DAQ-2024-011436

State of Utah Administrative Rule Analysis
Revised May 2024
NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: Amendment
Rule or Section Number: R307-401 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:
Alan Humpherys 801-536-4142 [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:
R307-401. Permit: New and Modified Sources.

3. Purpose of the new rule or reason for the change:
The Division of Air Quality (DAQ) will be proposing a new rule R307-209, Portable Aggregate Processing Plants, which will
impact Rule R307-401 Permit: New and Modified Sources by necessitating an additional exemption under Subsection R307-401-10(8).
4. Summary of the new rule or change:
This filing adds an additional source listed as a new Subsection, R307-401-10(8) portable aggregate processing plant, to the list of exemptions under Section R307-401-10 Source Category Exemptions. This change is because of the introduction of new Rule R307-209, Portable Aggregate Processing Plants.
Fiscal Information
5. Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
A) State budget:
On average, DAQ issues around four portable Approval Orders a year. The average cost of a portable approval order is $3,075. It is anticipated that the DAQ will not receive around $12,300 a year in permitting fees by implementing this rule.
B) Local governments:
DAQ is not aware of any local governments that have a portable Approval Order, so it is anticipated that this rule change will not have an impact on local governments.
C) Small businesses ("small business" means a business employing 1-49 persons):
The proposed changes to Rule R307-401 are anticipated to provide a total fiscal savings of $12,300 per year to all impacted
companies, with no negative fiscal impacts anticipated. At this time DAQ is unable to estimate how many of the total companies impacted by this rulemaking are small businesses, however the anticipated savings would apply to all small
businesses impacted.
D) Non-small businesses ("non-small business" means a business employing 50 or more persons):
The proposed amendments to Rule R307-401 are anticipated to provide a total fiscal savings of $12,300 per year to all impacted companies, with no negative fiscal impacts anticipated. At this time DAQ is unable to estimate how many of the total companies impacted by this rulemaking are non-small businesses, however the anticipated savings would apply to all non-small businesses impacted.
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):
It is anticipated that amendments to Rule R307-401 would not impact other persons because other persons are not regulated by this rule.0
F) Compliance costs for affected persons (How much will it cost an impacted entity to adhere to this rule or its changes?):
Rule R307-401 will exempt sources from the requirement to obtain Air Quality Approval Orders; therefore, it is anticipated that these amendments will not impose any new compliance costs to affected persons.
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 $6,150 $12,300 $12,300
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 $12,300 $12,300
Fiscal Benefits FY2025 FY2026 FY2027
State Government $0 $0 $0
Local Governments $0 $0 $0
Small Businesses $0 $0 $0
Non-Small Businesses $6,150 $12,300 $12,300
Other Persons $0 $0 $0
Total Fiscal Benefits $6,150 $12,300 $12,300
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:
Utah Code 19-2-104 U.S.C. Title 42 Chapter 85 Subchapter I Part A Section 7410 (a)(1)2(A)

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: 12/31/2024
B) A public hearing (optional) will be held:
Date (mm/dd/yyyy): Time (hh:mm AM/PM): Place (physical address or URL):
12/18/2024 1:00 PM R307-209/R307-401 Public Hearing
Wednesday, December 18, 2024 at 1:00 PM
In Person
Multi-Agency State Office Building
(MASOB) 195 N 1950 W, Salt Lake City, UT 84116, USA
Air Quality Board Room 1015, 1st Floor
Or attend virtually:
Air Quality Public Hearing R307-209/R307-401
Wednesday, December 18 · 1 – 2pm Time zone: America/Denver Google Meet joining info Video call link: https://meet.google.com/pap-hiyu-unw Or dial: 4082-438-413 1+ (US) PIN: 203 356677# More phone numbers: https://tel.meet/pap-hiyu-unw?pin=6631750756387 In accordance with 63G-3-302, please note
that if no requests for a public hearing for
R307-401 and/or R307-209 are received by 2:00pm on December 13th, 2024, then we will
cancel this hearing.
To determine if the hearing has been cancelled and/or view the cancellation notice, you can
visit:
https://deq.utah.gov/air-quality/air-quality-rule-plan-changes-open-public-comment

To the agency: If more than one hearing will take place, continue to add rows.

