DAR File No. 27757

Environmental Quality, Air Quality

R307-201

Emission Standards: General Emission Standards

NOTICE OF PROPOSED RULE

DAR File No.: 27757
Filed: 03/15/2005, 04:17
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to clarify the applicability of this rule and remove obsolete requirements. This amendment is part of the overall revisions to rules related to the new PM10 Maintenance Plan (see separate filing on 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 revises the applicability of this rule to apply outside of nonattainment and maintenance areas. Currently, this rule applies statewide and is part of the federally enforceable State Implementation Plan. Upon adoption by the board, Rule R307-201 will only apply outside the nonattainment and maintenance areas and the state will request the EPA to retract Rule R307-201. Another rule, R307-305 (see separate filing on R307-305, in this issue), will apply within the nonattainment and maintenance areas. This amendment also removes requirements for residential fireplaces and stoves, which are moved to Rule R307-207 (see separate filing on R307-207, in this issue). In addition, some exemptions from the opacity standard were deleted. (DAR NOTE: The proposed amendment to Rule R307-305 is under DAR No. 27762, and the proposed amendment to Rule R307-207 is under DAR No. 27760 in this issue.)

State statutory or constitutional authorization for this rule:

Sections 19-2-104 and 41-6-147

Anticipated cost or savings to:

the state budget:

Although some exemptions were deleted, no costs or savings to the state budget are expected because these exemptions are obsolete.

local governments:

Although some exemptions were deleted, no costs or savings to local government are expected because these exemptions are obsolete.

other persons:

Although some exemptions were deleted, no costs or savings to other persons are expected because these exemptions are obsolete.

Compliance costs for affected persons:

No new costs for affected persons are associated with this amendment because the exemptions that are being deleted are obsolete.

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

Although some obsolete opacity standard exemptions are being deleted from this rule, these revisions will not fiscally impact businesses. Other revisions of this rule do 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.

R307-201. Emission Standards: General Emission Standards.

R307-201-1. Purpose.

R307-201 establishes emission standards for all areas of the state except for sources listed in section IX, Part H of the state implementation plan or located in a PM10 nonattainment or maintenance area.

R307-201-2. Applicability.

R307-201 applies statewide to any sources of emissions except for sources listed in section IX, Part H of the state implementation plan or located in a PM10 nonattainment or maintenance area.

R307-201-3. Visible Emissions Standards.

[Other provisions of R307 may require more stringent controls than listed herein, in which case those requirements must be met.

(1) Visible Emissions. Opacity limitations in R307-201-1 and R307-305-1 shall not apply to any sources for which emission limitations are assigned pursuant to R307-305-2 through 7 and R307-307. The provisions of (7) through (9) below shall apply to such sources except as otherwise provided in R307-305-2 through 7 and R307-307.](1) Visible emissions from installations constructed on or before April 25, 1971, except diesel engines, shall be of a shade or density no darker than 40% opacity, except as otherwise provided in these rules.

(2) Visible emissions from installations constructed after April 25, 1971, except diesel[internal combustion] engines[, or any incinerator] shall be of a shade or density no darker than 20% opacity, except as otherwise provided in these [regulations]rules.

(3) Visible emissions for all incinerators, no matter when constructed, shall be of shade or density no darker than 20% opacity.

[(3)](4) No owner or operator of a gasoline powered engine or vehicle shall allow, cause or permit [the emissions of ]visible emissions.[ contaminants except for starting motion no farther than 100 yards, or for stationary operation not exceeding 3 minutes in any hour.]

[(4)](5) Emissions from diesel engines manufactured after January 1, 1973, shall be of a shade or density no darker than 20% opacity, except for starting motion no farther than 100 yards or for stationary operation not exceeding [3]three minutes in any hour.

[(5)](6) Emissions from diesel engines manufactured before January 1, 1973, shall be of a shade or density no darker than 40% opacity, except for starting motion no farther than 100 yards or for stationary operation not exceeding [3]three minutes in any hour.

[(6) Upon application, exceptions to (4) and (5) above may be granted by the Board on a case by case basis for diesel locomotives operating above 6000 feet MSL.

](7) Visible emissions exceeding the opacity standards for short time periods as the result of initial warm-up, soot blowing, cleaning of grates, building of boiler fires, cooling, etc., caused by start-up or shutdown of a facility, installation or operation, or unavoidable combustion irregularities [which]that do not exceed three minutes in length[ (unavoidable combustion irregularities which exceed three minutes in length must be handled in accordance with R307-107)], shall not be deemed in violation provided that the executive secretary finds that adequate control technology has been applied. Unavoidable combustion irregularities that exceed three minutes in length must be addressed in accordance with R307-107. The owner or operator shall minimize visible and non-visible emissions during start-up or shutdown of a facility, installation, or operation through the use of adequate control technology and proper procedures.

(8) Compliance Method. Emissions shall be brought into compliance with these requirements by reduction of the total weight of contaminants discharged per unit of time rather than by dilution of emissions with clean air.

(9) Opacity Observation. Opacity observations of emissions from stationary sources shall be conducted in accordance with EPA Method 9[, "Visual Determination of Opacity of Emissions from Stationary Sources", 40 CFR Part 60, Appendix A]. Opacity observers of mobile sources and intermittent sources shall use procedures similar to Method 9, but the requirement for observations to be made at 15 second intervals over a 6-minute period shall not apply.

R307-201-[2]4. Automobile Emission Control Devices.

Any person owning or operating any motor vehicle or motor vehicle engine registered or principally operated in the State of Utah on which is installed or incorporated a system or device for the control of crankcase emissions or exhaust emissions in compliance with the Federal motor vehicle rules, shall maintain the system or device in operable condition and shall use it at all times that the motor vehicle or motor vehicle engine is operated. No person shall remove or make inoperable [within the State of Utah ]the system or device or any part thereof, except for the purpose of installing another system or device, or part thereof, which is equally or more effective in reducing emissions from the vehicle to the atmosphere.[

R307-201-3. Opacity for Residential Heating.

Visible emissions from residential solid fuel burning devices and fireplaces shall be limited to a shade or density no darker than 20% opacity as measured by EPA Method 9, except for the following:

(1) An initial fifteen minute start up period, and

(2) A period of fifteen minutes in any three hour period in which emissions may exceed the 20% opacity limitation for refueling, and

(3) during the no-burn periods required by R307-302-1.]

KEY: air pollution, [woodburning*, fireplace*, stove*]PM10

[September 15, 1998]2005

Notice of Continuation June 11, 2003

19-2-101

19-2-104

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.