State of Utah

GARY It IlERBERT

G(J\~fflO"

GREG BEll.

L<rul~nani Go>'fWI~'

September 21, 2010

Department of

Environmental Quality

Amanda Smith

Exet:u/fI'I' DIN~CIO#'

DIVISION OF AIR QUALITY

Chel)'l Hcymg

D,"t;for

DAQP-020-10

Callie A. Vidctich. Director

Air and Radiation Program

US EPA Reg;on 8

1595 Wynkoop Street

Denver, Colorado 80202·1129

Dear Ms. Videtich:

Re: Section t 10 Plan to Support the 2006 PMl.5 NAAQS

Section 110(a)( 1) ofthe C[can Air Act (CAA) requires that, within 3 years following the promulgation of a

National Ambient Air Quality Standard (NAAQS), each state will submit a plan providing for the

implementation, maintenance, and enforcement ofsuch standard. The NAAQS for PM2.5 were signed on

September 21,2006. Hence, these Section 110 plans were due to EPA by September of 2009.

Thc most recent guidance! indicates that, in many cases, the section 110 plans to address the 1997 PM2.5

NAAQS lllay already be adequate to implement the 2006 PM2.5 NAAQS because many oCthe required

section 110(<\)( 1) and 11 0(a)(2) elements relate to the general information and authorities that constitute the

"infrastructure" of a state's air quality management program, and these clements have been in place to

address particulate matter since the initial State Implementation Plans (SIPs) were submitted in response to

the 1970 Clcan Air Act.

To that end, some background concerning the Section 110 SIP and the 1997 PM2.5 NAAQS may be

helpful.

In addressing the 1997 PM2.5 NAAQS, wherein PM2.5 was first introduced as the indicator of fine

particulate matter, Utah indicated, by letter of March 27, 1998, that it had reviewed its 110 SIP and

believed that no revisions would be necessary to implement the revised particulate maner standards. Such

assessment was consistent with what EPA had anticipated in its initial guidance, dated December 23, 1997.

I Guidancc on SIP Elements Required Under Sections II00aXI) and (2) for the 2006 24·Hour Fine Particle (PMu )

National Ambienl Air Quality Standards (NAAQS); From William T. Harnett, Director Air Quality Policy Division,

Office ofAir Quality Planning and Standards, To Regional Air Division Directors, Regions I-X; Dated September

25,2009

195 North t9SO Wesl· Salt l.akt ClIy. UT

Mai1ingAddn:ss: P.O. Box 144820' Salt LakeCitr. UT &4114-4820

Telephone: (801) 5364000' Fu (SOI)S36-4099' TD.D (SOl) SJ6-4414

........ Jeq.aII,~

P'nnkd on lOll"-. rtt)ded pIPCl"

DAQP-020-IO

Page 2

However, additional guidance (dated August 15, 2006 and October 2, 2007) identified several issues that

would require special consideration. These were the interstate transport issues to be addressed under

II O(a)(2)(D)(i) and the emergency episode provisions ofsection II 0(a)(2)(0). EPA indicated that, with

respect to the latter, it intended to initiate rulemaking in order to provide the necessary numerical limits and

concentration levels for emergency episode action plans involving PM2.5.

In a letter dated December 3,2007, Utah reiterated that all the elements identified in the October 2, 2007,

guidance were addressed in its current SIP and were adequate to implement the 1997 PM2.5 NAAQS (as

well as the 1997 8-hour ozone NAAQS). Utah also indicated that it would take appropriate action to

amend its cmergcncy episode plan as soon as thc EPA revised 40 eFR section 51.150 to establish priority

classifications and establish a significant harm level for PM2.5.