9. This rule change MAY become effective on: 02/05/2025
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: 10/22/2024
R307. Environmental Quality, Air Quality. R307-401. Permit: New and Modified Sources. R307-401-1. Purpose. This rule establishes the application and permitting requirements for new installations and modifications to existing installations throughout the [S]statel[ of Utah]. Additional permitting requirements apply to larger installations or installations located in nonattainment or maintenance areas. These additional requirements can be found in Rules R307-403, R307-405, R307-406, R307-420, and R307-421. Modeling requirements in Rule R307-410 may also apply. Each of the permitting rules establishes independent requirements, and the owner or operator [must]shall comply with [all]each of the requirements that apply to the installation. Exemptions under Rule R307-401 do not affect applicability of the other permitting rules. R307-401-2. Definitions. "Actual emissions" (a) means the actual rate of emissions of an air pollutant from an emissions unit, as determined in accordance with Subsections R307-401-2(b) through R307-401-2(d). (b) 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 air pollutant during a consecutive 24-month period which precedes the particular date and which is representative of normal source operation. 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. (c) The director may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit. (d) For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date. "Best available control technology" means an emissions limitation (including a visible emissions standard) based on the maximum degree of reduction for each air pollutant which would be emitted from any proposed stationary source or modification which the director, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR parts 60 and 61. If the director determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results. Air Strippers" are systems designed to pump groundwater to the surface for treatment, usually by aeration. "Building, structure, facility, or installation" means all of the pollutant-emitting activities which belong to the same industrial
grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under
common control) except the activities of any vessel. 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 (U.S. Government Printing Office stock numbers 4101-0066 and 003-005-00176-0, respectively). "Construction" means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) that would result in a change in emissions.
"Emissions unit" means any part of a stationary source that emits or would have the potential to emit any air pollutant. "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. "Indirect source" means a building, structure, facility, or installation which attracts or may attract mobile source activity that results in emissions of a pollutant for which there is a national standard. "Potential to emit" means the maximum capacity of a stationary source to emit an air 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.
"Secondary emissions" means emissions which occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. Secondary emissions include emissions
from any offsite support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary 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. "Soil Aeration" is an ex-situ treatment process where excavated soil from a remediation project is spread in a thin layer to encourage biodegradation of soil contamination. Biodegradation may be stimulated through aeration or the addition of minerals, nutrients, [and/]or moisture.
"Soil Vapor Extraction", or SVE, is a system designed to extract vapor phase contaminants from the subsurface. SVE systems are often combined with other technologies, such as air sparging or vacuum-enhanced recovery systems. "Stationary source" means any building, structure, facility, or installation which emits or may emit an air pollutant. "Vapor Mitigation System", or VMS, is a sub-slab system whose primary purpose is mitigating vapor intrusion into an occupied, or occupiable, structure and is not intended or designed for the remediation of contaminated soil or groundwater. This definition includes both active and passive systems. Passive systems consist of a vapor barrier either below or above the slab of a structure and a venting
system installed under a structure to divert vapor from beneath the structure to the sides or roofline of a structure. Active systems are similar to passive systems but incorporate a blower or fan to actively extract air from beneath the structure. R307-401-3. Applicability. (1) Rule R307-401 applies to any person planning to: (a) construct a new installation that will or might reasonably be expected to be a source or an indirect source of air pollution;
(b) make modifications to or relocate an existing installation that will or might reasonably be expected to increase the amount of or change the character or effect of air pollutants discharged, so that the installation may be expected to be a source or indirect source of air pollution; or (c) install an air cleaning device or other equipment intended to control emission of air pollutants. (2) Rules R307-403, R307-405 and R307-406 may establish additional permitting requirements for new or modified sources. (a) Exemptions contained in Rule R307-401 do not affect applicability or other requirements under Rule[s] R307-403, R307-405 or R307-406. (b) Exemptions contained in Rule[s] R307-403, R307-405 or R307-406 do not affect applicability or other requirements under Rule R307-401, unless specifically authorized in this rule. R307-401-4. General Requirements. The general requirements in Subsections R307-401-4(1) through R307-401-4(4) apply to [all]any new and modified installations, including installations that are exempt from the requirement to obtain an approval order. (1) Any control apparatus installed on an installation shall be adequately and properly maintained. (2) If the director determines that an exempted installation is not meeting an approval order or State Implementation Plan limitation, is creating an adverse impact to the environment, or would be injurious to human health or welfare, the director may require the owner or operator to submit a notice of intent and