## 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 ofAdministrative Documentation for the revision ofUtah'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 stafftoward early approval ofthis submittal.

Enclosures

ISO North 1950West • 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.govJON M. HUNTSMAN, JR. Gowmor

GARY R. HERBERT LieulelliUII Governor 

# Office ofthe 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- 410. These rules were amended as 

## part ofthe process ofimplementing the new federal New Source Review reformrequirements.
Supporting documentation is being submittedby the Utah Division ofAir 

## Quality. If 

## you have questions about this request, you may call Richard W. 

## Sprott, Director ofthe Utah Division ofAir Quality, at (801) 536-4022.

Sincere:y/__,---- A

# t\.,..1~,. 

# Uon M. 

## Huntsman, Jr. Governor

Enclosures

East Capitol Complex Building, Suite E220, SaltLake City, Utah 84114

# UTAH

Administrative Documentation

NSRRules R307-101-2, Definitions; R307-401 Permit: Notice ofIntent and Approval Order; R307-410: Permit: Emissions Impact Analysis



# State ofUtah Department ofEnvironmental Quality Division ofAir 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 ofIntent and Approval Order; R307-410:

Legal Authority 

## Permit: Emissions Impact Analysis



# ADMINISTRATIVE DOCUMENTATION Table ofContents

Utah Code Title 19, Chapter 2, 

### Air Conservation Act

........................................................................................ 1 

### Utah Code Title 63, Chapter46a, Administrative RulemakingAct

................................................................... 

### 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 Textofrule

.......................................................................................................................P - 2 R307-401: DARBulletin (December 1, 2005) Rule Analysis Form, DAR #28325

......................................P- 7 Text ofrule

.......................................................................................................................P - 8 R07-410: DAR Bulletin (December 1, 2005) Rule Analysis Form, DAR #28323

......................................P- 18 Text ofrule

.....................................................................................................................P- 19 Public Hearing 

### Affidavit ofnewspaper 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 ofrule

...................................................................................................................... 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

# J

J

# L TITLE 19 ENVIRONMENTAL QUALITY CODE
Chapter2 Air Conservation Act
Last amended April 22, 2005



### 19-2-101. Shorttitle

- Policy ofstate and purposeofchapter •• Support oflocal and regional programs-· Provision ofcoordinated statewide program. (1) 

### This chapter is known

as 

### the 11

### AirConservation Act. II 

### (2) 

### Itis the policy ofthis state and the purpose ofthis chapterto achieve and maintain levels of airquality 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 ofthe people, promote the economic and social development ofthis state, and facilitate the enjoyment ofthe natural attractions ofthis state. (3) 

### Local and regional air pollution control programs shall be supported to the extent practicable asessential instruments to secure and maintain appropriate levels ofair quality. (4) Thepurpose ofthis chapter is to: (a) provide for a coordinated statewideprogramofair pollutionprevention, abatement, and control; (b) provide for an appropriate distribution ofresponsibilities among the state and local units of government; (c) facilitate cooperation acrossjurisdictional lines in dealing with problems ofair pollution not confined within singlejurisdictions; and (d) provide a framework within which air quality may be protected and consideration given to the public interest at 

### all levels ofplanning 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 ofthem, excluding steam and water vapors. (2) 

### "Air contaminant source" means all sources ofemission ofair contaminants whether privately orpublicly owned or operated. (3) 

### "Airpollution" means the presence in the ambient air ofone or more air contaminants in the quantities andduration and under conditions and circumstances as is ortends tobe injurious to human health orwelfare, 

### animal orplant life, orproperty, orwould unreasonably interfere with the enjoyment oflife oruse ofproperty, as determinedby the rules adopted by the board. (4) "Ambient air" means 

### the surrounding oroutside 

### air. (5) "Asbestos" means 

### the asbestiform varieties ofserpentine (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,

orto assess 

### the condition of, asbestos-containing material or suspected asbestos-containing material, whetherby visual orphysical examination. orby taking samples ofthe material. (8) (a) "Board" means the Air Quality Board. (b) "Board" means, as used in Sections 19-2-123through 19-2-126, the Air Quality Board or

From Website ofUtah Legislature PrintedApril 14, 2006

- 1

-

### the Water Quality Board. (9) "Executive secretary" means the executive secretary ofthe board. {10) (a) "Facility" means machinery, equipment, structures, orany part or accessories ofthem, installed oracquired for the primary purpose ofcontrolling ordisposing ofairpollution. (b) "Facility" does not include an air conditioner, fan, or other similarfacility for the comfort ofpersonnel. ( 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, orreduce 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 ofa 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, ordevice,

or any addition to, reconstruction, replacement orimprovement of, land or an existing structure, building, installation, excavation, machinery, equipment, ordevice reasonably used, erected, constructed, acquired, or installed by any person ifthe primary purpose ofthe use, erection, construction, acquisition, or installation is the prevention, control, orreduction of

### air or water pollution by: (i) 

### the disposal orelimination oforredesign to eliminate waste andthe use oftreatment works for industrial waste as defined inTitle 19, Chapter 5, Water Quality Act; or (ii) 

### the disposal, elimination, orreduction oforredesign to eliminate orreduce 

### air contaminants or

### airpollution oraircontamination sources and 

### the use ofair 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 ofa public or quasi-public sewerage system.



## 19-2-103. Members ofboard-- 

## Appointment-- Terms-- Organization-- Perdiem and expenses. (1)The board comprises 11 members, one ofwhom shall be 

### the executive director and ten ofwhom shall be appointed by 

### the governor with the consent ofthe 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) tworepresentatives of

### the public notrepresenting or connected with industry, at least one of whomrepresents organized environmental interests. (3) No more than five ofthe appointed members shall belong to 

### the same political party. (4) 

### The majority of

### the members may not derive any significant portion oftheir income from persons subject to pennits ororders under this chapter. Any potential conflict ofinterest ofany member orthe executive secretary, relevant tothe interests ofthe 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 ofthe 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 offour

From Website ofUtah Legislature PrintedApril 14, 2006 -2- 

# J

J

J

# ..<.; years. (b) Notwithstanding the requirements ofSubsection (6)(a), the governor shall, at the time of appointment or reappointment, adjust the length ofterms toensure thatthe terms ofboard members are staggered so that approximately halfof

## the board is appointed every two years. (7) Members may serve more than one term. (8) Members shall hold office until the expiration oftheir terms and until their successors are appointed. butnotmore than 90 days after the expiration oftheirterms. (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 chairfrom its members. (11) (a) The 

### board shall meet at least quarterly, and specialmeetings may be calledby the chair upon his own initiative, upon the request ofthe executive secretary, orupon therequest of three members ofthe board. (b) 

### Three days' notice shall be given toeach member ofthe board priorto any meeting. (12) Sixmembers constitute a quorum at any meeting, and the action ofa majority ofmembers present is the action of

### the board. (13) (a) (i)Members who are not government employees shall receive no compensation or benefits fortheir 

### services, butmay receive perdiem and expenses incurred in the performance of the member's official duties at the rates establishedby the Division ofFinance under Sections 63A·3-106 

### and 63A-3-107. (ii) 

### Members may decline toreceive perdiemand expenses for their service. (b) (i) State government officer and employee members who donotreceive salary, per diem,

orexpenses fromtheir agency for their service may receive perdiemandexpenses incurred in the performance oftheir 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 perdiemand expenses fortheir service. (c) (i) Local government members who donot receive salary, per diem, orexpenses from the entity that they representfor their service may receive perdiemand expenses incurred inthe performance oftheir official duties atthe rates established by the Division ofFinance under Sections 63A-3-106 

### and 63A-3-107. (ii)

### Local government members may decline toreceive perdiem and expenses for their service.

19·2-104. 

### Powers of

### board. (1) The board may make rules in 

### accordance withTitle 63, Chapter 46a, Utah Administrative Rulemaking Act: (a) regarding 

### the control, abatement, and prevention ofair pollution from all sources and the establishmentof the 

### maximumquantity of

### air contaminants that may be emitted by any air contaminant source; (b) 

### establishing air quality standards; (c) requiringpersons engaged 

## in operations whichresult 

## in air pollution to: (i) install, maintain, and use emission monitoring devices, as the board finds necessary; (ii) 

### file periodic reports containing informationrelating to

### the rate, period ofemission, and composition ofthe air contaminant; and (iii) 

### provide access torecords relating toemissions which cause orcontributeto airpollution; (d) implementing 15 U.S.C.A. 2601 et seq. Toxic Substances Control Act, Subchapter

## llAsbestos 

### Hazard Emergency Response, and reviewing and approving asbestos managementplans submitted by local education agencies underthat act; (e) establishing a requirement for a diesel emission opacity inspection and maintenance program for diesel-powered motor vehicles; (f) 

### implementing an operating permitprogram as required by and in conformity with Titles IV

From Website ofUtah Legislature PrintedApril 14, 2006 -3-

### and V ofthe 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 ofthe governor, implementing in·air quality nonattainment areas employer-based tripreduction 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 

### airquality standards consistent with the state implementation plan and federal requirements under 

### the standards set forth in Subsection (2); 

### and (i) implementing lead-based paintremediation training, certification, and performance requirements in accordance with 15 U.S.C.A. 2601 et 

## seq., Toxic Substances Control Act, SubchapterIV

-- Lead Exposure Reduction, Sections 402 and 406. (2) 

### When implementing Subsection (l)(h) theboard shall take into consideration: (a) the impact ofthe business on overall air quality; and (b) 

### the need ofthe business to use automobiles in orderto carry out its business purposes. 

### (3)

## The board may: (a) hold hearings relating to any aspect ofor matter in the administration ofthis chapter and compel the attendance ofwitnesses and the production ofdocuments and otherevidence, administer oaths andtake testimony, andreceive evidence as necessary; (b) issue orders necessary to enforce the provisions ofthis chapter, enforcethe orders by appropriate administrative andjudicial proceedings, and institutejudicial proceedings to secure compliance with this chapter; (c) settle orcompromise any civil action initiated tocompel compliance withthis chapter and the rules made underthis chapter, (d) secure necessary scientific, technical, administrative, and operational services, including laboratory facilities, by contract or otherwise; (e) prepare and develop a comprehensive plan orplans for the prevention, abatement, and control ofairpollution in this state; (t) 

### encourage voluntary cooperation by persons and affected groups to achieve the purposes of this chapter; (g) encourage local units ofgovernment to handle airpollution within theirrespective jurisdictions on a cooperative basis and provide technical and consultative assistance tothem; (h) encourage and conduct studies, investigations, and research relating to aircontamination and 

### air pollution and their causes, effects, prevention, abatement, and control; (i) determine bymeans offield studies and sampling the degree ofair contamination and 

### air pollution in all parts ofthe state; 

### (j) monitortheeffects ofthe emission ofaircontaminants from motorvehicles on the quality ofthe outdoor atmosphere 

### in all parts ofthis state and 

### take appropriate action with respect to them; (k) collect and disseminate information andconduct educational and training programs relating to 

### aircontamination and airpollution; (1) advise, consult, contract, and cooperate with other agencies ofthe state, local governments, industries, other states, interstate orinterlocal agencies, the federal government, and with interested persons orgroups; (m) consult, upon request, with any person proposingtoconstruct, install, orotherwise acquire

an aircontaminant source inthe state concerningthe efficacy ofany proposedcontrol device, or systemfor this source, orthe 

### air pollution problemwhich may berelated to the source, device, or system, but a consultation does not relieve anyperson from compliance with this chapter, the rules adopted under it, orany otherprovision oflaw; (n) accept, receive, and administer grants orother funds orgifts from public and private agencies, including the federal government, for the pwpose ofcarrying out any ofthe functions ofthis chapter;

From Website ofUtah Legislature PrintedApril/4, 2006 -4- 

# JJ

# \' (o) require the owner and operator ofeach new source which directly emits or has the potential
to emit 100tons per year or more ofany air contaminant or the owneror operator ofeach existing

source which by modification will increase emissions or have 

### the potential ofincreasing emissions by 100tons per year or more ofany aircontaminant, 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 pursuanttonotice, not including any court costs associated with any enforcement**action~** 

### (p) assess and collectnoncompliance penalties as required in Section 120ofthe federal Clean Air Act, 42 U.S.C. Sec.**7420~** 

### (q) meet the requirements offederal 

### airpollution**laws~** 

### (r) establish workpractice, 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) 

### conductasbestos inspections in facilities subjectto 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act, SubchapterII

- Asbestos HazardEmergency Response; or (iv) conductleadpaint inspections in facilities subjectto 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act, SubchapterIV

-- Lead Exposure Reduction; (s) establishcertification requirements for persons required under 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act, SubchapterII

- 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 certificationrequirements for asbestos project monitors, which shall provide for experience-based certification ofpersons who, prior toestablishment ofthe certification requirements, had received relevant asbestos training, as defined by rule, and had acquired at least 1,000hours ofexperience as project monitors; (u) establishcertificationprocedures and requirements for certification ofthe conversion ofa motorvehicle 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) establisha programto certify private sector air quality permittingprofessionals (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, SubchapterIV --LeadExposure Reduction, to be accredited as inspectors, risk assessors, supervisors, projectdesigners, orabatement workers. (4) Anyrules adopted underthis chapter shall be consistent with provisions offederal laws, if any, relating tocontrol ofmotor vehicles ormotor vehicle emissions. (5) Nothing 

## in this chapter authorizes the board torequire installation oforpayment for any monitoring equipmentby the owneroroperator ofa source if

### the owneroroperator has installed

oris operating monitoring equipmentthat is equivalent to equipment which the

### board would require underthis section.

19-2-105. Duties of

## board. The board, in conjunction with the governing body ofeachcounty identified 

### in Section 41-6a-1643 and otherinterested parties, shall performan evaluation ofthe inspection and maintenance programdeveloped under Section 41-6&-1643 including issues relating to: (1) the implementation ofa standardized inspection and maintenance program; (2) out-of-state registration ofvehicles used in Utah;

From Website ofUtah Legislature PrintedAprill4, 2006 -5-

### (3) out-of-county registration ofvehicles used within the areas required to have an inspection and maintenance program; (4) use ofthe 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 ofadministering a programunderthe federal Clean 

## AirAct may 

### be more stringent thanthe corresponding federal regulations which address the same circumstances. 

### Inmaking rules, theboard may incorporate byreference corresponding federal regulations. (2) The 

### board may 

### make rules more stringent than corresponding federal regulations for the purpose described in Subsection ( 

### 1 }, only ifit makes a written fmding afterpublic comment and hearing and based on evidence in therecord, that corresponding federal regulations are not adequate toprotectpublic health and 

### the environment ofthe state. Those findings shall 

### be accompaniedby an opinion referringto and evaluating the public health and environmental information and studies containedin the record which form the basis fortheboard's conclusion.

19-2-107. 

## Executive secretary·· Appointment-- Powers. (1)

### The executive secretary shall 

### be appointed by the executive director, with the approval ofthe board, and shall serve under 

### the administrative direction ofthe executive director. (2) The executive secretary may: (a) develop programs for the prevention, control, and abatement ofnew orexisting air pollution resources ofthe state; (b) advise, consult, andcooperate with other agencies ofthe state, the federal government, other states and interstate agencies, and with affected groups, political subdivisions, and industries in furtherance ofthe purposes ofthis chapter; (c) employfull-time employees necessary tocarry outthis chapter; (d) as authorized bythe board, subject to the provisions ofthis chapter, authorize any employee orrepresentative ofthe department to enterat reasonable time and upon reasonable notice in or upon public orprivateproperty for the purposes ofinspecting and investigating conditions and plant records concerning possible 

### airpollution; (e) encourage, participate in, or conduct studies, investigations, research, and demonstrations relating to 

### air pollution and causes ofit as advisable and necessary for

### the discharge ofduties assigned under this chapter, including theestablishment ofinventories ofpollution sources; (f) 

### collect and disseminate information relating to 

### airpollution and theprevention, control, and abatement ofit; (g) as authorized bythe board subject to

### the provisions ofthis chapter, enforce rules through the issuance oforders, including: (i) prohibiting or abatingdischarges ofwastes affecting ambient 

### air; (ii) requiring 

### the construction ofnew control facilities orany parts ofnew control facilities or the modification, extension, oralteration ofexisting control facilities or any parts ofnew control facilities; or (iii) 

### the adoption ofotherremedial measures to prevent, control, or abate airpollution; (h) review plans, specifications, or otherdatarelative topollution control systems orany part ofthe systems provided in this chapter; (i) as authorized by the board, subject to the provisions ofthis chapter, exercise all incidental powers necessary to carry out the purposes ofthis chapter, including certification to any state or federal authorities for tax 

### purposes the fact ofconstruction, installation, or acquisition ofany facility, land, building, machinery, orequipment or any part ofthem, in conformity with this

From Website ofUtah Legislature PrintedAprill4, 

### 2006 -6- 

# J

# (I''**'~** chapter; 

### (j) cooperate with any person in studies and research regarding airpollution, its control, abatement, and prevention; and (k) represent the state with the specific concurrence ofthe executive director in all matters pertaining to interstate air pollution, including interstate compacts and similar agreements.



## 19-2-108. Notice ofconstruction ormodification ofinstanations required •• Authority of executive secretary to

## prohibitconstruction •• Hearings •• Limitations on authority of

## board
•• Inspectionsauthorized. (1) Theboard shall require that notice be given tothe executive secretary by any personplanning toconstruct a new installation which will or might reasonably be expected to be a source or indirect source ofair

### pollution or to make modifications to an existing installation which will ormight reasonably be expected toincreasethe amount ofor change the character or effect ofair

### contaminants discharged, sothat the installation may be expected to be a source orindirect source ofair

### pollution, orby any person planning to install an air

### cleaning device orother equipment intended tocontrol emission ofair

### contaminants. (2) (a) (i) The executive secretary may require, as a condition precedent tothe construction, modification, installation, orestablishment ofthe air 

### contaminant source orindirect source, the submission ofplans, specifications, and other information as he finds necessary to determine whetherthe proposed construction, modification, installation, orestablishment will be in accord with applicable rules in force underthis 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) Ifwithin 90 days after the receipt ofplans, specifications, or other information required under this subsection, the executive secretary determines that the proposed construction, installation, or establishment or any part ofit will not be in accord with the requirements ofthis chapter or applicable rules orthat further time, not exceeding three extensions of30 days each, is required by the board to adequately review the plans, specifications, orother information, he shall issue an orderprohibiting the construction, installation, or establishment ofthe air 

### contaminant

source or sources in whole orinpart. (3) In 

### addition to any other remedies, any person aggrieved by the issuance ofan order either granting or denying a request for the construction ofa new installation, and prior to invoking any such other remedies shall, upon request, in accordance with the rules ofthe board, be entitled to a hearing. Following the hearing, the permit may be affirmed, modified, orwithdrawn. (4) Any features, machines, and devices constituting parts oforcalled for by plans, specifications, or other information submittedunder Subsection (1) 

### shall be maintained in good working order. (5) This section does not authorize the board torequire the use ofmachinery, devices, or equipmentfrom a particular supplier orproducedby a particular manufacturerifthe required performance standards may be met by machinery, devices, orequipment otherwise available. (6) (a) Any authorized officer, employee, orrepresentative ofthe board may enter and inspect any property, premise, orplace on or at which an air 

### contaminant source is located oris being constructed, modified, installed, orestablished at any reasonable time forthe purpose of ascertaining the state ofcompliance with this chapter and the rules adopted under it. (b) (i) A person may not refuse entry oraccess to any authorized representative ofthe board who requests entry for purposes ofinspection and who presents appropriate credentials. (ii) 

### A person may not obstruct, hamper, orinterfere with any inspection. (c) 

### Ifrequested, the owner oroperatorofthe premises shall receive a report setting forth all facts found which relate to compliance status.

