No. 35865 (Change in Proposed Rule): Rule R307-107. General Requirements: Unavoidable Breakdown

DAR File No.: 35865
Filed: 06/06/2012 05:03:35 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the public comment period, the Division of Air Quality (DAQ) received a comment that expressed concern that the proposed rule created an excess burden on industry because it created duplicative reporting requirements. DAQ agreed in part and made changes to the proposed rule by addressing reporting timelines for sources with continuous emission monitoring (CEM) systems.

Summary of the rule or change:

Subsection R307-107-1(3), which states that, for breakdowns involving only emissions that are monitored in accordance with Rule R307-170, the reporting requirements of Rule R307-170 satisfy the reporting deadlines of Subsections R307-107-1(1) and (2). (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed repeal and reenactment that was published in the March 1, 2012, issue of the Utah State Bulletin, on page 31. 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 repeal and reenactment 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:

• Section 19-2-104

Anticipated cost or savings to:

the state budget:

Because these changes only change the reporting requirements, there are no anticipated costs or savings to the state budget.

local governments:

Because these changes only change the reporting requirements, there are no anticipated costs or savings to local government.

small businesses:

As this rule predominately applies to larger sources, there are no anticipated costs or savings to small businesses.

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

There will likely be some additional costs as in some cases there may be some minor duplicative reporting; however, since the rule applies to only excess emissions, additional filings should not be excessive.

Compliance costs for affected persons:

There will likely be some additional compliance costs as in some cases there may be some minor duplicative reporting; however, since the rule applies to only excess emissions, additional filings should not be excessive.

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

There may be a minor increase due to some additional reporting requirements. However, these have been limited in the change of proposed rule by the addition of Subsection R307-107-1(3).

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:

This rule may become effective on:

07/31/2012

Authorized by:

Bryce Bird, Director

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-107. General Requirements: [Unavoidable ]Breakdowns.

R307-107-1. Applicability and Timing.

(1) The owner or operator of a source shall report breakdowns to the [executive secretary]director within 24 hours of the incident via telephone, electronic mail, fax, or other similar method.

(2) A detailed written description of the circumstance of the incident as described in R307-107-2, including a corrective program directed at preventing future such incidents, shall be submitted within 14 days of the onset of the incident.

[(a) The executive secretary may extend the 14 day time period for submission of the incident report for cause.](3) For those breakdowns involving only emissions that are monitored in accordance with R307-170, the reporting requirements of R307-170 shall satisfy the reporting deadlines of R307-107-1(1) and (2). In all other respects, the requirements in R307-107-1(2) and R307-107-2 shall be considered to apply in addition to the requirements of R307-170.

 

R307-107-2. Reporting.

(1) The [unavoidable] breakdown incident report shall include the cause and nature of the event, estimated quantity of emissions (total and excess), time of emissions and any relevant evidence, including, but not limited to, evidence that:

(a) There was an equipment malfunction beyond the reasonable control of the owner or operator;

(b) The excess emissions could not have been avoided by better operation, maintenance or improved design of the malfunctioning component;

(c) To the maximum extent practicable, the source maintained and operated the air pollution control equipment and process equipment in a manner consistent with good practice for minimizing emissions, including minimizing any bypass emissions;

(d) Any necessary repairs were made as quickly as practicable, using off-shift labor and overtime as needed and as possible;

(e) All practicable steps were taken to minimize the potential impact of the excess emissions on ambient air quality; and

(f) The excess emissions are not part of a recurring pattern that may have been caused by inadequate operation or maintenance, or inadequate design of the malfunctioning component.

(2) The burden of proof is on the owner or operator of the source to provide sufficient information to demonstrate [an unavoidable breakdown occurred.]the elements listed in R307-107-2(1).

 

R307-107-3. Enforcement Discretion.

The [executive secretary]director will evaluate, on a case-by-case basis, the information submitted in R307-107-1 and 2 to determine whether to pursue enforcement action.[ The executive secretary may elect not to pursue enforcement action after considering whether excess emissions resulted from an unavoidable breakdown.]

 

KEY: air pollution, [unavoidable]breakdowns, excess emissions

Date of Enactment or Last Substantive Amendment: 2012

Notice of Continuation: September 4, 2008

Authorizing, and Implemented or Interpreted Law: 19-2-104

 

---