No. 27765 (Amendment): R307-309. Davis, Salt Lake and Utah Counties, Ogden City and Any Nonattainment Area for PM10: Fugitive Emissions and Fugitive Dust

DAR File No.: 27765
Filed: 03/15/2005, 04:20
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to clarify provisions of this rule. This amendment is part of the overall revisions to the rules related to new PM10 Maintenance Plan (see separate filing on Section R307-110-10, in this issue). Utah will seek redesignation of Salt Lake and Utah Counties and Ogden City from nonattainment to attainment of the PM10 health standard following final adoption of the plan. The revisions to this rule are in anticipation of this redesignation. (DAR NOTE: The proposed amendment to Section R307-110-10 is under DAR No. 27768 in this issue.)

 

Summary of the rule or change:

Currently, Rule R307-205 (see separate filing on Rule R307-205 in this issue) applies statewide and is part of the federally enforceable State Implementation Plan. Upon adoption by the board, Rule R307-205 will only apply outside the nonattainment and maintenance areas and the state will request EPA to retract Rule R307-205. Rule R307-309 will then apply within the PM10 nonattainment and maintenance areas and be part of the federally enforceable State Implementation Plan. In Subsection R307-309-5(3), a new provision specifies modifications to Method 9 to determine compliance by mobile and intermittent sources. This provision has been included in emission limitations for sources regulated by the PM10 SIP since 1991. (DAR NOTE: The proposed amendment to Rule R307-205 is under DAR No. 27764 in this issue.)

 

State statutory or constitutional authorization for this rule:

Sections 19-2-101, 19-2-104, and 19-2-109

 

Anticipated cost or savings to:

the state budget:

The changes in the rule do not change the duties of state staff; thus, there is no change in costs. No other costs are expected in the state budget because other revisions do not create any new requirements.

 

local governments:

Each source is required to carry out all control measures specified in its dust control plan, whatever the wind speed, but will be expected to meet opacity regulations at 30 mph or less instead of the current 25 mph. Approximately 4.5 days per year have wind speeds of 26-30 mph, and each source may have to apply more controls to remain in compliance on those days. The cost of controls will vary by source, depending upon the measures each source has included in its dust control plan.

 

other persons:

Each source is required to carry out all control measures specified in its dust control plan, whatever the wind speed, but will be expected to meet opacity regulations at 30 mph or less instead of the current 25 mph. Approximately 4.5 days per year have wind speeds of 26-30 mph, and each source may have to apply more controls to remain in compliance on those days. The cost of controls will vary by source, depending upon the measures each source has included in its dust control plan.

 

Compliance costs for affected persons:

Each source is required to carry out all control measures specified in its dust control plan, whatever the wind speed, but will be expected to meet opacity regulations at 30 mph or less instead of the current 25 mph. Approximately 4.5 days per year have wind speeds of 26-30 mph, and each source may have to apply more controls to remain in compliance on those days. The cost of controls will vary by source, depending upon the measures each source has included in its dust control plan.

 

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

While this amendment may have some fiscal impact on businesses, these costs will be minimal because companies prepare their own fugitive dust control plans using measures they believe will meet the opacity requirements in their specific situations. Dianne R. Nielson, 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 Quality
150 N 1950 W
SALT LAKE CITY UT 84116-3085

 

Direct questions regarding this rule to:

Jan Miller or Mat E. Carlile at the above address, by phone at 801-536-4042 or 801-536-4136, by FAX at 801-536-4099 or 801-536-0085, or by Internet E-mail at [e-mail] or [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:

05/02/2005

 

Interested persons may attend a public hearing regarding this rule:

4/19/2005 at 10:00 AM, DEQ Bldg, 168 N 1950 W, Room 101, Salt Lake City, UT; 4/20/2005 at 1:30 PM, Utah County Administration Bldg, 100 E Center Street, Suite 2300, Provo, UT; and 4/21/2005 at 6:00 PM, Weber County Bldg, 2380 Washington Blvd, Breakout Room, Ogden, UT

 

This rule may become effective on:

07/30/2005

 

Authorized by:

M. Cheryl Heying, Planning Branch Manager

 

 

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-309. [Davis, Salt Lake and Utah Counties, Ogden City and Any ]Nonattainment and Maintenance Areas for PM10: Fugitive Emissions and Fugitive Dust.

R307-309-1. Purpose.

This rule establishes minimum work practices and emission standards for sources of fugitive emissions and fugitive dust listed in Section IX, Part H of the state implementation plan or located in PM10 nonattainment and maintenance areas to meet the reasonably available control measures for PM10 required in section 189(a)(1)(C) of the Act.

 

R307-309-2. Definitions.

The following addition definition applies to R307-309:

"Material" means sand, gravel, soil, minerals other matter that may create fugitive dust.

 

R307-309-[1]3. Applicability[ and Definitions].

