§ 19-2-109.6 — Plantwide applicability limitation -- Publication of guidance required -- Report to committee -- Rulemaking.

Utah § 19-2-109.6

• Jurisdiction: Utah
• Title 19: Environmental Quality Code
• Ch. 19-2: Air Conservation Act
• Part 19-2-1: General Provisions

Text

(1) As used in this section:
(1)(a) "Facility" means any building, structure, or installation that emits or may emit an air pollutant.
(1)(b) "Plantwide applicability limitation" means the same as that term is defined in 40 C.F.R. Sec. 52.21.
(2) The director shall, in conformity with the 1990 Clean Air Act and implementing federal regulations:
(2)(a) develop written guidance on plantwide applicability limitations:
(2)(a)(i) consistent with the EPA's Guidance on Plantwide Applicability Limitation Provisions Under the New Source Review Regulations Memorandum, dated August 4, 2020;
(2)(a)(ii) describing the benefits and advantages for a facility that may qualify for a plantwide applicability limitation;
(2)(a)(iii) considering examples of relevant guidance materials published in other states; and
(2)(a)(iv) considering examples of relevant programs implemented in other states;
(2)(b) make rules on plantwide applicability limitations in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(2)(b)(i) establishing an application procedure for obtaining a plantwide applicability limitation;
(2)(b)(ii) establishing the circumstances under which a plantwide applicability limitation may be reopened and adjusted;
(2)(b)(iii) ensuring the division receives input from a facility when the facility's plantwide applicability limitation is modified or reopened;
(2)(b)(iv) requiring public participation when a facility subject to a plantwide applicability limitation is reopened; and
(2)(b)(v) in contrast to 40 C.F.R. Sec. 51.166(w)(10)(iv)(b), requiring the director to renew a plantwide applicability limitation at the same level if the emissions level calculated upon renewal in accordance with 40 C.F.R. Sec. 51.166(w)(6) is equal to or greater than 80% of the existing plantwide applicability limitation level;
(2)(c) publish the guidance described in Subsection (2)(a) on the division's website in a manner that is easily accessible to members of industry and the public;
(2)(d) identify any facilities in the state that may benefit from a plantwide applicability limitation and share with the facilities the guidance described in Subsection (2)(a); and
(2)(e) upon request by a facility, provide individual consultation on how to apply for a plantwide applicability limitation.
(3) On or before November 30 of each year, the division shall submit a report to the Natural Resources, Agriculture, and Environment Interim Committee:
(3)(a) detailing the status of facilities adopting a plantwide applicability limitation in the state, including the number of plantwide applicability limitation applications approved and rejected; and
(3)(b) recommending improvements to the plantwide applicability limitation program.
(4) The division may make rules to implement the provisions of this section in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

Legislative History

Enacted by Chapter 121, 2025 General Session