Via e-mail of March 3, 2008, EPA provided clarification concerning the information it would need in order

to complete its review ofthe section 110 SIPs. The e-mail referenced EPA's earlier guidance of August 15,

2006, and October 2, 2007, and indicated lhat a certification of SIP adequacy may be submitted where

appropriate. The email requested that such stale certification include a completed PM2.5 criteria table, a

draft of which was attached. Additionally, it reiterated the following with respectto certain ofthe Section

110 requirements:

• It noted that, in addressing section II 0(a)(2XD)(i), states were not rcquired to submit PSD and

Nonauainment NSR program SIPs for PM2.5 until EPA had completed a revision ofthe federal

regulations covering these programs, and

• Until EPA revised the Emergency Episode Plan and significant hann levels for PM2.5, it

recommended that states rely on interim guidance to satisfy the Section 110 (aX2XG)

requirements.

In response to the e-mail, Utah sent another letter dated April 17,2008. Attached to the letter was a

completed PM2.5 criteria table which provided a more detailed assessment of how Utah's SIP addressed

each ofthe elemcnts identified in section 11 0(a)(2).

EPA did publish a finding in the federal register (sec FR Vol. 73, pp. 62902) that Utah's submittal was

complete with respect to Section II 0(a)(2.) However, the issue of approval was not addressed, and it is

therefore somewhat more difficult to poinl to the adequacy of this SIP with respect to the 1997 PM2.5

NAAQS as an indication of its suitability to support the revised NAAQS of2006.

Nevertheless, as we evaluate each ofthe program elements described in CAA Section II 0(a)(2), we are left

to assume that the SIP Utah has in place is indeed adequate to support the 1997 NAAQS for particulate

matter. Furthermore, and in keeping with EPA's mosl recent guidance, we will conclude that it is also

adequate to administer the PM2.5 NAAQS as revised in 2006.

Generally speaking, this evaluation ofthe Section 110 elements is again provided in the (attached) PM2.5

criteria table. However, since some ofthese elements have been given special attent'ion in the most recent

guidance from EPA, some additional discussion will be provided herein:

• Section 11 0(a)(2)(D)(i)(I) - prohibiting cmissions activity within Utah from contributing

significantly to NAAQS nonattainment in any other State

There are actually two clauses to this element; one relating to impact on areas not attaining the

NAAQS and the other addrcssing interference with efforts to maintain compliance with the

DAQP-020-IO

Page 3

NAAQS in down·wind states. EPA is interpreting this second clause to include areas that are

meeting the 2006 standard, not merely areas formerly designated nonattainmcnt that would be

subject to a maintenance plan. The guidance suggests that states should explain whether or not

emissions from the state "have this impact."

Absent a pre-defined maintenance area with a SIP that quantifies how much impact is acceptable

with regard to NAAQS protection, il is not entirely clear how ''this impact" differs from either a

NAAQS violation (first clause) arthe prevention of significant deterioration (see below.) Thus,

for the purpose ofthis exercise, Utah will look at the whole of Section 11 0(a)(2)(0)(i)(I) to mean

that emissions from Utah are neither causing nor contributing in a significant way to NAAQS

violations in other states.

Any such assessment to that end would need to be supported by an adequate technical analysis.

This much was anticipated in the guidance, which however was written at a time when the CAIR

rule was still in a state of litigation and uncertainty.

Recalling that, with respect to the 1997 PM2.5 standard, the CAIR rule had itself relied upon such

a technical analysis to conclude that certain western states did not significantly cause or contribute

to any NAAQS violations in down-wind states, these western states were encouraged to cite the

CAIR analysis as evidence that it was not necessary at that time to exercise the authority described

in Section 110(a)(2)(D)(i.) Utah took this approach in a transport SIP for both PM2.5 and 8-hour

ozone. The SIP was submitted to EPA on March 28, 2007, and EPA proposed approval with an

cffcctive date of May 27, 2008 (sec FR 73, No. 61, pp 16543).

The CAIR analysis, however, did not address the 2006 standard for PM2.5. So, as in interim

policy, this most recent guidance recommends that each ofthe states conduct its own regional

analysis to detennine as much for their 110 SIP submittals.

On August 2, 2010, EPA proposed a new rule to replace the CAIR as a means to address interstate

transport (see FR 75 No. 147, pp 45210). Again, there are certain western states that were found

not to contribute in a significant way to any NAAQS violation, for either PM2.5 or 01.One, in the

down-wind states. Utah is among those states. EPA's assessment regarding these western states is

undoubtedly based on a regional scale technical analysis, and Utah will point to that analysis in

order to conclude that there are no current or future emissions from within its boundaries that

either cause or contribute in a significant way to NAAQS violations in any ofthe down-wind

states.

