Department of 

Environmental Quality 

Dianne R. Nielson, Ph.D. 

Executive Director 

DIVISION OF AIR QUALITY 

Richard W. Sprott 

Director 

September 15, 2006 

JON M. HUNTSMAN, JR. 

Governor 

GARY HERBERT 

Lieutenant Governor 

Richard Long, Director 

Air and Radiation Program 

US EPA Region VITI 8P-AR 

999 18th Street, Suite 300 

Denver, CO 80202-2466 

Dear Mr. Long: 

DAQP-048A-06 

Enclosed are five copies of Administrative Documentation for the revision of Utah's permitting 

rules that were submitted by Governor Huntsman on September 15, 2006. 

If you have questions, you can reach me at (801) 536-4022. I look forward to working with you 

and your staff toward early approval of this submittal. 

Enclosures 

ISO North 1950 West • PO Box 144820 • Salt Lake City, UT 84114-4820 • phone (801) 536-4000 • fax (801) 536-4099 

T.D.D. (801) 536-4414 • www.deq.utah.gov 
JON M. HUNTSMAN, JR. 

Gowmor 

GARY R. HERBERT 

LieulelliUII Governor 

Office of the Governor 

Robert E. Roberts, Regional Administrator 

US EPA Region 8 

Mail Code 8-RA 

999 18th Street, Suite 300 

Denver, Colorado 80202-2466 

Dear Mr. Roberts: 

August2006 

(\QceJ 

SEP 1 8 2006 

This letter serves to respectfully request that you approve changes in Utah's permitting 

rules that are set forth in the enclosed rules. The rules are R307-401, R307-101-2, and R307-

41 0. These rules were amended as part of the process of implementing the new federal New 

Source Review reform requirements. 

Supporting documentation is being submitted by the Utah Division of Air Quality. If 

you have questions about this request, you may call Richard W. Sprott, Director of the Utah 

Division of Air Quality, at (801) 536-4022. 

Sincere:y/ __,---- A 

t\.,..1~,. 

Uon M. Huntsman, Jr. 

Governor 

Enclosures 

East Capitol Complex Building, Suite E220, Salt Lake City, Utah 84114 
UTAH 

Administrative Documentation 

NSRRules 

R307-101-2, Definitions; R307-401 Permit: Notice of Intent and Approval Order; R307-410: 

Permit: Emissions Impact Analysis 

State of Utah 

Department of Environmental Quality 

Division of Air Quality 

150 N. 1950 West 

P.O. Box 144820 

Salt Lake City, Utah 84114-4820 

801-536-4000 

September 2006 
NSR Update 

R307-101-2, Definitions~ R307-401 Permit: Notice of Intent and Approval Order; R307-410: 

Legal Authority 

Permit: Emissions Impact Analysis 

ADMINISTRATIVE DOCUMENTATION 

Table of Contents 

Utah Code Title 19, Chapter 2, Air Conservation Act ........................................................................................ 1 

Utah Code Title 63, Chapter 46a, Administrative Rule making Act ................................................................... 19 

Utah Administrative Code, R15, Administrative Rules ..................................................................................... 28 

Proposed for Public Comment 

R307-101-2: DAR Bulletin (December 1, 2005) Rule Analysis Form, DAR #28319 ................................... P- 1 

Text of rule ....................................................................................................................... P - 2 

R307-401: DAR Bulletin (December 1, 2005) Rule Analysis Form, DAR #28325 ...................................... P- 7 

Text of rule ....................................................................................................................... P - 8 

R07-410: DAR Bulletin (December 1, 2005) Rule Analysis Form, DAR #28323 ...................................... P- 18 

Text of rule ..................................................................................................................... P- 19 

Public Hearing 

Affidavit of newspaper notice ......................................................................................................................... H - 1 

Hearing statements and rosters ........................................................................................................................ H - 2 

Change in Proposed Rule 

R307-401: DAR Bulletin (April1, 2006) Rule Analysis Form, DAR# 228325 .......................................... C- 1 

Text of rule ...................................................................................................................... C - 1 

R307 R07-410: DAR Bulletin (April!, 2006) Rule Analysis Form, DAR #28323 ..................................... C- 5 

Textofrule ...................................................................................................................... C-6 

Effective Rule 

Certified text, R307-101-2 (DAR #28319) ..................................................................................................... E- 1 

Certified text, R307-401 (DAR #28325) ...................................................................................................... E- 10 

Certified text, R307-410 (DAR #28323) ...................................................................................................... E- 17 

DAR Bulletin (July 15, 2006) Effective Date Notice ................................................................................... E- 22 

Certification 
Codes 
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TITLE 19 

ENVIRONMENTAL QUALITY CODE 

Chapter 2 

Air Conservation Act 

Last amended April 22, 2005 

19-2-101. Short title - Policy of state and purpose of chapter •• Support of local and 

regional programs-· Provision of coordinated statewide program. ( 1) This chapter is known 

as the 11 Air Conservation Act. II 

(2) It is the policy of this state and the purpose of this chapter to achieve and maintain levels of 

air quality which will protect human health and safety, and to the greatest degree practicable, 

prevent injury to plant and animal life and property, foster the comfort and convenience of the 

people, promote the economic and social development of this state, and facilitate the enjoyment 

of the natural attractions of this state. 

(3) Local and regional air pollution control programs shall be supported to the extent 

practicable as essential instruments to secure and maintain appropriate levels of air quality. 

( 4) The purpose of this chapter is to: 

(a) provide for a coordinated statewide program of air pollution prevention, abatement, and 

control; 

(b) provide for an appropriate distribution of responsibilities among the state and local units of 

government; 

(c) facilitate cooperation across jurisdictional lines in dealing with problems of air pollution 

not confined within single jurisdictions; and 

(d) provide a framework within which air quality may be protected and consideration given to 

the public interest at all levels of planning and development within the state. 

19-2-102. Definitions. As used in this chapter: 

(1) "Air contaminant" means any particulate matter or any gas, vapor, suspended solid, or any 

combination of them, excluding steam and water vapors. 

(2) "Air contaminant source" means all sources of emission of air contaminants whether 

privately or publicly owned or operated. 

(3) "Air pollution" means the presence in the ambient air of one or more air contaminants in 

the quantities and duration and under conditions and circumstances as is or tends to be injurious 

to human health or welfare, animal or plant life, or property, or would unreasonably interfere with 

the enjoyment of life or use of property, as determined by the rules adopted by the board. 

(4) "Ambient air" means the surrounding or outside air. 

(5) "Asbestos" means the asbestiform varieties of serpentine (chrysotile), riebeckite 

( crocidolite ), cummingtonite-grunerite, anthophyllite, and actinolite-tremolite. 

(6) "Asbestos-containing material" means any material containing more than 1% asbestos, as 

determined using the method adopted in 40 CFR Part 61, Subpart M, National Emission Standard 

for Asbestos. 

(7) "Asbestos inspection" means an activity undertaken to determine the presence or location, 

or to assess the condition of, asbestos-containing material or suspected asbestos-containing 

material, whether by visual or physical examination. or by taking samples of the material. 

(8) (a) "Board" means the Air Quality Board. 

(b) "Board" means, as used in Sections 19-2-123 through 19-2-126, the Air Quality Board or 

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the Water Quality Board. 

(9) "Executive secretary" means the executive secretary of the board. 

{10) (a) "Facility" means machinery, equipment, structures, or any part or accessories of them, 

installed or acquired for the primary purpose of controlling or disposing of air pollution. 

(b) "Facility" does not include an air conditioner, fan, or other similar facility for the comfort 

of personnel. 

( 11) "Friable asbestos-containing material" means any material containing more than 1% 

asbestos, as determined using the method adopted in 40 CFR Part 61, Subpart M, National 

Emission Standard for Asbestos, that hand pressure can crumble, pulverize, or reduce to powder 

when dry. 

(12) "Indirect source" means a facility, building, structure, or installation which attracts or 

may attract mobile source activity that results in emissions of a pollutant for which there is a 

national standard. 

(13) (a) "Pollution control facility" or "facility" means, as used in Sections 19-2-123 through 

19-2-126, any land, structure, building, installation, excavation, machinery, equipment, or device, 

or any addition to, reconstruction, replacement or improvement of, land or an existing structure, 

building, installation, excavation, machinery, equipment, or device reasonably used, erected, 

constructed, acquired, or installed by any person if the primary purpose of the use, erection, 

construction, acquisition, or installation is the prevention, control, or reduction of air or water 

pollution by: 

(i) the disposal or elimination of or redesign to eliminate waste and the use of treatment works 

for industrial waste as defined in Title 19, Chapter 5, Water Quality Act; or 

(ii) the disposal, elimination, or reduction of or redesign to eliminate or reduce air 

contaminants or air pollution or air contamination sources and the use of air cleaning devices. 

(b) "Pollution control facility" or "facility" does not include air conditioners, septic tanks, or 

other facilities for human waste; nor any property installed, constructed, or used for the moving of 

sewage to the collection facilities of a public or quasi-public sewerage system. 

19-2-103. Members of board-- Appointment-- Terms-- Organization-- Per diem and 

expenses. ( 1) The board comprises 11 members, one of whom shall be the executive director and 

ten of whom shall be appointed by the governor with the consent of the Senate. 

(2) The members shall be knowledgeable of air pollution matters and shall be: 

(a) a practicing physician and surgeon licensed in the state not connected with industry; 

(b) a registered professional engineer who is not from industry; 

(c) a representative from municipal government; 

(d) a representative from county government; 

(e) a representative from agriculture; 

(f) a representative from the mining industry; 

(g) a representative from manufacturing; 

(h) a representative from the fuel industry; and 

(i) two representatives of the public not representing or connected with industry, at least one of 

whom represents organized environmental interests. 

(3) No more than five of the appointed members shall belong to the same political party. 

( 4) The majority of the members may not derive any significant portion of their income from 

persons subject to pennits or orders under this chapter. Any potential conflict of interest of any 

member or the executive secretary, relevant to the interests of the board, shall be adequately 

disclosed. 

(5) Members serving on the Air Conservation Committee created by Chapter 126, Laws of 

Utah 1981, as amended, shall serve as members of the board throughout the tenns for which they 

were appointed. 

(6) (a) Except as required by Subsection (6)(b), members shall be appointed for a term of four 

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years. 

(b) Notwithstanding the requirements of Subsection (6)(a), the governor shall, at the time of 

appointment or reappointment, adjust the length of terms to ensure that the terms of board 

members are staggered so that approximately half of the board is appointed every two years. 

(7) Members may serve more than one term. 

(8) Members shall hold office until the expiration of their terms and until their successors are 

appointed. but not more than 90 days after the expiration of their terms. 

(9) When a vacancy occurs in the membership for any reason, the replacement shall be 

appointed for the unexpired term. 

( 10) The board shall elect annually a chair and a vice chair from its members. 

(11) (a) The board shall meet at least quarterly, and special meetings may be called by the 

chair upon his own initiative, upon the request of the executive secretary, or upon the request of 

three members of the board. 

(b) Three days' notice shall be given to each member of the board prior to any meeting. 

(12) Six members constitute a quorum at any meeting, and the action of a majority of members 

present is the action of the board. 

(13) (a) (i) Members who are not government employees shall receive no compensation or 

benefits for their services, but may receive per diem and expenses incurred in the performance of 

the member's official duties at the rates established by the Division of Finance under Sections 

63A·3-106 and 63A-3-107. 

(ii) Members may decline to receive per diem and expenses for their service. 

(b) (i) State government officer and employee members who do not receive salary, per diem, 

or expenses from their agency for their service may receive per diem and expenses incurred in the 

performance of their official duties from the board at the rates established by the Division of 

Finance under Sections 63A-3-106 and 63A·3·107. 

(ii) State government officer and employee members may decline to receive per diem and 

expenses for their service. 

(c) (i) Local government members who do not receive salary, per diem, or expenses from the 

entity that they represent for their service may receive per diem and expenses incurred in the 

performance of their official duties at the rates established by the Division of Finance under 

Sections 63A-3-106 and 63A-3-107. 

(ii) Local government members may decline to receive per diem and expenses for their 

service. 

19·2-104. Powers of board. (1) The board may make rules in accordance with Title 63, Chapter 

46a, Utah Administrative Rulemaking Act: 

(a) regarding the control, abatement, and prevention of air pollution from all sources and the 

establishment of the maximum quantity of air contaminants that may be emitted by any air 

contaminant source; 

(b) establishing air quality standards; 

(c) requiring persons engaged in operations which result in air pollution to: 

(i) install, maintain, and use emission monitoring devices, as the board finds necessary; 

(ii) file periodic reports containing information relating to the rate, period of emission, and 

composition of the air contaminant; and 

(iii) provide access to records relating to emissions which cause or contribute to air pollution; 

(d) implementing 15 U.S.C.A. 2601 et seq. Toxic Substances Control Act, Subchapter llAsbestos Hazard Emergency Response, and reviewing and approving asbestos management plans 

submitted by local education agencies under that act; 

(e) establishing a requirement for a diesel emission opacity inspection and maintenance 

program for diesel-powered motor vehicles; 

(f) implementing an operating permit program as required by and in conformity with Titles IV 

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and V of the federal Clean Air Act Amendments of 1990; 

(g) establishing requirements for county emissions inspection and maintenance programs after 

obtaining agreement from the counties that would be affected by the requirements; 

(h) with the approval of the governor, implementing in·air quality nonattainment areas 

employer-based trip reduction programs applicable to businesses having more than 100 

employees at a single location and applicable to federal, state, and local governments to the extent 

necessary to attain and maintain ambient air quality standards consistent with the state 

implementation plan and federal requirements under the standards set forth in Subsection (2); and 

(i) implementing lead-based paint remediation training, certification, and performance 

requirements in accordance with 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act, 

Subchapter IV -- Lead Exposure Reduction, Sections 402 and 406. 

(2) When implementing Subsection (l)(h) the board shall take into consideration: 

(a) the impact of the business on overall air quality; and 

(b) the need of the business to use automobiles in order to carry out its business purposes. 

(3) The board may: 

(a) hold hearings relating to any aspect of or matter in the administration of this chapter and 

compel the attendance of witnesses and the production of documents and other evidence, 

administer oaths and take testimony, and receive evidence as necessary; 

(b) issue orders necessary to enforce the provisions of this chapter, enforce the orders by 

appropriate administrative and judicial proceedings, and institute judicial proceedings to secure 

compliance with this chapter; 

(c) settle or compromise any civil action initiated to compel compliance with this chapter and 

the rules made under this chapter, 

(d) secure necessary scientific, technical, administrative, and operational services, including 

laboratory facilities, by contract or otherwise; 

(e) prepare and develop a comprehensive plan or plans for the prevention, abatement, and 

control of air pollution in this state; 

(t) encourage voluntary cooperation by persons and affected groups to achieve the purposes of 

this chapter; 

(g) encourage local units of government to handle air pollution within their respective 

jurisdictions on a cooperative basis and provide technical and consultative assistance to them; 

(h) encourage and conduct studies, investigations, and research relating to air contamination 

and air pollution and their causes, effects, prevention, abatement, and control; 

(i) determine by means of field studies and sampling the degree of air contamination and air 

pollution in all parts of the state; 

(j) monitor the effects of the emission of air contaminants from motor vehicles on the quality 

of the outdoor atmosphere in all parts of this state and take appropriate action with respect to 

them; 

(k) collect and disseminate information and conduct educational and training programs 

relating to air contamination and air pollution; 

(1) advise, consult, contract, and cooperate with other agencies of the state, local governments, 

industries, other states, interstate or interlocal agencies, the federal government, and with 

interested persons or groups; 

(m) consult, upon request, with any person proposing to construct, install, or otherwise acquire 

an air contaminant source in the state concerning the efficacy of any proposed control device, or 

system for this source, or the air pollution problem which may be related to the source, device, or 

system, but a consultation does not relieve any person from compliance with this chapter, the 

rules adopted under it, or any other provision of law; 

(n) accept, receive, and administer grants or other funds or gifts from public and private 

agencies, including the federal government, for the pwpose of carrying out any of the functions 

of this chapter; 

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(o) require the owner and operator of each new source which directly emits or has the potential 

to emit 100 tons per year or more of any air contaminant or the owner or operator of each existing 

source which by modification will increase emissions or have the potential of increasing 

emissions by 100 tons per year or more of any air contaminant, to pay a fee sufficient to cover the 

reasonable costs of: 

(i) reviewing and acting upon the notice required under Section 19-2-108~ and 

(ii) implementing and enforcing requirements placed on the sources by any approval order 

issued pursuant to notice, not including any court costs associated with any enforcement action~ 

(p) assess and collect noncompliance penalties as required in Section 120 of the federal Clean 

Air Act, 42 U.S.C. Sec. 7420~ 

(q) meet the requirements of federal air pollution laws~ 

(r) establish work practice, certification, and clearance air sampling requirements for persons 

who: 

(i) contract for hire to conduct demolition, renovation, salvage, encapsulation work involving 

friable asbestos-containing materials, or asbestos inspections~ or 

(ii) conduct work described in Subsection (3Xr)(i) in areas to which the general public has 

unrestrained access or in school buildings that are subject to the federal Asbestos Hazard 

Emergency Response Act of 1986~ 

(iii) conduct asbestos inspections in facilities subject to 15 U.S.C.A. 2601 et seq., Toxic 

Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response; or 

(iv) conduct lead paint inspections in facilities subject to 15 U.S.C.A. 2601 et seq., Toxic 

Substances Control Act, Subchapter IV -- Lead Exposure Reduction; 

(s) establish certification requirements for persons required under 15 U.S.C.A. 2601 et seq., 

Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response, to be 

accredited as inspectors, management planners, abatement project designers, asbestos abatement 

contractors and supervisors, or asbestos abatement workers; 

(t) establish certification requirements for asbestos project monitors, which shall provide for 

experience-based certification of persons who, prior to establishment of the certification 

requirements, had received relevant asbestos training, as defined by rule, and had acquired at least 

1,000 hours of experience as project monitors; 

(u) establish certification procedures and requirements for certification of the conversion of a 

motor vehicle to a clean-fuel vehicle, certifying the vehicle is eligible for the tax credit granted in 

Section 59-7-605 or 59-10-127; 

(v) establish a program to certify private sector air quality permitting professionals (AQPP), as 

described in Section 19-2-109.5; and 

(w) establish certification requirements for persons required under 15 U.S.C.A. 2601 et seq., 

Toxic Control Act, Subchapter IV --Lead Exposure Reduction, to be accredited as inspectors, 

risk assessors, supervisors, project designers, or abatement workers. 

( 4) Any rules adopted under this chapter shall be consistent with provisions of federal laws, if 

any, relating to control of motor vehicles or motor vehicle emissions. 

(5) Nothing in this chapter authorizes the board to require installation of or payment for any 

monitoring equipment by the owner or operator of a source if the owner or operator has installed 

or is operating monitoring equipment that is equivalent to equipment which the board would 

require under this section. 

19-2-105. Duties of board. The board, in conjunction with the governing body of each county 

identified in Section 41-6a-1643 and other interested parties, shall perform an evaluation of the 

inspection and maintenance program developed under Section 41-6&-1643 including issues 

relating to: 

(1) the implementation of a standardized inspection and maintenance program; 

(2) out-of-state registration of vehicles used in Utah; 

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(3) out-of-county registration of vehicles used within the areas required to have an inspection 

and maintenance program; 

( 4) use of the farm truck exemption; 

(5) mechanic training programs; 

(6) emissions standards; and 

(7) emissions waivers. 

19-2-106. Rulemaking authority and procedure. (I) Except as provided in Subsection (2), no 

rule which the board makes for the purpose of administering a program under the federal Clean 

Air Act may be more stringent than the corresponding federal regulations which address the same 

circumstances. In making rules, the board may incorporate by reference corresponding federal 

regulations. 

(2) The board may make rules more stringent than corresponding federal regulations for the 

purpose described in Subsection ( 1 }, only if it makes a written fmding after public comment and 

hearing and based on evidence in the record, that corresponding federal regulations are not 

adequate to protect public health and the environment of the state. Those findings shall be 

accompanied by an opinion referring to and evaluating the public health and environmental 

information and studies contained in the record which form the basis for the board's conclusion. 

19-2-107. Executive secretary·· Appointment-- Powers. (1) The executive secretary shall be 

appointed by the executive director, with the approval of the board, and shall serve under the 

administrative direction of the executive director. 

(2) The executive secretary may: 

(a) develop programs for the prevention, control, and abatement of new or existing air 

pollution resources of the state; 

(b) advise, consult, and cooperate with other agencies of the state, the federal government, 

other states and interstate agencies, and with affected groups, political subdivisions, and 

industries in furtherance of the purposes of this chapter; 

(c) employ full-time employees necessary to carry out this chapter; 

(d) as authorized by the board, subject to the provisions of this chapter, authorize any 

employee or representative of the department to enter at reasonable time and upon reasonable 

notice in or upon public or private property for the purposes of inspecting and investigating 

conditions and plant records concerning possible air pollution; 

(e) encourage, participate in, or conduct studies, investigations, research, and demonstrations 

relating to air pollution and causes of it as advisable and necessary for the discharge of duties 

assigned under this chapter, including the establishment of inventories of pollution sources; 

(f) collect and disseminate information relating to air pollution and the prevention, control, and 

abatement of it; 

(g) as authorized by the board subject to the provisions of this chapter, enforce rules through 

the issuance of orders, including: 

(i) prohibiting or abating discharges of wastes affecting ambient air; 

(ii) requiring the construction of new control facilities or any parts of new control facilities or 

the modification, extension, or alteration of existing control facilities or any parts of new control 

facilities; or 

(iii) the adoption of other remedial measures to prevent, control, or abate air pollution; 

(h) review plans, specifications, or other data relative to pollution control systems or any part 

of the systems provided in this chapter; 

(i) as authorized by the board, subject to the provisions of this chapter, exercise all incidental 

powers necessary to carry out the purposes of this chapter, including certification to any state or 

federal authorities for tax purposes the fact of construction, installation, or acquisition of any 

facility, land, building, machinery, or equipment or any part of them, in conformity with this 

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chapter; 

(j) cooperate with any person in studies and research regarding air pollution, its control, 

abatement, and prevention; and 

(k) represent the state with the specific concurrence of the executive director in all matters 

pertaining to interstate air pollution, including interstate compacts and similar agreements. 

19-2-108. Notice of construction or modification of instanations required •• Authority of 

executive secretary to prohibit construction •• Hearings •• Limitations on authority of board 

•• Inspections authorized. ( 1) The board shall require that notice be given to the executive 

secretary by any person planning to construct a new installation which will or might reasonably 

be expected to be a source or indirect source of air pollution or to make modifications to an 

existing installation which will or might reasonably be expected to increase the amount of or 

change the character or effect of air contaminants discharged, so that the installation may be 

expected to be a source or indirect source of air pollution, or by any person planning to install an 

air cleaning device or other equipment intended to control emission of air contaminants. 

(2) (a) (i) The executive secretary may require, as a condition precedent to the construction, 

modification, installation, or establishment of the air contaminant source or indirect source, the 

submission of plans, specifications, and other information as he finds necessary to determine 

whether the proposed construction, modification, installation, or establishment will be in accord 

with applicable rules in force under this chapter. 

(ii) Plan approval for an indirect source may be delegated by the executive secretary to a local 

authority when requested and upon assurance that the local authority has and will maintain 

sufficient expertise to insure that the planned installation will meet the requirements established 

by law. 

(b) If within 90 days after the receipt of plans, specifications, or other information required 

under this subsection, the executive secretary determines that the proposed construction, 

installation, or establishment or any part of it will not be in accord with the requirements of this 

chapter or applicable rules or that further time, not exceeding three extensions of 30 days each, is 

required by the board to adequately review the plans, specifications, or other information, he shall 

issue an order prohibiting the construction, installation, or establishment of the air contaminant 

source or sources in whole or in part. 

(3) In addition to any other remedies, any person aggrieved by the issuance of an order either 

granting or denying a request for the construction of a new installation, and prior to invoking any 

such other remedies shall, upon request, in accordance with the rules of the board, be entitled to a 

hearing. Following the hearing, the permit may be affirmed, modified, or withdrawn. 

(4) Any features, machines, and devices constituting parts of or called for by plans, 

specifications, or other information submitted under Subsection (1) shall be maintained in good 

working order. 

(5) This section does not authorize the board to require the use of machinery, devices, or 

equipment from a particular supplier or produced by a particular manufacturer if the required 

performance standards may be met by machinery, devices, or equipment otherwise available. 

(6) (a) Any authorized officer, employee, or representative of the board may enter and inspect 

any property, premise, or place on or at which an air contaminant source is located or is being 

constructed, modified, installed, or established at any reasonable time for the purpose of 

ascertaining the state of compliance with this chapter and the rules adopted under it. 

(b) (i) A person may not refuse entry or access to any authorized representative of the board 

who requests entry for purposes of inspection and who presents appropriate credentials. 

(ii) A person may not obstruct, hamper, or interfere with any inspection. 

(c) If requested, the owner or operator of the premises shall receive a report setting forth all 

facts found which relate to compliance status. 

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19·2·109. Air quality standards·· Hearings on adoption-- Orders of executive secretary--

Adoption of emission control requirements. (1) (a) The board, in adopting standards of quality 

for ambient air, shall conduct public hearings. 

(b) Notice of any public hearing for the consideration, adoption, or amendment of air quality 

standards shall· specify the locations to which the proposed standards apply and the time, date, 

and place of the hearing. 

(c) The notice shall be published at least twice in any newspaper of general circulation in the 

area affected and shall be mailed at least 20 days before the public hearing to the chief executive 

of each political subdivision of the area affected and to other persons the executive secretary has 

reason to believe will be affected by the standards. 

(d) The adoption of air quality standards or any modification or changes to air quality 

standards shall be by order of the executive secretary following fonnal action of the board with 

respect to the standards. 

(e) The order shall be published in a newspaper of general circulation in the area affected. 

(2) (a) The board may establish emission control requirements by rule that in its judgment may 

be necessary to prevent, abate, or control air pollution that may be statewide or may vary from 

area to area, taking into account varying local conditions. 

(b) In adopting these requirements, the board shall give notice and conduct public hearings in 

accordance with the requirements in Subsection (1). 

19-2-109.1. Operating pennit required-- Emissions fee-- Implementation. (1) As used in 

this section and Sections 19-2-109.2 and 19-2-109.3: 

(a) "EPA" means the federal Environmental Protection Agency. 

(b) "1990 Clean Air Act" means the federal Oean Air Act as amended in 1990. 

(c) "Operating permit" means a permit issued by the executive secretary to sources of air 

pollution that meet the requirements of Titles IV and V of the 1990 Clean Air Act. \ 

(d) "Program" means the air pollution operating permit program established under this section ...., 

to comply with Title V of the 1990 Oean Air Act. 

(e) "Regulated pollutant" has the same meaning as defined in Title V of the 1990 Clean Air 

Act and implementing federal regulations. 

(2) (a) A person may not operate any source of air pollution required to have a permit under 

Title V of the 1990 Oean Air Act without having obtained an operating permit from the 

executive secretary under procedures the board establishes by rule. 

(b) A person is not required to submit an operating permit application until the governor has 

submitted an operating permit program to the EPA. 

(c) Any operating permit issued under this section may not become effective until the day after 

the EPA issues approval of the permit program or November 15, 1995, whichever occurs first. 

(3) (a) Operating permits issued under this section shall be for a period of five years unless the 

board makes a written finding, after public comment and hearing, and based on substantial 

evidence in the record, that an operating permit term of less than five years is necessary to protect 

the public health and the environment of the state. 

(b) The executive secretary may issue, modify, or renew an operating permit only after 

providing public notice, an opportunity for public comment, and an opportunity for a public 

hearing. 

(c) The executive secretary shall, in conformity with the 1990 Clean Air Act and 

implementing federal regulations, revise the conditions of issued operating permits to incorporate 

applicable federal regulations in conformity with Section 502(b)(9) of the 1990 Oean Air Act, if 

the remaining period of the permit is three or more years. 

(d) The executive secretary may terminate, modify, revoke, or reissue an operating permit for 

cause. '\ 

(4) (a) The board shall establish a proposed annual emissions fee that conforms with Title V of ..J 

From Website of Utah Legislature Printed Aprill4, 2006 -8-
the 1990 Clean Air Act for each ton of regulated pollutant, applicable to all sources required to 

obtain a permit. The emissions fee established under this section is in addition to fees assessed 

under Section 19-2-108 for issuance of an approval order. 

(b) In establishing the fee the board shall comply with the provisions of Section 63-38-3.2 that 

require a public hearing and require the established fee to be submitted to the Legislature for its 

approval as part of the department's annual appropriations request. 

(c) The fee shall cover all reasonable direct and indirect costs required to develop and 

administer the program and the small business assistance program established under Section 19-

2-109.2. The board shall prepare an annual report of the emissions fees collected and the costs 

covered by those fees under this subsection. 

(d) The fee shall be established uniformly for all sources required to obtain an operating 

permit under the program and for all regulated pollutants. 

(e) The fee may not be assessed for emissions of any regulated pollutant if the emissions 

are already accounted for within the emissions of another regulated pollutant. 

(f) An emissions fee may not be assessed for any amount of a regulated pollutant emitted by 

any source in excess of 4,000 tons per year of that regulated pollutant. 

(5) Emissions fees for the period: 

(a) of July 1, 1992, through June 30, 1993, shall be based on the most recent emissions 

inventory prepared by the executive secretary; 

(b) on and after July 1, 1993, but prior to issuance of an operating permit, shall be based on the 

most recent emissions inventory, unless a source elects prior to July 1, 1992, to base the fee on 

allowable emissions, if applicable for a regulated pollutant. 

(6) After an operating permit is issued the emissions fee shall be based on actual emissions for 

a regulated pollutant unless a source elects, prior to the issuance or renewal of a permit, to base 

the fee during the period of the permit on allowable emissions for that regulated pollutant. 

(7) If the owner or operator of a source subject to this section fails to timely pay an annual 

emissions fee, the executive secretary may: 

(a) impose a penalty of not more than 50% of the fee, in addition to the fee, plus interest on the 

fee computed at 12% annually; or 

(b) revoke the operating permit. 

(8) The owner or operator of a source subject to this section may contest an emissions fee 

assessment or associated penalty in an adjudicative hearing under the Title 63, Chapter 46b, 

Administrative Procedures Act, as provided in this subsection. 

(a) The owner or operator must pay the fee under protest prior to being entitled to a hearing. 

Payment of an emissions fee or penalty under protest is not a waiver of the right to contest the fee 

or penalty under this subsection. 

(b) A request for a hearing under this subsection shall be made after payment of the emissions 

fee and within six months after the emissions fee was due. 

(9) To reinstate an operating permit revoked under Subsection (7) the owner or operator shall 

pay all outstanding emissions fees, a penalty of not more than 50% of all outstanding fees, and 

interest on the outstanding emissions fees computed at 12% annually. 

(10) All emissions fees and penalties collected by the department under this section shall be 

deposited in the General Fund as the Air Pollution Operating Permit Program dedicated credit to 

be used solely to pay for the reasonable direct and indirect costs incurred by the department in 

developing and administering the program and the small business assistance program under 

Section 19-2-109.2. 

(11) Failure of the executive secretary to act on any operating permit application or renewal is 

a fmal administrative action only for the purpose of obtaining judicial review by any of the 

following persons to require the executive secretary to take action on the permit or its renewal 

without additional delay: 

(a) the applicant~ 

From Website of Utah Legislature Printed Aprill4, 2006 -9-
(b) any person who participated in the public comment process; or 

(c) any other person who could obtain judicial review of that action under applicable law. J 

19-2-109.2. Small business assistance program. (1) The board shall establish a small business 

stationary source technical and environmental compliance assistance program that conforms with 

Title V of the 1990 Clean Air Act to assist small businesses to comply with state and federal air 

pollution laws. 

(2) There is created the Compliance Advisory Panel to advise and monitor the program created 

in Subsection (1). The seven panel members are: 

(a) two members who are not owners or representatives of owners of small business stationary 

air pollution sources, selected by the governor to represent the general public; 

(b) four members who are owners or who represent owners of small business stationary 

sources selected by leadership of the Utah Legislature as follows: 

(i) one member selected by the majority leader of the Senate; 

(ii) one member selected by the minority leader of the Senate; 

(iii) one member selected by the majority leader of the House of Representatives; and 

(iv) one member selected by the minority leader of the House of Representatives; and 

(c) one member selected by the executive director to represent the Division of Air Quality, 

Department ofEnvironmental Quality. 

(3) (a) Except as required by Subsection (b), as terms of current panel members expire, the 

department shall appoint each new member or reappointed member to a four-year term. 

(b) Notwithstanding the requirements of Subsection (a), the department shall, at the time of 

appointment or reappointment, adjust the length of terms to ensure that the terms of panel 

members are staggered so that approximately half of the panel is appointed every two years. 

(4) Members may serve more than one term. 

(5) Members shall hold office until the expiration of their terms and until their successors are \. 

appointed, but not more than 90 days after the expiration of their terms. J 

(6) When a vacancy occurs in the membership for any reason, the replacement shall be 

appointed for the unexpired term. 

(7) Every two years, the panel shall elect a chair from its members. 

(8) (a) The panel shall meet as necessary to carry out its duties. Meetings may be called by the 

chair, the executive secretary, or upon written request of three of the members of the panel. 

(b) Three days' notice shall be given to each member of the panel prior to a meeting. 

(9) Four members constitute a quorum at any meeting, and the action of the majority of 

members present is the action of the panel. 

(10) (a) (i) Members who are not government employees shall receive no compensation or 

benefits for their services, but may receive per diem and expenses incurred in the performance of 

the member's official duties at the rates established by the Division of Finance under Sections 

63A-3-106 and 63A-3-107. 

(ii) Members may decline to receive per diem and expenses for their service. 

(b) (i) State government officer and employee members who do not receive salary, per diem. 

or expenses from their agency for their service may receive per diem and expenses incurred in the 

performance of their official duties from the panel at the rates established by the Division of 

Finance under Sections 63A-3-106 and 63A-3-107. 

(ii) State government officer and employee members may decline to receive per diem and 

expenses for their service. · 

(c) Legislators on the committee shall receive compensation and expenses as provided by Jaw 

and legislative rule. 

19-2-109.3. PubHc access to information. A copy of each permit application, compliance plan, 

emissions or compliance monitoring report, certification, and each operating permit issued under 

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this chapter shall be made available to the public in accordance with Title 63, Chapter 2, 

Government Records Access and Management Act. 

19-2-109.5. Private sector air quaHty permitting professionals certification program. (1) As 

used in this section, "AQPP" means an air quality permitting professional. 

(2) The board may establish a program to certify private sector AQPPs, including consultants 

and employees of companies that may seek air quality permits from the division. Any program 

established under this section shall include: 

(a) a training program established and operated by the department, which describes and 

explains the state law and rules regarding the air quality permit application and approval 

procedure under this chapter; 

(b) the requirement to pass an exam to measure qualifications of AQPP applicants; 

(c) an option for certification of an AQPP by passing the exam without undergoing any 

training required under the program; 

(d) an application process, including a fee established under Section 63-38-3.2 that covers the 

costs of the training, testing, and application process and the department's maintenance of a list of 

certified AQPPs; 

(e) certification of qualified AQPP applicants; 

(f) maintenance by the department of a current list of certified AQPPs, which is available to 

the public; and 

(g) procedures for the expedited review by the department of air quality permit applications 

submitted by certified AQPPs; and 

(h) professional standards for AQPPs. 

(3) The board may not require AQPP certification as a condition of preparing or submitting a 

notice of intent or operating permit application under this chapter. 

(4) Any program under this section shall provide for revocation of any certification issued 

under this section if the department determines, through an adminisqative hearing conducted 

under Title 63, Chapter 46b, Administrative Procedures Act, that the AQPP: 

(a) knowingly or negligently submitted false information or data as part of an air quality 

permit application; 

(b) prepared more than three air quality permit applications in one calendar year in a manner 

that each did not substantially comply with department application requirements; 

(c) prepared any air quality permit application in violation of the professional standards 

defmed by department rule. 

19-2-110. Violations·· Notice to violator·· Corrective action orders-- Conference, 

conciliation, and persuasion by board. (1) (a) Whenever the executive secretary has reason to 

believe that a violation of any provision of this chapter or any rule issued under it has occurred, 

he may serve written notice of the violation upon the alleged violator. The notice shall specify the 

provision of this chapter or rule alleged to be violated, the facts alleged to constitute the violation, 

and may include an order that necessary corrective action be taken within a reasonable time. 

(b) In lieu of beginning an adjudicative proceeding under Subsection (lXa), the board may 

initiate an action pursuant to Section 19-2-115. 

(2) Nothing in this chapter prevents the board from making efforts to obtain voluntary 

compliance through warning, conference, conciliation, persuasion, or other appropriate means. 

(3) Hearings may be held before: 

(a) the board; 

(b) a hearing examiner of the board; or 

(c) a board member especially appointed by the board to hold the hearing. 

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19-2-111. Review of orders of bearing examiner·· Procedure. Any person aggrieved by an 

order of a hearing examiner may file a motion for review of the order with the board. 

19-2-112. Generalized condition of air pollution creating emergency·· Sources causing 

imminent danger to health -- Powers of executive director -- Declaration of emergency. ( 1) 

(a) Title 63, Chapter 46b, Administrative Procedures Act, and any other provision of law to the 

contrary notwithstanding, if the executive director finds that a generalized condition of air 

pollution exists and that it creates an emergency requiring immediate action to protect human 

health or safety, the executive director, with the concurrence of the governor, shall order persons 

causing or contributing to the air pollution to reduce or discontinue immediately the emission of 

air contaminants. 

(b) The order shall fix a place and time, not later than 24 hours after its issuance, for a hearing 

to be held before the governor. 

(c) Not more than 24 hours after the commencement of this hearing, and without adjournment 

of it, the governor shall affliDl, modify, or set aside the order of the executive director. 

(2) In the absence of a generalized condition of air pollution referred to in Subsection (1), but 

if the executive director finds that emissions from the operation of one or more air contaminant 

sources is causing imminent danger to human health or safety, he may commence adjudicative 

proceedings under Section 63-46b-20. 

(3) Nothing in this section limits any power that the governor or any other officer has to 

declare an emergency and act on the basis of that declaration. 

19-2-113. Variances·· Judicial review. (1) (a) Any person who owns or is in control of any 

plant, building, structure, establishment, process, or equipment may apply to the board for a 

variance from its rules. 

(b) The board may grant the requested variance following an announced public meeting, if it 

finds, after considering the endangerment to human health and safety and other relevant factors, 

that compliance with the rules from which variance is sought would produce serious hardship 

without equal or greater benefits to the public. 

(2) A variance may not be granted under this section until the board has considered the relative 

interests of the applicant, other owners of property likely to be affected by the discharges, and the 

general public. 

(3) Any variance or renewal of a variance shall be granted within the requirements of 

Subsection (1) and for time periods and under conditions consistent with the reasons for it, and 

within the following limitations: 

(a) if the variance is granted on the grounds that there are no practicable means known or 

available for the adequate prevention, abatement, or control of the air pollution involved, it shall 

be only until the necessary means for prevention, abatement, or control become known and 

available, and subject to the taking of any substitute or alternate measures that the board may 

prescribe; 

(b) (i) if the variance is granted on the grounds that compliance with the requirements from 

which variance is sought will require that measures, because of their extent or cost, must be 

spread over a long period of time, the variance shall be granted for a reasonable time that, in the 

view of the board, is required for implementation of the necessary measures; and 

(ii) a variance granted on this ground shall contain a timetable for the implementation of 

remedial measures in an expeditious manner and shall be conditioned on adherence to the 

timetable; or 

(c) if the variance is granted on the ground that it is necessary to relieve or prevent hardship of 

a kind other than that provided for in Subsection (a) or (b), it shall not be granted for more than 

J 

~~ ~ 

(4) (a) Any variance granted under this section may be renewed on terms and conditions and ...._, 

From Website of Utah Legislature Printed April 14, 2006 - 12-
for periods that would be appropriate for initially granting a variance. 

(b) If a complaint is made to the board because of the variance, a renewal may not be granted 

unless, following an announced public meeting, the board finds that renewal is justified. 

(c) To receive a renewal, an applicant shall submit a request for agency action to the board 

requesting a renewal. 

(d) Immediately upon receipt of an application for renewal, the board shall give public notice 

of the application as required by its rules. 

(5) (a) A variance or renewal is not a right of the applicant or holder but may be granted at the 

board's discretion. 

(b) A person aggrieved by the board's decision may obtain judicial review. 

(c) Venue for judicial review of informal adjudicative proceedings is in the district court in 

which the air contaminant source is situated. 

(6) (a) The board may review any variance during the term for which it was granted. 

(b) The review procedure is the same as that for an original application. 

(c) The variance may be revoked upon a finding that: 

(i) the nature or amount of emission has changed or increased; or 

(ii) if facts existing at the date of the review had existed at the time of the original application, 

the variance would not have been granted. 

(7) Nothing in this section and no variance or renewal granted pursuant to it shall be construed 

to prevent or limit the application of the emergency provisions and procedures of Section 19-2-

112 to any person or property. 

19-2-114. Activities not in violation of chapter or rules. The following are not a violation of 

this chapter or of any rules made under it: 

(1) burning incident to horticultural or agricultural operations of: 

(a) prunings from trees, bushes, and plants; or 

(b) dead or diseased trees, bushes, and plants, including stubble; 

(2) burning of weed growth along ditch banks incident to clearing these ditches for irrigation 

purposes; 

(3) controlled heating of orchards or other crops to lessen the chances of their being frozen so 

long as the emissions from this heating do not violate minimum standards set by the board; and 

( 4) the controlled burning of not more than two structures per year by an organized and 

operating fire department for the purpose of training fire service personnel when the United States 

Weather Service clearing index is above 500. 

19-2-115. Violations-- Penalties-- Reimbursement for expenses. (1) As used in this section, 

the terms "knowingly," "willfully," and "criminal negligence" shall mean as defined in Section 

76-2-103. 

(2) (a) A person who violates this chapter, or any rule, order, or permit issued or made under 

this chapter is subject in a civil proceeding to a penalty not to exceed $10,000 per day for each 

violation. 

(b) Subsection (2)(a) also applies to rules made under the authority of Section 19-2-104, for 

implementation of 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act, Subchapter llAsbestos Hazard Emergency Response. 

(c) Penalties assessed for violations described in 15 U.S.C.A. 2647, Toxic Substances Control 

Act, Subchapter ll - Asbestos Hazard Emergency Response, may not exceed the amounts 

specified in that section and shall be used in accordance with that section. 

(3) A person is guilty of a class A misdemeanor and is subject to imprisonment under Section 

76-3-204 and a fine of not more than $25,000 per day of violation if that person knowingly 

violates any of the following under this chapter: 

(a) an applicable standard or limitation; 

From Website of Utah Legislature Printed Aprill4, 2006 - 13-
(b) a permit condition; or 

(c) a fee or filing requirement. 

(4) A person is guilty of a third degree felony and is subject to imprisonment under Section 

76-3-203 and a fine of not more than $25,000 per day of violation who knowingly: 

(a) makes any false material statement, representation, or certification, in any notice or report 

required by permit; or 

(b) renders inaccurate any monitoring device or method required to be maintained by this 

chapter or applicable rules made under this chapter. 

(5) Any fine or penalty assessed under Subsections (2) or (3) is in lieu of any penalty under 

Section 19-2-109.1. 

(6) A person who willfully violates Section 19-2-120 is guilty of a class A misdemeanor. 

(7) A person who knowingly violates any requirement of an applicable implementation plan 

adopted by the board, more than 30 days after having been notified in writing by the executive 

secretary that the person is violating the requirement, knowingly violates an order issued under 

Subsection 19-2-UO(l)(a), or knowingly handles or disposes of asbestos in violation of a rule 

made under this chapter is guilty of a third degree felony and subject to imprisonment under 

Section 76-3-203 and a fine of not more than $25,000 per day of violation in the case of the first 

offense, and not more than $50,000 per day of violation in the case of subsequent offenses. 

(8) (a) As used in this section: 

(i) "Hazardous air pollutant" means any hazardous air pollutant listed under 42 USC 7412 or 

any extremely hazardous substance listed under 42 USC 11002(a)(2). 

(ii) "Organization" means a legal entity, other than a government, established or organized for 

any purpose, and includes a corporation, company, association, f:um. partnership, joint stock 

company, foundation, institution, trust, society, union, or any other association of persons. 

(iii) "Serious bodily injury" means bodily injury which involves a substantial risk of death, 

unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss 

or impairment of the function of a bodily member, organ, or mental faculty. 

(b) (i) A person is guilty of a class A misdemeanor and subject to iptprisonment under Section 

76-3-204 and a fme of not more than $25,000 per day of violation if that person with criminal 

negligence: 

(A) releases into the ambient air any hazardous air pollutant; and 

(B) places another person in imminent danger of death or serious bodily injury. 

(ii) As used in this Subsection (8)(b), "person" does not include an employee who is carrying 

out the employee's normal activities and who is not a part of senior management personnel or a 

corporate officer. 

(c) A person is guilty of a second degree felony and is subject to imprisonment under Section 

76-3-203 and a fine of not more than $50,000 per day of violation if that person: 

(i) knowingly releases into the ambient air any hazardous air pollutant; and 

(ii) knows at the time that he is placing another person in imminent danger of death or serious 

bodily injury. 

(d) If a person is an organization, it shall, upon conviction of violating Subsection (8)(c), be 

subject to a fine of not more than $1,000,000. 

(e) (i) A defendant who is an individual is considered to have acted knowingly under 

Subsections (8)(c) and (d), if: 

(A) the defendant's conduct placed another person in imminent danger of death or serious 

bodily injury; and 

(B) the defendant was aware of or believed that there was an imminent danger of death or 

serious bodily injury to another person. 

(ii) Knowledge possessed by a person other than the defendant may not be attributed to the 

defendant. 

(iii) Circumstantial evidence may be used to prove that the defendant possessed actual 

From Website of Utah Legislature Printed April/4, 2006 -14-
' 

knowledge, including evidence that the defendant took affirmative steps to be shielded from 

receiving relevant information. 

(f) (i) It is an affirmative defense to prosecution under this Subsection (8) that the conduct 

charged was freely consented to by the person endangered and that the danger and conduct 

charged were reasonably foreseeable hazards of: 

(A) an occupation, a business, a profession; or 

(B) medical treatment or medical or scientific experimentation conducted by professionally 

approved methods and the other person was aware of the risks involved prior to giving consent. 

(ii) The defendant has the burden of proof to establish any affmnative defense under this 

Subsection (8Xf) and must prove that defense by a preponderance of the evidence. 

(9) (a) Except as provided in Subsection (9Xb), and unless prohibited by federal law, all 

penalties assessed and collected under the authority of this section shall be deposited in the 

General Fund. 

(b) The department may reimburse itself and local governments from monies collected from 

civil penalties for extraordinary expenses incurred in environmental enforcement activities. 

(c) The department shall regulate reimbursements by making rules in accordance with Title 

63, Chapter 46a, Utah Administrative Rulemaking Act, that: 

(i) define qualifying environmental enforcement activities; and 

(ii) define qualifying extraordinary expenses. 

19-2-116. Injunction or other remedies to prevent violations-- CivU actions not abridged. 

(1) Action under Section 19-2-115 does not bar enforcement of this chapter, or any of the rules 

adopted under it or any orders made under it by injunction or other appropriate remedy. The 

board has the power to institute and maintain in the name of the state any and all enforcement 

proceedings. 

(2) This chapter does not abridge, limit, impair, create, enlarge, or otherwise affect 

substantively or procedurally the right of any person to damages or other relief on account of 

injury to persons or property and to maintain any action or other appropriate proceeding for this 

purpose. 

