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R307. Environmental Quality, Air Quality. 

R307-101. General Requirements. 

R307-101-2. Definitions. 

Except where specified in individual rules, 

definitions in R307-101-2 are applicable to all rules adopted by 

the Air Quality Board. 

"Actual Emissions" means the actual rate of 

emissions of a pollutant from an emissions unit determined as 

follows: 

( 1) In general, actual emissions as of a particular 

date shall equal the average rate, in tons per year, at which the 

unit actually emitted the pollutant during a two-year period 

which precedes the particular date and which is representative 

of normal source operations. The director shall allow the use of 

a different time period upon a determination that it is more 

representative of normal source operation. Actual emissions 

shall be calculated using the unit's actual operating hours, 

production rates, and types of materials processed, stored, or 

combusted during the selected time period. 

(2) The director may presume that source-specific 

allowable emissions for the unit are equivalent to the actual 

emissions of the unit. 

(3) For any emission unit, other than an electric 

utility steam generating unit specified in ( 4 ), which has not 

begun normal operations on the particular date, actual 

emissions shall equal the potential to emit of the unit on that 

date. 

(4) For an electric utility steam generating unit 

(other than a new unit or the replacement of an existing unit) 

actual emissions of the unit following the physical or 

operational change shall equal the representative actual annual 

emissions of the unit, provided the source owner or operator 

maintains and submits to the director, on an annual basis for a 

period of 5 years from the date the unit resumes regular 

operation, information demonstrating that the physical or 

operational change did not result in an emissions increase. A 

longer period, not to exceed I 0 years, may be required by the 

director if the director determines such a period to be more 

representative of normal source post-change operations. 

"Acute Hazardous Air Pollutant" means any 

noncarcinogenic hazardous air pollutant for which a threshold 

limit value - ceiling (TL V -C) has been adopted by the 

American Conference of Governmental Industrial Hygienists 

(ACGIH) in its "Threshold Limit Values for Chemical 

Substances and Physical Agents and Biological Exposure 

Indices, (2009)." 

"Air Contaminant" means any particulate matter or 

any gas, vapor, suspended solid or any combination of them, 

excluding steam and water vapors (Section 19-2-102(1 )). 

"Air Contaminant Source" means any and all sources 

of emission of air contaminants whether privately or publicly 

owned or operated (Section 19-2-102(2)). 

"Air Pollution" means the presence in the ambient air 

of one or more air contaminants in such quantities and duration 

and under conditions and circumstances, as is or tends to be 

injurious to human health or welfare, animal or plant life, or 

property, or would unreasonably interfere with the enjoyment 

of life or use of property as determined by the standards, rules 

and regulations adopted by the Air Quality Board (Section 19-

2-104). 

"Allowable Emissions" means the emission rate of a 

source calculated using the maximum rated capacity of the 

source (unless the source is subject to enforceable limits which 

restrict the operating rate, or hours of operation, or both) and 

the emission limitation established pursuant to R307-401-8. 

"Ambient Air" means the surrounding or outside air 

(Section 19-2-102(4)). 

"Appropriate Authority" means the governing body 

of any city, town or county. 

"Atmosphere" means the air that envelops or 

surrounds the earth and includes all space outside of buildings, 

stacks or exterior ducts. 

"Authorized Local Authority" means a city, county, 

city-county or district health department; a city, county or 

combination fire department; or other local agency duly 

designated by appropriate authority, with approval of the state 

Department of Health; and other lawfully adopted ordinances, 

codes or regulations not in conflict therewith. 

"Board" means Air Quality Board. See Section 19-2-

102(8)(a). 

"Breakdown" means any malfunction or procedural 

error, to include but not limited to any malfunction or 

procedural error during start-up and shutdown, which will 

result in the inoperability or sudden loss of performance of the 

control equipment or process equipment causing emissions in 

excess of those allowed by approval order or Title R307. 

"BTU" means British Thermal Unit, the quantity of 

heat necessary to raise the temperature of one pound of water 

one degree Fahrenheit. 

"Calibration Drift" means the change in the 

instrument meter readout over a stated period of time of normal 

continuous operation when the voe concentration at the time 

of measurement is the same known upscale value. 

"Carbon Adsorption System" means a device 

containing adsorbent material (e.g., activated carbon, 

aluminum, silica gel), an inlet and outlet for exhaust gases, and 

a system for the proper disposal or reuse of all voe adsorbed. 

"Carcinogenic Hazardous Air Pollutant" means any 

hazardous air pollutant that is classified as a known human 

carcinogen (Al) or suspected human carcinogen (A2) by the 

American Conference of Governmental Industrial Hygienists 

(ACGIH) in its "Threshold Limit Values for Chemical 

Substances and Physical Agents and Biological Exposure 

Indices, (2009)." 

