1. (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) if:

   1. (a) the potential to emit of the process equipment is the same or lower;
   2. (b) the number of emission points or emitting units is the same or lower;
   3. (c) no additional types of air pollutants are emitted as a result of the replacement;
   4. (d) the process equipment or pollution control equipment is identical to or functionally equivalent to the replaced equipment;
   5. (e) the replacement does not change the basic design parameters of the process unit or pollution control equipment;
   6. (f) the replaced process equipment or pollution control equipment is permanently removed from the stationary source, otherwise permanently disabled, or permanently barred from operation;
   7. (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
   8. (h) the replacement of the control apparatus or process equipment does not violate any other requirement of Title R307.

2. (2) Replacement-in-Kind Procedures.

   1. (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) are met.
   2. (b) If the replacement-in-kind meets the conditions of Subsection (1), 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. (3) If the replaced process equipment or pollution control equipment is brought back into operation, it shall constitute a new emissions unit.

KEY: air pollution, permits, approval orders, greenhouse gases

Date of Last Change: December 19, 2025

Notice of Continuation: May 4, 2022

Authorizing, and Implemented or Interpreted Law: 19-2-104(3)(b)(iii); 19-2-108