DAQ-2025-000771

State of Utah Administrative Rule Analysis Revised May 2024
NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: Amendment
Rule or Section Number: R307-150 Filing ID: Office Use Only
Date of Previous Publication (Only for CPRs): Click or tap to enter a date.
Agency Information
1. Title catchline: Environmental Quality, Air Quality
Building: Multi-Agency State Office Building
Street address: 195 N 1950 W
City, state: Salt Lake City
Mailing address: PO Box 144820
City, state and zip: Salt Lake City, UT 84114-4820
Contact persons:
Name: Phone: Email:
Greg Mortensen 385-226-6171 [e-mail]
Erica Pryor 385-499-3416 [e-mail]

Please address questions regarding information on this notice to the persons listed above.
General Information
2. Rule or section catchline:
R307-150. Emission Inventories.
3. Purpose of the new rule or reason for the change:
Rule R307-150 is being updated to reflect what our State and Local Emissions Inventory System (SLEIS) database is capable of. Ultimately, the Division of Air Quality (DAQ) needs to catch the rule up on Hazardous Air Pollutants (HAPs) to reflect what sources are already reporting and what SLEIS is also already able to do. Additionally, DAQ is removing the HAPs exemption limits as staff were unable to replicate the calculation methodology employed in the existing rule. SLEIS is now able to automatically populate any HAPs emission factors with standard, well defined methodology, therefore negating the need for exemption limits. This is a much-simplified means for most facilities to report their HAPs emissions. DAQ staff believe this will also provide more accurate and consistent HAPs data while also streamlining HAPs reporting with criteria pollutants. DAQ is also adding the explicit authority to collect mobile emissions from point sources. Over half of the facilities reporting in SLEIS were already including emissions. This change will allow staff to level the playing field and mandate all facilities to report these emissions. This will result in a more comprehensive point source inventory which can be leveraged for modeling and policy purposes. Staff is also taking the opportunity to update the sulfur dioxide (SO2) reporting requirements by removing a conflicting statement indicating an erroneous end date for SO2 reporting. Additionally, other revisions have been made to bring the rule into compliance with EO 2021-12.
4. Summary of the new rule or change:
The amendments to Rule R307-150 do the following:
• Remove HAPs threshold calculation and HAPs reporting exemptions
• Update SO2 reporting language
• Remove the outdated timeline for SO2 reporting period.
• Require mobile emissions reporting by point sources
• Include the definition of mobile emissions (by modifying reference to 40 CFR 51 to include “which never leave the property”).
• Add mobile emissions reporting requirement to Sections R307-150-5 and R307-150-6
• Rule language changes to bring the rule into compliance with EO 2021-12

Fiscal Information
5. Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
A) State budget:
There are no anticipated costs or savings to the state budget associated with the amendments to Rule R307-150. No additional costs are expected as the automated HAPs enhancement is already included in the current SLEIS maintenance agreement and mobile emissions are already reportable, and reported by many facilities, in SLEIS. All other changes are administrative language changes for portions of the rule already in effect.
B) Local governments:
If not already reporting, there is a possible workload increase to track mobile source use on a facility. However, there are no or negligible costs anticipated for HAPs reporting due to automated processes for local governments associated with the amendments to Rule R307-150.
C) Small businesses ("small business" means a business employing 1-49 persons):
If not already reporting, there is a possible workload increase to track mobile source use on a facility. However, there are no or negligible costs anticipated for HAPs reporting due to automated processes for small businesses associated with the amendments to Rule R307-150.
D) Non-small businesses ("non-small business" means a business employing 50 or more persons):
If not already reporting, there is a possible workload increase to track mobile source use on a facility. However, there are no or negligible costs anticipated for HAPs reporting due to automated processes for non-small businesses associated with the amendments to Rule R307-150.
E) Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
If not already reporting, there is a possible workload increase to track mobile source use on a facility. However, there are no or negligible costs anticipated for HAPs reporting due to automated processes for non-small businesses associated with the
amendments to Rule R307-150.
