## State of Utah (it\RY R

. HF.RBC:RT (itll'l'l'/101'
GREG BELl. l

. i('IIIC'/111111 

### Gm
·emor



### April 27, 2011 

## Department of Environmental Quality

James F3. Martin, Director Air and Radiation Program US 

### EPA Rebrion 8 1595 Wynkoop Street Den ver, CO 80202- 1 129
Dea r Mr. Martin : DAQP-013-1 1

Enclosed please find, for your review, one hard copy and one electronic copy ofthe administrative documentation in support ofGovernor Herbert's April 14,20 1 1, submittal ofrevi sions to R307-405-3 , 

### Permits: Major Sources in Attainment or Unclassified Areas (PSD)

. Definitions; R307-415-3, 

### Permits: Operaring Permit Requ ir ements. Definitions; R307-40 1-9, 

### Per mit: New and Modified Sources. Small Source Exemption; and R307-401-7, 

### Permit: New andModified Sources. Public Notice.
I f you have questions about this request, please call Regg Olsen,Permitting Branch Manager of the Utah Division ofAir Quality, at (80 I ) 

### 536-4165. I 

### look forward to working w ith you and your staf f toward approval of this submittal. Sincerely,

# zt;~ 

# c-45_,/ Bryce C. Bird, Acting Director
BB/KK Enclosures

I 95 North 1950 Wcsl • Salt Lake C'ily. UT Mail ing**1\ddrc s~:**  P.O

. llox I -14X20 · Sai l l

. akc C' ily, UT 841 14

-4820**Tclcphon ~**  (801) 536-4000 •**F;~x** (XO I)536-409? • T

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# Effective Rule

## C RTIFIED A TRUE COPV 

# Wnemettt A. 

## Hansen. Otrector**~** 

### Division o1 Administrative p,**,~** 

# R307-401-9 DAR No. 34051, AMD

Effective 01/01/2011

E- 1

### NOT ICES OF 

# RULE EFFECTIVE DATES
State law provides for agencies to make their rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period , the law permits an agency to file a notice of effective date any time after the close of comment plus seven days. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to file a notice of effect ive date on any date including or after the th irtieth day after the rule's publication date

. If an agency fails to file a Not ice of Effective Date with in 120 days from the pu blication of a Proposed Rule or a related Change in Proposed Rule the rule lapses and the agency must start the rulemaking process ove r

. Notices of Effective Date are governed by Subsection 63G-3-301 (12), 63G-3-303, and Sections R15-4-5a and 5b.

Abbreviations AMD =Amendment CPR 

### = Change in Proposed Rule NEW 

### = N ew Rule R&R = Repeal & Reenact REP= Repeal
Alcoholic Beverage Control Administration No

. 34058 (AMD) : R81-7-1

. Application Guidelines Published : 10/01/2010 Effective : 11/1712010

Commerce Occupational and Professional licensing No

. 34120 (AMD) : R 156-9

. Funeral Service Licensing Act Rules Published : 10/15/2010 Effective : 11129/2010
No

. 341 23 (AMD): R156-11a

. Barber, Cosmetologist/Barber , Esthetician, Electrologist, and Nail Technician Licensing Act Rule Published: 10/15/2010 Effective : 1 1 /29/201 0
No. 341 15 (A MD) : R 156-22. Professional Engineers and Professional Land Surveyors Licensing Act Rule Published : 10/15/2010 Effective : 11/29/2010
No

. 34108 (A M D): R156-39a. Alternative Disp ut e Resolution Providers Certification Act Rules Published': 10/1512010 Effective : 11/2212010
No. 34111 (AMD): R156-55b

. Electricians Licensing Rule Published : 10/1512010 Effective: 1112212010
No

. 34116 (AMD) : R156-55c

. Construction Trades Licensing Act Plumber Licensing Rule Published : 10/15/2010 Effective : 11/221201 0



### UTAH STATE BULLETIN, December 15,2010, Vol. 2010, No. 24 No. 34124 (AMD): R156-55d. Utah Construction Trades Licensing Act Burglar Alarm Licens ing Rule Published : 10/15/2010 Effective: 11/22/2010
Real Estate No

. 34097 (AMD ): R162-2c-202. Qualifications for Licensure Published : 10/15/2010 Effective : 11/2212010
Securities No

