DAR File No. 41628

Environmental Quality, Air Quality

Rule R307-309

Nonattainment and Maintenance Areas for PM10 and PM2.5: Fugitive Emissions and Fugitive Dust

Notice of Proposed Rule

(Amendment)

DAR File No.: 41628
Filed: 05/15/2017 09:41:09 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule change is to provide clarity on the meaning of the applicability section and the methods of compliance. All changes are being proposed so that the rule will be eligible for EPA approval into the Utah State Implementation Plan (SIP).

Summary of the rule or change:

The rule is being changed to add an affirmative requirement that sources keep compliance records for a period of two years. Other changes to the rule include: 1) language that was added to Section R307-309-3 to emphasize that the rule applies to fugitive dust sources one-quarter acre or greater; 2) a clarification on the method for observing fugitive emissions that allows people to observe emissions at varying lengths of duration, not just six minutes; and 3) an explicit statement that fugitive dust plans are still required for the activities mentioned in Sections R307-309-7 through R307-309-11. These numbered changes mainly add clarity to the rule, and they do not change the way that the Division of Air Quality has previously interpreted those sections.

Statutory or constitutional authorization for this rule:

• Section 19-2-104

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget because the only new requirement for third parties (including the state) is to keep records of compliance for two years. This will not add any costs because the sources were already required to keep records to demonstrate compliance. Previously, there was no limit on the amount of time that sources had to maintain records. However, most sources already kept the records for two years because that is the statute of limitations for the Utah Environmental Code (Section 78B-2-307.5). Therefore, there is no predicted change in the cost as a result of this rule change.

local governments:

There is no anticipated cost or savings to local governments because the only new requirement for third parties (including local governments) is to keep records of compliance for two years. This will not add any costs because the sources were already required to keep records to demonstrate compliance. Previously, there was no limit on the amount of time that sources had to maintain records. However, most sources already kept the records for two years because that is the statute of limitations for the Utah Environmental Code (Section 78B-2-307.5). Therefore, there is no predicted change in the cost as a result of this rule change.

small businesses:

There is no anticipated cost or savings to small businesses because the only new requirement for third parties is to keep records of compliance for two years. This will not add any costs because the sources were already required to keep records to demonstrate compliance. Previously, there was no limit on the amount of time that sources had to maintain records. However, most sources already kept the records for two years because that is the statute of limitations for the Utah Environmental Code (Section 78B-2-307.5). Therefore, there is no predicted change in the cost as a result of this rule change.

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

There is no anticipated cost or savings to people other than small business, businesses, or local governments because the only new requirement for third parties is to keep records of compliance for two years. This will not add any costs because the sources were already required to keep records to demonstrate compliance. Previously, there was no limit on the amount of time that sources had to maintain records. However, most sources already kept the records for two years because that is the statute of limitations for the Utah Environmental Code (Section 78B-2-307.5). Therefore, there is no predicted change in the cost as a result of this rule change.

Compliance costs for affected persons:

There is no compliance cost for affected persons as a result of this rule change because the sources already were required to keep records for compliance for at least two years. Now the sources are able to dispose of the records after two years. This does not add any compliance costs.

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

There is no anticipated cost or savings to businesses because the only new requirement for third parties is to keep records of compliance for two years. This will not add any costs because the sources were already required to keep records to demonstrate compliance. Previously, there was no limit on the amount of time that sources had to maintain records. However, most sources already kept the records for two years because that is the statute of limitations for the Utah Environmental Code (Section 78B-2-307.5). Therefore, there is no predicted change in the cost as a result of this rule change.

Alan Matheson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

07/03/2017

This rule may become effective on:

07/10/2017

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-309. Nonattainment and Maintenance Areas for PM10 and PM2.5: Fugitive Emissions and Fugitive Dust.

R307-309-1. Purpose.

This rule establishes minimum work practices and emission standards for sources of fugitive emissions and fugitive dust.

 

R307-309-2. Definitions.

The following additional definition applies to R307-309:

"Material" means sand, gravel, soil, minerals, and other matter that may create fugitive dust.

 

R307-309-3. Applicability.

(1) [Applicability. ]R307-309 applies to all new or existing sources of fugitive dust one-quarter acre or greater and any sources of fugitive emissions located in PM10 [and]or PM2.5 nonattainment [and]or maintenance plan areas as defined in 40 CFR 81.345 (July 1, 2011)[, except as specified in R307-309-3(2)]. Collectively, the PM10 and PM2.5 nonattainment and maintenance plan areas are geographically defined as all regions of Salt Lake and Davis counties; all portions of the Cache Valley; all regions in Weber County west of the Wasatch mountain range; all regions of Utah County; in Box Elder County, from the Wasatch mountain range west to the Promontory mountain range and south of Portage; and in Tooele County, from the northernmost part of the Oquirrh mountain range to the northern most part of the Stansbury mountain range and north of Route 199.

