No. 28216: R307-305. Nonattainment and Maintenance Areas for PM10: Emission Standards

DAR File No.: 28216
Filed: 09/07/2005, 03:29
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:

Rule R307-305 sets visible emission limits, testing methods and schedules, and compliance schedules for sources of air pollution that are regulated under Utah's PM10 state implementation plan to protect public health. 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 and the establishment of the maximum quantity of air contaminants that may be emitted by any air contaminant source."

 

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 R307-305 was last reviewed on June 19, 2003. Rule R307-305 has been revised once since the last review: DAR No. 27761, published April 1, 2005, and effective on September 2, 2005. The Division of Air Quality (DAQ) received nine written comments since the last review. COMMENT 1: DAQ eliminates language in Section R307-305-4 stating that existing sources shall use regulated asbestos-containing material (RACM) to the extent necessary to ensure attainment and maintenance of the National Ambient Air Quality Standards (NAAQS). The language should be modified to say that the executive secretary will establish limitations to ensure attainment and maintenance of the NAAQS. RESPONSE 1: The SIP and maintenance plan demonstrate attainment and maintenance of the standard, and all of the control strategies that were relied on in the SIP are already enforceable (Part H, R307 rules, approval orders and NSR requirements, etc.). It is not necessary to state that the executive secretary will establish these emission limitations because the limits have already been established as part of the PM10 SIP and maintenance plan. The purpose statement in Section R307-305-1 states that the emission standards and work practices in the rule were established to meet the RACM requirement in Subsection 189(a)(1)(C) of the Act. Section R307-305-4 requires sources to comply with Part H of the PM10 SIP. Section R307-305-3 requires sources to meet visible emission standards. COMMENT 2: Currently, R307-305-2 provides that "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 for installations within a source may be adjusted by order of the Board provided the adjustment does not adversely affect achieving the applicable NAAQS." We want to ensure that these rule changes do not impose a limitation on sources to make changes through DAQ's permitting rules without going through the entire SIP revision process. Prohibiting modifications to a SIP source without undergoing a complete SIP revision while allowing modifications at non-SIP sources through the usual permitting process, would raise fundamental issues of fairness and equal protection. RESPONSE 2: Part H of the SIP has been revised to include only sources or emission units that are large enough to individually affect the attainment and maintenance demonstration. Changes at these sources that increase emissions or change the character of emissions would need to be verified through the SIP process to ensure that the area continues to maintain the PM10 standard. Section H.3 of the SIP establishes a process that a source could use to establish alternative emission limitations. As described in that section, a source can make a demonstration that the alternative limitation is as stringent or is more stringent than the SIP limitation. This process will allow the sources in Part H of the SIP to make necessary changes. Sources that are not listed in Part H of the SIP affect the attainment and maintenance demonstration as a group, but would not affect the demonstration on an individual basis. Growth factors are applied to stationary source emissions in the projected emission inventories to account for expected changes to the overall category. A SIP revision is not needed to address individual changes because changes to the category are already included in the demonstration. COMMENT 3: IX.H.2.k(1)(c) specifies opacity limits for the boiler stacks, except as provided in Subsection R307-201-1(7). [NOTE: Correct cite is Subsection R307-201-3(7).] The proposed rule revisions limit applicability of Rule R307-201 to the attainment areas of the state and thus do not apply to Kennecott. The exception to opacity limits is needed to recognize the impossibility of meeting strict 6-minute opacity limits during initial warm-up, soot-blowing, etc. That language should be added to Rule R307-305, the new rule that applies to nonattainment and maintenance areas. RESPONSE 3: This provision was erroneously left out of Rule R307-305, and DAQ added this exception to Subsection R307-305-3(4). COMMENT 4: Presently, Rule R307-201 addresses opacity limits statewide and Rule R307-305 addresses opacity limits in nonattainment areas. UIENC endorses the amendments that clarify the applicability of these two rules, but these amendments have the unintended effect of eliminating the exceptions to opacity restrictions that currently apply in the nonattainment areas, and results in a significantly more stringent opacity limit than currently exists. We assume this change is an unintended consequence of untangling Rule R307-201 and Rule R307-305; if it is intended, then we request that DAQ re-notice the proposal and provide clear notice of the change in stringency and a rational for doing so, as well as estimates of the effects on industry, including costs. RESPONSE 4: This provision was erroneously left out of Rule R307-305, and DAQ added this exception to Subsection R307-305-3(4). COMMENT 5: Add a provision to Rules R307-201, R307-206, R307-207, R307-302, R307-305, R307-306, R307-309 and other rules with visible opacity emission limits to allow alternatives to EPA Method 9 (40 CFR Part 60, Appendix A). Any alternative would be approved by the Executive Secretary on a case-by-case basis. One such alternative could be the Digital Opacity Compliance System (DOCS). Requirement for such a system