STATE OF U TAH 

~Qa, tJ ~P- Yf-~ 

APR 2 6 2011 . 

GARY R. HERBERT 

GOVERNOR 

OFFICE OF THE GOVERNOR 

SALT LAKE CITY, UTAH 

84114-2220 

GREG BELL 

LIEUTENANT GOVERNOR 

April 14, 2011 

James B. Martin, Regional Administrator 

US EPA Region 8 

1595 Wynkoop Street 

Denver, CO 80202-1129 

Dear Mr. Martin: 

Enclosed for your approval are revisions to R307-405-3, Permits: Major 

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

Permits: Operating Permit Requirements. Definitions; R307-40l-9, Permit: New and 

Modified Sources. Small Source J:.,xemption; and R307-401-7, Permit: New and 

Modified Sources. Public Notice. 

The amendments to R307-405-3 and R307-415-3 incorporated changes to Title 

40 of the Code of Federal Regulations (CFR) that address greenhouse gas (GHG) 

emissions from stationary sources, required by the May 13, 2010, EPA final rule. The 

amendments to R307 -401-9 exclude sources from the requirement to obtain an 

Approval Order if their GHG emissions are below the thresholds established by EPA. 

The nonsubstantive change to R307-401 -7 corrected missing parentheses in 

R307-401-7(iv)(B). 

Supporting documentation is being submitted by the Utah Division of Air 

Quality. If you have questions about this request, please call Regg Olsen, Acting 

Director ofthe Utah Division of Air Quality at (801) 536-4165. Thank you. 

Enclosures 

Sincerely, 

~ fL. tJu-t,..._+-

Gary R. Herbett 

Governor 

- . . 

R307-401-9 

DAR No. 34051, AMD 

Effective 01/01/2011 
R307. Enl-ironmental Quality, Air Qwllity. 

R307-401. Pennit: New and Modirted Sou~ 

R307-40t-9. Small Source Exemption. 

(I) A small staUonary source is exempted from the 

requirement to obt:Jin an approval order in R307-401-S 

through 8 if the following conditions are met. 

(a) iL~ actual emissions are less than 5 tons per year 

per air contaminant of any of the following air contaminants: 

sulfur dioxide, carhon monoxide, nitrogen oxides, PM11 ... 

07.one, or volatile organic compo\mds; 

(b) its ~1ual cmis.~ions are le~'> than 500 pounds 

per year of nny ha7.ardous air pollutant and less than 2000 

pound:; per year of any combinntion of ha72rdous air 

pollulnnts; 

(c) its actual emissions are less than 500 pounds per 

year of any air contaminant not listed in (a)( or (b) above and 

less than 2000 pounds per year of any combination of air 

contarninnnts not lisled in (a) or (b) above. 

(d) Air conuuninants that nre drawn from the 

environment through equipment in intake air and then are 

released bock to the em·ironment without chemical change, as 

well a.c; carbon dioxide, nitrogen, oxygen, argon, neon, helium, 

krypton, xenon should not be included in emission 

calculatiom when determining applicability under (a) through 

(c) above. 

(2) lbe owner or operator of a source that is 

exempted ftom the requirement to obtain an approval order 

under (1) above shall no longer be exempt if actual emissions 

in any subsequent year exceed the emission tll!'e"holds in (I) 

above. Ibe owner or operator shall submit a notice of intent 

under R307-401-5 no later than 180 days after the end of the 

calendar ye3r in which the :'!Ource exceeded the emission 

threshold. 

(3) Small Source 1-.:Xcmption • Registration. The 

executive secretary will maintain a registry of sources that are 

claiming an exemption under R307-401-9. The owner or 

operator of a ouationnry source that is claiming an exemption 

under R307-401-9 may submit a written registration notice to 

the executive secretary. The notice shall include the following 

minimum information: 

(a) identifying information, including company 

name Wid address, locution of sow-co, telephone nwnlx:r, <md 

name of plant site manager or point of contact; 

(b) a description of the nature of the processes 

involved, equipment, lllltlcipated quantities of materials used, 

the type and quantity of fuel employed and nature and 

quantity of the finished product; 

(c) identification of expected emissions; 

(d) estimated annual emission rates; 

(e) any control apporutUS used; and 

(I) typical operating schedule. 

(4) An exemption under R307-401-9 does not 

affect the requirements of R307-401-17, Tempornry 

Relocation. 

(5) A stationnry source that is not required to obtain 

a permit under R307-405 for greenhouse gases, as defined in 

R307-405-3(9){a), is not n.'<tuircd to obtam an approval order 

for greenhou.o;e gases under R307-401. This exemption does 

not affect the requirement to obtain an approval order for any 

other nir contaminant emitted by the statiorwy source. 

KEY: uir poUutioo, permits, .approl-'81 orders. gnenbo~Ue 

gases 

Date of Eoartmeot or L.a.~t Substanthe Amelldmcnt: 

January 1, 201l 

~otire ofContin11.1tioa: July 13,2007 

Authorizing. and Implemented or lnterprcted Law: 19-2-

104(3)(q); 19-2·108 
R307-405-3 

DAR No. 34052 

Effective 01/01/2011 
NOTICES OF 

RULE EFFECTIVE DATES 

State law provioes for agencies to m<~ke the·r rules effective and enforceable after publication In the Utah StatE' 

Bulletin. In the case of Proposed Rules or Changes rn Proposed Rules with a designated comment period the Jaw 

permtts an agency to file a notice of eftecttve date any t1me after the close of comment plus seven days. In the case 

of Changes in Proposed Rules with no des1gnated comment period, the Jaw permits an agency to file a notice of 

effective date on any date 1ncluding or after the thirtieth day after the rule's publication date If an agency fails to file 

o 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 Sect1ons R15-4-5a and Sb. 