(3) (a) In addition to any other remedy created in this chapter, upon failure of any person to 

comply with any provision of this chapter or any rule adopted under it or any final order made by 

the board, the executive secretary, or the executive director and when it appears necessary for the 

protection of health and welfare, the board may initiate through its executive secretary an action 

for appropriate injunctive relief. 

(b) The attorney general shall bring injunctive relief actions on request. 

(c) A bond is not required. 

19-2-117. Attorney general as legal advisor to board -· Duties of attorney general and 

county attorneys. ( 1) The attorney general is the legal advisor to the board and its executive 

secretary and shall defend them or any of them in all actions or proceedings brought against them 

or any of them. 

(2) The county attorney in the county in which a cause of action arises may, upon request of 

the board or its executive secretary, bring any action, civil or criminal, to abate a condition which 

exists in violation of, or to prosecute for the violation of .~Jr to enforce, this chapter or the 

standards, orders, or rules of the board or the executive secretary issued under this chapter. 

(3) The board or its executive secretary may bring any action and be represented by the 

attorney general. 

(4) In the event any person fails to comply with a cease and desist order of the board or its 

executive secretary that is not subject to a stay pending administrative or judicial review, the 

board may, through its executive secretary, initiate an action for, and is entitled to, injunctive 

relief to prevent any further or continued violation of the order. 

From Website of Utah Legislature Printed Aprill4, 2006 -15-
19-2-118. Violation of injunction evidence of contempt. Failure to comply with the terms of 

any injunction issued under this chapter is prima facie evidence of contempt which is punishable 

as for other civil contempts. 

19-2-119. Civil or criminal remedies not excluded·· Actionable rights under chapter·· No 

liability for acts of God or other catastrophes. ( 1) Existing civil or criminal remedies for any 

wrongful action which is a violation of any part of the law are not excluded by this chapter. 

(2) Persons other than the state or the board do not acquire actionable rights by virtue of this 

chapter. 

(3) The liabilities imposed for violation of this chapter are not imposed for any violation 

caused by an act of God, war, strike, riot, or other catastrophe. 

19-2-120. Information required of owners or operators of air contaminant sources. The 

owner or operator of any stationary air contaminant source in the state shall furnish to the board 

the reports required under Section 19-2-104 and any other infonnation the board finds necessary 

to determine whether the source is in compliance with state and federal regulations and standards. 

The infonnation shall be correlated with applicable emission standards or limitations and shall be 

available to the public during nonnal business hours at the office of the department. 

19-2-121. Ordinances of political subdivisions authorized. Any political subdivision of the 

state may enact and enforce ordinances to control air pollution that are consistent with this 

chapter. 

19-2-122. Cooperative agreements between political subdivisions and department. (1) Any 

political subdivision of the state may enter into and perform with other political subdivisions of 

the state or with the department contracts and agreements as they find proper for establishing, 

planning, operating, and financing air pollution programs. 

(2) The agreements may provide for an agency to: 

(a) supervise and operate an air pollution program; _ 

(b) prescribe, subject to the approval of the board, the agency's powers and duties; and 

(c) fix the compensation of the agency's members and employees. 

19-2-123. Tax relief to encourage investment in facilities·· Sales and use tax exemption. (1) 

It is in the public interest of the state to encourage, through tax relief, investment in pollution 

control and pollution elimination facilities while at the same time making and keeping the state an 

attractive location for continued industrial development, including the expansion of existing 

plants, thereby increasing employment and payrolls and upgrading the natural resources of the 

state. 

(2) All materials and equipment purchased, leased, or otherwise procured and services utilized 

for the construction or installation in a pollution control facility are exempt from sales and use 

taxes imposed by Title 59, Chapter 12, Sales and Use Tax Act, upon obtaining a certification of 

pollution control facility from the board. 

19-2-124. Application for certification of poUution control facility·· Refunds •• Interest. (1) 

(a) A person who qualifies under Subsection (2) may apply to the board for certification of a 

poJlution control facility or facilities erected, constructed, or installed, or to be erected, 

constructed, or installed in the state on or after July 1, 1986, but on or before June 30, 2009. 

(b) The person may file the application at any time after a finn construction contract has been 

entered or construction has commenced. 

(2) (a) (i) A person who applies under Subsection (1) shall be the owner of a trade or business 

From Website of Utah Legislature Printed April 14, 2006 . 16-

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that uses property in the state requiring a pollution control facility to prevent or minimize 

pollution or a person who, as a lessee or pursuant to an agreement, conducts the trade or business 

that operates or uses the property. 

(ii) For purposes of this Subsection (2), "owner" includes a contract purchaser. 

(b) The facility shall be owned, operated, or leased during a part of the tax year in which the 

exemption is claimed. 

(c) A person who obtains certification for a pollution control facility may claim an exemption 

from sales and use taxes as provided in Sections 19-2-123 and 59-12-104 only during the time 

period beginning on or after July 1, 1986, and ending on or before June 30,2009. 

(d) A person who pays a tax under Title 59, Chapter 12, Sales and Use Tax Act, on a purchase 

of tangible personal property or services used in the construction of or incorporated into a 

pollution control facility that: 

(i) is not certified under Section 19-2-125, may obtain a refund of the tax if: 

(A) the board subsequently certifies the pollution control facility; 

(B) the tangible personal property or services meet the requirements for exemption provided in 

Subsections 19-2-123(2) and 59·12·104(11), except for the certification requirement; and 

(C) the person files a claim for the refund with the State Tax Commission within the lesser of: 

(I) three years after the day on which the pollution control facility is certified under Section 

19-2-125; or 

<m six years after the day on which the person pays the tax under Title 59, Chapter 12, Sales 

and Use Tax Act; or 

(ii) is certified under Section 19-2-125, may obtain a refund of the tax if: 

(A) the tangible personal property or services meet the requirements for exemption provided in 

Subsections 19-2-1:23(2) and 59-12-104(11); and 

(B) the person files a claim for the refund with the State Tax Commission within three years 

after the day on which the person pays the tax under Title 59, Chapter 12, Sales and Use Tax Act. 

(e) (i) If a person files a claim for a refund of taxes under Subsection (2)(d)(i) paid on a 

purchase of tangible personal property or services used in the construction of or incorporated into 

a pollution control facility that was not certified under Section 19-2-125 at the time of the 

purchase: 

(A) within 180 days after the day on which the board certifies the pollution control facility, 

interest shall accrue to the amount of the refund granted by the State Tax Commission: 

(I) at the rate prescribed in Section 59-1-402; and 

<m beginning on the day on which the person pays the tax under Title 59, Chapter 12, Sales 

and Use Tax Act, for which the person is claiming a refund; or 

(B) more than 180 days after the day on which the board certifies the pollution control facility, 

interest shall be added to the amount of the refund granted by the State Tax Commission: 

(I) at the rate prescribed in Section 59-1-402; and 

<m beginning 30 days after the day on which the person files the claim for a refund under 

Subsection (2)(d). 

(ii) If a person files a claim for a refund of taxes under Subsection (2)( d)(ii) paid on a purchase 

of tangible personal property or services used in the construction of or incorporated into a 

pollution control facility that was certified under Section 19·2-125 at the time of the purchase, 

interest shall accrue to the amount of the refund granted by the State Tax Commission: 

(A) at the rate prescribed in Section 59-1-402; and 

(B) beginning 30 days after the day on which the person files a claim for a refund under 

Subsection (2)(d). 

(3) (a) Each application shall be in a fonnat prescribed by the board, contain a description of 

the facilities and materials incorporated in them, the machinery and equipment, the existing or 

proposed operational procedure, and a statement of the purpose of pollution prevention, control, 

or reduction served or to be served by the facility. 

From Website of Utah Legislature Printed April 14, 2006 -17-
(b) The board may require any further information it finds necessary before issuance of a 

certificate. 

19-2-US. Action on application for certification. (1) (a) If the board, after consulting with the 

State Tax Commission, finds that a pollution control facility or a part of a pollution control 

facility, for which application is made under Section 19-2-124 was or is to be erected, 

constructed, acquired, or installed on or after July 1, 1986, but on or before June 30,2009, and is 

designed and is being operated or will operate primarily to prevent, control, or reduce air or water 

pollution, and that the applicant qualifies under Section 19-2-124, the board shall certify the 

facility. 

(b) If one or more facilities constitute an operational unit. the board may certify those facilities 

under one certificate. 

(2) (a) The board and the State Tax Commission shall act on an application under Section 19-

2-124 before the 120th day after filing. 

(b) Failure of the board and the State Tax Commission to timely act constitutes automatic 

acceptance of the application and the board shall furnish a certificate to the applicant on demand. 

19-2-126. Revocation of certification·· Grounds·· Procedure. (1} (a) The board, after 

consulting with the State Tax Commission, may revoke the certification issued under Section 19-

2-125 of any pollution control facility if it finds that the: 

(i) certification was obtained by fraud or gross misrepresentation; or 

(ii) holder of the certificate has failed substantially to operate the facility for the purpose of, 

and to the extent necessary to prevent, control, or reduce air or water pollution as specified in the 

certificate. 

(b) A shutdown of the facility due to force majeure, including obsolescence, is not cause to 

J 

revoke certification of any facility. \ _ 

(2) (a) The board shall provide notice of the revocation by issuing a notice of agency action. ....., 

(b) The holder of the certificate may obtain judicial review of the revocation. 

(c) The revocation is fmal and conclusive unless an appeal is taken. 

(d) If the revocation is affirmed on appeal, revocation is fmal on the date notice of revocation 

was received by the holder. 

(3) As soon as a revocation under this section is final, the board shall notify the State Tax 

Commission of the revocation. 

( 4) (a) If the certification of a pollution control facility is revoked, all prior tax relief provided 

to the holder because of the certificate is forfeited. 

(b) The State Tax Commission shall collect taxes not paid by the holder because of the tax 

relief provided the holder to the extent pennitted by the applicable statute of limitations. 

19-2-127. Rules for administering certification for tax relief. In addition to the powers 

granted it, the board may formulate, amend, or cancel rules establishing procedures for processing 

and evaluating applications for certification, establishing procedures for the issuance and 

revocation of certificates, and all other matters pertaining to the board in administering 

certification for tax relief on pollution control facilities. 

From Website of Utah Legislature Printed April14, 2006 - 18-
Utah Administrative Rulemaking Act 

Utah Code Title 63, Chapter 46a (2006) 

Ut~:.~i~~:;:i!~~:.~~~.~~~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 63-46a-2. Definitions .................................................................................................................................................................. l 

63-46a-3. When rulemaking is required ...................................................................................................................................... 2 

63-46a-3.5. Rules having the effect of law ................................................................................................................................. 3 

ii!:~: E:!e?:~~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 63-46a-7. Emergency rulemaking procedure .............................................................................................................................. 4 

63-46a-8. Division to provide list of rulemaking activity to Office of Legislative Research and General Counsel. [Repealed] .. 4 

63-46a-9. Agency review of rules- Schedule of filings-- Limited exemption for certain rules ................................................ 4 

63-46a-9.5. Division of Administrative Rules created- Appointment of director ..................................................................... S 

63-46a-9.6. Utah Administrative Code- Organization- Official compilation ......................................................................... S 

63-46a-10. Division of Administrative Rules- Duties generally ............................................................................................... S 

63-46a-10.S. Repeal and reenactment ofUtah Administrative Code .......................................................................................... 6 

63-46a-ll. Administrative Rules Review Committee ................................................................................................................. 6 

63-46a-ll.S. Legislative reauthorization ofagency rules - Extension of rules by governor ...................................................... 7 

63-46a-l2. Interested parties-- Petition for agency action ......................................................................................................... 8 

63-46a-12.1. Judicial challenge to administrative rules .............................................................................................................. 8 

63-46a-13. Actions for declaratory judgment to determine the validity of a rule. [Repealed] ...................................................... 9 

63-46a-14. Time for contesting a rule-- Statute of limitations ................................................................................................... 9 

63-46a-15. Declaratory rulings by agencies. [Repealed] .............................................................................................................. 9 

63-46a-16. Utah Administrative Code as official compilation of rules-- Judicial notice ........................................................... 9 

63-46a-17. Electronic records and conversion of written records by governmental agencies ..................................................... 9 

63-46a-1. Short title. 

This act is known as the "Utah Administrative 

Rulemaking Act." 

r~·ts etwcted bv UT L /985 t h !58) 

63-46a-2. Definitions. 

As used in this chapter: 

(1) "Administrative record" means information an 

agency relies upon when making a rule under this chapter 

including: 

(a) the proposed rule, change in the proposed 

rule, and the rule analysis form; 

(b) the public comment received and recorded by 

the agency during the public comment period; 

and 

(c) the agency's response to the public comment; 

(d) the agency's analysis of the public comment; 

(e) the agency's report of its decision-making 

process. 

(2) "Agency" means each state board, authority, 

commission, institution, department, division, officer, or 

other state government entity other than the Legislature, its 

committees, the political subdivisions of the state, or the 

courts, which is authorized or required by law to make 

rules, adjudicate, grant or withhold licenses, grant or 

withhold relief from legal obligations, or perform other 

similar actions or duties delegated by law. 

(3) "Bulletin" means the Utah State Bulletin. 

( 4) "Catchline" means a short summary of each 

section, part, rule, or title of the code that follows the 

section, part, rule, or title reference placed before the text 

of the rule and serves the same function as boldface in 

legislation as described in Section 68-3-13. 

(5) "Code" means the body of all effective rules as 

compiled and organized by the division and entitled "Utah 

Administrative Code." 

(6) "Director" means the director of the Division of 

Administrative Rules. 

(7) "Division" means the Division of Administrative 

Rules. 

(8) "Effective" means operative and enforceable. 

(9) (a) "File" means to submit a document to the 

division as prescribed by the division. 

(b) ''Filing date" means the day and time the 

document is recorded as received by the division. 

(I 0) "Interested person" means any person affected by 

or interested in a proposed rule, amendment to an existing 

rule, or a nonsubstantive change made under Section 63-

46a-10. 

(II) "Order" means an agency action that determines 

the legal rights, duties, privileges, immunities, or other 

interests of one or more specific persons, but not a class of 

persons. 
Utah Administrative Rulemaking Act 

(12) "Person" means any individual, partnership, 

corporation, association, governmental entity, or public or 

private organization of any character other than an agency. 

(13) "Publication" or "publish" means making a rule 

available to the public by including the rule or a summary 

of the rule in the bulletin. 

(14) "Publication date" means the inscribed date of 

the bulletin. 

( 15) "Register" may include an electronic database. 

(16) (a) "Rule" means an agency's written statement 

that: 

(i) is explicitly or implicitly required by 

state or federal statute or other applicable law; 

(ii) implements or interprets a state or 

federal legal mandate; and 

(iii) applies to a class of persons or another 

agency. 

(b) "Rule" includes the amendment or repeal of 

an existing rule. 

(c) "Rule" does not mean: 

(i) orders; 

(ii) an agency's written statement that 

applies only to internal management and that 

does not restrict the legal rights of a public class 

of persons or another agency; 

(iii) the governor's executive orders or 

proclamations; 

(iv) opinions issued by the attorney 

general's office; 

(v) declaratory rulings issued by the agency 

according to Section 63-46b-21 except as 

required by Section 63-46a-3; 

(vi) rulings by an agency in adjudicative 

proceedings, except as required by Subsection 

63-46a-3( 6); or 

(vii) an agency written statement that is in 

violation of any state or federal law. 

(17) "Rule analysis" means the format prescribed by 

the division to summarize and analyze rules. 

(18) "Substantive change" means a change in a rule 

that affects the application or results of agency actions. 

(a,·la.•·tamcn<i.:d h1· L!l' /_ 2003 ch /'J.7, ef(<:crive M<l,l' 5. :!003j 

63-46a-3. When rulemaking Is required. 

(1) Each agency shall: 

(a) maintain a current version of its rules; and 

(b) make it available to the public for inspection 

during its regular business hours. 

(2) In addition to other rulemaking required by law, 

each agency shall make rules when agency action: 

(a) authorizes, requires, or prohibits an action; 

(b) provides or prohibits a material benefit; 

(c) applies to a class of persons or another 

agency; and 

(d) is explicitly or implicitly authorized by 

statute. 

(3) Rulemaking is also required when an agency 

issues a written interpretation of a state or federal legal 

mandate. 

(4) Rulemaking is not required when: 

(a) agency action applies only to internal agency 

management, inmates or residents of a state 

Utah Code Tide 63, Chapter 46a (2006) 

correctional, diagnostic, or detention facility, persons 

under state legal custody, patients admitted to a state 

hospital, members of the state retirement system, or 

students enrolled in a state education institution; 

(b) a standardized agency manual applies only to 

internal fiscal or administrative details of 

governmental entities supervised under statute; 

(c) an agency issues policy or other statements 

that are advisory, informative, or descriptive, and do 

not conform to the requirements of Subsections (2) 

and(3); or 

(d) an agency makes nonsubstantive changes in a 

rule, except that the agency shall file all 

nonsubstantive changes in a rule with the division. 

(5) A rule shall enumerate any penalty authorized by 

statute that may result from its violation. 

(6) Each agency shall enact rules incorporating the 

principles of law not already in its rules that are established 

by fmal adjudicative decisions within 120 days after the 

decision is announced in its cases. 

(7) (a) Each agency may enact a rule that 

incorporates by reference: 

(i) all or any part of another code, rule, or 

regulation that has been adopted by a federal 

agency, an agency or political subdivision of this 

state, an agency of another state, or by a 

nationally recognized organization or association; 

(ii) state agency implementation plans 

mandated by the federal government for 

participation in the federal program; 

(iii) lists, tables, illustrations, or similar 

materials that are subject to frequent change, 

fully described in the rule, and are available for 

public inspection; or 

(iv) lists, tables, illustrations, or similar 

materials that the director determines are too 

expensive to reproduce in the administrative 

code. 

(b) Rules incorporating materials by reference 

shall: 

(i) be enacted according to the procedures 

outlined in this chapter; 

(ii) state that the referenced material is 

incorporated by reference; 

(iii) state the date, issue, or version of the 

material being incorporated; and 

(iv) define specifically what material is 

incorporated by reference and identify any 

agency deviations from it. 

(c) The agency shall identify any substantive 

changes in the material incorporated by reference by 

following the rulemaking procedures of this chapter. 

(d) The agency shall maintain a complete and 

current copy of the referenced material available for 

public review at the agency and at the division. 

(8) (a) This chapter is not intended to inhibit the 

exercise of agency discretion within the limits 

prescribed by statute or agency rule. 

(b) An agency may enact a rule creating a 

justified exception to a rule. 

J 
Utah Code Title 63, Chapter 46a (2006) 

(9) An agency may obtain assistance from the 

attorney general to ensure that its rules meet legal and 

constitutional requirements. 

~'" '"·'' <mle~~<lni hy I.T L ::out d1 /38. e(ii.·ctih· April 3tl. ::1101 J 

63-46a-3.S. Rules having the effect of law. 

( 1) An agency's written statement is a rule if it 

conforms to the definition of a rule under Section 63-46a-2, 

but the written statement is not enforceable unless it is 

made as a rule in accordance with the requirements of this 

chapter. 

(2) An agency's written statement that is made as a 

rule in accordance with the requirements of this chapter is 

enforceable and has the effect of law. 

(as /aH amended fly Ul' I. 1003 ch 19 '· <ffo?crive Mar 5. ::OOJj 

63-46a-4. Rulemaking procedure. 

( 1) An agency authorized to make rules is also 

authorized to amend or repeal those rules. 

(2) Except as provided in Sections 63-46a-6 and 63-

46a-7, when making, amending, or repealing a rule 

agencies shall comply with: 

(a) the requirements of this section; 

(b) consistent procedures required by other 

statutes; 

(c) applicable federal mandates; and 

(d) rules made by the division to implement this 

chapter. 

(3) Subject to the requirements of this chapter, each 

agency shall develop and use flexible approaches in 

drafting rules that meet the needs of the agency and that 

involve persons affected by the agency's rules. 

(4) (a) Each agency shall file its proposed rule and 

rule analysis with the division. 

(b) Rule amendments shall be marked with new 

language underlined and deleted language struck out. 

(c) {i) The division shall publish the 

information required under this Subsection (4) on 

the rule analysis and the text of the proposed rule 

in the next issue of the bulletin. 

(ii) For rule amendments, only the section 

or subsection of the rule being amended need be 

printed. 

(iii) If the director determines that the rule 

is too long to publish, the director shall publish 

the rule analysis and shall publish the rule by 

reference to a copy on file with the division. 

(5) Prior to filing a rule with the division, the 

department head shall consider and comment on the fiscal 

impact a rule may have on businesses. 

(6) The rule analysis shall contain: 

(a) a summary of the rule or change; 

(b) the purpose of the rule or reason for the 

change; 

(c) the statutory authority or federal requirement 

for the rule; 

(d) the anticipated cost or savings to: 

( i) the state budget; 

(ii) local governments; and 

(iii) other persons; 

(e) the compliance cost for affected persons; 

Utah Administrative Rulemaking Act 

(t) how interested persons may review the full 

text of the rule; 

(g) how interested persons may present their 

views on the rule; 

(h) the time and place of any scheduled public 

hearing; 

(i) the name and telephone number of an agency 

employee who may be contacted about the rule; 

(j) the name of the agency head or designee who 

authorized the rule; 

(k) the date on which the rule may become 

effective following the public comment period; and 

(1) comments by the department head on the 

fiscal impact the rule may have on businesses. 

(7) (a) For a rule being repealed and reenacted, the 

rule analysis shall contain a summary that generally 

includes the following: 

(i) a summary of substantive provisions in 

the repealed rule which are eliminated from the 

enacted rule; and 

(ii) a summary of new substantive 

provisions appearing only in the enacted rule. 

(b) The summary required under this Subsection 

(7) is to aid in review and may not be used to contest 

any rule on the ground of noncompliance with the 

procedural requirements of this chapter. 

( 8) A copy of the rule analysis shall be mailed to all 

persons who have made timely request of the agency for 

advance notice of its rulemaking proceedings and to any 

other person who, by statutory or federal mandate or in the 

judgment of the agency, should also receive notice. 

(9) (a) Following the publication date, the agency 

shall allow at least 30 days for public comment on the 

rule. 

(b) The agency shall review and evaluate all 

public comments submitted in writing within the time 

period under Subsection (9)(a) or presented at public 

hearings conducted by the agency within the time 

period under Subsection (9)(a). 

(10) (a) Except as provided in Sections 63-46a-6 and 

63-46a-7, a proposed rule becomes effective on any 

date specified by the agency that is no fewer than 

seven calendar days after the close of the public 

comment period under Subsection (9), nor more than 

120 days after the publication date. 

(b) The agency shall provide notice of the rule's 

effective date to the division in the form required by 

the division. 

(c) The notice of effective date may not provide 

for an effective date prior to the date it is received by 

the division. 

(d) The division shall publish notice of the 

effective date of the rule in the next issue of the 

bulletin. 

(e) A proposed rule lapses if a notice of effective 

date or a change to a proposed rule is not filed with the 

division within 120 days of publication. 

1.ts lcl.\t ,1n~<•nded hy UT L ::o06 ...!: 1-11. •:(ttuh·c• Ma~ I. ]/Jfl{); 
Utah Administrative Rulemaking Act 

63-46a-S. Public: hearings. 

(l) Each agency may hold a public hearing on a 

proposed rule, amendment to a rule, or repeal of a rule 

during the public comment period. 

(2) Each agency shall hold a public hearing on a 

proposed rule, amendment to a rule, or repeal of a rule if: 

(a} a public hearing is required by state or federal 

mandate; 

(b) (i) another state agency, ten interested 

persons, or an interested association having not 

fewer than ten members request a public hearing; 

and 

(ii) the agency receives the request in 

writing not more than l 5 days after the 

publication date of the proposed rule. 

(3) The agency shall hold the hearing: 

(a) before the rule becomes effective; and 

(b) no less than seven days nor more than 30 

days after receipt of the request for hearing. 

(us las/ Wllt'lk/ed by /.;T L /98 i dt J.ll) 

63-46a-6. Changes in rules. 

(l) (a) To change a proposed rule already published 

in the bulletin, an agency shall file with the division: 

(i) the text of the changed rule; and 

(ii) a rule analysis containing a description 

of the change and the information required by 

Section 63-46a-4. 

(b) A change to a proposed rule may not be filed 

more than 120 days after publication of the rule being 

changed. 

(c) The division shall publish the rule analysis 

for the changed rule in the bulletin. 

(d) The changed proposed rule and its associated 

proposed rule will become effective on a date 

specified by the agency, not less than 30 days or more 

than 120 days after publication of the last change in 

proposed rule. 

(e) A changed proposed rule and its associated 

proposed rule lapse if a notice of effective date or 

another change to a proposed rule is not filed with the 

division within 120 days of publication of the last 

change in proposed rule. 

(2) If the rule change is nonsubstantive: 

(a) the agency need not comply with the 

requirements of Subsection (I); and 

(b) the agency shall notify the division of the 

change in writing. 

(3) If the rule is effective, the agency shall amend the 

rule according to the procedures specified in Section 63-

46a-4. 

(a.> Ia~ I ommckd hr UrI. ]01)/ ch 138. <;tj;•uive .lpril ./0. ]f)I)J J 

63-46a-7. Emergency rulemaking procedure. 

(I) All agencies shall comply with the rulemaking 

procedures of Section 63-46a-4 unless an agency fmds that 

these procedures would: 

(a) cause an imminent peril to the public health, 

safety, or wei fare; 

(b) cause an imminent budget reduction because 

of budget restraints or federal requirements; or 

Utah Code Title 63, Chapter 46a (2006) 

(c) place the agency in violation of federal or 

state law. 

(2) (a} When finding that its rule is excepted from 

regular rulernaking procedures by this section, the 

agency shall file with the division: 

(i) the text of the rule; and 

(ii) a rule analysis that includes the specific 

reasons and justifications for its findings. 

(b) The division shall publish the rule in the 

bulletin as provided in Subsection 63-46a-4 (4). 

(c) The agency shall notify interested persons as 

provided in Subsection 63-46a-4(8). 

(d) The rule becomes effective for a period not 

exceeding 120 days on the date of filing or any later 

date designated in the rule. 

(3) If the agency intends the rule to be effective 

beyond 120 days, the agency shall also comply with the 

procedures of Section 63-46a-4. 

(a• la<t amt·ndt•d hv UTI. 1£)1)5 ch 48 .> 8. c:.tJ~·ctin! May ;:, 2005; 

Boldfaci' c.:ha11ged[rom "F:xcq>1io11s It> mf<mwkillg pruct'Jun<" at 

the request uf rh.· AdmillistJ'ative Rules Revi.•u· Commiile.:. 

Jammry 14. ::oo;:) 

63-46a-8. Division to provide Ust of rulemaking activity 

to Office of Legislative Research and General Counsel. 

[Repealed) 

ir<:pealed />y UT L 199:: Lh 1-16) 

63-46a-9. Agency review of rules -Schedule of filings -

- Limited exemption for certain rules. 

( l) Each agency shall review each of its rules within 

five years of the rule's original effective date or within five 

years of the filing of the last five-year review, whichever is 

later. Rules effective prior to 1992 need not be reviewed 

untill997. 

(2) An agency may consider any substantial review of 

a rule to be a five-year review. If the agency chooses to 

consider a review a five-year review, it shall follow the 

procedures outlined in Subsection (3). 

(3) At the conclusion of its review, the agency shall 

file a notice of review on or before the anniversary date 

indicating its intent to continue, amend, or repeal the rule. 

(a} If the agency continues the rule, it shall file a 

statement which includes: 

(i) a concise explanation of the particular 

statutory provisions under which the rule is 

enacted and how these provisions authorize or 

require the rule; 

(ii) a summary of written comments 

received during and since the last five-year 

review of the rule from interested persons 

supporting or opposing the rule; and 

(iii) a reasoned justification for continuation 

of the rule, including reasons why the agency 

disagrees with comments in opposition to the 

rule, if any. 

(b) If the agency repeals the rule, it shall comply 

with Section 63-46a-4. 

(c) If the agency amends and continues the rule, 

it shall comply with the requirements of Section 63-

46a-4 and file the statement required in Subsection 

(3)(a). 

J 

J 
' Utah Code Title 63, Chapter 46a (2006) 

(4) (a) The division shall publish the notice and 

statement in the bulletin. 

(b) The division may schedule the publication of 

agency notices and statements, provided that no notice 

and statement shall be published more than one year 

after the review deadline established under Subsection 

(1). 

(5) The division shall notify an agency of rules due 

for review at least 180 days prior to the anniversary date. 

(6) If an agency finds that it will not meet the 

deadline established in Subsection (1): 

(a) the agency may file an extension prior to the 

anniversary date with the division indicating the 

reason for the extension; and 

(b) the division shall publish notice of the 

extension in the next issue of the bulletin. 

(7) An extension permits the agency to file a notice 

no more than 120 days after the anniversary date. 

(8) If an agency fails to file a notice of review or 

extension on or before the date specified in the notice 

mandated in Subsection (5), the division shall: 

(a) publish a notice in the next issue of the 

bulletin that the rule has expired and is no longer 

enforceable; 

(b) remove the rule from the code; and 

(c) notify the agency that the rule has expired. 

(9) After a rule expires, an agency must comply with 

the requirements of Section 63-46a-4 to reenact the rule. 

(10) (a) Rules issued under the following provisions 

related to the Department of Workforce Services or 

Labor Commission that are in effect on July 1, 1997, 

are not subject to the requirements of this section until 

July 1, 1998: 

(i) Title 34, Labor in General; 

(ii) Title 34A, Utah Labor Code; 

(iii) Title 35A, Utah Workforce Services 

Code; 

(iv) Title 40, Chapter 2, Coal Mines; and 

(v) Title 57, Chapter21, Utah Fair Housing 

Act. 

(b) Any rule described in Subsection (lOXa) that 

would have expired on or after July 1, 1997 but before 

July 1, 1998, expires July 1, 1998, unless for that rule 

the Department of Workforce Services or Labor 

Commission files: 

(i) the notice ofreview, described in 

Subsection (3); or 

(ii) an extension described in Subsection 

(6). 

(il.> last anu:mit'd hy UT L /99/S <'11 1.?. cj}<:cli\·,· ,iklli { 1998; '""' 

I..'T L 1998 ch 33:., ef/i<c-tiw!.lul\· I. J<i9iij . 

63-46a-9.5. Division of Administrative Rules created -

Appointment of director. 

(1) There is created within the Department of 

Administrative Services the Division of Administrative 

Rules, to be administered by a director. 

(2) The director of administrative rules shall be 

appointed by the executive director with the approval of the 

governor. 

(a., cii<JC.Iul i>y {.; '/' L I !18 7 ,:/r ].1 { 1 

Utah Administrative Rulemaking Act 

63-46a-9.6. Utah Administrative Code- Organization 

- Official compilation. 

(I) The Utah Administrative Code shall be divided 

into three parts: 

(a) titles, whose number shall begin with "R"; 

(b) rules; and 

(c) sections. 

(2) All sections contained in the code are referenced 

by a three-part number indicating its location in the code. 

(3) The division shall maintain the official 

compilation of the code and is the state-designated 

repository for administrative rules. If a dispute arises in 

which there is more than one version of a rule, the latest 

effective version on file with the division is considered the 

correct, current version. 

(a.> last amended h_,. Ul' L /996 ch 60) 

63-46a-10. Division of Administrative Rules- Duties 

generally. 

(1) The Division of Administrative Rules shall: 

(a) establish all filing, publication, and hearing 

procedures necessary to make rules under this chapter; 

(b) record in a register the receipt of all agency 

rules, rule analysis forms, and notices of effective 

dates; 

(c) make the register, copies of all proposed 

rules, and rulemaking documents available for public 

inspection; 

(d) publish all proposed rules, rule analyses, 

notices of effective dates, and review notices in the 

bulletin at least monthly, except that the division niay 

publish the complete text of any proposed rule that the 

director determines is too long to print or too 

expensive to publish by reference to the text 

maintained by the division; 

(e) compile, format, number, and index all 

effective rules in an administrative code, and 

periodically publish that code and supplements or 

revisions to it; 

(f) publish a digest of all rules and notices 

contained in the most recent bulletin; 

(g) publish at least annually an index of all 

changes to the administrative code and the effective 

date of each change; 

(h) print, or contract to print, all rulemaking 

publications the division determines necessary to 

implement this chapter; 

(i) distribute without charge the bulletin and 

administrative code to state-designated repositories, 

the Administrative Rules Review Committee, the 

Office of Legislative Research and General Counsel, 

and the two houses of the Legislature; 

G) distribute without charge the digest and index 

to state legislators, agencies, political subdivisions on 

request, and the Office of Legislative Research and 

General Counsel; 

(k) distribute, at prices covering publication 

costs, all paper rulemaking publications to all other 

requesting persons and agencies; 

(I) provide agencies assistance in rulemaking; 

and 
Utab Administrative Rulemaking Act 

(m} administer this chapter and require state 

agencies to comply with filing, publication, and 

hearing procedures. 

(2) The division may after notifying the agency make 

nonsubstantive changes to rules filed with the division or 

published in the bulletin or code by: 

(a) implementing a uniform system of 

formatting, punctuation, capitalization, organization, 

numbering, and wording; 

(b) correcting obvious errors and inconsistencies 

in punctuation, capitalization, numbering, referencing, 

and wording; 

(c) changing a catc:hline to more accurately 

reflect the substance of each section, part, rule, or title; 

(d) updating or correcting annotations associated 

with a section, part, rule, or title; and 

(e) merging or determining priority of any 

amendment, enactment, or repeal to the same rule or 

section made effective by an agency. 

(3} In addition, the division may make the following 

nonsubstantive changes with the concurrence of the 

agency: 

(a} eliminate duplication within rules; 

(b) eliminate obsolete and redundant words; and 

(c) correcting defective or inconsistent section 

and paragraph structure in arrangement of the subject 

matter of rules. 

(4) For nonsubstantive changes made in accordance 

with Subsection (2) or (3) after publication of the rule in 

the bulletin, the division shall publish a list of 

nonsubstantive changes in the bulletin. For each 

nonsubstantive change, the list shall include: 

(a) the affected code citation; 

(b) a brief description of the change; and 

(c) the date the change was made. 

(5) All funds appropriated or collected for publishing 

the division's publications shall be nonlapsing. 

ras /,m ,m1mded by L:T L ::.001 ell 138, o!.f.ft·ctin! Apri/30. :OOii 

63-46a-1 0.5. Repeal and reenactment of Utab 

Administrative Code. 

(1) When the director determines that the Utah 

Administrative Code requires extensive revision and 

reorganization, the division may repeal the code and 

reenact a new code according to the requirements of this 

section. 

(2) The division may: 

(a) reorganize, reformat, and renumber the code; 

(b) require each agency to review its rules and 

make any organizational or substantive changes 

according to the requirements of Section 63-46a-6; 

and 

(c) require each agency to prepare a brief 

summary of all substantive changes made by the 

agency. 

(3) The division may make nonsubstantive changes in 

the code by: 

(a) adopting a uniform system of punctuation, 

capitalization, numbering, and wording; 

(b) eliminating duplication; 

Utab Code Title 63, Chapter 46a (2006) 

(c) correcting defective or inconsistent section 

and paragraph structure in arrangement of the subject 

matter of rules; 

(d) eliminating all obsolete or redundant words; 

(e) correcting obvious errors and inconsistencies 

in punctuation, capitalization, numbering, referencing, 

and wording; 

(f) changing a catchline to more accurately 

reflect the substance of each section, part, rule, or title; 

(g) updating or correcting annotations associated 

with a section, part, rule, or title; and 

(h) merging or determining priority of any 

amendment, enactment, or repeal to the same rule or 

section made effective by an agency. 

(4} (a) To inform the public about the proposed code 

reenactment, the division shall publish in the bulletin: 

(i) notice of the code reenactment; 

(ii) the date, time, and place of a public 

hearing where members of the public may 

comment on the proposed reenactment of the 

code; 

(iii) locations where the proposed 

reenactment of the code may be reviewed; and 

(iv) agency summaries of substantive 

changes in the reenacted code. 

(b) To inform the public about substantive 

changes in agency rules contained in the proposed 

reenactment, each agency shall: 

(i) make the text of their reenacted rules 

available: 

(A) for public review during regular 

business hours; and 

(B) in an electronic version; and 

(ii) comply with the requirements of 

Subsection 63-46a-4(8). 

(S) The division shall hold a public hearing on the 

proposed code reenactment no fewer than 30 days nor more 

than 45 days after the publication required by Subsection 

(4)(a). 

(6) The division shall distribute complete text of the 

proposed code reenactment without charge to: 

(a) state-designated repositories in Utah; 

(b) the Administrative Rules Review Committee; 

and 

(c) the Office of Legislative Research and 

General Counsel. 

(7) The former code is repealed and the reenacted 

code is effective at noon on a date designated by the 

division that is not fewer than 45 days nor more than 90 

days after the publication date required by this section. 

(8) Repeal and reenactment of the code meets the 

requirements of Section 63-46a-9 for a review of all agency 

rules. 

(u._, luslwncnd,,,/l>y LT I. }()115 <:h 48, Y. •:(iix·til·.: Hay::. 10051 

63-46a-U. Administrative Rules Review Committee. 

(1) (a) There is created an Administrative Rules 

Review Committee of ten permanent members and 

four ex officio members. 

(b) (i) The committee's permanent members 

shall be composed of five members of the Senate, 

appointed by the president of the Senate, and five 

J 

J 
Utah Code Title 63, Chapter 46a (2006) 

membeTS of the House, appointed by the speaker 

of the House, with no more than three senatoTS 

and three representatives from the same political 

party. 

(ii) The permanent members shall convene 

at least once each month as a committee to 

review new agency rules, amendments to existing 

agency rules, and repeals of existing agency 

rules. Meetings may be suspended at the 

discretion of the committee chairs. 

(iii) Members shall serve for two-year terms 

or until their successoTS are appointed 

(iv) A vacancy exists whenever a 

committee member ceases to be a member of the 

Legislature, or when a member resigns from the 

committee. Vacancies shall be filled by the 

appointing authority, and the replacement shall 

serve out the unexpired term. 

(c) When the committee reviews existing rules, 

the committee's permanent members shall invite the 

Senate and House chairmen of the standing committee 

and the Senate and House chairmen of the 

appropriation subcommittee that have jurisdiction over 

the agency whose existing rules are being reviewed to 

participate as nonvoting, ex officio members with the 

committee. 

(d) Three representatives and three senatoTS from 

the permanent members are a quorum for the 

transaction ofbusiness at any meeting. 

(2) Each agency rule as defined in Section 63-46a-2 

shall be submitted to the committee at the same time public 

notice is given under Section 63-46a-4. 

(3) (a) The committee shall exercise continuous 

oversight of the process of rulemaking. 

(b) The committee shall examine rules submitted 

by each agency to determine: 

(i) whether or not they are authorized by 

statute; 

(ii) whether or not they comply with 

legislative intent; 

(iii) their impact on the economy and the 

government operations ofthe state and local 

political subdivisions; and 

(iv) their impact on affected persons. 

(c) To carry out these duties, the committee may 

examine any other issues that it considers necessary. 

The committee may also notify and refer rules to the 

chairmen of the interim committee which has 

jurisdiction over a particular agency when the 

committee determines that an issue involved in an 

agency's rules may be more appropriately addressed 

by that committee. 

(d) In reviewing the rules, the committee shall 

follow generally accepted principles of statutory 

construction. 

(4) The committee may request that the Office of the 

Legislative Fiscal Analyst prepare a fiscal note on any rule. 

(5) In order to accomplish its oversight functions, the 

committee has all the powers granted to legislative interim 

committees as set forth in Section 36-12-11. 

Utah Administrative Rulemaking Act 

(6) (a) The committee may prepare written findings 

of its review of each rule and may include any 

recommendations. including legislative action. 

(b) The committee shall provide to the agency 

that enacted the rule: 

(i) its findings, if any; and 

(ii) a request that the agency notify the 

committee of any changes it makes in the rule. 

(c) The committee shall provide its findings to 

any member of the Legislature and to any person 

affected by the rule who requests the findings. 

(d) The committee shall provide its findings to 

the presiding officers of both the House and the 

Senate, Senate and House chairs of the standing 

committee, and the Senate and House chairs of the 

Appropriation Subcommittee that have jurisdiction 

over the agency whose rules are the subject of the 

findings. 

(7) (a) The committee may submit a report on its 

review of state agency rules to each member of the 

Legislature at each regular session. 

(b) The report shall include: 

(i) the findings and recommendations made 

by the committee under Subsection ( 6); 

(ii) any action taken by an agency in 

response to committee recommendations; and 

(iii) any recommendations by the committee 

for legislation. 

(us l<~st .m~C'II.fed by UT L .'002 ch /85 s -40. <ffi,•cthc ,\fay 6, 1002! 

63-46a-ll.S. Legislative reauthorization of agency 

rules - Extension of rules by governor. 

( l) All grants of rulemaking power from the 

Legislature to a state agency in any statute are made subject 

to the provisions of this section. 

(2) (a) Except as provided in Subsection (2)(b), 

every agency rule that is in effect on February 28 of 

any calendar year expires on May 1 of that year unless 

it has been reauthorized by the Legislature. 

(b) Notwithstanding the provisions of Subsection 

(2)(a), an agency's rules do not expire if: 

(i) the rule is explicitly mandated by a 

federal law or regulation; or 

(ii) a provision of Utah's constitution vests 

the agency with specific constitutional authority 

to regulate. 

(3) (a) The Administrative Rules Review Committee 

shall have omnibus legislation prepared for 

consideration by the Legislature during its annual 

general session. 

(b) The omnibus legislation shall be substantially 

in the following form: "All rules of Utah state 

agencies are reauthorized except for the following:". 

(c) Before sending the legislation to the governor 

for his action, the Administrative Rules Review 

Committee may send a letter to the governor and to 

the agency explaining specifically why the committee 

believes any rule should not be reauthorized. 

(d) For the purpose of this section, the entire 

rule, a single section, or any complete paragraph of a 

rule may be excepted for reauthorization in the 

omnibus legislation considered by the Legislature. 
Utah Administrative Rulemaking Act 

(4) The Legislature's reauthorization of a rule by 

legislation does not constitute legislative approval of the 

rule, nor is it admissible in any proceeding as evidence of 

legislative intent 

(5) (a) If an agency believes that a rule that has not 

been reauthorized by the Legislature or that will be 

allowed to expire should continue in full force and 

effect and is a rule within their authorized rulemaking 

power, the agency may seek the governor's declaration 

extending the rule beyond the expiration date. 

(b) In seeking the extension, the agency shall 

submit a petition to the governor that affirmatively 

states: 

(i) that the rule is necessary; and 

(ii) a citation to the source of its authority to 

make the rule. 

(c) (i) If the governor finds that the necessity 

does exist, and that the agency has the authority 

to make the rule, he may declare the rule to be 

extended by publishing that declaration in the 

Administrative Rules Bulletin on or before April 

15 of that year. 

(ii) The declaration shall set forth the rule to 

be extended, the reasons the extension is 

necessary, and a citation to the source of the 

agency's authority to make the rule. 

(d) If the omnibus bill required by Subsection (3) 

fails to pass both houses of the Legislature or is found 

to have a technical legal defect preventing 

reauthorization of administrative rules intended to be 

reauthorized by the Legislature, the governor may 

declare all rules to be extended by publishing a single 

declaration in the Administrative Rules Bulletin on or 

before June 15 without meeting requirements of 

Subsections (5)(b) and (c). 

(a.> lastumend.·d hy Ur L /.998 ch 331. e(f-.,crt-<' July I, 1998) 

63-46a-12. Interested parties- Petition for agency 

action. 

(I) As used in this section, "initiate rulemaking 

proceedings" means the filing, for the pwposes of 

publication in accordance with Subsection 63-46a-4(4), of 

an agency's proposed rule to implement a petition for the 

making, amendment, or repeal of a rule as provided in this 

section. 

(2) An interested person may petition an agency to 

request the making, amendment, or repeal of a rule. 

(3) The division shall prescribe by rule the form for 

petitions and the procedure for their submission, 

consideration, and disposition. 

(4) A statement shall accompany the proposed rule, or 

proposed amendment or repeal of a rule, demonstrating that 

the proposed action is within the jurisdiction of the agency 

and appropriate to the powers of the agency. 

(5) Within 60 days after submission of a petition, the 

agency shall either deny the petition in writing, stating its 

reasons for the denial, or initiate rulemaking proceedings. 

(6) (a) If the petition is submitted to a board that has 

been granted rulemaking authority by the Legislature, 

the board shall, within 45 days of the submission of 

the petition, place the petition on its agenda for 

review. 

Utah Code Title 63, Chapter 46a (2006) 

(b) Within 80 days of the submission of the 

petition, the board shall either: 

(i) deny the petition in writing stating its 

reasons for denial; or 

(ii) initiate rulemaking proceedings. 

(7) If the agency or board has not provided the 

petitioner written notice that the agency has denied the 

petition or initiated rulemaking proceedings within the time 

limitations specified in Subsection (5) or (6) respectively, 

the petitioner may seek a writ of mandamus in state district 

court. 

l•l·' /,m,mr.•udedhy UTL :006 drl.lf. ejjixti1·c Hay 1,10061 

63-46a-12.1. JudJclal challenge to administrative rules. 

(I) (a) Any person aggrieved by a rule may obtain 

judicial review of the rule by filing a complaint with 

the county clerk in the district court where the person 

resides or in the district court in Salt Lake County. 

(b) Any person aggrieved by an agency's failure 

to comply with Section 63-46a-3 may obtain judicial 

review of the agency's failure to comply by filing a 

complaint with the clerk of the district court where the 

person resides or in the district court in Salt Lake 

County. 

(2) (a) Except as provided in Subsection (2)(b), a 

person seeking judicial review under this section shall 

exhaust that person's administrative remedies by 

complying with the requirements of Section 63-46a-12 

before filing the complaint. 

(b) When seeking judicial review of a rule, the 

person need not exhaust that person's administrative 

remedies if: 

(i) less than six months has passed since the 

date that the rule became effective and the person 

had submitted verbal or written comments on the 

rule to the agency during the public comment 

period; 

(ii) a statute granting rulemaking authority 

expressly exempts rules made under authority of 

that statute from compliance with Section 63-

46a-12; or 

(iii) compliance with Section 63-46a-12 

would cause the person irreparable harm. 

(3) (a) In addition to the information required by the 

Utah Rules of Civil Procedure, a complaint filed under 

this section shall contain: 

(i) the name and mailing address of the 

plaintiff; 

(ii) the name and mailing address of the 

defendant agency; 

(iii) the name and mailing address of any 

other party joined in the action as a defendant; 

(iv) the text of the rule or proposed rule, if 

any; 

(v) an allegation that the person filing the 

complaint has either exhausted the administrative 

remedies by complying with Section 63-46a-12 

or met the requirements for waiver of exhaustion 

of administrative remedies established by 

Subsection (2)(b); 

(vi) the relief sought; and 

.J 
(1·, 

\~ 

Utah Code Title 63, Chapter 46a (1006) 

by: 

(vii) factual and legal allegations supporting 

the relief sought. 

(b) (i) The plaintiff shall serve a smnmons and 

a copy of the complaint as required by the Utah 

Rules of Civil Procedure. 

(ii) The defendants shall file a responsive 

pleading as required by the Utah Rules of Civil 

Procedures. 

(iii) The agency shall file the administrative 

record of the rule, if any, with its responsive 

pleading. 

( 4) The district court may grant relief to the petitioner 

(a) declaring the rule invalid, if the court finds 

that: 

(i) the rule violates constitutional or 

statutory law or the agency does not have legal 

authority to make the rule; 

(ii) the rule is not supported by substantial 

evidence when viewed in light of the whole 

administrative record; or 

(iii) the agency did not follow proper 

rulemaking procedure; 

(b) declaring the rule nonapplicable to the 

petitioner; 

(c) remanding the matter to the agency for 

compliance with proper rulemaking procedures or 

further fact-finding; 

(d) ordering the agency to comply with Section 

63-46a-3; 

(e) issuing a judicial stay or injunction to enjoin 

the agency from illegal action or action that would 

cause irreparable harm to the petitioner; or 

(f) any combination of Subsections (4)(a) 

through (e). 

