DAR File No. 27762

Environmental Quality, Air Quality

R307-305

Davis, Salt Lake, and Utah Counties and Ogden City and Nonattainment Areas for PM10: Particulates

NOTICE OF PROPOSED RULE

DAR File No.: 27762
Filed: 03/15/2005, 04:19
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to clarify the rule by deleting obsolete language and adding language to align the rule 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 final adoption of the plan. The revisions to 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:

Currently, Rule R307-201 (see separate filing on R307-201 in this issue) 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 EPA to retract Rule R307-201. Rule R307-305 will then apply within the nonattainment and maintenance areas and be part of the federally enforceable State Implementation Plan. This amendment also deletes obsolete language and requirements. (DAR NOTE: The proposed amendment to Rule R307-201 is under DAR No. 27757 in this issue.)

State statutory or constitutional authorization for this rule:

Subsection 19-2-104(1)(a)

Anticipated cost or savings to:

the state budget:

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

local governments:

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

other persons:

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

Compliance costs for affected persons:

These revisions do 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:

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

R307-305. [Davis, Salt Lake and Utah Counties and Ogden City, and ]Nonattainment and Maintenance Areas for PM10: [Particulates]Emission Standards.

R307-305-1. Purpose.

This rule establishes emission standards and work practices for sources located in PM10 nonattainment and maintenance areas to meet the reasonably available control measures requirement in section 189(a)(1)(C) of the Act.

R307-305-2. Applicability.

The requirements of R307-305 apply to the owner or operator of any source that is listed in Section IX, Part H of the state implementation plan or located in a PM10 nonattainment or maintenance area.

R307-305-[1]3. Visible Emissions.

(1) [In PM10 Nonattainment Areas, v]Visible emissions from existing installations except diesel[gasoline powered internal combustion] engines[,] shall be of a shade or density no darker than 20% opacity. Visible emissions shall be measured using EPA Method 9.[Installations in other areas of the State which were constructed before April 25, 1971, except internal combustion engines, shall be of a shade or density no darker than 40% opacity except as provided in these regulations.

(2) Emissions Standards. Other provisions of R307 may require more stringent controls than R307-305, in which case those requirements must be met.]

(2) No owner or operator of a gasoline engine or vehicle shall allow, cause or permit the emissions of visible contaminants.

(3) Emissions from diesel engines 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 three minutes in any hour.

R307-305-[2]4. Particulate Emission Limitations and Operating Parameters (PM10).

[All]Any source[s] with emission[s] limits included in Section IX, Part H, of the Utah state implementation plan[of 25 tons per year or more (combinations of sulfur dioxide, oxides of nitrogen, and PM10) in areas located in or affecting PM10 Nonattainment Areas in Salt Lake and Utah Counties] shall [meet the]comply with those emission limitations and operating parameters. [contained in Section IX, Part H, of the Utah State Implementation Plan (SIP). Existing sources located in or affecting PM10 Nonattainment Areas shall use reasonably available control measures to the extent necessary to insure the attainment and maintenance of the National Ambient Air Quality Standards (NAAQS). The emission limitations specified in the SIP constitute, in the judgment of the Board, reasonably available control measures necessary to insure attainment and maintenance of the NAAQS not later than December 31, 1994. Specific limitations for installations within a source listed in the SIP which are not specified will be set by order of the Board.] Specific limitations will be set by the executive secretary, through an approval order issued under R307-401, for installations within a source that do not have limitations specified in the state implementation plan.[Specific limitations for installations within a source may be adjusted by order of the Board provided the adjustment does not adversely affect achieving the applicable NAAQS.]

R307-305-[3]5. Compliance Testing (PM10).