"Chargeable Pollutant" means any regulated air 

pollutant except the following: 

( 1) Carbon monoxide; 

(2) Any pollutant that is a regulated air pollutant 

solely because it is a Class I or II substance subject to a 

standard promulgated or established by Title VI of the Act, 

Stratospheric Ozone Protection; 

(3) Any pollutant that is a regulated air pollutant 

solely because it is subject to a standard or regulation under 

Section 112(r) of the Act, Prevention of Accidental Releases. 

"Chronic Hazardous Air Pollutant" means any 

noncarcinogenic hazardous air pollutant for which a threshold 

limit value - time weighted average (TLV-TWA) having no 
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threshold limit value - ceiling (TL V-C) has been adopted by the 

American Conference of Governmental Industrial Hygienists 

(ACGIH) in its "Threshold Limit Values for Chemical 

Substances and Physical Agents and Biological Exposure 

Indices, (2009)." 

"Clean Air Act" means federal Clean Air Act as 

amended in 1990. 

"Clean Coal Technology" means any technology, 

including technologies applied at the precombustion, 

combustion, or post combustion stage, at a new or existing 

facility which will achieve significant reductions in air 

emissions of sulfur dioxide or oxides of nitrogen associated 

with the utilization of coal in the generation of electricity, or 

process steam which was not in widespread use as of 

November 15, 1990. 

"Clean Coal Technology Demonstration Project" 

means a project using funds appropriated under the heading 

"Department of Energy-Clean Coal Technology," up to a total 

amount of $2,500,000,000 for commercial demonstration of 

clean coal technology, or similar projects funded through 

appropriations for the Environmental Protection Agency. The 

Federal contribution for a qualifying project shall be at least 20 

percent of the total cost of the demonstration project. 

"Clearing Index" means an indicator of the predicted 

rate of clearance of ground level pollutants from a given area 

This number is provided by the National Weather Service. 

"Commence" as applied to construction of a major 

source or major modification means that the owner or operator 

has all necessary pre-construction approvals or permits and 

either has: 

( 1) Begun, or caused to begin, a continuous program 

of actual on-site construction of the source, to be completed 

within a reasonable time; or 

(2) Entered into binding agreements or contractual 

obligations, which cannot be canceled or modified without 

substantial loss to the owner or operator, to undertake a 

program of actual construction of the source to be completed 

within a reasonable time. 

"Condensable PM2.5" means material that is vapor 

phase at stack conditions, but which condenses and/or reacts 

upon cooling and dilution in the ambient air to form solid or 

liquid particulate matter immediately after discharge from the 

stack. 

"Compliance Schedule" means a schedule of events, 

by date, which will result in compliance with these regulations. 

"Construction" means any physical change or change 

in the method of operation including fabrication, erection, 

installation, demolition, or modification of a source which 

would result in a change in actual emissions. 

"Control Apparatus" means any device which 

prevents or controls the emission of any air contaminant 

directly or indirectly into the outdoor atmosphere. 

"Department" means Utah State Department of 

Environmental Quality. See Section 19-1-103( 1 ). 

"Director" means the Director of the Division of Air 

Quality. See Section 19-1-103(1 ). 

"Division" means the Division of Air Quality. 

"Electric Utility Steam Generating Unit" means any 

steam electric generating unit that is constructed for the purpose 

of supplying more than one-third of its potential electric output 

capacity and more than 25 MW electrical output to any utility 

power distribution system for sale. Any steam supplied to a 

steam distribution system for the purpose of providing steam to 

a steam-electric generator that would produce electrical energy 

for sale is also considered in determining the electrical energy 

output capacity of the affected facility. 

"Emission" means the act of discharge into the 

atmosphere of an air contaminant or an effluent which contains 

or may contain an air contaminant; or the effluent so discharged 

into the atmosphere. 

"Emissions Information" means, with reference to 

any source operation, equipment or control apparatus: 

(1) Information necessary to determine the identity, 

amount, frequency, concentration, or other characteristics 

related to air quality of any air contaminant which has been 

emitted by the source operation, equipment, or control 

apparatus; 

(2) Information necessary to determine the identity, 

amount, frequency, concentration, or other characteristics (to 

the extent related to air quality) of any air contaminant which, 

under an applicable standard or limitation, the source operation 

was authorized to emit (including, to the extent necessary for 

such purposes, a description of the manner or rate of operation 

of the source operation), or any combination of the foregoing; 

and 

(3) A general description of the location and/or 

nature of the source operation to the extent necessary to 

identify the source operation and to distinguish it from other 

source operations (including, to the extent necessary for such 

purposes, a description of the device, installation, or operation 

constituting the source operation). 