From Website ofUtah Legislature PrintedApril14, 2006 

### -7-

## 19·2·109. Air quality standards·· Hearings on adoption-- Ordersofexecutive secretary-- Adoption ofemission control requirements. (1) 

### (a) The board, in adopting standards ofquality for ambient air, shall conduct public hearings. (b) Notice ofany public hearing for the consideration, adoption, oramendment ofairquality standards shall·specify the locations to which the proposed standards apply and the time, date, and place ofthe hearing. (c) The notice shall be published at least twice in any newspaper ofgeneral circulation in the

area affected and 

### shall be mailed at least 20 days before the public hearing to the chiefexecutive ofeach political subdivision ofthe 

## area affected and to other persons 

## the executive secretary has

reason to believe will be affected by the standards. (d) The adoption ofair quality standards or any modification orchanges to 

### air quality standards shall 

### beby orderofthe executive secretary following fonnal action ofthe board 

### with respect to the standards. (e) Theorder shall bepublished in a newspaper ofgeneral circulation inthe area affected. (2) 

### (a) The board may establish emission control requirements by rule that in itsjudgment may be necessary toprevent, abate, orcontrol airpollution that maybe statewide or may vary from

area to area, taking into account varying local conditions. (b) 

## In adopting 

## these requirements, 

## the board shall givenotice and conductpublic hearings in accordance with the requirements in Subsection (1).



## 19-2-109.1. Operating pennitrequired-- 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 

### AirAct" means the federal OeanAir Act as amended in 1990. (c) "Operating permit" means a permit issued by the executive secretary to sources ofair pollutionthat meet 

### the requirements ofTitles IV and V ofthe 1990 Clean Air Act. \ (d) "Program" means the air pollution operating permitprogramestablished under this section
...., to comply withTitle V ofthe 1990 OeanAir Act. (e) "Regulated pollutant" has the same meaning as defined inTitle V ofthe 1990 Clean Air Act and implementing federal regulations. (2) (a) A person may not operate any source of

### air pollutionrequired to have a permit under Title V ofthe 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 notrequiredto submit an operating permit application until the governor has submitted an operating permitprogramtothe EPA. (c) Any operating permit issued under this section may not become effective until the day after the EPA issues approval ofthe permit program orNovember 15, 1995, whichever occurs first. (3) (a) Operating permits issued under this section shall be fora period offive years unless the board 

### makes a written finding, afterpublic comment and hearing, and based 

### on substantial evidence intherecord, that an operating permitterm ofless 

### than five years is necessary toprotect the public health 

### and 

## the environment of

### the state. (b) 

### The 

### executive secretary may issue, modify, orrenew an operating permit only after providing public notice, an opportunity for public comment, and an opportunityfor a public hearing. (c) The 

### executive secretary shall, in conformity with the 1990Clean 

## AirAct and implementingfederal regulations, revise the conditions ofissued operating permits to incorporate applicable federal regulations in conformity with Section 502(b)(9) ofthe 1990Oean 

### AirAct, if the remaining period ofthe permit is three ormore years. (d) The executive secretary may terminate, modify, revoke, orreissue 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 ofUtah Legislature Printed

### Aprill4, 2006 

### -8-

## the 1990 Clean Air Act for each ton ofregulated 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 ofan approval order. (b) In

## establishing the fee the board 

## shall comply with the provisions ofSection 63-38-3.2 that require apublic hearing and require the established fee to be submitted to the Legislature for its approval as part ofthe department's annual appropriations request. (c) The fee shall cover all reasonable direct and indirect costs required to develop and administerthe 

## program and the small business assistance programestablished under Section 19- 2-109.2. The 

### board 

## shall prepare an annual report ofthe emissions fees collected and the costs covered by those fees underthis subsection. (d) The

## fee shall be

## established uniformly for all sources required to obtain an operating permitunder the programand for all regulated pollutants. (e) The fee may not be

## assessed for emissions ofany regulated pollutant ifthe emissions

are already accounted for within the emissions ofanother regulated pollutant. (f)

## An emissions fee may not be assessed for any amount ofa regulated pollutant emitted by any source in excess of4,000 tons per year ofthat regulated pollutant. (5) Emissions fees for the period: (a) ofJuly 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 ofan operating permit, shall be

## based on the mostrecent emissions inventory, unless a source elects prior to July 1, 1992, to base the fee on allowable emissions, ifapplicable for a regulated pollutant. (6) After an operating permit is issued the emissions fee shall be 

## based on actual emissions for

aregulated pollutant unless a source elects, prior to the issuance orrenewal ofapermit, to base the fee during the period ofthe permit on allowable emissions for thatregulated pollutant. (7) 

### If

## the owner or operator ofa source subject to this section fails to timely pay an annual emissions fee, the executive secretary may: (a) impose apenalty ofnot more than 

## 50% ofthe fee, in addition to the fee, plus interest on the fee computed at 12% annually; or (b) revoke the operating permit. (8) The owneror operator ofa source subject to this section may contest an emissions fee assessment or associated penalty in an adjudicative hearing under the Title 63, Chapter46b, Administrative Procedures Act, as provided in this subsection. (a) The owneror operator must pay the fee under protest prior to being entitledto ahearing. Payment ofan emissions fee or penalty under protest is not a waiver ofthe right to contest the fee

or penalty under this subsection. (b) Arequest for ahearing under this subsection shall be made afterpayment ofthe 

## emissions fee and within 

## six months after the 

## emissions fee was due. (9) Toreinstate an operating permitrevoked under Subsection (7) the owner or operator shall pay all outstanding emissions fees, apenalty ofnot more than 50% ofall 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 PermitProgram dedicated creditto be 

## used solely to pay for the 

## reasonable direct and indirect costs incurredby the department in developing and administering the program and the 

## small business assistance program under Section 19-2-109.2. (11) Failure ofthe executive secretary to act on any operating permit application orrenewal is

afmal administrative action only for the purpose ofobtainingjudicial review by any ofthe following persons torequire the executive secretary to take 

## action on the 

## permit orits renewal without additional delay: (a) the**applicant~**



### From Website ofUtah Legislature 

### PrintedAprill4, 2006 -9-

### (b) any person who participated in the public comment process; or (c) any otherperson who could obtainjudicial review ofthat action under applicable law. 

# J

19-2-109.2. Smallbusiness assistance program. (1) 

### The board shall establish a small business stationary source technical and environmental compliance assistance programthat conforms with Title V ofthe 1990Clean Air Act to assist small businesses to comply with state and federal air pollution laws. (2) There is createdthe Compliance Advisory Panel to advise and monitor 

### the programcreated in Subsection (1).

## The sevenpanel members are: (a) two members who are not owners orrepresentatives ofowners ofsmall business stationary airpollution sources, selected by the governorto represent 

### the general public; (b) four members who are owners or whorepresent owners ofsmall business stationary

sources selectedbyleadership of

### the UtahLegislature asfollows: (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 selectedby the majority leader ofthe House ofRepresentatives; and (iv) one member selectedby the minority leader ofthe House ofRepresentatives; and (c) one member selected by the executive director torepresent the Division of

### Air Quality, Department ofEnvironmental Quality. (3) (a) Except as requiredby Subsection (b), asterms ofcurrent panel members expire, the department shall appoint eachnew member orreappointed memberto a four-year term. (b) Notwithstanding 

### the requirements ofSubsection (a), the department shall, at 

### the time of appointment or reappointment, adjust the length ofterms toensure that the terms ofpanel members are staggered so that approximately halfofthe panel is appointed every two years. (4) Members may serve more than one term. (5) Members shall hold office until the expiration oftheirterms and until their successors are \. appointed, but not more than 90 days after the expirationoftheir 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) Thepanel shall meet as necessary to carry out its duties. Meetings may be called by the chair, the executive secretary, orupon written request ofthree ofthe members ofthe panel. (b) Three days' notice shall be given toeach member ofthepanel priorto a meeting. (9) Four members constitute a quorum at any meeting, and the action ofthe majority of members present is the action ofthe panel. (10) (a) (i) Members who are not government employees shall receive no compensation or benefits for their services, but may receive perdiem and expenses incurred in the performance of the member's official duties at the rates established by the Division ofFinance under Sections 63A-3-106 and 63A-3-107. (ii) Members may decline toreceive per

### diemand expenses for their service. (b) (i) State government officer and employee members who do not receive salary, perdiem.

orexpenses from their agency fortheir service mayreceive perdiemand expenses incurred in the performance oftheir official duties from the panel atthe 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 perdiem 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 ofeach permit application, compliance plan, emissions or compliance monitoring report, certification, and each operating permit issued under

From Website ofUtah Legislature PrintedApri/14, 2006

- 10-

### this chapter shall be made available to the public in accordance with Title 63, Chapter2, Government Records Access andManagement Act.

19-2-109.5. Private sector air quaHty permitting professionals certification program. (1) As used in this section, "AQPP" means an airquality permitting professional. (2) The board may establish a programto certify private sector AQPPs, including consultants and employees ofcompanies that may seek air quality permits from 

### the division. Any program established under this section shall include: (a) a trainingprogramestablished and operated by 

### the department, whichdescribes and explains 

### the state law andrules regarding the air quality permit application and approval procedure under this chapter; (b) the requirement topass an examto measure qualifications ofAQPP applicants; (c) an option for certification ofan AQPPby 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 ofthe training, testing, and application process and the department's maintenance ofa list of certified AQPPs; (e) certification ofqualified AQPP applicants; (f) 

### maintenance by the department ofa current list ofcertified AQPPs, which is available to the public; and (g) procedures for 

### the expeditedreview by the department ofairquality permit applications submitted by certified AQPPs; and (h) professional standards for AQPPs. (3) Theboard may not require AQPPcertification as a condition ofpreparing or submitting a notice ofintent or operatingpermit application under this chapter. (4) Any programunder this section shallprovide for revocation ofany certification issued under this section ifthe department determines, through an adminisqative hearing conducted under Title 63, Chapter 46b, Administrative Procedures Act, thatthe AQPP: (a) knowingly ornegligently submitted false information or data as part ofan 

### 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 ofthe 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 theexecutive secretary has reason to believe that a violation ofany provision ofthis chapter orany rule issued under it has occurred, he may serve written notice ofthe violation upon the alleged violator. The notice shall specify the provision ofthis chapter orrule alleged to be violated, the facts alleged to constitute the violation, and may include an orderthat necessary corrective action betaken within a reasonable time. (b) 

### In lieu ofbeginning an adjudicative proceeding under Subsection (lXa), the board may initiate an action pursuant to Section 19-2-115. (2) Nothing in this chapterprevents

### the board from makingefforts to obtain voluntary compliancethrough warning, conference, conciliation, persuasion, orotherappropriate means. (3) Hearings may be heldbefore: (a) the board; (b) a hearingexaminer ofthe board; or (c) a 

### board member especially appointed by the board to hold the hearing.

From Website of Utah Legislature 

### PrintedApril/4, 2006 -11-

## 19-2-111. Review of

## ordersof

## bearingexaminer·· Procedure. Any person aggrieved by an order ofa hearing examiner may file a motion for review ofthe order with the board.

19-2-112. Generalized condition ofair pollution creating emergency·· Sources causing imminentdanger

## to health

-- Powersof

## executive director

-- Declaration ofemergency. (1) (a) Title 63, Chapter46b, Administrative Procedures Act, and any other provision oflaw to the contrary notwithstanding, ifthe executive director finds that a generalized condition ofair 

## pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, the 

## executive director, with the concurrence ofthe governor, shall order persons causing orcontributing to the air

## pollution toreduce ordiscontinue 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 ofthis hearing, and without adjournment ofit, the governor shall affliDl, 

## modify, or set aside the order ofthe executive director. (2) In the absence ofa generalized condition ofair pollution referred to in Subsection (1), but ifthe 

## executive director finds that emissions from the operation ofone ormore air 

## contaminant

sources is causing imminent dangerto 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 ofthat declaration.

19-2-113. Variances·· Judicial review. (1) (a) Any person who owns or is in control ofany 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, ifit 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 ofthe applicant, otherowners ofproperty likely to be affected by the discharges, and the general public. (3) Any variance orrenewal ofa 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) ifthe variance is granted on the grounds thatthere are nopracticable means known or available for the adequate prevention, abatement, orcontrol ofthe air

## pollution involved, it shall be only until the necessary means for prevention, abatement, orcontrol become known and available, and subjectto the taking ofany substitute oralternate measures that the board may prescribe; (b) (i) 

## ifthe variance is granted on the grounds that compliance with the 

## requirements from which variance is sought willrequire that measures, because oftheir extent orcost, must be spread over a long period oftime, 

## the variance shall be granted

## for a reasonable time that, in the view ofthe 

## board, is required 

## for implementation ofthe

## necessary measures; and (ii) 

## a variance granted onthis 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) ifthe variance is granted on the ground that it is necessary to relieve orprevent 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 PrintedApril 14, 2006

- 12-

## for periods that would be appropriate for initially granting a variance. (b) Ifa complaint is made to the 

## board because ofthe variance, a renewal may not be granted unless, following an announced public meeting, the board finds that renewal isjustified. (c) To receive a renewal, an applicant shall submit a request for agency action to the board requesting a renewal. (d) Immediately upon receipt ofan application for renewal, the board shall give public notice ofthe application as required by itsrules. (5) (a) A variance orrenewal is not a right ofthe applicant or holder but may be granted at the board's discretion. (b) Aperson aggrieved by the board's decision may obtainjudicial review. (c) Venue forjudicial review ofinformal 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 ofemission has changed or increased; or (ii) iffacts existing at the date ofthe review had existed at the time ofthe 

## 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 ofthe emergency provisions and procedures ofSection 19-2- 112 to any person or property.

19-2-114. Activities notin

## violation ofchapterorrules. The following are not a violation of this chapter or ofany rules made under it: (1) burning incidentto horticultural or agricultural operations of: (a) prunings from trees, bushes, and plants; or (b) dead ordiseased trees, bushes, and plants, including stubble; (2) burning ofweed growth along ditch banks incidentto clearing these ditches for irrigation purposes; (3) controlled heating oforchards or other crops to lessen the chances oftheir being frozen so long as the emissions from this heating do not violate minimum standards set by the board; and ( 4) the controlled burning ofnot more than 

## two structures per year by an organized and operating fire department for the purpose oftraining fire service personnel when the United States Weather Service clearing index is above 500.

19-2-115. Violations-- Penalties-- Reimbursementfor 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, orpermit 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 ofSection 19-2-104, for implementation of 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act, 

## Subchapter ll

## Asbestos 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 specifiedin that 

## section and shall be used in accordance with that section. (3) A person is guilty ofa class A misdemeanor and is subject to imprisonment under Section 76-3-204 and a fine ofnot more than $25,000 per day ofviolation ifthat person knowingly violates any ofthe following under this chapter: (a) an applicable standard or limitation;

From Website ofUtah Legislature 

### PrintedAprill4, 2006



### - 13-

### (b) a permit condition; or (c) a fee orfiling requirement. (4) A person is guilty ofa third degree felony and is subject to imprisonment under Section 

### 76-3-203 and a fine ofnot more than $25,000 perday ofviolation who knowingly: (a) makes any false material statement, representation, orcertification, in any notice orreport required by permit; or (b) renders inaccurate any monitoring device or method required tobemaintained by this chapteror applicable rules made under this chapter. (5) Any fine orpenalty assessed under Subsections (2) or (3) is in lieu ofany penalty under Section 19-2-109.1. (6) A person who willfully violates Section 19-2-120is guilty ofa class A misdemeanor. (7) A person who knowingly violates any requirement ofan applicable implementationplan adopted by the 

### board, more than 30 days afterhaving been notified in writing by 

## the executive secretary thatthe person is violating the requirement, knowingly violates an orderissued under Subsection 19-2-UO(l)(a),orknowingly handles ordisposes ofasbestos in violation ofa rule made underthis chapteris guilty ofa third degree felony and subject to imprisonment under Section 

### 76-3-203 and a fine ofnot more 

### than $25,000 perday ofviolation in the case ofthe first offense, and notmore 

### than $50,000perday ofviolation 

### in the case ofsubsequent offenses. (8) (a) As used 

### in this section: (i) "Hazardous airpollutant" means any hazardous air pollutant listed under42USC 7412 or any extremelyhazardous 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 ofpersons. (iii) "Serious bodily injury" means bodily injury which involves a substantial risk ofdeath, unconsciousness, extreme physical pain, protracted and obvious disfigurement, orprotracted loss

or impairment ofthe function ofa bodily member, organ, or mental faculty. (b) (i) A person is guilty ofa classA misdemeanor and subject to iptprisonment under Section 

### 76-3-204 and a fme ofnotmore than $25,000perday ofviolation 

### ifthat person with criminal negligence: (A) releases into the ambient air any hazardous airpollutant; and (B) places another person in imminent danger ofdeath 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 partofsenior managementpersonnel or a corporate officer. (c) A person is guilty ofa second degree felony and is subject to imprisonment under Section 

### 76-3-203 and a fine ofnotmore than $50,000 perday ofviolation ifthat person: (i) knowingly releases into 

### the ambient 

### air any hazardous 

### airpollutant; and (ii) 

### knows at the time that he is placing another person in imminent danger ofdeath or serious bodily injury. (d) 

### Ifa person is an organization, it shall, upon conviction ofviolating Subsection (8)(c), be subject to a fine ofnot 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 ofdeath or serious bodily injury; and (B) the defendant was aware oforbelieved that there was an imminent danger ofdeath or serious bodily injury to anotherperson. (ii) 

### Knowledge possessed by a person otherthan the defendant may notbe attributed to the defendant. (iii) 

### Circumstantial evidence may be used to prove that the defendant possessed actual

From Website ofUtah Legislature 

### PrintedApril/4, 2006 -14-

# ' knowledge, including evidence thatthe 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 ormedical or scientific experimentation conductedby professionally approved methods and the otherperson was aware ofthe risks involved prior to giving consent. (ii) The defendant has the burden ofprooftoestablish any affmnative defense under this Subsection (8Xf) and must prove that defense by a preponderance ofthe evidence. (9) (a) Except as provided in Subsection (9Xb), and unless prohibitedby federal law, all penalties assessed and collected under the authority ofthis section shall 

### be deposited inthe General Fund. (b) The department may reimburse itselfand local governments from monies collected from civil penaltiesfor extraordinary expenses incurred in environmental enforcement activities. (c) The department shall regulate reimbursements 

### by making rules in accordance withTitle 

### 63, Chapter46a, UtahAdministrativeRulemaking Act, that: (i) define qualifying environmental enforcement activities; and (ii) define qualifying extraordinary expenses.

19-2-116. Injunctionor otherremediesto preventviolations-- CivU actionsnot abridged. (1) Action under Section 19-2-115 does notbar enforcement ofthis chapter, orany ofthe rules adopted under it or any orders made underit by injunction or other appropriateremedy. The board 

### has thepowertoinstitute and maintain in the name of

### the state any and 

### all enforcement proceedings. (2) Thischapterdoes not abridge, limit, impair, create, enlarge, or otherwise affect substantively orprocedurally the right ofany person to damages orotherreliefon account of injury topersons orproperty 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 ofany person to comply with any provision ofthis chapter or any rule adopted under it orany final order made by the board,the executive secretary, orthe executive director and when itappears necessary for the protection ofhealth and welfare, the board may initiate through its executive secretary an action for appropriate injunctive relief. (b) 

### The attorney general shall bring injunctive reliefactions onrequest. (c) A bondis not required.

19-2-117. Attorney general aslegal advisor to board -· Duties ofattorney general and county attorneys. ( 1) The attorney general is the legal advisor 

### tothe board and its executive secretary and shall defend them or any ofthemin all actions or proceedings brought against them

orany ofthem. (2)

### The county attorney in 

### the county in which a cause ofaction arises may, upon request of the 

### board orits executive secretary,bring any action, civil orcriminal, to abate a condition which exists in violation of, or toprosecute for the violation of**.~Jr** 

### toenforce, this chapterorthe standards, orders, orrules of

### the boardor the executive secretary issued under this chapter. (3)The board or its executive secretary may bring any action and

### be represented bythe attorney general. (4) 

### In theevent any person fails tocomply with a cease and desist order ofthe board or its executive secretary that is not subjectto a stay pending administrative orjudicial review, the board may, through its executive secretary, initiate an action for, and is entitled to, injunctive relieftoprevent any further or continued violation ofthe order.

From Website ofUtah Legislature Printed

### Aprill4, 2006 

### -15-

### 19-2-118. Violation ofinjunction evidence ofcontempt.Failure to comply with the terms of any injunction issued under this chapter is prima facie evidence ofcontempt which is punishable

as for other civil contempts.

19-2-119. 

### Civil orcriminal remedies not excluded·· Actionable

## rights underchapter·· No liability for acts of

## God orothercatastrophes. ( 1) Existingcivil orcriminal remedies for any wrongful action which is a violation ofany part ofthe law are not excluded by this chapter. (2) Persons otherthan the state orthe 

## board donot acquire actionable rights by virtue ofthis chapter. (3) The liabilities imposed for violation ofthis chapter are notimposed for any violation caused by an act of

### God, war, strike, riot, or othercatastrophe.

19-2-120. Information required ofowners oroperators ofair contaminant sources. The

owner oroperatorofany stationary 

### air contaminant source 

## in the state shall furnish to the board the reports required under Section 19-2-104 and any otherinfonnation the 

### board finds necessary to determine whetherthe source is in compliance with state and federal regulations and standards. The infonnation shall be correlated with applicable emission standards orlimitations and shall be availabletothe public during nonnal business hours at the office ofthe department.

19-2-121. Ordinances ofpolitical subdivisions authorized.Any political subdivision ofthe state may enact and enforce ordinances to control 

### air pollution that are consistent with this chapter.

19-2-122. Cooperative agreements betweenpolitical subdivisions and department. (1) 

### Any political subdivision ofthe 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 airpollution programs. (2) The agreements may provide for an agency to: (a) supervise and operate an air 

### pollutionprogram;

_ (b) prescribe, subject tothe approval ofthe board, the agency's powers and duties; and (c) fix the compensation ofthe agency's members and employees.