obtain an approval order in accordance with Sections R307-401-5 through R307-401-8. The director will complete an appropriate analysis and evaluation in consultation with the owner or operator before determining that an approval order is required. (3) Low Oxides of Nitrogen Burner Technology. (a) Except as provided in Subsection R307-401-4(3)(b), when[ever] existing fuel combustion burners are replaced, the owner or operator shall install low oxides of nitrogen burners or equivalent oxides of nitrogen controls, as determined by the director, unless such equipment is not physically practical or cost effective. The owner or operator shall submit a demonstration that the equipment is not physically practical or cost effective to the director for review and approval [prior to]before beginning construction. (b) [The provisions of]Subsection (a) [above] does not apply to non-commercial, residential buildings. (4) A person [shall]may not operate a source of air pollution that is required to have a permit under Rule R307-401 unless the
person has obtained a permit for the source under the procedures of Rule R307-401. R307-401-5. Notice of Intent. (1) Except as provided in Sections R307-401-9 through R307-401-17, any person subject to Rule R307-401 shall submit a notice of intent to the director and receive an approval order precedent to the construction, modification, installation, establishment, or relocation of an air pollutant source or indirect source. The notice of intent shall be in a format specified by the director.
(2) The notice of intent shall include the following information: (a) A description of the nature of the processes involved; the nature, procedures for handling and quantities of raw materials; the type and quantity of fuels employed; and the nature and quantity of finished product. (b) The expected composition and physical characteristics of effluent stream both before and after treatment by any control apparatus, including emission rates, volume, temperature, air pollutant types, and concentration of air pollutants. (c) The size, type, and performance characteristics of any control apparatus.
(d) An analysis of best available control technology for the proposed source or modification. When determining best available control technology for a new or modified source in an ozone nonattainment or maintenance area that will emit volatile organic compounds or nitrogen oxides, the owner or operator of the source shall consider EPA Control Technique Guidance (CTG) documents and Alternative Control Technique documents that are applicable to the source. Best available control technology shall be at least as stringent as any published CTG that [is applicable]applies to the source. (e) The location and elevation of the emission point and other factors relating to dispersion and diffusion of the air pollutant in
relation to nearby structures and window openings, and other information necessary to appraise the possible effects of the effluent. (f) The location of planned sampling points and the tests of the completed installation to be made by the owner or operator when necessary to ascertain compliance. (g) The typical operating schedule. (h) A schedule for construction. (i) Any plans, specifications and related information that are in final form at the time of submission of notice of intent.
(j) Any additional information required by: (i) Rule R307-403, Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas; (ii) Rule R307-405, Permits: Major Sources in Attainment or Unclassified Areas (PSD); (iii) Rule R307-406, Visibility;
(iv) Rule R307-410, Permits: Emissions Impact Analysis; (v) Rule R307-420, Permits: Ozone Offset Requirements in Davis and Salt Lake Counties; or
(vi) Rule R307-421, Permits: PM10 Offset Requirements in Salt Lake County and Utah County. (k) Any other information necessary to determine if the proposed construction, modification, installation, or establishment will be in accord with Title R307. (l) The payment of a new source review fee established under Subsection 19-1-201(6)(i). (3) Notwithstanding the exemptions in Sections R307-401-9 through R307-401-16, any person that is subject to Rule[s] R307-403, R307-405, or R307-406 shall submit a notice of intent to the director and receive an approval order precedent to the construction,
modification, installation, establishment, or relocation of an air pollutant source or indirect source. R307-401-6. Review Period. (1) Completeness Determination. Within 30 days after receipt of a notice of intent, or any additional information necessary to the review, the director will advise the applicant of any deficiency in the notice of intent or the information submitted. (2) Within 90 days after the receipt of a complete application including [all ]the information described in Section R307-401-5, the director will (a) issue an approval order for the proposed construction, installation, modification, relocation, or establishment pursuant to the requirements of Section R307-401-8[,]; or (b) issue an order prohibiting the proposed construction, installation, modification, relocation or establishment if it is determined that any part of the proposal will not be in the accord with the requirements of Title R307. (3) The review period under Subsection R307-401-6(2) may be extended by up to three 30-day extensions if more time is needed to review the proposal. R307-401-7. Public Notice. (1) Issuing the Notice. [Prior to]Before issuing an approval or disapproval order of the proposed construction, installation, modification, relocation or establishment, the director shall: (a) publish a legal notice of the intent to approve or disapprove on the public legal notice website under Subsection 45-1-101(2); (b) notify the public of the intent to approve or disapprove on the Division's website; and (c) post the draft permit and administrative record for the draft permit, or information on how to access the administrative record for the draft permit, on the Division's website [for the duration of]during the public comment period. (2) Opportunity for Review and Comment. (a) At least one location will be provided where the information submitted by the owner or operator, the director's analysis of the notice of intent proposal, and the proposed approval order conditions will be available for public inspection. (b) Public Comment.
