Cindy To eheying@deq.state.ut.us, DMCNEILL@deq.state.ut.us. Rosenberg/P2/RB/USEPNU breiss@deq.state.ut.us S ee Larry Svoboda, komp.mark@epa.gov, Kerri Fiedler, Kevin 02/19/2002 05: 15 PM Golden, Jonah Staller, Douglas Latimer/P2/R8/USEPNUS@EPA, williams.megan@epa.gov bee Subject EPA Comments on 2/6/02 Utah County draft plan
Here are our most recent comments on the plan. These comments are not complete because they don't incl.ude comments'yet from enforcement, permitting, legal, or more detailed eMS and emission inventory comments. We've discussed most ofthese comments over the last few weeks with your staff. I'm also including the commitment language as itwaswhen we originally sent it this summer. We will follow this up with an official letterfrom Larry for these comments tomorrow. -Cindy

UTCntyPlanCmnts.EPA.2.19.02.\\ commitments2.wpl Cindy Rosenberg Particulate Matter Program Manager US EPA Region 8 - Air & Radiation Program 999 18th St. Suite 300 Denver, CO 80202-2466 (303) 312-6436 rosenberg.cindy@epa.gov

### Draft Language for Utah PM 10Maintenance Plan

- 7/17/01 

### Prepared by EPA Region VIII for Discussion With Utah DEQ A. 

### Commitmentsfor Future Maintenance Plans Within one year ofthe effective date ofEPA's approval ofthis maintenance plan, Utah commits to do the following: 1. Submitto EPA a revision to this maintenance plan that uses dispersion modeling (using the UAM Aero model) to demonstrate maintenance ofthe PM10 NAAQS in Utah County through 2015. Such dispersion modeling shall project emissions for the sources named in the following list at levels consistent with emissions limitations in the SIP or with the source's maximum potential to emit (PTE):

a. [source name] b. [source name] c. [source name] d. etc. Unless a sourcehas emissions limitations with a 24-hour or shorter averaging time, projections for the source for modeling maintenance ofthe 24-hour PM 10 NAAQS shall be based on the source's maximum PTE on a 24-hour basis. 2. Submit to EPA amaintenance plan for Salt Lake County that:

a. Uses dispersion modeling (using the UAM Aero model) to demonstrate maintenance ofthe PM10NAAQS in Salt Lake County for at least a 12-year period. Such dispersion modeling shall project emissions for the sources named in the following list at levels consistent with emissions limitations inthe SIP or with the source'smaximum potential to emit (PTE):

1. 

### [source name] 11. 

### [source name] lll. 

### [source name] iv. etc. Unless a source has emissions limitations with a 24-hour or shorter averaging time, projections for the source formodeling maintenance ofthe 24-hour PM10 NAAQS shall be based on the source's maximum PTE on a 24-hour basis; b. Establishes emissions limitations and compliance detennining methods for refinery nares;

c. Eliminates any exemptions from emissions limitations during SRU maintenance or "turnaround"periods.3. Address issues raised by EPAregarding Utah'sNSRprogram by letter dated May 10, 2001, through modificationsto Utah's NSRregulations, and submit such modifications to EPA for approval into the SIP. 4. Revise Utah's emissions banking rule (R307-403-7, UACR, ofthe current codification of the Utah regulations, R307-1-3.3.6, UACR, ofthe EPA approved SIP) to either delete it from the Utah regulations ormodify it to meet current Federal requirements for banking and trading programs, and submit such revision to EPA for approval into the SIP. 5. Revise Utah's breakdown rule (R307-l-4.7 ofthe EPA approved SIP; ? ofthe current Utah codification) to make the rule consistentwith EPA's September 20, 1999 policy entitled "State ImplementationPlans: Policy Regarding Excess Emissions During Malfunctions, Startup, and Shutdown." Specifically, Utah will promulgate a replacement rule consistentwith suchpolicy that establishes an affirmative defense to penalties for malfunctions. 6. Revise the Utah SIP to remove director's discretionprovisions (provisions that appearto reserve to the State the authority to unilaterally modify, ormake compliance determinations under, the federally approved SIP) and variance provisions. 

### B. NSR ApplicabilityandNSR Offsets With the adoption ofthis maintenance plan, the following provisions shall apply Statewide, notwithstanding provisions ofUACRthat might be interpretedto the contrary. These provisions ofthe maintenance plan shall be deemed to modify and supersede any conflicting regulatory provision in UACR: 1. Determinations ofapplicability ofthe major nonattainmentNSRrequirements under R307-403, UACR (R307-l-3.3 ofthe SIP-approved codification), shall be based solely onwhether a source ormodificationproposing to locate ina nonattainment areais a major source ormajor modification for the nonattainmentpollutant (rather than on whether any new major source ormajormodification will cause orcontributeto a violation oftheNAAQS as ofthe projected startup date ofthe new source). 2. In determining the applicability ofoffsetrequirements (under R307-403-5, UACR(R307­ l-3.3.3.B ofthe SIP-approved codification» orofNSRrequirements in general (under R307-403, UACR (R307-1-3.3 ofthe SIP-approved codification», no interpollutant trading within a source shall be permitted 

### (i.e., no interpollutanttrading to net outof review will be allowed). 3. Interpollutant trading shall not be permitted as a means to meetthe requirements ofR307­ 403-5, UACR (R307-l-3.3.3.B ofthe SIP-approved codification), for emissions offsets, withthe exception thata new or modified source ofa PM lO precursor (NOx or S02) may obtain its emission offsets from reductions in primary PMlO•.Modeling will be required, to the extent discussed in40 CFRpart 51, appendix S, to ensure thatoffsets provide for a

### net air quality benefit in the area. 4. All offsets obtained (including offsets from banked emissions) to comply with R307-403­ 5 and 6, UACR (R307-1-3.3.3.B and C ofthe SIP-approved codification), shall ensure that the total tOJll1age ofthe emissions increase is offset by an equal or greater tonnage of reductions in actual emissions. The reductions in actual emissions shall be Federally enforceable (i.e., contained in an approval order issued under R307-401, UACR (R307-1­ 3 ofthe SIP-approved codification), ora SIP revision approved by EPA) before the new ormodified source's approval order is issued, be in effect (i.

### e., have actually occurred) by the time the new source or modification commences operation, and be surplus (i.

### e., not otherwise required underthe Act orthe Utah Air Conservation Rules or State Implementation Plan). All offsets shall be fully documented and described in both the donee and donor administrative orders. C. 

### Language to AddressDirector'sDiscretion andEmissions Banking and Trading in the Interim SIP Notwithstanding any otherprovision in the Utah SIP, no change to emission limits or otherrequirements contained in this maintenance plan, or contained in regulations, permits, or other documents that this maintenance plan identifies as part ofthe ongoing plan for maintenance, shall be effective to change such federally enforceable emission limits or requirements without a SIP revision approved by EPA. 

### [[Need to determine an approach for Salt Lake County in the absence ofan interim plan.]]