No. 37830 (Change in Proposed Rule): Rule R307-350. Miscellaneous Metal Parts and Products Coatings

DAR File No.: 37830
Filed: 10/02/2013 04:28:33 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the public comment period, the Division of Air Quality received comments pointing out that military contractors also have to meet military technical data orders and that the rule did not clearly exempt military contractors from the requirements of the rule.

Summary of the rule or change:

Subsection R307-350-3(1)(h) is amended to add to the exemption Department of Defense contractors. The compliance schedule for the rule is changed to 01/01/2014. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the August 1, 2013, issue of the Utah State Bulletin, on page 24. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

• Subsection 19-2-104(1)(a)

Anticipated cost or savings to:

the state budget:

Because none of the changes to the rule affect the state, there are no anticipated costs or saving to the state budget.

local governments:

Because none of the changes to the rule affect local government, there are no anticipated costs or savings to local government.

small businesses:

Department of Defense contractors are generally businesses that employ more than 50 persons; therefore, the changes to the rule should not have any affect on the costs or savings to small businesses.

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

As the changes to this rule affect Department of Defense contractors, there are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

There are no added compliance costs added to this rule. In fact, this rulemaking will mitigate potential compliance costs for affected persons, as it adds a new exemption to the rule.

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

This rulemaking will mitigate the fiscal impact of the rule on Department of Defense contractors, as it exempts them from the requirements of the rule.

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:

This rule may become effective on:

12/02/2013

Authorized by:

Bryce Bird, Director

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-350. Miscellaneous Metal Parts and Products Coatings.

 

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R307-350-3. Exemptions.

(1) The requirements of R307-350 do not apply to the following:

(a) The surface coating of automobiles and light-duty trucks;

(b) Flat metal sheets and strips in the form of rolls or coils;

(c) Surface coating of aerospace vehicles and components;

(d) Automobile refinishing;

(e) The exterior of marine vessels;

(f) Customized top coating of automobiles and trucks if production is less than 35 vehicles per day;

(g) Military munitions manufactured by or for the Armed Forces of the United States;

(h) Operations that are exclusively covered by Department of Defense military technical data and performed by a Department of Defense contractor and/or on site at installations owned and[ ] /or operated by the United States Armed Forces; or

(i) Stripping of cured coatings and adhesives.

(2) The requirements of R307-350-5 do not apply to the following:

(a) Stencil coatings;

(b) Safety-indicating coatings;

(c) Solid-film lubricants;

(d) Electric-insulating and thermal-conducting coatings;

(e) Magnetic data storage disk coatings; or

(f) Plastic extruded onto metal parts to form a coating.

(3) The requirements of R307-350-6 do not apply to the following:

(a) Touch-up coatings;

(b) Repair coatings; or

(c) Textured finishes.

 

. . . . . . .

 

R307-350-9. Compliance Schedule.

[(1) ]All sources [within Davis and Salt Lake counties ]shall be in compliance with the requirements of R307-350 by [September 1, 2013]January 1, 2014.

[(2) All sources in Box Elder, Cache, Tooele, Utah and Weber counties shall be in compliance with R307-350 by January 1, 2014.

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KEY: air pollution, emission controls, coatings, miscellaneous metal parts

Date of Enactment or Last Substantive Amendment: 2013

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