"Emission Limitation" means a requirement 

established by the Board, the director or the Administrator, 

EPA, which limits the quantity, rate or concentration of 

emission of air pollutants on a continuous emission reduction 

including any requirement relating to the operation or 

maintenance of a source to assure continuous emission 

reduction (Section 302(k)). 

"Emissions Unit" means any part of a stationary 

source which emits or would have the potential to emit any 

pollutant subject to regulation under the Clean Air Act. 

"Enforceable" means all limitations and conditions 

which are enforceable by the Administrator, including those 

requirements developed pursuant to 40 CFR Parts 60 and 61, 

requirements within the State Implementation Plan and R307, 

any permit requirements established pursuant to 40 CFR 52.21 

or R307-401. 

"EPA" means Environmental Protection Agency. 

"EPA Method 9" means 40 CFR Part 60, Appendix 

A, Method 9, "Visual Determination of Opacity of Emissions 

from Stationary Sources," and Alternate 1, "Determination of 

the opacity of emissions from stationary sources remotely by 

LIDAR." 

"Executive Director" means the Executive Director 

of the Utah Department of Environmental Quality. See Section 

19-1-103(2). 
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"Existing Installation" means an installation, 

construction of which began prior to the effective date of any 

regulation having application to it. 

"Facility" means machinery, equipment, structures of 

any part or accessories thereof, installed or acquired for the 

primary purpose of controlling or disposing of air pollution. It 

does not include an air conditioner, fan or other similar device 

for the comfort of personnel. 

"Filterable PM2.5" means particles with an 

aerodynamic diameter equal to or less than 2.5 micrometers 

that are directly emitted by a source as a solid or liquid at stack 

or release conditions and can be captured on the filter of a stack 

test train. 

"Fireplace" means all devices both masonry or 

factory built units (free standing fireplaces) with a hearth, fire 

chamber or similarly prepared device connected to a chimney 

which provides the operator with little control of combustion 

air, leaving its fire chamber fully or at least partially open to the 

room. Fireplaces include those devices with circulating 

systems, heat exchangers, or draft reducing doors with a net 

thermal efficiency of no greater than twenty percent and are 

used for aesthetic purposes. 

"Fugitive Dust" means particulate, composed of soil 

and/or industrial particulates such as ash, coal, minerals, etc., 

which becomes airborne because of wind or mechanical 

disturbance of surfaces. Natural sources of dust and fugitive 

emissions are not fugitive dust within the meaning of this 

definition. 

"Fugitive Emissions" means emissions from an 

installation or facility which are neither passed through an air 

cleaning device nor vented through a stack or could not 

reasonably pass through a stack, chimney, vent, or other 

functionally equivalent opening. 

"Garbage" means all putrescible animal and 

vegetable matter resulting from the handling, preparation, 

cooking and consumption of food, including wastes attendant 

thereto. 

"Gasoline" means any petroleum distillate, used as a 

fuel for internal combustion engines, having a Reid vapor 

pressure of 4 pounds or greater. 

"Hazardous Air Pollutant (HAP)" means any 

pollutant listed by the EPA as a hazardous air pollutant in 

conformance with Section 112(b) of the Clean Air Act. A list 

of these pollutants is available at the Division of Air Quality. 

"Household Waste" means any solid or liquid 

material normally generated by the family in a residence in the 

course of ordinary day-to-day living, including but not limited 

to garbage, paper products, rags, leaves and garden trash. 

"Incinerator" means a combustion apparatus 

designed for high temperature operation in which solid, 

semisolid, liquid, or gaseous combustible wastes are ignited 

and burned efficiently and from which the solid and gaseous 

residues contain little or no combustible material. 

"Installation" means a discrete process with 

identifiable emissions which may be part of a larger industrial 

plant. Pollution equipment shall not be considered a separate 

installation or installations. 

"LPG" means liquified petroleum gas such as 

propane or butane. 

"Maintenance Area" means an area that is subject to 

the provisions of a maintenance plan that is included in the 

Utah state implementation plan, and that has been redesignated 

by EPA from nonattainment to attainment of any National 

Ambient Air Quality Standard. 

(a) The following areas are considered maintenance 

areas for ozone: 

(i) Salt Lake County, effective August 18, 1997; and 

(ii) Davis County, effective August 18, 1997. 

(b) The following areas are considered maintenance 

areas for carbon monoxide: 

(i) Salt Lake City, effective March 22, 1999; 

(ii) Ogden City, effective May 8, 2001; and 

(iii) Provo City, effective January 3, 2006. 

