Utah Admin. Code 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 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)
any other requirements of Title R307.
(2) The approval order will require that 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
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 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 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 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), the director will not issue an
approval order.
Notes
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