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

December 12, 2012 

### Department of Environmental Quality
AmandaSmith Executive Director DNISION OF AIR QUALITY Bryce C. Bird

Director

Carl Daly, Director, Air Program Environmental Protection Agency, Region 8 Mailcode SP-AR 159$ Wynkoop Street Denver, Colorado 80202-1129 RE: Infrastructure SIPs for the 2008 Ozone Standard and the 2011 N02 Standard Dear Mr. Daly: DAQP-047-12

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 AmbientAir Quality Standard (NAAQS) and the 2011 nitrogen dioxide (N02) NAAQS as required by section 110(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 thatthe ozone i-SIP was due in March 2011, and the N02 i-SIP is due in January 2013. The Utah Division ofAir Quality (UDAQ) waited as long as possible before developing this summary of existing requirements because EPA had indicated that guidance was under development. On October l2, 2012, the United States District Court, Northern District ofCalifornia ordered EPA to issue a finding of failure to submit i-SIPs for the 2008 Ozone Standard by January 4, 2013. On a recent national phone call, EPA notified the states ofthis court-ordered deadline, which has forced UDAQto accelerate review of Utah's existing i-SIP. The attached reviews are based on EPA's most recent guidancethat was developed for the lead NAAQS. All ofthe identified elements in Utah's i-SIP have gone through rulemaking, including an opportunity for public comment and public hearings, atboth the State and Federal level. This rigorous process meets the requirement in section 11O(a)(l) ofthe Clean Air Actthat "each State shall, afterreasonable notice and public hearings, adopt and submitto the Administrator, within 3 years (or such shorter period as the Administrator may prescribe) afterthe promulgation ofa National Primary Ambient Air Quality Standard (or any revision thereof) under section 109 for any air pollutant, a plan which provides for implementation, maintenance, and enforcementofsuch primary standard in each air quality control region (orportion 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 I000/o recycled paperDAQP-047-12 Page2 commentperiod is not requiredbythe Clean AirActfor a letter summarizingwhatis already in place. Nevertheless, the Utah Division ofAir Quality (UDAQ) will provide public notice thatthese summaries of existing requirements are available for review from December 18, 2012, to January 18, 2013. This letter summarizingthe 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 ofstatesthatwill receive a finding offailure to submit an i-SIP for the 2008 ozone NAAQS. Ifyou have any questions, please contact me at (801) 536-4064 orColleen Delaney at (801) 536-4248. Sincerely,

# --4-~-6-.V Bryce C. Bird Director BCB:CD:svw Attachments (2)December 11, 2012


## State of Utah 11O(a)(2) SIP Infrastructure Elements for Ozone
Section 110(a)(2)(A): Emission Limits and Other Control Measures Requirement Summary "Each suchplanshall

