GARY R. HERBERT GOVERNOR 

## STATE 

## OF UTAH OFFICE OF THE GOVERNOR SALT LAKE CITY, UTAH 841 14-2220 

### January 31,2013

James B. Martin, Regional Administrator US EPA Region 8 1595 Wynkoop Street Denver, Colorado 80202-1129 Dear Mr. Martin: GREG BELL LIEUTENANT GOVERNOR



### Enclosed for your approval are demonstrations that Utah's State Implementation Plan (SIP) contains the necessary infrastructure elements to implement the 2008 ozone national ambient air quality standard (NAAQS) and the 2010 nitrogen dioxide NAAQS. These demonstrations were initially submitted to the Environmental Protection Agency (EPA) on December 12, 2012, by Bryce C. Bird, Director, Utah Division ofAir Quality, but EPA determined that the submission was not complete because the demonstrations had not been made available for public review and comment as required by EPA guidance. On January 4, 2013, EPA issued a finding that Utah had failed to submit the ozone infrastructure SIP as required by the Clean Air Act. The infrastructure SIP demonstrations for the 2008 ozone NAAQS and the 2010 nitrogen dioxide NAAQS were made available for public review and comment from December 18,2012, to January 18,2013, and no comments were received. Ifyou have questions about these demonstrations, please contact Bryce C. Bird, Director ofthe Utah Division ofAir Quality, at (801) 536-4064.

Enc: (2) RECEIVED U.S. EPA Region 8 RA'sOffice 

### FEB 0 1 2013

# ~~~(~~+- Gary R. Herbert GovernorI ofl http://erules.rules.utah.gov/erules/ruleFilingEdit.action?ruleld=151806

AGENCY PUBLIC NOTICE Agency Information--------------------------------------; l. Agency: Room no.: Building: Street address 1 : Street address 2: City, state, zip: Mailing address 1: Mailing address 2: City, state, zip: Contact person(s): Name: !Mark Berger Environmental Quality

- Air Quality Fourth Floor 195 N 1950 W SALT LAKE CITY UT 84116-3085 PO BOX 144820 SALT LAKE CITY UT 84114-4820

Phone: Fax: !so 1-536-4ooo lso 1-536-4099 E-mail:**~berger@utah.gov** (Interested persons may inspect this filing at the above address or at DAR during business hours)**Title----------------------------------------~** 2. Title: State ofUtah 110(a)(2) SIP Infrastructure Elements for Lead 

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.. .. ....... j Rule Summary 3. Summary: The Clean Air Act (CAA) directs states to address basic air quality management infrastructure requirements to ensure attainment and maintenance ofthe National Ambient Air Quality Standards (NAAQS). These requirements are found in Section l10(a)(l)(A) through (M) ofthe CAA. This document summarizes the CAA requirements and outlines how Utah meets these requirements, allowing it to implement, maintain, and enforce the 2008 lead NAAQS.

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## State of Utah 11O(a)(2) SIP Infrastructure Elements for Ozone
Section 110(a){2)(A): Emission Limits and Other Control Measures Requirement Summary "Each suchplanshall
. .. include enforceable emission limitations andother control measures, means, or techniques (including economic incentivessuch as fees, marketablepermits, and auctions of emissions rights), as wellas schedules andtimetables for compliance, as maybe necessary orappropriate to meet the applicable requirements of this chapter. " Utah's Infrastructure SIP Section 1 (LegalAuthority) identifies the statutory provisions that allow adoption of standards and limitations for attainment and maintenance ofnational standards. This section of the SIP was codified at R307-110-2, and EPA approved it most recently on June 25, 2003 at 68 FR 37744. SIP Section II (Review of New andModifiedAirPollution Sources) provides that new or modified sources ofair pollution must submit plans to the Utah Division ofAir Quality and receive approval orders before operating. SIP Section II was codified at R307-110-3, and EPA approved the SIP most recently on June 25, 2003 at 68 FR 37744. The Utah Air Quality Rule R307-401 establishes a minor source permittingprogram in the state for new and modified sources, and was most recently approved by EPA on May 5, 1995 at 60 FR 22277. SIP Section VIII (Prevention of SignificantDeterioration) was established as required by the Clean AirAct and applies to all airpollutants regulated underthe CAA. SIP Section VIII was codified at R307-110-9 and R307-405, and EPA approved it most recently on July 15, 2011 at 76 FR 41712. On April 14, 2011 Utah submitted revisions to R307-405 to incorporate the federal Tailoring Rule provisions that were promulgated on June 3, 2010. EPA has not yet acted upon this submittal. SIP Section IX Part D (8-Hour Ozone Maintenance Provisions) identifies Control Measures for Sources ofozone precursors in the Salt Lake County and Davis County ozone maintenance area. This section ofthe SIP was most recently revised in 2007 to demonstrate maintenance ofthe 1997 8-hour ozone standard and was submitted to EPA on March 22, 2007. EPA has not yet acted upon this SIP revision. EPA approved Utah's ozone maintenance plan for the 1-hour ozone standard in 1997. SIP Section IX Part D was codified at R307-110-13, and EPA approved the SIP most recently on July 19, 1997 at 62 FR 38213. SIP Section X, Part A (Vehicle Inspection and Maintenance Program, General Provisions) establishes general provisions for all inspection and maintenance programs in Utah. SIP Section X.A was codified at R307-110-31 and EPA approved it most recently onNovember2, 2005 at 70 FR 66264. On December 5, 2012 the Utah Air Quality Board adopted revisions to the
1December 11, 2012
general provisions to summarize 11M program requirements that are similar for all programs in Utah. This revision will be submitted to EPA in the near future. SIP Section X, Part B (Vehicle Inspection and Maintenance Program, Davis County) establishes the 11M program in Davis County. SIP Section X was codified at R307-110-32 and EPA approved it most recently on July 17, 1997 at 62 FR 38215. On December 5, 2012, the Utah Air Quality Board adopted revisions to the Davis County 11M program to reflect the current I/M program in Davis County. This revision will be submitted to EPA in the near future. SIP Section X, Part C (Vehicle Inspection and Maintenance Program, Salt Lake County) establishes the I/M program in Salt Lake County. SIP Section X.C was codified at R307-110-33 and EPA approved it most recently on August 1, 2005 at 70 FR44055. Ozone RACT Rules that implement Control Technique Guidance (CTG) documents established by EPA apply in the Salt Lake and Davis Counties ozone maintenance area. R307-325. Ozone Nonattainment and Maintenance Areas: General Requirements. This rule was most recently approved by EPA on February 14, 2006 at 71 FR 7679. R307-326. Ozone Nonattainment and Maintenance Areas: Control ofHydrocarbon Emissions in Petroleum Refineries. This rule was most recently approved by EPA on February 14, 2006 at 71 FR7679. R307-327. Ozone Nonattainment and Maintenance Areas: Petroleum Liquid Storage. This rule was mostrecently approved by EPA on February 14, 2006 at 71 FR 7679. R307-328. Gasoline Transfer and Storage. This rule was most recently approved by EPA on February 14, 2006 at 71 FR7679. R307-335. Ozone Nonattainment and Maintenance Areas: Degreasing and Solvent Cleaning Operations. This rule was most recently approved by EPA on February 14, 2006 at 71 FR7679. The Utah Air Quality Board adopted a revision to this rule on November 7, 2012 expand the currentrule to the PM2.5 nonattainment areas and add a new section for industrial solvent cleaning performed outside ofdegreasingtanks. This rule change will be submitted to EPA in the near future. R307-340. Ozone Nonattainment and Maintenance Areas: Surface Coating Processes. This rule was mostrecently approved by EPA on February 14, 2006 at 71 FR7679. On December 5, 2012 the Utah Air Quality Board replaced this rule that had covered numerous categories with new rules for each ofthe individual categories. The new rules are numbered as follows: R307-344, Paper, Film, and Foil Coatings; R307-345, Fabric and Vinyl Coatings; R307-346, Metal Furniture Surface Coatings; R307-347, Large Appliance Surface Coatings; R307-348, Magnet Wire Coatings; R307-349, Flat Panel Coatings; R307-350, Miscellaneous Metal Parts and Products Coatings; and R307-351, 2

