DAR File No. 42368

Environmental Quality, Air Quality

Section R307-350-3

Exemptions

Notice of Proposed Rule

(Amendment)

DAR File No.: 42368
Filed: 12/11/2017 09:27:03 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Air Quality Board directed staff to add conditions for granting an exemption for medical devices.

Summary of the rule or change:

This rule change provides specific actions a source must meet in order to be exempted from Rule R307-350.

Statutory or constitutional authorization for this rule:

• Subsection 19-2-104(1)(a)

Anticipated cost or savings to:

the state budget:

There is no cost or savings to the state budget as a result of these changes because these changes do not change the way the rule impacts the state.

local governments:

There is no cost or savings to local governments as a result of these changes because these changes do not change the way the rule impacts local governments.

small businesses:

Sources that seek to be exempt may have additional costs related to applying for approval from the Federal Drug Administration; however, the savings from being exempt should offset any costs of applying for approval.

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

Persons other than small businesses, businesses, or local government entities will not be impacted by these changes because this rule does not apply to them.

Compliance costs for affected persons:

Sources that seek to be exempt may have additional costs related to applying for approval from the Federal Drug Administration; however, the savings from being exempt should offset any costs of applying for approval.

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

Sources that seek to be exempt may have additional costs related to applying for approval from the Federal Drug Administration; however, the savings from being exempt should offset any costs of applying for approval.

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:

• Mat Carlile at the above address, by phone at 801-536-4116, by FAX at 801-536-4136, or by Internet E-mail at mcarlile@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:

01/31/2018

This rule may become effective on:

03/08/2018

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-350. Miscellaneous Metal Parts and Products Coatings.

R307-350-3. Exemptions.

(1) The requirements of R307-350 do not apply to the following:

(a) The surface coating of automobiles subject to R307-354 and light-duty trucks;

(b) Flat metal sheets and strips in the form of rolls or coils;

(c) Surface coating of aerospace vehicles and components subject to R307-355;

(d) The exterior of marine vessels;

(e) Customized top coating of automobiles and trucks if production is less than 35 vehicles per day;

(f) Military munitions manufactured by or for the Armed Forces of the United States;

(g) Operations that are exclusively covered by Department of Defense military technical data and performed by a Department of Defense contractor and/or on site at installations owned and/or operated by the United States Armed Forces;

(h) Stripping of cured coatings and adhesives;

(i) Canned aerosol coating products ;

(j) Research and development, quality control, or performance testing activities; or

(k) The provisions of R307-350 shall not apply to coating products on medical devices up to 800 pounds of VOC per year[.] if:

(i) t he source has completed an application to the Federal Drug Administration (FDA) for approval of the coating meeting the requirements of R307-350;

(ii) the source has submitted to DAQ a copy of the application to FDA with a demonstration that it was submitted; and

(iii) the source submits to DAQ a quarterly update on the progress of their application to FDA.

(2) The requirements of R307-350-5 do not apply to the following:

(a) Stencil and hand lettering coatings;

(b) Safety-indicating coatings;

(c) Solid-film lubricants;

(d) Electric-insulating and thermal-conducting coatings;

(e) Magnetic data storage disk coatings; or

(f) Plastic extruded onto metal parts to form a coating.

(3) The requirements of R307-350-6 do not apply to the following:

(a) Touch-up coatings;

(b) Repair coatings; or

(c) Textured finishes.

 

KEY: air pollution, emission controls, coatings, miscellaneous metal parts

Date of Enactment or Last Substantive Amendment: [2017]2018

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