(c) The following areas are considered maintenance 

areas for PMIO: 

(i) Salt Lake County, effective on the date that EPA 

approves the maintenance plan that was adopted by the Board 

on July 6, 2005; and 

(ii) Utah County, effective on the date that EPA 

approves the maintenance plan that was adopted by the Board 

on July 6, 2005; and 

(iii) Ogden City, effective on the date that EPA 

approves the maintenance plan that was adopted by the Board 

on July 6, 2005. 

(d) The following area is considered a maintenance 

area for sulfur dioxide: all of Salt Lake County and the eastern 

portion of Tooele County above 5600 feet, effective on the date 

that EPA approves the maintenance plan that was adopted by 

the Board on January 5, 2005. 

"Major Modification" means any physical change in 

or change in the method of operation of a major source that 

would result in a significant net emissions increase of any 

pollutant. A net emissions increase that is significant for 

volatile organic compounds shall be considered significant for 

ozone. Within Salt Lake and Davis Counties or any 

nonattainment area for ozone, a net emissions increase that is 

significant for nitrogen oxides shall be considered significant 

for ozone. Within areas of nonattainment for PMIO, a 

significant net emission increase for any PMIO precursor is 

also a significant net emission increase for PMIO. A physical 

change or change in the method of operation shall not include: 

( 1) routine maintenance, repair and replacement; 

(2) use of an alternative fuel or raw material by 

reason of an order under section 2(a) and (b) of the Energy 

Supply and Environmental Coordination Act of 1974, or by 

reason of a natural gas curtailment plan pursuant to the Federal 

Power Act; 

(3) use of an alternative fuel by reason of an order or 

rule under section 125 of the federal Clean Air Act; 

(4) use of an alternative fuel at a steam generating 

unit to the extent that the fuel is generated from municipal solid 

waste; 

(5) use of an alternative fuel or raw material by a 

source: 

(a) which the source was capable of accommodating 

before January 6, 1975, unless such change would be 

prohibited under any enforceable permit condition; or 

(b) which the source is otherwise approved to use; 
E - 13

(6) an increase in the hours of operation or in the 

production rate unless such change would be prohibited under 

any enforceable permit condition; 

(7) any change in ownership at a source 

(8) the addition, replacement or use of a pollution 

control project at an existing electric utility steam generating 

unit, unless the director determines that such addition, 

replacement, or use renders the unit less environmentally 

beneficial, or except: 

(a) when the director has reason to believe that the 

pollution control project would result in a significant net 

increase in representative actual annual emissions of any 

criteria pollutant over levels used for that source in the most 

recent air quality impact analysis in the area conducted for the 

purpose ofTitle I of the Clean Air Act, if any, and 

(b) the director determines that the increase will 

cause or contribute to a violation of any national ambient air 

quality standard or PSD increment, or visibility limitation. 

(9) the installation, operation, cessation, or removal 

of a temporary clean coal technology demonstration project, 

provided that the project complies with: 

(a) the Utah State Implementation Plan; and 

(b) other requirements necessary to attain and 

maintain the national ambient air quality standards during the 

project and after it is terminated. 

"Major Source" means, to the extent provided by the 

federal Clean Air Act as applicable to R307: 

(I) any stationary source of air pollutants which 

emits, or has the potential to emit, one hundred tons per year or 

more of any pollutant subject to regulation under the Clean Air 

Act; or 

(a) any source located in a nonattainment area for 

carbon monoxide which emits, or has the potential to emit, 

carbon monoxide in the amounts outlined in Section 187 of the 

federal Clean Air Act with respect to the severity of the 

nonattainment area as outlined in Section 187 of the federal 

Clean Air Act; or 

(b) any source located in Salt Lake or Davis 

Counties or in a nonattainment area for ozone which emits, or 

has the potential to emit, voe or nitrogen oxides in the 

amounts outlined in Section 182 of the federal Clean Air Act 

with respect to the severity of the nonattainment area as 

outlined in Section 182 of the federal Clean Air Act; or 

( c) any source located in a nonattainment area for 

PMIO which emits, or has the potential to emit, PMIO or any 

PMIO precursor in the amounts outlined in Section 189 of the 

federal Clean Air Act with respect to the severity of the 

nonattainment area as outlined in Section 189 of the federal 

Clean Air Act. 