(5) If the plaintiff meets the requirements of 

Subsection (2)(b), the district court may review and act on 

a complaint under this section whether or not the plaintiff 

has requested the agency review under Section 63-46a-12. 

Ius las/ wnendd bv UT L 1001 ch 138, <ffedil·~ .Jpril 30, lOll/ i 

63-46a-13. Actions for declaratory judgment to 

determine the vaUdity of a rule. (Repealed] 

(npwlcd hy L-11. IV'ill ch :C14; se<• Svclillll 63-4ti<!-1 l./(200/ I 

and S<!..tim7 .'8-:!u-3 r~'!iO/jl 

63-46a-14. Time for contesting a rule- Statute of 

limitations. 

(1) A proceeding to contest any rule on the ground of 

noncompliance with the procedural requirements of this 

chapter shall commence within two years of the effective 

date of the rule. 

(2) A proceeding to contest any rule on the ground of 

not being supported by substantial evidence when viewed 

in light of the whole administrative record shall commence 

within four years of the effective date of the challenged 

action. 

(3) A proceeding to contest any rule on the basis that 

a change to the rule made under Subsection 63-46a-1 0(2) 

or (3) substantively changed the rule shall be commenced 

within two years ofthe date the change was made. 

1<1< !a.> I ammdt'J h,1· LT /, 1'198 C'/1 331. ,·fli·, 11><•./u/y I, l'J'i81 

Utah Administrative Rulemaking Act 

63-46a-1S. Declaratory rulings by agencies. (Repealed] 

fnJ'cah d hy VI' L /'i8X cl1 '2: .><'<' Se,·ricm n3-4fii>-::!.I 1 /9881) 

63-46a-16. Utah Administrative Code as official 

compUation of rules -Judicial notice. 

The code shall be received by all the judges, public 

officers, commissions, and departments of the state 

government as evidence of the administrative law of the 

state of Utah and as an authorized compilation of the 

administrative law of Utah. All courts shall take judicial 

notice of the code and its provisions. 

((L> /as/ cJIRCnJl'd hy Lff f./992 c:h ]()/) 

63-46a-17. Electronic records and conversion of 

written records by governmental agencies. 

A governmental agency may make rules regarding 

electronic records and conversion of written records as 

prescribed by Title 46, Chapter 4, Part 5, Electronic 

Records in Government Agencies. 

(a' •·nudl'li by UT L 2001 ch 138. e(fecrive .lpri/ 30, ]001) 

:VOTJ::: Sourct· documt·nts d"wnlth1dcd 5.'1.'2006 ti·om 

http://www.le.state.ut. us/-code!TJTL£63163 I D.'zip. Legis/.itil··· 

auitm i11/imnurion crdd.?d b.1· rhe Dil'i.;io11 of.ldminisn·.rtil·,• Rules 

ha.>t.·d n11 63 _I J>.txt (201M) prepared hy lh<·: Ojjice <?!'Legis/at in~ 

Rt:seanh wrd Genaai Cuml-'''1. 
ADMINISTRATIVE SERVICES 

R15. Administrative Services, Administrative 

Rules. 

R15-1. Administrative Rule Hearings. 

R15-1-1. Authority. 

(1) This rule establishes procedures and 

standards for administrative rule hearings as required 

by Subsection 63-46a-10(l)(a). 

(2) The procedures of this rule constitute the 

minimum requirements for mandatory administrative 

rule hearings. Additional procedures may be required 

to comply with any other governing statute, federal law, 

or federal regulation. 

R15-1-2. Defmitions. 

(l) Terms used in this rule are defined in 

Section 63-46a-2. 

(2) In addition: 

(a) "hearing" means an administrative rule 

hearing; and 

(b) "officer" means an administrative rule 

hearing officer. 

RlS-1-3. Purpose. 

(l) The purpose of this rule is to provide: 

(a) procedures for agency hearings on 

proposed administrative rules or rules changes, or on 

the need for a rule or change; 

(b) opportunity for public comment on rules; 

and 

(c) opportunity for agency response to public 

concerns about rules. 

R15-1-4. When AgeDCies Hold Hearings. 

( 1) Agencies shall hold hearings as required 

by Subsection 63-46a-5(2). 

(2) Agencies may hold hearings: 

(a) during the public comment period on a 

proposed rule, after its publication in the bulletin and 

prior to its effective date; 

(b) before initiating rulernaking procedures 

under Title 63, Chapter 46a, to promote public input 

prior to a rule's publication; 

(c) during a regular or extraordinary meeting 

of a state board, council, or commission, in order to 

avoid separate and additional meetings; or 

(d) to hear any public petition for a rule 

change as provided by Section 63-46a-12. 

(3) Voluntary hearings, as described in this 

section, follow the procedures prescribed by this rule or 

any other procedures the agency may provide by rule. 

(4) Mandatory hearings, as described in this 

section, follow the procedures prescribed by this rule 

and any additional requirements of state or federal law. 

(5) If an agency holds a mandatory hearing 

under the procedures of this rule during the public 

comment period described in Subsection 63-46a-4(6), 

no second hearing is required for the purpose of 

comment on the same rule or change considered at the 

first hearing. 

R15-1-S. Hearing Procedures. 

(1) Notice. 

(a) An agency shall provide notice of a 

hearing by: 

(i) publishing the hearing date, time, place, 

and subject in the bulletin; 

(ii) mailing copies of the notice directly to 

persons who have petitioned for a hearing or rule 

changes under Section 63-46a-5 or 63-46a-12, 

respectively; and 

(iii) posting for at least 24 hours in a place in 

the agency's offices which is frequented by the public. 

(b) If a rules hearing becomes mandatory 

after the agency has published the proposed rule in the 

bulletin, the agency shall notify in writing persons 

requesting the hearing of the time and place. 

(c) An agency may provide additional notice 

of a hearing, and shall give further notice as may 

otherwise be required by law. 

(2) Hearing Officer. 

(a) The agency head shall appoint as hearing 

officer a person qualified to conduct fairly the hearing. 

(b) No restrictions apply to this appointment 

except the officer shall know rulemaking procedure. 

(c) However, if a state board, council, or 

commission is responsible for agency rulernaking, and 

holds a hearing, a member or the body's designee may 

be the hearing officer. 

(3) Time. The officer shall open the hearing 

at the announced time and place and permit comment 

for a minimum of one hour. The hearing may be 

extended or continued to another day as necessary in 

the judgment of the officer. 

( 4) Comment. 

(a) At the opening of the hearing, the officer 

shall explain the subject and purpose of the hearing and 

invite orderly, germane comment from all persons in 

attendance. The officer may set time limits for 

speakers and shall ensure equitable use of time. 

(b) The agency shall have a representative at 

the hearing, other than the officer, who is familiar with 

the rule at issue and who can respond to requests for 

April 1, 2006 UTAH ADMINISTRATIVE CODE 
ADMINISTRATIVE SERVICES 

information by those in attendance. 

(c) The officer shall invite written comment 

to be submitted at the hearing or after the hearing, 

within a reasonable time. Written comment shall be 

attached to the hearing minutes. 

(d) The officer shall conduct the hearing as 

an open, informal, orderly, and informative meeting. 

Oaths, cross-examination, and rules of evidence are not 

required. 

(5) The Hearing Record. 

(a) The officer shall cause to be recorded the 

name, address, and relevant affiliation of all persons 

speaking at the hearing, and cause an electronic or 

mechanical verbatim recording of the hearing to be 

made, or make a brief summary, of their remarks. 

(b) The hearing record consists of a copy of 

the proposed rule or rule change, submitted written 

comment, the hearing recording or summary, the list of 

persons speaking at the hearing, and other pertinent 

documents as determined by the agency. 

(c) The hearing officer shall, as soon as 

practicable, assemble the hearing record and transmit it 

to the agency for consideration. 

(d) The hearing record shall be kept with and 

as part of the rule's administrative record in a file 

available at the agency offices for public inspection. 

R15-1-8. Decision on an Issue Regarding 

Rulemaking Procedure. 

( 1) When a hearing issue requires a decision 

regarding rulemaking procedure, the officer shall 

submit a written request for a decision to the director as 

soon as practicable after, or after recessing, the hearing, 

as provided in Section R15-5-6. The director shall 

reply to the agency head as provided in Subsection 

R15-5-6(2). The director's decision shall be included 

in the hearing record. 

R15-1-9. Appeal and Judicial Review. 

(1) Persons may appeal the decision of the 

agency head or the division by petitioning the district 

court for judicial review as provided by law. 

KEY: adiiiinim'ative law, government hearings 

Date of Enactment or Last Substantive 

Amendment: June 1,1996 

Notice of Continuation: September 29, 2005 

Authorizing, and Implemented or Interpreted Law: 

63-46a-10 

R1S. Administrative Services, Administrative Rules \ 

R1S-2. PubUc: Petitioning for Rulemaking. ..., 

R15-2-1. Authority. 

As required by Subsection 63-46a-12(2), this 

rule prescribes the form and procedures for submission, 

consideration, and disposition of petitions requesting 

the making, amendment, or repeal of an administrative 

rule. 

R15-2-2. Definitions. 

(1) Terms used in this rule are defined in 

Section 63-46a-2. 

(2) In addition, "rule change" means: 

(a) making a new rule; 

(b) amending, repealing, or repealing and 

reenacting an existing rule; 

(c) amending a proposed rule further by filing 

a change in proposed rule under the provisions of 

Section 63-46a-6; 

(d) allowing a proposed (new, amended, 

repealed, or repealed and reenacted) rule or change in 

proposed rule to lapse; or 

(e) any combination of the above. 

R1S-2-3. Petition Procedure. 

(1) The petition shall be addressed and \ 

delivered to the head of the agency authorized by law ,..., 

to make the rule change requested. 

(2) The agency receiving the petition shall 

stamp the petition with the date of receipt. 

RlS-2-4. Petition Form. 

The petition shall: 

(a) be clearly designated "petition for a rule 

change"; 

(b) state the approximate wording of the 

requested rule change; 

(c) describe the reason for the rule change; 

(d) include an address and telephone where 

the petitioner can be reached during regular work days; 

and 

(e) be signed by the petitioner. 

RlS-2-5. Petition Consideration And Disposition. 

(1) The agency head or designee shall: 

(a) review and consider the petition; 

(b) write a response to the petition stating: 

(i) that the petition is denied and reasons for 

denial, or 

(ii) the date when the agency is initiating a 

rule change consistent with the intent of the petition; 

April 1, 2006 UTAH ADMINISTRATIVE CODE J 
I''' 

(~ \ 

ADMINISTRATIVE SERVICES 

and 

(c) send the response to the petitioner within 

30 days of receipt of the petition. 

(2) The petitioned agency may interview the 

petitioner, hold a public hearing on the petition, or take 

any action the agency, in its judgement, deems 

necessary to provide the petition due consideration. 

(3) The agency shall retain the petition and a 

copy of the agency's response as part of the 

administrative record. 

(4) The agency shall mail copies of its 

decision to all persons who petitioned for a rule 

change. 

KEY: administrative law 

Date of Enactment or Last Substantive 

Amendment: June 1, 1996 

Notice of Continuation: September 29, 2005 

Authorizing, and Implemented or Interpreted Law: 

63-46a-12 

R1S. Adnlinmrative Services, Administrative 

Rules. 

R1S-3. Defmitional Clarification of Administrative 

Rule. 

R1S-3-1. Authority, Purpose, and Defmitions. 

( 1) This rule is authorized under Subsection 

63-46a-10(1) which requires the division to administer 

the Utah Administrative Rulemaking Act, Title 63, 

Chapter 46a. 

(2) This rule clarifies when rulernaking is 

required, and requirements for incorporation by 

reference within rules. 

(3) Terms used in this rule are defined in 

Section 63-46a-2. 

RlS-3-2. Agency Discretion. 

(1) A rule may restrict agency discretion to 

prevent agency personnel from exceeding their scope 

of employment, or committing arbitrary action or 

application of standards, or to provide due process for 

persons affected by agency actions. 

(2) A rule may authorize agency discretion 

that sets limits, standards, and scope of employment 

within which a range of actions may be applied by 

agency personnel. A rule may also establish criteria for 

granting exceptions to the standards or procedures of 

the rule when, in the judgment of authorized personnel, 

documented circumstances warrant. 

(3) An agency may have written policies 

which broadly prescribe goals and guidelines. Policies 

are not rules unless they meet the criteria for rulC?S set 

forth under Section 63-46a-3(2). 

(4) Within the limits prescribed by Sections 

63-46a-3 and 63-46a-12.1, an agency has full 

discretion regarding the substantive content of its rules. 

The division has authority over nonsubstantive content 

under Subsections 63-46a-10(2) and (3), and 63-46a10.5(2) and (3), rulemaking procedures, and the 

physical format of rules for compilation in the Utah 

Administrative Code. 

RlS-3-3. Use of Incorporation by Reference in 

Rules. 

( 1) An agency incorporating materials by 

reference as permitted under Subsection 63-46a-3(7) 

shall comply with the following standards: 

(a) The rule shall state specifically that the 

cited material is "incorporated by reference." 

(b) If the material contains options, or is 

modified in its application, the options selected and 

modifications made shall be stated in the rule. 

(c) If the incorporated material is 

substantively changed at a later time, and the agency 

intends to enforce the revised material, the agency shall 

amend its rule through rulernaking procedures to 

incorporate by reference any applicable changes as 

soon as practicable. 

(d) In accordance with Subsection 63-46a3(7)(c), an agency shall describe substantive changes 

that appear in the materials incorporated by reference 

as part of the "summary of rule or change" in the rule 

analysis. 

(2) An agency shall comply with copyright 

requirements when it provides the division a copy of 

material incorporated by reference. 

RlS-3-4. Computer-Prohibited MateriaL 

(1) All rules shall be in a format that permits 

their compatibility with the division's computer system 

and compilation into the Utah Administrative Code. 

(2) Rules may not contain maps, charts, 

graphs, diagrams, illustrations, forms, or similar 

material. 

(3) The division shall issue and provide to 

agencies instructions and standards for formatting 

rules. 

KEY: administrative law 

Date of Enactment or Last Substantive 

Amendment: June 1,1996 

April 1, 2006 UTAH ADMINISTRATIVE CODE 
ADMINISTRATIVE SERVICES 

Notice of Continuation: September 29, 2005 

Authorizing, and Implemented or Interpreted Law: 

63-46a-10; 63-46a-3 

RIS. Administrative Services, Administrative 

Rules. 

RIS-4. Administrative Rulemaking Procedures. 

RlS-4-1. Authority and Purpose. 

(1) This rule establishes procedures for filing 

and publication of agency rules under Sections 63-46a4, 63-46a-6, and 63-46a-7, as authorized under 

Subsection 63-46a-IO(l). 

(2) The procedures of this rule constitute 

minimum requirements for rule filing and publication. 

Other governing statutes, federal laws, or federal 

regulations may require additional rule filing and 

publication procedures. 

RlS-4-2. nermttions. 

(1) Terms used in this rule are defined in 

Section 63-46a-2. 

(2) Other terms are defined as follows: 

(a) "Anniversary date" means the date that is 

five years from the original effective date of the rule, or 

the date that is five years from the date the agency filed 

with the division the most recent five-year review 

required under Subsection 63-46a-9(3), whichever is 

sooner. 

(b) "Digest" means the Utah State Digest that 

summarizes the content of the bulletin as required by 

Subsection 63-46a-IO(l)(t); 

(c) "Codify" means the process of collecting 

and arranging administrative rules systematically in the 

Utah Administrative Code, and includes the process of 

verifying that each amendment was marked as required 

under Subsection 63-46a-4(2)(b); 

(d) "Compliance cost" means expenditures a 

regulated person will incur if a rule or change is made 

effective; 

(e) "Cost" means the aggregated expenses 

persons as a class affected by a rule will incur if a rule 

or change is made effective; 

(t) "Savings" means: 

(i) an aggregated monetary amount that will 

no longer be incurred by persons as a class if a rule or 

change is made effective; 

(ii) an aggregated monetary amount that will 

be refunded or rebated if a rule or change is made 

effective; 

(iii) an aggregated monetary amount of 

anticipated revenues to be generated for state budgets, . \ 

local governments, or both if a rule or change is made ...., 

effective; or 

(iv) any combination of these aggregated 

monetary amounts. 

{g) "Unmarked change" means a change 

made to rule text that was not marked as required by 

Subsection 63-46a-4(2)(b ). 

RlS-4-3. Publication Dates and Deadlines. 

(I) For the purposes of Subsections 63-46a4(2) and 63-46a-6(1), an agency shall file its rule and 

rule analysis by 11:59:59 p.m. on the fifteenth day of 

the month for publication in the bulletin and digest 

issued on the first of the next month, and by 11:59:59 

p.m. on the first day of the month for publication on the 

fifteenth of the same month. 

(a) If the first or fifteenth day is a Saturday, 

or a Tuesday, Wednesday, Thursday, or Friday holiday, 

the agency shall file the rule and rule analysis by 

11:59:59 p.m. on the previous regular business day. 

(b) If the first or fifteenth day is a Sunday or 

Monday holiday, the agency shall file the rule and rule 

analysis by 11:59:59 p.m. on the next regular business 

day. 

(2) For all purposes, the official date of . \. 

publication for the bulletin and digest shall be the first ,._., 

and fifteenth days of each month. 

RIS-4-4. Thirty-day Comment Period. 

( 1) For the purposes of Subsections 63-46a4(6) and 63-46a-4(7), and in conformity with Utah 

Rules of Civil Procedures, Rule 6 (a), "30 days" shall 

be computed by: 

{a) counting the day after publication of the 

rule as the first day; and 

(b) counting the thirtieth consecutive day 

after the day of publication as the thirtieth day, unless 

{c) the thirtieth consecutive day is a Saturday, 

Sunday, or holiday, in which event the comment period 

runs until 5 p.m. the next regular business day. 

(2) A rule may be made effective on the day 

after the comment period expires. 

RIS-4-5. Notice of the Effective Date of a Rule. 

(1) (a) Upon expiration of the comment 

period designated on the rule analysis and filed with the 

rule, and before expiration of 120 days after 

publication of a proposed rule, the agency proposing 

the rule shall notify the division of the date the rule is to 

become effective and enforceable. 

April 1, 2006 UTAH ADMINISTRATIVE CODE J 
ADMINISTRATIVE SERVICES 

(b) The agency shall notify the division after 

determining that the proposed rule, in the form 

published, shall be the final form of the rule, and after 

informing the division of any nonsubstantive changes 

in the rule as provided for in Section R15-4-6. 

(2) (a) The agency shall notify the division by 

filing with the division a form designated for that 

purpose indicating the effective date. 

(b) If the form designated is unavailable to 

the agency, the agency may notify the division by any 

other form of written communication clearly 

identifying the proposed rule, stating the date the rule 

was filed with the division or published in the bulletin, 

and stating its effective date. 

(3) The date designated shall be after the 

comment period specified on the rule analysis. 

(4) The division shall publish the effective 

date in the next issue of the bulletin and digest. There 

is no publication deadline for a notice of effective date, 

nor requirement that it be published prior to the 

effective date. 

RlS-4-6. Nonsubstantive Changes in Rules. 

(1) Pursuant to Subsections 63-46a-3(4)(d) 

and 63-46a-6{2), for the purpose of making rule 

changes that are grammatical or do not materially affect 

the application or outcome of agency procedures and 

standards, agencies shall comply with the procedures of 

this section. 

(2) The agency proposing a change shall 

determine if the change is substantive or nonsubstantive 

according to the criteria cited in Subsection R15-4-

6(1). 

(a) The agency may seek the advice of the 

Attorney General or the division, but the agency is 

responsible for compliance with the cited criteria. 

(3) Without complying with regular 

rulemaking procedures, an agency may make 

nonsubstantive changes in: 

(a) proposed rules already published in the 

bulletin and digest but not made effective, or 

(b) rules already effective. 

(4) To make a nonsubstantive change in a 

rule, the agency shall: 

(a) notify the division by filing with the 

division the form designated for nonsubstantive 

changes; 

(b) include with the notice the rule text to be 

changed, with changes marked as required by Section 

R15-4-9; and 

(c) include with the notice the name of the 

agency head or designee authorizing the change. 

(5) A nonsubstantive change becomes 

effective on the date the division makes the change in 

the Utah Administrative Code. 

(6) The division shall record the 

nonsubstantive change and its effective date in the 

administrative rules register. 

RlS-4-7. Substantive Changes in Proposed Rules. 

( 1) Pursuant to Section 63-46a-6, agencies 

shall comply with the procedures of this section when 

making a substantive change in a proposed rule. 

(a) The procedures of this section apply if: 

(i) the agency determines a change in the rule 

is necessary; 

(ii) the change is substantive under the 

criteria of Subsection 63-46a-2(19); 

(iii) the rule was published as a proposal in 

the bulletin and digest; and 

(iv) the rule has not been made effective 

under the procedures of Subsection 63-46a-6( 1 )(d) and 

Section RlS-4-5. 

(b) If the rule is already effective, the agency 

shall comply with regular rulemaking procedures. 

(2) To make a substantive change in a 

proposed rule, the agency shall file with the division: 

(a) a rule analysis, marked to indicate the 

agency intends to change a rule already published, and 

describing the change and reasons for it; and 

(b) a copy of the proposed rule previously 

published in the bulletin marked to show only those 

changes made since the proposed rule was previously 

published as described in SectionR15-4-9. 

(3) The division shall publish the rule 

analysis in the next issue of the bulletin, subject to the 

publication deadlines of Section R15-4-3. The division 

may also publish the changed text of the rule. 

(4) The agency may make a change in 

proposed rule effective by following the requirements 

of Section R15-4-5, or may further amend the rule by 

following the procedures of Sections R15-4-6 or R15-

4-7. 

RlS-4-8. Temporary 120-day Rules. 

(1) Pursuant to Section 63-46a-7, for the 

purpose of filing a temporary rule, an agency shall 

comply with the procedures of this section. 

(2) The agency proposing a temporary rule 

shall determine if the need for the rule complies with 

the criteria of Subsection 63-46a-7 ( 1 ). 

(a) The division interprets the criteria of 

April 1, 2006 UTAH ADMINISTRATIVE CODE 
ADMINISTRATIVE SERVICES 

Subsection 63-46a-7(1) to include under "we!fare" any 

substantial material loss to the classes of persons or 

agencies the agency is mandated to regulate, serve, or 

protect. 

(3) The agency shall use the same procedures 

for filing and publishing a temporary rule as for a 

permanent rule, except: 

(a) the rule shall become effective and 

enforceable on the day and hour it is recorded by the 

division unless the agency designates a later effective 

date on the rule analysis; 

(b) no conunent period is necessary; 

(c) no public hearing is necessary; and 

(d) the rule shall expire 120 days after the 

rule's effective date unless the filing agency notifies the 

division, on the form or by memorandum, of an earlier 

expiration date. 

(4) A temporary rule is separate and distinct 

from a rule filed under regular rulemaking procedures, 

though the language of the two rules may be identical. 

To make a temporary rule permanent, the agency shall 

propose a separate rule for regular rulemaking. 

(5) When a temporary rule and a similar 

regular rule are in effect at the same time, any conflict 

between the provisions of the two are resolved in favor 

of the rule with the most recent effective date, unless 

the agency designates otherwise as part of the rule 

analysis. 

(6) A temporary rule has the full force and 

effect of a permanent rule while in effect, but a 

temporary rule is not codified in the Utah 

Administrative Code. 

RlS-4-9. Underscoring and Striking Out. 

(1) (a) Pursuant to Subsection 63-46a4(2)(b), an agency shall underscore language to be 

added and strike out language to be deleted in proposed 

rules. 

(b) Consistent with Subsection 63-46a4(2)(b), an agency shall underscore language to be 

added and strike out language to be deleted in changes 

in proposed rules, 120-day rules, and nonsubstantive 

changes. 

(c) Consistent with legislative bill drafting 

technique, the struck out language shall be surrounded 

by brackets. 

(2) When an agency proposes to make a new 

rule or section, the entire proposed text shall be 

underscored. 

(3)(a) When an agency proposes to repeal a 

complete rule it shall include as part of the information 

provided in the rule analysis a brief summary of the 

deleted language and a brief explanation of why the 

rule is being repealed. 

(b) The agency shall include with the rule 

analysis a copy of the text to be deleted in one of the 

following formats: 

(i) each page annotated "repealed in its 

entirety" or 

(ii) the entire text struck out in its entirety and 

surrounded by one set of brackets. 

(c) The division shall not publish repealed 

rules unless space is available within the page limits of 

the bulletin. 

(4) When an agency fails to mark a change as 

described in this section, the director or his designee 

may refuse to codify the change. When determining 

whether or not to codify an unmarked change, the 

director shall consider: 

(a) whether the unmarked change is 

substantive or nonsubstantive; and 

(b) if the purpose of public notification has 

been adequately served. 

(5) The director's refusal to codify an 

unmarked change means that the change is not 

operative for the purposes of Section 63-46a-16 and 

that the agency must comply with regular rulemaking 

procedures to make the change. 

RlS-4-10. Estimates of Anticipated Cost or 

Savings, and Compliance Cost. 

(1) Pursuant to Subsections 63-46a-4(3), 63-

46a-6(1), 63-46a-7(2), and 53C-1-201(3), when an 

agency files a proposed rule, change in proposed rule, 

120-day (emergency) rule, or expedited rule and 

provides anticipated cost or savings, and compliance 

cost information in the rule analysis, the agency shall: 

(a) estimate the incremental cost or savings 

and incremental compliance cost associated with the 

changes proposed by the rule or change; 

(b) estimate the incremental cost or savings 

and incremental compliance cost in dollars, except as 

otherwise provided in Subsections R15-4-10(4) and 

(5); 

(c) indicate that the amount is either a cost or 

a savings; and 

(d) estimate the incremental cost or savings 

expected to accrue to "state budgets," "local 

governments," or "other persons" as aggregated cost or 

savings; 

(2} In addition, an agency may: 

(a) provide a narrative description of 

April 1, 2006 UTAH ADMINISTRATIVE CODE 

J 

J 
.. <.· 

ADMINISTRATIVE SERVICES 

anticipated cost or savings, and compliance cost~ R15. Administrative Services, Administrative 

(b) compare anticipated cost or savings, and Rules. 

compliance cost figw-es, for the rule or change to: R15-5. Administrative Rules Adjudicative 

(i) current budgeted costs associated with the Proceedings. 

existing rule, R15-5-1. Purpose. 

(ii) figures reported on a fiscal note attached (1) This rule provides the procedures for 

to a related legislative bill, or informal adjudicative proceedings governing: 

(iii) both (i) and (ii). (a) appeal and review of a decision by the 

(3) If an agency chooses to provide division not to publish an agency's proposed rule or 

comparison figures, it shall clearly distinguish rule change or not to register an agency's notice of 

comparison figures from the anticipated cost or effective date; and 

savings, and compliance cost figures. (b) a determination by the division whether 

(4) If dollar estimates are unknown or not an agency rule meets the procedural requirements of 

available, or the obtaining thereof would impose a Title 63, Chapter 46a, the Utah Administrative 

substantial unbudgeted hardship on the agency, the Rulemaking Act. 

agency may substitute a reasoned narrative description (2) The informal procedures of this rule apply 

of cost-related actions required by the rule or change, to all other division actions for which an adjudicative 

and explain the reason or reasons for the substitution. proceeding may be required. 

(5) If no cost, savings, or compliance cost is 

associated with the rule or change, an agency may enter 

"none," "no impact," or similar words in the rule 

analysis followed by a written explanation of how the 

agency estimated that there would be no impact, or how 

the proposed rule, or changes made to an existing rule 

does not apply to "state budgets," "local government," 

· "other persons," or any combination of these. 

(6) If an agency does not provide an estimate 

of cost, savings, compliance cost, or a reasoned 

narrative description of cost information; or a written 

explanation as part of the rule analysis in compliance 

with this section, the Division may, after making an 

attempt to obtain the required information, refuse to 

register and publish the rule or change. If the Division 

refuses to register and publish a rule or change, it shall: 

(a) return the rule or change to the agency 

with a notice indicating that the Division has refused to 

register and publish the rule or change; 

(b) identify the reason or reasons why the 

Division refused to register and publish the rule or 

change; and 

(c) indicate the filing deadlines for the next 

issue of the Bulletin. 

KEY: administrative law 

Date of Enactment or Last Substantive 

Amendment: July 1,1998 

Notice of Continuation: September 29, 2005 

Authorizing, and Implemented or Interpreted Law: 

63-46a-10 

R15-5-2. Authority. 

This rule is required by Sections 63-46b-4 and 

63-46b-5, and is enacted under the authority of 

Subsection 63-46a-10(l)(m) and Sections 63-46b-4, 

63-46b-5, and 63-46b-21. 

R15-5-3. Definitions. 

(1) The terms used in this rule are defined in 

Section 63-46b-2. 

(2) In addition, "digest" means the Utah State 

Digest which summarizes the content of the bulletin as 

required under Subsection 63-46a-lO(l)(f). 

R15-5-4. Refusal to Publish or Register a Rule or 

Rule Change. 

(l) The division shall not publish a proposed 

rule or rule change when the division determines the 

agency has not met the requirements of Title 63, 

Chapter 46a, or of Rules R15-3 or Rl5-4. 

(2) The division shall not register an agency's 

notice of effective date, nor codify the rule or rule 

change in the Utah Administrative Code, if the agency 

exceeds the 120-day limit required by Subsection 63-

46a-4(6)(a) as interpreted in Section RlS-4-5. 

(3) The division shall notify the agency of a 

refusal to publish or register a rule or rule change, and 

shall advise and assist the agency in correcting any 

error or omission, and in re-filing to meet statutory and 

regulatory criteria. 

R15-5-5. Appeal of a Refusal to Publish or Register 

a Rule or Rule Change. 

April 1, 2006 UTAH ADMINISTRATIVE CODE 
ADMINISTRATIVE SERVICES 

(1) An agency may request a review of a 

division refusal to publish or register a rule or rule 

change by filing a written petition for review with the 

division director. 

(2) The division director shall grant or deny 

the petition within 20 days, and respond in writing 

giving the reasons for any denial. 

(3) The agency may appeal the decision of 

the division director by filing a written appeal to the 

Executive Director of the _ Department of 

Administrative Services within 20 days of receipt of the 

division director's decision. The Executive Director 

shall respond within 20 days affirming or reversing the 

division director's decision. 

R15-5-6. Determining the Procedural Validity of a 

Rule. 

(1) A person may contest the procedural 

validity, or request a determination of whether a rule 

meets the requirements of Title 63, Chapter 46a, by 

filing a written petition with the division. 

(a) The rule at issue may be a proposed rule 

or an effective rule. 

(b) The petition must be received by the 

division within the two-year limit set by Section 63-

46a-14. 

(c) The petition may emanate from a 

rulemaking hearing as in Section Rl5-l-8. 

(d) The petition shall specify the rule or rule 

change at issue and reasons why the petitioner deems it 

procedurally flawed or invalid. 

(e) The petition shall be accompanied by any 

documents the division should consider in reaching its 

decision. 

(f) The petition shall be signed and designate 

a telephone number where the petitioner can be 

contacted during regular business hours. 

(2) The division shall respond to the petition 

in writing within 20 days of its receipt. 

(a) The division shall research all records 

pertaining to the rule or rule change at issue. 

(b) The response of the division shall state 

whether the rule is procedurally valid or invalid and 

how the agency may remedy any defect. 

(c) The division shall send a copy of the 

petition and its response to the pertinent agency. 

(3) The petitioner may request 

reconsideration of the division's findings by filing a 

written request for reconsideration with the division 

director. 

(a) The director may respond to the request in 

writing. 

(b) If the petitioner receives no response 

within 20 days, the request is denied. 

R15-5-7. Remedies Resulting from an Adjudicative 

Proceeding. 

(1) A rule the division determines is 

procedurally invalid shall be stricken from the Utah 

Administrative Code and notice of its deletion 

published in the next issues of the bulletin and digest. 

(2) The division shall notify the pertinent 

agency and assist the agency in re-filing or otherwise 

remedying the procedural omission or error in the rule. 

(3) A rule the division determines is 

procedurally valid shall be published and registered 

promptly. 

KEY: administrative procedtu"e, administrative 

law 

Date of Enactment or Last Substantive 

Amendment: June 1, 1996 

Notice of Continuation: September 29, 2005 

Authorizing, and Implemented or Interpreted Law: 

63-46a-10; 63-46b-4; 63-46b-5; 63-46b-21 

April 1, 2006 UTAH ADMINISTRATIVE CODE 

J 

J 
Proposed Rule 
NOTICES OF PROPOSED RULES 

(.R"' . "'4 hour nursing care or 24 hour on call nursina care will be 

~;ompcnsated for residential and day trea Residential and day 

ent shall DOt be used for extend care of dysfunctional 

"lies and containment placements. A t relationship to the 

needs to be established. R.esi · al treatment shaU not 

$300 per day and will be consi payment in full to the 

. Residential treatment sball be ·ted to 30 days, unless 

extenuating cin:umstances req · · 1 extended care. All 

clieuta sball receive rou assessments from a 

mdlor APR.N at least o a week for medication 

muuap~lt. Day treatment shall not c:eed $200 per day and Ell .15lillllll!ml..I¥J~!IL...ua-..i!lll.PLwpU be considered payment in 

8 

DAR. File No. 28319 

directly related to the crime. The CVR Board may review 

ex uating circumstance cases. 

Rl7 1-19. Medical A warda. 

Pursuant to Subsection 63-2Sa-411(4 

are sub t to limitations u follows: 

1. All medical costs must be rel 

victimiza ·on and all treatment must be 

customary. 

2. The 

billinpu 

3. The any interest, finaDce, or 

upon that benefit The fund will not pay for jntoxjcatin& or 

psychotropic substances unless mescrjbed by a medical practitioner 

licensed to do so. Claim will be denied jfno healin& benefit can be 

identified. 

KEY: victim compensation, victims of crimes 

[jllly a, l004]Janaarv 3. 100§ 

Notice of Continaation December 10, 1001 

63-15a-401 et seq • 

. ----------------. 

Environmental Quality, Air Quality 

R307-101-2 

Definitions 

NOTICE OF PROPOSED RULE 

(Amendment) 

DAR FILE No.: 28319 

FILED: 11/03/2005, 08:15 

UTAHSTATEBUUETIN, December I, 2005, Vol. 2005, No. 23 

f-/ 
DAR File No. 28319 

RULE ANALYSIS 

PURPOSE OF THE RULE OR REASON FOR THE CHANGE: The 

purpose of the changes is to clarify the general definitions that 

are used throughout Title R307. This amendment is part of 

revisions to rules related to the federal New Source Review 

program, commonly called •NsR Reform• (see separate filings 

on Rules R307-401, R307-405, and R307-410 in this Issue). 

(DAR NOTE: The repeal and reenactment on Rule R307-401 

is under DAR No. 28325; the repeal and reenactment on Rule 

R307 -405 is under DAR No. 28322; and the amendment to 

Rule R307-410 is under DAR No. 28323 in this issue.) 

SUMMARY OF THE RULE OR CHANGE: In changes are: amend the 

reference within the definition of •Allowable Emissions• to 

match the structure of the new text for Rule R307-401; move 

the definitions of •Best Available Control Technology" and 

•Indirect Source• from Section R307-101-2 to Rule R307-401 

because the terms are used only in the new text for R307 -401 ; 

move the definitions of "Vertically Restricted Emissions 

Release• and "Vertically Unrestricted Emissions Release• 

from Section R307-101-2 to Rule R307-410 because the 

terms are used only in the amended text for Rule R307-410; 

delete the definition of • Air Quality Related Value• and 

Subsection R307-101-2(2) of the definition of •significant" 

because they appear in the federal rules that are Incorporated 

by reference in the new text for Rule R307-405; move the 

definition of •Baseline Date• from Section R307-101-2 to the 

new text for Rule R307-405. 

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS 

RULE: Subsection 19-2-104(3}(q) 

ANTICIPATED COST OR SAVINGS TO: 

+ THE STATE BUDGET: The state budget is not affected 

because all costs for permitting are covered by the fees paid 

by sources. 

+ LOCAL GOVERNMENTS: The definitions are being moved but 

not changed; therefore, there is no change in costs for 

sources subject to the rule. 

+ OTHER PERSONS: The definitions are being moved but not 

changed; therefore, there is no change in costs for sources 

subject to the rule. 

COMPLIANCE COSTS FOR AFFECTED PERSONS: The definitions are 

being moved but not changed; therefore, there is no change in 

costs for sources subject to the rule. 

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE 

RULE MAY HAVE ON BUSINESSES: Moving the definitions may 

make a very small difference in costs for businesses, as the 

rules will be easier to understand and to use. Dianne R. 

Nielson, Executive Director 

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURING REGULAR 

BUSINESS HOURS, AT: 

ENVIRONMENTAL QUALITY 

AIR QUALITY 

150N 1950W 

SALT LAKE CITY UT 84116-3085, or 

at the Division of Administrative Rules. 

UTAH STATE BULLETIN, December 1, 2005, Vol. 2005, No. 23 

NOTICES OF PROPOSED RULES 

DIRECT QUESTIONS REGARDING THIS RULE TO: / 

Jan Miller or Mat E. Cartile at the above address, by phone at ,,, 

801-536-4042 or 801-536-4136, by FAX at 801-536-4099 ~~ .. 

801-536-0085, or by Internet E-mail at janmiller@utah.gov ~ 

MCARLILE@utah.gov 

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY 

SUBMITTING WRITTEN COMMENTS TO THEADDRESSASOVE NO LATER 

THAN 5:00PM on 01/1712006 

INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING 

THIS RULE: 12/1412005 at 2:00 PM, DEQ Bldg #2, 168 N 1950 

W, Room 201, Salt lake City, UT. 

THIS RULE MAY BECOME EFFECTIVE ON: 02/02/2006 

AUTHORIZED BV: M. Cheryl Heying, Planning Branch Manager 

R307. Eavlroaaaeatal Quality, Air Quality. 

R307-101. Geaeral Requlreaaeata. 

RJ07-101-l. DeftDitiODL 

Except where specified in individual JUles, definitions in R307-

1 01-2 are applicable to all JUles adopted by the Air Quality Board. 

"Actual Emissions" means the actual rate of emissions of a 

pollutant from aa emissions unit determined as follows: 

(1) In general, actual emissions as of a particular date shall 

equal the average rate, in tons per year, at which the unit actually 

emitted the pollutant dming a two-year period which precedes the 

particular date and which is representative of normal source 

operations. The Executive Secretary shall allow the use of a 

different time period upon a determination that it is moSJ· ' 

representative of normal source operation. Actual emissions shall 

calculated using the unit's actual operating hours, productioa rates, 

and types of materials processed, stored, or combusted during the 

selected time period. 

(2) The Executive Secretary may presume that source-specific 

allowable emissions for the unit are equivalent to the actual 

emissions of the unit. 

(3) For any emission unit, other than an electric utility steam 

generating unit specified in (4), which has not begun normal 

operations on the particular date, actual emissions shall equal the 

potential to emit of the unit on that date. 

(4) For an electric utility steam generating unit (other than a 

new unit or the replacement of an existing unit) actual emissions of 

the unit following the physical or operational change shall equal the 

representative actual annual emissions of the unit, provided the 

source owner or operator maintains and submits to the executive 

secretary, on an annual basis for a period of 5 years from the date the 

unit reswnes regulAr operation, information demonstrating that the 

physical or operational change did not result in an emissions 

increase. A longer period, not to exceed 1 0 years, may be required 

by the executive secretary if the executive secretary determines such 

a period to be more representative of normal source post-change 

operations. 

"Acute Hazardous Air Pollutant" means any noncarcinogenic 

hazardous air pollutant for which a threshold limit value - ceiling 

(TI.V-q has been adopted by the American Conference of 

Governmental Industrial Hygienists in its "Threshold Limit Values 
NOTICES OF PROPOSED RULES 

for Chemical Substances and Physical Agents and Biological 

Exposure Indices. pages 15 - 72 (::!000)." 

"Air Contaminant" means any particulate matter or any gas, 

vapor, suspended solid or any combination ofthem, excluding steam 

and water vapors (Section 19-2-102(1)). 

"Air Contaminant Source" means any and all sources of 

emission of air contaminants whether privately or publicly owned or 

operated (Section 19-2-102(2)). 

"Air Pollution" means the presence in the ambient air of one or 

more air contaminants in such quantities and duration and under 

conditions and circumstances, as is or tends to be injurious to human 

health or welfare, animal or plant life, or property, or would 

unreasonably interfere with the enjoyment oflife or use of property 

as determined by the standards, roles and regulations adopted by the 

Air Quality Board (Section 19-2-104).[ 

"Air Quality Relaled Valttes" melft&; aa t~~~ed iR aaalyses ttRder 

RJ97 491 4(1), helie JloJetiee, lheae speeial ahriettles efa Cla981 

aNa, aaaiped hy a federal l.antl Mlllager, thel ..., adversely 

affeeled ey air ll'l&lity.] 

"Allowable Emissions" means the emission rate of a source 

calculated using the maximum rated capacity of the source (unless 

the source is subject to enforceable limits which restrict the 

operating rate, or hours of operation, or both) and the emission 

limitation established pursuant to R307-401-[e]l. 

"Ambient Air" means the surrounding or outside air (Section 

19-2-102(4)). 

"Appropriate Authority" means the governing body of any city, 

town or county. 

"Asphalt or Asphalt Cement" means the dark brown to black 

cementitious material (solid, semisolid, or liquid in consistency) of 

which the main constituents are bitumens which occur naturally or 

as a residue of petroleum refining. 

"Atmosphere" means the air that envelops or surrounds the 

earth and includes all space outside of buildings, stacks or exterior 

ducts. 

"Authorized Local Authority" means a city, county, city-county 

or district health department; a city, county or combination fire 

department; or other local agency duly designated by appropriate 

authority, with approval ofthe state Department of Health; and other 

lawfully adopted ordinances, codes or regulations not in conflict 

therewith.[ 

"8aseliRe Dete" 

(I) ~4ajer settree easel iRe date ftlelfts: 

(a) ift the ease ef parliettlele Matter: 

(i) fer gavis, Salt lake, Vlall, &REI Weeer Cellflties, the Elate 

that EPA 8j!lj!IF9Ye9 the PM 19 MaiRtlftllRi!e plaR that was aEiepteEI ey 

the Heard eft l1d~ fi, 299!i; 

(ii) fer ell ether IH'I&s ef the stele, J&RII&F)' ti, I 97S; 

te) iR the ease ef sttlfw dieKilie: 

(i) fer Salt balte CettRly,lhe date that ePA appre\·es the S11lfw 

Qie11iae lftliRtiRiftee J'I&R that was adej!lted 8y lhe Heard eR I&RI:I&fY 

~ 

(ii) fer all ether areas efthe state, J&Rttary fi, 197S; IRd 

(e) iR the ease efRitregeR die~tide, Feeft181'Y 8, 1988. 

(2) Mifter sewee easeliRe date ftle&Rs the earliesl date after the 

trigger date eR ohieh lhe fiF!Il eeatplete &J'!I'IiealieR t~Rder 49 CFR 

S2.21 er ~97 49S is sttemitted lly a atajer settree er ftlajer 

MediAeatieR attltjeel te lhe Fl'lttireMIRls ef49 ~sa. a I 9F RJ97 

49S. The Mifter seyree easeliRe is the date after whieh eatissiefts 

freM all ReW SF Metiilfed S8tif819 89RSttftle 9F upaRB iRereateRt, 

iReltttiiRg eMissieRs freftl Majer aRd Mifter settrees as 'hell as BftY er 

DAR File No. 28319 

all geReral eeffiffiereial, resideRtial. iftdttslrial, al\d ether grewth. 

The trigger date is: 

~a) IR the ease efJ!&Fliettlate ftlatter BRd sttlfw dieJtide, A11g11st 

7, 1977.aRd 

lh) IR the eaae ef Rilregea die~tide, FeeNary 8, 1988. 

"Rest Availaele Cefttrel Teehaelegy (HACT)" Hle&As aR 

eatissieR liMitatieR &Rdler ether eeRlrela le i~telttde desiga, 

eEtttipMeRl, weFk j!IF&etiee, eperatiea sllftdard er eeiRhiRatieR 

thereef, eased eft lhe MaMiffttiat degree er redtleliea efeaehpelltillftt 

sttltjeel le reg~:~latieR IIRiier the CleaR Air Ael&Rdler lhe Ytah a'\ir 

CeRseFVali91t Aet eMitted frem er whieh restilta frem IRY emittiag 

iRstallalieR, whieh the a'\ir Qttaltl)' Heard, efta ease hy ease hasis 

taki~t~ iMe aeeetciRt eRe~, eRYil'eDMeM&I uti eeeaemie impaets 

aRd elher eests, detet'Riiaes is aehieval!le fer stteh iRstallatiell 

threttgh applieatieR efprelhteliea preeesses 8Rd availallle atelheds, 

systeft!S &Rd teehniEtttiS, iMittdiftg mel ele&Aiftg If treatateRl 9f 

iRReveli'll mel eeiM11stieR leelllli'l'les fer eeRIMI ef eaeh weh 

j!leiM8Rl. Ia RB e't'eRl !lltall appliealie11s ef Blzc:I' Pl!itilt ia 

eftlissiell8 efeny pelltttiiRI!I whieh \'Jill eKeeed lhe llfti98ieRS alle"h ed 

ey SeetieR Ill er II a eflhe CleaR Air ,t,at,] 

"Board" means Air Quality Board See Section 19-2-1 02( 6Xa). 

"Breakdown" means any malfunction or procedural error, to 

include but not limited to any malfimction or procedural error during 

start-up and shutdown, which will result in the inoperability or 

sudden loss of performance of the control equipment or process 

equipment causing emissions in excess of those allowed by approval 

order or Title R307. 

"BTIJ" means British Thermal Unit, the quantity of heat 

necessary to raise the temperature of one pound of water one degree 

Fahrenheit. 

"Incinerator" means a combustion apparatus designed for high 

temperature operation in which solid, semisolid, liquid, or gaseous 

combustible wastes are ignited and burned e~ciently and from 

which the solid and gaseous residues contain little or no combustible 

material.[ 

"IRaireet Se11ree" HII&A8 a llttiltiiag, siNeftlre er iRstallatiea 

whieh aliFeets er M&y attrael Hleeile sewee aelivity that resttlts iR 

eftlissieR ef a pellttt&Rt fer whieh th- is a RlllieRalstaftdard.] 

"Installation" means a discrete process with identifiable 

emissions which may be part of a larger industrial plant. Pollution 

equipment shall not be considered a separate installation or 

installations. 

"Secondary Emissions" means emissions which would occur as 

a result of the constroction or operation of a major source or major 

modification, but do not come from the major source or major 

modification itself. 

Secondary emissions must be specific, well defined, 

quantifiable, and impact the same general area as the source or 

modification which causes the secondary emissions. Secondary 

emissions include emissions from any off-site support facility which 

would not be constrocted or increase its emissions except as a result 

of the constRiction or operation of the major source or major 

modification. Secondary emissions do not include any emissions 

which come directly from a mobile source such as emissions from 

the tailpipe of a motor vehicle. from a train, or from a vessel. 

UTAII STATE 8VLLET/.V. December I. ::!005, Vol. 2005. No. 23 
DAR File No. ~8319 

Fugitive emissions and fugitive dust from the source or 

modification are not considered secondary emissions. 

