( " 

JUN-11-2008 WED 10:38 AM DIVISI ON OF AIR QUALI TY 

State of Utah 

JON M. HUNTSMAN. JR. 

Govunnr . 

GARY ~IERBERT 

Ucutr:nant Gnvenwr 

FAX NO. 8015360085 P. 02 

Department of 

Environmental Quality 

( 

'· .. 

Richard W. Sprott 

Executive Dlrtrmr· 

DfVISION OP AIR QUAlii'Y 

.cheryl Hcyi11g 

Director 

Aprill7, 2008 

Callie A. Videtich, Director 

Air and Radjation Program 

US EPA Region 8 

1595 Wynkoop Street 

Denver. CO· 80202-1'129 

Dear Ms. Videtich: 

DAQP-012-08 

Section 110 (a) ( 1) requires that within 3 years following the promulgation of a National Ambient Air 

Quality Standard (NAAQS), each state submits a plan providing for the implementation, maintenance, and 

enforcement of such standard. The NAAQS for PM ~ were ftrst promulgated on July 18, 1997; hence, the 

Section 110 submittals were due by July 2000: · 

Guidance provided at that time indicated that EPA believed many of the existing Section 110 SIPs (as 

pertaining to PM10) would be adequate to implement the PM2.5 NAAQS. In such cases, it was 

recommended that States should submit a letter certifying as much. Utah submitted a certification letter to 

your office dated March 27, 1998. 

Utah submitted a second letter frorn the Governor on December 3, 2007. Certifying that the existing 110 

. SIP elements were, in fact, adequate to implement both the 1997 PM2.s and 8-Hour ozone NAAQS. The 

letter noted that Utah would take appropriate action to amend its Emergency Episode Plan as part of the 

110 (a)(2)(G) requirement following EPA's revisions 'to 40 CFR 51.150. 

I wish to thank your staff for providing in an email of March 3, 2008 clarification as to exactly what 

i·nfonnation you may need to facilitate your review. The email references EPA's earlier guidance of 

August 15, 2006 .and October 2. 2007, and again indicates that a certification of SIP adequacy may be 

submitted whe.re appropriate. The email requests that such state certification include a completed PM2.s 

criteria table, a draft of which was included with the March 3, 2008 email. · Additionally, it reiterates the 

following with respect to certain of the Section 110 requirements: · 

ISO Nocth 1950 West• PO aox 144820 • Sail Lllke City, UT 84114-48:!0 ~ ph011e (801) 536-4000 • f~x (801) 536-4099 

'T.D.D. (SUI) 536-4414 • www.dtq.urahs()Y 
JUN-11-2008 WED 10:39 AM DIVISION OF AIR QUALITY FAX NO. 8015360085 P. 03 

DAQP-012-08 

Page 2 

• It notes that states are not required to submit PSD and Nonattainment NSR programs SIPs for 

PM2.s until EPA completes a revision of the federal regulations covering these programs, and 

• Until EPA revises the Emergency Episode Plan and significant harm levels for PM2.5• it 

recommen~s that states rely on interim guidance to satisfy the Section 110 (a)(2)(G) requirements. 

Please find attached to this letter a completed PM2.s criteria table. This information is provided to 

supplement.the certification letter of December 3, 2007, and we trust you will find it useful in your review 

of Utah's Section 110 SIP. 

Should you need any further information in this regard, please contact Bill Reiss of my staff at 801-536-

. 4077. 

Sincerely. . 

MCHJMC/cy 

~l~D~ Enclosures 

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SIP SUBMITIAL COMPLETENESS CRITERIA CHECKLIST 

SIP Submitted by: 

Date Submitted: 

Subject: Confirmation of 10{a)(2)(A)-~l) PM2.s NAAQS Requirements in the SIP 

11 O(a)(2)(AH M) Requirements Checklist 

Section llO(a) element Sn• of element How Addressed in State SIP Where codified/al!l!£OVed by EPA i 

§ 110(a)(2)(A) include enforceable emission SIP Section I (Legal Autlwrity).A.l.a., · Codified at R307-ll0-2/ EPA 

limitations and ot~r control measures, allows adoption of Standards ruid 1imits for approved thls SIP originally in the 

means, or techniques (including attainment and maintainence of national early 1980's and most recently on June 

economic incentives such as fees, Standards. (19-2-104 and 109, Utah Code 25,2003 at 68 FR 37744. 

marketable permits, and auctions of Annotated 1953 (UCA)) 

emissions rights), as well as schedules 

and timetables for compliance as may 

be necessary or appropriate to meer 

the applicable requirements of this Act. 