. 34121 (AMD ): R164-2-2. Custody Requirements for Investment Advisers Published : 10/151201 0 Effective : 11/2212010
No

. 34126 (AMD ): R164-4. Licensi ng Requirements Published : 10/1512010 Effective : 11/2212010
No. 34125 (AMD ): R164-5. Broker-Dealer and I nvestment Adviser Books and Records· Published :

. 10/1 512010 Effective : 11/22/2010

Air Quality No. 34051 (AMD ): R307-401-9. Small Source Exemption Published : 09/1512010 Effective: 01/0 1 /20 11
No. 34052 (AMD): R307-405-3. Definitions Published : 09/15/2010 Effective: 01/0 1/2011
No

. 34053 (AMD ) : R307-415-3

. Definitions Published : 09115/2010 Effective : 01/0 1/2011 Water Quality N o

. 33921 (AMD ) : R317-1-7. TMDLs Published : 09/01/2010 Effective : 11/19/2010



### E-3 77R307

. EaviroDmeatal Qulity,Air Quality. R307-405. Permits: Major**So u~US**  in Attaiameat or Uaclassified Areas (PSD). R307-405-3

. Defiaitioas. (I) Except as provided in (2) below, the definitions contained in 40 CFR 52.21(b) 

### are hereby incorporated by reference. (2)( a)(i) "Major 

### Source Baseline Date" means: (A) in the 

### case of particu.late 

## matier. (I) for Davis, Salt Lake, Utah and Weber Counties, the date that EPA 

### approves the PM10 maintenance plan that 

### was adopted by the 

### Board on July 

### 6, 2005; (ll) for all other 

### areas of the State, January 

### 6, 1975; (B) in the 

### case ofsulfur dioxide: (I) for Salt Lake County, the date that EPA approves the sulfur dioxide maintenance plan that was adopted by the 

### Board on January 

### 5, 2005; (ll) for all 

### other areas ofthe State, January 

### 6, 1975; and (C) in the 

### case of nitrogen dioxide, February 8, 1988. (ii) "Minor 

### Source Baseline Date" means the earliest date 

### after the trigger date on which a major 

### stationary sou.rce or a major modification subject to 40 CFR 52.21 or R307-405 submits a complete application under the relevant regulations. The trigger date is: (A) In the 

### case of particulate 

### matter and sulfur dioxide, August 7, 1977, and (B) in the case of nitrogen dioxide, February 8, 1988. (iii) The baseline date is established for each pollutant for which increments or other equivalent 

### measures have been established if: (A) the 

### area in which the proposed 

### source or modification would construct is designated as attainment or unclassifiable under section 107(d)(i)(D) or 

### (E) of the Act for the pollutant on the date ofits complete application under 40 CFR 52.21 orR307-405; and (B) in the case of a major stationary source, the pollutant would be emitted in si gnificant amounts, or, in the 

### case of a major modification, there would be a significant net emissions increase ofthe pollutant (iv) Any 

### minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for 

### purposes of determining the amowrt of available PM10 

### increments, except that 

### the executive secretary shall rescind a minor sou.rce baseline date where it can be shown, to 

### the satisfaction of the executive secretary, that the emissions 

### increase from the major stationary source, or net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PMI0 emissions. (b) In the definition of "baseline 

### area"·in 40 CFR 52.21(b)( 15)(iiXb) 

### insert the 

### words "or R307-405" after "ls subject to40CFR 52.21 ". (c) "Reviewing Authority" means 

### the executive secretary. (d)(i) The term "A dministrator" shall be changed to

"executive secretary" 

### throughout R307-405, except as provided in (ii)

. (ii) 

### The term 

### "Administrator" shall 

### be changed to "EPA Admi.nistrat.or' in the foll owing incorporated sections: (A) 40 CFR 52.2l(b)(l7), (B) 40 CFR 52.21(b)(37)(i), (C) 40 CFR 52.2l(b)(43), (D) 40 CFR 52.2l(b)(48)(ii)(c), (E) 40CFR 52.2J(b)(50Xi). (F) 40 CFR 52.21 (1)(2), (G) 40 CFR 52.21(p)(2), and (H) 40 

### CFR 51.166(q)(2)(iv). (e) The following definitions or portions of definitions that apply to the equipment repair and replacement provisions 

