Environmental Quality, Air Quality

Rule R307-309

Nonattainment and Maintenance Areas for PM10: Fugitive Emissions and Fugitive Dust

Notice of Proposed Rule

(Amendment)

DAR File No.: 36483
Filed: 07/11/2012 05:21:53 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Air Quality Board is amending this rule in response to EPA concerns that not all anthropogenic sources of fugitive dust are being reasonably controlled as required under the Exceptional Events Rule and in order to receive EPA approval of exceptional event data flags.

Summary of the rule or change:

Rule applicability has been expanded to include PM2.5 nonattainment counties. The fugitive emissions section has been revised to clarify that EPA Method 9 is used to measure opacity, and the measurement process has also been expanded. The high wind exemption is re-written to clarify that sources must continue to operate their fugitive dust plan when winds exceed 25 mph to avoid violation of an opacity exceedance. High wind contingency measures are included under the General Requirements to enhance controls during high wind. Fugitive dust control plans must be filed using the online system before commencing activities. Suggestive control measures in Section R307-309-6 are deleted and replaced with best management practices in the online tool.

State statutory or constitutional authorization for this rule:

• Section 19-2-104
• Section 19-2-101

Anticipated cost or savings to:

the state budget:

Because the added requirements do not affect administrative procedures, there are no anticipated costs or savings to the state budget.

local governments:

Because the filing of dust controls plans and the implementation of controls are established practices, there will be minimal costs to local government.

small businesses:

The estimated cost for small businesses to implement dust control plans is $2,140 per acre.

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

The anticipated cost for any person other than small businesses, businesses, or local government entities engaged in construction projects greater than 1/4 acre is $2,140 per acre.

Compliance costs for affected persons:

The estimated cost to implement a dust control plan is $2,140 per acre.

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

The estimated cost to implement a dust control plan is $2,140 per acre.

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:

• Mark Berger at the above address, by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@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:

08/31/2012

Interested persons may attend a public hearing regarding this rule:

• 08/15/2012 01:00 PM, DEQ Bldg, 195 N 1950 W, Salt Lake City, UT

This rule may become effective on:

10/04/2012

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-309. Nonattainment and Maintenance Areas for PM10 and PM2.5: Fugitive Emissions and Fugitive Dust.

R307-309-1. Purpose.

This rule establishes minimum work practices and emission standards for sources of fugitive emissions and fugitive dust[ listed in Section IX, Part H of the state implementation plan or located in PM10 nonattainment and maintenance areas to meet the reasonably available control measures for PM10 required in section 189(a)(1)(C) of the Act].

 

R307-309-2. Definitions.

The following addition definition applies to R307-309:

"Material" means sand, gravel, soil, minerals, and other matter that may create fugitive dust.

 

R307-309-3. Applicability.

(1) Applicability. R307-309 applies to all sources of fugitive dust and fugitive emissions[ listed in Section IX, Part H of the state implementation plan or] located within Box Elder, Cache, Davis, Salt Lake, Tooele, Utah and Weber counties[in a nonattainment or maintenance area for PM10], except as specified in R307-309-3(2)[ below].

(2) Exemptions.

(a) The provisions of R307-309 do not apply to agricultural or horticultural activities specified in 19-2-114 (1)-(3).

(b) Any activity subject to R307-307 is exempt from R307-309-7.

[(3) Compliance Schedule. Any source located in a new nonattainment area for PM10 is subject to R307-309 180 days after the area is designated nonattainment by the Environmental Protection Agency. Provisions of R307-205 shall continue to apply to the owner or operator of a source during this transition period.

]

R307-309-4. Fugitive Emissions.

(1) Fugitive emissions from any source shall not exceed 15% opacity.

(2) Opacity observations of fugitive emissions from stationary sources shall be conducted in accordance with EPA Method 9.

(3) For intermittent sources and mobile sources, opacity observations shall use procedures similar to Method 9[, but the requirement for observations to be made at 15-second intervals over a six-minute period shall not apply].

 

R307-309-5. General Requirements for Fugitive Dust.

(1) Except as provided in R307-309-5([2]3)[below], opacity caused by fugitive dust shall not exceed:

(a) 10% at the property boundary; and

(b) 20% on site

(2) Any person owning or operating a new or existing source of fugitive dust one-quarter acre or greater in size shall submit a fugitive dust control plan to the director in accordance with R307-309-6.