Compliance testing for [the ]PM10, sulfur dioxide, and oxides of nitrogen emission limitations shall be done in accordance with Section IX, Part H of the [SIP]state implementation plan. PM10 compliance shall be determined from the results of EPA test method 201 or 201a. A backhalf analysis shall be performed for inventory purposes for each PM10 compliance test in accordance with a method approved by the [E]executive [S]secretary.[ for inventory purposes. For sources not requiring changes to their process or air pollution control devices to achieve compliance with the emission limitations contained in these regulations, compliance testing shall be scheduled with the Executive Secretary within three months after promulgation of R307-305-3. For Utah County sources listed in Section IX, Part H.1, of the SIP which need to make major changes to comply, a construction/installation schedule for demonstration of compliance with limitations contained in the SIP, shall be submitted by the owner/operator by February 15, 1991. Those sources located in Salt Lake and Davis County listed in Section IX, Part H.2, of the SIP which need to make major changes to comply shall submit to the Executive Secretary a construction/installation schedule for demonstration of compliance with limitations contained in the SIP within three months after the effective date of R307-305-3 for approval. Those sources making major changes of process equipment or air pollution control equipment shall submit a notice in accordance with R307-401, for the purpose of meeting the emissions limitations contained in Section IX, Part H of the SIP and receive approval from the Executive Secretary. The schedule indicated above shall result in demonstration of compliance with the limitations by December 31, 1992, unless an alternate schedule has been approved by the Executive Secretary. The alternate schedule shall be approved by the Executive Secretary if the owner/operator demonstrates that the schedule or implementation of control measures is as expeditious as practicable, but extends beyond December 31, 1992. Any submittal requesting an alternate schedule shall be done in accordance with the requirements of the Federal Clean Air Act, and shall be consistent with the SIP demonstration of attainment by December 31, 1994.

R307-305-4. Compliance Schedule (PM10).

The owner or operator of an existing installation listed in the SIP is required to achieve the emission limitation or other requirements established by the SIP as expeditiously as practicable, but no later than December 31, 1992. For those sources granted an alternate schedule in accordance with R307-305-3, compliance with the limitations shall be demonstrated as provided in the approved schedule. Until the time a source is required to demonstrate compliance with the limitations in the SIP, the source shall comply with the applicable provisions of the existing total suspended particulate (TSP) limitations and operating parameters listed in the Utah Air Conservation Regulations dated April 1, 1990, or existing approval orders.

R307-305-5. Particulate Emission Limitations and Operating Parameters (TSP).

(1) Existing sources located in or affecting areas of nonattainment shall use reasonably available control measures to the extent necessary to insure the attainment and maintenance of the National Ambient Air Quality Standards (NAAQS). The emission limitations specified in this paragraph constitute, in the judgment of the Board, reasonably available control measures necessary to insure attainment and maintenance of the NAAQS as of the date of promulgation of these regulations. Specific limitations for installations within a source listed below which are not specified will be set by order of the Board. Specific limitations for installations within a source listed below may be adjusted by order of the Board provided the adjustment does not adversely affect achieving the applicable NAAQS.

(2) The owner or operator of any source listed in this paragraph shall not allow exceedance of the emission limitation or violation of any other listed requirement (See schedule for compliance listed in R307-305-6). The requirements listed for the sources in Weber County apply unless modified by an approval order or compliance order issued after February 16, 1982.

TABLE

     IDENTIFICATION OF SOURCE

     (SOURCES 25 TONS/YEAR OR

     GREATER ACTUAL EMISSIONS)     EMISSION LIMITATIONS



     WEBER COUNTY (TSP)



     1.  Farmers Grain Coop        20% opacity each stack/vent

         unloading/loading/

         cleaning and

         grinding stacks/vents



     2.  Fife Rock Products        0.040 gr/dscf, 20% opacity

         Asphalt Plant (Hot        (stack and fugitive emissions)

         mix dryer)



     3.  Interpace                 20% opacity (vents and

         Corporation - 4/2/81      fugitive emissions)

         Grinding and screening



     4.  Parsons Asphalt Plant     0.040 gr/dscf, 20% opacity

                                   (stack and fugitive emissions)



     5.  Pillsbury Co.              20% opacity each vent

         Loading, milling,

         unloading



     6.  Teledyne Incinerator       0.080 gr/dscf, 20% opacity



     7.  Gibbons and Reed           0.030 gr/dscf, 20% opacity

         Asphalt Plant -

         4/2/81

R307-305-6. Compliance Schedule (TSP).

