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### Rule& PlanChangesOpenforPublicComment

Thefollowingtablegivesinformationand linksforairquality rules and planswhicharecurrer Theofficial publicationforannouncingsuchchanges isthe LJtah StateBulletin, publishedon each month bythe DivisionofAdministrative Rulesand availableontheirwebsite http://WWVI

Changesare proposedforthe following rules, and plans.You are invitedtocommentontherr Miller, orby postmailing:

RickSprott, Director DivisionofAirQuality Box 144820 SaltLakeCity, UT84114-4820**Compl~te** ListingofCurrentAirQuality**RuJ~$** (PDF)

Rules&Plans:

Subject (RuleText) RuleNumber (DAR Form) Contact Person (E-mail) Comment Period (Newspaper Notice) Public Hearing Date Expe( Adop' Date

R307-202 R307-202 J<.m**MiII~r** Aug 1to Aug 17, 1:30 pm 10/6/C ,lWg31 DEQRoom201, 168 Open Burning Rule f\j195QW, SLC Revision

R307-303 R307-303**~C!n** Miller Aug 1to Aug 17, 1:30pm 10/6/C A!J9 31 DEQ Room201, 168 NewOpen Burning NJ95QW, SLC RuleforWeber, Davis, SaltLakeand Utah Counties
R307-110-12 R307-110-12 JanMiller Aug 1to Aug 18, 1:30pm 10/6/C Aug 31 DAQMain Utah State Conference Room, Implementation Plan 150N 1950W, SLC IX.C.7: Replacethe EXisting SaltLake CityCarbon MonoxidePlaD
R307-11Q-33**Ut~h** State Implement(3tion Plan, Section)(C,Replace f;:Xisting Vehiclel/M PlanforSL County R30]-11Q:-33 BillColbert .A.l.Jg 1Jo Ayg31 Aug 18, 1:30pm DAQMain Conference Room, 150 N 1950W, SLC 10/6/C



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http://www.airqua1ity.utah.gov/ADMIN/Outreach/publiccommentlPubrule.htm 9/21/2004

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R3Q7:-21A-2

Update Rulefor MaximumAchievable Technology Standards**R~QZ:-214 E:ilE!~n** **Brel]Jl~JJ** AugJJQ 6lJR;3J Aug 19,1:30 pm DAQMain ConferenceRoom, 1

### pO**N1~_QQ\t\(** SLC 10/6/C

13307-110:-12

UtahState Implementation Plan IX.C.8: Beplacethe Existing_Odgen Carbon Monoxide Plan R307-110-1.2 Jan Miller Sept 1to Oct 1 Sept22, 1:30 pm Room 51 Weber Morgan Health Department,2570 GrantAve, Ogden 11/3/C**R30~-11** 0-35

Utah State Implementation Plan, SectionX.E, Replace ExistingVehicle 11M PlanforWeber County R307-110-35 Bill Colbert Sept1to Oct 1 Sept22, 1:30 pm Room 51 Weber Morgan Health Department,2570 GrantAve, Ogden 11/3/C

R307-110-11

Section IXControl MeasuresfQu\rea CindPointSQLJJ:ce?, PartB,_SulfurDioxde. R307-110-11 Bill Reiss Oct1to Nov 1 Oct20, 1:30 pm DEQRoom201,168 N1950W, SLC 12/1/C

R307:-107

Repeal and Re-Enact R307-107, General Requirements: Unavoidable Breakdown R307-107 Cheryl Heying Oct1 to Nov 1 Oct21, 1:30 pm DEQ Room 201, 168 N 1950W,SLC 12/1/C

R307-101-2

Amend R307-101-2, Definitions R307-101-2 Cheryl Heying Oct1 to Nov 1 Oct21, 1:30 pm DEQ Room 201, 168 N 1950W,SLC 12/1/C

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httn'//www**~irnl1~litv llt~h**  rmv/AnMTN/OlltTeach/nllhliccomment/Puhrnle.htm 9/21/2004R307. Environmental Quality, Air Quality. [R30? 10? Gen.eral Requiremen.ts: Un.avoidab1e Brealtdo'fm. RaO? 10? 1. Application.. R307 107 applies to all regulated pollutants including those for which there are 'National Ambient Air Quality Standards. Except as othenJise provided in R307 107, emissions resulting from an unavoidable breakdor,m will not be deemed a violation of these regulations. If excess emissions are predictable, they must be authorised under the variance procedure in R307 102 4. BreakdO'iJRs that are caused entirely or in part by poor maintenance, careless operation, or any other preventable upset condition or preventable equipment breakdown shall not be considered unavoidable breakdo'

...n.