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December 11, 2012
Graphic Arts. The new rules were expanded to apply to PM2.5 nonattainment areas and to reflect new CTGs published by EPA since the 1-hour ozone maintenance plan was adopted in 1997. These rule changes will be submitted to EPA in the near future. R307-341. Ozone Nonattainment and Maintenance Areas: Cutback Asphalt. This rule was most recently approved by EPA on February 14,2006 at 71 FR 7679.


### Section 110(a)(2)(B): Ambient Air Quality Monitoring or Data System Requirement Summary "Each suchplanshall
. ..provide for establishmentandoperation of appropriate devices, methods, systems, and procedures necessary to (i) monitor, compile, andanalyze data on ambientair quality, and(ii) upon request, make such data available to theAdministrator. " Utah's Infrastructure SIP Section IV (AmbientAirMonitoringProgram) outlines Utah's air quality surveillance networkthat meets the provisions of40 CFR Part 58. This section ofthe SIP was codified at R307-110-5, and EPA approved it most recently on June 25, 2003 at 68 FR 37744. Utah prepares an Annual Network Review as required by 40 CFR 58.10. The plan is made available for public comment and is submitted to EPA byJuly 1st ofeach year. DAQ submits data to EPA's Air Quality System (AQS) as required by40 CFRPart 58. 

### Section 110(a)(2)(C): Programs for Enforcement, PSD, and NSR Requirement Summary "Each suchplanshall
. .. include aprogram toprovide for the enforcement of the measures described in subparagraph (A), andregulation of the modification andconstruction of any stationarysource within the areas coveredbytheplanas necessary to assure thatnational ambientair qualitystandards are achieved, includingapermitprogram as requiredinparts C andD of this subchapter. " Utah's Infrastructure SIP Section I (LegalAuthority) identifies the statutory provisions that allow DAQ to prevent construction, modification oroperation ofany stationary source at any location where emissions from such source will prevent the attainment ormaintenance ofa national standard or interfere with prevention ofsignificant deterioration requirements (See I.A.1.d). SIP Section I was codified at R307-110-2, and EPA most recently approved the SIP on June 25, 2003 at 68 FR 37744. SIP Section II (Review of New andModifiedAirPollution Sources) provides that new or modified sources ofairpollution must submitplans to the Utah Division ofAir Quality and receive approval orders before operating. SIP Section II was codified at R307-110-3, and EPA approved the SIP most recently on June 25, 2003 at 68 FR 37744. The Utah Air Quality Rule 3December 11, 2012

R307-401 establishes a minor source permitting program in the state for new and modified sources. R307-401 was most recently approved by EPA on May 5, 1995 at FR 60 FR 22277. SIP Section VIII (Prevention of Significant Deterioration) was established as required by the Clean Air Act and applies to all air pollutants regulated under the CAA. SIP Section VIII was codified at R307-110-9 and R307-405, and EPA approved it most recently on July 15,2011 at 76 FR 41712. On April 14, 2011 Utah submitted revisions to R307-405 to incorporate the federal Tailoring Rule provisions that were promulgated on June 3, 2010. EPA has not yet acted upon this submittal. Utah's permitting rules require sources to install best available control technology (BACT) for all pollutants, including ozone precursors.


### Section 11O(a)(2)(D)(i): Interstate Transport Provisions Requirement Summary "Each suchplan shall
... contain adequateprovisions:prohibiting, consistentwith theprovisions of this subchapter, anysource or other type of emissions activity within the state from emitting anyairpollutant in amounts which will contribute significantly to nonattainment in, or interfere with maintenance by, anyother state with respect to anysuch nationalprimaryorsecondary ambient air qualitystandard, or interfere with measures required to be included in the applicable implementationplan for anyother state underpart

### C of this subchapter toprevent significant deterioration of air quality toprotectvisibility. " Utah's Infrastructure SIP Section VIII (PSD) and Utah Air Quality Rule R307-405 hold new major sources and major source modifications subject to the Prevention ofSignificant Deterioration program outlined at 40 CFR 51.166. SIP Section VIII was codified at R307-110-9, and EPA approved it and the rule most recently on July 15,2011 at 76 FR41712. On April14, 2011, Utah submitted revisions to R307-405 to incorporate the federal Tailoring Rule provisions thatwere promulgated on June 3, 2010. EPA has not yet acted upon this submittal. OnNovember 19, 2012, EPA Assistant Administrator Gina McCarthy issued a memorandum titledNext Steps for PendingRedesignationRequests andState Implementation PlanActions Affectedbythe Recent CourtDecision Vacating the 2011 Cross-StateAirPollution Rule. This memorandum outlined EPA's intention to abide by the Court decision that a SIP cannot be deemed deficient for failing to meet the good neighbor obligation in Section 110(a)(2)(D)(i) of the CAA before the EPA quantifies that obligation. EPA has not yet quantified Utah's good neighbor obligation underthe 2008 ozone standard; and therefore, Utah's infrastructure SIP is adequate.

4December 11, 2012



### Section 110(a)(2)(D)(ii): Interstate and International Transport Provisions Requirement Summary "Each suchplanshall
. .. contain adequateprovisions insuring compliance with the applicable requirements of sections 115 or 126 (b) that involve ozone emissions (relating to interstate and internationalpollution abatement)." Utah's Infrastructure EPA has not identified any sources ofozone precursors in Utah that endangerpublic health or the welfare ofa foreign country. Therefore, Utah is not subject to Section 115 ofthe Clean Air Act. SIP Section VIII (Prevention of SignificantDeterioration) was established as required by the Clean Air Act and applies to all airpollutants regulated under the CAA. In accordance with 40 CFR 51.166(q)(2)(iv), SIP Section VIII requires the Directorto notify neighboring states of potential impacts from new major sources ormajor modifications ofozone precursors. SIP Section VIII was codified at R307-110-9 and R307-405, and EPA approved it most recently on July 15, 2011 at 76 FR41712. On April14, 2011 Utah submitted revisions to R307-405 to incorporate the federal Tailoring Rule provisions that were promulgated on June 3, 2010. EPA has not yet acted upon these revisions. The PSD SIP and R307-405 contain adequate provisions to be in compliance with Section 126 ofthe Clean Air Act. SIP Section XX (Regional Haze) determined that sources in Utah do not interfere with visibility plans developed by other states. Utah consulted with other states in the Western Regional Air Partnership and reductions in emissions from Utah were included in the regional visibility modeling. Authority for this section is located in Section 19-2-104, UCA. SIP Section XX was codified at R307-110-28. EPA signed a notice to approve the majority ofUtah's Regional Haze plan in December 2012, but has not yetpublished this final action in the FR. 