(i) A 30-day public comment period will be established. (ii) A request to extend the length of the comment period, up to 30 days, may be submitted to the director within 15 days of the date the legal notice in Subsection R307-401-7(1)(a) is published. (iii) Public Hearing. A request for a hearing on the proposed approval or disapproval order may be submitted to the director within 15 days of the date the legal notice in Subsection R307-401-7(1)(a) is published. (iv) The hearing will be held in the area of the proposed construction, installation, modification, relocation or establishment.
(v) The public comment and hearing procedure [shall]may not be required when an order is issued to extend the time required by the director to review plans and specifications. (3) The director will consider comments received during the public comment period and at the public hearing and, if appropriate, will make changes to the proposal in response to comments before issuing an approval order or disapproval order. R307-401-8. Approval Order.
(1) The director will issue an approval order if the following conditions have been met: (a) The degree of pollution control for emissions, to include fugitive emissions and fugitive dust, is at least best available control technology. When determining best available control technology for a new or modified source in an ozone nonattainment or maintenance area that will emit volatile organic compounds or nitrogen oxides, best available control technology shall be at least as stringent as any Control Technique Guidance document that has been published by EPA that [is applicable]applies to the source. (b) The proposed installation will meet the applicable requirements of:
(i) Rule R307-403, Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas; (ii) Rule R307-405, Permits: Major Sources in Attainment or Unclassified Areas (PSD); (iii) Rule R307-406, Visibility; (iv) Rule R307-410, Permits: Emissions Impact Analysis; (v) Rule R307-420, Permits: Ozone Offset Requirements in Davis and Salt Lake Counties; (vi) Rule R307-210, Standards of Performance for New Stationary Sources;
(vii) National Primary and Secondary Ambient Air Quality Standards; (viii) Rule R307-214, National Emission Standards for Hazardous Air Pollutants; (ix) Rule R307-110, General Requirements: State Implementation Plan; and (x) [all]any other [provisions]requirements of Title R307. (2) The approval order will require that [all]any pollution control equipment be adequately and properly maintained. (3) Receipt of an approval order does not relieve any owner or operator of the responsibility to comply with the
[provisions]requirements of Title R307 or the State Implementation Plan. (4) To accommodate staged construction of a large source, the director may issue an order authorizing construction of an initial stage [prior to]before receipt of detailed plans for the entire proposal provided that, through a review of general plans, engineering reports and other information the proposal is determined feasible by the director under the intent of Title R307. Subsequent detailed plans will then be processed as prescribed in this [paragraph]Subsection. For staged construction projects the previous determination under Subsections R307-401-8(1) and (2) will be reviewed and modified as appropriate at the earliest reasonable time [prior to]before commencement of