Abbreviations 

AMO =Amendment 

CPR = Change ,, Proposed Rule 

NEW = New Rule 

R&R = Repeal & Reenact 

REP= Repeal 

~hohc B~erp_ge Control 

Administration 

No. 34058 (AMD)' R81-7-1 ApplicatiOn Guidelines 

Published 10/01/2010 

Effective 11/17/2010 

Commerce 

Occupational and Professional Licensing 

No. 34120 (AMD): R 156-9 Funeral Service Licensing Act 

Rules 

Published· 10115/2010 

Effective· 11/291201C 

No. 34123 (AMD ): R 156-11 a. Barber, Cosmetolog1st!Barber, 

Esthetician, Electrologist. and Nail Techmcian Licensmg Act 

Rule 

Published: 10/1512010 

Effective 11/291:>01 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: 10/15/2010 

Effective: 11/22/2010 

No. 34111 (AMD): R156-55b. Electricians Llcensmg Rule 

Published: 10/15/2010 

Effective: 1112212010 

No. 34116 (AMD). R156-55c. Construction Trades Uceusing 

Act Plumber Licensmg Rule 

Published: 10/15/2010 

Effective 11/221201 0 

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

Licensing Act Burglar Alam1 Licensmg Rule 

Published· 10/15/2010 

Effective 11/22i201 0 

Real Estate 

No 34097 tAMD)· R162-2c-202 Qualifications for L1censure 

Published: 10/1512010 

Effective. 11/22/2010 

Secunties 

No. 34121 (AMD): Ri64-2-2 Custody Requirements for 

lnvestmentAdv1sers 

Published: 10/15!2010 

Effective 11/2212010 

No. 34126 (AMD.): R164-4. Licensrng Requirements 

Published: 1 0/15!20 1 0 

Effective: 11/22/2 01 0 

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

Adviser Books and Records 

Published: 10/1512010 

Effectrve; 11/2212010 

n 

Air Quality 

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

Published: 09/15!2010 

Effective: 01/01/2011 

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

Published: 09/151201 0 

Effective: 01/01/2011 

No 34053 (AMD): R307-415-3 Defmrtions 

Published: 09/15/2010 

Effect1ve: 01/0112011 

Water Quality 

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

Published· 09/01/2010 

Effective: 11/19/2010 

77 
R307. Environmental Quality, Air Qua lily. 

R307-405. Permits: Major &mrces in Attainment or 

Unclassified An:as (PSD). 

RJU7-40S..3. Definitions. 

(I) Except as provided in (2) bclo~. the definitions 

contained in 40 CFR 52.2l(b) are hereby incorporated by 

reference. 

(2)(a)(i) "Major Source Rascline Dare" means: 

(A) in the case of particulate mnttcr: 

(1) for Davis, Salt Lake, Utah and Weber Counties, 

the date that EPA approves the PM I 0 maintenance plan thnt 

was ad<lploo by the Board on July 6. 2005; 

(II) for all other areas of the State. J~muary 6, I 975; 

(B) in the case of sulfur dioxide: 

(1) for Salt Lake County, the date that EPA 

approves the sulfur dioxide maiutenatll;t: plan that was 

adopted by the Board on January 5, 2005; 

(TI) for all other orcas of the State. January 6, 1975: 

and 

(C) in the case of nitn>gen d1oxide. February 8, 

1988. 

(ii) "Minor Source Baseline Date• means the 

earliest da1e after the aigger date on ~hich a major stationary 

source or a major modification subject to 40 CFR 52.21 or 

R307-405 submits a complete application under the relevant 

regulations. The trigger dale is: 

(A) In the ca~ or pnrticulatc matter and sulfur 

dia>xide, August 7. 1977, nnd 

(B) in the ca.-;e of nitrogen dioxide, Febnl81)' 8, 

1988. 

(iii) The baseline date i> ~"1ablished for each 

pollutant for which increments or other equivalent mea:.'UI'CS 

have been established if: 

(A) the area in which the proposed source or 

modification would construct is designated as anairunent or 

tmelac;sifiable wlder section 107(d)(i)(D) or (E) of the Act fur 

the pollutant on the date of iL~ oomplt .. 1e application under 40 

CFR 5221 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 n significant net 

emissions increa~e 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 amount of 

available PM I 0 increments, except that the cxc:cutiw 

secretary shall rescind a minor source baseline date where it 

can be sho"'n. to the satisfaction •>f the executive secretary. 

th.1t the emissions increase fmrn the major stationary source, 

or net emissions increase lrwn the rn<\ior modification, 

responsible for triggering that date did not result in a 

significant amount of PM 10 crnbsin1\~. 

(b) In the dtlfinilion of "baseline area" in 40 CFR 

52.2l(bl(l5)(ii)(b) insert the words "or RJ07-405" after "Is 

subject to 40 CFR 52.21". 

(c) "Reviewing Authority" means the executive 

(d)(i) The term "Administrator" shall be changed to 

"executive secretary• throughout R307-405, except a.~ 

provided in (ii). 

(ii) The tenn "Administmtor~ shall be changed to 

"EPA Administrator" in the following incorporated sections: 

tA) 40 CFR52.21(b)(17), 

(B) 40 CFR 52.21(b)(37)(i). 

(C) 40 CFR 52.21(b)(43). 

(D) 40 CFR 52.2l(b)(48)(ii)(c), 

(E) 40 CFR 52.2l(b)(50)(i). 

(F) 40 CFR 5221 (1)(2), 

(G) 40 Cf-1U2.2l(p)(2), and 

(H) 40 CFR 51.166(q)(2)(iv). 