• Section 110(a)(2)(D)(iXII) - prohibiting emissions activity within Utah from interfering with the

efforts of any other State to Prevent Significant Deterioration of its air quality or protect its

visibility

Again with this paragraph, there are two clauses which must be considered: PSD and visibility.

Concerning PSD - EPA believes this requirement is satisfied for PM2.5 if a state's SIP includes

preconstruction review programs for major sources that satisfy the requirements of both

Nonattainment NSR and PSD (40 CFR 51.165(b)( I) and 51.166 respectively). All states are

currently required to have some form of preconstruction permitting program for PM2.5, and as per

the guidance, it is not necessary to make any rulc rcvisions specifically for the purposc of Section

110 unless the area has outstanding program deficiencies.

DAQP-020-10

Page 4

Utah is currently operating under the PM I0 surrogate policy for the PSD program, as outlined in

the 1997 EPA memorandum entitled "Interim Implementation ofNew Source Review

Requirements for PM2.5." Utah intends to incorporate PM2.S into the PSD program by May 2011,

as required by the May 16, 2008, PM2.5 Implementation Rule for PM2.5 NSR. We anticipate that

EPA will have established certain requirements, such as PM2.5 increments and Significant Impact

Levels, and sUlck testing requirements that need to be in place before PM2.5 can be adequately

addressed in the PSD program. Utah is currently operating under the provisions of Appendix S for

PM2.5 nonattainment areas.

Concerning visibility - According to the guidance, EPA believes this requirement can be satisfied

by an approved SIP addressing reasonably attributable visibility impairment (RAVI), if required,

and an approved SIP addressing regional haze.

EPA is not aware of any certification by a Federal Land Manager of existing RAVI that remains

unaddressed by a currently approved SIP or FIP. Accordingly, any state for which EPA has

approved into its current SIP some or all RAVI elements may satisfy this element with a

verification that no source within its boundaries emits pollutants that interfere with RAVI measures

included in the applicable implementation plan of any other state.

Utah's SIP does in fact address RAVI, and a statement verifying that there are no Utah sources of

emissions that interfere with implementation of RAYI SIPs in other states appears within SIP

Section XXIII (Interstate Transport) and was approved by EPA on March 28, 2008.

SIP Section XXIIl also addresses regional haze with the following statement: "Because Utah

submitted its first Regional Haze SIP to EPA in December 2003 under 40 CFR 5 I.309, Utah has

already demonstrated reasonable progress in reducing impacts on Class I areas on the Colorado

Plateau. The [forthcoming] 2007 SIP update will analyze any impacts from Utah that extend

beyond the Colorado Plateau and determine appropriate long-term strategies for control measures."

Utah submitted this forthcoming regional haze SIP to EPA on September 9,2008. It includes

several things that are pertinent to particulate matter, including an enhanced smoke management

program as well as an Assessment of Need for (NOx and) PM milestones. This evaluation was

based on an assessment of stationary source emissions of NOX and PM made by the WRAP

Market Trading Forum for all WRAP states, including the transport region states. The 2008 SIP

also addresses the Best Available Retrofit Technology requirement for PM.

The September 25, 2009, guidance notes that, States intending to rely on a required regional haze

SIP to satisfy this element ofthe Section 110 SIP, which had not fonnally indicated as much in a

SIP submission or have not submitted a haze SIP, may receive an additional finding offailure to

submit on this count. Furthermore, it indicates that EPA will be able to fully approve the Section

110 submittal as satisfying Section 110(a)(2)(D)(i)(II) only after it has taken final action approving

the regional haze SIP.

