## 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) ofthe Clean Air Act (the Act), all states are required
to submit plans that provide for implementation, maintenance, and enforcement ofthe 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 ofthe standards.

In the case ofparticulate matter (PM IO and PM15), Utah certified in a letter dated March 27, 1998 that its SIP

was reviewed with regard to Section 110 ofthe Act and that no revisions or additions were necessary to accommodate the revised PM standards.

In the case ofozone, 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) ofthe 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 ofthe section 110(a)(2)(G) requircmcrlt**pcrt~in]ng ~o**  Ernerg:ncy**Epl~adc** Plan piovisions. The discussion indicated t!;';lt EP

4J\

.. !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 ofAir 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 ofllO(a)(2)(A)-(M) PM2.5 NAAQS Requirements in the SIP

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

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

### §110(a)(2)(A) include enforceable emission limitations andother control measures, means, or techniques (including economic incentives such asfees, marketablepermits, andauctions of emissions rights), as well as schedules andtimetables for compliance as may be necessary or appropriate to meet the applicable requirements of thisAct. SIP Section I (LegalAuthority).A.l.a, allows adoption ofStandards and limits for attainment and maintainence ofnational 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 onJune 25,2003 at 68 FR 37744.



### §llO(a)(2)(B) provide for establishment and operation of appropriate devices, methods, systems, andprocedures
necessary to monitor, compile, and analyze data on ambient air quality, and upon request, make such data available to theAdministrator; SIP Section IV (AmbientAirMonitoring Program) provides a briefdescription ofthe purposes ofthe air monitoring program. Codified at R307-11O-5/ EPA approved this SIP originally in the early 1980's and most recently onJune 25,2003 at 68 FR 37744.



### §110(a)(2)(C) include aprogram toprovidefor the enforcement of the measures described in subparagraph (A) andregulation 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, - SIP Section I (LegalAUlhority).A.l.b, allows for enforcement ofapplicable laws, regulations and standards and seek injunctive relief. (Sections 19-2-104 and 19-2-115, UCA)

- SIP Section I (LegalAuthority).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 onJune 25,2003 at 68 FR 37744.

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# • including apermitprogram as modification or operation ofany stationary required inparts C andD; source at any location where emissions from such source will prevent the attainment or maintenance ofa national standard or interfere with prevention of significant deterioration requirements. (Authority Utah Code Section 19-2-108) §110(a)(2)(D) contain adequateprovisions­ (i)prohibiting, consistent with the provisions of this title, anysource or other type of emissions activity within the statefrom emittinganyair pollutant in amounts which will-­ (I) contribute significantly to nonattainment in, or interfere with maintenance by, any other state with respect to any such nationalprimary

orsecondary ambient air quality standard, or (II) interfere with measures required to be included in the applicable implementationplan for
any other State underpart C toprevent significant deterioration of air quality

or toprotect visibility,

(ii) insuring compliance with the applicable requirements of sections 126and 

### 115 (relating to interstate and internationalpollution abatement); SIP Section XXIII (Interstate Transport) This SIP was written to satisfy the requirements ofsection 110(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 ofAir 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 FR37744.

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orgovernments, ora regional agency designated by the state orgeneral
purpose localgovernments for such purpose) will have adequatepersonnel, funding, andauthority under state (and, as appropriate, local) law to carry out such implementationplan (and is notprohibitedby anyprovision of

federal or state lawfrom carrying
outsuch implementationplan 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 (LegalAuthority).A.1.g., recognizes the requirement that the State comply with provisions ofthe 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 reliedon a local or regionalgovernment, agency, or instrumentality for the implementation of anyplanprovision, the state has responsibility for ensuring adequate implementation of suchplanprovision; 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 ofthe SIP outlines the specific requirements ofthe automotive inspection and maintenance program. Codified at R307-110-31/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 beprescribedby the Administrator­ (i) the installation, maintenance, and replacement of equipment, andthe implementation of other necessary steps by owners or operators of stationary sources to monitor emissions from such sources, (ii) periodic reports on the nature andamounts of emissions and emissions-relateddata from such
sources, and

(iii) correlation of such reports by the state agency with any emission limitations or standards established pursuant to thisAct, which reports shall be available at reasonable times forpublic inspection; - SIP Section I (LegalAuthority).A.I.f., requires owners or operators ofstationary

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 ofemissions from such sources. The State Department ofEnvironmental 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 ofair pollution sources) - Codified at R307-11O-2/ EPA approved this SIP originally in the early 1980's and most recently onJune 25,2003 at 68 FR 37744.

