195 North 1950 West • Salt Lake City, Utah

Mailing Address: P.O. Box 144820 • Salt Lake City, Utah 84114-48 20

Telephone (801) 536-4000 • Fax (801) 536-4099 • T.D.D. (801) 903-3978

www.deq.utah.gov

Printed on 100% recycled paper 

### State of Utah

GARY R. HERBERT

Governor

SPENCER J. COX

Lieutenant Governor 

### Department of

Environmental Quality

Alan Matheson

Executive Director

DIVISION OF AIR QUALITY

Bryce C. Bird

Director Air Quality Board

Stephen C. Sands II, Chair

Kerry Kelly, Vice-Chair

Alan Matheson

Erin Mendenhall

Robert Paine III

Arnold W. Reitze Jr

Michael Smith

Karma M. Thomson

Bryce C. Bird,

Executive Secretary

DAQ-059-15a

UTAH AIR QUALITY BOARD MEETING

FINAL AGENDA

Wednesday, October 7, 2015 - 1:30 p.m.

195 North 1950 West, Room 1015

Salt Lake City, Utah 84116

I. Call-to-Order

II. Date of the Next Air Quality Board Meeting: December 2, 2015

III. Approval of the Minutes for September 2, 2015, Board Meeting.

IV. Final Adoption: Section XX. Part N. Enforceable Commitments for the Utah Regional Haze SIP.

Presented by Jay Baker.

V. Final Adoption: Amend R307-110-28. Regional Haze. Presented by Ryan Stephens.

VI. Propose for Public Comment: Amend R307-1 01-2. Definitions; R307-31 2-5. Hot Mix Asphalt

Plants; and R307-328-4. Loading of Tank Truc ks, Trailers, Railroad Tank Cars, and Other

Transport Vehicles. Presented by Ryan Stephens.

VII. Propose for Public Comment: Amend R307-4 05-3. Definitions; and R307-415-3. Definitions.

Presented by Ryan Stephens.

VIII. Propose for Public Comment: Amend R307-8 01. Utah Asbestos Rule. Presented by Ryan

Stephens.

IX. Propose for Public Comment: Amend R307-110-28 . Regional Haze. Presented by Ryan Stephens.

X. Informational Items.

A. Petition for Rulemaking: Emission Limits, Offsets, Testing Frequency, and Public

Participation. Presented by HEAL Utah, Western Resource Advocates, and Utah

Physicians for a Healthy Environment.

B. Clean Power Plan Final Rule. Presented by Glade Sowards.DAQ-059-15a

Page 2

C. Final Data Requirements Rule for the 2010 1-Hour Sulfur Dioxide Primary National

Ambient Air Quality Standard. Presented by Glade Sowards.

D. Mining in High Winds Areas. Presented by Adrian Dybwad.

E. Air Toxics. Presented by Robert Ford.

F. Compliance. Presented by Jay Morris and Harold Burge.

G. Monitoring. Presented by Bo Call.

H. Other Items to be Brought Before the Board.

In compliance with the American with Disabilities Act, individua ls with special needs (including auxiliary communicative aids a nd

services) should contact Ashley Nelson, Office of Human Resources at (801) 536-4413 (TDD 903-3978).

# ITEM 3195 North 1950 West • Salt Lake City, Utah

Mailing Address: P.O. Box 144820 • Salt Lake City, Utah 84114-48 20

Telephone (801) 536-4000 • Fax (801) 536-4099 • T.D.D. (801) 903-3978

www.deq.utah.gov

Printed on 100% recycled paper 

### State of Utah

GARY R. HERBERT

Governor

SPENCER J. COX

Lieutenant Governor 

### Department of

Environmental Quality

Alan Matheson

Executive Director

DIVISION OF AIR QUALITY

Bryce C. Bird

Director Air Quality Board

Stephen C. Sands II, Chair

Kerry Kelly, Vice-Chair

Alan Matheson

Erin Mendenhall

Robert Paine III

Arnold W. Reitze Jr

Michael Smith

Karma M. Thomson

Bryce C. Bird,

Executive Secretary

UTAH AIR QUALITY BOARD MEETING

September 2, 2015 – 1:30 p.m.

195 North 1950 West, Room 1015

Salt Lake City, Utah 84116

DRAFT MINUTES

____________________________

I. Call-to-Order

Steve Sands called the meeting to order at 1:32 p.m.

Board members present: Arnold Reitze, Steve Sands, Karma Thomson, Kerry Kelly, Erin

Mendenhall (attendance by tele phone), Robert Paine

Excused: Michael Smith and Alan Matheson

Executive Secretary: Bryce Bird

II. Election of the Board Chair and Vice-Chair. Presented by Bryce Bird.

Mr. Bird opened nominations for Chair of the Air Quality Board. Ms. Kelly nominates Steve Sands

and it was seconded by Robert Paine. No other nominations were made. Dr. Paine moved that

nominations cease and the motion was seconded by Ms. Thomson followed by a vote approving Mr.

Sands as Chair.

● Kerry Kelly nominates Steve Sands as Chair of the Air Quality Board. Robert Paine

seconded. The Board unanimously approved that Steve Sands serve as Chair of the Air

Quality Board.

Mr. Sands opened nominations for Vice-Chair of the Air Quality Board. Robert Paine nominates

Kerry Kelly and was seconded by Ms. Thomson. No other nominations were made. Ms. Thomson

moved that nominations cease and the motion w as seconded by Dr. Paine followed by a vote

approving Ms. Kelly as Vice-Chair.

● Karma Thomson nominates Kerry Kelly as Vice-Chair of the Air Quality Board. Robert

Paine seconded. The Board unanimously approve d that Kerry Kelly serve as Vice-Chair of

the Air Quality Board.Air Quality Board September 2, 2015 Page 2 of 9 III. Date of the Next Air Quality Board Meeting: October 7, 2015

For future planning, staff indicates that there are currently no planned agenda items for the November

meeting. The November 2015 Board meeting may be canceled.

IV. Approval of the Minutes for the June 3, 2015, Working Lunch and Board Meeting; and the

July 27, 2015, Teleconference Meeting.

A correction was made on page 4 of 5 of informa tional item A in the June 3, 2015, Board meeting

minutes to add “but is” to better clarify what is cau sing visibility impairment. The corrected sentence

will read, “The challenge for states in the west is th at a lot of what is causing visibility impairment in

our national parks is not anthropogenic emissi ons but is wildfires and dust storms.”

● Kerry Kelly motioned to approve the minutes as corrected. Arnold Reitze seconded. The

Board approved unanimously.

V. Final Adoption: Amend R307-101-3. General Requirements. Version of Code of Federal

Regulations Incorporated by Reference. Presented by Ryan Stephens.

Ryan Stephens, Environmental Planning Consultant at DAQ, stated that this rule incorporates by

reference the version of the Code of Federal Regulations (CFR) used throughout Utah’s air quality

rules. This rule is being amended to incorporat e the 2014 version of the CFR. A public comment

period was held from June 1 through July 1, 201 5, and no comments were received. Staff

recommends that the Board adopt the amended R307-101-3.

● Arnold Reitze motioned to adopt the amende d R307-101-3. Erin Me ndenhall seconded. The

Board approved unanimously.

VI. Final Adoption: Amend R307-121. General Re quirements: Clean Air and Efficient Vehicle Tax

Credit. Presented by Ryan Stephens.

Ryan Stephens, Environmental Pla nning Consultant at DAQ, stated that this rule was proposed in

response to statutory changes to the efficient vehi cle tax credit. A definition for “qualifying electric

motorcycles(s)” and rules for demonstrating proof of purchases and leases were added to the rule. A

public comment period was held from June 1 to July 1, 2015, and no comments were received. Staff

recommends the Board adopt the amendments to R307-121.

● Karma Thomson moved that the Board adopt amended R307-121, General Requirements,

Clean Air and Efficient Vehicle Tax Credit. Kerry Kelly seconded. The Board approved

unanimously.

VII. Final Adoption: New Rule R307-122. General Requirements: Heavy Duty Vehicle Tax Credit.

Presented by Ryan Stephens.

Ryan Stephens, Environmental Planning Consultant at DAQ, stated that this rule specifies the

requirements and procedures for the heavy duty ve hicle tax credit, which was passed by the Utah

Legislature during the 2015 general session. A pub lic comment period was held from June 1 to July

1, 2015. Staff recommends the Board adopt R307-122 as proposed.

● Robert Paine moved that the Board adopt ne w rule R307-122, General Requirements, Heavy

Duty Vehicle Tax Credit. Arnold Reitze sec onded. The Board approved unanimously.Air Quality Board September 2, 2015 Page 3 of 9 VIII. Final Adoption: R307-230. NOx Emission Li mits for Natural Gas-Fired Water Heaters.

Presented by Ryan Stephens.

Ryan Stephens, Environmental Pla nning Consultant at DAQ, stated that this rule was proposed for

the purpose of reducing NO

x emissions from natural gas powered water heaters. The rule sets out

tiered emission limits based on the amount of the water heaters BTU/hr. A public comment period

was held from June 1 to July 1, 2015. Severa l comments were received and were summarized in a

memorandum to the Board. The proposed chang es to the rule address those comments. Staff

recommends that the Board adopt new rule R307-230 as amended.

In response if this rule would apply to all parts of the nonattainment area and at what altitudes, staff

answered that this rule would be a statewide rule effective upon the certification of the rule and the

implementation date of 2017. In researchi ng models available online, 36 ultra-low NO

x water heaters

were found which had a minimum rating of 5,400 f eet, which would cover the Salt Lake Valley at a

minimum. Bradford White Company has water heater s available that have been certified in Colorado

for up to 10,100 feet. The units that are certified at 10,100 feet should accommodate a large range.

Jeff [Cleese] a representative of Lochinvar LLC , a boiler manufacturer, commented from the

audience that there are specific labs that are at a 5, 600 foot and 10,000 foot elevation that are used to

certify most appliances. Generally, manufacturers apply to national fuel gas code derate factors

above those elevations to ensure safety for customers.

Mr. [Cleese] also commented that the requi rement for manufacturers to print the NO

x rating on the

rating labels for appliances is problematic and that it is a unique requirement currently for Texas and

California. If the rule is adopted as currently wr itten, it would create some difficulties for contractors

in Utah. This is in reference to page 2 of 3 of the rule, lines 41 to 44. Staff responded that the

proposed rule has been amended by removing th e carton labeling requirement and the wording has

also been amended for clarity that we do not wish to have the actual rating printed. The labeling

requirement on the appliance is intended to confirm that the appliance complies with the appropriate

standard, which is currently being done by the ma nufacturers. In addition, there needs to be a

mechanism for a compliance inspector to be able figu re out the heating rating of the water heater and

make sure that the appropriate NO

x standard coincides with the rati ng. After further discussion, the

wording was amended to read, “(2) The water heater manufacturer shall display the model number

and the appropriate NO

x emission rating on a permanent label on each unit.”

● Arnold Reitze moved that the Board approve final adoption of R307-230 with the

amendment on page 2 of 3 to read, “(2) The water heater manufacturer shall display the

model number and the appropriate NOx emissi on rating on a permanent label on each unit.”

Robert Paine seconded. The Bo ard approved unanimously.

IX. Propose for Public Comment: Repeal of Exis ting SIP Subsection IX.A.10 and Re-enact with

SIP Subsection IX.A.10: PM10 Maintenance Provisi ons for Salt Lake County. Presented by

Bill Reiss.

Bill Reiss, Environmental Engineer at DAQ, stated that his introduction would cover agenda items 9,

10, 11, and related agenda item 12, Part H, which all represents a maintenance plan for PM 10 . We

have mostly moved onto PM 2.5 since it was introduced in 1997 to replace PM 10 as the indicator of fine

particulate matter. EPA did not get rid of PM 10 at that time, so it is still on the books and we have to

administer around it. PM 10 still includes the coarse fracti on that is larger than PM 2.5 . We deal with

that primarily as fugitive dust with rules, permits, and dust plans. Utah’s real problem, as far asAir Quality Board September 2, 2015 Page 4 of 9 particulate matter fine goes, is the winter smog we get and that it is now controlled by the more

restrictive PM 2.5 standard. These agenda items are mos tly an administrative effort to put PM 10 to bed

and move on with our efforts to mitigate PM 2.5 . DAQ had intended to do this last summer but was

delayed when the Courts decided that DAQ needed to do PM 2.5 over again under Subpart 4. We tried

this once before in 2005 when that plan had pred icted continued attainment through the year 2017,

which we are on track to achieve. But it was largel y derailed by a number of monitored values that

DAQ had flagged as exceptional events that EPA did not concur with. DAQ now has a string of

years in which there were no exceptional events from 2011 to 2014, and this data set makes it

possible to the attainment criteria without argumen t. DAQ has worked closely with EPA throughout

the development of this maintenance plan and feels that it is ready to close the book on PM 10 as well.

This plan will pick up where our existing state implementation plans (SIPs) for Salt Lake and Utah

Counties have left off. Those attainme nt SIPs were written in 1991 when PM 10 was the new indicator

of fine particulate matter. Reasonable availabl e control technology (RACT) was applied throughout

the nonattainment areas at that time and the whole plan brought us into compliance with the 24-hour

PM 10 standard in both counties by the year 1996. This plan will demonstrate continued compliance

with the PM 10 national ambient air quality standard (NAAQS) through the year 2030. It also includes

Ogden City, which was not part of that SIP but w as designated nonattainment afterward. It will be

structured as a maintenance plan which will a llow DAQ to request that EPA change the area

designations back to attainment. There are essentiall y two parts to the SIP revision, Part A is the SIP

narrative and Part H is the location of the emission limits. The emissions limits are required as part

of any nonattainment SIP.

Part A addresses monitored attainment of the standards, the reasons why we attained, the

administrative approval of the state’s air program, the modeled demonstrati on of maintenance, the

conformity budgets, and the conti ngency measures to be enacted in the unlikely event we re-violate

the standard once we have been redesignated attainment. The modeling was based on the PM 2.5 work

that has been ongoing for the last several years. In fact, you may recognize some of the narrative as

coming directly from the PM 2.5 SIP. There is a separate Part A for each of the three nonattainment

areas for agenda items 9, 10, and 11. Since they are so similar, each has been prepared with colors to

denote which parts are specific to the respective ar eas, blue for Salt Lake County, green for Utah

County, and purple for Ogden City.

Some of the highlights include that the mode ling analysis does include banked credits, which

includes all of the PM 10 , SO 2 , and NO

x credits that are currently in our registry. This means that the

plan proposes no changes to the way credits can be u sed or banked. You will recall this was an issue

in the PM 2.5 SIP. This is an example where the PM 2.5 standard has become the controlling standard

for fine particulate. Also, in the analysis there is an allocation of the safety margin to the mobile

sources. This will allow the metropolitan planning organization’s to do their long range planning

which includes time horizons well beyond the last year of the air quality plan which is 2030. The

safety margin is essentially the head-room betwee n the NAAQS and what the model predicts.

DAQ intended to repeal the old Sub sections 10, 11, and 12 of Part A and replace them with these new

Subsections 10, 11, and 12, which is why they ar e presented in the packet with no strikeouts and

underlines. Staff recommends that the Board propose for public comment to repeal existing SIP

Subsection IX.A.10 and re-enact with SIP Sub section IX.A.10, PM10 Maintenance Provisions for

Salt Lake County.

In discussion, staff responded that yes all the major s ources in the three areas are subject to RACT. It

is specifically discussed in Part H, the emission li mits. The emission numbers are also updated with

the PM 2.5 numbers. RACT is a requirement of any n onattainment area nonattainment SIP. In thisAir Quality Board September 2, 2015 Page 5 of 9 case, our SIPs for these areas were due in 1991 and RA CT was applied at that time to all the major

sources. Since this is a maintenance plan, it is not necessary to go back through and reassess the

RACT at each of the sources. In going over this with EPA’s attorneys, DAQ feels comfortable that

the plan today is approvable on the issue of RACT.

As DAQ concluded work on PM 2.5 recently and moved on to this next project there was initial

discussion as to whether they continue using the 2008 tri-annual inventory as the basis of the

projections in table 8 or the new 2011 tri-annual inventory base year. The new 2011 numbers were

used in which the numbers are slightly different but the method is essentially identical to what had

been used.

Finally, DAQ continues to work with EPA on the identification of exceptional events from

windblown dust. This is not just a Utah problem but is also a problem for many states throughout the

country. EPA acknowledges this is a problem and inte nds to revisit the rule as early as October.

● Robert Paine motioned that the Board propose the repeal of existing SIP Subsection IX.A.10

and re-enact with SIP Subsection IX.A.10, PM10 Maintenance Provisions for Salt Lake

County, for public comment. Karma Thomson se conded. The Board approved unanimously.

X. Propose for Public Comment: Repeal of Exis ting SIP Subsection IX.A.11 and Re-enact with

SIP Subsection IX.A.11: PM10 Maintenance Provi sions for Utah County. Presented by Bill

Reiss.

The introduction for this item was covered in the presentation of agenda Item IX. Staff recommends

that the Board propose for public comment to rep eal existing SIP Subsection IX.A.11 and re-enact

with SIP Subsection IX.A.11, PM10 Maintenance Provisions for Utah County.

● Kerry Kelly moved that the Board propose for public comment to repeal existing SIP

Subsection IX.A.11 and re-enact with SI P Subsection IX.A.11, PM10 Maintenance

Provisions for Utah County. Erin Mendenhall seconded. The Board approved unanimously.

XI. Propose for Public Comment: Repeal of Exis ting SIP Subsection IX.A.12 and Re-enact with

SIP Subsection IX.A.12: PM10 Maintenance Provi sions for Ogden City. Presented by Bill

Reiss.

The introduction for this item was covered in the presentation of agenda Item IX. Staff recommends

that the Board propose for public comment to rep eal existing SIP Subsection IX.A.12 and re-enact

with SIP Subsection IX.A.12, PM10 Maintenance Provisions for Ogden City.

● Erin Mendenhall moved that the Board propose for public comment to repeal existing SIP

Subsection IX.A.12 and re-enact with SI P Subsection IX.A.12, PM10 Maintenance

Provisions for Ogden City. Kerry Kelly sec onded. The Board approved unanimously.

XII. Propose for Public Comment: Repeal Existing SI P Subsection IX. Part H. 1, 2, 3, and 4 and Reenact with SIP Subsection IX. Part H. 1, 2, 3, and 4: Control Measures for Area and Point

Sources, Emission Limits and Operating Pr actices, PM10 Requirements. Presented by Bill

Reiss.

Bill Reiss, Environmental Engineer at DAQ, stated th at Part H is the location of the emission limits in

the SIP. Limits are required as part of any nonatta inment plan and their inclusion in the SIP makes

them federally enforceable. The portions of Part H that pertain to PM 10 were created as part of theAir Quality Board September 2, 2015 Page 6 of 9 1991 SIP. RACT for PM 10 was addressed at that time. There are no new RACT requirements. The

associated emission limits were then made part of the SIP. Some reorganization of the emission

limits were made over the years. At some point it went from appendix A to Part H and then in 2002 a

revision was made to the Utah County portion of the emission limits section and subsequently

approved by EPA. The limits for both counties we re last revised in 2005 as part of that PM 10 maintenance plan previously mentioned. That re vision was proposed to be disapproved by EPA but it

gave Part H its final form of Subsection 1 thro ugh 4. There are no new emission limits here for

additional PM 10 control. However, there were some refinements of emission limits. One, after

essentially 25 years, a reassessment was made of the listed sources that belonged in Part H. We used

the criteria of having 100 tons or more per year of emissions of PM 10 , SO 2 , or NO

x as the criteria for

inclusion to that list. We are not adding vol atile organic compounds (VOC) as a precursor to PM 10

. It is of course a precursor to PM 2.5 and plays a role in the chemistry DAQ models but we find no legal

requirement or need at this point to regulate VOC emission as part of PM 10 . Also, in the old SIP we

had many sand and gravel plants which were not a complete list of these sources in the valley. We

are now treating those as one source. As with the 2002 PM 10 SIP revision for Utah County and also

the PM 2.5 limits, the specificity that we are including in Part H has been limited now to only the most

significant source component. As mentioned, in th e 1991 SIP we had a number of very small sources

on the list and also had for any source a deal of specificity which we found cumbersome to administer

and better suited for approval orders. Ther e is no longer an annual standard for PM 10 . That was

revoked in 2006. Some of the refinements in th ese limits no longer speak to annual standards or

annual limits averaging periods.

Mr. Reiss also stated that essentially DAQ made an effort to harmonize the PM 10 SIP with other

regulatory limits that are currently on the books. The PM 10 conditions proposed for Part H

Subsections 1 through 4 look substantially the same as the PM 2.5 requirements recently approved into

Subsections 10, 11, and 12, the coarse PM 2.5 sections. For that reason, there are some new

requirements at certain sources. The emission limits in Subsections 1 through 3 reflect that. The

purpose of Subsection 4 is to provide a repository or interim conditions that will apply up until these

certain new RACT requirements are realized.

In response to why DAQ is not taking a more pro active stance on getting rid of start-up, shutdown,

and malfunction (SSM) exceptions, staff answered that in working with EPA one of the goals was to

get rid of all the exemptions. One was by pu tting in workplace practices and the other was to

establish alternative limits during SSM. A lot of the sources did not need SSM because they are gas

turbines and run pretty clean all of the time. If an exemption was left in, it was an oversight that

needs to be removed. With regard to the exception of flares, one of the reasons it is needed is that

when a unit starts up the nitrogen has be purged and so you bypass the flare gas recovery system and

have it go directly to the flare.

● Kerry Kelly moved that the Board propose for public comment to repeal existing SIP

Subsection IX, Part H. 1, 2, 3, and 4 and re-enact with SIP Subsection IX, Part H. 1, 2, 3, and

4. Erin Mendenhall seconded. The Board approved unanimously.

Public comment from Susan Hardy of Mountainlan d Association of Governments for Utah County

was introduced. Ms. Hardy, on behalf of Utah County commissioners, mayors, and the public,

expressed gratitude to the Board and the Division, especially Bill Reiss and his team for their work

related to the trading rule approved by the Board in March. Mr. Reiss has worked to the point where

it has allowed their transportation planning organizati on to move forward with its plan. In addition,

Rick McKeague with his expertise in a new m odel system helped them acquire the technical

capabilities to go forward with their plan. It took four years to reach this point where it has gone

through the federal regulation system. Without this particular trading rule their $14 billionAir Quality Board September 2, 2015 Page 7 of 9 transportation plan would have not been able to go forward. This is an immense economic boost for

their region and all the amenities it brings with it.

XIII. Propose for Public Comment: Amend R307-110- 10. Section IX. Control Measures for Area and

Point Sources, Part A, Fine Particulate Matt er; and Amend R307-110-17. Section IX, Control

Measures for Area and Point Sources, Part H, Emi ssions Limits. Presented by Ryan Stephens.

Ryan Stephens, Environmental Pla nning Consultant at DAQ, stated that these rules will incorporate

the SIP revisions that were just proposed into the Utah Air Quality Rules today by the Board. Staff

recommends that the Board propose R307-110-10 and R307-110-17 for public comment.

● Robert Paine moved that the Board propose for public comment to amend R307-110-10,

Section IX and R307-110-17, Section IX. Kerry Kelly seconded. The Board approved

unanimously.

XIV. Propose for Public Comment: New Rule R307-104. Conflict of Interest. Presented by Ryan

Stephens.

Ryan Stephens, Environmental Pla nning Consultant at DAQ, stated that this rule was proposed in

response to EPA’s partial disapproval of the DAQ’s infrastructure SIP for PM 2.5 . The disapproval was

based on the fact that Utah no longer had a rule or statute that complied with Section 128(a)(2) of the

Clean Air Act (CAA). The rule provides an enforcea ble requirement that any potential conflicts of

interests by the head of an execu tive agency are disclosed, thus, satisfying Section 128 of the CAA.

This rule is just incorporating a statute that we had. The DAQ has worked with EPA and Utah’s

Attorney General’s office to develop this rule. So that EPA could approve our SIP, EPA wanted a

specific rule in Section 128 of our air quality rul es addressing this issue. Staff recommends that the

Board propose new rule R307-104, Conflict of Interest, for public comment.

● Arnold Reitze moved that the Board propose new rule R307-104, Conflict of Interest, for

public comment. Erin Mendenhall seconded. The Board approved unanimously.

XV. Propose for Public Comment: Amend R307-101. General Requirements; R307-102. General

Requirements: Broadly Applicable Requirements; R307-150. Emission Inventories; R307-201.

Emission Standards: General Em ission Standards; R307-206. Emission Standards: Abrasive

Blasting; R307-303. Commercial Cooking; R307-305. Nonattainment and Maintenance Areas

for PM10: Emission Standards; R307-306. PM10 Nonattainment and Maintenance Areas:

Abrasive Blasting; R307-401. Permit: New and Modified Sources; R307-410. Permits:

Emissions Impact Analysis; R307-415. Permit: Op erating Permit Requirements. Presented by

Ryan Stephens.

Ryan Stephens, Environmental Planning Consultant at DAQ, stated that these rule amendments are in

response to House Bill 229, which revised several ai r quality related terms in the Utah Code. This

proposed rule amends the current air quality rules so that they reflect the ch anges made to the Utah

Code. The amendments create consistency across state regulations, state statutes, and the CAA.

Staff recommends that the Board propose these rules for public comment.

● Robert Paine moved that the Board propose for public comment to amend R307-101, R307-

102, R307-150, R307-201, R307-206, R307-3 03, R307-305, R307-306, R307-401, R307-

410, and R307-415. Kerry Kelly seconded . The Board approved unanimously.Air Quality Board September 2, 2015 Page 8 of 9 Afterwards, a correction to one of the rules was s uggested. In discussion, it was decided that since it

was a non-technical correction that the best way to handle this and other corrections would be during

the public comment period.

XVI. Propose for Public Comment with Department Fee Schedule: Operating Permit Program Fee

for Fiscal Year 2017. Presented by David Beatty.

David Beatty, Operating Permits Section Manager at DAQ, stated that each year an annual emissions

fee to fund the operating permits program is estab lished. For fiscal year 2017 DAQ is proposing a

fee of $74.37 per ton of emissions, which is a $4. 76 increase. The increase is due to the increased

salary and benefits to staff as part of the legisla tive approved wage increases last year. Additionally,

we are increasing the direct cost for ongoing re placement of existing monitoring network equipment

that has exceeded its useful life. Staff reco mmends that the Board submit the $74.37 per ton of

emissions for the fiscal year 2017 operating permit fe e as part of the Department’s fee package.

In response to a question from Kathy Van Dame of Breathe Utah about why there is not a different

value for hazardous air pollutants than for the crite ria pollutants, staff responded that the fee as it

currently reads in statute is that it needs to be a single fee for all regulated pollutants under Title V.

DAQ did attempt to gain a sponsor during the last legi slative session but it did not pass. It will need

to be a legislative change to allow DAQ to est ablish different fees for different pollutants.

● Erin Mendenhall moved that the Board approve for public comment the operating permit fee

with the Department fee schedule for fiscal y ear 2017. Arnold Reitze seconded. The Board

approved unanimously.

XVII. R.N. Industries Incorporated Early Settl ement Agreement. Presented by Rusty Ruby.

Rusty Ruby, Compliance Branch Manager at DAQ, st ated that in accordance with Utah Code 19-2-

104(3)(b)(i), this item is provided to the Board fo r review since the penalty exceeds $25,000. R.N.

Industries Incorporated operates the Bluebell Disposal Facility, an oil fuel disposal service with waste

water evaporation ponds, located near Duchesne, Ut ah. In July 2013 R.N. Industries Incorporated

submitted a voluntary self-disclosure for operating their evaporation ponds without an approval order.

On August 23, 2013, the DAQ sent R.N. Industries In corporated a compliance advisory for failing to

submit a notice of intent and receive an approval or der prior to construction based on information in

the self-disclosure. DAQ and R.N. Industries Incor porated have negotiated an early settlement of

$84,000. Of that amount, $42,000 will be deferred for two years. If R.N. Industries Incorporated

does not have any violations in those two years, that amount will be waived. The remaining $42,000

will be paid in $3,500 in crements, with the first payment due w ithin 20 business days of the date of

the Board’s approval of this settlement. The remaining penalty is to be paid within 30 days from the

previous payment for the following 11 months. R.N. Industries Incorporated has agreed to the terms

and conditions of the agreement a nd has submitted a signed copy to DAQ. Staff recommends that the

Board approve the penalty amount a nd the early settlement offer.

In discussion, a scenario was presented that by ma king payments late it will allow R.N. Industries

Incorporated additional time to make their paymen ts for the following 11 months. Staff responded

that it will not. If the first payment is not paid w ithin 20 days of the Board’s approval and within 30Air Quality Board September 2, 2015 Page 9 of 9 days for the following 11 months, they will be in violation of the settlement agreement. R.N.

Industries Incorporated will then owe the additional $42,000 that was deferred for two years and to be

waived if they do not violate the settlement.

● Arnold Reitze moved that the Board approve R.N. Industries Incorporated’s penalty amount

and early settlement offer. Robert Paine seconded. The Board approved unanimously.

Erin Mendenhall exits the meeting.

XVIII. Informational Items.

Mr. Sands introduced Bill Stringer, Uintah Count y Commissioner, as the recommended replacement

for government representative not with the fede ral government vacancy on the Board. His

nomination will be presented at a Senate c onfirmation meeting on October 21, 2015.

A. Air Toxics. Presented by Robert Ford.

B. Compliance. Presented by Ja y Morris and Harold Burge.

C. Monitoring. Presented by Bo Call.

Bo Call, Monitoring Section Manager at DAQ, updated the Board on the monitoring data

charts.

D. Other Items to be Brought Before the Board.

An inquiry was made as to what needs to be done to establish a field office in the Uinta Basin. In

response, staff states that DAQ is working with the county to identify office space and hiring of staff

that would live in the area. Such a field office can be a challenge and a resource drain. This would

need to be part of the overall budget planning process. It would not be until July 2016 when

appropriations would identify any funding available for a field office in the Uinta Basin.