### In the same action, EPA disapproved the BestAvailable Retrofit Technology (BART) determinations for NOx and PM for four subject to BARTElectric Generating Units (EGUs). UDAQ is currentlypreparing a new 5-Factor BART analysis for these four EGUs to address the deficiencies identified in EPA disapproval. 

### Section 110(a)(2)(E)(i): Adequate Personnel, Funding, and Authority Requirement Summary "Each suchplanshall
. ..provide: (i) necessaryassurances that the state (or, exceptwhere the Administratordeems inappropriate, the generalpurpose localgovernmentorgovernments, ora regional agencydesignated bythe state orgeneralpurpose localgovernments for suchpurpose) willhave adequatepersonnel,funding, andauthority under state (and, as appropriate, local) law to carryoutsuch implementationplan (and is notprohibitedbyanyprovision of federal orstate law from carryingoutsuch implementationplan orportion thereof)"

5December 11, 2012

Utah's Infrastructure SIP Section V (Resources) commits to implementprogram activities in relation to resources provided bythe annual State orEPA Agreement and Section105 grant applications. SIP Section V (Resources) was codified at R307-110-6, and EPA approved it most recently on June 25,2003 at 68 FR 37744. Utah Air Quality Rule R307-414, Permits: Fees forApproval Orders, requires the owner and operator ofeach new major source or major modification to pay a fee sufficient to coverthe reasonable costs ofreviewing and acting upon the notice ofintent and implementing and enforcing requirements placed on such source by any approval order issued.


### Section 110(a)(2)(E)(ii): Adequate Personnel, Funding, and Authority Requirement Summary "Each suchplan shall
. ..provide
...(il) requirements that the state comply with the requirements respecting state boards undersection 128." Utah's Infrastructure SIP Section I (LegalAuthority) identifies the statutory provisions that implementthe provisions ofSection 128 ofthe Clean Air Act respecting State Boards (See I.A.l.g). SIP Section I was codified atR307-110-2, and EPA approved it mostrecently on June 25, 2003 at 68 FR 37744. Authority for SIP Section I is located at Section 19-2-104, UCA.


### Section 110(a)(2)(E)(iii): Adequate Personnel, Funding, and Authority Requirement Summary "Each suchplanshall
. ..provide
. .. (iil) necessary assurances that, where the state has relied on a local or regionalgovernment, agency, or instrumentality for the implementation of anyplan provision, the state has responsibility for ensuringadequate implementation of suchplan provision. " Utah's Infrastructure SIP Section VI (Intergovernmental Cooperation) lists federal, state, and local agencies involved in protecting air quality in Utah. SIP Section VI was codified at R307-110-7, and EPA approved it most recently onJune 25, 2003 at 68 FR 37744.

6December 11, 2012



### Section 11O(a)(2)(F): Stationary Source Monitoring and Reporting Requirement Summary "Each suchplan shall
... require, as may beprescribedbytheAdministrator: (i) the installation, maintenance, andreplacementof equipment, andthe implementation of other necessarysteps, byownersoroperators of stationarysources to monitoremissions from such sources, (ii)periodic reports on the nature andamounts of emissions andemissions-relateddata from such source (iii) correlation of such reports bythe state agencywith any emission limitations orstandards established pursuantto this chapter, which reports shallbe available atreasonable times for public inspection. " Utah's Infrastructure SIP Section III (Source Surveillance) describes Utah's programs to monitor sources, including emission inventories, plant inspections, and emission testing. SIP Section III is codified at R307-II0-4, and EPA approved it most recently on June 25,2003 at 68 FR 37744. R307-I50 requires sources to submit periodic emission inventories for criteria pollutants and theirprecursors and hazardous pollutants. R307-I50 was most recently approved by EPA on July I7, I997, 62 FR 382I5. Utah has submitted numerous changes to the inventory rule since that date to incorporate new federal requirements, such as the Consolidated Emission Reporting Rule (CERR), and EPA has not yet acted on any ofthese submittals. R307-I65 requires sources to conductperiodic tests to assure compliance with the emissions limitations established in approval orders orthe SIP. R307-I65 was most recently approved by EPA on February I4, 2006 at 7I FR 7679. R307-I70 requires certain large sources to install and maintain continuous emission monitors to assure compliance with emission limitations established in approval orders and the SIP. R307- I70 was most recently approved byEPA on September 2, 2008 at 73 FR 5I222. SIP Section II (Review of New andModifiedAirPollution Sources) provides that new or modified sources ofairpollution must submitplans to the Utah Division ofAir Quality and receive approval orders before operating. SIP Section II was codified at R307-II0-3, and EPA approved it most recently on June 25, 2003 at 68 FR 37744. The Utah Air Quality Rule R307- 40I establishes a minor source permittingprogram in the state for new and modified sources. R307-40I was most recently approved byEPA on May 5, I995 at FR 60 FR 22277. SIP Section VIII (Prevention of SignificantDeterioration) was established as required bythe Clean Air Act and applies to all air pollutants regulated under the CAA. SIP Section VIII was codified at R307-II0-9 and R307-405, and EPA approved it most recently on July I5, 20II at 76 FR 4I7I2. On April I4, 20II Utah submitted revisions to R307-405 to incorporate the federal 7December 11, 2012
Tailoring Rule provisions that were promulgated on June 3, 2010. EPA has not yet acted upon this submittal.


### Section 110(a)(2)(G): Emergency Episodes Requirement Summary "Each suchplanshallprovide for authority comparable to that in section 303 of this title and adequate contingencyplans to implementsuch authority. " Utah's Infrastructure SIP Section I (LegalAuthority) identifies the statutory provisions to abate pollutant emissions on an emergency basis to prevent substantial endangermentto the health ofpersons (See I.A.1.g). The legal authority to implement SIP Section I is contained in the Utah Air Conservation Act Section 19-2-112. SIP Section I was codified at R307-110-2, and EPA approved it mostrecently on June 25, 2003 at 68 FR 37744. SIP Section VII (Prevention of AirPollution EmergencyEpisodes) provides the basis for taking action to prevent airpollutant concentrations from reaching levels which could endanger the public health orto abate such concentrations should they occur. The legal authority to implement SIP Section VII is contained in the Utah Air Conservation Act Section 19-2-112. SIP Section VII was codified at R307-110-8, and EPA approved it most recently on June 25, 2003 at 68 FR 37744.