construction of each independent phase of the proposed source or modification. (5) If the director determines that a proposed stationary source, modification or relocation does not meet the conditions established in Subsection (1) above, the director will not issue an approval order. R307-401-9. Small Source Exemption. (1) A small stationary source is exempt from the requirement to obtain an approval order in Sections R307-401-5 through R307-401-8 if the following conditions are met. (a) its actual emissions are less than 5 tons per year per air pollutant of any of the following air pollutants: sulfur dioxide, carbon monoxide, nitrogen oxides, PM10, ozone, or volatile organic compounds; (b) its actual emissions are less than 500 pounds per year of any hazardous air pollutant and less than 2000 pounds per year of any combination of hazardous air pollutants; (c) its actual emissions are less than 500 pounds per year of any air pollutant not listed in Subsection (a) or (b) above and less than 2000 pounds per year of any combination of air pollutants not listed in Subsection (a) or (b) above. (d) Air pollutants that are drawn from the environment through equipment in intake air and then are released back to the environment without chemical change, as well as carbon dioxide, nitrogen, oxygen, argon, neon, helium, krypton, xenon should not be included in emission calculations when determining applicability under Subsections (a) through (c) above. (2) The owner or operator of a source that is exempted from the requirement to obtain an approval order under Subsection (1) above shall no longer be exempt if actual emissions in any subsequent year exceed the emission thresholds in (1) above. The owner or operator shall submit a notice of intent under Section R307-401-5 no later than 180 days after the end of the calendar year in which the source exceeded the emission threshold. (3) Small Source Exemption - Registration. The director will maintain a registry of sources that are claiming an exemption under Section R307-401-9. The owner or operator of a stationary source that is claiming an exemption under Section R307-401-9 may submit a written registration notice to the director. The notice shall include the following minimum information: (a) identifying information, including company name and address, location of source, telephone number, and name of plant site manager or point of contact; (b) a description of the nature of the processes involved, equipment, anticipated 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 apparatus used; and (f) typical operating schedule. (4) An exemption under Section R307-401-9 does not affect the requirements of Section R307-401-17, Temporary Relocation.
(5) A stationary source that is not required to obtain a permit under Rule R307-405 for greenhouse gases, as defined in Subsection R307-405-3(9)(a), is not required to obtain an approval order for greenhouse gases under Rule R307-401. This exemption does not affect the requirement to obtain an approval order for any other air pollutant emitted by the stationary source. R307-401-10. Source Category Exemptions. The source categories described in Section R307-401-10 are exempt from the requirement to obtain an approval order found in
Sections R307-401-5 through R307-401-8. The general provisions in Section R307-401-4 shall apply to these sources. (1) Fuel-burning equipment in which combustion takes place at no greater pressure than one inch of mercury above ambient pressure with a rated capacity of less than five million BTU per hour using no other fuel than natural gas or LPG or other mixed gas that meets the standards of gas distributed by a utility in accordance with the rules of the Public Service Commission of the State of Utah, unless
there are emissions other than combustion products. (2) Comfort heating equipment such as boilers, water heaters, air heaters and steam generators with a rated capacity of less than
one million BTU per hour if fueled only by fuel oil numbers 1 – 6[,]; (3) Emergency heating equipment, using coal or wood for fuel, with a rated capacity less than 50,000 BTU per hour. (4) Exhaust systems for controlling steam and heat that do not contain combustion products. (5) A well site as defined in 40 CFR 60.5430a, including centralized tank batteries, that is not a major source as defined in Section R307-101-2, and is registered with the Division as required by Rule R307-505. (6) A gasoline dispensing facility as defined in 40 CFR 63.11132 that is not a major source as defined in Section R307-101-2.
