Environmental Quality, Solid and Hazardous Waste

Section R315-7-27

Air Emission Standards for Equipment Leaks

Notice of Proposed Rule

(Amendment)

DAR File No.: 33144
Filed: 11/12/2009 02:14:19 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to adopt equivalent federal regulations to maintain equivalency with the U.S. Environmental Protection Agency (EPA) and retain authorization.

Summary of the rule or change:

This proposed rule change includes national emission standards for hazardous air pollutants (NESHAP) for automobile and light-duty truck surface coating operations at major sources of hazardous air pollutants (HAP). It requires these operations to meet HAP emission standards reflecting the application of the maximum achievable control technology (MACT). The rule also amends Resource Conservation and Recovery Act (RCRA) air emission standards for owners and operators of treatment, storage, and disposal facilities (TSDFs) to exempt air emissions from certain activities that are covered by the final NESHAP.

State statutory or constitutional authorization for this rule:

• Section 19-6-105
• Section 19-6-106
• 40 CFR 271.21(e)

This rule or change incorporates by reference the following material:

• Updates: 40 CFR, 07/01/2004

Anticipated cost or savings to:

the state budget:

There are no additional costs or savings for the state budget beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change.

local governments:

There are no additional costs or savings for local governments beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change.

small businesses:

There are no additional costs or savings for small businesses beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change.

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

There are no additional costs or savings for other persons beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change.

Compliance costs for affected persons:

There are no additional costs or savings for affected persons beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change.

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

There are no additional costs or savings for businesses beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are part of this proposed rule change.

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
Solid and Hazardous Waste
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Susan Toronto at the above address, by phone at 801-538-6776, by FAX at 801-538-6715, or by Internet E-mail at storonto@utah.gov

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:

12/31/2009

This rule may become effective on:

01/15/2010

Authorized by:

Dennis Downs, Director

R315. Environmental Quality, Solid and Hazardous Waste.

R315-7. Interim Status Requirements for Hazardous Waste Treatment, Storage, and Disposal Facilities.

R315-7-27. Air Emission Standards for Equipment Leaks.

The requirements of 40 CFR subpart BB sections 265.1050 through 265.1064, [1997]2004 ed., [as amended by 62 FR 64636, December 8, 1997,] are adopted and incorporated by reference with the following exception:

(1) substitute "Board" for all federal regulation references made to "Regional Administrator."

 

KEY: hazardous waste

Date of Enactment or Last Substantive Amendment: [December 1, 2006]2010

Notice of Continuation: August 24, 2006

Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-106