STATE OF UTAH
 

JON M. HUNTSMAN, JR. OFFICE OF THE GOVERNOR GARY R. HERBERT 

GOVERNOR SALT LAKE CITY, UTAH LIEUTENANT GOVERNOR 

84114-2220 

December 3,2007 

Robbie E. Roberts, 

Regional Administrator 

EPA Region VIII 

1595 Wynkoop Street 

Denver, CO 80202 

Dear Mr. Roberts: 

On July 18, 1997, EPA promulgated m:w and revised National Ambient Air Quality Standards (NAAQS) for 

particulate matter and ozone. Under sections 11 O(a)(1) and (2) of the Clean Air Act (the Act), all states are required 

to submit plans that provide for implementation, maintenance, and enforcement of the particulate matter and 8-hour 

ozone standards. In particular, sections IIO(a)(1) and (2) require states to address basic SIP requirements, including 

emission inventories, monitoring, and modeling to assure attainment and maintenance of the standards. 

In the case of particulate matter (PMIO and PM15), Utah certified in a letter dated March 27, 1998 that its SIP 

was reviewed with regard to Section 110 of the Act and that no revisions or additions were necessary to accommodate 

the revised PM standards. 

In the case of ozone, Utah submitted an updated 8-hour ozone maintenance plan for Salt Lake and Davis 

Counties on March 30, 2007. This plan certified that all required SIP elements listed under section IIO(a)(1) and (2) 

were contained in the SIP. 

On October 2, 2007, EPA issued further guidance on the "procedural, timing, and infrastructure" elements 

required for SIPs under section 110(a)(1) and (2) of the Act. It included an attachment that listed all the elements that 

must be contained in an SIP. Utah has once again reviewed its SIP, and herein certifies that all the elements identitled 

in the October 2,2007 guidance are included in our current SIP and are compatible with the current NAAQS for 

ozone and particulate matter. 

Also included in the guidance memorandum dated October 2,2007 was a discussion of the section 

110(a)(2)(G) requircmcrlt pcrt~in]ng ~o Ernerg:ncy Epl~adc Plan piovisions. The discussion indicated t!;';lt EP4 J\.. !S 

currently intending to take action to revise 40 CFR, Part 51, subpart H (section 51.150) to establish priority 

classifications which will determine the Emergency Episode Plan requirements for each area and establish a 

significant harm level (SHL) for PM1.

5• Utah will take appropriate action to amend our Emergency Episode Plan as 

soon as EPA revisions are promulgated. 

Any questions your agency may have concerning this submittal may be directed to Ms. Cheryl Heying, 

Director, Utah Division of Air Quality at (801)536-4022. Thank you. 

;n"re;.~.
 RECEIVED
 JIlL. Huntsman, Jr. 

ovemor DEC 10 200t 

USEPA~S OFFICE
 

C.C: ~; 7~(~ ~. ~I1IIJ/~1
SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST
 

SIP Submitted by: 

Date Submitted: 

Subject: Confirmation of llO(a)(2)(A)-(M) PM2.5 NAAQS Requirements in the SIP 

110(a)(2)(A)-(M) Requirements Checklist 

Section 110(a) element Summary of element How Addressed in State SIP Where codified/approved by EPA 

§110(a)(2)(A) 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 ofthis Act. 

SIP Section I (Legal Authority).A.l.a, 

allows adoption of Standards and limits for 

attainment and maintainence of national 

Standards. (19-2-104 and 109, Utah Code 

Annotated 1953 (UCA) ) 

Codified at R307-110-2/ EPA 

approved this SIP originally in the 

early 1980's and most recently on June 

25,2003 at 68 FR 37744. 

§llO(a)(2)(B) provide for establishment and 

operation ofappropriate devices, 

methods, systems, andprocedures 

necessary to monitor, compile, and 

analyze data on ambient air quality, 

and upon request, make such data 

available to the Administrator; 

SIP Section IV (Ambient Air Monitoring 

Program) provides a brief description of the 

purposes of the air monitoring program. 

Codified at R307-11O-5/ EPA 

approved this SIP originally in the 

early 1980's and most recently on June 

25,2003 at 68 FR 37744. 

