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 of Air 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. 

If you have questions about these demonstrations, please contact Bryce C. 

Bird, Director ofthe Utah Division of Air Quality, at (801) 536-4064. 

Enc: (2) RECEIVED 

U.S. EPA Region 8 

RA'sOffice 

FEB 0 1 2013 

~~~(~~+- Gary R. Herbert 

Governor 
I 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 of Utah 110(a)(2) SIP Infrastructure Elements for Lead I .. .. ....... 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 of the National Ambient Air Quality Standards (NAAQS). These requirements 

are found in Section l10(a)(l)(A) through (M) of the 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. 

2/7/2013 3:27PM 
, 

December 11, 2012 

State of Utah 11 O(a)(2) SIP Infrastructure Elements for Ozone 

Section 110(a){2)(A): Emission Limits and Other Control Measures 

Requirement Summary 

"Each such plan shall . .. include enforceable emission limitations and other control measures, 

means, or techniques (including economic incentives such as fees, marketable permits, and 

auctions of emissions rights), as well as schedules and timetables for compliance, as may be 

necessary or appropriate to meet the applicable requirements of this chapter. " 

Utah's Infrastructure 

SIP Section 1 (Legal Authority) identifies the statutory provisions that allow adoption of 

standards and limitations for attainment and maintenance of national standards. This section of 

the SIP was codified at R307-11 0-2, and EPA approved it most recently on June 25, 2003 at 68 

FR 37744. 

SIP Section II (Review of New and Modified Air Pollution Sources) provides that new or 

modified sources of air pollution must submit plans to the Utah Division of Air 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 permitting program 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 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. 

SIP Section IX Part D (8-Hour Ozone Maintenance Provisions) identifies Control Measures for 

Sources of ozone precursors in the Salt Lake County and Davis County ozone maintenance area. 

This section of the 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 on November 2, 2005 at 

70 FR 66264. On December 5, 2012 the Utah Air Quality Board adopted revisions to the 

1 
December 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 FR 44055. 

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 of Hydrocarbon 

Emissions in Petroleum Refineries. This rule was most recently approved by EPA on 

February 14, 2006 at 71 FR 7679. 

R307-327. Ozone Nonattainment and Maintenance Areas: Petroleum Liquid Storage. 

This rule was most recently 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 FR 7679. 

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 FR 7679. The Utah Air Quality Board adopted a revision to this rule on 

November 7, 2012 expand the current rule to the PM2.5 nonattainment areas and add a 

new section for industrial solvent cleaning performed outside of degreasing tanks. 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 most recently approved by EPA on February 14, 2006 at 71 FR 7679. On 

December 5, 2012 the Utah Air Quality Board replaced this rule that had covered 

numerous categories with new rules for each of the 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 
,. 

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 such plan shall . .. provide for establishment and operation of appropriate devices, 

methods, systems, and procedures necessary to (i) monitor, compile, and analyze data on 

ambient air quality, and (ii) upon request, make such data available to the Administrator. " 

Utah's Infrastructure 

SIP Section IV (Ambient Air Monitoring Program) outlines Utah's air quality surveillance 

network that meets the provisions of 40 CFR Part 58. This section of the 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 58.1 0. The plan is made available 

for public comment and is submitted to EPA by July 1st of each year. DAQ submits data to 

EPA's Air Quality System (AQS) as required by 40 CFR Part 58. 

Section 110(a)(2)(C): Programs for Enforcement, PSD, and NSR 

Requirement Summary 

"Each such plan shall . .. include a program to provide for the enforcement of the measures 

described in subparagraph (A), and regulation of the modification and construction of any 

stationary source within the areas covered by the plan as necessary to assure that national 

ambient air quality standards are achieved, including a permit program as required in parts C 

and D of this subchapter. " 

Utah's Infrastructure 

SIP Section I (Legal Authority) identifies the statutory provisions that allow DAQ to prevent 

construction, modification or operation of any stationary source at any location where emissions 

from such source will prevent the attainment or maintenance of a national standard or interfere 

with prevention of significant 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 and Modified Air Pollution Sources) provides that new or 

modified sources of air pollution must submit plans to the Utah Division of Air 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 

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December 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 11 O(a)(2)(D)(i): Interstate Transport Provisions 

Requirement Summary 

"Each such plan shall ... contain adequate provisions: prohibiting, consistent with the provisions 

of this subchapter, any source or other type of emissions activity within the state from emitting 

any air pollutant in amounts which will contribute 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 interfere with measures required to be included in the 

applicable implementation plan for any other state under part C of this subchapter to prevent 

significant deterioration of air quality to protect visibility. " 

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 of Significant 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 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. 

