DAR File No. 44040
This notice was published in the October 1, 2019, issue (Vol. 2019, No. 19) of the Utah State Bulletin.
Environmental Quality, Air Quality
Oil and Gas Industry: Flares
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 44040
Filed: 09/05/2019 09:43:23 AM
NOTICE OF REVIEW AND STATEMENT OF CONTINUATION
Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:
The Air Quality Board (Board) is allowed by Subsection 19-2-104(1)(a) to make rules "... regarding the control, abatement, and prevention of air pollution from all sources and the establishment of the maximum quantity of air pollutants that may be emitted by an air pollutant source." Also, Subsection 19-2-104(3)(q) allows the Board to "...meet the requirements of federal air pollution laws." In 2012, the state of Utah entered into EPA's Ozone Advance Program with the goal to proactively lower ozone values in the Uintah Basin. Ozone is created by photochemical reaction, and the main precursors are volatile organic compounds (VOC) and oxides of nitrogen (NOx). In the Uintah Basin, oil and gas production accounts for 97% of anthropogenic VOC emissions. New or modified oil and gas well production sites are required to capture and control VOC emissions, and the typical control device is a flare. Utah's General Approval Order (GAO) for a Crude Oil and Natural Gas Well Site and/or Tank Battery requires the VOC control device to reduce VOC emissions by 98%. The GAO requires continuous compliance with this control efficiency standard. Rule R307-503 would require all new flares to be equipped with a self-igniter to relight the pilot light if the flame is extinguished.
Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:
No comments were received since this rule was first made effective five years ago.
Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:
Rule R307-503 combats high ozone levels by lowering VOC emissions. This rule helps us to address the EPA's Ozone Advance Program with the goal to proactively lower ozone values in the Uintah Basin. Further, Rule R307-503 addresses the issue of unmanned well production sites. Unmanned well production sites are an issue because of a possible wind or surge of gas blowing out the pilot light possibly causing the combustion device to cease working for an extended period of time until personnel visit the site and relight the pilot light. Rule R307-503 would require all new flares to be equipped with a self-igniter to relight the pilot light if the flame is extinguished. Ozone continues to be monitored at levels above the National Ambient Air Quality Standard along the Wasatch Front and Uintah Basin. As operators have already invested to comply with the rule there is no additional impact to continue to comply and reduce emissions of ozone precursors. Therefore, this rule should be continued.
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:
- Liam Thrailkill at the above address, by phone at 801-536-4419, by FAX at , or by Internet E-mail at firstname.lastname@example.org
Bryce Bird, Director
More information about a Five-Year Notice of Review and Statement of Continuation is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2019/b20191001.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
For questions regarding the content or application of this rule, please contact Liam Thrailkill at the above address, by phone at 801-536-4419, by FAX at , or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Office of Administrative Rules.