could be included in Approval Orders and/or Title V permits. RESPONSE 5: It is premature to add Digital Opacity Compliance System (DOCS) as an alternative to EPA Method 9. DAQ agrees that DOCS can be beneficial; and will continue to allow DOCS as an option for periodic monitoring through operating permits. DAQ will reconsider adding such a provision to its rules, if DOCS receives federal approval. COMMENT 6: EPA stated that opacity standards for diesel engines must exempt locomotives, because states are preempted (or not allowed) to set opacity standards for locomotive engines. EPA suggested the following language for these provisions: "Emissions from diesel engines, except locomotives, manufactured?" RESPONSE 6: DAQ made the suggested revision in Subsection R307-305-3(3) to reads as follows: "R307-305-3(3)Emissions from diesel engines, except locomotives, 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." COMMENT 7: EPA believes that DAQ should establish a schedule for collecting back half emissions data. EPA also stated that DAQ should use Method 202 and not a method to be approved by the executive secretary. RESPONSE 7: DAQ has been collecting back half emissions data since 1991. Therefore, a schedule is not necessary. DAQ has not proposed to eliminate this requirement. DAQ agrees that Method 202 should be used to collect back half data. Section R307-305-5 was revised to read as follows: "Compliance testing for PM10, sulfur dioxide, and oxides of nitrogen emission limitations shall be done in accordance with Section IX, Part H of the 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 Method 202, or other appropriate EPA approved reference method. COMMENT 8: Deleted Sections R307-305-5 through R307-305-7 "Emission standards for sources located in PM10 nonattainment and maintenance areas: TSP provisions" - EPA states that DAQ will need to demonstrate that removal of the Total Suspended Particulate (TSP) provisions will not interfere with applicable requirements of Clean Air Act (CAA) (see section 110(1) and 193). RESPONSE 8: Rule R307-305 used to contain emission limits for large sources of particulate matter in all of the TSP nonattainment areas (Utah County, Salt Lake County, Davis County and Weber County). These emission limits were established as part of the TSP SIP in 1979. In 1987, EPA replaced the TSP standard with the PM10 standard, but the existing TSP SIP and emission limits were maintained to ensure that attainment of the PM10 standard was not affected. When the PM10 SIPs for Utah County and Salt Lake County were developed in the early 1990s, the emission limits in Rule R307-305 for Utah, Salt Lake and Davis Counties were removed from the rule because the PM10 SIP addressed all of the major sources of PM10 in the area. The Weber County provisions were left in place because that area was not covered by the PM10 SIP (Weber County was designated attainment for PM10). However, a provision was added to the rule stating that the source specific provisions in Weber County would continue to apply unless modified by an approval order or compliance order issued after February 16, 1982. As explained in the memo to the Board for the rule proposal, all of the listed sources in Weber County have either shut down or have received an approval order that either contains the emission limitation that is in the rule, or a more stringent emission limitation. In addition, the new PM10 maintenance plan addresses all major sources of PM10 or its precursors that impact the Ogden City nonattainment area. The bottom line is that removing these provisions will have absolutely no effect. The provisions were developed as part of a SIP that no longer exists, for a TSP standard that no longer exists, and in many cases for sources that no longer exist. Since there will be no reduction in the requirements for any of these sources, there will be no effect on applicable provisions of the Clean Air Act. COMMENT 9: Section R307-305-7 "Emission standards for sources located in PM10 nonattainment and maintenance areas: compliance schedule," Section R307-306-7 "Abrasive blasting: compliance schedule," and Subsection R307-309-3(3) "Compliance Schedule" - EPA is concerned that there is a gap in regulatory coverage during the first 6 months after an area is designated nonattainment for PM10, because rules for nonattainment areas do not apply to sources immediately when an area is designated nonattainment. Instead sources have six months to comply with the relevant nonattainment provisions. RESPONSE 9: DAQ added language to Sections R307-305-7, R307-306-7, and Subsection R307-309-3(3) that clarifies statewide (Sections R307-201, R307-205, and R307-206) rules continue to apply during 180 day transition period. These rules now read as follows: Section R307-305-7 "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. Provisions of Rule R307-201 shall continue to apply to the owner or operator of a source during this transition period." Section R307-306-7 "The provisions of R307-306 shall apply in any new PM10 nonattainment area 180 days after the area is officially designated a nonattainment area for PM10 by the Environmental Protection Agency. Provisions of Rule R307-206 shall continue to apply to the owner or operator of a source during this transition period." Subsection R307-309-3(3) "Compliance Schedule. Any source located in a new nonattainment area for PM10 is subject to Rule R307-309 180 days after the area is designated nonattainment by the Environmental Protection Agency. Provisions of Rule R307-205 shall continue to apply to the owner or operator of a source during this transition period."

 

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

Emission limits and testing of emissions helps to ensure that industrial facilities are operating properly and emitting the least possible pollution to protect human health; which this rule outlines 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