On November 19, 2012, EPA Assistant Administrator Gina McCarthy issued a memorandum 

titled Next Steps for Pending Redesignation Requests and State Implementation Plan Actions 

Affected by the Recent Court Decision Vacating the 2011 Cross-State Air Pollution 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 2008 ozone standard; and therefore, Utah's infrastructure SIP is 

adequate. 

4 
December 11, 2012 

Section 110(a)(2)(D)(ii): Interstate and International Transport Provisions 

Requirement Summary 

"Each such plan shall . .. contain adequate provisions insuring compliance with the applicable 

requirements of sections 115 or 126 (b) that involve ozone emissions (relating to interstate and 

international pollution abatement)." 

Utah's Infrastructure 

EPA has not identified any sources of ozone precursors in Utah that endanger public health or 

the welfare of a foreign country. Therefore, Utah is not subject to Section 115 of the Clean Air 

Act. 

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. 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 or major modifications of ozone 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 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 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 of Utah's Regional Haze 

plan in December 2012, but has 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 110(a)(2)(E)(i): Adequate Personnel, Funding, and Authority 

Requirement Summary 

"Each such plan shall . .. provide: (i) necessary assurances that the state (or, except where the 

Administrator deems inappropriate, the general purpose local government or governments, or a 

regional agency designated by the state or general purpose local governments for such purpose) 

will have adequate personnel, funding, and authority under state (and, as appropriate, local) law 

to carry out such implementation plan (and is not prohibited by any provision of federal or state 

law from carrying out such implementation plan or portion thereof)" 

5 
December 11, 2012 

Utah's Infrastructure 

SIP Section V (Resources) commits to implement program activities in relation to resources 

provided by the annual State or EPA 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 for Approval Orders, requires the owner and 

operator of each new major source or major modification to pay a fee sufficient to cover the 

reasonable costs of reviewing and acting upon the notice of intent 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 such plan shall . .. provide ... (il) requirements that the state comply with the 

requirements respecting state boards under section 128." 

Utah's Infrastructure 

SIP Section I (Legal Authority) identifies the statutory provisions that implement the provisions 

of Section 128 of the Clean Air Act respecting State Boards (See I.A.l.g). SIP Section I was 

codified at R307-110-2, and EPA approved it most recently 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 such plan shall . .. provide . .. (iil) necessary assurances that, where the state has relied 

on a local or regional government, agency, or instrumentality for the implementation of any plan 

provision, the state has responsibility for ensuring adequate implementation of such plan 

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 on June 25, 2003 at 68 FR 37744. 

6 
December 11, 2012 

Section 11 O(a)(2)(F): Stationary Source Monitoring and Reporting 

Requirement Summary 

"Each such plan shall ... require, as may be prescribed by the Administrator: 

(i) the installation, maintenance, and replacement of equipment, and the implementation of other 

necessary steps, by owners or operators of stationary sources to monitor emissions from such 

sources, 

(ii) periodic reports on the nature and amounts of emissions and emissions-related data from 

such source 

(iii) correlation of such reports by the state agency with any emission limitations or standards 

established pursuant to this chapter, which reports shall be available at reasonable 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 -I 50 requires sources to submit periodic emission inventories for criteria pollutants and 

their precursors and hazardous pollutants. R307 -I 50 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 conduct periodic tests to assure compliance with the emissions 

limitations established in approval orders or the 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 by EPA on September 2, 2008 at 73 FR 5I222. 

SIP Section II (Review of New and Modified Air Pollution Sources) provides that new or 

modified sources of air pollution must submit plans to the Utah Division of Air Quality and 

receive approval orders before operating. SIP Section II was codified at R307 -II 0-3, and EPA 

approved it most recently on June 25, 2003 at 68 FR 37744. The Utah Air Quality Rule R307-

40 I establishes a minor source permitting program in the state for new and modified sources. 

R307 -40 I was most recently approved by EPA on May 5, I995 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-II0-9 and R307-405, and EPA approved it most recently on July I5, 20II at 76 

FR 4I7I2. On April I4, 20 II Utah submitted revisions to R307 -405 to incorporate the federal 

7 
December 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 such plan shall provide for authority comparable to that in section 303 of this title and 

adequate contingency plans to implement such authority. " 

Utah's Infrastructure 

SIP Section I (Legal Authority) identifies the statutory provisions to abate pollutant emissions on 

an emergency basis to prevent substantial endangerment to the health of persons (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 most recently 

on June 25, 2003 at 68 FR 37744. 