. .. include enforceable emission limitations andother control measures, means, or techniques (including economic incentives such as fees, marketablepermits, and auctions of emissions rights), as well as schedules andtimetables for compliance, as may be necessary or appropriate to meet the applicable requirements of this chapter. " Utah's Infrastructure SIP Section 1(LegalAuthority) identifies the statutory provisions that allow adoption of standards and limitations for attainment and maintenance ofnational standards. This section of the SIP was codified at R307-110-2, and EPA approved it most recently on June 25,2003 at 68 FR 37744. SIP Section II (Review of New andModifiedAirPollution Sources) provides that new or modified sources ofair pollution must submitplans to the Utah Division ofAir Quality and receive approval orders before operating. SIP Section II was codified at R307-110-3, and EPA approved the SIP most recently on June 25, 2003 at 68 FR 37744. The Utah Air Quality Rule 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 SignificantDeterioration) was established as required bythe Clean Air Act and applies to all airpollutants regulated underthe CAA. SIP Section VIII was codified at R307-110-9 and R307-405, and EPA approved it most recently onJuly 15,2011 at 76 FR41712. OnApril14, 2011 Utah submittedrevisions to R307-405 to incorporate the federal Tailoring Rule provisions that were promulgated on June 3, 2010. EPA has not yet acted upon this submittal. SIP Section IX Part D (8-Hour Ozone Maintenance Provisions) identifies Control Measures for Sources ofozone precursors in the Salt Lake County and Davis County ozone maintenance area. This section ofthe SIP was most recently revised in 2007 to demonstrate maintenance ofthe 1997 8-hour ozone standard and was submitted to EPA on March 22, 2007. EPA has not yet acted upon this SIP revision. EPA approved Utah's ozone maintenance plan for the 1-hour ozone standard in 1997. SIP Section IX Part D was codified at R307-110-13, and EPA approved the SIP most recently on July 19, 1997 at 62 FR 38213. SIP Section X, Part A (Vehicle Inspection and Maintenance Program, General Provisions) establishes general provisions for all inspection and maintenance programs in Utah. SIP Section X.A was codified at R307-110-31 and EPA approved it most recently onNovember 2, 2005 at 70 FR 66264. On December 5, 2012 the Utah Air Quality Board adopted revisions to the
1December 11, 2012
general provisions to summarize liMprogram requirements that are similar for all programs in Utah. This revision will be submittedto EPA inthe near future. SIP Section X, Part B (Vehicle Inspection and Maintenance Program, Davis County) establishes the liM 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 liM program to reflect the current liM 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 SectionX.C was codified at R307-110-33 and EPA approved it mostrecently on August 1, 2005 at 70 FR44055. Ozone RACT Rules that implement Control Technique Guidance (CTG) documents established by EPA apply in the Salt Lake and Davis Counties ozone maintenance area. R307-325. Ozone Nonattainment and Maintenance Areas: General Requirements. This rule was most recently approved by EPA on February 14,2006 at 71 FR 7679. R307-326. Ozone Nonattainment and Maintenance Areas: Control ofHydrocarbon Emissions in Petroleum Refineries. This rule was most recently approved by EPA on February 14, 2006 at 71 FR 7679. R307-327. Ozone Nonattainment and Maintenance Areas: Petroleum Liquid Storage. This rule was mostrecently approved by EPA on February 14,2006 at 71 FR7679. R307-328. Gasoline Transfer and Storage. This rule was most recently approved by EPA on February 14, 2006 at 71 FR7679. R307-335. Ozone Nonattainment and Maintenance Areas: Degreasing and Solvent Cleaning Operations. This rule was mostrecently approved by EPA on February 14, 2006 at 71 FR7679. The Utah Air Quality Board adopted a revision to this rule on November 7, 2012 expandthe currentrule to the PM2.5 nonattainment areas and add a new section for industrial solvent cleaningperformed outside ofdegreasing tanks. This rule change will be submittedto EPA inthe near future. R307-340. OzoneNonattainment and Maintenance Areas: Surface Coating Processes. This rule was mostrecently 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 ofthe individual categories. The new rules are numbered as follows: R307-344, Paper, Film, and Foil Coatings; R307-345, Fabric and Vinyl Coatings; R307-346, Metal Furniture Surface Coatings; R307-347, Large Appliance Surface Coatings; R307-348, Magnet Wire Coatings; R307-349, Flat Panel Coatings; R307-350, Miscellaneous Metal Parts and Products Coatings; and R307-351, 2December 11, 2012
Graphic Arts. The newrules 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: CutbackAsphalt. This rule was most recently approved by EPA on February 14,2006 at 71 FR7679.


### Section 11O(a)(2)(B): Ambient Air Quality Monitoring or Data System Requirement Summary "Each suchplan shall

. ..provide for establishment andoperation of appropriate devices, methods, systems, andprocedures necessary to (i) monitor, compile, andanalyze data on ambient air quality, and(ii) upon request, make such data available to the Administrator." Utah's Infrastructure SIP Section IV (AmbientAirMonitoringProgram) outlines Utah's air quality surveillance network that meets the provisions of40 CFR Part 58. This section ofthe SIP was codified at R307-110-5, and EPA approved it mostrecently onJune 25,2003 at 68 FR 37744. Utah prepares an Annual Network Review as required by 40 CFR 58.10. The plan is made available for public comment and is submitted to EPA by July 1st ofeach year. DAQ submits datato EPA's Air Quality System (AQS) as required by 40 CFRPart 58. 

### Section 11O(a)(2)(C): Programs for Enforcement, PSD, and NSR Requirement Summary "Each suchplan shall

. .. include aprogram toprovide for the enforcementof the measures described in subparagraph (A), andregulation of the modification andconstruction of any stationarysource within the areas coveredby theplan as necessary to assure thatnational ambient air qualitystandards are achieved, includingapermitprogram as requiredinparts 

### C andD of this subchapter. " Utah's Infrastructure SIP Section I (LegalAuthority) identifies the statutory provisions that allow DAQ to prevent construction, modification oroperation ofany stationary source at any location where emissions from such source will prevent the attainment or maintenance ofa national standard or interfere with prevention ofsignificant deterioration requirements (See I.A.1.d). SIP Section I was codified at R307-110-2, and EPA most recently approved the SIP on June 25,2003 at 68 FR 37744. SIP Section II (Review of New andModifiedAirPollution Sources) provides that new or modified sources ofairpollution must submitplans to the Utah Division ofAir Quality and receive approval orders before operating. SIP Section II was codified at R307-110-3, and EPA approved the SIP most recently onJune 25, 2003 at 68 FR 37744. The Utah Air Quality Rule 3December 11, 2012

