Ambient Air Quality Monitoring or Data System Requirement Summary "Each suchplanshall

. ..provide for establishment andoperation of appropriate devices, methods, systems, and procedures necessary to (i) monitor, compile, andanalyze data on ambientair quality, and(ii) upon request, make such data available to theAdministrator." Utah's Infrastructure SIP Section IV (AmbientAirMonitoring Program) outlines Utah's air quality surveillance networkthat meets the provisions of40 CFR Part 58. This section ofthe SIP was codified at R307-110-5, and EPA approved it most recently on June 25, 2003 at 68 FR 37744. Utah prepares an Annual Network Review as required by 40 CFR 58.10. The plan is made available for public comment and is submitted to EPA by July 1st ofeach year. DAQ submits data to EPA's Air Quality System (AQS) as required by 40 CFRPart 58. On June 2, 2010 EPA revised the NAAQS for S02• All sites in Utah are monitoring attainment ofthe revised standard. EPA also modified the monitoring requirements for S02• The number of SOz monitors now required in any Core Based Statistical Area (CBSA) is determined bya Population Weighted Emissions Index (PWEI), and each monitor may be situated so as to satisfy one or more ofthe stated general objectives. ForUtah, this means that only one monitor is required in the Salt Lake City, Utah CBSA. The PWEI is to be re-evaluated every 5 years along with the network assessment cycle. The network established to meet these objectives is to be operational no later than January 1, 2013. Utah's existing network currently exceeds these new requirements.


### Section 11O(a)(2)(C): Programs for Enforcement, PSD, and NSR Requirement Summary "Each suchplanshall

. .. include aprogram toprovide for the enforcement of the measures described in subparagraph (A), andregulation of the modification andconstruction of any stationary source within the areas coveredbytheplan as necessary to assure that national ambientair quality standards are achieved, includingapermitprogram as requiredinparts C andD of this subchapter." Utah's Infrastructure SIP Section I (LegalAuthority) identifies the statutory provisions that allow DAQ to prevent construction, modification oroperation ofany stationary source at any location where emissions from such source will prevent the attainment ormaintenance ofa national standard or interfere with prevention ofsignificant deterioration requirements (See I.A.1.d). SIP Section I was codified at R307-110-2, and EPA most recently approved the SIP on June 25, 2003 at 68 FR 37744. 2Aprill8, 2013

SIP Section II (Review of New andModifiedAirPollution Sources) provides that new or modified sources ofair pollution must submit plans to the Utah Division ofAir Quality and receive approval orders before operating. SIP Section II was codified at R307-110-3, and EPA approved the SIP most recently on June 25, 2003 at 68 FR 37744. The Utah Air Quality Rule R307-401 establishes a minor source permitting program in the state for new and modified sources. R307-401 was most recently approved by EPA on May 5, 1995 at FR 60 FR 22277. SIP Section VIII (Prevention of SignificantDeterioration) was established as required bythe Clean Air Act and applies to all air pollutants regulated under the CAA. SIP Section VIII was codified at R307-110-9 and R307-405, and EPA approved it most recently on July 15,2011 at 76 FR41712. On April 14, 2011 Utah submitted revisions to R307-405 to incorporate the federal Tailoring Rule provisions that were promulgated on June 3, 2010. EPA has not yet acted upon this submittal. Utah's permitting rules require sources to install best available control technology (BACT) for all pollutants, including 

## so2.

Section 11O(a)(2)(D)(i): Interstate Transport Provisions Requirement Summary "Each suchplanshall

... contain adequateprovisions:prohibiting, consistentwith theprovisions of this subchapter, anysource orother type of emissions activity within the state from emitting any airpollutant in amounts which will contribute significantly to nonattainment in, orinterfere with maintenance by, any otherstate with respect to anysuch nationalprimary orsecondary ambientairqualitystandard, or interfere with measures requiredto be includedin the applicable implementationplan for anyotherstate underpart C of this subchapter toprevent significantdeterioration of airquality toprotectvisibility. " Utah's Infrastructure SIP Section VIII (PSD) and Utah Air Quality Rule R307-405 hold new major sources and major source modifications subject to the Prevention ofSignificant Deterioration program outlined at 40 CFR 51.166. SIP Section VIII was codified at R307-110-9, and EPA approved it and rule most recently on July 15, 2011 at 76 FR41712. On April14, 2011 Utah submitted revisions to R307-405 to incorporate the federal Tailoring Rule provisions that were promulgated on June 3, 2010. EPA has not yet acted upon this submittal. On November 19, 2012 EPA Assistant Administrator Gina McCarthy issued a memorandum titled Next Steps for PendingRedesignationRequests andState Implementation PlanActions Affectedby the Recent Court Decision Vacating the 2011 Cross-StateAirPollution Rule. This memorandum outlined EPA's intention to abide bythe Court decision that a SIP cannot be 3Aprill8, 2013

