DAQ-2025-002321

State of Utah Administrative Rule Analysis Revised May 2024
NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: CPR (Change in Proposed Rule) Rule or Section Number: R307-110-17 Filing ID: Office Use Only Date of Previous Publication (Only for CPRs): 03/01/2025
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, UT Mailing address: PO Box 144820
City, state and zip: Salt Lake City, UT 84114-4820
Contact persons:
Name: Phone: Email:
Ana Williams 801-536-4153 [e-mail]
Jazmine Lopez 801-536-4050 [e-mail] Please address questions regarding information on this notice to the persons listed above.
General Information 2. Rule or section catchline:
R307-110-17. Section IX, Control Measures for Area and Point Sources, Part H, Emission Limits.
3. Purpose of the new rule or reason for the change:
The purpose of the amendment to Section R307-110-17 is to amend the Utah State Implementation Plan, Subsections IX.H.11 and IX.H.12 Emission Limits and Operating Practices to comply with the Clean Air Act requirements for Serious PM2.5 nonattainment areas as listed in Title 40 Code of Federal Regulations, Part 51, Subpart Z (40 CFR 51 Subpart Z). Section R307-110-17 incorporates amendments to Subsections IX.H.11 and IX.H.12 into the rule and shall be amended to change the Board adoption date to the anticipated adoption date of the amended plan.
4. Summary of the new rule or change:
This rule change is in response to comments received from impacted stakeholders during the public comment process after the Utah Air Quality Board proposed the amendments for a 30-day public comment period. The following changes were made in response to public comments: 1) Emission limits for two units at Big West Oil have been increased. 2) The deadline for initial stack testing for two units at Chevron has been changed from 2025 to 2027. 3) The stack testing frequency for two units at Marathon has been changed from annually to every three years. 4) Additional clarifying language has been added to various conditions in Part H.
Fiscal Information 5. Provide an estimate and written explanation of the aggregate anticipated cost or savings to: A) State budget:
This rule amendment is not expected to create additional costs or savings for the state government. These facilities are already permitted and inspected under existing rules and have existing stack testing requirements in place. Inspectors will be able to confirm compliance as part of normal stack testing processes.
B) Local governments:
This rule amendment is not expected to impact local governments; therefore, no costs or savings are anticipated. C) Small businesses ("small business" means a business employing 1-49 persons):
This rule amendment is not expected to impact small businesses; therefore, no costs or savings are anticipated.

D) Non-small businesses ("non-small business" means a business employing 50 or more persons):
The Utah Division of Air Quality anticipates that these changes to the proposed rule will impact four non-small businesses. The impacts are described below.
These changes will require new stack testing requirements on 11 emission units located across four non-small businesses. Stack testing costs were calculated based on information submitted to the UDAQ as part of the BACT/BACM process in 2017 for the PM2.5 Serious SIP. Assuming an average of $5,441 for stack testing costs, and accounting for inflation changes from 2017 to 2025, an average stack testing value of $7,071.38 was used. Stack tests will be required every three years, and start at different times across the four non-small businesses. Therefore, for 11 units, stack testing every three years across four non-small businesses, the estimated impact will be $77,785.18 per testing period.
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):
This amendment does not apply to persons other than small businesses, non-small businesses, state, or local government entities; therefore, no additional costs or savings are expected because of these changes.
F) Compliance costs for affected persons (How much will it cost an impacted entity to adhere to this rule or its changes?):
Compliance costs will consist of additional stack testing for four non-small businesses. The impacts are described below. Compliance costs are estimated at $77,785.18 every testing period for additional stack testing requirements. 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 $49,499.66 $0 $28,285.52 Other Persons $0 $0 $0
Total Fiscal Cost $49,499.66 $0 $28,285.52
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, Tim Davis, 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 19-2-104

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) Section IX, Control Measures for Area and Point Sources, Part H, Emission Limits.
Publisher Division of Air Quality, Utah Department of Environmental Quality
Issue Date 05/07/2025
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):
N/A To the agency: If more than one hearing will take place, continue to add rows. 9. This rule change MAY become effective on: 06/30/2025
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: 04/21/2025
R307. Environmental Quality, Air Quality. R307-110. General Requirements: State Implementation Plan. R307-110-17. Section IX, Control Measures for Area and Point Sources, Part H, Emission Limits. The Utah State Implementation Plan, Section IX, Control Measures for Area and Point Sources, Part H, Emission Limits and Operating Practices, as most recently amended by the Utah Air Quality Board on [February 5, 2025] May 7, 2025, pursuant to Section 19-2-104, is incorporated by reference and made a part of Rule R307-110. KEY: air pollution, PM10, PM2.5, ozone Date of Last Change: 2025[February 5, 2025] Notice of Continuation: December 1, 2021 Authorizing, and Implemented or Interpreted Law: 19-2-104