No. 27762: R307-305. Nonattainment and Maintenance Areas for PM10: Emission Standards

DAR File No.: 27762
Filed: 07/12/2005, 10:30
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to clarify language of Rule R307-305 in response to public comments.

 

Summary of the rule or change:

In response to public comment, the Board made clarifications throughout Rule R307-305, but there are no significant changes in meaning. The Board added language to clarify that locomotives are exempt from state emissions limits because locomotive emission rates are set by the Environmental Protection Agency (EPA). In addition, the original proposal separated the rules into two categories, rules that apply only in nonattainment and maintenance areas and must be federally approved, and rules that apply in all other areas of the state and are not federally approved. As a result of this separation, a provision governing excess emissions was erroneously left out of the original proposal to amend of Section R307-305-3. This provision is currently enforced statewide and is part of the federally enforceable State Implementation Plan, and the Board has added it as Subsection R307-305-3(4). (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 19. 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)(a)

 

Anticipated cost or savings to:

the state budget:

Although provisions of Rule R307-305 have been clarified, there are no additional requirements being added. Therefore, no changes in costs are expected to the State budget because of the clarifications. In addition, because the other revision restores existing requirements, no change in costs is expected to the state budget.

 

local governments:

Although provisions of Rule R307-305 have been clarified, there are no additional requirements being added. Therefore, no changes in costs are expected to sources owned by local governments because of the clarifications. In addition, because the other revision restores existing requirements, no change in costs is expected to sources owned by local governments.

 

other persons:

Although provisions of Rule R307-305 have been clarified, there are no additional requirements being added. Therefore, no changes in costs are expected to other persons because of the clarifications. In addition, because the other revision restores existing requirements, no change in costs is expected for other persons.

 

Compliance costs for affected persons:

Although provisions of Rule R307-305 have been clarified, there are no additional requirements being added. Therefore, no changes in costs are expected to affected persons because of the clarifications. In addition, because the other 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:

In response to public comments, provisions of Rule R307-302 have been clarified, but the clarification is not expected to have a fiscal impact on businesses. In addition, because the other revision restores existing requirements, no fiscal impact is expected on 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.

R307-305. Nonattainment and Maintenance Areas for PM10: Emission Standards.

R307-305-1. Purpose.

This rule establishes emission standards and work practices for sources located in PM10 nonattainment and maintenance areas to meet the reasonably available control measures requirement in section 189(a)(1)(C) of the Act.

 

R307-305-2. Applicability.

The requirements of R307-305 apply to the owner or operator of any source that is listed in Section IX, Part H of the state implementation plan or located in a PM10 nonattainment or maintenance area.

 

R307-305-3. Visible Emissions.

(1) Visible emissions from existing installations except diesel engines shall be of a shade or density no darker than 20% opacity. Visible emissions shall be measured using EPA Method 9.

(2) No owner or operator of a gasoline engine or vehicle shall allow, cause or permit the emissions of visible contaminants.

(3) Emissions from diesel engines, except locomotives, 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.

(4) Visible emissions exceeding the opacity standards for short time periods as the result of initial warm-up, soot blowing, cleaning of grates, building of boiler fires, cooling, etc., caused by start-up or shutdown of a facility, installation or operation, or unavoidable combustion irregularities which do not exceed three minutes in length (unavoidable combustion irregularities which exceed three minutes in length must be handled in accordance with R307-107), shall not be deemed in violation provided that the executive secretary finds that adequate control technology has been applied. The owner or operator shall minimize visible and non-visible emissions during start-up or shutdown of a facility, installation, or operation through the use of adequate control technology and proper procedures.

 

R307-305-4. Particulate Emission Limitations and Operating Parameters (PM10).

Any source with emission limits included in Section IX, Part H, of the Utah state implementation plan shall comply with those emission limitations and operating parameters. Specific limitations will be set by the executive secretary, through an approval order issued under R307-401, for installations within a source that do not have limitations specified in the state implementation plan.

 

R307-305-5. Compliance Testing (PM10).

Compliance testing for PM10, sulfur dioxide, and oxides of nitrogen emission limitations shall be done in accordance with Section IX, Part H of the state implementation plan. PM10 compliance shall be determined from the results of EPA test method 201 or 201a. A backhalf analysis shall be performed for inventory purposes for each PM10 compliance test in accordance with [a method approved by the executive secretary.]Method 202, or other appropriate EPA approved reference method.

 

R307-305-6. Automobile Emission Control Devices.

Any person owning or operating any motor vehicle or motor vehicle engine registered in the State of Utah on which is installed or incorporated a system or device for the control of crankcase emissions or exhaust emissions in compliance with the Federal motor vehicle rules, shall maintain the system or device in operable condition and shall use it at all times that the motor vehicle or motor vehicle engine is operated. No person shall remove or make inoperable within the State of Utah the system or device or any part thereof, except for the purpose of installing another system or device, or part thereof, which is equally or more effective in reducing emissions from the vehicle to the atmosphere.

 

R307-305-7. Compliance Schedule for New Nonattainment Areas.

The provisions of R307-305 shall apply to the owner or operator of a source that is located in any new PM10 nonattainment area 180 days after the area is officially designated a nonattainment area for PM10 by the Environmental Protection Agency. Provisions of R307-201 shall continue to apply to the owner or operator of a source during this transition period.

 

KEY: air pollution, particulate matter, PM10, PM 2.5

2005

Notice of Continuation June 19, 2003

19-2-104 (1)(a)