19-2-123. Tax relief

## to encourage investmentinfacilities·· Salesand use tax

### exemption. (1) 

### It is in the public interest ofthe state to encourage, through taxrelief, 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, includingtheexpansion ofexisting plants, thereby increasing employment and payrolls and upgrading

### the natural resources ofthe state. (2) All materials and equipmentpurchased, leased, orotherwise procured and services utilized for the construction orinstallation 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. Applicationfor certification ofpoUution controlfacility·· Refunds •• Interest. (1) (a) A person who qualifies under Subsection (2) may apply to the board for certification ofa poJlution control facility orfacilities erected, constructed, orinstalled, orto be erected, constructed, orinstalled in the state on orafter July 1, 1986, but on orbefore June 30, 2009. (b) The person may file the application at 

### any time after a finnconstruction contract has been entered orconstruction has commenced. (2) (a) (i) 

### A person who applies under Subsection (1) shall be the owner ofa trade orbusiness

From Website ofUtah Legislature PrintedApril 14, 2006



### . 16- 

# J

# ' that uses property in the state requiring a pollution control facility to prevent or minimize pollution or a person who, as a lessee orpursuant to an agreement, conducts the trade orbusiness that operates or uses the property. (ii) 

### Forpurposes ofthis Subsection (2), "owner" includes a contract purchaser. (b) The facility shallbe owned, operated, or leased during a part ofthe tax yearin which the exemption is claimed. (c) A person who obtains certification for a pollution control facility may claiman exemption from sales and use taxes as provided in Sections 19-2-123 and 59-12-104 only during the time periodbeginning on or afterJuly 1, 1986, and ending on orbeforeJune 30,2009. (d) A person who pays a tax 

### under Title 

## 59, Chapter 12, Sales and Use Tax Act, on a purchase oftangiblepersonal property or services used in the construction ofor 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 personalproperty or services meet the requirements for exemption provided in Subsections 19-2-123(2) and 59·12·104(11), except for the certificationrequirement; and (C) 

### the person files a claimfor the refund with the State Tax Commission within the lesser of: (I) 

### three years after the day on whichthepollution control facility is certified under Section 19-2-125; or 

# <m six years afterthe day on which

### the personpays the tax underTitle

## 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 claimfor 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 UseTax Act. (e) (i) 

### Ifa person files a claimfor a refund oftaxes under Subsection (2)(d)(i) paid on a purchase oftangible personal property or services used in the construction oforincorporated into

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

### time ofthe purchase: (A) within 180days afterthe day on which the board certifies the pollution control facility, interest shall accrue to the amount ofthe refund granted by the State TaxCommission: (I) 

### at the rate prescribed in Section 59-1-402; and 

# <m beginning on the day on which the person pays the tax underTitle 

## 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 

### boardcertifies the pollution control facility, interest shall be added 

### to the amount ofthe refund granted by the StateTax 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 claimfor a refund under Subsection (2)(d). (ii) 

### Ifa person files a claimfor a refund oftaxes under Subsection (2)(d)(ii) paid on a purchase oftangible personal property or services used in 

### the construction oforincorporated into a pollution control facility that was certified under Section 19·2-125 at thetime ofthe purchase, interest shall accrue tothe amount ofthe refund granted by the StateTaxCommission: (A) at 

### the rate prescribed in Section 59-1-402; and (B) beginning 30days after the day on which the person files a claimfor a refund under Subsection (2)(d). (3) (a) Eachapplication shall be in a fonnat prescribed by the board, contain a description of the facilities and materials incorporated in them, the machinery andequipment, the existing or proposed operationalprocedure, and a statement ofthe purpose ofpollution prevention, control,

orreduction servedorto be served by the facility.

From Website ofUtah Legislature PrintedApril 14, 2006 

### -17- 

# l

f ' 

# I 

# I

f f 

# I I 

# I I

### (b) The board may require any further information it finds necessary before issuance ofa certificate.



### 19-2-US. Action on application for certification. (1) (a) Ifthe board, after consulting with the StateTax Commission, finds that a pollution control facility ora part ofa pollution control facility, for which application is made under Section 

### 19-2-124 was oris to beerected, constructed, acquired, orinstalled on or after July 1, 1986, but on orbefore June 30,2009, and is designed and is being operated orwill operate primarily to prevent, control, orreduce air or water pollution, and thatthe applicant qualifies under Section 

### 19-2-124,theboard shall certify the facility. (b) 

### Ifone 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 ofthe board and the StateTax Commission to timely act constitutes automatic acceptance ofthe application and theboard shall furnish a certificate tothe applicant on demand.



### 19-2-126. Revocation ofcertification·· 

### Grounds·· Procedure. (1} 

### (a) The

### board, after consulting with the State Tax Commission, may revoke the certification issued under Section 

### 19- 2-125 ofany pollution control facility ifit finds that the: (i) certification was obtained by fraud or gross misrepresentation; or (ii) 

### holder ofthe certificate has failed substantially to operate the facility for the purpose of, and tothe extent necessary to prevent, control, orreduce 

### air orwaterpollution as specified in 

### the certificate. (b) A shutdown ofthe facility due toforce majeure, including obsolescence, is not cause to 

# J

revoke certification ofany facility. \

_ (2) (a) Theboard shall provide notice ofthe revocation by issuing a notice ofagency action.
....., (b) The holder ofthe certificate may obtainjudicialreview ofthe revocation. (c) The revocation is fmal and conclusive unless an appeal is taken. (d) 

### Ifthe revocation is affirmed on appeal, revocation is fmal on the date notice ofrevocation

was received by the holder. (3) As soon as a revocation under this section is final, the board shall notify the State Tax Commission ofthe revocation. (4) (a) If

### the certification ofa pollution control facility is revoked, all priortax 

### reliefprovided to the holderbecause ofthe certificate is forfeited. (b) The StateTax Commission shall collect taxes not paid by the holderbecause ofthe tax reliefprovided the holder tothe extentpennitted by the applicable statute oflimitations.



### 19-2-127. Rulesfor administering certificationfor 

## tax relief. 

### In addition tothe powers granted it, theboard may formulate, amend, orcancel rules establishingprocedures for processing and evaluating applications for certification, establishing procedures for the issuance and revocation ofcertificates, and 

### all othermatters pertainingto 

### the board in administering certification for taxreliefon pollution control facilities.

From Website ofUtah Legislature PrintedApril14, 2006

- 18-

## Utah Administrative Rulemaking Act

Utah Code Title 63, Chapter46a (2006)

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

.................................................................................................................................................................. l 63-46a-3. Whenrulemaking is required

...................................................................................................................................... 2 63-46a-3.5. Rules having the effect oflaw

................................................................................................................................. 3

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

..............................................................................................................................4 63-46a-8. Divisionto provide list ofrulemaking activity to Office ofLegislative Research and General Counsel. [Repealed]

.. 4 63-46a-9. Agency review ofrules- Schedule offilings-- Limited exemption for certain rules

................................................4 63-46a-9.5. Division ofAdministrative Rules created- Appointment ofdirector

..................................................................... 

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

......................................................................... S 63-46a-10. Division ofAdministrative 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 ofrules by governor

...................................................... 7 63-46a-l2. Interestedparties-- Petition for agency action

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

.............................................................................................................. 8 63-46a-13. Actions for declaratoryjudgmentto determine the validity ofa rule. [Repealed]

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

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

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

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

..................................................... 9

63-46a-1. Shorttitle. This act isknown as the "Utah Administrative Rulemaking Act."**r~·ts** etwctedbv UTL /985 t h !58)

63-46a-2. Definitions. As usedin this chapter: (1) "Administrative record" means information an agency relies upon whenmaking a rule under this chapter including:(a) the proposedrule, 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 ofthe public comment;
(e) the agency's report ofits 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 ofthe state, or the courts, which is authorized orrequired by law to make rules, adjudicate, grant or withhold licenses, grant or withhold relieffrom 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 ofeach section, part, rule, or title ofthe code that follows the section, part, rule, ortitle reference placedbefore the text ofthe rule and serves the same function as boldface in legislation as described in Section 68-3-13. (5) "Code" means the body ofall effective rules as compiled and organized by the division and entitled "Utah Administrative Code." (6) "Director" means the director ofthe Division of Administrative Rules. (7) "Division" means the Division ofAdministrative Rules. (8) "Effective" means operative and enforceable. (9) (a) "File" means to submit a document to the division as prescribed by the division. (b) ''Filingdate" means the day and time the document is recorded as received by the division. (I0) "Interestedperson" 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 ofone ormore specific persons, but not a class of persons.Utah Administrative Rulemaking Act
(12) "Person" means any individual, partnership, corporation, association, governmental entity, orpublic or private organization ofany characterother 

### than an agency. (13) "Publication" or "publish" means making a rule available to the public by including the rule ora summary ofthe 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 orimplicitly requiredby state or federal statute orotherapplicable law; (ii) implements orinterprets a state or federal legal mandate; and (iii) applies to a class ofpersons or another agency. (b) "Rule" includes the amendment orrepeal of

an existingrule. (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 ofa public class ofpersons oranother agency; (iii) the governor's executive orders or proclamations; (iv) opinions issued bythe 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 ofany 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 orresults ofagency 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 ofits rules; and (b) make it available to the public for inspection during its regularbusiness hours. (2) In addition to otherrulemakingrequired by law, each agency shall make rules when agency action: (a) authorizes, requires, orprohibits an action; (b) provides orprohibits a material benefit; (c) applies to a class ofpersons oranother agency; and (d) is explicitly or implicitly authorized by statute. (3) Rulemaking is also required when an agency issues a written interpretation ofa state or federal legal mandate. (4) Rulemaking is not required when: (a) agency action applies only to internal agency management, inmates orresidents ofa state Utah Code Tide 63, Chapter46a (2006)
correctional, diagnostic, ordetention facility, persons under state legal custody, patients admitted to a state hospital, members ofthe state retirement system, or students enrolled in a state education institution; (b) a standardized agency manual applies only to internal fiscal oradministrative details of governmental entities supervised under statute; (c) an agency issues policy orother statements that are advisory, informative, ordescriptive, and do not conform to the requirements ofSubsections (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 authorizedby statute that may result from its violation. (6) Each agency shall enact rules incorporating the principles oflaw not already in its rules that are established by fmal adjudicative decisions within 120days afterthe decision is announced in its cases. (7) (a) Each agency may enact a rule that incorporates byreference: (i) all or anypart ofanother code, rule, or regulation that 

### has beenadopted by a federal agency, an agency orpolitical subdivision ofthis state, an agency ofanother state, orby a nationallyrecognized organization or association; (ii) state agency implementation plans mandated bythe federal government for participation inthe 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 incorporatedbyreference; (iii) state the date, issue, orversion ofthe material being incorporated; and (iv) define specifically what material is incorporated byreference 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 ofthis chapter. (d) The agency shall maintain a complete and current copy ofthe referenced material available for public review at the agency and at the division. (8) (a) This chapter is not intended to inhibit the exercise ofagency discretion within the limits prescribed by statute or agency rule. (b) An agency may enact a rule creating a justified exception to a rule. 

# JUtah CodeTitle 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.TL ::out d1 /38. e(ii.·ctih· April 3tl. ::1101J

63-46a-3.S. Rules havingthe effect oflaw. ( 1) An agency's written statement is a rule ifit conforms to the definition ofa rule under Section 63-46a-2, but the written statementis not enforceable unless it is made as a rule in accordance withthe requirements ofthis chapter. (2) An agency's written statement that is made as a rule in accordancewith the requirements ofthis chapter is enforceable andhas the effect oflaw. (as /aH amendedfly Ul' I. 1003 ch 19 '· <ffo?crive Mar5. ::OOJj

63-46a-4. Rulemakingprocedure. ( 1) An agency authorized to make rules is also authorized to amend orrepeal those rules. (2) Exceptas provided in Sections 63-46a-6 and 63- 46a-7, when making, amending, orrepealing a rule agencies shall comply with: (a) the requirements ofthis 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 tothe requirements ofthis chapter, each agency shall develop anduse flexible approaches in drafting rules thatmeet the needs ofthe agency and that involve persons affectedby the agency's rules. (4) (a) Each agency shall file its proposedrule and rule analysis withthe division. (b) Rule amendments shall be markedwith new language underlined and deleted language struck out. (c) {i) The division shall publish the information requiredunder this Subsection (4) on the rule analysis and the text ofthe proposed rule in the next issue ofthe bulletin. (ii) Forrule amendments, only the section

or subsection ofthe rule being amended need be printed. (iii) Ifthe director determines that the rule is too long topublish, 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) Therule analysis shall contain: (a) a summary ofthe rule or change; (b) the purpose ofthe rule orreason 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 ofthe rule; (g) how interested persons may present their views on the rule; (h) the time and place ofany scheduled public hearing; (i) the name and telephone number ofan agency employee who maybe contacted about the rule; (j) the name ofthe agency head or designee who authorized the rule; (k) the date on which the rule maybecome effective following thepublic comment period; and (1) commentsby the departmenthead on the fiscal impact 

### the rule may have onbusinesses. (7) (a) For a rule beingrepealed and reenacted, the rule analysis shall contain a summary that generally includes the following: (i) a summary ofsubstantive provisions in the repealed rule which are eliminated from the enacted rule; and (ii) a summary ofnew substantive provisions appearing only inthe enacted rule. (b) The summary required under this Subsection (7) is to aid inreview and maynotbeused to contest any rule onthe ground ofnoncompliance with the procedural requirements ofthis chapter. (8) A copy ofthe rule analysis shall bemailedto all persons who have made timely request ofthe agency for advance notice ofits rulemakingproceedings and to any otherpersonwho, by statutory or federal mandate orin the judgmentofthe agency, should also receive notice. (9) (a) Following thepublication date, the agency shall allow at least 30 days for public comment onthe rule. (b) The agency shall review and evaluate all public comments submitted in writing within the time periodunder Subsection (9)(a) orpresented at public hearings conductedby the agency within the time periodunder Subsection (9)(a). (10) (a) Except as provided in Sections 63-46a-6 and 63-46a-7, a proposedrule becomes effective on any date specifiedby the agency that is no fewer than

seven calendar days afterthe close ofthe public commentperiod under Subsection (9), nor more than 120 days afterthe publication date. (b) The agency shall provide notice ofthe rule's effective date to the division in the form required by the division. (c) The notice ofeffective date may not provide for an effective date prior to the date it is received by the division. (d) The division shall publish notice ofthe effective date ofthe rule in the next issue ofthe bulletin. (e) A proposedrule lapses ifa notice ofeffective date or a change to a proposed rule is not filed with the division within 120 days ofpublication.

1.ts lcl.\t**,1n~<•nded** hy UTL ::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, orrepeal ofa rule during the public comment period. (2) Each agency shall hold a public hearing on a proposed rule, amendment to a rule, orrepeal ofa rule if: (a} a public hearing is required by state or federal mandate; (b) (i) another state agency, ten interested persons, oran interested association having not fewer than ten members request a public hearing; and (ii) 

### the agency receives the request in writing notmore than l

### 5 days after the publication date ofthe proposed rule. (3) The agency shall hold the hearing: (a) before the rule becomes effective; and (b) no less than seven days normore than 30 days after receipt ofthe request for hearing. (us las/ Wllt'lk/ed by /.;TL /98i dt J.ll)

63-46a-6. Changes in rules. (l) (a) To change a proposed rule already published inthe bulletin, an agency shall file with the division: (i) the text ofthe changed rule; and (ii) 

### arule analysis containing a description ofthe change and the information required by Section 63-46a-4. (b) A change to a proposed rule may notbe filed

more than 120 days afterpublication ofthe rule being changed. (c) The division shall publish the rule analysis for the changedrule in the bulletin. (d) The changedproposedrule and its associated proposed rule will become effective on a date specified by the agency, not less than 30days ormore than 120 days after publication ofthe last change in proposed rule. (e) A changedproposed rule and its associated proposed rule lapse ifa notice ofeffective date or another change to a proposed rule is not filed with the division within 120 days ofpublication ofthe last change in proposed rule. (2) Ifthe rule change is nonsubstantive: (a) the agency need not comply with the requirements ofSubsection (I); and (b) the agency shall notify the division ofthe change in writing. (3) Ifthe rule is effective, the agency shall amend the rule according to the procedures specified in Section 63- 46a-4. (a.>**Ia~**I ommckdhr UrI. ]01)/ ch 138. <;tj;•uive .lpril ./0. ]f)I)JJ

63-46a-7. Emergency rulemaking procedure. (I) All agencies shall comply with the rulemaking procedures ofSection 63-46a-4 unless an agency fmds that these procedures would: (a) cause an imminent peril to the public health, safety, orweifare; (b) cause an imminent budget reduction because ofbudget restraints or federal requirements; or Utah Code Title 63, Chapter46a (2006)
(c) place the agency in violation offederal or state law. (2) (a} When finding that its rule is excepted from regularrulernaking procedures bythis section, the agency shall file with the division: (i) the text ofthe rule; and (ii) a rule analysis that includes the specific

reasons andjustifications 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 offiling or any later date designated in the rule. (3) Ifthe agency intends the rule to be effective beyond 120 days, the agency shall also comply with the procedures ofSection 63-46a-4. (a• la<t amt·ndt•dhv UTI. 1£)1)5 ch 48 .> 8.**c:.tJ~·ctin!** May ;:, 2005; Boldfaci' c.:ha11ged[rom "F:xcq>1io11s It> mf<mwkillgpruct'Jun<" at the request uf rh.· AdmillistJ'ative Rules Revi.•u· Commiile.:. Jammry 14. ::oo;:)

63-46a-8. Division to provide Ust ofrulemaking activity to Office ofLegislative Research and General Counsel. [Repealed) ir<:pealed/>y UTL 199:: Lh 1-16)

63-46a-9. Agency review ofrules -Schedule offilings

-

- Limited exemption for certain rules. (l) Each agency shall review each ofits rules within five years ofthe rule's original effective date orwithin five years ofthe filing ofthe last five-year review, whichever is later. Rules effective prior to 1992 need notbe reviewed untill997. (2) An agency may consider any substantial review of

a rule to be a five-yearreview. Ifthe agency chooses to consider a review 

### a five-year review, it shall follow the procedures outlined in Subsection (3). (3) Atthe conclusion ofits review, the agency shall file a notice ofreview on orbefore the anniversary date indicating its intent to continue, amend, orrepeal the rule. (a} Ifthe agency continues the rule, it shall file a statement which includes: (i) 

### a concise explanation ofthe particular statutory provisions under which the rule is enacted 

### and how these provisions authorize or require the rule; (ii) a summary ofwritten comments received during and since the last five-year review ofthe rule from interested persons supporting or opposing the rule; and (iii) a reasonedjustification for continuation ofthe rule, including reasons why the agency disagrees with comments in opposition to the rule, ifany. (b) Ifthe agency repeals the rule, it shall comply with Section 63-46a-4. (c) Ifthe agency amends and continues the rule, it shall comply with the requirements ofSection 63- 46a-4 and file the statement required in Subsection (3)(a). 

# J

J

# ' Utah Code Title 63, Chapter46a (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 ofrules due for review at least 180 days priorto the anniversary date. (6) Ifan agency finds that it will not meet the deadline establishedin Subsection (1): (a) the agency may file an extension priorto the anniversary date withthe division indicating the

reason for the extension; and (b) the division shall publish notice ofthe extension in the next issue ofthe bulletin. (7) An extensionpermits the agency to file a notice

no more than 120 days after the anniversary date. (8) Ifan agency fails to file a notice ofreview 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 ofthe bulletinthat 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 ofSection 63-46a-4 to reenact the rule. (10) (a) Rules issued under 

### the following provisions related to the Department ofWorkforce Services or Labor Commission that are in effect on July 1, 1997,

are not subject to the requirements ofthis 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) Title40, Chapter 2, Coal Mines; and (v) Title 57, Chapter21,UtahFairHousing 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 ofWorkforce Services orLabor Commission files: (i) the notice ofreview, described in Subsection (3); or (ii) an extension described in Subsection (6).
(il.> last anu:mit'dhy UTL /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 ofAdministrative Rules created

- Appointment ofdirector. (1) There is created within the Department of Administrative Services the Division ofAdministrative Rules, to be administered by a director. (2) The director ofadministrative rules shall be appointed by the executive director with the approval ofthe governor. (a., cii<JC.Iuli>y {.; '/' L I !18 7 ,:/r ].1 { 1 Utah Administrative RulemakingAct

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 ofthe code and is the state-designated repository for administrative rules. 

