### State ofUtah

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 AirProgram, EPARegion 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

DearMs. Videtich,

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

ozone. Under sections 110(a)(1) and (2) ofthe CleanAirAct, all states are required to submit plans that provide for implementation, maintenance, and enforcement oftherevised NAAQS. Inparticular, sections 110(a)(1) and (2) require states to address basic state implementationplan (SIP) requirements, including emissioninventories, monitoring, and modeling to assure attainment andmaintenance ofthe standard.

OnOctober 2, 2007, EPAissued guidance onthe "procedural, timing, and infrastructure" elements required for SIPs under sections 11 O(a)(1 ) and (2) ofthe Act. The guidance included an attachment that listed all the elements that must be containedin a SIP. OnDecember 3,2007, GovernorJonHuntsman submitted a letter to EPAto certify that Utah's State Implementation Plan contains all elements identified inthe October 2, 2007, guidance are included in our current SIP and are compatible withthe current NAAQS for ozone andparticulate matter.
Recently, jOurstaffrequestt:d-additionallllformationto clarifywhere the specific elements are located in

our SIP. We have completedthe spreadsheet as requested, andI am enclosingthis additional supporting documentation for yourreview.

Ifyou have any questions regardingthe attached information, please contact ColleenDelaney at (801) 536­ 4248.

Sincerely,

## '~fP!\ 

# ' M.CherylireyinJ,\>lrector/
UtahDivision 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

### SIPSUBMITTAL COMPLETENESS CRITERIA CHECKLIST

SIP Submittedby: Date Submitted: Subject: 

### ConfirmationofllO(a)(2)(A)-(M) 1997 Ozone NAAQS Requirements in the SIP



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

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

### §llO(a)(2)(A) include enforceable emission limitations andother control measures, means, ortechniques (including economic incentives such asfees, marketablepermits, andauctions of emissions rights), as well as schedules and timetablesfor compliance as may be necessary orappropriate to meet the applicable requirements of thisAct. SIP Section I (LegalAuthority).A.l.a, identifies the statutory provisions that allow adoption of standards and limitations for attainment and maintenence 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 on June 25,2003 at 68 FR 37744.



### §llO(a)(2)(B) providefor establishment and operation of appropriate devices, methods, systems, andprocedures
necessary to monitor, compile, and analyze data on ambient airquality, 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 R307-110-5/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 aprogram toprovidefor the enforcement of the measures described in subparagraph (A) and regulation of the modification andconstruction of
any stationary source within the areas coveredby theplan as necessary to

assure that national ambientair quality standards are achieved, - SIP Section I (LegalAuthority).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 apennitprogram as

- SIP Section I 

### (Legal Authority).A.l.d, required inparts C

### andD; identifies the statutory provisions that allow DAQ to prevent construction, modification

oroperation of any stationary 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, any source or other type of emissions activity within the statefrom emitting any air pollutant in amounts which will-­ (1) contribute significantly to nonattainment in, or interfere with maintenance by, any otherstate with respect to any such nationalprimary

orsecondary ambientairquality standard, or (II) interfere with measures required to be included in the applicable implementationplanfor any otherState underpart C 

### toprevent significant deterioration of airquality

ortoprotect 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 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.

Page 2 of 11, N:\SIP\Ozone\Section 110 SIP for 1997 Ozone Standard\Utah Completeness Criteria Table for Ozone.doc

# I §110(a)(2)(E)(i) 

### provide (i) necessary assurances that the
state (or, except where the Administratordeems inappropriate, the generalpurpose local govemment

orgovemments, ora regional agency designated by the state orgeneral
purpose local govemmentsfor such purpose) will have adequatepersonnel, funding, andauthority understate (and, as appropriate, local) law to carry outsuch implementationplan (and is notprohibitedby anyprovision offederal orstate lawfrom carrying
out such implementationplan 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 

### (LegalAuthority).A.l.g., identifies the statutory provisions that implementthe provisions ofthe 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 SIPfor 1997 Ozone Standard\Utah Completeness CriteriaTable for Ozone.doc§110(a)(2)(E)(iii) 

### (iii) necessary assurances that, where the state has reliedon a local or regional govemment, agency, or instrumentalityfor the implementation of anyplanprovision, the state has responsibilityfor ensuring adequate implementation of suchplanprovision; 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 ofthe SIP outlines the specific requirements ofthe automotive 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 beprescribed by the Administrator­ (i) the installation, maintenance, and replacement of equipment, and the implementation of othernecessary steps by owners oroperators of stationary sources to monitor emissionsfrom such sources,

(ii) periodic reports on the nature andamounts of emissions and emissions-related datafrom such
sources, and

(iii) correlation of such reports by the state agency with any emission limitations orstandards established pursuant to thisAct, which reports shall be available at reasonable times - SIP Section I 

### (LegalAuthority).A.l.f., identifies the statutory provisions that require owners oroperators 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 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 - 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

### forpublic 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 

### andadequate contingencyplans to implement such authority; SIP Section I 

### (LegalAuthority).A.l.c, identifies the statutory provisions 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 SectionVII 

### (Prevention of AirPollution EmergencyEpisodes) (Section 19-2-112, DCA).· - Codified at R307-1l0-2/ EPA approved this SIP originally in the early 1980's and most recently on June 25,2003 at 68 FR 37744.

