No. 37037 (Amendment): Section R307-401-15. Air Strippers and Soil Venting Projects

(Amendment)

DAR File No.: 37037
Filed: 11/08/2012 02:48:33 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

On 06/25/2012, the Environmental Protection Agency (EPA) proposed to conditionally approve a change to Section R307-401-15, Air Strippers and Soil Venting Projects, that was approved by the Board and submitted to EPA for review/approval in 1999. The rule contains language allowing the Director to approve alternate test and monitoring methods. However, EPA's current policy precludes approving any rule that contains language that allows a director to exercise their discretion in such cases. Therefore, they have proposed to convert the conditional approval to a disapproval in one year unless Utah revises the rule to remove the discretionary language.

Summary of the rule or change:

The proposed rule change will update the rule to refer to the most recent test methods, and will allow sources to use future updated federally approved methods, if approved by the director. DAQ is also making available for public comment a document titled, Air Quality Impact of Changes Made to Section R307-401-15 Air Strippers and Soil Venting Projects in 1999 and the new Section R307-401-16 De minimis Emissions from Soil Aeration Projects that was Adopted in 1999. This document fulfills the requirements of Section 110(l) of the Clean Air Act and justifies the changes made to Section R307-401-16 in 1999. The document will be made available at http://www.airquality.utah.gov/Public-Interest/Public-Commen-Hearings/Pubrule.htm for public review and comment from 12/01/2012 to 12/31/2012.

State statutory or constitutional authorization for this rule:

• Section 19-2-108
• Subsection 19-2-104(3)(q)

Anticipated cost or savings to:

the state budget:

This rule does not create any new requirements on the state; therefore, there are no anticipated costs or savings to the state budget.

local governments:

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

small businesses:

Because the changes to this rule only update the rule to refer to the most recent test methods and allows sources to use future updated federally approved methods there are no anticipated savings or costs to small businesses.

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

Because the changes to this rule only update the rule to refer to the most recent test methods and allows sources to use future updated federally approved methods there are no anticipated savings or costs to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Because the changes to this rule only update the rule to refer to the most recent test methods and allows sources to use future updated federally approved methods there are no anticipated compliance costs for affected persons.

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

Because the changes to this rule only update the rule to refer to the most recent test methods and allows sources to use future updated federally approved methods there is no anticipated fiscal impact 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:

12/31/2012

This rule may become effective on:

02/07/2013

Authorized by:

Bryce Bird, Director

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-401. Permit: New and Modified Sources.

R307-401-15. Air Strippers and Soil Venting Projects.

(1) The owner or operator of an air stripper or soil venting system that is used to remediate contaminated groundwater or soil is exempt from the notice of intent and approval order requirements of R307-401-5 through 8 if the following conditions are met:

(a) the estimated total air emissions of volatile organic compounds from a given project are less than the de minimis emissions listed in R307-401-9(1)(a), and

(b) the level of any one hazardous air pollutant or any combination of hazardous air pollutants is below the levels listed in R307-410-5(1)(d).

(2) The owner or operator shall submit documentation that the project meets the exemption requirements in R307-401-15(1) [above ]to the director prior to beginning the remediation project.

(3) After beginning the soil remediation project, the owner or operator shall submit emissions information to the director to verify that the emission rates of the volatile organic compounds and hazardous air pollutants in R307-401-15(1) [above ]are not exceeded.

(a) Emissions estimates of volatile organic compounds [and hazardous air pollutants ]shall be based on test data obtained in accordance with the test method in the EPA document SW-846, Test #[8020]8260c or 8261a, or the most recent EPA revision of either test method if approved by the director.

(b) Emissions estimates of hazardous air pollutants shall be based on test data obtained in accordance with the test method in EPA document SW-846, Test #8021B or [other]the most recent EPA revision of the test[ or monitoring] method if approved by the director.

(c) Results of the test and calculated annual quantity of emissions of volatile organic compounds and hazardous air pollutants shall be submitted to the director within one month of sampling.

(d) The test samples shall be drawn on intervals of no less than twenty-eight days and no more than thirty-one days (i.e., monthly) for the first quarter, quarterly for the first year, and semi-annually thereafter or as determined necessary by the director.

(4) The following control devices do not require a notice of intent or approval order when used in relation to an air stripper or soil venting project exempted under R307-401-15:

(a) thermodestruction unit with a rated input capacity of less than five million BTU per hour using no other auxiliary fuel than natural gas or LPG, or

(b) carbon adsorption unit.

 

KEY: air pollution, permits, approval orders, greenhouse gases

Date of Enactment or Last Substantive Amendment: [January 1, 2011]2013

Notice of Continuation: July 13, 2007

Authorizing, and Implemented or Interpreted Law: 19-2-104(3)(q); 19-2-108

 

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