### Ifa dispute arises in which there is more than one version ofa 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 ofAdministrative Rules- Duties generally. (1) The Division ofAdministrative Rules shall: (a) establish all filing, publication, and hearing procedures necessary to make rules under this chapter; (b) record in a register the receipt ofall agency rules, rule analysis forms, and notices ofeffective dates; (c) make the register, copies ofall proposed rules, and rulemaking documents available for public inspection; (d) publish all proposed rules, rule analyses, notices ofeffective dates, andreview notices in the bulletin at least monthly, except that the division niay publish the complete text ofany proposed rule that the director determines is too long to print ortoo 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 ofall rules and notices contained in the most recent bulletin; (g) publish at least annually an index ofall changes tothe administrative code and the effective date ofeach change; (h) print, orcontract to print, all rulemaking publications the division determines necessary to implement this chapter; (i) distribute without charge the bulletin and administrative code to state-designatedrepositories, the Administrative Rules Review Committee, the Office ofLegislative Research and General Counsel, and the two houses ofthe Legislature; 

## G) distribute without charge the digest and index to state legislators, agencies, political subdivisions on request, and the Office ofLegislative 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; andUtab Administrative Rulemaking Act
(m} administerthis chapter andrequire 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 thebulletin orcodeby: (a) implementing a uniform system of formatting, punctuation, capitalization, organization, numbering, and wording; (b) correcting obvious errors and inconsistencies in punctuation, capitalization, numbering, referencing, andwording; (c) changinga catc:hline to more accurately reflect the substance ofeach section, part, rule, ortitle; (d) updatingorcorrecting annotations associated with a section, part, rule, ortitle; and (e) merging or determining priority ofany 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 ofthe agency: (a} eliminate duplication within rules; (b) eliminate obsolete andredundant words; and (c) correcting defective 

### or inconsistent section andparagraph structure in arrangement ofthe subject
matter ofrules. (4) For nonsubstantive changes made in accordance with Subsection (2) or(3) afterpublication ofthe rule in the bulletin, the division shall publish a list of nonsubstantive changes in the bulletin. Foreach nonsubstantive change, the list shall include: (a) the affected code citation; (b) a briefdescription ofthe change; and (c) the date the change was made. (5) All funds appropriated or collected for publishing thedivision's publications shall be nonlapsing.

ras /,m,m1mdedby L:TL ::.001 ell 138, o!.f.ft·ctin! Apri/30. :OOii

63-46a-10.5. Repeal and reenactment ofUtab 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 ofthis 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 ofSection 63-46a-6; and (c) require each agency to prepare a brief summary ofall substantive changes made by the agency. (3) The division may make nonsubstantive changes in the code by: (a) adopting a uniform system ofpunctuation, capitalization, numbering, and wording; (b) eliminating duplication; Utab Code Title 63, Chapter46a (2006)
(c) correcting defective or inconsistent section and paragraph structure in arrangement ofthe subject
matterofrules; (d) eliminating all obsolete orredundant words; (e) correcting obvious errors and inconsistencies in punctuation, capitalization, numbering, referencing, andwording; (f) changing a catchlineto more accurately reflectthe substance ofeach section, part, rule, ortitle; (g) updating orcorrecting annotations associated with a section, part, rule, ortitle; and (h) merging ordetermining priority ofany amendment, enactment, orrepeal to the same rule or section made effective by an agency. (4} (a) To inform the public about theproposed code reenactment, the division shall publish inthe bulletin: (i) notice ofthe code reenactment; (ii) the date, time, and place ofa public hearingwhere members ofthepublic may comment onthe proposed reenactment ofthe code; (iii) locations where the proposed reenactment ofthe code maybereviewed; and (iv) agency summaries ofsubstantive changes in the reenacted code. (b) To informthe public about substantive changes in agency rules contained in the proposed reenactment, each agency shall: (i) make the text oftheirreenacted 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 daysnormore than 45 days after the publication required by Subsection (4)(a). (6) The division shall distribute complete text ofthe proposed code reenactment without charge to: (a) state-designated repositories in Utah; (b) the Administrative Rules Review Committee; and (c) the Office ofLegislativeResearch 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 bythis section. (8) Repeal and reenactment ofthe code meets the requirements ofSection 63-46a-9 for a review ofall agency rules. (u._, luslwncnd,,,/l>y LTI. }()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 often permanent members and four ex officio members. (b) (i) The committee's permanent members shall be composed offive members ofthe Senate, appointed by the president ofthe Senate, and five 

# J



# JUtah Code Title 63, Chapter46a (2006)

membeTS ofthe House, appointed by the speaker ofthe 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 ofexisting agency rules. Meetings may be suspended at the discretion ofthe 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 tobe a member ofthe Legislature, orwhen a memberresigns from the committee. Vacancies shall be filled by the appointing authority, and the replacement shall

serve outthe unexpired term. (c) When the committee reviews existing rules, the committee's permanent members shall invite the Senate and House chairmen ofthe standing committee and the Senate and House chairmen ofthe appropriation subcommittee that havejurisdiction over the agency whose existing rules are beingreviewed 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 ofthe process ofrulemaking. (b) The committee shall examine rules submitted by each agency to determine: (i) whether or not they are authorized by statute; (ii) whether ornotthey 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 ofstatutory construction. (4) The committee may request that the Office ofthe 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 ofits review ofeach rule and may include any recommendations. including legislative action. (b) The committee shall provide to the agency that enacted the rule: (i) its findings, ifany; and (ii) a request that 

### the agency notify the committee ofany 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 ofboth the House and the Senate, Senate and House chairs ofthe standing committee, and the Senate and House chairs ofthe Appropriation Subcommittee that havejurisdiction

over the agency whoserules are the subject ofthe findings. (7) (a) The committee may submit a report on its review ofstate agency rules to each member ofthe Legislature at eachregular 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 ofagency rules

- Extension ofrulesby governor. (l) All grants ofrulemaking power from the Legislature to a state agency in any statute are made subject to the provisions ofthis section. (2) (a) Except as provided in Subsection (2)(b), every agency rule that is in effect on February 28 of any calendaryear expires on May 1ofthat year unless it has been reauthorizedby the Legislature. (b) Notwithstanding the provisions ofSubsection (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 ofUtah'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 ofUtah 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 ofthis section, the entire rule, a single section, or any complete paragraph ofa rule may be excepted for reauthorization in the omnibus legislation considered by the Legislature.Utah Administrative Rulemaking Act
(4) The Legislature's reauthorization ofa rule by legislation does not constitute legislative approval ofthe rule, nor is it admissible in any proceeding as evidence of legislative intent (5) (a) Ifan agency believes that a rule that has not been reauthorized by the Legislature orthat 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 seekingthe extension, the agency shall submit a petition to the governorthat affirmatively
states: (i) that the rule is necessary; and (ii) a citation to the source ofits authority to make the rule. (c) (i) Ifthe 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 bypublishing that declaration in the Administrative Rules Bulletin on orbefore April 15 ofthat year. (ii) The declaration shall setforth the rule to be extended, the reasons the extension is necessary, and a citation to the source ofthe agency's authority to make the rule. (d) Ifthe omnibus bill required by Subsection (3) fails to pass both houses oftheLegislature or is found to have a technical legal defectpreventing reauthorization ofadministrative rules intended to be reauthorizedbythe Legislature, the governormay declare all rules to be extendedby 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 UrL /.998 ch 331. e(f-.,crt-<' July I, 1998)

63-46a-12. Interested parties- Petition for agency action. (I) As usedin 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, orrepeal ofa rule as provided in this section. (2) An interested person may petition an agencyto request the making, amendment, orrepeal ofa 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 orrepeal ofa rule, demonstrating that the proposed action is within thejurisdiction ofthe agency and appropriate to the powers ofthe agency. (5) Within 60 days after submission ofa petition, the agency shall eitherdeny the petition in writing, stating its

reasons for the denial, or initiate rulemaking proceedings. (6) (a) Ifthe petition is submitted to a board that has been granted rulemaking authority by the Legislature, the board shall, within 45 days ofthe submission of the petition, place the petition on its agenda for review. Utah Code Title 63, Chapter 46a (2006)
(b) Within 80 days ofthe submission ofthe petition, the board shall either: (i) deny the petition in writing stating its

reasons fordenial; or (ii) initiate rulemaking proceedings. (7) Ifthe agency orboardhas not provided the petitionerwrittennotice that the agency has denied the petition or initiated rulemakingproceedings within the time limitations specified in Subsection (5) or(6)respectively, the petitionermay seek a writ ofmandamus in state district court. l•l·' /,m,mr.•udedhy UTL :006 drl.lf. ejjixti1·c Hay 1,10061

63-46a-12.1. JudJclal challengeto administrative 

### rules. (I) (a) Anyperson aggrieved by a rule may obtain judicial review ofthe rule by filing a complaint with the county clerkin the district court where theperson resides or 

### in the district courtin SaltLake County. (b) Anyperson aggrieved by anagency's failure to comply with Section 63-46a-3 may obtainjudicial review ofthe agency's failure to complybyfiling a complaintwith the clerk ofthe district court where the person resides orin the district court in Salt Lake County. (2) (a) Except as provided in Subsection (2)(b), a person seekingjudicial review underthis section shall exhaust thatperson's administrative remedies by complying with therequirements ofSection 63-46a-12 before filing the complaint. (b) When seekingjudicial review ofa rule, the personneed 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 causethe person irreparableharm. (3) (a) In addition to the information required bythe Utah Rules ofCivil Procedure, a complaint filed under this section shall contain: (i) the name and mailing address ofthe plaintiff; (ii) the name and mailing address ofthe defendant agency; (iii) the name and mailing address ofany otherpartyjoined in the action as a defendant; (iv) the text ofthe rule orproposed 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

ormet the requirements for waiver ofexhaustion ofadministrative remedies established by Subsection (2)(b); (vi) the reliefsought; and 

# .J

# (1·,**\~** UtahCode Title 63, Chapter46a (1006)



### by: (vii) factual and legal allegations supporting the reliefsought. (b) (i) The plaintiffshall serve a smnmons and

a copy ofthe complaint as required bythe Utah Rules ofCivil Procedure. (ii) The defendants shall file a responsive pleading as requiredby the Utah Rules ofCivil Procedures. (iii) The agency shall file the administrative record ofthe rule, ifany, withits responsive pleading. (4) The district court may grant reliefto the petitioner

(a) declaring the rule invalid, ifthe court finds that: (i) the rule violates constitutional or statutory law orthe agency does nothave legal authority

### to make the rule; (ii) the rule is not supportedby substantial evidence whenviewed in light ofthe whole administrative record; or (iii) the agency did not follow proper rulemaking procedure; (b) declaring the rule nonapplicable 

### to the petitioner; (c) remandingthe matterto the agency for compliance with proper rulemakingprocedures or further fact-finding; (d) ordering the agency to comply with Section 63-46a-3; (e) issuing ajudicial stay or injunction to enjoin the agency from illegal action or action that would

cause irreparable harm to the petitioner; or (f) any combination ofSubsections (4)(a) through (e). (5) Ifthe plaintiffmeets 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 reviewunder Section63-46a-12.
Ius las/wnenddbv UTL 1001 ch 138,**<ffedil·~** .Jpril 30, lOll/i



### 63-46a-13. Actions for declaratoryjudgmentto determine the vaUdity ofa rule. (Repealed] (npwlcdhy L-11. IV'ill ch :C14; se<• Svclillll 63-4ti<!-1 l./(200/I andS<!..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 ofthis chapter shall commence within two years ofthe effective date ofthe rule. (2) A proceeding to contest any rule on the ground of notbeing supportedby substantial evidence when viewed in light ofthe whole administrative record shall commence within four years ofthe effective date ofthe challenged action. (3) A proceeding to contest any rule on the basis that

a change to the rule made under Subsection 63-46a-10(2)

or (3) substantively changed the rule shall be commenced within two years ofthe date the change was made.
1<1< !a.> I ammdt'Jh,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 ofrules -Judicial notice.
The code shallbereceived by all thejudges, public officers, commissions, and departments ofthe state government as evidence ofthe administrative law ofthe state ofUtah and as anauthorized compilation ofthe administrative law ofUtah. All courts shall takejudicial notice ofthe code and its provisions.

((L> /as/ cJIRCnJl'd hy Lfff./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 ofwritten records as prescribed byTitle46,Chapter 4, Part 5, Electronic Records in Government Agencies. (a' •·nudl'li by UTL2001 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 ID.'zip. Legis/.itil··· auitm i11/imnurion crdd.?d b.1· rhe Dil'i.;io11 of.ldminisn·.rtil·,• Rules ha.>t.·d n11 63_IJ>.txt (201M) prepared hylh<·: Ojjice <?!'Legis/at**in~** Rt:seanh wrd Genaai Cuml-'''1. 

# I

f I 

# I I ! I 

# ' l
I 

## i 

## f

t

# I

I 

# ' I ! 

# I I

## ADMINISTRATIVE SERVICES R15. Administrative 

### Services, Administrative Rules. R15-1. Administrative RuleHearings. 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 ofthis rule is 

### to provide: (a) procedures for agency hearings on proposed administrative rules or rules changes, or on the need for arule or change; (b) opportunity for public comment on rules; and (c) opportunity for agency response to public

concerns about rules.

R15-1-4. WhenAgeDCies HoldHearings. (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 arule'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 otherprocedures 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 ofstate 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 ofthe 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 personqualified 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 thejudgment ofthe officer. (4) Comment. (a) At the opening of the hearing, the 

### officer shall explain the subject 

### and purpose ofthe hearing and 

### invite orderly, germane comment from all persons in attendance. The officer may set time limits for speakers and shall ensure equitable use oftime. (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 ofevidence are not required. (5) TheHearing 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, ormake a briefsummary, oftheir 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 determinedby 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 forjudicialreview as provided by law.

KEY: adiiiinim'ative law, government hearings Date of Enactment or Last 

### Substantive Amendment: 

### June 1,1996 Notice ofContinuation: September29, 2005 Authorizing, 

### and Implemented or Interpreted Law: 63-46a-10 R1S. AdministrativeServices,Administrative Rules \ R1S-2. 

### PubUc: Petitioningfor 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 ofan 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 ofthe 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 ofreceipt.

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. PetitionConsiderationAndDisposition. (1) The agency head ordesignee 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 30days ofreceipt ofthe petition. (2) The petitioned agency may interview the petitioner, hold a public hearing onthe 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: 

### administrativelaw Date of Enactment or Last 

### Substantive Amendment: June 

### 1, 1996 Notice ofContinuation: September29, 2005 Authorizing, 

### and Implemented orInterpreted Law: 63-46a-12



### R1S. Adnlinmrative Services, Administrative Rules. R1S-3. Defmitional ClarificationofAdministrative Rule. R1S-3-1. Authority, Purpose, andDefmitions. ( 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. 

### Arule may also establish criteria for granting exceptions to the standards or procedures of the rule when, in thejudgment ofauthorized 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 ofits 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 ofrule 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-ProhibitedMateriaL (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: 

### administrativelaw Date of Enactment or Last 

### Substantive Amendment: June 1,1996 

## April 1, 2006 UTAH ADMINISTRATIVE CODE I 

# ! I I

f**~** 

# • 

# I I

!

## ADMINISTRATIVE SERVICES NoticeofContinuation: September 29, 2005 

### Authorizing, and Implemented or 

### Interpreted Law: 

### 63-46a-10; 63-46a-3

RIS. Administrative 

### Services, Administrative 

### Rules. RIS-4. AdministrativeRulemaking Procedures. RlS-4-1. Authority andPurpose. (1) This rule establishes procedures for filing and publication ofagency 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 ofthe 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 ofcollecting 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 ifa rule

orchange is made effective; (t) "Savings" means: (i) an aggregated monetary amount that will

no longer 

### be incurred by persons as a class ifa 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. PublicationDates 

### 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 ofthe month for publicationon the fifteenth ofthe same month. (a) If the first or fifteenth day is a Saturday,

or a Tuesday, Wednesday, Thursday, orFridayholiday, the agency shall file the rule and rule analysis by 11:59:59 p.m. onthepreviousregular business day. (b) Ifthe 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 ofeach 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 computedby: {a) counting the day after publication of the rule as the first day; and (b) counting the thirtieth consecutive day after the day ofpublication as the thirtieth day, unless {c) the thirtieth consecutive day is a Saturday, Sunday, orholiday, 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 ofthe 

### EffectiveDateofa 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 ofthe 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 therule as provided for in SectionR15-4-6. (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
commentperiod specified onthe rule analysis. (4) The division shall publish the effective date in the next issue ofthe bulletin 

### and digest. There is no publication 

### deadline for a notice ofeffective 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 ordo 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 ifthe 

### 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 butnot 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 ordesignee 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 

### inProposed 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) Theprocedures ofthis section apply if: (i) 

### the agency determines a change in the rule is necessary; (ii) the change is substantive under the criteria ofSubsection 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) 

### Ifthe rule is already effective, the agency shall comply with regularrulemakingprocedures. (2) To make a substantive change in a proposedrule, 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 ofthe bulletin, subject to the publication deadlines ofSectionR15-4-3. The division may also publish 

### the changed text ofthe 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 ofthis section. (2) The agency proposing a temporary rule shall determine if the 

### need for the rule complies with the criteria ofSubsection 63-46a-7(1 ). (a) The division interprets the criteria of 

## April 1, 2006 

## UTAH ADMINISTRATIVE CODE ' 

### t**~**

# I

{**~** 

# ! 

# I

i 

# I l 

# I 

# I '

## 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, ofan earlier expiration date. (4) A temporary rule is separate and distinct from a rule filed under regular rulemaking procedures, though the language ofthe 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 ofthe 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 andStrikingOut. (1) (a) Pursuant to Subsection 63-46a4(2)(b), an agency shall underscore language to be added and strike outlanguageto bedeleted 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 bybrackets. (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 ofthe 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 outin its entirety and surrounded by one setofbrackets. (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 ornonsubstantive; 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 changesproposed by the rule orchange; (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 orchange 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 costfigures. (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 ofthis 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 orreasons for the substitution. proceeding may

### berequired. (5) If

### no cost, savings, or compliance cost is associated with the rule orchange, 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 ofthese. (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 

### andpublishthe rule orchange; (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 ofthe Bulletin.

KEY: administrative law 

### Date of Enactment or 

### Last Substantive Amendment: July 

### 1,1998 NoticeofContinuation: September29, 2005 Authorizing, 

### and Implemented orInterpreted 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, orofRules 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, ifthe agency exceeds the 120-day limit required by Subsection 63- 46a-4(6)(a) as interpreted inSectionRlS-4-5. (3) 

### The division shall notify the agency ofa 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 ofa Refusal to 

### Publish or Register

a Rule orRule Change. 

## April 1, 2006 UTAH ADMINISTRATIVE CODE t 

# ! I 

# I
I 

# I l 

# I
!

## 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 20days ofreceipt ofthe 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 20days ofits receipt. (a) The division shall research all records pertaining to the rule orrule change at issue. (b) The response of the division shall state whether the rule is procedurally valid or invalid and how the agency mayremedy 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 20days, 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 ofthe 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 ofContinuation: September29,2005 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

## ~;ompcnsatedforresidential and day trea 

### Residentialandday 

### 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 

### infull 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

### treatmentshallnot c:eed 

### $200 per

### day and

## Ell**.15lillllll!ml..I¥J~!IL...ua-..i!lll.PLwpU**

### be 

### consideredpayment

### 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 

### limitationsu 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

### substancesunless mescrjbedby

### a

### medical practitioner 

### licensedto do 

### so. 

### Claimwill

### bedenied jfnohealin&

### benefitcan

### be identified.

KEY: victim compensation,victims ofcrimes [jllly

### a, l004]Janaarv 3. 100§ Notice ofContinaation 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-/DARFile No. 28319



### RULE ANALYSIS 

### PURPOSE OF THE RULE OR REASON FOR THE CHANGE: The purpose ofthe changes is

### to clarifythe general definitionsthat
are used throughout Title R307. This amendment is part of 

### revisions 

### to rules related 

### to the federal New Source Review program, commonlycalled •NsR Reform• (see separatefilings
on Rules R307-401, R307-405, and R307-410 in this Issue). (DAR NOTE: The repeal and reenactmenton Rule R307-401 is under DAR No. 28325; 

### the repeal 

### and reenactmenton Rule R307-405 is under DAR No. 28322; and the 

### amendment 

### to Rule R307-410 is under DAR No. 28323 in this issue.)

SUMMARYOFTHE RULEORCHANGE: In changes are: amend the reference within the definition of •Allowable Emissions• to 

### match the structure ofthe 

### 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 becausetheterms are used 

### only in the 

### newtextfor 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 inthe 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 SAVINGSTO: 

## + THE STATE BUDGET: The state budget is not affected because all costs for permitting are covered by the fees paid by sources. 

## + LOCALGOVERNMENTS: 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 FORAFFECTED PERSONS: The definitions are being moved but notchanged; therefore, there is no change in costs for sources subject 

### to the rule.

COMMENTS BYTHE DEPARTMENT HEAD ON THE FISCAL IMPACTTHE 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 FULLTEXTOFTHIS RULE MAYBE INSPECTED, DURING REGULAR BUSINESS HOURS, AT: ENVIRONMENTAL QUALITY AIR QUALITY 150N 1950W SALT LAKE CITY UT 84116-3085, or at the Division ofAdministrative Rules.