deemed deficient for failing to meet the good neighbor obligation in Section 11O(a)(2)(D)(i) of the CAA before the EPA quantifies that obligation. EPA has not yet quantified Utah's good neighbor obligation underthe 2010 S02 standard and therefore Utah's infrastructure SIP is adequate.


### Section 110(a)(2)(D)(ii): Interstate and International Transport Provisions Requirement Summary "Each suchplan shall

. .. contain adequateprovisions insuring compliance with the applicable requirements of sections 115 or 126 (b) that involve 

## so2 emissions (relating to interstate and internationalpollution abatement)." Utah's Infrastructure EPA has not identified any S02 sources in Utah that endanger public health or the welfare ofa foreign country. Therefore, Utah is not subject to Section 115 ofthe Clean Air Act. SIP Section VIII (Prevention of SignificantDeterioration) was established as required by the Clean Air Act and applies to all air pollutants regulated under the CAA. In accordance with 40 CFR 51.166(q)(2)(iv), SIP Section VIII requires the Director to notify neighboring states of potential impacts from new major sources ormajor modifications ofS02• SIP Section VIII was codified at R307-110-9 and R307-405, and EPA approved it most recently on July 15, 2011 at 76 FR41712. On April14, 2011 Utah submitted revisions to R307-405 to incorporate the federal Tailoring Rule provisions that were promulgated on June 3, 2010. EPA has not yet acted upon these revisions. The PSD SIP and R307-405 contain adequate provisions to be in compliance with Section 126 ofthe Clean Air Act. SIP Section XX (Regional Haze) determined that sources in Utah do not interfere with visibility plans developed by other states. Utah consulted with other states in the Western Regional Air Partnership and reductions in emissions from Utah were included in the regional visibility modeling. Authority for this section is located in Section 19-2-104, UCA. SIP Section XX was codified at R307-110-28. EPA signed a notice to approve the majority ofUtah's Regional Haze plan in December 2012, but has not yet published this final action in the FR. In the same action, EPA disapproved the Best Available Retrofit Technology (BART) determinations for NOx and PM for four subject to BART Electric Generating Units (EGUs). UDAQ is currently preparing a new 5-Factor BART analysis for these four EGUs to address the deficiencies identified in EPA disapproval.

4Aprill8, 2013



### Section 110(a)(2)(E)(i): Adequate Personnel, Funding, and Authority Requirement Summary "Each suchplanshall

. ..provide: (i) necessary assurances that the state (or, exceptwhere the Administratordeems inappropriate, the generalpurpose localgovernment orgovernments, ora regional agency designatedbythe state orgeneralpurpose localgovernments for suchpurpose) willhave adequate personnel,funding, andauthority under state (and, as appropriate, local) law to carry outsuch implementationplan (and is notprohibitedby anyprovision of federal orstate lawfrom carrying outsuch implementationplan orportion thereof)"

Utah's Infrastructure SIP Section V (Resources) commits to implement program activities in relation to resources provided bythe annual State or EPA Agreement and Section105 grant applications. SIP Section V (Resources) was codified at R307-110-6, and EPA approved it most recently on June 25,2003 at 68 FR 37744. Utah Air Quality Rule R307-414, Permits: Fees forApproval Orders, requires the owner and operator ofeach new major source or major modification to pay a fee sufficient to cover the reasonable costs ofreviewing and acting upon the notice ofintent and implementing and enforcing requirements placed on such source by any approval order issued.


