DAR File No. 27756

Environmental Quality, Air Quality

R307-165

Emission Testing

NOTICE OF PROPOSED RULE

DAR File No.: 27756
Filed: 03/15/2005, 04:16
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment removes duplicate and outdated requirements to help clarify and align requirements with the new PM10 Maintenance Plan (see separate filing on Section R307-110-10 in this issue). Utah will seek redesignation of Salt Lake and Utah Counties and Ogden City from nonattainment to attainment of the PM10 health standard following the final adoption of the plan. The revisions in this rule are in anticipation of this redesignation. (DAR NOTE: The proposed amendment to Section R307-110-10 is under DAR No. 27768 in this issue.)

Summary of the rule or change:

This amendment removes duplicate and outdated requirements to help clarify and align requirements with the new PM10 Maintenance Plan under Section R307-110-10.

State statutory or constitutional authorization for this rule:

Section 19-2-104

Anticipated cost or savings to:

the state budget:

Because these revisions do not create new requirements, no change in cost is expected for the state budget.

local governments:

Because these revisions do not create new requirements, no change in cost is expected for local governments.

other persons:

Because these revisions do not create new requirements, no change in cost is expected for other persons.

Compliance costs for affected persons:

This amendment does not change current requirements; therefore, no change in cost is expected.

Comments by the department head on the fiscal impact the rule may have on businesses:

This amendment does not create new requirements. Therefore, no additional costs are expected. Dianne R. Nielson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Mat E. Carlile or Jan Miller at the above address, by phone at 801-536-4136 or 801-536-4042, by FAX at 801-536-0085 or 801-536-4099, or by Internet E-mail at MCARLILE@utah.gov or janmiller@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/02/2005

Interested persons may attend a public hearing regarding this rule:

4/19/2005 at 10:00 AM, DEQ Bldg, 168 N 1950 W, Room 101, Salt Lake City, UT; 4/20/2005 at 1:30 PM, Utah County Administration Bldg, 100 E Center Street, Suite 2300, Provo, UT; and 4/21/2005 at 6:00 PM, Weber County Bldg, 2380 Washington Blvd, Breakout Room, Ogden, UT

This rule may become effective on:

07/30/2005

Authorized by:

M. Cheryl Heying, Planning Branch Manager

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-165. Emission Testing.

R307-165-1. Purpose.

R307-165 establishes the frequency of emission testing requirements for all areas in the state.

R307-165-2. Testing Every 5 Years.

[(1) ]Emission testing [will be]is required at least once every five years of all sources with established emission limitations specified in approval orders issued under R307-401 or in section IX, Part H of the Utah state implementation plan. [at least once every five years. For sources located in nonattainment areas, emission testing will be required at least once every five years or more frequently as specified in Section IX, Part H of the Utah State Implementation Plan (SIP) adopted by the Air Quality Board, or by the Executive Secretary if he has reason to believe that the source is not meeting its emission limitation. Sources approved in accordance with R307-401 will be tested within six months of start-up. Sources for which emission limitations are established by R307-305-5 which do not require modification will be tested within one year of the effective date of these regulations.] In addition, if the [E]executive [S]secretary has reason to believe that an applicable emission limitation is being exceeded[ (i.e., through visible emission observations and monitoring data, etc.) he], the executive secretary may require the owner or operator to perform such emission testing as is necessary to determine actual compliance status. The Board may grant exceptions to the mandatory testing requirements of R307-165-[1]2 [which]that are [not in]consistent with the purposes of R307.

R307-165-[2]3. Notification of DAQ.

At least 30 days prior to conducting any emission testing required under any part of R307, the owner or operator shall notify the [E]executive [S]secretary of the date, time and place of such testing and, if determined necessary by the [E]executive [S]secretary, the owner or operator shall attend a pretest conference.

R307-165-[3]4. Test Conditions.

All tests shall be conducted while the source is operating at the maximum production or combustion rate at which such source will be operated. During the tests, the source shall burn fuels or [combustion]combinations of fuels, use raw materials, and maintain process conditions representative of normal operations.[, and] In addition, the source shall operate under such other relevant conditions as the [E]executive [S]secretary shall specify.

R307-165-[4]5. Rejection of Test Results.

The [E]executive [S]secretary may reject emissions test data if they are determined to be incomplete, inadequate, not representative of operating conditions specified for the test, or if the [State]executive secretary was not provided an opportunity to have an observer present at the test.

KEY: air pollution, emission testing[*]

[September 15, 1998]2005

Notice of Continuation June 11, 2003

19-2-104(1)

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Mat E. Carlile or Jan Miller at the above address, by phone at 801-536-4136 or 801-536-4042, by FAX at 801-536-0085 or 801-536-4099, or by Internet E-mail at MCARLILE@utah.gov or janmiller@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.