UTAHSTATEBULLETIN, December 1, 2005, Vol. 2005, No. 23 NOTICES OF PROPOSED RULES



### DIRECT QUESTIONS REGARDING THIS RULE TO: / Jan Milleror Mat E. Cartile atthe 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 PRESENTTHEIRVIEWS ONTHIS RULE BY SUBMITTINGWRITTEN

### COMMENTSTOTHEADDRESSASOVENOLATER THAN 5:00PM on 01/1712006

INTERESTED PERSONS MAYATTEND APUBLIC 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 ExceptwherespecifiedinindividualJUles, definitionsinR307- 1 01-2 are applicable to all JUles adopted by the Air QualityBoard. "Actual Emissions" means the actual rate ofemissions of a pollutant from aaemissions unit determined as follows: (1) In general, actual emissions as ofa particular date shall equal the average rate, in tons peryear, 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 ofnormal sourceoperation. Actualemissions shall calculatedusingthe unit's actual operating hours, productioa rates, and types ofmaterials processed, stored, or combusted during the selected time period. (2) TheExecutiveSecretarymaypresumethatsource-specific allowable emissions for the unit are equivalent to the actual emissions ofthe unit. (3) Forany 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 emitofthe unit onthat date. (4) For an electric utility steam generating unit (other than a
newunitorthe replacement ofanexistingunit) actual emissions of the unit following thephysical oroperational change shall equalthe representative actual annual emissions of the unit, provided the

source owner or operator maintains and submits to the executive secretary, on anannualbasisfora period of

### 5years fromthe datethe 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, mayberequired bythe executivesecretaryiftheexecutivesecretary

### determines such

a period to be more representative ofnormal source post-change operations. "Acute Hazardous AirPollutant" means any noncarcinogenic hazardous airpollutant for which a threshold limit value

- ceiling (TI.V-q has been adopted by the American Conference of Governmental Industrial Hygienists in its "Threshold LimitValuesNOTICES 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, suspendedsolidorany combinationofthem,excludingsteam and water vapors (Section 19-2-102(1)). "Air Contaminant Source" means any and all sources of emission ofair contaminants whetherprivately orpublicly ownedor operated (Section 19-2-102(2)). "AirPollution" meansthe presence in the ambient air ofoneor
more air contaminants in such quantities and duration and under conditions and circumstances, as is ortendstobeinjurioustohuman health or welfare, animal or plant life, or property, or would unreasonably interferewiththeenjoymentoflife oruse ofproperty

as determinedbythestandards,rolesandregulations adoptedbythe Air Quality 

### Board (Section 19-2-104).[ "AirQualityRelaledValttes"melft&; aa**t~~~ed** iR aaalysesttRder 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 ofthe 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"meansthe governingbody ofanycity, town orcounty. "Asphalt or Asphalt Cement" means the dark brown to black cementitious material (solid, semisolid, orliquid in consistency) of which the main constituents are bitumens which occur naturally or
as a residue ofpetroleum refining. "Atmosphere" means the air that envelops or surrounds the earth and includes all space outside ofbuildings, stacks or exterior ducts. "AuthorizedLocal 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 ofthestateDepartmentofHealth; andother lawfully adopted ordinances, codes or regulations not in conflict therewith.[ "8aseliRe Dete" (I)**~4ajer** settree easeliRe date ftlelfts: (a) ift the ease efparliettlele Matter: (i) fer gavis, Salt lake, Vlall, &REI Weeer Cellflties, the Elate that EPA 8j!lj!IF9Ye9 thePM19 MaiRtlftllRi!e plaR that wasaEiepteEI ey the Heard eft**l1d~** fi, 299!i; (ii) fer ell etherIH'I&s efthe stele, J&RII&F)' ti, I97S; te) iR the ease efsttlfw dieKilie: (i) fer SaltbalteCettRly,lhedate thatePAappre\·es the S11lfw Qie11iae lftliRtiRiftee J'I&R thatwasadej!lted 8y lheHeardeR 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) MifterseweeeaseliRe date ftle&Rs the earliesldate afterthe 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 sttlfwdieJtide, A11g11st 7, 1977.aRd lh) IR the eaae efRilregea**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,easedeft lheMaMiffttiatdegreeerredtlelieaefeaehpelltillftt 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 efprelhtelieapreeesses8Rd 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 efenypelltttiiRI!Iwhieh\'Jill eKeeed

### lhe llfti98ieRS alle"hed ey SeetieR Ill er II

## aeflhe CleaR Air ,t,at,] "Board" meansAirQualityBoard SeeSection 19-2-102(6Xa). "Breakdown" means 

### any malfunction or procedural error, to includebutnotlimitedto anymalfimctionor

### procedural errorduring start-up and shutdown, which will result in the inoperability or sudden loss of performance of the control equipment or process equipmentcausingemissionsinexcessof thoseallowedbyapproval order orTitle R307. "BTIJ" means British Thermal Unit, the quantity of heat necessary to raisethetemperatureofonepoundofwateronedegree Fahrenheit.

"Incinerator" meansa combustion apparatusdesigned forhigh temperature operation in which solid, semisolid, liquid, or gaseous combustible wastes are ignited and burned**e~ciently** and from whichthe solid andgaseousresidues containlittleornocombustible material.[ "IRaireet Se11ree" HII&A8 a llttiltiiag, siNeftlre er iRstallatiea whieh aliFeets er M&y attrael Hleeile sewee aelivity that resttlts iR eftlissieR efa pellttt&Rt fer whieh th- is a RlllieRalstaftdard.] "Installation" means a discrete process with identifiable emissions which may be part ofa larger industrial plant. Pollution equipment shall not be considered a separate installation or installations.

"Secondary Emissions" meansemissionswhich would occur as
a result ofthe constroction or operation ofa 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 includeemissions from anyoff-site support facility which wouldnotbeconstroctedorincrease its emissions exceptas 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 ofa motor vehicle. from a train, or from a vessel.

UTAII STATE 8VLLET/.V. December I. ::!005, Vol. 2005. No. 23DAR 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 netemissions increaseorthepotential ofa
source to emit any ofthe following pollutants, a rate ofemissions that would equal or exceed any ofthe following rates: Carbon monoxide: I00 ton 

### per year (tpy); Nitrogen oxides: 40 tpy; Sulfur dioxide: 40 tpy; PMJO: 15 tpy; Particulate matter: 25 tpy; Ozone: 40 tpy ofvolatile organic compounds; Lead: 0.6 tpy.[ (2) Fer J!llif1'9Ses efPdQ7**49~** it shell else additieRally MeaR

(a) A rate efe!flissiefiStl!at weald**e~tael** er eKeeed any efthe 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:** I9 &py; Tetal**red~:~eed** salftlr**(iRei~:~EiiRg** H-28): 19tpy; R:eEiaeed s1:1lfi:tr eefR1!1&1:1REIII (iReh:tdittg Hi!S): I9 tpy;**~4~:~Rieipal** 'l>'&ste eemeaster ergeaies (Meas\lreEI as tetel tetra threYgl! eeta ehleriR&tedElilleRi!EI p itieKiM B.ftd diheMeftif&ns): 3

### .l gratRs per year (3**.~** It l94 tells per::1ear);**M~:~Rieipal** waste eeFR8H91er metals (meas\tfed as**p&Aie~:~late** FRatter): 14 megagr&R\S per year (1**~** tefiS peryear);**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 peryear**(~9** teRB J!leryear);

. (8) IR refereRee teattet emissieRs iRerease erthepeteRtial 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 iRereaseasseeiateEI witha A'l8jer

seuree er fftajer ffteeif.ieatieR, whieh weule eeftstrllet withia lQ kileffteters efa 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 ofthese materials. "Solvent" meansorganic materialswhich areliquid at standard conditions (Standard Temperature andPressure)and which are used

as dissolvers, viscosity reducers, orcleaning agents. "Source" means any structure,building, facility, orinstallation 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 underthe control of the same person or persons under common control. A building, structure, facility, orinstallation means all ofthepollutant-emitting activities which belong to the same industrial grouping. Pollutantemitting activities shall be considered as part ofthe same industrial grouping ifthey belongto the same "MajorGroup" (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 GovernmentPrintingOfficestock numbers4101-0065 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. "StandardsofPerformancefor New StationarySources"means the Federally established requirements for performance andrecord keeping (Title 40 Code ofFederal Regulations, Part 60). "State" means Utah State. "Synthesized Pharmaceutical Manufacturing" means the manufacture ofpharmaceutical products by chemical synthesis. "Temporary" means not more than 180 calendardays. "Temporary Clean Coal Technology Demonstration Project"

means a cleancoal technology demonstrationproject

### 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 maintainthenational ambient airquality standardsduring the project and after it is terminated. "ThresholdlimitValue- Ceiling(Tl V-C)" meansthe airborne concentration ofa substancewhichmaynotbeexceeded, as adopted bytheAmericanConferenceofGovernmentalIndustrialHygienists 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 ofGovernmental 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 ofmatter, collectedby high volume sampler. .· "ToKic ScreeningLevel" meansan ambientconcentrationofa·

. \ 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 consideredtobehighly flammableor explosive including,but notlimitedtoclothing,rags, leather, plastic, rubber, floor coverings, excelsior, tree leaves, yard trimmings and other similarmaterials.[ "VeAieally R:estl'ietee efftissieHS R:elease" FR98R9**~e** releaseef aR air eeRtilffliflaRt lkreugl! a staek erSJ!lBRiRg whese**~ew** isdireetee i11 a Ele\'JRward er lterii!eRtalliireetiett 81:1e te the aligRMeRt efthe epeRiRg eraphysieal eestFIIBtieR plaeedeeyeHd the epeRiHg, erata 'fteigl!t whieh isless th&R 1.3 liFRBS thelteigkt 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 eestrlletieRplaeedeeyefld the epeRiRg, aRd at a heigllt whieh is at least 

### 1.3 times the lleigM efBR 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"meansall solid, liquid orgaseousmaterial, including, but not limited to, garbage, trash, household refuse, construction or demolition debris, or otherrefuse including that resulting from the prosecution ofany business, trade orindustry.

### NOTICES OF PROPOSED RULES 

# t

-·· . "Zero Drift"

### means the 

### change in

### the

### instrumentmeterreadout


### over a stated period 

### o · ofnonna1 

### continuous operation when the 

### VOC 

### concentration the

### time 

### ofmeasurement 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 newtext 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 overviewofthe 

### 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 bythe 

### State

### ofUtah ratherthan enforceable rule requirements. 

### These provisions include the 

### processthat the Board would follow to reclassify areas within the state for 

### purposes of 

### PSD. including consultation with 

### the Governor and the Legislature. 

### DARFile No. 

### 28320

THIS RULE OR CHANGE INCORPORATES BV REFERENCE THE FOLlOWING MATERIAL: State Implementation Plan, 

### SectionVIII Prevention 

### ofSignificant 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 SIPwill have iitti on

### the

### costa ofthe 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. Uttlechange in air pollution is 

### expected.**uutiiM..I.AM::~<** 

### COSTS FOR AFFECTED PERSONS: It 

### is anticipated that isions In the PSD SIP

### will have little effecton the 

### costa of major NewSource Reviewprogram forsources 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 BVTHE DEPARTMENT HEAD 

### ON THE FISCAL IMPACTTHE RULE ':f

### HAVEON 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 ofAdministra e Rules.

DIRECTQUESTIONS 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 PRESENTTHEIRVIEWS ONTHIS RULE BV SUBMITIINGWRITTENCOMMENTSTOTHEADORESSABOVENOLATER THAN 5:00 PM on 01/1712006

INTERESTED PERSONS MAYATTENDAPUBLIC 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----------------------~~~~~~~~~** '-' UTAHSTATEBULLE.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. GflleralReqalremeatl: StatelmplemeatatloaPiau. 

### R307-110-9. ' Seetioa 

### Vlll, Preveatloa of Slplftcaat 

### Deterlontlo•. 

### TheUtahState lementationPlan, SectionVlll,Prevention ofSignificantDeterio ·on, 

### as most

### recently amendedby the

### Utah Air Quality 

### Board on , ]february 

### 1. 

### 2006, pursuant to 

### Section 19-2-
, is hereby incorporated by

### reference and made a part

### ofthese rul

KEY: air

### poDutloa,PMll,P 

### [Sept•••• I, :&815]agg§ 

### Notlc:e ofContlnuatloa 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 ofthis amendment is to cia · the applicability ofthis 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 ofSubsection R307- 401-8(1)(a) so that all permitting requirements are in one place. Section R307-401-10 currently contains the contingency measuresto be 

### implemented if

### the ozone health standards are violated. The provisions ofSection 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 19-2-104(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 andthe revised versions, there is no change in 

### for sources subject to the rule. 

## + o PERSONS: Because there are no diffsrences be 

### the current rules 

### andthe revised versions, there is no chan In 

### costs for sources subject to the rule.

lANCE COSTS FORAFFECTED PERSONS: Becausethere are differences between 

### the current rules and the revised 

### versions, 

### there Is no change in costs 

### forsources subjecttothe rule.

COMMENTS BYTHE DEPARTMENT HEAD ON THE FISCAL IMPACTTHE 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

### TEXTOFTHIS RULE MAYBE 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. '

DIRECTQUESTIONS REGARDINGTHIS RULE TO: 

# J' Mat E. Carlile orJan 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,orby Internet E-mail at MCARLILE@utah.gov
or

### J miller@utah.gov

PERSONS MAY PRESENTTHEIR VIEWSON THIS RULE BY WRITTEN COMMENTSTOTHEADDRESSABOVE NO 

### LATER on 01/17/2006

ONS MAYATTEND APUBLIC HEARING REGARDING

005 at2:00PM, 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: 

### airpoDution 

# [s.,

....... 11, '"' Notice ofContinuation 

### 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 

### ofthe 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 R307-110-9, Rule R307-325, Rule R307-405, Rule R307-410, and Rule R307-413 In this issue). (DAR NOTE: The amendmentto Section R307-110-9is 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 movedfrom 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. Thefollowing 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) becausethey are 

### usedonly 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 clarifythatthe exemptions applyonlyto 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 sourcesthat reduce emissions In Section R307- 401-12 (formerly Section R307-413-8) has been expandedto apply 

### to any reduction in emissions; 3) the replacement-Inkind provisions In Section R307-401-11 (formerly Section R307-413-5) havebeen expandedto betterdescribethe kinds of replacements that qualify forthe 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 avoluntary registrythatwill 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 ofthis exemption are being metthrough 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

### bemet. Additional language has been addedto Section R307-401-5 to clarify that a BACT analysis must be Included inthe 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 incrementconsumption are betteraddressed through other mechanisms. (DAR NOTE: The amendmentto Section R307-101-2 is under DAR No. 28319 in this issue.)

UTAH STATE BUllETIN, 

### December 1, 2005, Vol. 2005, No. 23

### DARFile 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

### AirQuality'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 sourcesthat may

### besubject

### 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 

### forfuture applicants. No significant increases in air pollution are expected, as the changes that expand the exemptions apply 

### to emission decreases orvery 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 FORAFFECTED 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 BYTHE DEPARTMENT HEAD ON THE FISCAL IMPACTTHE 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 FULLTEXTOFTHIS RULE MAYBE INSPECTED, DURING REGULAR BUSINESS HOURS, AT: ENVIRONMENTAL QUALITY AIR QUALITY 150 N 1950W SALT 

### LAKE CITY UT 84116-3085, or atthe Division ofAdministrative Rules.

DIRECTQUESTIONS REGARDING THIS RULE TO: Jan Millaror 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 atjanmiller@utah.gov or MCARLILE@utah.gov

INTERESTED PERSONS MAY PRESENTTHEIRVIEWS ON THIS RULE BY SUBMITTINGWRITTEN COMMENTSTOTHEADDRESSABOVE NOLATER THAN 5:00 PM on 01/1712006

Ur.mSTATEBUUETIN,

### December I, 2005, Vol. 2005, No. 23 

### NOTICES OF PROPOSED RULES

INTERESTED PERSONS MAYATTEND APUBLIC 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 eflateat ••

### htiP••··'al 9PdePt 

### RaN 411 lo :Netlee eflateat

......... (I) lii11eep& fer 

### &he llliMpfteaeliMell ia R.107 4U1 

### aay ,_. ittteadb'l te 

### eeaetNet a Bft' iaetellati•

..**-.r~Heh** 

### ·»ill er Might 

### MaeeaHiyllleiJlllaatell&e llleaeme 

### a 18111'811 eraa iadifee& aewee ef air pellllti81l er te IMlEe 

### mellifiea&iBIII er Mleeate aa etH8tiat iaeteHaaieawlHell\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 dtatNehiftat.allaaea 

### IMY llleiJllleeted tellleaeJM a IBW88 

### eria4ireet seweeefairpeiiYiieB; eraay p81118B iatllldiaateiaetallae81ltrel apparaNI,**ere._·~**

### iatlllllell te eeatrel eiBiaeiea efair aeatallliaeBt8 &eat a 1tatia...,. sewee1 

### ahall!Nhlllittethe ellae&ti•JI 118Ntaly

### a aeaeeefiateataallNeei•Je
8ll

### apprnalarMrpl'ierte

### iBitiati81l efeeaetNetiallj medifieetieaer 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 erestahliahmellt will llle ia aaael'd wiah 8J1plieele**re~BIB** 

### ef theee 

### Nles. Wtthift lQ llaya after fillip& 

### ef

### a aetiee efiateM; 

### er liB)' 

### adllitieaal iRt8fm88ea eeeea1ar; te the 

### M'lievl, the MIIMRiw 

### seeretely sh" 84\•ise the 

### app8a8Bt efMY defieillley iathe aetiae efiateat er

### the ,· iRf'emlati81l**~&.** 

### 'fhelli!BetHWe 818fltaly

### shall11'8B81Bitte

### the /.

# =:::::::::~~~ NihplfiBit. (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 adthe 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 efiBteat! (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 efeireeatami1181K8r (1) 

### Siee, type aaci perfei'IB8Bie ehareeteristie1 efaay 

### eeatrel IMBJIIM!plll&reP8RNIISI!Io. (4) beeatiea and ele'Jatiea efthe 1Mie1iea peiat Mil ether faeteR MlatiBg te ElispeRiea aall tiifNsieaeftlteaireeatamiB8Rt ia

15 :.NOTICES OF PROPOSED RULES 

# •• 

# (b

-

.**·~=.::::=.:::::~;:::::::::~=** (S) The leellliell efpliiiMdllllfRt'liftgpaints 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 efIUINilillilll ef**~tetiee** efi11l811l•**(~** 

### 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 efaeeftll'lete applieatiea iaehtdiRg ell the iftf

.... ellMIIIMIIIift'RdQ:1 491 l,theeue8UWte 888Ntaly 

### shell eitHer ia!NI**~** ..., 1'1'8hia,itiag the PfSIIB&ad eellaneaea, iMtelletia.;

...**ifi•tie~~;**NleeatieRerea...,lialulleatifit

### ietlea•ed 

### ahat

# 8tl¥,... ef'ia ia iaaa...-18meet the applleahle flll'!ifllfteftla afIYQ;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. Ifmere 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 appleA Ifdil!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., ...tteel'fieialaaad agiMiea hw;iJig eegaiaRee

ever the leeatieR where 

### the prepesed**eaii&U:Ueti~** we\lld eeew 1111 fellewe1 

### any eaa.818te er 1eealeirpelhttie11 ee111rel ageReiea: the ehiefeMeMitiv• efthe eily

# w ee\lllly where the aawee wwld tie lee

.... 18)'aea.:ehiRiiriare&i&MIIaad IIIIII'IHRiftgiiiiiiiYi 8Hd MY aleta; 

### :FMaral b...t

### Meaager, er llldiaa**QeveraiRgtla~·**

# ··'lila• IMdeIMYhe aft'lated
._,elfti!llielll frem the**set~re~** ermedifieatie11. AftyeJIIIIBtad eeftll\llilptieReffheIIIMimllftl 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 bMilMIIR6gerHdJtfe·tidedtathe 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 eathe 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 ermedifieatieR. (2) Qpparl\lftily fer Re., il't't udCemma11t**(~** 

## ,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 eellllfteRtperied shell he**F~Mtttii'M**hefare 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 efRa97 49S, Preve11tie11 ef Sigaitieat QeterieratiBII efAirQwelity (PSQ); (8) 8\IIJjeet tethe reljttireiii8Htaefl\lQ:1 41 S, QpeRltiftgPlffllit 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**(~** 

### Mjelllte MY stHderd er FlifttireRteRt ef42 U.S.C. 7411 er-J4+l.: (ii} A**N~~West** te nte11d lhe leRgth eftheeeftlfRIIIIperieli;\II'te 39**de¥&~** 1J18Y ha 8\lhmia.ed MY'ime •Nithia 19 days afthe 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) FetMYRaliee efiRIIRtprepeaal aelsllltjeet Ia (i)ahe•111, a 39 

### de¥f'\llslie eelflftlelllperiell 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'laler diaappreval er4er 

### lftllY he 8\lhmittell aayti111e widlin 19 days ar IS**da~·s** eflhe dale efa aeliee ift a aew!!IJiaper 'llftderpreviaie111 efeidler(i) er (i¥). TheheaPiftl**s~Je~la,e** held ia the


### area ef the prepesed eellMNetieR, iMtellatiea, medifieatiea, releeatiea er eatahliahllllllt. All)' eeRURBRta erslaleMaftla reeei'led shell he eeRBidered hefere a ar4er ia iawed erde11ied. (vi) The pll&lia eeiHftlaRIMd heariRg preeed\lre shall aat he reif\lired wilBII an er4er is isa\led fer lhe pttrpese efelttllldillg 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 •aaeeretary shell i!i!iltl BR el'tlerpllflftia.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&. ReeeiptafaR appre.,.al erder tieea ftet relie•>'e 8ft)' e•#11er er epereter ef the respeMieility te eelftply with the pre·tisieRs efR397 er the Stele ilftplelfteRtetieR Pia. Te aeeemlftedata staged eeaswetiea efa 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, 111gilleeFiRgrepeFisBRdelheriRfeAftali8H 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** here•• ie·,o;ed ad 111editie.t

### as apprepriate atthe earliestreeseftahle titM prierte eeft'IIIIMie:HeMef eeRaiNetiea efeeeh iRdepeREieRI ph1111e eflhe prepesed sewee er 111edifieatiea.