______________________________________________________________________________________ Meeting adjourned at 3:09 p.m.

# ITEM 4

### State of Utah

GARY R. HERBERT

Governor

SPENCER J. COX

Lieutenant Governor 

### Department of

Environmental Quality

A lan Matheson

Executive Director

DIVISION OF AIR QUALITY

Bryce C. Bird

Director

DAQ

- 0 6 1

- 15

M E M O R A N D U M

TO: Air Quality Board

THROUGH: Bryce C. Bird, Executive Secretary

FROM: Jay Baker, Environmental Scientist

DATE: September 23 , 2015

SUBJECT: FINAL ADOPTION: Section XX

. Part N

. Enforceable Commitments for the Utah

Regional Haze SIP.

______________________________________________________________________________________

EPA's ability to approve the recently submitted Alternative to Bart Regional Haze State Implementation

Plan (SIP) is contingent on the submittal to the EPA of enforceable commitments for the SIP. On July 27,

2015

, the Board proposed for public comment enforceable commitments that certified that Utah would

continue to take credit for sulfur dioxide ( SO 2 ) emission reductions from the Carbon Plant c losure in the

recently adopted Alternative to Bart Regional Haze SIP, but would not take credit for those SO 2 reductions

in the annual Regional Haze SO 2 Milestone Report as required in the original Section 309 Regional Haze

SIP. This approach ensures that SO 2 emissions reductions from the Carbon Power Plant closure are not

double counted in the Regional Haze SIP.

A public comment period was held from August 15 to September 15 , 2015

. During the public comment

period, we received comments from the EPA an d various conservation organizations. Please see the

attached document for a summary of the comments and responses.

Staff Recommendation : Staff recommends that the Board adopt the attached SIP Section XX, Part N,

Enforceable Commitments for the Utah R egional Haze SIP.

195 North 1950 West • Salt Lake City, U tah

Mailing Address: P.O. Box 1448 2 0 • Salt Lake City, U tah 84114

- 48 2 0

Telephone (801) 53 6

- 4 0 00 • Fax (801 ) 536

- 4099 • T.D.D. (801) 903

- 3978

www.deq.utah.gov

Printed on 100% recycled paper

### N

. ENFORCEABLE COMMITMENTS FOR THE UTAH REGIONAL HAZE SIP.

Utah has found that , in order to ensure that certain emissions reductions are not double counted

and that the Regional Haze SIP is enforceable as a practical matter, circumstances warrant

creation of an enforceable commitment SIP. The intent of this section is to meet section s 110

,

169 A , and 169 B of the Clean Air Act , and to ensure that the EPA can approve the Regional Haze

SIP

. EPA applies three factors when determin ing whether to approve an enforceable

commitment: (1) whether the commitment addresses a limited portion of the statutorily

- required

program; (2) whether the state is capable of fulfilling its commitment; and (3) whether the

commitment is for a reasonable and appropriate period of time. Once approved as part of this

SIP

, these commitments are enforceable by both EPA and citizens under the Clean Air Act. Utah

therefore commits to the following:

1. In Section D.6.c of this plan

, Carbon Units 1 and 2 are required to will be shut down. As

of April 14, 2015

, the plant s ceased operation. This enforceable shutdown will result ed in

SO 2 reduction s of 3,388 tons/year from Unit 1 and 4,617 tons / year from Unit 2, resulting

in a total of 8,005 tons / year

. T he resulting combined annual emissions of NOx, SO 2 , and

PM will be 2,876 tons lower than the alternative Better than BART most stringent

controls

. Simultaneously, a s part of the annual m ilestone r eports required by the Utah SIP

and Section 309 of the Federal Regional Haze Rule (40 CFR Part 51)

, Utah tracks SO 2

emissions from applicable stationary sources and compares those to milestones set in the

initial Utah 309 plan. If the 8,005 tons/y ear were removed in subsequent milestone

reports

, the State would be counting the reductions obtained from closure of the Carbon

units twice. The State commits to resolving this double counting issue by revising the

Utah 309 plan to specifically state that the 8,005 tons of SO 2 emissions from the Carbon

units will be added into the annual milestone reports from 2016 through the life of the

backstop trading program, thereby removing any credit for that emissions reduction in

meeting the levels specified in the Utah 309 plan

.

2. This SIP is limited to addressing the SO 2 emissions from the Carbon units only

.

Emissions reductions in th e Alternative to BART SIP include SO 2 and NOx reductions

from the Hunter, Huntington, and Carbon Units. The total reduction in SO 2 and NOx

is These emissions are a small part of the overall 42,016 tons of emissions reductions

from SO 2 and NOx

. These commitments only address the 8,005 tons of SO 2 from the

Carbon Units. Thus

, the amount of the reduction is limited to 8,005 tons. The R egional

Haze SO 2 milestone for 2018 is 141,849 tons. As reported in the 2013 Regional SO 2

Emissions and Milestone Report, t he average adjusted SO 2 emissions for 2011, 2012, and

2013 are 105,402 tons . Without counting the reductions from the Carbon facility, the

region has already achieved the 2018 milestone.3. 40 CFR 51.309 sets forth emissions inventory requirements for tracking compliance with

the SO 2 milestones. SIP Section XX.D.3.c and Rule 307

- 150 specify the mechanism used

to implement this tracking requirement in Utah, and require all stationary sources with

actual emissions of 100 tons / year or more of SO 2 in the year 2000 or in any subsequent

year to submit an annual inventory of SO 2 emi ssions, beginning with the 2003 emission

inventory

. A source that meets these criteria and then emits less than 100 tons / year in a

later year must continue to submit an SO 2 inventory for tracking compliance with the

regional SO 2 milestones until 2018. As n ecessary, SIP Section XX.D.3.c and R307

- 150

will be revised to supplement Utah’s inventory requirements and to satisfy the needs of

this these enforceable C c ommit ment s SIP

. Other applicable provisions that may be

identified in the future will be amended as well

.

4. Utah will resolve the double

- counting issue by including the 8,005 tons of SO 2 emissions

from the Carbon Power Plants in each required annual Section 309 Milestone Report

from 2016 through the life of the backstop trading program

. All required amendments to

this SIP will be done through the State ’s SIP adoption process. The SIP is adopted by the

Governor

- appointed Air Quality Board through a rulemaking process that includes public

comment periods and an opportunity for a public hea ring

.

5. Utah will subm it an approvable SIP revision to EPA, along with any supporting

document(s) by March 2018 to allow EPA to take final action before the end of the

milestone commitment. Additionally, Utah will include the 8,005 tons/year of SO 2

emissio ns reported by the Carbon units in the annual report of SO 2 emissions used to

trigger the backstop trading program.

6. Utah will work with EPA and take appropriate action to resolve any completeness or

approvability issues that arise regarding the proposed S IP revision by March 2018

.1 

# Response to Comments

1. [EPA] Paragraph N .1: There appears to be a typographical error in the third

sentence which should read, "The resulting combined annual emissions of NOx, S02

and PM will be 2,876 tons lower than the most stringent BART controls."

Response: The error is corrected in the version proposed for adoption.

2. [EPA] Paragraph N.2: Please explain in more detail how these commitments address

limited portions in each of the required SIP programs, including a basis for

characterizing the amounts as limited. Additionally, please explain the derivation of

any emissions figures referenced. For example, it is unclear how the figure of 42,016

tons of S0 2 and NOx emissions reductions was derived.

Response: Emissions reductions in the Alternative to BART SIP include SO2 and NOx

reductions from the Hunter, Huntington, and Carbon Units. The total reduction in SO2

and NOx is 42,016 tons. These commitments only address the 8,005 tons of SO2 from the

Carbon Units. The Regional Haze SO2 milestone for 2018 is 141,849 tons. As reported in

the 2013 Regional SO2 Emissions and Milestone Report, the average adjusted SO2

emissions for 2011, 2012, and 2013 are 105,402 tons. Without counting the reductions

from the Carbon facility, the region is already well below the 2018 milestone.

3. [HEAL Utah, National Parks Conservation Association, Sierra Club, Powder River Basin

Resource Council, and San Juan Citizens Alliance (hereinafter Conservation

Organizations)] The Enforceable Commitment erroneously assumes that the RH SIP

will effectuate SO2 reductions at the Carb on plant. Utah’s proposed SIP incorrectly

states, “In Section D.6.c of this plan, Carbon Units 1 and 2 will be shut down.”2 This

statement erroneously conveys that the Carbon Units are still operating and Utah’s

regional haze SIP will mandate closure of the plant. This statement is factually

incorrect because the Carbon Units ceased operation as of April 15, 2015 and are

currently being dismantled. PacifiCorp, the owner of the Carbon Units, decided

years ago to retire these units rather than retrofit the plant to comply with the

mercury and air toxics (MATS) rule. Thus, the Carbon unit retirements have already

occurred and were never a component of Utah’s regional haze SIP until after the

units ceased operation.

Response: Section D.6.c of the Regional Haze SI P created an enforceable requirement

for the shutdown of the Carbon Units. While the federal Mercury and Air Toxics (MATS)

Rule may have created an additional incentive to retire the plant, it did not specifically

require it, and the Supreme Court stay on the rule could have allowed the plant to

continue operation until the final MATS Rule is in place. Including the Carbon Plants in

the Regional Haze SIP ensured that the retirement plans would be permanent and2 enforceable, regardless of legal status of the MATS Rule. The language in the

Enforceable Commitments has been changed to reflect that the Carbon Units are no

longer operating.

4. [Conservation Organizations] UDAQ is impermissibly attempting to fit a square peg in

a round hole. Utah’s proposed Enforceabl e Commitment (EC) SIP states that its

purpose is to “ensure[s] that SO2 emissions reductions from the Carbon power plant

closure are not double counted in the Regional Haze SIP.” However, the EC SIP fails

to address the fundamental issue of whether the SO2 emissions from the Carbon

units should be counted at all in its NOx/PM regional haze SIP.

Response: It is not the purpose of the Enforcea ble Commitments to address whether the

SO2 emissions from the Carbon units should be counted in the regional haze SIP. As

stated, the only purpose is to resolve the issu e of double counting the Carbon emissions.

5. [Conservation Organizations] UDAQ’s proposed post-hoc amendment of its SO2 RH

SIP would undermine the legal justification for EPA’s approval of that SIP. Utah

proposes to amend its SO2 RH SIP by somehow extracting the previously relied upon

Carbon plant SO2 reductions and apply these reductions to its NOx/PM BART SIP for

Hunter and Huntington. But Utah’s proposal would effectively undermine EPA’s legal

justification for approving the Section 309 alternative program. Having touted the

309 Program’s ability to garner SO2 emission reductions from “smaller, non-BART

sources” such as the Carbon Plant, Utah may not now extract such sources from the

program without nullifying its previous “better than BART” determination and the

legal underpinnings for the 309 Program approval.

Further, if Utah’s proposed omission of the Carbon Plant from the 309 Program were

permissible, there would be nothing to stop Utah and the other states participating

in the Program from removing other “smaller, non-BART sources” from the Program.

The result would strip the 309 Program of its justification under the Regional Haze

regulations. Such maneuverings would also undermine the essence of the regional

haze program to compel reasonable progress towards clear skies and place

achievement of the natural conditions goal out of reach.

Response: The 309 Program did not rely on reductions from the Carbon Plant and the

Hunter 3 Unit as stated in staff’s response to comments and the Staff Review for the

recently submitted SIP. In fact, that same response states that “emission reductions

from the Carbon Plant and Hunter 3 were not necessary for other states to meet their

reasonable progress goals and therefore provide an added benefit.” Removing sources

that were relied upon from the Program is not allowed. This Enforceable Commitment is

limited to emissions from the closure of the Carbon Units. That is a new requirement in

the latest revision of Utah’s Regional Haze SIP and will pre-date any requirements that

may come out in a future MATS Rule.3 6. [Conservation Organizations] EPA’s Regi onal Haze Regulations prohibit Utah’s

proposed emission reduction accounting proposal. Section 309 of the Regional

Haze regulations establishes the rules for the accounting of SO2 emissions under the

SO2 Backstop Trading Program. 40 C.F.R. §51.309. More specifically, the regional

haze regulations state that Utah’s 309 plan “must include provisions requiring the

monitoring, recordkeeping, and annual reporting of actual stationary source SO2

emissions within the State.” 40 C.F.R. §51.309(d)(4)(iii). Utah’s proposed EC SIP would

violate this provision by arbitrarily including over 8,000 tons of SO2 emissions from the

Carbon plant in future inventory reports, when in fact the actual emissions from the

Carbon plant from 2016-2018 will be zero.

Response: Comparing the reported emissions with the milestone would not allow the

monitoring, recordkeeping, and reporting data to be sufficient to determine annually

whether the milestone for each year through 2018 is achieved. 40 CFR §51.309(d)(4)(iii).

Additionally, the approved Utah 309 SIP re quires each milestone report to include

actual regional sulfur dioxide emissions in tons per year and adjustments to account for

changes in emission monitoring or calculation methods. We can report zero actual

emissions for the Carbon Plant in the milestone reports then adjust it to reflect a change

in the calculation method so that the reductions are not accounted for twice. This will

result in a much more conservative comparison of present day emissions to projected

emissions in the Regional Haze SIP.

7. [Conservation Organizations] UDAQ’s delay until March 2018 to revise its SIPs is

arbitrary and capricious. Utah’s proposed EC SIP purports to resolve the “double

counting” of SO2 emission reductions from the Carbon plant in both the Utah RH

SO2 SIP and the EPA pending RH NOx/PM SIP. However, Utah’s proposed EC SIP fails

to resolve anything but instead unlawfully delays agency action until 2018, at the

soonest.

Response: The Milestone program will end in 2018, the same time as the end of the

current Regional Haze planning period as dete rmined by the EPA. Utah is committed to

resolving the double counting issue before March 2018 so that it is completed before

the conclusion of the Milestone program. While the SIP amendment may not occur

immediately, the Enforceable Commitment ensures that emissions are accurately

counted immediately.

8. [Conservation Organizations] UDAQ’s EC SIP amendments create irreconcilable

accounting methodologies among the three-state Western Backstop Trading

Program. All states in the Western Backstop Trading Program must use the same

inventory methodology. Indeed, Section 309 specifically recognizes that, “...all

States in the program [must] use the same methodology.” 40 C.F.R. §51.309(d)(4)(i).

While Utah’s EC SIP makes vague promises to resolve its SIP discrepancies by 2018, it

fails to mandate similar changes to the Wyoming and New Mexico SO2 SIPs. Nothing4 in the Utah EC SIP prevents Wyoming an d New Mexico from counting the Carbon

SO2 emission reductions in their future annual milestone reports.

Response: Section 309 specifically recognizes that “ During the first two years of the

program , compliance with the milestones may be measured by a methodology of the

States' choosing, so long as all States in the program use the same methodology.”

(Emphasis added) 40 CFR §51.309(d)(4)(i). Be cause each state’s em issions are reported

separately and then compiled for the milestone report, other states cannot count

emissions reductions from Utah as part of their inventory. Utah’s adjustment will not

affect the other states’ reporting for their own emissions, but will impact the total

emissions reported to EPA.

# ITEM 5

### State of Utah

GARY R. HERBERT

Governor

SPENCER J. COX

Lieutenant Governor 

### Department of

Environmental Quality

A lan Matheson

Executive Director

DIVISION OF AIR QUALIT Y

Bryce C. Bird

Director

DAQ

- 05 8

- 15

M E M O R A N D U M

TO: Air Quality Board

THROUGH: Bryce C. Bird, Executive Secretary

FROM: Ryan Stephens, Environmental Planning Consultant

DATE: September 23 , 2015

SUBJECT: FINAL ADOPTION: Amend R307

- 110

- 28. Regional Haze.

______________________________________________________________________________________

On July 27, 2015, the Board proposed amendments to R307

- 110

- 28 to incorporate by reference the newest

version of the State Implementation Plan (SIP) for Regional Haze. A 30

- day public comment period was

held from August 15 to September 14, 2015. No comments were submitted regarding incorporating the

SIP into the rules and no public hearing was requested.

Staff Recommendation : Staff recommends that the Board adopt the am endments to R307

- 110

- 28.

195 North 1950 West • Salt Lake City, U tah

Mailing Address: P.O. Box 1448 2 0 • Salt Lake City, U tah 84114

- 48 2 0

Telephone (801) 53 6

- 4 0 00 • Fax (801 ) 536

- 4099 • T.D.D. (801) 9 03

- 3978

www.deq.utah.gov

Printed on 100% recycled paperR307

- 110

- 28 September 23 , 2015 Pa ge 1 of 1

**R307. Environmental Quality, Air Quality.** 1

**R307**

**- 110. General Requirements: State Implementation Plan.**  2

**R307**

**- 110** 

**- 28. Regional Haze.**  3

The Utah State Implementation Plan, Section XX, Regional 4

Haze, as most recently amended by the Utah Air Quality Board on 5

[ September xx ] October 7 , 2015, pursuant to Section 19

- 2

- 104, is 6

hereby incorporated by reference and made a part of these rules. 7

8

**KEY: air pollution, PM10, PM2.5, ozone**  9

**Date of Enactment or Last Substantive Amendment: 2015** 10

**Notice of Continuation: February 1, 2012** 11

**Authorizing, and Implemented or Interpreted Law: 19**

**- 2** 

**- 104(3)(e)**  12

# ITEM 6

### State of Utah

G ARY R. HERBERT

Governor

SPENCER J. COX

Lieutenant Governor 

### Department of

Environmental Quality

A lan Matheson

Executive Director

DIVISION OF AIR QUALITY

Bryce C. Bird

Director

DAQ

- 056

- 15

M E M O R A N D U M

TO: Air Quality Board

THROUGH: Bryce C. Bird, Executive Secretary

FROM: Joel Karmazyn, Environmental Scientist

DATE: September 23, 2015

SUBJECT: PROPOSE FOR PUBLIC COMMENT: Amend R307

- 101

- 2. Definitions; R307

- 312

- 5

. Hot Mix Asphalt Plants; and R307

- 328

- 4. Loading of Tank Trucks, Trailers, Railroad

Tank Cars, and Other Transport Vehicles.

______________________________________________________________________________________ On August 25, 2015, the EPA proposed co nditional approval of sections of Utah’s PM 2.5 State

Implementation Plan (SIP). As a condition for approving the SIP, EPA is requiring the state to amend

R307

- 101

- 2, R307

- 312

- 5, and R307

- 328

- 4. The state sent a letter to the EPA on August 4, 2015, that

c ommitted to revising the SIP. These amendments will satisfy that commitment.

Amendments to R307

- 101

- 2: The definition of PM 2.5 includes a description of all PM 2.5 precursors, with

the exception of ammonia. EPA has requested that we either add ammonia to the definition or remove the

precursors from the definition. Because PM 2.5 precursors are not included in any other part of our rules,

we are proposing to remove the PM 2.5 precursors from the definition of PM 2.5

.

Amendments to R307

- 312

- 5: The rule states that “production shall be determined by scale house records

or equivalent method on a daily basis.” EPA requested three equivalent methods. We are proposing to

replace “equivalent method” with “belt scale records” and “manifests statements.” The rule now provides

three equivalent methods as EPA requested.

Amendments to R307

- 328

- 4: The rule states that gasoline loading shall be performed by “submerged

filling or alternative equivalent methods.” We are proposing to remove “alternative equivalen t methods”

because filling should be performed via submerged delivery to reduce VOC generation.

Staff Recommendation : Staff recommends that the Board propose amendments to R307

- 101

- 2, R307

- 312

- 5, and R307

- 328

- 4 for public comment.

195 North 1950 West • Salt Lake City, U tah

Mailing Address: P.O. Box 1448 2 0 • Salt Lake City, U tah 84114

- 48 2 0

Telephone (801) 53 6

- 4 0 00 • Fax (801 ) 536

- 4099 • T.D.D. (801) 903

- 3978

www.deq.utah.gov

Printed on 100% recycled paperR307

- 101

- 2 September 23 , 2015 Page 1 of 17

**R307. Environmental Quality, Air Quality.** 1

**R307**

**- 101. General Requirements.**  2

**R307**

**- 101** 

**- 2. Definitions.**  3

Except where specified in individual rules, definitions in 4

R307

- 101

- 2 are applicable to all rules adopted by the Air Quality 5

Board. 6

"Actual Emissions" means the actual rate of emissions of a 7

pollutant from an emissions unit determined as follows: 8

(1) In general, actual emissions as of a particular date 9

shall equal the average rate, in tons per year, at which the unit 10

actually emitted the pollutant during a two

- year period which 11

precedes the particular date and which is representative of normal 12

source operations. The director shall allow the use of a 13

different time period upon a determination that it is more 14

representative of normal source operation. Actual emissions shall 15

be calculated using the unit's actual operating hours, production 16

rates, and types of materials processed, stored, or combusted 17

during the selected time period. 18

(2) The director may presume that source

- specific allowable 19

emissions for the unit are equivalent to the actual emissions of 20

the unit. 21

(3) For any emission unit, other than an electric utility 22

steam generating unit specified in (4), which has not begun normal 23

operations on the particular date, actual emissions shall equal 24

the potential to emit of the unit on that date. 25

(4) For an electric utility steam generating unit (other 26

than a new unit or the replacement of an existing unit) actual 27

emissions of the unit following t he physical or operational change 28

shall equal the representative actual annual emissions of the 29

unit, provided the source owner or operator maintains and submits 30

to the director, on an annual basis for a period of 5 years from 31

the date the unit resumes reg ular operation, information 32

demonstrating that the physical or operational change did not 33

result in an emissions increase. A longer period, not to exceed 34

10 years, may be required by the director if the director 35

determines such a period to be more represe ntative of normal 36

source post

- change operations. 37

"Acute Hazardous Air Pollutant" means any noncarcinogenic 38

hazardous air pollutant for which a threshold limit value

- 39

ceiling (TLV

- C) has been adopted by the American Conference of 40

Governmental Industrial H ygienists (ACGIH) in its "Threshold Limit 41

Values for Chemical Substances and Physical Agents and Biological 42

Exposure Indices, (2009)." 43

"Air Contaminant" means any particulate matter or any gas, 44

vapor, suspended solid or any combination of them, excluding steam 45

and water vapors (Section 19

- 2

- 102(1)). 46

"Air Contaminant Source" means any and all sources of 47R307

- 101

- 2 September 23 , 2015 Page 2 of 17

emission of air contaminants whether privately or publicly owned 1

or operated (Section 19

- 2

- 102(2)). 2

"Air Pollution" means the presence in the ambient air of one 3

or more air contaminants in such quantities and duration and under 4

conditions and circumstances, as is or tends to be injurious to 5

human health or welfare, animal or plant life, or property, or 6

would unreasonably interfere with the enjoyment of life or use of 7

property as determined by the standards, rules and regulations 8

adopted by the Air Quality Board (Section 19

- 2

- 104). 9

"Allowable Emissions" means the emission rate of a source 10

calculated using the maximum rated capacity of the source (unless 11

the source is subject to enforceable limits which restrict the 12

operating rate, or hours of operation, or both) and the emission 13

limitation established pursuant to R307

- 401

- 8. 14

"Ambient Air" means the surrounding or outside air (Section 15

19

- 2

- 102(4)). 16

"Appropriate Authority" means the governing body of any city, 17

town or county. 18

"Atmosphere" means the air that envelops or surrounds the 19

earth and includes all space outside of buildings, stacks or 20

exterior ducts. 21

"Authorized Local Authority" means a city , county, city

22

county or district health department; a city, county or 23

combination fire department; or other local agency duly designated 24

by appropriate authority, with approval of the state Department of 25

Health; and other lawfully adopted ordinances, code s or 26

regulations not in conflict therewith. 27

"Board" means Air Quality Board. See Section 19

- 2

- 102(8)(a). 28

"Breakdown" means any malfunction or procedural error, to 29

include but not limited to any malfunction or procedural error 30

during start

- up and shutdow n, which will result in the 31

inoperability or sudden loss of performance of the control 32

equipment or process equipment causing emissions in excess of 33

those allowed by approval order or Title R307. 34

"BTU" means British Thermal Unit, the quantity of heat 35

nece ssary to raise the temperature of one pound of water one 36

degree Fahrenheit. 37

"Calibration Drift" means the change in the instrument meter 38

readout over a stated period of time of normal continuous 39

operation when the VOC concentration at the time of measurem ent is 40

the same known upscale value. 41

"Carbon Adsorption System" means a device containing 42

adsorbent material (e.g., activated carbon, aluminum, silica gel), 43

an inlet and outlet for exhaust gases, and a system for the proper 44

disposal or reuse of all VOC ad sorbed. 45

"Carcinogenic Hazardous Air Pollutant" means any hazardous 46

air pollutant that is classified as a known human carcinogen (A1) 47R307

- 101

- 2 September 23 , 2015 Page 3 of 17

or suspected human carcinogen (A2) by the American Conference of 1

Governmental Industrial Hygienists (ACGIH) in its "Thresh old Limit 2

Values for Chemical Substances and Physical Agents and Biological 3

Exposure Indices, (2009)." 4

"Chargeable Pollutant" means any regulated air pollutant 5

except the following: 6

(1) Carbon monoxide; 7

(2) Any pollutant that is a regulated air pollut ant solely 8

because it is a Class I or II substance subject to a standard 9

promulgated or established by Title VI of the Act, Stratospheric 10

Ozone Protection; 11

(3) Any pollutant that is a regulated air pollutant solely 12

because it is subject to a standard or regulation under Section 13

112(r) of the Act, Prevention of Accidental Releases. 14

"Chronic Hazardous Air Pollutant" means any noncarcinogenic 15

hazardous air pollutant for which a threshold limit value

- time 16

weighted average (TLV

- TWA) having no threshold limi t value

- 17

ceiling (TLV

- C) has been adopted by the American Conference of 18

Governmental Industrial Hygienists (ACGIH) in its "Threshold Limit 19

Values for Chemical Substances and Physical Agents and Biological 20

Exposure Indices, (2009)." 21

"Clean Air Act" means federal Clean Air Act as amended in 22

1990. 23

"Clean Coal Technology" means any technology, including 24

technologies applied at the precombustion, combustion, or post 25

combustion stage, at a new or existing facility which will achieve 26

significant reductions in a ir emissions of sulfur dioxide or 27

oxides of nitrogen associated with the utilization of coal in the 28

generation of electricity, or process steam which was not in 29

widespread use as of November 15, 1990. 30

"Clean Coal Technology Demonstration Project" means a project 31

using funds appropriated under the heading "Department of Energy

32

Clean Coal Technology," up to a total amount of $2,500,000,000 for 33

commercial demonstration of clean coal technology, or similar 34

projects funded through appropriations for the Environ mental 35

Protection Agency. The Federal contribution for a qualifying 36

project shall be at least 20 percent of the total cost of the 37

demonstration project. 38

"Clearing Index" means an indicator of the predicted rate of 39

clearance of ground level pollutants fro m a given area. This 40

number is provided by the National Weather Service. 41

"Commence" as applied to construction of a major source or 42

major modification means that the owner or operator has all 43

necessary pre

- construction approvals or permits and either has : 44

(1) Begun, or caused to begin, a continuous program of 45

actual on

- site construction of the source, to be completed within 46

a reasonable time; or 47R307

- 101

- 2 September 23 , 2015 Page 4 of 17

(2) Entered into binding agreements or contractual 1

obligations, which cannot be canceled or modified withou t 2

substantial loss to the owner or operator, to undertake a program 3

of actual construction of the source to be completed within a 4

reasonable time. 5

"Condensable PM2.5" means material that is vapor phase at 6

stack conditions, but which condenses and/or react s upon cooling 7

and dilution in the ambient air to form solid or liquid 8

particulate matter immediately after discharge from the stack. 9

"Compliance Schedule" means a schedule of events, by date, 10

which will result in compliance with these regulations. 11

"Cons truction" means any physical change or change in the 12

method of operation including fabrication, erection, installation, 13

demolition, or modification of a source which would result in a 14

change in actual emissions. 15

"Control Apparatus" means any device which prevents or 16

controls the emission of any air contaminant directly or 17

indirectly into the outdoor atmosphere. 18

"Department" means Utah State Department of Environmental 19

Quality. See Section 19

- 1

- 103(1). 20

"Director" means the Director of the Division of Air Quality. 21

See Section 19

- 1

- 103(1). 22

"Division" means the Division of Air Quality. 23

"Electric Utility Steam Generating Unit" means any steam 24

electric generating unit that is constructed for the purpose of 25

supplying more than one

- third of its potential electric output 26

capacity and more than 25 MW electrical output to any utility 27

power distribution system for sale. Any steam supplied to a steam 28

distribution system for the purpose of providing steam to a steam

29

electric generator that woul d produce electrical energy for sale 30

is also considered in determining the electrical energy output 31

capacity of the affected facility. 32

"Emission" means the act of discharge into the atmosphere of 33

an air contaminant or an effluent which contains or may con tain an 34

air contaminant; or the effluent so discharged into the 35

atmosphere. 36

"Emissions Information" means, with reference to any source 37

operation, equipment or control apparatus: 38

(1) Information necessary to determine the identity, amount, 39

frequency, co ncentration, or other characteristics related to air 40

quality of any air contaminant which has been emitted by the 41

source operation, equipment, or control apparatus; 42

(2) Information necessary to determine the identity, amount, 43

frequency, concentration, or other characteristics (to the extent 44

related to air quality) of any air contaminant which, under an 45

applicable standard or limitation, the source operation was 46

authorized to emit (including, to the extent necessary for such 47R307

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purposes, a description of the manner or rate of operation of the 1

source operation), or any combination of the foregoing; and 2

(3) A general description of the location and/or nature of 3

the source operation to the extent necessary to identify the 4

source operation and to distinguish it from other source 5

operations (including, to the extent necessary for such purposes, 6

a description of the device, installation, or operation 7

constituting the source operation). 8

"Emission Limitation" means a requirement established by the 9

Board, the directo r or the Administrator, EPA, which limits the 10

quantity, rate or concentration of emission of air pollutants on a 11

continuous emission reduction including any requirement relating 12

to the operation or maintenance of a source to assure continuous 13

emission redu ction (Section 302(k)). 14

"Emissions Unit" means any part of a stationary source which 15

emits or would have the potential to emit any pollutant subject to 16

regulation under the Clean Air Act. 17

"Enforceable" means all limitations and conditions which are 18

enfor ceable by the Administrator, including those requirements 19

developed pursuant to 40 CFR Parts 60 and 61, requirements within 20

the State Implementation Plan and R307, any permit requirements 21

established pursuant to 40 CFR 52.21 or R307

- 401. 22

"EPA" means Envir onmental Protection Agency. 23

"EPA Method 9" means 40 CFR Part 60, Appendix A, Method 9, 24

"Visual Determination of Opacity of Emissions from Stationary 25

Sources," and Alternate 1, "Determination of the opacity of 26

emissions from stationary sources remotely by LIDAR." 27

"Executive Director" means the Executive Director of the Utah 28

Department of Environmental Quality. See Section 19

- 1

- 103(2). 29

"Existing Installation" means an installation, construction 30

of which began prior to the effective date of any regulation 31

having application to it. 32

"Facility" means machinery, equipment, structures of any part 33

or accessories thereof, installed or acquired for the primary 34

purpose of controlling or disposing of air pollution. It does not 35

include an air conditioner, fan or oth er similar device for the 36

comfort of personnel. 37

"Filterable PM2.5" means particles with an aerodynamic 38

diameter equal to or less than 2.5 micrometers that are directly 39

emitted by a source as a solid or liquid at stack or release 40

conditions and can be capt ured on the filter of a stack test 41

train. 42

"Fireplace" means all devices both masonry or factory built 43

units (free standing fireplaces) with a hearth, fire chamber or 44

similarly prepared device connected to a chimney which provides 45

the operator with little control of combustion air, leaving its 46

fire chamber fully or at least partially open to the room. 47R307

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Fireplaces include those devices with circulating systems, heat 1

exchangers, or draft reducing doors with a net thermal efficiency 2

of no greater than twenty p ercent and are used for aesthetic 3

purposes. 4

"Fugitive Dust" means particulate, composed of soil and/or 5

industrial particulates such as ash, coal, minerals, etc., which 6

becomes airborne because of wind or mechanical disturbance of 7

surfaces. Natural source s of dust and fugitive emissions are not 8

fugitive dust within the meaning of this definition. 9

"Fugitive Emissions" means emissions from an installation or 10

facility which are neither passed through an air cleaning device 11

nor vented through a stack or could not reasonably pass through a 12

stack, chimney, vent, or other functionally equivalent opening. 13

"Garbage" means all putrescible animal and vegetable matter 14

resulting from the handling, preparation, cooking and consumption 15

of food, including wastes attendan t thereto. 16

"Gasoline" means any petroleum distillate, used as a fuel for 17

internal combustion engines, having a Reid vapor pressure of 4 18

pounds or greater. 19

"Hazardous Air Pollutant (HAP)" means any pollutant listed by 20

the EPA as a hazardous air pollutant in conformance with Section 21

112(b) of the Clean Air Act. A list of these pollutants is 22

available at the Division of Air Quality. 23

"Household Waste" means any solid or liquid material normally 24

generated by the family in a residence in the course of ordinar y 25

day

- to

- day living, including but not limited to garbage, paper 26

products, rags, leaves and garden trash. 27

"Incinerator" means a combustion apparatus designed for high 28

temperature operation in which solid, semisolid, liquid, or 29

gaseous combustible wastes a re ignited and burned efficiently and 30

from which the solid and gaseous residues contain little or no 31

combustible material. 32

"Installation" means a discrete process with identifiable 33

emissions which may be part of a larger industrial plant. 34

Pollution equip ment shall not be considered a separate 35

installation or installations. 36

"LPG" means liquified petroleum gas such as propane or 37

butane. 38

"Maintenance Area" means an area that is subject to the 39

provisions of a maintenance plan that is included in the Utah 40

st ate implementation plan, and that has been redesignated by EPA 41

from nonattainment to attainment of any National Ambient Air 42

Quality Standard. 43

(a) The following areas are considered maintenance areas for 44

ozone: 45

(i) Salt Lake County, effective August 18, 1997; and 46

(ii) Davis County, effective August 18, 1997. 47R307

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- 2 September 23 , 2015 Page 7 of 17