### Section 110(a)(2)(E)(ii): Adequate Personnel, Funding, and Authority Requirement Summary "Each suchplanshall

. ..provide

...(ii) requirements that the state comply with the requirements respectingstate boards undersection 128." Utah's Infrastructure SIP Section I (LegalAuthority) identifies the statutory provisions that implement the provisions ofSection 128 ofthe Clean Air Act respecting State Boards (See I.A.1.g). SIP Section I was codified at R307-110-2, and EPA approved it mostrecently on June 25, 2003 at 68 FR 37744. Authority for SIP Section I is located at Section 19-2-104, UCA.


### Section 110(a)(2)(E)(iii): Adequate Personnel, Funding, and Authority Requirement Summary "Each suchplanshall

. ..provide

... (iii) necessaryassurances that, where the state has relied on a local orregionalgovernment, agency, or instrumentality for the implementation of anyplan provision, the state has responsibility for ensuringadequate implementation of suchplan 5April18, 2013

provision. " Utah's Infrastructure SIP Section VI (Intergovernmental Cooperation) lists federal, state, and local agencies involved in protecting air quality in Utah. SIP Section VI was codified at R307-110-7, and EPA approved it most recently on June 25, 2003 at 68 FR 37744.


### Section 11O(a)(2)(F): Stationary Source Monitoring and Reporting Requirement Summary "Each suchplanshall

... require, as may beprescribedby theAdministrator: (i) the installation, maintenance, andreplacement of equipment, andthe implementation of other necessarysteps, by owners oroperators of stationarysources to monitor emissions from such sources, (ii)periodic reports on the nature andamounts of emissions andemissions-relateddata from such source (iii) correlation of such reports bythe state agencywith any emission limitations orstandards established pursuant to this chapter, which reports shall be available at reasonable times for public inspection." Utah's Infrastructure SIP Section III (Source Surveillance) describes Utah's programs to monitor sources, including emission inventories, plant inspections, and emission testing. SIP Section III is codified at R307-110-4, and EPA approved it most recently on June 25, 2003 at 68 FR 37744. R307-150 requires sources to submit periodic emission inventories for criteria pollutants and their precursors and hazardous pollutants. R307-150 was most recently approved by EPA on July 17, 1997,62 FR 38215. Utah has submitted numerous changes to the inventory rule since that date to incorporate new federal requirements, such as the Consolidated Emission Reporting Rule (CERR), and EPA has not yet acted on any ofthese submittals. R307-165 requires sources to conduct periodic tests to assure compliance with the emissions limitations established in approval orders orthe SIP. R307-165 was most recently approved by EPA on February 14, 2006 at 71 FR 7679. R307-170 requires certain large sources to install and maintain continuous emission monitors to assure compliance with emission limitations established in approval orders and the SIP. R307-170 was most recently approved by EPA on September 2, 2008,73 FR 51222. SIP Section II (Review of New andModifiedAirPollution Sources) provides that new or 6April18, 2013

modified sources ofair pollution must submit plans to the Utah Division ofAir Quality and receive approval orders before operating. SIP Section II was codified at R307-110-3, and EPA approved it most recently on June 25, 2003 at 68 FR 37744. The Utah Air Quality Rule R307-401 establishes a minor source permitting program in the state for new and modified sources. R307-401 was most recently approved by EPA on May 5, 1995 at FR 60 FR22277. SIP Section VIII (Prevention of SignificantDeterioration) was established as required bythe Clean Air Act and applies to all air pollutants regulated under the CAA. SIP Section VIII was codified at R307-110-9 and R307-405, and EPA approved it most recently on July 15, 2011 at 76 FR41712. On April 14, 2011 Utah submitted revisions to R307-405 to incorporate the federal Tailoring Rule provisions that were promulgated on June 3, 2010. EPA has not yet acted upon this submittal.


### Section 11O(a)(2)(G): Emergency Episodes Requirement Summary "Each suchplanshallprovide for authority comparable to that in section 303 of this title and adequate contingencyplans to implement such authority." Utah's Infrastructure SIP Section I (LegalAuthority) identifies the statutory provisions to abate pollutant emissions on an emergency basis to prevent substantial endangerment to the health ofpersons (See I.A.1.g). The legal authority to implement SIP Section I is contained in the Utah Air Conservation Act Section 19-2-112. SIP Section I was codified at R307-110-2, and EPA approved it most recently on June 25, 2003 at 68 FR 37744. SIP Section VII (Prevention of AirPollution EmergencyEpisodes) provides the basis for taking action to prevent air pollutant concentrations from reaching levels which could endanger the public health or to abate such concentrations should they occur. The legal authority to implement SIP Section VII is contained in the Utah Air Conservation Act Section 19-2-112. SIP Section VII was codified at R307-110-8, and EPA approved it most recently on June 25,2003 at 68 FR 37744.