(e) The following detinitions or port1111S of 

definitions dJ.at apply to the equipment repair and replncemeot 

provisions are not inrorporutt.'<l because the~e provisions were 

vacated by the DC Circuit Court of Appeals on March 17, 

2006: 

(i) in the definition major modification in 40 CI'R 

5221(b)(2), the se<:ond sentence in subparagraph (iii)( a). 

(ii) the definition of "process unitft in 40 CFR 

S2.21(b)(55). 

(iii) the definition of "functionally equivalent 

component" in40 CFR521l(b)(S6), 

· (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 lhe definition of "Regulated NSR pollutant'' 

in 40 CFR 522l(b)(50), subparngraph (iv) shall be changed to 

read, ft Any pollutant that otherwise is subject to regulation 

under the Act.• A new $Ubparagruph (v) shall be added that 

re.ld.<;, "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 

scx:tion 112(b)(2) of the federul Clean Air Act, and which have 

not been delisted pursuant to section 112(b)(3) of the feder.tl 

Clean Air Act, unless the listed hazardous air pollutant is also 

regulated as a constituent or precursor of n general pollut1mt 

listed under section I 08 of the fedeml Clean Air Act" 

(3) "Air Qunlity Related Values," as used in 

analyses under 40 CFR 52.21 (p) d~at i~ incorporated by 

reference in R307-40S-17, means those special ataibutes of a 

Class I area, assigned by n federul IMd manager, that nrc 

adversely aflected by air quality. 

(4) •Heat input" menm heat input as defined in 40 

CFR 52.01(g). that is hen.-by incorporated by reference. 

(S) "Title V permit" means any pennit or group of 

permits covering a Part 70 source that is issued. renewed, 

amended, or revised pursuant to R307 -4 I 5. 

(6) "Title V Operating Penni! Program" mt>ans 

R307-415. 

(7) The definition of "Good Engineering Practice 

(GEP) Stack Height" a, defined in R307-41 0 shall apply in 

this rule. 

(8) The definition of ~Dispersion Technique" ns 

defined in R307-410 shall apply in this rule. 

(9} ~subje<:t to regulation" means, for any air 

pollutant, that the pollutant is .subject to either a provision in 
-, 

lite fcdernl Clean Air Act, or a nationally-cpplicable regulation 

':edified by the Administrator in subchapter C of 40 CFR 

Chapter I, that reqwres actual control of the quantity of 

emissions of that pollutant. and thst such n control 

requ.imnent has taken effect and is operative ro control, limit 

or restri\:t the quantity of emissions of that pollutant re\ca.<;ed 

from the regulated ru:tivity. F.xcept that: 

(n) "Greenhouse gnses (GHGs)." the air pollutant 

defined m 40 CFR 86.1818-12(a) (Federal Register, Vol. 75, 

Page 25686) as the aggregate group of six greenhouse gases; 

carbon dio.~idc, nitrou~ oxide, methane, hydrofluorocarbons, 

perfluorocarbons, and sulfur hexafluoride, shall not be subject 

to regulation e.xcqx as provided in peragrophs (d) through (e) 

of this section 

(b) For ~ of paragraphs (c) through (e) of 

this section, the tem1 "toriS per year (tpy) C02 equivalent 

emissions (C02e)" shall represent an amount of GHGs 

emitted, and shall be computed as follows: 

(i) Multiplying the mass amount of emission~ (tpy), 

for each of the six greenhouse gases in the polhttant GHGs, by 

the gas's associated global warming potential published nt 

Table A-I to subpart A of 40 CFR Part 98- Global Warming 

Po1entials, that is ~ incorpomted by reference (Federal 

Register. Vol. 74, Pages 56395-96). . 

(ii) Swn the resultant value from paragraph (bXi) of 

this section for each gas to oompute 11 tpy C02e. 

(c) The term "emissions increase" as used in 

paragraptl<; (d) through (e) of this section shall mean that both 

a significant 1:missions increase (as calculated using the 

procedures in 40 CFR 5221 (aX2Xiv) that is incorporated by 

reference in RJ0?-405-2) and a signifteant net emissions 

increase {as defined in paragrnphs 40 CFR 52.2l(b)(3) and 

(b)(23) that is incorporated by reference jn R307-405-3) 

occur. For the pollutant GHGs, an emissions increase shall be 

based on tpy C02e, and shall be calculated asswning the 

pollutant GHGs is a regulated NSR pollutant, and "significant" 

is defined as 75,000 tpy C02e instead of applying the value in 

paragraph 40 CFR 5221(bX23)(ti). 

(d) BegiMing January 2, 2011, the pollutant OliOs 

is subject to regulation if: 

(i) The Slationary source is a nc" major stationary 

source for 1 regulated NSR pollutant that is not GllGs, and 

also will emit or will have the potential to emit 75,000 tpy 

C02e or more; or 

(ii) The stationary source is an existing major 

stlllionary source for a regulated NSR pollutant that is not 

GHGs, nod also will have an emissiO!l!o il'l(;rease of a n.>gulated 

NSR pollutant, and an emissions increase of75,000 tpy C02e 

or more; and, 

(e) Beginning July I, 2011, in addition to the 

provisions in paragntph (d) of this section, the pollutant GHGs 

shall also be subject to reguliilion. 

(i) At a new stationary wurce that will emit or have 

the potential to emit I 00,000 tpy C02e; '•r 

lii) At an existing stationary source that emits or 

has the potential to emit 100,000 tpy C02e, when such 

stationary source undertakes a physical change or change in 

the method of operation that will result in an emissions 

il'l(;n:ase of75,000 tpy C02e or more. 

