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Home » 2013 Issues » Vol. 2013, No. 15 (08/01/2013) » No. 37832 (Amendment): Rule R307-205. Emission Standards:Fugitive Emissions and Fugitive Dust

  No. 37832 (Amendment): Rule R307-205. Emission Standards:Fugitive Emissions and Fugitive Dust  

  • (Amendment)

    DAR File No.: 37832
    Filed: 07/10/2013 09:58:16 AM

    RULE ANALYSIS

    Purpose of the rule or reason for the change:

    There are two air quality rules that address fugitive dust in Utah: Rule R307-309, which applies to particulate matter nonattainment and maintenance areas; and Rule R307-205, which applies to all other areas of the state. In 2012, Rule R307-309 was amended to exempt all agriculturally derived dust sources in PM nonattainment and maintenance areas. The purpose of this amendment to Rule R307-205 is to provide the same exemption to the rest of the state.

    Summary of the rule or change:

    The rule is amended to exempt agriculturally derived dust sources from the rule requirements. The proposed amendments also clarify that the rule applies to all areas of the state except those areas that are PM10 or PM2.5 nonattainment or maintenance areas. The Clean Air Act requires that a demonstration be made that these amendments will not result in impaired air quality and that the public be given an opportunity to review and comment on the demonstration. This demonstration has been done and is available on the Division of Air Quality website at http://www.airquality.utah.gov/Public-Interest/Public-Commen-Hearings/Pubrule.htm for public review and comment from 08/01/2013 to 09/03/2013.

    State statutory or constitutional authorization for this rule:

    Anticipated cost or savings to:

    the state budget:

    There are no new requirements to the state; therefore, there are no anticipated costs or savings to the state budget.

    local governments:

    There are no new requirements to local government; therefore, there are no anticipated costs or savings.

    small businesses:

    There are no new requirements for small businesses in this rulemaking; therefore, there are no anticipated costs or savings.

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

    There are no new requirements for persons other than small businesses, businesses, or local government entities; therefore, there are no anticipated costs or savings.

    Compliance costs for affected persons:

    There are no new requirements added to this rule that would result in additional compliance costs for affected persons.

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

    The proposed changes to this rule are to exempt agriculturally derived dust sources and to clarify the rule applicability. These changes should not have a fiscal impact on businesses.

    Amanda Smith, 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 QualityRoom Fourth Floor
    195 N 1950 W
    SALT LAKE CITY, UT 84116-3085

    Direct questions regarding this rule to:

    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:

    09/03/2013

    This rule may become effective on:

    10/03/2013

    Authorized by:

    Bryce Bird, Director

    RULE TEXT

    R307. Environmental Quality, Air Quality.

    R307-205. Emission Standards: Fugitive Emissions and Fugitive Dust.

    R307-205-1. Purpose.

    R307-205 establishes minimum work practices and emission standards for sources of fugitive emissions and fugitive dust [for ]sources[ located in all areas in the state except those listed in section IX, Part H of the state implementation plan or located in a PM10 nonattainment or maintenance area].

     

    R307-205-2. Applicability.

    R307-205 applies statewide to all sources of fugitive emissions and fugitive dust, except for agriculturally derived dust sources, including agricultural or horticultural activities specified in 19-2-114(1)-(3) and any source [listed in section IX, Part H of the state implementation plan or ]located in a PM10 or PM2.5 nonattainment or maintenance area.

     

    KEY: air pollution, fugitive emissions, mining, tailings

    Date of Enactment or Last Substantive Amendment: [July 7, 2005]2013

    Notice of Continuation: March 4, 2010

    Authorizing, and Implemented or Interpreted Law: 19-2-101; 19-2-104; 19-2-109

     

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Document Information

Effective Date:
10/3/2013
Publication Date:
08/01/2013
Filed Date:
07/10/2013
Agencies:
Environmental Quality,Air Quality
Rulemaking Authority:

Section 19-2-109

Section 19-2-101

Section 19-2-104

Authorized By:
Bryce Bird, Director
DAR File No.:
37832
Related Chapter/Rule NO.: (1)
R307-205. Emission Standards: Fugitive Emissions and Fugitive Dust.