No. 28223: R307-205. Emission Standards: Fugitive Emissions and Fugitive Dust

DAR File No.: 28223
Filed: 09/07/2005, 03:30
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:

The Air Quality Board is required by Subsection 19-2-101(2) to "...achieve and maintain levels of air quality which will protect human health and safety,..." In addition, Subsection 19-2-104(1)(a) allows the 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..." Also, Subsection 19-2-109(2)(a) allows the Board to "...establish emission control requirements by rule that in its judgment may be necessary to prevent, abate, or control air pollution that may be statewide or may vary from area to area, taking into account varying local conditions." Finally, Subsection 19-2-104(3)(e) allows the Board to "...prepare and develop a comprehensive plan or plans for the prevention, abatement, and control of air pollution in this state." Rule R307-205 protects the public health by reducing emissions from industries, gravel pits, constructions sites, haul trucks, mines, and tailings ponds, as authorized by the above statutes.

 

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 R307-205 was last reviewed on August 2, 2000. Rule R307-205 has been revised once since the last review: DAR No. 27764, published April 1, 2005, and effective on July 7, 2005. The Division of Air Quality (DAQ) received three written comments since the last review. COMMENT 1: The revised rules exempt sources constructed before certain dates; in Section R307-201-3, the date is April 21, 1975. The original idea behind grandfathering was that eventually this equipment would be replaced by newer equipment with better controls. RESPONSE 1: Sources are required to undergo a New Source Review, and lose grandfathered status, when they modify their operations. A source is no longer grandfathered if it moves to another location, and does not regain grandfathered status if it returns to the original location. A grandfathered source must meet specific emission limits required in a SIP or maintenance plan. Any equipment brought into Utah from another state is not grandfathered at the new location in Utah, and is subject to New Source Review rules. Generally, our New Source Review is more stringent than New Source Performance Standards. COMMENT 2: Rule R307-205 "General emission: Fugitive Emissions and Fugitive Dust" - EPA is concerned with the removal of provisions of Rule R307-205 and has asked DAQ to show that these changes will not interfere with attainment, maintenance, or other requirements of Clean Air Act (CAA). RESPONSE 2: The provisions removed from Rule R307-205 fall into three categories: 1) DAQ moved the definition of "Road" to the general definitions in Section R307-101-2 rather than repeating the definition in multiple rules. 2) Provisions that apply to nonattainment and maintenance areas are addressed in Rule R307-309, and do not need to be included in this rule that applies only in attainment areas for PM. Some outdated requirements to submit a fugitive dust plan by 1981 were also removed because those plans were submitted, as required, almost 25 years ago. 3) The only remaining provision that was removed requires an NOI for any new unpaved road with a traffic volume of 150 trips per day. This rule has been in place for a long time, and discussions with DAQ staff indicate that application of the rule focused on industrial roads such as haul roads. Since this rule was first put in place, DAQ has increased fugitive dust requirements and the regulation of haul roads through the approval order process for new or modified sources. This has been done under the authority of Rule R307-401, not this rule. Removing the unpaved road provision in this rule will not have any affect on air quality because the regulation of fugitive dust from haul roads has essentially been taken over by the approval order process. COMMENT 3: A letter from the U.S. Environmental Protection Agency (EPA), was received on May 15, 2003. This letter was in response to Utah's submittal to EPA for approval of changes made during 1999 in Rules R307-205 and R307-309. The two rules address similar issues, but Rule R307-205 applies statewide, while Rule R307-309 adds further requirements for the urban areas that are designated nonattainment for the federal health standard for coarse particles. Most of EPA's letter addresses interactions of Rule R307-309 and other rules; EPA's only comment about Rule R307-205 was: "We also realize that the new requirements of Rules R307-205 and R307-309 overall are more stringent than what was contained in Rule R307-12 [the rule that preceded Rules R307-205 and R307-309], and recognize the efforts of the State in revising this rule." Therefore, no action is needed in response to this comment.

 

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

Rule R307-205 reduces emissions from industries, gravel pits, constructions sites, haul trucks, mines, and tailings ponds. In addition, complaints about fugitive dust make up approximately 50% of the complaints received by the Division of Air Quality. Therefore, this rule 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