R307-401 establishes a minor source permitting program in the state for new and modified sources. R307-401 was mostrecently approved by EPA on May 5, 1995 at FR 60 FR22277. SIP Section VIII (Prevention of SignificantDeterioration) was established as required by the Clean Air Act and applies to all air pollutants regulated under the CAA. SIP Section VIII was codified at R307-110-9 and R307-405, and EPA approved it mostrecently on July 15,2011 at 76 FR41712. On April14, 2011 Utah submitted revisions to R307-405 to incorporate the federal Tailoring Rule provisions that were promulgated on June 3, 2010. EPA has not yet acted upon this submittal. Utah's permitting rules require sources to install best available control technology (BACT) for all pollutants, including ozone precursors.


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

... contain adequateprovisions:prohibiting, consistentwith theprovisions of this subchapter, anysource or other type of emissions activity within the statefrom emitting any airpollutant in amounts which will contribute significantly to nonattainment in, or interfere with maintenance by, any other state with respect to anysuch nationalprimary or secondary ambient air quality standard, or interfere with measures requiredto be included in the applicable implementationplan for any other state underpart C of this subchapter toprevent significantdeterioration of air quality toprotectvisibility. " Utah's Infrastructure SIP Section VIII (PSD) and Utah Air Quality Rule R307-405 hold new major sources and major source modifications subjectto the Prevention ofSignificant Deteriorationprogram outlined at 40 CFR 51.166. SIP SectionVIII was codified at R307-110-9, and EPA approved it and the rule most recently onJuly 15, 2011 at 76 FR41712. On April14, 2011, Utah submitted revisions to R307-405 to incorporate the federal Tailoring Rule provisions that were promulgated on June 3, 2010. EPAhas notyet actedupon this submittal. On November 19,2012, EPA Assistant Administrator Gina McCarthy issued a memorandum titled Next Stepsfor PendingRedesignation Requests andState Implementation PlanActions Affectedby the Recent CourtDecision Vacating the 2011 Cross-StateAirPollution Rule. This memorandum outlined EPA's intentionto abide by the Court decision that a SIP cannotbe deemed deficient for failing to meetthe goodneighbor obligation in Section 110(a)(2)(D)(i) of the CAA before the EPA quantifies that obligation. EPAhas not yet quantified Utah's good neighbor obligationunder the 2008 ozone standard; and therefore, Utah's infrastructure SIP is adequate.

4December 11, 2012



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

. .. contain adequateprovisions insuring compliance with the applicable requirements of sections 115 or 126 (b) that involve ozone emissions (relating to interstate and internationalpollution abatement)." Utah's Infrastructure EPA has not identified any sources ofozone precursors in Utah that endangerpublic health or the welfare ofa foreign country. Therefore, Utah is not subject to Section 115 ofthe Clean Air Act. SIP Section VIII (Prevention of SignificantDeterioration) was established as required bythe Clean Air Act and applies to all air pollutants regulated underthe CAA. In accordance with 40 CFR 51.166(q)(2)(iv), SIP SectionVIII requires the Directorto notify neighboring states of potential impacts from new major sources or major modifications ofozone precursors. SIP Section VIII was codified at R307-110-9 and R307-405, and EPA approved it most recently on July 15,2011 at 76 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 SectionXX (Regional Haze) determined that sources in Utah do not interfere with visibility plans developed by other states. Utah consulted with other states inthe 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 SectionXX was codified at R307-110-28. EPA signed a notice to approve the majority ofUtah's Regional Haze plan in December 2012, but has not 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 fo.ur subject to BARTElectric 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 suchplan shall

. ..provide: (i) necessary assurances that the state (or, exceptwhere the Administrator deems inappropriate, the generalpurpose localgovernment orgovernments, ora regional agency designated by the state orgeneralpurpose localgovernments for suchpurpose) will have adequatepersonnel,funding, andauthority under state (and, as appropriate, local) law to carry out such implementationplan (and is notprohibitedbyanyprovision of federal or state lawfrom carrying out such implementationplan orportion thereof)"

5December 11, 2012

Utah's Infrastructure SIP Section V (Resources) commits to implementprogram activities in relation to resources provided by the annual State orEPAAgreement 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: FeesforApproval Orders, requires the owner and operator ofeach new major source ormajor modification to pay a fee sufficient to cover the reasonable costs ofreviewing and acting upon the notice ofintent and implementing and enforcing requirements placed on such source by any approval order issued.