10:\': air pollutloa, PSI>, Cl!l$1 I area, grrenhoulle ~Rst.S 

Date of Enactment or I.ut Substantive Ammdmeot: 

January 1,2011 

Notice of Cootiouatiotl: l'ebroary S, 2009 

Autborizfog, and Jmplemenled or lntt.Tpreted Law: 19-2-

104 
NOTICES OF 

RULE EFFECTIVE DATES 

State law prov1des for ago'1cies to rnake thei• rules etrective anci enforc~able after publication in the Utah State 

Bulletin. In the case of Proposed Rules or Changes in Proposed Rules wrth a designated comrnert penod. the law 

permits <ln agency to Ole a notice of effective date any time ~fter the close of comment plus seven days. In the ~ase 

of Changes in Proposed Rules with no destgf"lated comment period. the law perm1ts an agency to file a notice of 

effective date o., any date 1ncludmg or after the thirtieth day after the rule's publicahon date. If an agency fails to file 

a Nohce of Effective Date w1thin 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 rulemaklng process over. 

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

Abbreviations 

AMD =Amendment 

CPR = Change rn Proposed ~ule 

NEW = New Rule 

R&R =Repeal & Reenact 

REP= Repeal 

Alcoholic. Bevera~e CprJl~g_! 

Admrntstration 

No 34058 (AMD) R81-7-1 Application Guidelmes 

Published 1010112010 

Effective· 11/1712010 

CQrnmerce 

Occupational and Professional Licensing 

No. 34120 (AMD): R156-9 Funeral Service Licensing Act 

Rules 

Published: 1 0/15120~ 0 

Effective 11!29/2010 

No. 34123 (AMD): R 156-11a Barber, CosmetologrstJBarber. 

Esthetictan. Ele<:trologist, and Nail Techmcian Licensing Act 

Rule 

Published: 10/15/2010 

Effective; 11/2912010 

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

Professional Land Surveyors Licensing Act Rule 

Published. 10/15/2010 

Effective 11/2912010 

No. 34108 (AMD)· R156-39a. Alternative Dispute Resolution 

Providers Certification Act Rules 

Published: 10/1512010 

Effective 11/2212010 

No 34111 (AMD) R1SG-55h Electncians Licensmg Rule 

Published: 10/15/201 0 

Effective 11/2212010 

No. 34116 (AMD): R156-55c Construction Trades Licensrng 

Act Plumber Ltcensmg Rule 

Published. 10/1512010 

Effective 11122/2010 

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

Licensmg Act Burglar Alarm Licensing Rule 

Published 1 0115/2010 

Effective 11/221'20 10 

Real Estate 

No 34097 (AMD): R162-2c-202. Qualifications for Ltcensure 

Published 10/15/2010 

Effective· 11/22f201 0 

Sccunties 

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

Investment Advtsers 

!Published 10/1 ~/20 10 

IEtteclive: 11/22/2010 

,No. 34126 (AMO)· R164-4 Licensing Requirements 

Published 10/15/2010 

!Effective: 11/2212010 

INo 34125 (AMO)· R164-5 Broker-Dealer and Investment 

Adviser Books and Records 

Published: 10/15/2010 

Effecttve: 11/22/2010 

fnv.ironmental Quality 

A&r Quality 

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

Published: 09/15/2010 

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 

Publtshed 09/15/201 0 

Effective: 01/0112011 

Water Quality 

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

Published 09/01/2010 

Effective: 1111912010 

77 
R307-415-3 

DAR No. 34053, AMD 

Effective 0 1/0 1/20 11 
R307. Environmental Quality, Air Quality. 

R307-415. l'ennits: Operating Permit RetJuiremcnts. 

R307-41S.3. Definitions. 

(I) The definitions contlincd in R307-101-2 apply 

throughout R307-415, except as specifiCally pro"ided in (2). 

(2) The following odditional definitions apply to 

R307-415. 

"Act'' means the Clean Air Act, as anu:nded, 42 

U.S.C. 7401. et seq. 

"Administrator" meMS the Administrator of EPA or 

his or her designee. 

• Affected States" me all states: 

(a) W'ho6e air quality lll3)' be aftected and that arc 

contiguous to Utah; or 

(b) lbat are within 50 miles of the permitted 

source. 

"Air Pollutant'' means an nir pollution agent Clr 

combination of such agents, including any physical. chemical. 

biological, or mdioactive (including SOUTCC material, special 

nuclear matc:riaJ. and byproduct material) substance or matter 

which is emitted into or otherwi.o;e enters the ambient air. 

Such term includes any precWSQrs to the fonnation of nny air 

pollutant, to the extent the Administrator has identified such 

precursor or precul'50rs for the particular purpose for which 

the temt air pollutant is used. 

"Applicable requirement" means all of the 

following as they apply to emiS!Iions units in a Part 70 source, 

including requirements that have been promulgated or 

approved by the Board or by the FPA throu8h rulcmaldng nt 

the time of pemlit issuance but have future-efTocli\'e 

compliance dates: 

(a) Any standard or other requm:ment provided for 

in the State Implementation Plan; 

(b) Any term or condition of any approval order 

i$Slled under RJ07-40 I; 

(c) Any standard or other requirement Wlder 

Section Ill of the Act, Stnndards of Performance for New 

Stationary Sources, including Se.;~ion lll(d); 

(d) Any standard or other requirement under 

Section 112 of the Act, Hazardous Air PoLlutants, including 

any requirement concerning accident prevention under Section 

112(r)(7) of the Act; 

(e) Any standard or other requirement of the Acid 

Rain Program under Title IV of the Act or the regulations 

promulgatal thereunder; 

(I) Any requirements established pursuant to 

Section 504(b) of the Act, Monitoring and Analysis, or 

Section 114(a)(3) of the Act, Enhanced Monitoring and 

Compliance Certification; 

(g) Any standard or other requirement gov~ming 

solid waste mcineration, under Section 129 of the Act; 

(h) Any ~tandard or other requirement for 

consumer and commercial products. under Section 183(e) of 

the Act, 

(I) Any standard or other requirement of the 

regulations promulgated to protect stratospheric ozone under 

Title VI of the Act, Wlless the Administrntor h3s determined 

that such requirements need not he contamed in an operating 

permit; 

G) Any national mnhient air qunlity standard or 

increment or visibility requirement under part C of Title I of 

the Act, but only as it would npply to temporary SOW'CCS 

permitted pursuant to Section 504(e) of the Act; 

(k) Any standard or other requirement under rules 

adopted by the Boord. 

