No. 28029 (Amendment): R307-101-2. Definitions

DAR File No.: 28029
Filed: 06/15/2005, 09:02
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the change is to update the definition of "clearing index" in Utah rules.

 

Summary of the rule or change:

The "Clearing Index" is a measure of how efficiently smoke and other air pollutants will disperse in the atmosphere. The index is used to determine if air quality will be degraded by open burning operations (Rule R307-201) or industrial processes as specified in approval orders (Rule R307-401). Beginning in the early 1970s, the National Weather Service (NWS) began forecasting a daily clearing index for three defined air basins within the State of Utah. The Division of Air Quality made the clearing index values available to government users via fax and a recorded telephone message. In recent years, NWS technological improvements have made it possible to produce highly specific and representative three-day clearing index forecasts for any point within the state. These forecasts are freely available to the public through a simple interface on the NWS web page. This proposal deletes all references to the three-basin clearing index and allows the NWS to apply their best available technology to forecast and disseminate the clearing index. Local government users have been contacted to determine if the new definition and method of accessing the clearing index will be acceptable. All comments received were positive.

 

State statutory or constitutional authorization for this rule:

Section 19-2-104

 

Anticipated cost or savings to:

the state budget:

The Division of Air Quality (DAQ) will save a small amount of time because DAQ will no longer notify local fire departments of the three-basin clearing index each day. Instead, the NWS clearing index information is available on the NWS web site.

 

local governments:

It is not known whether the new system will save money for local governments. However, the more precise clearing index for specific areas will benefit the local fire departments in knowing when conditions meet the criteria in the rule for issuing permits to allow open burning in their own locales.

 

other persons:

Currently, anyone who desires a permit to conduct open burning must wait for the local fire department to determine whether the clearing index meets the rule's criteria for allowing burning. Under the new system, anyone can check the NWS web site for the specific clearing index applicable to the location, and can view the forecast for the next few days in order to pick the best time to conduct the burn. This is clearly a benefit, though no dollar amount can be determined.

 

Compliance costs for affected persons:

Currently, anyone who desires a permit to conduct open burning must wait for the local fire department to determine whether the clearing index is meets the rule's criteria for allowing burning. Under the new system, anyone can check the NWS web site for the specific clearing index applicable to the location, and can view the forecast for the next few days in order to pick the best time to conduct the burn. This is clearly a benefit, though no dollar amount can be determined.

 

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

For businesses whose approval orders require use of the clearing index to determine whether or not burning is allowed, this change will allow more accurate and more timely determinations. 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 at the above address, by phone at 801-536-4042, by FAX at 801-536-4099, 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:

08/01/2005

 

Interested persons may attend a public hearing regarding this rule:

7/19/2005 at 1:30 PM, DEQ Building, 1968 N 1950 W, Room 201, Salt Lake City, UT

 

This rule may become effective on:

09/08/2005

 

Authorized by:

M. Cheryl Heying, Planning Branch Manager

 

 

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-101. General Requirements.

R307-101-2. Definitions.

Except where specified in individual rules, definitions in R307-101-2 are applicable to all rules adopted by the Air Quality Board.

 

. . . . . . .

 

"Clean Air Act" means federal Clean Air Act as amended in 1990.

"Clean Coal Technology" means any technology, including technologies applied at the precombustion, combustion, or post combustion stage, at a new or existing facility which will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, or process steam which was not in widespread use as of November 15, 1990.

"Clean Coal Technology Demonstration Project" means a project using funds appropriated under the heading "Department of Energy-Clean Coal Technology," up to a total amount of $2,500,000,000 for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the Environmental Protection Agency. The Federal contribution for a qualifying project shall be at least 20 percent of the total cost of the demonstration project.

"Clearing Index" means an indicator of the predicted rate of clearance of ground level pollutants from a given area. This number is [calculated]provided by the National Weather Service.[ from daily measurements of temperature lapse rates and wind speeds from ground level to 10,000 feet. The State has been divided into three separate air quality areas for purposes of the clearing index system:

(1) Area 1 includes those valleys below 6500 feet above sea level and west of the Wasatch Mountain Range and extending south through the Wasatch and Aquarius Plateaus to the Arizona border. Included are the Salt Lake, Utah, Skull and Escalante Valleys and valleys of the Sevier River Drainage.

(2) Area 2 includes those valleys below 6500 feet above sea level and east of the Wasatch Mountain Range. Included are Cache Valley, the Uintah Basin, Castle Valley and valleys of the Green, Colorado, and San Juan Rivers.

(3) Area 3 includes all valleys and areas above 6500 feet above sea level.]

"Commence" as applied to construction of a major source or major modification means that the owner or operator has all necessary pre-construction approvals or permits and either has:

(1) Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or

(2) Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.

"Compliance Schedule" means a schedule of events, by date, which will result in compliance with these regulations.

"Construction" means any physical change or change in the method of operation including fabrication, erection, installation, demolition, or modification of a source which would result in a change in actual emissions.

"Control Apparatus" means any device which prevents or controls the emission of any air contaminant directly or indirectly into the outdoor atmosphere.

 

. . . . . . .

 

KEY: air pollution, definitions

2005

Notice of Continuation June 5, 2003

19-2-104