§110(a)(2)(B) provide for establishment and SIP Section IV (Ambient Air Monitoring Codified at R307 -110-51 EPA 

operation of appropriate devices, Program} provides a brief description of the approved this Slll originally in the 

met1wds, systems, l1Til1 procedures purposes of the air monitoring program. early 1980's and most recently on· June 

necessary to monitor, compile, and 25.2003 at 68 FR 37744. 

analyze data on ambient air quality, 

and llpon request, make such data 

available to the Administrator; 

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§110(a)(2)(C) .include a program to provide for the -SIP Section I (Legal Authority).A.l.b, 

enforcement of the measures described allows for enforcement of applicable laws, 

in subparagraph (A) and regulation of regulations and standards and seek 

the modification and constroction of . injunctive relief. (Sections 19-2-104 and 

any stationary source within the areas 19-2-115, UCA) 

covered lJy the plan as necessary to 

assure that national ambient air - SIP Section I (Legal Authority).A.l.d. 

qu.ality standards are achieved, · provides authority to prevent construction, 

including a penn it program as modification or operation of any stationary 

required in parts C and D; source at any location wbe~ emissions 

from such source will prevent the 

attainment or maintenance of a national 

standard or interfere with prevention of 

significant deterioration requirements. 

(Authority Utah Code Section 19-2-108) 

§110(a)(2)(D) contain adequate provisions-· SIP Section XXIli (Interstate Transport} 

(i) prohibiting, consistent with the This SIP was written to satisfy the 

provisions of this title, any source or requirements of section 110(a)(2)(D)(i) of 

other type of emissions activity within the clean air act for the new NAAQS for 

the state from emitting any air PM2.5 and 8-hour ozone were promulgated 

pollutant in amounts which will--·· in 1997. 

(I) contribme significantly to 

nonattainment in, or interfere with 

maintenance by, any other state with 

respect to any such.national primary 

or secondary ambient air quality 

standard, or 

(11) interfere with measures 

required to be irzclu.ded in the 

applicable implementation plan for 

any other State under part C to prevent 

significant deterioration of air quality 

or to protect visibility, 

Page 2 ~.9- N:\Mcarlile\Ll0\R8 110 Criteria Table forPM25.doc ,--.,. 

I ' I . 

Codified at R307-110-2/ EPA 

approved this SIP originally in the 

early 1980's and most recently on June 

25, 2003 at 68 FR 37744 . 

Codified at R307-110-36/ This SIP 

was submitted to EPA on March 28, 

2007, and EPA proposed the approve 

of this submittal on March 28, 2008 at 1 

73 FR I6543, which will go into 1 

effect on May 27, 2008. 

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§110(a)(2)(E)(i) 

. 

§110(a)(2)(E)(ii) 

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(ii) insuring complim1ce with the 

applicable requirements of sections 

126 and 115 (relating to interstate and 

international pollution abatement); 

provide SIP Section V (Resources) provides the 

(i) necessary assurances that the Division of Air Quality commits to program 

state (or, except where the activities in relation to resources provided 

Administrator deems inappropriate. by the annual State!EP A Agreement and 

the general purpo~e local govemment lOS grant applications. The State/EPA 

or governments, or a regional agency Agreement and 105 grant applications. 

designated by the state or general 

purpose local govemmems far such 

purpose) will have adequate persormel, 

funding, and authority under state 

(and, as appropriate, local) law to 

carry out such implementation plan 

(and is not prohibited by atry provision 

of federal or state law from carrying 

out such impleme11tation plan or 

portion thereof); 

(ii) requirements that the state comply S1P Section I (Legal Authority).A.l.g., 

with lhe requirements respecting state recognizes the requirement that the State 

boards under section 128. and comply with provisions of the Clean Air 

Act (Section-128) respecting State Boards. 