SIP Section VII (Prevention of Air Pollution Emergency Episodes) provides the basis for taking 

action to prevent air pollutant concentrations from reaching levels which could endanger the 

public health or to 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 such plan shall ... provide for revision of such plan--

(i) from time to time as may be necessary to take account of revisions of such national primary 

or secondary ambient air quality standard or the availability of 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 

information available to the Administrator that the plan is substantially inadequate to attain the 

national ambient air quality standard which it implements or to otherwise comply with any 

additional requirements established under this chapter (CAA)." 

Utah's Infrastructure 

SIP Section I (Legal Authority) identifies the statutory provisions that allow the Utah Division of 

Air Quality to revise its plans to take account of revisions of national ambient air quality 

standard and to adopt expeditious methods of attaining 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 on June 25, 2003 at 68 FR 37744. 

8 
December 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 (Legal Authority) adopts requirements for transportation consultation (Section 174, 

Clean Air Act) (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 of 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 R307-110-20, 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 127 of this title (relating to public notification)" 

Utah's Infrastructure 

SIP Section XVI (Public Notification) includes provisions to notify the public when NAAQS 

have been exceeded as per Section 127 of the 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 to prevention of significant 

deterioration of air quality and visibility protection)" 

Utah's Infrastructure 

SIP Section VIII (PSD) describes the program to prevent significant deterioration of areas of the 

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. 

9 
December 11, 2012 

SIP Section XVII (Visibility Protection) describes the program to protect visibility, especially 

within the boundaries of the 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 on June 25, 2003 at 68 FR 37744. 

SIP Section XX (Regional Haze) addresses the requirements in Part C of the CAA relating to 

regional haze. The SIP was based on the recommendations of the Grand Canyon Visibility 

Transport Commission established by Section 169B(f) of the 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 of Utah's Regional Haze plan in December 2012, but has 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 110(a)(2)(K): Air Quality Modeling or Data 

Requirement Summary 

"Each such plan shall . .. provide for-- (i) the performance of such air quality modeling as the 

Administrator may prescribe for the purpose of predicting the effect on ambient air quality of 

any emissions of any air pollutant for which the Administrator has established a national 

ambient air quality standard, 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 air quality model provisions of 40 CFR 

52.21 (l), which includes the air quality model requirements of appendix W of 40 CFR part 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 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. 

SIP Section II (Review of New and Modified Air Pollution Sources) provides that new or 

modified sources of air pollution must submit plans to the Division of Air Quality and receive an 

Approval Order before 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-

41 0 most recently on July 8, 1994 at 59 FR 35036. 

10 
, .. 

December 11, 2012 

Section 11 O(a)(2)(L): Permitting Fees 

Requirement Summary 

"Each such plan shall require the owner or operator of each major stationary source to pay to 

the permitting authority, as a condition of any permit required under this chapter, a fee sufficient 

to cover--

(i) the reasonable costs of reviewing and acting upon any application for such a permit, 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 foe requirement is 

superseded with respect to such sources by the Administrator's approval of a fee program under 

subchapter (title) V of this chapter." 

Utah's Infrastructure 

SIP Section I (Legal Authority) identifies the statutory authority to charge a fee to major sources 

to cover permit and enforcement expenses (See I.A.1.h). SIP Section I was codified at R307 -10-

2, and EPA approved it most recently on June 25,2003 at 68 FR 37744. 

Utah Air Quality Rule R307-414, Permits: Fees for Approval Orders, requires the owner and 

operator of each new major source or major modification to pay a fee sufficient to cover the 

reasonable costs of reviewing and acting upon the notice of intent 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 by EPA on June 8, 1995 at 

60 FR 30192. 

Section 110(a)(2)(M): Consultation or Participation by Affected Local 

Entities 

Requirement Summary 

"Each such plan shall ... provide for consultation and participation by local political 

subdivisions affected by 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 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. 