(3) Opacity in R307-309-5(1)[ above] shall not apply when the wind speed exceeds 25 miles per hour [and]if the owner or operator has implemented, and continues to implement, the accepted [is taking appropriate actions to control] fugitive dust control plan in R307-309-6 and administers at least one of the following contingency measures:[.]

(a) Pre-event watering;

(b) Hourly watering;

(c) Additional chemical stabilization; or

(d) Cease or reduce fugitive dust producing operations.

[ If the source has a fugitive dust control plan approved by the executive secretary, control measures in the plan are considered appropriate.

] ([b]4) Wind speed may be measured by a hand-held anemometer or equivalent device.

([3]5) Opacity observations of [emissions from stationary sources shall be conducted in accordance with EPA Method 9. For intermittent sources and mobile sources, opacity observations shall use procedures similar to Method 9, but the requirement for observations to be made at 15-second intervals over a six-minute period shall not apply]fugitive dust from any source shall be measured at the densest point of the plume.

(a) For mobile sources, visible emissions shall be measured at a point not less than 1/2 vehicle length behind the vehicle and not less than 1/2 the height of the vehicle.

(b) Opacity observations of emissions from stationary sources shall be measured in accordance with EPA Method 9.

 

R307-309-6. Fugitive Dust Control Plan.

(1) Any person owning or operating a new or existing source of fugitive dust, including storage, hauling or handling operations, [or engaging in ]clearing or leveling of land one-quarter acre or greater in size, earthmoving, excavation, [or ]moving[ement of] trucks or construction equipment over cleared land one-quarter acre or greater in size or access haul roads, or [engaging in ]demolition activities including razing homes, buildings or other structures, shall submit a fugitive dust control plan[a plan to control fugitive dust to the executive secretary] on a form provided by the director.[no later than 30 days after the source becomes subject to R307-309.]

(2) Activities regulated by R307-309 shall not commence before the fugitive dust control plan is accepted by the Division of Air Quality.[ The plan shall address fugitive dust control strategies for the following operations as applicable:

(a) Material Storage;

(b) Material handling and transfer;

(c) Material processing;

(d) Road ways and yard areas;

(e) Material loading and dumping;

(f) Hauling of materials;

(g) Drilling, blasting and pushing operations;

(h) Clearing and leveling;

(i) Earth moving and excavation;

(j) Exposed surfaces;

(k) Any other source of fugitive dust.

(2) Strategies to control fugitive dust may include:

(a) Wetting or watering;

(b) Chemical stabilization;

(c) Enclosing or covering operations;

(d) Planting vegetative cover;

(e) Providing synthetic cover;

(f) Wind breaks;

(g) Reducing vehicular traffic;

(h) Reducing vehicular speed;

(i) Cleaning haul trucks before leaving loading area;

(j) Limiting pushing operations to wet seasons;

(k) Paving or cleaning road ways;

(l) Covering loads;

(m) Conveyor systems;

(n) Boots on drop points;

(o) Reducing the height of drop areas;

(p) Using dust collectors;

(q) Reducing production;

(r) Mulching;

(s) Limiting the number and power of blasts;

(t) Limiting blasts to non-windy days and wet seasons;

(u) Hydro drilling;

(v) Wetting materials before processing;

(w) Using a cattle guard before entering a paved road;

(x) Washing haul trucks before leaving the loading site;

(y) Terracing;

(z) Cleaning the materials that may create fugitive dust on a public or private paved road promptly; or

(aa) Preventing, to the maximum extent possible, material from being deposited onto any paved road other than a designated deposit site.

(3) Each source shall comply with all provisions of the fugitive dust control plan as approved by the executive secretary.]

 

R307-309-7. Storage, Hauling and Handling of Aggregate Materials.

Any person owning, operating or maintaining a new or existing material storage, handling or hauling operation shall prevent, to the maximum extent possible, material from being deposited onto any paved road other than a designated deposit site. Any such person who deposits materials that may create fugitive dust on a public or private paved road shall clean the road [promptly]immediately.

 

R307-309-8. Construction and Demolition Activities.