§110(a)(2)(C) include a program to provide for the 

enforcement ofthe 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, 

- SIP Section I (Legal AUlhority).A.l.b, 

allows for enforcement of applicable laws, 

regulations and standards and seek 

injunctive relief. (Sections 19-2-104 and 

19-2-115, UCA) 

- SIP Section I (Legal Authority).A.l.d, 

provides authority to prevent construction, 

Codified at R307-11O-2/ EPA 

approved this SIP originally in the 

early 1980's and most recently on June 

25,2003 at 68 FR 37744. 

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including a permit program as modification or operation of any stationary 

required in parts C and D; 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. 

(Authority Utah Code Section 19-2-108) 

§110(a)(2)(D) contain adequate provisions­

(i) prohibiting, consistent with the 

provisions ofthis title, any source or 

other type ofemissions activity within 

the state from emitting any air 

pollutant in amounts which will-­

(I) 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 

(II) interfere with measures 

required to be included in the 

applicable implementation plan for 

any other State under part C to prevent 

significant deterioration ofair quality 

or to protect visibility, 

(ii) insuring compliance with the 

applicable requirements ofsections 

126 and 115 (relating to interstate and 

international pollution abatement); 

SIP Section XXIII (Interstate Transport) 

This SIP was written to satisfy the 

requirements of section 11 0(a)(2)(D)(i) of 

the clean air act for the new NAAQS for 

PM2.5 and 8-hour ozone were promulgated 

in 1997. 

Codified at R307-1lO-361 This SIP 

was submitted to EPA on March 28, 

2007, but EPA has yet to approve it. 

§110(a)(2)(E)(i) provide 

(i) necessary assurances that the 

state (or, except where the 

Administrator deems inappropriate, 

SIP Section V (Resources) provides the 

Division of Air Quality commits to program 

activities in relation to resources provided 

by the annual State/EPA Agreement and 

Codified at R307-110-61 EPA 

approved this SIP originally in the 

early 1980's and most recently on June 

25,2003 at 68 FR 37744. 

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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 

offederal or state law from carrying 

out such implementation plan or 

portion thereof); 

105 grant applications. The StatefEPA 

Agreement and 105 grant applications. 

§11O(a)(2)(E)(ii) (ii) requirements that the state comply 

with the requirements respecting state 

boards under section 128, and 

SIP Section I (Legal Authority).A.1.g., 

recognizes the requirement that the State 

comply with provisions of the Clean Air 

Act (Section 128) respecting State Boards. 

(Sections 19-2-104 UCA) 

Codified at R307-110-2/ EPA 

approved this SIP originally in the 

early 1980's and most recently on June 

25,2003 at 68 FR 37744. 

§11O(a)(2)(E)(iii) (iii) necessary assurances that, where 

the state has relied on a local or 

regional government, agency, or 

instrumentality for the implementation 

ofany plan provision, the state has 

responsibility for ensuring adequate 

implementation ofsuch plan provision; 

Section 41-6a-1642 provides the counties 

the authority to run their own emissions 

inspection and maintenance program, and 

Subsection 41-6a-1642 (2) (b)(i) requires 

the counties emissions inspection and 

maintenance program to be made to attain 

or maintain ambient air quality standards in 

the county, consistent with the state 

implementation plan and federal 

requirements. Section X of the SIP outlines 

the specific requirements of the automotive 

inspection and maintenance program. 

Codified at R307-11 0-31/EPA 

approved this SIP section on 

November 2,2005 at 70 FR 66264. 

Codified at R307-32/ EPA approved 

this SIP section on July 17, 1997 at 62 

FR 38213. 

Codified at R307-33/ EPA approved 

.this SIP section on August 1, 2005 at 

70 FR 44055. 

Codified at R307-34/ EPA approved 

this SIP section on November 2, 2005 

at 70 FR 66264. 

Codified at R307-35/ EPA approved 

this SIP section on September 14, 

2005 at 70 FR 54267. 

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§110(a)(2)(F) require, as may be prescribed by the 

Administrator­

(i) the installation, maintenance, and 

replacement ofequipment, and the 

implementation ofother necessary 

steps by owners or operators of 

stationary sources to monitor 

emissions from such sources, 

(ii) periodic reports on the nature 

and amounts ofemissions and 

emissions-related data from such 

sources, and 

(iii) correlation ofsuch reports by 

the state agency with any emission 

limitations or standards established 

pursuant to this Act, which reports 

shall be available at reasonable times 

for public inspection; 

- SIP Section I (Legal Authority).A.I.f., 

requires owners or operators of stationary 

sources to install, maintain and use 

emission monitoring devices; and to make 

periodic reports to the State Department of 

Environmental Quality on the nature and 

amounts of emissions from such sources. 