11 
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AS NEWSPAPER AGENCY COMPANY. LLC dba MEDIAONE OF UTAH LEGAL BOOKER. I CERTIFY THAT THE ATTACHED ADVERTISEMENT OF lltah 

Division of Air Quality Notice of Infrastructure SIPs The Clean Air Act (CAA) directs states to address basic air quality management infrastructure 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 INDEFINATEL Y. 

PUBLISHED ON Stm1 12/18/2012 End 01102/2013 

SIGNATURE 

DATE 

1/2/2013 

State of Utah 

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 of Air 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 of California ordered EPA to issue a finding of 

failure to submit i-SIPs for the 2008 Ozone Standard by January 4, 20 I3. On a recent national phone call, 

EPA notified the states of this 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 of the 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 II O(a)(l) of the Clean Air Act that "each State shall, after reasonable 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 of a 

National Primary Ambient Air Quality Standard (or any revision thereof) under section I 09 for any air 

pollutant, a plan which provides for implementation, maintenance, and enforcement of such 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 I 00% recycled paper 
DAQP-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 of Air 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) ofthe NAAQS for the 2008 ozone NAAQS. Therefore, EPA should remove Utah 

from the list of states that will receive a finding of failure to submit an i-SIP for the 2008 ozone NAAQS. 

If you 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 11 O{a){2) SIP Infrastructure Elements for N02 

Section 11 O(a)(2)(A): Emission Limits and Other Control Measures 

Requirement Summary 

"Each such plan shall . .. include enforceable emission limitations and other control measures, 

means, or techniques (including economic incentives such as fees, marketable permits, and 

auctions of emissions rights), as well as schedules and timetables for compliance, as may be 

necessary or appropriate to meet the applicable requirements of this chapter. " 

Utah's Infrastructure 

SIP Section 1 (Legal Authority) identifies the statutory provisions that allow adoption of 

standards and limitations for attainment and maintenance of national 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 Measures for Area and Point Sources: Nitrogen Dioxide) 

identifies Control Measures for Sources of nitrogen dioxide (N02). This section of the 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 PartE was 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 and Modified Air Pollution Sources) provides that new or 

modified sources of air pollution must submit plans to the Utah Division of Air 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 permitting program in the state for new and modified 

sources, and 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. 

Section 11 O(a)(2)(B): Ambient Air Quality Monitoring or Data System 

Requirement Summary 

"Each such plan shall . .. provide for establishment and operation of appropriate devices, 

methods, systems, and procedures necessary to ( i) monitor, compile, and analyze data on 

ambient air quality, and (ii) upon request, make such data available to the Administrator." 

1 
December 11, 2012 

Utah's Infrastructure 

SIP Section IV (Ambient Air Monitoring Program) outlines Utah's air quality surveillance 

network that meets the provisions of 40 CFR Part 58. This section of the 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 by July 1st of each year. DAQ submits data to 

EPA's Air Quality System (AQS) as required by 40 CFR Part 58. 

On January 22, 2010 EPA strengthened the NAAQS for N02. All sites in Utah are monitoring 

attainment of the revised standard. EPA also modified the monitoring requirements 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 originally required 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 by the rule. Phase 2 sites are required to be operational by 2017 and 

will be addressed through the annual network review process. 

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

Requirement Summary 

"Each such plan shall . .. include a program to provide for the enforcement of the measures 

described in subparagraph (A), and regulation of the modification and construction of any 

stationary source within the areas covered by the plan as necessary to assure that national 

ambient air quality standards are achieved, including a pennit program as required in parts C 

and D of this subchapter. " 

Utah's Infrastructure 

SIP Section I (Legal Authority) identifies the statutory provisions that allow DAQ to prevent 

construction, modification or operation of any stationary source at any location where emissions 

from such source will prevent the attainment or maintenance of a national standard or interfere 

with prevention of significant deterioration requirements (See I.A.l.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 and Modified Air Pollution Sources) provides that new or 

modified sources of air pollution must submit plans to the Utah Division of Air 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 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. 

