195 North 1950 West • Salt Lake City, Utah 

Mailing Address: P.O. Box 144820 • Salt Lake City, Utah 84114-4820 

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 R307-101-2. Definitions; R307-312-5. Hot Mix Asphalt 

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

Transport Vehicles. Presented by Ryan Stephens. 

 

 VII. Propose for Public Comment: Amend R307-405-3. Definitions; and R307-415-3. Definitions. 

Presented by Ryan Stephens. 

 VIII. Propose for Public Comment: Amend R307-801. 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, individuals with special needs (including auxiliary communicative aids and 

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

 
ITEM 3 
 

195 North 1950 West • Salt Lake City, Utah 

Mailing Address: P.O. Box 144820 • Salt Lake City, Utah 84114-4820 

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 telephone), 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 was 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 approved 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 informational item A in the June 3, 2015, Board meeting 

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

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

our national parks is not anthropogenic emissions 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 incorporate the 2014 version of the CFR. A public comment 

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

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

● Arnold Reitze motioned to adopt the amended R307-101-3. Erin Mendenhall seconded. The 

Board approved unanimously. 

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

Credit. Presented by Ryan Stephens. 

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

response to statutory changes to the efficient vehicle 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 vehicle tax credit, which was passed by the Utah 

Legislature during the 2015 general session. A public 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 new rule R307-122, General Requirements, Heavy 

Duty Vehicle Tax Credit. Arnold Reitze seconded. The Board approved unanimously. 
Air Quality Board September 2, 2015 Page 3 of 9 

VIII. Final Adoption: R307-230. NOx Emission Limits for Natural Gas-Fired Water Heaters. 

Presented by Ryan Stephens. 

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

the purpose of reducing NOx 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. Several comments were received and were summarized in a 

memorandum to the Board. The proposed changes 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 researching models available online, 36 ultra-low NOx water heaters 

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

minimum. Bradford White Company has water heaters 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 requirement for manufacturers to print the NOx 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 written, 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 the 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 manufacturers. In addition, there needs to be a 

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

make sure that the appropriate NOx standard coincides with the rating. After further discussion, the 

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

and the appropriate NOx 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 emission rating on a permanent label on each unit.” 

Robert Paine seconded. The Board approved unanimously. 

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

SIP Subsection IX.A.10: PM10 Maintenance Provisions 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 PM10. We 

have mostly moved onto PM2.5 since it was introduced in 1997 to replace PM10 as the indicator of fine 

particulate matter. EPA did not get rid of PM10 at that time, so it is still on the books and we have to 

administer around it. PM10 still includes the coarse fraction that is larger than PM2.5. We deal with 

that primarily as fugitive dust with rules, permits, and dust plans. Utah’s real problem, as far as 
Air 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 PM2.5 standard. These agenda items are mostly an administrative effort to put PM10 to bed 

and move on with our efforts to mitigate PM2.5. DAQ had intended to do this last summer but was 

delayed when the Courts decided that DAQ needed to do PM2.5 over again under Subpart 4. We tried 

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

which we are on track to achieve. But it was largely 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 argument. DAQ has worked closely with EPA throughout 

the development of this maintenance plan and feels that it is ready to close the book on PM10 as well. 

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

Counties have left off. Those attainment SIPs were written in 1991 when PM10 was the new indicator 

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

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

PM10 standard in both counties by the year 1996. This plan will demonstrate continued compliance 

with the PM10 national ambient air quality standard (NAAQS) through the year 2030. It also includes 

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

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

designations back to attainment. There are essentially 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 demonstration of maintenance, the 

conformity budgets, and the contingency 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 PM2.5 work 

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

coming directly from the PM2.5 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 areas, blue for Salt Lake County, green for Utah 

County, and purple for Ogden City. 

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

includes all of the PM10, SO2, and NOx credits that are currently in our registry. This means that the 

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

in the PM2.5 SIP. This is an example where the PM2.5 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 between the NAAQS and what the model predicts. 

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

Subsections 10, 11, and 12, which is why they are 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 Subsection IX.A.10, PM10 Maintenance Provisions for 

Salt Lake County. 

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

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

the PM2.5 numbers. RACT is a requirement of any nonattainment area nonattainment SIP. In this 
Air Quality Board September 2, 2015 Page 5 of 9 

case, our SIPs for these areas were due in 1991 and RACT 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 PM2.5 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 intends 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 seconded. The Board approved unanimously. 