Utah did submit its haze SIP and did announce its intention to rely on that SIP to satisfy the

Section 110 element. We would therefore, at this point, reiterate this intention as well as point out

the following: a) Utah has an approved transport SIP for the 1997 PM2.5 NAAQS, b) the 2006

revision to the PM NAAQS only serves to make emissions of PM2.5 more restrictive. It follows

that Utah's ability to rectify visibility impairment in a down·wind State would not, thereby, be

compromised, and c) the technical assessments made in Utah's regional haze SIP still reflect the

DAQP-020-10

Page 5

fact that PM emissions from stationary sources have a small impact on visibility compared to S02

emissions and smoke from fire.

• Section II O(a)(2)(G) - providing authority to address activities causing imminent and substantial

endangerment to public health, including contingency plans to implement emergency episode

provisions

As discussed above, Utah had previously indicated that it would amend its emergency episode plan

as soon as EPA revised its own rules to establish priority classifications and a significant harm

level for PM2.5. To date, the EPA has still not revised its rules, but the September 25,2009,

guidance includes (as attachment B) a table ofthe Recommended Interim Significant Harm Level,

Priority Levels, and Action Levels for PM2.5 Emergency Episode Plans. The guidance

recommends that States set the priorit)' levels and emergency action levels for PM2.5 necessary to

develop emergency episode plans, and that they consider the levels (including a significant harm

level) identified in Attachment B. Using these recommended levels, States would develop

emergency episode plans for any area that has monitored and recorded 24·hour PM2.5 levels

greater than 140.4 glm3 since 2006. If this level was never exceeded in any area ofthe State, it

could certify that it has the authority to address such episodes but that no specific plans are

necessary at this time. It also asserts that the levels identified in Attachment B are suitable for both

the 1997 and the 2006 PM2.5 NAAQS. Monitoring data in Utah demonstrates that the 140.4 glm3

has never been exceeded; therefore, our certification herein that we have the authority to address

such episodes, should they occur, should meet EPA's requirement for Section 11O(aX2)(G.)

Should you need any further information in this regard, please contact Bill Reiss of my staff at (80 I) 536-

4077.

Sincerely,

M. Cheryll-leying,

MCH/BRIcy

Attachment

SIP Submilled by:

Dale Submilled:

Subject:

SIP SUBMITTAL CO~IPLETENESSCRITERIA CHECKLIST

Conlirmation of llO(a)(2)(AH:~OPM2.5 NAAQS Itc<luircmenls in the SII)

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

Seclion 110 a) clemenl Summao' of element I-1o\\' Addressed in Stale 511" Where codilicd/ll ) )I"cH'cd by EI'A

§ J1O(a)(2)(A) il/clude enforceable emission SfP Section I (Legal AUI/lOrity).A.I,a. Codiried at R307-110-21 EPA

limitations and other confro/measures, allows adoption of Standards and limits for approved this SIP originally in the

meanS, or techniques (inellldillg attainment and maintainCllce of national early 1980's and most rcccl11ly on JUlle

economic il/eel/lil'es such asfees, Standards. (19-2-IO~ and 109. Ulah Code 25.2003 at 68 FR 37744.

marketable permits, and allcl;OIlS of Annotated 1953 (UCA) )

emi.\·s;olls rights), as well as schedules

(l/ul timetables/or compli(/Ilce as may

he lIe£:essary or appropriate TO meet

rile (If)/Jlicahle real/ireme1lfs ofTilis Act.

§J 10(11)(2)(8) provide for establishmem al/{I SIP Section IV (AII/bient Ai,. MOl/itoring Codified at R307-1 10-51 EPA

opermioll oJappropriate devices. Program) provides a brier description of the ;'Ipprovcd this SIP originully in the

methods, systems, a"d procedures purposes of the air monitoring program. C,Jrly 1980's ;]nd most recently on June

neees,wry to 11/o"itor. compile. alld 25.2003 ,It 68 FR 37744.

(II/llly:e data 011 ambient air quality.