F) Compliance costs for affected persons (How much will it cost an impacted entity to adhere to this rule or its changes?):
If not already reporting, there is a possible workload increase to track mobile source use on a facility. However, given that the majority of facilities already report these emissions, there are a limited number of facilities that do not report and these all vary in operational size and the possible mobile equipment operating on each facility is unknown at this time. Therefore, predicting labor cost (current hourly pay rates are unknown) and possible time needed to determine equipment types to load into the inventory database is unknown due to the potential variability of each operation’s mobile quantity and types. Conversely, workloads costs should be significantly reduced as SLEIS provides the means to input activity data (e.g. fuel use or operating hours, both of which are typically tracked by sources as part of their normal business practices) to calculate emissions. Thus, once the source adds the equipment types and number thereof to SLEIS, they only need to input activity data going forward as SLEIS will carry their equipment type and number from year-to-year. Removing the HAPs reporting thresholds should have negligible workload increase as SLEIS will automatically calculate HAPs based on the already required activity data for their annual emission inventory reports. Additionally, there is a strong potential that this will reduce workload for sources as they are already expected to determine if their HAP emissions are above or below the threshold in the current rule which involves a complex calculation for each pollutant. For smaller sources, it is not uncommon that administrative staff are tasked with submitting the inventory and are confused by these thresholds. This not only expends their time and agency time supporting them but also exposes sources to potential compliance costs if they fail to report a HAP as they guessed or erroneously calculated that they were below the threshold. SLEIS’s HAPs auto-calculation capability alleviates this burden and allows sources to simply populate their processes with already-required activity data.
G) Regulatory Impact Summary Table (This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts will be included in narratives above.)
Regulatory Impact Table
Fiscal Cost FY2025 FY2026 FY2027
State Government $0 $0 $0
Local Governments $0 $0 $0
Small Businesses $0 $0 $0
Non-Small Businesses $0 $0 $0
Other Persons $0 $0 $0
Total Fiscal Cost $0 $0 $0
Fiscal Benefits FY2025 FY2026 FY2027
State Government $0 $0 $0
Local Governments $0 $0 $0
Small Businesses $0 $0 $0
Non-Small Businesses $0 $0 $0
Other Persons $0 $0 $0
Total Fiscal Benefits $0 $0 $0
Net Fiscal Benefits $0 $0 $0
H) Department head comments on fiscal impact and approval of regulatory impact analysis:
The Executive Director of the Department of Environmental Quality, Kim D. Shelley, has reviewed and approved this regulatory impact analysis.

Citation Information
6. Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
Section 19-6a-1642

Incorporations by Reference Information
7. Incorporations by Reference (if this rule incorporates more than two items by reference, please include additional tables):
A) This rule adds or updates the following title of materials incorporated by references (a copy of materials incorporated by reference must be submitted to the Office of Administrative Rules; if none, leave blank):
Official Title of Materials Incorporated (from title page)
Publisher
Issue Date
Issue or Version

B) This rule adds or updates the following title of materials incorporated by references (a copy of materials incorporated by reference must be submitted to the Office of Administrative Rules; if none, leave blank):
Official Title of Materials Incorporated (from title page)
Publisher
Issue Date
Issue or Version
Public Notice Information
8. The public may submit written or oral comments to the agency identified in box 1. (The public may also request a hearing by submitting a written request to the agency. See Section 63G-3-302 and Rule R15-1 for more information.)
A) Comments will be accepted until: 03/31/2025
B) A public hearing (optional) will be held:
Date (mm/dd/yyyy): Time (hh:mm AM/PM): Place (physical address or URL):
03/19/2025 3:00 PM DAQ Public Hearing for R307-150 In Person: MASOB 195 N. 1950 W. Salt Lake City, UT, 84116, First Floor, Air Quality Board Room Virtual Attendance: Time zone: America/Denver
Google Meet joining info Video call link: https://meet.google.com/sjx-deyn-eoy Or dial: 4502-593-443 1(US) + PIN: 424 142
668# More phone numbers: https://tel.meet/sjx-deyn-eoy?pin=1103833114403
To the agency: If more than one hearing will take place, continue to add rows.

9. This rule change MAY become effective on: 04/07/2025
NOTE: The date above is the date the agency anticipates making the rule or its changes effective. It is NOT the effective date.
Agency Authorization Information
To the agency: Information requested on this form is required by Sections 63G-3-301, 63G-3-302, 63G-3-303, and 63G-3-402. Incomplete forms will be returned to the agency for completion, possibly delaying publication in the Utah State Bulletin and delaying the first possible effective date.
