No. 36741 (Amendment): Rule R307-307. Davis, Salt Lake, and Utah Counties: Road Salting and Sanding

(Amendment)

DAR File No.: 36741
Filed: 09/06/2012 06:04:38 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. As a result, seven Utah counties no longer meet the standard. Road salting and sanding operations contribute to particulate matter emissions. To avoid these emissions, the applicability of this rule is being expanded to include the entire PM2.5 nonattainment area.

Summary of the rule or change:

The applicability of this rule is expanded to include all persons who apply salt, crushed slag, or sand to roads in Davis, Salt Lake, and Utah counties; all portions of the Cache Valley; all regions in Weber County west of the Wasatch mountain range; in Box Elder County, from the Wasatch mountain range west to the Promontory mountain range and south of Portage; and in Tooele County, from the northernmost part of the Oquirrh mountain range to the northern most part of the Stansbury mountain range and north of Route 199. Any salt applied to roads in all these areas must be at least 92% sodium chloride.

State statutory or constitutional authorization for this rule:

• Section 19-2-104

Anticipated cost or savings to:

the state budget:

The changes to this rule do not create any new requirements for the state; therefore, there are no anticipated costs or savings to the state budget.

local governments:

The majority of cities that apply salt to roads are already using salt with a sodium chloride (NaCl) content of 92% or greater. Also, prices of salt with a NaCl content of 92% or greater are competitive with salts with a lower NaCl content. Therefore, there are no anticipated costs or savings to local government.

small businesses:

Most small businesses that apply salt to roads are already using salt with a sodium chloride (NaCl) content of 92% or greater. Also, prices of salt with a NaCl content of 92% or greater are competitive with salts with a lower NaCl content. Therefore, there are no anticipated costs or savings to small businesses.

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

Most people who apply salt to roads are already using salt with a sodium chloride (NaCl) content of 92% or greater. Also, prices of salt with a NaCl content of 92% or greater are competitive with salts with a lower NaCl content. Therefore, there are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Most people applying salts to roads are already using salt with a sodium chloride (NaCl) content of 92% or greater. Also, prices of salt with a NaCl content of 92% or greater are competitive with salts with a lower NaCl content. Any cost associated with the record keeping requirements of the rule are expected to be minimal. Therefore, there are no anticipated compliance costs for affected persons.

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

Most people applying salts to roads are already using salt with a sodium chloride (NaCl) content of 92% or greater. Also, prices of salt with a NaCl content of 92% or greater are competitive with salts with a lower NaCl content; and any cost associated with the record keeping requirements of the rule are expected to be minimal.

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.

R307-307. [Davis, Salt Lake, and Utah Counties: ]Road Salting and Sanding.

R307-307-1. Applicability.

R307-307 applies to all persons who apply salt, crushed slag, or sand to roads in Davis, Salt Lake, and Utah counties; all portions of the Cache Valley; all regions in Weber County west of the Wasatch mountain range; in Box Elder County, from the Wasatch mountain range west to the Promontory mountain range and south of Portage; and in Tooele County, from the northernmost part of the Oquirrh mountain range to the northern most part of the Stansbury mountain range and north of Route 199.

 

R307-307-[1]2. Records.

(1) Any person [who applies salt, crushed slag, or sand to roads in Salt Lake, Davis or Utah Counties ]shall maintain records of the material applied.

(a) For salt, the records shall include the quantity applied, the percent by weight of insoluble solids in the salt, and the percentage of the material that is sodium chloride.

(b) For sand or crushed slag, the records shall include the quantity applied and the percent by weight of fine material which passes the number 200 sieve in a standard gradation analysis.

(2) All records shall be maintained for a period of at least two years, and the records shall be made available to the director or the director's designated representative upon request.

 

R307-307-[2]3. Content.

(1) After October 1, 1993, any salt applied to roads in Salt Lake, Davis, or Utah Counties must be at least 92% sodium chloride (NaCl).

(2) After January 1, 2014, any salt applied to roads in all other areas specified in R307-307-1 must be at least 92% NaCl.

 

R307-307-[3]4. Alternatives.

(1) After October 1, 1993, any person who applies crushed slag, sand, or salt that is less than 92% sodium chloride (NaCl) to roads in Salt Lake, Davis, or Utah Counties must either:

(a) demonstrate to the director that the material applied has no more PM10 emissions than salt which is at least 92% [sodium chloride]NaCl; or

(b) vacuum sweep every arterial roadway (principle and minor) to which the material was applied within three days of the end of the storm for which the application was made. For the purpose of this rule, the term "arterial roadway" shall have the meaning outlined in U.S. DOT Federal Highway Administration Publication No. FHWA-ED-90-006, Revised March 1989, "Highway Functional Classification: Concepts, Criteria, and Procedures" as interpreted by Utah Department of Transportation and shown in the following maps: Salt Lake Urbanized Area, Provo-Orem Urbanized Area, and Ogden Urbanized Area (1992 or later).

(2) After January 1, 2014,any person who applies crushed slag, sand, or salt that is less than 92% NaCl to roads in all other areas specified in R307-307-1 shall comply with the requirements of either R307-307-4(1)(a) or (b).

([2]3) In the interest of public safety, any person who applies crushed slag [and/]or sand to arterial roadways because salt alone would not ensure safe driving conditions due to steepness of grade, extreme weather, or other reasons, may petition the [Board]director for a variance from the sweeping requirements in R307-307-4(1)(b)[ above]. Specifically excluded from these sweeping requirements are all canyon roads and the portion of Interstate 15 near Point of the Mountain.

 

KEY: air pollution, roads, particulate

Date of Enactment or Last Substantive Amendment: 2012

Notice of Continuation: June 2, 2010

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

 

---