DAR File No. 37832

This rule was published in the August 1, 2013, issue (Vol. 2013, No. 15) of the Utah State Bulletin.

Environmental Quality, Air Quality

Rule R307-205

Emission Standards: Fugitive Emissions and Fugitive Dust

Notice of Proposed Rule

(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:

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

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:

  • 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:

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

 

Additional Information

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2013/b20130801.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example).  Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

For questions regarding the content or application of this rule, please contact 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.

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