(2) any physical change that would occur at a source 

not qualifying under subpart I as a major source, if the change 

would constitute a major source by itself; 

(3) the fugitive emissions and fugitive dust of a 

stationary source shall not be included in determining for any 

of the purposes of these R307 rules whether it is a major 

stationary source, unless the source belongs to one of the 

following categories of stationary sources: 

(a) Coal cleaning plants (with thermal dryers); 

(b) Kraft pulp mills; 

(c) Portland cement plants; 

(d) Primary zinc smelters; 

( e) Iron and steel mills; 

(t) Primary aluminum or reduction plants; 

(g) Primary copper smelters; 

(h) Municipal incinerators capable of charging more 

than 250 tons of refuse per day; 

(i) Hydrofluoric, sulfuric, or nitric acid plants; 

G) Petroleum refineries; 

(k) Lime plants; 

(1) Phosphate rock processing plants; 

(m) Coke oven batteries; 

(n) Sulfur recovery plants; 

(o) Carbon black plants (furnace process); 

(p) Primary lead smelters; 

( q) Fuel conversion plants; 

(r) Sintering plants; 

(s) Secondary metal production plants; 

(t) Chemical process plants; 

(u) Fossil-fuel boilers (or combination thereof) 

totaling more than 250 million British Thermal Units per hour 

heat input; 

(v) Petroleum storage and transfer units with a total 

storage capacity exceeding 300,000 barrels; 

(w) Taconite ore processing plants; 

(x) Glass fiber processing plants; 

(y) Charcoal production plants; 

(z) Fossil fuel-fired steam electric plants of more 

than 250 million British Thermal Units per hour heat input; 

(aa) Any other stationary source category which, as 

of August 7, 1980, is being regulated under section 111 or 112 

of the federal Clean Air Act. 

"Modification" means any planned change in a 

source which results in a potential increase of emission. 

"National Ambient Air Quality Standards (NAAQS)" 

means the allowable concentrations of air pollutants in the 

ambient air specified by the Federal Government (Title 40, 

Code of Federal Regulations, Part 50). 

"Net Emissions Increase" means the amount by 

which the sum of the following exceeds zero: 

(I) any increase in actual emissions from a particular 

physical change or change in method of operation at a source; 

and 

(2) any other increases and decreases in actual 

emissions at the source that are contemporaneous with the 

particular change and are otherwise creditable. For purposes of 

determining a "net emissions increase": 

(a) An increase or decrease in actual emissions is 

contemporaneous with the increase from the particular change 

only if it occurs between the date five years before construction 

on the particular change commences; and the date that the 

increase from the particular change occurs. 

(b) An increase or decrease in actual emissions is 

creditable only if it has not been relied on in issuing a prior 

approval for the source which approval is in effect when the 

increase in actual emissions for the particular change occurs. 

( c) An increase or decrease in actual emission of 

sulfur dioxide, nitrogen oxides or particulate matter which 

occurs before an applicable minor source baseline date is 
E - 14

creditable only if it is required to be considered in calculating 

the amount of maximum allowable increases remaining 

available. With respect to particulate matter, only PMlO 

emissions will be used to evaluate this increase or decrease. 

(d) An increase in actual emissions is creditable only 

to the extent that the new level of actual emissions exceeds the 

old level. 

(e) A decrease in actual emissions is creditable only 

to the extent that: 

(i) The old level of actual emissions or the old level 

of allowable emissions, whichever is lower, exceeds the new 

level of actual emissions; 

(ii) It is enforceable at and after the time that actual 

construction on the particular change begins; and 

(iii) It has approximately the same qualitative 

significance for public health and welfare as that attributed to 

the increase from the particular change. 

(iv) It has not been relied on in issuing any permit 

under R307-401 nor has it been relied on in demonstrating 

attainment or reasonable further progress. 

(t) An increase that results from a physical change at 

a source occurs when the emissions unit on which construction 

occurred becomes operational and begins to emit a particular 

, pollutant. Any replacement unit that requires shakedown 

becomes operational only after a reasonable shakedown period, 

not to exceed 180 days. 

''New Installation" means an installation, 

construction of which began after the effective date of any 

regulation having application to it. 

''Nonattainment Area" means an area designated by 

the Environmental Protection Agency as nonattainment under 

Section 107, Clean Air Act for any National Ambient Air 

Quality Standard. The designations for Utah are listed in 40 

CFR81.345. 

"Offset" means an amount of emission reduction, by 

a source, greater than the emission limitation imposed on such 

source by these regulations and/or the State Implementation 

Plan. 

"Opacity" means the capacity to obstruct the 

transmission of light, expressed as percent. 

"Open Burning" means any burning of combustible 

materials resulting in emission of products of combustion into 

ambient air without passage through a chimney or stack. 

"Owner or Operator" means any person who owns, 

leases, controls, operates or supervises a facility, an emission 

source, or air pollution control equipment. 

"PSD" Area means an area designated as attainment 

or unclassifiable under section 107(d)(l)(D) or (E) of the 

federal Clean Air Act. 

