UMA Air Quality Subcommittee To Review EPA’S Disapproval Of PM10 SIP

December 3, 2009

UMA’s Air Quality Subcommittee is slated to meet December 7 to critically review EPA's proposed disapproval of the PM10 SIP and maintenance plan for Salt Lake County, Utah County and Ogden City. Committee chairman Jim Holtkamp noted in the meeting announcement to committee members that many of the provisions EPA proposes to disapprove are very specific and technical, and relate to specific stationary sources. EPA also seems to be very nitpicky in criticizing various provisions in the proposed SIP and plan, he said.

The subcommittee of air quality experts will consider the full document with focus on the following areas:

1. Excess emissions - what will the implications be if startup/shutdown/malfunction emissions are now considered automatic violations, with the operator having to plead for mercy with agency?

2. Director's discretion - how do we deal with EPA's position that to change an emission limit at a permitted source, the source not only has to amend its AO but also EPA must approve an amendment to the SIP?

3. EPA's reliance on guidance that has not gone through rulemaking, and its arbitrary and capricious application of the guidance.

4. EPA's misreading of critical Clean Air Act provisions.

The committee will help evaluate whether UMA should submit comments on behalf of the association.