"Are11 source" means any stationary source that is 

not a major source. 

"Designated reprcsentlltive'' shall havt: tbc meaning 

given to it in Section 402 of the Act and in 40 CFR Section 

72.2, and applies ooly to litle IV affected sources. 

"Draft pennit" means the version of a permit for 

which the Executi~·e Secretary offers public participetion 

undrr R307-415-7i or ~1ed Sl3te review unJer R307-41S· 

8(2). 

"Emissions allowable under the permit" means a 

fedemlly-c:nforceable 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 feck-rally-enforccable cmlssioos cap that the 

source has assumed to avoid 1111 upplicablc requirement to 

which the source WCiuld otherwi!:e be subject. 

"Emissions unit" means any part or activity of a 

stationary soun:e th:lt emits or has the potential to emit any 

l'Cbrulated air pollutant or any haznnlous nir pollutant. Ibis 

tenn is not meant to alter or affect the definition of the term 

"unit" for purposes of Title rv of the Act. Acid Deposition 

ControL 

"final pennlt" means the version of an opcra1ing 

permit is:."UCd by the Executive Secretary that has completed 

all review procedures required by R307-415·7a through 7i Wld 

R307-415·8. 

"General permit" means an operating permit that 

meets the requirements ofR307-415-6d. 

"I razarrlous Air Pollutant" means any pollutant 

listed by the Administra!or as a hazardous nir pollutant under 

Section 112(b) of the Act. 

"Mnjor source" means any stationary source (or any 

group of stationary sources that nrc focnted on one or more 

contiguous or acljacent properties. and are under common 

control of the same person (or persons under common 

control)) btlongill¥ to a single ITUijor industrial grouping and 

that me described in paragraphs (a). (b), or (c) of this 

definition. For the purposes of defining "major souroe," a 

statiolllll')' source or group of stntionary sources shall be 

considered part of a single industrial grouping if all of the 

pollutant emitting activities at such source or group of sources 

on contiguous or adjacent properties belong to the same Major 

Group (all have the same two-digit code) IL~ described in the 

Standard Industrial Classification Manual, 1987. Emissions 

resulting directly from an internal combustion engine for 

tnlllspo!1ation purposes or from a non-rood vehicle shall not be 

considered in determining whether a stationary source is a 

major source wlder this definition 

(a) A major source under Section 112 of the Act, 

Hazardous Air Pollutants, which is defined as: for pollutants 

other than mdionuclides, any ;tntionnry source or group of 

stati~ 50\II'CCS located within a contiguoos ureu and under 

common control that emits or has the potenti31 to emit, in the 
aggregate. ten tons per year or more of My hazardous air 

pollutant or 25 tons per year or more of any combin1tion of 

such ha:t..ardous air pollutants. Notwithstruiding the preceding 

sentence. emissions from any oil or gns exploration or 

production well, with its associated equipment. and emissions 

from any pipeline compressor or pump station shall not be 

aggrcgmed with emissions from other similar Wtits, whether or 

not such units are in a contiguous area or Wlder common 

control. to determine whether such Wlits or station-; are major 

SOUI'CC$. 

(b) A major stntiolllll)' source of air pollutants. as 

defrned in Section 302 of the Act, that directly emits or has the 

potentim to emit, I 00 tons per year or more of any air 

pollulllllt subject to regulation. including any major source of 

fugitive emission~ or fugitive dust of any such pollulllllt as 

detem1int'd by rule hy the Administrator. The fhgitivc: 

emissions or fugitive dust of a stati<>nary source shall not be 

considered in determining whether it is a major stationary 

source for the purposes of Section 302(j) of the Act. unless the 

source belongs to any one of the following categori~ of 

station.'U)' source: 

(i) Cool cleaning plants with thermaJ dryers; 

(ii) Kraft pulp mills; 

(iii) Portland cement plants; 

(iv) Primary zinc smelter.>; 

(v) Iron and sted mills; 

(vi) Primary aluminum ore redoction plants; 

(vii) Primary copper smelters; 

(viii) MWlicipal iOOneratnrs C3Jl0ble of charging 

more th3n 2SO tons of refuse per day; 

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

(x) Petroleum refmeries; 

(xi) Lime piMts; 

(xii) Phosphal.c rock processing plants; 

(xiii) Coke oven batteries; 

(xiv) Sulfur recovery plants; 

(xv) Carbon black plants, furnace process; 

(xVi) Primary lead smelters; 

(xvii) f'uel conversion plants; 

(x.viii) Sintering plants; 

(x.ix) Secoodw)' metal prodoction plants; 

(xx) Chemical process plants; 

(xxi) Fossil-fuel boilers, or combination thereof, 

rotnling more than 250 million British thc:nnal W\its per hour 

heat input; 

(xxii) Petroleum storage and trunsfer units with a 

lOial storage capecity exceeding 300,000 barrels; 

(xxiii) Taconite ore processing plants; 

(x.xiv) Gla~o; fiber proces:iing plants; 

(xxv) Charcoal production plants; 

(xxvi) Fossil-fuel-tired :;team el(..-ctnc plants of 

more !han 250 million British thennal units per hour heat 

input, 

(xxvii) Any other stationary source category, which 

as of August 7, 1980 is being regulated under Section Ill or 

Section 112 of the Act. 