### Section 110(a)(2)(H): Future SIP revisions Requirement Summary "Each suchplan shall
...provide for revision of suchplan-- (i)from time to time as may be necessary to take account of revisions of such nationalprimary orsecondary ambientair qualitystandardor the availabilityof improvedor more expeditious methods of attainingsuch standard, and (ii) exceptasprovidedinparagraph (3)(C), whenever the Administrator finds on the basis of information available to theAdministrator that theplan is substantially inadequate to attain the national ambient air qualitystandardwhich it implements or to otherwise complywith any additional requirements establishedunder this chapter (CAA)." Utah's Infrastructure SIP Section I (LegalAuthority) identifies the statutory provisions that allow the Utah Division of Air Quality to revise its plans to take account ofrevisions ofnational ambient air quality standard and to adopt expeditious methods ofattaining and maintaining such standard (See I.A.1.a). The legal authority to implement SIP Section I is contained in the Utah Air Conservation Act Section 19-2-112. SIP Section I was codified at R307-110-2, and EPA approved it mostrecently on June 25, 2003 at 68 FR 37744. 8December 11, 2012



### Section 110(a)(2)(J): Consultation with Government Officials Requirement Summary "meet the applicable requirements of section 121 (relating to consultation)" Utah's Infrastructure SIP Section I (LegalAuthority) adopts requirements for transportation consultation (Section 174, Clean AirAct) (See I.A.2). SIP Section I was codified at R307-110-2, and EPA approved it most recently on June 25, 2003 at 68 FR 37744. SIP Section VI (Intergovernmental Cooperation) provides a listing offederal, state, and local agencies involved in protecting air quality in Utah. SIP Section VI was codified at R307-110-7, and EPA approved it mostrecently on June 25, 2003 at 68 FR 37744. SIP Section XII (Transportation Conformity Consultation) establishes the consultation procedures on transportation conformity issues when preparing stateplans. SIP Section XII was codified at R307-110-20, and EPA approved it most recently on September 2, 2008 at 73 FR 51222. 

### Section 11O(a)(2)(J): Public Notification Requirement Summary "meet the applicable requirements of section 127of this title (relating topublic notification)" Utah's Infrastructure SIP Section XVI (Public Notification) includes provisions to notify the public when NAAQS have been exceeded as per Section 127 ofthe CAA. SIP Section XVI was codified at R307-110- 24, and EPA last approved it on June 25, 2003 at 68 FR 37744.


### Section 110(a)(2)(J): PSD and Visibility Protection Requirement Summary "meet the applicable requirements of
... part C (relating toprevention of significant deterioration of air quality andvisibilityprotection)" Utah's Infrastructure SIP Section VIII (PSD) describes the program to prevent significant deterioration ofareas ofthe state where the air is clean. SIP Section VIII was codified at R307-110-9 and R307-405, and EPA approved SIP Section VIII and R307-405 most recently on July 15, 2011 at 76 FR41712. Utah has also submitted further revisions to R307-405 to incorporate the federal Tailoring Rule provisions that were promulgated on June 3, 2010, and EPA has not yet acted on these revisions.

9December 11, 2012

SIP Section XVII (Visibility Protection) describes the program to protect visibility, especially within the boundaries ofthe five national parks located in Utah. Authority for this section is located in Sections 19-2-101 and 104, UCA. SIP Section XVII was codified at R307-110-25, and EPA approved it mostrecently on June 25, 2003 at 68 FR 37744. SIP Section XX (Regional Haze) addresses the requirements in Part C ofthe CAA relating to regional haze. The SIP was based on the recommendations ofthe Grand Canyon Visibility Transport Commission established by Section 169B(f) ofthe CAA. Authority for this section is located in Section 19-2-104, UCA. SIP Section XX was codified at R307-110-28. EPA signed a notice to approve the majority ofUtah's Regional Haze plan in December 2012, but has notyet published this final action in the FR. In the same action, EPA disapproved the Best Available Retrofit Technology (BART) determinations for NOx and PMfor four subject to BART Electric Generating Units (EGUs). UDAQ is currently preparing a new 5-Factor BART analysis for these four EGUs to address the deficiencies identified in EPA disapproval.


### Section 110(a)(2)(K): Air Quality Modeling or Data Requirement Summary "Each suchplan shall
. ..provide for-- (i) theperformance of such airqualitymodelingas the Administratormayprescribefor thepurpose of predictingthe effecton ambient air quality of any emissions of any airpollutant for which theAdministratorhas establisheda national ambient air qualitystandard, and (ii) the submission, upon request, of data related to such air quality modeling to the Administrator. " Utah's Infrastructure Utah Air Quality Rule R307-405-13 incorporates the airquality model provisions of40 CFR 52.21(l), which includes the airquality model requirements ofappendix W of40 CFRpart 51. R307-110-9 codifies SIP Section VIII (PSD). EPA approved SIP Section VIII and R307-405 most recently on July 15, 2011 at 76 FR41712. On April14, 2011 Utah submitted revisions to R307-405 to incorporate the federal Tailoring Rule provisions that were promulgated on June 3, 2010. EPA has not yet acted upon this submittal. SIP Section II (Review of New andModifiedAirPollution Sources) provides that new or modified sources ofair pollution must submitplans to the Division ofAir Quality and receive an Approval Orderbefore operating. SIP Section II was codified at R307-110-3, and EPA approved it most recently onJune 25, 2003 at 68 FR 37744. R307-410 establishes the procedures and requirements for evaluatingthe emissions impact of new ormodified sources that require an approval order underR307-401. EPA approved R307- 410 most recently on July 8, 1994 at 59 FR 35036.

10,

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December 11, 2012



### Section 11O(a)(2)(L): Permitting Fees Requirement Summary "Each suchplanshall require the owner oroperator of each majorstationary source topayto thepermittingauthority, as a condition of anypermitrequiredunder this chapter, a fee sufficient to cover-- (i) the reasonable costs of reviewingandacting upon anyapplication for such apermit, and (ii) 

## if the owner oroperator receives apermit for such source, the reasonable costs of implementingandenforcingthe terms andconditions of anysuchpermit (not includinganycourt costs or other costs associatedwith any enforcement action), untilsuch foe requirement is supersededwith respect to such sources by theAdministrator'sapproval of a

feeprogram under subchapter (title) Vof this chapter." Utah's Infrastructure SIP Section I (LegalAuthority) identifies the statutory authority to charge a fee to major sources to coverpermit and enforcement expenses (See I.A.1.h). SIP Section I was codified at R307-10- 2, and EPA approved it mostrecently on June 25,2003 at 68 FR 37744. Utah Air Quality Rule R307-414, Permits: Fees forApproval Orders, requires the owner and operator ofeach new major source ormajor modification to pay a fee sufficient to cover the reasonable costs ofreviewing and acting upon the notice ofintent and implementing and enforcing requirements placed on such source by any approval order issued. EPA approved R307-414 most recently on February 14, 2006 at 71 FR 7679. Utah's Title V Operating Permits Program (R307-415) was approved byEPA on June 8, 1995 at 60 FR 30192.