### Section 110(a)(2)(H): Future SIP revisions Requirement Summary "Each suchplanshall

...provide for revision of suchplan-- (i)from time to time as may be necessary to take account of revisions of such nationalprimary orsecondaryambientair qualitystandardorthe availability of improvedormore expeditious methods of attaining such standard, and 7Aprill8, 2013

(ii) except asprovidedinparagraph (3)(C), whenever theAdministrator finds on the basis of information available to theAdministrator that theplan is substantially inadequate to attain the nationalambient air quality standardwhich it implements orto otherwise comply with any additional requirements establishedunder this chapter (CAA)." Utah's Infrastructure SIP Section I (LegalAuthority) identifies the statutory provisions that allow the Utah Division of Air Quality to revise its plans to take account ofrevisions ofnational ambient air quality standard and to adopt expeditious methods ofattaining and maintaining such standard (See I.A.1.a). The legal authority to implement SIP Section I is contained in the Utah Air Conservation Act Section 19-2-112. SIP Section I was codified at R307-110-2, and EPA approved it most recently on June 25, 2003 at 68 FR 37744.


### Section 11O(a)(2)(J): Consultation with Government Officials Requirement Summary "meet the applicable requirements of section 121 (relating to consultation)" Utah's Infrastructure SIP Section I (LegalAuthority) adopts requirements for transportation consultation (Section 174, Clean AirAct) (See I.A.2). SIP Section I was codified at R307-110-2, and EPA approved it most recently on June 25, 2003 at 68 FR 37744. SIP Section VI (Intergovernmental Cooperation) provides a listing offederal, state, and local agencies involved in protecting air quality in Utah. SIP Section VI was codified at R307-110-7, and EPA approved it most recently on June 25, 2003 at 68 FR 37744. SIP Section XII (Transportation Conformity Consultation) establishes the consultation procedures on transportation conformity issues when preparing state plans. SIP Section XII was codified at R307-110-20, and EPA approved it most recently on September 2, 2008 at 73 FR 51222.


### Section 110(a)(2)(J): Public Notification Requirement Summary "meet the applicable requirements of section 127of this title (relating topublic notification)" Utah's Infrastructure SIP Section XVI (Public Notification) includes provisions to notify the public when NAAQS have been exceeded as per Section 127 ofthe CAA. SIP Section XVI was codified at 8Aprill8, 2013

R307-110-24, and EPA last approved it on June 25,2003 at 68 FR 37744.



### Section 110(a)(2)(J): PSD and Visibility Protection Requirement Summary "meet the applicable requirements of

... part C (relating toprevention of significant deterioration of airquality andvisibilityprotection)" Utah's Infrastructure SIP Section VIII (PSD) describes the program to prevent significant deterioration ofareas ofthe state where the air is clean. SIP Section VIII was codified at R307-110-9 and R307-405, and EPA approved SIP Section VIII and R307-405 most recently on July 15, 2011 at 76 FR 41712. Utah has also submitted further revisions to R307-405 to incorporate the federal Tailoring Rule provisions that were promulgated on June 3, 2010, and EPA has not yet acted on these revisions. SIP Section XVII (Visibility Protection) describes the program to protect visibility, especially within the boundaries ofthe five national parks located in Utah. Authority for this section is located in Sections 19-2-101 and 104, UCA. SIP Section XVII was codified at R307-110-25, and EPA approved it most recently on June 25, 2003 at 68 FR 37744. SIP Section XX (RegionalHaze) addresses the requirements in Part C ofthe CAA relating to regional haze. The SIP was based on the recommendations ofthe Grand Canyon Visibility Transport Commission established by Section 169B(f) ofthe CAA. Authority for this section is located in Section 19-2-104, UCA. SIP Section XX was codified at R307-110-28. EPA signed a notice to approve the majority ofUtah's Regional Haze plan in December 2012, but has not yet published this final action in the FR. Inthe same action, EPA disapproved the Best Available Retrofit Technology (BART) determinations for NOx and PM for four subject to BARTElectric Generating Units (EGUs). UDAQ is currently preparing a new 5-Factor BART analysis for these four EGUs to address the deficiencies identified in EPA disapproval.


