UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 1595Wynkoop Street DENVER, CO 80202-11.29 Phone 800-227-8917 http://www.epa.gov/region08



### Ref: 8P-AR Cheryl Heying, Director Air Quality Division DepartmentofEnvironmental Quality P.O. Box 144820 Salt Lake City, DT 84114-4820
RE: Utah's Regional Haze State Implementation Plan, SectionXX
Dear Cheryl:
The purpose ofthis letter is to provide comments on Utah'sproposed Regional Haze State Implementation Plan (RH SIP) open for public commentuntil March 3, 2011. The proposed SIP addresses the regional haze requirements for Utah's mandatory Class I areas under 40 C.F.R. 51.309. We have completed an initial review ofthe proposed RH SIP and are providing ourpreliminary comments below.
1. Utah's proposed RH SIP does not contain a five factor BART analysis for NOx and PM, as required by 40 CFR §51.309(d)(4)(vii). States doing a 309 RH SIP must still do a BART analyses according to 40 CFR §51.308(e). Under40 CFR §51.308(e)(I)(ii)(A), states "musttake into consideration the technology available, the costs ofcompliance, the energy and non-air quality environmental impacts ofcompliance, any pollution control equipment in usc at the source, and the remaining useful life ofthe source." The Clean Air Act (CAA) 

### also requires States to considerthe five factors in making their BART determinations (see CAA §169A(g)(2».


### NOTE: Where five factor analyses have beencompleted consistentwith therules, they have generally resulted in substantial upgrades to pollution controls for nitrogen oxides (NOx). These upgrades will result in significantvisibility improvements. Therefore, full and effective implementation ofthisrequirementis very important.
2. Asproposed, the State's RH SIP does notcontain the elements necessary to make BART limits practically enforceable. Utah'sproposed SIP contains controls, emission limits and general schedules butdoes notinclude permitconditions specifying averaging times, record-keeping, monitoring, and specific schedules for compliance. The CAA 

### requires that SIPs, including the RH SIP, contain elements sufficient to ensure emission limits arepractically enforceable. l Other applicableregulatoryprovisions are contained in Appendix V to Part 51- Criteria for Determining the Completeness ofPlan Submissions.2 It is not sufficient to include these elements in a separate permit or agreement that is not made part oftbe SIP. EPA does not consider permit conditions adequateto meet this enforceability requirement, as permitconditions may be modified.
3. We also note that the BART guidelines require a 30-day averaging period for BART limits (see 70 FR 39172, col. 3, July 6,2005). We view a 30-day or shorter averaging period as being necessary to protect visibility in the nearby Class I areas, since visibility is sensitive to short term spikes in pollutants which contribute to visibility impairment.

We want to emphasize that we will only come to a final conclusion onthe adequacy of Utah's RH SIP when we act on the SIP through publiccomment and rulemaking. We want to acknowledge the State's efforts in revising the 309 Backstop Trading Program milestones. We have appreciated working with you and your staffduring this process. Ifyou have any questions. please contactMonica Morales at (303) 312-6936, or your staffmay contact Laurel Dygowski at (303) 312-6144. Sincerely,

# COL~/4f!~ Deborah Lebow-Aal, Acting Director Air Program

cc: Amanda Smith, Executive Director, UDEQ

I CAA Section II 0(a)(2) states that SIPs "shall (A) include enforceable emIssion limitations and othercontrol measures, means, ortechniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as schedules and timetables for compliance, as may be necessary or appropriate to meet the applicable requirements ofthis chapter; (C) include a program to provide for the enforcement ofthe measures described in subparagraph (A), and regulation ofthe modification and construction ofany stationary source within the areas covered by the plan as necessary to assure that national ambient air quality standards are achieved, including a permitprogram as required in parts C and D ofthis subchapter; (F) require, as may be prescribed by the Administrator

- (i) the installation, maintenance, and replacement ofequipment, and the implementation ofother necessary steps, by owners or operators ofstationary sources to monitor emissions from such sources, (ii) periodic reports on the nature and amounts ofemissions and emissions-related data from such sources, and (iii) correlation ofsuch reports by the State agency with any emission limitations or standards established pursuant to this chapter, which reports shall be available at reasonable times for public inspeclion"

2 Appendix V part 51 states in section 2.2 that complete SIPs comain: "(g) Evidence thatthe plan contains emission limitations, work practice standards and recordkeeping/reporting requirements, where necessary, to ensure emission leveIs": and" (h) CompIiance!enforcement strategies, including how compIiance wiII be determincd in practice

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