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

SIP Subsection IX.A.11: PM10 Maintenance Provisions 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 repeal 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 SIP Subsection IX.A.11, PM10 Maintenance 

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

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

SIP Subsection IX.A.12: PM10 Maintenance Provisions 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 repeal 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 SIP Subsection IX.A.12, PM10 Maintenance 

Provisions for Ogden City. Kerry Kelly seconded. The Board approved unanimously. 

XII. Propose for Public Comment: Repeal Existing SIP 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 Practices, PM10 Requirements. Presented by Bill 

Reiss. 

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

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

them federally enforceable. The portions of Part H that pertain to PM10 were created as part of the 
Air Quality Board September 2, 2015 Page 6 of 9 

1991 SIP. RACT for PM10 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 were last revised in 2005 as part of that PM10

maintenance plan previously mentioned. That revision was proposed to be disapproved by EPA but it 

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

additional PM10 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 PM10, SO2, or NOx as the criteria for 

inclusion to that list. We are not adding volatile organic compounds (VOC) as a precursor to PM10. 

It is of course a precursor to PM2.5 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 PM10. 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 PM10 SIP revision for Utah County and also 

the PM2.5 limits, the specificity that we are including in Part H has been limited now to only the most 

significant source component. As mentioned, in the 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. There is no longer an annual standard for PM10. That was 

revoked in 2006. Some of the refinements in these 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 PM10 SIP with other 

regulatory limits that are currently on the books. The PM10 conditions proposed for Part H 

Subsections 1 through 4 look substantially the same as the PM2.5 requirements recently approved into 

Subsections 10, 11, and 12, the coarse PM2.5 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 proactive 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 putting 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 Mountainland 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 organization to move forward with its plan. In addition, 

Rick McKeague with his expertise in a new model 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 billion 
Air 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 Matter; and Amend R307-110-17. Section IX, Control 

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

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

response to EPA’s partial disapproval of the DAQ’s infrastructure SIP for PM2.5. 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 enforceable requirement that any potential conflicts of 

interests by the head of an executive 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 rules 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 Emission 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: Operating 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 air quality related terms in the Utah Code. This 

proposed rule amends the current air quality rules so that they reflect the changes 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, R307-303, 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 suggested. 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 established. 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 legislative approved wage increases last year. Additionally, 

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

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

emissions for the fiscal year 2017 operating permit fee 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 criteria 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 legislative session but it did not pass. It will need 

to be a legislative change to allow DAQ to establish 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 year 2017. Arnold Reitze seconded. The Board 

approved unanimously. 

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

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

104(3)(b)(i), this item is provided to the Board for 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, Utah. 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 Incorporated a compliance advisory for failing to 

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

the self-disclosure. DAQ and R.N. Industries Incorporated 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 increments, with the first payment due within 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 and has submitted a signed copy to DAQ. Staff recommends that the 

Board approve the penalty amount and the early settlement offer. 

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

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

that it will not. If the first payment is not paid within 20 days of the Board’s approval and within 30 
Air 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 County Commissioner, as the recommended replacement 

for government representative not with the federal government vacancy on the Board. His 

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

A. Air Toxics. Presented by Robert Ford. 

B. Compliance. Presented by Jay 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

Alan Matheson

Executive Director

DIVISION OF AIR QUALITY

Bryce C. Bird

Director

DAQ-061-15

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 (SO2) emission reductions from the Carbon Plant closure in the 

recently adopted Alternative to Bart Regional Haze SIP, but would not take credit for those SO2 reductions 

in the annual Regional Haze SO2 Milestone Report as required in the original Section 309 Regional Haze 

SIP. This approach ensures that SO2 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 and 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 Regional Haze SIP. 

195 North 1950 West • Salt Lake City, Utah 

Mailing Address: P.O. Box 144820 • Salt Lake City, Utah 84114-4820 

Telephone (801) 536-4000 • 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 sections 110,

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

SIP. EPA applies three factors when determining 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 plants ceased operation. This enforceable shutdown will resulted in 

SO2 reductions 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. The resulting combined annual emissions of NOx, SO2, and 

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

controls. Simultaneously, as part of the annual milestone reports required by the Utah SIP 

and Section 309 of the Federal Regional Haze Rule (40 CFR Part 51), Utah tracks SO2

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

initial Utah 309 plan. If the 8,005 tons/year 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 SO2 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 SO2 emissions from the Carbon units only.

