No. 28326: R307-170. Continuous Emission Monitoring Program

DAR File No.: 28326
Filed: 11/03/2005, 08:41
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:

The Air Quality Board is allowed by Subsection 19-2-104(1)(c) to make rules "...requiring persons engaged in operations which result in air pollution to: (i) install, maintain, and use emission monitoring devices, as the board finds necessary; (ii) file periodic reports containing information relating to the rate, period of emission, and composition of the air contaminant; and (iii) provide access to records relating to emissions which cause or contribute to air pollution." Also, Subsection 19-2-104(3)(q) allows the Board to "...meet the requirements of federal air pollution laws." Federal provisions that require certain sources to conduct continuous monitoring include federal Clean Air Act Title IV, the Acid Rain program. In addition, 40 CFR Part 51, Appendix P, states that "This appendix P sets forth the minimum requirements for continuous emission monitoring and recording that each State Implementation Plan must include in order to be approved under the provisions of 40 CFR 51.165(b)." Rule R307-170 meets these provisions by specifying how certain sources of air pollution must comply with federal and state requirements to install and operate equipment that continuously monitors certain pollutants; it is approved by EPA as a part of Utah's state implementation plan.

 

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 R307-170 was amended once in the past five years (DAR No. 25247, effective December 5, 2002); no comments were received. A written comment was received by the Division of Air Quality on March 7, 2005, noting that the requirements of Rule R307-170, the continuous emissions monitoring, are different from the current version of 40 CFR Part 75, CEM provisions of the federal Acid Rain program. The intent of Rule R307-170 was to be the same as 40 CFR Part 75. The Air Quality staff reviewed this comment and found that the performance audit requirements of Section R307-170-7, Performance Specification Audits, conflict with 40 CFR Part 75, Appendix A, Section 6.2 performance audits requirements for acid rain monitors with an instrument range of equal to or less than 30-ppm. In response, Air Quality staff drafted revisions to Rule R307-170, these changes were proposed for public comment (DAR No. 28226 in the October 1, 2005, Bulletin) from October 1, 2005, to October 31, 2005, no oral or written comments were received. The Air Quality Board is scheduled to consider this proposal for final adoption at the December 2005 Board meeting.

 

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

Rule R307-170 is a required component of Utah's air quality program. The rule ensures that large sources of air pollution do not exceed emission limits for air pollutants that are harmful to human health. In addition, Rule R307-170 is a federally-required component of Utah's State Implementation plan, and cannot be deleted without EPA approval.

 

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