These sources shall comply with the applicable requirements of Rule R307-328 and 40 CFR 63 Subpart CCCCCC: National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities. (7) A Vapor Mitigation System as defined in Section R307-401-2. (8) A Portable Aggregate Processing Plant as defined in Section R307-209-2. R307-401-11. Replacement-in-Kind Equipment. (1) Applicability. Existing process equipment or pollution control equipment that is covered by an existing approval order or State Implementation Plan requirement may be replaced using the procedures in Subsection (2)[ below] if: (a) the potential to emit of the process equipment is the same or lower; (b) the number of emission points or emitting units is the same or lower; (c) no additional types of air pollutants are emitted as a result of the replacement;
(d) the process equipment or pollution control equipment is identical to or functionally equivalent to the replaced equipment; (e) the replacement does not change the basic design parameters of the process unit or pollution control equipment; (f) the replaced process equipment or pollution control equipment is permanently removed from the stationary source, otherwise permanently disabled, or permanently barred from operation; (g) the replacement process equipment or pollution control equipment does not trigger New Source Performance Standards or National Emissions Standards for Hazardous Air Pollutants under 42 U.S.C. 7411 or 7412; and (h) the replacement of the control apparatus or process equipment does not violate any other [provision]requirement of Title R307. (2) Replacement-in-Kind Procedures. (a) In lieu of filing a notice of intent under Section R307-401-5, the owner or operator of a stationary source shall submit a written notification to the director before replacing the equipment. The notification shall contain a description of the replacement-in-kind equipment, including the control capability of any control apparatus and a demonstration that the conditions of Subsection (1) above are met. (b) If the replacement-in-kind meets the conditions of Subsection (1) above, the director will update the source's approval order and notify the owner or operator. Public review under Section R307-401-7 is not required for the update to the approval order. (3) If the replaced process equipment or pollution control equipment is brought back into operation, it shall constitute a new emissions unit. R307-401-12. Reduction in Air Pollutants. (1) Applicability. The owner or operator of a stationary source of air pollutants that reduces or eliminates air pollutants is exempt from the requirement to submit a notice of intent and obtain an approval order [prior to]before construction if: (a) the project does not increase the potential to emit of any air pollutant or cause emissions of any new air pollutant[,]; and (b) the director is notified of the change and the reduction of air pollutants is made enforceable through an approval order in accordance with Subsection (2) below. (2) Notification. The owner or operator shall submit a written description of the project to the director no later than 60 days after the changes are made. The director will update the source's approval order or issue a new approval order to include the project and to make
the emission reductions enforceable. Public review under Section R307-401-7 is not required for the update to the approval order. R307-401-13. Plantwide Applicability Limits. A plantwide applicability limit under Section R307-405-21 does not exempt a stationary source from the requirements of Rule R307-401. R307-401-14. Used Oil Fuel Burned for Energy Recovery. (1) Definitions. "Used Oil" is defined as any oil that has been refined from crude oil, used, and, as a result of such use contaminated by physical or chemical impurities. (2) An emission unit that burns used oil, as defined in Section R315-15-1, for energy recovery is exempt from the requirement to obtain an approval order in Sections R307-401-5 through R307-401-8 if the owner or operator complies with Section
R315-15-6 and the heat input design of the emission unit is not more than 0.5 MMBtu/hr. R307-401-15. Air Strippers and Soil Vapor Extraction Systems. Section R307-401-15 applies to remediation systems with the potential to generate air emissions, such as air strippers and soil vapor extraction (SVE) as defined in Section R307-401-2. (1) The owner or operator of an air stripper or SVE remediation system is exempt from the notice of intent and approval order
requirements of Sections R307-401-5 through R307-401-8 if the following conditions are met: (a) actual emissions of volatile organic compounds from a given project are less than 5 tons per year; and (b) emission rates of hazardous air pollutants are below their respective threshold values contained in Subsection R307-410-5(1)(c)(i)(C). (2) The owner or operator shall submit documentation to the director that demonstrates the project meets the exemption criteria in Subsection R307-401-15(1). Required documentation includes[, but is not limited to]:
(a) project summary, including location, system description, operational schedule, and schedule for construction; (b) emission calculations and any laboratory sampling data used in calculations; and (c) plans and specifications for the system and equipment. (3) After beginning the soil remediation project, the owner or operator shall conduct testing to demonstrate compliance with the exemption levels in Subsections R307-401-15(1)(1) and (b). Monitoring and reporting shall be conducted as follows: (a) Emissions for air strippers shall be based on the following:
(i) influent and effluent water samples analyzed for volatile organic compounds and hazardous air pollutants using the most recent version of USEPA Test Method 8260, Method 8021, or other EPA approved testing methods acceptable to the director; and (ii) design water flow rate of the system or the water flow rates measured during the sample period. (b) Emissions for SVE systems shall be based on the following: (i) Air samples collected from a sample port in the exhaust stack of the SVE system and analyzed for volatile organic compounds and hazardous air pollutants using USEPA test method TO-15, or other EPA approved testing methods acceptable to the director.
(ii) Design air flow rate of the system or the air flow rates measured at the outlet of the SVE system during the sample period. Flow rates should be measured and reported at actual conditions. (c) Within one month of sampling, the owner or operator shall submit to the director the sample results, estimated emissions of volatile organic compounds, and estimated emission rates of hazardous air pollutants.