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 

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

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

Carbon Units. Thus, the amount of the reduction is limited to 8,005 tons.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 has already achieved the 2018 milestone.
3. 40 CFR 51.309 sets forth emissions inventory requirements for tracking compliance with 

the SO2 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 SO2 in the year 2000 or in any subsequent 

year to submit an annual inventory of SO2 emissions, 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 SO2 inventory for tracking compliance with the 

regional SO2 milestones until 2018. As necessary, 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 Ccommitments 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 SO2 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 hearing.

5. Utah will submit 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 SO2

emissions reported by the Carbon units in the annual report of SO2 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 SIP 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 S02 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 Carbon 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 SIP 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 and 
2 

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 Enforceable 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 Enforceable 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 issue 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 Regional 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 requires 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 determined 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. Nothing 
4 

in the Utah EC SIP prevents Wyoming and 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). Because each state’s emissions 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

Alan Matheson

Executive Director

DIVISION OF AIR QUALITY

Bryce C. Bird

Director

DAQ-058-15

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 amendments to R307-110-28. 

195 North 1950 West • Salt Lake City, Utah 

Mailing Address: P.O. Box 144820 • Salt Lake City, Utah 84114-4820 

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

www.deq.utah.gov

Printed on 100% recycled paper
R307-110-28 September 23, 2015 Page 1 of 1

1 R307. Environmental Quality, Air Quality.

2 R307-110. General Requirements: State Implementation Plan.

3 R307-110-28. Regional Haze.

4 The Utah State Implementation Plan, Section XX, Regional 

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

6 [September xx]October 7, 2015, pursuant to Section 19-2-104, is 

7 hereby incorporated by reference and made a part of these 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)
ITEM 6
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

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 conditional approval of sections of Utah’s PM2.5 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 

committed to revising the SIP. These amendments will satisfy that commitment. 

Amendments to R307-101-2: The definition of PM2.5 includes a description of all PM2.5 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 PM2.5 precursors are not included in any other part of our rules, 

we are proposing to remove the PM2.5 precursors from the definition of PM2.5. 

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 equivalent 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, Utah 

Mailing Address: P.O. Box 144820 • Salt Lake City, Utah 84114-4820 

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

www.deq.utah.gov

Printed on 100% recycled paper
R307-101-2 September 23, 2015 Page 1 of 17

1 R307. Environmental Quality, Air Quality.

2 R307-101. General Requirements.

3 R307-101-2. Definitions.

4 Except where specified in individual rules, definitions in 

5 R307-101-2 are applicable to all rules adopted by the Air Quality 

6 Board.

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

8 pollutant from an emissions unit determined as follows:

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

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

11 actually emitted the pollutant during a two-year period which 

12 precedes the particular date and which is representative of normal 

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

14 different time period upon a determination that it is more 

15 representative of normal source operation. Actual emissions shall 

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

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

18 during the selected time period.

19 (2) The director may presume that source-specific allowable 

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

21 the unit.

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

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

24 operations on the particular date, actual emissions shall equal 

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

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

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

28 emissions of the unit following the physical or operational change 

29 shall equal the representative actual annual emissions of the 

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

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

32 the date the unit resumes regular operation, information 

33 demonstrating that the physical or operational change did not 

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

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

36 determines such a period to be more representative of normal 

37 source post-change operations.

38 "Acute Hazardous Air Pollutant" means any noncarcinogenic 

39 hazardous air pollutant for which a threshold limit value -

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

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

42 Values for Chemical Substances and Physical Agents and Biological 

43 Exposure Indices, (2009)."

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

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

46 and water vapors (Section 19-2-102(1)).

47 "Air Contaminant Source" means any and all sources of 
R307-101-2 September 23, 2015 Page 2 of 17

1 emission of air contaminants whether privately or publicly owned 

2 or operated (Section 19-2-102(2)).

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

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

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

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

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

8 property as determined by the standards, rules and regulations 

9 adopted by the Air Quality Board (Section 19-2-104).

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

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

12 the source is subject to enforceable limits which restrict the 

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

14 limitation established pursuant to R307-401-8.

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

16 19-2-102(4)).

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

18 town or county.

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

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

21 exterior ducts.

22 "Authorized Local Authority" means a city, county, city23 county or district health department; a city, county or 

24 combination fire department; or other local agency duly designated 

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

26 Health; and other lawfully adopted ordinances, codes or 

27 regulations not in conflict therewith.

28 "Board" means Air Quality Board. See Section 19-2-102(8)(a).

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

30 include but not limited to any malfunction or procedural error 

31 during start-up and shutdown, which will result in the 

32 inoperability or sudden loss of performance of the control 

33 equipment or process equipment causing emissions in excess of 

34 those allowed by approval order or Title R307.