(b) The following areas are considered maintenance areas for 1

carbon monoxide: 2

(i) Salt Lake City, effective March 22, 1999; 3

(ii) Ogden City, effective May 8, 2001; and 4

(iii) Provo City, eff ective January 3, 2006. 5

(c) The following areas are considered maintenance areas for 6

PM10: 7

(i) Salt Lake County, effective on the date that EPA 8

approves the maintenance plan that was adopted by the Board on 9

July 6, 2005; and 10

(ii) Utah County, effecti ve on the date that EPA approves 11

the maintenance plan that was adopted by the Board on July 6, 12

2005; and 13

(iii) Ogden City, effective on the date that EPA approves 14

the maintenance plan that was adopted by the Board on July 6, 15

2005. 16

(d) The following are a is considered a maintenance area for 17

sulfur dioxide: all of Salt Lake County and the eastern portion 18

of Tooele County above 5600 feet, effective on the date that EPA 19

approves the maintenance plan that was adopted by the Board on 20

January 5, 2005. 21

"Major Modification" means any physical change in or change 22

in the method of operation of a major source that would result in 23

a significant net emissions increase of any pollutant. A net 24

emissions increase that is significant for volatile organic 25

compounds shal l be considered significant for ozone. Within Salt 26

Lake and Davis Counties or any nonattainment area for ozone, a net 27

emissions increase that is significant for nitrogen oxides shall 28

be considered significant for ozone. Within areas of 29

nonattainment for PM10, a significant net emission increase for 30

any PM10 precursor is also a significant net emission increase for 31

PM10. A physical change or change in the method of operation 32

shall not include: 33

(1) routine maintenance, repair and replacement; 34

(2) use o f an alternative fuel or raw material by reason of 35

an order under section 2(a) and (b) of the Energy Supply and 36

Environmental Coordination Act of 1974, or by reason of a natural 37

gas curtailment plan pursuant to the Federal Power Act; 38

(3) use of an altern ative fuel by reason of an order or rule 39

under section 125 of the federal Clean Air Act; 40

(4) use of an alternative fuel at a steam generating unit to 41

the extent that the fuel is generated from municipal solid waste; 42

(5) use of an alternative fuel or ra w material by a source: 43

(a) which the source was capable of accommodating before 44

January 6, 1975, unless such change would be prohibited under any 45

enforceable permit condition; or 46

(b) which the source is otherwise approved to use; 47R307

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(6) an increase in the hours of operation or in the 1

production rate unless such change would be prohibited under any 2

enforceable permit condition; 3

(7) any change in ownership at a source 4

(8) the addition, replacement or use of a pollution control 5

project at an existing e lectric utility steam generating unit, 6

unless the director determines that such addition, replacement, or 7

use renders the unit less environmentally beneficial, or except: 8

(a) when the director has reason to believe that the 9

pollution control project woul d result in a significant net 10

increase in representative actual annual emissions of any criteria 11

pollutant over levels used for that source in the most recent air 12

quality impact analysis in the area conducted for the purpose of 13

Title I of the Clean Air Act , if any, and 14

(b) the director determines that the increase will cause or 15

contribute to a violation of any national ambient air quality 16

standard or PSD increment, or visibility limitation. 17

(9) the installation, operation, cessation, or removal of a 18

tem porary clean coal technology demonstration project, provided 19

that the project complies with: 20

(a) the Utah State Implementation Plan; and 21

(b) other requirements necessary to attain and maintain the 22

national ambient air quality standards during the proje ct and 23

after it is terminated. 24

"Major Source" means, to the extent provided by the federal 25

Clean Air Act as applicable to R307: 26

(1) any stationary source of air pollutants which emits, or 27

has the potential to emit, one hundred tons per year or mo re of 28

any pollutant subject to regulation under the Clean Air Act; or 29

(a) any source located in a nonattainment area for carbon 30

monoxide which emits, or has the potential to emit, carbon 31

monoxide in the amounts outlined in Section 187 of the federal 32

Clea n Air Act with respect to the severity of the nonattainment 33

area as outlined in Section 187 of the federal Clean Air Act; or 34

(b) any source located in Salt Lake or Davis Counties or in 35

a nonattainment area for ozone which emits, or has the potential 36

to e mit, VOC or nitrogen oxides in the amounts outlined in Section 37

182 of the federal Clean Air Act with respect to the severity of 38

the nonattainment area as outlined in Section 182 of the federal 39

Clean Air Act; or 40

(c) any source located in a nonattainment a rea for PM10 41

which emits, or has the potential to emit, PM10 or any PM10 42

precursor in the amounts outlined in Section 189 of the federal 43

Clean Air Act with respect to the severity of the nonattainment 44

area as outlined in Section 189 of the federal Clean Ai r Act. 45

(2) any physical change that would occur at a source not 46

qualifying under subpart 1 as a major source, if the change would 47R307

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- 2 September 23 , 2015 Page 9 of 17

constitute a major source by itself; 1

(3) the fugitive emissions and fugitive dust of a stationary 2

source shall not be incl uded in determining for any of the 3

purposes of these R307 rules whether it is a major stationary 4

source, unless the source belongs to one of the following 5

categories of stationary sources: 6

(a) Coal cleaning plants (with thermal dryers); 7

(b) Kraft pulp mills; 8

(c) Portland cement plants; 9

(d) Primary zinc smelters; 10

(e) Iron and steel mills; 11

(f) Primary aluminum or reduction plants; 12

(g) Primary copper smelters; 13

(h) Municipal incinerators capable of charging more than 250 14

tons of refuse per day; 15

(i) Hydrofluoric, sulfuric, or nitric acid plants; 16

(j) Petroleum refineries; 17

(k) Lime plants; 18

(l) Phosphate rock processing plants; 19

(m) Coke oven batteries; 20

(n) Sulfur recovery plants; 21

(o) Carbon black plants (furnace process); 22

(p) Primary lead smelters; 23

(q) Fuel conversion plants; 24

(r) Sintering plants; 25

(s) Secondary metal production plants; 26

(t) Chemical process plants; 27

(u) Fossil

- fuel boilers (or combination thereof) totaling 28

more than 250 million British Thermal Units per hour he at input; 29

(v) Petroleum storage and transfer units with a total 30

storage capacity exceeding 300,000 barrels; 31

(w) Taconite ore processing plants; 32

(x) Glass fiber processing plants; 33

(y) Charcoal production plants; 34

(z) Fossil fuel

- fired steam electri c plants of more than 250 35

million British Thermal Units per hour heat input; 36

(aa) Any other stationary source category which, as of 37

August 7, 1980, is being regulated under section 111 or 112 of the 38

federal Clean Air Act. 39

"Modification" means any planne d change in a source which 40

results in a potential increase of emission. 41

"National Ambient Air Quality Standards (NAAQS)" means the 42

allowable concentrations of air pollutants in the ambient air 43

specified by the Federal Government (Title 40, Code of Federal 44

Regulations, Part 50). 45

"Net Emissions Increase" means the amount by which the sum of 46

the following exceeds zero: 47R307

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- 2 September 23 , 2015 Page 10 of 17

(1) any increase in actual emissions from a particular 1

physical change or change in method of operation at a source; and 2

(2) any other in creases and decreases in actual emissions at 3

the source that are contemporaneous with the particular change and 4

are otherwise creditable. For purposes of determining a "net 5

emissions increase": 6

(a) An increase or decrease in actual emissions is 7

contempo raneous with the increase from the particular change only 8

if it occurs between the date five years before construction on 9

the particular change commences; and the date that the increase 10

from the particular change occurs. 11

(b) An increase or decrease in ac tual emissions is 12

creditable only if it has not been relied on in issuing a prior 13

approval for the source which approval is in effect when the 14

increase in actual emissions for the particular change occurs. 15

(c) An increase or decrease in actual emission o f sulfur 16

dioxide, nitrogen oxides or particulate matter which occurs before 17

an applicable minor source baseline date is creditable only if it 18

is required to be considered in calculating the amount of maximum 19

allowable increases remaining available. With r espect to 20

particulate matter, only PM10 emissions will be used to evaluate 21

this increase or decrease. 22

(d) An increase in actual emissions is creditable only to 23

the extent that the new level of actual emissions exceeds the old 24

level. 25

(e) A decrease in a ctual emissions is creditable only to the 26

extent that: 27

(i) The old level of actual emissions or the old level of 28

allowable emissions, whichever is lower, exceeds the new level of 29

actual emissions; 30

(ii) It is enforceable at and after the time that actua l 31

construction on the particular change begins; and 32

(iii) It has approximately the same qualitative significance 33

for public health and welfare as that attributed to the increase 34

from the particular change. 35

(iv) It has not been relied on in issuing any permit under 36

R307

- 401 nor has it been relied on in demonstrating attainment or 37

reasonable further progress. 38

(f) An increase that results from a physical change at a 39

source occurs when the emissions unit on which construction 40

occurred becomes operational and begins to emit a particular 41

pollutant. Any replacement unit that requires shakedown becomes 42

operational only after a reasonable shakedown period, not to 43

exceed 180 days. 44

"New Installation" means an installation, construction of 45

which began after the effective date of any regulation having 46

application to it. 47R307

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- 2 September 23 , 2015 Page 11 of 17

"Nonattainment Area" means an area designated by the 1

Environmental Protection Agency as nonattainment under Section 2

107, Clean Air Act for any National Ambient Air Quality Standard. 3

The designatio ns for Utah are listed in 40 CFR 81.345. 4

"Offset" means an amount of emission reduction, by a source, 5

greater than the emission limitation imposed on such source by 6

these regulations and/or the State Implementation Plan. 7

"Opacity" means the capacity to o bstruct the transmission of 8

light, expressed as percent. 9

"Open Burning" means any burning of combustible materials 10

resulting in emission of products of combustion into ambient air 11

without passage through a chimney or stack. 12

"Owner or Operator" means any person who owns, leases, 13

controls, operates or supervises a facility, an emission source, 14

or air pollution control equipment. 15

"PSD" Area means an area designated as attainment or 16

unclassifiable under section 107(d)(1)(D) or (E) of the federal 17

Clean Air Ac t. 18

"PM2.5" means particulate matter with an aerodynamic diameter 19

less than or equal to a nominal 2.5 micrometers as measured by an 20

EPA reference or equivalent method. 21

[ "PM2.5 Precursor" means any chemical compound or substance 22

which, after it has been emitted into the atmosphere, undergoes 23

chemical or physical changes that convert it into particulate 24

matter, specifically PM2.5, and has been identified in the 25

applicable i mplementation plan for PM2.5 as significant for the 26

purpose of developing control measures. Specifically, PM2.5 27

precursors include SO

2 , NOx, and VOC. ] 28

"PM10" means particulate matter with an aerodynamic diameter 29

less than or equal to a nominal 10 micrometers as measured by an 30

EPA reference or equivalent method. 31

"PM10 Precursor" means any chemical compound or substance 32

which, after it has been emitted into the atmosphere, undergoes 33

chemical or physical changes that convert it into particulate 34

matter, specifically PM10. 35

"Part 70 Source" means any source subject to the permitting 36

requirements of R307

- 415. 37

"Person" means an individual, trust, firm, estate, compa ny, 38

corporation, partnership, association, state, state or federal 39

agency or entity, municipality, commission, or political 40

subdivision of a state. (Subsection 19

- 2

- 103(4)). 41

"Pollution Control Project" means any activity or project at 42

an existing electri c utility steam generating unit for purposes of 43

reducing emissions from such unit. Such activities or projects 44

are limited to: 45

(1) The installation of conventional or innovative pollution 46

control technology, including but not limited to advanced flue ga s 47

desulfurization, sorbent injection for sulfur dioxide and nitrogen 48R307

- 101

- 2 September 23 , 2015 Page 12 of 17

oxides controls and electrostatic precipitators; 1

(2) An activity or project to accommodate switching to a 2

fuel which is less polluting than the fuel used prior to the 3

activity or projec t, including, but not limited to natural gas or 4

coal reburning, or the cofiring of natural gas and other fuels for 5

the purpose of controlling emissions; 6

(3) A permanent clean coal technology demonstration project 7

conducted under Title II, sec. 101(d) of the Further Continuing 8

Appropriations Act of 1985 (sec. 5903(d) of title 42 of the United 9

States Code), or subsequent appropriations, up to a total amount 10

of $2,500,000,000 for commercial demonstration of clean coal 11

technology, or similar projects funded t hrough appropriations for 12

the Environmental Protection Agency; or 13

(4) A permanent clean coal technology demonstration project 14

that constitutes a repowering project. 15

"Potential to Emit" means the maximum capacity of a source to 16

emit a pollutant under its physical and operational design. Any 17

physical or operational limitation on the capacity of the source 18

to emit a pollutant including air pollution control equipment and 19

restrictions on hours of operation or on the type or amount of 20

material combusted, sto red, or processed shall be treated as part 21

of its design if the limitation or the effect it would have on 22

emissions is enforceable. Secondary emissions do not count in 23

determining the potential to emit of a stationary source. 24

"Primary PM2.5" means the su m of filterable PM2.5 and 25

condensable PM2.5. 26

"Process Level" means the operation of a source, specific to 27

the kind or type of fuel, input material, or mode of operation. 28

"Process Rate" means the quantity per unit of time of any raw 29

material or process in termediate consumed, or product generated, 30

through the use of any equipment, source operation, or control 31

apparatus. For a stationary internal combustion unit or any other 32

fuel burning equipment, this term may be expressed as the quantity 33

of fuel burned p er unit of time. 34

"Reactivation of a Very Clean Coal

- Fired Electric Utility 35

Steam Generating Unit" means any physical change or change in the 36

method of operation associated with the commencement of commercial 37

operations by a coal

- fired utility unit after a period of 38

discontinued operation where the unit: 39

(1) Has not been in operation for the two

- year period prior 40

to the enactment of the Clean Air Act Amendments of 1990, and the 41

emissions from such unit continue to be carried in the emission 42

inventory at t he time of enactment; 43

(2) Was equipped prior to shutdown with a continuous system 44

of emissions control that achieves a removal efficiency for sulfur 45

dioxide of no less than 85 percent and a removal efficiency for 46

particulates of no less than 98 percent; 47R307

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- 2 September 23 , 2015 Page 13 of 17

(3) Is equipped with low

- NOx burners prior to the time of 1

commencement of operations following reactivation; and 2

(4) Is otherwise in compliance with the requirements of the 3

Clean Air Act. 4

"Reasonable Further Progress" means annual incremental 5

reductio ns in emission of an air pollutant which are sufficient to 6

provide for attainment of the NAAQS by the date identified in the 7

State Implementation Plan. 8

"Refuse" means solid wastes, such as garbage and trash. 9

"Regulated air pollutant" means any of the fol lowing: 10

(a) Nitrogen oxides or any volatile organic compound; 11

(b) Any pollutant for which a national ambient air quality 12

standard has been promulgated; 13

(c) Any pollutant that is subject to any standard 14

promulgated under Section 111 of the Act, Standa rds of Performance 15

for New Stationary Sources; 16

(d) Any Class I or II substance subject to a standard 17

promulgated under or established by Title VI of the Act, 18

Stratospheric Ozone Protection; 19

(e) Any pollutant subject to a standard promulgated under 20

Sect ion 112, Hazardous Air Pollutants, or other requirements 21

established under Section 112 of the Act, including Sections 22

112(g), (j), and (r) of the Act, including any of the following: 23

(i) Any pollutant subject to requirements under Section 24

112(j) of the A ct, Equivalent Emission Limitation by Permit. If 25

the Administrator fails to promulgate a standard by the date 26

established pursuant to Section 112(e) of the Act, any pollutant 27

for which a subject source would be major shall be considered to 28

be regulated on the date 18 months after the applicable date 29

established pursuant to Section 112(e) of the Act; 30

(ii) Any pollutant for which t he requirements of Section 31

112(g)(2) of the Act (Construction, Reconstruction and 32

Modification) have been met, but only with respect to the 33

individual source subject to Section 112(g)(2) requirement. 34

"Repowering" means replacement of an existing coal

- fire d 35

boiler with one of the following clean coal technologies: 36

atmospheric or pressurized fluidized bed combustion, integrated 37

gasification combined cycle, magnetohydrodynamics, direct and 38

indirect coal

- fired turbines, integrated gasification fuel cells, 39

or a s determined by the Administrator, in consultation with the 40

Secretary of Energy, a derivative of one or more of these 41

technologies, and any other technology capable of controlling 42

multiple combustion emissions simultaneously with improved boiler 43

or generat ion efficiency and with significantly greater waste 44

reduction relative to the performance of technology in widespread 45

commercial use as of November 15, 1990. 46

(1) Repowering shall also include any oil and/or gas

- fired 47R307

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- 2 September 23 , 2015 Page 14 of 17

unit which has been awarded clean coa l technology demonstration 1

funding as of January 1, 1991, by the Department of Energy. 2

(2) The director shall give expedited consideration to 3

permit applications for any source that satisfies the requirements 4

of this definition and is granted an extensio n under section 409 5

of the Clean Air Act. 6

"Representative Actual Annual Emissions" means the average 7

rate, in tons per year, at which the source is projected to emit a 8

pollutant for the two

- year period after a physical change or 9

change in the method of op eration of unit, (or a different 10

consecutive two

- year period within 10 years after that change, 11

where the director determines that such period is more 12

representative of source operations), considering the effect any 13

such change will have on increasing or d ecreasing the hourly 14

emissions rate and on projected capacity utilization. In 15

projecting future emissions the director shall: 16

(1) Consider all relevant information, including but not 17

limited to, historical operational data, the company's own 18

representat ions, filings with the State of Federal regulatory 19

authorities, and compliance plans under title IV of the Clean Air 20

Act; and 21

(2) Exclude, in calculating any increase in emissions that 22

results from the particular physical change or change in the 23

method o f operation at an electric utility steam generating unit, 24

that portion of the unit's emissions following the change that 25

could have been accommodated during the representative baseline 26

period and is attributable to an increase in projected capacity 27

utiliza tion at the unit that is unrelated to the particular 28

change, including any increased utilization due to the rate of 29

electricity demand growth for the utility system as a whole. 30

"Residence" means a dwelling in which people live, including 31

all ancillary bui ldings. 32

"Residential Solid Fuel Burning" device means any residential 33

burning device except a fireplace connected to a chimney that 34

burns solid fuel and is capable of, and intended for use as a 35

space heater, domestic water heater, or indoor cooking applia nce, 36

and has an air

- to

- fuel ratio less than 35

- to

- 1 as determined by 37

the test procedures prescribed in 40 CFR 60.534. It must also 38

have a useable firebox volume of less than 6.10 cubic meters or 20 39

cubic feet, a minimum burn rate less than 5 kilograms per hour or 40

11 pounds per hour as determined by test procedures prescribed in 41

40 CFR 60.534, and weigh less than 800 kilograms or 362.9 pounds. 42

Appliances that are described as prefabricated fireplaces and are 43

designed to accommodate doors or other accessori es that would 44

create the air starved operating conditions of a residential solid 45

fuel burning device shall be considered as such. Fireplaces are 46

not included in this definition for solid fuel burning devices. 47R307

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- 2 September 23 , 2015 Page 15 of 17

