No. 42113 (Change in Proposed Rule): Rule R307-508. Oil and Gas Industry:VOC Control Devices

DAR File No.: 42113
Filed: 01/04/2018 12:07:38 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Air Quality Board proposed this new Rule R307-508 for public comment on 09/06/2017. A 45-day public comment period and two public hearings were held, during which the Division of Air Quality (DAQ) received comments that resulted in changes being made to the originally proposed rule. This rule is amended to clarify the definition of a "Well Site", and requirements. The clarifications did not substantially change the proposed requirements.

Summary of the rule or change:

This change to the proposed rule clarifies the definition of a "Well Site", and requirements. (EDITOR'S NOTE: The original proposed new rule upon which this change in proposed rule (CPR) was based was published in the October 1, 2017, issue of the Utah State Bulletin, on page 77. Underlining in the rule below indicates text that has been added since the publication of the proposed new rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.)

Statutory or constitutional authorization for this rule:

• Subsection 19-2-104(1)(a)

Anticipated cost or savings to:

the state budget:

This change in proposed rule does not affect the original economic impact analysis.

local governments:

This change in proposed rule does not affect the original economic impact analysis.

small businesses:

This change in proposed rule does not affect the original economic impact analysis.

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

This change in proposed rule does not affect the original economic impact analysis.

Compliance costs for affected persons:

No additional compliance costs are expected for affected persons.

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

After thorough review, it has been determined that these changes will not affect the original analysis provided in the original proposed rule.

Alan Matheson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Thomas Gunter at the above address, by phone at 801-536-4419, by FAX at , 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:

03/02/2018

Authorized by:

Bryce Bird, Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2018

FY 2019

FY 2020

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$0

$0

$0

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

 

The change in proposed rule does not affect the original economic impact analysis.

The Executive Director of the Department of Environmental Quality, Alan Matheson, has reviewed and approved this fiscal analysis.

 

 

R307. Environmental Quality, Air Quality.

R307-508. Oil and Gas Industry: VOC Control Devices.

R307-508-1. Purpose.

R307-508 establishes requirements for VOC control devices associated with [oil and gas operations]well sites used to control emissions of VOCs.

 

R307-508-2. Applicability.

(1) R307-508 applies to each VOC control device located at a well site as defined in 40 CFR 60.5430a Subpart OOOOa Standards of Performance for Crude Oil and Natural Gas Production, Transmission and Distribution.

(2) R307-508 shall apply to centralized tank batteries, as defined in R307-506-2.

([a]3) R307-508 does not apply to VOC control devices that are subject to an approval order issued under R307-401-8.

 

R307-508-3. VOC Control Device Requirements.

(1) A VOC control device required by R307-506 or R307-507 must have a control efficiency of 95% or greater.

(a) The VOC control device shall operate with no visible emissions.

(b) The VOC control device must comply with R307-503.

(2) [To show compliance with the control efficiency, the VOC control device shall be operated according to the manufacturer's specifications and be certified by the manufacturer to reduce VOC emissions by 95% or greater.]A well site shall demonstrate compliance by meeting the performance test methods and procedures specified in 40 CFR 60.5413.

(3) VOC control devices and all associated equipment shall be inspected monthly by audio, visual, or olfactory (AVO) means to ensure the integrity of the equipment is maintained and is operational. If equipment is not operational, corrective action shall be taken within 15 days of discovery.

 

R307-508-4. Recordkeeping.

(1) The owner[/]or operator shall keep and maintain records of [the following:

(a) ]the VOC control device's control efficiency guaranteed by the manufacturer[;]. These records shall be retained for the life of the control equipment on site.

([b]2) The owner or operator shall keep and maintain records of the manufacturer's written operating and maintenance instructions[; and]. These records shall be retained for the life of the control equipment.

([c]3) The owner or operator shall keep and maintain records of the VOC control device AVO inspections . These shall be retained for a minimum of three years. These records shall include:

([i]a) the date of the inspection;

([ii]b) the status of the control device and associated equipment; and

([iii]c) date of corrective action taken, if applicable.

 

KEY: air pollution, oil, gas

Date of Enactment or Last Substantive Amendment: [2017]2018

Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a)