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

36 necessary to raise the temperature of one pound of water one 

37 degree Fahrenheit.

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

39 readout over a stated period of time of normal continuous 

40 operation when the VOC concentration at the time of measurement is 

41 the same known upscale value.

42 "Carbon Adsorption System" means a device containing 

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

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

45 disposal or reuse of all VOC adsorbed.

46 "Carcinogenic Hazardous Air Pollutant" means any hazardous 

47 air pollutant that is classified as a known human carcinogen (A1) 
R307-101-2 September 23, 2015 Page 3 of 17

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

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

3 Values for Chemical Substances and Physical Agents and Biological 

4 Exposure Indices, (2009)."

5 "Chargeable Pollutant" means any regulated air pollutant 

6 except the following:

7 (1) Carbon monoxide;

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

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

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

11 Ozone Protection;

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

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

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

15 "Chronic Hazardous Air Pollutant" means any noncarcinogenic 

16 hazardous air pollutant for which a threshold limit value - time 

17 weighted average (TLV-TWA) having no threshold limit value -

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

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

20 Values for Chemical Substances and Physical Agents and Biological 

21 Exposure Indices, (2009)."

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

23 1990.

24 "Clean Coal Technology" means any technology, including 

25 technologies applied at the precombustion, combustion, or post 

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

27 significant reductions in air emissions of sulfur dioxide or 

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

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

30 widespread use as of November 15, 1990.

31 "Clean Coal Technology Demonstration Project" means a project 

32 using funds appropriated under the heading "Department of Energy33 Clean Coal Technology," up to a total amount of $2,500,000,000 for 

34 commercial demonstration of clean coal technology, or similar 

35 projects funded through appropriations for the Environmental 

36 Protection Agency. The Federal contribution for a qualifying 

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

38 demonstration project.

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

40 clearance of ground level pollutants from a given area. This 

41 number is provided by the National Weather Service.

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

43 major modification means that the owner or operator has all 

44 necessary pre-construction approvals or permits and either has:

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

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

47 a reasonable time; or
R307-101-2 September 23, 2015 Page 4 of 17

1 (2) Entered into binding agreements or contractual 

2 obligations, which cannot be canceled or modified without 

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

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

5 reasonable time.

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

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

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

9 particulate matter immediately after discharge from the stack.

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

11 which will result in compliance with these regulations.

12 "Construction" means any physical change or change in the 

13 method of operation including fabrication, erection, installation, 

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

15 change in actual emissions.

16 "Control Apparatus" means any device which prevents or 

17 controls the emission of any air contaminant directly or 

18 indirectly into the outdoor atmosphere.

19 "Department" means Utah State Department of Environmental 

20 Quality. See Section 19-1-103(1).

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

22 See Section 19-1-103(1).

23 "Division" means the Division of Air Quality.

24 "Electric Utility Steam Generating Unit" means any steam 

25 electric generating unit that is constructed for the purpose of 

26 supplying more than one-third of its potential electric output 

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

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

29 distribution system for the purpose of providing steam to a steam30 electric generator that would produce electrical energy for sale 

31 is also considered in determining the electrical energy output 

32 capacity of the affected facility.

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

34 an air contaminant or an effluent which contains or may contain an 

35 air contaminant; or the effluent so discharged into the 

36 atmosphere.

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

38 operation, equipment or control apparatus:

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

40 frequency, concentration, or other characteristics related to air 

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

42 source operation, equipment, or control apparatus;

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

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

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

46 applicable standard or limitation, the source operation was 

47 authorized to emit (including, to the extent necessary for such 
R307-101-2 September 23, 2015 Page 5 of 17

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

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

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

4 the source operation to the extent necessary to identify the 

5 source operation and to distinguish it from other source 

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

7 a description of the device, installation, or operation 

8 constituting the source operation).

9 "Emission Limitation" means a requirement established by the 

10 Board, the director or the Administrator, EPA, which limits the 

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

12 continuous emission reduction including any requirement relating 

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

14 emission reduction (Section 302(k)).

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

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

17 regulation under the Clean Air Act.

18 "Enforceable" means all limitations and conditions which are 

19 enforceable by the Administrator, including those requirements 

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

21 the State Implementation Plan and R307, any permit requirements 

22 established pursuant to 40 CFR 52.21 or R307-401.

23 "EPA" means Environmental Protection Agency.

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

25 "Visual Determination of Opacity of Emissions from Stationary 

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

27 emissions from stationary sources remotely by LIDAR."