RaG? 107 2. Reportin.g. ]\ breakdO'im for any period longer than 2 hours must be reported to the executive secretary within 3 hours of the beginning of the breakdo\m if reasonable, but in no case longer than 18 hours after the beginning of the breakdO'im. During times other than normal office hours, breakdowns for
any period longer than 2 hours shall be initialay reported
to the Environmental IIealth Emergency Response Coordinator, Telephone (801) 536 4123. Within 7 calendar days of the beginning of any breakdown of longer than 2 hours, a written report shall be submitted to the executive secretary r,Jhich shall include the cause and nature of the event, estimated quantity of pollutant (total and owess), time of emissions and steps taken to control the emissions and to prevent recurrence. The submittal of such information shall be used by the m{Ccutive secretary in determining r,Jhether a violation has occurred and/or the need of further enforcement action.

RaG? 1G? 3. Pen.alties. Failure to comply ',dth the reporting procedures of R307 107 2 will constitute a violation of these regulations.

R30? 10? 4. Procedures. The owner or operator of an installation suffering an unavoidable breakdO'iJR shall assure that emission limitations and visible emission limitations are eJccecded for only as short a period of time as reasonable. The O'iJRer or operator shall take all reasonable measures ''''hich may include but are not limited to the immediate curtailment of production, operations, or activities at allinstallations of the source if necessary to limit the total aggregate emissions from the source to no greater than the aggregate allo\:able emissions averaged over the periods provided in the source's approval orders or R307. In the
event that production, operations or activities cannot be curtailed so as to so limit the total aggregate emissions without jeopardizing equipment or safety or measures taken

..:ould result in even greater excess emissions, the mmer or operator of the source shall use the most rapid, reasonable procedure to reduce emissions. The mmer or operator of any installation subject to a SIP emission limitation pursuant to these rules shall be deemed to have complicd .:ith the provisions of R307 107 if the emission limitation has not been exceeded.

RaO? 10? 5. Violation. Failure to comply 'v:ith curtailment actions required by R307 107 4 will constitute a violation of R3D? 107.

RaO? 107 6. Rmissions Standards. Other provisions of R30? may require more stringent controls than listed herein, in which case those requirements must be met.

KEY: air pollution, breakdolm*, excess emissions* 1998 19
2 104]

R307-107. General Requirements: Excess Emissions and Reporting. R307-107-1. Purpose and Definitions. (1) The purpose of R307-107 is to establish violations and affirmative defenses for excess emissions caused by malfunctions, scheduled maintenance, startup, or shutdown. Recordkeeping and reporting requirements also

are established. (2) Definitions. The following additional definitions apply to R307-107. (a) "Affirmative Defense" means, in the context of

an excess emissions incident, a response or defense put forward by a source, regarding which the source has the burden of proof, for the purpose of establishing that the incident does not constitute a violation.(b) "Excess Emissions" means a level, rate or amount of air emissions, including opacity, that exceeds any applicable emission limitation or opacity limit established under statute, rule, approval order, or permit. (c) "Malfunction" means a sudden failure of a process, process equipment, or air pollution control equipment to operate in a normal or usual manner.

R307-107-2. Violations and Affirmative Defenses for Excess Emissions Due to Malfunctions, Scheduled Maintenance, Startup, and Shutdown. (1) Applicability. R307-107-2 is applicable to all

sources except where emission standards, limits, or performance standards for malfunctions, scheduled maintenance, startup, or shutdown are identified in a specific rule, approval order, or permit, to include new

source performance standards (NSPS), and national emissions standards for hazardous air pollutants (NESHAPS), or other federal performance standards. (2) Violations and Affirmative Defense for Malfunctions. Excess emissions due to malfunction shall constitute a violation unless the incident qualifies for an affirmative defense under this subsection, R307-107-2(2). The owner or operator of a source with emissions in excess of an applicable emission limitation due to malfunction shall have an affirmative defense to a civil, administrative, or other proceeding, other than an action seeking injunctive relief, and is excused from penalties if the owner or operator of the source has demonstrated all of the following. (a) The excess emissions were caused by a malfunction which was beyond the control of the owner or operator. (b)" The excess emissions did not stem from any activity or event that could have been foreseen, avoided,

or planned for, and could not have been avoided by good design, operation, and maintenance consistent with good industry practices. (c) The air pollution control equipment or processes

were maintained and operated in a manner consistent with good practice for minimizing emissions such as manufacturers' recommendations and general industry adopted practLces. (d) Repairs were made in an expeditious fashion when the operator knew or should have known that applicable emission limitations were being exceeded. Off-shift labor and overtime, to the extent practicable, were utilized toensure that such repairs were made as expeditiously as practicable. (e) The amount and duration of the excess emissions (including any bypass of control equipment) were minimized
to the extent practicable during periods of such emissions. Jf) All practicable steps were taken to minimize the impact of the excess emissions on ambient air**qualit~ ~All**  emission-monitoring systems were kept in operation if possible. (h) The owner or operator's actions in response to the excess emissions were documented by contemporaneous operating logs or other relevant evidence. (i) The excess emissions were not part of a recurring pattern indicative of inadequate design, operation, or maintenance. (j) The owner or operator provided notice in accordance with R307-107-3, if required. (k) The excess emissions did not cause or contribute
to an exceedance of the National Ambient Air Quality Standards or the Prevention of Significant Deterioration increments. (3) Violations and Affirmative Defense for Scheduled Maintenance, Startup or Shutdown. Excess emissions due to scheduled maintenance, startup, or shutdown shall constitute a violation unless the incident qualifies for an affirmative defense under this subsection, R307-107-2(3). If excess emissions occur due to malfunctions during scheduled maintenance, startup, or shutdown, those instances shall be treated as malfunctions**sUbj~~~_~_~** subsection (2) above. Otherwise, the owner or operator of