Agency head or designee and title: Bryce C. Bird, Director, Division of Air Quality Date: 01/21/2025
R307. Environmental Quality, Air Quality. R307-150. Emission Inventories. R307-150-1. Purpose and General Requirements. (1) The purpose of Rule R307-150 is to establish: (a) [to establish ]by rule, the time frame, pollutants, and information that sources [must]shall include in inventory submittals; and (b) [to establish ]consistent reporting requirements for stationary sources in Utah to determine whether sulfur dioxide emissions remain below the sulfur dioxide milestones established in the State Implementation Plan for Regional Haze, [s]Section XX.E.1.a, incorporated by reference, in Section R307-110-28. (2) The requirements of Rule R307-150 replace any annual inventory reporting requirements in approval orders or operating permits issued [prior to]before December 4, 2003. (3) Emission inventories shall be submitted on or before April 15 of each year following the calendar year for which an inventory is required. The inventory shall be submitted in a format specified by the Division of Air Quality following consultation with each source. (4) The [executive secretary]Director may require at any time a full or partial[ ]-year inventory upon reasonable notice to affected sources when it is determined that the inventory is necessary to develop a state implementation plan, to assess whether there is a threat to public health or safety or the environment, or to determine whether the source is in compliance with Title R307. (5) Recordkeeping [R]requirements include the following[.]: (a) [E]each owner or operator of a stationary source subject to this rule shall maintain a copy of the emission inventory submitted to the Division of Air Quality and records indicating how the information submitted in the inventory was determined, including any calculations, data, measurements, and estimates used[.];[ The records under Section R307-150-4 shall be kept for ten years. Other records shall be kept for a period of at least five years from the due date of each inventory.] (i) the records under Section R307-150-4 shall be kept for ten years; (ii) other records shall be kept for a period of at least five years from the due date of each inventory; (b) [T]the owner or operator of the stationary source shall make these records available for inspection by any representative of the Division of Air Quality during normal business hours. R307-150-2. Definitions. The following additional definitions apply to Rule R307-150:[, and all references to the "Threshold Limit Values for chemical Substances and Physical Agents and Biological Exposure Indices" adopted by the American Conference of Governmental Industrial Hygienists refers to the 2003 version, which is hereby incorporated by reference. "Acute pollutant" means any noncarcinogenic air pollutant for which a threshold limit value - ceiling (TLV-C) has been adopted by the American Conference of Governmental Industrial Hygienists in its "Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices," 2003 edition. "Carcinogenic pollutant" means any air pollutant that is classified as a known human carcinogen (A1) or suspected human carcinogen (A2) by the American Conference of Governmental Industrial Hygienists in its "Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices," 2003 edition. "Chronic Pollutant" means any noncarcinogenic air pollutant for which a threshold limit value - time weighted average (TLV-TWA) having no threshold limit value - ceiling (TLV-C) has been adopted by the American Conference of Governmental Industrial Hygienists in its "Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices," 2003 edition. "Dioxins" and "Furans" mean total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans.] "Emissions unit" means emissions unit as defined in Section R307-415-3. "Large Major Source" means a major source that emits or has the potential to emit 2,500 tons or more per year of oxides of sulfur, oxides of nitrogen, or carbon monoxide, or that emits or has the potential to emit 250 tons or more per year of PM10, PM2.5, volatile organic compounds, or ammonia. "Lead" means elemental lead and the portion of its compounds measured as elemental lead. "Major Source" means major source as defined in Section R307-415-3. “Mobile Emissions” means emissions from mobile sources as defined in 40 CFR § 51.491 which never leave the property line. R307-150-3. Applicability.
