No. 36724 (New Rule): Rule R307-311. Emission Standards for PM2.5 Nonattainment Areas

(New Rule)

DAR File No.: 36724
Filed: 09/06/2012 03:28:58 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In 2006, EPA tightened the 24-hour national ambient air quality standard for PM2.5 from 65 to 35 micrograms per cubic meter. Currently, seven Utah counties do not meet the standard. This rule as part of Utah's PM2.5 State Implementation Plan establishes emission standards to meet the reasonably available control measures required in section 172(c)(1) of the Clean Air Act.

Summary of the rule or change:

This rule applies to any source listed in Section IX, Part H.11 of the State Implementation Plan and to sources in the PM2.5 nonattainment area. The rule expands to the PM2.5 nonattainment area the visible emission requirements for PM10 nonattainment areas that are currently established in Section R307-305-3.

State statutory or constitutional authorization for this rule:

• Subsection 19-2-104(1)(a)

This rule or change incorporates by reference the following material:

• Adds R307-305-3, published by Utah Division of Administrative Rules, 09/02/2005

Anticipated cost or savings to:

the state budget:

There will be costs to administer this rule; however, those costs are not expected to affect the state budget. Therefore, there are no anticipated costs or savings to the state budget.

local governments:

There are no requirements in this rule that affect local government; therefore, there are no anticipated costs or savings to local government.

small businesses:

Sources that are unable to meet the emission standards established in this rule will have to take action to meet them. There are several control strategies a source can choose to implement to meet the standard; therefore, it is difficult to estimate the anticipated additional costs to small businesses.

persons other than small businesses, businesses, or local governmental entities:

This rule applies to the owner or operator of any source that is listed in Section IX, Part H.11 of the State Implementation Plan or located in a PM2.5 nonattainment area. There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Sources that are unable to meet the emission standards established in this rule will have to take action to meet them. There are several control strategies a source can choose to implement to meet the standard; therefore, it is difficult to estimate the anticipated additional costs to affected persons.

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

Sources that are unable to meet the emission standards established in this rule will have to take action to meet them. There are several control strategies a source can choose to implement to meet the standard; therefore, it is difficult to estimate the fiscal impact the rule may have on businesses.

Amanda Smith, Executive Director

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

Environmental Quality
Air QualityRoom Fourth Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Mark Berger at the above address, by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at [e-mail]

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:

10/31/2012

Interested persons may attend a public hearing regarding this rule:

• 10/17/2012 06:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT
• 10/15/2012 11:00 AM, Bridgerland Applied Technology College, 1301 N 600 W, Rooms 171 D and E, Logan, UT
• 10/16/2012 11:00 AM, Mountainland Association of Governments, 586 E 800 N, Orem, UT
• 10/17/2012 02:00 PM, Utah Department of Environmental Quality, 195 N 1950 W, Room No. 1015, SLC, UT

This rule may become effective on:

12/06/2012

Authorized by:

Bryce Bird, Director

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-311. Emission Standards for PM2.5 Nonattainment Areas.

R307-311-1. Purpose.

This rule establishes emission standards and work practices for sources located in PM2.5 nonattainment areas to meet the reasonably available control measures requirement in section 172(c)(1) of the Act as expeditiously as practicable.

 

R307-311-2. Applicability.

The requirements of R307-311 apply to the owner or operator of any source that is listed in Section IX, Part H.11 of the state implementation plan or located in a PM2.5 nonattainment area.

 

R307-311-3. Visible Emissions.

The visible emissions requirements for PM10 nonattainment areas established in R307-305-3 shall also apply in nonattainment areas for PM2.5.

 

R307-311-4. Particulate Emission Limitations and Operating Parameters (PM2.5).

Any source with emission limits included in Section IX, Part H.11 of the Utah State Implementation Plan (SIP) shall comply with those emission limitations and operating parameters. Specific limitations will be set by the director, through an approval order issued under R307-401, for installations within a source that do not have limitations specified in the SIP.

 

R307-311-5. Compliance Testing (PM2.5).

Compliance testing for PM2.5, sulfur dioxide, and oxides of nitrogen emission limitations shall be done in accordance with Section IX, Part H.11 of the State Implementation Plan.

 

R307-311-6. 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.

 

KEY: air pollution, particulate matter, PM 2.5

Date of Enactment or Last Substantive Amendment: 2012

Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a)

 

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