### are not incorporated 

### because these provisions were vacated by the DC Circuit Court of Appeals 

### on March 17, 

### 2006: (i) 

### in the definition major modification 

### in 40 CPR 52.2l(b)(2), the second sentenc::e 

### in subparagraph (J..ii)(a), (u) the definition of 

### "process Wlit" in 40 

### CFR 52.2l(b)(55), (iii) the definition of "functionally equivalent component" in 40 

### CFR 52.21(b)(56), (iv) the definition of "fixed capital cost" in 40 CFR 52.21 (b)(57), and (v) the definition of "total capital investment" in 40 CFR 52.21(b)(58). (t) In the definition of "Regulated NSR pollutant" in40 CFR 52.2l(b)(50), subparagraph (iv) shall be changedto read, "Any pollutant that otherwise is subject to regulation 

### under the Act.• A new subparagraph (v) shall be added that reads, "The term regulated NSR pollutant shall not include any or all hazardous air pollutants either 

### listed in section 112 ofthe federal Clean Air Act, 

### or added to the list 

### pursuant to section I J2(b)(2) of the federal Clean Air Act, and which have not been delisted pursuant to section 112(bX3) ofthe federal Clean Air Act, ucless the listed hazardous air pollutant is also regulated 

### as a constituent or precursor of

### a general pollutant listed under section 108 ofthe federal Clean Air Act." (3) 

### "Air Quality Related Values," as used in analyses under 40 CFR 52.21 (p) that is incorporated by reference in R307-405-17, means 

### those special attributes of a 

### Class I area, 

### assigned by 

### a federal land 

### manager, that 

### are adversely affected by air quality. (4) "Heat input" means 

### heat input as defined in 40 CFR52.0l(g), that is hereby incorporated by reference. (5) "Title V permit" means any permit or group of permits covering a Part 70 source that is issued, renewed, amended, or revised pursuant to R307-415. (6) "Title V Operating Permit Program" means R307-415.(7) The definition of 

### "Good Engineering Practice (GEP) Stack Height" as defined in R307-410 shall apply in 

### this rule. (8) 

### The definition of "Dispersion Technique" 

### as defined in R307-410 shall apply in 

### this rule. (9) "Subject to regulation" means, for any air pollutant, that the pollutant is subject to either a provision in



### E-5

### NOTIC ES OF 

# RULE EFFECTIVE DATES



# ------------------- 

# -------------------------------------- State law provides for agencies to make their rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period , the law permits an agency to file a notice of effective date any time after the close of comment plus seven days. In the case of Changes in Proposed Rules with no designated comment period , the law permits an agency to file a notice of effect ive date on any date including or after the thirtieth day after the rule's publication date. If an agency fails to file a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed Rule the rule lapses and the agency must start the rulemaking process over. Notices of Effective Date are governed 

### by Subsection 63G -3-301(12), 63G-3-303, and Sections R15-4-5a and 5b.

Abbreviations AMD =Amendment CPR = Change in Proposed Rule NEW 

### = New Rule R&R = Repeal & Reenact REP= Repeal
Alcoholic Beverage Control Administration No

. 34058 (AMD): R81-7-1

. Application Guidelines Published : 1010112010 Effective : 1111712010

Commerce Occupational and Professional Licensing No. 341 20 (AMD) : R156-9

. Funeral Service Licensi ngAct Rules Published : 1**0115/20~** 0 Effective : 11/29/2010
No

. 341 23 (AMD): R156-11 a. Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Licensing Act Rule Pub l ished: 10/15/201 0 Effective : 11/29/201 0
No

. 34 1 1 5 (AMD) : R156-22. Professional Engineers and Professional Land Surveyors Licensing Act Rule Published : 10/15/2010 Effective : 11/29/201 0
No

. 34108 (AM D) : R156-39a. Alternative Dispute Resolution Providers Certification Act Rules Published : 10115/2010 Effective : 11/2212010
No. 34111 (AMD): R156-55b. Electricians Licensing Rule Published : 1011512010 Effective: 11/22/2010
No. 34116 (AMD) : R156

- 55c

. Construction Trades Licensing Act Plumber Licens i ng Rule Published : 10/15/20 1 0 Effective : 11/22/2010



### UTAH STATE BULLETIN, December 15,20 10, Vol. 2010, No. 24 No

. 34124 (AMD) : R156-55d. Utah Construction Trades Licensing Act Burglar Alarm Licensing Rule Publis hed: 10/1512010 Effective : 11122/201 0
Real Estate No