(2) Exemptions.

(a) Agriculturally derived fugitive dust sources, including agricultural or horticultural activities specified in 19-2-114 (1)-(3) are exempt from the provisions of R307-309.

(b) Any activity subject to R307-307 , Road Salting and Sanding, is exempt from R307-309[-7].

 

R307-309-4. Fugitive Emissions.

(1) Fugitive emissions from any source shall not exceed 15% opacity.

(2) Opacity observations of fugitive emissions from stationary sources shall be conducted in accordance with EPA Method 9.

(3) For intermittent sources and mobile sources, opacity observations shall be conducted using Method 9; however, the requirement for observations to be made at 15 second intervals over a six-minute period shall not apply. The number of observations and the time period shall be determined by the length of the intermittent or mobile source operation.

 

R307-309-5. General Requirements for Fugitive Dust.

(1) Except as provided in R307-309-5(3), opacity caused by fugitive dust shall not exceed:

(a) 10% at the property boundary; and

(b) 20% on site

(2) Any person owning or operating a new or existing source of fugitive dust one-quarter acre or greater in size shall submit a fugitive dust control plan to the director in accordance with R307-309-6.

(3) Opacity in R307-309-5(1) shall not apply when the wind speed exceeds 25 miles per hour if the owner or operator has implemented, and continues to implement, the accepted fugitive dust control plan in R307-309-6 and administers [at least one]one or more of the following contingency measures:

(a) Pre-event watering;

(b) Hourly watering;

(c) Additional chemical stabilization;[or]

(d) Cease or reduce fugitive dust producing operations to the extent practicable.

[(e) Other contingency measure approved by the director.]

(4) Wind speed [may]shall be measured by [a hand-held]an anemometer[or equivalent device].

(5) Opacity observations of fugitive dust from any source shall be measured at the densest point of the plume.

(a) For mobile sources, visible emissions shall be measured at a point not less than 1/2 vehicle length behind the vehicle and not less than 1/2 the height of the vehicle.

(b) Opacity observations of emissions from stationary sources shall be measured in accordance with EPA Method 9.

(c) For intermittent sources, opacity observations shall be conducted using Method 9; however, the requirement for observations to be made at 15 second intervals over a six-minute period shall not apply. The number of observations and the time period shall be determined by the length of the intermittent or mobile source operation.

 

R307-309-6. Fugitive Dust Control Plan.

(1) Any person owning or operating a new or existing source of fugitive dust, including storage, hauling or handling operations, clearing or leveling of land one-quarter acre or greater in size, earthmoving, excavation, moving trucks or construction equipment over cleared land one-quarter acre or greater in size or access haul roads, or demolition activities including razing homes, buildings or other structures, shall submit a fugitive dust control plan on a form provided by the director or another format approved by the director.

(a) A fugitive dust control plan that has been submitted to and accepted by the director prior to December 3, 2012, will fulfill the requirements of R307-309-6 for that source.

(2) Activities regulated by R307-309 shall not commence before the fugitive dust control plan is approved by the director.

(a) Successful completion of the web-based division-sponsored fugitive dust control plan tool shall constitute plan approval.

(b) Hard copy fugitive control plan submission must be reviewed and approved by the director prior to commencing activities regulated by R307-309.

(3) Sources with an existing fugitive dust control plan who make site modifications that result in emission changes shall submit an updated fugitive dust control plan.

(4) Minimum fugitive dust control plan requirements. At a minimum, a fugitive dust control plan must include the following requirements as they apply to a source:

(a) Backfilling.

(i) Stabilize backfill material when not actively handling.

(ii) Stabilize backfill material during handling.

(iii) Stabilize soil at completion of backfilling activity.

(iv) Stabilize material while using pipe padder equipment.

(b) Blasting.

(i) Stabilize surface soils where drills, support equipment and vehicles will operate.

(ii) Stabilize soil during blast preparation activities.

(iii) Stabilize soil after blasting.

(c) Clearing.

(i) Stabilize surface soils where support equipment and vehicles will operate.

(ii) Stabilize disturbed soil immediately after clearing and grubbing activities.

(iii) Stabilize slopes at completion of activity.

(d) Clearing forms, foundations and slabs.

(i) Use water, sweeping and vacuum to clear.

(e) Crushing.

(i) Stabilize surface soils where support equipment and vehicles will operate.

(ii) Stabilize material before, during and after crushing.

(iii) Traffic mileage or speed controls.

