No. 37829 (Change in Proposed Rule): Rule R307-335. Degreasing and Solvent Cleaning Operations

DAR File No.: 37829
Filed: 11/06/2013 05:01:51 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

On 07/03/2013, the Air Quality Board proposed for public comment amendments to Rule R307-335. During the 30-day public comment period, the Specialty Graphic Imaging Association and the American Coating Association (ACA) submitted comments contending that the VOC-content limit in Subsection R307-335-7(3) constrains their use of solvents to acetone. Because acetone increases fire risk due to its low flash point, the ACA is particularly concerned that the use of acetone in ink manufacturing will result in workplace fires. Further research done by the Division of Air Quality (DAQ) found that the current VOC-content limit provided for too few solvent options to all industries. Raising the VOC-content limit allows for more options for industries which enables the rule to include industries that had previously been excluded from the rule.

Summary of the rule or change:

The exemption for electrical and electronic components is removed and an exemption for Department of Defense contractors is added. The solvent VOC-content limit in Subsection R307-335-7(3)(b) is changed from 0.42 to 2.49 pounds per gallon or less. The compliance schedule for the rule is changed to 06/01/2014. (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 23. 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 the changes made to the rule do not create any new requirements for the state, there are no anticipated costs or savings to the state budget.

local governments:

Because the changes made to the rule do not create any new requirements for local government, there are no anticipated costs or savings.

small businesses:

By increasing the VOC content limit of solvents to 2.49 pounds per gallon or less and by expanding the rule applicability to the broad electronic industrial sector, several small businesses may now be required to comply with the requirements of this rule. Because the industrial solvent cleaners with a VOC content of 2.49 pounds per gallon or less are competitively priced, there are no anticipated costs or savings to limit VOC emissions through using industrial solvent cleaners with a VOC content of 2.49 pounds per gallon or less. If an owner or operator chooses to use industrial solvent cleaners that don't meet the VOC content limits and instead installs an emissions control system, the cost would be approximately $1,640 per ton of VOC removed.

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

Because the revisions do not create new requirements for persons other than small businesses, businesses, or local government entities, there are no anticipated costs or savings.

Compliance costs for affected persons:

By increasing the VOC content limit of solvents to 2.49 pounds per gallon or less and by expanding the rule applicability to the broad electronic industrial sector, several small businesses may now be required to comply with the requirements of this rule. Because the industrial solvent cleaners with a VOC content of 2.49 pounds per gallon or less are competitively priced, there are no anticipated costs or savings to limit VOC emissions through using industrial solvent cleaners with a VOC content of 2.49 pounds per gallon or less. If an owner or operator chooses to use industrial solvent cleaners that don't meet the VOC content limits and instead installs an emissions control system, the cost would be approximately $1,640 per ton of VOC removed.

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

By increasing the VOC content limit of solvents to 2.49 pounds per gallon or less and by expanding the rule applicability to the broad electronic industrial sector, several small businesses may now be required to comply with the requirements of this rule. Because the industrial solvent cleaners with a VOC content of 2.49 pounds per gallon or less are competitively priced, there are no anticipated costs or savings to limit VOC emissions through using industrial solvent cleaners with a VOC content of 2.49 pounds per gallon or less. If an owner or operator chooses to use industrial solvent cleaners that don't meet the VOC content limits and instead installs an emissions control system, the cost would be approximately $1,640 per ton of VOC removed.

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:

12/31/2013

This rule may become effective on:

02/05/2014

Authorized by:

Bryce Bird, Director

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-335. Degreasing and Solvent Cleaning Operations.

 

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R307-335-7. Industrial Solvent Cleaning.

(1) Exemptions. The requirements of R307-335-7 do not apply to aerospace, wood furniture, shipbuilding and repair, flat wood paneling, large appliance, metal furniture, paper film and foil, plastic parts, miscellaneous metal parts coatings and light autobody and truck assembly coatings, flexible packaging, lithographic and letterpress printing materials, fiberglass boat manufacturing materials, [electrical and electronic components,] and 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.

(2) Operators of industrial solvent cleaning that emit 15 pounds of VOCs or more per day from industrial solvent cleaning operations, shall reduce VOC emissions from the use, handling, storage, and disposal of cleaning solvents and shop towels by implementing the following work practices:

(a) Covering open containers; and

(b) Storing used applicators and shop towels in closed fire proof containers.

(3) Owners or operators of industrial solvent cleaning operations shall limit VOC emissions by either:

(a) Using cleaning solutions with vapor pressure less than or equal to eight millimeters of mercury (mm Hg) at 20 degrees C;

(b) Using solvents with a VOC content of [0.42]2.49 pounds per gallon or less; or

(c) Installing an emission control system designed to have an overall control efficiency of at least 85%.

 

. . . . . . .

 

R307-335-10. Compliance Schedule.

(1) All sources [defined]shall be in compliance with R307-335-[2]7 [shall be in compliance with R307-335 ]by [September]June 1, 201[3]4.

 

KEY: air pollution, degreasing, solvent cleaning

Date of Enactment or Last Substantive Amendment: [2013]2014

Notice of Continuation: February 1, 2012

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