. 34097 (AMD) : R 162-2c-202

. Qualifications for Licensure Published : 10/1512010 Effective : 11/22 /2010
Securities No

. 3412 1 (AMD ): R164-2-2. Custody Requirements for InvestmentAdvisers Published: 1011512010 Effective : 11/2212010
No

. 34126 (AMD): R164-4

. Licensing Requirements Published : 10/1512010 Effective: 1112212010
No

. 34125 (AMD ) : R 164-5

. Broker-Dealer and Investment Adviser Books and Records P u bl ished: ·1 011512010 Effective: 11/22/2010

Environmental Quality Air Quality N o

. 34051 (AMD): R307-401

- 9

. Small Source Exemption Published: 09/1512010 Effective: 01/01/2011



# - No

. 34052 (AMD) : R307-405-3

. Definitions Published : 0911512010 Effective: 01/01/2011
No

. 34053 (AMD) : R307-415

-3

. Defin itions Published: 09/1512010 Effect

. ive : 01/0112011
Water Quality No

. 33921 (AMD) : R317-1-7

. TMDLs Published : 09/0112010 Effective : 11119/201 0



### E-7 77R307. Environmental Quality, 

### Air Quality. R307-41S. Permits: Operating PermitRequirements. R307-41S-3

. Definitions. (l) The definitions contained in R307-101-2 apply throughout R307-415, except as specifically provided in (2). (2) The following additional definitions appl y to R307-415."Act" means the Clean Air Act, 

### as amended, 42 

## u.s.c. 7401, et 

### seq. "Administrator" means the AdministratorofEPA or llis or her designee. "Affected States" are all states: (a) 

### Whose air quality may 

### be affected and that 

### are contiguous to Utah; or (b) That 

### are within 50 miles of the permitted source. "Air Pollutant" means an air pollution agent or combination ofsuch agents, including any physical, chemical, biological, or radioactive (including source material, special nuclear material, and byproduct material) substance or matter whi ch is emitted into or otherwise enters the ambient air. Such term includes any precursors to the formation ofany air pollutant, to the extent the Administrator has identified such precursor or precursors for the particular purpose for which the term airpollutant is used. "Applicable requirement" means all of the following as they apply to emissions 

### units in a Part 70 source, including requirements that have been promulgated or approved by the Board or by the EPA through rulemaking at the time of permit issuance but have future-effective compliance dates: (a) Aily standard orother requirement provided for inthe State Implementation Plan; (b) Aily term or condition ofany approval order issued under R307-40 1; (c) Aily standard or other requirement under Section Ill of the Act, Standards of Performance for New Stationary Sources, including Section lll(d); (d) Aily standard or other requirement under Section 112 of the Act, Hazardous Air Pollutants, including any requirement concerning accident prevention under Section 1 12(rX 7) of the Act; (e) Aily standard or other requirement ofthe Acid Rain Program under Title 

### IV of the Act or the regulations promulgated thereunder; · (f) Aily requirements established pursuant to Section 504(b) of the Act, Monitoring and Analysis, or Section 114(aX3) of the Act, Enhanced Monitoring and Compliance Certification; (g) Any standard or other requirement governing solid waste incineration, under Section 129 of theAct; (h) Aily standard or other requirement for consumer and commercial products, under Section 183(e) of the Act; (i) Aily standard or other requrrement of the regulations promulgated to protect stratospheric ozone under Title VI ofthe Act, unless the Administrator 

### has determined that such requirements need not be contained in an operating permit; (j) Aily national ambient air quality 

### standard or increment or visibility requirement 

### under part C ofTitle I of the Act, but only as it would apply to temporary sources permitted pursuant to Section 504(e) of the Act; (k) Aily standard or other requirement under rules adopted by the Board

. "Area source" means any stationary source that is not 

### a major source. "Designated representative" shall have the meaning given to it in Section 402 ofth.e Act and in 40 CFR Section 72.2, and applies only to Title 

### IVaffected sources. "Draft permit" means the version of a permit for which the Executive Secretary offers public participation W1der R307-415-7i or affected State review WKier R307-415- 8(2). "Emissions allowable under the permit" means a federally-enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit, including a work practice standard, or a federally-enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source ' would otherwise be subject. "Emissions unit" means any part or activity of a stationary source that emits or has the potential to emit any regulated air pollutant or any hazardous air pollutant. This te

.

rm 

### is not meant to alter or 

### affect the definition ofthe term "uni t" for pUipOSCS of Title IV ofthe Act, Acid Deposition Control. "Final permit" means the version of an operating permit issued by the Executive Secretary that has completed all review procedures required by R307-415-7a through 7i and R307-415-8. 