2 
December 11, 2012 

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 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 11 O(a)(2)(D)(i): Interstate Transport Provisions 

Requirement Summary 

"Each such plan shall ... contain adequate provisions: prohibiting, consistent with the provisions 

of this subchapter, any source or other type of emissions activity within the state from emitting 

any air pollutant in amounts which will contribute significantly to nonattainment in, or inteifere 

with maintenance by, any other state with respect to any such national primary or secondary 

ambient air quality standard, or inteifere with measures required to be included in the 

applicable implementation plan for any other state under part C of this subchapter to prevent 

significant deterioration of air quality to protect visibility. " 

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 of Significant 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 

titled Next Steps for Pending Redesignation Requests and State Implementation Plan Actions 

Affected by the Recent Court Decision Vacating the 2011 Cross-State Air Pollution 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. 

3 
December 11, 2012 

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

Requirement Summary 

"Each such plan shall . .. contain adequate provisions insuring compliance with the applicable 

requirements of sections 115 or 126 (b) that involve N02 emissions (relating to interstate and 

international pollution abatement)." 

Utah's Infrastructure 

EPA has not identified any N02 sources in Utah that endanger public health or the welfare of a 

foreign country. Therefore, Utah is not subject to Section 115 of the Clean Air Act. 

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. 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 or major 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 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 of the 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 of Utah's Regional Haze 

plan in December 2012, but has 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 11 O(a)(2)(E)(i): Adequate Personnel, Funding, and Authority 

Requirement Summary 

"Each such plan shall ... provide: (i) necessary assurances that the state (or, except where the 

Administrator deems inappropriate, the general purpose local government or governments, or a 

regional agency designated by the state or general purpose local governments for such purpose) 

will have adequate personnel, funding, and authority under state (and, as appropriate, local) law 

to carry out such implementation plan (and is not prohibited by any provision of federal or state 

law from carrying out such implementation plan or portion thereof)" 

4 
December 11, 2012 

Utah's Infrastructure 

SIP Section V (Resources) commits to implement program activities in relation to resources 

provided by the annual State or EPA 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 for Approval Orders, requires the owner and 

operator of each new major source or major modification to pay a fee sufficient to cover the 

reasonable costs of reviewing and acting upon the notice of intent and implementing and 

enforcing requirements placed on such source by any approval order issued. 

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

Requirement Summary 

"Each such plan shall . .. provide ... (ii) requirements that the state comply with the 

requirements respecting state boards under section 128." 

Utah's Infrastructure 

SIP Section I (Legal Authority) identifies the statutory provisions that implement the provisions 

of Section 128 of the Clean Air Act 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 3 77 44. 

Authority for SIP Section I is located at Section 19-2-104, UCA. 

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

Requirement Summary 

"Each such plan shall . .. provide . .. (iii) necessary assurances that, where the state has relied 

on a local or regional government, agency, or instrumentality for the implementation of any plan 

provision, the state has responsibility for ensuring adequate implementation of such plan 

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 on June 25, 2003 at 68 FR 37744. 

5 
December 11, 2012 

Section 11 O(a)(2)(F): Stationary Source Monitoring and Reporting 

Requirement Summary 

"Each such plan shall . .. require, as may be prescribed by the Administrator: 

( i) the installation, maintenance, and replacement of equipment, and the implementation of other 

necessary steps, by owners or operators of stationary sources to monitor emissions from such 

sources, 

(ii) periodic reports on the nature and amounts of emissions and emissions-related data from 

such source 

(iii) correlation of such reports by the state agency with any emission limitations or standards 

established pursuant to this chapter, which reports shall be available at reasonable 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 

R307-110-4, and EPA approved it most recently on June 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 by EPA 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 of these submittals. 

R307-165 requires sources to conduct periodic tests to assure compliance with the emissions 

limitations established in approval orders or the 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 and Modified Air Pollution Sources) provides that new or 

modified sources of air pollution must submit plans to the Utah Division of Air Quality and 

receive approval orders before operating. SIP Section II was codified at R307-110-3, and EPA 

approved it most recently on June 25, 2003 at 68 FR 37744. The Utah Air Quality Rule 

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 April14, 2011 Utah submitted revisions to R307-405 to incorporate the federal 

6 
December 11, 2012 

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

this submittal. 

Section 11 O(a)(2)(G): Emergency Episodes 

Requirement Summary 

"Each such plan shall provide for authority comparable to that in section 303 of this title and 

adequate contingency plans to implement such authority. " 

Utah's Infrastructure 

SIP Section I (Legal Authority) identifies the statutory provisions to abate pollutant emissions on 

an emergency basis to prevent substantial endangerment to the health of persons (See I.A.l.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 most recently 

on June 25, 2003 at 68 FR 37744. 