### Section 110(a)(2)(M): Consultation or Participation 

### by Affected Local Entities Requirement Summary "Each suchplanshall
...provide for consultation and participation bylocalpolitical subdivisions affectedbytheplan. " Utah's Infrastructure SIP Section VI (Intergovernmental Cooperation) lists federal, state, and local agencies involved in protecting air quality in Utah. SIP Section VI was codified at R307-110-7, and EPA approved it most recently on June 25, 2003 at 68 FR 37744. SIP Section XII (Transportation Conformity Consultation) establishes the consultation procedures on transportation conformity issues when preparing state plans. SIP Section XII was codified at R307-110-2, and EPA approved it most recently on September 2, 2008 at 73 FR 51222. 114770 S. 5600 W. P.O. HOX 70.f005 WEST Vi\LLEY CITY.lJTAH 84170 FED.TAX I.D.# !P-0217663 PROOF OF PUBLICATION
CUSTOMER NAME AND ADDRESS UT ST DEPT OF ENV QUALITY, DIVISION OF AIR QUALITY PO BOX 144820 SALT LAKE CITY UT 84114
ACCOUNT NAME UT ST DEPT OF ENV QUALITY,

AFFIDAVIT OF PUBLICATION 

## DeseretNe,vs

CUSTOMER'S COPY
ACCOUNT NUMBER DATE 9001399880 J/2/2013

AS NEWSPAPER AGENCY COMPANY. LLC dba MEDIAONE OF UTAH LEGAL BOOKER. I CERTIFY THAT THE ATTACHED ADVERTISEMENT OF lltah Division ofAir Quality Notice ofInfrastructure SIPs The Clean Air Act (CAA) directs states to address basic air quality managementinfrastructure requir FOR liT ST DEPT OF ENV QliALITY, WAS PUBLISHED BY THE NEWSPAPER AGENCY COMPANY, LLC dba MEDIAONE OF UTAH, 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. NOTICE IS ALSO POSTED ON UTAHLEGALS.COM ON THE SAME DAY AS THE FIRST NEWSPAPER PUBLICATION DATE AND REMAINS ON UTAHLEGALS.COM INDEFINATELY.
PUBLISHED ON Stm1 12/18/2012 End 01102/2013

SIGNATURE

DATE 1/2/2013

### State ofUtah GARY R. HERBERT Governor GREG BELL Lieutenant Governor

December I2, 20I2 

### Department of Environmental Quality
Amanda Smith Executive Director DIVISION OF AIR QUALITY Bryce C. Bird

Director

Carl Daly, Director, Air Program Environmental Protection Agency, Region 8 Mailcode 8P-AR I595 Wynkoop Street Denver, Colorado 80202-II29 RE: Infrastructure SIPs for the 2008 Ozone Standard and the 20II N02 Standard Dear Mr. Daly: DAQP-047-I2

The attached documents summarize Utah's existing infrastructure State Implementation Plan (i-SIP), and demonstrate that all required elements are in place for the 2008 Ozone National Ambient Air Quality Standard (NAAQS) and the 20II nitrogen dioxide (N02) NAAQS as required by section IIO(a) ofthe Clean Air Act. The Environmental Protection Agency (EPA) has not yet developed guidance (either draft or final) to delineate what is required in the i-SIPs for ozone and N02 despite the fact that the ozone i-SIP was due in March 20II, and the N02 i-SIP is due in January 20I3. The Utah Division ofAir Quality (UDAQ) waited as long as possible before developing this summary of existing requirements because EPA had indicated that guidance was under development. On October I2, 20I2, the United States District Court, Northern District ofCalifornia ordered EPA to issue a finding of failure to submit i-SIPs for the 2008 Ozone Standard by January 4, 20I3. On a recent national phone call, EPA notified the states ofthis court-ordered deadline, which has forced UDAQ to accelerate review of Utah's existing i-SIP. The attached reviews are based on EPA's most recent guidance that was developed for the lead NAAQS. All ofthe identified elements in Utah's i-SIP have gone through rulemaking, including an opportunity for public comment and public hearings, at both the State and Federal level. This rigorous process meets the requirement in section IIO(a)(l) ofthe Clean Air Act that "each State shall, afterreasonable notice and public hearings, adopt and submit to the Administrator, within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation ofa National Primary Ambient Air Quality Standard (or any revision thereof) under section I09 for any air pollutant, a plan which provides for implementation, maintenance, and enforcement ofsuch primary standard in each air quality control region (or portion thereof) within such State." A further public
195 North 1950 West • Salt Lake City, Utah Mailing Address: P.O. Box 144820 • Salt Lake City, Utah 84114-4820 Telephone (801) 536-4000 • Fax (801)536-4099 • T.D.D. (801) 536-4414 www.deq.utah.gov Printed on I00% recycled paperDAQP-047-12 Page2
comment period is not required by the Clean Air Act for a letter summarizing what is already in place. Nevertheless, the Utah Division ofAir Quality (UDAQ) will provide public notice that these summaries of existing requirements are available for review from December 18,2012,to January 18,2013. This letter summarizing the existing i-SIP provisions already approved by EPA satisfies Utah's obligation under section llO(a) oftheNAAQS for the 2008 ozone NAAQS. Therefore, EPA should remove Utah from the list ofstates that will receive a finding offailure to submit an i-SIP for the 2008 ozone NAAQS. Ifyou have any questions, please contact me at (801) 536-4064 or Colleen Delaney at (80 1) 536-4248. Sincerely,

# --4.-~-rl.Y Bryce C. Bird Director BCB:CD:svw Attachments (2)December 11, 2012


## State of Utah 11O{a){2) SIP Infrastructure Elements for 

## N02
Section 11O(a)(2)(A): Emission Limits and Other Control Measures Requirement Summary "Each suchplan shall
. .. include enforceable emission limitations andother control measures, means, ortechniques (including economic incentives such asfees, marketablepermits, and auctions of emissions rights), as well as schedules and timetables for compliance, as may be necessary orappropriate to meet the applicable requirements of this chapter. " Utah's Infrastructure SIP Section 1 (LegalAuthority) identifies the statutory provisions that allow adoption of standards and limitations for attainment and maintenance ofnational standards. This section of the SIP was codified at R307-110-2, and EPA approved it most recently on June 25,2003 at 68 FR 37744. SIP Section IX PartE (Control MeasuresforAreaandPoint Sources: Nitrogen Dioxide) identifies Control Measures for Sources ofnitrogen dioxide (N02). This section ofthe SIP was developed in the late 1970s. The N02 standard has been met continually since that time. Therefore the SIP does not establish any emission limitations or control strategies for N02. SIP Section IX PartEwas codified at R307-110-14, and EPA approved the SIP most recently on June 25, 2003 at 68 FR 37744. SIP Section II (Review of New andModifiedAirPollution Sources) provides that new or modified sources ofair pollution must submitplans to the Utah Division ofAir Quality and receive approval orders before operating. SIP Section II was codified at R307-110-3, and EPA approved the SIP most recently on June 25, 2003 at 68 FR 37744. The Utah Air QualityRule R307-401 establishes a minor source permitting program in the state for new and modified sources, and was most recently approved byEPA on May 5, 1995 at FR 60 FR 22277. SIP Section VIII (Prevention of SignificantDeterioration) was established as required by the Clean Air Act and applies to all air pollutants regulated under the CAA. SIP Section VIII was codified at R307-110-9 and R307-405, and EPA approved it most recently on July 15, 2011 at 76 FR41712. On April 14, 2011 Utah submitted revisions to R307-405 to incorporate the federal Tailoring Rule provisions that were promulgated onJune 3, 2010. EPA has not yet acted upon this submittal. 

