DAR File No. 39844

Environmental Quality, Air Quality

Section R307-312-5

Hot Mix Asphalt Plants

Notice of Proposed Rule

(Amendment)

DAR File No.: 39844
Filed: 10/15/2015 03:30:06 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

On 08/25/2015, the EPA proposed conditional approval of sections of Utah's PM2.5 State Implementation Plan (SIP). As a condition for approving the SIP, EPA is requiring the state to amend Section R307-312-5. The state sent a letter to the EPA on 08/04/2015, that committed to revising the SIP. This amendment will partially satisfy that commitment.

Summary of the rule or change:

The rule currently states that "production shall be determined by scale house records or equivalent method on a daily basis." EPA requested three equivalent methods. DAQ is proposing to replace "equivalent method" with "belt scale records" and "manifest statements." The rule now provides three equivalent methods as EPA requested.

State statutory or constitutional authorization for this rule:

• Section 19-2-104

Anticipated cost or savings to:

the state budget:

There will be no costs or savings for the state budget because the rule already allowed "equivalent methods." The amendment now gives specific examples of equivalent methods to help regulated entities understand what methods are permitted.

local governments:

There will be no costs or savings for local government because the rule already allowed "equivalent methods." The amendment now gives specific examples of equivalent methods to help regulated entities understand what methods are permitted.

small businesses:

There will be no costs or savings for small businesses because the rule already allowed "equivalent methods." The amendment now gives specific examples of equivalent methods to help regulated entities understand what methods are permitted.

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

There will be no costs or savings for other persons because the rule already allowed "equivalent methods." The amendment now gives specific examples of equivalent methods to help regulated entities understand what methods are permitted.

Compliance costs for affected persons:

There will be no compliance costs for affected persons because the rule already allowed "equivalent methods." The amendment now gives specific examples of equivalent methods to help regulated entities understand what methods are permitted.

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

There will be no fiscal impact on businesses. The rule already allowed "equivalent methods." The amendment now gives specific examples of equivalent methods to help regulated entities understand what methods are permitted.

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:

12/01/2015

This rule may become effective on:

12/08/2015

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-312. Aggregate Processing Operations for PM2.5 Nonattainment Areas.

R307-312-5. Hot Mix Asphalt Plants.

(1) The filterable PM2.5 emission rate from a hot mix asphalt plant dryer shall not exceed 0.024 grains per dscf.

(a) Filterable PM2.5 emissions shall be determined by 40 CFR 51, Appendix M, Method 201A.

(2) From November 1 to March 1, a hot mix asphalt plant burning a fuel other than natural gas or liquefied petroleum gas (LPG) shall not produce more than 50% of its rated capacity.

(a) Production shall be determined by scale house records, belt scale records or [equivalent method]manifest statements on a daily basis.

(b) Compliance shall be based on either the daily amount of hot mix asphalt produced averaged over the operating day or the daily amount of hot mix asphalt produced while burning a fuel other than natural gas or LPG averaged over the time the plant is operating while burning a fuel other than natural gas or LPG each day.

(c) Compliance shall be determined by production records and fuel records.

 

KEY: air pollution, aggregate, asphalt, concrete

Date of Enactment or Last Substantive Amendment: [February 1, 2013]2015

Authorizing, and Implemented or Interpreted Law: 19-2-101; 19-2-104; 19-2-109