"Road" means any public or private road. 1

"Sa lvage Operation" means any business, trade or industry 2

engaged in whole or in part in salvaging or reclaiming any product 3

or material, including but not limited to metals, chemicals, 4

shipping containers or drums. 5

"Secondary Emissions" means emissions whic h would occur as a 6

result of the construction or operation of a major source or major 7

modification, but do not come from the major source or major 8

modification itself. 9

Secondary emissions must be specific, well defined, 10

quantifiable, and impact the same g eneral area as the source or 11

modification which causes the secondary emissions. Secondary 12

emissions include emissions from any off

- site support facility 13

which would not be constructed or increase its emissions except as 14

a result of the construction or ope ration of the major source or 15

major modification. Secondary emissions do not include any 16

emissions which come directly from a mobile source such as 17

emissions from the tailpipe of a motor vehicle, from a train, or 18

from a vessel. 19

Fugitive emissions and fug itive dust from the source or 20

modification are not considered secondary emissions. 21

"Secondary PM2.5" means particles that form or grow in mass 22

through chemical reactions in the ambient air well after dilution 23

and condensation have occurred. Secondary PM2 .5 is usually formed 24

at some distance downwind from the source. 25

"Significant" means: 26

(1) In reference to a net emissions increase or the 27

potential of a source to emit any of the following pollutants, a 28

rate of emissions that would equal or exceed any of the following 29

rates: 30

Carbon monoxide: 100 ton per year (tpy); 31

Nitrogen oxides: 40 tpy; 32

Sulfur dioxide: 40 tpy; 33

PM10: 15 tpy; 34

PM2.5: 10 tpy; 35

Particulate matter: 25 tpy; 36

Ozone: 40 tpy of volatile organic compounds; 37

Lead: 0.6 tpy. 38

"Solid Fue l" means wood, coal, and other similar organic 39

material or combination of these materials. 40

"Solvent" means organic materials which are liquid at 41

standard conditions (Standard Temperature and Pressure) and which 42

are used as dissolvers, viscosity reducers, or cleaning agents. 43

"Source" means any structure, building, facility, or 44

installation which emits or may emit any air pollutant subject to 45

regulation under the Clean Air Act and which is located on one or 46

more continuous or adjacent properties and which i s under the 47R307

- 101

- 2 September 23 , 2015 Page 16 of 17

control of the same person or persons under common control. A 1

building, structure, facility, or installation means all of the 2

pollutant

- emitting activities which belong to the same industrial 3

grouping. Pollutant

- emitting activities shall be c onsidered as 4

part of the same industrial grouping if they belong to the same 5

"Major Group" (i.e. which have the same two

- digit code) as 6

described in the Standard Industrial Classification Manual, 1972, 7

as amended by the 1977 Supplement (US Government Print ing Office 8

stock numbers 4101

- 0065 and 003

- 005

- 00176

- 0, respectively). 9

"Stack" means any point in a source designed to emit solids, 10

liquids, or gases into the air, including a pipe or duct but not 11

including flares. 12

"Standards of Performance for New Stat ionary Sources" means 13

the Federally established requirements for performance and record 14

keeping (Title 40 Code of Federal Regulations, Part 60). 15

"State" means Utah State. 16

"Temporary" means not more than 180 calendar days. 17

"Temporary Clean Coal Technolog y Demonstration Project" means 18

a clean coal technology demonstration project that is operated for 19

a period of 5 years or less, and which complies with the Utah 20

State Implementation Plan and other requirements necessary to 21

attain and maintain the national a mbient air quality standards 22

during the project and after it is terminated. 23

"Threshold Limit Value

- Ceiling (TLV

- C)" means the airborne 24

concentration of a substance which may not be exceeded, as adopted 25

by the American Conference of Governmental Industri al Hygienists 26

in its "Threshold Limit Values for Chemical Substances and 27

Physical Agents and Biological Exposure Indices, (2009)." 28

"Threshold Limit Value

- Time Weighted Average (TLV

- TWA)" 29

means the time

- weighted airborne concentration of a substance 30

adop ted by the American Conference of Governmental Industrial 31

Hygienists in its "Threshold Limit Values for Chemical Substances 32

and Physical Agents and Biological Exposure Indices, (2009)." 33

"Total Suspended Particulate (TSP)" means minute separate 34

particles o f matter, collected by high volume sampler. 35

"Toxic Screening Level" means an ambient concentration of an 36

air contaminant equal to a threshold limit value

- ceiling (TLV

37

C) or threshold limit value

- time weighted average (TLV

- TWA) 38

divided by a safety fact or. 39

"Trash" means solids not considered to be highly flammable or 40

explosive including, but not limited to clothing, rags, leather, 41

plastic, rubber, floor coverings, excelsior, tree leaves, yard 42

trimmings and other similar materials. 43

"Volatile Organic Com pound (VOC)" means VOC as defined in 40 44

CFR 51.100(s), effective as of the date referenced in R307

- 101

- 3, 45

is hereby adopted and incorporated by reference. 46

"Waste" means all solid, liquid or gaseous material, 47R307

- 101

- 2 September 23 , 2015 Page 17 of 17

including, but not limited to, garbage, trash, household refuse, 1

construction or demolition debris, or other refuse including that 2

resulting from the prosecution of any business, trade or industry. 3

"Zero Drift" means the change in the instrument meter readout 4

over a stated period of time of normal con tinuous operation when 5

the VOC concentration at the time of measurement is zero. 6

7

8

**KEY: air pollution, definitions** 9

**Date of Enactment or Last Substantive Amendment: [ August 7,**  10

**2014 ]**  **2015** 11

**Notice of Continuation: May 8, 2014** 12

**Authorizing, and Implemented or Interpreted Law: 19** 

**- 2** 

**- 104(1)(a)**  13

14R307

- 312

- 5 September 23 , 2015 Page 1 of 1

1

**R307. Environmental Quality, Air Quality.** 2

**R307**

**- 312. Aggregate Processing Operations for PM2.5 Nonattainment**  3

**Areas.** 4

**R307**

**- 312** 

**- 5. Hot Mix Asphalt Plants.**  5

(1) The filterable PM2.5 emission rate from a hot mix 6

asphalt plant dryer shall not exceed 0.024 grains per dscf. 7

(a) Filterable PM2.5 emissions shall be determined by 40 CFR 8

51, Appendix M, Method 201A. 9

(2) From November 1 to March 1, a hot mix aspha lt plant 10

burning a fuel other than natural gas or liquefied petroleum gas 11

(LPG) shall not produce more than 50% of its rated capacity. 12

(a) Production shall be determined by scale house records, 13

belt scale records or [ equivalent method ] manifest statements on a 14

daily basis. 15

(b) Compliance shall be based on either the daily amount of 16

hot mix asphalt produced averaged over the operating day or the 17

daily amount of hot mix asphalt produced while burning a fuel 18

other than natural gas or LPG averaged over the t ime the plant is 19

operating while burning a fuel other than natural gas or LPG each 20

day. 21

(c) Compliance shall be determined by production records and 22

fuel records. 23

24

25

**KEY: air pollution, aggregate, asphalt, concrete** 26

**Date of Enactment or Last Substantive A mendment:**  **[ F**  **ebruary 1,** 27

**2013 ]**  **2015** 28

**Authorizing, and Implemented or Interpreted Law: 19**

**- 2** 

**- 101; 19** 

**- 2** 

**-** 29

**104; 19**

**- 2** 

**- 109**  30R307

- 328

- 4 September 23 , 2015 Page 1 of 2

**R307. Environmental Quality, Air Quality.** 1

**R307**

**- 328. Gasoline Transfer and Storage.**  2

**R307**

**- 328** 

**- 4. Loading of Tank Trucks, Trailers, Railroad Tank Cars,**  3

**and Other Transport Vehicles.** 4

(1) No person shall load or permit the loading of gasoline 5

into any gasoline cargo tank unless the emissions from such 6

vehicle are controlled by use of a vapor collection and control 7

system and submerged or bottom filling. RACT shall be required 8

and in n o case shall vapor emissions to the atmosphere exceed 9

0.640 pounds per 1,000 gallons transferred. 10

(2) Such vapor collection and control system shall be 11

properly installed and maintained. 12

(3) The loading device shall not leak. 13

(4) The loading device s hall utilize the dry

- break loading 14

design couplings and shall be maintained and operated to allow no 15

more than an average of 15 cc drainage per disconnect for 5 16

consecutive disconnects. 17

(5) All loading and vapor lines shall be equipped with 18

fittings whic h make a vapor tight connection and shall 19

automatically close upon disconnection to prevent release of the 20

organic material. 21

(6) A gasoline storage and transfer installation that 22

receives inbound loads and dispatches outbound loads ("bulk 23

plant") need no t comply with R307

- 328

- 4 if it does not have a 24

daily average throughput of more than 3,900 gallons (15,000 or 25

more liters) of gasoline based upon a 30

- day rolling average. 26

Such installations shall on

- load and off

- load gasoline by use of 27

bottom or submerge d filling [ or alternative equivalent methods ]. 28

The emission limitation is based on operating procedures and 29

equipment specifications using Reasonably Available Control 30

Technology as defined in EPA documents EPA 450/2

- 77

- 026 October 31

1977, "Control of Hydro carbons from Tank Truck Gasoline Loading 32

Terminals," and EPA

- 450/2

- 77

- 035 December 1977, "Control of 33

Volatile Organic Emissions from Bulk Gasoline Plants." The design 34

effectiveness of such equipment and the operating procedures must 35

be documented and subm itted to and approved by the director. 36

(7) Hatches of gasoline cargo tanks shall not be opened at 37

any time during loading operations except to avoid emergency 38

situations or during emergency situations. Pressure relief valves 39

on storage tanks and gasolin e cargo tanks shall be set to release 40

at the highest possible pressure, in accordance with State or 41

local fire codes and National Fire Prevention Association 42

guidelines. Pressure in the vapor collection system shall not 43

exceed the gasoline cargo tank pres sure relief setting. 44

(8) Each owner or operator of a gasoline storage or 45

dispensing installation shall conduct testing of vapor collection 46

systems used at such installation and shall maintain records of 47R307

- 328

- 4 September 23 , 2015 Page 2 of 2

all tests for no less than two years. Testing proc edures of vapor 1

collection systems shall be approved by the director and shall be 2

consistent with the procedures described in the EPA document, 3

"Control of Volatile Organic Compound Leaks from Gasoline Tank 4

Trucks and Vapor Collection Systems," EPA

- 450/2

- 7 8

- 051. 5

(9) Semi

- annual testing shall be conducted and records 6

maintained of such test. The frequency of tests may be altered by 7

the director upon submittal of documentation which would justify a 8

change. 9

(10) The vapor collection and vapor processing equipment 10

shall be designed and operated to prevent gauge pressure in the 11

gasoline cargo tank from exceeding 18 inches of water and prevent 12

vacuum from exceeding 6 inches of water. During testing and 13

monitor ing, there shall be no reading greater than or equal to 100 14

percent of the lower explosive limit measured at 1.04 inches 15

around the perimeter of a potential leak source as detected by a 16

combustible gas detector. Potential leak sources include, but are 17

not limited to, piping, seals, hoses, connections, pressure or 18

vacuum vents, and vapor hoods. In addition, no visible liquid 19

leaks are permitted during testing or monitoring. 20

21

**KEY: air pollution, gasoline transport, ozone** 22

**Date of Enactment or Last Substanti ve Amendment:**  **[ June 7,**  23

**2011 ]**  **2015** 24

**Notice of Continuation: February 1, 2012** 25

**Authorizing, and Implemented or Interpreted Law: 19**

**- 2** 

**- 101; 19** 

**- 2** 

**-** 26

**104(1)(a)** 27

# ITEM 7

### State of Utah

GARY R. HERBERT

Governor

SPENCER J. COX

Lieutenant Governor 

### Department of

Environmental Quality

A lan Matheson

Executive Director

DIVISION OF AIR QUALITY

Bryce C. Bird

Director

DAQ

- 05 7

- 15

M E M O R A N D U M

TO: Air Quality Board

THROUGH: Bryce C. Bird, Executive Secretary

THROUGH: Regg Olsen, Permitting Branch Manager

FROM: David Beatty, Operating Permit Section Manager

DATE: September 23, 2015

SUBJECT: PROPOSE FO R PUBLIC COMMENT: Amend R307

- 405

- 3. Definitions; and

R307

- 415

- 3. Definitions.

______________________________________________________________________________________

On August 12, 2015, the Environmental Protection Agency (EPA) issued a good cause fina l rule to remove

portions of its Prevention of Significant Deterioration (PSD) and title V permitting regulations that were

initially promulgated in 2010 and that the Court of Appeals for the District of Columbia Circuit (D.C.

Circuit) specifically identif ied as vacated in the amended version of Coalition for Responsible Regulation

v. EPA . The amended judgment was a response to the U.S. Supreme Court decision in Utility Air

Regulatory Group (UARG) v. EPA

.

In UARG v. EPA , the U.S. Supreme Court said that the EPA may not treat greenhouse gases (GHG) as an

air pollutant for the specific purpose of determining whether a source (or modification thereof) is required

to obtain a PSD or title V permit, and thus declared that the EPA regulations implementing that approach

for determining whether a PSD or title V permit is necessary (i.e., Step 2 of the Tailoring Rule) are invalid.

Following the aforementioned federal changes, the Division of Air Quality is proposing changes to R307

-

405

- 3 and R307

- 415

- 3 so that Utah’s rules align with federal regulations and case law. The result of these

changes will be the withdrawal of five title V sources that were identified as GHG sources when the

tailoring rule was implemented.

Staff Recommendation : Staff recommends th at the Board propose amendments to R307

- 405

- 3 and R307

-

415

- 3 for public comment.

195 North 1950 West • Salt Lake City, U tah

Mailing Address: P.O. Box 1448 2 0 • Salt Lake City, U tah 84114

- 48 2 0

Telephone (801) 53 6

- 4 0 00 • Fax (801 ) 536

- 4099 • T.D.D. ( 801) 903

- 3978

www.deq.utah.gov

Printed on 100% recycled paperDAQ

- 057

- 15

Page 2

BACKGROUND

• New Source Review (NSR) is a preconstruction permitting program established under the 1977 Clean Air

Act (CAA) Amendments that serves two important purposes: 1) It ensures the maintenance of air quality

standards when major stationary sources such as factories, industrial boilers and power plants are

constructed or modified. In areas that do not meet the national air quality standards, nonattainment NSR

ensu res that new emissions do not slow progress toward cleaner air. In areas that meet the standards,

including pristine areas like national parks, NSR’s PSD program ensures that new emissions will not cause

air quality to deteriorate significantly and that th ese areas will continue to attain air quality standards. 2)

The NSR program ensures that state of the art control technology is installed at new plants or at existing

plants that are undergoing a major modification.

• The title V operating permit progr am, established under the 1990 CAA Amendments, is a vehicle for

ensuring that air quality control requirements are appropriately applied to facility emission units and for

assuring compliance with such requirements, but does not generally impose new substa ntive air quality

control requirements.

• On June 3, 2010, the EPA published the final Tailoring Rule, which phased in permitting requirements

for greenhouse gas emissions from stationary sources under the CAA permitting programs. The final

Tailoring R ule set thresholds for GHG emissions that define when permits under the NSR PSD and title V

permit programs were required for new and existing industrial facilities based on the level of greenhouse

gas emissions from a source.

• Step 1 of the Tailoring Rule (January 2, 2011 to June 30, 2011) only applied to sources that were subject

to the program before greenhouse gases were regulated under the Clean Air Act (i.e., those sources that

were newly

- constructed or modified in a way that significantly increas ed emissions of a pollutant other

than GHGs). During this time, no sources were subject to CAA permitting requirements due solely to

GHG emissions.

• Step 2 of the Tailoring Rule began on July 1, 2011, and allowed PSD and title V requirements to apply to

additional sources based solely on GHG emissions if those emissions exceeded certain regulatory limits.

The Step 2 permitting regulations for GHG only sources are the portion of the GHG permitting regulations

that the U.S Supreme Court found to be inva lid in UARG v EPA

.R307

- 405

- 3 Sept ember 23

, 2015 Page 1 of 3

**R307. Environmental Quality, Air Quality.** 1

**R307**

**- 405. Permits: Major Sources in Attainment or Unclassified**  2

**Areas (PSD).** 3

4

**R307**

**- 405** 

**- 3. Definitions.**  5

(1) Except as provided in (2) and (9) below, the definitions 6

contained in 40 CFR 52.21(b) are hereby incorporated by reference. 7

(2)(a) In the definition of "baseline area" in 40 CFR 8

52.21(b)(15)(ii)(b) insert the words "or R307

- 405" after "Is 9

subject to 40 CFR 52.21". 10

(b) "Rev iewing Authority" means the director. 11

(c)(i) The term "Administrator" shall be changed to 12

"director" throughout R307

- 405, except as provided in (ii). 13

(ii) The term "Administrator" shall be changed to "EPA 14

Administrator" in the following incorporated se ctions: 15

(A) 40 CFR 52.21(b)(17), 16

(B) 40 CFR 52.21(b)(37)(i), 17

(C) 40 CFR 52.21(b)(43), 18

(D) 40 CFR 52.21(b)(48)(ii)(c), 19

(E) 40 CFR 52.21(b)(50)(i), 20

(F) 40 CFR 52.21(l)(2), 21

(G) 40 CFR 52.21(p)(2), and 22

(H) 40 CFR 51.166(q)(2)(iv). 23

(d) The fol lowing definitions or portions of definitions 24

that apply to the equipment repair and replacement provisions are 25

not incorporated because these provisions were vacated by the DC 26

Circuit Court of Appeals on March 17, 2006: 27

(i) in the definition major modif ication in 40 CFR 28

52.21(b)(2), the second sentence in subparagraph (iii)(a), 29

(ii) the definition of "process unit" in 40 CFR 30

52.21(b)(55), 31

(iii) the definition of "functionally equivalent component" 32

in 40 CFR 52.21(b)(56), 33

(iv) the definition of "fix ed capital cost" in 40 CFR 52.21 34

(b)(57), and 35

(v) the definition of "total capital investment" in 40 CFR 36

52.21(b)(58). 37

(e) In the definition of "Regulated NSR pollutant" in 40 CFR 38

52.21(b)(50), subparagraph (iv) shall be changed to read, "Any 39

pollutant that otherwise is subject to regulation under the Act." 40

A new subparagraph (v) shall be added that reads, "The term 41

regulated NSR pollutant shall not include any or all hazardous air 42

pollutants either listed in section 112 of the federal Clean Air 43

Act, o r added to the list pursuant to section 112(b)(2) of the 44

federal Clean Air Act, and which have not been delisted pursuant 45R307

- 405

- 3 Sept ember 23

, 2015 Page 2 of 3

to section 112(b)(3) of the federal Clean Air Act, unless the 1

listed hazardous air pollutant is also regulated as a constituent 2

or pre cursor of a general pollutant listed under section 108 of 3

the federal Clean Air Act." 4

(3) "Air Quality Related Values," as used in analyses under 5

40 CFR 52.21 (p) that is incorporated by reference in R307

- 405

- 17, 6

means those special attributes of a Class I area, assigned by a 7

federal land manager, that are adversely affected by air quality. 8

(4) "Heat input" means heat input as defined in 40 CFR 9

52.01(g), that is hereby incorporated by reference. 10

(5) "Title V permit" means any permit or group of permit s 11

covering a Part 70 source that is issued, renewed, amended, or 12

revised pursuant to R307

- 415. 13

(6) "Title V Operating Permit Program" means R307

- 415. 14

(7) The definition of "Good Engineering Practice (GEP) Stack 15

Height" as defined in R307

- 410 shall appl y in this rule. 16

(8) The definition of "Dispersion Technique" as defined in 17

R307

- 410 shall apply in this rule. 18

(9) "Subject to regulation" means, for any air pollutant, 19

that the pollutant is subject to either a provision in the federal 20

Clean Air Act, or a nationally

- applicable regulation codified by 21

the Administrator in subchapter C of 40 CFR Chapter I, that 22

requires actual control of the quantity of emissions of that 23

pollutant, and that such a control requirement has taken effect 24

and is operative to con trol, limit or restrict the quantity of 25

emissions of that pollutant released from the regulated activity. 26

Except that: 27

(a) "Greenhouse gases (GHGs)," the air pollutant defined in 28

40 CFR 86.1818

- 12(a) (Federal Register, Vol. 75, Page 25686) as 29

the aggrega te group of six greenhouse gases: carbon dioxide, 30

nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and 31

sulfur hexafluoride, shall not be subject to regulation except as 32

provided in paragraph[ s ] (d) [ through (e) ] of this section. 33

(b) For purpo ses of paragraphs (c) through ( [ e ] d ) of this 34

section, the term "tons per year (tpy) CO2 equivalent emissions 35

(CO2e)" shall represent an amount of GHGs emitted, and shall be 36

computed as follows: 37

(i) Multiplying the mass amount of emissions (tpy), for each 38

of the six greenhouse gases in the pollutant GHGs, by the gas's 39

associated global warming potential published at Table A

- 1 to 40

subpart A of 40 CFR Part 98

- Global Warming Potentials, that is 41

hereby incorporated by reference (Federal Register, Vol. 74, Pag es 42

56395

- 96). 43

(ii) Sum the resultant value from paragraph (b)(i) of this 44

section for each gas to compute a tpy CO2e. 45R307

- 405

- 3 Sept ember 23

, 2015 Page 3 of 3

(c) The term "emissions increase" as used in paragraph[ s ] 1

(d) [ through (e) ]of this section shall mean that both a 2

significant emissions increase (as calculated using the procedures 3

in 40 CFR 52.21 (a)(2)(iv) that is incorporated by reference in 4

R307

- 405

- 2) and a significant net emissions increase (as defined 5

in paragraphs 40 CFR 52.21(b)(3) and (b)(23) that is incorporated 6

by reference in R307

- 405

- 3) occur. For the pollutant GHGs, an 7

emissions increase shall be based on tpy CO2e, and shall be 8

calculated assuming the pollutant GHGs is a regulated NSR 9

pollutant, and ''significant'' is defined as 75,000 tpy CO2e 10

instead of applying the value in paragraph 40 CFR 11

52.21(b)(23)(ii). 12

(d) Beginning January 2, 2011, the pollutant GHGs is subject 13

to regulation if: 14

(i) The stationary source is a new major stationary source 15

for a regulated NSR pollutant that is not GHGs, and also will emit 16

or will h ave the potential to emit 75,000 tpy CO2e or more; or 17

(ii) The stationary source is an existing major stationary 18

source for a regulated NSR pollutant that is not GHGs, and also 19

will have an emissions increase of a regulated NSR pollutant, and 20

an emission s increase of 75,000 tpy CO2e or more[ ; and, 21

(e) Beginning July 1, 2011, in addition to the provisions in 22

paragraph (d) of this section, the pollutant GHGs shall also be 23

subject to regulation: 24

(i) At a new stationary source that will emit or have the 25

potential to emit 100,000 tpy CO2e; or 26

(ii) At an existing stationary source that emits or has the 27

potential to emit 100,000 tpy CO2e, when such stationary source 28

undertakes a physical change or change in the method of operation 29

that wi ll result in an emissions increase of 75,000 tpy CO2e or 30

more ]. 31

32

33

**KEY: air pollution, PSD, Class I area, greenhouse gases** 34

**Date of Enactment or Last Substantive Amendment: [ February 2,**  35

**2012 ]**  **2015** 36

**Notice of Continuation: January 28, 2014** 37

**Authorizing, and I mplemented or Interpreted Law: 19** 

**- 2** 

**- 104**  38R307

- 415

- 3 Sept ember 23 , 2015 Pa ge 1 of 6

**R307. Environmental Quality, Air Quality.** 1

**R307**

**- 415. Permits: Operating Permit Requirements.**  2

3

**R307**

**- 415** 

**- 3. Definitions.**  4

(1) The definitions contained in R307

- 101

- 2 apply throughout 5

R307

- 415, except as specifically provided in (2). 6

(2) The following additional definitions apply to R307

- 415. 7

"Act" means the Clean Air Act, as amended, 42 U.S.C. 7401, et 8

seq. 9

"Administrato r" means the Administrator of EPA or his or her 10

designee. 11

"Affected States" are all states: 12

(a) Whose air quality may be affected and that are 13

contiguous to Utah; or 14

(b) That are within 50 miles of the permitted source. 15

"Air Pollutant" means an air p ollution agent or combination 16

of such agents, including any physical, chemical, biological, or 17

radioactive (including source material, special nuclear material, 18

and byproduct material) substance or matter which is emitted into 19

or otherwise enters the ambie nt air. Such term includes any 20

precursors to the formation of any air pollutant, to the extent 21

the Administrator has identified such precursor or precursors for 22

the particular purpose for which the term air pollutant is used. 23

"Applicable requirement" mea ns all of the following as they 24

apply to emissions units in a Part 70 source, including 25

requirements that have been promulgated or approved by the Board 26

or by the EPA through rulemaking at the time of permit issuance 27

but have future

- effective compliance da tes: 28

(a) Any standard or other requirement provided for in the 29

State Implementation Plan; 30

(b) Any term or condition of any approval order issued under 31

R307

- 401; 32

(c) Any standard or other requirement under Section 111 of 33

the Act, Standards of Performance for New Stationary Sources, 34

including Section 111(d); 35

(d) Any standard or other requirement under Section 112 of 36

the Act, Hazardous Air Pollutants, including an y requirement 37

concerning accident prevention under Section 112(r)(7) of the Act; 38

(e) Any standard or other requirement of the Acid Rain 39

Program under Title IV of the Act or the regulations promulgated 40

thereunder; 41

(f) Any requirements established pursua nt to Section 504(b) 42

of the Act, Monitoring and Analysis, or Section 114(a)(3) of the 43

Act, Enhanced Monitoring and Compliance Certification; 44

(g) Any standard or other requirement governing solid waste 45

incineration, under Section 129 of the Act; 46

(h) Any standard or other requirement for consumer and 47R307

- 415

- 3 Sept ember 23 , 2015 Pa ge 2 of 6

commercial products, under Section 183(e) of the Act; 1

(i) Any standard or other requirement of the regulations 2

promulgated to protect stratospheric ozone under Title VI of the 3

Act, unless the Administrator has determined that such 4

requirements need not be contained in an operating permit; 5

(j) Any national ambient air quality standard or increment 6

or visibility requirement under part C of Title I of the Act, but 7

only as it would apply to temporary sources p ermitted pursuant to 8

Section 504(e) of the Act; 9

(k) Any standard or other requirement under rules adopted by 10

the Board. 11

"Area source" means any stationary source that is not a major 12

source. 13

"Designated representative" shall have the meaning given to 14

it in Section 402 of the Act and in 40 CFR Section 72.2, and 15

applies only to Title IV affected sources. 16

"Draft permit" means the version of a permit for which the 17

director offers public participation under R307

- 415

- 7i or affected 18

State review under R307

- 415

- 8(2). 19

"Emissions allowable under the permit" means a federally

20

enforceable permit term or condition determined at issuance to be 21

required by an applicable requirement that establishes an 22

emissions limit, including a work practice standard, or a 23

federally

- enforceable emissions cap that the source has assumed to 24

avoid an applicable requirement to which the source would 25

otherwise be subject. 26

"Emissions unit" means any part or activity of a stationary 27

source that emits or has the potential to emit any regula ted air 28

pollutant or any hazardous air pollutant. This term is not meant 29

to alter or affect the definition of the term "unit" for purposes 30

of Title IV of the Act, Acid Deposition Control. 31

"Final permit" means the version of an operating permit 32

issued by the director that has completed all review procedures 33

required by R307

- 415

- 7a through 7i and R307

- 415

- 8. 34

"General permit" means an operating permit that meets the 35

requirements of R307

- 415

- 6d. 36

"Hazardous Air Pollutant" means any pollutant listed by the 37

Ad ministrator as a hazardous air pollutant under Section 112(b) of 38

the Act. 39

"Major source" means any stationary source (or any group of 40

stationary sources that are located on one or more contiguous or 41

adjacent properties, and are under common control of the same 42

person (or persons under common control)) belonging to a single 43

major industrial grouping and that are described in paragraphs 44

(a), (b), or (c) of this definition. For the purposes of defining 45

"major source," a stationary source or group of stationa ry sources 46

shall be considered part of a single industrial grouping if all of 47R307

- 415

- 3 Sept ember 23 , 2015 Pa ge 3 of 6

the pollutant emitting activities at such source or group of 1

sources on contiguous or adjacent properties belong to the same 2

Major Group (all have the same two

- digit code) as des cribed in the 3

Standard Industrial Classification Manual, 1987. Emissions 4

resulting directly from an internal combustion engine for 5

transportation purposes or from a non

- road vehicle shall not be 6

considered in determining whether a stationary source is a m ajor 7

source under this definition. 8

(a) A major source under Section 112 of the Act, Hazardous 9

Air Pollutants, which is defined as: for pollutants other than 10

radionuclides, any stationary source or group of stationary 11

sources located within a contiguous area and under common control 12

that emits or has the potential to emit, in the aggregate, ten 13

tons per year or more of any hazardous air pollutant or 25 tons 14

per year or more of any combination of such hazardous air 15

pollutants. Notwithstanding the precedin g sentence, emissions 16

from any oil or gas exploration or production well, with its 17

associated equipment, and emissions from any pipeline compressor 18

or pump station shall not be aggregated with emissions from other 19

similar units, whether or not such units a re in a contiguous area 20

or under common control, to determine whether such units or 21

stations are major sources. 22

(b) A major stationary source of air pollutants, as defined 23

in Section 302 of the Act, that directly emits or has the 24

potential to emit, 100 t ons per year or more of any air pollutant 25

[ subject to regulation, ] including any major source of fugitive 26

emissions or fugitive dust of any such pollutant as determined by 27

rule by the Administrator. The fugitive emissions or fugitive 28

dust of a stationary source shall not be considered in determining 29

whether it is a major stationary source for the purposes of 30

Section 302(j) of the Act, unless the source belongs to any one of 31

the following categories of stationary source: 32

(i) Coal cleaning plants with ther mal dryers; 33

(ii) Kraft pulp mills; 34

(iii) Portland cement plants; 35

(iv) Primary zinc smelters; 36

(v) Iron and steel mills; 37

(vi) Primary aluminum ore reduction plants; 38

(vii) Primary copper smelters; 39

(viii) Municipal incinerators capable of chargin g more than 40

250 tons of refuse per day; 41

(ix) Hydrofluoric, sulfuric, or nitric acid plants; 42

(x) Petroleum refineries; 43

(xi) Lime plants; 44

(xii) Phosphate rock processing plants; 45

(xiii) Coke oven batteries; 46

(xiv) Sulfur recovery plants; 47R307

- 415

- 3 Sept ember 23 , 2015 Pa ge 4 of 6

(xv) Carbon black plants, furnace process; 1

(xvi) Primary lead smelters; 2

(xvii) Fuel conversion plants; 3

(xviii) Sintering plants; 4

(xix) Secondary metal production plants; 5

(xx) Chemical process plants; 6

(xxi) Fossil

- fuel boilers, or combination t hereof, totaling 7

more than 250 million British thermal units per hour heat input; 8

(xxii) Petroleum storage and transfer units with a total 9

storage capacity exceeding 300,000 barrels; 10

(xxiii) Taconite ore processing plants; 11

(xxiv) Glass fiber processi ng plants; 12

(xxv) Charcoal production plants; 13

(xxvi) Fossil

- fuel

- fired steam electric plants of more than 14

250 million British thermal units per hour heat input; 15

(xxvii) Any other stationary source category, which as of 16

August 7, 1980 is being regulate d under Section 111 or Section 112 17

of the Act. 18

(c) A major stationary source as defined in part D of Title 19

I of the Act, Plan Requirements for Nonattainment Areas, 20

including: 21

(i) For ozone nonattainment areas, sources with the 22

potential to emit 100 ton s per year or more of volatile organic 23

compounds or oxides of nitrogen in areas classified as "marginal" 24

or "moderate," 50 tons per year or more in areas classified as 25

"serious," 25 tons per year or more in areas classified as 26

"severe," and 10 tons per yea r or more in areas classified as 27

"extreme"; except that the references in this paragraph to 100, 28

50, 25, and 10 tons per year of nitrogen oxides shall not apply 29

with respect to any source for which the Administrator has made a 30

finding, under Section 182(f) (1) or (2) of the Act, that 31

requirements under Section 182(f) of the Act do not apply; 32

(ii) For ozone transport regions established pursuant to 33

Section 184 of the Act, sources with the potential to emit 50 tons 34

per year or more of volatile organic compou nds; 35

(iii) For carbon monoxide nonattainment areas that are 36

classified as "serious" and in which stationary sources contribute 37

significantly to carbon monoxide levels as determined under rules 38

issued by the Administrator, sources with the potential to em it 50 39

tons per year or more of carbon monoxide; 40

(iv) For PM

- 10 particulate matter nonattainment areas 41

classified as "serious," sources with the potential to emit 70 42

tons per year or more of PM

- 10 particulate matter. 43

"Non

- Road Vehicle" means a vehicle th at is powered by an 44

internal combustion engine (including the fuel system), that is 45

not a self

- propelled vehicle designed for transporting persons or 46

property on a street or highway or a vehicle used solely for 47R307

- 415

- 3 Sept ember 23 , 2015 Pa ge 5 of 6

competition, and is not subject to standards promulgated under 1

Section 111 of the Act (New Source Performance Standards) or 2

Section 202 of the Act (Motor Vehicle Emission Standards). 3

"Operating permit" or "permit," unless the context suggests 4

otherwise, means any permit or group of permits covering a Part 70 5

source that is issued, renewed, amended, or revised pursuant to 6

these rules. 7

"Part 70 Source" means any source subject to the permitting 8

requirements of R307

- 415, as provided in R307

- 415

- 4. 9

"Permit modification" means a revision to an operating permit 10

that meets the requirements of R307

- 415

- 7f. 11

"Permit revision" means any permit modification or 12

administrative permit amendment. 13

"Permit shield" means the permit shield as described in R307

- 14

415

- 6f. 15

"Proposed p ermit" means the version of a permit that the 16

director proposes to issue and forwards to EPA for review in 17

compliance with R307

- 415

- 8. 18

"Renewal" means the process by which a permit is reissued at 19

the end of its term. 20

"Responsible official" means one of t he following: 21

(a) For a corporation: a president, secretary, treasurer, or 22

vice

- president of the corporation in charge of a principal 23

business function, or any other person who performs similar policy 24

or decision

- making functions for the corporation, or a duly 25

authorized representative of such person if the representative is 26

responsible for the overall operation of one or more 27

manufacturing, production, or operating facilities applying for or 28

subject to a permit and either: 29

(i) the operating facilities employ more than 250 persons or 30

have gross annual sales or expenditures exceeding $25 million in 31

second quarter 1980 dollars; or 32

(ii) the delegation of authority to such representative is 33

approved in advance by the director; 34

(b) For a partnership or so le proprietorship: a general 35

partner or the proprietor, respectively; 36

(c) For a municipality, State, Federal, or other public 37

agency: either a principal executive officer or ranking elected 38

official. For the purposes of R307

- 415, a principal executive 39

officer of a Federal agency includes the chief executive officer 40

having responsibility for the overall operations of a principal 41

geographic unit of the agency; 42

(d) For Title IV affected sources: 43

(i) The designated representative in so far as actions, 44

standards, requirements, or prohibitions under Title IV of the 45

Act, Acid Deposition Control, or the regulations promulgated 46

thereunder are concerned; 47R307

- 415

- 3 Sept ember 23 , 2015 Pa ge 6 of 6

(ii) The responsible official as defined above for any other 1

purposes under R307

- 415. 2

"Stationary sourc e" means any building, structure, facility, 3

or installation that emits or may emit any regulated air pollutant 4

or any hazardous air pollutant. 5

[ "Subject to regulation" means, for any air pollutant, that 6

the pollutant is subject to either a provision in th e Clean Air 7

Act, or a nationally

- applicable regulation codified by the 8

Administrator in subchapter C of 40 CFR Chapter I, that requires 9

actual control of the quantity of emissions of that pollutant, and 10

that such a control requirement has taken effect and is operative 11

to control, limit or restrict the quantity of emissions of that 12

pollutant released from the regulated activity. Except that: 13

(a) "Greenhouse gases (GHGs)," the air pollutant defined in 14

40 CFR 86.1818

- 12(a) (Federal Register, Vol. 75, Page 2 5686) as 15

the aggregate group of six greenhouse gases: carbon dioxide, 16

nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and 17

sulfur hexafluoride, shall not be subject to regulation unless, as 18

of July 1, 2011, the GHG emissions are at a stationar y source 19

emitting or having the potential to emit 100,000 tons per year 20

(tpy) CO2 equivalent emissions. 21

(b) The term "tpy CO2 equivalent emissions (CO2e)" shall 22

represent an amount of GHGs emitted, and shall be computed by 23

multiplying the mass amount of emissions (tpy), for each of the 24

six greenhouse gases in the pollutant GHGs, by the gas's 25

associated global warming potential published at Table A

- 1 to 26

subpart A of 40 CFR Part 98

-- Global Warming Potentials, that is 27

hereby incorporated by reference (Federa l Register, Vol. 74, Pages 28

56395

- 96), and summing the resultant value for each to compute a 29

tpy CO2e. ] 30

"Title IV Affected source" means a source that contains one 31

or more affected units as defined in Section 402 of the Act and in 32

40 CFR, Part 72. 33

34

**KEY: a ir pollution, greenhouse gases, operating permit, emission**  35

**fees** 36

**Date of Enactment or Last Substantive Amendment: [**  **March 7,** 37

**2012 ]**  **2015** 38

**Notice of Continuation: June 6, 2012** 39

**Authorizing, and Implemented or Interpreted Law: 19**

**- 2** 

**- 109.1; 19** 

**-** 40

**2**

**- 104**  41

# ITEM 8

### State of Utah

GARY R. HERBERT

Governor

SPENCER J. COX

Lieutenant Governo r 

### Department of

Environmental Quality

A lan Matheson

Executive Director

DIVISION OF AIR QUALITY

Bryce C. Bird

Director

DAQ

- 0 60

- 15

M E M O R A N D U M

TO: Air Quality Board

THROUGH: Bryce C. Bird, Executive Secretary

FROM: Robert Ford, Air Toxics Lead

- Based Paint, and Asbestos Section Manager

DATE: September 23, 2015

SUBJECT: PROPOSE FOR PUBLIC COMMENT: Amend R 307

- 801. Utah Asbestos Rule.