(Sections 19-2-104 UCA ) 

:=; Page 3 of9, N:\Mcarlile\110\R8 110 Criteria Table for PM25.doc 

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Codified at R307 -ll 0-6/ EPA I 

approved this SIP originally in the 

ear1y 1980's and most recently on June 

25, 2003 at 68 FR 37744. 

Codified at R307-ll0-2/ EPA 

approved this SIP originally in the 

early 1980's and most recently on June 

25, 200~ at 68 FR 37744. 
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§110(a}(2)(E)(iii} (iii) necessary assurances that, where Section 4L-6a-1642 provides the counties 

the state has relied on a local or the authority to run their own emissions 

regional government, agency, or inspection and maintenance program, and 

instrumentality for the implementation Subsection 41-6a-1642 (2) (b)(i) requires 

of any plan provision. the state has the counties emissions inspection and 

responsibility for ensuring adequate maintenance program to. be made to attain 

implementation of such plan provision; or maintain ambient air quaJity standards in 

the county, consistent with the state 

implementation plan and federal . 

requirements. Section X of the SIP outlines 

the specific requirements of the automotive 

inspection and maintenance program. 

§110(a)(2)(F) require. as may be prescribed by the -SIP Section I (Legal Authority).A.J.f.. 

-Administrator-- requires owners or openitors of stationary 

(i) the inst~llation, maintenance, mzd sources to install, maintain and use 

replacement of equipment, and the emission monitoring devices; and to make 

implementation of other necessary periodic reports to the State Department of 

steps by owners or operators of EnvironmentaJ Quality on the nature and 

stationary sources to monitor amounts of eniissions from such sources. 

emissions from such sources, The State Department of EnvironmentaJ 

(ii) periodic reports on the nature Quality will make such data available to the 

and amounts of emissions and · public as reported and as correlated with 

emissions-related data from such any applicable emission standards or 

sources, and limitations. (Sections 19-2-104. UCA} 

(iii} correlation of such reports by 

the state agency with any emission -SIP Section III (Source Surveillance) 

limitations or standards established includes inventory requirements. stack 

pursuant to this Act, which reports testing, and plant inspections (Sections 19-

shall be available at reasonable times 2-107 and 19-2-108, UCA, allow inspection - --- -

Page 4 o~ . .P--.N:\Mcarlile\110\RS 110 Criteria Table for PM25.doc ---

Codified at R307-ll0~3JIEPA 

approved this SIP section on 

November 2, 2005 at 70 FR 66264. 

Codified at R307-32/ EPA approved 

this SIP section on July 17, "!997 at 62 

FR38213. 

Codified at R307-33/ EPA approved 

this SIP section on Augtist 1. 2005 at 

70 FR44055. 

Codified at R307-34/ EPA approved 

this SIP section on November 2. 2005 

at 70 FR 66264. 

Codified at R307-:35/ EPA approved 

this SIP section on September 14. 

2005 at 70 FR 54267. 

- Codified at R307 -110-21 EPA 

approved this SIP originally in the 

early 1980's and most recently on June 

25, 2003 at 68 FR 37744. 

-Codified at R307-110-4/ EPA 

approved this SIP originally in the 

early 1980's and most recently ori June 

25, 2003 at 68 FR 37744. 

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for public inspection; of air pollution sources) 

I §110(a)(2)(G) provide for authority comparable to SJP Section I (Legal Authority).A.l.c, -Codified at R307-l10-2/EPA 

that in section 303 and adequate · provides authority to ·abate pollutant approved this SIP originally in the 

contingency plans to implement such emissions on an emergency basis to early L980's and most recently on June 

authority; prevent substantial endangerment to the 25, 2003 at 68 FR 37744. 

health of persons. (Section 19-2-112, UCA) 

- More details at can be found in SIP -Codified at R307-110-8/ EPA 

Section VII (Prevention of Air Pollution approved this SJP origina1ly in the 

Emergency Episodes) (Section 19-2-112, early 1980's and most recently on June 

UCA). A February 12, 2007 OAQPS Issue 25, 2003 at 68 FR 37744. 

Paper in die a ted. that EPA will be issuing a 

significant hann level rule for PM2.5. 

Utah will address the requirements of 110 

(a)(2)(G) after EPA promulgates this rule. 

