Utah DAQ - Public Outreach	 Page 1 01'2 

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AIR QUALITY 

OUTREACH 

I I 

Public 

Comment 

Small 

Business 

Assistance 

Training 

Air Quality 

Board 

Forms 

Related Links 

• Utah State 

Bulletin 

•	 AQ Board 

•	 Administrative 

Rules 

AMC Home Regulati{);IS Permitting Planning Compliance 

Rule & Plan Changes Open for Public Comment 

The following table gives information and links for air quality rules and plans which are currer 

The official publication for announcing such changes is the LJtah State Bulletin, published on 

each month by the Division of Administrative Rules and available on their web site http://WWVI 

Changes are proposed for the following rules, and plans.You are invited to comment on therr 

Miller, or by post mailing: 

Rick Sprott, Director
 

Division of Air Quality
 

Box 144820
 

Salt Lake City, UT 84114-4820
 

Compl~te Listing of Current Air Quality RuJ~$ (PDF) 

Rules & Plans: 

Subject 

(Rule Text) 

Rule Number 

(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 1 to Aug 17, 1:30 pm 10/6/C 

,lWg 31 DEQ Room 201, 168 

Open Burning Rule f\j195Q W, SLC 

Revision 

R307-303 R307-303 ~C!n Miller Aug 1 to Aug 17, 1:30 pm 10/6/C 

A!J9 31 DEQ Room 201, 168 

New Open Burning NJ95QW, SLC 

Rule for Weber, 

Davis, Salt Lake and 

Utah Counties 

R307-110-12 R307-110-12 Jan Miller Aug 1 to Aug 18, 1:30 pm 10/6/C 

Aug 31 DAQ Main 

Utah State Conference Room, 

Implementation Plan 150 N 1950 W, SLC 

IX.C.7: Replacethe 

EXisting Salt Lake 

City Carbon 

Monoxide PlaD 

R307-11 Q-33 

Ut~h State 

Implement(3tion Plan, 

Section )(C, Replace 

f;:Xisting Vehiclel/M 

Plan for SL County 

R30]-11Q:-33 Bill Colbert .A.l.Jg 1Jo 

Ayg31 

Aug 18, 1:30 pm 

DAQ Main 

Conference Room, 

150 N 1950 W, SLC 

10/6/C 

I II II II II Ir-­

http://www.airqua1ity.utah.gov/ADMIN/Outreach/publiccommentlPubrule.htm	 9/21/2004 
Utah DAQ - Public Outreach Page 2 of2 

R3Q7:-21A-2 

Update Rule for 

Maximum Achievable 

Technology 

Standards 

R~QZ:-214 E:ilE!~n

Brel]Jl~JJ

AugJJQ 

6lJR;3J 

Aug 19,1 :30 pm 

DAQ Main 

Conference Room, 

1pO N1~_QQ\t\( SLC 

10/6/C 

13307-110:-12 

Utah State 

Implementation Plan 

IX.C.8: Beplace the 

Existing_Odgen 

Carbon Monoxide 

Plan 

R307-110-1.2 Jan Miller Sept 1 to 

Oct 1 

Sept 22, 1:30 pm 

Room 51 Weber 

Morgan Health 

Department, 2570 

Grant Ave, Ogden 

11/3/C 

R30~-11 0-35 

Utah State 

Implementation Plan, 

Section X.E, Replace 

Existing Vehicle 11M 

Plan for Weber 

County 

R307-110-35 Bill Colbert Sept 1 to 

Oct 1 

Sept 22, 1:30 pm 

Room 51 Weber 

Morgan Health 

Department, 2570 

Grant Ave, Ogden 

11/3/C 

R307-110-11 

Section IX Control 

Measures fQu\rea 

Cind Point SQLJJ:ce?, 

PartB,_SulfurDioxde. 

R307-110-11 Bill Reiss Oct 1 to 

Nov 1 

Oct 20, 1:30 pm 

DEQ Room 201,168 

N 1950 W, SLC 

12/1/C 

R307:-107 

Repeal and Re-Enact 

R307-107, General 

Requirements: 

Unavoidable 

Breakdown 

R307-107 Cheryl 

Heying 

Oct1 to 

Nov 1 

Oct 21, 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 

Oct 21, 1:30 pm 

DEQ Room 201, 168 

N 1950W, SLC 

12/1/C 

[HQmel[DEQ][Land][Water] 

Utah.gov Home I Utah.go"l"ermsofUse I Utah.gov Privacy Policy I Utah.gc 

Copyright © 2004 State of Utah· All rights reserved. 

httn'//www ~irnl1~litv llt~h rmv/ AnMTN/OlltTeach/nllhliccomment/Puhrnle.htm 9/21/2004 
R307. 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 all 
installations 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 to 
ensure 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 in 
addition 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)