R307 401 6, CeRIIitieaa fer leatliRI AppN¥al OrdeFt The l!leelltive seeretary shall iBStte 111 eppre'>•al arder ifit 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. 23DAR File No. 28325



## ,,.
ll) The**~egree** efI'Bllu•ieR eeR•FBI fer tliRissiaRs. •e**iRel~uJe** fugi•i'e emissiefts**aft~** f\tgi•ive this•. is at least\lest a¥aileleeeR•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 AirPelltti&Rts; Ae\'1 settree re¥iew er4teria; ft\ltltiffttiFR elle•NahleiAerease and mMimtiFR allewahle eeMeRtratieA**re~tttiF81ReRts** fer PrenRtieR efSigRifieBAt I)eterieratiell; the State lfRI'IemeRtatieR Plaa fer the area, if the area is elassilied 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 lAlll'l'reval ef41erIIRder Rl97 4QS fi Hlr a !Nijar setlfee er majer medifieatieR whieh eenstllft8s mere th&R**SQ~{o** efthe iaeremeats ia R3Q7 4QS 

### 4 ealy after reeei¥iRg the al'pre·;al efthe Beard.**~07** 40l 7, Te1Rp8Fili'Y Releeatiea. The e·JIRer er epeF&ter efa 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 ifappre·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 efeaeh 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 sttemitthe 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 tehe leeatetl iRa RenaKaii'IIRiftt erlftllliatea&Ree area er whieh ,.,.ettld**imt~aet** a AeRaKaii'IIRIIII ermaiateR&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 afLiiRitatiaaa. Atalime that a settree ermedifieetiea eeeemes amajerSBttFee

er majer medifieatieR eeeHse efa reiMatiea efIIRY eftfereeaele limitatieR whish was estahlished after Attgttsl 7, 1980, &R the eapaeity efa 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 erFRedifieatiell.

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:IStieRhtlffters are**replaee~.Yaless st~eh**  replaaemeRl is Ret l'hysieally l'raetieal ereast 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**

### furOii!:8Re**~leR&KaiRFReRt** At'885 aRd SaltlakeBAdQll'lis CettRties. Ifthe CeAliRgeRey RettttiremeRIII 

### fer aitreg1111**&~~ides** are H'iggered as ettlliRetl iR SeetieRJ;x.Q.2.h(2) efthe

### State lmpi81ReRtatieRPIBR, 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 ereest 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 •ettttiretlte iaatall Rew eeRtrela tiRder (2) shall stthmit, wnhiR R\18 meathe after aha \rigger Elate, either a**sehe~ttle** fer iastalliRg the**e~tYipllllftt** era**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)tlelftmeatheafter the Elate efisstt&Rea te deteffftiae the stati:IS ef eeRslrl:letiea, iastallatiea, medifieatien,**~eleeatieR** erestahllshm8Rt. Ifa eeatiBIIetiS pregFBB!: efeeastNetiea, iRstalletieR, medifieatieR, teleeatieaerestHii&hmeatisRet**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 fornew sources andmodifications to existing sources throufdwut the State ofUtah, 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 ofthe pennittingrulesestablishes independent reguirements, and a source must comply with all ofthe requirements that apply to the source. Exemptions under R307-40I do not atTect apolicabilitv ofthe other peonittimr rules.

RJ07-401-2. 

### Definitions. (I) The following additional definitions apply to R307-401, "Actual emissions" (a) means the actual rate ofemissions ofan aircontaminant from anemissionsunit. asdetennined in accordance with p8@mphs Cbl through Cd) below. Cbl In genera). actual emissions as ofa 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 sourceoperation. Theexecutivesecretuyshall allow the use of a different time period upon a determination that it is more representativeofnonnal sourceoperation. Actual emjssions shall be calculated using the unit's actual operating hours. production rates, and tvpes ofmaterials 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 ofthe unit 

### on that

### date·

)I 

### "Best available control tccbnolo&Y" means an emissions limitation lincludinc 

### a visible emissions standar4\ based on the maxiiDIDD

### decreeof

### reduction for

## each air

### contamjnantwbjcbwould 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 innovativefuel combjnatjontechniques forcontrolofsuchool!utanl In no cycnt shall 

### appljqtion ofbest 

### 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

### and6\.lftbe

### executive

## sccretarvdetmnines that

### technololic;al

## or economjc limjtatipns 

### on the appljcaticm pf measurement metbodptpcv to a 

### particular emjssiona unit 

### wpuld 

### make the impositionofgemiui(JDS 

### stan4ardinfegjble. a !lesim.

### eauipment w9Jk

## mctice· cpratic>DilstandardorcODJbigtipn therepf. may be prescrjbc4 jnstead 

### to sati,m 

### the requirement for 

### tbe aoo!iqticm of bestayailablecontrol technoiP&Y· 

### Such

### Standardshall. to the

### sieme possible. 

### set fortb the emissions reciuction achievable by implementation of such 

### lfesim. equipment, work mactice or operation,

### and shall

### provjcle forcompliancebymeans whjcb achieve eauiya}mt

### results· 

# ( 1'1"'·

. ''Buildinc, structure. facilitv, or 

### installation" means all ofthe '-" 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 lorpersons undercpmmoo cpntrollexcept

### the activities ofanY

### vessel. Ps>llut&ntemittiagactivities shall beconsjdq,ed

## as Part ofthe 

### 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,

## ormodification of

### anemissions

## unit> thatwould resultin

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 astack, chimney. vent. 

### orOther functjonally eaujvalcnt openinc. "Indjrcct 

## source" means a bujldimr. structure, facility or installationwhich

## attracts ormay 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,imumcapacityofaStationarv spurce to emit an air

### contaminantun4erits Physical and 

### operational design. Any physical

## oroperational limitationem 

### the capacity ofthe



### sourceto emit aoollutant includingairpollutioncontrol eguioment and rgtricliAAs pn OOurs ofo.pcratjpn or on tbe type 

### or amount of material combuste4. store<!. 

### orprocessed. shall be treated as Part of its design ifthe limitation orthe effectitwould have on emissions is DAR File No.**~8325**



### enforceable. Secondary emissions do not count in determining the potential to emit ofa stationary source. "Secondarv emissions" means emissions which occur as a resultoftbeC()l!Structionor operationofamaiprstationarv 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 

### ofthe 

## 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 ofa 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

### aJ1C'W

### jnstallatjonwhich wj!l ormjchtreasonably be

### expectedtobecpme asourceoranindirect

## sourceofair

### oo)lution,

<bl 

### make modifications or relocate an exjstinc installation which wm

## ormicht 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 orindirect SOUJ'Ce 

### ofair

### ooUutjon.

## or lcl install a cpntJpl apparatus 

## or ptber

### equipment intended tp control

### emissions pfair

### 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 

### otherregujrements 

### 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 

### Ptberrequirements 

### under R307- 40I. ypless sm:iticallyauthprized in

### this rule.

R307-401-4. 

### General Reguirsmeata, The ieneral reouirementsjalllthrough 

### <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 ofintent 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 arcreplaced. the pwner

## oroperator shall jnsta!! low oxjdes ofnitroun bumen or equivalent oxicles of njtrpg:en controls. as determined by 

### the**e~tecutive** 

### secretary. unless such eauipment is notphvsicallv practical orcosteffective. The owneror 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. 23DAR File No. 2X325

!b) The provisions of (a) above do not apply to noncommercial. residential buildings.

R307-401-S. Notice ofIntent. (I) Except as provided jn R307-40!-9 through R307-401-17. the ownerorooera!orofany stationary source subject toR307-401 shall submita notice ofintent to the executive secretary and receive

anaPProval orderprior to initiation ofconstruction. modification or relocation. The notice ofintent shall be in a foonat specifiedby 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 ofrawmaterials: the type and quantity offuels 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 ofair contaminants. (<;) Size. type and perfoonance characteristics ofany control apparatus. (d) An apa!ysjs ofbest available control technology for the prooosed source ormodification. When determiningbest available control technology for a new or modified source 

### in an ozone nonattajnment or maintenance area that will emit volatile organic compounds ornjtrogen oxides. the owner or operatorofthe source shall considerEPAControlTechniqueGuidance CCTGl documents andAlternativeControlTechniqued9cuments 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 ofthe emission oojnt and other factors relatingto dispersion anddiffusionof

### the ajrcontaminantin relation to nearbY structures 

### and wjndow ooenings. and other informationnecessary toapprajsethepossibleeffectsoftheeffluent. 

### <0 Thelocation ofplanned sampling ooints andthetests 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 andrelatedinformationthat are in final form at the time ofsubmission ofnotice ofintent. 

### <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) CompletenessDetermination. Within 30days afterreceipt ofa notice ofintent. orany additional information necessary to the

Ur.wSTATE 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 ofintent 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. relocationorestablishmentjfitjs deemed that 

### any part ofthe proPOsal is inadequate to meet 

### the applicable reauiremcnts ofR307. (3) Thereview oeriod under (2) above maybeextendedbyuP 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 ordisapprove in a newspaper ofgeneral 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'sanalysisofthenotice ofintentproposal,

### andtheproposed approval orderconditions will be available for public jnspection. (b) Public Comment. (i) A ten-day public commentperiod 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 ofR307-405. Permits: Major Sources in Attainment

## or Unclassified Areas.

... <B> subject to the requirements ofR307

### -406, Visibilitv.

. \ CCl subjecttotherequirementsofR307-415. OPeratingPerrn!J Requirements: (Dl a svnthetic minor source in accordance with R307-41 5-**~**CEl located in a nonattainmentarea or a maintenance area for any oollutant: or (f) subject to any standard or requirement of42 U.S.C. 7411 or7412. (iii) A request to extend the length ofthe comment oeriod. up to 30 days. may be submitted to the executive secretary: <A> within I0 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 underlil 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. relocationorestablishment. (vi) The public comment and bearing procedure shall not be required when an order is issued for the puroose ofextending 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 

### publicc;;omment

### perj<KI andatthe Publichearing and.jfaPJlropdatc. wjll make changesto tbeproposal in response to comments before issuing an apProval oQJcr ordisapproyal order.

R3Q7=4Ql-8. App[pval Ordsr. 

### <Il The

## executive seqetarvwill issue

## an approval orcler ifthe fol!owjng conditions !Jave 

## been meti •

. Ca) The 

### dep:e ofpollution control for emissions. to 

### include fi!gjtjve emissions

### andfuJitjve

### dust· isMleytbest avajlabk;control technology. 

### Wben determiningbest

### avaiJab!c controltecbno!gp for

a

### new ormodified

## sourcejaan

## ozone nOMtt!linment

## armaintenance 

## area that 

### will emjt

### volatile organic co!JWOunds or

## nitrocn**~ides.** best 

### available con1roltechpology 

### shall

## btat least

## as stringentas any Control TccJmjgue

### Guidlnce documenttbat has been oublished 

### bv EPA 

### thatjs appljcable tothe 

### source.

. (b) The proposed 

### installation wjll meet the 

### aopljcable reguirements of: 

### li> R307-403. 

### Soun:es in Nona · t

AirPollutants; <ix> B3Q7-1!0. U9AState lmp\emeatation Plan: 

### and lxl 

### aU otheromyisjoas ofR3Q7. (2) The 

### approval order will TCQI!irC 

### that all POllution control eguipmentbe 

### adeauatelv tnd prooerlv maintained (3) Recejpt of

### anllOJIOVal orderdoes 

### notrelieve any owneror operatorofthe

### respgpsibiltv to comply with the orovisions ofR307

or the 

### State ImpJementatitn Plan. l4l To ac;;commod&!Fstaeed construction ofalara; 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

### Otherinformationthe orooosal is dctennined feasible by 

### the executiyt secretary u!lder the intent of R307. Subsequent detailed plwwill 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 ofeKh independent phase ofthe oroposed 

### source or modifis;ation. (5) If the exes;utivt secretarv sletcrmines that 

### a prOPOsed stationary source. modification 

## or relocation docs not meet the conditionsestablished in (

### Jl above. the exes;utjve secretary wjl! not issue 

### an approval 

### order.

R307-401-9. SmaU 

### §oprgExemption. (!

### l A small 

### stationary source is exempted from the requirement to obtain an approval orderjn 8307-401-5 through 8if the fo!lowjn1 conditions are met. DAR File No. 28325

# ~ 1

I •

# ~ h 5 ° 

### Ia 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. orvolatile

## 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

### peryearofany .inatjonofajrcontaminantsnot 

### listedjn 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=:::~=**  undgiCal 

### through (c) U4ve. t2) 

### The owner gr

### gperator ofa source that 

### is emnpted 

### from theBQuiremcntto 

### obtajfap 

### a,pprova\or4er

### under {Il above sball no lonabe exemptifactyllemissions in anv subsequentyearexceed the emjssjon tbresbolcfl in (

### 1) above. The 

### owner or operator shall subgajt a notice ofinteg& under R307-40 1-5 no later than 

### ISO davs aftci the 

### end ofthe 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

### underR301;;401-9. The

### owner

## orQperatorofastationary
sourcethatis claimju

### an exemption underR307-40

### I-9 may submit

awritten regjstratiOJ noticeto 

### 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 ofplant site manager

### or ooiDt of

### contact:

# eauh:en~

# ===**::an:i::rm~!eri'a::::s~:e j~;vaild**  auantity offuel empi!Wed and nature and quantity ofthe finished

### ~ ' 

### {c) identificatiogofexpected 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 eguipmentin whichcombustion takes place at
no materpressure

## than onejncbofmercurv above ambientpressure with aratedcapacityofless than five mmjonBTUocrhourusjngno otherfuel than natuq) gas 

### orLPG or otbermixed gas that meets the standards of

### &as distributed by a uti!jty in acCordance wjth the rules ofthe Public ScrvjccCommission ofthe State ofUtah. unless there

are emissions otber than combustion products. <2> Comfortheating equipment such as

### boilers. waterheaters. 

### air heaters and steam generators wjth a rated capacity ofless than

one million BTU per 

### hour iffueled 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. 23DAR File No. 28325

operation; · , '**~'**

# eauiO::entj!;s-;Q=~=**:U!i;Ao'!l!!u~:::O!** Nationa!EmissionsStandardsfor HazardousAirPollutantsunde(42 U.S.C. 7411 or 7412; 

### and .ii (b) the replacement ·of 

### the controfapparatus or process equipment does not violate anyother provision ofTitle R307. J C2l Replacement-in-Kind ProcedureL

## '> '
Cal In lieu offilin& a notice ofintent 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

### tbtcontrol 

### capabjli\y of any control apparatus and a demonstratiotthattbeconditions of(Il above are met.

. , \. · Cbl If the reolacement-in-kfud 

## msfts tbe conditions o( 

### ID above. the executjve secretarv will updite the source's approval orderandnotify the owneroroperator. Public review underR307- 40I-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.Theowneroroperatorofa 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 emitofany air contaminant orcause emissions ofany new ajrcontaminant. and Cb) the executive secretary is noli

### tied 

### ofthe chan&e and the reduction of ajr contaminantS js made enfOrceable 

### throyg an approval 

### Order in acCordance with {2) below. ; (2) Notjfication. The

### owner orQperator sball submit a written description ofthe project to the executjve secretarv nolaterthan 60 daysafterthe changes aremade.Theexecutivesecretary will update the source's approval orderorissii:' a new approval orderto include theprojectandto maketheemission reductjons enfon;eable. fublic review under 8307-401-7 is not required for the uPdate to the approval order.

UTAIISTATE 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 ofR307-40I.
......,


### R307-4!1-11. Used Oil Fuel 

### Burned for 

### Enem Recovery, Ol Qefinjtjons. "Boiler"

### means boilerasdefined 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 

## crudeoil.

### used,l!lld.

## as a resphofsuch

## use contaminated

### by physical

orchemigliiqpuritjes.

.. . 

## <2> Boilmbumjn!Jllledojlfor e!leiJY recovmareexempted from the 

## JftVimnent to 

### g)?tain an awroyal orsler jn R307-401-5 through 

### 8

## ifJJJC fol!owinciequirements

## are met: (a\ theheatjnput 

### dcljpjs Jess than onemmion 

### BTU/br; Cbl corjaminatiqp levels ofall usecl ojl to be burned do not exceed 

### IIDY 

### ofthe followiaa values: 

# m arsenic

- 

## s

# wm by weight. Cii\ sedmjum

- 2 

### ppm by weight. ljijl chromium

- 10

### ppm by weigbt.

# Jiiji~~~M~IOO**de~**

### Fabrmhet!: .:

# ~s:i::a:aii5:::~1t::a**~=i~~'flr!i :0::::;::TuS!i** **tl;U:!:J:t~** ASIM

### method as requiredby 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. AirStripiKn and Sqil Venting Protects, lIl The owner or cmerator ofan ajr stripper 

## or soil ventin& systemthat is used to reroediate contaminatedgroundwaterorsoil is exemot(rom thenotjceofintent and8pllroval orderrequirements of R307-40J-5 through 8 ifthe 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 listedin 8307-401-9(J)(a>. and <bl the level 

### of aoy one hazardous air pollutant or any combinationofhazardous airPOllutants isbelow the levels ljsted in R307-4l0-4fl)(dl. <2> The owneroroperator shall submitdocumentation that the projest meets the exemption reaujrements in lIl above to the executive secretary

## prior to be&inninc the remeciiatjon projest. (3) Afterbe&innin& the soil remediationprojqt. the owneror 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 ofvolatile organic compounds and hazardous air pollutants shall be based on test data obtained in accordancewith thetestmethod intheEPAdocument SW -846.Test #8020or#8021 orothertest ormonitoringmethod approved by the executive secretary. Results of the test and calculated annual 

# r-1**~~**

### NOTICES OF PROPOSED RULES

'() quontity 

### o(emiaionsofvolotile ""'"''oompo.m<kond ""'"""' air pollutants shall be submttted to the executtve secretary wtthm

onemonth ofsampling. The test samples shall bedrawnon intervals ofno 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-annuallYthereafteror

### as determined necessaryby theexecutive 

### 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 ofless 

### 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 8when soil aeration orland 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 maniccompounds. 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 ofhazardous ajr ool!utants are less than the 

### levels jn R307=41 0-40)(dl; and (3) the 

### location ofthe remediation and where the remediated material originated.

R307-401-17. Temporaa Relocatioo. The 

## owner or ooerator of a stational)' source previously approved

### underR307=40 

### 1may temporarilyrelocate and ooerate the stationarv 

### source at any sjte for up to 180 working days in any calendar yearnotto 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 thebases for determining ifapproval for temponuy relocation may be granted. Records ofthe 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- 40l-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 afterthe date ofissuance to determine the status of constructjon. installation. modification. relocation orestablishment. Ifacontinuous program 

### ofconstruction. installation. modification. relocation orestablishmentis notproceeding. theexecutive secreta!)' may revoke the aporoval order. DAR File No. 28322

R307-401-19. Analysis ofAlternatives. The owner or operator of a major new source or maior modification to be locatedin anonattaiomentormaintenance area or which would impact a nonattainmentor 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 ofLimitations. 

### At a time that a source or modification to be located in a nonattainment or maintenance 

### area or which would impact a nQilJttajnmentormaintenanceareabecomes allll!iorsourceormajor modification because ofa relaxation ofany 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 ormodification.

KEY: airpollution, permits, approval order(.t.) (SeptemlleP15, 1991]Ig Notice ofContinuatioo 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 FTHE 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 moreflexibility 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 ifan emission increase qualifies s a major modifica n. This test may be used only ifthe urea agrees to monitor d report emissions to guarantee t tthe 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 ofUtah erthan 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 provisionsthat were adopted by EPA
on tober 27, 2003, and then stayed by the DC Circuit Court ofAp als on Decemb r 23, 2003, pending appeal; 2) Clean Unit an Pollution ontrol Project provisions that were vacated b the D ircuit Court ofAppeals 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 ofAirQuality activities in issuing approval orders under Rule R307-405 are vered by fees aid bythe

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 ACTTHE 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 ofthis revision. Dia e 

### R. ielson, Executive Director

THE F LTEXT OFTHIS RULE MAY BE INSPECTED, DURING REGULAR BUSINE HOURS, AT: EN ONMENTAL QUALITY AIR ALITY 150N 

### SOW SALT LA E CITY UT 84116-3085, orNOTICES OF PROPOSED RULES DARFile No. 28322

\

### ~ 

# P--/7 Ur.m STATE BULLETIN. December I, 2005. Vol. 200;, No. 23DAR 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 impactthatemissions 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 applyto smallersources 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 inthis issue)are being moved to Rule R307-410 because the terms are not used in other rules. The incorporation by reference of the federal GuidelinesonAirQuality Models is updatedto reflectthe 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 amendmentto 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 CFR51.100, 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 costsforsources subjectto 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 costsforsources subjectto the rule.

COMPLIANCE COSTS FORAFFECTED PERSONS: Becausethere 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 IMPACTTHE RULE MAY HAVE ON BUSINESSES: These clarifications may makEf /
a very small difference in costs for businesses, asthe. rule wi-'. '"\. be easier to understand and to use. Dianne R. Nielson.J Executive Director

. ·

THE FULLTEXTOF 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 ofAdministrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO: Jan Miller or Mat

### E. Carlile atthe 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 atjanmiller@utah.gov or MCARLILE@utah.gov

INTERESTED PERSONS MAY PRESENTTHEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTSTOTHE ADDRESS ABOVE NO LATER THAN 5:00PM on 01/17/2006

INTERESTED PERSONS MAYATTEND APUBLIC HEARING REGARDING THIS RULE: 12114/2005 at2:00PM, DEQ Bldg

### #2, 168 N 1950 

### W, Room 201, Salt Lake City, UT.

THIS RULE MAY BECOME EFFECTIVE ON: 0210212006NOTICES 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 ofnew 

### or modified sources that require

### an aPJ!roval 

### order

### under R307=401 to ensure thatthe source will notinterferewiththeattainmentormaintenance of

### anyNMOS

as reauired by 40 CfR 51.160. 