"PM2.5" means particulate matter with an 

aerodynamic diameter less than or equal to a nominal 2.5 

micrometers as measured by an EPA reference or equivalent 

method. 

"PM2.5 Precursor" means any chemical compound 

or substance which, after it has been emitted into the 

atmosphere, undergoes chemical or physical changes that 

convert it into particulate matter, specifically PM2.5, and has 

been identified in the applicable implementation plan for 

PM2.5 as significant for the purpose of developing control 

measures. Specifically, PM2.5 precursors include S02, NOx, 

and voe. 

"PMlO" means particulate matter with an 

aerodynamic diameter less than or equal to a nominal 10 

micrometers as measured by an EPA reference or equivalent 

method. 

"PM 10 Precursor" means any chemical compound or 

substance which, after it has been emitted into the atmosphere, 

undergoes chemical or physical changes that convert it into 

particulate matter, specifically PMlO. 

"Part 70 Source" means any source subject to the 

permitting requirements ofR307-415. 

"Person" means an individual, trust, firm, estate, 

company, corporation, partnership, association, state, state or 

federal agency or entity, municipality, commission, or political 

subdivision of a state. (Subsection 19-2-103( 4)). 

"Pollution Control Project" means any activity or 

project at an existing electric utility steam generating unit for 

purposes of reducing emissions from such unit. Such activities 

or projects are limited to: 

( 1) The installation of conventional or innovative 

pollution control technology, including but not limited to 

advanced flue gas desulfurization, sorbent injection for sulfur 

dioxide and nitrogen oxides controls and electrostatic 

precipitators; 

(2) An activity or project to accommodate switching 

to a fuel which is less polluting than the fuel used prior to the 

activity or project, including, but not limited to natural gas or 

coal reburning, or the cofiring of natural gas and other fuels for 

the purpose of controlling emissions; 

(3) A permanent clean coal technology 

demonstration project conducted under Title II, sec. lOl(d) of 

the Further Continuing Appropriations Act of 1985 (sec. 

5903(d) of title 42 of the United States Code), or subsequent 

appropriations, up to a total amount of $2,500,000,000 for 

commercial demonstration of clean coal technology, or similar 

projects funded through appropriations for the Environmental 

Protection Agency; or 

(4) A permanent clean coal technology 

demonstration project that constitutes a repowering project. 

"Potential to Emit" means the maximum capacity of a 

source to emit a pollutant under its physical and operational 

design. Any physical or operational limitation on the capacity 

of the source to emit a pollutant including air pollution control 

equipment and restrictions on hours of operation or on the type 

or amount of material combusted, stored, or processed shall be 

treated as part of its design if the limitation or the effect it 

would have on emissions is enforceable. Secondary emissions 

do not count in determining the potential to emit of a stationary 

source. 

"Primary PM2.5" means the sum of filterable PM2.5 

and condensable PM2.5. 

"Process Level" means the operation of a source, 

specific to the kind or type of fuel, input material, or mode of 

operation. 

"Process Rate" means the quantity per unit of time of 

any raw material or process intermediate consumed, or product 

generated, through the use of any equipment, source operation, 

or control apparatus. For a stationary internal combustion unit 
E - 15

.-----------------------------------------------

or any other fuel burning equipment, this term may be 

expressed as the quantity of fuel burned per unit of time. 

"Reactivation of a Very Clean Coal-Fired Electric 

Utility Steam Generating Unit" means any physical change or 

change in the method of operation associated with the 

commencement of commercial operations by a coal-fired utility 

unit after a period of discontinued operation where the unit: 

(I) Has not been in operation for the two-year period 

prior to the enactment of the Clean Air Act Amendments of 

1990, and the emissions from such unit continue to be carried 

in the emission inventory at the time of enactment; 

(2) Was equipped prior to shutdown with a 

continuous system of emissions control that achieves a removal 

efficiency for sulfur dioxide of no less than 85 percent and a 

removal efficiency for particulates of no less than 98 percent; 

(3) Is equipped with low-NOx burners prior to the 

time of commencement of operations following reactivation; 

and 

(4) Is otherwise in compliance with the requirements 

of the Clean Air Act. 

"Reasonable Further Progress" means annual 

incremental reductions in emission of an air pollutant which are 

sufficient to provide for attainment of the NAAQS by the date 

identified in the State Implementation Plan. 

"Refuse" means solid wastes, such as garbage and 

trash. 