### Section 11O(a)(2)(E)(ii): Adequate Personnel, Funding, and Authority Requirement Summary "Each suchplan shall

. ..provide

...(ii) requirements that the state comply with the requirements respecting state boards under section 128." Utah's Infrastructure SIP Section I (LegalAuthority) identifies the statutory provisions that implement the provisions ofSection 128 ofthe Clean Air Act respecting State Boards (See I.A. I.g). SIP Section I was codified at R307-110-2, and EPA approved it mostrecently on June 25, 2003 at 68 FR 37744. Authority for SIP Section I is located at Section 19-2-104, UCA.


### Section 11O(a)(2)(E)(iii): Adequate Personnel, Funding, and Authority Requirement Summary "Each suchplan shall

. ..provide

. .. (iii) necessaryassurances that, where the state has relied on a local or regional government, agency, or instrumentality for the implementation of anyplan provision, the state has responsibility for ensuringadequate implementation of suchplan provision. " Utah's Infrastructure SIP Section VI (Intergovernmental Cooperation) lists federal, state, and local agencies involved inprotecting 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.

6December 11, 2012



### Section 110(a)(2)(F): Stationary Source Monitoring and Reporting Requirement Summary "Each suchplanshall

. .. require, as maybeprescribedbytheAdministrator: (i) the installation, maintenance, andreplacement of equipment, andthe implementation of other necessarysteps, byowners or operators of stationarysources to monitor emissions from such sources, (ii)periodic reports on the nature andamounts of emissions andemissions-relateddata from such source (iii) correlation of such reports by the state agency with any emission limitations orstandards establishedpursuant to this chapter, which reports shallbe available atreasonable timesfor public inspection. " Utah's Infrastructure SIP Section III (Source Surveillance) describes Utah's programsto monitor sources, including emission inventories, plant inspections, and emission testing. SIP Section III is codified at R307-110-4, and EPA approved it mostrecently on June 25, 2003 at 68 FR 37744. R307-150 requires sources to submitperiodic emission inventories for criteriapollutants 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 ofthese submittals. R307-165 requires sources to conductperiodic tests to assure compliance with the emissions limitations established in approval orders orthe SIP. R307-165 was most recently approved by EPA on February 14, 2006 at 71 FR 7679. R307-170 requires certain large sources to install and maintain continuous emission monitors to assure compliance with emission limitations established in approval orders and the SIP. R307- 170 was most recently approved by EPA on September 2, 2008 at 73 FR 51222. SIP Section II (Review of New andModifiedAirPollution Sources) provides that new or modified sources ofair pollution must submitplans to the Utah Division ofAir Quality and receive approval orders before operating. SIP SectionII 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- 401establishes a minor source permitting program inthe state for new and modified sources. R307-401 was most recently approved byEPA on May 5, 1995 at FR 60 FR 22277. SIP Section VIII (Prevention of SignificantDeterioration) was established as required by the Clean Air Act and applies to all air pollutants regulated under the CAA. SIP Section VIII was codified at R307-110-9 and R307-405, and EPA approved it most recently on July 15,2011 at 76 FR 41712. On April 14,2011 Utah submitted revisions to R307-405 to incorporate the federal 7December 11, 2012
Tailoring Rule provisions that were promulgated on June 3, 2010. EPA has not yet acted upon this submittal.


### Section 11O(a)(2)(G): Emergency Episodes Requirement Summary "Each suchplan shallprovide for authority comparable to that in section 303 of this title and adequate contingencyplans to implementsuch authority. " Utah's Infrastructure SIP SectionI (LegalAuthority) identifies the statutory provisions to abate pollutant emissions on an emergency basis to prevent substantial endangermentto the health ofpersons (See I.A.l.g). The legal authority to implement SIP SectionI is contained in the Utah Air Conservation Act Section 19-2-112. SIP Section I was codified at R307-110-2, andEPA approved it most recently on June 25, 2003 at 68 FR 37744. SIP Section VII (Prevention of AirPollution Emergency Episodes) provides the basis for taking action to prevent air pollutant concentrations from reaching levels which could endanger the public health or to abate such concentrations should they occur. The legal authority to implement SIP SectionVII is contained inthe UtahAir Conservation Act Section 19-2-112. SIP Section VII was codified at R307-110-8, and EPA approved it most recently on June 25, 2003 at 68 FR 37744.