______________________________________________________________________________________

On March 25, 2015, Governor Gary Herbert signed Utah House Bill 229, Air Quality Modifications, into

law. H ouse Bill 229 revised the st atutory definition of a sbestos and modified what suspect asbestos

containing materials need to be inspected for in residential structures of four units or less built on or after

January 1, 1981. These modifications are found in Utah Code Annotated 19

- 2

- 10 2 and 19

- 2

- 104.

The proposed rule amends R307

- 801, Utah Asbestos Rule, so that it reflects changes to and is made

consistent with Utah Air Conservation Act modifications. The proposed rule also includes modifications

recommended by staff and the regula ted community to help the Division better administer the Utah

Asbestos Program.

Staff Recommendation : Staff recommends that the Board propose R307

- 801 for public comment.

195 North 1950 West • Salt Lake City, U ta h

Mailing Address: P.O. Box 1448 2 0 • Salt Lake City, U tah 84114

- 48 2 0

Telephone (801) 53 6

- 4 0 00 • Fax (801 ) 536

- 4099 • T.D.D. (801) 903

- 3978

www.deq.utah.gov

Printed on 100% recycled paperR307

- 801 September 23 , 2015 Page 1 of 34

**R307. Environmental Quality, Air Quality.** 1

**R307**

**- 801. Utah Asbestos Rule.**  2

**R307**

**- 801** 

**- 1. Purpose and Authority.**  3

This rule establishes procedures and requirements for 4

asbestos abatement or renovation projects and training programs, 5

procedures and requirements for the certification of persons and 6

companies engaged in asbestos abatement or renovation projects, 7

and work practice standards for performing such projects. This 8

rule is promulgated under the authority of Utah Code Annotated 19

- 9

2

- 104(1)(d), (3)([ r ] a )([ i) through ( ]iii), (3)([ s ] b ) (iv)(A), (B), 10

and (C) , (3)([ t ] b ) (v) , [ and ] (6) (a), and (6)(b) . Penalties are 11

authori zed by Utah Code Annotated 19

- 2

- 115. Fees are authorized by 12

Utah Code Annotated 19

- 1

- 201(2)(i). 13

14

**R307**

**- 801** 

**- 2. Applicability and General Provisions.**  15

(1) Applicability. 16

(a) The following persons are operators and are subject to 17

the requirements of R307

- 8 01: 18

(i) Persons who contract for hire to conduct asbestos 19

abatement, renovation, or demolition projects in regulated 20

facilities; 21

(ii) Persons who conduct asbestos abatement, renovation, or 22

demolition projects in areas where the general public has 23

unres trained access; [ or ] 24

(iii) Persons who conduct asbestos abatement, renovation, or 25

demolition projects in school buildings subject to AHERA or who 26

conduct asbestos inspections in facilities subject to TSCA Title 27

II[

. ] ; or 28

(iv) Persons who perform regula ted work activities or 29

renovation projects in single or multifamily residential 30

structures where they do not live or intend to live immediately 31

after the regulated work activity or renovation project is 32

complete. 33

(b) The following persons are subject to certification 34

requirements: 35

(i) Persons required by TSCA Title II or R307

- 801 to be 36

accredited as inspectors, management planners, project designers, 37

renovators, asbestos abatement supervisors, or asbestos abatement 38

workers; 39

(ii) Persons who work on asbestos abatement projects as 40

asbestos abatement workers, asbestos abatement supervisors, 41

inspectors, project designers, or management planners; [ and ] 42

(iii) Persons who perform regulated work activities or 43

renovation projects in single or multifamily residential 44

structures where they do not live or intend to live immediately 45R307

- 801 September 23 , 2015 Page 2 of 34

after the regulated work activity or project is complete; or 1

(i[ ii ] v ) Companies that conduct asbestos abatement projects, 2

renovation projects, inspections, create project designs, or 3

prepare management plans in regulated facilities. 4

(c) Homeowners or condominium owners performing renovation 5

or demolition activities in or on their own residential facilities 6

where they live, that are otherwise not subject to the Asbestos 7

NESHAP

, are not subject to the requirements of this rule, however, 8

a condominium complex of more than four units is subject to this 9

rule and may also be subject to the Asbestos NESHAP [ and R307

- 10

801 ] regulation

. 11

(d) Contractors for hire performing renovation or demolition 12

activities are required to follow the inspection provisions of 13

R307

- 801

- 9 and R307

- 801

- 10 and the notification provisions of 14

R307

- 801

- 11 and R307

- 801

- 12

. 15

(2) General Provisions. 16

(a) All pers ons who are required by R307

- 801 to obtain an 17

approval, certification, determination, or notification from the 18

director [ must ] shall obtain it in writing. 19

(b) Persons wishing to deviate from the certification, 20

notification, work practices, or other requir ements of R307

- 801 21

may do so only after requesting and obtaining the written approval 22

of the director. 23

24

**R307**

**- 801** 

**- 3. Definitions.**  25

The following definitions apply to R307

- 801: 26

"Adequately Wet" means to sufficiently mix or penetrate with 27

liquid to prevent the release of particulates. If visible 28

emissions are observed coming from asbestos

- containing material, 29

then that material is not adequately wet. However, the absence of 30

visible emissions is not sufficient evidence of being adequately 31

wet. 32

"Amended Water " means a mixture of water and a chemical 33

wetting agent that provides control of asbestos fiber release. 34

"AHERA" means the federal Asbestos Hazard Emergency Response 35

Act of 1986 and the Environmental Protection Agency implementing 36

regulations, 40 CFR Part 763, Subpart E

- Asbestos

- Containing 37

Materials in Schools. 38

"AHERA Facility" means any structure subject to the federal 39

AHERA requirements. 40

"Asbestos" means the asbestiform varieties of serpentine 41

(chrysotile), riebeckite (crocidolite), cummingtonite

- gru nerite 42

(amosite), anthophyllite, [ and ] actinolite

- tremolite , and Libby 43

amphibole

. 44

"Asbestos Abatement Project" means any activity involving the 45R307

- 801 September 23 , 2015 Page 3 of 34

removal, repair, demolition, salvage, disposal, cleanup, or other 1

disturbance of regulated asbestos

- containing material greater than 2

the small scale short duration (SSSD) amount of asbestos

3

containing material

. 4

"Asbestos Abatement Supervisor" means a person who is 5

certified according to R307

- 801

- 6 and is responsible for ensuring 6

work is conducted in accordance wit h the regulations and best work 7

practices for asbestos abatement or renovation projects. 8

"Asbestos Abatement Worker" means a person who is certified 9

according to R307

- 801

- 6 and performs asbestos abatement or 10

renovation projects. 11

"Asbestos

- Containing Mate rial (ACM)" means any material 12

containing more than 1% asbestos by the method specified in 40 CFR 13

Part 763, Subpart E, Appendix E, Section 1, Polarized Light 14

Microscopy (PLM), or, if the asbestos content is greater than a 15

trace amount of asbestos, but less than 10% asbestos , the asbestos 16

concentration shall be determined by point counting using PLM or 17

any other method acceptable to the director. 18

"Asbestos

- Containing Waste Material (ACWM)" means any waste 19

generated from regulated asbestos

- containing materia l (RACM) that 20

contains any amount of asbestos and is generated by a source 21

subject to the provisions of R307

- 801. This term includes filters 22

from control devices, friable asbestos

- containing waste material, 23

and bags or other similar packaging contaminated with asbestos. As 24

applied to demolition and renovation projects, this term also 25

includes regulated asbestos

- containing material waste and 26

materials contaminated with asbestos including disposable 27

equipment and clothing. 28

"Asbestos Inspection" means any act ivity undertaken to 29

identify the presence and location, or to assess the condition, of 30

asbestos

- containing material or suspected asbestos

- containing 31

material, by visual or physical examination, or by collecting 32

samples of the material. This term includes r e

- inspections of the 33

type described in AHERA, 40 CFR 763.85(b), of known or assumed 34

asbestos

- containing material which has been previously identified. 35

The term does not include the following: 36

(a) Periodic surveillance of the type described in AHERA, 40 37

C FR 763.92(b), solely for the purpose of recording or reporting a 38

change in the condition of known or assumed asbestos

- containing 39

material; 40

(b) Inspections performed by employees or agents of federal, 41

state, or local government solely for the purpose of r egulatory 42

oversight and/or determining compliance with applicable statutes 43

or regulations; or 44

(c) Visual inspections of the type described in AHERA, 40 45R307

- 801 September 23 , 2015 Page 4 of 34

CFR 763.90(i), solely for the purpose of determining completion of 1

response actions. 2

"Asbestos Inspec tion Report" means a written report as 3

specified in R307

- 801

- 10(6) describing an asbestos inspection 4

performed by a certified asbestos inspector. 5

"Asbestos NESHAP" means the National Emission Standards for 6

Hazardous Air Polluta nts, 40 CFR Part 61, Subpart M, [ the ] National 7

Emission Standard for Asbestos. 8

"Asbestos Removal" means the stripping of friable ACM from 9

regulated facility components or the removal of structural 10

components that contain or are covered with friable ACM from a 11

reg ulated facility. 12

"Category I Non

- Friable Asbestos

- Containing Material" means 13

asbestos

- containing packings, gaskets, resilient floor coverings, 14

or asphalt roofing products containing more than 1% asbestos as 15

determined by using the method specified in 40 C FR Part 763, 16

Subpart E, Appendix E, Section 1, Polarized Light Microscopy 17

(PLM). 18

"Category II Non

- Friable Asbestos

- Containing Material" means 19

any material, excluding Category I non

- friable ACM, containing 20

more than 1% asbestos as determined by using the m ethods specified 21

in 40 CFR Part 763, Subpart E, Appendix E, Section 1, Polarized 22

Light Microscopy (PLM) that, when dry, cannot be crumbled, 23

pulverized, or reduced to powder by hand pressure. 24

"Condominium" means a building or complex of buildings in 25

which units of property are owned by individuals and common parts 26

of the property, such as the grounds, common areas, and building 27

structure, are owned jointly by the condominium unit owners. 28

"Containerized" means sealed in a leak

- tight and durable 29

container. 30

"Debris" means friable or regulated asbestos

- containing 31

material that has been dislodged and has fallen from its original 32

substrate and position or which has fallen while remaining 33

attached to substrate sections or fragments. 34

"Demolition Project" means th e wrecking, salvage, or removal 35

of any load

- supporting structural member of a regulated facility 36

together with any related handling operations, or the intentional 37

burning of any regulated facility. This includes the moving of an 38

entire building, but exclud es the moving of structures, vehicles, 39

or equipment with permanently attached axles, such as trailers, 40

motor homes, and mobile homes that are specifically designed to be 41

moved. 42

"Director" means the Director of the Utah Division of Air 43

Quality. 44

"Disturb" means to disrupt the matrix, crumble, pulverize, or 45R307

- 801 September 23 , 2015 Page 5 of 34

generate visible debris from ACM or RACM. 1

"Emergency Abatement or Renovation Project" means any 2

asbestos abatement or renovation project which was not planned and 3

results from a sudden, unexpected event that, if not immediately 4

attended to, presents a safety or public health hazard, is 5

necessary to protect equipment from damage, or is necessary to 6

avoid imposing an unreasonable financial burden as determined by 7

the director. This term includes operations necessitated by non

8

routine failure of equipment, natural disasters, fire, or 9

flooding, but does not include situations caused by the lack of 10

planning. 11

"Encapsulant" means a permanent coating applied to the 12

surface of friable ACM for the purpose of preven ting the release 13

of asbestos fibers. The encapsulant creates a membrane over the 14

surface (bridging encapsulant) or penetrates the material and 15

binds its components together (penetrating encapsulant). 16

"Friable Asbestos

- Containing Material [ (Friable ACM) ]" m eans 17

any asbestos

- containing material that, when dry, can be crumbled, 18

pulverized, or reduced to powder by hand pressure. 19

"Glove bag" means an impervious plastic bag

- like enclosure, 20

not [ more than ] to exceed 60 x 60 inches, affixed around an 21

asbestos

- conta ining material, with glove

- like appendages through 22

which material and tools may be handled. 23

"General Building Remodeling Activities" means the alteration 24

in any way of one or more regulated structure components, 25

excluding asbestos abatement, renovation, a nd demolition projects. 26

"Government Official" means an engineer, building official, 27

or health officer employed by a governmental jurisdiction that has 28

a responsibility for public safety or health in the jurisdiction 29

where the structure is located

. 30

"High

- Efficiency Particulate Air (HEPA)" means a filtration 31

system capable of trapping and retaining at least 99.97% of all 32

mono

- dispersed particles 0.3 micron in diameter. 33

"Inaccessible" means in a physically restricted or obstructed 34

area, or covered in such a way that detection or removal is 35

prevented or severely hampered. 36

"Inspector" means a person who is certified according to 37

R307

- 801

- 6, conducts asbestos inspections, or oversees the 38

preparation of asbestos inspection reports. 39

"Libby Amphibole" means loose

- fill vermiculite type 40

insulation material originating in Libby, Montana, or elsewhere, 41

used in regulated facilities subject to this rule and has greater 42

than 1% asbestiform varieties of serpentine (chrysotile), 43

riebeckite (crocidolite), cummingtonite

- grun erite (amosite), 44

anthophyllite, and actinolite

- tremolite, as defined earlier in 45R307

- 801 September 23 , 2015 Page 6 of 34

this section, and winchite, richterite, tremolite, magnesio

1

riebikite, magnesio

- arfvedsonite, and edenite using United States 2

Environmental Protection Agency Method EPA/600/R93 /116 or other 3

method as approved by the director. 4

"Management Plan" means a document that meets the 5

requirements of AHERA for management plans for asbestos in 6

schools. 7

"Management Planner" means a person who is certified 8

according to R307

- 801

- 6 and oversees the preparation of management 9

plans for school buildings subject to AHERA. 10

"Model Accreditation Plan (MAP)" means 40 CFR Part 763, 11

Subpart E, Appendix C, Asbestos Model Accreditation Plan. 12

"NESHAP Amount" means combined amounts in a project that 13

total: 14

(a) 260 linear feet (80 linear meters) of pipe covered with 15

RACM; 16

(b) 160 square feet (15 square meters) of RACM used to cover 17

or coat any duct, boiler, tank, reactor, turbine, equipment, 18

structural member, or regulated facility component; or 19

(c) 35 cubic feet (one cubic meter) of RACM removed from 20

regulated facility structural members or components where the 21

length and area could not be measured previously. 22

"NESHAP Facility" means any institutional, commercial, 23

public, industrial, or residen tial structure, installation, or 24

building, (including any structure, installation, or building 25

containing condominiums or individual dwelling units operated as a 26

residential co

- operative, but excluding residential buildings 27

having four or fewer dwelling un its); any ship; and any active or 28

inactive waste disposal site. For purposes of this definition, any 29

building, structure, or installation that contains a loft used as 30

a dwelling is not considered a residential structure, 31

installation, or building. Any stru cture, installation, or 32

building that was previously subject to the Asbestos NESHAP is not 33

excluded, regardless of its current use or function. 34

"NESHAP

- Sized Project" means any project that involves at 35

least the NESHAP amount of ACM. 36

"Non

- Friable Asbesto s

- Containing Material" means any material 37

containing more than 1% asbestos, as determined using the methods 38

specified in 40 CFR Part 763, Subpart E, Appendix E, Section 1, 39

Polarized Light Microscopy (PLM), that, when dry, cannot be 40

crumbled, pulverized, or reduced to powder by hand pressure. 41

"Open Top Catch Bag" means either an asbestos waste bag or 42

six mil polyethylene sheeting which is sealed at both ends and 43

used by certified asbestos abatement workers, in a manner not to 44

disturb the matrix of the asbes tos

- containing material, to collect 45R307

- 801 September 23 , 2015 Page 7 of 34

preformed RACM pipe insulation in either a crawl space or pipe 1

chase less than six feet high or less than three feet wide. 2

"Phased Project" means either an asbestos abatement, 3

renovation, or demolition project that co ntains multiple start and 4

stop dates corresponding to separate operations or areas where the 5

entire asbestos abatement, renovation, or demolition project 6

cannot or will not be performed continuously. 7

"Preformed RACM Pipe Insulation" means prefabricated 8

as bestos

- containing thermal system insulation on pipes formed in 9

sections that can be removed without disturbing the matrix of the 10

asbestos

- containing material. 11

"Project Designer" means a person who is certified according 12

to R307

- 801

- 6 and prepares a design for an asbestos abatement 13

project in school buildings subject to AHERA or prepares an 14

asbestos clean

- up plan in a regulated facility where an asbestos 15

disturbance greater than the SSSD amount has occurred. 16

"Regulated Asbestos

- Containing Material (RACM)" means friable 17

ACM, Category I non

- friable ACM that has become friable, Category 18

I non

- friable ACM that will be or has been subjected to sanding, 19

grinding, cutting, or abrading, or Category II non

- friable ACM 20

that has a high probability of becoming or has b ecome crumbled, 21

pulverized, or reduced to powder by the forces expected to act on 22

the material in the course of demolition or renovation project 23

operations. 24

"Regulated Facilities" means residential facilities, AHERA 25

facilities, or NESHAP facilities where: 26

(a) A sample has been identified and analyzed to contain, or 27

is assumed under R307

- 801

- 10(5) to contain, greater than 1% 28

asbestos; and 29

(b) The material from where the sample was collected will be 30

disturbed and rendered friable during the abatement, de molition, 31

or renovation activities. 32

"Regulated Facility Component" means any part of a regulated 33

facility including equipment. 34

"Renovation Project" means any activity involving the 35

removal, repair, salvage, disposal, cleanup, or other disturbance 36

of grea ter than the SSSD amount of RACM, but less than the NESHAP 37

amount of RACM, and the intent of the project is not asbestos 38

abatement or demolition. Renovation Projects can be performed in 39

NESHAP or residential facilities

, but cannot be performed in AHERA 40

fac ilities. 41

"Renovator" means a person who is certified according to 42

R307

- 801

- 6 and is responsible for ensuring work that is conducted 43

on a renovation project is performed in accordance with the 44

regulatory requirements and best work practices for a greater t han 45R307

- 801 September 23 , 2015 Page 8 of 34

the SSSD amount of RACM, but less than the NESHAP amount of RACM, 1

where the intent of the project is to perform a renovation project 2

and not to perform an asbestos abatement or demolition project. 3

Renovation projects can be performed in NESHAP or resid ential 4

facilities but cannot be performed in AHERA facilities. 5

"Residential Facility" means a building used primarily for 6

residential purpos es, has four or fewer units, [ and ] is otherwise 7

not subject to the Asbestos NESHAP , and is not a residential 8

outbuil ding structure of less than 100 square feet

. 9

"Small

- Scale, Short

- Duration (SSSD)" means a project that 10

removes or disturbs less than three square feet or three linear 11

feet of RACM in a regulated facility. 12

“Sprayed

- on or Painted

- on Ceiling Treatment” mean s a 13

surfacing material or treatment that has been applied to the 14

ceiling regardless of application method. The application of paint 15

that has no added materials is not considered a ceiling treatment. 16

"Strip" means to take off ACM from any part of a regulat ed 17

facility or a regulated facility component. 18

"Structural Member" means any load

- supporting member of a 19

regulated facility, such as beams and load

- supporting walls or any 20

non

- load supporting member, such as ceilings and non

- load 21

supporting walls. 22

"Suspe ct or Suspected Asbestos

- Containing Material" means all 23

building materials that have the potential to contain asbestos, 24

except building materials made entirely of glass, fiberglass, 25

wood, metal, or rubber. 26

"Training Hour" means at least 50 minutes of actu al learning, 27

including, but not limited to, time devoted to lecture, learning 28

activities, small group activities, demonstrations, evaluations, 29

and hands

- on experience. 30

"TSCA" means the Toxic Substances Control Act. 31

"TSCA Accreditation" means successful c ompletion of training 32

as an inspector, management planner, project designer, contractor

33

supervisor, or worker, as specified in the TSCA Title II. 34

"TSCA Title II" means 15 U.S.C. 2601 et seq., Toxic 35

Substances Control Act, Subchapter II

- Asbestos Hazard E mergency 36

Response. 37

"Unrestrained Access" means without fences, closed doors, 38

personnel, or any other method intended to restrict public entry. 39

"Waste Generator" means any owner or operator of an asbestos 40

abatement or renovation project covered by R307

- 80 1 whose act or 41

process produces ACWM. 42

"Working Day" means weekdays, Monday through Friday, 43

including holidays. 44

45R307

- 801 September 23 , 2015 Page 9 of 34

**R307**

**- 801** 

**- 4. Adoption and Incorporation of 40 CFR 763 Subpart E.**  1

(1) The provisions of 40 CFR 763 Subpart E, including 2

appendices, effect ive as of the date referenced in R307

- 101

- 3, are 3

hereby adopted and incorporated by reference. 4

(2) Implementation of the provisions of 40 CFR Part 763, 5

Subpart E, except for the Model Accreditation Plan, shall be 6

limited to those provisions for which the EPA has waived its 7

requirements in accordance with 40 CFR 763.98, Waiver; delegation 8

to State, as published at 52 FR 41826, (October 30, 1987). 9

10

**R307**

**- 801** 

**- 5. Company Certification.**  11

(1) All persons shall operate under: 12

(a) An asbestos company certifica tion before contracting for 13

hire, at a regulated facility, to conduct asbestos inspections, 14

create management plans, create project designs, or conduct 15

asbestos abatement projects, or 16

(b) Either a n asbestos renovation company certification or 17

asbestos co mpany certification before contracting for hire to 18

conduct asbestos abatement or renovation pr ojects at a regulated 19

facility. 20

(2) To obtain an asbestos company certification or an 21

asbestos 22

renovation company certification, all persons shall submit a 23

prope rly completed application for certification on a form 24

provided by the direc tor and pay the appropriate fee [ (renovation 25

company certification fee shall be $200.00 per year) ]. 26

(3) Unless revoked or suspended, an asbestos company 27

certification or an asbesto s renovation company certification 28

shall remain in effect until the expiration date provided by the 29

director. 30

31

**R307**

**- 801** 

**- 6. Individual Certification.**  32

(1) All persons shall h ave an individual 33

certification [ before contracting for hire, at a regulated 34

facil ity, ] to conduct asbestos inspections, create management 35

plans, create project designs, conduct asbestos renovation 36

projects, or conduct asbestos abatement projects at a regulated 37

facility

. 38

(2 ) To obtain certification as an asbestos abatement worker, 39

asbestos abatement supervisor, inspector, project designer, 40

renovator, or management planner, each person shall: 41

(a) Provide personal identifying information; 42

(b) Pay the appropriate fee [ (reno vator certification fee 43

shall be $100.00 per year) ]; 44

(c) Complete the appropriate form or forms provided by the 45R307

- 801 September 23 , 2015 Page 10 of 34

director; 1

(d) Provide certificates of initial and current refresher 2

training, if applicable, that demonstrate s accreditation in the 3

appropri ate discipline. Certificates from courses approved by the 4

director, courses approved in a state that has an accreditation 5

program that meets the TSCA Title II Appendix C Model 6

Accreditation Plan (MAP), or courses that are approved by EPA 7

under TSCA Title I I are acceptable unless the director has 8

determined that the course does not meet the requirements of TSCA 9

accreditation training required by R307

- 801; and 10

(e) Complete a new initial training course as required by 11

the AHERA MAP, or for the renovator cert ification, R307

- 801, if 12

there is a period of more than one year from the previous initial 13

or refresher training certificate expiration date. 14

(3) Duration and Renewal of Certification. 15

(a) Unless revoked or suspended, a certification shall 16

remain in eff ect until the expiration date of the current 17

certificate of TSCA accreditation for the specific discipline. 18

(b) To renew certification, the individual shall: 19

(i) Submit a properly completed application for renewal on a 20

form provided by the director; 21

( ii) Submit a current certificate of TSCA accreditation, or 22

for the renovator certification, a training certificate from a 23

renovator course accredited by the director, for initial or 24

refresher training in the appropriate discipline; and 25

(iii) Pay the app ropriate fee [ (renovator recertification fee 26

shall be $100.00 per year) ]. 27

28

**R307**

**- 801** 

**- 7. Denial and Cause for Suspension and Revocation of**  29

**Company and Individual Certifications.** 30

(1) An application for certification may be denied if the 31

individual, applican t company, or any principal officer of the 32

applicant company has a documented history of non

- compliance with 33

the requirements, procedures, or standards established by R307

- 34

801, R307

- 214

- 1, which incorporates the Asbestos NESHAP, AHERA, or 35

with the requirem ents of any other entity regulating asbestos 36

activities and training programs. 37

(2) The director may revoke or suspend any certification 38

based upon documented violations of any requirement of R307

- 801, 39

AHERA, or the Asbestos NESHAP, including but not limi ted to: 40

(a) Falsifying or knowingly omitting information in any 41

written submittal required by those regulations; 42

(b) Permitting the duplication or use of a certificate of 43

TSCA accreditation for the purpose of preparing a falsified 44

written submittal; or 45R307

- 801 September 23 , 2015 Page 11 of 34

(c) Repeated work practice violations. 1

2

**R307**

**- 801** 

**- 8. Approval of Training Courses.**  3

(1) To obtain approval of a training course, the course 4

provider shall provide a written application to the director that 5

includes: 6

(a) The name, address, telephone n umber, and institutional 7

affiliation of the person sponsoring the course; 8

(b) The course curriculum; 9

(c) A letter that clearly indicates how the course meets the 10

Model Accreditation Plan (MAP) and R307

- 801 requirements for 11

length of training in hours, amount and type of hands

- on training, 12

examinations (including length, format, example of examination or 13

questions, and passing scores), and topics covered in the course; 14

(d) A copy of all course materials, including student 15

manuals, instructor notebooks, handouts, etc.; 16

(e) The names and qualifications of all course instructors, 17

including all academic credentials and field experience in 18

asbestos abatement projects, inspections, project designs, 19

management planning, or renovation projects; 20

(f) An examp le of numbered certificates issued to students 21

who attend the course and pass the examination. The certificate 22

shall include a unique certificate number; the name of the 23

student; the name of the course completed; the dates of the course 24

and the examination ; an expiration date one year from the date the 25

student completed the course and examination, or for the purposes 26

of the renovator course, a progressive lengthening of the 27

refresher training schedule of one year after the initial 28

training, three years afte r the first refresher training, and five 29

years after the second refresher training and all subsequent 30

refresher training courses; the name, address, and telephone 31

number of the training provider that issued the certificate; and a 32

statement that the person receiving the certificate has completed 33

the requisite training for TSCA or director accreditation; 34

(g) A written commitment from the training provider to teach 35

the submitted training course(s) in Utah on a regular basis; and 36

(h) Payment of the appropri ate fee. 37

(2) To maintain approval of a training course, the course 38

provider shall: 39

(a) Provide training that meets the requirements of R307

- 801 40

and the MAP; 41

(b) Provide the director with the names, government

- issued 42

picture identification card number , and certificate numbers of all 43

persons successfully completing the course within 30 working days 44

of successful completion; 45R307

- 801 September 23 , 2015 Page 12 of 34

(c) Keep the records specified for training providers in the 1

MAP for three years; 2

(d) Permit the director or authorized represe ntative to 3

attend, evaluate, and monitor any training course without 4

receiving advance notice from the director and without charge to 5

the director; and 6

(e) Notify the director of any new course instructor ten 7

working days prior to the day the new instruc tor presents or 8

teaches any course for Renovator or TSCA Accreditation purposes. 9

The training notification form shall include: 10

(i) The name and qualifications of each course instructor, 11

including appropriate academic credentials and field experience in 12

a sbestos abatement projects, inspections, management plans, 13

project designs, or renovations; and 14

(ii) A list of the course(s) or specific topics that will be 15

taught by the instructor. 16

(f) Submit the initial or refresher course materials 17

required by R307

- 801

- 8(1) to the director for course re

18

accreditation in a time period not to exceed four years. 19

(3) All course providers that provide an AHERA or Renovator 20

training course or refresher course in the state of Utah shall: 21

(a) Notify the director of the location, date, and time of 22

the course at least ten working days before the first day of the 23

course; 24

(b) Update the training notification form as soon as 25

possible before, but no later than one day before the original 26

course date if the course is reschedu led or canceled before the 27

course is held; and 28

(c) Allow the director or authorized representative to 29

conduct an audit of any course provided to determine whether the 30

course provider meets the requirements of the MAP and of R307

- 801. 31

(4) Renovator Cert ification Course. The renovator 32

certification course shall be a minimum of eight training hours, 33

with a minimum of two hours devoted to hands

- on training 34

activities, and shall include an examination of at least 25 35

questions that the student [ must ] shall pas s with a 70% or greater 36

proficiency rate. Instruction in the topics described in R307

- 801

- 37

8(4)(c), (d), and (e) shall be included in the hands

- on portion of 38

the course. The minimum curriculum requirements for the renovator 39

certification course shall adequa tely address the following 40

topics: 41

(a) The physical characteristics of asbestos and asbestos

42

containing materials, including identification of asbestos, 43

aerodynamic characteristics, typical uses, physical appearance, a 44

review of hazard assessment conside rations, and a summary of 45R307

- 801 September 23 , 2015 Page 13 of 34

renovation project control options; 1

(b) Potential health effects related to asbestos exposure, 2

including the nature of asbestos

- related diseases, routes of 3

exposure, dose

- response relationships and the lack of a safe 4

exposure le vel, synergism between cigarette smoking and asbestos 5

exposure, and latency period for diseases; 6

(c) Personal protective equipment, including selection of 7

respirator and personal protective clothing, and handling of non

8

disposable clothing; 9

(d) State

- o f

- the

- art work practices, including proper work 10

practices for renovation projects, including descriptions of 11

proper construction and maintenance of barriers and 12

decontamination enclosure systems, positioning of warning signs, 13

lock

- out of electrical and ven tilation systems, proper working 14

techniques for minimizing fiber release, use of wet methods, use 15

of negative pressure exhaust ventilation equipment, use of HEPA 16

vacuums, and proper clean

- up and disposal procedures and state

- of

17

the

- art work practices for r emoval, encapsulation, enclosure, and 18

repair of ACM, emergency procedures for unplanned releases, 19

potential exposure situations, transport and disposal procedures, 20

and recommended and prohibited work practices. New renovation 21

project techniques and methodo logies may be discussed; 22

(e) Personal hygiene, including entry and exit procedures 23

for the work area, methods of decontamination, avoidance of 24

eating, drinking, smoking, and chewing (gum or tobacco) in the 25

work area, and methods to limit exposures to fam ily members; 26

(f) Medical monitoring, including OSHA requirements for 27

physical examinations, including a pulmonary function test, chest 28

x

- rays, and a medical history for each employee; 29

(g) Relevant federal and state regulatory requirements, 30

procedures, and standards, including: 31

(i) OSHA standards for permissible exposure to airborne 32

concentrations of asbestos fibers and respiratory protection (29 33

CFR 1910.134); 34

(ii) OSHA Asbestos Construction Standard (29 CFR 1926.1101); 35

and 36

(iii) UAC R307

- 801 Utah Asbestos Rule. 37

(h) Recordkeeping and notification requirements for 38

renovation projects including records and project notification[ s ] 39

forms required by state regulations and records recommended for 40

legal and insurance purposes; 41

(i) Supervisory techniqu es for renovation projects, 42

including supervisory practices to enforce and reinforce the 43

required work practices and discourage unsafe work practices; and 44

(j) Course review, including a review of key aspects of the 45R307

- 801 September 23 , 2015 Page 14 of 34

training course. 1

(5) Renovator Recert ification Course. The renovator 2

recertification course shall be a minimum of four hours, shall 3

adequately address changes in the federal regulations, state 4

administrative rules, state

- of

- the

- art developments, appropriate 5

work practices, employee personal p rotective equipment, 6

recordkeeping, and notification requirements for renovation 7

projects, and shall include a course review. 8

9

**R307**

**- 801** 

**- 9. Asbestos Abatement, Renovation, and Demolition**  10

**Projects: Requirement to Inspect.** 11

(1) Applicability. Contractors a re required to have an 12

asbestos inspection performed by a Utah certified asbestos 13

inspector working for a Utah certified asbestos company. The 14

asbestos inspection report shall be on

- site and available when 15

regulated work activities are being performed. Own ers of 16

residential structures including condominium owners of four units 17

or less

, not otherwise subject to the Asbestos NESHAP

, are not 18

required to perform asbestos inspections. Owners of a condominium 19

complex of more than four units are subject to R307

- 80 1, may also 20

be subject to the Asbestos NESHAP [ and R307

- 801 and may be ]