- Codified at R307-110-8/ 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 of suchplan­ (i)from time to time as may be necessary to take account of revisions of such nationalprimary or secondary ambient airquality standardor the availability of improvedormore expeditious methods of attaining such 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 national ambient airquality standardwhich it implements. or to otherwise comply with any additional requirements established underthisAct; SIP Section I 

### (LegalAuthority).A.l.a., identifies the statutory provisions that allow UDAQ to revise its plans to take account of revisions ofnational ambient air quality standard and to adopt expeditious methods ofattaining 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 of aplan orplan revision for an area designated as a nonattainmentarea, meet the applicable requirements of part D 

### (relating to nonattainment areas); SIP Section I 

### (LegalAuthority).A.l.a, identifies the statutory provisions that allow UDAQ to adopt emission standards and limitations and othermeasures necessary for attainment and maintenance ofnational standards. Codified at R307-110-2/ EPA approved this SIP originally in the early 1980's and most recentlyon 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 ofthe 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 (LegalAuthority).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 AirAct)

- 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 

### 127of this 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 ofthe CAA. early 1980's and most recently on June 25, 2003 at 68 FR 37744.

Page 7 of 11, N:\SIP\Ozone\Section 110 SIP for 1997 Ozone Standard\Utah Completeness Criteria Table for Ozone.doc§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 toprevention of significantdeterioration of airquality andvisibility protection); program to prevent significant deterioration of areas ofthe 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 of40CFR 52.21 were submitted on October 1, 2007 andMarch 3, 2008. The October 1, 2007 update incorporated provisions in the CFR that added NOx as a precursorfor

ozone. The most recent update ofthe 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 ofthe 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 ofthe 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) ofthe 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) 

### providefor: (i) theperformance of such air quality modeling as the Administrator
mayprescribefor thepurpose of predicting the effect on ambientair quality of any emissions of any air pollutant for which theAdministrator has establisheda national ambient air SIP Section II (Review of New andModifled AirPollution Sources), provides that new or modified sources ofair pollution must submit plans to the Division ofAir 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 airquality modelinR to theAdministrator; §llO(a)(2)(L) 

### require the owneroroperator of each majorstationary source topay to the permitting authority, as a condition of
anypermit required under thisAct, a fee sufficient to coverSIP Section I (LegalAuthority).A.l.h: identifies the statutory authority to charge a fee to major sources to coverpermit 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 andacting upon any applicationfor such apermit, and

(ii) 

## ifthe owneroroperator receives

apermit for such source, the reasonable costs ofimplementing and enforcing the terms andconditions of
any suchpermit (not including any court costs orothercosts associated with any enforcement action), until suchfee requirement is superseded with respect to such sources by the Administrator's approval of afee

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) 

### providefor 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.

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 

### (LegalAuthority).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 of significant deterioration construction, modification oroperation of early 1980's and most recently on June 

### of air quality and visibilityprotection); 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 of the attainment or maintenance of a national 

### modification and construction of any standard orinterfere with prevention of 

### stationary source within the areas significant deterioration requirements. 

### coveredby theplan as necessary to (Authority Utah Code Section 19-2-108)



### assure that national ambient air quality standards are achieved, including apermitprogram as required inparts 

### C and

### D; - SIP Section VIII 

### (PSD), describes the program to prevent significant deterioration of areas ofthe 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 recently on June 25, 2003 at 68 FR 37744. EPA most recently approved 

### 40 CFR 

### 51.166: AmendPSD R307-405 on August 18,2004, FR 69 

### regulations as requiredby 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 of40CFR 52.21 were submitted on

Page 10 of 11, N:\SIP\Ozone\Section 110 SIP for 1997 Ozone Standard\Utah Completeness Criteria Table for Ozone.docOctober 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 ofthe 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 ofthe 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

Page 11 of 11, N:\SIP\Ozone\Section 110 SIPfor 1997 Ozone Standard\Utah Completeness Criteria Table for Ozone.doc