The State Department of Environmental 

Quality will make such data available to the 

public as reported and as correlated with 

any applicable emission standards or 

limitations. (Sections 19-2-104, DCA) 

-SIP Section III (Source Surveillance) 

includes inventory requirements, stack 

testing, and plant inspections (Sections 19­

2-107 and 19-2-] 08, DCA, allow inspection 

of air pollution sources) 

- Codified at R307-11O-2/ EPA 

approved this SIP originally in the 

early 1980's and most recently on June 

25,2003 at 68 FR 37744. 

- Codified at R307-110-4/ EPA 

approved this SIP originally in the 

early 1980's and most recently on June 

25,2003 at 68 FR 37744. 

§110(a)(2)(G) provide for authority comparable to 

that in section 303 and adequate 

contingency plans to implement such 

authority; 

SIP Section I (Legal Authority).A.I.c, 

provides authority to abate pollutant 

emissions on an emergency basis to 

prevent substantial endangerment to the 

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

- More details at can be found in SIP 

Section VII (Prevention ofAir Pollution 

Emergency Episodes) (Section 19-2-112, 

DCA) 

- Codified at R307-110-2/ EPA 

approved this SIP originally in the 

early 1980's and most recently on June 

25,2003 at 68 FR 37744. 

- Codified at R3 07-110-8/ EPA 

approved this SIP originally in the 

early 1980's and most recently on June 

25,2003 at 68 FR 37744. 

§110(a)(2)(H) provide for revision ofsuch plan­

(i) from time to time as may be 

necessary to take account of 

revisions ofsuch national primary or 

secondary ambient air quality 

SIP Section I (Legal Authority).A.I.a., 

provides the ability for DDAQ to revises its 

plans to take account of revisions of 

national ambient air quality standard and to 

adopt expeditious methods of attaining and 

Codified at R307-110-2/ EPA 

approved this SIP originally in the 

early 1980's and most recently on June 

25,2003 at 68 FR 37744. 

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standard or the availability of 

improved or more expeditious 

maintaining such standard. l 

methods ofattaining such standard, 

and 

(ii) except as provided in 

paragraph (3)(C), whenever the 

Administratorfinds 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 Act; 

§110(a)(2)(I) in the case ofa plan or plan revision 

for an area designated as a 

nonattainment area, meet the 

applicable requirements ofpart D 

(relating to nonattainment areas); 

. 

SIP Section I (Legal Authority).A.1.a, 

adopts measures to attainment and 

maintenance of national standards. 

SIP Section I (Legal Authority).A.1.b: 

Construction pennits of Part D 

Codified at R307-110-2/ EPA 

approved this SIP originally in the 

early 1980's and most recently on June 

25,2003 at 68 FR 37744. 

§110(a)(2)(J) 

(§ 121 

consultation) 

meet the applicable requirements of 

section 121 (relating to consultation), 

... 

- SIP Section I (Legal Authority).A.2: 

adopts requirements for transportation 

consultation(Section 174, Clean Air Act) 

Codified at R307-110-2/ EPA 

approved this SIP originally in the 

early 1980's and most recently on June 

25,2003 at 68 FR 37744. 

- SIP Section VI (Intergovernmental 

Cooperation), provides a brief listing of 

federal, state, and local agencies involved in 

protecting air quality in Utah. 

Codified at R307-11O-7/ EPA 

approved this SIP originally in the 

early 1980's and most recently on June 

25,2003 at 68 FR 37744. 

Codified at R307-110-20/ EPA 

approved SIP Section XII 

Involvement, but it has been 

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-SIP Section XII (Transportation 

Conformity Consultation), establishes the 

consultation procedures on transportation 

conformity issues when preparing state 

plans. 

superseded by SIP Section XII 

Transportation Conformity 

Consultation, which was submitted to 

EPA on June 26, 2007, but EPA has 

not approved this SIP. 

§1l0(a)(2)(J) meet the applicable requirements of SIP Section XVI (Public Notification) Codified at R307-110-24/ EPA 

(Section 127 public section 127 ofthis title (relating to adopts the requirments to notify the public approved this SIP originally in the 

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

section 127. 

early 1980's and most recently on June 

25,2003 at 68 FR 37744. 

