DAR File No. 36740

Environmental Quality, Air Quality

Rule R307-312

Aggregate Processing Operations for PM2.5 Nonattainment Areas

Change in Proposed Rule

DAR File No.: 36740
Filed: 12/10/2012 11:22:06 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the public comment period, comments from both industry and the EPA were submitted that resulted in the need to make substantive changes to the rule.

Summary of the rule or change:

Section R307-312-2 is changed by incorporating the PM2.5 nonattainment and maintenance area as defined in 40 CFR 81.345 and by adding a geographical description of the area. A definition for "Aggregate" is added to Section R307-3121-3. Language is added to the opacity observation requirement of Subsection R307-312-4(2) that states the Method 9 observations shall be 30 minutes (five six-minute averages). The compliance shall be based on the average of the five six-minute averages, but the duration of the Method 9 may be reduced to 6 minutes (one six-minute average) if the first six-minute average is below the limit specified in Table 1 of Section R307-312-4. Section R307-312-5 is changed by adding language that states compliance with the requirements of Subsection R307-312-5(2) shall be determined by production records and fuel records. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the October 1, 2012, issue of the Utah State Bulletin, on page 45. 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 new rule 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:

• Section 19-2-104
• Section 19-2-101
• Section 19-2-109

This rule or change incorporates by reference the following material:

• Adds 40 CFR 81.345, published by United States Government Printing Office, 07/01/2011

Anticipated cost or savings to:

the state budget:

The changes to Subsection R307-312-4(2) may result in a cost or a savings to the Division of Air Quality; however, it is difficult to estimate what those costs or savings would be. Any additional cost or saving would be minimal; 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 to small businesses; therefore, there are no anticipated costs or savings.

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

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

Compliance costs for affected persons:

The only new requirement for affected persons is the requirement for hot mix asphalt plants to demonstrate compliance with Section R307-312-5 through production records and fuel records. This requirement should not result in any additional costs for affected persons.

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

The only new requirement for businesses is the requirement for hot mix asphalt plants to demonstrate compliance with Section R307-312-5 through production records and fuel records. This requirement 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:

• 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:

This rule may become effective on:

02/01/2013

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-312. Aggregate Processing Operations for PM2.5 Nonattainment Areas.

R307-312-1. Purpose.

R307-312 establishes emission standards for sources in the aggregate processing industry, including aggregate processing equipment, hot mix asphalt plants, and concrete batch plants.

 

R307-312-2. Applicability.

(1) R307-312 applies to all crushers, screens, conveyors, hot mix asphalt plants, and concrete batch plants located within a PM2.5 nonattainment and maintenance area as defined in 40 CFR 81.345 (July 1, 2011) and geographically described as all regions of Salt Lake and Davis counties; all portions of the Cache Valley; all regions in Weber and Utah counties west of the Wasatch mountain range; in Box Elder County, from the Wasatch mountain range west to the Promontory mountain range and south of Portage; and in Tooele County, from the northernmost part of the Oquirrh mountain range to the northern most part of the Stansbury mountain range and north of Route 199.[Box Elder, Cache, Davis, Salt Lake, Tooele, Utah, or Weber counties.]

(2) The provisions of R307-312 do not apply to temporary hot mix asphalt plants.

 

R307-312-3. Definitions.

The following definitions apply to R307-312:

"Aggregate" means material of which the majority is nonmetallic minerals.

"Concrete batch plant" means any facility used to manufacture concrete by mixing aggregate with cement.

"Conveyor" means a device for transporting nonmetallic materials from one piece of equipment to another.

"Crusher" means a machine used to crush any nonmetallic minerals.

"Hot mix asphalt plant" means any facility used to manufacture hot mix asphalt by heating and drying aggregate and mixing with asphalt cements.

"Nonmetallic mineral" has the same definition as defined in 40 CFR 60.671.

"Screen" means a device for separating nonmetallic minerals according to size by passing undersize material through one or more mesh surfaces in series, and retaining oversize material on the mesh surfaces.

"Temporary" means not more than 180 operating days and not more than 365 calendar days.

 

R307-312-4. Visible Emissions.

(1) Visible emissions from sources subject to R307-312 shall not exceed the opacity limits as specified in Table 1.

 

TABLE 1

CATEGORY                                      OPACITY LIMIT

Crushers                                           12%
Screens                                             7%
Conveyor transfer points                            7%
Concrete batch plants                               7%

 

(2) Opacity Observation.

(a) Opacity observations of emissions shall be conducted according to 40 CFR 60, Appendix A, Method 9.

(b) The duration of the Method 9 observations shall be 30 minutes (five six-minute averages).

(c) Compliance shall be based on the average of the five six-minute averages. The duration of Method 9 may be reduced to 6 minutes (one six-minute average) if the first six-minute average is below the limit specified in Table 1.

 

R307-312-5. Hot Mix Asphalt Plants.

(1) The filterable PM2.5 emission rate from a hot mix asphalt plant dryer shall not exceed 0.024 grains per dscf.

(a) Filterable PM2.5 emissions shall be determined by 40 CFR 51, Appendix M, Method 201A.

(2) From November 1 to March 1, a hot mix asphalt plant burning a fuel other than natural gas or liquefied petroleum gas (LPG) shall not produce more than 50% of its rated capacity.

(a) Production shall be determined by scale house records or equivalent method on a daily basis.

(b) Compliance shall be based on either the daily amount of hot mix asphalt produced averaged over the operating day or the daily amount of hot mix asphalt produced while burning a fuel other than natural gas or LPG averaged over the time the plant is operating while burning a fuel other than natural gas or LPG each day.

(c) Compliance shall be determined by production records and fuel records.

 

R307-312-6. Compliance Schedule.

(1) All sources subject to R307-312-4 or R307-312-5(2) shall be in compliance with this rule by June 7, 2013.

(2) All sources subject to R307-312-5(1) that begin construction prior to June 7, 2013, shall submit test results demonstrating compliance with R307-312-5(1) to the director by December 14, 2015.

(3) All sources subject to R307-312-5(1) that begin construction on or after June 7, 2013, shall submit test results demonstrating compliance with R307-312-5(1) to the director no later than 180 days after initial startup.

 

KEY: air pollution, aggregate, asphalt, concrete

Date of Enactment or Last Substantive Amendment: [2012]2013

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