"Significant" means: 

(I) In reference to a net emissions increase or the potential of a 

source to emit any of the following pollutants, a rate of emissions 

that would equal or exceed any of the following rates: 

Carbon monoxide: I 00 ton per year (tpy); 

Nitrogen oxides: 40 tpy; 

Sulfur dioxide: 40 tpy; 

PMJO: 15 tpy; 

Particulate matter: 25 tpy; 

Ozone: 40 tpy of volatile organic compounds; 

Lead: 0.6 tpy.[ 

(2) Fer J!llif1'9Ses ef PdQ7 49~ it shell else additieRally MeaR 

(a) A rate ef e!flissiefiS tl!at weald e~tael er eKeeed any ef the 

fellewi11g rates: 

Aseestes: 9.99=7 ~; 

Berylli11M: 9.9004 tpy; 

Mersll.,·: 9. I tpy; 

ViRyl Cltleride: I lpy; 

Fhterides: 3 &py; 

S11lftlris asid FRist: 7 tpy; 

HydregeR S~:~lfiEie: I 9 &py; 

Tetal red~:~eed salftlr (iRei~:~EiiRg H-28): 19tpy; 

R:eEiaeed s1:1lfi:tr eefR1!1&1:1REIII (iReh:tdittg Hi!S): I 9 tpy; 

~4~:~Rieipal 'l>'&ste eemeaster ergeaies (Meas\lreEI as tetel tetra 

threYgl! eeta ehleriR&ted ElilleRi!EI p itieKiM B.ftd diheMeftif&ns): 3 .l 

gratRs per year (3 .~ It l 94 tells per ::1 ear); 

M~:~Rieipal waste eeFR8H91er metals (meas\tfed as p&Aie~:~late 

FRatter): 14 megagr&R\S per year ( 1 ~ tefiS per year); 

M~tRieipal waste e9R\81ister aeia gases (meas~:~rea as wlf~:~r 

die!iiEie &Rd 1\)dregeR ehlef4Eie): 31i megagrBFRs per year (49 taRs 

J!lBF year); 

M~:~RieiJ!lal selid waste IBBdfiU emissieRs (FReas~:~reEI as 

I'IBRA'Iethi.Uie ergaRie eelftpei:IRds): 4 ~ FRegllgf&IRS per year (~9 teRB 

J!leryear); . 

(8) IR refereRee tea ttet emissieRs iRerease er the peteRtial efa 

searee te eFRit a pelh:tlaftt syhjeet te reg~:~latiett IIREier the Cle8R Air 

Aet Ret listed iR (I) BREi (2) aee,•e, &RY eMissieR rate. 

(e) Netwithst8REiiRg the rates listee iR (I) attd (2) alileve, 8ft)' 

efftissieRs rate er &R~ Ret eFRissieRs iRerease asseeiateEI with a A'l8jer 

seuree er fftajer ffteeif.ieatieR, whieh weule eeftstrllet withia lQ 

kileffteters ef a Class I ares, llRS ha~·e BR iMpset ea s~~eh area et~ual 

te er greater th&R I t1We118ie ffteter, (24 he11r lt'tetege).) 

"Solid Fuel" means wood, coal, and other similar organic 

material or combination of these materials. 

"Solvent" means organic materials which are liquid at standard 

conditions (Standard Temperature and Pressure) and which are used 

as dissolvers, viscosity reducers, or cleaning agents. 

"Source" means any structure, building, facility, or installation 

which emits or may emit any air pollutant subject to regulation 

under the Clean Air Act and which is located on one or more 

continuous or adjacent properties and which is under the control of 

the same person or persons under common control. A building, 

structure, facility, or installation means all of the pollutant-emitting 

activities which belong to the same industrial grouping. Pollutantemitting activities shall be considered as part of the same industrial 

grouping if they belong to the same "Major Group" (i.e. which have 

the same two-digit code) as described in the Standard Industrial 

UTA/I STATE BL'I.U:TI.V, December I, 2005, Vol. 2005, No. 23 

NOTICES OF PROPOSED RULES 

Classification Manual, 1972, as amended by the 1977 Supplement ( 

(US Government Printing Office stock numbers 4101-0065 and 003-r · · 

005-00176-0, respectively). ' -~ 

"Stack" means any point in a source designed to emit solid....., 

liquids, or gases into the air. including a pipe or duct but not 

including flares. 

"Standards ofPerformance for New Stationary Sources" means 

the Federally established requirements for performance and record 

keeping (Title 40 Code of Federal Regulations, Part 60). 

"State" means Utah State. 

"Synthesized Pharmaceutical Manufacturing" means the 

manufacture of pharmaceutical products by chemical synthesis. 

"Temporary" means not more than 180 calendar days. 

"Temporary Clean Coal Technology Demonstration Project" 

means a clean coal technology demonstration project that is operated 

for a period of 5 years or less, and which complies with the Utah 

State Implementation Plan and other requirements necessary to 

attain and maintain the national ambient air quality standards during 

the project and after it is terminated. 

"Threshold limit Value- Ceiling (Tl V -C)" means the airborne 

concentration of a substance which may not be exceeded, as adopted 

by the American Conference of Governmental Industrial Hygienists 

in its "Threshold Limit Values for Chemical Substances and 

Physical Agents and Biological Exposure Indices, pages 15 - 72 

(2000)." 

"Threshold limit Value - Time Weighted Average (TLVTW A)" means the time-weighted airborne concentration of a 

substance adopted by the American Conference of Governmental 

Industrial Hygienists in its "Threshold limit Values for Chemical 

Substances and Physical Agents and Biological Exposure Indices, 

pages 15 - 72 (2000)." 

"Total Suspended Particulate (TSP)" means minute separate ./ 

particles of matter, collected by high volume sampler. .· 

"ToKic Screening Level" means an ambient concentration of a· . \ 

air contaminant equal to a threshold limit value- ceiling (TLV-2J or threshold limit value -time weighted average (TLV-TWA) 

divided by a safety factor. 

"Trash" means solids not considered to be highly flammable or 

explosive including, but not limited to clothing, rags, leather, plastic, 

rubber, floor coverings, excelsior, tree leaves, yard trimmings and 

other similar materials.[ 

"VeAieally R:estl'ietee efftissieHS R:elease" FR98R9 ~e release ef 

aR air eeRtilffliflaRt lkreugl! a staek er SJ!lBRiRg whese ~ew is direetee 

i11 a Ele\'JRward er lterii!eRtalliireetiett 81:1e te the aligRMeRt ef the 

epeRiRg era physieal eestFIIBtieR plaeed eeyeHd the epeRiHg, er at a 

'fteigl!t whieh is less th&R 1.3 liFRBS the lteigkt afaR aejseeRt euiliJiftg 

er stfl:let~:~re, as measttree fpelft grBI:IAS le~·el. 

"VeAieally URrestrietee efftissiBRS R:elesse" lftelli\S the release 

ef BR air ee11taFRiRaRt threugh a staek er epeRiRg whese Aew is 

direeted IIJ'I'IIBN Witheltt BR)' physieal eestrlletieR plaeed eeyefld the 

epeRiRg, aRd at a heigllt whieh is at least 1.3 times the lleigM ef BR 

atijaeetlt liluiiEiiRg er stfl:lel11re, as measYreEI frem greiiRd le•1el. J 

"Volatile Organic Compound (VOC)" as defined in 40 CFR 

51.1 OO(s)( I), as effective on July I, 2004, and amended on 

November 29, 2004, by 69 FR 69290 and 69 FR 69298, is hereby 

adopted and incorporated by reference. 

"Waste" means all solid, liquid or gaseous material, including, 

but not limited to, garbage, trash, household refuse, construction or 

demolition debris, or other refuse including that resulting from the 

prosecution of any business, trade or industry. 
NOTICES OF PROPOSED RULES 

t

-·· . "Zero Drift" means the change in the instrument meter readout 

over a stated period o · of nonna1 continuous operation when 

the VOC concentration the time of measurement is zero. 

KEY: air poDutlo .. de 

(Se,._ ...... :IIOIJBii 

NodceofCoadaaatloaJua 

19-2-104 

Environmental Quali , Air Quality 

R307-110 

Section VIII, Prevention of 

Deterioration 

NOTICE OF PROPOSED RULE 

(Amendment) 

DAR FILE No.: 28320 

FILED: 1110312005, 08:15 

RULE ANALYSIS 

PuRPOSE OF THE RULE OR REASON FOR THE CHANGE: The 

purpose of the change is to reftect the provisions of the 

revised federal Prevention of Significant Deterioration (PSD) 

permitting rule (40 CFR 52.21e) which Is being incorporat 

by reference in the new text for Rule R307 -405. (DAR NO : 

The repeal and reenactment on Rule R307-405 is under AR 

No. 28322 in this Issue.) 

SUMMARY OF THE RULE OR CHANGE: Section R 7-11Q-9 

Incorporates by reference Utah's state lmpleme n plan 

(SIP) for the PSD. Within Section R307-11 , the only 

change Is to update the date of adoption of e plan from 

December 18,1992, to February 1, 2006. Th entire existing 

SIP is repealed and a new SIP Is added as a overview of the 

new federal PSD provisions. On Decem 31, 2002 EPA 

published a major revision to the federal D program lhat is 

commonly referred to as the New S rce Review (NSR) 

Reform Rule. All states are required ubmit a SIP revision 

to EPA that incorporates the NSR eform provisions by 

January 2, 2006. The NSR Reform le clarities applicability 

for determining when a modiflca qualifies as a major 

modification, and provides more xibility for certain types of 

changes. The PSD SIP is · n to provide an overview of 

the PSD permitting program, lch is being Incorporated by 

reference into the new te Rule R307 -405. In addition, 

some provisions that are Utah's current PSD rule, Rule 

R307 -405, are moved to the SIP because the provisions are 

commitments by the State of Utah rather than enforceable rule 

requirements. These provisions include the process that the 

Board would follow to reclassify areas within the state for 

purposes of PSD. including consultation with the Governor 

and the Legislature. 

DAR File No. 28320 

THIS RULE OR CHANGE INCORPORATES BV REFERENCE THE 

FOLlOWING MATERIAL: State Implementation Plan, Section VIII 

Prevention of Significant Deterioration, February 1, 2006 ' 

ANnciPATED COST OR SAVINGS TO: 

+ THE STATE BUDGET: No change in costs is expected to the 

state budget because all permitting costs are covered by fees 

paid by the sources. 

+ LOCAL. GOVERNMENTS: It is anti ·ted that revisions in the 

PSD SIP will have little effect costs d the major New 

Source Review program sources owned by local 

government subject to Ru 7-405. Any changes will be 

attributable to chang n Rule R307 -405, not to the SIP 

changes. Little chan In air pollution is expected. 

+ OTHER PERSONS" Is anticipated that revisions in the PSD 

SIP will have iitti on the costa of the major New Source 

Review progra for sources subject to Rule R307-405. Any 

changes will attributable to changes in Rule R307 -405, not 

to the SIP anges. Uttle change in air pollution is expected. 

uutiiM..I.AM::~< COSTS FOR AFFECTED PERSONS: It is anticipated 

that isions In the PSD SIP will have little effect on the costa 

of major New Source Review program for sources subject 

Rule R307-405. Any changes will be attributable to 

anges in Rule R307-405, not to the SIP changes. Little 

ange in air pollution Is expected. 

Co ENTS BV THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE 

RULE ':f HAVE ON BUSINESSES: The revisions made in the PSD 

SIP giv an overview of the major New Source Review 

program, t do not change any specific requirements for 

sources. T fora, no adverse fiscal impact in expected for 

businesses use of this revision. Dianne R. Nielson, 

Executive Dire 

BUSINESS HOURS, AT: 

ENVIRONMENTAL 

AIR QUALITY 

150 N 1950W 

SALT LAKE CITY UT 8411 3085, or 

at the Division of Administra e Rules. 

DIRECT QUESTIONS REGARDING THIS RULE TO: 

Jan Miller or Mat E. Carlile at the above address, by phone at 

801-53&-4042 or 801-536-4136, by FAX at 801-536-4099 or 

801-536-0085, or by Internet E-mail atjanmiller@utah.gov or 

MCARLILE@utah.gov 

INTERESTED PERSONS MAV PRESENT THEIR VIEWS ON THIS RULE BV 

SUBMITIINGWRITTENCOMMENTSTOTHEADORESSABOVENOLATER 

THAN 5:00 PM on 01/1712006 

INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING 

THIS RULE: 1211412005 at 2:00PM, DEQ Bldg #2, 168 N 1950 

W, Room 201, Salt Lake City, UT. 

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS THIS RULE MAY BECOME EFFECTIVE ON: 0210212006 

RULE: Section 19-2-104 

~· '-' ll\2----------------------~~~~~~~~~ UTAH STATE BULLE.TJN, December I, 200S, Vol. 200S, No. 23 

P-s 
DAR File No. 28321 

AUTHORIZED BY: M. Cheryl Heying, Planning Branch Manager 

R301. Eaviroameatal Quallty, Air QuaUty. 

R307-110. Gflleral Reqalremeatl: State lmplemeatatloa Piau. 

R307-110-9. ' Seetioa Vlll, Preveatloa of Slplftcaat 

Deterlontlo•. 

The Utah State lementation Plan, Section Vlll, Prevention 

of Significant Deterio ·on, as most recently amended by the Utah 

Air Quality Board on , ]february 1. 2006, 

pursuant to Section 19-2- , is hereby incorporated by reference 

and made a part of these rul 

KEY: air poDutloa, PMll, P 

[Sept•••• I, :&815]agg§ 

Notlc:e of Contlnuatloa September 

19-l-104(3)(e) 

·------------------~~--------

Davis and Salt Lake Countie 

Ozone Nonattainment Areas: 

Provisions 

NOTICE OF PROPOSED RUL 

(Amendment) 

DAR FILE No.: 28321 

FILED: 11/03/2005, 08:1 

PURPOSE OF THE RULE OR REASON F THE CHANGE: The 

purpose of this amendment is to cia · the applicability of this 

rule. This amendment is part of rev· ions to rules related to 

the federal New Source Review p ram, commonly called 

"NSR Reform" (see separate filin on Section R307-110-9, 

Rule R307-401, and Rule R30 "405 in this issue). (DAR 

NOTE: The amendmentto S on R307-110-9 is under DAR 

No. 28320; the repeal andre actment on Rule R307-401 is 

under DAR No. 28325; a e repeal and reenactment on 

Rule R307-405 is under D No. 28322 in this issue.) 

SUMMARY OF THE RU OR CHANGE: Section R307-325-3 

requires that best av 1lable control technology (BACT) be at 

least as stringent as any published Control Technique 

Guidance (CTG) for any new source that locates in an ozone 

maintenance area. This amendment moves the provisions of 

Section R307-325-3 to the new version of Subsection R307-

401-8(1)(a) so that all permitting requirements are in one 

place. Section R307-401-10 currently contains the 

contingency measures to be implemented if the ozone health 

standards are violated. The provisions of Section R307-401-

10 are moved into Section R307-325-4 with other ozone 

regulations. 

Ur .. mSTATEBULLETIN, December I, 2005, Vol. 2005, No. 23 

STATE STATUTORY OR CONSTITUTI 

RULE: Subsection 19-2-1 04(3 

Subpart P 

ANTICIPATED COST OR SA 

+ THE STATE BUDG 

because all costs 

GSTO: J 

sources. 

The state budget is not affected 

covered by the fees paid by affected 

+ LOCAL GOVE MENTs: Because there are no differences 

between the rrent rules and the revised versions, there is no 

change in for sources subject to the rule. 

+ o PERSONS: Because there are no diffsrences 

be the current rules and the revised versions, there is no 

chan In costs for sources subject to the rule. 

lANCE COSTS FOR AFFECTED PERSONS: Because there are 

differences between the current rules and the revised 

versions, there Is no change in costs for sources subject to the 

rule. 

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE 

RULE MAY HAVE ON BUSINESSES: There may be some savings 

for businesses because the revised rules will be easier for 

sources to use. Dianne R. Nielson, Executive Director 

THE FUU TEXT OF THIS RULE MAY BE INSPECTED, DURING REGULAR 

BUSINESS HOURS, AT: 

ENVIRONMENTAL QUALITY 

AIR QUALITY 

150 N 1950W 

SALT LAKE CITY UT 84116-3085, or 

at the Division of Administrative Rules. ' 

DIRECT QUESTIONS REGARDING THIS RULE TO: J' 

Mat E. Carlile or Jan Miller at the above address, by phone a 

01-536-4136 or 801-536-4042, by FAX at 801-536-0085 or 

1-536-4099, or by Internet E-mail at MCARLILE@utah.gov 

or J miller@utah.gov 

PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY 

WRITTEN COMMENTS TO THE ADDRESS ABOVE NO LATER 

on 01/17/2006 

ONS MAY ATTEND A PUBLIC HEARING REGARDING 

005 at 2:00PM, DEQ Bldg #2, 168 N 1950 

Lake City, UT. 

EFFECTIVE ON: 02/02/2006 

AUTHORIZED BY: M. Che I Heying, Planning Branch Manager 

R307. Environmental Qu 

R307-3l5. Davil and Lake Coantiea and Ozone 

Nonattalnment Areu: Ozone Provisions. 

R307-3l5-3. (New Seareela 

(I) New Set~Hea. Wll11t detel'Rliaiag heat a'l'ailahle ee!Hrel 

teelmelegy EBl£1) YO:der 1\39+ 491 6EI) fer a alilw er medified 

13 

J 
NOTICES OF PROPOSED RULES 

secretary. 

KEY: air poDution 

[s., ....... 11, '"' 

Notice of Continuation 

19-l-101 

19-l-104 

. -------·------. 

Environmental Quality, Air Quality 

R307-401 

Permit: Notice of Intent and Approval 

Order 

NOnCE OF PROPOSED RULE 

(Repeal and Reenact) 

DAR FILE No.: 28325 · 

FILED: 11 /0312005, 08:30 

RULE ANALYSIS 

PuRPOSE OF THE RULE OR REMON FOR THE CHANGE: The 

purpose of the change Is to clarify and simplify the language 

of the rule, and to include exemptions that are currently 

located in Rule R307-413 (see separate filings on Section 

R307-11 0-9, Rule R307-325, Rule R307-405, Rule R307 -410, 

and Rule R307-413 In this issue). (DAR NOTE: The 

amendment to Section R307-11 0-9is under DAR No. 28320; 

the amendment to Rule R307-325 is under DAR No. 28321; 

the repeal and reenactment on Rule R307-4051s under DAR 

No. 28322; the amendment to Rule R307-410 Is under DAR 

No. 28323; and the repeal of R307-413 is under DAR No. 

28324 in this issue.) 

DAR File No. 28325 

SUMMARY OF THE RULE OR CHANGE: The following current 

requirements have been moved from Rule R307 -401 to other 

rules: 1) contingency measure requirements for Low-NOx 

burners that are currently located in Subsection R307-401-

10(2) have been moved to Rule R307-325 so that they are 

located with other ozone-specific requirements; and 2) 

requirements that apply only to major sources under the 

Prevention of Significant Deterioration (PSD) have been 

moved to Rule R307-405. The following requirements have 

been moved into Role R307 -401 from other rules: 1) the v 

definitions of •indirect soun:e• and •best available control 

technology (BACT)• have been moved from the general 

definitions in Section R307-101-2 (see separate filing in this 

issue) because they are used only in Rule R307-401; 2) other 

permitting definitions that are currently located in Section 

R307-101-2 are now repeated in Rule R307-401 for ease of 

use by the reader; and 3) requirements for the stringency of - BACT in ozone nonattainment and maintenance areas have f ... been moved from Section R307-325-3 so that the permittl~', requirements are located in one place. Exemptions found In 

Rule R307-413 have been moved to Sections R307-401-9 

through R307-401-12, and R307-401-14 through R307-401-18 

to clarify that the exemptions apply only to Rule R307 -401 a 

not to Rule R307-403 or Rule R307-405. The following 

changes have been made to the exemptions that were 

formerly located in Rule R307-413: 1) sources that are 

covered by a New Source Performance Standard (NSPS, 

Rule. R307-210) or a National Emission Standard for 

Hazardous Alr Pollutants (NESHAP, Rule R307-214) will be 

allowed under Section R307-401-9 (formerly Section R307-

413-2) to qualify for an exemption as a small source; 2) The 

exemption for sources that reduce emissions In Section R307-

401-12 (formerly Section R307 -413-8) has been expanded to 

apply to any reduction in emissions; 3) the replacement-Inkind provisions In Section R307-401-11 (formerly Section 

R307 -413-5) have been expanded to better describe the kinds 

of replacements that qualify for the exemption; 4) the registry 

for de minimis soun:es in nonattalnment areas In Subsection 

R307 -401-9(3) (fonnerly Subsection R307 -413-2(2)) has been 

changed to a voluntary registry that will apply statewide; 5) theflexibility provisions that were located in Section R307 -413-3 

have been deleted because the rule has provided little benefit 

and is routinely misinterpreted. The underlying goals of this 

exemption are being met through other mechanisms such as 

flexible permit conditions and the exemption In R307-401-12 

for sources that reduce air emissions; and 6) exemptions that 

were formerly located in Section R307-413-4 that apply 9· · 

parking lots and emissions of various non-reactive volatil 

organic compounds have been deleted because they are n 

longer meeting the intended purpose. A purpose statement 

has been added to Rule R307 -401 to clarify that other 

permitting rules have independent requirements that also 

must be met. Additional language has been added to Section 

R307 -401-5 to clarify that a BACT analysis must be Included 

in the notice of Intent. Subsection R307 -401-6(3) that requires 

approval by the Alr Quality Board for any major source or 

modification that consumes more than 50 percent of the 

available Increment under PSD has been deleted because 

concerns about increment consumption are better addressed 

through other mechanisms. (DAR NOTE: The amendment to 

Section R307-101-2 is under DAR No. 28319 in this issue.) 

UTAH STATE BUllETIN, December 1, 2005, Vol. 2005, No. 23 
DAR File No. 28325 

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS 

RULE: Subsection 19-2-104(3)(q) 

THIS RULE OR CHANGE INCORPORATES BY REFERENCE THE 

FOLLOWING MATERIAL: 40 CFR 260.01 

ANTiciPATED COST OR SAVINGS TO: 

+ THE STATE BUDGET: No costs or savings are expected 

because the ClOSt of Air Quality's activities in issuing approval 

orders under Rule R307-401 are covered by fees paid by the 

sources. 

+ LOCH. GOVERNMENTS: For local governments that own 

sources that may be subject to this rule, no cost increases are 

expected as a result of these changes. Overall, the changes 

may result in some savings for individual sources, but It is not 

possible to quantify specific savings for future applicants. No 

significant increases in air pollution are expected, as the 

changes that expand the exemptions apply to emission 

decreases or very smaU increases. 

+ OTHER PERSONS: No cost Increases are expected as a 

result of these changes. Overall, the changes may result In 

some savings for Individual sources, but it is not possible to 

quantify specific savings for future applicants. No significant 

increases In air pollution are expected, as the changes that 

expand the exemptions apply to emission decreases or very 

small increases. 

COMPLIANCE COSTS FOR AFFECTED PERSONS: No cost increases 

are expected as a result of these changes. Overall, the 

changes may result In some savings for individual sources, 

but It is not possible to quantify specific savings for future 

applicants. No significant increases in air pollution are 

expected, as the changes that expand the exemptions apply 

to emission decreases or very small increases. 

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE 

RULE MAY HAVE ON BUSINESSES: The changes in Rule R307-

401, coupled with the changes in other Title R307 rules that 

are proposed In this issue, clearty separate federal 

requirements from state requirements, delete requirements 

that have had no benefit to sources or to the environment, and 

clarify the language in all the rules. Dianne R. Nielson, 

Executive Director 

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURING REGULAR 

BUSINESS HOURS, AT: 

ENVIRONMENTAL QUALITY 

AIR QUALITY 

150 N 1950W 

SALT LAKE CITY UT 84116-3085, or 

at the Division of Administrative Rules. 

DIRECT QUESTIONS REGARDING THIS RULE TO: 

Jan Millar or Mat E. Cartile at the above address, by phone at 

801-536-4042 or 801-536-4136, by FAX at 801-536-4099 or 

801-536-0085, or by Internet E-mail at janmiller@utah.gov or 

MCARLILE@utah.gov 

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY 

SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NO LATER 

THAN 5:00 PM on 01/1712006 

Ur.mSTATEBUUETIN, December I, 2005, Vol. 2005, No. 23 

NOTICES OF PROPOSED RULES 

INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING 

THIS RULE: 12/14/2005 at 2:00 PM, DEQ Bldg #2, 168 N 1950 , 

W, Room 201, Salt Lake City, UT. ._.)./ _ 

THIS RULE MAY BECOME EFFECTIVE ON: 02/02/2006 

AUTHORIZED BY: M. Cheryl Heying, Planning Branch Manager 

R307. Eavlroameatal QuaUty, Air Quality. 

(RaN 401o Pei'IBitl :Netlee ef lateat •• htiP••··'al 9PdePt 

RaN 411 lo :Netlee ef lateat ......... 

(I) lii11eep& fer &he llliMpfteaeliMell ia R.107 4U1 aay ,_. 

ittteadb'l te eeaetNet a Bft' iaetellati• .. -.r~Heh ·»ill er Might 

MaeeaHiy llleiJlllaatell&e llleaeme a 18111'811 er aa iadifee& aewee ef 

air pellllti81l er te IMlEe mellifiea&iBIII er Mleeate aa etH8tiat 

iaeteHaaiea wlHell\TJill erl'llish& reaaellllllly lie e~~peeted te iaere111 

&he ametiiH er ehaap ahe e«eet efj er the elwaeter etj air 

eeatemiaaate diaeherge~ 1e dtatNeh iftat.allaaea IMY llleiJllleeted 

te llleaeJM a IBW88 er ia4ireet sewee efair peiiYiieB; er aay p81118B 

iatllldiaa te iaetalla e81ltrel apparaNI, ere._·~ iatlllllell 

te eeatrel eiBiaeiea ef air aeatallliaeBt8 &eat a 1tatia...,. sewee1 

ahall!Nhlllit te the ellae&ti•JI 118Ntaly a aeaee efiateat aall Neei•Je 

8ll apprnalarMr pl'ier te iBitiati81l efeeaetNetiallj medifieetiea er 

l'eleeati&lh +he aeaee ef iateiH shall iaehllle &he iafermatiea 

lleaefilllell ia M9=7 491 a .. determiae 'Nhether the prepesed 

eBBIMNeti81l1 iMWiatiea, medifieatiaa; relaeaa81l er estahliahmellt 

will llle ia aaael'd wiah 8J1plieele re~BIB ef theee Nles. 

Wtthift lQ llaya after fillip& ef a aetiee ef iateM; er liB)' adllitieaal 

iRt8fm88ea eeeea1ar; te the M'lievl, the MIIMRiw seeretely sh" 

84\•ise the app8a8Bt ef MY defieillley ia the aetiae ef iateat er the ,· 

iRf'emlati81l ~&. 'fhelli!BetHWe 818fltaly shall11'8B81Bit te the /. 

=:::::::::~~~ Nih plfiBit. 

(l) Slalie~ eewaea that were ia BJtiateaee pl'ier te 

Ne·Jemlllll' 19, 19691 dl8l han Bel I'8IMle My medifieatieae er 

releeetiea1 siaee dtat liMe are ll8l telf':lifed te 8\l\IMM a Bettee ef 

iBteat er te have a appre 1al erlilfl hev;er;lf, theae SINHM are 

sulljeet te all ether appliealllle re'ltlirlllllll& ef l=itle 1\,19=7 •II 

aetieae takea lily the elleetlti·Je salfetafy ad the Bear4 pw&\18Bt te 

ellistiBS steNtefY audteFiliea. 

Rao:7 401 lo :Netlee eflateiM Re~iremeateo 

The fellewiaa iafe~Matiea; where applieallle, sMll he 

sullmitted wid\ the aetiee ef iBteat! 

(I) A deseripti81l efthe allNre eftlte pPBeesses iw,relYell; the 

a&ttlf81 preeedtl:fe1 fer haallliag 8IMI 1ft1811lllies efi'B'NIIl&terialal the 

&ype aMI)\ilftHty efftlels llllpleyed; and ahe II8RW aall 'lli8Btity ef 

iini<ed predtie., 

(iij liillpeetell IIIBJI8Sitiea Mil phytlieal ehuaeteristiee ef 

aillulll& siFeam llleth lllefete aall aAer lflatmeat lily liB)' eeaiFel 

applti'M1II1 iBellllliaa emis1iea Mtel, 'JBil:lllll, temp......,., air 

a&llteiBiMill &ypea, 8Rd eeaeea&atieB efeir eeatami1181K8r 

(1) Siee, type aaci perfei'IB8Bie ehareeteristie1 ef aay eeatrel 

IMBJIIM!plll&reP8RNIISI!Io. 

(4) beeatiea and ele'Jatiea ef the 1Mie1iea peiat Mil ether 

faeteR MlatiBg te ElispeRiea aall tiifNsiea eftlte air eeatamiB8Rt ia 

15 :. 
NOTICES OF PROPOSED RULES •• (b - . ·~=.::::=.:::::~;:::::::::~= (S) The leellliell efpliiiMdllllfRt'liftg paints aiMithetesiS efthe 

eeMpleted iftstellalieR te 111 Made a,y the &\• Rer er eperater ·.vhaR 

ReeeHIII')' 18 ateertaift 88!111'liiRII. 

(6) The 'fpieal eperatiRt aahe .. le. 

(7} A aehedlile fer 18M.,..Iliell• 

in fiMI fetM at the fiflll ef IUINilillilll ef ~tetiee ef i11l811l• 

(~ Arty ...._ iafei'IIIM4811 IIIBII!I88f)' te deteffllifte if the 

prepeaed !1811Me er MENiifieeliea ·Hill tie i11 eelllflliaaee with l=itle 

~ 

Ra07 401 a. Rl'¥lew ,.,. ... 

Withill90 dllya efNeeipt efa eeftll'lete applieatiea iaehtdiRg 

ell the iftf .... ellMIIIMIII ift 'RdQ:1 491 l,the eue8UWte 888Ntaly 

shell eitHer ia!NI ~ ..., 1'1'8hia,itiag the PfSIIB&ad eellaneaea, 

iMtelletia.; ... ifi•tie~~; NleeatieRer ea...,lialulleat if it ie tlea•ed 

ahat 8tl¥,... ef'ia ia iaaa...-18 meet the applleahle flll'!ifllfteftla 

af IYQ;J er i ... IB .,.., p.-ilti11gthe prepeae.t eallltNetiea1 

illl!llallaaiH; IJlldifiealiell; NleeeliBII, er ea...,lishllliM plli'NIIM te 

the ,...,..lllltlefRaQ:1 401 J ...a 6. If mere MIM iaBaeded te 

review the prepaeal, it shall Rat llteeed three 39 ~· HleRBieB&: 

Ra07 401 4, hlllfe Netlee. 

(I) IB!IIIift& the Neli•. lifter te i!ll\liRg aa appreval er 

dil!lappr~ l'el e..,, the eMee\lli'le aeeNiet)' shall a&vertiae iai8Rt te 

apple A If dil!lappra.,.. ia aMW8paper efgeReral eifl\llatiaa ift the 

leealilf ef the pepo~~e4 eelllltNetieR, illlllellatiea, ma.tifieetien; 

refeeatiea er e&laiJlialmteltt. A ee.,· ef the aatiee af iftteRI Ia 

eppreve ar diaappreve ahell 1M seat te the applielllll; the 

AtiMiaiaiPaleP, SPot., ...tte el'fieiala aad agiMiea hw;iJig eegaiaRee 

ever the leeatieR where the prepesed eaii&U:Ueti~ we\lld eeew 1111 

fellewe1 any eaa. 818te er 1eealeir pelhttie11 ee111rel ageReiea: the 

ehief eMeMitiv• ef the eily w ee\lllly where the aawee wwld tie 

lee .... 18)' aea.:ehiRiiria re&i&MIIaad IIIII I'IHRiftgiiiiiiiYi 8Hd 

MY aleta; :FMaral b...t Meaager, er llldiaa QeveraiRgtla~· ··'lila• 

IMde IMY he aft'lated ._, elfti!llielll frem the set~re~ er medifieatie11. 

Afty eJIIIIBtad eeftll\llilptieR effhe IIIMimllftl alle·;.oehle ift111'18!1891111 

stated i11 &3Q:1 49J a prepased emissiea li:aitatieRs, e:Hissiell 

IHRe\lftla, a.t aay ep811HiRI li111itetieRs shall tie iRelwded ia the 

Retiee. The Milltttive aaereter; shell eeRSider ally aaalysis 

perfermed ._, a :Federal bMil MIIR6ger Hd Jtfe·tided ta the eJtaetiftve 

seeretllf)' withia the pwhlia ee111111eRI peFied. If lha eJteewli•fl 

seeratafy eeaews with a demeastretiea tly the :Fed-1 Lltfld 

MMager that the emissie11s fJem the I'Fepesed sewee at 

111edifiallli811 we\lld h.,.., 111ad\ 11'!11 i111paet ea the air ~J\181ity related 

·tal\lea (iaeludi11g 'lliaitlility) ill a~ :Fed-1 Cl1111 I are&; 

neWlithaiHdilll thea the ahaflge in air ifWBiity reawltiag fFelll 

emieaieaa ffem 8\leh sewrea er 1118difieatieR we1:dd Ret ea111e er 

eelltfih\ltl te 881188111retiena whieh wewld Blteeed the JHMiM\1111 

elle\vahle iRerellllaa, the elteallti'la seereta~y shell aet isswe aa 

appreval artier fer the sewee er medifieatieR. 

(2) Qpparl\lftily fer Re., il't't ud Cemma11t 

(~ ,t,a lelllll eRa leeetiaR 'Nill he previded ·;,here the 

iRfeffllatiea s\la,llliUed tly d11 e•JJRer er aperlller, the e1teewtb•e 

sellfetafy'a BMiyae!l ef the 11etiee ef ialeat JIF&pesel, ad the 

prepesad appreval er4er eeaditieM will he availaele fer plllllie 

illospeetiea. 

(tl) P11hlie CelftR\eRt PeFied. 

P-i 

DAR File No. 28325 

(i) A 19 da~ plllllie eellllfteRt peried shell he F~Mtttii'M he fare aa 

appre..,al er4er is isst1ed fer a aew settree er fer aa eJtistiftg settH!e 

prepestftl te lftedify er fllaeete, if the settree, 111edifieatiea, er 

relaealieft is nat: 

(A) stthjeet te lhe reljttirelftelll!i ef Ra97 49S, Preve11tie11 ef 

Sigaitieat QeterieratiBII efAir Qwelity (PSQ); 

(8) 8\IIJjeet te the reljttireiii8Hta efl\lQ:1 41 S, QpeRltiftg Plffllit 

Reif\lirelftiiiiS; 

(C) a !l)'llthetie miner sewree i11 eeeerdaRee with 1\397 41 S 

4('ff 

(Q) leealad ilia ftellattaiftmeftt area er a 1111iRtena11ee area fer 

MY pell\lleM: ar 

(~ Mjelll te MY stHderd er FlifttireRteRt ef 42 U.S.C. 7411 

er-J4+l.: 

(ii} A N~~West te nte11d lhe leRgth efthe eeftlfRIIII perieli; \II' te 

39 de¥&~ 1J18Y ha 8\lhmia.ed MY'ime •Nithia 19 days af the date a 

aatiee is p\ltllished ill a Rewspaper. 

(iii) These sawees Ret whjeet Ia the 19 day pll&lie eeiHftleRl 

perie.t are &Hjeet te the re~twire:Mftt ill (iv) helew. 

(i\1) Fet MY Raliee efiRIIRt prepeaal aelsllltjeet Ia (i) ahe•111, a 

39 de¥ f'\llslie eelflftlelll periell is flll'!ired hafeN a appre·lal artier 

ie i!ll\led er Elertied. 

(v) A Nt\\llsl fer a hearing ea the e~teellti•>'e •erelely'a 

prepeae.t .,a'lal er diaappreval er4er lftllY he 8\lhmittell aayti111e 

widlin 19 days ar IS da~·s ef lhe dale ef a aeliee ift a aew!!IJiaper 

'llftder previaie111 ef eidler (i) er (i¥). The heaPiftl s~Je~la,e held ia the 

area ef the prepesed eellMNetieR, iMtellatiea, medifieatiea, 

releeatiea er eatahliahllllllt. All)' eeRURBRta er slaleMaftla reeei'led 

shell he eeRBidered hefere a ar4er ia iawed er de11ied. 

(vi) The pll&lia eeiHftlaRIMd heariRg preeed\lre shall aat he 

reif\lired wilBII an er4er is isa\led fer lhe pttrpese ef elttllldillg the 

tiRll re~t\lire.t ey the llltea\lli"'' aaerelefy Ia ravie•N plafts and 

speeifieatieas. 

RaG; 401 1, App....,•l Order. 

'JJhBMver the eltee\llh•e saeretary detll'lftiRea thai the 

iRfetmeliaR s\lhftli&te6 ttRIIerpre'llisiefts ef~97 491 l, with stteh 

revisiane 1111 1M)' he f81111ire&. are iH aeeerd with •l'l'lieahle 

re~tttirelftlftla,the eJtee\lli • a aeeretary shell i!i!iltl BR el'tler pllflftia.illg 

the prepesed eeR&fNetiea, iMialllllieR, 111edifieatieR, releeatie11 er 

es...,lishMIHt, with the fwthar stipttlatiea that all Feifttire4 faailitiaa 

he a4eq\lalely aa4 p: eperly 111aiftlaiRe&. Reeeipt afaR appre.,.al erder 

tieea ftet relie•>'e 8ft)' e•#11er er epereter ef the respeMieility te 

eelftply with the pre·tisieRs ef R397 er the Stele ilftplelfteRtetieR 

Pia. Te aeeemlftedata staged eeaswetiea ef a large se11ree, the 

e~teellti~·• saeratery 111a)' iSBtte aft erder &lltherii!iRg eeRstrtletieR ef 

aa iRitial stage prier te reeeipt ef detailed pieRs fer the eatire 

prepesal pre'> ided thai, thre11gh a rBYiew ef gea-1 pieRS, 

111gilleeFiRg repeFisBRd elher iRfeAftali8H lhe tJrepesal is detlfflliRed 

feythle hy the e1teet1tive seereta.,· t111der the iHIMt ef RJ97. 

Stth8lll\llllt detailed plaas •Yill the11 tie preeessed 1!1 pre!IIFihed ill 

thia paragraph. :Fer staged eeRsiNetiell prejeeta the pre.,.ietts 

delefmift8tiea llftderl\l97 49 I ~shall he re•• ie·,o;ed ad 111editie.t as 

apprepriate at the earliest reeseftahle titM prier te eeft'IIIIMie:HeM ef 

eeRaiNetiea ef eeeh iRdepeREieRI ph1111e ef lhe prepesed sewee er 

111edifieatiea. 

R307 401 6, CeRIIitieaa fer leatliRI AppN¥al OrdeFt 

The l!leelltive seeretary shall iBStte 111 eppre'>•al arder if it is 

deleflftiRed threttgh I' hilt review tllatthe fellewiRg eeaditieas ha'le 

heea 111et: 

UT.411 ST.4TE BL'LLt'TJ.V, December I, 2005, Vol. 2005, No. 23 
DAR File No. 28325 ,,. 

ll) The ~egree ef I'Bllu•ieR eeR•FBI fer tliRissiaRs. •e iRel~uJe 

fugi•i'e emissiefts aft~ f\tgi•ive this•. is at least \lest a¥ailele eeR•FBI 

lellhftelegy e~teel't as a•herwise I'FB'<'i~e~ iR Ti•le R397. 

t2) The I'FBI'Bsed iRs•allatieR will he iR aeeerd wi•h al'l'lieahle 

re~tttiremeRts ef: Ytah Ti•le R397; ~latienal S•aRElerds ef 

Petfefft\&Ree Hlr ~lew StaheRafY Setlfees; NatieRal Primal')' aRd 

SeeeMBFJ' AmhieRt .t.ir Qttali"J Stl!oRElerds; ~laMeRal emissieA 

StaRElerds fer Hlli!Brdetts Air Pelltti&Rts; Ae\'1 settree re¥iew er4teria; 

ft\ltltiffttiFR elle•Nahle iAerease and mMimtiFR allewahle eeMeRtratieA 

re~tttiF81ReRts fer PrenRtieR ef SigRifieBAt I)eterieratiell; the State 

lfRI'IemeRtatieR Plaa fer the area, if the area is elassi lied as a 

R8RMtaiRtR8Rl er lllaiMeHMe lfea; al\d RIW 98\iN8 f8EI\Iifelfteftl5 

fer ReaattaiMReRt areas ttRder the Federal CleaR Air Aet. 

(l) 1"he e~teettti\'e seeretary shall iSStle lA lll'l'reval ef41er IIRder 

Rl97 4QS fi Hlr a !Nijar setlfee er majer medifieatieR whieh 

eenstllft8s mere th&R SQ~{o ef the iaeremeats ia R3Q7 4QS 4 ealy 

after reeei¥iRg the al'pre·;al ef the Beard. 

~07 40l 7, Te1Rp8Fili'Y Releeatiea. 

The e·JIRer er epeF&ter ef a setlfee pre•tiettsly ll'l're¥ed tiRder 

~Q7 4Ql er i:ft a State lmpl81ReatatieR Plaa may temperarily 

releeate BA~ eperate the settree at 11ftY site fer ttp te 18Q werkiRg 

days ia 11ftY eeleREler year Ret te e~teeed lfiS eeaaee11ti.,e days, 

startiag iioem the iRitial releeati8R date. The e~teetttiYe seeretary 

shall e·,.aktate the eKpeeted emissieRs impaet at the site aad 

e&JtlllliBAee with III'Piieahle Title ~Q7 rttles as the l!ases fer 

detefft\iRiag if appre·1al fer tempeflfY releeatiea may he gF&Rted. 

ReeerEis efthe werkiRg Eleys at ea&R site, aeRseetttive Eleys at ea&R 

site, BRd aeltlal predttetiea rate shall he seRt te the e~teellth·e 

seerelllfY at the etul ef eaeh l8Q eallftdar days. These reeerds shall 

alse he kept eR site hy the ewRer er eperater fer the eR•ire prejeat, 

&Rd be maee 8'1ailahle fer F8¥ieW te the eKe8lllive seatetafY B8 

re~~t~ested. Te isstte a wriKeR appreval er ~Sili!JU&Yal, the eKeatttive 

seeretBI"J is Ret re~tttired te sttemit the tempera.,· releeatieR prepesal 

fer ptlhlie eelftlftlftl. 

R,aQ; 401 lo "NaRataiRIRIR& aRd l\l&iRtl&aRee :!.re88o 

The eWRer er eperater ef a majer aew se1:1ree er majer 

medifieatieR te he leeatetl iRa RenaKaii'IIRiftt er lftllliatea&Ree area er 

whieh ,.,.ettld imt~aet a AeRaKaii'IIRIIII er maiateR&Me area IRI:lSt, iR 

asditi&R lethe f8'1:11iFemeRlS iR RJQ7 491, sttbmil with the R&liee ef 

iRteRl aR alile~~t~ate aRalysis ef alterRatin sites, sii!es, prethletieR 

J!Feeesses, llRS eW¥iFBRft\eRtal 9811WBI teehRiEti:IIS fer Slleh pr8J!8Sed 

se'tlfee \\Rieh ~81RBRs4reles t\tat eeRefits ef the l'repesed seuree 

sigt~ifie&Rdy etthveigh the eR•<ireRFRIIRtal &Rd seeial eests impesed 

liS a resl:llt ef its leeatieR, eeRslrl:letieR, er FRedifieatieR. The 

~neettth·e seerelllf) shall re¥ie·N the aR&I) sis. The aRalysis aad t\te 

e~tee1:1th·e seeretary's eemme11ts shall ee stthjeet te p1:1elie eemmeat 

as FeEjYires hy RJQ:;z 401 4. The preeesiag shall alse apl'ly iR Salt •J bal~oe BREI Qavis CetiRiies fer II&W majer se1:1rees er medifieatieas 

whieh are e911si~ered majer Hlr J!FeeYFSers ef &i!&Re, iRel1:1aiag 

''elatile BFg&Rie eeFRpetti!Eis sAd 11itregeR eKi~es. 

Ra07 401 9, Rela•atiaa af LiiRitatiaaa. 

At a lime that a settree er medifieetiea eeeemes amajer SBttFee 

er majer medifieatieR eeeHse ef a reiMatiea ef IIRY eftfereeaele 

limitatieR whish was estahlished after Attgttsl 7, 1980, &R the 

eapaeity ef a se""e er me~ifieatieR et\terwise te 81Ril a pellttlaRt, 

s1:1eh as a restrietie11 eR the hettrs ef eperatieR, theft the 

J!reeeRstrttelieA re~tYiremeRls shall BI'I'IY te the se1:1ree as the~•gh 

eeRstflletieR hatl Rei yet eemmeaeed ea the settree er FRedifieatiell. 

Ur.m STATE BULU:.TI.V, December I. 2005, Vol. 2005, No. 23 

NOTICES OF PROPOSED RULES 

Rl97 101 IO,'baw O:.ides efNitracu HarRer Teehaele~Y• 

ll) All settrees eJtelttdiAg A&R eemmerei81 FesiileRiial ' 

dwelliRgs shall iRstall e~tides ef Ritregeft eeRtrel/lew &Jti~es efJ( 

aitregeft httFReFS er ee11trels res~dtiRg f.icem applie8tieA ef aa · 

ettttivalel\t teeftltel&g'J', 89 tletefft\iRea 9y the elteettti\'e Seereta.,. 

wheRever ettistiRg f1:11l eemhi:IStieR htlffters are replaee~.Yaless st~eh 

replaaemeRl is Ret l'hysieally l'raetieal er east eft'eetiYe. The rettttest 

fer 8R BK81RplieR shall he I'F858Rted te the li!:Keetttive SeerelafY fer 

review &Rd II!'PF8val. 

(2) Ceati:ftgeRey Re~tttirem8Rt fur Oii!:8Re ~leR&KaiRFReRt At'885 

aRd Salt lake BAd Qll'lis CettRties. If the CeAliRgeRey RettttiremeRIII 

fer aitreg1111 &~~ides are H'iggered as ettlliRetl iR SeetieR J;x.Q.2.h(2) 

efthe State lmpi81ReRtatieR PIBR, all eKisliRg settrees e~tel-iRg A&R 

eemmereial resideatial dwelliRgs shall iastall either lew eKides ef 

RitregiR htlffter teehRelegy as deserihed iR ll ), t1Rless s1:11h 

re~tttir81Reat is Ret physieally praetieal er eest eft'eati 1e, er eeRtrels 

reS¥1tiftg iioem applieatieft ef 11ft etttti"Yallftt teeh.--.alegy, hath ef 

•Nhieh shell he determi:fted hy the Blteelltive seeretary. All se11rees 

•ettttiretl te iaatall Rew eeRtrela tiRder (2) shall stthmit, wnhiR R\18 

meathe after aha \rigger Elate, either a sehe~ttle fer iastalliRg the 

e~tYipllllftt er a re~ttteat fer aa e~temptieR. The FeEtllired 11111ipmeRl 

shall he eperatienal as seeR as praetieehle er witlliR a reas8Rahle 

time agreed ttpaR hy the settree &Rd the e~teetttive seeretafY. 

RaG; 401 11. Ei1hteea Meath Re'liew. 

•\ppr&'i'el erders isstted lly the e~tee11tive seeretary iR 

aeeerdanee with the previsieRs ef ~Q7 491 shall ee re•1iewe~ 

eig)tlelft meathe after the Elate efisstt&Rea te deteffftiae the stati:IS ef 

eeRslrl:letiea, iastallatiea, medifieatien, ~eleeatieR er estahllshm8Rt. 

If a eeatiBIIetiS pregFBB!: efeeastNetiea, iRstalletieR, medifieatieR, 

teleeatiea er estHii&hmeat is Ret preeee~Rg. the eneelltive seefelary 

186)' re.,eke the appre•lal erder.] 

R307-401. Permit; New and Modified Sources. ( . 