a source with emissions in excess of an applicable emission limitation due to scheduled maintenance, startup, or shutdown has an affirmative defense to a civil, administrative, or other proceeding, other than an action seeking injunctive relief, and is excused from penalties if the owner or operator of the source has demonstrated all of the following. (a) Excess emissions that occurred during scheduled maintenance, startup or shutdown were short and infrequent and could not have been prevented through careful planning and design consistent with good industry practices. (b) The excess emissions were not part of a_ recurring pattern indicating inadequate design, operation, or maintenance. (c) If the excess emissions were caused by an intentional bypass of control equipment, then the bypass- --------

## ------------------- was unavoidable to prevent loss of life, personal injury,

or severe property damage. (d) At all times, the facility was operated in a

manner consistent with good practice for minimizing emissions such as manufacturers' recommendations and general industry adopted practices. (e) The frequency and duration of operation in**sch~duled** maintenance, startup, or shutdown mode were minimized to the extent practicable. (f) All practicable steps were taken to minimize the impact of the excess emissions on ambient air quality. (g) All emission monitoring systems were kept in operation if possible. (h) The owner or operator's actions during the period of excess emissions were documented by contemporaneous operating logs or other relevant evidence. (i) The owner or operator provided notice in accordance with R307-107-3, if required. (j) The excess emissions did not cause or contribute
to an exceedance of the National Ambient Air Quality**~tandards** or the Prevention of Significant Deterioration increments. (4) Excess Emissions Determinations. The executive secretary shall determine whether an affirmative defense has been established for excess emissions incidents based

on the criteria and information identified in subections (2) and (3) above. An affirmative defense may, but need not, be established pursuant to a judicial or administrative proceeding. (5) In cases where an excess emissions incident does
not qualify for an affirmative defense, the executive secretary or board may evaluate penalties through the exercise of enforcement discretion based on an assessment of all relevant information and the penalty policy of the board which could result in a determination of no penalties

or up to the maximum penalties, depending upon the circumstances. (6) Nothing in this Section R307-107-2 shall be construed to limit the authority of the Board to seek injunctive relief or to enforce the provisions of the Utah Air Conservation Act, Title 19, Chapter 2, and the rules**promulg~ted** under it.

R307-107-3. Recording and Reporting Requirements. (1) This Section R307-107-3 is applicable to all

sources. Recording and reporting requirements in any other rule, approval order, permit, or enforcement order are inaddition to the requirements of this R307-107-3. It is acceptable for a source to give a combined notice or file a combined report if by so doing it can comply with both the reporting requirements of this R307-107-3 and other reporting requirements applicable to the source. (2) The owner or operator of any source shall report to the executive secretary any excess emissions with a duration of two hours or longer. Failure to comply with the following reporting requirements and procedures shall preclude the use of the affirmative defense provisions specified in Section R307-107-2. (a) Initial Report. The source shall notify the executive secretary by telephone or facsimile within three hours of the time the owner or operator first learns of the

occurrence of excess emissions of a duration of two hours

or longer. The notification shall include the information listed in subsection (b) below to the extent that is available to the source at the time of the initial report. During times other than normal office hours, excess emissions for any period longer than two hours shall be initially reported to the Utah Department of Environmental Quality 24-hour Answering Service at 801-536-4123. (b) Detailed Report. In the case of excess emissions with a duration of two hours or longer, the source shall provide the executive secretary with a detailed excess emissions report within seven calendar days of the time the initial report was due. The report shall include the following: (i) the company name and location, and the identity of each stack or other emission point where the excess emissions occurred; (ii) the magnitude of the excess emissions expressed in the units of the applicable emission limitation and the operating data and calculations used in determining the magnitude of the excess emissions; (iii) the date, starting time, and duration or expected duration of the excess emissions to include indicating who first identified the excess emissions and**wh~n;** (iv) the identity of the equipment from which the

excess emissions emanated; (v) a specific explanation of the cause and nature of the emissions; (vi) the steps taken to remedy the excess emissions, and the steps taken or planned to prevent the recurrence of the excess emissions;(vii) the steps that were or are being taken to limit the excess emissions; and (viii) the steps taken to comply with any applicable procedures governing operations during periods of excess emissions. (3) Recording. For excess emissions from malfunction, scheduled maintenance, startup or shutdown,**th~_** company shall keep the information necessary to demonstrate an affirmative defense under R307-107-2 on-site and available for review for two years after the excess emissions end.

KEY: air pollution, breakdown, malfunction, excess emissions 2005 19-2-104(1) (a) 19-2-104 (1) (c)