No. 28214: R307-201. Emission Standards: General Emission Standards

DAR File No.: 28214
Filed: 09/07/2005, 03:28
Received by: NL

 

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 19-2-104(1)(b) allows the Air Quality Board to make rules "establishing air quality standards." Standards are needed to ensure that emissions of air pollution do not harm public health.

 

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Rule R307-201 was last reviewed on June 11, 2003. Rule R307-201 has been revised once since the last review: DAR No. 27757, published April 1, 2005, and effective on September 2, 2005. The Division of Air Quality (DAQ) received five written comments since the last review. COMMENT 1: The Environmental Protection Agency (EPA) disagrees with DAQ's interpretation of excess emissions during startup, shutdown, and malfunction, and stated that these provisions should be removed from this rule and addressed in a separate excess emissions rule. RESPONSE 1: DAQ has reproposed a draft of the Excess Emissions rule and submitted it to the EPA on March 3, 2005. DAQ is committed to continue this rulemaking process. COMMENT 2: KUCC has an objection concerning the use of a modified form of Method 9. In summary, any modified form of Method 9 used as an enforcement standard for intermittent or mobile sources, as opposed to a trigger for further action, is not a verifiable method, is not an approved method, and imposes a standard more restrictive than corresponding federal regulations and, according to Section 19-2-106, cannot be maintained without a written finding after public comment and hearing and based on evidence in the record, that corresponding federal regulations are not adequate to protect public health and the environment of the state. For the reasons given regarding opacity observations for intermittent and mobile sources the following items should be deleted: the second sentence of proposed Subsection R307-201-3(9), the second sentence of Subsection R307-206-5(1), the second sentence of proposed Subsection R307-306-5(1), the third sentence of Section R307-309-4, and the second sentence of proposed Subsection R307-309-5(3). RESPONSE 2: The provision of Rule R307-201 governing the method to enforce opacity observers for mobile and intermittent sources has been in effect for over 25 years. DAQ added this provision to the other rules to clarify that the provision of Rule R307-201 would continue to apply, because DAQ separated its rules into two categories, State only rules and rules that will apply in only nonattainment and maintenance areas. DAQ staff recommends not deleting these provisions from the rules. DAQ's compliance staff have indicated that these provisions are needed. It is necessary to have a method to enforce opacity limits for mobile and intermittent sources and EPA Method 9 is not intended to measure opacity limits for mobile and intermittent sources. Utah Code Section 19-2-106 restricts DAQ from developing a standard more restrictive than the corresponding federal regulation; however, there is no corresponding federal regulation for measuring opacity emissions limits for mobile and intermittent sources. Therefore, DAQ developed a method to measure compliance of opacity emission limits for mobile and intermittent sources consistent with EPA Method 9. COMMENT 3: Add a provision to Rules R307-201, R307-206, R307-207, R307-302, R307-305, R307-306, R307-309, and other rules with visible opacity emission limits to allow alternatives to EPA Method 9 (40 CFR Part 60, Appendix A). Any alternative would be approved by the Executive Secretary on a case-by-case basis. One such alternative could be the Digital Opacity Compliance System (DOCS). Requirement for such a system could be included in Approval Orders and/or Title V permits. RESPONSE 3: DAQ agrees that DOCS can be beneficial; and will continue to allow DOCS as an option for periodic monitoring through operating permits. DAQ will reconsider adding such a provision to its rules, if DOCS receives federal approval. COMMENT 4: Subsection R307-201-3(7) says "Visible emissions...shall not be deemed in violation provided..." This use of the term violation is problematic. Some alternate language should be sought that avoids the controversy among different interpretations of the word violation. RESPONSE 4: This comment has reference to the Excess Emissions issue, and as mentioned above, DAQ has reproposed a draft of the Excess Emissions rule and submitted it to the EPA on March 3, 2005. DAQ is committed to continue this process. COMMENT 5: EPA stated that opacity standards for diesel engines must exempt locomotives, because states are preempted (or not allowed) to set opacity standards for locomotive engines. EPA suggested the following language for these provisions: "Emissions from diesel engines, except locomotives, manufactured?" RESPONSE 5: DAQ will make the suggested revision in Subsection R307-201-2(5) to read as follows: "Emissions from diesel engines, except locomotives, manufactured after January 1, 1973, shall be of a shade or density no darker than 20% opacity, except for starting motion no farther than 100 yards or for stationary operation not exceeding three minutes in any hour."

 

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Standards are needed to ensure that emissions of air pollution do not harm public health. This rule outlines the standards and should be continued.

 

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:

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

 

Authorized by:

M. Cheryl Heying, Planning Branch Manager