R307-4~1-1. ~.::;·~ J Th:S iilC ta Hshes tbc apo!ication and oennittin 

reguircmcnts for new sources and modifications to existing sources 

throufdwut the State of Utah, Aciditjonal pennittjng reguireroents 

apply to !arm sources or sources located in nonattainment or 

maintenance areas. These additional reguirements can be found in 

R307-403. R307-405, R307-406, R307-420. and R307-421. 

Modeling requirements in R307-410 may also apply. Each of the 

pennitting rules establishes independent reguirements, and a source 

must comply with all of the requirements that apply to the source. 

Exemptions under R307-40 I do not atTect apolicabilitv of the other 

peonittimr rules. 

RJ07-401-2. Definitions. 

(I) The following additional definitions apply to R307-401, 

"Actual emissions" (a) means the actual rate of emissions of an 

air contaminant from an emissions unit. as detennined in accordance 

with p8@mphs Cbl through Cd) below. 

Cbl In genera). actual emissions as of a particular date shall 

egual the average rate, in tons per year. at which the unit actually 

emitted the air contaminant during a consecutive 24-month period 

which precedes the particular date and which is representative of 

normal source operation. The executive secretuy shall allow the use 

of a different time period upon a determination that it is more 

representative ofnonnal source operation. Actual emjssions shall be 

calculated using the unit's actual operating hours. production rates, 

and tvpes of materials processed. stored. or combusted during the 

sdected time oeriod. 

f' -10 

{1 "" J· 
NOTICES OF PROPOSED RULES •• 

(/, . .. ~ .J (c) The cxccytive secretary maY presume that source-soecjfic 

·~allowable emissions for the unjt arc eauivalent to the actual 

emissions of the unit. 

<dl For anY emissions unit that bas not begun noonal 

operations on the particular elate. ac:tual emissjons shall eaual the 

ootcntjal to emU of the unit on that date· 

)I "Best available control tccbnolo&Y" means an emissions 

limitation lincludinc a visible emissions standar4\ based on the 

maxiiDIDD decree of reduction for each air contamjnant wbjcb would 

be emitted from my proposed stationary source or modificltion 

which the executiye sccmary. on a case-by-case basjs. taJtinc into 

account enemy. myirompental. and economic impacts and other 

costs. cfctennines is achjeyable for such source or modification 

through apoljc;ation ofproductjon processes or available metbocls. 

svstcms. and tccbniaues. includinR fuel cleaoinc or treatment or 

innovative fuel combjnatjon techniques for control ofsuch ool!utanl 

In no cycnt shall appljqtion of best available control tecbnotm 

result ju emjssioqa of apy ool!utapt whicb wpuld exceeci the 

emissjoga aiJowed bv any gljcab\e Standard under 4Q CFR. parts 

60 and 6\ .lftbe executive sccretarv detmnines that technololic;al or 

economjc limjtatipns on the appljcaticm pf measurement 

metbodptpcv to a particular emjssiona unit wpuld make the 

imposition ofg emiui(JDS stan4ard infegjble. a !lesim. eauipment 

w9Jk mctice· cpratic>Dilstandard or cODJbigtipn therepf. may be 

prescrjbc4 jnstead to sati,m the requirement for tbe aoo!iqticm of 

best ayailable control technoiP&Y· Such Standard shall. to the sieme 

possible. set fortb the emissions reciuction achievable by 

implementation of such lfesim. equipment, work mactice or 

operation, and shall provjcle for compliance by means whjcb achieve 

eauiya}mt results· ( 1'1"'· . ''Buildinc, structure. facilitv, or installation" means all of the 

'-" oollvtant-emittiJW activities which belcmg to the same industrial 

groupinl. are located on QDC ()[ more COD!j!N9US or adjacent 

propertiq, and are under the control pftbe same perspn lor persons 

undercpmmoo cpntroll except the activities of anY vessel. Ps>llut&ntemittiag activities shall be consjdq,ed as Part of the same in!lustrial 

groupinc jfthey belong to the same Major GroUP (j.e .. which haye 

the same two-clilrit code) y described jn the Standard Industrial 

Classification Manual, 1972, as amended by the 1977 Suoplement 

<U,S. Goyemment Priptin1 Office stock numbers 4101-0066 and 

Q03-005-00176-(). respectjvcM. 

"Ccmstruction" wans any phvsjcal chance or chang:e in the 

method of operation <includinl fabrication. erection. installation. 

demplition, or modification of an emissions unit> that would result in 

a chance jn emjaicms. 

"Emissipns unit" means any Part of a stationary source that 

emits or would have the potential to emit any air contaminant. 

"Fumtive emissions" means those emissions which could not 

reasonably pasa tl!rou!lb a stack, chimney. vent. or Other functjona lly 

eaujvalcnt openinc. 

"Indjrcct source" means a bujldimr. structure, facility or 

installation which attracts or may anract m9bile source activjty that 

results jn emjssi()D of a ool!utant for which !here is a national 

staJidard. 

"Pptmtjal t() emit" IDCIOS the mu,imum capacity of a Stationarv 

spurce to emit an air contaminant un4er its Physical and operational 

design. Any physical or operational limitation em the capacity of the 

source to emit a oollutant including air pollution control eguioment 

and rgtricliAAs pn OOurs of o.pcratjpn or on tbe type or amount of 

material combuste4. store<!. or processed. shall be treated as Part of 

its design if the limitation or the effect it would have on emissions is 

DAR File No. ~8325 

enforceable. Secondary emissions do not count in determining the 

potential to emit of a stationary source. 

"Secondarv emissions" means emissions which occur as a 

result oftbe C()l!Struction or operation of a maipr stationarv source or 

major modificatiAA. but do Dot cpme from tbe major stationary 

source or major modification itself: Secondary emissions include 

emissions frpm anY offsitc support facility which would not be 

constructed or increase its emissions except as a result of the 

construction or operation of the maior stationaa source pr major 

me>dification. Secondary emissions ® not include anY emissions 

which come directlv from a mobile source. such as emissions from 

the tailpipe of a JD()tor vehicle. from a train. or from a vessel. 

"Siationm scmrq• means any building. structure. facj)ity. or 

installatipn which emits or may emit an ajr contaminant. 

RJ0?-401-3. AppHcabillty, 

<I\ R307-401 811!Jies to any pmpn intendinc tp: . 

(a) Construct a J1C'W jnstallatjon which wj!l or mjcht reasonably 

be expected to becpme a source or an indirect source of air oo)lution, 

<bl make modifications or relocate an exjstinc installation 

which wm or micht reasonably be exmteci tc? increase the amount 

or chang the effect ot: pr tbe Character of, air contaminants 

discbarced. so that such iosta!latiw IDlY be expected t() becpme a 

source or indirect SOUJ'Ce of air ooUutjon. or 

lcl install a cpntJpl apparatus or ptber equipment intended tp 

control emissions pf air contaminants from a stationary spurce, 

m R307=403. R307-40S and R307=4Q6 may establish 

adctitiona) permjttina req,ujrements for new w modified sources. 

Ca) Exemptions contained in R3Q1-401 dp not affect 

applicability or other regujrements under R301-403. R301-40S or 

R307-406. 

(bl Exemptions contained in R307-403. R307-405 pr R307-

406 do not affect aoo\ic;abiUty or Ptber requirements under R307-

40 I. ypless sm:itically authprized in this rule. 

R307-401-4. General Reguirsmeata, 

The ieneral reouirements ja lll through <Jl below apply to all 

new and modified soun;es, jncludinc sources that are exempt from 

the requirement t() obtain an anprova1 order. 

(1) Any control aDp!U'!ltUs installed on a source shall be 

adequately and oroperly maintained, 

(2) If the executive sccrctarv determines that an exempted 

source is not meetinc an a!)JZfOval order or State Implementation 

Plan limitation. js creating an adverse impact to the environment. 01 

would be injurious to humaJ! health or welfare. then the executive 

secretary may reouire the source to submit a notjce of intent and 

obtain an aoproval order jn !lCcprdance wjth R307-401-S through 

R307 -401-8. The executive secretary will complete an appropriate 

analysis and evaluatiop in consultation witb the source owner or 

operator before determininc that an approval order is required. 

m Low Oxides ofNjtrogen BumerTecbnoJocv, 

<a) Except as provided in <bl below, whenever existinc fuel 

combustion burners arc replaced. the pwner or operator shall jnsta!! 

low oxjdes of nitroun bumen or equivalent oxicles of njtrpg:en 

controls. as determined by the e~tecutive secretary. unless such 

eauipment is not phvsicallv practical or cost effective. The owner or 

operator shall submit a demonstration that the equipment is not 

physically practical pr cost effective to the executive secretary for 

review and approval orior to beginning construction. 

Ur.m STATE BULLETIN, December I, 2005, Vol. 2005, No. 23 
DAR File No. 2X325 

!b) The provisions of (a) above do not apply to noncommercial. residential buildings. 

R307-401-S. Notice of Intent. 

(I) Except as provided jn R307-40!-9 through R307-401-17. 

the owner or ooera!or of any stationary source subject to R307-401 

shall submit a notice of intent to the executive secretary and receive 

an aPProval order prior to initiation of construction. modification or 

relocation. The notice of intent shall be in a foonat specified by the 

executive secretazy. 

(2) The notice of intent shall include the following 

information: 

Ia) A description ofthe nature oftbe processes involved: the 

nature. procedures for handling and auantjties of raw materials: the 

type and quantity of fuels employed: and the nature and quantity of 

finished product. 

(b) Expected comoosition and physjcal characteristics of 

effluent stream both before and after treatment by any control 

aJ)l!aratus. inc!udjna emission rates. volume. temperature. air 

contaminant types, and concentration of air contaminants. 

(<;) Size. type and perfoonance characteristics of any control 

apparatus. 

(d) An apa!ysjs of best available control technology for the 

prooosed source or modification. When determining best available 

control technology for a new or modified source in an ozone 

nonattajnment or maintenance area that will emit volatile organic 

compounds or njtrogen oxides. the owner or operator of the source 

shall consider EPA Control Technique Guidance CCTGl documents 

and Alternative Control Technique d9cuments that are aPPlicable to 

the source. Best available control technology shall be at least as 

stringent as any nublished CJG that is aoplicable to the source· 

(e) Location and elevation of the emission oojnt and other 

factors relating to dispersion and diffusion of the ajr contaminant in 

relation to nearbY structures and wjndow ooenings. and other 

information necessary to apprajse the possible effects ofthe effluent. 

<0 The location of planned sampling ooints and the tests of the 

completed installation to be made by the owner or operator when 

necessarv to ascertain comoliance. 

(&) The typical werating schedule. 

(h) A schedule for construction. 

(i) Any plans. specifications and related information that are in 

final form at the time of submission of notice of intent. 

<D Any additional information required by: 

<il R307-403. Permits: New and Modified Sources in 

Nonattainment Areas and Maintenance Areas: 

Iii) R307-405. Permits: Major Sources in Attainment or 

Unclassified Areas IPSO>: 

<iii) R307-406. Visibility: 

(ivl R307-410, Emissions Impact Analysis; 

(v) R307-420. Permits: Ozone Offset Requirements in Davis 

and Salt Lake Counties: or 

!vi) R307-421. Permits: PMIO Offset Requirements in Salt 

Lake Countv and Utah County. 

Ck> Any other information necessarv to determine if the 

prooosed source or modification will be jn compliance with Title 

B1QL. 

R307-401-6. Review Period. 

(I) Completeness Determination. Within 30 days after receipt 

of a notice of intent. or any additional information necessary to the 

Ur.w STATE 8ULJ.ETI.V, December I, 2005, Vol. 2005, No. 23 

NOTICES OF PROPOSED RULES 

review. the executive secretary will advise the applicant of any 

deficiency in the notice of intent or the information submitted. ,. 

(2) Within 90 days of receipt of a complete application ' ' ,# 

including all the information described in R307- 401-S. the\J"" 

executive secretary will 

Cal issue an approval order for the proPOSed construction. 

installation. modification. relocation. or establishment pursuant to 

the requirements ofR307-401-8. or 

Cbl issue an order prohibiting the prooosed construction. 

installation. modification. relocation or establishment jfit js deemed 

that any part of the proPOsal is inadequate to meet the applicable 

reauiremcnts ofR307. 

(3) The review oeriod under (2) above may be extended by uP 

to three 30-4ay C~densions jf more time is needed to review the 

proposal. 

R307-401-7. Public Notice. 

(I) Issuing the Notice. Prior to issuing an !!PJ!fOVal or 

disapproval onier. the executive secreta[y will advertise intent to 

approve or disapprove in a newspaper of general circulation in the 

locality of the oroposed construction. installation. modification. 

relocation or establisbment. 

(2) Opportuoitv for Revjew and Comment. 

(A) At least one location wj!l be orovided where the 

information submitted by the owner or operator. the executive 

secretm's analysis of the notice of intent proposal, and the proposed 

approval order conditions will be available for public jnspection. 

(b) Public Comment. 

(i) A ten-day public comment period will be established. 

liD The public cornrnent period in <i> above will be increased 

to 30 daYS for any source that is: 

CA> subject to the requirements of R307-405. Permits: Major 

Sources in Attainment or Unclassified Areas. ... 

<B> subject to the requirements of R307 -406, Visibilitv. . \ 

CCl subject to the requirements ofR307-41 5. OPerating Perrn!J 

Requirements: 

(Dl a svnthetic minor source in accordance with R307-41 5-

~ 

CEl located in a nonattainment area or a maintenance area for 

any oollutant: or 

(f) subject to any standard or requirement of 42 U.S. C. 7411 

or7412. 

(iii) A request to extend the length of the comment oeriod. up 

to 30 days. may be submitted to the executive secretary: 

<A> within I 0 days of the date the notjce in (!) above is 

published for comment periods established under (i), or· 

!B) within I 5 days of the date the notice in (!) above is 

published for comment periods established under lii). 

(iv) Public Hearing. A request for a hearing on the prooosed 

approval or disapproval order may be submitted to the executive 

secretarv: 

<A> within 10 days of the elate the notice in 0) above is 

published for comment periods established under lil above. or 

<Bl wjthin IS days of the date the notice in (Iabove is 

published for comment oeriods established under (ij) above. 

(v) The hearing wil! be held in the area of the prqoosed 

construction. installation. modification. relocation or establishment. 

(vi) The public comment and bearing procedure shall not be 

required when an order is issued for the puroose of extending the 

time required bv the executive secretary tQ reyiew plans and 

specifications. 
NOTlCES OF PROPOSED RULES 

1-

~ 

ir' .· 

(3) The e)tecutjve secretary wjU consider all comments 

recejved during the public c;;omment perj<KI and at the Public hearing 

and. jf aPJlropdatc. wjll make changes to tbe proposal in response to 

comments before issuing an apProval oQJcr or disapproyal order. 

R3Q7=4Ql-8. App[pval Ordsr. 

<I l The executive seqetarv will issue an approval orcler if the 

fol!owjng conditions !Jave been meti • . Ca) The dep:e of pollution control for emissions. to include 

fi!gjtjve emissions and fuJitjve dust· is Mleyt best avajlabk; control 

technology. Wben determining best avaiJab!c control tecbno!gp for 

a new or modified source ja an ozone nOMtt!linment ar maintenance 

area that will emjt volatile organic co!JWOunds or nitrocn ~ides. 

best available con1rol techpology shall btat least as stringent as any 

Control TccJmjgue Guidlnce document tbat has been oublished bv 

EPA that js appljcable to the source. . 

(b) The proposed installation wjll meet the aopljcable 

reguirements of: 

li> R307-403. Soun:es in 

Nona · t 

Air Pollutants; 

<ix> B3Q7-1!0. U9AState lmp\emeatation Plan: and 

lxl aU other omyisjoas of R3Q7. 

(2) The approval order will TCQI!irC that all POllution control 

eguipment be adeauatelv tnd prooerlv maintained 

(3) Recejpt of an llOJIOVal order does not relieve any owner or 

operator of the respgpsibiltv to comply with the orovisions ofR307 

or the State ImpJementatitn Plan. 

l4l To ac;;commod&!Fstaeed construction of a lara; source. the 

executive seqetarv maY ipue an order authorizing construction of 

an initial stau mior to receipt of detailed o!ans for the entire 

oroDOSil wovided that.. through a reyjew of generJI plans. 

smgineerjng reports and Other information the orooosal is dctennined 

feasible by the executiyt secretary u!lder the intent of R307. 

Subsequent detailed plw will then be processed as prmribed in 

this paragraph. For staged construction projects the preyious 

determination under R307-401-81 I) and (2) will be reviewed and 

modified as aporooriate at the earlies& reasonable time prior to 

commens;cmcnl of construction of eKh independent phase of the 

oroposed source or modifis;ation. 

(5) If the exes;utivt secretarv sletcrmines that a prOPOsed 

stationary source. modification or relocation docs not meet the 

conditions established in ( J l above. the exes;utj ve secretary wjl! not 

issue an approval order. 

R307-401-9. SmaU §oprg Exemption. 

(! l A small stationary source is exempted from the 

requirement to obtain an approval order jn 8307-401-5 through 8 if 

the fo!lowjn1 conditions are met. 

DAR File No. 28325 

Ia ~ 1 I • ~ h 5 ° jts actua emtss1o are less t an tons per year per atr 

contaminant of any of tlJI; following air contaminants: sulfur 

dioxidl. carb9n monoxide; OitrQgen oxides. PMJch ozone. or volatile 

orga~~~~~ ; . ;j missjciJS are less than 500 pounds per year of 

an; h=~ou~;r oo~.le:than ~:' oounds per year of an c mab of tr llutan · 

any io=foo:n'ti~ais!rt~iab::::~:~~eiOOf pouut per year of any .inatjon ofajr contaminants not listed jn 

lal or&> ab9ve. , 

W Ajr contami- that are drawn from the environment 

th!'OQib eguimnent jn tgpkc air and then are released back to the 

enyjrqlment wjtbout cbpical change. as well as Carbon djoxisle. 

~~=· iii!~;i!o:l:I!tion~;b£:e:n:::: s=:::~= undgi Cal through (c) U4ve. 

t2) The owner gr gperator of a source that is emnpted from 

the BQuiremcnt to obtajf ap a,pprova\or4er under {I l above sball no 

lona be exempt ifactyll emissions in anv subsequent year exceed 

the emjssjon tbresbolcfl in ( 1) above. The owner or operator shall 

subgajt a notice of integ& under R307-40 1-5 no later than ISO davs 

aftci the end of the calcpdar year in wbjcb the source exceeded the 

ernjssjon thresbold. 

(3) Small Soyrc;e Exemption - Registration. The executive 

secretary will maintaja a registry of sources that are claiming an 

exemption under R301;;401-9. The owner or Qperator ofa stationary 

source that is claimju an exemption under R307 -40 I -9 may submit 

a written regjstratiOJ notice to the executive secretao'· The notice 

shall jnclude the fol!owjng minimum jnfounation; 

(a) jdentifyinc iQfonnation. including comoany name and 

address· location of source· telephone number· and narne of plant 

site manager or ooiDt of contact: 

eauh:en~ === ::an:i::rm~!eri'a::::s~:e j~;vaild auantity of fuel empi!Wed and nature and quantity of the finished 

~ ' {c) identificatiog of expected emissions: 

{d) estimated a.nQyal emission rates: 

<el anY cQntrol apparatus used: and 

<0 typical operating schedule. 

I 4 l An exemption under R307 -401-9 does not affect the 

requirements ofR307-401-16. Temoorary Relocation. 

R307-401-10. Source Category Enmptions. 

The following source categories described in (I) through (5) 

below are exempted from the reauirement to obtain an approval 

order. The geoeral provisions in R307-401-4 shall apply to these 

sources. 

( 1 l Fuel-burning eguipment in which combustion takes place at 

no mater pressure than one jncb ofmercurv above ambient pressure 

with a rated capacity ofless than five mmjon BTU ocr hour usjng no 

other fuel than natuq) gas or LPG or otber mixed gas that meets the 

standards of &as distributed by a uti!jty in acCordance wjth the rules 

of the Public Scrvjcc Commission of the State of Utah. unless there 

are emissions otber than combustion products. 

<2> Comfort heating equipment such as boilers. water heaters. 

air heaters and steam generators wjth a rated capacity of less than 

one million BTU per hour if fueled only by fuel ojl numbers I - 6, 

(3) Emergency heating eauipment. using coal or wood for fuel. 

with a rated capacity less than 50.000 BTU oer hour. 

UT.m STATE 8ULLI:.'TIN, December I, 2005, Vol. ~005, No. 23 
DAR File No. 28325 

operation; · , ' ~' 

eauiO::entj!;s-;Q=~= :U!i;Ao'!l!!u~:::O! N ationa! Emissions Standards for Hazardous Air Pollutants unde(42 

U.S.C. 7411 or 7412; and .ii 

(b) the replacement · of the controfapparatus or process 

equipment does not violate any other provision of Title R307. J 

C2l Replacement-in-Kind ProcedureL '> ' 

Cal In lieu of filin& a notice of intent Jnder R307-401-5. the 

owner or operator of a stationary source sl!all submit a written 

notification to tbe executive secretary Jmfore replacing the 

equipment. The notification shall contajp a description of the 

replacement-in-kind equipment. jncludillJ tbt control capabjli\y of 

any control apparatus and a demonstratiot that tbe conditions of (I l 

above are met. . , \. · 

Cbl If the reolacement-in-kfud msfts tbe conditions o( ID 

above. the executjve secretarv will updite the source's approval 

order and notify the owner or operator. Public review under R307-

40 I -7 is not required for the update to the ap,proval order. 

(3) If the replaced process equipment or pollution control 

equipment js brought back into operation. it sball constitute a new 

emissions unit. 

R307-401-12. Reduction in Air Contamigants. 

( I) Aoplicabiljtv. The owner or operator of a stationarv source 

of air contaminants that reduces or elimmates air contaminants is 

exempt from the aporoval order requirements of R307-4QI-5 

through 8 if: 

(a) the oroject does not increase the potential to emit of any air 

contaminant or cause emissions of any new ajr contaminant. and 

Cb) the executive secretary is noli tied of the chan&e and the 

reduction of ajr contaminantS js made enfOrceable throyg an 

approval Order in acCordance with {2) below. ; 

(2) Notj fication. The owner or Qperator sball submit a written 

description of the project to the executjve secretarv no later than 60 

days after the changes are made. The executive secretary will update 

the source's approval order or issii:' a new approval order to include 

the project and to make the emission reductjons enfon;eable. fublic 

review under 8307-401-7 is not required for the uPdate to the 

approval order. 

UTA II STATE BVLLET/.V, December I, 2005, Vol. 2005, No. 23 

NOTICES OF PROPOSED RULES 

R307-491-t3. Plantwicle APPlicability Limi!J. 

A plantwide applicabi!itv !jmit under R307-4QS-21 does not ( " 

exempt a stationary source from the requirements of R307-40 I. ......, 

R307-4!1-11. Used Oil Fuel Burned for Enem Recovery, 

Ol Qefinjtjons. 

"Boiler" means boiler as defined in R3! 5-1-1 that incorporates 

by reference the tenn "boiler" jn 40 CFR 26().10. 2QOO eeL as 

amendeclby 67 fR 2962. January '2. 2002. 

"Used, Oil" js definecl u any oil that has been refined from 

crude oil. used,l!lld. as a resph ofsuch use contaminated by physical 

or chemigliiqpuritjes. . . . 

<2> Boilm bumjn!Jllled ojl for e!leiJY recovm are exempted 

from the JftVimnent to g)?tain an awroyal orsler jn R307-401-5 

through 8 ifJJJC fol!owinciequirements are met: 

(a\ the heat jnput dcljp js Jess than one mmion BTU/br; 

Cbl corjaminatiqp levels of all usecl ojl to be burned do not 

exceed IIDY of the followiaa values: 

m arsenic -s wm by weight. 

Cii\ sedmjum - 2 ppm by weight. 

ljijl chromium - 10 ppm by weigbt. 

de~ 

Jiiji~~~M~IOO Fabrmhet!: .: 

~s:i::a:aii5:::~1t::a ~=i~~'flr!i :0::::;::TuS!i tl;U:!:J:t~ ASIM method as required by the exe<iutjve secretarv. Records for ; 

USed oi\ consumption and test reports are 10 be kept for all periods . ' 

when fuel-bumin& egujpment js in oQj;ration. The records shall be....., 

kept on site and made avajllble to the executive secretary or his 

representative uoon reauest. Record$ must be kept for a tbree=year 

m;riQd. 

R307-401-JS. Air StripiKn and Sqil Venting Protects, 

l I l The owner or cmerator of an ajr stripper or soil ventin& 

system that is used to reroediate contaminated groundwater or soil is 

exemot (rom the notjce of intent and 8pllroval order requirements of 

R307-40J-5 through 8 if the following conditions are met: 

(a} the estimated total- air emjssions of volatile organic 

compowcJs from a &iveu project are less than the de mjnimis 

emissjogs listed in 8307-401-9( J)(a>. and 

<bl the level of aoy one hazardous air pollutant or any 

combination of hazardous air POllutants is below the levels ljsted in 

R307-4l0-4fl)(dl. 

<2> The owner or operator shall submit documentation that the 

projest meets the exemption reaujrements in l I l above to the 

executive secretary prior to be&inninc the remeciiatjon projest. 

(3) After be&innin& the soil remediation projqt. the owner or 

operator sba}) subtpjt emissions infoonatjon to the executive 

secretary to verify that the emission rates of the volatile organi~ 

compounds and hazardous air pollutants jn {)) above are not 

exceeded. Emissions estimates of volatile organic compounds and 

hazardous air pollutants shall be based on test data obtained in 

accordance with the test method in the EPA document SW -846. Test 

#8020 or #8021 or other test or monitoring method approved by the 

executive secretary. Results of the test and calculated annual 

r-1 ~~ 
NOTICES OF PROPOSED RULES 

'() quontity o(emiaions of volotile ""'"'' oompo.m<k ond ""'"""' 

air pollutants shall be submttted to the executtve secretary wtthm 

one month of sampling. The test samples shall be drawn on intervals 

of no less than twentv-eight days and no more than thjrty-one days 

Ci.e .. monthly> for the first quarter. quarterly for the first yeaL and 

semi-annuallY thereafter or as determined necessary by the executive 

secretarv. 

(4) The fo!lowina control devices do not require a notjce of 

intent or approval order when used in relation to an ajr stripper or 

soH ventina project exempted under R307-401-1S: 

lal tbennodestruction unit wjth a rated input capacity of less 

than five million BTU per hour using no other auxiliary fuel than 

natural ps or LPG. or 

(b) Carbon a4somtion unjt. 

R307-40l-16. De minimis Emissions From SoD Aeration 

Prolecta. 

An owner or ooerator of a soil remediation project is not 

subject to the notice of intent and approval orlier requirements of 

R307-401-S tbr9uah 8 when soil aeration or land farming is used to 

Conduct a soil remedjatjon. if the owner or operator submits the 

following information to the executive secretarv prior to begjnnirnz 

the remediation project: 

Cll documentation that the estimated total air emissions of 

volatile manic compounds. using an appropriate sampling method. 

from the project are less than the de minimis emissions listed in 

R307-401-9U)(al: 

C2l docwneptation that the levels of any one hazardous air 

oo!lutant or any combination of hazardous ajr ool!utants are less 

than the levels jn R307=41 0-40)(dl; and 

(3) the location of the remediation and where the remediated 

material originated. 

R307-401-17. Temporaa Relocatioo. 

The owner or ooerator of a stational)' source previously 

approved under R307 =40 1 may temporarily relocate and ooerate the 

stationarv source at any sjte for up to 180 working days in any 

calendar year not to exceed 365 consecutive days. starting from the 

initial relocation !late. The executive secretazy will evaluate the 

expected emissions impact at the site and compliance with 

applicable Title R307 rules as the bases for determining if approval 

for temponuy relocation may be granted. Records of the working 

days at each sjtc. consecutjve days at each site. and actual 

Production rate shall be submitted to the executive secretary at the 

end'ofeach 180 calendar davs. These records shall also be kept on 

site by the owner or operator for the entire project. and be made 

available for review to the executive secreta!)' as reQuested. R307-

40 l-7. Public Notice. does not apply to temporal)' relocations under 

R307-40l-16. 

RJ07-401-18. Eighteen Month Review. 

Approval ordm issued by the executive secretary in 

accordance with tbe orovisjons of R307-401 will be reviewed 

eighteen months after the date of issuance to determine the status of 

constructjon. installation. modification. relocation or establishment. 

If a continuous program of construction. installation. modification. 

relocation or establishment is not proceeding. the executive secreta!)' 

may revoke the aporoval order. 

DAR File No. 28322 

R307 -401-19. Analysis of Alternatives. 

The owner or operator of a major new source or maior 

modification to be located in a nonattaioment or maintenance area or 

which would impact a nonattainment or maintenance area must. in 

addition to the requirements in R307-401. submit with the notjce of 

intent an adequate analysis of alternative sites. sizes. production 

processes. and environmental control techniques for'such proposed 

source whjch dem9nstrates that benefits of the prooose<f source 

significantly outweigh the environmental and social costs imoose4 

as a result of its locatjon. construction. or modification. The 

executive secretaJy sball review the analysjs. The analysis and the 

executive secretaJy's comments shall be subject to Public comment 

as reaujred by R307-4Ql-7. The mccding shall also aoply in Salt 

Lake and Davjs Counties for new major sources or modjficatjons 

which are considered major for precursors of ozone. includina 

volatile organjc compounds and nitrogen oxides. 

R307-401-l0. Relaxation of Limitations. 

At a time that a source or modification to be located in a 

nonattainment or maintenance area or which would impact a 

nQilJttajnment or maintenance area becomes a llll!ior source or major 

modification because of a relaxation of any enforceable limitation 

which was established after Auaust 7. 1980. on the caoacitv of a 

soun;e or modification otherwise to emit a ooliutant. such as a 

restriction on the boun of operation. then the 0reconstruction 

requirements shaH apply to the source as though construction bad 

not yet commenced on the source or modification. 

KEY: air pollution, permits, approval order(.t.) 

(SeptemlleP15, 1991]Ig 

Notice of Continuatioo August 11, 1003 

19-l-104(3)(q) 

19-l-101 

NOTICE OF PROPOSED 

(Repeal and Reenact) 

DAR FILE No.: 28322 

FILED: 11/03/2005, 08:21 

RULE ANALYSIS 

UTA/I STATE BULLETIN, December I, 2005, Vol. 2005, No. 23 

J 
DAR File No. 28322 

SUMMAR F THE RULE OR CHANGE: On December 31 

EPA publi ed a major revision to the federal PS 

that is com nly referred to as the NSR Refo Rule. All 

states are req · to submit a State lmple ntation Plan 

(SIP) revision to PA that incorporates NSR Reform 

Provisions by Jan ry 2, 2006. The SR Reform Rule 

clarifies applicability r determining hen a modification 

qualifies as a major mo · cation, an rovides more flexibility 

for certain types of cha as. e major changes to the 

federal rule are: 1) appllcal) 'ty· e NSR Reform Rule made 

several changes to the appli ility provisions. First, the new 

rule allows sources to use y ear period within the last 1 0 

years to determine basel' e emis · ns. Second, the new rule 

allows sources to c pare curr t actual emissions to 

projected future a emissions to termine if an emission 

increase qualifies s a major modifica n. This test may be 

used only if the urea agrees to monitor d report emissions 

to guarantee t t the projected emission e imate is accurate; 

and 2) plan de applicability limits (PAL): t new rule allows 

a source establish a plantwide emission p based on 

actual e ssions. The source can then make anges to the 

facility or individual emission units without requi g a revised 

PSD permit as long as total emissions stay below e PAL A 

PAL is created per pollutant, and can be created fa an entire 

facility or a subset of units within a facility. Chan s have 

been made to the incorporated language to adapt the eral 

anguage to Utah?s regulatory program. Some sections fthe 

eral regulation could not be easily incorporate by 

ref ence, such as the designation of areas within the st 

and t public comment process. These requirements 

include · the rule text. Incorporation by reference will suit 

in other m r changes to the PSD requirements due small 

differences tween the federal language in 40 R 52.21 

and the curre PSD rule. The Board does elieve that 

any of these ot r changes will be signifi . In addition, 

some provisions t are in Utah's cu PSD rule, Rule 

R307-405, are mov to the SIP be e the provisions are 

commitments by the S of Utah er than enforceable rule 

requirements. These p isions include the process that the 

Board would follow to re ssify areas within the state for 

purposes of PSD, including nsultation with the Governor 

and the Utah Legislature. The SD SIP was also rewritten to 

NOTICES OF PROPOSED RULES 

provide an overview of the PSD permitting program (see,, .. 

separate filing in this issue on Section R307-110-9). ThJ{ 

following federal provisions are not included in tl' 

· corporation by ·reference: 1) the routine maintenanc 

re ir, and replaCement provisions that were adopted by EPA 

on tober 27, 2003, and then stayed by the DC Circuit Court 

of Ap als on Decemb r 23, 2003, pending appeal; 2) Clean 

Unit an Pollution ontrol Project provisions that were 

vacated b the D ircuit Court of Appeals on June 4, 2005; 

and 3) num o outdated provisions in the federal PSD rule 

that are no I ger applicable. 

INCORPORATES BY REFERENCE THE 

CFR 52.21, 40 CFR 52.01, and 40 

ANTICIPATED COST OR SAVIN 

o) THE STATE BUDGET: No sts or savings are expected 

because the cost of Air Quality activities in issuing approval 

orders under Rule R307 -405 are vered by fees aid by the 

ERSONS: These rule 

rev•s•o may potentially reduce e regulatory burden 

asso 1ated with the major New Source eview program for 

so ces subject to Rule R307-405, by im ing the darity of 

r, uirements, and providing alternatives tha rces may use 

to further improve their operational flexibility. erefore, cost 

savings may be expected for affected persons. 

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IM ACT THE 

RULE MAY HAVE ON BUSINESSES: The revisions made t R307-

405 may reduce some costs for complying with the majo 

Source Review program. Therefore, no adverse fiscal im 

1 expected for businesses because of this revision. Dia e 

R. ielson, Executive Director 

THE F L TEXT OF THIS RULE MAY BE INSPECTED, DURING REGULAR 

BUSINE HOURS, AT: 

EN ONMENTAL QUALITY 

AIR ALITY 

150N SOW 

SALT LA E CITY UT 84116-3085, or 
NOTICES OF PROPOSED RULES DAR File No. 28322 

\ 

~ 

P--/7 

Ur.m STATE BULLETIN. December I, 2005. Vol. 200;, No. 23 
DAR File No. 28323 

Environmental Quality, Air Quality 

R307-410 

Permits: Emissions Impact Analysis 

NOTICE OF PROPOSED RULE 

(Amendment) 

DAR FILE No.: 28323 

FILED: 11/03/2005, 08:22 

RULE ANALYSIS 

PURPOSE OF THE RULE OR REASON FOR THE CHANGE: The 

purpose of this amendment is to clarify the rule. This 

amendment is part of revisions to rules related to the federal 

New Source Review program, commonly called "NSR 

Reform" (see separate filings on Section R307-110-9, Rule 

R307-401, Rule R307-405, Rule R307-410 and Rule R307-

413 in this issue). (DAR NOTE: The amendment to Section 

R307-110-9 is under DAR No. 28320; the repeal and 

reenactment on Rule R307 -401 is under DAR No. 28325; the 

repeal and reenactment on Rule R307 -405 is under DAR No. 

28322; the amendment to Rule R307-410 is under DAR No. 

28323; the repeal of Rule R307-413 is under DAR No. 28324 

in this issue.) 

SUMMARY OF THE RULE OR CHANGE: This rule establishes 

modeling requirements to determine the impact that emissions 

from new or modified sources will have on the federal health 

standards and on levels of hazardous air pollutants. As part 

of the review of all permitting rules for new and modified 

sources, stakeholders recommended that all federal 

requirements of 40 CFR 51.21, Prevention of Significant 

Deterioration (PSD), be moved into one rule. The modeling 

requirements for PSD are being incorporated by reference into 

Rule R307-405 (see separate filing in this issue); however, 

they are not deleted from Rule R307-410 because the same 

requirements still apply to smaller sources thatpre not subject 

to PSD rules requirements of Rule R307-405.(fhe definitions 

in Rule R307-410 are deleted here and incorporated by 

reference from 40 CFR 51.100 into Subsection R307-410-

2(2). Two definitions that are presently located in Section 

R307-101-2 (see separate filing in this issue) are being moved 

to Rule R307-410 because the terms are not used in other 

rules. The incorporation by reference of the federal 

Guidelines on Air Quality Models is updated to reflect the most 

current issue. For ease of use, the modeling limit for carbon 

monoxide in Table 1 is specified instead of referencing 

UT.W ST.~TE 8ULLET/,V, December I. 2005, Vol. 2005, No. 23 

NOTICES OF PROPOSED RULES 

another rule. (DAR NOTE: The amendment to Section R307-

101-2 is under DAR No. 28319 in this issue.) 

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FORTH~ \ 

RULE: Subsection 19-2-104(3)(q), and 40 CFR 51.160 and4(,J 

CFR 51.118 

THIS RULE OR CHANGE INCORPORATES BY REFERENCE THE 

FOLLOWING MATERIAL: 40 CFR 51.100, 40 CFR 51.160, and 40 

CFR51.118 

ANTICIPATED COST OR SAVINGS TO: 

-> THE STATE BUDGET: The state budget iS not affected 

because all costs are covered by the fees paid by sources. 

-> LOCAL GOVERNMENTS: Because there are no differences 

between the current rule and the revised version of these 

provisions being moved to Rule R307-405 and from Section 

R307-101-2, there is no change in costs for sources subject to 

the rule. 

·> OTHER PERSONS: Because there are no differences 

between the current rule and the revised version of these 

provisions being moved to Rule R307-405 and from Section 

R307 -1 01-2, there is no change in costs for sources subject to 

the rule. 

COMPLIANCE COSTS FOR AFFECTED PERSONS: Because there are 

no differences between the current rule and the revised 

version of these provisions being moved to Rule R307-405 

and from Section R307-101-2, there is no change in costs for 

sources subject to the rule. 

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE 

RULE MAY HAVE ON BUSINESSES: These clarifications may makEf / 

a very small difference in costs for businesses, as the. rule wi-'. '"\. 

be easier to understand and to use. Dianne R. Nielson.J 

Executive Director . · 

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURING REGULAR 

BUSINESS HOURS, AT: 

ENVIRONMENTAL QUALITY 

AIR QUALITY 

150 N 1950W 

SALT LAKE CITY UT 84116-3085, or 

at the Division of Administrative Rules. 

DIRECT QUESTIONS REGARDING THIS RULE TO: 

Jan Miller or Mat E. Carlile at the above address, by phone at 

801-536-4042 or 801-536-4136, by FAX at 801-536-4099 or 

801-536-0085, or by Internet E-mail at janmiller@utah .gov or 

MCARLILE@utah.gov 

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY 

SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NO LATER 

THAN 5:00PM on 01/17/2006 

INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING 

THIS RULE: 12114/2005 at 2:00PM, DEQ Bldg #2, 168 N 1950 

W, Room 201, Salt Lake City, UT. 

THIS RULE MAY BECOME EFFECTIVE ON: 0210212006 
NOTICES OF PROPOSED RULES 

CCr AUTHORIZED ov: M. Choryl Hey;ng, Planning Branch Managor 

R307. Environmental Quality, Air QuaUty. 

R307-410. Permits: Emissions Impact Analysis. 

R307-4l0-1. Purvosc. 

This rule establishes the procedures and requirements for 

evaluating the emissjons imoact of new or modified sources that 

require an aPJ!roval order under R307=401 to ensure that the source 

will not interfere with the attainment or maintenance of any NMOS 

as reauired by 40 CfR 51.160. The rule also establishes the 

orocedures and reauirements for evaluating the emissions impact of 

hazardous ajr oo!lutants. The rule also establishes the procedures for 

establishing an emission rate based on the good engineering practice 

stack. height as reauired by 40 CFR 51.118. 

RJOZ-410-l. Deftnidons. 

UL The following additional definitions apply to R307-41 0. 

"V erticaltv Restricted Emissions Release" means the release of 

an ajr contaminant through a Stack orogenjng whose flow is directed 

in a downward or horizontal direction due to the alignment of the 

opening or a physical obstruction placed bevond the ooening. or at a 

height wbjch is less than 1.3 times the height of an &diacent building 

or structure. as measured from mund level, 

"vertically Unrestricted Emissions Release" means the release 

of an air contaminant through a stack or OJ!Clling whose flow is 

directed uoward without any physical obstruction placed bevond the 

openimr. and at a height which js at least 1.3 times tbc height ofan 

adjacent building or structure· as measured from ground level. 

(2) Exceot as provided ip (3) below. the definitions of "stack". 

"stack in existence". "disgmion technjgue". "good engineering 

practice CGEPl stack height". "nearby". "excessive concentration". 

and "intermittent control system CICS)" in 40 CFR 51.\QQ(ffi 

through Ckk> and (nn) effective July I. 2005 are hereby incorporated 

by reference. 

OXal The tenns "reviewins authority" and "authoritv 

adrninisterins the State implementation plan" shall mean the 

executive secretarv. 

Cb) The reference to "40 CFR parts 51 and 52" in 40 CFR 

5 \.I ()()(ii)(2Xi> shall be changed to "R307 -40 I. R307 -403 and R307-

405". 

(c) The phrase "For sources subject to the prevention of 

significant deterioration program (40 CFR 51.166 and 52.2))" in40 

CFR 51. IOOCk.kl( I> shall be replaced wjtb the phrase "For sources 

subject to R307-401. R307·403. or R307-405".( 

''Qispersie11 Teeluti'ftit" Me&Rs aft~ teehRi4:1tte ''hi~h aMefftJ't& te 

alleet the eeReeRtfatieR efa pell~taRt iR the IH'flhieRt air l:ly: 

(I) YsiRg thlll pel'tieR ef a steak v·hieh e1teeeds geed 

eRgiReeFiRg praatiee staek heigltt; 

(l) \4t~•yit~g the rate ef eMissieR ef a pe!l~t&Rt aeeerlliRgte 

a1Rtes13heFie eeREiitieRS er llftlhieRI eeReeRtratieRs efthatpe!l~t&Rt; 

9f 

(1) IRereasiRg fiAal eJdt&IISI gas I'I~Me Fise l:ly M&Rip~letiRg 

sewee preeess pai'&I'Relel'!l, enhe~st gas paFilHielel'!l, steak 

paraMeleFS, er eeMhiRiRg eJth&ll!il gases &eM several e~tistiRg !ilaeks 

iRte eRe staek; er ether seleeli\•e h&Rdliftg efeJthaiiSt gas streaMs se 

as le iAere85e the eJth&ll&l gas fJ)IIMe rise. The teehRiEjlle& deseFillell 

iR this defiRitieR de RBI iRel~de: 

(~ The reheatiftg ef 8 gas StFeaM feJie\YiRg the ~Sa ef 8 

Jl81l~tieR eeRtrel ~ystelft, fer the p~fllese efrei~RiiAg the gas lethe 

P-11 

DAR File No. 28323 

leMperat~re at whieh it was erigiRally diseharged freM the faeilily 

geReratiAg the gas streaM; 

(h) The MergiRg ef e1tha~st gas streaMs where: 

(i) The se~ree B'•IRer er eperater deMeRslralesthatthe faeilily 

.,...as erigiRally EiesigRed aRd eeRstf\leted \\ith s~eh lftePged gas 

S4felllftSt 

(ii) Aller J~ly 8, 1985, s1:1ah lftlfgiRg is paft efa ehaRge iR 

eperalieR at the faeili~y that iRehttles the illstellatieR ef pell~:~tieR 

eeRtrels aRtl is aeeelftp&Ried lly a Ret RdttetieR iR the allewa&le 

eMissieRS ef a peJII:IIIlftl. This eJteltl!li&R MM the IJefiRitieR ef 

"dispiFsieR teehRi~tYes" shall BI'Ply aaly te the lllftissieR lilftit&ai&R 

fer the pelll:llaRt afteeted hy Mteh ehMge iR epeNtieR; er 

~iii) 8efepeJyJy 8, 198S, 9Yih1Rerstft8Was paR efa eh&Rge iR 

aperatieR at the faeility lhal iAelttlied the iRstellatieft eMiHieRs 

eeRtrel eEjl:liplfteRt er W85 e81'Fied ettt fer sei:IRtl eeeftelftie er 

eRgiReeriRg reaseRs. Wft81'8 lh81'8 ·»ea 8R iRerease iR the eMisaieR 

liMitatieR er, iR lhe e\'eRt tbal Re elftiaaieR lilftitati&R was iR 

e~tisteRee prier te the JMrgiRg, a iaepease ill the Eft18Rtity ef 

pelll:lt&Rts aet~:~ally eiRiMid pl'ier te the lftergiRg, the Air Q~:~ality 

8eaAI shallpresi:IIRe that IMfliRg was sigaifieanlly M&li'l&ted hy &R 

iRteRt te gaiR eMissieM eredit fer pealer di!lperaiea. AhseRt a 

demeRstfatieR lly the BBI:Iree ewfter er eperater that JMI'gillg w85 Ret 

sigRifiellftlly lftetivated hy st~eh iRteM, the Air Qttalily 8eanl shall 

deRy ereet fer the effeets ef Mteh mel'giag ill ealei:IIMiRg the 

allewahle elftissi&Rs fer the sei:II'Be; 

(e) SMeke M&RagelfteRt iR agrie~:~INMI er silvietdltlt'al 

preserihed lntfRiRg pregrams; 

(ill) ~pisedie fiStftetieR& eR residetltial weed hi:II'NRg &Rd epeR 

ht:tFRiRg; er 

(e) TeehRiEtYes tmder (e) whieh iRere85e fiaal eJth81:1St gas 

pl~lfte rise where the res11ltiRg alle·;tJ&hle eiRiaaieM efMtlfttr dieJtide 

frelft the fileility de Ret eJteeed 5,000 taM per year. 

"~uessive CeReeRtralieR" is defiRed fer the pi:!Fpese ef 

EleteflftiRiRg geed l!ftgiReeriRg pl'll8tiee !ilaek height l:lftder alteRI&ft%'e 

~e) ef the "Geed ~RgiReeriAg Pfaetiee (GBP) Steak Height" 

defiRitieR llfld M98RS: 

(I ) fer se~Fees seekiRg eredit fer ataek height eJteeetliRg that 

estalllishetl ttl\der alteRtati•:e ~) ef the "Geed ~RgiReeriftg Preetiee 

(G~P) Steak Height" defiRitieR, a maniiRtiM gpei:IRd le\ el 

eeReeRtf&tieR d11e te elftissieRs frem a staek fie iR whale er iR paft 

te dewR~Iash, wakes, &Rd eddy effeets pred1:1eetl hy Rea""y 

stfttel~res er Rea""y lefNiR feat1:1res whieh iREii·;id1:18lly is at least 49 

J!ereetlt iR eJteess efthe lflllltilftl:llft eeRel!fttratieR e~tperieReed iR the 

aeseRee ef stteh dewR\TJ&sh, wakes, er eddy effeets aRd whii!h 

eeRirilndes tea leta\ eeReeRtratieR we te llftissieRs lfelft all settFees 

that is grealeF thaR aR aMeieRI air Ejl:lality st&REiai'EI. Fer settrees 

st:thjeet te the pPe'•'l!ftlieR ef sigaifiellftl detel'ieratieR pregralft iR 

R397 19S, aR e11eessive eeReeRtratietl altefftali'lely MeaRs a 

MaltilftiiM grettRd 18\·el eeReeatratieR we te llftissieM freM a steel1 

dt~e iR whale er iR piiA te deviflwash, wa1Eea1 er eddy elleets 

!Jrelil:leed 9y Re&Aiy slf\letl:lres er Real'tly tefNiR featl:lfe!l ,., hieh 

iRtli•;idl:lally is at le85t 49 p1FeeRt iR eJteess ef the RlaxiMI:IIR 

eeReeRtratieR e~tpeFieReed iR the ahseRee efSI:Ieh deVJfl';'tJ&sh. wakes, 

er ellily effeets aRd gre&aer llt&R a pA!'YeRtieA ef sipifieaRt 

deterieratie11 iReFelfteRt. The allewahle eMissiell rate te he ~sed ill 

MakiRg EieMeRstratieMI:IRder ~97 419 S shall he preaerihee lly the 

state appre 'lal efder er the federal """'' sel:lfee perfeflftllflee staRdard 

that is applieahle te the se1:1Fee aatege.,, whiehe•;lf is Riera 

stfiRgeRI, IIRiess the e\'lfter er eperater ElelfteR&treles that this 

elftissieR rate is iRfeasihle. Where s11eh tlett~aRslratieRsare &IJJ!f8'>'eEI 

ey the hJteetttive Seeret&f)', &R elteRtati'. e elftissieR rate shall he 

Ur.mSTATE BULLETIN, December I, 2005, Vol. 2005, No. 23 
DAR File No. 28323 

esteelishell ift eeRsYIIatieR with the sa~tree ewfter er eperater. The 

eiiBWIIS)e eFRiSSi9A F&te te ee ~tsell ifl I'RttltiRg do!FR9RStFBti9ft9 YFttier 

RJQ7 41 Q S fur se~trees fur whieh ft9 fetleral ftew seYFee 

peri:aFFRaRee steRIIard er state appre,·al eraer has !leeR iss~ted shall 

ee estelishell ~the ~Meeyti\e Seeret&ry iR eeR!IYII&tieR with the 

seltfee ewfter er eperater. 

