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- 1129 

Dear Mr. Martin: 

DAQP-013-1 1 

Enclosed please find, for your review, one hard copy and one electronic copy of the administrative 

documentation in support of Governor Herbert's April 14,20 11, submittal of revisions to R307-405-3, 

Permits: Major Sources in Attainment or Unclassified Areas (PSD). Definitions; R307-415-3, Permits: 

Ope raring Permit Requirements. Definitions; R307-40 1-9, Permit: New and Modified Sources. Small 

Source Exemption; and R307 -401-7, Permit: New and Modified Sources. Public Notice. 

If you have questions about this request, please call Regg Olsen,Permitting Branch Manager of the Utah 

Division of Air Quality, at (80 I) 536-4165. I look forward to working w ith you and your staff 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 

Mailing 1\ddrcs~: P.O. llox I-14X20 · Sail l.akc C'ily, UT 841 14-4820 

Tclcphon~ (801) 536-4000 • F;~x (XO I)536-409? • T.D.O. (801) 536-441 4 

h , ,.,,. dC!q umlt.RO\' 

l'rintcd on I ()(I' .. c~yclcd paper 
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 
NOTICES 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 

effective 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: 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: 11/29/201 0 

No. 34115 (AMD): R156-22. Professional Engineers and 

Professional Land Surveyors Licensing Act Rule 

Published: 10/15/2010 

Effective: 11/29/2010 

No. 34108 (AMD): R156-39a. Alternative Dispute 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 Licensing 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. Licensing Requirements 

Published: 10/1512010 

Effective: 11/2212010 

No. 34125 (AMD): R164-5. Broker-Dealer and Investment 

Adviser Books and Records· 

Published:. 10/1512010 

Effective: 11/22/2010 

Air Quality 

No. 34051 (AMD): R307-401-9. Small Source Exemption 

Published: 09/1512010 

Effective: 01/01/2011 

No. 34052 (AMD): R307-405-3. Definitions 

Published: 09/15/2010 

Effective: 01/01/2011 

No. 34053 (AMD): R307-415-3. Definitions 

Published: 09115/2010 

Effective: 01/01/2011 

Water Quality 

No. 33921 (AMD): R317-1-7. TMDLs 

Published: 09/01/2010 

Effective: 11/19/2010 

E-3 

77 
R307. EaviroDmeatal Qulity, Air Quality. 

R307-405. Permits: Major Sou~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 of sulfur 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 of the 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 of its complete application under 40 

CFR 52.21 or R307-405; and 

(B) in the case of a major stationary source, the 

pollutant would be emitted in significant amounts, or, in the 

case of a major modification, there would be a significant net 

emissions increase of the 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 PMI 0 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 to 40 CFR 52.21 ". 

(c) "Reviewing Authority" means the executive 

secretary. 

(d)(i) The term "Administrator" 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 following 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) 40 CFR 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" 

in 40 CFR 52.2l(b)(50), subparagraph (iv) shall be changed to 

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 

of the 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) of the 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 of the 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 

CFR 52.0l(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 
NOTICES 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 

effective 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 Licensing Act 

Rules 

Published: 1 0115/20~ 0 

Effective: 11/29/2010 

No. 341 23 (AMD ): R 156-11 a. Barber, Cosmetologist/Barber, 

Esthetician, Electrologist, and Nail Technician Licensing Act 

Rule 

Published: 10/15/201 0 

Effective: 11/29/201 0 

No. 34 115 (AMD): R156-22. Professional Engineers and 

Professional Land Surveyors Licensing Act Rule 

Published: 10/15/2010 

Effective: 11/29/201 0 

No. 34108 (AMD): 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 Licensing Rule 

Published: 10/15/2010 

Effective: 11/22/2010 

UTAH STATE BULLETIN, December 15,2010, Vol. 2010, No. 24 

No. 34124 (AMD): R156-55d. Utah Construction Trades 

Licensing Act Burglar Alarm Licensing Rule 

Published: 10/1512010 

Effective: 11122/201 0 

Real Estate 

No. 34097 (AMD ): R 162-2c-202. Qualifications for Licensure 

Published: 1 0/1512010 

Effective: 11/22/2010 

Securities 

No. 34121 (AMD): R164-2-2. Custody Requirements for 

Investment Advisers 

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 

Published: ·1 011512010 

Effective: 11/22/2010 

Environmental Quality 

Air Quality 

No. 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. Definitions 

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 

77 
R307. Environmental Quality, Air Quality. 

R307-41S. Permits: Operating Permit Requirements. 

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 apply to 

R307-415. 

"Act" means the Clean Air Act, as amended, 42 

u.s.c. 7401, et seq. 

"Administrator" means the Administrator of EPA 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 of such agents, including any physical, chemical, 

biological, or radioactive (including source material, special 

nuclear material, and byproduct material) substance or matter 

which is emitted into or otherwise enters the ambient air. 

Such term includes any precursors to the formation of any air 

pollutant, to the extent the Administrator has identified such 

precursor or precursors for the particular purpose for which 

the term air pollutant 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 or other requirement provided for 

in the State Implementation Plan; 

(b) Aily term or condition of any 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 

112(rX7) of the Act; 

(e) Aily standard or other requirement of the 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 the Act; 

(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 of the 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 of Title 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 of th.e Act and in 40 CFR Section 

72.2, and applies only to Title IV affected 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 of the term 

"unit" for pUipOSCS of Title IV of the 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 

meets the requirements 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 of sources 

on contiguous or adjacent properties belong to the same Major 

Group (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 or from 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 of the Act, 

Hazardous Air Pollutants, which is defined as: for pollutants 

other 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 employ more 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 

elected official. For the purposes of R307-415, a principal 

executive officer of a Federal agency includes the chief 

executive officer having responsibility for the overall 

operations of a principal geographic unit of the agency; 

(d) For Title IV affected sources: 

. (i) The designated representative in so far as 

actions, standards, requirements, or prohibitions under Title 

IV of the Act, Acid Deposition Control, or the regulations 

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 or may emit any 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 nationally-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 of six greenhouse gases: 

carbon dioxide, nitrous oxide, methane, hydrotluorocarbons, 

perfluorocarbons, and sulfur hexafluoride, shall not be subject 

to regulation unless, as of July 1, 2011, the GHG emissions 

are at a stationary source emitting or having the potential to 

emit I 00,000 tons per year (tpy) C02 equivalent emissions. 

(b) The term "tpy C02 equivalent emissions 

(C02e)" shall represent an amount ofGHGs 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-

Giobal 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. 

"Title 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, operating permit, 

emission fees 

Date of Enactment or Last Substantive Amendment: 

JBDuary 1, 2011 

Notice of Continuation: July 13, 2007 

Authorizing, BDd Implemented or lnterpreted Law: 19-2-

109.1; 19-2-104 

·E- 11