R307. Environmental Quality, Air Quality.

R307-403. Permits: New and Modified Sources in Nonattainment Areas 

and Maintenance Areas.

R307-403-1. Definitions.

 The following additional definition applies to R307-403: 

 "Lowest Achievable Emission Rate (LAER)" means for any source, 

that rate of emissions which reflects: 

 (a) The most stringent emission limitation which is contained 

in the implementation plan of any state for such class or category 

of source, unless the owner or operator of the proposed source 

demonstrates that such limitations are not achievable, or 

 (b) The most stringent emission limitation which is achieved 

in practice by such class or category of source, whichever is more 

stringent. 

 In no event shall the application of this term permit a proposed 

new source to emit any pollutant in excess of the amount allowable 

under applicable new source standards of performance. 

R307-403-2. Emission Limitations.

 Any source constructed in an actual area of nonattainment, or 

in the Salt Lake City and Ogden maintenance areas for carbon monoxide, 

or in an area which will impact on an actual area of nonattainment 

or on the Salt Lake City and Ogden maintenance areas for carbon monoxide 

must meet all applicable emission requirements of R307 and the State 

Implementation Plan incorporated by reference under R307-110. A 

proposed source which is not a major source may be approved without 

further analysis provided such source meets all such applicable 

emission limitations and offset requirements in R307-403-4, 5, and 

6. The emission limitations shall be stated as a condition of the 

approval order. 

R307-403-3. Review of Major Sources of Air Quality Impact.

 Every major new source or major modification must be reviewed 

by the Executive Secretary to determine if a source will cause or 

contribute to a violation of the NAAQS. The determination of whether 

a source will cause or contribute to a violation of the NAAQS will 

be made by the Executive Secretary as of the new source's projected 

start-up date. He will make an analysis of the proposed new source's 

operation data using the best information and analytical techniques 

available. 

 (1) If the owner or operator of a source proposes to locate 

the source outside an area of nonattainment where the source will 

not cause an increase greater than the following increments in actual 

areas of nonattainment or in the Salt Lake City and Ogden maintenance 

areas for carbon monoxide and the source otherwise meets the 

requirements of these regulations, such source shall be approved. 

TABLE 

 MAXIMUM ALLOWABLE MICROGRAM/CUBIC METER IMPACT 

 BY AVERAGING TIME 

Pollutant Annual 24-Hr 8-Hr 3-Hr 1-Hr 
SULFUR DIOXIDE 1.0 5 25

PM10 1.0 3 

CO 500 2000 

 (2) If the Executive Secretary finds that the emissions from 

a proposed source would cause a new violation of the NAAQS but would 

not contribute to an existing violation, the Executive Secretary shall 

approve the proposed source if and only if: 

 (a) the new source is required to meet a more stringent emission 

limitation, sufficient to avoid a new violation of the NAAQS and 

 (b) the new source has acquired sufficient offset to avoid a 

new violation of the NAAQS and 

 (c) the new emission limitations for the proposed source and 

for any affected existing sources are enforceable. 

 (3) If the Executive Secretary finds that the emissions from 

a proposed source in a nonattainment area would contribute to an 

existing violation of a national ambient air quality standard at the 

time of the source's proposed start-up date, approval shall be granted 

if and only if: 

 (a) the new source meets an emission limitation which is the 

Lowest Achievable Emission Rate (LAER) for such source and 

 (b) the applicant has certified that all existing major sources 

in the State, owned or controlled by the owner or operator (or by 

any entity controlling, controlled by or under common control with 

such owner or operator) of the proposed source, are in compliance 

with all applicable rules in R307, including the Utah Implementation 

Plan requirements or are in compliance with an approved schedule and 

timetable for compliance under the Utah Implementation Plan, R307, 

or an enforcement order, and that the source is complying with all 

requirements and limitations as expeditiously as practicable. 

 (c) emission offsets to the extent provided in R307-403-4, 5 

and 6 are sufficient such that there will be reasonable further 

progress toward attainment of the applicable NAAQS.

 (d) the emission offsets provide a positive net air quality 

benefit in the affected area of nonattainment. 

 (e) there is an approved implementation plan in effect for the 

pollutant to be emitted by the proposed source. 

 (4) A source which is locating outside a nonattainment area 

or the Salt Lake City and Ogden maintenance areas for carbon monoxide 

and which causes the significant increments in (1) above to be exceeded 

in the nonattainment or maintenance area is subject to the requirements 

of (3) above. 

R307-403-4. Offsets: General Requirements.

