State of Utah 

GARY R. HERBERT 

Governor 

GREG BELL 

Lieutenant Governor 

December 21, 2009 

Department of
 

Environmental Quality
 

Amanda Smith 

Executive Director 

DIVISION OF AIR QUALITY
 

Cheryl Heying
 

Director 

DAQP-020-09
 

Callie Videtich, Director 

Air Program, EPA Region VlII 

1959 Wynkoop Street 

Denver, CO 80202 

RE: Supporting Documentation for Utah's Section 110(a)(1) and (2) Certification for the 1997 Ozone 

Standard 

Dear Ms. Videtich, 

On July 18, 1997, EPA promulgated a revised National Ambient Air Quality Standard (NAAQS) for 

ozone. Under sections 110(a)(1) and (2) of the Clean Air Act, all states are required to submit plans that 

provide for implementation, maintenance, and enforcement ofthe revised NAAQS. In particular, sections 

110(a)(1) and (2) require states to address basic state implementation plan (SIP) requirements, including 

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

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

required for SIPs under sections 11 O(a)(1 ) and (2) of the Act. The guidance included an attachment that 

listed all the elements that must be contained in a SIP. On December 3,2007, Governor Jon Huntsman 

submitted a letter to EPA to certify that Utah's State Implementation Plan contains all elements identified 

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

NAAQS for ozone and particulate matter. 

Recently, jOur staff requestt:d-additionallllformation to clarify where the specific elements are located in 

our SIP. We have completed the spreadsheet as requested, and I am enclosing this additional supporting 

documentation for your review. 

If you have any questions regarding the attached information, please contact Colleen Delaney at (801) 536­

4248. 

Sincerely, 

'~fP!\ ' 

M.Cheryl ireyinJ,\>lrector /

Utah Division o-f).,(rr Quali 

r. MCH:CD:cy 

150 North 1950 West· Salt Lake City, UT
 

Mailing Address: P.O. Box 144820· Salt Lake City, UT 84114-4820
 

Telephone (801) 536-4000· Fax (801)536-4099· T.D.D. (801) 536-4414
 

www.deq.lItakgov 

Printed on 100% recycled paper 
SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST
 

SIP Submitted by: 

Date Submitted: 

Subject: Confirmation of llO(a)(2)(A)-(M) 1997 Ozone NAAQS Requirements in the SIP 

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

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

§llO(a)(2)(A) include enforceable emission 

limitations and other control measures, 

means, or techniques (including 

economic incentives such asfees, 

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, 

identifies the statutory provisions that allow 

adoption of standards and limitations for 

attainment and maintenence 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, and procedures 

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 R307-110-5/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 Authority).A.l.b, 

identifies the statutory provisions that allow 

DAQ to enforce applicable laws, 

regulations and standards and seek 

injunctive relief. (Sections 19-2-104 and 

19-2-115, 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. 

Page 1 of 11, N:\SIP\Ozone\Section 110 SIP for 1997 Ozone Standard\Utah Completeness Criteria Table for Ozone.doc 
including a pennit program as - SIP Section I (Legal Authority).A.l.d, 

required in parts C and D; 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. (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 of emissions activity within 

the state from emitting any air 

pollutant in amounts which will-­

(1) 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 110(a)(2)(D)(i) of 

the clean air act for the 1997 NAAQS for 

PM2.5 and 8-hour ozone. 

:\1 

Codified at R307-110-36/ This SIP 

was approved by EPA on March 28, 

2008 at 73 FR 16543. 

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I §110(a)(2)(E)(i) provide 

(i) necessary assurances that the 

state (or, except where the 

Administrator deems inappropriate, 

the general purpose local govemment 

or govemments, or a regional agency 

designated by the state or general 

purpose local govemments 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); 

SIP Section V (Resources) commits to 

implement program activities in relation to 

resources provided by the annual StatelEPA 

Agreement and 105 grant applications. 

Codified at R307-110-6/ EPA 

approved this SIP originally in the 

early 1980's and most recently on June 

25,2003 at 68 FR 37744. 

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

with the requirements re5pecting state 

boards under section 128, and 

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

identifies the statutory provisions that 

implement the provisions of the Clean Air 

Act (Sectiol) 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. 