, but 21

are required to perform asbestos inspections. 22

[ Contractors for hire are subject to the inspection requirements 23

of R307

- 801

- 9. ] 24

(2) Except as described in R307

- 801

- 9(1) and 9(3), the owner 25

and operator shall ensure that the regulated facility to be 26

demolished, abated, or renovated is thoroughly inspected for 27

asbestos

- containing material by an inspector certified under the 28

provisions of R307

- 801

- 6. An asbestos inspection report sha ll be 29

generated according to the provisions of R307

- 801

- 10 and completed 30

prior to the start of the asbestos abatement, renovation, or 31

demolition project if materials required to be identified in R307

- 32

801

- 10(3) will be disturbed during that project. The op erator 33

shall make the asbestos inspection report available on

- site to all 34

persons who have access to the site for the duration of the 35

renovation, abatement, or demolition project, and to the director 36

or authorized representative upon request. 37

(3) If the regulated facility has been ordered to be 38

demolished because it is found by a government official to be 39

structurally unsound and in danger of imminent collapse or a 40

public health hazard, the operator may demolish the regulated 41

facility without having the r egulated facility inspected for 42

asbestos. If no asbestos inspection is conducted, the operator 43

shall: 44

(a) Ensure that all resulting demolition project debris is 45R307

- 801 September 23 , 2015 Page 15 of 34

disposed of as asbestos

- containing waste material (ACWM)[

, ] 1

according to R307

- 801

- 1[ 5. If th e asbestos contaminated 2

demolition project debris cannot be properly containerized, the 3

operator shall: 4

(i) Obtain approval for an alternative work practice from 5

the director prior to disposing of the ACWM ] 4 6

; or 7

([ ii ] b ) reduce the amount of ACWM by [ S ] s egregat [ e ] ing the 8

ACWM from non

- ACWM debris under the direction of an asbestos 9

inspector certified according to R307

- 801

- 6 working for a company 10

certified according to R307

- 801

- 5 [

. 11

(b) ] and [ C ] c lean and encapsulate non

- porous debris as non

12

ACWM by asbest os abatement supervisors or asbestos abatement 13

workers who are certified according to R307

- 801

- 6 and working for 14

a company certified according to R307

- 801

- 5. 15

(4) If an [ A ] a sbestos inspection[ s ] report older than three 16

years will be used for a regulate d asbestos renovation, abatement, 17

or demolition activity, the asbestos inspection report shall be 18

reviewed and updated, as necessary, by an inspector who is 19

certified according to R307

- 801

- 6 and working for a company 20

certified according to R307

- 801

- 5. The report does not need to be 21

reviewed until a time that it will be used for regulatory purposes 22

such as an abatement, renovation, or demolition activity. If the 23

inspection report is still accurate, then the inspector shall 24

provide [ a letter of review, or s ome other form of 25

documentation, ] written documentation stating that the inspection 26

report is still accurate. If the inspection report is not 27

accurate, then the inspector shall provide written documentation, 28

including new sample results, if necessary, such that the 29

inspection report meets all requirements of R307

- 801. 30

31

**R307**

**- 801** 

**- 10. Asbestos Abatement, Renovation, and Demolition**  32

**Projects: Asbestos Inspection Procedures.** 33

Asbestos inspectors shall use the following procedures when 34

conducting an asbestos insp ection of facilities to be abated, 35

demolished, or renovated: 36

(1) Determine the scope of the abatement, demolition, or 37

renovation project by identifying which parts and how the facility 38

will be abated, demolished, or renovated (e.g. conventional 39

demolitio n methods, fire training, etc.). 40

(2) Inspect the affected facility or part of the facility 41

where the abatement, demolition, or renovation project will occur. 42

(3) Identify all accessible suspect asbestos

- containing 43

material (ACM) in the affected facilit y or part of the facility 44

where 45R307

- 801 September 23 , 2015 Page 16 of 34

the abatement, demolition, or renovation project will occur. 1

Residential facilities built on or after January 1, 1981, are only 2

required to identify all accessible sprayed

- on [ acoustical ] or 3

painted

- on ceiling [ material ] treat ment that contained or may 4

contain asbestos fiber , asbestos cement siding or roofing 5

materials

, resilient flooring products including vinyl 6

[ floor ] asbestos tile , sheet vinyl products, resilient flooring 7

backing material, whether attached or unattached, and mastic

, 8

thermal

- system insulation or tape on a duct or furnace, or 9

vermiculite type insulation materials in the affected facility or 10

part of the facility where the abatement, demolition, or 11

renovation project will occur. 12

(4) Follow the sampling protocol in 40 CFR 763.86 (Asbestos

13

Containing Materials in Schools) or a sampling method approved by 14

the director to demonstrate that suspect ACM required to be 15

identified by R307

- 801

- 10(3) does not contain asbestos. 16

(5) Asbestos samples are not required to be collected and 17

analyzed if the certified inspector assumes that all unsampled 18

suspect ACM required to be identified by R307

- 801

- 10(3) contains 19

asbestos and is ACM; and 20

(6) Complete an asbestos inspection report containing all of 21

the following information in a format approved by the director: 22

(a) A description of the affected area and a description of 23

the scope of activities as described in R307

- 801

- 10(1); 24

(b) A list of all suspect ACM required to be identified by 25

R307

- 801

- 10(3) in the affected area. In clude a description of the 26

suspect ACM sufficient to be able to identify the material. For 27

each suspect material required to be identified by R307

- 801

- 10(3), 28

provide the following information: 29

(i) The amount of suspect ACM required to be identified by 30

R3 07

- 801

- 10(3) in linear feet, square feet, or cubic feet; 31

(ii) A clear description of the distribution of the suspect 32

ACM required to be identified by R307

- 801

- 10(3) in the affected 33

area; 34

(iii) A statement of whether the material was assumed to 35

contain asbestos, sampled and demonstrated to contain asbestos, or 36

sampled and demonstrated to not contain asbestos; and 37

(iv) A written determination or table of whether the 38

material is regulated asbestos

- containing material (RAC M), 39

Category I non

- friable ACM, [ or ] Category II non

- friable ACM that 40

may or will become friable when subjected to the proposed 41

abatement, renovation, or demolition project activities , or other 42

suspect ACM that has either not been tested and assumed to contain 43

asbestos, or has been tested by an accredited asbestos laboratory 44

and found not to contain asbestos greater than 1%

. 45R307

- 801 September 23 , 2015 Page 17 of 34

(c) A list of all asbestos bulk samples required to be 1

identified from suspect ACM by R307

- 801

- 10(3) in the affected 2

area, including the following information for ea ch sample: 3

(i) Which suspect ACM required to be identified by R307

- 801

- 4

10(3) the sample represents; 5

(ii) A clear description of each sample location; 6

(iii) The types of analyses performed on the sample; 7

(iv) The amounts of each type of asbestos in the sample as 8

indicated by the analytical results. 9

(d) A list of potential locations of suspect ACM required to 10

be identified by R307

- 801

- 10(3) that were not accessible to 11

inspect and that may be part of the affected area; and 12

(e) A list of all the asbestos inspector names, company 13

names, and certification numbers. 14

(7) Floor plans or architectural drawings and similar 15

representations may be used to identify the location of suspect 16

ACM or samples required to be identified by R307

- 801

- 10(3). 17

(8) A nalysis of samples shall be performed by: 18

(a) Persons or laboratories accredited by a nationally 19

recognized testing program such as the National Voluntary 20

Laboratory Accreditation Program (NVLAP), or 21

(b) Persons or laboratories that have been rated ove rall 22

proficient by demonstrating passing scores for at least two of the 23

last three consecutive rounds out of the four annual rounds of the 24

Bulk Asbestos Proficiency Analytical Testing program administered 25

by the American Industrial Hygiene Association (AIH A) or an 26

equivalent nationally

- recognized interlaboratory comparison 27

program. 28

[ (9) Inspection reports of residential facilities shall be 29

submitted to the director. ] 30

31

**R307**

**- 801** 

**- 11. Asbestos Abatement, Renovation, and Demolition**  32

**Projects: Notification and Asbestos Removal Requirements.**  33

(1) Demolition Projects. 34

(a) [ If the amount of regulated asbestos

- containing material 35

(RACM) in the regulated facility is the small scale short duration 36

(SSSD) amount, t ] T he operator shall submit a properly completed 37

demo lition [ project ] notification form at least ten working days 38

before the start of a demolition project along with payment of the 39

appropriate fee. The operator cannot start the demolition project 40

until all regulated asbestos

- containing material (RACM) has bee n 41

properly removed

. 42

[ (b) If the amount of RACM in the regulated facility is 43

greater than the SSSD amount but less than the NESHAP amount, the 44

operator shall submit a demolition project notification form at 45R307

- 801 September 23 , 2015 Page 18 of 34

least ten working days before the start of the d emolition project 1

and a less than NESHAP asbestos notification form at least one 2

working day before commencing removal, and shall remove the RACM 3

according to the work practice provisions of R307

- 801

- 14 and 4

according to the certification requirements of R3 07

- 801

- 5 and 6 5

before the demolition project proceeds. 6

(c) If the amount of RACM in the regulated facility is 7

greater than or equal to the NESHAP amount, the operator shall 8

submit an asbestos abatement project notification form at least 9

ten working days before the asbestos removal begins, and the 10

demolition project shall not proceed until after all RACM has been 11

removed from the regulated facility. ] 12

([ d ] b ) If any regulated facility is to be demolished by 13

intentional burning, the operator, in addition to the demolition 14

notification form specified in R307

- 801

- 11(1)(a)[ , (b), or (c) ], 15

shall ensure that all ACM, including Category I non

- friable 16

asbestos

- containing material (ACM), Category II non

- friable ACM, 17

and RACM is removed from the regulated facility be fore burning. 18

([ e ] c ) If the regulated facility has been ordered to be 19

demolished by a government official because it is found to be 20

structurally unsound and in danger of imminent collapse or a 21

public health hazard, the operator shall submit a demolition 22

project notification form, with a copy of the order signed by the 23

appropriate government official, as soon as possible before, but 24

no later than, the next working day after the demolition project 25

begins. [ An extension of up to five working days may be requ ested 26

by the sender for the government ordered demolition documentation 27

upon written request. ] 28

(2) Asbestos Abatement and Renovation Projects. 29

(a) If the amount of RACM that would be disturbed or 30

rendered inaccessible by the asbestos abatement or renov ation 31

project is the SSSD amount, then no additional requirements are 32

necessary prior to general building remodeling activities. 33

(b) If the amount of RACM that would be disturbed or 34

rendered inaccessible by the asbestos abatement or renovation 35

project is greater than the SSSD amount, but less than the NESHAP 36

amount, then the operator shall: 37

(i) Submit an asbestos abatement project notification form 38

at least one working day before asbestos removal begins as 39

described in R307

- 801

- 12, unless the removal wa s properly included 40

in an annual asbestos notification form submitted pursuant to 41

R307

- 801

- 11(2)(e); 42

(ii) Remove RACM according to asbestos work practices of 43

R307

- 801

- 1[ 4 ] 3 , the certification requirements of R307

- 801

- 5 and 44

6, and the disposal requirement s of R307

- 801

- 1[ 5 ] 4 before 45R307

- 801 September 23 , 2015 Page 19 of 34

performing general building remodeling activities. 1

(c) If the amount of RACM that would be disturbed or 2

rendered inaccessible by the asbestos abatement project is greater 3

than or equal to the NESHAP amount, then the operator sh all: 4

(i) Submit an asbestos abatement project notification form 5

along with payment of the appropriate fee at least ten working 6

days before asbestos removal begins as described in R307

- 801

- 12; 7

(ii) Remove RACM according to the asbestos work practices of 8

R307

- 801

- 1[ 4 ] 3 , the certification requirements of R307

- 801

- 5 and 9

6, and the disposal requirements of R307

- 801

- 1[ 5 ] 4 before 10

performing general building remodeling activities. 11

(d) If the asbestos abatement or renovation project is an 12

emergency asbestos ab atement or renovation project, then the 13

notification form shall be submitted as soon as possible before, 14

but no later than

, the next working day after the emergency 15

asbestos abatement or renovation project begins. 16

(e) The operator shall submit an annual asbestos 17

notification form along with payment of the appropriate fee 18

according to the requirements of 40 CFR 61.145(a)(4)(iii) no later 19

than ten working days before the first day of January of the year 20

during which the work is to be performed in the follow ing 21

circumstances: 22

(i) The asbestos abatement projects are unplanned operation 23

and maintenance activities; 24

(ii) The asbestos abatement projects are less than NESHAP

25

sized; and 26

(iii) The total amount of asbestos to be disturbed in a 27

single NESHAP facility during these asbestos abatement projects is 28

expected to exceed the NESHAP amount in a calendar year. 29

(3) Owners and operators of general building remodeling 30

activities are not required to submit an asbestos abatement 31

project or renovation notif ication form to the director that do 32

not disturb suspect asbestos containing materials, do not disturb 33

building materials found to contain RACM by an inspector who is 34

certified according to R307

- 801

- 6, or do not disturb materials 35

that will become RACM as p art of the general building remodeling 36

activities. 37

(4) For notification purposes, asbestos abatement, 38

renovation, or demolition projects shall be no longer than one 39

year in duration. 40

(5) Revise the notification form, as necessary, when any 41

information on the original notification or any subsequent 42

notification forms changes. 43

44

**R307**

**- 801** 

**- 12. Asbestos Abatement, Renovation, and Demolition**  45R307

- 801 September 23 , 2015 Page 20 of 34

**Projects: Notification Procedures and Contents.** 1

(1) All notification forms required by R307

- 801

- 11 shall be 2

submitte d in writing on the appropriate form provided by the 3

director and shall be postmarked or received by the director in 4

accordance with R307

- 801

- 11, or shall be submitted using the 5

Division of Air Quality electronic notification system and 6

received by the dir ector in accordance with R307

- 801

- 11. The type 7

of notification and whether the notification is original or 8

revised shall be indicated. 9

(2) If the notification is an original demolition project 10

notification form, an original asbestos abatement project 11

not ification form for a NESHAP

- sized asbestos abatement project, 12

or an original asbestos annual notification form, the written 13

notice shall be sent with an original signature by U.S. Postal 14

Service, commercial delivery service, or hand delivery, or with an 15

el ectronic signature if submitted using the Division of Air 16

Quality electronic notification system. If the U.S. Postal Service 17

is used, the submission date is the postmark date. If other 18

service or hand delivery is used, the submission date is the date 19

that the document is received [ at ] by the director. If the Division 20

of Air Quality electronic notification system is used, the 21

submission date is the date that the notification is received by 22

the director. 23

(3) An original asbestos notification form for a less than 24

NESHAP

- sized asbestos abatement or renovation project or any 25

revised notification may be submitted by any of the methods in 26

R307

- 801

- 12(2), or by facsimile, by the date specified in R307

- 27

801

- 11. The sender shall ensure that the fax is legible. 28

(4) A ll original notification forms shall contain the 29

following information: 30

(a) The name, address, and telephone number of the owner of 31

the regulated facility [ and of any contractor working on the 32

project ] , the general contractor, the demolition contractor, and 33

the asbestos renovation or abatement contractor, if applicable ; 34

(b) Whether the operation is an asbestos abatement, 35

demolition, or a renovation project; 36

(c) A description of the regulated facility that includes 37

the total size of the structure or st ructures in square feet, [ the 38

number of ] including the square footage of all floors in a 39

multilevel or multi

- floor structure , the age, [ and ] the future, 40

present

, and prior uses of the [ regulated ] facility , including any 41

additional regulated structures affecte d by the project ; 42

(d) The names and certification numbers of the inspectors 43

and companies; 44

(e) The procedures, including analytical methods, used to 45R307

- 801 September 23 , 2015 Page 21 of 34

inspect for the presence of asbestos

- containing material (ACM); 1

(f) The location and address, includi ng building number or 2

name and floor or room number, street address, city, county, 3

state, and zip code of each regulated facility being demolished or 4

renovated; 5

(g) A description of procedures for handling the discovery 6

of unexpected ACM, Category I non

- friable ACM, or Category II non

7

friable ACM that has or will become friable or regulated; 8

(h) A description of planned asbestos abatement, demolition, 9

or renovation project work, including the asbestos abatement, 10

demolition, and renovation project techni ques to be used and a 11

description of the affected regulated facility components or 12

structural members; and 13

(i) If the project has phases, then provide the date and 14

times of each phase and the location and address of all regulated 15

facilities to be abated, demolished, or renovated. 16

(5) In addition to the information in R307

- 801

- 12(4), an 17

original demolition project notification form shall contain the 18

following information: 19

(a) An estimate of the amount of Category I non

- friable ACM 20

and non

- regulated ACM that will remain in the building during the 21

demolition project; 22

[ (b) Disposal of Category I ACM that is left in place during 23

demolition must comply with the waste shipment record and other 24

requirements found in R307

- 801

- 15(4) and 29 CFR 1926.1101; ] 25

([ c ] b ) The start and stop dates of the demolition project; 26

[ and ] 27

(c) The days that the demolition project will be conducted; 28

and 29

(d) If the regulated facility will be demolished under an 30

order of a government official, the name, title, government 31

agency, and authority of the government official ordering the 32

demolition project, the date the order was issued, and the date 33

the demolition project was ordered to commence. A copy of the 34

order shall be attached to the demolition project notification 35

form. 36

(6) In addition to the information required in R307

- 801

- 37

12(4) and (5), an original demolition project notification form 38

for phased demolition projects shall include: 39

(a) The start and stop dates for the entire phased project; 40

and 41

(b) The start and s top dates for each phase of the project[

, 42

if applicable ]. 43

(7) In addition to the information required in R307

- 801

- 44

12(4), (5), and (6), an original asbestos abatement project 45R307

- 801 September 23 , 2015 Page 22 of 34

notification form shall include: 1

(a) An estimate of the amount of ACM to be st ripped, 2

including which units of measure were used; 3

(b) The start and stop dates for asbestos abatement project 4

preparation; 5

(c) The times of day for every day that asbestos abatement 6

project will be conducted; 7

(d) A description of work practices and engineering controls 8

to be used to prevent emissions of asbestos at the demolition or 9

asbestos abatement project work site; 10

(e) The name and location of the waste disposal site where 11

the ACWM will be disposed, including the name and telephone number 12

of the waste disposal site contact; 13

(f) The name, address, contact person, and telephone number 14

of the waste transporters; and 15

(g) The name, contact person, and telephone number of the 16

waste generator. 17

(8) If an emergency asbestos abatement or renovatio n project 18

will be performed, then the notification form shall include the 19

date and hour the emergency occurred, a description of the event 20

and an explanation of how the event has caused unsafe conditions 21

or would cause equipment damage or unreasonable fina ncial burden. 22

(9) In addition to the information in R307

- 801

- 12(4) and 23

(5), an original asbestos abatement project annual notification 24

form shall contain the following information: 25

(a) An estimate of the approximate amount of ACM to be 26

stripped, includ ing which units of measure were used, if known; 27

(b) The start and stop dates of asbestos abatement project 28

work covered by the annual notification, if known; 29

(c) A description of work practices and engineering controls 30

to be used to prevent emissions o f asbestos at the asbestos 31

abatement project work site; 32

(d) The name and location of the waste disposal site where 33

the asbestos

- containing waste material (ACWM) will be disposed, 34

including the name and telephone number of the waste disposal site 35

contact; 36

(e) The name, address, contact person, and telephone number 37

of the waste transporters; and 38

(f) The name, contact person, and telephone number of the 39

waste generator. 40

(10) A revised notification form shall contain the following 41

information: 42

(a) The name, address, and telephone number of the owner of 43

the regulated facility, and any demolition, renovation, or 44

asbestos abatement project contractor or contractors working on 45R307

- 801 September 23 , 2015 Page 23 of 34

the project; 1

(b) Whether the operation is an asbestos abatement, a 2

demolition, or a renovation project; 3

(c) The date that the original notification form was 4

submitted; 5

(d) The applicable original start and stop dates for the 6

asbestos abatement, renovation, or demolition project; 7

(e) The revised start and stop dates and working hours, if 8

applicable, for asbestos abatement, renovation, or demolition 9

projects, for the entire project or for any phase of the project; 10

(f) The changes in the amount of asbestos to be removed 11

during the project if the asbestos removal amount increases or 12

decreases by more than 20%; [ and ] 13

(g) If the previously reported area of the building or 14

buildings to be demolished was inaccurate and needs to be changed, 15

then the demolition notification form shall be revised to include 16

the building area change and any additional fee shall be paid to 17

the Utah Division of Air Quality; and 18

([ g ] h ) Any [ other ] changes to the original or subsequently 19

revised notification form or forms

. Describe all changes made to 20

the revised notification form in the comments section o f that 21

form. 22

(11) If the asbestos removal amount is increased in the 23

revised notification form, then the appropriate fee shall be paid 24

to the Utah Division of Air Quality. 25

(12) If any project phase or an entire NESHAP

- sized asbestos 26

abatement, renovati on, or demolition project that requires a 27

notification form under R307

- 801

- 12(4) will commence on a date or 28

work times other than the date and work times submitted in the 29

origin al or the most recently revised [ written ] notification form, 30

the director shall be notified of the new start date and work 31

times by the following deadlines: 32

(a) If the new start date and work times are later than the 33

original start date and work times, then notice by telephone, fax, 34

or electronic means shall be given as soon as poss ible before the 35

start date and a revised [ notice ] notification form shall be 36

submitted in accordance with R307

- 801

- 12([ 9 ] 10 ) as soon as 37

possible before, but no later than, the original start date. If 38

the written notification form is received by the director no later 39

than the day before the original start date and work times, no 40

notice by telephone is required. 41

(b) If the new start date is earlier than the original start 42

date, submit a written notice in accordance with R307

- 801

- 43

12([ 9 ] 10 ) at least ten workin g days before beginning the project. 44

(c) In no event shall an asbestos abatement, renovation, or 45R307

- 801 September 23 , 2015 Page 24 of 34

demolition project covered by R307

- 801

- 12 begin on a date other 1

than the new start date submitted in the revised written notice. 2

3

[ **R307**

**- 801** 

**- 13. Asbestos Aba**  **tement Project: Requirements for** 4

**Certified Asbestos Abatement Supervisors and Abatement Workers.** 5

(1) An asbestos abatement supervisor who has been certified 6

under R307

- 801

- 6 shall be on

- site during asbestos abatement 7

project setup, asbestos removal, str ipping, cleaning and 8

dismantling of the project, and other handling of uncontainerized 9

regulated asbestos

- containing material (RACM). 10

(2) All persons handling greater than the small scale short 11

duration amount of uncontainerized RACM shall be asbestos 12

ab atement workers or asbestos abatement supervisors certified 13

under R307

- 801

- 6. ] 14

15

**R307**

**- 801** 

**- 1[**  **4 ]**  **3 . Asbestos Abatement and Renovation Project: Work**  16

**Practices.** 17

(1) An asbestos abatement supervisor who has been certified 18

under R307

- 801

- 6 shall be on

- site dur ing asbestos abatement 19

project setup, asbestos removal, stripping, cleaning and 20

dismantling of the project, and other handling of uncontainerized 21

regulated asbestos

- containing material (RACM). 22

(2) All persons handling any amount of uncontainerized RACM 23

d uring a regulated project shall be certified as an asbestos 24

abatement worker or an asbestos abatement supervisor certified 25

under R307

- 801

- 6. 26

([ 1 ] 3 ) Persons performing an asbestos abatement or 27

renovation project at a regulated facility shall follow the work 28

practices in R307

- 801

- 1[ 4 ] 3 . Where the work practices in R307

- 801

- 29

1[ 4 ] 3 ([ 1 ] 3 ) and ([ 2 ] 4 ) are required, wrap and cut, open top catch 30

bags, glove bags, and mini

- enclosures may be used in combination 31

with those work practices. 32

(a) Adequatel y wet regulated asbestos

- containing material 33

(RACM) with amended water before exposing or disturbing it, except 34

when temperatures are continuously below freezing (32 degrees F.), 35

and when all requirements in 40 CFR 61.145(c)(7) are met. 36

(b) Install barri ers and post warning signs to prevent 37

access to the work area. Warning signs shall conform to the 38

specifications of 29 CFR 1926.1101(k)(7). 39

(c) Keep RACM adequately wet until it is containerized and 40

disposed of in accordance with R307

- 801

- 1[ 5 ] 4

. 41

(d) En sure that RACM that is stripped or removed is promptly 42

containerized. 43

(e) Prevent visible particulate matter and uncontainerized 44

asbestos

- containing debris and waste originating in the work area 45R307

- 801 September 23 , 2015 Page 25 of 34

from being released outside of the negative pressure enclos ure or 1

designated work area. 2

(f) Filter all waste water to five microns before 3

discharging it to a sanitary sewer. 4

(g) Decontaminate the outside of all persons, equipment

, and 5

waste bags so that no visible residue is observed before leaving 6

the work ar ea. 7

(h) Apply encapsulant to RACM that is exposed but not 8

removed during stripping. 9

(i) Clean the work area, drop cloths, and other interior 10

surfaces of the enclosure using a high

- efficiency particulate air 11

(HEPA) vacuum and wet cleaning techniques unt il there is no 12

visible residue before dismantling barriers. 13

(j) After cleaning and before dismantling enclosure 14

barriers, mist all surfaces inside of the enclosure with a 15

penetrating encapsulant designed for that purpose. 16

(k) Handle and dispose of fria ble asbestos

- containing 17

material (ACM) and RACM according to the disposal provisions of 18

R307

- 801

- 1[ 5 ] 4

. 19

([ 2 ] 4 ) All operators of NESHAP

- sized asbestos abatement 20

projects shall install a negative pressure enclosure using the 21

following work practices. 22

(a) All openings to the work area shall be covered with at 23

least one layer of six mil or thicker polyethylene sheeting sealed 24

with duct tape or an equivalent barrier to air flow. 25

(b) If RACM debris is present in the proposed work area 26

prior to the start of a NESHAP

- sized asbestos abatement project, 27

the site shall be prepared by removing the debris using the work 28

practice requirements of R307

- 801

- 1[ 4 ] 3 and disposal requirements 29

of R307

- 801

- 1[ 5 ] 4 . If the total amount of loose visible RACM 30

debris throughout the entire work area is the SSSD amount, then 31

site preparation may begin after the notification form has been 32

submitted and before the end of the ten working day waiting 33

period. 34

(c) A decontamination unit constructed to the specifications 35

of R307

- 801

- 1[4] 3 ( [ 2 ] 4 )(h) shall be attached to the containment 36

prior to disturbing RACM or commencing a NESHAP

- sized asbestos 37

abatement project, and all persons shall enter and leave the 38

negative pressure enclosure or work area only through the 39

decontamination unit except in a life threatening emergency 40

situation

. 41

(d) All persons subject to R307

- 801 shall shower before 42

entering the clean

- room of the decontamination unit when exiting 43

the enclosure and shall follow all procedures required by 29 CFR 44

1926.1101(j)(1)(ii). 45R307

- 801 September 23 , 2015 Page 26 of 34

(e) No materials may be removed from the enclosure or 1

brought into the enclosure through any opening other than a waste 2

load

- out or a decontamination unit. 3

