Utah Air Quality Permit (15-UT-a)
Air Quality Permit Process
15-UT-a.1 to 15-UT-a.2 – Is the Facility Exempt from Obtaining an Approval Order
The DEQ may exempt a developer from obtaining an Approval Order if the stationary source meets the small source exemption in UAC R307-401-9. Under UAC R307-401-9, the DEQ may exclude the source from an Approval Order if:
- Actual emissions are less than 5 tons per year air contaminant of sulfur dioxide, carbon monoxide, nitrogen oxides, PM10, ozone, or volatile organic compounds.
- Actual emissions are less than 500 pounds per year of any hazardous air pollutant and less than 2000 pounds of any combination of hazardous air pollutants.
- Actual emissions are less than 500 pounds per year of any air contaminant not listed above.
- Air contaminants are drawn from the environment through equipment in intake air and then released back to the environment without chemical change.
- The substance is carbon dioxide, nitrogen, oxygen, argon, neon, helium, krypton, and xenon.
The DEQ may exempt a developer from obtaining an Approval Order if the stationary source meets a source category exemption under UAC R307-401-10. Source categories exempt under UAC R307-401-10 include:
- 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.
- 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.
- Emergency heating equipment, using coal or wood for fuel, with a rated capacity less than 50,000 BTU per hour.
- Exhaust systems for controlling steam and heat that do not contain combustion products.
Additionally, the DEQ may exempt a developer from obtaining an Approval Order if:
- The stationary source meets a replacement-in-kind exemption under UAC R307-401-11.
- The stationary source reduces air contaminants under UAC R307-401-12.
- Tthe stationary source burns used oil fuel for energy recovery and meets the requirements of UAC R307-401-14.
- The stationary source is an air stripper or soil venting project and meets the requirements of UAC R307-401-15.
- The stationary source is soil aration project that releases de minimis emissions.
- The stationary source is a temporary relocation under UAC R307-401-17.
15-UT-a.3 – Notice of Intent and Associated Documents
The developer must submit a Notice of Intent to the DEQ for approval. The Notice of Intent should include:
- 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.
- Expected composition and physical characteristics of effluent stream both before and after treatment by any control apparatus, including emission rates, volume, temperature, air contaminant types, and concentration of air contaminants.
- Size, type and performance characteristics of any control apparatus.
- 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 must consider EPA Control Technique Guidance (CTG) documents and Alternative Control Technique documents that are applicable to the source. Best available control technology must be at least as stringent as any published CTG that is applicable to the source.
- Location and elevation of the emission point and other factors relating to dispersion and diffusion of the air contaminant in relation to nearby structures and window openings, and other information necessary to appraise the possible effects of the effluent.
- 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.
- The typical operating schedule.
- A schedule for construction.
- Any plans, specifications and related information that are in final form at the time of submission of notice of intent.
- Any additional information required by UAC R307-403, UAC R307-405, UAC R307-406, UAC R307-410, UAC R307-420, UAC R307-421, or any other information necessary to determine compliance with Title R307.
15-UT-a.4 to 15-UT-a.5 – Review Notice of Intent Completeness
The DEQ reviews the Notice of Intent and associated documents for completeness and accepts the Notice of Intent if complete.
15-UT-a.6 – Review Notice of Intent
The DEQ Executive Secretary reviews the Notice of Intent and determines whether to issue an approval order or an order prohibiting the proposed construction, installation, modification, relocation, or establishment.
15-UT-a.7 – Publish Notice of Proposed Decision and Allow for Comment
The DEQ, prior to issuing an approval or disapproval order, publishes notice of the intent to approve or disapprove in a newspaper of general circulation in the locality of the proposed construction, installation, modification, relocation, or establishment.
15-UT-a.8 – Comment on Proposed Decision
The public receives a ten-day public comment period to comment on the proposed decision. The ten-day comment period will be increased to thirty days for any source that is:
- Subject to the requirements of UAC R307-405 Permits: Major Sources in Attainment or Unclassified Areas;
- Subject to the requirements of UAC R307-406, Visibility;
- Subject to the requirements of UAC R307-415, Operating Permit Requirements;
- A synthetic minor source in accordance with UAC R307-415-4(6);
- Located in a nonattainment area or a maintenance area for any pollutant; or
- Subject to any standard or requirement of 42 U.S.C. 7411 or 42 U.S.C. 7412.
15-UT-a.9 – Does the Executive Secretary Receive a Hearing Request
A request for a hearing on the proposed decision to approve or disapprove the Approval Order may be submitted to the DEQ Executive Secretary within ten days for Approval Orders receiving a ten-day comment period and fifteen days for Approval Orders receiving a thirty-day comment period.
15-UT-a.10 – Hold Public Hearing
If the DEQ Executive Secretary receives a hearing request, the DEQ will hold a public hearing in the area of the proposed construction, installation, modification, relocation, or establishment.
15-UT-a.11 – Amend Proposed Decision
The DEQ Executive Secretary will consider all comments received during the public comment period and at the public hearing and will make any necessary changes to the proposal in response to the comments before issuing an Approval or Disapproval Order.
15-UT-a.12 - Does the Executive Secretary Approve the NOI under R307-401-8
The DEQ Executive Secretary determines whether the stationary source meets the approval criteria in UAC R307-401-8.
15-UT-a.13 – Disapproval Order
If the DEQ Executive Secretary determines that the stationary source does not meet the approval criteria in UAC R307-401-8, the Executive Secretary issues a Disapproval Order.
15-UT-a.14 – Approval Order
If the DEQ Executive Secretary determines that the stationary source meets the approval criteria in UAC R307-401-8, the Executive Secretary issues an Approval Order.
15-UT-a.15 – Conduct 18 Month Review
Approval Orders issued by the DEQ Executive Secretary are reviewed 18 months after the date of issuance to determine the status of construction, installation, modification, relocation, or establishment.
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