(1) Applicability. R307-309 applies to all sources of fugitive dust and fugitive emissions listed in Section IX, Part H of the state implementation plan or located in [Davis, Salt Lake and Utah Counties, Ogden City, and any]a nonattainment or maintenance area for PM10, except as specified in (2) below.[ Any source located in those areas for which limitations for fugitive dust or fugitive emissions are assigned pursuant to R307-401 is subject to R307-309 on May 4, 1999, unless the source has an operating permit issued under R307-415 prior to that date. If the source has an operating permit, the source is subject to R307-309 on the date of permit renewal or permit reopening as specified in R307-415, whichever occurs first.]

(2) Exemptions.

(a) The provisions of R307-309 do not apply to agricultural or horticultural activities specified in 19-2-114 (1)-(3).

(b) Any [source]activity [which is ]subject to [R307-305-2 through 7 or ]R307-307 is exempt from [all provisions of ]R307-309-7.[ except for R307-309-4.

(c) Any source regulated by R307-205-5 or R307-205-6 is exempt from all provisions of R307-309 except for R307-309-4.

(3) The following additional definitions apply to R307-309:

"Material" means sand, gravel, soil, minerals or other matter which may create fugitive dust.

"Road" means any public or private road.]

(3) Compliance Schedule. Any source located in a new nonattainment area for PM10 is subject to R307-309 180 days after the area is designated nonattainment by the Environmental Protection Agency.

 

R307-309-[2]4. Fugitive Emissions.

Fugitive emissions from any source shall not exceed 15% opacity. Opacity observations of emissions from stationary sources shall be conducted in accordance with EPA Method 9. For intermittent sources and mobile sources, opacity observations shall use Method 9 except the requirement for observations to be made at 15-second intervals over a six-minute period shall not apply and any time interval with no visible emissions shall not be included.

 

R307-309-[3]5. General Requirements for Fugitive Dust.

(1) Except as provided in (2) below, [O]opacity caused by fugitive dust shall not exceed:

(a) 10% at the property boundary; and

(b) 20% on site [unless an approval order issued under R307-401 or a dust control plan specifies a lower level; except]

(2) Opacity in (1) above shall not apply when the wind speed exceeds [25]30 miles per hour and the owner or operator is taking appropriate actions to control fugitive dust.

(a) If the source has a fugitive dust control plan approved by the executive secretary, control measures in the plan are considered appropriate.

(b) Wind speed may be measured by a hand-held anemometer or equivalent device.[

(2) Any source with a dust control plan approved by the executive secretary prior to March 4, 1999, shall review and revise the plan in accordance with R307-309-4 below. The revised plan shall be submitted to the executive secretary no later than May 4, 1999.]

(3) Opacity observations of emissions from stationary sources shall be conducted in accordance with EPA Method 9. For intermittent sources and mobile sources, opacity observations shall use Method 9 except the requirement for observations to be made at 15-second intervals over a six-minute period shall not apply and any time interval with no visible emissions shall not be included.

 

R307-309-[4]6. Fugitive Dust Control Plan.

(1) Any person owning or operating a new or existing source of fugitive dust, including storage, hauling or handling operations, or engaging in clearing or leveling of land one-quarter acre or greater in size, earthmoving, excavation, or movement of trucks or construction equipment over cleared land one-quarter acre or greater in size or access haul roads, or engaging in demolition activities including razing homes, buildings or other structures shall submit a plan to control fugitive dust to the executive secretary no later than 30 days after the source becomes subject to [the rule]R307-309. The plan shall address fugitive dust control strategies for the following operations as applicable:

(a) Material Storage;

(b) Material handling and transfer;

(c) Material processing;

(d) Road ways and yard areas;

(e) Material loading and dumping;

(f) Hauling of materials;

(g) Drilling, blasting and pushing operations;

(h) Clearing and leveling;

(i) Earth moving and excavation;

(j) Exposed surfaces;

(k) Any other source of fugitive dust.

(2) Strategies to control fugitive dust may include:

(a) Wetting or watering;

(b) Chemical stabilization;

(c) Enclosing or covering operations;

(d) Planting vegetative cover;

(e) Providing synthetic cover;

(f) Wind breaks;

(g) Reducing vehicular traffic;

(h) Reducing vehicular speed;

(i) Cleaning haul trucks before leaving loading area;

(j) Limiting pushing operations to wet seasons;

(k) Paving or cleaning road ways;

(l) Covering loads;

(m) Conveyor systems;

(n) Boots on drop points;

(o) Reducing the height of drop areas;

(p) Using dust collectors;

(q) Reducing production;

(r) Mulching;

(s) Limiting the number and power of blasts;

(t) Limiting blasts to non-windy days and wet seasons;

(u) Hydro drilling;

(v) Wetting materials before processing;

(w) Using a cattle guard before entering a paved road;

(x) Washing haul trucks before leaving the loading site; [or]

(y) Terracing[.];

(z) Cleaning the materials that may create fugitive dust on a public or private paved road promptly; or

(aa) Preventing, to the maximum extent possible, material from being deposited onto any paved road other than a designated deposit site.