(f) The negative pressure enclosure of the work area shall 4

be constructed with the following spec ifications: 5

(i) Apply at least two layers of six mil or thicker 6

polyethylene sheeting or its equivalent to the floor extending at 7

least one foot up every wall and seal in place with duct tape or 8

its equivalent; 9

(ii) Apply at least two layers of four mi l or thicker 10

polyethylene sheeting or its equivalent to the walls without 11

locating seams in wall or floor corners; 12

(iii) Seal all seams with duct tape or its equivalent; 13

(iv) Maintain the integrity of all enclosure barriers; and 14

(v) Where a wall or f loor will be removed as part of the 15

NESHAP

- sized asbestos abatement project, polyethylene sheeting 16

need not be applied to that regulated facility component or 17

structural member. 18

(g) View ports shall be installed in the enclosure or 19

barriers where feasibl e, and view ports shall be: 20

(i) At least one foot square; 21

(ii) Made of clear material that is impermeable to the 22

passage of air, such as an acrylic sheet; 23

(iii) Positioned so as to maximize the view of the inside of 24

the enclosure from a position outs ide the enclosure; and 25

(iv) Accessible to a person outside of the enclosure. 26

(h) A decontamination unit shall be constructed according to 27

the following specifications: 28

(i) The unit shall be attached to the enclosure or work 29

area; 30

(ii) The decontami nation unit shall consist of at least 31

three chambers and meet all regulatory requirements of 29 CFR 32

1926.1101(j)(1)(i); 33

(iii) The clean room, which is the chamber that opens to the 34

outside, shall be no less than three feet wide by three feet long 35

by six feet high, when feasible; 36

(iv) The shower room, which is the chamber between the clean 37

and dirty rooms, shall have hot and cold or warm running water and 38

be no less than three feet wide by three feet long by six feet 39

high, when feasible; 40

(v) The dirty room, which is the chamber that opens to the 41

negative pressure enclosure or the designated work area, shall be 42

no less than three feet wide by three feet long by six feet high, 43

when feasible; 44

(vi) The dirty room shall be provided with an accessible 45R307

- 801 September 23 , 2015 Page 27 of 34

waste bag at any time that asbestos abatement project is being 1

performed. 2

(i) A separate waste load

- out following the specifications 3

below may be attached to the enclosure for removal of 4

decontaminated waste containers and decontaminated or wrapped 5

tools from the enclosure. 6

(i) The waste load

- out shall consist of at least one chamber 7

constructed of six mil or thicker polyethylene walls and six mil 8

or thicker polyethylene flaps or the equivalent on the outside and 9

inside entrances; 10

(ii) The waste load

- out c hamber shall be at least three feet 11

long, three feet high, and three feet wide; and 12

(iii) The waste load

- out supplies shall be sufficient to 13

decontaminate bags, and shall include a water supply with a 14

filtered drain, clean rags, disposable rags or wipes, and clean 15

bags. 16

(j) Negative air pressure and flow shall be established and 17

maintained within the enclosure by: 18

(i) Maintaining at least four air changes per hour in the 19

enclosure; 20

(ii) Routing the exhaust from HEPA filtered ventilation 21

units to the outside of the regulated facility whenever possible; 22

(iii) Maintaining a minimum of 0.02 column inches of water 23

pressure differential relative to outside pressure; and 24

(iv) Maintaining a monitoring device to measure the negative 25

pressure in the enclos ure. 26

([ 3 ] 5 ) In lieu of two layers of polyethylene on the walls 27

and the floors as required by R307

- 801

- 1 [ 4 ] 3 ( [ 2 ] 4 )(f)(i) and (ii), 28

the following work practices and controls may be used only under 29

the circumstances described below: 30

(a) When a pi pe insulation removal asbestos abatement 31

project is conducted the following may be used: 32

(i) Drop cloths extending a distance at least equivalent to 33

the height of the RACM around all RACM to be removed, or extended 34

to a wall and attached with duct tape o r equivalent; 35

(ii) Either the glove bag or wrap and cut methods may be 36

used; and 37

(iii) RACM shall be adequately wet before wrapping. 38

(b) When the RACM is scattered ACM and is found in small 39

patches, such as isolated pipe fittings, the following proce dures 40

may be used: 41

(i) Glove bags, mini

- enclosures as described in R307

- 801

- 42

1 [ 4 ] 3 ( [ 5 ] 7 )(c), or wrap and cut methods with drop cloths large 43

enough to capture all RACM fragments that fall from the work area 44

may be used. 45R307

- 801 September 23 , 2015 Page 28 of 34

(ii) If all asbestos disturbance i s limited to the inside of 1

negative pressure glove bags or a mini

- enclosure, then non

- glove 2

bag or non

- mini

- enclosure building openings need not be sealed and 3

negative pressure need not be maintained in the space outside of 4

the glove bags or mini

- enclosure during the asbestos removal 5

operation. 6

(iii) A remote decontamination unit may be used as described 7

in R307

- 801

- 1 [ 4 ] 3 ( [ 5 ] 7 )(d) only if an attached decontamination 8

unit is not feasible. 9

(c) When a preformed RACM pipe insulation asbestos abatement 10

proje ct in a crawl space or pipe chase less than six feet high or 11

less than three feet wide is conducted, the following may be used: 12

(i) Drop cloths extending a distance at least six feet 13

around all preformed RACM pipe insulation to be removed or 14

extended to a wall and attached with duct tape or equivalent; or 15

(ii) The open top catch bag method. 16

( [ 4 ] 6 ) During outdoor asbestos abatement projects, the work 17

practices of R307

- 801

- 1 [ 4 ] 3 shall be followed with the following 18

modifications: 19

(a) Negative pressure need not be maintained if there is not 20

an enclosure; 21

(b) Six mil polyethylene drop cloth, or equivalent, large 22

enough to capture all RACM fragments that fall from the work area 23

shall be used; and 24

(c) A remote decontamination unit as described in R307

- 801

- 25

1 [ 4 ] 3 ( [ 5 ] 7 )(d) may be used. 26

( [ 5 ] 7 ) Special work practices. 27

(a) If the wrap and cut method is used: 28

(i) The regulated facility component shall be cut at least 29

six inches from any RACM on that component; 30

(ii) If asbestos will be removed from the regulated facility 31

component to accommodate cutting, the asbestos removal shall be 32

performed using a single glove bag for each cut, and no RACM shall 33

be disturbed outside of a glove bag; 34

(iii) The wrapping shall be leak

- tight and shall consist of 35

two lay ers of six mil polyethylene sheeting, each individually 36

sealed with duct tape, and all RACM between the cuts shall be 37

sealed inside wrap; and 38

(iv) The wrapping shall remain intact and leak

- tight 39

throughout the removal and disposal process. 40

(b) If the o pen top catch bag method is used: 41

(i) The material to be removed can only be performed RACM 42

pipe insulation, and it shall be located in a crawl space or a 43

pipe chase less than six feet high or less than three feet wide; 44

(ii) Asbestos waste bags that ar e leak

- tight and strong 45R307

- 801 September 23 , 2015 Page 29 of 34

enough to hold contents securely shall be used; 1

(iii) The bag shall be placed underneath the stripping 2

operation to minimize ACM falling onto the drop cloth; 3

(iv) All material stripped from the regulated facility 4

component shall be placed in the bag; 5

(v) One asbestos abatement worker shall hold the bag and 6

another asbestos abatement worker shall strip the ACM into the 7

bag; and 8

(vi) A drop cloth extending a distance at least six feet 9

around all preformed RACM pipe insu lation to be removed, or 10

extended to a wall and attached with duct tape or equivalent shall 11

be used. 12

(c) If glove bags are used, they shall be under negative 13

pressure, and the procedures required by 29 CFR 14

1926.1101(g)(5)(iii) shall be followed. 15

(d) A remote decontamination unit may be used under the 16

conditions set forth in R307

- 801

- 1 [ 4 ] 3 ( [ 3 ] 5 )(b)

, [ or ] ( [ 4 ] 6 ), when 17

there is an area insufficient to construct a connected 18

decontamination unit, or when approved by the director. The remote 19

decontamination uni t shall meet all construction standards in 20

R307

- 801

- 1 [ 4 ] 3 ( [ 2 ] 4 )(h) and shall include: 21

(i) Outerwear shall be HEPA vacuumed or removed, and 22

additional clean protective outerwear shall be put on; 23

(ii) Either polyethylene sheeting shall be placed on the 24

path to the decontamination unit and the path shall be blocked or 25

taped off to prevent public access, or asbestos abatement workers 26

shall be conveyed to the remote decontamination unit in a vehicle 27

that has been lined with two layers of six mil or thicker 28

polyethylene sheeting or its equivalent; and 29

(iii) The polyethylene path or vehicle liner shall be 30

removed at the end of the project, and disposed of as ACWM. 31

(e) Mini

- enclosures, when used unde r approved conditions, 32

shall conform to the requirements of 29 CFR 1926.1101(g)(5)(vi). 33

( [ 6 ] 8 ) For asbestos

- containing mastic removal projects using 34

mechanical means, such as a power buffer, to loosen or remove 35

mastic from the floor, in lieu of two layer s of polyethylene 36

sheeting on the walls, splash guards of six mil or thicker 37

polyethylene sheeting shall be placed from the floor level a 38

minimum of three feet up the walls. 39

( [ 7 ] 9 ) Persons who improperly disturb more than the SSSD 40

amount of asbestos

- cont aining material and contaminate an area 41

with friable asbestos shall: 42

(a) Have the emergency clean

- up portion of the project, 43

including any portions not contained within a regulated facility 44

or in common use areas that cannot be isolated, performed as soo n 45R307

- 801 September 23 , 2015 Page 30 of 34

as possible by a company or companies certified according to R307

- 1

801

- 5, and, asbestos abatement supervisor(s), and asbestos 2

abatement worker(s) certified according to R307

- 801

- 6. 3

(b) Have an asbestos clean

- up plan designed by a Utah 4

certified asbestos project designer for the non

- emergency portion 5

of the project and have the asbestos clean

- up plan submitted to 6

the director for approval. An asbestos clean

- up plan is not 7

required when the disturbance results from a natural disaster, 8

fire, or flooding. 9

( c) Submit the project notification form required by R307

- 10

801

- 11 and 12 to the director for acceptance no later than the 11

next working day after the disturbance occurs or is discovered. 12

For fee calculation purposes, the size of the emergency clean

- up 13

projec t is the area that has been contaminated or potentially 14

contaminated by the disturbance and not the amount of asbestos

15

containing material disturbed. 16

(d) Notify the director of project completion by telephone, 17

fax, or electronic means by the day of compl etion and before 18

leaving the site. 19

(10) For asbestos abatement, renovation, or demolition 20

projects that remove or otherwise disturb loose

- fill vermiculite 21

type insulation materials assumed to be regulated asbestos

22

containing material or found to contain greater than 1% regulated 23

asbestiform fibers, then the material being removed is considered 24

regulated asbestos

- containing material and shall meet all the 25

appropriate regulatory requirements of R307

- 801. Regulated 26

vermiculite shall be removed to the maximum extent possible and 27

the area where the regulated vermiculite was found shall be 28

sprayed with a bridging or penetrating encapsulant to help 29

minimize the amount of asbestiform fibers becoming airborne. 30

31

**R307**

**- 801** 

**- 1**  **[ 5**  **] 4**  **. Disposal and Handling of Asbestos Was te.**  32

(1) Owners and operators of regulated facilities shall 33

containerize asbestos

- containing waste material (ACWM) while 34

adequately wet. 35

(2) ACWM containers shall be leak

- tight and strong enough to 36

hold contents securely and be labeled with an OSHA warn ing label 37

found in 29 CFR 1926.1101(k)(8)

. 38

(3) Containers shall be labeled with the waste generator's 39

and contractor’s name s , address es , and telephone number s [ , and the 40

contractor's name and address, ] before they are removed from the 41

asbestos renovation or abatement work area. 42

(4) Containerized regulated asbestos

- containing material 43

(RACM) shall be disposed of at a landfill which complies with 40 44

CFR 61.150. 45R307

- 801 September 23 , 2015 Page 31 of 34

(5) The waste shipment record shall include a list of items 1

and the amount of ACWM being shipped. The waste generator 2

originates and signs this document. 3

(6) Owners and operators of regulated facilities where an 4

asbestos abatement or renovation project has been performed shall 5

report in writing to the director if a copy of the waste sh ipment 6

record, signed by the owner or operator of the designated waste 7

disposal site, is not received by the waste generator within 45 8

working days from the date the waste was accepted by the initial 9

transporter. Include in the report the following informa tion: 10

(a) A copy of the waste shipment record for which a 11

confirmation of delivery was not received; and 12

(b) A cover letter signed by the waste generator explaining 13

the efforts taken to locate the asbestos waste shipment and the 14

results of those effort s. 15

16

**R307**

**- 801** 

**- 1**  **[ 6**  **] 5**  **. Records.** 17

(1) Certified asbestos abatement or renovation companies 18

shall maintain records of all asbestos abatement or renovation 19

projects that they perform at regulated facilities and shall make 20

these records available to the directo r or authorized 21

representative upon request. The records shall be retained for at 22

least five years. Maintained records shall include the following: 23

(a) Names and certification numbers of the asbestos 24

abatement workers, asbestos abatement supervisors, or renovators 25

who performed the asbestos abatement or renovation project; 26

(b) Location and description of the asbestos abatement or 27

renovation project and amount of friable asbestos

- containing 28

material (ACM) removed; 29

(c) Start and stop dates of the asbest os abatement or 30

renovation project; 31

(d) Summary of the procedures used to comply with applicable 32

requirements including copies of all notification forms; 33

(e) Waste shipment records maintained in accordance with 40 34

CFR Part 61, Subpart M; and 35

(f) Asbe stos inspection reports associated with the asbestos 36

abatement or renovation project. 37

(2) All persons subject to the inspection requirements of 38

R307

- 801

- 9 shall maintain copies of asbestos inspection reports 39

for at least one year after asbestos abatement , renovation, or 40

demolition projects have ceased, and shall make these reports 41

available to the director or authorized representative upon 42

request. 43

44

**R307**

**- 801** 

**- 1**  **[ 7**  **] 6**  **. Certified Renovator Work Practices.** 45R307

- 801 September 23 , 2015 Page 32 of 34

(1) Certified renovators are responsible for ensurin g 1

compliance with R307

- 801 at all renovation projects at regulated 2

facilities to which they are assigned. 3

(2) Certified renovators working at regulated facilities 4

shall: 5

(a) Perform all of the tasks described in R307

- 801

- 6

1 [ 4 ] 3 ( [ 1 ] 3 ) and shall either perform or direct workers who perform 7

all tasks described in R307

- 801

- 1 [ 4 ] 3 ( [ 1 ] 3 ); 8

(b) Provide training to workers on the work practices 9

required by R307

- 801

- 1 [ 4 ] 3 ( [ 1 ] 3 ) that will be used when performing 10

renovation projects; 11

(c) Be physically present a t the work site when all work 12

activities required by R307

- 801

- 1 [ 4 ] 3 ( [ 1 ] 3 ) (b) are posted, while 13

the work area containment required by R307

- 8 [ 4 ] 0 1

- 1 [ 4 ] 3 ( [ 1 ] 3 )(b) 14

is being established, and while the work area cleaning required by 15

R307

- 801

- 1 [ 4 ] 3 ( [ 1 ] 3 )(i) is pe rformed; 16

(d) Be on

- site and direct work being performed by other 17

individuals to ensure that the work practices required by R307

- 18

801

- 1 [ 4 ] 3 ( [ 1 ] 3 ) are being followed, including maintaining the 19

integrity of the containment barriers and ensuring that dust or 20

debris does not spread beyond the work area; 21

(e) Have with them at the work site their current Utah 22

Renovator certification card; and 23

(f) Prepare the records required by R307

- 801

- 1 [ 6 ] 5

. 24

25

**R307**

**- 801** 

**- 1**  **[ 8**  **] 7**  **. Asbestos Information Distribution Requirements.** 26

(1) Utah Abatement/Renovation pamphlet. Utah asbestos 27

abatement and renovation companies shall provide owners and 28

occupants of [ regulated facilities ] single and multi

- family 29

residential structures with the Utah Abatement/Renovation Pamphlet 30

"Asbestos Haza rds During Abatement and Renovation Activities [

. ] " 31

when those structures will be re

- occupied after the regulated 32

activities are completed. 33

(2) No more than 60 days before beginning an abatement or 34

renovation project in a regulated facility, the company p erforming 35

the abatement or renovation project shall: 36

(a) Provide the owner of the regulated facility with the 37

pamphlet, and comply with one of the following: 38

(i) Obtain, from the owner, a written acknowledgment that 39

the owner has received the pamphlet; or 40

(ii) Obtain a certificate of mailing at least seven working 41

days prior to the abatement or renovation project; and 42

(b) If the owner does not occupy the regulated facility, 43

provide an adult occupant of the regulated facility with the 44

pamphlet, and c omply with one of the following: 45R307

- 801 September 23 , 2015 Page 33 of 34

(i) Obtain, from the adult occupant, a written 1

acknowledgment that the occupant has received the pamphlet, or 2

certify in writing that a pamphlet has been delivered to the 3

regulated facility and that the company performing the abatement 4

or renovation project has been unsuccessful in obtaining a written 5

acknowledgment from an adult occupant. Such certification shall 6

include the address of the unit undergoing abatement or renovation 7

[ project ] activities , the date and method of delivery of the 8

pamphlet, names of the persons delivering the pamphlet, reason for 9

lack of acknowledgment (e.g., occupant refuses to sign, no adult 10

occupant available), the signature of a representative of the 11

company performing the abatement or renovat ion project, and the 12

date of signature; or 13

(ii) Obtain a certificate of mailing at least seven working 14

days prior to the a batement or renovation project. 15

(3) Abatement or renovation projects in common areas. No 16

more than 60 working days before beginning abatement or renovation 17

projects in common areas of a regulated facility, the company 18

performing the abatement or renovation project shall: 19

(a) Provide the owner with the pamphlet and comply with one 20

of the following: 21

(i) Obtain, from the owner, a wri tten acknowledgment that 22

the owner has received the pamphlet; or 23

(ii) Obtain a certificate of mailing at least seven working 24

days prior to the abatement or renovation project; 25

(b) Comply with one of the following: 26

(i) Notify in writing, or ensure wri tten notification of, 27

each regulated facility and make the pamphlet available upon 28

request prior to the start of abatement or renovation project. 29

Such notification shall be accomplished by distributing written 30

notice to each affected unit in the regulated facility. The notice 31

shall describe the general nature and locations of the planned 32

abatement or renovation project, the expected starting and ending 33

dates, how the occupant can obtain the pamphlet and a copy of the 34

required records at no cost to the occup ants; or 35

(ii) Post informational signs describing the general nature 36

and locations of the abatement or renovation project and the 37

anticipated completion date while the abatement or renovation 38

project is ongoing. These signs shall be posted in areas where 39

they are likely to be seen by the occupants of all of the affected 40

units in the regulated facility. The signs shall be accompanied by 41

a posted copy of the pamphlet or information about how interested 42

occupants can review a copy of the pamphlet or obtain a copy from 43

the abatement or renovation company at no cost to occupants. The 44

signs shall also include information about how interested 45R307

- 801 September 23 , 2015 Page 34 of 34

occupants can review a copy of the required records from the 1

abatement or renovation company at no cost to the occupants; 2

(c) Prepare, sign, and date a statement describing the steps 3

performed to notify all occupants of the regulated facility of the 4

intended abatement or renovation project and to provide the 5

pamphlet; and 6

(d) If the scope, locations, or expected starting and ending 7

dates of the planned abatement or renovation project change after 8

the initial notification, and the company provided written initial 9

notification to each affected unit, the company performing the 10

abatement or renovation project shall provide fur ther written 11

notification to the owners and occu pants of the regulated facility 12

of the revised information for the ongoing or planned activities. 13

This subsequent notification shall be provided before the company 14

performing the abatement or renovation proje ct initiates work 15

beyond that which was described in the original notice. 16

(4) Written acknowledgment. The written acknowledgments 17

required by paragraphs R307

- 801

- 1 [ 8 ] 7 (2)(a)(i), (2)(b)(i), and 18

(3)(a)(i) shall: 19

(a) Include a statement recording the owne r or occupant's 20

name and acknowledging receipt of the pamphlet prior to the start 21

of abatement or renovation project, or no later than the day after 22

the start of an emergency abatement or renovation project, the 23

address of the regulated facility undergoing an abatement or 24

renovation project, the signature of the owner or occupant as 25

applicable, and the date of signature; 26

(b) Be either a separate sheet or part of any written 27

contract or service agreement for the abatement or renovation 28

project; and 29

(c) B e written in the same language as the text of the 30

contract or agreement for the abatement or renovation project or, 31

in the case of a non

- owner occupied regulated facility, in the 32

same language as the lease or rental agreement or the pamphlet. 33

34

**KEY: air po llution, asbestos, asbestos hazard emergency response,**  35

**schools** 36

**Date of Enactment or Last Substantive Amendment: [**  **October 1,** 37

**2012 ]**  **2015** 38

**Notice of Continuation: February 6, 2013** 39

**Authorizing, and Implemented or Interpreted Law: 19**

**- 2** 

**- 104(1)(d);**  40

**19**

**- 2** 

**- 104(3)(r**  **) through (t); 40 CFR Part 61, Subpart M; 40 CFR Part** 41

**763, Subpart E** 42

# ITEM 9

### State of Utah

GARY R. HERBERT

Governor

SPENCER J. COX

Lieutenant Governor 

### Department of

Environmental Quality

A lan Matheson

Executive Director

DIVISION OF AIR QUALITY

Bryce C. Bird

Director

DAQ

- 0 62

- 15

M E M O R A N D U M

TO: Air Quality Board

THROUGH: Bryce C. Bird, Executive Secretary

FROM: Ryan Stephens, Environmental Planning Consultant

DATE: October 2, 2015

SUBJECT: Propose for Public Comment: Amend R307

- 110

- 28. Regional Haze

.

______________________________________________________________________________________

The Clean Air Act requires states to submit a progress report every five years on the adequacy of their

Regional Haze State Implementation Plan (SIP). Utah comple ted this progress report last year, and a

public comment period was held from November 1 through December 22, 2014. A public hearing was also

held on November 1, 2014. EPA is now requiring Utah to submit this progress report as a SIP revision and

adopt i t as a state rule. This rule is being proposed to incorporate the progress report into Utah’s Regional

Haze SIP and will satisfy EPA’s request to submit it as a SIP revision.

Please note: The progress report, itself, will not be the subject of this comm ent period. This comment

period is for addressing the proposed rule, which acts to make the report a part of Utah’s SIP.

Staff Recommendation : Staff recommends that the Board propose R307

- 110

- 28 for a 30 day public

comment period.

195 North 1950 West • Salt Lake City, U tah

Mailing Address: P.O. Box 1448 2 0 • Salt Lake City, U tah 84114

- 48 2 0

Telephone (801) 53 6

- 4 0 00 • Fax (801 ) 536

- 4099 • T.D.D. (801) 903

- 3978

www.deq.utah.gov

Printed on 100% recycled paperR307

- 110

- 28 October 2 , 2015 Page 1 of 1

**R307. Environmental Quality, Air Quality.** 1

**R307**

**- 110. General Requirements: State Implementation Plan.**  2

**R307**

**- 110** 

**- 28. Regional Haze.**  3

The Utah State Implementation Plan, Section XX, Regional 4

Haze, as most recently amended by the Utah Air Quality Board on 5

[ October 7 , 2015 ] December 2, 2015 , pursuant to Section 19

- 2

- 104, 6

is hereby incorporated by reference and made a part of these 7

rules. 8

9

**KEY: air pollution, PM10, PM2.5, ozone** 10

**Date of Enactment or Last Substantive Amendment: 2015** 11

**Notice of Continuation: February 1, 2012** 12

**Authorizing, and Implemented or Interpreted Law: 19**

**- 2** 

**- 104(3)(e)**  13

# ITEM 10

# Petition for

Rulemaking: Emission

Limits, Offsets, Testing

Frequency, and Public

ParticipationTo: The Air Quality Board and the Division of Air Quality

From: HEAL Utah, Western Resource Advocates and Utah Physicians for a Healthy

Environment

Re: " Petition for Rulemaking: Emission Limits, Offsets, Testing Frequency and

Public Participation.”

Date: September 22 , 2015

We wanted to start by thanking each of you for taking the time to meet with us over the

last few months. Sharing our rule proposals with you has been an educational experience:

Your questions, comments and feedback have given us a lot to think about and has resulted

in clearer and strong er proposals.

We are on the verge of completing our petition for rulemaking and rule language, as

indicated by Utah Administrative Code R15

- 2. Public Petitioning for Rulemaking. 1 However,

we had not completed these efforts by the time the Board packet needed to be put

together . So, at least we wanted to share with you a brief summary or our proposed rules,

similar to what we brought to our recent meetings with Board members

.

Thank you again f or you time

– and we look forward to another chance to discuss these

important proposals on October 7.



### Context

In late 201 4 , Utah finalized a critical document

– its State Implementation Plan (SIP) to

control PM 2.5 , the fine particles that can reach such dangerously high levels during our

wintertime inversions. The plan included a wide range of strategies to control pollution,

targeting everything from consumers to small businesses to industry.

As the plan was developed in 2013 , several key stakeholders urged the state Division of Air

Quality (DAQ) to make changes to strengthen parts of the SIP that focused on point sources.

On e such voice was the U.S. Environmental Protection Agency (EPA), which offered a

detailed series of su ggestions to Utah officials on how they could improve their plan and

bring the Wasatch Front into attainment with the PM 2.5 standard more quickly

. Similar

suggestions came from Utah

- based environmental organizations, such as HEAL Utah,

Western Resource Adv ocates and Utah Physicians for a Healthy Environment.

T he Division did incorporate several central parts of stakeholder feedback in the 2014 SIP,

addressing SSM (startup, shutdown and malfunction) emissions and accelerating RACT

deadlines.

1 http://www.rules.utah.gov/publicat/code/r015/r015

- 002.htmHowever, the st ate chose not to implement several other key recommendations that EPA

and environmentalists had urged.

The environmental groups who have been part of the SIP process for years have thus

decided to petition the Air Quality Board to pass several key rules

. We believe these

proposals will impro ve our emissions control regimen and boost public faith and

participation in the SIP and the permitting of the point sources which contribute to our

failure to attain the PM 2.5 standards

.

Below are brief descriptions o f each of our proposed rules. To clarify, the first three are

intended to apply to “SIP sources,” those point sources which the Division and Board

addressed in the 2014 SIP. As Utah develops its “serious SIP,” these three provisions will

also apply to all the point sources encompassed by that plan.



### Rule 1: Prevent Emissions Spikes

• Many of our permits do not seek to limit emissions during 24

- hour periods, even

though Utah’s PM 2.5 control challenge is of course a “short term” problem.

• EPA repeatedly raised this issue in its comments, wondering “how averaging times

longer than 24 hours can represent RACT in a plan that is intended to attain 24

- hour

NAAQS

. ”

• Our rule , simply, imposes a 24

- hour emissions limit on SIP emission units by

requiring that emission limits be averaged over a 24

- hour ( or shorter ) period, in

addition to current, longer averaging periods

.

• We foresee that more frequent stack testing and use of CEMs (see Rule 3) plus

heightened record

- keeping, will allow the Division to ens ure that point sources meet

a 24

- hour emissions limit.

• Our rule exempts limitations on fugitive emissions.



### Rule 2: Lower “Offset” Threshold

• The Clean Air Act requires “offsets” for emissions increases in out of attainment

areas to ensure that overall emissions do not increase in an airshed where air

pollution reaches unhealthy levels

.

• Utah years ago lowered the “thresholds” at which offsets are required for PM10

, recognizing that a failure to do so would lead to creeping growth in emissions.

• We modeled this rule after the current rules for PM10 offsets

• For modifications at existing facilities, our rules lowers the offset threshold to:

o 5 tpy for PM2.5

o 20 tpy for precursors

• For new facilities, our rules lowers the offset threshold to:

o 25 tpy for PM 2.5

o 40 tpy for precursors• Our rule also clarifies the mechanism for trading offsets among pollutants



### Rule 3: Boost Stack Testing Frequency

• Utah statu t e (R307

- 165

- 2) requires stack testing “at least once every five years”

• Practice varies and can be more fr equent

, such as every three years

• However, the EPA repeatedly questioned whether this was sufficient : “We are

concerned with stack test frequencies longer than one year. Please explain why

these test frequencies are sufficient to ensure continuous complian ce with the

limits.”