Page 3 of 11, N:\SIP\Ozone\Section 110 SIP for 1997 Ozone Standard\Utah Completeness Criteria Table for Ozone.doc 
§110(a)(2)(E)(iii) (iii) necessary assurances that, where 

the state has relied on a local or 

regional govemment, agency, or 

instrumentality for the implementation 

ofany plan provision, the state has 

responsibility for ensuring adequate 

implementation ofsuch plan provision; 

Section 4.l~6a-1642 DCA provides the 

counties the authority to run their own 

emissions inspection and maintenance 

program, and Subsection 41-6a-1642 (2) 

(b)(i) DCArequires that the counties' 

emissions inspection and maintenance 

program "shall be made to attain or 

maintain ambient air quality standards in 

the countyj consistent with the state 

implementation plan and federal 

requirements. Section X of the SIP outlines 

the specific requirements of the automoti ve 

inspection and maintenance program. 

. , , " . 

' . 

Codified at R307-11O-31IEPA 

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. 

§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 of emissions 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 

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

identifies the statutory provisions that 

require 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

- 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 R307-110-4/ EPA 

approved this SIP originally in the 

early 1980's and most recently on June 

25,2003 at 68 FR 37744. 

Page 4 of 11, N:\SIP\Ozone\Section 110 SIP for 1997 Ozone Standard\Dtah Completeness Criteria Table for Ozone.doc 
for public inspection; 2-107 and 19-2-108, DCA, allow inspection 

of air pollution sources) 

§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.l.c, 

identifies the statutory provisions 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 R307-1l0-2/ EPA 

approved this SIP originally in the 

earl y 1980's and most recentl y on June 

25,2003 at 68 FR 37744. 

- Codified at R307-110-8/ 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 

standard or the availability of 

improved or more expeditious 

methods ofattaining 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 Act; 

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

identifies the statutory provisions that allow 

UDAQ 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. 

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. 

Page 5 of 11, N:\SIP\Ozone\Section 110 SIP for 1997 Ozone Standard\Dtah Completeness Criteria Table for Ozone.doc 
\ I:, 

§llO(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.l.a, 

identifies the statutory provisions that allow 

UDAQ to adopt emission standards and 

limitations and other measures necessary 

for attainment and maintenance of national 

standards. 

Codified at R307-110-2/ EPA 

approved this SIP originally in the 

earl y 1980's and most recentl yon June 

25,2003 at 68 FR 37744. 

SIP Section IX.D contains the 8-Hour 

Ozone Maintenance Provisions for Salt 

Lake and Davis Counties 

" 

EPA approved the original ozone 

nonattainment SIP for Salt Lake and 

Davis Counties, section IX.D.I, in the 

early 1980s. EPA approved the 1­

hour Ozone Maintenance Plan for Salt 

Lake and Davis Counties, section 

IX.D.2 and redesignated the area to 

attainment with the I-hour ozone 

standard, on July 17, 1997 at 62 FR 

38213. These two SIP sections have 

since been replaced by a new 

maintenance plan, codified at R307­

110-13, to ensure maintenance of the 

1997 8-hour ozone standard. This 

new maintenance plan was submitted 

to EPA on March 22, 2007 and ha~

not yet been approved by EPA. , ,> 

Page 6 of 11, N:\SIP\Ozone\Section 110 SIP for 1997 Ozone Standard\Utah Completeness Criteria Table for Ozone.doc 
§110(a)(2)(J) meet the applicable requirements of - SIP Section I (Legal Authority).A.2, Codified at R307-11O-2/ EPA 

(§ 121 section 121 (relating to consultation), adopts requirements for transportation approved this SIP originally in the 

consultation) ... consultation(Section 174, Clean Air Act) 

- SIP Section VI (Intergovernmental 

Cooperation), provides a brief listing of 

federal, state, and local agencies involved in 

protecting air quality in Utah. 

-SIP Section XII (Transportation 

Conformity Consultation), establishes the 

consultation procedures on transportation 

conformity issues when preparing state 

plans. 

early 1980's and most recently on June 

25, 2003 at 68 FR 37744. 

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 

Transportation C0I1formity 

Consultation on September 2, 2008, 

73FR 51222. 

§110(a)(2)(J) meet the applicable requirements of SIP Section XVI (Public Notification) Codified at R307-11O-24/ EPA 

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

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

section 127 of the CAA. 

earl y 1980's and most recentl y on June 

25, 2003 at 68 FR 37744. 

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§1l0(a)(2)(J) meet the applicable requirements of... -SIP Section VIII (PSD) describes the - Codified at R307-11O-9 and R307­

(PSD) part C (relating to prevention of 

significant deterioration ofair quality 

and visibility protection); 

program to prevent significant deterioration 

of areas of the state where the air is clean. 

