DAR File No. 37902

Environmental Quality, Air Quality

Rule R307-107

General Requirements: Breakdowns

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 37902
Filed: 08/08/2013 08:45:07 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 19-2-104(1)(a) allows the Air Quality Board to make rules "...regarding the control, abatement, and prevention of air pollution from all sources...," and Subsection 19-2-104(1)(c)(iii) allows the Board to write rules that require persons engaged in operation that result in air pollution to provide access to records relating to emissions that cause or contribute to air pollution. Thus, the Board may make rules such as Rule R307-107 that reduce the incidence of breakdowns that contribute to air pollution, and reduce the emissions that occur during breakdowns.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Rule R307-107 was amended one time since the last five-year review. In 2012, the rule was repealed and reenacted. During the public comment period, the Division of Air Quality (DAQ) received multiple comments. Twelve comments were received from the general public that supported the proposed rule. Six community organizations submitted comments, all in favor of the proposed rule, but several submitted suggested changes to the proposed rule, such as amending definitions and adding language. DAQ received five comments from industry and trade associations, the majority of which did not favor the proposed rulemaking. These comments made suggestions such as removing the rule from the SIP, not modeling the rule after Wyoming's rule, and keeping the two-hour threshold reporting requirement.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Typically, startups and shutdowns in industrial operations cause more emissions of air pollutants than are emitted during normal operations. Breakdowns in processing equipment can cause excess emissions. The rule is needed to ensure that excess emissions are promptly reported so that the DAQ can take action to protect public health and require that the operator do everything possible to reduce excess emissions. In addition, this rule is part of Utah's State Implementation Plan, and cannot be deleted without EPA approval. Therefore, this rule should be continued.

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 [email protected]

Authorized by:

Bryce Bird, Director

Effective:

08/08/2013