(1) Section R307-150-4 applies to stationary sources with actual emissions of 100 tons or more per year of sulfur dioxide in calendar year 2000 or any subsequent year unless exempted in Subsection R307-150-3(1)([a]b).[ Sources subject to Subsection R307-150-4 may be subject to other sections of Rule R307-150.] (a) Stationary sources subject to Subsection R307-150-3(1) that emit less than 100 tons per year of sulfur dioxide in any subsequent year shall remain subject to Section R307-150-4. (b) Stationary sources that meet the requirements of Subsection R307-150-3(1) that have permanently ceased operation are exempt from the requirements of Section R307-150-4 for the years during which the source did not operate at any time during the year, except for the Carbon Power Plant, which, beginning with 2016 emissions, the Division of Air Quality shall include emissions of 8,005 tons per year of sulfur dioxide in the annual regional sulfur dioxide milestone report required as part of the Regional Haze State Implementation Plan. (c) Sources subject to Section R307-150-4 may be subject to other sections of Rule R307-150. [ (a) A stationary source that meets the requirements of Subsection R307-150-3(1) that has permanently ceased operation is exempt from the requirements of Section R307-150-4 for the years during which the source did not operate at any time during the year. (b) Notwithstanding Subsection R307-150-3(1)(a), beginning with 2016 emissions, the Division of Air Quality will include emissions of 8,005 tons per year of sulfur dioxide for the Carbon Power Plant in the annual regional sulfur dioxide milestone report required as part of the Regional Haze State Implementation Plan. (c) Except as provided in Subsection R307-150-3(1)(a), any source that meets the criteria of Subsection R307-150-3(1) and that emits less than 100 tons per year of sulfur dioxide in any subsequent year shall remain subject to the requirements of Section R307-150-4 until 2018 or until the first control period under the Western Backstop Sulfur Dioxide Trading Program as established in Subsection R307-250-12(1)(a), whichever is earlier.] (2) Section R307-150-5 applies to large major sources. (3) Section R307-150-6 applies to each: (a) [each ]major source that is not a large major source; (b) [each ]source with the potential to emit [5]five tons or more per year of lead; (c) [each ]source not included in Subsection[s] R307-150-3(2), R307-150-3(3)(a), or R307-150-3(3)(b) that is located in Davis, Salt Lake, Utah, or Weber Counties and that has the potential to emit 25 tons or more per year of any combination of oxides of nitrogen, oxides of sulfur and PM10, or the potential to emit [10]ten tons or more per year of volatile organic compounds; and (d) [each ]Part 70 source not included in Subsection[s] R307-150-3(2), R307-150-3(3)(a), R307-150-3(3)(b), or R307-150-3(3)(c). (4) Section R307-150-8 applies to sources with Standard Industrial Classification codes in the major group 13 that have uncontrolled actual emissions greater than one ton per year for a single pollutant of PM10, PM2.5, oxides of nitrogen, oxides of sulfur, carbon monoxide, or volatile organic compounds. These sources include, [but are not limited to, ]industries involved in oil and natural gas exploration, production, and transmission operations[;], well production facilities[;], natural gas compressor stations[;], [and ]natural gas processing plants, and commercial oil and gas disposal wells, and ponds. (a) Sources that require inventory submittals under Subsections R307-150-3(1) through [R307-150-3](3) are excluded from the requirements of Section R307-150-8. (5) Section R307-150-9 applies to stationary sources located in a designated ozone nonattainment area that have the potential to emit oxides of nitrogen or volatile organic compounds greater than 25 tons per year. R307-150-4. Sulfur Dioxide Milestone Inventory Requirements. (1) Annual Sulfur Dioxide Emission Report requirements are as follows. (a) Sources identified in Subsection R307-150-3(1) shall submit an annual inventory of sulfur dioxide emissions beginning with calendar year 2003 for emissions units including fugitive emissions.
(b) The inventory shall include the rate and period of emissions, excess or breakdown emissions, startup and shut down emissions, the specific emissions unit that is the source of the air pollution, type and efficiency of the air pollution control equipment, percent of sulfur content in fuel and how the percent is calculated, and other information necessary to quantify operation and emissions and to evaluate pollution control efficiency. The emissions of a pollutant shall be calculated using the source's actual operating hours, production rates, and types of materials processed, stored, or combusted during the inventoried [time ]period. (2) Each source subject to Section R307-150-4 that is also subject to 40 CFR Part 75 reporting requirements shall submit a summary report of annual sulfur dioxide emissions that were reported to the Environmental Protection Agency under 40 CFR Part 75 in lieu of the reporting requirements in Subection (1)[ above]. (3) Changes in Emission Measurement Techniques include:[. Each source subject to Section R307-150-4 that uses a different emission monitoring or calculation method than was used to report their sulfur dioxide emissions in 2006 under Rule R307-150 or 40 CFR Part 75 shall adjust their reported emissions to be comparable to the emission monitoring or calculation method that was used in 2006. The calculations that are used to make this adjustment shall be included with the annual emission report.] (a) each source subject to Section R307-150-4 that uses a different emission monitoring or calculation method than was used to report their sulfur dioxide emissions in 2006 under Rule R307-150 or 40 CFR Part 75 shall adjust their reported emissions to be comparable to the emission monitoring or calculation method that was used in 2006; and (b) the calculations that are used to make this adjustment shall be included with the annual emission report. R307-150-5. Sources Identified in Subsection R307-150-3(2), Large Major Source Inventory Requirements. (1) Each large major source shall submit an emission inventory annually beginning with calendar year 2002. The inventory shall include PM10, PM2.5, oxides of sulfur, oxides of nitrogen, carbon monoxide, volatile organic compounds, and ammonia for emissions units including fugitive and mobile
emissions. (2) For every third year beginning with 2005, the inventory shall also include [all]any other chargeable pollutants and hazardous air pollutants[ not exempted in Section R307-150-7]. (3) For each pollutant specified in Subsection (1) or (2)[ above], the inventory shall include the rate and period of emissions, excess or breakdown emissions, startup and shut down emissions, the specific emissions unit that is the source of the air pollution, composition of air pollutant, type and efficiency of the air pollution control equipment, and other information necessary to quantify operation and emissions and to evaluate pollution control efficiency. The emissions of a pollutant shall be calculated using the source's actual operating hours, production rates, and types of materials processed, stored, or combusted during the inventoried [time ]period.