Any person engaging in clearing or leveling of land with an area of one-quarter acre or more, earthmoving, excavating, construction, demolition, or moving trucks or construction equipment over cleared land or access haul roads shall prevent, to the maximum extent possible, material from being deposited onto any paved road other than a designated deposit site. Any such person who deposits materials that may create fugitive dust on a public or private paved road shall clean the road [promptly]immediately.

 

R307-309-9. Roads.

(1) Any person responsible for construction or maintenance of any existing road or having right-of-way easement or possessing the right to use the same whose activities result in fugitive dust from the road shall minimize fugitive dust to the maximum extent possible. Any such person who deposits materials that may create fugitive dust on a public or private paved road shall clean the road [promptly]immediately.

(2) Unpaved Roads. Any person responsible for construction or maintenance of any new or existing unpaved road shall prevent, to the maximum extent possible, the deposit of material from the unpaved road onto any intersecting paved road during construction or maintenance. Any person who deposits materials that may create fugitive dust on a public or private paved road shall clean the road [promptly]immediately.

 

R307-309-10. Mining Activities.

(1) Fugitive dust, construction activities, and roadways associated with mining activities are regulated under the provisions of R307-309-10 and not by R307-309-7, 8, 9, and 11.

(2) Any person who owns or operates a mining operation shall minimize fugitive dust as an integral part of site preparation, mining activities, and reclamation operations.

(3) The fugitive dust control measures to be used may include:

(a) [p]Periodic watering of unpaved roads,

(b) [c]Chemical stabilization of unpaved roads,

(c) [p]Paving of roads,

(d) [prompt]Immediate removal of coal, rock minerals, soil, and other dust-forming debris from roads and frequent scraping and compaction of unpaved roads to stabilize the road surface,

(e) [r]Restricting the speed of vehicles in and around the mining operation,

(f) [r]Revegetating, mulching, or otherwise stabilizing the surface of all areas adjoining roads that are a source of fugitive dust,

(g) [r]Restricting the travel of vehicles on other than established roads,

(h) [e]Enclosing, covering, watering, or otherwise treating loaded haul trucks and railroad cars, to minimize loss of material to wind and spillage,

(i) [s]Substitution of conveyor systems for haul trucks and covering of conveyor systems when conveyed loads are subject to wind erosion,

(j) [m]Minimizing the area of disturbed land,

(k) [p]Prompt revegetation of regraded lands,

(l) [p]Planting of special windbreak vegetation at critical points in the permit area,

(m) [c]Control of dust from drilling, using water sprays, hoods, dust collectors or other controls approved by the [executive secretary]director.

(n) [r]Restricting the areas to be blasted at any one time,

(o) [r]Reducing the period of time between initially disturbing the soil and revegetating or other surface stabilization,

(p) [r]Restricting fugitive dust at spoil and coal transfer and loading points,

(q) [c]Control of dust from storage piles through use of enclosures, covers, or stabilization and other equivalent methods or techniques as approved by the [executive secretary]director, or

(r) [o]Other techniques as determined necessary by the [executive secretary]director.

 

R307-309-11. Tailings Piles and Ponds.

(1) Fugitive dust, construction activities, and roadways associated with tailings piles and ponds are regulated under the provisions of R307-309-11 and not by R307-309-7, 8, 9, and 10.

(2) Any person owning or operating an existing tailings operation where fugitive dust results from grading, excavating, depositing, or natural erosion or other causes in association with such operation shall take steps to minimize fugitive dust from such activities. Such controls may include:

(a) [w]Watering,

(b) [c]Chemical stabilization,

(c) [s]Synthetic covers,

(d) [v]Vegetative covers,

(e) [w]Wind breaks,

(f) [m]Minimizing the area of disturbed tailings,

(g) [r]Restricting the speed of vehicles in and around the tailings operation, or

(h) [o]Other equivalent methods or techniques which may be approvable by the [executive secretary]director.

 

R307-309-12. Compliance Schedule.

All sources within Salt Lake County, Utah County and the city of Ogden shall be in compliance with R307-309 upon the effective date of this rule. All sources within Box Elder County, Cache County, Davis County, Tooele County, and the remaining portions of Weber shall be in compliance with R307-309 within 30 days of the effective date of this rule.

 

KEY: air pollution, fugitive dust[, PM10]

Date of Enactment or Last Substantive Amendment: [September 2, 2005]2012

Notice of Continuation: June 2, 2010

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