(iv) Minimize transfer height.

(f) Cut and fill.

(i) Stabilize surface soils where support equipment and vehicles will operate.

(ii) Pre-water soils.

(iii) Stabilize soil during and after cut activities.

(g) Demolition-implosion.

(i) Stabilize surface area where support equipment and vehicles will be operated.

(ii) Stabilize demolition debris immediately following blast and safety clearance.

(iii) Stabilize and clean surrounding area immediately following blast and safety clearance.

(h) Demolition-mechanical and manual.

(i) Stabilize surface areas where support equipment and vehicles will operate.

(ii) Stabilize demolition debris during handling.

(iii) Stabilize debris following demolition.

(iv) Stabilize surrounding area following demolition.

(i) Disturbed soil.

(i) Limit disturbance of soils where possible.

(ii) Stabilize and maintain stability of all disturbed soil throughout construction site.

(j) Hauling materials.

(i) Limit visible dust opacity from vehicular operations.

(ii) Stabilize materials during transport on site.

(iii) Clean wheels and undercarriage of haul trucks prior to leaving construction site.

(k) Paving subgrade preparation.

(i) Stabilize adjacent disturbed soils following paving activities by applying water, chemical stabilizer and/or synthetic cover.

(l) Sawing and cutting materials.

(i) Limit visible emissions using water or vacuum.

(m) Screening.

(i) Stabilize surface soils where support equipment and vehicles will operate.

(ii) Pre-treat material prior to screening.

(iii) Stabilize material during screening.

(iv) Stabilize material and surrounding area immediately after screening.

(v) Minimize transfer height.

(n) Staging areas.

(i) Limit visible dust opacity from vehicular operations.

(ii) Stabilize staging area soils during use.

(iii) Stabilize staging area soils at project completion.

(o) Stockpiling.

(i) Stabilize stockpile materials during and after handling.

(ii) Stabilize surface soils where support equipment and vehicles will operate.

(p) Trackout prevention and cleanup.

(i) Install and maintain trackout control devices in effective condition at all access points where paved and unpaved access or travel routes intersect.

(q) Traffic on unpaved routes and parking areas.

(i) Stabilize surface soils where support equipment and vehicles will operate.

(r) Trenching.

(i) Stabilize surface soils where trenching equipment, support equipment and vehicles will operate.

(ii) Stabilize soils after trenching.

(s) Truck loading.

(i) Empty loader bucket slowly and keep loader bucket close to the truck to minimize the drop height while dumping.

(ii) Stabilize surface soils where support equipment and vehicles will operate.

(5) The fugitive dust control plan must include contact information, site address, total area of disturbance, expected start and completion dates, identification of dust suppressant and plan certification by signature of a responsible person.

 

R307-309-7. Storage, Hauling and Handling of Aggregate Materials.

Any person owning, operating or maintaining a new or existing material storage, handling or hauling operation shall prevent, to the maximum extent possible, and in accordance with R307-309-6, material from being deposited onto any paved road other than a designated deposit site. Any such person who deposits materials that may create fugitive dust on a public or private paved road shall clean the road promptly.

 

R307-309-8. Construction and Demolition Activities.

Any person engaging in clearing or leveling of land with an area of one-quarter acre or more, earthmoving, excavating, construction, demolition, or moving trucks or construction equipment over cleared land or access haul roads shall prevent, to the maximum extent possible, and in accordance with R307-309-6, material from being deposited onto any paved road other than a designated deposit site. Any such person who deposits materials that may create fugitive dust on a public or private paved road shall clean the road promptly.

 

R307-309-9. Roads.

(1) Any person responsible for construction or maintenance of any existing road or having right-of-way easement or possessing the right to use the same whose activities result in fugitive dust from the road shall minimize fugitive dust to the maximum extent possible and in accordance with R307-309-6. Any such person who deposits materials that may create fugitive dust on a public or private paved road shall clean the road promptly.

(2) Unpaved Roads. Any person responsible for construction or maintenance of any new or existing unpaved road shall prevent, to the maximum extent possible, the deposit of material from the unpaved road onto any intersecting paved road during construction or maintenance. Any person who deposits materials that may create fugitive dust on a public or private paved road shall clean the road promptly.

 

R307-309-10. Mining Activities.

(1) In addition to the requirements under R307-309-1 through R307-309-6, [F]fugitive dust, construction activities, and roadways associated with mining activities are regulated under the provisions of R307-309-10[and not by R307-309-6, 7, 8, 9, and 11].

(2) Any person who owns or operates a mining operation shall minimize fugitive dust as an integral part of site preparation, mining activities, and reclamation operations.