(c) A maj<~r stationary source IL~ defined in part U 

of Title I of the Act, Plan Requirements for Nonattainmem 

Areas, including: 

(i) For omne nonattainment nrem, sources with the 

pott:ntial to emit I 00 tons per year or more of volnt!le orgnnic 

compounds or oxides of nitrogen in areas classifi~ liS 

''marginal" or "moderate," 50 tons per yenr or more in IU'C<ls 

classified as "serinus, n 2S tons per year or more in areas 

classified as "severe." nnd 10 tons per year or more in areas 

classified a:; ~extreme"; except th:rt the references in this 

porngroph to 1 00, SO, 25, and I 0 tons per year of nitrogen 

oxides shall not apply WJth respect to uny source for which the 

Administrator has made a fmding, under Section 182(1)(1) or 

(2) of the Act, that requirements under Sce1ion 182(1) of the 

Act do not apply; 

(ii) For ozone transport regions established 

pursuant to SC\;tion 184 of the Act. sources with the potential 

to emit SO tons per year 01" more of volatile organic 

compounds; 

(iii) For carbon monoxide nonattainme.nt. areas that 

are classified as "serious" and in whicb stationary sources 

contribute: significantly to carbon monoxide levels os 

determined under rules issued by the Administrator. sources 

with the potential to emit 50 tons per year or more of car!x10 

monoxide:; 

(iv) For PM-10 particulate matter nonattainment 

areas classified as "serious." sources with the potential to emit 

70 tons per year or more ofPM-1 0 particulate matter. 

"Non-Road Vehicle" means a vehicle that is 

powered by an iotemnl eombtL~ion engine (including the f\lel 

system), that is not n self-propelled vehicle designed lor 

tmnsporting. persons or property on a street or highway or a 

vehicle used solely for competition. and is not subject to 

standards promulgated under Section Ill of the Act (New 

Source Performance Standards) or Section 202 of the Act 

(Motor Vehicle Emission Standards). · 

"Operating permit" or "permit," W'lless the context 

suggestl; otherwise, means any penni! or group of pcrmi~ 

covering a Part 70 source that is issued, n:newcd, amended, or 

revised pursuant to these rules. -

"Part 70 Source" means any source subject to the 

pcnnitting requirements of R307-415, as provided in R307· 

415-4. 

"Pem1it modification" mcam a revision to an 

openning pmnit that meets the requirements of R307-41 S-7f. 

"Permit revision" means any pennit modification or 

adrninistrJtive J"''flTiil amendment. 

"Pt.'flTiit shield" mean~ the permit shield as 

de!;cribN in R307-41S-6f. 

"Proposed pcnnit" means the version of a permit 

that the E.xccutive Secretary proposes to issue and forv.-ards to 

EPA for review in cornpliance with R307-415-8. 

"Renewttl" mean.~ the process by which a pem1it is 

rei~ucd at the end of its tenn. 

"Responsible oflicial" means one of the .tbllowing: 

(a) For a corporation: a president. secretary. 

tre:JSurc:r, or vice-president of the corporation in charge of a 

principal business function, or any other person ...,no perfOrms 

similar policy or decision-making functimt~ for the 

corporation. or 11 duly uuthorizL.-d representative of such person 

if the representative is re~;ponsible for the overall operation of 
one or more manufacturing. production. or operating facilities 

applying for or subject ton permit and either; 

(i) the operating facilities employ more th:!n 250 

persons or hnve g,oss annual snles or expenditures c.xcecding 

$25 million in second qtmter 1980 dollars; or 

(il) the delegation of authority to such 

representative is approved in advance b.Y the &ccutivc 

Secretary; 

(b) For a pnrtner.;hip or ~'le proprietorship: a 

general partner or the proprietor, respectively, 

(c) For a municipality, State. Federal or other 

public agency: either a principal executive officer or mnking 

elected official. For the purposes of R307-415. a principnl 

executive offteer of a Federal agency includes the chief 

executive ofllccr having rc.sponsihility for the overall 

operations of a principal geographic unit of the agency; 

(d) For Title IV am:cted sources: 

( i) The designated repn.'Selltati ve in so far as 

actionc;, stanclards, requirements, or prohibitions under 'Iitle 

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

promulgnted thereunder are concerned; 

(ii) 'fbe responsible officinl os detined above for 

any other purposes under R307-415. 

"Stationruy source" means any building, structure, 

facibty, or in~allation 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 pro.,;sion in the Clean 

Air Act, or u nationally-applicable regulation codified by the 

Administr'Jtor in subchapter C of 40 CFR Chapter I, that 

requires actual control of the qwmlity of emissions of that 

pollutant, and that such a control requirement has taken etfect 

and is operative to control. 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 &6.1818-12(a) (Federal Register, Vol. 75, 

Page 25686) a.'l the aggregate group of six greenhouse gases: 

carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, 

perfluorocarbous, and sulfur hexafluoride, shall not be subject 

to regulntion unless, as of July I, 2011, the GHG emissions 

are at a stationary source emitting or having the potential to 

emit 100,000 tons per year (tpy) C02 equivalent emissions. 

(b) The term "tpy C02 equivalent emio;sion~ 

(C02c)" shall represent an amount of GHGs emitted, end wll 

be computed by multiplying the mass amount of emissions 

(tpy), for each of the six greenhouse ga.-;es in the pollu!Mt 

GHGs, by the gas's associated global warming potential 

published at Table A-i 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 

5Uiltming the resultant value for each to compute a tpy nne. 

"Title IV Affected source" means a source that 

contain.q one or more affected units as defined in Section 402 

of the Act nnd in 40 CFR. Part72. 