405/ EPA approved the PSD SIP 

originally in the early 1980's and most 

recently on June 25, 2003 at 68 FR 

37744. EPA most recently approved 

R307-405 on August 18, 2004, FR 69 

51368. Utah submitted revisions to 

the PSD SIP and R307-405 on 

September 15, 2006. Updates to the 

incorporation by reference (IBR) date 

of 40CFR 52.21 were submitted on 

October 1, 2007 and March 3, 2008. 

The October 1, 2007 update 

incorporated provisions in the CFR 

that added NOx as a precursor for 

ozone. The most recent update of the 

IBR date was adopted on February 5, 

2009 and will be submitted to EPA in 

the near future when the final 

administrative paperwork is available. 

EPA has not yet acted on these 

submittals. 

-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) 

- Codified at R307-110-25/ EPA 

approved this SIP in April 1997 and 

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 

- Codified at R307-11O-28/ The 

Regional Haze SIP was submitted to 

EPA on December 12, 2003. 

Revisions to the Regional Haze SIP 

Page 8 of 11, N:\SIP\Ozone\Section 110 SIP for 1997 Ozone Standard\Utah Completeness Criteria Table for Ozone.doc 
Canyon Visibiltiy Transport Commission 

established by section 169B(f) of the CAA. 

(Sections 19-2-104, DCA) 

were submitted on August 8, 2004; 

May 8, 2006; and September 9, 2008. 

EPA has not yet acted on these 

submittals. 

§llO(a)(2)(K) provide for: 

(i) the performance ofsuch air 

quality modeling as the Administrator 

may prescribe for the purpose of 

predicting the effect on ambient air 

quality ofany emissions ofany air 

pollutant for which the Administrator 

has established a national ambient air 

SIP Section II (Review ofNew and Modifled 

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. (Section 19-2-104, DCA) 

Codified at R307-110-3/ EPA 

approved this SIP originally in the I 

early 1980's and most recently on June 

25,2003 at 68 FR 37744. 

quality standard, and 

(ii) the submission, upon request, of 

data related to such air quality 

modelinR to the Administrator; 

§llO(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 coverSIP Section I (Legal Authority).A.l.h: 

identifies the statutory authority to charge 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. 

(i) the reasonable costs ofreviewing 

and acting upon any application for 

such a permit, and 

(ii) ifthe owner or operator receives 

a permit for 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 

Page 9 of 11, N:\SIP\Ozone\Section 110 SIP for 1997 Ozone Standard\Dtah Completeness Criteria Table for Ozone.doc 
pro/?ram under title V; ---r 

§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. 

SIP Section XII (Transportation 

Conformity Consultation) establishes the 

consultation procedures on transportation 

conformity issues when preparing state 

plans. 

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 R307-11O-20/ EPA 

approved SIP Section XII 

Transportation Conformity 

Consultation on September 2, 2008, 

73FR 51222. 

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

10(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 identifies the statutory authority to prevent approved this SIP originally in the 

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

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

emissions 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 significant deterioration requirements. 

covered by the plan as necessary to (Authority Utah Code Section 19-2-108) 

assure that national ambient air 

quality standards are achieved, 

including a permit program as 

required in parts C and D; 

- 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-9 and R307­

405/ EPA approved the PSD SIP 

originally in the early 1980's and most 

recentl y on June 25, 2003 at 68 FR 

37744. EPA most recently approved 40 CFR 51.166: Amend PSD R307-405 on August 18,2004, FR 69 

regulations as required by the 51368. Utah submitted revisions to 

November 29, 2005 final rule (70 FR the PSD SIP and R307-405 on 

71612 at 71699-71700). See also 70 September 15, 2006. Updates to the 

FR 71671-71684. incorporation by reference (IBR) date 

of 40CFR 52.21 were submitted on 

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October 1,2007 and March 3, 2008. 

The October 1, 2007 update 

incorporated provisions in the CFR 

that added NOx as a precursor for 

ozone. The most recent update of the 

IBR date was adopted on February 5, 

2009 and will be submitted to EPA in 

the near future when the final 

administrative paperwork is available. 

EPA has not yet acted on these 

submittals. 

- SIP Section XVII (Visibility Protection) 

descri.bes the program to protect visibility, - Codified a~ R307-110-25/ EPA 

especIally within the boundaries of the five approved thIs SIP in April 1997 and 

national parks located in Utah. (Sections most recently on June 25, 2003 at 68 

19-2-101 and 104, UCA) ___I FR 37744. I '-___________ I

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