### Section 11O(a)(2)(B): Ambient Air Quality Monitoring or Data System Requirement Summary "Each suchplan shall
. ..provide for establishment andoperation of appropriate devices, methods, systems, andprocedures necessary to (i) monitor, compile, andanalyze data on ambient airquality, and (ii) upon request, make such data available to theAdministrator." 1December 11, 2012



### Utah's Infrastructure SIP Section IV 

### (AmbientAirMonitoring Program) outlines Utah's air quality surveillance network that meets the provisions of40 CFR Part 58. This section ofthe SIP was codified at R307-110-5, and EPA approved it most recently onJune 25, 2003 at 68 FR 37744. Utah prepares an Annual Network Review as required by 40 CFR 58.10. The plan is made available for public comment and is submitted to EPAbyJuly 1st ofeach year. DAQ submits data to EPA's Air Quality System (AQS) as required by40 CFR Part 58. On January 22, 2010 EPA strengthened the NAAQS for N02. 

### All sites in Utah are monitoring attainment ofthe revised standard. EPA also modified the monitoringrequirements for N02. 

### One community-wide monitoring site is required in Utah, and the Hawthorne site was selected to meet this requirements. One monitoring site is required to protect sensitive and vulnerable populations and the Ogden site was selected to meet this requirement. Finally, near-road monitoring was originallyrequired beginning in 2013. On October 5, 2012 EPA proposed revisions that would phase in the near-road monitoring requirements over several years. UDAQ anticipates that this rule will be finalized in the near future. EPA identified the Salt Lake-Davis MSA as a phase I implementation area. Funding from EPA to locate a near-road site in this MSA is expected in the near future. The site is expected to be up and running by January 1, 2014 as required bythe rule. Phase 2 sites are required to be operational by 2017 and will be addressed through the annual network review process. 

### Section 11O{a){2){C): Programs for Enforcement, PSD, and NSR Requirement Summary 

### "Each suchplan shall
. .. include aprogram toprovide for the enforcement ofthe measures described in subparagraph (A), and regulation of the modification andconstruction of any stationary source within the areas coveredby theplan as necessary to assure that national ambient air quality standards are achieved, including apennitprogram as required inparts C andD of this subchapter. " Utah's Infrastructure SIP Section I 

### (LegalAuthority) identifies the statutory provisions that allow DAQ to prevent construction, modification or operation ofany stationary source at any location where emissions from such source will prevent the attainment ormaintenance ofa national standard or interfere with prevention ofsignificant deterioration requirements (See I.A.l.d). SIP Section I was codified at R307-110-2, and EPA most recently approved the SIP onJune 25, 2003 at 68 FR 37744. SIP Section II 

### (Review of New andModifiedAirPollution Sources) provides that new or modified sources ofair pollution must submit plans to the Utah Division ofAir Quality and receive approval orders before operating. SIP Section II was codified at R307-110-3, and EPA approved the SIP most recently onJune 25, 2003 at 68 FR 37744. The Utah Air QualityRule R307-401 establishes a minor source permitting program in the state for new and modified sources. R307-401 was most recently approved by EPA on May 5, 1995 at FR 60 FR 22277. 2December 11, 2012



### SIP Section VIII (Prevention of SignificantDeterioration) 

### was established as required bythe Clean AirAct and applies to all air pollutants regulated under the CAA. SIP Section VIII was codified at R307-110-9 and R307-405, and EPA approved it most recently on July 15,2011 at 76 FR 41712. On April14, 2011 Utah submitted revisions to R307-405 to incorporate the federal Tailoring Rule provisions that were promulgated on June 3, 2010. EPA has not yet acted upon this submittal. Utah's permitting rules require sources to install best available control technology (BACT) for all pollutants, including N02.


### Section 11O(a)(2)(D)(i): Interstate Transport Provisions Requirement Summary 

### "Each suchplan shall
... contain adequateprovisions:prohibiting, consistent with theprovisions of this subchapter, any source orother type of emissions activity within the state from emitting any airpollutant in amounts which will contribute significantly to nonattainment in, or inteifere with maintenance by, any otherstate with respect to any such nationalprimary orsecondary ambient air quality standard, or inteifere with measures required to be included in the applicable implementationplan for any otherstate underpart C of this subchapter toprevent significantdeterioration of airquality toprotect visibility. " Utah's Infrastructure 

### SIP Section VIII (PSD) and Utah Air QualityRule R307-405 hold new major sources and major source modifications subject to the Prevention ofSignificant Deterioration program outlined at 40 CPR 51.166. SIP Section VIII was codified at R307-110-9, and EPA approved it and rule most recently on July 15, 2011 at 76 FR 41712. On April 14, 2011 Utah submitted revisions to R307-405 to incorporate the federal Tailoring Rule provisions that were promulgated on June 3, 2010. EPA has not yet acted upon this submittal. On November 19,2012 EPA Assistant Administrator Gina McCarthy issued a memorandum titledNext Stepsfor PendingRedesignation Requests andState Implementation PlanActions Affectedby the Recent CourtDecision Vacating the 2011 Cross-StateAirPollution Rule. 

### This memorandum outlined EPA's intention to abide by the Court decision that a SIP cannot be deemed deficient for failing to meet the good neighbor obligation in Section 110(a)(2)(D)(i) of the CAA before the EPA quantifies that obligation. EPA has not yet quantified Utah's good neighbor obligation under the 2011 N02 

### standard and therefore Utah's infrastructure SIP is adequate.

3December 11, 2012



### Section 11O(a)(2)(D)(ii): Interstate and International Transport Provisions Requirement Summary 

### "Each suchplan shall
. .. contain adequateprovisions insuring compliance with the applicable requirements of sections 115 or 126(b) that involve N02 

### emissions (relating to interstate and internationalpollution abatement)." Utah's Infrastructure EPA has not identified any N02 

### sources in Utah that endangerpublic health orthe welfare ofa foreign country. Therefore, Utah is not subject to Section 115 ofthe Clean AirAct. SIP Section VIII 

### (Prevention of SignificantDeterioration) was established as required by the Clean Air Act and applies to all air pollutants regulated under the CAA. In 

### accordance with 40 CFR 51.166(q)(2)(iv), SIP Section VIII requires the Director to notify neighboring states of potential impacts from new major sources ormajor modifications of N02• 

### SIP Section VIII was codified at R307-110-9 and R307-405, and EPA approved it most recently on July 15, 2011 at 76 FR 41712. On April14, 2011 Utah submitted revisions to R307-405 to incorporate the federal Tailoring Rule provisions that were promulgated onJune 3, 2010. EPA has not yet acted upon these revisions. The PSD SIP and R307-405 contain adequate provisions to be in compliance with Section 126 ofthe Clean AirAct. SIP SectionXX (Regional Haze) determined that sources in Utah do not interfere with visibility plans developed byother states. Utah consulted with other states in the Western Regional Air Partnership and reductions in emissions from Utah were included in the regional visibility modeling. Authority for this section is located in Section 19-2-104, UCA. SIP Section XX was codified at R307-110-28. EPA signed a notice to approve the majority ofUtah's Regional Haze plan in December 2012, buthas not yet published this final action in the FR. In

### the same action, EPA disapproved the Best Available Retrofit Technology (BART) determinations for NOx and PM for four subject to BARTElectric Generating Units (EGUs). UDAQ is currentlypreparing a new 5-Factor BART analysis for these four EGUs to address the deficiencies identified in EPA disapproval.