{f1U/lIpon request, make slich data

{l\'ailable to tile Administrator;

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§llO(a)(2)(C) il/clude a program fa provide for the - SIP Section J (Legal Al/fhoriry).A.I.b. Codified at R307-11O-2/ EPA

enforcement of,lie measures described allows for enforcement of applicable laws, approved this Sfr originally in the

ill subparagraph (A) alld regulation of regulations and standards and seek early 1980's and most recently on June

rhe modification alld COIIstrllctioll of injunctive relief. (Sections 19-2-104 and 25.2003 at 68 FR 37744.

any stationary sOl/ree within file areas 19-2-[ 15. VCA)

covered by rhe plan as necessary to

assure '''(Ill/ariona! alllbiellt ai,. - S[P Section I (Legal AlltllOrity).A.l.d,

quality standards (lre achieved, provides authority to prevent construction.

iI/eluding (l permil program as modification or operntion of any stationary

required ill parts C alld D; source <It any local ion where emissions

from such source will prevent the

atlainmenl or maintenance of a national

standard or interfere with prevention of

significant deterioration requirements.

(Authority Utah Code Section 19~2-108)

§IlO(a)(2)(D) cOl/tain adequ(l{e provisiolls- SIP Section XXIll (IlI1erstate Transport) Codified at R307-110-36/ This SlP

(i) prohibirillg, consistellt with the This srp was wriltento satisfy the was submilled to EPA on March 28,

provisions ofthis tirle, any source or requirements of section IIO(a)(2)(D)(i) of 2007, and EPA proposed the approve

other type ofemissiolls aClivity will/in the clean air act for the new NAAQS for of this subrniual on March 28, 2008 al

the stale from emifling any air PM2.5 and 8-hour ozone were promulgated 73 FR 16543. which wi II go into

polllltant ill amoullts which will-- in 1997. effect on May 27,2008.

(I) COlltribllre sigl1ificall1ly 10

llOlWtlailllllell1 ill, or illtel/ere with

!1laimellallce by, allY olher state with

respect to allY such lIational primary

or secondary ambiellt air qllality

standard, or

(II) illtelJere with measures

required to be inc/llded ill the

applicable implementation plan for

(lily OllieI' State ullder part C 10 prevell1

significall1 deterioration ofair qllality

or to /)rotect visibilit '.

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(ii) iI/suring compliance with the

applicable reqllirelllellts ofsections

126 and 115 (relating to interstate and

illtematio/lal polll/tion abatement);

§110(.)(2)(E)(i) provide SIP Section V (Resources) provides the Codified al R307-110-6! EPA

(i) 11ecessary assl/rances that the Division of Air Quality commits to program approved this SIP originally in the

state (or, except where the activities in relation to resources provided early 1980's and most recently on June

Administrator dee/wi inappropriate, by the annual StatefEPA Agreement and 25,2003 al 68 FR 37744.

the gel/eral pllrpose local govemllle1l1 105 grant applications. The StatefEPA

or governments, or a regional agency Agreement and 105 grant applications.

designated by the state or general

plflpose local governmentsfor sl/ch

purpose) will have adequate personnel,

jimdil/g, al/d allthority Ilnder state

(and, as appropriate. local) law to

carry ow s/lch implemelltatioll plall

(and is I/Ot prohibited by allY provision

offederal or state law from carrying

alit such implementation plan or

portioll thereon;

§ltO(.)(2)(E)(ii) (ii) requirements that the state comply SIP Section I (Legal Allt/lOrity).A.l.g., Codified al R307-110-2! EPA

with the requirements respecti/lg state recognizes the requirement that the State approved this SIP originally in the

boards 1lIider section 128, and comply with provisions of the Clean Air early 1980's and most recently on June

Act (Section (28) respecting State Boards. 25,2003 al 68 FR 377~4.