R307-150-6. Sources Identified in Subsection R307-150-3(3). (1) Each source identified in Subsection R307-150-3(3) shall submit an inventory every third year beginning with calendar year 2002 for emissions units including fugitive and mobile emissions. (a) The inventory shall include PM10, PM2.5, oxides of sulfur, oxides of nitrogen, carbon monoxide, volatile organic compounds, ammonia, other chargeable pollutants, and hazardous air pollutants not exempted in Section R307-150-7. (b) For each pollutant, the inventory shall include the rate and period of emissions, excess or breakdown emissions, startup and shut down emissions, the specific emissions unit which is the source of the air pollution, composition of air pollutant, type and efficiency of the air pollution control equipment, and other information necessary to quantify operation and emissions and to evaluate pollution control efficiency. The emissions of a pollutant shall be calculated using the source's actual operating hours, production rates, and types of materials processed, stored, or combusted during the inventoried [time ]period. (2) Sources identified in Subsection R307-150-3(3) shall submit an inventory for each year after 2002 in which the total amount of PM10, oxides of sulfur, oxides of nitrogen, carbon monoxide, or volatile organic compounds increases or decreases by 40 tons or more per year from the most recently submitted inventory. For each pollutant, the inventory shall meet the requirements of Subsections R307-150-6(1)(a) and R307-150-6(1)(b). [R307-150-7. Exempted Hazardous Air Pollutants. (1) The following air pollutants are exempt from this rule if they are emitted in an amount less than that listed in Table 1.
TABLE 1 POLLUTANT Pounds/year
Arsenic 0.21 Benzene 33.90
Beryllium 0.04 Ethylene oxide 38.23
Formaldehyde 5.83 (2) Hazardous air pollutants, except for dioxins or furans, are exempt from being reported if they are emitted in an amount less than the smaller of the following: (a) 500 pounds per year; or (b) for acute pollutants, the applicable TLV-C expressed in milligrams per cubic meter and multiplied by 15.81 to obtain the pounds-per-year threshold; or (c) for chronic pollutants, the applicable TLV-TWA expressed in milligrams per cubic meter and multiplied by 21.22 to obtain the pounds-per-year threshold; or (d) for carcinogenic pollutants, the applicable TLV-C or TLV-TWA expressed in milligrams per cubic meter and multiplied by 7.07 to obtain the pounds-per-year threshold.] R307-150-[8]7. Crude Oil and Natural Gas Source Category. (1) Sources identified in Subsection R307-150-3(4) shall submit an inventory every third year beginning with the 2017 calendar year for emission units. The inventory shall: (a) [The inventory shall ]include the total emissions for PM10, PM2.5, oxides of sulfur, oxides of nitrogen, carbon monoxide and volatile organic compounds for each emission unit at the source[.]and [T]the emissions of a pollutant shall be calculated using the emission unit's actual operating hours, product rates, and types of materials processed, stored, or combusted during the inventoried [time ]period[.]; (b) [The inventory shall ]include the type and efficiency of air pollution control equipment[.]; and (c) [The inventory shall ]be submitted in an electronic format determined by the Director specific to this source category. R307-150-[9]8. Annual Ozone Emission Statement. (1) Beginning in the year 2021, sources identified in Subsection R307-150-3(5) shall submit an ozone emission statement to the Division of Air Quality annually by April 15 of each year for the previous year's emissions. (2) A source required to submit an emission statement shall provide the following minimum information: (a) a certification that the information contained in the statement is accurate to the best knowledge of the individual certifying the statement; (b) the physical location where actual emissions occurred; (c) the name and address of person or entity operating or owning the source; (d) the nature of the source; and (e) the total actual emissions of oxides of nitrogen and volatile organic compounds in tons per year for each emission unit. (3) Emission statements shall be submitted in an electronic format determined by the Director. KEY: air pollution, reports, inventories Date of Last Change: September 3, 2020 Notice of Continuation: November 1, 2023 Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(c)