~2} fur se~trees seekiAg eretlit after Oeteher II, 198~. fur 

iRereases iR eMistiRg staek heights up te the heights estahlishetl 

~tAller alteFRBtive f\J) efthe "Geetl ERgiReeFiRg PMetiee (GEP) Sleek 

Heig)lt" defiRitieR eithlf, 

(a) a FRMiFRIHB grettRd le,•el eeReeRtratieR dYe ill whale er 

p&R te deWMvash, wakes er ell~!>; aiieets as previtlell ill alteFRative 

(a) ef the defiAitieR ef "~MeessiYe CeReetUrtiieR", eneept that the 

eFRissieR rMe speeifiell ey IHIY applieahle State iFRpleMeRtatieR piiHI 

(er, iR the eseRee efsyeh a limit, the aehtal eRlissieR rete) shall ee 

~ 

('e) the aeftlal preset~ee ef a leeal RttisiHiee eaysetl lly the 

eMistiRg staek, as tletePMift811 ~ the attther\ty adfftiRister\Rg the State 

iFRplemeRtatieR plan. 

(~) fer SIIYFIIIS seekiRg erellit &ftlf liHIYBfY 12, 198a, fer a 

staek lteigltt deterMiAeli YAtler alteFRatiu (h) ef the "Geed 

M.gifteer\Rg Pr-ee (GBP) Staek Heigltt" defiRitieR ·fflleN the 

eM881tthe Seeretary NEllfires the YSe ef a field stltd>; er Attill FR&del 

te •teFify ~ staek height, fer seyrees seekiRg staek height e~edit 

after NeveFReer 9, 1984, hasetl eft the aereilyA8fftie iAAttllftle ef 

eeeliftg te..-. ers, BBd fer seYPSes seeltiRg staek height e~etlit after 

DeeeFRller 31, 1979, \!lased eR the aeredyRBMie iRAttllftee ef 

stNeNFes Ret adeEt~tately represeRted l!ly the eEjw.QeR& iR alterRative 

(e) ef the "Geell ~AgiReeriftg Pfaetiee (G~P) Staek Height" 

defiRitieR, a MIHiiFRYM greYRd le ... el eeReeRtretieR tltte iA whale er 

iA part te lle;vwnash, waltes, er edtly effeets that is at least 49 

pereeRI iR eneess ef the MMiFRIIM eeFteeRtretieR eMper\eReed ill the 

a'eseRee ef stteh dewfti.vash, wakes, er eddy effeets. 

"Geed eRgiReeriRg Pfaetiee (G~P) Staek Height" RliiiRS the 

greater ef! 

(I) 8i11ty five (fiS) meters, FReasttrell fFeM the greltftd le'lel 

ele•.•atieR at the ease ef the staek1 

(2) Whete i\ geell eRgiReeriRg praetiee sleek height 

measttred freM the peltlld le•Jel ele't'atieR at the l!Jase ef the staek1 

H height ef Rear'lly stfllelYre(s) FReast:trell fi=eM the greltftd le·,.el 

elevatieR at the ease ef the staek; L lesser diFRensieR (height er 

prejeeted with~ ef Rear'lly stflletttre(s), a11d previded that the 

eJteet:tH·"e Seeretary May fiE!ttire the ttse af a fteltl stttdy er flttid 

FR&del te ¥efify GEP slaek height fur the settree: 

(a) fer staelts iR enisteRee eR laAttery 12, 1979, aRd fer wltieh 

the ewRer er eperater had ehtai11ed all FeEjYired air t~ttality peFFRits er 

appre~·als, H1 2.3L previoied the ewRer er eperater predt:tees 

e' ideFtee that tltis etjttltfieR was eetttally relied aft iR estahlishiRg lift 

eMissieR limitatieR; 

(h) feralletkerst11eltS, H1 H+UL; er 

(3) The lteight deMe11strated hy a Attid FRede I er a ftelll stttdy 

eppre ;ed h) the E11eettti'+'e seeretery, whieh ettsttres tkat tke 

emissieRs fteM the staek de 11et rest:tlt iR e11eessh e eeReeRifatieRs ef 

air eeHtamiRiftts as a rewlt ef alfftespheFie de'\VHWash, wakes, er 

eddy effeets ereated ey the settree itself. ftearhy slrlletttres er Rea~ 

terraiR featllres. 

"~lear'lly" as ttsed ifl stthpaff (e) ef the deftRitieR "Geed 

eRgiReeFiRg PfBetiee (GBP) Staell Height" is deft&ell fer 8 speeifte 

slrlletttre er terraiR featltfl 111111 

(I) fer the pttrpese ef epplyi11g the feRRttllle pre"Yided iR 

SYhpaff (11) ef the deftAitieft "Geed eRgiFteeriflg Praetiee (GEP) 

Ur.mSTATEBut.LETIN, December I, 2005. Vol. :!005, No. 23 

NOTICES OF PROPOSED RULES 

Staek Height", MeaRs tltat distaftee ttl' te ftve tiFRes the lesser efthe r 

lteight er the width tiif'Reflsieft ef a strt:tetttre. 9t:tt Ael te l!Je gFeate( 

lh&R 1/2 MiJ.e,;md ·. ~ 

(2) 481' ~eliRg BeFRBRStratiefiS USiRg S~lhfl&A (e) ef ti......, 

deftRitieR "Geed eRgitteeriRg Preetiee (GeP) Staeh H~tight". FR88RS 

Ret greater thBR 1/2 Mile, e11eept that the peffieR efterraiR featttre 

FRB)' l!Je BBRSidered le ee R98rB)' whish falls withift 8 dist&RBI efttp 

le I Q tif'Res the MB!I:iffttlft\ height ef\he fealYre, 1'181 te elleeed a Miles 

ifsll8h a feaktre aehieYese. height I /2 f'Rile l'reFR the staek that is at 

least 49 pereeRtefthe G~P staek height deteFFRiRed l!Jy the feFFRttlae 

previtied iR Slthpart (IJ)(ii) ef the deftRitieR "Geeti eRgiHeertRg 

Praetiee (GeP) Staelt Height" efthis part er a' Meters, %o'Riehe~·er is 

greater, as measwed freM tlte grettRd level ele·,.atieR at the !lase ef 

the steelE. The height ef the slNetltfl er tefF8iR feat11re is Meas~tretl 

fFefft the greltftd leYel el&\'&tiaR at the hase freM the staek. 

"Staek ill elli&teaee" FReBRS that the 9\'iRIF er epeteter hall 

(I) l!legltR, er 981t9ell Ia eegiR, 8 ee&tiRIIIIYS f1F9gf8M ef 

ph) sisal eft site eeRslflletieR ef the steak, er 

(2) eRtered iftte eiftdiBg BgteeFReRt& er eeRtreelllaleeJigatieRS, 

whieh ee~tltl Ret he eaneeled er f'Rediiied withe\lt slt'estaRtiallese te 

the ewMr er epertier, te ltftdertalte a pre gratH efeeR&INetiea efthe 

staek te 'lie eeFRpleted iR a reaseRaele tiMe.] 

R307-410-(~)~. Use of Diapenlon Models. 

All estimates of ambient concentrations derived in meeting the 

requirements of R307 shall be based on appropriate air quality 

models, data bases, and other requirements speci tied in 40 CFR Part 

51, Appendix W, (Guideline on Air Quality Models), effective July 

\. 2005, which js hereby inco!pOrated by reference. Where an air 

quality model specified in the Guideline on Air Quality Models or 

other EPA approved guidance documents is inappropriate, the 

[:Skxecutive [S]§ecretary may authorize the modification of the. 

model or substitution of another model. In meeting the requirement'J. . 

of federal law, any modification or substitution will be made onl 

with the written approval of the Administrator, EPA. 

R307-410-(.J]~. Modeling of Criteria Pollutant Impacts In 

Attainment Areas. 

Prior to receiving an approval order under R307-401, a new 

source in an attainment area with a total controlled emission rate per 

pollutant greater than or equal to amounts specified in Table I, or a 

modification to an existing source located in an attainment area 

which increases the total controlled emission rate per pollutant of the 

source in an amount greater than or equal to those speci tied in Table 

I, shall conduct air quality modeling, as identitied in R30741 0-[~JJ.. 

to estimate the impact of the new or modified source on air quality 

unless previously performed air quality modeling for the wurce 

indicates that the addition of the proposed emissions increase would 

not violate a National Ambient Air Quality Standard[-eF-& 

Pi"BYeRtieR ef8igRifieBRt DelerieratieR iReFeFRBRt]. as determined by 

the Executive Secretary. 

POLLUTANT 

sulfur dioxide 

oxides of nitJ'09en 

PM10 - fugitive eowissions 

and fugi t lve dust 

PMlO - non-fugitive emissions 

or non-fugitive dust 

carbon monoxide 

Pe~~ i PI!~ w"~ep Ri191 qg§ 6 (2)] 

lead 

TABLE 1 

EMISSIONS 

40 tons per year 

40 tons per year 

5 tons per year 

15 tons per year 

)00 tons ocr xcar[M 

0.6 tons per year 
NOTICES OF PROPOSED RULES (;;., 

. ......, R307-410-I4J~. Documentation of .-\mbient Air Impacts for 

Hazardous Air Pollutants. 

r~r.,, ·...; 

(I) Prior to receiving an approval order under R307-401, a 

source shall provide documentation of increases in emissions of 

hazardous air pollutants as required under (c) below for all 

installations not exempt under (a) below. 

(a) Exempted Installations. 

(i) The requirements of R307-410-[4)l do not apply to 

installations which are subject to or are scheduled to be subject to an 

emission standard promulgated under 42 U.S.C. 7412 at the time a 

notice of intent is submitted, except as defined in (ii) below. This 

exemption does not affect requirements otherwise applicable to the 

source, including requirements under R307-401. 

(ii) The executive secretary may, upon making a written 

detennination that the delay in the implementation of an emission 

standard under RJ0?-214-2. that jncomorates 40 CFR Part 63 might 

reasonably be expected to pose an unacceptable risk to public health, 

require, on a case-by-case basis, notice of intent documentation of 

emissions consistent with (c) below. 

(A) The executive secretary [s~MM~billl notify the source in 

writing of the preliminary decision to require some or all of the 

documentation as listed in (c) below. 

(B) The source may respond in writing within thirty days of 

receipt of the notice, or such longer period as the executive secretary 

approves. 

(C) In making a final determination, the executive secretary 

[shalllwill document objective bases for the determination, which 

may include public information and studies, documented public 

comment, the applicant's written response, the physical and chemical 

properties of emissions, and ambient monitoring data. 

(b) lead Compounds Exemption. The requirements ofRJ0?-

410-[4~ do not apply to emissions of lead compounds. Lead 

compounds shall be evaluated pursuant to requirements of R307-

410-[~M-

(c) Submittal Requirements. 

(i) Each applicant's notice of intent shall include: 

(A) the estimated maximum pounds per hour emission rate 

increase from each affected installation, 

(B) the type of release, whether the release flow is vertically 

restricted or unrestricted, the maximum release duration in minutes 

per hour, the release height measured from the ground, the height of 

any adjacent building or stmcture, the shortest distance between the 

release point and any area defined as "ambient air" under 40 CFR 

50.l(e), effective July I, 2005, which is hereby incoroorated by 

reference for each installation for which the source proposes :m 

.:missions increase. 

(C) the emission threshold value, calculated to be the 

applicable threshold limit value - time weighted average (Tl VTW A) or the threshold limit value- ceiling (Tl V -C) multiplied by 

the appropriate emission threshold factor listed in Table 2, except in 

the case of arsenic, benzene, beryllium, and ethylene oxide which 

shall be calculated using chronic emission threshold factors, and 

formaldehyde, which shall be calculated using an acute emission 

threshold factor. For acute hazardous air pollutant releases having a 

duration period less than one hour, this maximum pounds per hour 

emission rate shall be consistent with an identical operating process 

having a continuous release for a one-hour period. 

D.-\R File No. 28323 

TABLE 2 

EMISSION THRESHOLD FACTORS FOR HAZARDOUS AIR POLLUTANTS 

(cubic meter pounds per m11l1gra111 hour) 

VERTICALLY-RESTRICTED AND FUGITIVE EMISSION RELEASE POINTS 

DISTANCE TO 

PROPERTY BOUNDARY ACUTE CHRONIC 

20 Meters or 1 ess 0.038 0.051 

Z I - 50 Meters 0.051 0.066 

51 - 100 Meters 0.092 0.123 

Beyond 100 Meters 0.180 0.269 

VERTICALLY-UNRESTRICTED EMISSION RELEASE POINTS 

DISTANCE TO 

PROPERTY BOUNDARY 

50 Meters or less 

51 - 100 Meters 

Beyond 100 Meters 

ACUTE 

0.154 

D.224 

0.310 

CHRONIC 

0.198 

0.244 

0.368 

CARCINOGENIC 

0.017 

0.022 

0.041 

0.090 

CARCINOGENIC 

0.066 

0.081 

0.123 

(ii) A source with a proposed maximum pounds per hour 

emissions increase equal to or greater than the emissions threshold 

value shall include documentation of a comparison of the estimated 

ambient concentration of the proposed emissions with the applicable 

toxic screening level specified in (d) below. 

(iii) A source with an estimated ambient concentration equal to 

or greater than the toxic screening level shall provide additional 

documentation regarding the impact of the proposed emissions. The 

executive secretary may require such documentation to include, but 

not be limited to: 

(A) a description of symptoms and adverse health effects that 

can be caused by the hazardous air pollutant, 

(B) the exposure conditions or dose that is sufficient to cause 

the adverse health effects, 

(C) a description of the human population or other biological 

species which could be exposed to the estimated concentration, 

(D) an evaluation of land use for the impacted areas, 

(E) the environmental fate and persistency. 

(d) Toxic Screening Levels and Averaging Periods. 

(i) The toxic screening level for an acute hazardous air 

pollutant is 1/IOth the value of the TLV-C, and the applicable 

averaging period shall be: 

(A) one hour for emissions releases having a duration period of 

one hour or greater, 

(B) one hour for emission releases having a duration period 

less than one hour if the emission rate used m the model is consistent 

with an identical operating process having a continuous release for a 

one-hour period or more, or 

(C) the dispersion model's shortest averaging period when 

using an applicable model capable of estimating ambient 

concentrations for periods of less than one hour. 

(ii) The toxic screening level for a chronic hazardous air 

pollutant is I/ 30th the value of the Tl V- TWA. and the applicable 

averaging period shall be 24 hours. 

(iii) The toxic screening level for all carcinogenic hazardous 

air pollutants is 1/90 the value of the TL V-TWA. and the applicable 

averaging period shall be 24 hours, except in the case of 

formaldehyde which shall be evaluated consistent with (d)(i) above 

and arsenic, benzene, beryllium, and ethylene oxide which shall be 

evaluated consistent with (d)(ii) above. 

UT.m STATE BULLETI.V, December I, 2005, Vol. 2005, No. 23 
DAR File No. 28324 

R307-410-(5J~. Stack Heights and Dispersion Techniques. 

(I) The degree of emission limitation required of any source 

for control of any air contaminant to include determinations made 

under R307-401, R307-403 and R307-405, must not be affected by 

so much of any source's stack height that ellceeds good engineering 

practice or by any other dispersion technique ellcept as provided in 

(2) below. This does not restrict, in any manner, the actual stack 

height of any source. 

(2) The provisions in R307-410-[~]2 shall not apply to: 

(a) stack heights in ellistence, or dispersion techniques 

implemented on or before December 31, 1970, except where 

pollutants are being emitted from such stacks or using such 

dispersion techniques by sources which were constructed or 

reconstructed, or for which major modifications were carried out 

after December 31 , 1970; or 

(b) coal-fired steam electric generating units subject to the 

provisions of Section 118 of the Clean Air Act, which commenced 

operation before July 1, 1957, and whose stacks were constructed 

under a construction contract awarded before February 8, 1974. 