(d) Samples shall be collected at the following frequencies or more frequently as determined necessary by the director: (i) no less than [twenty-eight]28 days and no more than [thirty-one]31 days, [(i.e., ]monthly,[)] after startup for the first quarter; (ii) quarterly for the remainder of the first year; and (iii) semi-annually thereafter for the life of the project or as allowed in Subsection R307-401-15(3)(f). (e) If an SVE or air stripper system is restarted after rehabilitation or an extended period of shutdown, the owner or operator shall recommence the sampling schedule in Subsection R307-415(3)(d), unless otherwise approved by the director. (f) The owner or operator may request to discontinue sampling after three years of operation. To discontinue sampling, the owner or operator [must]shall submit to the director a request to discontinue monitoring. (i) The request [must]shall include documentation demonstrating emissions have remained below the exemption levels in Subsections R307-401-15(1)(a) and (b) since startup of the system. (ii) The request is subject to approval from the director upon consultation with other regulatory agencies involved in the project, such as Division of Environmental Response and Remediation or Division of Waste Management and Radiation Control. (4) The following control devices do not require a notice of intent or approval order when used in relation to an air stripper or soil vapor extraction system that is exempted under Section R307-401-15: (a) thermodestruction unit with a rated input capacity of less than five million BTU per hour using no other auxiliary fuel than natural gas or LPG[,]; or (b) carbon adsorption unit. R307-401-16. Soil Aeration Projects. Section R307-401-16 applies to soil aeration projects used to conduct soil remediation. (1) The owner or operator of a soil aeration project is not subject to the notice of intent and approval order requirements of Sections R307-401-5 through R307-401-8, if the following conditions are met:
(a) emissions of volatile organic compounds from a given soil aeration project are less than 5 tons per year; and (b) emission rates of hazardous air pollutants are below their respective threshold values contained in Subsection R307-410-(1)(c)(i)(C). (2) The owner or operator shall submit documentation to the director demonstrating the project meets the exemption criteria in Subsection R307-401-16(1). The owner or operator shall receive approval from the director for the exemption [prior to]before beginning the remediation project. Required documentation includes[, but is not limited to]:
(a) calculated emissions of volatile organic compounds and estimated emission rates of hazardous air pollutants from [all]any soils to be treated from the soil aeration project. (b) Emission calculations shall be based on soil samples of the soils to be remediated. Samples shall be analyzed for volatile organic compounds and hazardous air pollutants using the most recent version of USEPA Test Method 8260, Method 8021, or other EPA approved testing methods acceptable to the director. Emission calculations should be based on the methodology in EPA guidance "Air Emissions from the Treatment of Soils Contaminated with Petroleum Fuels and Other Substances" (EPA-600/R-92-124) or other
methodology acceptable to the director. (c) Location where soil aeration will occur and where the remediated material originated. (3) The owner or operator is exempt from the reporting requirements in Subsection R307-401-16(2) if excavated soils are disposed of at a disposal or treatment facility, such as a landfill, solid waste management facility, or a landfarm facility, that is owned or operated by a third party and operates under an existing approval order. R307-401-17. Temporary Relocation. The owner or operator of a stationary source previously approved under Rule R307-401 may temporarily relocate and operate the stationary source at any site for up to 180 working days in any calendar year not to exceed 365 consecutive days, starting from the initial relocation date. The director will evaluate the expected emissions impact at the site and compliance with applicable Title R307 rules as the basis for determining if approval for temporary relocation may be granted. Records of the working days at each site, consecutive days at each site, and actual production rate shall be submitted to the director at the end of each 180 calendar days. These records shall also be kept
on site by the owner or operator for the entire project, and be made available for review to the director as requested. Section R307-401-7, Public Notice, does not apply to temporary relocations under Section R307-401-17. R307-401-18. Eighteen Month Review. Approval orders issued by the director in accordance with [the provisions of ]Rule R307-401 will be reviewed [eighteen]18 months after the date of issuance to determine the status of construction, installation, modification, relocation or establishment. If a
continuous program of construction, installation, modification, relocation or establishment is not proceeding, the director may revoke the approval order. R307-401-19. General Approval Order. (1) The director may issue a general approval order that would establish conditions for similar new or modified sources of the same type or for specific types of equipment. The general approval order may apply throughout the state or in a specific area.