KEY: air poOution, greeabouse aasn, operating pennlt, 

emissioa rea 

Date of J:nactment or La~ Substanth·e Amendment: 

January 1, 201 I 

Notice of Continuation: July 13,2007 

Aatborizin~:, and Implemented or Interpreted La1": 19-2· 

109.1; 19-1-104 
NOTICES OF 

RULE EFFECTIVE DATES 

State law provides fo• agencies to make their rules effective and enforceable after publication in the Utah State 

Bulletin. In tl•e case of Proposed Rules or Changes in Proposed Rules with a designated comment penod, the law 

permits an agency to f1le a notice or 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 not1ce of 

effective date on any date including or after the thirtieth day arter the rule's publicat1on date. If an agency fa1ls to filo 

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 rulemaktng process over. 

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

Abbrev1at1ons 

AMD =Amendment 

CPR= Change In Proposed Rule 

NEW = New Rule 

R&R = Repeal & Reenact 

REP= Repeal 

Nc.qiJQii~er.nge CQntrol 

Administration 

No 34058 (AMD): R81·7·1 Application Guidelines 

Published. 10/01/2010 

Etfect1ve: 11/17/2010 

Commerce 

Occupational and Profess1onal Licensing 

No. 34120 (AMD) R156-9. Funeral Service Licensing Act 

Rules 

Published. 10/1512010 

Effective: 11129/2010 

No. 34123 (AMD) R156-11a. Barber, Cosmetologist/Barber, 

Esthetician, Electrologist, and Nail Technician Licensing Act 

Rule 

Published. 10/15/2010 

Effective: 11/29/2010 

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 11/22/2010 

No. 34111 (AMD): R156-55b Electricians Licensing Rule 

Published 10/15/2010 

Effective· 11122/2010 

No. 34116 (AMD)· R156-55c. Construction Trades Licensmg 

Act Plumber Licensmg Rule 

Published: 1 0115120 ~ 0 

Effective 11/22/2010 

UTAH ST. if£ 81 1.1 f.11N, Dccc:mbe-;: 15, 201 o. Vol. 2010, No 24 

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

L1censing 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: 11122/2010 

Securities 

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

Investment Adv1sers 

Published: 10/15/2010 

Effective: 11/22i2010 

No. 34126 (AMD): R164-4. licensing Requirements 

Published: 10/1512010 

Effective: 11/22/2010 

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

Adviser Books and Records 

Published: 10/15/2010 

Effective· 11122/2010 

J;!r:lirlmroenta.I..Q.u.alilY 

Air Quahty 

No. 34051 (AMD); R307-401-9. Small Source E.l<emption 

Published: 09/15/2010 

Effective 01/01/2011 

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

Published: 09/1512010 

Effective: 01/0112011 

o 34053 (AMO): R307-415-3. Definitions 

Published 09/1512010 

Effective: 01101/2011 

Water Quality 

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

Published 09101/2010 

Effective: 11/19/2010 

77 
ERTIFIEO A TRUE COPY 

KemBtt1 A. Hansen. Director 

OM8ion of Administrative o, ~ 

R307-401-7 

DAR 34190, NSC 

Effective 12/01/2010 

R307. Eavironmtntal Quality, Air Quality. 

R307-401. Penni I: New ond Modilicd Sourt~. 

R307-401-7. Public Notice. 

{I) ls.'>uing the Notice. Prior to is.'iuing an approval 

or disapproval order, the executive St-'Cl'ctary will advertise 

intent to approve or disapprove in a nev.'Spaper of general 

circulation in the locality of the proposed construction, 

installation, modification, relocation or establishment 

(2) Opportunity for Review Mel Comment. 

(a) At least one location will be provided where the 

information submitted by the owner or operator, the executive 

sccrctmy's analySIS of the notice of intent proposal, and the 

proposed approvn.l order conditions v.ill be available fix 

public inspection. 

(b) Public Comment. 

(i) A ten-<lay public comment period will be 

established. 

~ii) The public comment period in (i) above will be 

increased to 30 days for any soun:c that Is: 

(A) subject to the requirements of R307-405, 

Pmnits: ~1ajor Solll't'.eS in Attainment or Unclassified Are3s, 

(B) subject to the requirements of R307-406. 

V"JSibility, 

(C) .subject to the requircmentlt of R307-415. 

Operating Permit Requirements: 

CD) a syntht.1ic minor source in accordance v.ith 

R107-41:'i-4(6): 

(E) located in a nonartainment area or a 

mnintenance area for any pollutant~ or 

(F) subject to any ~tandard or requirement of 42 

U.S.C. 7411 or7412. 

(iii) A request to extend the length oftl~e comment 

period, up to 30 days, may be submitted to the executive 

secretary: 

(A) within 10 days of the date the notice in (I) 

above is published for comment periods established under (i). 

or 

(B) within 15 days of the date the notice in (I) 

above is published for comment periods established Wlder (ii). 

(iv) Public Hearing. A reque~1 for a hearing on the 

proposed approval or disapproval order may be submitted to 

tl1c <:Kecuti ve secretary: 

(A) within 10 days of the date 1he notice in (I) 

above is published for comment periods cstnbli~d under (i) 

above, or 

(B) within 15 days of the date 1he notice in (I) 

a hove i~ published for comment periods estahlished under (ii) 

abme. 

(v) The hearing will be held in the area of the 

p~ construction, installation. modification, relocation or 

C'stablishment. 

(vi) The public comment nnd hearing procedure 

shall not be required when un order is issued for the purpose 

of extending the time required by the executive <:ccretary to 

review plans and specifications. 

(3) The executive secretary ,..;JJ consider all 

comments received during the public comment period and at 

the public hearing Mel, if appropriate. will make changes to 

the proposal in response to comments before issuing an 

npproval order or disnpproval order. 