(3) The (e:kxecutive [Sl.iecretary may require the source 

owner or operator to provide a demonstration that the source stack 

height meets good engineering practice as required by R307 -410-

~~~. 

KEY: air pollution, modeling, hazardous air pollutant(-*], stack 

height(-*) 

(Septemher 151 1998)2006 

Notice of Continuation August 11, 2003 

19-l-104 

·---------------· 

Environmental Quality, Air Quality 

R307-413 

Exemptions and Special 

Provisions 

PURPOSE OF THE RULE OR REAS 

purpose ofthe change is to move p 

413 into the new text for Rule R 7 to clarify that these 

exemptions apply only to the r uiremen 

and not to other permitting es, and to re ve exemptions 

that provide no benefit t the environment the public. 

Changes to the exempli s that are moved to Rule 307-401 

are addressed in the ule Analysis for Rule R307-4 (see 

separate filings on tion R307 -11 0-9, Rule R307 -325, Rule 

R307-405, Rule 07-410, and Rule R307-401 in this issue). 

(DAR NOTE· The amendment to Section R307-110-9 is 

under DAR No. 28320; the amendment to Rule R307-325 is 

under DAR No. 28321; the repeal and reenactment on Rule 

R307-405 is under DAR No. 28322; the amendment to Rule 

R307-410 is under DAR No. 28323; and the repeal and 

UTA/I STATE BULLETIN, December I, 2005, Vol. 2005, No. 23 

NOTICES OF PROPOSED RuLES 

re nactment on Rule R307-401 is under DAR No. 28325 in 

thi ·ssue.) ( · · 

SUMMA OF THE RULE OR CHANGE: The portions of Rule 30·J 

413 that n ed to be retained are relocated to Section R307-

401-9 throu R307-401-12, and R307-401-14 thro R307-

401-16. The provisions are moved in order to c rify that 

these exempli s and special provisions apply ly to the 

requirements of ule R307-401. Changes to the emptions 

that are moved t Rule R307-401 are address in the Rule 

Analysis for Rule 07-401 and not to other R3 7 permitting 

rules. The followi is deleted and not m ved: 1 ) the 

flexibility provisions at were located in Secti n R307 -413-3 

have been deleted b use the rule has prov· ed little benefit 

and is routinely misin reted. The underl mg goals of this 

exemption are being me through other me hanisms such as 

flexible permit conditions nd the exempti in Section R307-

401-12 for sources tha reduce air missions; and 2) 

exemptions that were form y located in ection R307 -413-4 

that apply to parking lots and missions various nonreactive 

volatile organic compounds h ve been eleted because they 

are no longer meeting the in nded urpose. The rule is 

repealed in its entirety. 

STATE STATUTORY OR CONSTITUTIO 

RULE: Subsection 19-2-104(3)(q) 

ANTICIPATED COST OR SAVINGS TO: 

(• THE STATE BUDGET: There is e 

because all costs for permitting re c 

the sources. 

+ LOCAL GOVERNMENTS: For local go rnments that own. . 

sources that may be subject Rule R30 01, where somr ... 

provisions of Rule R307-4 3 will be r ated, no coJ 

increases are expected as a esult of these c anges. Overa · 

the changes may result some saving for individual 

sources, but it is not possi le to quantify spec c savings for 

future applicants. No sign· cant increases in a1 pollution are 

expected, as the change that expand the exe tions apply 

to emission decreases o very small increases. 

•:• OTHER PERSONS: F r sources and person that own 

sources that may be su ject to Rule R307-401, w re some 

provisions of Rule R 07-413 will be relocated, no cost 

increases are expecte as a result of these changes. era II, 

the changes may r ult in some savings for in ividual 

sources, but it is not ssible to quantify specific savi gs for 

future applicants. N significant increases in air poll uti n are 

expected, as the ch ges that expand the exemptions . pply 

to emission decrea s or very small increases. · 

COMPLIANCE COSTS OR AFFECTED PERSONS: For persons that 

own sources that ay be subject to Rule R307 -401, where 

some provisions Rule R307 -413 will be relocated, no cost 

increases are exp cted as a result of these changes. Overall, 

the changes ma result in some savings for individual 

sources, but it is t possible to quantify specific savings for 

future applicants. No significant increases in air pollution are 

expected, as the changes that expand the exemptions apply 

to emission decreases or very small increases. 
Hearing 
Newspaper Agency t;orporation --onnn-- iJ1r iaH taktatribuat Morning News 

4770 s. 5600 w. 

P.O.BOX 704005 

WEST VALLEY CITY, UTAH 84170 PROOF OF PUBLICATION 

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OT ST DEPT OF ENV QUALITY 

DIVISION OF AIR QUALITY 

PO BOX 144820 

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U5364000L-07 

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AFFIDAVIT OF PUBLICATION 

11/25/05 

AS NEWSPAPER AGENCY CORPORATION LEGAL BOOKKEEPER, I CERTIFY THAT THE ATTACHED 

ADVERTISEMENT OF NOTICE OF PUBLIC HEARING REFOR FOR 

UT ST DEPT OF ENV QUALITY WAS PUBLISHED BY THE NEWSPAPER AGENCY 

CORPORATION, AGENT FOR THE SALT LAKE TRIBUNE AND DESERET NEWS,DAILY NEWSPAPERS 

PRINTED IN THE ENGLISH LANGUAGE WITH GENERAL CIRCULATION IN UTAH,AND PUBLISHED 

IN SALT LAKE CITY, SALT LAKE COUNTY IN THE STATE OF UTAH. 

PUBLISHED D~ _ST¥T 11/25/05 END 11/25/05 

\ ,\ ···.~:\ 1' L'L'l.· an\ I. , ... --- -~~ ..... . ,--J .~ .. ··=- ...... , ___ , · •·· · SIGNATURE . ,_:\ll.!.t (, ~ tf&D ~ ~ r""P"-"--~ .';G~<uy :='!..!t:::c 

DATE 11L2SLOS 1:~~~) ~~}ti~(~~~i.~,: THIS IS NOT A STATEMENT BUT A "PROOF OF PUBLICATION" 

PLEASE PAY FROM BILLING STATEMENT. 
STATE OF UTAH 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

AIR QUALITY BOARD 

PUBLIC HEARING 

AMEND 

R307-101-2, R307-110-9 and the State Implementation 

Plan (SIP) for Prevention of Significant Deterioration 

(PSD), R307-325, and R307-410 

REPEAL AND RE-ENACT 

R307 -401 and R307 -405 

REPEAL 

R307-413 

Wednesday December 14,2005 

2:00 PM 

DAQRoom201 

168 N 1950 West 

Salt Lake City 

, HEARING OFFICER 
This hearing by the Air Quality Board will come to order. My name is Jan Miller and I am one 

of the Rules Coordinators for the Division of Air Quality. I want to welcome you to this hearing to 

New Source Review reform rules. 

Division of Air Quality staff members present are Colleen Delaney, environmental scientist; 

' ~ 

i ty Board proposes to revise R307 -101-2, R307 -110-9 and the state 

implementation plan (SIP) for Prevention of Significant Deterioration (PSD), R307-325, and 

R307-410. In addition the Board proposes to repeal and re-enact R307-401 and R307-405. 

Finally, the Board proposes to repeal R307-413. These changes implement the provisions of the 

federal New Source Review rules (NSR), except those provisions stayed or vacated by federal 

court action. In addition, the Utah new source review rules are amended or re-written to improve 

clarity and to ensure that all provisions are located appropriately for ease of use. 

In other states, there have been concerns that these new federal rules will allow older 

(' uncontrolled (grandfathered) sources to continue to operate without installing pollution controls. 

However, Utah has very few grandfathered sources. Further, emissions in urban areas have been 

controlled through state implementation plans to meet the federal health standards for ozone, 

PMlO, carbon monoxide and sulfur dioxide; therefore, the effect of the revised NSR program on 

those sources will be minimal. Finally, Utah rules require that all sources, including those not 

subject to the federal PSD program, meet best available control technology standards, so that any 

relaxation due to the federal program changes will not increase air pollution. 

Please sign the roster at the door. If you wish to make a comment, please fill out a form 

and bring it to me. 

We welcome written comments. You may mail them to DAQ, or send an E-mail to 

janmiller@utah.gov or mcarlile@utah.gov. The comment period will close at 5 PM on January 

17, 2006--we will accept comments postmarked on that date. 

Now we are ready for your comments. We will stay until everyone has a chance to speak. 
,...., rr 

UTAH 

AIR QUALITY BOARD 

Public Hearing Roster 

HEARING DATE J), -1"1. -0.5 PLACE t1J6Q KL?~nL, J..o I 

SUBJECI' 

NAME AFFD...IA TION 

PHONE and 

EMAll.. ADDRESS 
• Change In 

Proposed Rule 
DAR File No. 28325 

Environmental Quality, Air Quality 

R307-401 

Permit: New and Modified Sources 

NOTICE OF CHANGE IN PROPOSED RULE 

DAR File No.: 28325 

Filed: 03/09/2006, 10:58 

RULE ANALYSIS 

PURPOSE OF THE RULE OR REASON FOR THE CHANGE: The 

purpose of this amendment is to make changes in response to 

public comments. 

SUMMARY OF THE RULE OR CHANGE: The following changes are 

made in response to public comments: 1) cross references 

within Subsections R307-401-15(1)(b), R307-401-16(2), 

R307-401-9(4), and Section R307-401-17 are corrected; 2) in 

Subsection R307-401-14(3), "his representative" is changed 

to "executive secretary's representative"; 3) in Sections R307-

401-1 and R307-401-4, replaces "source" and "sources" with 

"installation" and "installations" to be consistent with the Utah 

Air Conservation Act (Title 19, Chapter 2, of the Utah Code) 

and to ensure no change in the applicability provision of Rule 

R307-401; 4) replaces "a source" in Section R307-401-1 with 

"owner or operator"; and 5) in Subsection R307-401-5(1), 

replaces "the owner or operator of any stationary source" with 

"any person" to ensure consistency with the Utah Air 

Conservation Act and to ensure no change in the applicability 

provisions. (DAR NOTE: This change in proposed rule has 

been filed to make additional changes to a proposed repeal 

and reenactment that was published in the December 1, 2005, 

issue of the Utah State Bulletin, on page 14. Underlining in 

the rule below indicates text that has been added since the 

publication of the proposed rule mentioned above; strike-out 

indicates text that has been deleted. You must view the 

change in proposed rule and the proposed repeal and 

reenactment together to understand all of the changes that will 

be enforceable should the agency make this rule effective.) 

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS 

RULE: Subsection 19-2-104(3)(q) and Section 19-2-108 

ANTICIPATED COST OR SAVINGS TO: 

•!• THE STATE BUDGET: The changes correct the original 

proposal but make no change in costs to the state budget. 

•!• LOCAL GOVERNMENTS: The changes correct the original 

proposal but make no change in costs to local government 

budgets. 

•!• OTHER PERSONS: The changes correct the original proposal 

but make no change in costs to other persons. 

COMPLIANCE COSTS FOR AFFECTED PERSONS: The changes 

correct the original proposal but make no change in costs to 

affected persons. 

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE 

RULE MAY HAVE ON BUSINESSES: These changes correct the 

original proposal and have no fiscal impact on businesses. 

Dianne R. Nielson, Executive Director 

UTAH STATE BULLETIN, April!, 2006, Vol. 2006, No.7 

NOTICES OF CHANGES IN PROPOSED RULES 

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURING REGULAR 

BUSINESS HOURS, AT: . 

ENVIRONMENTAL QUALITY 

AIR QUALITY 

150 N 1950W 

SALT LAKE CITY UT 84116-3085, or 

at the Division of Administrative Rules. 

DIRECT QUESTIONS REGARDING THIS RULE TO: 

Jan Miller at the above address, by phone at 801-536-4042, 

by FAX at 801-536-0085, or by Internet E-mail at 

janmiller@utah.gov 

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY 

SUBMITIING WRITIEN COMMENTS TO THE ADDRESS ABOVE NO LATER 

THAN 5:00 PM on 05/02/2006. 

THIS RULE MAY BECOME EFFECTIVE ON: 05/04/2006 

AUTHORIZED BY: M. Cheryl Heying, Planning Branch Manager 

R307. Environmental Quality, Air Quality. 

R307-401. Permit: New and Modified Sources. 

R307-401-1. Purpose. 

This rule establishes the application and permitting 

requirements for new [setlfeeS]installations and modifications to 

existing [setlfeeS]installations throughout the State of Utah. 

Additional permitting requirements apply to larger [sel:lfees er 

setlfeeS]installations or installations located in nonattainment or 

maintenance areas. These additional requirements can be found in 

R307-403, R307-405, R307-406, R307-420, and R307-42l. 

Modeling requirements in R307-410 may also apply. Each of the 

permitting rules establishes independent requirements, and [a 

settFee]the owner or operator must comply with all of the 

requirements that apply to the [settFee]installation. Exemptions 

under R307-401 do not affect applicability of the other permitting 

rules. 

R307-401-2. Definitions. 

(I) The following additional definitions apply to R307-401. 

"Actual emissions" (a) means the actual rate of emissions of an 

air contaminant from an emissions unit, as determined in accordance 

with paragraphs (b) through (d) below. 

(b) In general, actual emissions as of a particular date shall 

equal the average rate, in tons per year, at which the unit actually 

emitted the air contaminant during a consecutive 24-month period 

which precedes the particular date and which is representative of 

normal source operation. The executive secretary shall allow the use 

of a different time period upon a determination that it is more 

representative of normal source operation. Actual emissions shall be 

calculated using the unit's actual operating hours, production rates, 

and types of materials processed, stored, or com busted during the 

selected time period. 

(c) The executive secretary may presume that source-specific 

allowable emissions for the unit are equivalent to the actual 

emissions of the unit. 

(d) For any emissions unit that has not begun normal 

operations on the particular date, actual emissions shall equal the 

potential to emit of the unit on that date. 

)? 

c>-\ 
'·:« .. (~ 

NOTICES OF CHANGES IN PROPOSED RULES 

"Best available control technology" means an em1ss1ons 

limitation (including a visible emissions standard) based on the 

maximum degree of reduction for each air contaminant which would 

be emitted from any proposed stationary source or modification 

which the executive secretary, on a case-by-case basis, taking into 

account energy, environmental, and economic impacts and other 

costs, determines is achievable for such source or modification 

through application of production processes or available methods, 

systems, and techniques, including fuel cleaning or treatment or 

innovative fuel ( eemeiBatieft]Combustion techniques for Control of 

such pollutant. In no event shall application ofbest available control 

technology result in emissions of any pollutant which would exceed 

the emissions allowed by any applicable standard under 40 CFR 

parts 60 and 61. If the executive secretary determines that 

technological or economic limitations on the application of 

measurement methodology to a particular emissions unit would 

make the imposition of an emissions standard infeasible, a design, 

equipment, work practice, operational standard or combination 

thereof, may be prescribed instead to satisfy the requirement for the 

application of best available control technology. Such standard 

shall, to the degree possible, set forth the emissions reduction 

achievable by implementation of such design, equipment, work 

practice or operation, and shall provide for compliance by means 

which achieve equivalent results. 

"Building, structure, facility, or installation" means all of the 

pollutant-emitting activities which belong to the same industrial 

grouping, are located on one or more contiguous or adjacent 

properties, and are under the control of the same person (or persons 

under common control) except the activities of any vessel. Pollutantemitting activities shall be considered as part of the same industrial 

grouping if they belong to the same Major Group (i.e., which have 

the same two-digit code} as described in the Standard Industrial 

Classification Manual, 1972, as amended by the 1977 Supplement 

(U.S. Government Printing Office stock numbers 4101-0066 and 

003-005-00176-0, respectively). 

"Construction" means any physical change or change in the 

method of operation (including fabrication, erection, installation, 

demolition, or modification of an emissions unit) that would result in 

a change in emissions. 

"Emissions unit" means any part of a stationary source that 

emits or would have the potential to emit any air contaminant. 

"Fugitive emissions" means those emissions which could not 

reasonably pass through a stack, chimney, vent, or other functionally 

equivalent opening. 

"Indirect source" means a building, structure, facility or 

installation which attracts or may attract mobile source activity that 

results in emission of a pollutant for which there is a national 

standard. 

"Potential to emit" means the maximum capacity of a stationary 

source to emit [-]an air contaminant under its physical and 

operational design. Any physical or operational limitation on the 

capacity of the source to emit a pollutant, including air pollution 

control equipment and restrictions on hours of operation or on the 

type or amount of material com busted, stored, or processed, shall be 

treated as part of its design if the limitation or the effect it would 

have on emissions is enforceable. Secondary emissions do not count 

in determining the potential to emit of a stationary source. 

"Secondary emissions" means emissions which occur as a 

result of the construction or operation of a major stationary source or 

major modification, but do not come from the major stationary 

26 

DAR File No. 28325 

source or major modification itself. Secondary emissions include 

emissions from any offsite support facility which would not be 

constructed or increase its emissions except as a result of the 

construction or operation of the major stationary source or major 

modification. Secondary emissions do not include any emissions 

which come directly from a mobile source, such as emissions from 

the tailpipe of a motor vehicle, from a train, or from a vessel. 

"Stationary source" means any building, structure, facility, or 

installation which emits or may emit an air contaminant. 

R307-401-3. Applicability. 

(1) R307-401 applies to any person intending to: 

(a) construct a new installation which will or might reasonably 

be expected to become a source or an indirect source of air pollution, 

or 

(b) make modifications or relocate an existing installation 

which will or might reasonably be expected to increase the amount 

or change the effect of, or the character of, air contaminants 

discharged, so that such installation may be expected to become a 

source or indirect source of air pollution, or 

(c) install a control apparatus or other equipment intended to 

control emissions of air contaminants[ ffem & st&tieBIIfY sel:lfee]. 

(2) R307-403, R307-405 and R307-406 may establish 

additional permitting requirements for new or modified sources. 

(a) Exemptions contained in R307-401 do not affect 

applicability or other requirements under R307-403, R307-405 or 

R307-406. 

(b) Exemptions contained in R307-403, R307-405 or R307-

406 do not affect applicability or other requirements under R307-

401, unless specifically authorized in this rule. 

R307-401-4. General Requirements. 

The general requirements in (I) through (3) below apply to all 

new and modified [setWeeS]installations, including 

[ setWeeS ]installations that are exempt from the requirement to obtain 

an approval order. 

(I) Any control apparatus installed on [!Hietlfee]an installation 

shall be adequately and properly maintained. 

(2) If the executive secretary determines that an exempted 

[liffilfee]installation is not meeting an approval order or State 

Implementation Plan limitation, is creating an adverse impact to the 

environment, or would be injurious to human health or welfare, then 

the executive secretary may require the [ liffilfee ]owner or operator to 

submit a notice of intent and obtain an approval order in accordance 

with R307-401-5 through R307-401-8. The executive secretary will 

complete an appropriate analysis and evaluation in consultation with 

the [settFee-]owner or operator before determining that an approval 

order is required. 

(3} Low Oxides of Nitrogen Burner Technology. 

(a) Except as provided in (b) below, whenever existing fuel 

combustion burners are replaced, the owner or operator shall install 

low oxides of nitrogen burners or equivalent oxides of nitrogen 

controls, as determined by the executive secretary, unless such 

equipment is not physically practical or cost effective. The owner or 

operator shall submit a demonstration that the equipment is not 

physically practical or cost effective to the executive secretary for 

review and approval prior to beginning construction. 

(b) The provisions of (a) above do not apply to noncommercial, residential buildings. 

UTAH STATE BULLETIN, April I, 2006, Vol. 2006, No. 7 
DAR File No. 28325 

R307-401-S. Notice of Intent. 

(I) Except as provided in R307-401-9 through R307-401-17, 

[the ewHer er eperater efllftY statieHary searee)any oerson subject to 

R307-401 shall submit a notice of intent to the executive secretary 

and receive an approval order prior to initiation of construction, 

modification or relocation. The notice of intent shall be in a format 

specified by the executive secretary. 

(2) The notice of intent shall include the following 

information: 

(a) A description of the nature of the processes involved; the 

nature, procedures for handling and quantities of raw materials; the 

type and quantity of fuels employed; and the nature and quantity of 

finished product. 

(b) Expected composition and physical characteristics of 

effiuent stream both before and after treatment by any control 

apparatus, including emission rates, volume, temperature, air 

contaminant types, and concentration of air contaminants. 

(c) Size, type and performance characteristics of any control 

apparatus. 

(d) An analysis of best available control technology for the 

proposed source or modification. When determining best available 

control technology for a new or modified source in an ozone 

nonattainment or maintenance area that will emit volatile organic 

compounds or nitrogen oxides, the owner or operator of the source 

shall consider EPA Control Technique Guidance (CTG) documents 

and Alternative Control Technique documents that are applicable to 

the source. Best available control technology shall be at least as 

stringent as any published CTG that is applicable to the source. 

(e) Location and elevation of the emission point and other 

factors relating to dispersion and diffusion of the air contaminant in 

relation to nearby structures and window openings, and other 

information necessary to appraise the possible effects of the effiuent. 

(f) The location of planned sampling points and the tests of the 

completed installation to be made by the owner or operator when 

necessary to ascertain compliance. 

(g) The typical operating schedule. 

(h) A schedule for construction. 

(i) Any plans, specifications and related information that are in 

final form at the time of submission of notice of intent. 

(j) Any additional information required by: 

(i) R307-403, Permits: New and Modified Sources in 

Nonattainment Areas and Maintenance Areas; 

(ii) R307-405, Permits: Major Sources in Attainment or 

Unclassified Areas (PSD); 

(iii) R307-406, Visibility; 

(iv) R307-410, Emissions Impact Analysis; 

(v) R307-420, Permits: Ozone Offset Requirements in Davis 

and Salt Lake Counties; or 

(vi) R307-421, Permits: PMIO Offset Requirements in Salt 

Lake County and Utah County. 

(k) Any other information necessary to determine if the 

proposed source or modification will be in compliance with Title 

R307. 

(3) Notwithstanding the exemption in R307-40 1-9 through 16. 

any person that is subject to R307-403. R307-405. or R307-406 shall 

submjt a notice of intent to the executive secretary and receive an 

approval order prior to intiation of construction. modification. or 

relocation. 

UTAH STATE BULLETIN, April!, 2006, Vol. 2006, No.7 

NOTICES OF CHANGES IN PROPOSED RULES 

R307-401-9. Small Source Exemption. 

(I) A small stationary source is exempted from the 

requirement to obtain an approval order in R307-401-5 through 8 if 

the following conditions are met. 

(a) its actual emissions are less than 5 tons per year per air 

contaminant of any of the following air contaminants: sulfur 

dioxide, carbon monoxide, nitrogen oxides, PM10, ozone, or volatile 

organic compounds; 

(b) its actual emissions are less than 500 pounds per year of 

any hazardous air pollutant and less than 2000 pounds per year of 

any combination of hazardous air pollutants; 

(c) its actual emissions are less than 500 pounds per year of 

any air contaminant not listed in (a)( or (b) above and less than 2000 

pounds per year of any combination of air contaminants not listed in 

(a) or (b) above. 

(d) Air contaminants that are drawn from the environment 

through equipment in intake air and then are released back to the 

environment without chemical change, as well as carbon dioxide, 

nitrogen, oxygen, argon, neon, helium, krypton, xenon should not be 

included in emission calculations when determining applicability 

under (a) through (c) above. 

(2) The owner or operator of a source that is exempted from 

the requirement to obtain an approval order under (I) above shall no 

longer be exempt if actual emissions in any subsequent year exceed 

the emission thresholds in (I) above. The owner or operator shall 

submit a notice of intent under R307-401-5 no later than 180 days 

after the end of the calendar year in which the source exceeded the 

emission threshold. 

(3) Small Source Exemption -Registration. The executive 

secretary will maintain a registry of sources that are claiming an 

exemption under R307 -401-9. The owner or operator of a stationary 

source that is claiming an exemption under R307 -401-9 may submit 

a written registration notice to the executive secretary. The notice 

shall include the following minimum information: 

(a) identifying information, including company name and 

address, location of source, telephone number, and name of plant 

site manager or point of contact; 

(b) a description of the nature of the processes involved, 

equipment, anticipated quantities of materials used, the type and 

quantity of fuel employed and nature and quantity of the finished 

product; 

(c) identification of expected emissions; 

(d) estimated annual emission rates; 

(e) any control apparatus used; and 

(f) typical operating schedule. 

(4) An exemption under R307-401-9 does not affect the 

requirements ofR307-401-1[4t]L Temporary Relocation. 

R307-401-14. Used Oil Fuel Burned for Energy Recovery. 

(I) Definitions. 

"Boiler" means boiler as defined in R315-l-l that incorporates 

by reference the term "boiler" in 40 CFR 260.10, 2000 ed., as 

amended by 67 FR 2962, January 22, 2002. 

"Used Oil" is defined as any oil that has been refined from 

crude oil, used, and, as a result of such use contaminated by physical 

or chemical impurities. 

(2) Boilers burning used oil for energy recovery are exempted 

from the requirement to obtain an approval order in R307-401-5 

through 8 if the following requirements are met: 
((_,. 

NOTICES OF CHANGES IN PROPOSED RULES 

(a) the heat input design is less than one million BTU/hr; 

(b) contamination levels of all used oil to be burned do not 

exceed any of the following values: 

(i) arsenic - 5 ppm by weight, 

(ii) cadmium- 2 ppm by weight, 

(iii) chromium- 10 ppm by weight, 

(iv) lead- I 00 ppm by weight, 

(v) total halogens- 1,000 ppm by weight, 

(vi) Sulfur- 0.50% by weight; and 

(c) the flash point of all used oil to be burned is at least 100 

degrees Fahrenheit. 

(3) Testing. The owner or operator shall test each load of used 

oil received or generated as directed by the executive secretary to 

ensure it meets these requirements. Testing may be performed by the 

owner/operator or documented by test reports from the used fuel oil 

vendor. The flash point shall be measured using the appropriate 

ASTM method as required by the executive secretary. Records for 

used oil consumption and test reports are to be kept for all periods 

when fuel-burning equipment is in operation. The records shall be 

kept on site and made available to the executive secretary or [hls~ 

executive secretary's representative upon request. Records must be 

kept for a three-year period. 

R307-401-1S. Air Strippers and Soil Venting Projects. 

(I) The owner or operator of an air stripper or soil venting 

system that is used to remediate contaminated groundwater or soil is 

exempt from the notice of intent and approval order requirements of 

R307-401-5 through 8 if the following conditions are met: 

(a) the estimated total air emissions of volatile organic 

compounds from a given project are less than the de minimis 

emissions listed in R307-401-9(l)(a), and 

(b) the level of any one hazardous air pollutant or any 

combination of hazardous air pollutants is below the levels listed in 

R307-410-[4]_l( l)(d). 

(2) The owner or operator shall submit documentation that the 

project meets the exemption requirements in ( 1) above to the 

executive secretary prior to beginning the remediation project. 

(3) After beginning the soil remediation project, the owner or 

operator shall submit emissions information to the executive 

secretary to verify that the emission rates of the volatile organic 

compounds and hazardous air pollutants in (l) above are not 

exceeded. Emissions estimates of volatile organic compounds and 

hazardous air pollutants shall be based on test data obtained in 

accordance with the test method in the EPA document SW-846, Test 

#8020 or #8021 or other test or monitoring method approved by the 

executive secretary. Results of the test and calculated annual 

quantity of emissions of volatile organic compounds and hazardous 

air pollutants shall be submitted to the executive secretary within 

one month of sampling. The test samples shall be drawn on intervals 

of no less than twenty-eight days and no more than thirty-one days 

(i.e., monthly) for the first quarter, quarterly for the first year, and 

semi-annually thereafter or as determined necessary by the executive 

secretary. 

(4) The following control devices do not require a notice of 

intent or approval order when used in relation to an air stripper or 

soil venting project exempted under R307-401-15: 

(a) thermodestruction unit with a rated input capacity of less 

than five million BTU per hour using no other auxiliary fuel than 

natural gas or LPG, or 

(b) carbon adsorption unit. 

28 

DAR File No. 28322 

R307-401-16. De minimis Emissions From Soil Aeration 

Projects. 

An owner or operator of a soil remediation project is not 

subject to the notice of intent and approval order requirements of 

R307-401-5 through 8 when soil aeration or land farming is used to 

conduct a soil remediation, if the owner or operator submits the 

following information to the executive secretary prior to beginning 

the remediation project: 

(l) documentation that the estimated total air emissions of 

volatile organic compounds, using an appropriate sampling method, 

from the project are less than the de minimis emissions listed in 

R307-401-9(l)(a); 

(2) documentation that the levels of any one hazardous air 

pollutant or any combination of hazardous air pollutants are less 

than the levels in R307-410-[4]_l(l)(d); and 

(3) the location of the remediation and where the remediated 

material originated. 

R307-401-17. Temporary Relocation. 

The owner or operator of a stationary source previously 

approved under R307-401 may temporarily relocate and operate the 

stationary source at any site for up to 180 working days in any 

calendar year not to exceed 365 consecutive days, starting from the 

initial relocation date. The executive secretary will evaluate the 

expected emissions impact at the site and compliance with 

applicable Title R307 rules as the bases for determining if approval 

for temporary relocation may be granted. Records of the working 

days at each site, consecutive days at each site, and actual 

production rate shall be submitted to the executive secretary at the 

end of each 180 calendar days. These records shall also be kept on 

site by the owner or operator for the entire project, and be made 

available for review to the executive secretary as requested. R307-

40 1-7, Public Notice, does not apply to temporary relocations under 

R307-401-1(9]1. 

KEY: air pollution, permits, approval order§ 

Date of Enactment or Last Substantive Amendment: 2006 

Notice of Continuation: August 11, 2003 

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

104(3)(q); 19-2-108 

. -------------------------------• 

·ronmental Quality, 

R307-4 

PURPOSE OF THE RU 

purpose of this a me 

public comments. 

s in Attainment 

reas (PSD) 

OR REASON FOR E CHANGE: The 

ment is to make changes in response to 

UTAH STATE BULLETIN, April!, 2006, Vol. 2006, No.7 
NOTICES OF CHANGES IN PROPOSED RULES 

(A) ~he area in which the proposed source or modification 

would con~ruct is designated as attainment or unclassifiable under 

section I 07(d)(i)(D) or (E) of the Act for the pollutant on the date of 

its complete a'N'lication under 40 CFR 52.21 or R307-405; and 

(B) in the_ case of a major stationary source. the pollutant 

would be emitted-Jn significant amounts, or. in the case of a major 

modification, then\ would be a significant net emissions increase of 

the pollutant. \ 1 

(iv) Any minor~ource baseline date established originall for 

the TSP increments ·,hall remain in effect and shall app for 

purposes of determinin- the amount of available PMl 0 incr ents, 

except that the executi\e secretary shall rescind a mino source 

baseline date where it ~ be shown, to the satisfacti n of the 

executive secretary, that ·~e emissions increase from he major 

stationary source, or ne emissions increase fro the major 

modification, responsible fi triggering that date did t result in a 

significant amount ofPMl O~issions. (b) In the definitio of "baseline area' in 40 CFR 

52.2l(b)(l5)(ii)(b) insert the ords "orR307-405" after "Is subject 

to40 CFR 52.21". 

(c) "Reviewing Authority' means the exe tive secretary. 

(d)(i) The term "Adminis tor" shall be c ged to "executive 

secretary" throughout R307-405, except as pr vided in (ii). 

(ii) The term "Administra or" shall e changed to "EPA 

Administrator" in the following i orporate sections: 

(A) 40 CFR 52.2l(b)(l7), 

(B) 40 CFR 52.2l(b)(37)(i), 

(C) 40 CFR 52.2l(b)(43), 

(D) 40 CFR 52.2l(b)(48)(ii)(c 

(E) 40 CFR 52.2l(b)(50)(i), 

(F) 40 CFR 52.21(1)(2), 

(G) 40 CFR 52.2l(p)(2), and 

(H) [*fte--fi.fsjf-fe.feft!fte&--tert\EIH!ffiislf&lell"-lfi--44:~1LK 

52.2 I (y)(4 )(i), 

52.21()·)(7), Bftd 

--1(r+J)I-]40 CFR 51.166(q)(2)(i 

(e) The definition of"emis ions unit in 40 CFR 52.2l(b)(7), 

effective January 6, 2004, is he by incorp rated by reference. 

(f) The definition of "replaceme t unit" in 40 CFR 

52.21(b)(33), effective Janua 6, 2004, is reby incorporated by 

reference. 

(g) The following pa graphs that refi to clean units and 

pollution control projects ar not incorporated 

(i) 40 CFR 52.21(b)( )(iii)(h), 

(ii) 40 CFR 52.21(b 3)(iii)(b), 

(Iii) 40 CFR 52.21 ( )(3)(vi)(d), 

(iv) 40 CFR 52.21 )(32), and 

(v) 40 CFR 52.21 )(42). 

([.;]i) "Heat inp " means heat input as del 

52.0l(g). 

((4].2.) "Title V rmit" means any permit or gr up of permits 

covering a Part 70 ource that is issued, renewed, amended, or 

revised pursuant to 307-415. 

([~]Q) "Title Operating Permit Program" mean R307-415. 

([~]1) The finition of "Good Engineering Pra ice (GEP) 

Stack Height" as efined in R307-410 shall apply in thi rule. 

([+]_ID The definition of "Dispersion Technique" as efined in 

R307-41 0 shall apply in this rule. 

30 

DAR File No. 28323 

R307-405-S. Area Redeslgnation. 

Any person may petition the Board to change the class· 1cation 

of an area designated under R307 -405-4, except for mand ory Class 

I as designated under R307-405-4(1 ). 

) The petition shall contain a discussion of e reasons for 

the pro sed redesignation, including a satisfacto description and 

analysis o the health, environmental, econo ic and social and 

energy effec of the proposed re[s]designati . 

(2) The etition shall contain a emonstration that the 

proposed redesign ·on meets the criteri utlined in Section VIII of 

the State Implement ·on Plan and 40 FR 51.166(e) and (g). 

R307-40S-19. Source 0 'gatio • 

( 1) Except as provided ( below, the provisions of 40 CFR 

52.2l(r), effective March 3:/ 03, are hereby incorporated by 

reference. 1 

(2)[(6)] The parentl_v!tical p e in the first sentence in 40 

CFR 52.2l(r)(6) shall b~changed tore "(other than projects at a 

source with a PAL)." 

KEY: air poD tion, PSD, Class I area 

Date ofEna ent or Last Substantive Amendment: 

Notice of Continuation: August 11, 2003 

Authorizing, and Implemented or Interpreted Law: 

. 

' 

---------------. 

Environmental Quality, Air Quality 

R307-410 

Permits: Emissions Impact Analysis 

NOTICE OF CHANGE IN PROPOSED RULE 

DAR File No.: 28323 

Filed: 03/09/2006, 11:12 

RULE ANALYSIS 

PURPOSE OF THE RULE OR REASON FOR THE CHANGE: The 

purpose of this amendment is to make changes in response to 

public comments. 

SUMMARY OF THE RULE OR CHANGE: The modeling requirements 

for criteria pollutants and hazardous air pollutants are not part 

of Utah's State Implementation Plan (SIP) and are not 

required under the federal requirements for a minor source 

permitting program. Therefore, the language in Section R307-

410-1 that refers to 40 CFR 51.160 has been removed from 

the rule. (DAR NOTE: This change in proposed rule has 

been filed to make additional changes to a proposed 

amendment that was published in the December 1, 2005, 

issue of the Utah State Bulletin, on page 31. Underlining in 

the rule below indicates text that has been added since the 

publication of the proposed rule mentioned above; strike-out 

indicates text that has been deleted. You must view the 

change in proposed rule and the proposed amendment 

together to understand all of the changes that will be 

enforceable should the agency make this rule effective.) 

UTAll STATE BULLETIN, April I, 2006, Vol. 2006, No. 7 
<c 

DAR File No. 28323 

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS 

RULE: Section 19-2-104 

ANTICIPATED COST OR SAVINGS TO: 

.;. THE STATE BUDGET: The change corrects the original 

proposal but makes no change in costs to the state budget. 

•:• LOCAL GOVERNMENTS: The change corrects the original 

proposal but makes no change in costs to local government 

budgets. 

•:• OTHER PERSONS: The change corrects the original proposal 

but makes no change in costs to other persons. 

COMPLIANCE COSTS FOR AFFECTED PERSONS: The change 

corrects the original proposal but makes no change in costs to 

other persons. 

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE 

RULE MAY HAVE ON BUSINESSES: This change corrects the 

original proposal and has no fiscal impact on businesses. 

Dianne R. Nielson, Executive Director 

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURING REGULAR 

BUSINESS HOURS, AT: 

ENVIRONMENTAL QUALITY 

AIR QUALITY 

150 N 1950 W 

SALT LAKE CITY UT 84116-3085, or 

at the Division of Administrative Rules. 

DIRECT QUESTIONS REGARDING THIS RULE TO: 

Jan Miller at the above address, by phone at 801-536-4042, 

by FAX at 801-536-0085, or by Internet E-mail at 

janmiller@utah.gov 

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY 

SUBMITIING WRITIEN COMMENTS TO THE ADDRESS ABOVE NO LATER 

THAN 5:00 PM on 05/02/2006. 

THIS RULE MAY BECOME EFFECTIVE ON: 05/04/2006 

AuTHORIZED BY: M. Cheryl Heying, Planning Branch Manager 

R307. Environmental Quality, Air Quality. 

R307-410. Permits: Emissions Impact Analysis. 

R307-410-1. Purpose. 

This rule establishes the procedures and requirements for 

evaluating the emissions impact of new or modified sources that 

require an approval order under R307 -401 to ensure that the source 

will not interfere with the attainment or maintenance of any 

NAAQS[ as FeEjllired by 40 GFR S l. HiO]. The rule also establishes 

the procedures and requirements for evaluating the emissions impact 

of hazardous air pollutants. The rule also establishes the procedures 

for establishing an emission rate based on the good engineering 

practice stack height as required by 40 CFR 51.118. 

R307-410-4. Modeling of Criteria Pollutant Impacts in 

Attainment Areas. 

Prior to receiving an approval order under R307-401, a new 

source in an attainment area with a total controlled emission rate per 

UTAH STATE BULLETIN, April 1, 2006, Vol. 2006, No.7 

NOTICES OF CHANGES IN PROPOSED RULES 

pollutant greater than or equal to amounts specified in Table 1, or a 

modification to an existing source located in an attainment area 

which increases the total controlled emission rate per pollutant of the 

source in an amount greater than or equal to those specified in Table 

1, shall conduct air quality modeling, as identified in R307-410-3, to 

estimate the impact of the new or modified source on air quality 

unless previously performed air quality modeling for the source 

indicates that the addition of the proposed emissions increase would 

not violate a National Ambient Air Quality Standard, as determined 

by the Executive Secretary. 

POLLUTANT 

sulfur dioxide 

oxides of nitrogen 

PHIO - fugitive emissions 

and fugitive dust 

PHIO - non-fugitive emissions 

or non-fugitive dust 

carbon monoxide 

lead 

TABLE I 

EMISSIONS 

40 tons per year 

40 tons per year 

5 tons per year 

15 tons per year 

100 tons per year 

0. 6 tons per year 

R307-410-5. Documentation of Ambient Air Impacts for 

Hazardous Air Pollutants. 

(I) Prior to receiving an approval order under R307-401, a 

source shall provide documentation of increases in emissions of 

hazardous air pollutants as required under (c) below for all 

installations not exempt under (a) below. 

(a) Exempted Installations. 

(i) The requirements of R307-410-5 do not apply to 

installations which are subject to or are scheduled to be subject to an 

emission standard promulgated under42 U.S.C. 7412 at the time a 

notice of intent is submitted, except as defined in (ii) below. This 

exemption does not affect requirements otherwise applicable to the 

source, including requirements under R307 -40 I. 

(ii) The executive secretary may, upon making a written 

determination that the delay in the implementation of an emission 

standard under R307-214-2, that incorporates 40 CFR Part 63. might 

reasonably be expected to pose an unacceptable risk to public health, 

require, on a case-by-case basis, notice of intent documentation of 

emissions consistent with (c) below. 

(A) The executive secretary will notify the source in writing 

of the preliminary decision to require some or all of the 

documentation as listed in (c) below. 

(B) The source may respond in writing within thirty days of 

receipt of the notice, or such longer period as the executive secretary 

approves. 

(C) In making a final determination, the executive secretary 

will document objective bases for the determination, which may 

include public information and studies, documented public 

comment, the applicant's written response, the physical and chemical 

properties of emissions, and ambient monitoring data. 

(b) Lead Compounds Exemption. The requirements ofR307-

41 0-5 do not apply to emissions of lead compounds. Lead 

compounds shall be evaluated pursuant to requirements of R307-

410-4. 

(c) Submittal Requirements. 

(i) Each applicant's notice of intent shall include: 

(A) the estimated maximum pounds per hour emission rate 

increase from each affected installation, 

(B) the type of release, whether the release flow is vertically 

restricted or unrestricted, the maximum release duration in minutes 

per hour, the release height measured from the ground, the height of 
(·' 

NOTICES OF CHANGES IN PROPOSED RULES 

any adjacent building or structure, the shortest distance between the 

release point and any area defined as "ambient air" under 40 CFR 

SO.l(e), effective July 1, 2005, which is hereby incorporated by 

reference for each installation for which the source proposes an 

emissions increase, 

(C) the emission threshold value, calculated to be the 

applicable threshold limit value - time weighted average (11. VTW A) or the threshold limit value - ceiling (TL V -C) multiplied by 

the appropriate emission threshold factor listed in Table 2, except in 

the case of arsenic, benzene, beryllium, and ethylene oxide which 

shall be calculated using chronic emission threshold factors, and 

formaldehyde, which shall be calculated using an acute emission 

threshold factor. For acute hazardous air pollutant releases having a 

duration period less than one hour, this maximum pounds per hour 

emission rate shall be consistent with an identical operating process 

having a continuous release for a one-hour period. 

TABLE 2 

EMISSION THRESHOLD FACTORS FOR HAZARDOUS AIR POLLUTANTS 

(cubic meter pounds per mi 11 i gram hour) 

VERTICALLY-RESTRICTED AND FUGITIVE EMISSION RELEASE POINTS 

DISTANCE TO 

PROPERTY BOUNDARY ACUTE CHRONIC CARCINOGENIC 

20 Meters or 1 ess 0.038 0.051 0.017 

21 - 50 Meters 0.051 0.066 0.022 

51 - 100 Meters 0.092 0.123 0.041 

Beyond 100 Meters 0.180 0.269 0.090 

VERTICALLY-UNRESTRICTED EMISSION RELEASE POINTS 

DISTANCE TO 

PROPERTY BOUNDARY ACUTE CHRONIC CARCINOGENIC 

50 Meters or less 0.154 0.198 0.066 

51 - 100 Meters 0.224 0.244 0.081 

Beyond 100 Meters 0.310 0.368 0.123 

(ii) A source with a proposed maximum pounds per hour 

emissions increase equal to or greater than the emissions threshold 

value shall include documentation of a comparison of the estimated 

ambient concentration of the proposed emissions with the applicable 

toxic screening level specified in (d) below. 

(iii) A source with an estimated ambient concentration equal to 

or greater than the toxic screening level shall provide additional 

documentation regarding the impact of the proposed emissions. The 

DAR File No. 28323 

executive secretary may require such documentation to include, but 

not be limited to: 

(A) a description of symptoms and adverse health effects that 

can be caused by the hazardous air pollutant, 

(B) the exposure conditions or dose that is sufficient to cause 

the adverse health effects, 

(C) a description of the human population or other biological 

species which could be exposed to the estimated concentration, 

(D) an evaluation of land use for the impacted areas, 

(E) the environmental fate and persistency. 

(d) Toxic Screening Levels and Averaging Periods. 

(i) The toxic screening level for an acute hazardous air 

pollutant is 1/!0th the value of the TLV-C, and the applicable 

averaging period shall be: 

(A) one hour for emissions releases having a duration period of 

one hour or greater, 

(B) one hour for emission releases having a duration period 

less than one hour if the emission rate used in the model is consistent 

with an identical operating process having a continuous release for a 

one-hour period or more, or 

(C) the dispersion model's shortest averaging period when 

using an applicable model capable of estimating ambient 

concentrations for periods ofless than one hour. 

(ii) The toxic screening level for a chronic hazardous air 

pollutant is !/30th the value of the 11. V- TWA, and the applicable 

averaging period shall be 24 hours. 

(iii) The toxic screening level for all carcinogenic hazardous 

air pollutants is 1190 the value of the 11. V-TW A, and the applicable 

averaging period shall be 24 hours, except in the case of 

formaldehyde which shall be evaluated consistent with ( d)(i) above 

and arsenic, benzene, beryllium, and ethylene oxide which shall be 

evaluated consistent with (d)(ii) above. 

KEY: air pollution, modeling, hazardous air pollutant, stack 

height 

Date of Enactment or Last Substantive Amendment: 2006 

Notice of Continuation: August 11, 2003 

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

·----------------· 

End of the Notices of Changes in Proposed Rules Section 

32 UTAH STATE BULLETIN, April 1, 2006, Vol. 2006, No. 7 
:\. 

Effective Rule 
(~ 

~, 

R307-101-2 

DAR No. 28545 AMD 

Effective June 16,2006 
(1.· \"' RJ07. Environmental Quality, Air Quality. 

RJ07-101. General Requirements. 

RJ07-101-l. Dellnltlons. 

Except where specified in individual rules, 

definitions in R307-10l-2 are applicable to all rules adopted by 

the Air Quality Board. 

"Actual Emissions" means the actual rate of 

emissions of a pollutant from an emissions unit determined as 

follows: 

(l) In general, actual emissions as of a particular 

date shall equal the average rate, in tons per year, at which the 

unit actually emitted the pollutant during a two-year period 

which precedes the particular date and which is representative 

of normal source operations. The Executive Secretary shall 

allow the use of a different time period upon a determination 

that it is more representative of normal source operation. 

Actual emissions shall be calculated using the unit's actual 

operating hours, production rates, and types of materials 

processed, stored, or combusted during the selected time 

period. 

(2) The Executive Secretary may presume that 

source-specific allowable emissions for the unit are equivalent 

to the actual emissions of the unit 

(3) For any emission unit, other than an electric 

utility steam generating unit specified in (4), which has not 

begun normal operations on the particular date, actual 

emissions shall equal the potential to emit of the unit on that 

date. 

(4) For an electric utility steam generating unit 

(other than a new unit or the replacement of an existing unit) 

actual emissions of the unit following the physical or 

operational change shall equal the representative actual annual 

emissions of the unit, provided the source owner or operator 

maintains and submits to the executive secretary, on an annual 

basis for a period of 5 years from the date the unit resumes 

regular operation, information demonstrating that the physical 

or operational change did not result in an emissions increase. 

A longer period, not to exceed 10 years, may be required by the 

executive secretary if the executive secretary determines such a 

period to be more representative of normal source post-change 

operations. 

"Acute Hazardous Air Pollutant" means any 

noncarcinogenic hazardous air pollutant for which a threshold 

limit value - ceiling (1L V -C) has been adopted by the 

American Conference of Governmental Industrial Hygienists in 

its 'Threshold Limit Values for Chemical Substances and 

Physical Agents and Biological Exposure Indices, pages 15 • 

72 (2000)." 

"Air Contaminant" means any particulate matter or 

any gas, vapor, suspended solid or any combination of them, 

excluding steam and water vapors (Section 19-2-102(1)). 

"Air Contaminant Source" means any and all sources 

of emission of air contaminants whether privately or publicly 

owned or operated (Section 19-2-102(2)). 

"Air Pollution" means the presence in the ambient air 

of one or more air contaminants in such quantities and duration 

and under conditions and circumstances, as is or tends to be 

injurious to human health or welfare, animal or plant life, or 

property, or would unreasonably interfere with the enjoyment 

of life or use of property as determined by the standards, rules 

and regulations adopted by the Air Quality Board (Section 19-

2-104). 

"Allowable Emissions" means the emission rate of a 

source calculated using the maximum rated capacity of the 

source (unless the source is subject to enforceable limits which 

restrict the operating rate, or hours of operation, or both) and 

the emission limitation established pursuant to R307 -401-8. 

"Ambient Air" means the surrounding or outside air 

(Section 19-2-102(4)). 

"Appropriate Authority" means the governing body 

of any city, town or county. 

"Asphalt or Asphalt Cement" means the dark brown 

to black cementitious material (solid, semisolid, or liquid in 

consistency) of which the main constituents are bitumens which 

occur naturally or as a residue of petroleum refining. 

"Atmosphere" means the air that envelops or 

surrounds the earth and includes all space outside of buildings, 

stacks or exterior ducts. 

"Authorized Local Authority" means a city, county, 

city-county or district health department; a city, county or 

combination fire department; or other local agency duly 

designated by appropriate authority, with approval of the state 

Department of Health; and other lawfully adopted ordinances, 

codes or regulations not in conflict therewith. 

"Board" means Air Quality Board. See Section 19-2-

102(6)(a). 

"Breakdown" means any malfunction or procedural 

error, to include but not limited to any malfunction or 

procedural error during start-up and shutdown, which will 

result in the inoperability or sudden loss of performance of the 

control equipment or process equipment causing emissions in 

excess of those allowed by approval order or Title R307. 

"BTU" means British Thermal Unit, the quantity of 

heat necessary to raise the temperature of one pound of water 

one degree Fahrenheit. 

"Calibration Drift" means the change in the 

instrument meter readout over a stated period of time of normal 

continuous operation when the VOC concentration at the time 

of measurement is the same known upscale value. 

"Carbon Adsorption System" means a device 

containing adsorbent material (e.g., activated carbon, 

aluminum, silica gel), an inlet and outlet for exhaust gases, and 

a system for the proper disposal or reuse of all VOC adsorbed. 

"Carcinogenic Hazardous Air Pollutant" means any 

hazardous air pollutant that is classified as a known human 

carcinogen (A 1) or suspected human carcinogen (A2) by the 

American Conference of Governmental Industrial Hygienists in 

its 'Threshold Limit Values for Chemical Substances and 
Physical Agents and Biological Exposure Indices, pages 15 -

72(2000)." 

"Chargeable Pollutant" means any regulated air 

pollutant except the following: 

( 1) Carbon monoxide; 

(2) Any pollutant that is a regulated air pollutant 

solely because it is a Class I or II substance subject to a 

standard promulgated or established by Title VI of the Act, 

Stratospheric Ozone Protection; 

(3) Any pollutant that is a regulated air pollutant 

solely because it is subject to a standard or regulation under 

Section 112(r) of the Act, Prevention of Accidental Releases. 

"Chronic Hazardous Air Pollutant" means any 

noncarcinogenic hazardous air pollutant for which a threshold 

limit value - time weighted average (1LV-1WA) having no 

threshold limit value - ceiling (1L V -C) has been adopted by the 

American Conference of Governmental Industrial Hygienists in 

its "Threshold Umit Values for Chemical Substances and 

Physical Agents and Biological Exposure Indices, pages 15 -

72(2000)." 

"Clean Air Act" means federal Clean Air Act as 

amended in 1990. 

"Clean Coal Technology" means any technology, 

including technologies applied at the precombustion, 

combustion, or post combustion stage, at a new or existing 

facility which will achieve significant reductions in air 

emissions of sulfur dioxide or oxides of nitrogen associated 

with the utilization of coal in the generation of electricity, or 

process steam which was not in widespread use as of 

November 15, 1990. 

"Clean Coal Technology Demonstration Project" 

means a project using funds appropriated under the heading 

"Department of Energy-Clean Coal Technology," up to a total 

amount of $2,500,000,000 for commercial demonstration of 

clean coal technology, or similar projects funded through 

appropriations for the Environmental Protection Agency. The 

Federal contribution for a qualifying project shall be at least 20 

percent of the total cost of tbe demonstration project. 

"Clearing Index" means an indicator of the predicted 

rate of clearance of ground level pollutants from a given area 

This number is provided by the National Weather Service. 

"Commence" as applied to construction of a major 

source or major modification means that the owner or operator 

has all necessary pre-construction approvals or permits and 

either has: 

( 1) Begun, or caused to begin, a continuous program 

of actual on-site construction of the source, to be completed 

within a reasonable time; or 

(2) Entered into binding agreements or contractual 

obligations, which cannot be canceled or modified without 

substantial loss to the owner or operator, to undertake a 

program of actual construction of the source to be completed 

within a reasonable time. 

"Compliance Schedule" means a schedule of events, 

by date, which will result in compliance with these regulations. 

"Construction" means any physical change or change 

in the method of operation including fabrication, erection, 

installation, demolition, or modification of a source which 

would result in a change in actual emissions. 

"Control Apparatus" means any device which 

prevents or controls the emission of any air contaminant 

directly or indirectly into the outdoor atmosphere. 

"Department" means Utah State Department of 

Environmental Quality. See Section 19-1-1 03(1 ). 

"Electric Utility Steam Generating Unit" means any 

steam electric generating unit that is constructed for the purpose 

of supplying more than one-third of its potential electric output 

capacity and more than 25 MW electrical output to any utility 

power distribution system for sale. Any steam supplied to a 

steam distribution system for the purpose of providing steam to 

a steam-electric generator that would produce electrical energy 

for sale is also considered in determining the electrical energy 

output capacity of the affected facility. 

"Emission" means the act of discharge into the 

atmosphere of an air contaminant or an effluent which contains 

or may contain an air contaminant; or the effluent so discharged 

into the atmosphere. 

"Emissions Information" means, with reference to 

any source operation, equipment or control apparatus: 

(1) Information necessary to determine the identity, 

amount, frequency, concentration, or other characteristics 

related to air quality of any air contaminant which has been 

emitted by the source operation, equipment, or control 

apparatus; 

(2) Information necessary to determine the identity, 

amount, frequency, concentration, or other characteristics (to 

the extent related to air quality) of any air contaminant which, 

under an applicable standard or limitation, the source operation 

was authorized to emit (including, to the extent necessary for 

such purposes, a description of the manner or rate of operation 

of the source operation), or any combination of the foregoing; 

and 

(3) A general description of the location and/or 

nature of the source operation to the extent necessary to 

identify the source operation and to distinguish it from other 

source operations (including, to the extent necessary for such 

purposes, a description of the device, installation, or operation 

constituting the source operation). 

"Emission Limitation" means a requirement 

established by the Board or the Administrator, EPA, which 

limits the quantity, rate or concentration of emission of air 

pollutants on a continuous emission reduction including any 

requirement relating to the operation or maintenance of a 

source to assure continuous emission reduction (Section 

302(k)). 
(~ "Emissions Unit" means any part of a stationary 

source which emits or would have the potential to emit any 

pollutant subject to regulation under the Clean Air Act. 

"Enforceable" means all limitations and conditions 

which are enforceable by the Administrator, including those 

requirements developed pursuant to 40 CFR Parts 60 and 61, 

requirements within the State Implementation Plan and R307, 

any permit requirements established pursuant to 40 CFR 52.21 

or R307-401. 

"EPA" means Environmental Protection Agency. 

"EPA Method 9" means 40 CFR Part 60, Appendix 

A, Method 9, "Visual Determination of Opacity of Emissions 

from Stationary Sources," and Alternate 1, "Determination of 

the opacity of emissions from stationary sources remotely by 

LIDAR." 

"Executive Director" means the Executive Director 

of the Utah Department of Environmental Quality. See Section 

19-1-103(2). 

"Executive Secretary" means the Executive Secretary 

of the Board. 

"Existing Installation" means an installation, 

construction of which began prior to the effective date of any 

regulation having application to it. 

"Facility" means machinery, equipment, structures of 

any part or accessories thereof, installed or acquired for the 

primary purpose of controlling or disposing of air pollution. It 

does not include an air conditioner, fan or other similar device 

for the comfort of personnel. 

"Fireplace" means all devices both masonry or 

factory built units (free standing fireplaces) with a hearth, fire 

chamber or similarly prepared device connected to a chimney 

which provides the operator with little control of combustion 

air, leaving its fire chamber fully or at least partially open to the 

room. Fireplaces include those devices with circulating 

systems, heat exchangers, or draft reducing doors with a net 

thermal efficiency of no greater than twenty percent and are 

used for aesthetic purposes. 

"Fugitive Dust" means particulate, composed of soil 

and/or industrial particulates such as ash, coal, minerals, etc., 

which becomes airborne because of wind or mechanical 

disturbance of surfaces. Natural sources of dust and fugitive 

emissions are not fugitive dust within the meaning of this 

definition. 

"Fugitive Emissions" means emissions from an 

installation or facility which are neither passed through an air 

cleaning device nor vented through a stack or could not 

reasonably pass through a stack. chimney, vent, or other 

functionally equivalent opening. 

"Garbage" means all putrescible animal and 

vegetable matter resulting from the handling, preparation, 

cooking and consumption of food, including wastes attendant 

thereto. 

"Gasoline" means any petroleum distillate, used as a 

fuel for internal combustion engines, having a Reid vapor 

pressure of 4 pounds or greater. 

"Hazardous Air Pollutant (HAP)" means any 

pollutant listed by the EPA as a hazardous air pollutant in 

confonnance with Section 112(b) of the Clean Air Act. A list 

of these pollutants is available at the Division of Air Quality. 

"Heavy Fuel Oil" means a petroleum product or 

similar material with a boiling range higher than that of diesel 

fuel 

"Household Waste" means any solid or liquid 

material normally generated by the family in a residence in the 

course of ordinary day-to-day living, including but not limited 

to garbage, paper products, rags, leaves and garden trash. 

"Incinerator" means a combustion apparatus 

designed for high temperature operation in which solid, 

semisolid, liquid, or gaseous combustible wastes are ignited 

and burned efficiently and from which the solid and gaseous 

residues contain little or no combustible material. 

"Installation" means a discrete process with 

identifiable emissions which may be part of a larger industrial 

plant. Pollution equipment shall not be considered a separate 

installation or installations. 

"LPG" means liquified petroleum gas such as 

propane or butane. 

"Maintenance Area" means an area that is subject to 

the provisions of a maintenance plan that is included in the 

Utah state implementation plan, and that has been redesignated 

by EPA from nonattainment to attainment of any National 

Ambient Air Quality Standard. 

(a) The following areas are considered maintenance 

areas for ozone: 

(i) Salt Lake County, effective August 18, 1997; and 

(ii) Davis County, effective August 18, 1997. 

(b) The following areas are considered maintenance 

areas for carbon monoxide: 

(i) Salt Lake City, effective March 22, 1999; 

(ii) Ogden City, effective May 8, 2001; and 

(iii) Provo City, effective on the date that EPA 

approves the maintenance plan that was adopted by the Board 

on March 31, 2004. 

(c) The following areas are considered maintenance 

areas for PM 10: 

(i) Salt Lake County, effective on the date that EPA 

approves the maintenance plan that was adopted by the Board 

on July 6, 2005; and 

(ii) Utah County, effective on the date that EPA 

approves the maintenance plan that was adopted by the Board 

on July 6, 2005; and 

(iii) Ogden City, effective on the date that EPA 

approves the maintenance plan that was adopted by the Board 

on July 6, 2005. 

(d) The following areas are considered maintenance 

areas for sulfur dioxide: 
(i) Salt Lake County, effective on the date that EPA 

approves the maintenance plan that was adopted by the Board 

on January 5, 2005; and 

(ii) the eastern portion of Tooele County above 5600 

feet. 

"Major Modification" means any physical change in 

or change in the method of operation of a major source that 

would result in a significant net emissions increase of any 

pollutant A net emissions increase that is significant for 

volatile organic compounds shall be considered significant for 

ozone. Within Salt Lake and Davis Counties or any 

nonattainment area for ozone, a net emissions increase that is 

significant for nitrogen oxides shall be considered significant 

for ozone. Within areas of nonattainment for PM 10, a 

significant net emission increase for any PMlO precursor is 

also a significant net emission increase for PMIO. A physical 

change or change in the method of operation shall not include: 

(1) routine maintenance, repair and replacement; 

(2) use of an alternative fuel or raw material by 

reason of an order under section 2(a) and (b) of the Energy 

Supply and Environmental Coordination Act of 1974, or by 

reason of a natural gas curtailment plan pursuant to the Federal 

Power Act; 

(3) use of an alternative fuel by reason of an order or 

rule under section 125 of the federal Clean Air Act; 

(4) use of an alternative fuel at a steam generating 

unit to the extent that the fuel is generated from municipal solid 

waste; 

(5) use of an alternative fuel or raw material by a 

source: 

(a) which the source was capable of accommodating 

before January 6, 1975, unless such change would be 

prohibited under any enforceable permit condition; or 

(b) which the source is otherwise approved to use; 

(6) an increase in the hours of operation or in the 

production rate unless such change would be prohibited under 

any enforceable permit condition; 

(7) any change in ownership at a source 

(8) the addition, replacement or use of a pollution 

control project at an existing electric utility steam generating 

unit, unless the executive secretary determines that such 

addition, replacement, or use renders the unit less 

environmentally beneficial, or except: 

(a) when the executive secretary has reason to 

believe that the pollution control project would result in a 

significant net increase in representative actual annual 

emissions of any criteria pollutant over levels used for that 

source in the most recent air quality impact analysis in the area 

conducted for the purpose of Title I of the Oean Air Act, if 

any, and 

(b) the executive secretary determines that the 

increase will cause or contribute to a violation of any national 

ambient air quality standard or PSD increment, or visibility 

limitation. 

(9) the installation, operation, cessation, or removal 

of a temporary clean coal technology demonstration project, 

provided that the project complies with: 

(a) the Utah State Implementation Plan; and 

(b) other requirements necessary to attain and 

maintain the national ambient air quality standards during the 

project and after it is terminated. 

"Major Source" means, to the extent provided by the 

federal Oean Air Act as applicable to R307: 

(1) any stationary source of air pollutants which 

emits, or has the potential to emit, one hundred tons per year or 

more of any pollutant subject to regulation under the Clean Air 

Act; or 

(a) any source located in a nonattainment area for 

carbon monoxide which emits, or has the potential to emit, 

carbon monoxide in the amounts outlined in Section 187 of the 

federal Clean Air Act with respect to the severity of the 

nonattainment area as outlined in Section 187 of the federal 

Clean Air Act; or 

(b) any source located in Salt Lake or Davis 

Counties or in a nonattainment area for ozone which emits, or 

has the potential to emit, VOC or nitrogen oxides in the 

amounts outlined in Section 182 of the federal Clean Air Act 

with respect to the severity of the nonattainment area as 

outlined in Section 182 of the federal Clean Air Act; or 

(c) any source located in a nonattainment area for 

PMIO which emits, or has the potential to emit, PMlO or any 

PM 10 precursor in the amounts outlined in Section 189 of the 

federal Clean Air Act with respect to the severity of the 

nonattainment area as outlined in Section 189 of the federal 

Clean Air Act. 

(2) any physical change that would occur at a source 

not qualifying under subpart 1 as a major source, if the change 

would constitute a major source by itself; 

(3) the fugitive emissions and fugitive dust of a 

stationary source shall not be included in determining for any 

of the purposes of these R307 rules whether it is a major 

stationary source, unless the source belongs to one of the 

following categories of stationary sources: 

(a) Coal cleaning plants (with thermal dryers); 

(b) Kraft pulp mills; 

(c) Portland cement plants; 

(d) Primary zinc smelters; 

(e) Iron and steel mills; 

(0 Primary aluminum or reduction plants; 

(g) Primary copper smelters; 

(h) Municipal incinerators capable of charging more 

than 250 tons of refuse per day; 

(i) Hydrofluoric, sulfuric, or nitric acid plants; 

(j) Petroleum refineries; 

(k) Lime plants; 

(1) Phosphate rock processing plants; 

(m) Coke oven batteries; 

(n) Sulfur recovery plants; 
. , 

(o) Carbon black plants (furnace process); 

(p) Primary lead smelters; 

(q) Fuel conversion plants; 

(r) Sintering plants; 

(s) Secondary metal production plants; 

(t) Chemical process plants; 

(u) Fossil-fuel boilers (or combination thereof) 

totaling more than 250 million British Thermal Units per hour 

heat input; 

(v) Petroleum storage and transfer units with a total 

storage capacity exceeding 300,000 barrels; 

(w) Taconite ore processing plants; 

(x) Glass fiber processing plants; 

(y) Charcoal production plants; 

(z) Fossil fuel-fired steam electric plants of more 

than 250 million British Thermal Units per hour heat input; 

(aa) Any other stationary source category which, as 