(3) The fugitive dust control measures to be used shall include:

(a) Periodic watering of unpaved roads or;

(b) Use of chemical stabilizers on unpaved roads or;

(c) Paving of roads.

(d) Immediate removal of coal, rock minerals, soil, and other dust-forming debris from roads and frequent scraping and compaction of unpaved roads to stabilize the road surface.

(e) Restricting the speed of vehicles in and around the mining operation,

(f) Revegetating, mulching, or otherwise stabilizing the surface of all areas adjoining roads that are a source of fugitive dust.

(g) Restricting the travel of vehicles on other than established roads.

(h) Enclosing, covering, watering, or otherwise treating loaded haul trucks and railroad cars, to minimize loss of material to wind and spillage.

(i) Substitution of conveyor systems for haul trucks and covering of conveyor systems when conveyed loads are subject to wind erosion.

(j) Minimizing the area of disturbed land.

(k) Prompt revegetation of regraded lands.

(l) Planting of special windbreak vegetation at critical points in the permit area.

(m) Control of dust from drilling, using water sprays, hoods, dust collectors or other controls approved by the director.

(n) Restricting the areas to be blasted at any one time.

(o) Reducing the period of time between initially disturbing the soil and revegetating or other surface stabilization.

(p) Restricting fugitive dust at spoil and coal transfer and loading points.

(q) Control of dust from storage piles through use of enclosures, covers, or stabilization and other equivalent methods or other techniques[as approved by the director, or

(r) Other techniques] as determined necessary by the director and upon concurrence by EPA.

[(4) Owners or operators shall submit a fugitive dust control plan to the director on a form provided by the director or another format approved by the director.

(a) Activities regulated by R307-309-10 shall not commence before the fugitive dust control plan is approved by the director.

(b) A fugitive dust control plan that has been submitted to and accepted by the director prior to December 3, 2012, will fulfill the requirements of R307-309-10.

(c) Sources with an existing fugitive dust control plan that make site modifications that result in emission changes shall submit an updated fugitive dust control plan.

(d) The fugitive dust control plan shall include site location, contact information, plot plan, total area of land to be disturbed, sources of fugitive dust, types of dust suppressants, high wind contingency measures, treatments for preventing trackout controls and plan certification by signature of a responsible person.]

 

R307-309-11. Tailings Piles and Ponds.

(1) In addition to the requirements under R307-309-1 through R307-309-6, [F]fugitive dust, construction activities, and roadways associated with tailings piles and ponds are regulated under the provisions of R307-309-11[and not by R307-309-6, 7, 8, 9, and 10].

(2) Any person owning or operating an existing tailings operation where fugitive dust results from grading, excavating, depositing, or natural erosion or other causes in association with such operation shall take steps to minimize fugitive dust from such activities. Such controls shall include:

(a) Watering or;

(b) Chemical stabilization or;

(c) Synthetic covers or;

(d) Vegetative covers or;

(e) Wind breaks or;

(f) A combination of R307-309-11(2)(a)-(e);

(g) Minimizing the area of disturbed tailings;

(h) Restricting the speed of vehicles in and around the tailings operation; or

([h]i) Other [equivalent methods or ]techniques which may be approvable by the director and upon concurrence by EPA.

[(3) Owners or operators shall submit a fugitive dust control plan to the director.

(a) Activities regulated by R307-309-11 shall not commence before the fugitive dust control plan is approved by the director.

(b) A fugitive dust control plan that has been submitted to and accepted by the director prior to December 3, 2012, will fulfill the requirements of R307-309-11.

(c) Sources with an existing fugitive dust control plan that make site modifications that result in emission changes shall submit an updated fugitive dust control plan.

(d) The fugitive dust control plan shall include site location, contact information, plot plan, total area of land to be disturbed, sources of fugitive dust, types of dust suppressants, high wind contingency measures, treatments for preventing trackout controls and plan certification by signature of a responsible person.]

 

R307-309-12. Record Keeping.

All sources subject to R307-309-5(2) and (3) shall maintain records for two years demonstrating compliance with R307-309. These records shall be available to the director upon request.

 

[R307-309-13. Compliance Schedule.

(1) All sources within the applicable portions of Salt Lake County, Utah County and the city of Ogden shall be in compliance with R307-309 upon the effective date of this rule.

(2) All sources within the remaining areas described in R307-309-3(1) shall be in compliance with R307-309-4 through 9 and R307-309-12 within 30 days of the effective date of this rule and shall be in compliance with R307-309-10 and 11 within 90 days of the effectiveness of this rule.]

 

KEY: air pollution, fugitive dust

Date of Enactment or Last Substantive Amendment: [January 1, 2013]2017

Notice of Continuation: [February 5, 2015]2017

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