KEY: air pollution, permits. approval orders 

Date of Enactment or Last Substantive Amendment: 

February 8. 2008 

Notire of Continuation: Joly 13,2007 

Autboriring, aud lmplementrd or Interpreted Law: J9-2-

104(3)(q); 19-2-108 

R' ! I"· l'liDLX 

R277 613 I D"fir>IIIOM 33253 NSC 01.1).4/2010 Nol Punted 

R277 616 Ed JC.Dtion f-,r H '"'o;,c,.., llnd Emancipated 34234 SVR 1~/IOilOil! 21J10-23181 

Students aM State ~undin,:; for Homeless and 

D1~advantaged Mmonty Students 

R277 Cl16·1 DCflllltiOt\S 33iG1 AMD 08!09/2010 2010-13174 

R277 700 The E:lument.11y and Secondary School Core 

Curriculum 

34089 AMD 11/0812010 2010-19/32 

R277-703 Cef'llcnnlal Sct•o!arsh1p for Early Graduat1on 34043 NSC 10/211201 0 Not Printed 

R277-705 Secondilry Sc.l ool Complet:on and Diplomas 33752 AMD 08/0912010 2010-13175 

R277-705 Secondary Sc.r()ol Completion and Daplomas 34044 NSC 1012112010 Not Printed 

R271 711 Educollon Progrc:urs for G1fted and Tale:1ted 34235 SYR 11/1012010 2010-23182 

Students 

R277-711-4 Fiscal Stand::ids 33234 NSC 0110412010 Not Printed 

R277·600 Utah Schools for l'le Deaf and the Blind 33254 NSC 01104/201 0 Not Printed 

R277-800..Q l E:A and Bo3rd Interagency ,A.greement 34025 NSC 1012112010 Not Pnnled 

ENVIRONMENTAL QUALITY 

ArJn:uni~IUitton 

R305-5 Heetlth Rf'lfNrn • Health Insurance Coverage in 33102 NEW 02/16/2010 2009·22130 

DEQ State Contracts- Implementation 

R305-5 Health Reform •• Health Insurance Coverage In 33102 CPR 02116/2010 2010-2/48 

DEQ State Contracts • Implementation 

R30S.5 Health Reform Health bsurance Coverage In 33589 Af.10 06/23/2010 2010-10163 

DEQ State Co'ltrec.ts - ll"'lplementatidn 

M~ 

R307-101·3 Ver&IO'I of Code of Federal Regulations 33251 AMD 03/04/2010 2010-1/19 

R307-103 

Incorporated by Reference 

Adl"llnistrotive Procedures 33428 5YR 031'0412010 201()..7/51 

R307 165 Emission Testmg 338BII 5YR 08/0412010 2010..171116 

R307 201 Emrs&ion Standards Geren:1l En11ssrou 33429 5YR 03/0412010 201().7/52 

Standards 

R307·202 Em1sston Standards General Burning 33430 5YR 03/04!2010 2010-7/52 

R307-203 Emls:>lon Standards Sultur Cont~mt of Fuels 33431 5YR 03t04rLo1o 2010..7/53 

R307·204 Emission Standardl> Smoke Managernent 33432 5YR 03/04/2010 2010-7/53 

R307·205 Emissron Standards Fugitive Esniss1ons and 33433 SYR 03/04/2010 2010.7/54 

Fugitive Oust 

R307-206 Emilision Standards. Abrasf\le Blasting 33434 5YR 0310412010 2010-7155 

R307-207 Emission Standards Residential Fireplaces 33435 5YR 0310412010 2010-7/55 

and Stoves 

R307-214 National Em1ss1on Standards for Hazardous A1r 33427 AMD OG/03.12010 2010-7/11 

Pollutants 

R307·302 Dav1s, Salt Lake Utah, Weber Counties. 33698 5YR 06/02/2010 2010-131143 

Residential Fireplaces and Stoves. 

R307·305 Nonatta1nment and Maintenance Areas for 33703 SYR 06/02/2010 2010-131143 

PM10: Emiuiun Standards 

R307·306 PM10 Nonattamment and Maintenance Areas· 33899 5YR 06/02/2010 2010-131144 

R307-307 

Abras1ve Blasting 

Davis, Salt Lake, and Utah Counhes· Road 33700 SYR 06/02/2010 2010-13/145 

R307·309 

Salting and Sand1ng 

Nonattalnment and Mamtenance Areas for 33701 5YR 06/02/2010 2010-1311-45 

PM10. Fugitive EmiSSIOns and Fugitive Outt 

R307-310 Sail Lake Couniy lrachng of Emission Budgets 33702 SVR 06/0212010 2010-1311<46 

r R307-401-7 

for Trans~rtallon Confomllty 

Public NOia ~1!10 NSC 12101goto NotP~ ~7-!01-9 Small Source 'Exemptia;l 051 AMD oi/0 t on zom::, 

R307-405·3 Definitions 34052 AMD 01/01!2011 2010.18115 

R307-415·3 Defanrtions 34053 AMD 01/0 1/2011 2010-18117 

RJ0'/·840 Lead-Based Pa1nt Acned1tation. Certification 33308 R&R 04/0812010 2010-3/17 

and Work Pract1ce Standards 

R307·841 Resid.,ntinl Property And Child-Occupied 

Fac11i!y Renovation 

33309 NEW 04108/2010 2010-3/2<4 

R307·842 Lead-Based Pa1n1 Activities 33310 NEW 04108/2010 2010-3/32 

O!in!:lm~ 

R309·100 Adm1nastrallon Dr nlung Water Program 33468 5YR 03122/2010 2010-8/41 

<1.1 - - UT.1H STAT£ BULI.ET/A, Jauuar) 01. 2UI 1, Vol. 2011. No. I