The owner or operator of an existing installation which is a source of a pollutant in a nonattainment area for the pollutant, or which has significant impact (Based on the increment levels in R307-403-3(1)) upon a nonattainment area, is required to achieve the established emission limitation or other requirements established by these regulations as expeditiously as practicable but no later than December 31, 1982, or such later date as may be specified by Congress or EPA under the Clean Air Act. Within 180 days after the effective date of a regulation establishing a standard of pollutant control pursuant to an emission limitation under R307-305-1 or 5, the owner or operator of an existing installation not meeting these requirements must submit a notice of intent as outlined in R307-401 together with a compliance schedule. The compliance schedule shall contain proposed interim measures to control and identify the degree of emission reduction to be achieved by each such interim measure of control.

R307-305-7. Compliance Testing (TSP).

(1) Testing Methodology.

(a) Except as otherwise provided in R307-305-7, compliance testing for gravimetric emission limitations for particulate shall be pursuant to EPA reference Method 5 or EPA reference Method 17 where appropriate and approved by the Executive Secretary. Where EPA reference Method 5 is used for compliance testing, determination of compliance with gravimetric emission limitations shall be made through the use of front half catch. The Executive Secretary may require that Method 5 full train analysis be conducted and that back half data also be submitted but only for information purposes. Such information shall not be used to determine compliance with gravimetric emission limitations. EPA reference Method 1 shall be used to select the sampling site and number of traverse sampling points. Where necessary for determination of stack gas velocities, EPA reference Method 2 shall be used. Where necessary for determination of dry molecular weight, EPA reference Method 3 shall be used. Where necessary for determination of moisture content in stack gases EPA reference Method 4 shall be used. All EPA reference methods referred to in R307-305-7 are those found in 40 CFR 60, Appendix A.

(b) Except as provided below in these regulations any alternate test methods or sampling methods may be used with the approval of the Executive Secretary, provided, however, that if such reference tests or sampling methods are used to test compliance with federal law they may be used only if approved, in writing, by the Administrator of EPA or his representative.

(2) Special Sampling and Compliance Testing Requirements for Fossil-Fuel Fired Power Plants. Method 5 or EPA reference Method 17 where appropriate (only when stack temperatures do not exceed 320 degrees F) and approved by the Executive Secretary shall be run for fossil-fuel fired power plants as modified by 40 CFR 60, subpart D or Da whichever is applicable. Method 9 shall be run for opacity.

(3) Exceptions for Special Sampling and Testing Conditions for Performance for Incinerators. Method 5 shall be run for incinerators as modified by 40 CFR 60, Subpart E.

(4) Special Conditions for Sampling for Portland Cement Plants. Method 5 or EPA Reference Method 17 where appropriate and approved by the Executive Secretary shall be run for Portland Cement Plants. If compliance is tested by use of Method 5, Method 5 shall be modified as provided in 40 CFR 60, Subpart F.]

R307-305-6. Automobile Emission Control Devices.

Any person owning or operating any motor vehicle or motor vehicle engine registered 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.

R307-305-7. Compliance Schedule for New Nonattainment Areas.

The provisions of R307-305 shall apply to the owner or operator of a source that is located in any new PM10 nonattainment area 180 days after the area is officially designated a nonattainment area for PM10 by the Environmental Protection Agency.

KEY: air pollution, particulate matter[*], PM10[*], PM2.5

[September 15, 1998]2005

Notice of Continuation June 19, 2003

19-2-104 (1)(a)

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.