### Section 11O(a)(2)(E)(i): Adequate Personnel, Funding, and Authority Requirement Summary 

### "Each suchplan shall
...provide: (i) necessaryassurances that the state (or, except where the Administratordeems inappropriate, the generalpurpose local government orgovernments, ora regional agencydesignated bythe state orgeneralpurpose local governmentsfor suchpurpose) will have adequatepersonnel,funding, andauthority under state (and, as appropriate, local) law to carry outsuch implementationplan (and is notprohibitedbyanyprovision of federal orstate law from carrying out such implementationplan orportion thereof)"

4December 11, 2012



### Utah's Infrastructure SIP Section V 

### (Resources) commits to implement program activities in relation to resources provided bythe annual State orEPA Agreement and Section105 grant applications. SIP Section V 

### (Resources) was codified at R307-110-6, and EPA approved it most recently on June 25, 2003 at 68 FR 37744. Utah Air QualityRule R307-414, 

### Permits: FeesforApproval Orders, requires the owner and operator ofeach new major source ormajor modification to pay a fee sufficient to cover the reasonable costs ofreviewing and acting upon the notice ofintent and implementing and enforcing requirements placed on such source by any approval order issued.


### Section 11O{a){2){E){ii): Adequate Personnel, Funding, and Authority Requirement Summary 

### "Each suchplan shall
. ..provide
...(ii) requirements that the state complywith the requirements respecting state boards undersection 128." Utah's Infrastructure SIP Section I 

### (LegalAuthority) identifies the statutory provisions that implementthe provisions ofSection 128 ofthe Clean AirAct respecting State Boards (See I.A.l.g). SIP Section I was codified at R307-110-2, and EPA approved it most recent!y on June 25, 2003 at 68 FR 37744. Authority for SIP Section I is located at Section 19-2-104, UCA.


### Section 11O{a){2){E){iii): Adequate Personnel, Funding, and Authority Requirement Summary 

### "Each suchplan shall
. ..provide
. .. (iii) necessary assurances that, where the state has relied on a local or regional government, agency, or instrumentality for the implementation of anyplan provision, the state has responsibility for ensuring adequate implementation of suchplan provision." Utah's Infrastructure SIP Section VI 

### (Intergovernmental Cooperation) lists federal, state, and local agenciesinvolved in protecting air quality in Utah. SIP Section VI was codified at R307-110-7, and EPA approved it most recently on June 25, 2003 at 68 FR 37744.

5December 11, 2012



### Section 11O(a)(2)(F): Stationary Source Monitoring and Reporting Requirement Summary "Each suchplan shall
. .. require, as maybeprescribedby theAdministrator: (i) the installation, maintenance, and replacement of equipment, andthe implementation of other necessary steps, byowners oroperators of stationary sources to monitoremissions from such sources, (ii)periodic reports on the nature andamounts of emissions andemissions-relateddatafrom such source (iii) correlation of such reports bythe state agency with any emission limitations orstandards establishedpursuant to this chapter, which reports shall be available at reasonable timesfor public inspection. " Utah's Infrastructure SIP Section III (Source Surveillance) describes Utah's programs to monitor sources, including emission inventories, plant inspections, and emission testing. SIP Section III is codified at R307-110-4, and EPA approved it most recently onJune 25,2003 at 68 FR 37744. R307-150 requires sources to submit periodic emission inventories for criteria pollutants and their precursors and hazardous pollutants. R307-150 was most recently approved byEPA on July 17, 1997, 62 FR 38215. Utah has submitted numerous changes to the inventory rule since that date to incorporate new federal requirements, such as the Consolidated Emission Reporting Rule (CERR), and EPA has not yet acted on any ofthese submittals. R307-165 requires sources to conduct periodic tests to assure compliance with the emissions limitations established in approval orders orthe SIP. R307-165 was most recently approved by EPA on February 14,2006 at 71 FR 7679. R307-170 requires certain large sources to install and maintain continuous emission monitors to assure compliance with emission limitations established in approval orders and the SIP. R307-170 was most recently approved by EPA on September 2, 2008, 73 FR 51222. SIP Section II (Review of New andModifiedAirPollution Sources) provides that new or modified sources ofair pollution must submit plans to the Utah Division ofAir Quality and receive approval orders before operating. SIP Section II was codified at R307-110-3, and EPA approved it most recently onJune 25, 2003 at 68 FR 37744. The Utah Air QualityRule R307-401 establishes a minor source permitting program in the state for new and modified sources. R307-401 was most recently approved by EPA on May 5, 1995 at FR 60 FR 22277. SIP Section VIII (Prevention of SignificantDeterioration) was established as required by the Clean Air Act and applies to all airpollutants regulated under the CAA. SIP Section VIII was codified at R307-110-9 and R307-405, and EPA approved it most recently onJuly 15, 2011 at 76 FR 41712. On April14, 2011 Utah submitted revisions to R307-405 to incorporate the federal 6December 11, 2012


### Tailoring Rule provisions that were promulgated on June 3, 2010. EPA has not yet acted upon this submittal.


### Section 11O(a)(2)(G): Emergency Episodes Requirement Summary 

### "Each suchplan shallprovide for authority comparable to that in section 303 of this title and adequate contingencyplans to implement such authority. " Utah's Infrastructure SIP Section I 

### (LegalAuthority) identifies the statutory provisions to abate pollutant emissions on an emergency basis to prevent substantial endangerment to the health ofpersons (See I.A.l.g). The legal authority to implement SIP Section I is contained in the Utah Air ConservationAct Section 19-2-112. SIP Section I was codified at R307-110-2, and EPA approved it most recently on June 25, 2003 at 68 FR 37744. SIP Section VII 

### (Prevention of AirPollution Emergency Episodes) provides the basis for taking action to prevent air pollutant concentrations from reaching levels which could endanger the public health orto abate such concentrations should they occur. The legal authority to implement SIP Section VII is contained in the Utah Air Conservation Act Section 19-2-112. SIP Section VII was codified at R307-110-8, and EPA approved it most recently on June 25, 2003 at 68 FR 37744.