SIP Section VII (Prevention of Air Pollution Emergency Episodes) provides the basis for taking 

action to prevent air pollutant concentrations from reaching levels which could endanger the 

public health or to 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 11 O(a)(2)(H): Future SIP revisions 

Requirement Summary 

"Each such plan shall ... provide for revision of such plan--

( i) from time to time as may be necessary to take account of revisions of such national primary 

or secondary ambient air quality standard or the availability of 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 

information available to the Administrator that the plan is substantially inadequate to attain the 

national ambient air quality standard which it implements or to otherwise comply with any 

additional requirements established under this chapter (CAA)." 

Utah's Infrastructure 

SIP Section I (Legal Authority) identifies the statutory provisions that allow the Utah Division of 

Air Quality to revise its plans to take account of revisions of national ambient air quality 

standard and to adopt expeditious methods of attaining 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 on June 25, 2003 at 68 FR 37744. 

7 
December 11, 2012 

Section 11 O(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 (Legal Authority) adopts requirements for transportation consultation (Section 174, 

Clean Air Act) (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 of 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 R307-110-20, 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 127 of this title (relating to public notification)" 

Utah's Infrastructure 

SIP Section XVI (Public Notification) includes provisions to notify the public when NAAQS 

have been exceeded as per Section 127 of the CAA. SIP Section XVI was codified at 

R307-110-24, and EPA last approved it on June 25, 2003 at 68 FR 37744. 

Section 11 O(a)(2)(J): PSD and Visibility Protection 

Requirement Summary 

"meet the applicable requirements of ... part C (relating to prevention of significant 

deterioration of air quality and visibility protection)" 

Utah's Infrastructure 

SIP Section VIII (PSD) describes the program to prevent significant deterioration of areas of the 

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. 

8 
December 11, 2012 

SIP Section XVII (Visibility Protection) describes the program to protect visibility, especially 

within the boundaries of the 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 on June 25, 2003 at 68 FR 37744. 

SIP Section XX (Regional Haze) addresses the requirements in Part C of the CAA relating to 

regional haze. The SIP was based on the recommendations of the Grand Canyon Visibility 

Transport Commission established by Section 169B(f) of the 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 of Utah's Regional Haze plan in December 2012, but has 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 11 O(a)(2)(K): Air Quality Modeling or Data 

Requirement Summary 

"Each such plan shall . .. provide for-- ( i) the performance of such air quality modeling as the 

Administrator may prescribe for the purpose of predicting the effect on ambient air quality of 

any emissions of any air pollutant for which the Administrator has established a national 

ambient air quality standard, 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 air quality model provisions of 40 CFR 

52.21(1), which includes the air quality model requirements of appendix W of 40 CFR part 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 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. 

SIP Section II (Review of New and Modified Air Pollution Sources) provides that new or 

modified sources of air pollution must submit plans to the Division of Air Quality and receive an 

Approval Order before 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 on July 8, 1994 at 59 FR 35036. 

9 
December 11, 2012 

Section 11 O{a){2){L): Permitting Fees 

Requirement Summary 

"Each such plan shall require the owner or operator of each major stationary source to pay to 

the permitting authority, as a condition of any permit required under this chapter, a fee sufficient 

to cover--

( i) the reasonable costs of reviewing and acting upon any application for such a permit, 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 by the Administrator's approval of a fee program under 

subchapter (title) V of this chapter." 

Utah's Infrastructure 

SIP Section I (Legal Authority) identifies the statutory authority to charge a fee to major sources 

to cover permit and enforcement expenses (See I.A.1.h). SIP Section I was codified at 

R307-10-2, and EPA approved it most recently on June 25, 2003 at 68 FR 37744. 

Utah Air Quality Rule R307-414, Permits: Fees for Approval Orders, requires the owner and 

operator of each new major source or major modification to pay a fee sufficient to cover the 

reasonable costs of reviewing and acting upon the notice of intent 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 by EPA on June 8, 1995 at 

60 FR 30192. 

Section 11 O{a){2){M): Consultation or Participation by Affected Local 

Entities 

Requirement Summary 

"Each such plan shall ... provide for consultation and participation by local political 

subdivisions affected by 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 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. 

10