"Regulated air pollutant" means any of the following: 

(a) Nitrogen oxides or any volatile organic 

compound; 

(b) Any pollutant for which a national ambient air 

quality standard has been promulgated; 

(c) Any pollutant that is subject to any standard 

promulgated under Section 111 of the Act, Standards of 

Performance for New Stationary Sources; 

(d) Any Class I or II substance subject to a standard 

promulgated under or established by Title VI of the Act, 

Stratospheric Ozone Protection; 

(e) Any pollutant subject to a standard promulgated 

under Section 112, Hazardous Air Pollutants, or other 

requirements established under Section 112 of the Act, 

including Sections l 12(g), G), and (r) of the Act, including any 

of the following: 

(i) Any pollutant subject to requirements under 

Section l 12(j) of the Act, Equivalent Emission Limitation by 

Permit. If the Administrator fails to promulgate a standard by 

the date established pursuant to Section 112( e) of the Act, any 

pollutant for which a subject source would be major shall be 

considered to be regulated on the date 18 months after the 

applicable date established pursuant to Section l 12(e) of the 

Act; 

(ii) Any pollutant for which the requirements of 

Section l 12(g)(2) of the Act (Construction, Reconstruction and 

Modification) have been met, but only with respect to the 

individual source subject to Section l 12(g)(2) requirement. 

"Repowering" means replacement of an existing 

coal-fired boiler with one of the following clean coal 

technologies: atmospheric or pressurized fluidized bed 

combustion, integrated gasification combined cycle, 

magnetohydrodynamics, direct and indirect coal-fired turbines, 

integrated gasification fuel cells, or as determined by the 

Administrator, in consultation with the Secretary of Energy, a 

derivative of one or more of these technologies, and any other 

technology capable of controlling multiple combustion 

emissions simultaneously with improved boiler or generation 

efficiency and with significantly greater waste reduction 

relative to the performance of technology in widespread 

commercial use as of November 15, 1990. 

(I) Repowering shall also include any oil and/or gasfired unit which has been awarded clean coal technology 

demonstration funding as of January l, 1991, by the 

Department of Energy. 

(2) The director shall give expedited consideration 

to permit applications for any source that satisfies the 

requirements of this definition and is granted an extension 

under section 409 of the Clean Air Act. 

"Representative Actual Annual Emissions" means the 

average rate, in tons per year, at which the source is projected 

to emit a pollutant for the two-year period after a physical 

change or change in the method of operation of unit, (or a 

different consecutive two-year period within IO years after that 

change, where the director determines that such period is more 

representative of source operations), considering the effect any 

such change will have on increasing or decreasing the hourly 

emissions rate and on projected capacity utilization. In 

projecting future emissions the director shall: 

(l) Consider all relevant information, including but 

not limited to, historical operational data, the company's own 

representations, filings with the State of Federal regulatory 

authorities, and compliance plans under title IV of the Clean 

Air Act; and 

(2) Exclude, in calculating any increase in emissions 

that results from the particular physical change or change in the 

method of operation at an electric utility steam generating unit, 

that portion of the unit's emissions following the change that 

could have been accommodated during the representative 

baseline period and is attributable to an increase in projected 

capacity utilization at the unit that is unrelated to the particular 

change, including any increased utilization due to the rate of 

electricity demand growth for the utility system as a whole. 

"Residence" means a dwelling in which people live, 

including all ancillary buildings. 

"Residential Solid Fuel Burning" device means any 

residential burning device except a fireplace connected to a 

chimney that bums solid fuel and is capable of, and intended 

for use as a space heater, domestic water heater, or indoor 

cooking appliance, and has an air-to-fuel ratio less than 35-to-l 

as determined by the test procedures prescribed in 40 CFR 

60.534. It must also have a useable firebox volume ofless than 

6.10 cubic meters or 20 cubic feet, a minimum bum rate less 

than 5 kilograms per hour or 11 pounds per hour as determined 

by test procedures prescribed in 40 CFR 60.534, and weigh less 

than 800 kilograms or 362.9 pounds. Appliances that are 

described as prefabricated fireplaces and are designed to 

accommodate doors or other accessories that would create the 

air starved operating conditions of a residential solid fuel 

burning device shall be considered as such. Fireplaces are not 

included in this definition for solid fuel burning devices. 

"Road" means any public or private road. 
E - 16

"Salvage Operation" means any business, trade or 

industry engaged in whole or in part in salvaging or reclaiming 

any product or material, including but not limited to metals, 

chemicals, shipping containers or drums. 

"Secondary Emissions" means emissions which 

would occur as a result of the construction or operation of a 

major source or major modification, but do not come from the 

major source or major modification itself. 

Secondary emissions must be specific, well defined, 

quantifiable, and impact the same general area as the source or 

modification which causes the secondary emissions. Secondary 

emissions include emissions from any off-site support facility 

which would not be constructed or increase its emissions 

except as a result of the construction or operation of the major 

source or major modification. Secondary emissions do not 

include any emissions which come directly from a mobile 

source such as emissions from the tailpipe of a motor vehicle, 

from a train, or from a vessel. 