### Section 11O(a)(2)(H): Future SIP revisions Requirement Summary 

### "Each suchplan shall
...provide for revision of suchplan-- (i)from time to time as maybe necessary to take account ofrevisions of such nationalprimary orsecondary ambientairquality standardorthe availability of improvedormore expeditious methods of attaining such standard, and (ii) exceptasprovided inparagraph (3)(C), whenever theAdministrator finds on the basis of information available to theAdministratorthat theplan is substantially inadequate to attain the nationalambient air quality standardwhich it implements orto otherwise comply with any additional requirements established under this chapter (CAA)." Utah's Infrastructure SIP Section I 

### (LegalAuthority) identifies the statutory provisions that allow the Utah Division of Air Qualityto revise its plans to take account ofrevisions ofnational ambient air quality standard and to adopt expeditious methods ofattaining and maintaining such standard (See I.A.1.a). The legal authority to implement SIP Section I is contained in the Utah Air Conservation Act Section 19-2-112. SIP Section I was codified at R307-110-2, and EPA approved it most recently onJune 25, 2003 at 68 FR 37744. 7December 11, 2012



### Section 11O(a)(2)(J): Consultation with Government Officials Requirement Summary "meet the applicable requirements of section 121 (relating to consultation)" Utah's Infrastructure SIP Section I (LegalAuthority) adopts requirements for transportation consultation (Section 174, CleanAirAct) (See I.A.2). SIP Section I was codified at R307-110-2, and EPA approved it most recently onJune 25, 2003 at 68 FR 37744. SIP Section VI (Intergovernmental Cooperation) provides a listing offederal, state, and local agencies involved in protecting air quality in Utah. SIP Section VI was codified at R307-110-7, and EPA approved it most recently on June 25, 2003 at 68 FR 37744. SIP Section XII (Transportation Conformity Consultation) establishes the consultation procedures on transportation conformity issues when preparing state plans. SIP Section XII was codified at R307-110-20, and EPA approved it most recently on September 2, 2008 at 73 FR 51222.


### Section 11 O(a)(2)(J): Public Notification Requirement Summary "meet the applicable requirements of section 127of this title (relating topublic notification)" Utah's Infrastructure SIP Section XVI (Public Notification) includes provisions to notify the public when NAAQS have been exceeded as per Section 127 ofthe CAA. SIP SectionXVI was codified at R307-110-24, and EPA last approved it on June 25, 2003 at 68 FR 37744.


### Section 11O(a)(2)(J): PSD and Visibility Protection Requirement Summary "meet the applicable requirements of
...part C (relating toprevention of significant deterioration of airqualityandvisibilityprotection)" Utah's Infrastructure SIP Section VIII (PSD) 

### describes the program to prevent significant deterioration ofareas ofthe state where the air is clean. SIP Section VIII was codified at R307-110-9 and R307-405, and EPA approved SIP Section VIII and R307-405 most recently on July 15, 2011 at 76 FR 41712. Utah has also submitted further revisions to R307-405 to incorporate the federal Tailoring Rule provisions that were promulgated on June 3, 2010, and EPA has not yet acted on these revisions.
8December 11, 2012



### SIP Section XVII (Visibility Protection) describes the program to protect visibility, especially within the boundaries ofthe five national parks located in Utah. Authority for this section is located in Sections 19-2-101 and 104, UCA. SIP Section XVII was codified at R307-110-25, and EPA approved it most recently onJune 25, 2003 at 68 FR 37744. SIP Section XX (Regional Haze) addresses the requirements in Part C ofthe CAA relating to regional haze. The SIP was based on the recommendations ofthe Grand Canyon Visibility Transport Commission established by Section 169B(f) ofthe CAA. Authority for this section is located in Section 19-2-104, UCA. SIP Section XX was codified at R307-110-28. EPA signed a notice to approve the majority ofUtah's Regional Haze plan in December 2012, buthas not yet published this final action in the FR. In the same action, EPA disapproved the Best Available Retrofit Technology (BART) determinations for NOx and PM for four subject to BART Electric Generating Units (EGUs). UDAQ is currently preparing a new 5-Factor BART analysis for these four EGUs to address the deficiencies identified in EPA disapproval.


### Section 11O(a)(2)(K): Air Quality Modeling or Data Requirement Summary "Each suchplan shall
. ..provide for-- (i) 

### theperformance of such airqualitymodeling as the Administratormayprescribe for thepurpose of predicting the effect on ambientairquality of any emissions of any airpollutant for which theAdministratorhas establisheda national ambient airquality standard, and (ii) the submission, upon request, of data related to such airqualitymodeling to the Administrator. " Utah's Infrastructure Utah Air Quality Rule R307-405-13 incorporates the air quality model provisions of40 CFR 52.21(1), which includes the air quality model requirements ofappendix W of40 CFR part 51. R307-110-9 codifies SIP Section VIII (PSD). EPA approved SIP Section VIII and R307-405 most recently onJuly 15,2011 at 76 FR41712. OnApril14, 2011 Utah submitted revisions to R307-405 to incorporate the federal Tailoring Rule provisions that were promulgated on June 3, 2010. EPA has not yet acted upon this submittal. SIP Section II (Review of New andModifiedAirPollution Sources) provides that new or modified sources ofair pollution must submit plans to the Division ofAir Quality and receive an Approval Orderbefore operating. SIP Section II was codified at R307-110-3, and EPA approved it most recently on June 25, 2003 at 68 FR 37744. R307-410 establishes the procedures and requirements for evaluating the emissions impact of new or modified sources that require an approval order under R307-401. EPA approved R307-410 most recently onJuly 8, 1994 at 59 FR 35036.

9December 11, 2012



### Section 11O{a){2){L): Permitting Fees Requirement Summary "Each suchplan shall require the owneroroperatorof each majorstationary source topay to thepermitting authority, as a condition of anypermit required under this chapter, afee sufficient to cover-- (i) the reasonable costs of reviewing andacting upon anyapplication for such apermit, and (ii) 

## ifthe owneroroperator receives apermit for such source, the reasonable costs of implementing andenforcing the terms andconditions of anysuchpermit (not including any court costs orothercosts associatedwith anyenforcementaction), until suchfee requirement is supersededwith respect to such sources by theAdministrator'sapproval of afeeprogram under subchapter (title) Vof this chapter." Utah's Infrastructure SIP Section I (LegalAuthority) identifies the statutory authority to charge a fee to major sources to coverpermit and enforcement expenses (See I.A.1.h). SIP Section I was codified at R307-10-2, and EPA approved it most recently onJune 25, 2003 at 68 FR 37744. Utah Air QualityRule R307-414, Permits: FeesforApproval Orders, requires the owner and operator ofeach new major source ormajor modification to pay a fee sufficient to coverthe reasonable costs ofreviewing and acting upon the notice ofintent and implementing and enforcing requirements placed on such source by any approval order issued. EPA approved R307-414 most recently onFebruary 14, 2006 at 71 FR 7679. Utah's Title V Operating Permits Program (R307-415) was approved by EPA on June 8, 1995 at 60 FR 30192.


### Section 11O{a){2){M): Consultation or Participation 

### by Affected Local Entities Requirement Summary "Each suchplan shall
...provide for consultation andparticipation bylocalpolitical subdivisions affectedby the plan. " Utah's Infrastructure SIP Section VI (Intergovernmental Cooperation) lists federal, state, and local agencies involved in protecting air quality in Utah. SIP Section VI was codified at R307-110-7, and EPA approved it most recently onJune 25, 2003 at 68 FR 37744. SIP Section XII (Transportation Conformity Consultation) establishes the consultation procedures on transportation conformity issues when preparing state plans. SIP SectionXII was codified at R307-110-2, and EPA approved it most recently on September 2, 2008 at 73 FR 51222. 10