§110(a)(2)(H) provide for revision of such plan- SIP Section I (LegalAuthority).A.l.a., Codified at R307 -110-21 EPA 

(i)from time to time as may be provides the ability for UDAQ to revises its approved this SIP originally in the 

I 

necessary to take accolJllt of plans to take account of revision:; of early 1980's and most recently on June ·, revisions of such national prinUlry or national ambient air quality standard and to 25, 2003 at 68 FR 37744. 

secondary ambient air quality adopt expeditious methods .of attaining and 

standard or the availability of maintaining such standard. 

improved or more expeditious 

methods of attaining such standard, 

and 

(ii) except as provided in 

paragraph (3)(C), whenever the 

Administrator finds on the.basis of 

infonnatimz available to the 

Administrator that the plan is 

substantially inadequate to attain the 

national ambient air quality 

standard which it implements, or to 

othenvise comply with any 

__!j_ddilional re!J.Eirl!!flents established -

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under this Act; 

§ 110(a)(2)(I) in the case of a plan or plan revision SIP Section I (Legal Autlwrity).A.l.a, 

for an area designated as a adopts measures to attainment and 

nonanainment area, meet the maintenance of national standards. 

applicable requirements of part D SIP Section I (Legal Allthority).A. Lb: 

(relatitl~ to nonattainment areas); Construction permits of Part D 

§110{a)(2)(J) meet the applicable requirements of -SIP Section I (Legal Authority).A.2: 

(§Ul section 121 (relating to consultation). adopts requirements for transportation 

consultation) ... consultation(Section 174, Clean Air Act) 

-SIP Section VI (Intergovernmental 

Cooperation), provides a brief listing of 

federal, state, and local agencies involved in 

. protecting air quality in Utah. · 

-SIP Section XII (Transportation 

Conformity Consultation), establishes the · 

consultation proc~ures on transportat;ion 

conformity issues when preparing state 

plans. 

§110(a)(2)(J) meet the applicable requirements of Sn> Section XVI (Public Notification) 

(Section 127 public section 127 of this title (relating to adopts the requinnents to notify the public 

notification) public notification) when NAAQS have been exceeded as per 

section 127. 

L...--. 

Page 6 of,9-N:\Mcarlile\ll0\R8 110 Criteria Table for PM25.dac ,.---_ 

Codified at R307-110-21 EPA 

approved this SIP originally in the 

early 1980's and most recently on June 

25, 2003 at 68 FR 37744. 

Codified at R307-l L0-2/ EPA 

approved this SIP 9riginaUy in the 

early 1980's and most recently on June 

25, 2003 at 68 FR 37744. 

Codified at R307-H0-7/ EPA 

approved this SIP originally in the 

early L980's and most recently on June 

25, 2003 at 68 FR 37744. 

Codified at R307-110-20/ EPA 

approved SIP Section XII 

Involvement, but it has been 

superseded by SIP Section XII 

Transportation Conformity 

Consultation, which was submitted to 

EPA on June 26~ 2007; but EPA has 

not approved this SIP. 

Codified at R307-110-24/ EPA 

approved this sn> originally in the 

early 1980's and most recently on June 

25, 2003 at 68 FR 37744. 

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§UO(a)(2)(J) . meet tlze applicable requirements of ... -SIP Section VIII (PSD) describes the 

(PSD) part C (relating to prevention of program to prevent significant deterioration 

significant deterioration of air quality of areas of the state wbere the air is clean. 

and visibility protection); 

-

-SIP Section XVll (Visibilit-y Protection) 

describes the progtam to protect visibility, 

especially within the boundaries of the five 

national par~ located in Utah. (Sections 

19-2-lOl and W4, UCA) · 

§110(a)(2)(K) provide for: SIP Section 1I (Review of New and Modified 

(i) the performance of such air Air Pollution Sources), provides for new or 

q1uzlity modeling as the Administrator modified sources of air pollution must 

may prescribe for the purpose of submit plans to th~ Division of Air Quality 

predicting the effect on ambient air and receive an Approval Order before 

quality of any emissions of arry air operating. (Section 19-2-104, UCA) 

pollutant for which the Administrator 

has established a rzational ambient air 

quality standard, and 

(ii) the submission, upon request, of 

data related to such air quality 

modeling to the Administrator; -- -

Page 7 of 9, N:Wcarlile\110\R8 110 Criteria Table for PM25.doc. 