 (1) Emission offsets must be obtained from the same source or 

other sources in the same nonattainment area except that the owner 

or operator of a source may obtain emission offsets in another 

nonattainment area if: 

 (a) the other area has an equal or higher nonattainment 

classification than the area in which the source is located; and 

 (b) emissions from such other area contribute to a violation 

of the national ambient air quality standard in the nonattainment 

area in which the source is located or which is impacted by the source. 
 (2) Any emission offsets shall be enforceable by the time a 

new or modified source commences construction, and, by the time a 

new or modified source commences operation, any emission offsets shall 

be in effect and enforceable and shall assure that the total tonnage 

of increased emissions of the air pollutant from the new or modified 

source shall be offset by an equal or greater reduction, as applicable, 

in the actual emissions of such air pollutant from the same or other 

sources in the area. 

 (3) Emission reductions otherwise required by the federal Clean 

Air Act or R307, including the State Implementation Plan shall not 

be creditable as emission reductions for purposes of any offset 

requirement. Incidental emission reductions which are not otherwise 

required by federal or state law shall be creditable as emission 

reductions if such emission reductions meet the requirements of (1) 

and (2) above. 

 (4) Sources shall be allowed to offset, by alternative or 

innovative means, emission increases from rocket engine and motor 

firing, and cleaning related to such firing, at an existing or modified 

major source that tests rocket engines or motors under the conditions 

outlined in 42 U.S.C. 7503(e) (Section 173(e)(1) through Section 

173(e)(4) of the federal Clean Air Act as amended in 1990). 

R307-403-5. Offsets: PM10 Nonattainment Areas.

 (1) New sources which have a potential to emit, or modified 

sources which would produce an emission increase equal to or exceeding 

the tonnage total of combined PM10, sulfur dioxide, and oxides of 

nitrogen listed below which are located in or impact a PM10 

Nonattainment Area as defined in (a) below, shall obtain an enforceable 

offset as defined in (b) and (c) below. 

 (a) For the purpose of determining whether the owner or operator 

which proposes to locate a source outside a nonattainment area is 

required to obtain offsets, the maximum allowable impact on any 

nonattainment area is 1.0 microgram/cubic meter for a one-year 

averaging period and 3.0 micrograms/cubic meter for a 24-hour 

averaging period for any combination of PM10, sulfur dioxide and 

nitrogen dioxide. 

 (b) For a total of 50 tons/year or greater, an offset of 1.2:1 

of the emission increase is required. 

 (c) For a total of 25 tons/year but less than 50 tons/year, 

an offset of 1:1 of the emission increase is required. 

 (2) For the offset determinations, PM10, sulfur dioxide, and 

oxides of nitrogen shall be considered on an equal basis. In areas 

where offsets are required for both PM10 and ozone, the most stringent 

emission offset ratio for oxides of nitrogen required by R307-403 

or R307-420 shall apply. 

R307-403-6. Offsets: Ozone Nonattainment Areas.

 In any ozone nonattainment area, new sources and modifications 

to existing sources as defined and outlined in 42 U.S.C. 7511a (Section 

182 of the Clean Air Act) shall meet the offset requirements and 

conditions listed in that section for the applicable classified area 

and for the identified pollutants. 
R307-403-7. Offsets: Baseline.

 The baseline to be used for determination of credit for emission 

and air quality offsets will be the emission limitations and/or other 

requirements in the State Implementation Plan (SIP), revised in 

accordance with the Clean Air Act or subsequent revisions thereto 

in effect at the time the application to construct or modify a source 

is filed. 

R307-403-8. Offsets: Banking of Emission Offset Credit.

 Banking of emission offset credit will be permitted to the fullest 

extent allowed by applicable Federal Law as identified in EPA's 

document "Emissions Trading Policy Statement" published in the Federal 

Register on December 4, 1986, and 40 CFR 51.165(a)(3)(ii)(c) as amended 

on June 28, 1989, and 40 CFR 51, Appendix S. To preserve banked emission 

reductions, the Executive Secretary must identify them in either the 

Utah SIP or an order issued pursuant to R307-401 and shall provide 

a registry to identify the person, private entity or governmental 

authority that has the right to use or allocate the banked emission 

reductions, and to record any transfers of, or liens on these rights. 

R307-403-9. Construction in Stages.

 When a source is constructed or modified in stages which 

individually do not have the potential to emit more than 100 tons 

per year, the allowable emission from all such stages shall be added 

together in determining the applicability of R307-403. 

KEY: air quality, nonattainment*, offset*

Date of Enactment or Last Substantive Amendment: May 6, 1999

Notice of Continuation: July 13, 2007

Authorizing, and Implemented or Interpreted Law: 19-2-104; 19-2-108