DAR File No. 42369

Environmental Quality, Air Quality

Section R307-353-3

Exemptions

Notice of Proposed Rule

(Amendment)

DAR File No.: 42369
Filed: 12/11/2017 09:27:36 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 R307-353.

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.

R307-353. Plastic Parts Coatings.

R307-353-3. Exemptions.

(1) The provisions of this rule shall not apply to any of the following:

(a) Stencil coatings;

(b) Safety-indicating coatings;

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

(d) Magnetic data storage disk coatings;

(e) Plastic extruded onto metal parts to form a coating; and

(f) Textured finishes.

(2) If a coating line is subject to the requirements for existing automobile, light-duty truck, and other product and material coatings or for existing metallic surface coating lines, the coating line shall be exempt from this rule.

(3) Canned aerosol coating products up to 22 fl. oz. that are used exclusively for touch-up and repairs.

(4) Aerospace vehicles and components subject to R307-355.

(5) The provisions of R307-353 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 R307-353;

(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.

(6) Research and development, quality control, or performance testing activities.

 

KEY: air pollution, emission controls, coatings, plastic parts

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

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