### The rule also establishes the orocedures andreauirementsforevaluatingtheemissionsimpact

### of hazardous ajroo!lutants. The rule also establishesthe

### procedures for establishingan emissionrate

### basedon the goodengineeringpractice stack. height as reauired

### by 40 CFR 51.118.



### RJOZ-410-l. Deftnidons. 

### UL The following additional definitions apply to R307-410. "VerticaltvRestrictedEmissionsRelease" meanstherelease of

an ajrcontaminantthrougha

### Stackorogenjngwhoseflow is directed 

### in a downward 

### or horizontal direction due to the alignment ofthe opening oraphysical obstructionplacedbevondthe ooening. orata heightwbjch is less than 1.3 times the heightofan &diacentbuilding

orstructure.

## as measured from mund level, "verticallyUnrestrictedEmissions Release" means the release ofan air contaminant through a stack 

### or OJ!Clling whose flow is directeduowardwithout any physical obstructionplacedbevondthe 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) 

### Exceotas 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) effectiveJuly I. 2005 areherebyincorporated 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> shallbechangedto "R307-40

### I.R307-403 and R307- 405". (c) The phrase "For sources subject to the prevention of significant deteriorationprogram (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 efeMissieR efa**pe!l~t&Rt** aeeerlliRgte a1Rtes13heFie eeREiitieRS erllftlhieRI 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, ereeMhiRiRg eJth&ll!il gases &eM several**e~tistiRg** !ilaeks iRte eRe staek; erether 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'•IRerereperaterdeMeRslralesthatthe 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 efaeh&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 thatIMfliRg was sigaifieanllyM&li'l&tedhy &R iRteRt te gaiR eMissieM eredit fer pealer di!lperaiea. 

### AhseRt a demeRstfatieR lly the BBI:Iree ewfter ereperaterthatJMI'gillgw85Ret 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& eRresidetltialweed hi:II'NRg&Rd epeR ht:tFRiRg; er (e) TeehRiEtYes tmder (e) whieh iRere85e fiaal eJth81:1St gas**pl~lfte** rise wherethe res11ltiRg alle·;tJ&hleeiRiaaieM 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!ftgiReeriRgpl'll8tiee !ilaekheightl:lftderalteRI&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**~)** efthe "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** erRea""y lefNiR feat1:1res whieh iREii·;id1:18lly is at least 49 J!ereetlt iR eJteess efthelflllltilftl:llft eeRel!fttratieR**e~tperieReed** iR the aeseRee ef stteh dewR\TJ&sh, wakes, er eddy effeets aRd whii!h eeRirilndes tealeta\ eeReeRtratieRwete 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 wete 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 Sshall he preaerihee

### lly the state appre'lal efdererthe 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. 23DAR 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 QS 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 "GeetlERgiReeFiRg 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) efthe defiAitieR ef**"~MeessiYe** CeReetUrtiieR", eneept that the eFRissieR rMe speeifiell ey

### IHIY applieahle State iFRpleMeRtatieRpiiHI (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 eMistiRgstaek, astletePMift811**~** 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 efa 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 stNeNFesRet**adeEt~tately** represeRtedl!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 efthe MMiFRIIM eeFteeRtretieR eMper\eReed ill the a'eseRee efstteh 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 efthe staek1 (2) Whete 

## i\ geell eRgiReeriRg praetiee sleek height measttred freM the peltlld le•Jel ele't'atieR at the l!Jase efthe staek1 H height efRear'lly stfllelYre(s) FReast:trell fi=eM the greltftd le·,.el elevatieR at the ease efthe 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 afa 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 ereperaterhad 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 FRedeIer a ftelll stttdy eppre ;ed h) the E11eettti'+'e seeretery, whieh ettsttres tkat tke emissieRs fteM the staek de 11etrest:tlt iR e11eessheeeReeRifatieRs ef air eeHtamiRiftts as a rewlt ef alfftespheFie de'\VHWash, wakes, er eddy effeets ereated eythe 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 efa 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 IQ tif'Res the MB!I:iffttlft\height ef\hefealYre, 1'181 te elleeed

## a Miles ifsll8h a feaktre aehieYese. height 

### I/2 f'Rile l'reFR the staekthat is at least 49 pereeRtefthe**G~P** staekheight deteFFRiRed l!Jy the feFFRttlae previtied iR Slthpart (IJ)(ii) ef the deftRitieR "Geeti eRgiHeertRg Praetiee (GeP) StaeltHeight" efthispart er

# a' Meters,**%o'Riehe~·er**is greater, as measwed freM tlte grettRd level ele·,.atieR at the !lase ef the steelE. The height efthe slNetltfl ertefF8iR 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 erepeteterhall (I) l!legltR, er 981t9ell Ia eegiR, 8 ee&tiRIIIIYS f1F9gf8M ef ph)sisal eft site eeRslflletieR efthe steak, er (2) eRtered iftte eiftdiBg BgteeFReRt& ereeRtreelllaleeJigatieRS, whieh**ee~tltl** Ret he eaneeled erf'Rediiied withe\lt slt'estaRtiallese te the ewMrerepertier,te ltftdertalte apregratHefeeR&INetiea efthe staek te 'lie eeFRpleted iR a reaseRaele tiMe.]**R307-410-(~)~.** 

### Use ofDiapenlon Models. All estimates ofambient concentrationsderived in meeting the requirements of R307 shall be based on appropriate air quality models, databases, andotherrequirements specitied 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 orsubstitution ofanothermodel. In meeting therequirement'J.

. offederal law, any modification or substitution will be made onl with the written approval ofthe 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 attainmentarea with a total controlled emission rate per pollutant greater than or equal to amounts specified in Table I, ora modification to an existing source located in an attainment area which increasesthe total controlled emission rate perpollutantofthe

source in an amount greaterthan orequal to those specitied in Table I, shall conductairquality modeling, as identitied in R30741**0-[~JJ..** to estimate the impact ofthe new or modified source on air quality unless previously performed air quality modeling for the wurce indicates thatthe addition ofthe proposed emissions increase would not violate a National Ambient Air Quality Standard[-eF-& Pi"BYeRtieR ef8igRifieBRtDelerieratieR iReFeFRBRt]. as determinedby 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 yearNOTICES 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 scheduledtobesubjectto an emission standardpromulgated under 42 U.S.C. 7412 at the time a notice ofintent 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 ofan emission standard underRJ0?-214-2.thatjncomorates40 CFRPart63 might reasonablybeexpectedto posean unacceptablerisk topublichealth, require, on a case-by-case basis, notice ofintent documentation of emissions consistent with (c) below. (A) The executive secretary**[s~MM~billl** notify the source in writing ofthe 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 ofthe notice, orsuch longerperiodas 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'swrittenresponse, the physical andchemical properties ofemissions, and ambient monitoring data. (b) leadCompounds Exemption. Therequirements ofRJ0?-**410-[4~** do not apply to emissions of lead compounds. Lead compounds shall be evaluated pursuant to requirements ofR307-**410-[~M-** (c) Submittal Requirements. (i) Each applicant's notice ofintent shall include: (A) the estimated maximum pounds per hour emission rate increase from each affected installation, (B) the type ofrelease, whether the release flow is vertically restrictedor unrestricted, the maximum release duration in minutes perhour, the release heightmeasured from the ground, the height of any adjacentbuilding orstmcture, 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 (TlVTWA)orthe threshold limit value- ceiling (TlV-C) multiplied by the appropriateemission threshold factor listed in Table 2, exceptin the case ofarsenic, 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 acutehazardous air pollutant releases having a duration period less than one hour, this maximum pounds per hour emissionrate 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 1ess 0.038 0.051 ZI

- 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 ofa comparison ofthe estimated ambient concentration oftheproposedemissions withthe applicable toxic screening level specified in (d) below. (iii) A sourcewith an estimated ambient concentration equal to

or greater than the toxic screening level shall provide additional documentationregarding the impact ofthe proposed emissions. The executive secretarymay require such documentation to include, but not be limited to: (A) a description ofsymptoms and adverse health effects that

canbe caused by the hazardous air pollutant, (B) the exposure conditions ordose that is sufficient to cause the adverse health effects, (C) a description ofthe human population or other biological species which could be exposed to the estimated concentration, (D) an evaluation ofland 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 hourfor emissions releases having adurationperiod of

one hour or greater, (B) one hour for emission releases having a duration period less than onehour ifthe emission rate used mthe model is consistent with an identical operatingprocess 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 I/ 30th the value ofthe Tl V- TWA. and the applicable averaging period shall be 24 hours. (iii) The toxic screening level for all carcinogenic hazardous airpollutants is 1/90the value ofthe TLV-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. 23DAR File No. 28324**R307-410-(5J~.** Stack Heights and Dispersion Techniques. (I) The degree ofemission limitation required ofany source for control ofany air contaminant to include determinations made under R307-401, R307-403 and R307-405, must notbe affected by

somuch ofany source's stack height that ellceeds good engineering practice orby any other dispersion technique ellcept as provided in (2) below. This does not restrict, in any manner, the actual stack height ofany 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 ofSection 118 ofthe 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: airpollution, modeling, hazardous airpollutant(-*], stack height(-*) (Septemher 151 1998)2006 Notice ofContinuation 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 separatefilings 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 OFTHE RULE OR CHANGE: The portions of Rule 30·J 413 that n ed to be retained are relocated to Section R307- 401-9throu 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 usethe rule has prov· ed little benefit and is routinely misin reted. The underl mg goals ofthis 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 thatwere form 

### y located in ection R307-413-4 that applyto 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 SAVINGSTO: (• 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 esultofthese 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 ofthese changes. eraII, 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 polluti 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 ofthese 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

# NewspaperAgency t;orporation

--onnn-- 

# iJ1r

# iaHtaktatribuat MorningNews 4770 

# s. 5600 

# w. P.O.BOX 704005 WEST VALLEY CITY, UTAH 84170 

## PROOF OF PUBLICATION CUSTOMER'S COPY 

# G**~** 

### FED.TAX I.D.# 87-0217663



# c :,:::.:': :::m::::mt :ddS\fbM:i&Jiiiilt:'Xib.?.ib.tOOisi!f::::= •;:•(::: 

# \::::>ic®M •'NtiMBli:R •··•·:::

..:.: ,.: ::· ::::::.:•D.ATll}:i/:U: 

# :<.

OT ST DEPT OF ENV QUALITY DIVISION OF 

### AIR QUALITY PO BOX 144820 SALT LAXB 

### CITY UT 84114

.00 U5364000L-07

183.08



## 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 ofSignificantDeterioration (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
ofthe Rules Coordinators for the Division ofAir Quality. I want to welcome you to this hearing to
New Source Review reform rules.
Division of Air Quality staffmembers present are Colleen Delaney, environmental scientist; '**~**



## ity Board proposes to revise R307-101-2, R307-110-9 and the state implementation plan (SIP) for Prevention ofSignificant 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 ofthe
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 orre-written to improve clarity and to ensure that all provisions are located appropriately for ease ofuse. 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 ofthe 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 HearingRoster

HEARING DATE 

# J), 

# -1"1. 

# -0.5 PLACE 

# t1J6Q**KL?~nL,** 

# J..oI

SUBJECI'



## NAME AFFD...IATION PHONE and 

## EMAll.. ADDRESS

# • 

# Change In 

# Proposed RuleDAR 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 ofthis amendment isto 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, ofthe 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 owneroroperatorofanystationarysource" with "any person" to ensure consistency with the Utah Air Conservation Actand 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 thatwas 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 ofthe 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 togetherto understand all ofthe changes thatwill 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 correctthe 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

UTAHSTATEBULLETIN, 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 ofAdministrative 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 PRESENTTHEIR VIEWS ON THIS RULE BY SUBMITIINGWRITIEN COMMENTSTO 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 ofthe 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 ofthe other permitting rules.

R307-401-2. Definitions. (I) The following additional definitions apply to R307-401. "Actual emissions" (a) means the actual rate ofemissions ofan aircontaminant from an emissionsunit, as determinedin accordance with paragraphs (b) through (d) below. (b) In general, actual emissions as ofa 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 secretaryshall allow the use of a different time period upon a determination that it is more representative ofnormal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types ofmaterials 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 ofthe unit. (d) For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit ofthe 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 ofreduction for each aircontaminantwhich 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 ofproduction processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel (eemeiBatieft]Combustion techniques for Control of suchpollutant. In no event shall application ofbestavailable control technologyresult in emissions ofany pollutantwhich wouldexceed 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 ofan emissions standard infeasible, a design, equipment, work practice, operational standard or combination thereof, may beprescribed insteadto satisfy therequirementfor 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 ofthe pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and 

### are underthe control ofthe sameperson (orpersons undercommoncontrol)except the activities ofanyvessel. Pollutantemitting activities shall be considered as part ofthe same industrial grouping ifthey 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 bythe 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,ormodification ofan emissions unit) that would resultin

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 passthrough a stack, chimney, vent, orotherfunctionally 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 ofa 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 ofoperation or on the type oramount ofmaterial combusted, stored, orprocessed, shall be treated as part ofits design ifthe limitation or the effect it would have on emissionsis enforceable. Secondaryemissions do notcount in determining the potential to emit ofa stationary source. "Secondary emissions" means emissions which occur as a resultoftheconstruction oroperation ofamajorstationary 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 ofa 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 ormightreasonably be expectedto become a sourceoran indirect source ofairpollution,

or (b) make modifications or relocate an existing installation which will ormight 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 ofairpollution, or (c) install a control apparatus or other equipment intended to control emissions ofair 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. Thegeneral requirements in (I) through (3) below apply to all

new and modified [setWeeS]installations, including [ setWeeS]installationsthat are exemptfrom the requirementto obtain

an approval order. (I) Anycontrol apparatusinstalled 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 ImplementationPlan limitation, is creating an adverse impactto the environment, orwouldbe injurious to human healthorwelfare, then the executive secretarymayrequire the [ liffilfee]owneroroperatorto submit a notice ofintent and obtain an approval orderin accordance with R307-401-5 through R307-401-8. The executive secretarywill completean appropriate analysis and evaluation in consultation with the [settFee-]owner or operator before determining that an approval order is required. (3} Low Oxides ofNitrogen 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 physicallypractical orcost effective. Theowner 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.

UTAHSTATEBULLETIN, April I, 2006, Vol. 2006, No. 7DAR File No. 28325

R307-401-S. Notice ofIntent. (I) Except as provided in R307-401-9 through R307-401-17, [the ewHerereperaterefllftY statieHary searee)anyoerson subject to R307-401 shall submit a notice ofintent to the executive secretary and receive an approval order prior to initiation of construction, modification orrelocation. The notice ofintent shall be in a format specified by the executive secretary. (2) The notice of intent shall include the following information: (a) A description ofthe nature ofthe processes involved; the nature, procedures for handling and quantities ofraw materials; the type and quantity offuels 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 ofair contaminants. (c) Size, type and performance characteristics ofany control apparatus. (d) An analysis ofbest available control technology for the proposed source ormodification. 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 ornitrogen oxides, the owner or operator ofthe source shall considerEPA ControlTechnique Guidance(CTG)documents andAlternative ControlTechniquedocumentsthat 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 ofthe aircontaminant in relation to nearby structures and window openings, and other informationnecessary to appraise thepossibleeffects ofthe effiuent. (f) The locationofplanned samplingpoints and thetests ofthe 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) Anyplans, specifications andrelatedinformationthat are in final form at the time ofsubmission ofnotice ofintent. (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 exemptionin R307-401-9through 16. anyperson that is subject to R307-403. R307-405. orR307-406 shall submjt a notice ofintent to the executive secretary and receive an approval order prior to intiation ofconstruction. modification. or relocation.

UTAHSTATEBULLETIN, 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 orderin 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, carbonmonoxide, nitrogen oxides,PM 10, ozone, orvolatile 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 ofhazardous airpollutants; (c) its actual emissions are less than 500 pounds per year of any aircontaminantnotlistedin (a)( or (b) above and less than 2000 poundsperyearofany combinationofaircontaminantsnotlisted 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 oroperator ofa source that is exempted from the requirementto obtain an approval orderunder(I) above shall no longerbe exempt ifactual emissions in any subsequentyear exceed the emission thresholds in (I) above. The owner or operator shall submit a notice ofintent under R307-401-5 no later than 180 days after the end ofthe calendaryear 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 exemptionunderR307-401-9. The owneroroperatorofa stationary

sourcethat is claiming an exemptionunderR307-401-9 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 ofplant site manager orpoint ofcontact; (b) a description of the nature of the processes involved, equipment, anticipated quantities ofmaterials used, the type and quantity offuel employed and nature and quantity ofthe finished product; (c) identification ofexpected 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 boileras definedin 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 ofsuch use contaminatedby 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 ifthe 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 ofall used oil to be burned do not exceed any ofthe following values: (i) arsenic

- 5 ppm by weight, (ii) cadmium- 2 ppm by weight, (iii) chromium- 10 ppm by weight, (iv) lead- I00 ppm by weight, (v) total halogens- 1,000 ppmby weight, (vi) Sulfur- 0.50% by weight; and (c) the flash point ofall used oil to be burned is at least 100 degrees Fahrenheit. (3) Testing. The owneroroperator shalltest eachload ofused oil received or generated as directed by the executive secretary to

ensure itmeets theserequirements. Testingmaybeperformed by the owner/operatorordocumented by testreports from the usedfuel 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 andmade available to the executive secretaryor**[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 systemthat is used toremediatecontaminatedgroundwaterorsoil is exemptfrom the notice ofintent and approval orderrequirements of R307-401-5 through 8 ifthe 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 ofhazardous airpollutants is below the levels listed in R307-410-[4]_l( l)(d). (2) The owneror operatorshall submitdocumentation 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 ofthe volatile organic compounds and hazardous air pollutants in (l) above are not exceeded. Emissions estimates ofvolatile organic compounds and hazardous air pollutants shall be based on test data obtained in accordance withthe test method in the EPA documentSW-846, Test #8020 or#8021 or othertest ormonitoring method approvedbythe executive secretary. Results of the test and calculated annual quantity ofemissions ofvolatile organic compounds and hazardous air pollutants shall be submitted to the executive secretary within

one month ofsampling. Thetest samples shallbe drawn on intervals ofno 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-annuallythereafteror

### as determined necessarybythe 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 ofless than five million BTU per hour using no other auxiliary fuel than natural gas orLPG, 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 ofintent and approval order requirements of R307-401-5 through 8 when soil aeration orland farming is used to conduct a soil remediation, if the owner or operator submits the following information to the executive secretary priorto beginning the remediation project: (l) documentation that the estimated total air emissions of volatile organiccompounds,using an appropriate samplingmethod, 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 ofthe remediation and where the remediated material originated.

R307-401-17. Temporary Relocation. The owner or operator of a stationary source previously approved underR307-401 maytemporarilyrelocate and operate the stationary source at any site for up to 180 working days in any calendaryearnot 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 ifapproval for temporary relocation may be granted. Records ofthe working days at each site, consecutive days at each site, and actual production rate shall be submitted to the executive secretary at the end ofeach 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 temporaryrelocations under R307-401-1(9]1.

KEY: air pollution, permits, approval order§ Date ofEnactment or Last Substantive Amendment: 2006 Notice ofContinuation: 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 ofthis ame public comments. 

## s in Attainment
reas (PSD)

OR REASON FOR E CHANGE: The ment isto make changes in responseto

UTAHSTATE BULLETIN, April!, 2006, Vol. 2006, No.7NOTICES OF CHANGES IN PROPOSED RULES

(A)**~he** area in which the proposed source or modification would**con~ruct** is designated as attainment orunclassifiable under section I07(d)(i)(D) or (E) ofthe Act for the pollutant onthe date of its complete a'N'lication under 40 CFR 52.21 orR307-405; and (B) in the_ case of a major stationary source. the pollutant would be emitted-Jn significant amounts, or. in the case ofa major modification, then\wouldbea 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 ofdeterminin- the amount ofavailablePMl0 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) Theterm "Adminis tor" shallbec 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** 52.2I(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 ofpermits 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 maypetition theBoardto change the class· 1cation ofan areadesignated underR307-405-4,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 sedredesignation, including a satisfacto description and analysis o the health, environmental, econo ic and social and energy effec ofthe proposed re[s]designati

. (2) The etition shall contain a emonstration that the proposedredesign ·onmeets the criteri utlined in SectionVIII 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 of40 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: airpoD tion, PSD, Class I area Date ofEna ent orLast SubstantiveAmendment: Notice ofContinuation: August 11,2003 Authorizing, and Implemented orInterpreted 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 ofthis amendment is to make changes in response to public comments.

SUMMARY OFTHE 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 ofthe 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.)