§1l0(a)(2)(J) meet the applicable requirements of... -SIP Section VIII (PSD) describes the - Codified at R307-110-91 EPA 

(PSD) part C (relating to prevention of 

significant deterioration ofair quality 

and visibility protection); 

program to prevent significant deterioration 

of areas ofthe state where the air is clean. 

approved SIP Section VIII PSD, but it 

has been updated and superseded by a 

new SIP Section VIII PSD, which was 

submitted to EPA on September 15, 

2006. 

-SIP Section XVII (Visibility Protection) 

describes the program to protect visibility, 

especially within the boundaries ofthe five 

national parks located in Utah. (Sections 

19-2-101 and 104, UCA) 

- Codified at R307-11O-25/ EPA 

approved this SIP in April 1997 and 

most recently on June 25, 2003 at 68 

FR 37744. 

§110(a)(2)(K) provide for: 

(i) the performance ofsuch air 

quality modeling as the Administrator 

may prescribe for the purpose of 

SIP Section II (Review ofNew and Modified 

Air Pollution Sources), provides for new or 

modified sources of air pollution must 

submit plans to the Division of Air Quality 

Codified at R307-110-3/ EPA 

approved this SIP originally in the 

early 1980's and most recently on June 

25,2003 at 68 FR 37744. 

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predicting the effect on ambient air 

quality ofany emissions ofany air 

pollutantfor 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; 

and receive an Approval Order before 

operating. (Section 19-2-104, UCA) 

§110(a)(2)(L) require the owner or operator ofeach 

major stationary source to pay to the 

permitting authority, as a condition of 

any permit required under this Act, a 

fee sufficient to cover­

(i) the reasonable costs ofreviewing 

and acting upon any application for 

such a permit, and 

(ii) ifthe owner or operator receives 

a permitfor such source, the 

reasonable costs ofimplementing 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 ofa fee 

program under title V; 

SIP Section I (Legal Authority).A.l.h: 

authorizes a fee to major sources to cover 

permit and enforcement expenses. 

Codified at R307-11O-2/ EPA 

approved this SIP originally in the 

early 1980's and most recently on June 

25,2003 at 68 FR 37744. 

§110(a)(2)(M) provide for consultation and 

participation by local political 

subdivisions affected by the plan. 

SIP Section VI (Intergovernmental 

Cooperation) lists federal, state, and local 

agencies involved in protecting air quality 

in Utah. 

Codified at R307-110-7/ EPA 

approved this SIP originally in the 

early 1980's and most recently on June 

25, 2003 at 68 FR 37744. 

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c 

c 

SIP Section XII (Transportation Codified at R307-110-20/ EPA 

Conformity Consultation) establishes the approved SIP Section XII 

consultation procedures on transportation Involvement, but it has been 

conformity issues when preparing state superseded by SIP Section XII 

plans. Transportation Conformity 

Consultation, which was submitted to 

EPA on June 26, 2007, but EPA has 

not approved this SIP. 

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

llO(a)(2)(J) §110(a)(2)(J) meet the applicable - SIP Section I (Legal Authority).A.l.d.: - Codified at R307-11O-2/ EPA 

requirements of... part C (relating to provides authority to prevent construction, approved this SIP originally in the 

prevention ofsignificant deterioration modification or operation of any stationary early 1980's and most recently on June 

ofair quality and visibility protection); source at any location where emissions 25,2003 at 68 FR 37744. 

from such source will prevent the 

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

modification and construction ofany standard or interfere with prevention of 

stationary source within the areas 

covered by the plan as necessary to 

significant deterioration requirements. 

(Authority Utah Code Section 19-2-108) - Codified at R307-11O-9/ EPA 

approved SIP Section VIII PSD, but it 

assure that national ambient air has been updated and superseded by a 

quality standards are achieved, new SIP Section VIII PSD, which was 

including a permit program as submitted to EPA on September 15, required in parts C and D; 2006. 

40 CFR 51.166: Amend PSD 

regulations as required by the 

November 29, 2005 final rule (70 FR 

- SIP Section VIII (PSD), describes the 

program to prevent significant deterioration 

of areas of the state where the air is clean. - Codified at R307-11O-25/ EPA 

approved this SIP in April 1997 and 

n~2~n@~nro~.&ea~ro most recently on June 25, 2003 at 68 

FR 71671-71684. FR 37744. 

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- SIP Section XVII (Visibility Protection) 

describes the program to protect visibility, 

especially within the boundaries of the five 

national parks located in Utah. (Sections 

19-2-101 and 104, UCA) 

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