(Seclio.s 19-2-104 UCA )

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§110(a)(2)(E)(iii) (iii) necessary assurances t!Jat, where Section 41-6<1-1642 provides the counties Codified at R307-110-31!EPA

the swre has relied 011 a local or the authority to run their own emissions approved this SIP section on

regiol/al govemmel1t, agellcy, or inspection and maintenance program. and November 2, 2005 at 70 FR 6626-1..

illsrrlllllellrality for the implementation Subsection 41-6a-1642 (2) (b)(i) requires Codified at R307-32/ EPA apprO\ed

ofallY phlll provisioll, the state has the counties emissions inspection and this SlPsection on July 17. 1997 at 62

respollsibility for ensllring adequate maintenance program to be made to i.lllain FR38213.

implcI1Ie1l1aTioll o/slIch plall provision; or maintain ambient air quality standards in Codified at R307-33/ EPA approved

the county, consistent with the state this SrP section on August 1.2005 at

implcmentation plan and federal 70 FR 44055.

requirements. Section X of the SIP outlines Codified <It R307-34/ EPA <lpprovcd

the specific requirements of the automotive this SlP section on November 2, 2005

inspection and mainlenance program. at 70 FR 66264.

Codified al R307-3S/ EPA approved

this SIP section on September 14.

2005 at 70 FR 54267.

§110(a)(2)(F) require. as may be prescribed by tlie - SIP Section 1(Legal Alftliority).A.IJ., - Codified at R307-110-2! EPA

Adlll;nistrator- requires owners or operators of stalionary approved this SIP originally in the

(i) the illStallation, mai1l1ellallce, Wid sources to install, maintain and lise early 1980's and most recently on June

replacemellt ofeqltipme1I1, and tlie emission monitoring devices: and to make 25,2003 at 68 FR 37744.

implemelltatioll ofotlier necessary periodic reports to the State Depattment of

steps by oWllers or operators of Environmental Quality on the nature and

statiol/ary sources to monitor amounts of emissions from such sources.

emissions/rom such SOl/rces, The State Department of Environmental

(ii) periodic reports 0/1 the 1/ature Quality will makc such data available to the

and alllol/llf.~ ofemissions w/(I public as reported and as cOITeiated with

emissions-related data from sitch any applicable emission standards or

sources. and limitations. (Sections 19-2-104, UCA)

(iii) correlation o/sHch reports by

the state agellcy with any emission -SIP Section []] (Sol/rce Surveillallce) - Codified at R307-11O-4! EPA

limitations or standards established includes inventory requirements, stack approved this srp originally in the

p"rsua1l1to this Act. which reports testing, and plant inspections (Sections 19- early 1980's and most recently on June

shall be available at reasonable times 2-107 and 19-2-108, UCA. allow insnection 25,2003 at 68 FR 37744.

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for DubUc illsDec:rioll; of air Dollution sourccs)

§ IIO(a)(2)(G) provide Jar altthority comparable to SIP Section I (Legal AlItllOr;ty).A.I.c, - Codified'" R307-110-2/ EPA

that ill sectioll 303 and adequate provides authority to abate pollutunt approved this SIP originall) in lhe

comillgency plans to implell/em sitch emissions on an cmcrgcncy busis to early 1980's and most rccently on June

awllOrity: prevent substantial cndangerment to the 25.2003 a' 68 FR 37744.

health of persons. (Section 19-2-112. UCA)

- More dewils ill cun be found in SIP - Codified a' R307-110-8/ EPA

Section VII (Prel'elltioll ojAir Pollutioll approved this SIP originally in the

Emergency Episodes) (Section 19-2-112. early 1980's and most recently on Junc

UCA). A Febmary 12.2007 OAQPS Issue 25.2003 a' 68 FR 37744.

Paper indicuted thaI EPA will be iSSUIng a

significant harm level rulc for PM2.5.

Ut..lh will address thc requircmcnts of 110

(a)(2)(G) after EPA oromul.a'es this rule.

§ IIO(a)(2)(I-I) provide for revision ofs/lch plall- SrP Section I (Legal AlltllOr;ty).A.I.a., Codified a' R307-11O-2/ EPA

(i) from time to time as may be provides the ability for UDAQ to revises its "Ipproved this SIP oliginally in lhe

lIe£:essary to take account of plans lo Hike aCCount of revisions of early 1980's and most recently on June

rev;s;ons ofsitch IUltional primary or national ambient air quality slUndard and to 25. 2003 a' 68 FR 37744.

sec01ulmy ambiem air qllality adopt ex.peditiolls methods of alt:.tining and

stCllulard or the availability of maintaining such standard.