of August 7, 1980, is being regulated under section 111 or 112 

of the federal Clean Air Act 

"Modification" means any planned change in a 

source which results in a potential increase of emission. 

"National Ambient Air Quality Standards (NAAQS)" 

means the allowable concentrations of air pollutants in the 

ambient air specified by the Federal Government (Title 40, 

Code of Federal Regulations, Part 50). 

"Net Emissions Increase" means the amount by 

which the sum of the following exceeds zero: 

(I) any increase in actual emissions from a particular 

physical change or change in method of operation at a source; 

and 

(2) any other increases and decreases in actual 

emissions at the source that are contemporaneous with the 

particular change and are otherwise creditable. For purposes of 

determining a "net emissions increase": 

(a) An increase or decrease in actual emissions is 

contemporaneous with the increase from the particular change 

only if it occurs between the date five years before construction 

on the particular change commences; and the date that the 

increase from the particular change occurs. 

(b) An increase or decrease in actual emissions is 

creditable only if it has not been relied on in issuing a prior 

approval for the source which approval is in effect when the 

increase in actual emissions for the particular change occurs. 

(c) An increase or decrease in actual emission of 

sulfur dioxide, nitrogen oxides or particulate matter which 

occurs before an applicable minor source baseline date is 

creditable only if it is required to be considered in calculating 

the amount of maximum allowable increases remaining 

available. With respect to particulate matter, only PM10 

emissions will be used to evaluate this increase or decrease. 

(d) An increase in actual emissions is creditable only 

to the extent that the new level of actual emissions exceeds the 

old level. 

(e) A decrease in actual emissions is creditable only 

to the extent that: 

(i) The old level of actual emissions or the old level 

of allowable emissions, whichever is lower, exceeds the new 

level of actual emissions; 

(ii) It is enforceable at and after the time that actual 

construction on the particular change begins; and 

(iii) It has approximately the same qualitative 

significance for public health and welfare as that attributed to 

the increase from the particular change. 

(iv) It has not been relied on in issuing any permit 

under R307-401 nor has it been relied on in demonstrating 

attainment or reasonable further progress. 

(f) An increase that results from a physical change at 

a source occurs when the emissions unit on which construction 

occurred becomes operational and begins to emit a particular 

pollutant Any replacement unit that requires shakedown 

becomes operational only after a reasonable shakedown period, 

not to exceed 180 days. 

"New Installation" means an installation, 

construction of which began after the effective date of any 

regulation having application to it 

"Nonattainment Area" means an area designated by 

the Environmental Protection Agency as nonattainment under 

Section 107, Clean Air Act for any National Ambient Air 

Quality Standard. The designations for Utah are listed in 40 

CFR8l.345. 

"Offset" means an amount of emission reduction, by 

a source, greater than the emission limitation imposed on such 

source by these regulations and/or the State Implementation 

Plan. 

"Opacity" means the capacity to obstruct the 

transmission of light, expressed as percent. 

"Open Burning" means any burning of combustible 

materials resulting in emission of products of combustion into 

ambient air without passage through a chimney or stack. 

"Owner or Operator" means any person who owns, 

leases, controls, operates or supervises a facility, an emission 

source, or air pollution control equipment. 

"PSD" Area means an area designated as attainment 

or unclassifiable under section 107(d}(l)(D) or (E) of the 

federal Clean Air Act. 

"PM 10" means particulate matter with an 

aerodynamic diameter less than or equal to a nominal 10 

micrometers as measured by an EPA reference or equivalent 

method. 

"PM 1 0 Precursor" means any chemical compound or 

substance which, after it has been emitted into the atmosphere, 

undergoes chemical or physical changes that convert it into 

particulate matter, specifically PMIO. 

"Part 70 Source" means any source subject to the 

permitting requirements of R307 -415. 

"Peak Ozone Season" means June 1 through August 

31, inclusive. 
. . 

"Persori" means an individual, trust, firm, estate, 

company, corporation, partnership, association, state, state or 

federal agency or entity, municipality, commission, or political 

subdivision of a state. (Subsection 19-2-l 03(4)). 

"Pollution Control Project" means any activity or 

project at an existing electric utility steam generating unit for 

purposes of reducing emissions from such unit Such activities 

or projects are limited to: 

(l) The installation of conventional or innovative 

pollution control technology, including but not limited to 

advanced flue gas desulfurization, sorbent injection for sulfur 

dioxide and nitrogen oxides controls and electrostatic 

precipitators; 

(2) An activity or project to accommodate switching 

to a fuel which is less polluting than the fuel used prior to the 

activity or project, including, but not limited to natural gas or 

coal rebuming, or the cofiring of natural gas and other fuels for 

the purpose of controlling emissions; 

(3) A permanent clean coal technology 

demonstration project conducted under Title ll, sec. lOl(d) of 

the Further Continuing Appropriations Act of 1985 (sec. 

5903(d) of title 42 of the United States Code), or subsequent 

appropriations, up to a total amount of $2,500,000,000 for 

commercial demonstration of clean coal technology, or similar 

projects funded through appropriations for the Environmental 

Protection Agency; or 

(4) A permanent clean coal technology 

demonstration project that constitutes a repowering project. 

"Potential to Emit" means the maximum capacity of a 

source to emit a pollutant under its physical and operational 

design. Any physical or operational limitation on the capacity 

of the source to emit a pollutant including air pollution control 

equipment and restrictions on hours of operation or on the type 

or amount of material combusted, stored, or processed shall be 

treated as part of its design if the limitation or the effect it 

would have on emissions is enforceable. Secondary emissions 

do not count in determining the potential to emit of a stationary 

source. 

"Process Level'' means the operation of a source, 

specific to the kind or type of fuel, input material, or mode of 

operation. 

"Process Rate" means the quantity per unit of time of 

any raw material or process intermediate consumed, or product 

generated, through the use of any equipment, source operation, 

or control apparatus. For a stationary internal combustion unit 

or any other fuel burning equipment, this term may be 

expressed as the quantity of fuel burned per unit of time. 

"Production Equipment Exhaust System" means a 

device for collecting and directing out of the work area VOC 

fugitive emissions from reactor openings, centrifuge openings, 

and other vessel openings for the purpose of protecting 

employees from excessive VOC exposure. 

"Reactivation of a Very Clean Coal-Fired Electric 

Utility Steam Generating Unit" means any physical change or 

change in the method of operation associated with the 

commencement of commercial operations by a coal-tired utility 

unit after a period of discontinued operation where the unit: 

(1) Has not been in operation for the two-year period 

prior to the enactment of the Clean Air Act Amendments of 

1990, and the emissions from such unit continue to be carried 

in the emission inventory at the time of enactment; 

(2) Was equipped prior to shutdown with a 

continuous system of emissions control that achieves a removal 

efficiency for sulfur dioxide of no less than 85 percent and a 

removal efficiency for particulates of no less than 98 percent; 

(3) Is equipped with low-NOx burners prior to the 

time of commencement of operations following reactivation; 

and 

(4) Is otherwise in compliance with the requirements 

of the Clean Air Act 

"Reactor" means any vat or vessel, which may be 

jacketed to permit temperature control, designed to contain 

chemical reactions. 

"Reasonable Further Progress" means annual 

incremental reductions in emission of an air pollutant which are 

sufficient to provide for attainment of the NAAQS by the date 

identified in the State Implementation Plan. 

"Refuse" means solid wastes, such as garbage and 

trash. 

"Regulated air pollutant" means any of the following: 

(a) Nitrogen oxides or any volatile organic 

compound; 

(b) Any pollutant for which a national ambient air 

quality standard has been promulgated; 

(c) Any pollutant that is subject to any standard 

promulgated under Section Ill of the Act, Standards of 

Performance for New Stationary Sources; 

(d) Any Class I or II substance subject to a standard 

promulgated under or established by Title VI of the Act, 

Stratospheric Ozone Protection; 

(e) Any pollutant subject to a standard promulgated 

under Section 112, Hazardous Air Pollutants, or other 

requirements established under Section 112 of the Act, 

including Sections 112(g), (j), and (r) of the Act, including any 

of the following: 

(i) Any pollutant subject to requirements under 

Section 112(j) of the Act, Equivalent Emission limitation by 

Permit If the Administrator fails to promulgate a standard by 

the date established pursuant to Section ll2(e) of the Act, any 

pollutant for which a subject source would be major shall be 

considered to be regulated on the date 18 months after the 

applicable date established pursuant to Section 112(e) of the 

Act; 

(ii) Any pollutant for which the requirements of 

Section 112(g)(2) of the Act (Construction, Reconstruction and 

Modification) have been met, but only with respect to the 

individual source subject to Section 112(g)(2) requirement. 
. . 

"Repowering" means replacement of an existing 

coal-fired boiler with one of the following clean coal 

technologies: atmospheric or pressurized fluidized bed 

combustion, integrated gasification combined cycle, 

magnetohydrodynamics, direct and indirect coal-fired turbines, 

integrated gasification fuel cells, or as determined by the 

Administrator, in consultation with the Secretary of Energy, a 

derivative of one or more of these technologies, and any other 

technology capable of controlling multiple combustion 

emissions simultaneously with improved boiler or generation 

efficiency and with significantly greater waste reduction 

relative to the performance of technology in widespread 

commercial use as of November 15, 1990. 

(I) Repowering shall also include any oil and/or gas. 

fired unit which h~ been awarded clean coal technology 

demonstration funding as of January I, 1991, by the 

Department of Energy. 

(2) The executive secretary shall give expedited 

consideration to permit applications for any source that satisfies 

the requirements of this definition and is granted an extension 

under section 409 of the Clean Air Act 

"Representative Actual Annual Emissions" means the 

average rate, in tons per year, at which the source is projected 

to emit a pollutant for the two-year period after a physical 

change or change in the method of operation of unit, (or a 

different consecutive two-year period within 10 years after that 

change, where the executive secretary determines that such 

period is more representative of source operations), considering 

the effect any such change will have on increasing or 

decreasing the hourly emissions rate and on projected capacity 

utilization. In projecting future emissions the executive 

secretary shall: 

(l) Consider all relevant information, including but 

not limited to, historical operational data, the company's own 

representations, filings with the State of Federal regulatory 

authorities, and compliance plans under title IV of the Clean 

Air Act; and 

(2) Exclude, in calculating any increase in emissions 

that results from the particular physical change or change in the 

method of operation at an electric utility steam generating unit, 

that portion of the unit's emissions following the change that 

could have been accommodated during the representative 

baseline period and is attributable to an increase in projected 

capacity utilization at the unit that is unrelated to the particular 

change, including any increased utilization due to the rate of 

electricity demand growth for the utility system as a whole. 

"Residence" means a dwelling in which people live, 

including all ancillary buildings. 

"Residential Solid Fuel Burning" device means any 

residential burning device except a fireplace connected to a 

chimney that burns solid fuel and is capable of, and intended 

for use· as a space heater, domestic water heater, or indoor 

cooking appliance, and has an air-to-fuel ratio less than 35-to-1 

as determined by the test procedures prescribed in 40 CFR 

60.534. It must also have a useable firebox volume of less than 

6.10 cubic meters or 20 cubic feet, a minimum bum rate less 

than 5 kilograms per hour or 11 pounds per hour as determined 

by test procedures prescribed in 40 CFR 60.534, and weigh less 

than 800 kilograms or 362.9 pounds. Appliances that are 

described as prefabricated fireplaces and are designed to 

accommodate doors or other accessories that would create the 

air starved operating conditions of a residential solid fuel 

burning device shall be considered as such. Fireplaces are not 

included in this definition for solid fuel burning devices. 

"Road" means any public or private road. 

"Salvage Operation" means any business, trade or 

industry engaged in whole or in part in salvaging or reclaiming 

any product or material, including but not limited to metals, 

chemicals, shipping containers or drums. 

"Secondary Emissions" means emissions which 

would occur as a result of the construction or operation of a 

major source or major modification, but do not come from the 

major source or major modification itself. 

Secondary emissions must be specific, well defined, 

quantifiable, and impact the same general area as the source or 

modification which causes the secondary emissions. Secondary 

emissions include emissions from any off-site support facility 

which would not be constructed or increase its emissions 

except as a result of the construction or operation of the major 

source or major modification. Secondary emissions do not 

include any emissions which come directly from a mobile 

source such as emissions from the tailpipe of a motor vehicle, 

from a train, or from a vessel. 

Fugitive emissions and fugitive dust from the source 

or modification are not considered secondary emissions. 

"Significant" means: 

( 1) In reference to a net emissions increase or the 

potential of a source to emit any of the following pollutants, a 

rate of emissions that would equal or exceed any of the 

following rates: 

Carbon monoxide: 100 ton per year (tpy); 

Nitrogen oxides: 40 tpy; 

Sulfur dioxide: 40 tpy; 

PM10: 15 tpy; 

Particulate matter: 25 tpy; 

Ozone: 40 tpy of volatile organic compounds; 

Lead: 0.6 tpy. 

"Solid Fuel" means wood, coal, and other similar 

organic material or combination of these materials. 

"Solvent" means organic materials which are liquid 

at standard conditions (Standard Temperature and Pressure) 

and which are used as dissolvers, viscosity reducers, or 

cleaning agents. 

"Source" means any structure, building, facility, or 

installation which emits or may emit any air pollutant subject to 

regulation under the Clean Air Act and which is located on one 

or more continuous or adjacent properties and which is under 

the control of the same person or persons under common 
- . 

,, I...., 

control. A building, structure, facility, or installation means all 

of the pollutant-emitting activities which belong to the same 

industrial grouping. Pollutant-emitting activities shall be 

considered as part of the same industrial grouping if they 

belong to the same "Major Group" (i.e. which have the same 

two-digit code) as described in the Standard Industrial 

Classification Manual, 1972, as amended by the 1977 

Supplement (US Government Printing Office stock numbers 

4101-0065 and 003..005-00176-0, respectively). 

"Stack" means any point in a source designed to emit 

solids, liquids, or gases into the air, including a pipe or duct but 

not including flares. 

"Standards of Performance for New Stationary 

Sources" means the Federally established requirements for 

performance and record keeping (Title 40 Code of Federal 

Regulations, Part 60). 

"State" means Utah State. 

"Synthesized Phannaceutical Manufacturing" means 

the manufacture of phannaceutical products by chemical 

synthesis. 

"Temporary" means not more than 180 calendar 

days. 

''Temporary Clean Coal Technology Demonstration 

Project" means a clean coal technology demonstration project 

that is operated for a period of 5 years or less, and which 

complies with the Utah State Implementation Plan and other 

requirements necessary to attain and maintain the national 

ambient air quality standards during the project and after it is 

terminated. 

'Threshold Limit Value - Ceiling (ILV-C)" means 

the airborne concentration of a substance which may not be 

exceeded, as adopted by the American Conference of 

Governmental Industrial Hygienists in its "Threshold Limit 

Values for Chemical Substances and Physical Agents and 

Biological Exposure Indices, pages 15 - 72 {2000)." 

'Threshold Limit Value - lime Weighted Average 

(IL V-TWA)" means the time-weighted airborne concentration 

of a substance adopted by the American Conference of 

Governmental Industrial Hygienists in its 'Threshold Limit 

Values for Chemical Substances and Physical Agents and 

Biological Exposure Indices, pages 15 -72 {2000)." 

''Total Suspended Particulate (TSP)" means minute 

separate particles of matter, collected by high volume sampler. 

"Toxic Screening Level" means an ambient 

concentration of an air contaminant equal to a threshold limit 

value - ceiling (ILV- C) or threshold limit value -time 

weighted average (ILV-TWA) divided by a safety factor. 

''Trash" means solids not considered to be highly 

flammable or explosive including, but not limited to clothing, 

rags, leather, plastic, rubber, floor coverings, excelsior, tree 

leaves, yard trimmings and other similar materials. 

"Volatile Organic Compound (VOC)" as defined in 

40 CPR 51.lOO{s){l), as effective on July l, 2004, and 

amended on November 29, 2004, by 69 FR 69290 and 69 FR 

69298, is hereby adopted and incorporated by reference. 

"Waste" means all solid, liquid or gaseous material, 

including, but not limited to, garbage. trash, household refuse, 

construction or demolition debris, or other refuse including that 

resulting from the prosecution of any business, trade or 

industry. 

''Zero Drift" means the change in the instrument 

metec readout over a stated period of time of normal continuous 

operation when the VOC concentration at the time of 

measurement is zero. 

KEY: air pollution, deftnitions 

Date of Enactment or Last Substantive Amendment: June 

16,2006 

Notice or Continuation: June 16, 2006 

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

104 
R307-401 

DAR No. 28325 R&R and CPR 

Effective June 16, 2006 

CERTl ED A TRUE coPY 

K..-1h A. Hansen. ()lr8dOr f-. of__. .... 1\Jial 
1(,; 

R307. Environmental Quality, Air Quality. 

R307-401. Permit: New and Modified Sources. 

R307-401-l. Pllrpolle. 

This rule establishes the application and permitting 

requirements for new installations and modifications to existing 

installations throughout the State of Utah. Additional 

permitting requirements apply to larger installations or 

installations located in nonattainment or maintenance areas. 

These additional requirements can be found in R307-403, 

R307-405, R307-406, R307-420, and R307-421. Modeling 

requirements in R307-410 may also apply. Each of the 

permitting rules establishes independent requirements, and the 

owner or operator must comply with all of the requirements 

that apply to the installation. Exemptions under R307-401 do 

not affect applicability of the other permitting rules. 

R307-401-2. Defbdtfons. 

(I) The following additional definitions apply to 

R307-401. 

"Actual emissions" (a) means the actual rate of 

emissions of an air contaminant from an emissions unit, as 

determined in accordance with paragraphs (b) through (d) 

below. 

(b) In general, actual emissions as of a particular 

date shall equal the average rate, in tons per year, at which the 

unit actually emitted the air contaminant during a consecutive 

24-month period which precedes the particular date and which 

is representative of normal source operation. The executive 

secretary shall allow the use of a different time period upon a 

determination that it is more representative of normal source 

operation. Actual emissions shall be calculated using the unit's 

actual operating hours, production rates, and types of materials 

processed, stored, or combusted during the selected time 

period. 

(c) The executive secretary may presume that 

source-specific allowable emissions for the unit are equivalent 

to the actual emissions of the unit. 

(d) For any emissions unit that has not begun normal 

operations on the particular date, actual emissions shall equal 

the potential to emit of the unit on that date. 

"Best available control technology" means an 

emissions limitation (including a visible emissions standard) 

based on the maximum degree of reduction for each air 

contaminant which would be emitted from any proposed 

stationary source or modification which the executive secretary, 

on a case-by-case basis, taking into account energy, 

environmental, and economic impacts and other costs, 

determines is achievable for such source or modification 

through application of production processes or available 

methods, systems, and techniques, including fuel cleaning or 

treatment or innovative fuel combustion techniques for control 

of such pollutant In no event shall application of best 

available control technology result in emissions of any 

pollutant which would exceed the emissions allowed by any 

applicable standard under 40 CFR parts 60 and 61. If the 

executive secretary determines that technological or economic 

limitations on the application of measurement methodology to a 

particular emissions unit would make the imposition of an 

emissions standard infeasible, a design, equipment, work 

practice, operational standard or combination thereof, inay be 

prescribed instead to satisfy the requirement for the application 

of best available control technology. Such standard shall, to 

the degree possible, set forth the emissions reduction 

achievable by implementation of such design, equipment. work 

practice or operation, and shall provide for compliance by 

means which achieve equivalent results. 

"Building, structure, facility, or installation" means 

all of the pollutant-emitting activities which belong to the same 

industrial grouping, are located on one or more contiguous or 

adjacent properties, and are under the control of the same 

person (or persons under common control) except the activities 

of any vessel. Pollutant-emitting activities shall be considered 

as part of the same industrial grouping if they belong to the 

same Major Group (i.e., which have the same two-digit code) 

as described in the Standard Industrial Classification Manual, 

1972, as amended by the 1977 Supplement (U.S. Government 

Printing Office stock numbers 4101-0066 and 003-005-00176-

0, respectively). 

"Construction" means any physical change or change 

in the method of operation (including fabrication, erection, 

installation, demolition, or modification of an emissions unit) 

that would result in a change in emissions. 

"Emissions unit" means any part of a stationary 

source that emits or would have the potential to emit any air 

contaminant 

"Fugitive emissions" means those emissions which 

could not reasonably pass through a stack, chimney, vent, or 

other functionally equivalent opening. 

"Indirect source" means a building, structure, facility 

or installation which attracts or may attract mobile source 

activity that results in emission of a pollutant for which there is 

a national standard. 

"Potential to emit" means the maximum capacity of a 

stationary source to emit an air contaminant under its physical 

and operational design. Any physical or operational limitation 

on the capacity of the source to emit a pollutant, including air 

pollution control equipment and restrictions on hours of 

operation or on the type or amount of material combusted, 

stored, or processed, shall be treated as part of its design if the 

limitation or the effect it would have on emissions is 

enforceable. Secondary emissions do not count in determining 

the potential to emit of a stationary source. 

"Secondary emissions" means emissions which occur 

as a result of the construction or operation of a major stationary 

source or major modification, but do not come from the major 

stationary source or major modification itself. Secondary 

emissions include emissions from any offsite support facility 

which would not be constructed or increase its emissions 
(' except as a result of the construction or operation of the major 

stationary source or major modification. Secondary emissions 

do not include any emissions which come directly from a 

mobile source, such as emissions from the tailpipe of a motor 

vehicle, from a train, or from a vessel. 

"Stationary source" means any building, structure, 

facility, or installation which emits or may emit an air 

contaminant 

R307-401-3. AppHcabUity. 

(I) R307-401 applies to any person intending to: 

(a) construct a new installation which will or might 

reasonably be expected to become a source or an indirect 

source of air pollution, or 

(b) make modifications or relocate an existing 

installation which will or might reasonably be expected to 

increase the amount or change the effect of, or the character of, 

air contaminants discharged, so that such installation may be 

expected to become a source or indirect source of air pollution, 

or 

(c) install a control apparatus or other equipment 

intended to control emissions of air contaminants. 

(2) R307-403, R307-405 and R307-406 may 

establish additional permitting requirements for new or 

modified sources. 

(a) Exemptions contained in R307-401 do not affect 

applicability or other requirements under R307-403, R307-405 

or R307 -406. 

(b) Exemptions contained in R307-403, R307-405 

or R307-406 do not affect applicability or other requirement$ 

under R307-401, unless specifically authorized in this rule. 

R307-401-4. General Requirements. 

The general requirements in (1) through (3) below 

apply to all new and modified installations, including 

installations that are exempt from the requirement to obtain an 

approval order. 

(1) Any control apparatus installed on an installation 

shall be adequately and properly maintained. 

(2) If the executive secretary determines that an 

exempted installation is not meeting an approval order or State 

Implementation Plan limitation, is creating an adverse impact to 

the environment, or would be injurious to human health or 

welfare, then the executive secretary may require the owner or 

operator to submit a notice of intent and obtain an approval 

order in accordance with R307-401-5 through R307-401-8. 

The executive secretary will complete an appropriate analysis 

and evaluation in consultation with the owner or operator 

before determining that an approval order is required. 

(3) Low Oxides of Nitrogen Burner Technology. 

(a) Except as provided in (b) below, whenever 

existing fuel combustion burners are replaced, the owner or 

operator shall install low oxides of nitrogen burners or 

equivalent oxides of nitrogen controls, as determined by the 

executive secretary, unless such equipment is not physically 

practical or cost effective. The owner or operator shall submit a 

demonstration that the equipment is not physically practical or 

cost effective to the executive secretary for review and approval 

prior to beginning construction. 

(b) The provisions of (a) above do not apply to noncommercial, residential buildings. 

R307-401-5. Nodce of Intent. 

(1) Except as provided in R307-401-9 through 

R307-40l-17, any person subject to R307-40l shall submit a 

notice of intent to the executive secretary and receive an 

approval order prior to initiation of construction, modification 

or relocation. The notice of intent shall be in a format specified 

by the executive secretary. 

(2) The notice of intent shall include the following 

information: 

(a) A description of the nature of the processes 

involved; the nature, procedures for handling and quantities of 

raw materials; the type and quantity of fuels employed; and the 

nature and quantity of finished product. 

(b) Expected composition and physical 

characteristics of effluent stream both before and after treatment 

by any control apparatus, including emission rates, volume, 

temperature, air contaminant types, and concentration of air 

contaminants. 

(c) Size, type and performance characteristics of any 

control apparatus. 

(d) An analysis of best available control technology 

for the proposed source or modification. When determining 

best available control technology for a new or modified source 

in an ozone nonattainment or maintenance area that will emit 

volatile organic compounds or nitrogen oxides, the owner or 

operator of the source shall consider EPA Control Technique 

Guidance (CTG) documents and Alternative Control Technique 

documents that are applicable to the source. Best available 

control technology shall be at least as stringent as any 

published CTG that is applicable to the source. 

(e) Location and elevation of the emission point and 

other factors relating to dispersion and diffusion of the air 

contaminant in relation to nearby structures and window 

openings, and other information necessary to appraise the 

possible effects of the effluent 

(f) The location of planned sampling points and the 

tests of the completed installation to be made by the owner or 

operator when necessary to ascertain compliance. 

(g) The typical operating schedule. 

(h) A schedule for construction. 

(i) Any plans, specifications and related information 

that are in final form at the time of submission of notice of 

intent. 

(j) Any additional information required by: 

(i) R307-403, Permits: New and Modified Sources 

in Nonattainment Areas and Maintenance Areas; 
(' (ii) R307-405, Pennits: Major Sources in 

Attainment or Unclassified Areas (PSD); 

(iii) R307-406, Visibility; 

(iv) R307-410, Emissions Impact Analysis; 

(v) R307-420, Permits: Ozone Offset Requirements 

in Davis and Salt Lake Counties; or 

(vi) R307-421, Permits: PMIO Offset Requirements 

in Salt Lake County and Utah County. 

(k) Any other information necessary to determine if 

the proposed source or modification will be in compliance with 

Title R307. 

(3) Notwithstanding the exemption in R307-401-9 

through 16, any person that is subject to R307-403, R307-405, 

or R307-406 shall submit a notice of intent to the executive 

secretary and receive an approval order prior to intiation of 

construction, modification, or relocation. 

R307-401-6. Renew Period. 

(I) Completeness Determination. Within 30 days 

after receipt of a notice of intent, or any additional information 

necessary to the review, the executive secretary will advise the 

applicant of any deficiency in the notice of intent or the 

information submitted. 

(2) Within 90 days of receipt of a complete 

application including all the information described in R307-

401-5, the executive secretary will 

(a) issue an approval order for the proposed 

construction, installation, modification, relocation, or 

establishment pursuant to the requirements of R307-401-8, or 

(b) issue an order prohibiting the proposed 

construction, installation, modification, relocation or 

establishment if it is deemed that any part of the proposal is 

inadequate to meet the applicable requirements of R307. 

(3) The review period under (2) above may be 

extended by up to three 30-day extensions if more time is 

needed to review the proposal. 

R307-401-7. PubHc Notice. 

(1) Issuing the Notice. Prior to issuing an approval 

or disapproval order, the executive secretary will advertise 

intent to approve or disapprove in a newspaper of general 

circulation in the locality of the proposed construction, 

installation, modification, relocation or establishment 

(2) Opportunity for Review and Comment 

(a) At least one location will be provided where the 

information submitted by the owner or operator, the executive 

secretary's analysis of the notice of intent proposal, and the 

proposed approval order conditions will be available for public 

inspection. 

(b) Public Commenl 

(i) A ten-day public comment period will be 

established. 

(ii) The public comment period in (i) above will be 

increased to 30 days for any source that is: 

(A) subject to the requirements of R307-405, 

Permits: Major Sources in Attainment or Unclassified Areas, 

(B) subject to the requirements of R307-406, 

Visibility, 

(C) subject to the requirements of R307-415, 

Operating Pennit Requirements; 

(D) a synthetic minor source in accordance with 

R307-415-4(6); 

(E) located in a nonattainment area or a maintenance 

area for any pollutant; or 

(F) subject to any standard or requirement of 42 

U.S.C. 7411 or 7412. 

(iii) A request to extend the length of the comment 

period, up to 30 days, may be submitted to the executive 

secretary: 

(A) within 10 days of the date the notice in (I) 

above is published for comment periods established under (i), 

or 

(B) within 15 days of the date the notice in (I) above 

is published for comment periods established under (ii). 

(iv) Public Hearing. A request for a hearing on the 

proposed approval or disapproval order may be submitted to 

the executive secretary: 

(A) within 10 days of the date the notice in (1) 

above is published for comment periods established under (i) 

above, or 

(B) within 15 days of the date the notice in (I above 

is published for comment periods established under (ii) above. 

(v) The hearing will be held in the area of the 

proposed construction, installation, modification, relocation or 

establishment 

(vi) The public comment and hearing procedure 

shall not be required when an order is issued for the purpose of 

extending the time required by the executive secretary to review 

plans and specifications. 

(3) The executive secretary will consider all 

comments received during the public comment period and at 

the public hearing and, if appropriate, will make changes to the 

proposal in response to comments before issuing an approval 

order or disapproval order. 

R307-401-8. Approval Order. 

(1) The executive secretary will issue an approval 

order if the following conditions have been met: 

(a) The degree of pollution control for emissions, to 

include fugitive emissions and fugitive dust, is at least best 

available control technology. When detennining best available 

control technology for a new or modified source in an ozone 

nonattainment or maintenance area that will emit volatile 

organic compounds or nitrogen oxides, best available control 

technology shall be at least as stringent as any Control 

Technique Guidance document that has been published by EPA 

that is applicable to the source. 

{-\~ 
(' 

(b) The proposed installation will meet the 

applicable requirements of: 

(i) R307-403, Pennits: New and Modified Sources 

in Nonattainment Areas and Maintenance Areas; 

(ii) R307-405, Permits: Major Sources in 

Attainment or Unclassified Areas (PSD); 

(iii) R307-406, Visibility; 

(iv) R307-410, Emissions Impact Analysis; 

(v) R307-420, Permits: Ozone Offset Requirements 

in Davis and Salt Lake Counties; 

(vi) R307-210, National Standards of Perfonnance 

for New Stationary Sources; 

(vii) National Primary and Secondary Ambient Air 

Quality Standards; 

(viii) R307-214, National Emission Standards for 

Hazardous Air Pollutants; 

(ix) R307-110, Utah State Implementation Plan; and 

(x) all other provisions of R307. 

(2) The approval order will require that all pollution 

control equipment be adequately and properly maintained. 

(3) Receipt of an approval order does not relieve any 

owner or operator of the responsibility to comply with the 

provisions of R307 or the State Implementation Plan. 

(4) To accommodate staged construction of a large 

source, the executive secretary may issue an order authorizing 

construction of an initial stage prior to receipt of detailed plans 

for the entire proposal provided that, through a review of 

general plans, engineering reports and other information the 

proposal is determined feasible by the executive secretary under 

the intent of R307. Subsequent detailed plans will then be 

processed as prescribed in this paragraph. For staged 

construction projects the previous determination under R307-

401-8(1) and (2) will be reviewed and modified as appropriate 

at the earliest reasonable time prior to commencement of 

construction of each independent phase of the proposed source 

or modification. 

(5) If the executive secretary determines that a 

proposed stationary source, modification or relocation does not 

meet the conditions established in (1) above, the executive 

secretary will not issue an approval order. 

R307-401-9. Small Source Exemption. 

(1) A small stationary source is exempted from the 

requirement to obtain an approval order in R307-401-5 through 

8 if the following conditions are met. 

(a) its actual emissions are less than 5 tons per year 

per air contaminant of any of the following air contaminants: 

sulfur dioxide, carbon monoxide, nitrogen oxides, PM to. ozone, 

or volatile organic COflllOunds; 

(b) its actual emissions are less than 500 pounds per 

year of any hazardous air pollutant and less than 2000 pounds 

per year of any combination of hazardous air pollutants; 

(c) its actual emissions are less than 500 pounds per 

year of any air contaminant not listed in (a)( or (b) above and 

less than 2000 pounds per year of any combination of air 

contaminants not listed in (a) or (b) above. 

(d) Air contaminants that are drawn from the 

environment through equipment in intake air and then are 

released back to the environment without chemical change, as 

well as carbon dioxide, nitrogen, oxygen, argon, neon, helium, 

krypton, xenon should not be included in emission calculations 

when determining applicability under (a) through (c) above. 

(2) Tile owner or operator of a source that is 

exempted from the requirement to obtain an approval order 

under (1) above shall no longer be exempt if actual emissions 

in any subsequent year exceed the emission thresholds in (1) 

above. The owner or operator shall submit a notice of intent 

under R307-401-5 no later than 180 days after the end of the 

calendar year in which the source exceeded the emission 

threshold. 

(3) Small Source Exemption - Registration. The 

executive secretary will maintain a registry of sources that are 

claiming an exemption under R307-401-9. The owner or 

operator of a stationary source that is claiming an exemption 

under R307-401-9 may submit a written registration notice to 

the executive secretary. The notice shall include the following 

minimum information: 

(a) identifying information, including company 

name and address, location of source, telephone number, and 

name of plant site manager or point of contact; 

(b) a description of the nature of the processes 

involved, equipment, anticipated quantities of materials used, 

the type and quantity of fuel employed and nature and quantity 

of the finished product; 

(c) identification of expected emissions; 

(d) estimated annual emission rates; 

(e) any control apparatus used; and 

(f) typical operating schedule. 

(4) An exemption under R307-401-9 does not affect 

the requirements of R307-40 1-17, Temporary Relocation. 

R307-401-10. Source Category Exemptions. 

The following source categories described in (1) 

through (5) below are exempted from the requirement to obtain 

an approval order. The general provisions in R307-401-4 shall 

apply to these sources. 

(I) Fuel-burning equipment in which combustion 

takes place at no greater pressure than one inch of mercury 

above ambient pressure with a rated capacity of less than five 

million BTU per hour using no other fuel than natural gas or 

LPG or other mixed gas that meets the standards of gas 

distributed by a utility in accordance with the rules of the 

Public Service Commission of the State of Utah, unless there 

are emissions other than combustion products. 

(2) Comfort heating equipment such as boilers, 

water heaters, air heaters and steam generators with a rated 

capacity of less than one million BTU per hour if fueled only 

by fuel oil numbers 1 - 6, 
(3) Emergency heating equipment, using coal or 

wood for fuel, with a rated capacity less than 50,000 8111 per 

hour. 

(4) Exhaust systems for controlling steam and beat 

that do not contain combustion products. 

R307-401-11. Replacement-In-Kind Equipment. 

(I) Applicability. Existing process equipment or 

pollution control equipment that is covered by an existing 

approval order or State Implementation Plan requirement may 

be replaced using the procedures in (2) below if: 

(a) the potential to emit of the process equipment is 

the same or lower, 

(b) the number of emission points or emitting units 

is the same or lower; 

(c) no additional types of air contaminants are 

emitted as a result of the replacement; 

(d) the process equipment or pollution control 

equipment is identical to or functionally equivalent to the 

replaced equipment; 

(e) the replacement does not change the basic design 

parameters of the process unit or pollution control equipment; 

(f) the replaced process equipment or pollution 

control equipment is permanently removed from the stationary 

source, otherwise permanently disabled, or permanently barred 

from operation; 

(g) the replaced process equipment or pollution 

control equipment does not trigger New Source Performance 

Standards or National Emissions Standards for Hazardous Air 

Pollutants under 42 U.S.C. 7411 or 7412; and 

(h) the replacement of the control apparatus or 

process equipment does not violate any other provision of Title 

R307. 

(2) Replacement-in-Kind Procedures. 

(a) In lieu of filing a notice of intent under R307-

401-5, the owner or operator of a stationary source shall submit 

a written notification to the executive secretary before replacing 

the equipment. The notification shall contain a description of 

the replacement-in-kind equipment, including the control 

capability of any control apparatus and a demonstration that the 

conditions of (1) above are met 

(b) If the replacement-in-kind meets the conditions 

of (1) above, the executive secretary will update the source's 

approval order and notify the owner or operator. Public review 

under R307-401-7 is not required for the update to the approval 

order. 

(3) If the replaced process equipment or pollution 

control equipment is brought back into operation, it shall 

constitute a new emissions unit 

R307-401-12. Reduc:tion In Air Contaminants. 

(1} Applicability. The owner or operator of a 

stationary source of air contaminants that reduces or eliminates 

air contaminants is exempt from the approval order 

requirements ofR307-401-5 through 8 if: 

(a) the project does not increase the potential to emit 

of any air contaminant or cause emissions of any new air 

contaminant, and 

(b) the executive secretary is notified of the change 

and the reduction of air contaminants is made enforceable 

through an approval order in accordance with (2) below. 

(2) Notification. The owner or operator shall submit 

a written description of the project to the executive secretary no 

later than 60 days after the changes are made. The executive 

secretary will update the source's approval order or issue a new 

approval order to include the project and to make the emission 

reductions enforceable. Public review under R307 -401-7 is not 

required for the update to the approval order. 

R307-401-13. Plantwide AppUcabiUty Limits. 

A plantwide applicability limit under R307-405-21 

does not exempt a stationary source from the requirements of 

R307-401. 

R307-401-14. Used Oil Fuel Burned for Energy Recovery. 

(1) Definitions. 

"Boiler" means boiler as defined in R315-l-l that 

incorporates by reference the term "boiler" in 40 CFR 260.10, 

2000 ed., as amended by 67 FR 2962, January 22, 2002. 

"Used Oil" is defined as any oil that has been refined 

from crude oil, used, and, as a result of such use contaminated 

by physical or chemical impurities. 

(2) Boilers burning used oil for energy recovery are 

exempted from the requirement to obtain an approval order in 

R307-401-5 through 8 if the following requirements are met 

(a) the heat input design is less than one million 

BTU/hr; 

(b) contamination levels of all used oil to be burned 

do not exceed any of the following values: 

(i) arsenic - 5 ppm by weight, 

(ii} cadmium - 2 ppm by weight, 

(iii) chromium- 10 ppm by weight, 

(iv) lead- 100 ppm by weight, 

(v) total halogens- 1,000 ppm by weight, 

(vi) Sulfur- 0.50% by weight; and 

(c) the flash point of all used oil to be burned is at 

least 100 degrees Fahrenheit 

(3) Testing. The owner or operator shall test each 

load of used oil received or generated as directed by the 

executive secretary to ensure it meets these requirements. 

Testing may be performed by the owner/operator or 

documented by test reports from the used fuel oil vendor. The 

flash point shall be measured using the appropriate ASTM 

method as required by the executive secretary. Records for used 

oil consumption and test reports are to be kept for all periods 

when fuel-burning equipment is in operation. The records shall 

be kept on site and made available to the executive secretary or 
1(., 

the executive secretary's representative upon request Records 

must be kept for a three-year period. 

R307-401-15. Air Strippers and Soil Venting Projects. 

(1) The owner or operator of an air stripper or soil 

venting system that is used to remediate contaminated 

groundwater or soil is exempt from the notice of intent and 

approval order requirements of R307-401-5 through 8 if the 

following conditions are met: 

(a) the estimated total air emissions of volatile 

organic compounds from a given project are less than the de 

minimis emissions listed in R307-401-9(l)(a), and 

(b) the level of any one hazardous air pollutant or 

any combination of hazardous air pollutants is below the levels 

listed in R307-410-5(1)(d). 

(2) The owner or operator shall submit 

documentation that the project meets the exemption 

requirements in (l) above to the executive secretary prior to 

beginning the remediation project. 

(3) After beginning the soil remediation project, the 

owner or operator shall submit emissions information to the 

executive secretary to verify that the emission rates of the 

volatile organic compounds and hazardous air pollutants in (1) 

above are not exceeded. Emissions estimates of volatile organic 

compounds and hazardous air pollutants shall be based on test 

data obtained in accordance with the test method in the EPA 

document SW-846, Test #8020 or #8021 or other test or 

monitoring method approved by the executive secretary. 

Results of the test and calculated annual quantity of emissions 

of volatile organic compounds and hazardous air pollutants 

shall be submitted to the executive secretary within one month 

of sampling. The test samples shall be drawn on intervals of no 

less than twenty-eight days and no more than thirty-one days 

(i.e., monthly) for the first quarter, quarterly for the first year, 

and semi-annually thereafter or as determined necessary by the 

executive secretary. 

(4) The following control devices do not require a 

notice of intent or approval order when used in relation to an 

air stripper or soil venting project exempted under R307-401-

15: 

(a) thermodestruction unit with a rated input 

capacity of less than five million B1U per hour using no other 

auxiliary fuel than natural gas or LPG, or 

(b) carbon adsorption unit 

R307-401-16. De mininU Emissions From Soil Aeration 

Projects. 

An owner or operator of a soil remediation project is 

not subject to the notice of intent and approval order 

requirements of R307-401-5 through 8 when soil aeration or 

land farming is used to conduct a soil remediation, if the owner 

or operator submits the following information to the executive 

secretary prior to beginning the remediation project: 

( 1) documentation that the estimated total air 

emissions of volatile organic compounds, using an appropriate 

sampling method, from the project are less than the de minimis 

emissions listed in R307-401-9(l)(a); 

(2) documentation that the levels of any one 

hazardous air pollutant or any combination of hazardous air 

pollutants are less than the levels in R307-410-5(l)(d); and 

(3) the location of the remediation and where the 

remediated material originated. 

R307-401-17. Temporary Relocation. 

The owner or operator of a stationary source 

previously approved under R307-401 may temporarily relocate 

and operate the stationary source at any site for up to 180 

working days in any calendar year not to exceed 365 

consecutive days, starting from the initial relocation date. The 

executive secretary will evaluate the expected emissions impact 

at the site and compliance with applicable Title R307 rules as 

the bases for determining if approval for temporary relocation 

may be granted. Records of the working days at each site, 

consecutive days at each site, and actual production rate shall 

be submitted to the executive secretary at the end of each 180 

calendar days. These records shall also be kept on site by the 

owner or operator for the entire project, and be made available 

for review to the executive secretary as requested. R307-401-7, 

Public Notice, does not apply to temporary relocations under 

R307-401-17. 

R307-401-18. Eighteen Month Review. 

Approval orders issued by the executive secretary in 

accordance with the provisions of R307-401 will be reviewed 

eighteen months after the date of issuance to determine the 

status of construction, installation, modification, relocation or 

establishment. If a continuous program of construction, 

installation, modification, relocation or establishment is not 

proceeding, the executive secretary may revoke the approval 

order. 

R307-401-19. Analysis or Alternatives. 

The owner or operator of a major new source or 

major modification to be located in a nonattainment or 

maintenance area or which would impact a nonattainment or 

maintenance area must, in addition to the requirements in 

R307-401, submit with the notice of intent an adequate analysis 

of alternative sites, sizes, production processes, and 

environmental control techniques for such proposed source 

which demonstrates that benefits of the proposed source 

significantly outweigh the environmental and social costs 

imposed as a result of its location, construction, or 

modification. The executive secretary shall review the analysis. 

The analysis and the executive secretary's comments shall be 

subject to public comment as required by R307-401-7. The 

preceding shall also apply in Salt Lake and Davis Counties for 

new major sources or modifications which are considered 
(' 

R307-410 

DAR No. 28323 AMD and CPR 

Effective June 16, 2006 

CERTIFIED A TRUE COPY 

J . ~enneth A. Hansen. Olredor 

'1 {V [)lvlsiOn of Administrative Rul88 

c 
R307. Environmental Quality, Air Quality. 

R307-410. Pennits: Emissions Impact Analysis. 

R307-410.1. PurpcJse. 

This rule establishes the procedures and requirements 

for evaluating the emissions impact of new or modified sources 

that require an approval order under R307 -40 I to ensure that 

the source will not interfere with the attainment or maintenance 

of any NAAQS. The rule also establishes the procedures and 

requirements for evaluating the emissions impact of hazardous 

air pollutants. The rule also establishes the procedures for 

establishing an emission rate based on the good engineering 

practice stack height as required by 40 CFR 51.118. 

R307-410.1. Dellnidons. 

(I) The following additional definitions apply to 

R307-410. 

"Vertically Restricted Emissions Release" means the 

release of an air contaminant through a stack or opening whose 

flow is directed in a downward or horizontal direction due to 

the alignment of the opening or a physical obstruction placed 

beyond the opening. or at a height which is Jess than 1.3 times 

the height of an adjacent building or structure, as measured 

from ground level. 

"Vertically Unrestricted Emissions Release" means 

the release of an air contaminant through a stack or opening 

whose flow is directed upward without any physical obstruction 

placed beyond the opening, and at a height which is at least 1.3 

times the height of an adjacent building or structure, as 

measured from ground level. 

(2) Except as provided in (3) below, the definitions 

of "stack", "stack in existence", "dispersion technique", "good 

engineering practice (GEP) stack height", "nearby", "excessive 

concentration", and "intermittent control system (ICS)" in 40 

CFR 51.100(ft) through (kk) and (nn) effective July 1, 2005 are 

hereby incorporated by reference. 

(3)(a) The terms "reviewing authority" and 

"authority administering the State implementation plan" shall 

mean the executive secretary. 

(b) The reference to "40 CFR parts 51 and 52" in 40 

CFR 51.100(ii}(2)(i) shall be changed to "R307-401, R307-403 

and R307-405". 

(c) The phrase "For sources subject to the prevention 

of significant deterioration program ( 40 CFR 51.1 66 and 

52.21)" in 40 CFR 51.100(kk)(l) shall be replaced with the 

phrase "For sources subject to R307-401, R307-403, or R307-

405". 

R307-410.3. Use of Dispersion Models. 

All estimates of ambient concentrations derived in 

meeting the requirements of R307 shall be based on 

appropriate air quality models, data bases, and other 

requirements specified in 40 CFR Part 51, Appendix W, 

(Guideline on Air Quality Models), effective July 1, 2005, 

which is hereby incorporated by reference. Where an air quality 

model specified in the Guideline on Air Quality Models or 

other EPA approved guidance documents is inappropriate, the 

executive secretary may authorize the modification of the 

model or substitution of another model. In meeting the 

requirements of federal law, any modification or substitution 

will be made only with the written approval of the 

Administrator, EPA. 

R307-410-4. Modeling of Criteria Pollutant Impacts in 

Attainment Areas. 

Prior to receiving an approval order under R307 -40 I, 

a new source in an attainment area with a total controlled 

emission rate per pollutant greater than or equal to amounts 

specified in Table 1, or a modification to an existing source 

located in an attainment area which increases the total 

controlled emission rate per pollutant of the source in an 

amount greater than or equal to those specified in Table 1, shall 

conduct air quality modeling, as identified in R307-410-3, to 

estimate the impact of the new or modified source on air quality 

unless previously performed air quality modeling for the source 

indicates that the addition of the proposed emissions increase 

would not violate a National Ambient Air Quality Standard, as 

determined by the Executive Secretary. 

POLLUTANT 

sulfur dioxide 

oxides of nitrogen 

PM10 - fugitive emissions 

and fugitive dust 

TABLE 1 

EMISSIONS 

40 tons per year 

40 tons per year 

5 tons per year 

PM10 - non-fugitive etn1ssions 15 tons per year 

or non-fugitive dust 

carbon 1110nox1de 

lead 

100 tons per year 

0.6 tons per year 

R307-410.5. Documentation of Ambient Air Impacts for 

Hazardous Air Pollutants. 

(1) Prior to receiving an approval order under R307-

401, a source shall provide documentation of increases in 

emissions of hazardous air pollutants as required under (c) 

below for all installations not exempt under (a) below. 

(a) Exempted Installations. 

(i) The requirements of R307-410-5 do not apply to 

installations which are subject to or are scheduled to be subject 

to an emission standard promulgated under 42 U.S.C. 7412 at 

the time a notice of intent is submitted, except as defined in (ii) 

below. This exemption does not affect requirements otherwise 

applicable to the source, including requirements under R307-

401. 

(ii) The executive secretary may, upon making a 

written determination that the delay in the implementation of an 

emission standard under R307-214-2, that incorporates 40 CFR 

Part 63, might reasonably be expected to pose an unacceptable 
risk to public health, require, on a case-by-case basis, notice of 

intent documentation of emissions consistent with (c) below. 

(A) The executive secretary will notify the source in 

writing of the preliminary decision to require some or all of the 

documentation as listed in (c) below. 

(B) The source may respond in writing within thirty 

days of receipt of the notice, or such longer period as the 

executive secretary approves. 

(C) In making a final determination, the executive 

secretary will document objective bases for the determination, 

which may include public information and studies, documented 

public comment, the applicant's written response, the physical 

and chemical properties of emissions, and ambient monitoring 

data. 

(b) Lead Compounds Exemption. The requirements 

of R307-410-5 do not apply to emissions of lead compounds. 

Lead compounds shall be evaluated pursuant to requirements of 

R307-410-4. 

(c) Submittal Requirements. 

(i) Each applicant's notice of intent shall include: 

(A) the estimated maximum pounds per hour 

emission rate increase from each affected installation, 

(8) the type of release, whether the release flow is 

vertically restricted or unrestricted, the maximum release 

duration in minutes per hour, the release height measured from 

the ground, the height of any adjacent building or structure, the 

shortest distance between the release point and any area defined 

as "ambient air" under 40 CFR SO.l(e), effective July 1, 2005, 

which is hereby incorporated by reference for each installation 

for which the source proposes an emissions increase, 

(C) the emission threshold value, calculated to be 

the applicable threshold limit value - time weighted average 

(TLV-1WA) or the threshold limit value - ceiling (TLV-C) 

multiplied by the appropriate emission threshold factor listed in 

Table 2, except in the case of arsenic, benzene, beryllium, and 

ethylene oxide which shall be calculated using chronic 

emission threshold factors, and formaldehyde, which shall be 

calculated using an acute emission threshold factor. For acute 

hazardous air pollutant releases having a duration period less 

than one hour, this maximum pounds per hour emission rate 

shall be consistent with an identical operating process having a 

continuous release for a one-hour period. 

TABLE 2 

EMISSION THRESIO.D FACTORS FOR HAZARDOUS AIR POLLUTANTS 

(cubic meter pounds per 111ll1gra hour) 

VERTICALLY-RESTRICTED AND FUGITIVE EMISSION RELEASE POINTS 

DISTANCE TO 

PROPERTY BOUNDARY ACUTE CHRONIC CARCINOGENIC 

zo Meters or 1 ess 0.038 0.051 0.017 

21 - 50 Meters 0.051 0.066 o.ozz 

51 - 100 Meters 0.092 0.123 0.041 

Beyond 100 Meters 0.180 0.269 0.090 

VERTICALLY-UNRESTRICTED EMISSION RELEASE POINTS 

DISTANCE lO 

PROPERTY IIOUNlARY 

50 Meters or 1 ess 

51 - 100 Meters 

Beyond 100 Meters 

ACUTE 

0.154 

0.2Z4 

0.310 

CIIWNIC CARCINOGENIC 

0.198 0.066 

0.244 0.081 

0.368 0.123 

(ii) A source with a proposed maximum pounds per 

hour emissions increase equal to or greater than the emissions 

threshold value shall include documentation of a comparison of 

the estimated ambient concentration of the proposed emissions 

with the applicable toxic screening level specified in (d) below. 

(iii) A source with an estimated ambient 

concentration equal to or greater than the toxic screening level 

shall provide additional documentation regarding the impact of 

the proposed emissions. The executive secretary may require 

such documentation to include, but not be limited to: 

(A) a description of symptoms and adverse health 

effects that can be caused by the hazardous air pollutant, 

(B) the exposure conditions or dose that is sufficient 

to cause the adverse health effects, 

(C) a description of the human population or other 

biological species which could be exposed to the estimated 

concentration. 

(D) an evaluation of land use for the impacted areas, 

(E) the environmental fate and persistency. 

(d) Toxic Screening Levels and Averaging Periods. 

(i) The toxic screening level for an acute hazardous 

air pollutant is 1/lOth the value of the TI.V-C, and the 

applicable averaging period shall be: 

(A) one hour for emissions releases having a 

duration period of one hour or greater, 

(B) one hour for emission releases having a duration 

period less than one hour if the emission rate used in the model 

is consistent with an identical operating process having a 

continuous release for a one-hour period or more, or 

(C) the dispersion model's shortest averaging period 

when using an applicable model capable of estimating ambient 

concentrations for periods of less than one hour. 

(ii) The toxic screening level for a chronic hazardous 

air pollutant is l/30th the value of the TI.V- TWA, and the 

applicable averaging period shall be 24 hours. 

(iii) The toxic screening level for all carcinogenic 

hazardous air pollutants is 1/90 the value of the 1l..V-1WA, 

and the applicable averaging period shall be 24 hours, except in 

the case of formaldehyde which shall be evaluated consistent 

with (d)(i) above and arsenic, benzene, beryllium, and ethylene 

oxide which shall be evaluated consistent with (d)(ii) above. 

R307-410.6. Stack Heights and Dispersion Techniques. 

(- \'\ 
( 1) The degree of emission limitation required of any 

source for control of any air contaminant to include 

determinations made under R307-401, R307-403 and R307-

405, must not be affected by so much of any source's stack 

height that exceeds good engineering practice or by any other 

dispersion technique except as provided in (2) below. This does 

not restrict, in any manner, the actual stack height of any 

source. 

(2) The provisions in R307-410-6 shall not apply to: 

(a) stack heights in existence, or dispersion 

techniques implemented on or before December 31, 1970, 

except where pollutants are being emitted from such stacks or 

using such dispersion techniques by sources which were 

constructed or reconstructed, or for which major modifications 

were carried out after December 31, 1970; or 

(b) coal-fired steam electric generating units subject 

to the provisions of Section 118 of the Clean Air Act, which 

commenced operation before July 1, 1957, and whose stacks 

were constructed under a construction contract awarded before 

February 8, 1974. 

(3) The executive secretary may require the source 

owner or operator to provide a demonstration that the source 

stack height meets good engineering practice as required by 

R307 -410-6. 

KEY: air pollution, modeling, hazardous air poUutant, 

stack height 

Date of Enacbnent or Last Substantive Amendment: June 

16,2006 

NoticeorCOntinuatlon: June16,2006 

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

104 
(._,· 

major for precursors of ozone, including volatile organic 

compounds and nitrogen oxides. 

R307-401-20. Relaxation ofUmltatlons. 

At a time that a source or modification to be located 

in a nonattainment or maintenance area or which would impact 

a nonattainment or maintenance area becomes a major source 

or major modification because of a relaxation of any 

enforceable limitation which was established after August 7, 

1980, on the capacity of a source or modification otherwise to 

emit a pollutant, such as a restriction on the hours of operation, 

then the preconstruction requirements shall apply to the source 

as though construction had not yet commenced on the source or 

modification. 

KEY: air pollution, pennts, approval orden 

Date of Enactment or Last Substandve Amendment: June 

16,2006 

Notice of Condnuatlon: June 16, 2006 

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

104(3)(q); 19-2-108 
(~------------N_O_T_IC_E_s_o __ F_R_U_LE __ E_FF_E_C_T_IV_E_D_A_T_E_s __________ __ 

These are the effective dates of PROPOSED RULES or CHANGES IN PROPOSED RULES published in earlier editions of 

the Utah State Bulletin. These effective dates are at least 31 days and not more than 120 days after the date the 

following rules were published. 

Abbreviations 

AMD = Amendment 

CPR = Change in Proposed Rule 

NEW = New Rule 

R&R = Repeal and Reenact 

REP= Repeal 

Administrative Services 

Finance 

No. 28702 (AMD): R25-7. Travel-Related 

Reimbursements for State Employees. 

Published: May 15, 2006 

Effective: July 1, 2006 

Risk Management 

No. 28667 (R&R): R37 -4. Adjusted Utah Governmental 

Immunity Limitations on Judgments. 

Published: May 15, 2006 

Effective: July 1, 2006 

Commerce 

Occupational and Professional Licensing 

No. 28621 (AMD): R156-1. General Rules of the 

Division of Occupational and Professional Licensing. 

Published: May 15, 2006 

Effective: June 19, 2006 

No. 28674 (AMD): R156-40. Recreational Therapy 

Practice Act Rules. 

Published: May 15, 2006 

Effective: June 22, 2006 

No. 28672 (AMD): R156-60b. Marriage and Family 

Therapist Licensing Act Rules. 

Published: May 15, 2006 

Effective: June 19, 2006 

Real Estate 

No. 28520 (AMD): R162-2-2. Licensing Procedure. 

Published: March 1, 2006 

Effective: June 21, 2006 

No. 28520 (CPR): R162-2-2. Licensing Procedure. 

Published: May 1, 2006 

Effective: June 21, 2006 

No. 28597 (AMD): R162-8-8. 

Proceedings. 

Published: May 1, 2006 

Effective: June 21, 2006 

Administrative 

UTAH STATE BUUETJN, July 15, 2006, Vol. 2006, No. 14 

No. 28668 (AMD): R162-10. Administrative Procedures. 

Published: May 15, 2006 

Effective: June 21, 2006 

No. 28665 (AMD): R162-102-3. Renewal. 

Published: May 15, 2006 

Effective: June 28, 2006 

No. 28666 (AMD): R162-105-1. Scope of Authority. 

Published: May 15, 2006 

Effective: June 28, 2006 

Environmental Quality 

Air Quality 

No. 28545 (AMD): R307-101-2. Definitions. 

Published: April 1, 2006 

Effective: June 16, 2006 

No. 28320 (AMD): R307-110-9. Section VIII, Prevention 

of Significant Deterioration. 

Published: December 1, 2005 

Effective: June 16, 2006 

No. 28320 (CPR): R307-110-9. Section VIII, Prevention 

of Significant Deterioration. 

Published: April 1, 2006 

Effective: June 16, 2006 

No. 28544 (AMD): R307-325. Davis and Salt Lake 

Counties and Ozone Nonattainment Areas: Ozone 

Provisions. 

Published: April 1, 2006 

Effective: June 16, 2006 

No. 28325 (R&R): R307-401. Permit: Notice of Intent 

and Approval Order. 

Published: December 1, 2005 

Effective: June 16, 2006 

No. 28325 (CPR): R307-401. Permit: New and Modified 

Sources. 

Published: April 1, 2006 

Effective: June 16, 2006 

No. 28322 (R&R): R307-405. Permits: Major Sources in 

Attainment or Unclassified Areas (PSD). 

Published: December 1, 2005 

Effective: June 16, 2006 

No. 28322 (CPR): R307-405. Permits: Major Sources in 

Attainment or Unclassified Areas (PSD). 

Published: April 1, 2006 

Effective: June 16, 2006 
!I' 

-~ 

No. 28323 (AMD): R307-410. Permits: Emissions 

Impact Analysis. 

Published: December 1, 2005 

Effective: June 16, 2006 

No. 28323 (CPR): R307-410. Permits: Emissions 

Impact Analysis. 

Published: April 1, 2006 

Effective: June 16, 2006 

No. 28546 (REP): R307 -413. Permits: Exemptions and 

Special Provisions. 

Published: April 1, 2006 

Effective: June 16, 2006 

No. 28502 (AMD): R307 -801. Asbestos. 

Published: March 1, 2006 

Effective: June 16, 2006 

Health 

Health Care Financing, Coverage and Reimbursement 

Policy 

No. 28582 (AMD): R414-52. Optometry Services. 

Published: April 15, 2006 

Effective: July 1, 2006 

No. 28583 (AMD): R414-53. Eyeglasses Services. 

Published: April 15, 2006 

Effective: July 1, 2006 

No. 28698 (AMD): R414-303-7. Foster Care. 

Published: May 15, 2006 

Effective: July 1, 2006 

No. 28680 (AMD): R414-304-11. Income Standards. 

Published: May 15,2006 

Effective: July 1, 2006 

No. 28699 (AMD): R414-504. Nursing Facility 

Payments. 

Published: May 15, 2006 

Effective: July 1, 2006 

Human Resource Management 

Administration 

No. 28692 (AMD): R477-1. Definitions. 

Published: May 15, 2006 

Effective: July 1, 2006 

No. 28689 (AMD): R477-2. Administration. 

Published: May 15, 2006 

Effective: July 1, 2006 

No. 28691 (AMD): R477-4. Filling Positions. 

Published: May 15, 2006 

Effective: July 1, 2006 

UTAH STATE BULLETIN, July 15, 2006, Vol. 2006, No. 14 

NOTICES OF RULE EFFECTIVE DATES 

No. 28681 (AMD): R477-5. Employee Status and 

Probation. 

Published: May 15, 2006 

Effective: July 1,-2006 

No. 28688 (AMD): R477-6. Compensation. 

Published: May 15, 2006 

Effective: July 1, 2006 

No. 28570 (AMD): R477-7. Leave. 

Published: April 15, 2006 

Effective: July 1, 2006 

No. 28690 (AMD): R477-7. Leave. 

Published: May 15, 2006 

Effective: July 1, 2006 

No. 28682 (AMD): R477-8. Working Conditions. 

Published: May 15, 2006 

Effective: July 1, 2006 

No. 28687 (AMD): R477-9. Employee Conduct. 

Published: May 15, 2006 

Effective: July 1, 2006 

No. 28684 (AMD): R477-10. Employee Development. 

Published: May \15, 2006 

Effective: July 1, 2006 

No. 28683 (AMD): R477-11. Discipline. 

Published: May 15, 2006 

Effective: July 1, 2006 

No. 28685 (AMD): R477-12. Separations. 

Published: May 15, 2006 

Effective: July 1, 2006 

No. 28686 (AMD): R477-14. Substance Abuse and 

Drug-Free Workplace. 

Published: May 15, 2006 

Effective: July 1, 2006 

Human Services 

Child and Family Services 

No. 28662 (AMD): R512-305. Out of Home Services, 

Independent Living Services. 

Published: May 15, 2006 

Effective: June 19, 2006 

No. 28663 (AMD): R512-306. Independent Living 

Services, Education and Training Voucher Program. 

Published: May 15, 2006 

Effective: June 19, 2006