R307. Environmental Quality, Air Quality.

R307-403. Permits: New and Modified Sources in No nattainment Areas

and Maintenance Areas.

R307-403-1. Definitions. The following additional definition applies to R30 7-403: "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 cl ass or category of source, unless the owner or operator of the prop osed source

demonstrates that such limitations are not achievab le, or (b) The most stringent emission limitation which is achieved in practice by such class or category of source, wh ichever is more stringent. In no event shall the application of this term per mit a proposed new source to emit any pollutant in excess of the a mount allowable under applicable new source standards of performanc e.

R307-403-2. Emission Limitations. Any source constructed in an actual area of nonatt ainment, or in the Salt Lake City and Ogden maintenance areas f or carbon monoxide, or in an area which will impact on an actual area o f nonattainment or on the Salt Lake City and Ogden maintenance area s for carbon monoxide must meet all applicable emission requirements of R 307 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 suc h applicable emission limitations and offset requirements in R30 7-403-4, 5, and

6. The emission limitations shall be stated as a c ondition 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 determ ination 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 so urce's projected start-up date. He will make an analysis of the pro posed new source's operation data using the best information and analy tical techniques

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

the source outside an area of nonattainment where t he source will not cause an increase greater than the following in crements 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 shal l be approved.

TABLE

MAXIMUM ALLOWABLE MICROGRAM/CUBIC METER IMPACT

BY AVERAGING TIME

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

PM10 1.0 3

CO 500 2000

(2) If the Executive Secretary finds that the emi ssions from a proposed source would cause a new violation of th e NAAQS but would not contribute to an existing violation, the Execut ive Secretary shall approve the proposed source if and only if: (a) the new source is required to meet a more str ingent 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 emi ssions from a proposed source in a nonattainment area would con tribute to an existing violation of a national ambient air qualit y standard at the time of the source's proposed start-up date, approv al shall be granted if and only if: (a) the new source meets an emission limitation w hich is the Lowest Achievable Emission Rate (LAER) for such sou rce and (b) the applicant has certified that all existing major sources in the State, owned or controlled by the owner or o perator (or by any entity controlling, controlled by or under comm on control with such owner or operator) of the proposed source, are in compliance with all applicable rules in R307, including the Ut ah Implementation Plan requirements or are in compliance with an appr oved schedule and timetable for compliance under the Utah Implementat ion Plan, R307, or an enforcement order, and that the source is com plying with all requirements and limitations as expeditiously as pr acticable. (c) emission offsets to the extent provided in R3 07-403-4, 5

and 6 are sufficient such that there will be reason able further progress toward attainment of the applicable NAAQS. (d) the emission offsets provide a positive net a ir quality

benefit in the affected area of nonattainment. (e) there is an approved implementation plan in e ffect for the pollutant to be emitted by the proposed source. (4) A source which is locating outside a nonattai nment area or the Salt Lake City and Ogden maintenance areas f or 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 sa me 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 nonatta inment

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 imp acted 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 emi ssion offsets shall

be in effect and enforceable and shall assure that the total tonnage of increased emissions of the air pollutant from th e new or modified source shall be offset by an equal or greater reduc tion, 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 o f any offset requirement. Incidental emission reductions which are not otherwise required by federal or state law shall be creditabl e as emission reductions if such emission reductions meet the req uirements of (1)
and (2) above. (4) Sources shall be allowed to offset, by altern ative or innovative means, emission increases from rocket en gine and motor firing, and cleaning related to such firing, at an existing or modified major source that tests rocket engines or motors un der the conditions outlined in 42 U.S.C. 7503(e) (Section 173(e)(1) th rough Section 173(e)(4) of the federal Clean Air Act as amended i n 1990).

R307-403-5. Offsets: PM10 Nonattainment Areas. (1) New sources which have a potential to emit, o r modified sources which would produce an emission increase eq ual to or exceeding the tonnage total of combined PM10, sulfur dioxide, and oxides of nitrogen listed below which are located in or impac t a PM10 Nonattainment Area as defined in (a) below, shall o btain an enforceable offset as defined in (b) and (c) below. (a) For the purpose of determining whether the ow ner or operator which proposes to locate a source outside a nonatta inment area is required to obtain offsets, the maximum allowable i mpact 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, sulfu r dioxide and nitrogen dioxide. (b) For a total of 50 tons/year or greater, an of fset 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 requir ed. (2) For the offset determinations, PM10, sulfur d ioxide, 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 requir ed by R307-403 or R307-420 shall apply.

R307-403-6. Offsets: Ozone Nonattainment Areas. In any ozone nonattainment area, new sources and m odifications to existing sources as defined and outlined in 42 U .S.C. 7511a (Section 182 of the Clean Air Act) shall meet the offset req uirements and conditions listed in that section for the applicabl e classified area and for the identified pollutants.R307-403-7. Offsets: Baseline.

The baseline to be used for determination of credi t for emission and air quality offsets will be the emission limita tions and/or other requirements in the State Implementation Plan (SIP) , revised in accordance with the Clean Air Act or subsequent rev isions thereto in effect at the time the application to construct or modify a source

is filed.

R307-403-8. Offsets: Banking of Emission Offset C redit. Banking of emission offset credit will be permitte d to the fullest extent allowed by applicable Federal Law as identif ied in EPA's document "Emissions Trading Policy Statement" publi shed 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 pr eserve banked emission reductions, the Executive Secretary must identify t hem in either the Utah SIP or an order issued pursuant to R307-401 an d shall provide a registry to identify the person, private entity o r governmental authority that has the right to use or allocate the banked emission reductions, and to record any transfers of, or lien s 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 stag es shall be added together in determining the applicability of R307-4 03.

KEY: air quality, nonattainment*, offset*

Date of Enactment or Last Substantive Amendment: M ay 6, 1999 Notice of Continuation: July 13, 2007 Authorizing, and Implemented or Interpreted Law: 1 9-2-104; 19-2-108