• Our rule:

o Require s CEMs ( C ontin uous Emission M onitoring systems) where feasible,

UNLESS the source, with DAQ approval and public input

, can establish that

CEMs is infeasible.

o Requires stack testing at least once a year UNLESS the source, with DAQ

approval and public input, provides a monitoring plan that establishes that

proposed testing is adequate to ensure continuous compliance with the

emission limitation.

o Spells out criteria that a SIP source can point to make its c ase that either

CEMs or annual stack testing is not necessary to ensure continuous

compliance



### Rule 4: Improve Air Quality Participation

• To ensure timely, detailed feedback from public , this rule

o Requires that key documents such as a “Notice of Intent”, “Engineering

Review” and/or the Intent to Approve be made available promptly. If a

commenter requests those doc uments , the 30

- day comment period clock

starts anew as soon as they are made available.

o Provides a brief automatic comment period extension for intents to approve

or draft permits. Automatically extend by 30 or 15 days (if you request the

extension in the first two weeks, you get an additional 30 days; if you request

i t in the third week, yo u get 15.)

We again appreciate your attention to these proposals

– and look forward to a full discussion as

to their merits in the months to come. We will provide you with formal petitions and rule

language in the coming weeks.Petition for Rulemaking:Emission Limits, Offsets,Testing Frequency, and PublicParticipation.Presented by HEAL Utah, WesternResource Advocates, and UtahPhysicians for a HealthyEnvironment.Rule Development Chronology•Review History of 2014 SIP•Advocates’ Concerns Shared by EPA•Decided to Propose•Hired Expert•Thorough Stakeholder Meeting Process•Led to ChangesWhy Not Wait?•The sooner we put protections in, the better•Utah has failed to meet 24-hour NAAQS for a decade•We need to do more, particularly given growing population and economy.•If we don’t reach goals by 2019, Utah faces serious consequencesWhy Not Wait?•To allow for robust discussion on individual recommendations•SIPs are so voluminous, debating individual proposals very difficult•Clean Air Act compels us to take all “reasonably available” measures•Must secure attainment with PM2.5NAAQS “as expeditiously as possible”•EPA itself suggested two of theseWhy Only Focus on Industry?•We don’t!•Groups working on these rules also push proposals to:•Limit hazard of wood smoke•Enact up-to-date building codes•Expand transit funding•Promote EVs and other alternative fuel vehicles•It’s not A or B or C.•All of the above!Rule #1: Enact Short-TermEmissions Limits•Spikes in emissions contribute to bad air days•Our rule•Prevents spikes by imposing a 24-hour limit(averaging time)•Applies to state-identified industrial SIP pollutionsourcesEPA assumes that 24-hour limits are necessary toattain with a 24-hour standard.EPA in its SIP comments repeatedly asked:“how averaging times longer than 24 hours canrepresent RACT in a plan that is intended to attain24-hour NAAQS”Rule #1: Enact Short-TermEmissions LimitsRule #1: Enact Short-TermEmissions LimitsExamples of Industrial SIP Pollution Sources withoutShort-Term Emission Limits:•Kennecott’s Smelter Main Stack:annualaverage forNOX•PacifiCorp Gadsby Power Plant:annualaverage forPM10:monthlyaverage for NOX•Nucor Steel Electric Arc Furnace:annualaverage forNOXRule #2: Increase Monitoring•Current practice is to stack test every three to five years•The proposed rule requires:•Continuous emissions monitoring and annual stack testswhere feasible•Grants Division Director, with public input, discretion todetermine feasibility•We believe this rule will:•Improve data state uses to ensure compliance•Offer the public greater confidence in the regulation ofindustry.Rule #2: Increase MonitoringEPA requires a showing that monitoring is adequate toensure continuous compliance with SIP limitsEPA in its SIP comments stated:“We are concerned with stack test frequencieslonger than one year. Please explain why these testfrequencies are sufficient to ensure continuouscompliance with the limits.”EPA has determined increased monitoring frequencyreduces emissionsRule #3: Offset SubstantialEmissions Increases•Current rule allows many “minor” pollution increasesthat can add up to substantial pollution additions•Our rule•lowers the offset threshold for PM2.5, NOX, SO2andVOCs•Prevents many “minor” increases from adding toour air pollution problem at the time we need tohave emission reductions•Modeled after current PM10ruleMajor Source PM2.5NA(Serious)Federal Baseline Definitionof Major Modification forSerious PM2.5NAProposed PM2.5Offset RuleDefinition of ModificationPM2.510 tpy 5 tpyNOX40 tpy 20 tpySOX40 tpy 20 tpyVOCs40 tpy 20 tpyTotal PM2.5+ NOX+ SO2+VOCsn/a 30 tpyAmmoniacase-by-case n/aRule #3: Offset Substantial Emissions IncreasesRule #3: Offset Substantial Emissions IncreasesMajor Source PM2.5NA(Serious)Proposed Federal BaselineDefinition of Major Sourcefor Serious PM2.5NAProposed PM2.5OffsetRule Definition ofApplicable New SourcePM2.570 tpy25 tpyNOX70 tpy40 tpySOX70 tpy40 tpyVOCs70 tpy40 tpyTotalPM2.5+NOX+SOx+VOCs------- 50 tpyAmmonia70 tpy 70 tpyRule #4: Improve PublicParticipation•Currently critical permitting documents are sometimesunavailable•Current short public comment periods can hindermeaningful participation•The Proposed Rule•Requires DAQ to provide critical documents onrequest•Automatically extends the public comment periodby 15 to 30 days on requestConclusion•We believe these rules can serve to:•Strengthen Utah’s SIP•Show the EPA how seriously authorities take our PM2.5 problem•Produce more accurate data•Reduce emissions•Help with other criteria pollutants as well•Boost public confidence in point source regulation•Petition for rulemaking and proposed rule language will be filed soon•Please let us know if you have any questions•We look forward to a robust discussion on these issues in the months tocomePetition for Rulemaking:Emission Limits, Offsets,Testing Frequency, and PublicParticipation.Contact:Matt PacenzaExecutive DirectorHEAL Utahmatt@healutah.org801-355-5055Joro WalkerUtah Office DirectorWestern Resource Advocatesjoro.walker@westernresources.org801-487-9911

# Clean Power Plan Final

RuleCleanPowerPlanDevelopmentandTimelinePresentedtotheUtahAirQualityBoardOctober7,20151EPAAugust3Announcements•Final rulefornewandmodifiedEGUs(a.k.a.theCarbonPollutionStandards(CPS)forNew,Modified,andReconstructedPowerPlants)•Final ruleforexistingEGUs(a.k.a.theCleanPowerPlan(CPP))•Proposed federalplanandmodeltradingrulesfortheCPP2CarbonPollutionStandardsforNew,Modified,andReconstructedEGUs•Newcoalunits:1,400lbs/MWh (CO2)–Proposalwas1,100lbs/MWh•Newnaturalgasunits:1,000lbs/MWh3CleanPowerPlan– FinalRuleOverview•Covers11powerplantsinUtah:–5coalplantsunderstatejurisdiction:•Carbon(retired)•Hunter•Huntington•IntermountainPowerPlant•Sunnyside–1coalplant(Bonanza)underfederaljurisdiction–5naturalgasplantsunderstatejurisdiction•CurrantCreek•LakeSide1•LakeSide2•Nebo•Gadsby(units1,2,and3)•EPAestablishedratesbasedonbestsystemofemissionsreduction(BSER)buildingblocks:–Block1:Improvedefficiencyatexistingcoal‐firedpowerplants–Block2:Shiftinggenerationfromcoaltoexistinglower‐emittingnaturalgasplants–Block3:Shiftingtonewzero‐emittingrenewables•UsedBSERtoestablishemissionsperformanceratesfortwosourcecategories–Steamrateof1,305lbs/MWh–NGCCrateof771lbs/MWh4CleanPowerPlan– FinalRuleOverview(continued)•CategoryspecificratesthenusedtocalculateseparateCO2emissionsrate‐andmass‐basedtargetsforeachstate–Rate:•Utah’s2012ratewas1,874lbs/MWh•Utah’sinterim(2022‐2029)targetis1,368lbs/MWh•Utah’sfinal(2030)targetis1,179lbs/MWh(37%reductionfrom2012levels)–Mass:•Utah’s2012emissionswere30,822,343shorttons•Utah’sinterim(2022‐2029)targetis26,566,380shorttons•Utah’sfinal(2030)targetis23,778,193shorttons(23%reductionfrom2012levels)•StatesmayuseBSERmeasuresand/orotheremissionsreductionstrategiesforcompliance–Examples:•Energyefficiencymeasures•Emissionstradingprograms•Unitretirements5Goals:Proposedvs.Final6Whodevelops/submitsstateplans?•CPP–Includesarequirementmirroringthatfoundin40CFRpart51App.V.2.1.(a)withrespecttoSIPsthatidentifiestheGovernorofastateastheauthorizedofficialforsubmittingthestateplantoEPA–GovernorcandesignateanotherresponsibleofficialvialetterpriortoSeptember6,2016•ThisstepisnecessarytoallowdesigneeaccesstoEPA’selectronicplansubmissionsystem•IftheGovernorhaspreviouslydelegatedauthoritytomakeCAAsubmittals,statescansubmitdocumentationofthisdelegationinlieuofaletterfromtheGovernor•Utah–UtahCode19‐2‐104(1)authorizestheUtahAirQualityBoardtomakerulesinaccordancewithUtahCode63G‐3,UtahAdministrativeRulemakingAct•Boardadoptsrules/plans•GovernorsubmitsplanstoEPA•Examplesof111(d)plansadoptedbytheBoard–PlanforHospital,Medical,InfectiousWasteIncinerators–PlanforSmallMunicipalWasteCombustionUnits7StatePlanDeadlinesSubmittals DatesStatePlan‐OR‐initialsubmittalwithextensionrequestSeptember6,2016ProgressUpdate(forstates w/extensions) September6, 2017StatePlan(forstatesw/extensions) September6,2018Milestone (Status)Report July1,2021InterimandFinal GoalPeriods ReportingInterimgoalperformance period(2022‐2029)‐InterimStep1Period(2022‐2024) July1,2025‐InterimStep2Period(2025‐2027) July1,2028‐InterimStep3Period(2028‐2029) July1,2030InterimGoal(2022‐2029) July1,2030FinalGoal(2030) July1,2032andevery2yearsbeyond8StatePlan– InitialSubmittal•Threerequiredcomponentstoobtaina2‐yearextension:1. Identificationofapproachesunderconsiderationandadescriptionofprogressmadetodate•Mustincludeanon‐bindingstatementofintenttoparticipateinCleanEnergyIncentiveProgram(CEIP)2. Explanationforwhythestaterequiresadditionaltime•Modeling•Stakeholderoutreach•Developmentoftrackingorothersystems•Regionalcoordination3. Demonstrationofopportunityforpubliccommentontheinitialsubmittalandmeaningfulengagementwithstakeholdersduringthepreparationofinitialsubmittal•Includeplansforengagementduringdevelopmentofthefinalplan•DAQwillneedtohaveaninitialsubmittalcompletedpriortoJune15,2016,toallowtimeforourpublicprocess–Stakeholderprocessbetweennowandthen9Considerationsregardinginitialplansubmittal•SeveralwesternstateshaveeitherissuedstatementssupportingorneutralontheCPP–Willbeactivelyengagedinplandevelopmentandseekingallowances/creditsassociatedwithnewenergydevelopmentprojectsandplannedclosures/conversions–ImportanttohaveaseatatthetabletoensurethatUtah’sinterestsarerepresentedandprotected•Theinitialsubmittaldoesnot requiretheadoptionofanyenforceablemeasuresorfinaldecisions•Theinitialsubmittaldoesnot requirelegislationand/orregulationstobepassed•Initialsubmittaldoesnot changethecomplianceperiod,whichbeginsin2022–Allowsstakeholderstoengageovertheplandevelopmentperiod•Failuretosubmitaninitialplanwilltriggerafederalplan10ProposedFederalPlan•Fourproposedactions:–Rate‐basedfederalplan–Mass‐basedfederalplan–Rate‐basedmodeltradingruleforpotentialusebyanystate–Mass‐basedmodeltradingruleforpotentialusebyanystate•Modeltradingrulestobefinalizedbysummer2016•EPAwon’tfinalizefederalplansuntilthere’saneed(i.e.,forstatesthatdon’tsubmitanapprovableplanbytherequireddeadline)–EPAintendstofinalizeasingleplantype(i.e.,eitherrate‐basedormass‐based)–Won’tknowwhichapproachwillbeutilizeduntilthefirstfailuretosubmitanapprovableplan•Commentsonproposedfederalplandue90daysfollowingpublicationintheFederalRegister11NextSteps•Beginseriesofstakeholdermeetings–GoalofcompletinganinitialsubmittalforpublicreviewbyJune2016–InitialsubmittalbySeptember6,201612

# Final Data

Requirements Rule for

the 2010 1-Hour Sulfur

Dioxide Primary

National Ambient Air

Quality StandardS02DataRequirementsRuleforthe20101‐HourSulfurDioxidePrimaryNAAQSPresentedtotheUtahAirQualityBoardOctober7,20151Background•OnJune2,2010,EPAestablishedaprimary1‐hourSO2airqualitystandardof75partsperbillion(195μg/m3)–99thpercentilevalue,averagedover3consecutiveyears•InMay‐June2012,EPAheldstakeholderdiscussions–DevelopedaWhitePaperwhichidentifiedmonitoring,modeling,andimplementationissues–InFebruary2013,EPAdevelopedanimplementationstrategyforthe2010standard•InJuly2013,EPAidentifiedor“designated”asnonattainment29areasin16stateswheremonitoredairqualityshowedviolationsofthe2010standard•March2015courtorderrequiresEPAtocompletedesignationsforthe2010standardforallremainingareasinthecountryinuptothreerounds(July2,2016,December31,2017,andDecember31,2020)–DatarequiredbytheDRRwillbeavailableintimetoinformthedesignationsmadeunderthecourtorderedschedule2DataRequirementsRule(DRR)•FinalizedAugust10,2015•RequirementsforairagenciestomonitorormodelambientSO2levelsinareaswithlargesourcesofSO2emissionstohelpimplement1‐hourSO2NAAQS–Mustcharacterizeairqualityaroundsourcesthatemit2,000tonsperyearormoreofSO2•Mayavoidrequirementbyadoptingenforceableemissionlimitsthatensurethatthesourcewillnotemitmorethan2,000tpy–Flexibility:caneithermodelactualsourceemissionsoruseappropriatelysitedambientairqualitymonitors•EstablishesascheduleforairagenciestocharacterizeairqualityandtoprovidedatatoEPA–EPAwillusethisdatatodesignateareasacrossthecountryasmeeting/notmeetingthe2010SO2standard–EPAdesignedDRRimplementationmilestonestoallowairagenciestotakeintoaccountcompliancedatesforachievingSO2emissionreductionsunderothermajornationalrules3DRRImplementationTimeline•ByJanuary15,2016,airagenciesarerequiredtosubmitafinallistidentifyingsourcesaroundwhichairqualityistobecharacterized–Mustincludesourceswithabove2,000tpyofSO2•IntermountainPowerPlant•HunterPowerPlant•HuntingtonPowerPlant•CarbonPowerPlant(retired)•ByJuly1,2016,eachagencyisrequiredtoidentify,foreachsourceonthelist,theapproachitwillusetocharacterizeairquality–Monitoring•MustsubmitrelevantinformationconcerningmonitoringsitestoEPAbyJuly1,2016aspartofannualmonitoringnetworkplan•MustensurethatambientmonitorsareoperationalbyJanuary1,2017•First3yearsofdatawillbecollectedforcalendaryears2017,2018,and2019–Modeling•MustprovidemodelingprotocoltoEPAbyJuly1,2016•ModelinganalysismustbesubmittedbyJanuary13,2017–Alternative:Indicatethattheywilladoptenforceableemissionslimitationstolimitsourcestobelow2,000tpy•LimitsmustbeadoptedandeffectivebyJanuary13,20174NextSteps•MeetingwiththethreesourcescoveredbyEPA’semissionsthreshold–Willworkwithsourcestoselectmodelingormonitoringoption–WillworkwithEPAtodevelopamodelingprotocoltouseforaircharacterizationmodelingormonitorsiting5

# Mining in High

Wind AreasMining In High Wind AreasA Toxic BusinessPoint of the MountainMesoWest’s FPS (flight park south)Of 937 days ending around 2014:80% or 750 days experienced winds over 12 mph73% or 689 days experienced winds over 15 mph48% or 448 days experienced winds over 20 mphComparison MiningBelow and Above the BenchDust blowing Across the ValleyDust carried by the Wind containsPM10 and PM2.5Particulates are the deadliest form ofair pollutiondue totheir ability to penetrate deep into the lungs and bloodstreams unfiltered, causing permanentDNA mutations,heart attacks, andpremature death."Health | Particulate Matter | Air & Radiation | US EPA".Epa.gov. 2010-11-17. Retrieved2015-02-01In 2013, a study involving 312,944 people in nine European countriesrevealed that there was no safe level of particulates and that forevery increase of 10μg/m3 in PM10, thelung cancerrate rose22%. The smaller PM2.5 were particularly deadly with a 36% increasein lung cancer per 10μg/m3 as it can penetrate deeper into the lungs.Ole Raaschou-Nielsen; et al. (July 10, 2013)The Lancet Oncology14(9): 813–22.Crystalline Silica is a HazardousAir Pollutant (HAP)Utah Code R307-101 definitions state:“Carcinogenic Hazardous Air Pollutant"means any hazardous air pollutant thatis classified as a known humancarcinogen (A1) or suspected humancarcinogen (A2) by the AmericanConference of Governmental IndustrialHygienists (ACGIH) in its "ThresholdLimit Values for Chemical Substancesand Physical Agents and BiologicalExposure Indices, (2009)."ACGIH (2009) lists crystalline silica as A2 or a suspected humancarcinogen:https://www.ehs.uci.edu/programs/sop_library/CARCIN.pdfHighly Fractured QuartzitePM10 Air Monitoring SitesPM10 SLAAM Sites 80’s and 90’sOnly 5 Sites in Salt Lake andUtah county TodayWe Ask The BoardIn accordance with section 104 (powers of the board): Provide acontinuous State and Local Air Monitoring Station (SLAMS) around thecenter of Bluffdale - the most affected area - so we can determine theparticle size, frequency and density of this dust. This is also in line withEPA guidelines on providing monitoring in or around point sources.Provide an official analysis of the dust to determine its crystalline silica,particle sizes and heavy metal content.Determine what rules or permit requirements should be revised to take intoaccount unique geological areas like the point, specifically when strongprevailing winds at elevated altitudesmay contribute to wind blown fugitivedust emissions.Proposed rule change:Opacity in R307-309-5(1) shall not apply when the wind speed exceeds 25miles per hour if the owner or operatorceases or reduces fugitive dustproducing operations andhas implemented, and continues to implement, theaccepted fugitive dust control plan inR307-309-6 and administers at least oneof the following contingency measures:(a) Pre-event watering;(b) Hourly watering;(c) Additional chemical stabilization; or(d) Other contingency measure approved by the director.Thank YouWe appreciate your help in this important matter

# Air Toxics

Compliance

Monitoring

### State of Utah

GARY R. HER BERT

Governor

SPENCER J. COX

Lieutenant Governor 

### Department of

Environmental Quality

Alan Matheson

Executive Director

DIVISION OF AIR QUALITY

Bryce C. Bird

Director

DAQA

- 952

- 15

M E M O R A N D U M

TO: Air Quality Board

FROM: Bryce C. Bird, Executive Secretary

DATE: September 9 , 2015

SUBJECT: Air Toxics, Lead

- Based Paint, and Asbestos (ATLAS) Section Compliance Activities

– August 2015

______________________________________________________________________________________

MACT Compliance Inspections 0

Asbestos Demolition/Renovation NESHAP Inspections 43

Asbestos AHERA Inspections 30

Asbestos State Rules Only Inspections 5

Asbestos Notifications Accepted 203

Asbestos Telep hone Calls Answered 542

Asbestos Individuals Certifications Approved/Disapproved 61 / 0

Asbe stos Company Certifications/Re

- C ertifications 2 / 0

Asbestos Alternate Work Practices Approved/Disapproved 18 / 0

Lead

- Based Paint (LBP) Inspections 4

LBP Notifications Approved 0

LBP Telep hone Calls Answered 83

LBP Letters Prepared and Mailed 51

LBP Courses Reviewed/Approved 0 / 0

LBP Course Audits 0

LBP Individual Certifications Approved/Disapproved 16 / 0

195 North 1950 West • Salt Lake City, U tah

Mailing Address: P.O. Box 144820 • Salt La ke City, U tah 84114

- 4820

Telephone (801) 536

- 4000 • Fax (801) 536

- 4099 • T.D.D (801) 903

- 3978

www.deq.utah.gov

Printed on 100% recycled paperDAQA

- 952

- 15

Page 2

LBP Firm Certifications 9

Notices of V iolation Issued 0

Compliance Advisories Issued 1 5

Warning Letter s Issued 15

Settlement Agreements Finalized 2

Penalties Agreed to :

Hyrum City $1,200.00

Ambrose Group $1,350.00

$2,550.00

### State of Utah

GARY R. HERBERT

Governor

SPENCER J. COX

Lieutenant Governor 

### Department of

Environmental Quali ty

Alan Matheson

Executive Director

DIVISION OF AIR QUALITY

Bryce C. Bird

Director

DAQC

- 1184

- 15

M E M O R A N D U M

TO: Air Quality Board

FROM: Bryce C. Bird, Executive Secretary

DATE: September 10, 2015

SUBJECT: Compliance Activities

– August 2015

_____________________________________________________________________________________

Annual Inspections Conducted:

Major

................................ ................................ ........ 21

Synthetic Minor

................................ ......................... 8

Minor

................................ ................................ ....... 28

On

- Site Stac k Test Audits Conducted:

................................ ........................... 10

Stack Test Report Reviews:

................................ ................................ ............ 62

On

- Site CEM Audits Conducted:

................................ ................................ ..... 5

Emission Reports Reviewed:

................................ ................................ .......... 20

Temporary Relocation Requests Reviewed & Approved:

.............................. 10

Fugitive Dust Contro l Plans Reviewed & Accepted:

................................ .... 123

Soil Remediation Repor t Reviews:

................................ ................................ ... 0

1 Miscell aneous Inspections Conducted:

................................ .......................... 43

Complaints Received:

................................ ................................ ..................... 20

Breakdown Reports Received:

................................ ................................ .......... 1

195 North 1950 West • Salt Lake City, U tah

Mailing Address: P.O. Box 1448 2 0 • Salt Lake City, U tah 84114

- 48 2 0

Te lephone (801) 53 6

- 4 0 00 • Fax (801 ) 536

- 4099 • T.D.D. (801) 903

- 3978

www.deq.utah.gov

Printed on 100% recycled paperD AQC

- 1184

- 15

Page 2

Compliance Actions Resulting From a Breakdown

................................ .......... 0

Warni ng Letters Issued:

................................ ................................ .................... 4

Notices of Violation Issued:

................................ ................................ .............. 1

Compliance Advisories Issued:

................................ ................................ ......... 3

Settlement Agreements Reached:

................................ ................................ ..... 2

RN Industries

................................ ................................ ................... $ 84,000

Steve Byl

................................ ................................ .............................. $100

1 Miscellaneous inspections include, e.g., surveillance, level I inspections, VOC inspections, c omplaints,

on

- site training, dust patrol, smoke patrol, open burning, etc.Utah Division of Air Quality0.05.010.015.020.025.030.035.040.01 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

PM2.5 (ug/m3)DaysUtah 24-Hr PM2.5 Data July 2015BountifulBrigham CityHawthorneHurricaneLindonLogan #4MagnaNorth ProvoOgden #2Rose ParkSmithfieldSpanish Fork24-hr Exceedence Value is 35 ug/m3Exceedence Value is 35 ug/m3Utah Division of Air Quality0102030405060701 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

PM2.5 (ug/m3)DaysUtah 24-Hr PM2.5 Data August 2015BountifulBrigham CityHawthorneHurricaneLindonLogan #4MagnaNorth ProvoOgden #2Rose ParkSmithfieldSpanish Fork24-hr Exceedence Value is 35 ug/m3Exceedence Value is 35 ug/m3WildfiresmokefromtheNorthwestU.S.Utah Division of Air Quality05101520253035401 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

PM2.5 (ug/m3)DaysUtah 24-Hr PM2.5 Data September 2015BountifulBrigham CityHawthorneHurricaneLindonLogan #4MagnaNorth ProvoOgden #2Rose ParkSpanish ForkSmithfield24-hr Exceedence Value is 35 ug/m3Exceedence Value is 35 ug/m3Utah Division of Air Quality0204060801001201401601 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

PM 10 (ug/m3)DaysUtah 24-hr PM10Data July 2015BountifulHawthorneHurricaneLindonLogan #4North ProvoMagnaOgdenSmithfield24-hr Exceedance Value is 150 ug/m3Herriman #3Exceedance Value is 150 ug/m3Utah Division of Air Quality0204060801001201401601 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

PM 10 (ug/m3)DaysUtah 24-hr PM10Data August 2015BountifulHawthorneHerriman #3HurricaneLindonLogan #4MagnaNorth ProvoOgdenSmithfield24-hr Exceedance Value is 150 ug/m3Exceedance Value is 150 ug/m3Utah Division of Air Quality0204060801001201401601 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

PM 10 (ug/m3)DaysUtah 24-hr PM10Data September 2015BountifulHawthorneHerriman #3HurricaneLindonLoganMagnaNorth ProvoOgdenSmithfield24-hr Exceedance Value is 150 ug/m3Exceedance Value is 150 ug/m333.132.322.931.830.529.927.524.429.633.533.030.833.735.332.130.630.726.628.430.533.027.931.734.935.627.629.333.134.329.629.220.025.030.035.040.045.050.055.060.065.070.00.0000.0100.0200.0300.0400.0500.0600.0700.0800.0900.1001 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Daily Maximum Temperature (

0 C) (Hawthorne)

Ozone (ppm)DaysHighest 8-hr Ozone Concentration & Daily Maximum Temperature August 2015Brigham CityBountifulCopperviewErdaHerriman #3HarrisvilleHawthorneOgden #2Exceed.TM35.332.022.831.532.132.222.626.330.333.129.330.232.934.134.733.533.129.826.331.233.131.329.433.035.024.930.531.233.630.226.220.025.030.035.040.045.050.055.060.065.070.00.0000.0100.0200.0300.0400.0500.0600.0700.0800.0900.1001 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Daily Maximum Temperature (

0 C) (Roosevelt)

Ozone (ppm)DaysHighest 8-hr Ozone Concentration & Daily Maximum Temperature August 2015Price #2RooseveltVernal #4Exceed.TM33.334.324.129.129.528.424.023.227.130.732.529.332.333.131.129.629.626.126.829.130.625.029.733.034.326.328.631.332.429.527.720.025.030.035.040.045.050.055.060.065.070.00.0000.0100.0200.0300.0400.0500.0600.0700.0800.0900.1001 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Daily Maximum Temperature (

0 C) (Logan #4)

Ozone (ppm)DaysHighest 8-hr Ozone Concentration & Daily Maximum Temperature August 2015Logan #4Exceed.SmithfieldTM34.132.221.933.530.932.328.727.531.334.032.630.333.736.334.831.931.727.330.631.734.830.233.536.335.627.229.933.735.330.632.220.025.030.035.040.045.050.055.060.065.070.00.0000.0100.0200.0300.0400.0500.0600.0700.0800.0900.1001 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Daily Maximum Temperature (

0 C) (North Provo)

Ozone (ppm)DaysHighest 8-hr Ozone Concentration & Daily Maximum Temperature August 2015North ProvoSpanish ForkExceed.TM32.533.535.936.735.636.525.331.533.234.928.631.235.436.337.238.538.838.437.336.734.735.636.037.334.029.933.736.337.035.234.320.025.030.035.040.045.050.055.060.065.070.00.0000.0100.0200.0300.0400.0500.0600.0700.0800.0900.1001 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Daily Maximum Temperature (

0 C) (Hurricane)

Ozone (ppm)DaysHighest 8-hr Ozone Concentration & Daily Maximum Temperature August 2015HurricaneExceed.TM32.131.430.330.124.421.224.326.329.230.030.931.431.625.621.619.418.318.021.726.115.020.025.030.035.040.045.050.055.060.065.00.0000.0100.0200.0300.0400.0500.0600.0700.0800.0900.1001 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Daily Maximum Temperature (

0 C) (Hawthorne)

Ozone (ppm)DaysHighest 8-hr Ozone Concentration & Daily Maximum Temperature September2015Brigham CityBountifulCopperviewErdaHerriman #3HarrisvilleHawthorneOgden #2Exceed.TM27.130.729.328.025.127.628.029.129.130.730.431.431.122.722.419.520.921.124.025.210.015.020.025.030.035.040.045.050.055.060.065.070.075.080.085.090.00.0000.0100.0200.0300.0400.0500.0600.0700.0801 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Daily Maximum Temperature (

0 C) (Roosevelt)

Ozone (ppm)DaysHighest 8-hr Ozone Concentration & Daily Maximum Temperature September 2015Price #2RooseveltVernal #4Exceed.TM30.629.729.028.123.319.823.025.028.029.329.829.728.823.818.314.816.017.120.124.010.015.020.025.030.035.040.045.050.055.060.00.0000.0100.0200.0300.0400.0500.0600.0700.0801 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Daily Maximum Temperature (

0 C) (Logan #4)

Ozone (ppm)DaysHighest 8-hr Ozone Concentration & Daily Maximum Temperature September 2015Logan #4SmithfieldExceed.TM32.431.929.229.226.4 26.427.328.630.930.931.932.732.125.922.820.122.821.024.228.410.015.020.025.030.035.040.045.050.055.060.065.070.075.080.085.090.00.0000.0100.0200.0300.0400.0500.0600.0700.0801 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Daily Maximum Temperature (

0 C) (North Provo)

Ozone (ppm)DaysHighest 8-hr Ozone Concentration & Daily Maximum Temperature September 2015North ProvoSpanish ForkExceed.TM33.533.433.031.630.831.532.133.834.936.136.736.333.628.126.028.027.528.730.832.720.025.030.035.040.045.050.055.060.065.070.00.0000.0100.0200.0300.0400.0500.0600.0700.0801 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Daily Maximum Temperature (

0 C) (Hurricane)

Ozone (ppm)DaysHighest 8-hr Ozone Concentration & Daily Maximum Temperature September 2015HurricaneExceed.TM