### Section 110(a)(2)(H): Future SIP revisions Requirement Summary "Each suchplan shall

. ..provide for revision of suchplan-- (i)from time to time as may be necessary to take account of revisions of such nationalprimary orsecondary ambient air quality standardor the availability of improvedor more expeditious methods of attaining such standard, and (ii) exceptasprovided inparagraph (3)(C), whenever the Administrator finds on the basis of information available to the Administrator that theplan is substantially inadequate to attain the national ambient air quality standardwhich it implements or to otherwise comply with any additional requirements established under this chapter (CAA)." Utah's Infrastructure SIP SectionI (LegalAuthority) identifies the statutory provisions that allowthe Utah Division of Air Quality to revise its plans to take account ofrevisions ofnational ambient air quality standard andto adopt expeditious methods ofattaining and maintaining such standard (See I.A.l.a). The legal authority to implement SIP Section I is contained inthe Utah Air Conservation Act Section 19-2-112. SIP Section I was codified at R307-110-2, and EPA approved it mostrecently onJune 25, 2003 at 68 FR 37744. 8December 11, 2012



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

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


### Section 110(a)(2)(J): PSD and Visibility Protection Requirement Summary "meet the applicable requirements of

... part

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

9December 11, 2012

SIP Section XVII (Visibility Protection) describes the program to protect visibility, especially within the boundaries ofthe five national parks located in Utah. Authority for this section is located in Sections 19-2-101 and 104, UCA. SIP SectionXVII was codified at R307-110-25, and EPA approved it most recently onJune 25, 2003 at 68 FR 37744. SIP Section XX (Regional Haze) addresses the requirements in Part C ofthe CAArelating to regional haze. The SIP was based onthe recommendations ofthe Grand Canyon Visibility Transport Commission established by Section 169B(f) ofthe CAA. Authority for this section is located in Section 19-2-104, UCA. SIP Section XX was codified at R307-110-28. EPA signed a notice to approve the majority ofUtah's Regional Haze plan in December 2012, but has not yet published this final action inthe 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 suchplan shall

. ..provide for-- (i) theperformance of such air quality modelingas the Administrator mayprescribe for thepurpose of predicting the effect on ambient air quality of any emissions of any airpollutant for which the Administrator has establisheda national ambient air qualitystandard, and (ii) the submission, upon request, of data relatedto such air qualitymodeling to the Administrator. " Utah's Infrastructure Utah Air Quality Rule R307-405-13 incorporates the air quality model provisions of40 CFR 52.21

### (1), which includes the air quality model requirements ofappendix W of40 CFRpart 51. R307-110-9 codifies SIP SectionVIII (PSD). EPA approved SIP SectionVIII and R307-405 most recently on July 15,2011 at 76 FR41712. On April14, 2011 Utah submittedrevisions to R307-405 to incorporate the federal Tailoring Rule provisions that were promulgated on June 3, 2010. EPAhas not yet acted upon this submittal. SIP Section II (Review of New andModifiedAirPollution Sources) provides that new or modified sources ofair pollution must submitplans to the Division ofAir Quality and receive an Approval Orderbefore operating. SIP Section II was codified at R307-110-3, and EPA approved it most recently 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.

10December 11, 2012



### Section 110(a)(2)(L): Permitting Fees Requirement Summary "Each suchplanshall require the owner or operator of each major stationarysource topayto thepermittingauthority, as a condition of anypermitrequired under this chapter, a fee sufficient to cover-- (i) the reasonable costs of reviewingandacting upon any application for such apermit, and (ii) 

### if the owner or operator receives apermit for such source, the reasonable costs of implementingandenforcing the terms andconditions of anysuchpermit (not includingany court costs or other costs associatedwith any enforcement action), untilsuch fee requirement is supersededwith respect to such sources by theAdministrator's approval of a

feeprogram under subchapter (title) Vof this chapter." Utah's Infrastructure SIP SectionI (LegalAuthority) identifies the statutory authority to charge a fee to major sources to cover permit and enforcement expenses (See I.A.l.h). SIP SectionI was codified at R307-10- 2, and EPA approved it mostrecently on June 25,2003 at 68 FR 37744. Utah Air Quality Rule R307-414, Permits: FeesforApproval Orders, requires the owner and operator ofeach new major source or major modification to pay a fee sufficient to coverthe reasonable costs ofreviewing and acting upon the notice ofintent and implementing and enforcing requirements placed on such source by any approval order issued. 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 onJune 8, 1995 at 60 FR 30192.


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

### by Affected Local Entities Requirement Summary "Each suchplan shall

...provide for consultation andparticipation by localpolitical subdivisions affectedby theplan. " 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 mostrecently on June 25, 2003 at 68 FR 37744. SIP Section XII (Transportation Conformity Consultation) establishes the consultation procedures on transportation conformity issues when preparing state plans. SIP Section XII was codified at R307-11 0-2, and EPA approved it most recently on September 2, 2008 at 73 FR 51222. 11