No. 28217: R307-206. Emission Standards: Abrasive Blasting

DAR File No.: 28217
Filed: 09/07/2005, 03:29
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:

Rule R307-206 sets forth performance standards and maximum concentration of contaminants allowed in the air for operations that clean or prepare a surface by forcefully propelling a stream of abrasive material against the surface. Subsection 19-2-104(1)(a) allows the Air Quality Board to make rules "...regarding the control, abatement, and prevention of air pollution from all sources and the establishment of the maximum quantity of air contaminants that may be emitted by any air contaminant source."

 

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 R307-206 was last reviewed on June 19, 2003. Rule R307-206 has been revised once since the last review: DAR No. 27759, published April 1, 2005, and effective on July 7, 2005. The Division of Air Quality (DAQ) received one written comment. COMMENT: Kennecott Utah Copper Company (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: 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 this 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. 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.

 

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

This rule protects the health of citizens when abrasive blasting operations are underway 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