No. 27756: R307-165. Emission Testing

DAR File No.: 27756
Filed: 07/12/2005, 09:47
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to make amendments to Rule R307-165 in response to public comments.

 

Summary of the rule or change:

In response to public comment, the Air Quality Board revised Rule R307-165 to restore existing requirements of this rule. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the April 1, 2005, issue of the Utah State Bulletin, on page 8. 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 amendment 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:

Subsection 19-2-104(1)

 

Anticipated cost or savings to:

the state budget:

Because this revision restores existing requirements, no change in costs is expected to the state budget.

 

local governments:

Because this revision restores existing requirements, no change in costs is expected to sources owned by local governments.

 

other persons:

Because this revision restores existing requirements, no change in costs is expected for other persons.

 

Compliance costs for affected persons:

Because this revision restores existing requirements, no change in costs is expected for affected persons.

 

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

The proposed revision restores existing requirements and no fiscal impact is expected for businesses. Dianne R. Nielson, 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 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]

 

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:

09/01/2005

 

This rule may become effective on:

09/02/2005

 

Authorized by:

M. Cheryl Heying, Planning Branch Manager

 

 

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-165. Emission Testing.

R307-165-1. Purpose.

R307-165 establishes the frequency of emission testing requirements for all areas in the state.

 

R307-165-2. Testing Every 5 Years.

Emission testing is required at least once every five years of all sources with established emission limitations specified in approval orders issued under R307-401 or in section IX, Part H of the Utah state implementation plan. In addition, if the executive secretary has reason to believe that an applicable emission limitation is being exceeded, the executive secretary may require the owner or operator to perform such emission testing as is necessary to determine actual compliance status. Sources approved in accordance with R307-401 will be tested within six months of start-up. The Board may grant exceptions to the mandatory testing requirements of R307-165-2 that are consistent with the purposes of R307.

 

R307-165-3. Notification of DAQ.

At least 30 days prior to conducting any emission testing required under any part of R307, the owner or operator shall notify the executive secretary of the date, time and place of such testing and, if determined necessary by the executive secretary, the owner or operator shall attend a pretest conference.

 

R307-165-4. Test Conditions.

All tests shall be conducted while the source is operating at the maximum production or combustion rate at which such source will be operated. During the tests, the source shall burn fuels or combinations of fuels, use raw materials, and maintain process conditions representative of normal operations. In addition, the source shall operate under such other relevant conditions as the executive secretary shall specify.

 

R307-165-5. Rejection of Test Results.

The executive secretary may reject emissions test data if they are determined to be incomplete, inadequate, not representative of operating conditions specified for the test, or if the executive secretary was not provided an opportunity to have an observer present at the test.

 

KEY: air pollution, emission testing

2005

Notice of Continuation June 11, 2003

19-2-104(1)