DAR File No. 39748

Environmental Quality, Air Quality

Section R307-201-3

Visible Emissions Standards

Notice of Proposed Rule

(Amendment)

DAR File No.: 39748
Filed: 09/15/2015 09:59:34 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 "contaminants" was replaced with "pollutants" 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 [email protected]

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

R307. Environmental Quality, Air Quality.

R307-201. Emission Standards: General Emission Standards.

R307-201-3. Visible Emissions Standards.

(1) Visible emissions from installations constructed on or before April 25, 1971, except diesel engines, shall be of a shade or density no darker than 40% opacity, except as otherwise provided in these rules.

(2) Visible emissions from installations constructed after April 25, 1971, except diesel engines shall be of a shade or density no darker than 20% opacity, except as otherwise provided in these rules.

(3) Visible emissions for all incinerators, no matter when constructed, shall be of shade or density no darker than 20% opacity.

(4) No owner or operator of a gasoline powered engine or vehicle shall allow, cause or permit visible emissions.

(5) Emissions from diesel engines, except locomotives, manufactured after January 1, 1973, 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.

(6) Emissions from diesel engines manufactured before January 1, 1973, shall be of a shade or density no darker than 40% opacity, except for starting motion no farther than 100 yards or for stationary operation not exceeding three minutes in any hour.

(7) 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.

(8) Compliance Method. Emissions shall be brought into compliance with these requirements by reduction of the total weight of [contaminants]pollutants discharged per unit of time rather than by dilution of emissions with clean air.

(9) Opacity Observation. Opacity observations of emissions from stationary sources shall be conducted in accordance with EPA Method 9. Opacity observers of mobile sources and intermittent sources shall use procedures similar to Method 9, but the requirement for observations to be made at 15 second intervals over a 6-minute period shall not apply.

 

KEY: air pollution, PM10

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

Notice of Continuation: February 5, 2015

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