DAR File No. 39743

This rule was published in the October 1, 2015, issue (Vol. 2015, No. 19) of the Utah State Bulletin.


Environmental Quality, Air Quality

Section R307-305-3

Visible Emissions

Notice of Proposed Rule

(Amendment)

DAR File No.: 39743
Filed: 09/15/2015 09:04:32 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

On 03/25/2015, Governor Gary Herbert signed Utah H.B. 229, Air Quality Modifications, from the 2015 General Session into law. H.B. 229 revised the statutory definitions of several terms in Section 19-2-102. The purpose of this rule is to amend the Utah Air Quality Rules so that they reflect the changes made to Section 19-2-102.

Summary of the rule or change:

The word "contaminant(s)" was replaced with "pollutant(s)" throughout the rule.

State statutory or constitutional authorization for this rule:

  • Section 19-2-104

Anticipated cost or savings to:

the state budget:

Replacing "contaminants" with "pollutants" will not create additional obligations for regulated entities. There are no anticipated costs or savings to the state budget.

local governments:

Replacing "contaminants" with "pollutants" will not create additional obligations for regulated entities. There are no anticipated costs or savings to local governments.

small businesses:

Replacing "contaminants" with "pollutants" will not create additional obligations for regulated entities. There are no anticipated costs or savings to small businesses.

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

Replacing "contaminants" with "pollutants" will not create additional obligations for regulated entities. There are no anticipated costs or savings to other persons.

Compliance costs for affected persons:

Replacing "contaminants" with "pollutants" will not create additional obligations for regulated entities. There are no compliance costs for affected persons.

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

Replacing "contaminants" with "pollutants" will not create additional obligations for regulated entities. Therefore, the amendments will have no fiscal impact on businesses.

Alan Matheson, 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:

  • Ryan Stephens at the above address, by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@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:

11/02/2015

This rule may become effective on:

12/03/2015

Authorized by:

Bryce Bird, Director

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-305. Nonattainment and Maintenance Areas for PM10: Emission Standards.

R307-305-3. Visible Emissions.

(1) Visible emissions from existing installations except diesel engines shall be of a shade or density no darker than 20% opacity. Visible emissions shall be measured using EPA Method 9.

(2) No owner or operator of a gasoline engine or vehicle shall allow, cause or permit the emissions of visible [contaminants]pollutants.

(3) Emissions from diesel engines, except locomotives, shall be of a shade or density no darker than 20% opacity, except for starting motion no farther than 100 yards or for stationary operation not exceeding three minutes in any hour.

(4) Visible emissions exceeding the opacity standards for short time periods as the result of initial warm-up, soot blowing, cleaning of grates, building of boiler fires, cooling, etc., caused by start-up or shutdown of a facility, installation or operation, or unavoidable combustion irregularities which do not exceed three minutes in length (unavoidable combustion irregularities which exceed three minutes in length must be handled in accordance with R307-107), shall not be deemed in violation provided that the director finds that adequate control technology has been applied. The owner or operator shall minimize visible and non-visible emissions during start-up or shutdown of a facility, installation, or operation through the use of adequate control technology and proper procedures.

 

KEY: air pollution, particulate matter, PM10, PM 2.5

Date of Enactment or Last Substantive Amendment: [September 2, 2005]2015

Notice of Continuation: February 5, 2015

Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a)

 


Additional Information

More information about a Notice of Proposed Rule is available online.

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/2015/b20151001.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 ([example]). Text to be added is underlined (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 Ryan Stephens at the above address, by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at rstephens@utah.gov.  For questions about the rulemaking process, please contact the Division of Administrative Rules.