;mprOl'ed or more expeditious

methods ofauaill;ng slich standard.

alld

(ij) excepr as provided ;11

paragraph (3)(C), whenever tile

Adllli"istratorjillds on the basis of

;lIformation al'{lilable to the

Administrator that the phl1l is

substalltially ;/ladequate to arrain the

IUltional ambiellr air quality

standard which it implements, or to

othenvi!ie comply with any

addit;onal reau;rements established

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I/nder litis ACI;

§ 110(:1)(2)(1) in lite case ofa plan or plall revision SIP Section I (iRgal Aut/lOrily).A.I.a. Codified at R307-110-2/ EPA

for (l// area designaled as a adopts measures to allainment and upprovcd this SIP original!) in the

Ilo"alfainmenl area. meet the maintenance of national standards. curly 1980's and most recently 011 June

applicable requirements ofpart D SIP Section I (iRgal AI/I/wrily).A.I.b: 25.2003 at 68 FR 37744.

(relalillflto llOIUlifainllle1ll areas); Construction I>crmits of Pm1 D

§J JO(1l)(2)(J) meelthe applicable requiremenls of - SIP Section I (Legal Amhorily).A.2: Codified at R307-110-2/ EPA

(§ 121 section 121 (relating to consultatio1l). adopts requirements for transpol1ution approved this SIP originally in the

consultation} ... consuhation(Section 174, Clean Air Act) early 1980's and most recently on June

25.2003 at 68 FR 37744.

Codified at R307-110-7/ EPA

. SIP Section VI (llltergol'enll//{!/ital approved this SIP originally in {he

Cooperatioll}. provides a brief listing of early 1980's and Illost recently on June

federal. state, and local agencies involved in 25.2003 at 68 FR 37744.

protecting air quality in Utah.

Codified at R307-110-20/ EPA

upproved SIP Section XII

IIII'o/l'emell1. but it hus been

-SIP Section XII (Tr{l//:iportalion superseded by SIP Scclion XII

Conformity COJ/\'lIltalion). establishes the TrwlSporlarion COllformity

consullulion procedures on tntllSporti.llion COlI.'wltatiOlI. which was submillcd to

conformity issues when prepi.lring state EPA on June 26. 2007. but EPA has

plans. nol approved Ihis SIP.

§110(:1)(2)(,1) meet the applicable requirements of SlP Section XVI (Public Notification) Codi fied at R307-110-24/ EPA

(Section 127 public se(:tioll 127 ofthis title (relati1lg to adopts the requinnents 10 notify the public approved this SIP originally in the

notificnlion) public notification) when NAAQS have been exceeded as per early 1980's and most recently on June

section 127. 25,2003 at 68 FR 37744.

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§11O(0)(2)(J) lIIeel111e applicable reqllireme1l1s of... -SIP Section VIII (PSD) describes the - Codified ," R307-11 0-9/ EPA

O'8D) pari C (refatillg to pre\lelltioll of program 10 prevent signi neallt deterioration approved SIP Section VIII PSD. but it

sigllijic.YUlt deterioration ofair quality of areas of the stilte where Ihe nir is clean. hus been Upcl'llCd <lncl superseded by a

(lml visibility protection); new SIP Section VIII PSD. which was

subrnitlcd 10 EPA on September 15.

2006.

-SIP Section XVII (Visibility Protectioll) - Codified at R307-11O-25/ EPA

describes the program to prolect visibility. approved this SIP in April 1997 and

especially within the boundaries of the five most recently on June 25. 2003 al 68

national parks located ill Utah. (Sections FR 37744.