(3) Each source shall comply with all provisions of the fugitive dust control plan as approved by the executive secretary.

 

[R307-309-5. Storage, Hauling and Handling of Aggregate Materials.

Any person owning, operating or maintaining a new or existing material storage, handling or hauling operation shall prevent, to the maximum extent possible, material from being deposited onto any paved road other than a designated deposit site. Any such person who deposits materials which may create fugitive dust on a public or private paved road shall clean the road promptly.

 

R307-309-6. Construction and Demolition Activities.

Any person engaging in clearing or leveling of land with an area of one-quarter acre or more, earthmoving, excavating, construction, demolition, or moving trucks or construction equipment over cleared land or access haul roads shall prevent, to the maximum extent possible, material from being deposited onto any paved road other than a designated deposit site. Any such person who deposits materials which may create fugitive dust on a public or private paved road shall clean the road promptly.

 

]R307-309-7. Roads.

(1) Any person responsible for construction or maintenance of any existing road or having right-of-way easement or possessing the right to use the same whose activities result in fugitive dust from the road shall minimize fugitive dust to the maximum extent possible. Any such person who deposits materials [which]that may create fugitive dust on a public or private paved road shall clean the road promptly.

(2) Unpaved Roads.[

(a) When unpaved roads have an average daily traffic volume of less than 150 vehicle trips per day, averaged over a consecutive 5-day period, fugitive dust shall be minimized to the maximum extent possible.

(b) When unpaved roads have an average daily traffic volume of 150 vehicle trips per day or greater, averaged over a consecutive 5 day period, control techniques shall be used which are equal to or better than 2-inch bituminous surface.

(c)] Any person responsible for construction or maintenance of any new or existing unpaved road shall prevent, to the maximum extent possible, the deposit of material from the unpaved road onto any intersecting paved road during construction or maintenance. Any person who deposits materials [which]that may create fugitive dust on a public or private paved road shall clean the road promptly.

 

R307-309-8. Mining Activities.

(1) Fugitive dust, construction activities, and roadways associated with mining activities are regulated under the provisions of R307-309-8 and not by R307-309-7 and 9.

(2) Any person who owns or operates a mining operation shall minimize fugitive dust as an integral part of site preparation, mining activities, and reclamation operations.

(3) The fugitive dust control measures to be used may include:

(a) periodic watering of unpaved roads,

(b) chemical stabilization of unpaved roads,

(c) paving of roads,

(d) prompt removal of coal, rock minerals, soil, and other dust-forming debris from roads and frequent scraping and compaction of unpaved roads to stabilize the road surface,

(e) restricting the speed of vehicles in and around the mining operation,

(f) revegetating, mulching, or otherwise stabilizing the surface of all areas adjoining roads that are a source of fugitive dust,

(g) restricting the travel of vehicles on other than established roads,

(h) enclosing, covering, watering, or otherwise treating loaded haul trucks and railroad cars, to minimize loss of material to wind and spillage,

(i) substitution of conveyor systems for haul trucks and covering of conveyor systems when conveyed loads are subject to wind erosion,

(j) minimizing the area of disturbed land,

(k) prompt revegetation of regraded lands,

(l) planting of special windbreak vegetation at critical points in the permit area,

(m) control of dust from drilling, using water sprays, hoods, dust collectors or other controls approved by the executive secretary.

(n) restricting the areas to be blasted at any one time,

(o) reducing the period of time between initially disturbing the soil and revegetating or other surface stabilization,

(p) restricting fugitive dust at spoil and coal transfer and loading points,

(q) control of dust from storage piles through use of enclosures, covers, or stabilization and other equivalent methods or techniques as approved by the executive secretary, or

(r) other techniques as determined necessary by the executive secretary.

 

R307-309-9. Tailings Piles and Ponds.

(1) Fugitive dust, construction activities, and roadways associated with tailings piles and ponds are regulated under the provisions of R307-309-9 and not by R307-309 7 and 8.

(2) Any person owning or operating an existing tailings operation where fugitive dust results from grading, excavating, depositing, or natural erosion or other causes in association with such operation shall take steps to minimize fugitive dust from such activities. Such controls may include:

(a) watering,

(b) chemical stabilization,

(c) synthetic covers,

(d) vegetative covers,

(e) wind breaks,

(f) minimizing the area of disturbed tailings,

(g) restricting the speed of vehicles in and around the tailings operation, or

(h) other equivalent methods or techniques which may be approvable by the executive secretary.

 

KEY: air pollution, dust[*], PM10

[May 4, 1999]2005

Notice of Continuation June 8, 2004

19-2-101

19-2-104

19-2-109