(a) A major source or major modification as defined in Rules R307-403, R307-405, or R307-420 for each respective area is not eligible for coverage under a general approval order. (b) A source that is subject to the requirements of Section R307-403-5 is not eligible for coverage under a general approval order. (c) A source that is subject to the requirements of Section R307-410-4 is not eligible for coverage under a general approval order unless a demonstration that meets the requirements of Section R307-410-4 was conducted. (d) A source that is subject to the requirements of Subsection R307-410-5(1)(c)(ii) is not eligible for coverage under a general approval order unless a demonstration that meets the requirements of Subsection R307-410-5(1)(c)(ii) was conducted. (e) A source that is subject to the requirements of Subsection R307-410-5(1)(c)(iii) is not eligible for coverage under a general approval order.
(2) A general approval order shall meet applicable requirements of Section R307-401-8. (3) The public notice requirements in Section R307-401-7 shall apply to a general approval order. (4) Application. (a) After a general approval order has been issued, the owner or operator of a proposed new or modified source may apply to be covered under the conditions of the general approval order. (b) The owner or operator shall submit the application on forms provided by the director in lieu of the notice of intent
requirements in Section R307-401-5 for equipment covered by the general approval order. (c) The owner or operator may request that an existing, individual approval order for the source be revoked, and that it be covered by the general approval order. (d) The owner or operator that has applied to be covered by a general approval order [shall]may not initiate construction, modification, or relocation until the application has been approved by the director. (5) Approval. (a) The director will review the application and approve or deny the request based on criteria specified in the general approval order for that type of source. If approved, the director will issue an authorization to the applicant to operate under the general approval order. (b) The public notice requirements in Section R307-401-7 do not apply to the approval of an application to be covered under
the general approval order. (c) The director will maintain a record of stationary sources that are covered by a specific general approval order and this record will be available for public review. (6) Exclusions and Revocation. (a) The director may require any source that has applied for or is authorized by a general approval order to submit a notice of intent and obtain an individual approval order under Section R307-401-8. Cases where the director will require an individual approval
order include the following: (i) the director determines that the source does not meet the criteria specified in the general approval order; (ii) the director determines that the application for the general approval order did not contain [all]the necessary information to evaluate applicability under the general approval order; (iii) modifications were made to the source that were not authorized by the general approval order or an individual approval order;
(iv) the director determines the source may cause a violation of a national ambient air quality standard; (v) the director determines that an approval order is required based on the compliance history and current compliance status of the source or applicant; or (vi) the director determines that an approval order is required for any other reason. (b)(i) Any source authorized by a general approval order may request to be excluded from the coverage of the general approval order by submitting a notice of intent under Section R307-401-5 and receiving an individual approval order under Section
R307-401-8. (ii) When the director issues an individual approval order to a source subject to a general approval order, the applicability of the general approval order to the individual source is revoked on the effective date of the individual approval order. (7) Modification of General Approval Order. The director may modify, replace, or discontinue the general approval order.
(a) Administrative corrections may be made to the existing version of the general approval order. These corrections are to correct typographical errors or similar minor administrative changes.
(b) [All]Any other modifications or the discontinuation of a general approval order [shall]may not apply to any source authorized under previous versions of the general approval order unless the owner or operator submits an application to be covered under the new version of the general approval order. Modifications under Subsection R307-401-19(7)(b) shall meet the public notice requirements in Subsection R307-401-19(3). (c) A general approval order shall be reviewed at least every three years. The review of the general approval order shall follow the public notice requirements of Subsection R307-401-19(3).
(8) Modifications at a source covered by a general approval order. A source may make modifications only as authorized by the approved general approval order. Modifications outside the scope authorized by the approved general approval order shall require a new application for either an individual approval order under Section R307-401-8 or a general approval order under Section R307-401-19. KEY: air pollution, permits, approval orders, greenhouse gases Date of Last Change: September 26, 2022 Notice of Continuation: May 4, 2022 Authorizing, and Implemented or Interpreted Law: 19-2-104(3)(b)(iii); 19-2-108