19-2-101 and 104, UCA)

§ II O(1l)(2)(K) provide for: SIP Section II (Review ofNew allli Modified Codified at R307-110-3/ EPA

(i) the perfomulIlce ofsuch air Air PolJlllio/l Sources). provides for new or upproved this SIP originally in the

quality modeling as the Administrator modified sources of air pollution must e:'lrly 1980's and most recently on June

may prescribe for the purpose of submit plans to the Division of Air Quality 25.2003 at 68 FR 37744.

prellictillg the effect 011 ambiem air and receive an Approval Order before

quality ofallY emissions ofallY air operating. (Section 19-2-104, UCA)

pOI/Hlllllt for which the Administrator

hWi established allati011l11 ambient air

qilaliry :i·tlllu/ard, {l/u/

(ii) rhe sllbmission. upon relJllesr, of

dalll relmed 10 sllch air quality

mode/illM fa the Administrator;

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§110(a)(2)(L) require the owner or operator ofeach SfP Section I (Legal AlllJlOr;ry).A.I.h: Codified at R307-11O-2! EPA

major sTationary source TO pay TO rhe autholizes a fcc to major sources to cover approved this SIP originally in the

permitting ((//fhorff)', as a conditioll of permit and enforcement expenses. early 1980's and maSl recenlly on June

allY permit required /tllder 'his Act, a 25,2003 at 68 FR 37744.

fee sufficient 10 cover-

(i) lhe reasollable COSfS ofreviewing

alld acting lipon allY applicatioll for

stich a permit, alld

(if) ifthe owner or operator receives

a pemlit for SlIch source, the

reasonable costs ofimplemelltillg alld

enforcillg rhe terms {jlld COI/eli/iolls of

(Illy such permif (/lot il/cluding allY

COllrt costs or oIlier costs associated

wilh allY enforcement actioll), /fIllil

slIcllfee requiremellf is superseded

witll respect to such sources by the

Admillistrator's approval ofa fee

I pro~ralll I1llder title V;

§IlO(a)(2)(M) provide for collsllltarion alld SIP Section VI (Il1tergovemmellwl Codified at R307-110-7! EPA

participation by local political Cooperatioll) lists federal. state, and local approved this SIP originally in the

subdivisions affected by the plall. agencies involved in protecting air quality early 1980's and most recently on June

in Utah. 25,2003 at 68 FR 37744.

SIP Section XII (Transportatioll Codified at R307-110-20! EPA

COllformity Consulratioll) establishes the approved SIP Section Xl]

consultation procedures on transpol1i1tion Illvolvemellt! but it has been

conformity issues when preparing state superseded by SIP Section XII

lolans. Tnf1/SDortation COllformit\'

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§§110(a)(2)(C) &

lO(a)(2)(.I)

Pan C Permit program:

§110(a)(2)(J) meet the applicable

requirements of... part C (relatillg to

prevention ofsigllificant deterioratioll

ofair quality and visibility protection);

§//0(0)(2)(C) ... reglliarioll ofthe

modificatioll alld cOllstntctioll of allY

statiol/ary source wirhin the areas

covered by the plan as necessary to

assure that national ambient air

quality sf{lIIdard:i are achieved.

includillg a permit program as

required ill parts C and D;

40 CFR 51.166: Amelld P5D

regulations as required by the

November 29, 2005 filial rule (70 FR

7/6/2ar7/699-7/700).5eeoI5070

FR 7/67/-71684.

- SfP Section I (Legal AlltJlOrity).A.I.d.:

provides authority to prevent construction.

modification or operation of any stationary

source at any location where emissions

from Stich source will prevent the

attainment or maintenance of a national

standard or interfere with prevention of

significant deterioration requirements.

(AuthOlity Utah Code Section 19-2-108)

- SIP Section vm (PSD), describes the

program to prevent significant deterioration

of areas of the stale where the air is clean.

- srp 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)

COllsulTation. which was submitted to

EPA on June 26. 2007, but EPA has

not approved this SIP.

- Codified al R307-110-2/ EPA

approved this SIP oliglllally in the

early 1980's and most recently on June

25,2003 at 68 FR 37744.

- Codified at R307-11O-91 EPA

approved SIP Section Vill PSD, but It

has been updated and superseded by a

new SW Section VITI PSD. whIch was

submilled to EPA on September 15.

2006.

- Codified at R307-110-25/ EPA

approved this SIP in April 1997 and

most recently on June 25,2003 at 68

FR 37744.

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