- Codified at R307-110-4/ EPA approved this SIP originally in the early 1980's and mostrecently on June 25,2003 at 68 FR 37744.

§110(a)(2)(G) provide for authority comparable to that in section 303 andadequate contingencyplans to implementsuch authority; SIP Section I (LegalAuthority).A.I.c, provides authority to abate pollutant emissions on an emergency basis to prevent substantial endangerment to the health ofpersons. (Section 19-2-112, DCA)

- More details at can be found in SIP Section VII (Prevention of AirPollution 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 onJune 25,2003 at 68 FR 37744.

- Codified at R307-110-8/ EPA approved this SIP originally inthe early 1980's and most recently on June 25,2003 at 68 FR 37744. §110(a)(2)(H) provide for revision of suchplan­ (i)from time to time as may be
necessary to take account of revisions of such nationalprimary or secondary ambient air quality SIP Section I (LegalAuthority).A.I.a., provides the ability for DDAQ to revises its plans to take account ofrevisions of national ambient air quality standard and to adopt expeditious methods ofattaining 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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# l

methods of attainingsuch standard, and

(ii) except asprovided in paragraph (3)(C), whenever the Administrator finds on the basis of information available to the Administrator that theplan is substantially inadequate to attain the nationalambient air quality standardwhich it implements, or to otherwise comply with any additional requirements established under thisAct; §110(a)(2)(I) in the case of aplan orplan revision for an area designatedas a nonattainmentarea, meet the applicable requirements of partD (relating to nonattainment areas); . SIP Section I (LegalAuthority).A.1.a, adopts measures to attainment and maintenance ofnational standards. SIP Section I (LegalAuthority).A.1.b: Construction pennits ofPart 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 (LegalAuthority).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 brieflisting 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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# c t -SIP SectionXII (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 127of this 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 toprevention of significant deterioration of air quality andvisibilityprotection); program to prevent significant deterioration ofareas 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 onJune 25, 2003 at 68 FR 37744.

§110(a)(2)(K) provide for: (i) theperformance of such air quality modelingas the Administrator
mayprescribe for thepurpose of SIP Section II (Review of New andModified AirPollution Sources), provides for new or modified sources ofair pollution must submit plans to the Division ofAir Quality Codified at R307-110-3/ EPA approved this SIP originally in the early 1980's and most recently onJune 25,2003 at 68 FR 37744.

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(ii) the submission, upon request, of data relatedto 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 of each major stationary source topay to the permittingauthority, as a condition of
anypermit required under thisAct, a fee sufficient to cover­ (i) the reasonable costs of reviewing andacting upon any application for such apermit, and

(ii) 

### if the owner or operator receives

apermit for such source, the reasonable costs of implementing and enforcing the terms andconditions of
anysuchpermit (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 afee
program under title V; SIP Section I (LegalAuthority).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 localpolitical subdivisions affectedby theplan. 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 (LegalAuthority).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 of significant deterioration modification or operation ofany stationary early 1980's and most recently on June of air quality andvisibilityprotection); source at any location where emissions 25,2003 at 68 FR 37744. from such source will prevent the §110(a)(2)(C)

... regulation of the attainment or maintenance ofa national modification andconstruction of any standard or interfere with prevention of stationary source within the areas covered by theplan 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 apermitprogram as submitted to EPA on September 15, required inparts C andD; 2006.

40 CFR 

### 51.166: AmendPSD regulations as required by the November 29, 2005 final rule (70 FR - SIP Section VIII (PSD), describes the program to prevent significant deterioration ofareas ofthe 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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### (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)

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