DAR File No. 36741

Environmental Quality, Air Quality

Rule R307-307

Davis, Salt Lake, and Utah Counties: Road Salting and Sanding

Change in Proposed Rule

DAR File No.: 36741
Filed: 12/10/2012 11:29:56 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the public comment period, the Division of Air Quality (DAQ) received comments from both the EPA and the Utah Department of Transportation that resulted in several changes to the proposed rule.

Summary of the rule or change:

Section R307-307-1 is changed by clarifying that the version of 40 CFR 81.345 incorporated into the rule is the 07/01/2011 version. The definition for "arterial roadway" is moved from Section R307-307-5 to Section R307-307-2. The rule is changed throughout to add that applied salts shall be at least 92% by weight sodium chloride, magnesium chloride, calcium chloride, or potassium chloride. In the interest of public safety, several roads were added to Section R307-307-6 as being exempt from the requirements of Subsection R307-307-4(1). (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the October 1, 2012, issue of the Utah State Bulletin, on page 42. 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:

• Section 19-2-104

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:

Because the Utah Department of Transportation already applies salts that meet the purity requirements of the proposed rule and because there are no other new requirements to the state, there are no anticipated costs or savings to the state budget.

local governments:

The majority of local governments that apply salt to roads are already using salt with a sodium chloride (NaCl), magnesium chloride (MgCl2), calcium chloride (CaCl2), or potassium chloride (KCl) content of 92% or greater. Also, prices of salt with a NaCl, MgCl2, CaCl2, and KCl content of 92% or greater are competitive with salts with a lower content. Therefore, there are no anticipated costs or savings to local government.

small businesses:

Because the salts that can be applied to roads are expanded by adding MgCl2, CaCl2, and KCl, there should be anticipated savings to small businesses; however, since it is difficult to predict the demand of these salts each year, the savings amounts are unknown.

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:

Most people applying salts to roads are already using salt with a NaCl, MgCl, CaCl2, and KCl content of 92% or greater. Also, prices of these salts are competitive with salts with lesser purities. Any cost associated with the record-keeping requirements of the rule are expected to be minimal. Therefore, there are no anticipated compliance costs for affected persons.

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

Most people applying salts to roads are already using salt with a NaCl, MgCl, CaCl2, and KCl content of 92% or greater. Also, prices of these salts are competitive with salts with lesser purities. Any cost associated with the record-keeping requirements of the rule are expected to be minimal. Therefore, there are no anticipated compliance costs for affected persons.

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.

R307-307. Road Salting and Sanding.

R307-307-1. Applicability.

R307-307 applies to all persons who apply salt[,]or abrasives such as crushed slag[, or]and sand to roads in PM10 and PM2.5 nonattainment and maintenance areas as defined in 40 CFR 81.345 (July 1, 2011) and geographically described as all regions of Davis, Salt Lake, and Utah counties; all portions of the Cache Valley; all regions in Weber County 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.

 

R307-307-2. Definitions.

The following additional definition applies to R307-307:

"Arterial roadway" has the same meaning as outlined in U.S. DOT Federal Highway Administration Publication No. FHWA-ED-90-006, Revised March 1989, "Highway Functional Classification: Concepts, Criteria, and Procedures" as interpreted by Utah Department of Transportation and shown in the following maps: Salt Lake Urbanized Area, Provo-Orem Urbanized Area, and Ogden Urbanized Area (1992 or later).

 

R307-307-3. Records.

(1) Any person who applies salt or abrasives such as crushed slag and sand to roads in PM10 and PM2.5 nonattainment and maintenance areas shall maintain records of the material applied.

(a) For salt, the records shall include the quantity applied, the percent by weight of insoluble solids in the salt, and the percentage of the material that is sodium chloride (Nacl), magnesium chloride (MgCl2), calcium chloride (CaCl2), or potassium chloride (KCl).

(b) For abrasives such as sand or crushed slag, the records shall include the quantity applied and the percent by weight of fine material which passes the number 200 sieve in a standard gradation analysis.

(2) All records shall be maintained for a period of at least two years, and the records shall be made available to the director or [the director's]his designated representative upon request.

 

R307-307-[3]4. Content.

(1) After October 1, 1993, any salt applied to roads in Salt Lake, Davis, or Utah [C]counties [must]shall be at least 92% [sodium chloride (]NaCl[)], MgCl2, CaCl2, or KCl.

(2) After January 1, 2014, any salt applied to roads in all other areas specified in R307-307-1 [must]shall be [at least]no less than 92% by weight NaCl, MgCl2, CaCl2, or KCl.

 

R307-307-[4]5. Alternatives.

(1) After October 1, 1993, any person who applies an abrasive such as crushed slag, or sand[,] or who applies salt that is less than 92% by weight[sodium chloride (]NaCl,[)]MgCl2, CaCl2 or KCl to roads in Salt Lake, Davis, or Utah Counties [must]shall either:

(a) demonstrate to the director that the material applied has no more PM10 or PM2.5 emissions than salt which is at least 92% NaCl, MgCl2, CaCl2, or KCl; or

(b) vacuum sweep every arterial roadway (principal[e] and minor) to which the material was applied within three days of the end of the storm for which the application was made.[ For the purpose of this rule, the term "arterial roadway" shall have the meaning outlined in U.S. DOT Federal Highway Administration Publication No. FHWA-ED-90-006, Revised March 1989, "Highway Functional Classification: Concepts, Criteria, and Procedures" as interpreted by Utah Department of Transportation and shown in the following maps: Salt Lake Urbanized Area, Provo-Orem Urbanized Area, and Ogden Urbanized Area (1992 or later).]

(2) After January 1, 2014,any person who applies an abrasive such as crushed slag[,]or sand, or who applies salt that is less than 92% by weight NaCl, MgCl2, and/or CaCl2 to roads in all other areas specified in R307-307-1 shall comply with the requirements of either R307-307-[4]5(1)(a) or (b).

 

R307-307-6. Exemptions.

([3]1) In the interest of public safety, any person who applies an abrasive such as crushed slag or sand to arterial roadways because salt alone would not ensure safe driving conditions due to steepness of grade[,] or extreme weather[, or other reasons,]is exempt[may petition the director for a variance] from the [sweeping] requirements in R307-307-4[(1)(b)].

(2) The following roads are [S]specifically excluded from the[se] [sweeping] requirements of R307-307-5(1):[are]

(a) all canyon roads;[and]

(b) the portion of Interstate 15 near Point of the Mountain;

(c) I-15, from Exit 385 northward to the Idaho Border;

(d) I-84 from Exit 17 eastward to Exit 40 at Tremonton;

(e) SR-39 from Harrison Boulevard eastward into Ogden Canyon;

(f) I-84 from the junction with US-89 eastward into Weber Canyon;

(g) I-80 near Black Rock, from the junction with SR-36 to the junction with SR-202;

(h) SR-199; and

(i) SR-196.

 

KEY: air pollution, roads, particulate

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

Notice of Continuation: June 2, 2010

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