### Section 110(a)(2)(K): Air Quality Modeling or Data Requirement Summary "Each suchplanshall

. ..providefor-- (i) theperformance of such air quality modelingas the Administratormayprescribe for thepurpose of predictingthe effect onambient airquality of any emissions of any airpollutant for which theAdministratorhas establisheda national ambientair qualitystandard, and (ii) the submission, upon request, of data relatedto such air quality modeling to the Administrator. " 9April18, 2013

Utah's Infrastructure Utah Air Quality Rule R307-405-13 incorporates the air quality model provisions of40 CFR 52.21(1), which includes the air quality model requirements ofappendix W of40 CFRpart 51. R307-110-9 codifies SIP Section VIII (PSD). EPA approved SIP Section VIII and R307-405 most recently on July 15, 2011 at 76 FR41712. On April14, 2011 Utah submitted revisions to R307-405 to incorporate the federal Tailoring Rule provisions that were promulgated on June 3, 2010. EPA has not yet acted upon this submittal. SIP Section II (Review of New andModifiedAirPollution Sources) provides that new or modified sources ofair pollution must submit plans to the Division ofAir Quality and receive an Approval Order before operating. SIP Section II was codified at R307-110-3, and EPA approved it most recently on June 25, 2003 at 68 FR 37744. R307-410 establishes the procedures and requirements for evaluating the emissions impact of new or modified sources that require an approval order under R307-401. EPA approved R307-410 most recently on July 8, 1994 at 59 FR 35036.


### Section 110(a)(2)(L): Permitting Fees Requirement Summary "Each suchplanshall require the owneroroperator of each majorstationarysource topayto thepermitting authority, as a condition of anypermit requiredunder this chapter, afee sufficient to cover-- (i) the reasonable costs of reviewing andacting upon anyapplication for such apermit, and (ii) 

## if the owner oroperator receives apermit for such source, the reasonable costs of implementingandenforcing the terms andconditions of anysuchpermit (not includinganycourt costs orother costs associatedwith any enforcement action), until such fee requirement is supersededwith respect to suchsources bytheAdministrator's approval of afeeprogram under subchapter (title) Vof this chapter." Utah's Infrastructure SIP Section I (LegalAuthority) identifies the statutory authority to charge a fee to major sources to cover permit and enforcement expenses (See I.A.l.h). SIP Section I was codified at R307-10-2, and EPA approved it most recently on June 25, 2003 at 68 FR 37744. Utah Air Quality Rule R307-414, Permits: Fees forApproval Orders, requires the owner and operator ofeach new major source ormajor modification to pay a fee sufficientto cover the reasonable costs ofreviewing and acting upon the notice ofintent and implementing and enforcing requirements placed on such source by any approval order issued. EPA approved R307-414 most recently on February 14, 2006 at 71 FR 7679. 10April18, 2013

Utah's Title V Operating Permits Program (R307-415) was approved by EPA on June 8, 1995 at 60 FR 30192.


### Section 110(a)(2)(M): Consultation or Participation 

### by Affected Local Entities Requirement Summary "Each suchplanshall

...provide for consultation and participation by localpolitical subdivisions affectedbytheplan. " Utah's Infrastructure SIP Section VI (Intergovernmental Cooperation) lists federal, state, and local agencies involved in protecting air quality in Utah. SIP Section VI was codified at R307-110-7, and EPA approved it most recently on June 25, 2003 at 68 FR 37744. SIP Section XII (Transportation Conformity Consultation) establishes the consultation procedures on transportation conformity issues when preparing state plans. SIP Section XII was codified at R307-110-2, and EPA approved it most recently on September 2, 2008 at 73 FR 51222.

11

### •

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Acct. Exec mfultz Total Amount PaymentAmt $57.08 $0.00 Tear Sheets Proofs 0 Affidavits Amount Due Payment Method Confinnation Notes: Text: Shirlie Ad Type Legal Liner Product Salt Lake Tribune:: Scheduled Date(s): Product Deseret News:: Scheduled Date(s): Product sltrib.com:: Scheduled Date(s): Product utahlegals.com:: Scheduled Date(s):

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