UTAllSTATE 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 BYTHE 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 FULLTEXT OFTHIS 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 ofAdministrative 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 PRESENTTHEIR VIEWS ON THIS RULE BY SUBMITIING WRITIENCOMMENTS TOTHE ADDRESSABOVE 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 ofnew or modified sources that require an approval orderunder R307-401 to ensure that the source will not interfere with the attainment or maintenance of any NAAQS[ as FeEjlliredby 40 GFR Sl.HiO]. The rule also establishes the procedures andrequirements for evaluatingthe emissions impact ofhazardous airpollutants. Therule also establishes theprocedures 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 AttainmentAreas. Prior to receiving an approval order under R307-401, a new
source in an attainment area with a total controlledemissionrateper

UTAHSTATEBULLETIN, April 1, 2006, Vol. 2006, No.7 NOTICES OF CHANGES IN PROPOSED RULES

pollutant greaterthan orequal to amounts specified in Table 1, or a modification to an existing source located in an attainment area whichincreasesthe total controlledemissionrateperpollutantofthe

source in an amount greaterthan orequal to those specified in Table 1, shall conduct airquality modeling, as identifiedin 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 indicatesthatthe addition ofthe proposed emissions increasewould not violate a National AmbientAirQuality 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 subjectto orare scheduledto be subjectto an emission standard promulgated under42 U.S.C. 7412 at the time a notice ofintent is submitted, except as defined in (ii) below. This exemption does not affect requirements otherwise applicable to the source, including requirements under R307-40I. (ii) The executive secretary may, upon making a written determination that the delay in the implementation ofan emission standardunderR307-214-2, that incorporates40CFRPart63.might reasonablybeexpected topose an unacceptablerisk topublic health, require, on a case-by-case basis, notice ofintent 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 ofthe notice, or such longerperiod 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, thephysical andchemical properties ofemissions, and ambient monitoring data. (b) Lead Compounds Exemption. The requirements ofR307- 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 ofintent shall include: (A) the estimated maximum pounds per hour emission rate increase from each affected installation, (B) the type ofrelease, whether the release flow is vertically restricted orunrestricted, the maximumrelease duration in minutes perhour, the releaseheight measured from the ground, the height of

# (·' NOTICES OF CHANGES IN PROPOSED RULES

any adjacentbuildingorstructure, the shortestdistance 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 (TLV-C) multiplied by the appropriate emissionthreshold factor listed inTable2, except in the case ofarsenic, 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. Foracute hazardous airpollutantreleases having a duration period less than one hour, this maximum pounds perhour emissionrate shall be consistent with an identical operatingprocess having a continuous release for a one-hourperiod.

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 1ess 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 shallinclude documentation ofa comparison ofthe estimated ambient concentrationoftheproposedemissions with the applicable toxic screening level specified in (d) below. (iii) A source with an estimatedambient concentration equal to

or greater than the toxic screening level shall provide additional documentationregarding the impact ofthe proposed emissions. The DAR File No. 28323

executive secretary may require such documentation to include, but not be limited to: (A) a description ofsymptoms 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 ofthe human population or other biological species which could be exposed to the estimated concentration, (D) an evaluation ofland 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) onehourfor emissions releases having a duration periodof

one hour or greater, (B) one hour for emission releases having a duration period less than one hourifthe emissionrateused in the model is consistent with an identical operatingprocesshaving a continuousrelease for a one-hour period ormore, 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 ofthe 11.V- TWA, and the applicable averaging period shall be 24 hours. (iii) The toxic screening level for all carcinogenic hazardous airpollutants is 1190 the value ofthe 11.V-TW A, and the applicable averaging period shall be 24 hours, except in the case of formaldehyde which shall beevaluated consistentwith (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 ofEnactment or Last Substantive Amendment: 2006 Notice ofContinuation: August 11, 2003 Authorizing, and Implemented or Interpreted Law: 19-2-104 

# ·----------------·

End ofthe Notices of Changes in Proposed Rules Section

32 UTAHSTATEBULLETIN, April 1, 2006, Vol. 2006, No. 7

# :\.

Effective Rule

# (~**~,** 

# R307-101-2 DARNo. 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 AirQuality 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 ofthe 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, notto exceed 10years, may be required bythe executive secretary ifthe 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 ofGovernmental 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 steamand 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 oroperated (Section 19-2-102(2)). "Air Pollution" means the presence in the ambient air ofone or more aircontaminants 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 ofa

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 limitationestablished pursuantto 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, townorcounty. "Asphalt or Asphalt Cement" means the dark brown
to black cementitious material (solid, semisolid, or liquid in consistency) ofwhich the main constituents arebitumens which

occur naturally oras a residueofpetroleumrefining. "Atmosphere" means the air that envelops or surrounds the earth and includes all space outside ofbuildings, stacks orexterior 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 orregulations notinconflict therewith. "Board" means AirQuality 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 ofperformance ofthe control equipment or process equipment causing emissions in

excess ofthose allowed by approval order orTitle R307. "BTU" means British Thermal Unit, the quantity of heat necessary to raise the temperature of one pound of water

onedegree Fahrenheit. "Calibration Drift" means the change in the instrument 

### meter readout over a stated period oftime ofnormal continuous operation when the VOC concentration at the time ofmeasurement is the sameknown 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 orreuse ofall 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 ofGovernmental 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) ofthe

### Act, Prevention ofAccidental 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 ofGovernmental 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 ofEnergy-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 ofthe total cost oftbe demonstration project. "Clearing Index" means an indicator ofthe predicted
rate 

### of clearance of ground level pollutants from a given area This numberis 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 orindirectly into the outdoor atmosphere. "Department" means Utah State Department of Environmental Quality. See 

### Section 19-1-103(1). "Electric Utility Steam Generating Unit" means any steam electric generatingunitthatis constructed for the purpose ofsupplying more 

### than one-third ofits 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 ofproviding steam to

a steam-electric generator that would produce electrical energy for sale is also considered in determining the 

### electrical energy outputcapacity ofthe 

### 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; orthe 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 orlimitation, the source operation

was authorized to emit (including, to the extent necessary for such purposes, a description ofthe manner or rate 

### ofoperation ofthe source operation), or any combination ofthe 

### 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 ofthe 

### 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 ofEmissions from Stationary 

### Sources," and Alternate 

### 1, "Determination of the opacity of emissions from stationary sources remotely by 

### LIDAR." "Executive Director" means the Executive Director ofthe Utah Department ofEnvironmental Quality. See 

### Section 

### 19-1-103(2). "Executive Secretary" means the Executive Secretary ofthe 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 ofcontrolling ordisposing ofair pollution. It does not include an air conditioner, fan or other similar device for the comfort ofpersonnel. "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 orat 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 equivalentopening. "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 of4 pounds orgreater. "Hazardous Air Pollutant (HAP)" 

### means any pollutant listed 

### by the EPA as a hazardous air pollutant in confonnance with Section 

### 112(b) ofthe Clean Air Act. A list of

### these pollutants is available at 

### the Division ofAir Quality. "Heavy Fuel Oil" 

### means a petroleum product or similar material with a boiling range higher than that ofdiesel 

### fuel "Household Waste" means 

### any solid or liquid material normally generated by the family in a residence in the

course ofordinary 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 orbutane. "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 LakeCity, 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 ofTooele 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 PM10, a significant net emission increase for any PMlO precursor is also a significant net emission increase for PMIO. A physical change orchange in the method ofoperation 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 ofa natural 

### gas curtailment plan pursuant to the Federal PowerAct; (3) use ofan alternative fuel byreason ofan order or rule under section 125 ofthe federal Clean AirAct; (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 ofaccommodating before January 6, 1975, unless such change would be prohibited under anyenforceable 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 permitcondition; (7) any changeinownership 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 environmentallybeneficial, orexcept: (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 ofany 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 projectcomplies with: (a) the Utah StateImplementation Plan; and (b) other requirements necessary to attain and maintain the national ambient air quality standards during the project and afterit 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, orhas the potential to emit, onehundred tons 

### per year or

more ofany 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 ofthe federal Clean Air 

### Act with respect to the severity of the nonattainment area as outlined in Section 187 of the federal Clean AirAct; 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 ofthe 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 PM10 precursor in the amounts outlined in Section 189 ofthe 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, ifthe change would constitute a major sourceby 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 categoriesof stationary sources: (a) Coalcleaning plants (with thermal dryers); (b) Kraft pulp mills; (c) Portland cement plants; (d) 

### Primary zinc smelters; (e) Iron and steel mills; (0 

### Primary aluminum orreduction plants; (g) 

### Primary copper smelters; (h) Municipal incinerators capable ofcharging more than 250tons ofrefuse 

### per day; (i) Hydrofluoric, sulfuric, ornitric acid plants; (j) Petroleumrefineries; (k) Lime plants; (1) Phosphate rock processing plants; (m) Cokeoven 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 300,000barrels; (w) Taconiteore processing plants; (x) Glass fiber processing plants; (y) Charcoal production plants; (z) Fossil fuel-fired steam electric plants of more than 250 million BritishThermal Units 

### perhourheat input; (aa) Any other stationary source category which, as ofAugust 7, 1980, is being regulated under section 111 or 112 ofthe 

### federal Clean AirAct 

### "Modification" means any planned change in a

source which results in apotential increase ofemission. "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 ofFederal Regulations, Part 50). "Net Emissions Increase" means the amount by which the sum ofthe following exceeds zero: (I) 

### any increase in actual emissions from a particular physical change or change in method ofoperation 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 ifit occurs between the date 

### five years before construction

on the particular change commences; and the date 

### that the increase from the particularchange 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 particularchange 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 ifit 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 ordecrease. (d) An increase in actual emissions is creditable only
to the extent that the new level ofactual emissions exceeds the old level. (e) A decrease in actual emissions is creditable only
to the 

### extent that: (i) 

### The old level ofactual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level ofactual emissions; (ii) It is enforceable at and after 

### the time that actual construction on the particularchange 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 orreasonable 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 ofemission 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 oflight, expressed as percent. "Open Burning" means any burning of combustible materials resulting in emission of products ofcombustion 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 requirementsofR307-415. "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 ofa state. (Subsection 19-2-l03(4)). "Pollution Control Project" means any activity or project at an existing electric utility steam generating unit for
purposes ofreducing emissions from such unit Such activities

orprojects 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 orproject 

### 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 ofnatural gas and otherfuels for the purpose ofcontrolling 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 ofthe United States Code), or subsequent appropriations, up 

### to a total amount of $2,500,000,000 for commercial demonstration ofclean 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 ofa

source 

### to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity ofthe source 

### to emit a pollutant including air pollution control equipment and restrictions onhours ofoperation or on the type

or amount ofmaterial 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 ofa 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 perunit oftime of
any raw material or process intermediate consumed, or product generated, through the use ofany 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 offuel burned perunit oftime. "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 excessiveVOCexposure. "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 ofcommercial operations by a coal-tired utility unit after a period ofdiscontinued 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 ofenactment; (2) Was equipped prior to shutdown with a continuous system ofemissions control that achieves a removal efficiency for sulfur dioxide of no less 

### than 85 percent and a removal efficiency for particulates ofno 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 ofthe 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 ofan airpollutant which are sufficient to provide for attainment ofthe NAAQS by the date identified in the State Implementation Plan. "Refuse" means solid wastes, such as garbage and trash. "Regulated airpollutant" means any ofthe 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) ofthe Act, including any ofthe 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) ofthe 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) ofthe 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 ofone or more ofthese 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 ofNovember 15, 1990. (I) Repowering shall also include anyoil and/orgas. fired unit which**h~** been awarded clean coal technology demonstration funding as of January I, 1991, by the Department ofEnergy. (2) The executive secretary shall give expedited consideration to permitapplications for any source that satisfies the requirements ofthis definition and is granted an extension under section 409 oftheClean AirAct "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 ofsource 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 orchange in the method ofoperation 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 ofless 

### than 6.10 cubic meters or 20 cubic feet, a minimum bum rate less than 

### 5 kilograms 

### per houror 11 pounds 

### per hour as determined bytest procedures prescribed in 40CFR 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 orprivate road. "Salvage Operation" means any business, trade or industry engaged in whole or in partin salvaging or reclaiming
any product or material, including but not limited to metals, chemicals, shipping containers ordrums. "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 majormodification 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 ofthe construction or operation ofthe 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 ofa motor vehicle, from a train, or from a vessel. Fugitive emissions and fugitive dust from the source

ormodification are not considered secondary emissions. "Significant" means: (1) In reference to a net emissions increase or the potential of a source to emit any ofthe 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: 40tpy; Sulfur dioxide: 40tpy; PM10: 15 tpy; Particulatematter: 25 tpy; Ozone: 40tpy ofvolatile organic compounds; Lead: 0.6 tpy. "Solid Fuel" means wood, coal, and other similar organic material orcombination ofthese 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 ormay emit any air pollutant subject to regulation under the Clean Air Act and which is located onone

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 orductbut
not includingflares. "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 ExposureIndices, pages 15 -72 {2000)." ''Total Suspended Particulate (TSP)" means minute separate particles of

### matter, collectedbyhigh 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 byreference. "Waste" means 

### all solid, liquid or gaseous material, including, but not limited 

### to, garbage. trash, household refuse, construction ordemolition debris, orotherrefuse including that resulting from the prosecution of any business, 

### trade or industry. ''Zero 

### Drift" means the change in the instrument
metecreadout over a stated 

### period oftime ofnormal continuous operation when the VOC concentration at the time of
measurementis zero.



### KEY: air

### pollution, deftnitions Date ofEnactment or Last Substantive Amendment: June 16,2006 Notice 

## orContinuation: 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,

### AirQuality. 

### 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 ofthe otherpermitting 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 ofmaterials 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 ofthe unit. (d) For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emitofthe 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 sourceormodification 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 ofmeasurement 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 ofsuch design, equipment. work practice or operation, and shall provide for compliance by

means which achieveequivalent results. "Building, structure, facility, or installation" means all ofthe 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 orchange in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) that would result in a changein 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 ofa pollutant for which there is

a national standard. "Potential 

### to emit" means the maximum capacity ofa stationary source to emit an air contaminant under its physical and operational design. Any physical or operational limitation

on the capacity ofthe 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 ofits design ifthe limitation or the effect it would have on emissions is enforceable. Secondaryemissions do not count in determining the potential to emit ofa stationary source. "Secondary emissions" means emissions which occur

as a result ofthe construction or operation ofa 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 ofthe 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 

### atrain, 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 ofair 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 ofair pollution,

or (c) install a control apparatus or other equipment intended to control emissions ofaircontaminants. (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 orderis required. (3) Low Oxides ofNitrogen BurnerTechnology. (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 priorto beginningconstruction. (b) 

### The provisions of(a) above do not apply to noncommercial, residentialbuildings.



### R307-401-5. Nodce

### ofIntent. (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 ofintent shall be in a format specified bythe 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 offuels employed; and the
nature and quantity offinished product. (b) Expected composition and physical characteristics ofeffluent stream bothbefore and aftertreatment 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 ofbest 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 ControlTechnique documents that are applicable to the source. Best available control technology shall be at least as stringent as any publishedCTGthat is applicable to the source. (e) Location and elevation ofthe 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 possibleeffects ofthe effluent (f) The location ofplanned sampling points and the
tests ofthe 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 AttainmentorUnclassified 

### 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 ormodification 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, orrelocation.

R307-401-6. Renew Period. (I) Completeness Determination. Within 30 days after receipt ofa notice ofintent, 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 ofR307-401-8, 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 ofR307. (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 orestablishment (2) Opportunityfor 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 30days for any source that is: (A) subject to the requirements of R307-405, Permits: Major Sources in Attainment orUnclassified 

### Areas, (B) subject to the requirements of R307-406, Visibility,(C) subject to the requirements of R307-415, Operating PennitRequirements; (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 or7412. (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 ofthe date the notice in (I) above ispublished 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 ofthe date the notice in (Iabove 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 timerequired 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 orderordisapproval order.

R307-401-8. Approval 

### Order. (1) The executive secretary will issue an approval orderifthe following conditions have been 

### met: (a) Thedegree ofpollution 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 Guidancedocument 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 Attainmentor 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 otherprovisions ofR307. (2) The 

### approval order will require that all pollution control equipment be adequately and properly maintained. (3) Receipt ofan approval order does not relieve any

owner or operator of the responsibility to comply with the provisions ofR307 orthe 

### State Implementation Plan. (4) To accommodate staged construction of a large
source, the executive secretary may issue an order authorizing construction ofan initial stage prior to receipt ofdetailed 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 ofeach independent phase ofthe proposed source

or modification. (5) If the executive secretary determines that a proposed stationary source, modification orrelocation does not meet the conditions established in (1) 

### above, the executive secretary 

### will not issuean 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 8ifthe 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: sulfurdioxide, carbon monoxide, nitrogen oxides, PMto. 

### ozone,

or volatile organic COflllOunds; (b) 

### its actual emissions are less than 500 pounds 

### per year ofany hazardous air pollutant and less than 2000 pounds 

### peryear ofany combination ofhazardous air pollutants; (c) its actual emissions are less than 500 pounds per year ofany 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 ifactual emissions in any subsequent 

### year exceed the 

### emission thresholds in (1) above. The 

### owner or operator shall submit a notice ofintent 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 minimuminformation: (a) identifying information, including company

name and 

### address, location of source, telephone number, and

name ofplant site manager orpoint ofcontact; (b) 

### a description of the nature of the processes involved, equipment, anticipated quantities of materials used, the 

### type and quantity offuel employed and nature and quantity ofthe finished product; (c) identification ofexpected 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 ofR307-401-17,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 otherthan combustion products. (2) Comfort heating equipment such as boilers,
water heaters, air heaters and steam generators with a rated 

### capacity ofless 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 ofthe process equipment is the

### same orlower, (b) 

### the number ofemission points or emitting units is the same or lower; (c) no additional types 

### of air contaminants are emitted as 

### aresult ofthe 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 ofthe 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 under42 U.S.C. 7411 or 7412; and (h) the 

### replacement of the control apparatus or process equipment does not violate any other provision ofTitle R307. (2) Replacement-in-Kind Procedures. (a) In lieu of filing a notice of intent under R307- 401-5, the owner or operatorofa 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 ofany 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 ofair 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 ofthe change and 

### the reduction of air contaminants is made 

### enforceable through an approval order in accordance with (2) below. (2) Notification. The 

### owner oroperator shall submit

a written description ofthe projectto the executive secretary 

### no later than 60 days 

### after the 

### changes are made. The 

### executive secretary 

### will update the 

### source's approval order orissue 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 ifthe following requirements are met (a) the heat input design is less than one million BTU/hr; (b) 

### contamination levels ofall used oil to be burned do notexceed any ofthe following values: (i) arsenic

- 

### 5 ppmby weight, (ii} 

### cadmium - 2 ppmby weight, (iii) 

### chromium- 10 ppmby weight, (iv) lead- 100 ppmby 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 100degrees 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 bekept for a three-year period.



### R307-401-15. AirStrippers 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 ofhazardous 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 beginningthe 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 ofvolatile organic compounds and hazardous airpollutants 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 ofemissions of volatile organic compounds and hazardous air pollutants shall be submitted to the executive secretary within one month of sampling. The test samples shall bedrawn on intervals ofno 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 orLPG, or (b) carbon adsorption unit

R307-401-16. De 

### mininU 

### Emissions From Soil 

### Aeration Projects. 

### An owner or operator ofa 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, ifthe owner

or operator submits the following information to the executive secretary priorto beginningthe 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 inR307-410-5(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 ofeach 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. EighteenMonth

### 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. Analysisor

### 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 ofintent 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 DARNo. 28323 AMD and CPR Effective June 16, 2006

CERTIFIED A TRUE COPY J

.

## ~enneth A. 

## Hansen. Olredor 

## '1{V[)lvlsiOn 

### of Administrative Rul88 

# cR307. 

### Environmental Quality,Air Quality. R307-410. Pennits: 

### Emissions ImpactAnalysis. R307-410.1. PurpcJse. 

### This rule establishes the procedures and requirements for evaluating the emissions impact ofnew or modified sources that require an approval order under R307-40I 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 ofhazardous air pollutants. The rule also establishes the procedures for establishing an emission rate 

### based on the good 

### engineering practice stackheight 

### 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 ofan 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 aheight 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 51.166 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 ofDispersionModels. 

### 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 airquality 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 AttainmentAreas. 

### Prior to receiving an approval order under R307-40I,



### 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 ofthe new or modified source on air quality unless 

### previously performed airquality 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 AirPollutants. 

### (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 ofR307-410-5 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 ofintent 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 ofan emission standard under R307-214-2, that incorporates 40 CFR Part 63, might reasonably be expected to pose an unacceptablerisk to public health, require, on a case-by-case basis, notice of intent documentation ofemissions consistent with (c) below. (A) The executive secretary will notify the source in writing ofthe preliminary decision to require some or all ofthe 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 ofemissions, 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 torequirements of R307-410-4. (c) Submittal Requirements. (i) Each applicant's noticeofintent 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 ofany 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-hourperiod.

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 ofa 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 canbecaused by the hazardous air pollutant, (B) the exposure conditions or dose that is sufficient
tocause the adverse health effects, (C) a description ofthe human population or other biological species which could be exposed to the estimated concentration. (D) an evaluation ofland 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 ofonehourorgreater, (B) one hour for emission releases having a duration period less than one hour ifthe emission rate used in the model is consistent with an identical operating process having a continuous release for a one-hourperiod or more, or (C) the dispersion model's shortest averaging period when using an applicable model capable ofestimating ambient concentrations for periods ofless 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 24hours. (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 beevaluated consistent with (d)(ii) above.



### R307-410.6. StackHeights and 

### DispersionTechniques.



# (- \'\(1) 

### The degree ofemission limitation required ofany

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, stackheight 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 

### ofa source or modification otherwise to 

### emit a 

### pollutant, such as a 

### restriction on the hours ofoperation, then 

### the preconstruction requirements shall apply to 

### the 

### source

as though construction had not yetcommencedon the 

### source or modification.

KEY: 

### air pollution,

## pennts, approval orden Date of

### Enactment or Last 

### Substandve Amendment: June 16,2006 Notice 

### ofCondnuatlon: 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 afterthe 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 STATEBUUETJN, 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 ofAuthority. 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: MajorSources 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

UTAHSTATEBULLETIN, 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