No. 28215: R307-165. Emission Testing

DAR File No.: 28215
Filed: 09/07/2005, 03:28
Received by: NL

 

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 19-2-104(1)(a) allows the Air Quality Board to make rules "...regarding the control, abatement, and prevention of air pollution from all sources...." One component of preventing air pollution is testing to ensure that control equipment is working properly.

 

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Rule R307-165 was last reviewed on June 11, 2003. Rule R307-165 has been revised once since the last review: DAR No. 27756, published April 1, 2005, and effective on September 2, 2005. The Division of Air Quality (DAQ) received one written comment since the last review. COMMENT: The Environmental Protection Agency (EPA) is concerned with the effectiveness of the rule. RESPONSE: The requirement to do a stack test at least once every five years in Rule R307-165 is a general requirement that applies to all stacks with an established emission limitation. The five year schedule is adequate to meet the requirement in Utah's operating permit program to show compliance with all emission limitations because at least one test is required during the five-year permit term. The requirement in Rule R307-165 provides a testing requirement for those emission units that do not have a testing schedule established in their Approval Order (AO) or in applicable requirements such as National Standards of Performance for New Stationary Sources (NSPS) limits. The testing schedule for most emission units is established either in an AO, or in the SIP. In many cases, stack testing is required more frequently (one year or three year schedule) or a continuous emissions monitor (CEM) is required. DAQ staff determine the frequency on a case-by-case basis after considering the size of the emission unit, the need to verify the effectiveness of pollution controls, and the location of the source. For example, emissions from a natural gas turbine do not vary significantly over time and post process emission controls are not used. In this case, a stack test every five years will provide a periodic check, but emissions are not expected to change significantly over time. DAQ staff recommended removing the requirement to do an initial stack test within six months because the AO for the source is the more appropriate place to establish this requirement. For example, in the past, DAQ established emission limits in AO's with a requirement to test the emission unit if directed by the Executive Secretary. The idea was that these units would be tested if inspectors had reason to believe that they were not operating as described in the NOI, but otherwise there was little value in doing regular stack tests. DAQ's current practice is to establish emission limits only for those sources where on going testing is important. DAQ still has general authority to require testing or to require more information from the source if needed. Therefore, DAQ believes that the initial testing requirements in Rule R307-165 do not conflict with the requirements developed in a case-by-case review of emission units. Because EPA believes that it is important to establish a general, underlying requirement, DAQ staff agree that the requirement to do a stack test within six months of start-up should be retained. EPA also expressed concerns about the provision in Rule R307-165 that allows the Board to grant exceptions to the mandatory testing requirements of Subsection R307-165-2 that are consistent with the purposes of Title R307. DAQ disagrees with EPA's contention that no discretion can be allowed in the process. There are circumstances that will prevent a stack test from being completed on schedule, such as equipment breakdowns, or if the facility is not producing the right product mix to get a meaningful result from the test. In some cases, a source may need time to develop the testing protocol for an innovative process. The rule requires that "any exception must be consistent with the purposes of R307" and this requirement prevents the exception process from being used just for the convenience of the source.

 

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Without periodic testing, there is no guarantee that pollution control equipment is working properly. This rule outlines the testing and should be continued.

 

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

Environmental Quality
Air Quality
150 N 1950 W
SALT LAKE CITY UT 84116-3085

 

Direct questions regarding this rule to:

Mat E. Carlile at the above address, by phone at 801-536-4136, by FAX at 801-536-0085, or by Internet E-mail at [e-mail]

 

Authorized by:

M. Cheryl Heying, Planning Branch Manager