### "General permit" means an operating permit that mee ts therequirements ofR307-415-6d. "Hazardous Air Pollutant" means any pollutant listed by the Administrator as a hazardous air pollutant 

### under Section 112(b) of the Act "Major source" means any stationary source (or any group of stationary sources that are located on one or more contiguous or adjacent properties, and are under common control of the same person (or persons under common control)) belonging to a single major industrial grouping and that 

### are described in 

### paragraphs (a), (b), or (c) of this definition. For the purposes of defining "major source," a stationary source or group of stationary sources shall be considered part of a single industrial grouping if all of the pollutant emittipg activities a1 such source or group ofsources on contiguous or adjacent properties belong to the same Major Grou p (all have th

. e same two-digit code) as described in the Standard Industrial Classification Manual, 1987. Emissions resulting directly from an internal combustion engine for transportation purposes orfrom a non-road vehicle shall not 

### be considered in determining whether a stationary source 

### is a major source under this definition. (a) A major source under Section 112 ofthe Act, Hazardous Air Pollutants, which is defined as: for pollutants othe r than radionuclides, any stationary source or group of stationary sources located within a contiguous area and W1der common control that emits or has the potential to emit, in the



### E-9

# . ' 

# .

one or more manufacturing, production, or operating facilities applying for or subject to a permit and either: (i) the operating facilities emplo y mo re than 250 persons or have 

### gross annual sales or expenditures exceeding $25 million in second quarter 1980 dollars; or (ii) the delegation of authority to such representative is approved in advance by the Executive Secretary; (b) For a partnership or sole proprietorship: a general partner or the proprietor, respectively; (c) For a municipality, State, Federal, or other public agency: either a principal executive officer or ranking el

ected official. For the purposes of R3 07-415, a principal executive officer of a Federal agency incl udes the chief executive officer having responsibility for the overall operations ofa principal geographic unit of the agen cy; (d) For Title IV affected sources:

. (i) The designated representative in so far as actions, standards, requirements, or prohibi tions under Title IV of the Act, Acid Deposition Control, or the regulati ons promulgated thereunder are concerned; (ii) The responsible ofticial as defined above for any other 

### purposes under R307-415. "Stationary source" means any building, structure, facility, or installation that emits ormay emit an y regulated air pollutant or any hazardous air pollutant. "Subject to regulation" means, for any air pollutant, that the pollutant is subject to either a provision in the Clean 

### Air Act, or a nationall y-applicable regulation codified by the Administrator in subchapter C of 40 CFR Chapter I, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to**contro~** limit or restrict the quantity of emissions of that pollutant released from the regulated activity. Except that: (a) "Greenhouse gases (GHGs)," the air pollutant defined in 40 CFR 86.1818-12(a) (Federal Register, Vol. 75, Page 25686) as the aggregate group ofsix greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrotluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall not be subject to regulation unless, as ofJuly 1, 2011, the GHG emissions are at a stationary source emitting or having the potential to emit I00,000 tons per year (tpy) C02 equivalent emissi ons. (b) The term "tpy C02 equivalent emissions (C02e)" shall represent an amountofGHGs emitted, and shall be computed by multiplying the mass amount of emissions (tpy), for each of the six greenhouse gases 

### in the pollutant GHGs, by the gas's associated global wanning potential published at Table A-1 to subpart A of 40 CFR Part 98- Gi

obal Warming Potentials, that is hereby incorporated by reference (Federal Register, Vol. 74, Pages 56395-96), and summing the resultant value for each to compute a tpy C02e. "Tit l e IV Affected source" means a source that contains one or more affected units as defined in Section 402 of

the Act and in 40 CFR., Part 72.

KEY: air pollution, greenhouse gases, opera ting permit, emission fees Date of Enactment or Last Substantive Amend ment: JBDuary 1, 20 11 No tice ofC ontinuation: J uly 13,2007 Authorizing, BDd Impl ement ed or lnterpreted La w : 19-2- 109.1; 19- 2-104



### · E- 11