Fugitive emissions and fugitive dust from the source 

or modification are not considered secondary emissions. 

"Secondary PM2.5" means particles that form or 

grow in mass through chemical reactions in the ambient air 

well after dilution and condensation have occurred. Secondary 

PM2.5 is usually formed at some distance downwind from the 

source. 

"Significant" means: 

(1) In reference to a net emissions increase or the 

potential of a source to emit any of the following pollutants, a 

rate of emissions that would equal or exceed any of the 

following rates: 

Carbon monoxide: 100 ton per year ( tpy ); 

Nitrogen oxides: 40 tpy; 

Sulfur dioxide: 40 tpy; 

PMlO: 15 tpy; 

PM2.5: 10 tpy; 

Particulate matter: 25 tpy; 

Ozone: 40 tpy of volatile organic compounds; 

Lead: 0.6 tpy. 

"Solid Fuel" means wood, coal, and other similar 

organic material or combination of these materials. 

"Solvent" means organic materials which are liquid 

at standard conditions (Standard Temperature and Pressure) 

and which are used as dissolvers, viscosity reducers, or 

cleaning agents. 

"Source" means any structure, building, facility, or 

installation which emits or may emit any air pollutant subject to 

regulation under the Clean Air Act and which is located on one 

or more continuous or adjacent properties and which is under 

the control of the same person or persons under common 

control. A building, structure, facility, or installation means all 

of the pollutant-emitting activities which belong to the same 

industrial grouping. Pollutant-emitting activities shall be 

considered as part of the same industrial grouping if they 

belong to the same "Major Group" (i.e. which have the same 

two-digit code) as described in the Standard Industrial 

Classification Manual, 1972, as amended by the 1977 

Supplement (US Government Printing Office stock numbers 

4101-0065 and 003-005-00176-0, respectively). 

"Stack" means any point in a source designed to emit 

solids, liquids, or gases into the air, including a pipe or duct but 

not including flares. 

"Standards of Performance for New Stationary 

Sources" means the Federally established requirements for 

performance and record keeping (Title 40 Code of Federal 

Regulations, Part 60). 

"State" means Utah State. 

"Temporary" means not more than 180 calendar 

days. 

"Temporary Clean Coal Technology Demonstration 

Project" means a clean coal technology demonstration project 

that is operated for a period of 5 years or less, and which 

complies with the Utah State Implementation Plan and other 

requirements necessary to attain and maintain the national 

ambient air quality standards during the project and after it is 

terminated. 

"Threshold Limit Value - Ceiling (TLV-C)" means 

the airborne concentration of a substance which may not be 

exceeded, as adopted by the American Conference of 

Governmental Industrial Hygienists in its "Threshold Limit 

Values for Chemical Substances and Physical Agents and 

Biological Exposure Indices, (2009)." 

"Threshold Limit Value - Time Weighted Average 

(TL V-TW A)" means the time-weighted airborne concentration 

of a substance adopted by the American Conference of 

Governmental Industrial Hygienists in its "Threshold Limit 

Values for Chemical Substances and Physical Agents and 

Biological Exposure Indices, (2009)." 

"Total Suspended Particulate (TSP)" means minute 

separate particles of matter, collected by high volume sampler. 

"Toxic Screening Level" means an ambient 

concentration of an air contaminant equal to a threshold limit 

value - ceiling (TL V- C) or threshold limit value -time 

weighted average (TL V-TWA) divided by a safety factor. 

"Trash" means solids not considered to be highly 

flammable or explosive including, but not limited to clothing, 

rags, leather, plastic, rubber, floor coverings, excelsior, tree 

leaves, yard trimmings and other similar materials. 

"Volatile Organic Compound (VOC)" means VOC 

as defined in 40 CFR 51.IOO(s), effective as of the date 

referenced in R307-101-3, is hereby adopted and incorporated 

by reference. 

"Waste" means all solid, liquid or gaseous material, 

including, but not limited to, garbage, trash, household refuse, 

construction or demolition debris, or other refuse including that 

resulting from the prosecution of any business, trade or 

industry. 

"Zero Drift" means the change in the instrument 

meter readout over a stated period of time of normal continuous 

operation when the voe concentration at the time of 

measurement is zero. 

KEY: air pollution, definitions 

Date of Enactment or Last Substantive Amendment: 

February 1, 2013 

Notice of Continuation: July 2, 2009 

Authorizing, and Implemented or Interpreted Law: 19-2-

104(1)(a)