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- Codified at R3 07-L 10-9/ EPA 

approved SIP Section VIII PSD, but it 

has been updated and superseded by a 

new SIP Section VIII PSD, which was 

submitted to EPA on September 15. 

2006. 

- Codified at R307-ll0-25/ EPA 

approved this SIP in April 1997 and 

most recently on June 25, 2003 at 68 

FR 37744. 

Codified at R307-ll0-3/ EPA 

approved this SIP originally in the 

early 1980's· and most recently on June 

25, 2003 at 68 FR 37744. 

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§110(a)(2)(L) require the owner or opera.tor of each SIP Section I (Legal Autlzority).A.l.h: 

major stationary source to pay to the authorizes a fee to major sourees to cover 

pennitting authority. as a condition of permit and enforcement expenses. 

any pennit required under this Act, a ( ' 

fee sufficient to cover-

(i) the reasonable costs of reviewing 

and acting upon any application for 

such a pemzit, and 

(ii) if the owner or operator receives 

a permit for such source, the 

reasonable costs of implementing and 

enforcing the terms and conditions of 

any such permit (not including any 

court costs or other costs associated 

with any enforcement action), until 

such fee requirement is superseded 

with respect to such sources lJy the 

Administrator's approval of a fee 

program under title V; 

§110(a)(2)(M) provide for consultation a11d SIP Section VI (Intergovernmental 

participation lJy local political Cooperation) lists fedenil, state, and local 

subdiyisions affected by the plan. agencies involved in protecting air quality 

in Utah. 

SIP Section XII (Transportation 

Conformity Consultation) establishes the 

consultation procedw:es on transportation 

conformity issues when preparing state . 

plans. 

Page 8 of,P-·-N:\Mcarlile\110\R8 110 Criteria Table for PM25:doc r -~ . 

Codified at R307~110-2/ EPA 

approved this SIP originally in the 

early 1980's and most recently on June 

25, 2003 at 68 FR 37744. 

Codified at R307-110-7/ EPA 

approved this SIP originally in the 

early 1980's and most recently on June 

25, 2003 at 68 FR 37744. 

I 

Codified atR307-110-20/ EPA 

approved SIP Section XII 

Involvement, but it has been 

superseded by SIP Section XII ., Transportation Conjomzity 

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§§110(a}(2)(C) & Part C Permit program: 

10(a)(2)(J) §1JO(a)(2)(1) meet the applicable - SIP Section I (Legal Authority).A.l.d.: 

requirements of ... part C (relating to provides authority to prevent construction, 

prevention of significant deterioration modification or operation of any stationary 

of air quality and visibility protection); source at any location where emissions 

from such source will prevent the 

§110(a)(2)(C) ... regulation of the attainment or maintenance of a national 

modification and construction of any standard or interfere with prevention of 

stationary source within the areas significant deterioration requirements. 

cov~red by the plml as necessary to (Authority Utah <:;ode Section 19-2-108) 

assure that national ambient air 

quality standards are achieved, 

including a permit program as 

required in parts C and D; 

40 CFR 51.166: AmendPSD -SIP Section VIII (PSD), describes the 

regulmions as required by the program to _prevent significant deterioration 

November 29, 2005 final rule (70 FR. of areas of the state where the air is clean. 

71612 at 71699-71700). See also 70 

FR 71671-71684. 

-SIP Section XVTI (Visibility Prolection) 

describes the program to protect visibility: 

especially within the boundaries of the five 

national parks located in Utah. (S~tions 

19-2-101 and 104. UCA) 

Page 9 of 9, N:\McarWe\110\RS 110 Criteria Table for PM25.doc 

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Consultation, which was submitted to 

EPA on June 26,2007, but EPA has 

not approved this SIP. 

-Codified at R307-110-2/ EPA 

approved this SIP originally in the i 

early 1980's and most recently on June 

25, 2003 at 68 FR 37744. ' 

- Codified at R307 -ll 0-9/ EPA 

approved SIP Section VIII PSD, but it 

has been updated and superseded by a 

new SIP Section Vlli PSD, which- was 

submitted to EPA on September 15, 

2006. 

-Codified at R307-ll0-25/ EPA 

approved this SIP in April1997 and 

most recently on June 25, 2003 at 68 . 

FR37744.