No. 36740 (New Rule): Rule R307-312. Aggregate Processing Operations for PM2.5 Nonattainment Areas

(New Rule)

DAR File No.: 36740
Filed: 09/06/2012 05:58:32 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In 2006, the EPA tightened the PM2.5 national ambient air quality standard from 65 to 35 micrograms per cubic meter. Currently, seven Utah counties have been found by EPA to not meet the new standard. As part of the PM2.5 State Implementation Plan, a Reasonably Available Control Technology (RACT) analysis is required for all point sources within the PM2.5 nonattainment area. Aggregate processing operations were identified as a source of direct particulate emissions; therefore, the Division of Air Quality began working with the Association of General Contractors in October 2011 to evaluate the efficiency and cost effectiveness of different controls for the aggregate processing industry. This rule addresses controls for non-fugitive sources, including aggregate processing equipment, concrete batch plants, and hot mix asphalt plants.

Summary of the rule or change:

The rule establishes opacity limits for aggregate processing equipment as follows: all crushers will be required to meet an opacity limit of 12%; all screens will be required to meet an opacity limit of 7%; and all conveyor transfer points will be required to meet an opacity limit of 7%. Concrete batch plant opacity limits are established at 7% opacity. The filterable PM2.5 emission limit from a hot mix asphalt plant dryer is 0.024 grains per dscf. From November 1 to March 1, the production of material at hot mix asphalt plants is restricted to 50% of the plant's rated capacity during the times that facilities are using a fuel other than natural gas or liquified petroleum gas.

State statutory or constitutional authorization for this rule:

• Section 19-2-104
• Section 19-2-101
• Section 19-2-109

This rule or change incorporates by reference the following material:

• Adds 40 CFR 51, Appendix M, published by Government Printing Office, July 1, 2011
• Adds 40 CFR 60.671, published by United States Government Printing Office, July 1, 2011

Anticipated cost or savings to:

the state budget:

Any additional costs to administer this rule at the Division of Air Quality are expected to be minimal; therefore, there are no anticipated costs or savings to the state budget.

local governments:

This rule does not create any new requirements for local government; therefore there are no anticipated costs or savings.

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 all crushers, screens, conveyors, hot mix asphalt plants, and concrete batch plants. 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.

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

R307-312. Aggregate Processing Operations for PM2.5 Nonattainment Areas.

R307-312-1. Purpose.

R307-312 establishes emission standards for sources in the aggregate processing industry, including aggregate processing equipment, hot mix asphalt plants, and concrete batch plants.

 

R307-312-2. Applicability.

(1) R307-312 applies to all crushers, screens, conveyors, hot mix asphalt plants, and concrete batch plants located within Box Elder, Cache, Davis, Salt Lake, Tooele, Utah, or Weber counties.

(2) The provisions of R307-312 do not apply to temporary hot mix asphalt plants.

 

R307-312-3. Definitions.

The following definitions apply to R307-312:

"Concrete batch plant" means any facility used to manufacture concrete by mixing aggregate with cement.

"Conveyor" means a device for transporting nonmetallic materials from one piece of equipment to another.

"Crusher" means a machine used to crush any nonmetallic minerals.

"Hot mix asphalt plant" means any facility used to manufacture hot mix asphalt by heating and drying aggregate and mixing with asphalt cements.

"Nonmetallic mineral" has the same definition as defined in 40 CFR 60.671.

"Screen" means a device for separating nonmetallic minerals according to size by passing undersize material through one or more mesh surfaces in series, and retaining oversize material on the mesh surfaces.

"Temporary" means not more than 180 operating days and not more than 365 calendar days.

 

R307-312-4. Visible Emissions.

(1) Visible emissions from sources subject to R307-312 shall not exceed the opacity limits as specified in Table 1.

 

TABLE 1

CATEGORY                          OPACITY LIMIT



Crushers                                12%

Screens                                  7%

Conveyor transfer points                 7%

Concrete batch plants                    7%

 

(2) Opacity Observation.

(a) Opacity observations of emissions shall be conducted according to 40 CFR 60, Appendix A, Method 9.

 

R307-312-5. Hot Mix Asphalt Plants.

(1) The filterable PM2.5 emission rate from a hot mix asphalt plant dryer shall not exceed 0.024 grains per dscf.

(a) Filterable PM2.5 emissions shall be determined by 40 CFR 51, Appendix M, Method 201A.

(2) From November 1 to March 1, a hot mix asphalt plant burning a fuel other than natural gas or liquefied petroleum gas (LPG) shall not produce more than 50% of its rated capacity.

(a) Production shall be determined by scale house records or equivalent method on a daily basis. Compliance shall be based on either the daily amount of hot mix asphalt produced averaged over the operating day or the daily amount of hot mix asphalt produced while burning a fuel other than natural gas or LPG averaged over the time the plant is operating while burning a fuel other than natural gas or LPG each day.

 

R307-312-6. Compliance Schedule.

(1) All sources subject to R307-312-4 or R307-312-5(2) shall be in compliance with this rule by June 7, 2013.

(2) All sources subject to R307-312-5(1) that begin construction prior to June 7, 2013, shall submit test results demonstrating compliance with R307-312-5(1) to the director by December 14, 2015.

(3) All sources subject to R307-312-5(1) that begin construction on or after June 7, 2013, shall submit test results demonstrating compliance with R307-312-5(1) to the director no later than 180 days after initial startup.

 

KEY: air pollution, aggregate, asphalt, concrete

Date of Enactment or Last Substantive Amendment: 2012

Authorizing, and Implemented or Interpreted Law: 19-2-101; 19-2-104; 19-2-109

 

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