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

29 Department of Environmental Quality. See Section 19-1-103(2).

30 "Existing Installation" means an installation, construction 

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

32 having application to it.

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

34 or accessories thereof, installed or acquired for the primary 

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

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

37 comfort of personnel.

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

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

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

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

42 train.

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

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

45 similarly prepared device connected to a chimney which provides 

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

47 fire chamber fully or at least partially open to the room. 
R307-101-2 September 23, 2015 Page 6 of 17

1 Fireplaces include those devices with circulating systems, heat 

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

3 of no greater than twenty percent and are used for aesthetic 

4 purposes.

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

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

7 becomes airborne because of wind or mechanical disturbance of 

8 surfaces. Natural sources of dust and fugitive emissions are not 

9 fugitive dust within the meaning of this definition.

10 "Fugitive Emissions" means emissions from an installation or 

11 facility which are neither passed through an air cleaning device 

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

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

14 "Garbage" means all putrescible animal and vegetable matter 

15 resulting from the handling, preparation, cooking and consumption 

16 of food, including wastes attendant thereto.

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

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

19 pounds or greater.

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

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

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

23 available at the Division of Air Quality.

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

25 generated by the family in a residence in the course of ordinary 

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

27 products, rags, leaves and garden trash.

28 "Incinerator" means a combustion apparatus designed for high 

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

30 gaseous combustible wastes are ignited and burned efficiently and 

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

32 combustible material.

33 "Installation" means a discrete process with identifiable 

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

35 Pollution equipment shall not be considered a separate 

36 installation or installations.

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

38 butane.

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

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

41 state implementation plan, and that has been redesignated by EPA 

42 from nonattainment to attainment of any National Ambient Air 

43 Quality Standard.

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

45 ozone:

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

47 (ii) Davis County, effective August 18, 1997.
R307-101-2 September 23, 2015 Page 7 of 17

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

2 carbon monoxide:

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

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

5 (iii) Provo City, effective January 3, 2006.

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

7 PM10:

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

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

10 July 6, 2005; and

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

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

13 2005; and

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

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

16 2005.

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

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

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

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

21 January 5, 2005.

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

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

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

25 emissions increase that is significant for volatile organic 

26 compounds shall be considered significant for ozone. Within Salt 

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

28 emissions increase that is significant for nitrogen oxides shall 

29 be considered significant for ozone. Within areas of 

30 nonattainment for PM10, a significant net emission increase for 

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

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

33 shall not include:

34 (1) routine maintenance, repair and replacement;

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

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

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

38 gas curtailment plan pursuant to the Federal Power Act;

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

40 under section 125 of the federal Clean Air Act;

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

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

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

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

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

46 enforceable permit condition; or

47 (b) which the source is otherwise approved to use;
R307-101-2 September 23, 2015 Page 8 of 17

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

2 production rate unless such change would be prohibited under any 

3 enforceable permit condition;

4 (7) any change in ownership at a source

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

6 project at an existing electric utility steam generating unit, 

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

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

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

10 pollution control project would result in a significant net 

11 increase in representative actual annual emissions of any criteria 

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

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

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

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

16 contribute to a violation of any national ambient air quality 

17 standard or PSD increment, or visibility limitation.

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

19 temporary clean coal technology demonstration project, provided 

20 that the project complies with:

21 (a) the Utah State Implementation Plan; and

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

23 national ambient air quality standards during the project and 

24 after it is terminated.

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

26 Clean Air Act as applicable to R307:

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

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

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

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

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

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

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

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

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

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

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

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

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

40 Clean Air Act; or

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

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

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

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

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

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

47 qualifying under subpart 1 as a major source, if the change would 
R307-101-2 September 23, 2015 Page 9 of 17

1 constitute a major source by itself;

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

3 source shall not be included in determining for any of the 

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

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

6 categories of stationary sources:

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

8 (b) Kraft pulp mills;

9 (c) Portland cement plants;

10 (d) Primary zinc smelters;

11 (e) Iron and steel mills;

12 (f) Primary aluminum or reduction plants;

13 (g) Primary copper smelters;

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

15 tons of refuse per day;

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

17 (j) Petroleum refineries;

18 (k) Lime plants;

19 (l) Phosphate rock processing plants;

20 (m) Coke oven batteries;

21 (n) Sulfur recovery plants;

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

23 (p) Primary lead smelters;

24 (q) Fuel conversion plants;

25 (r) Sintering plants;

26 (s) Secondary metal production plants;

27 (t) Chemical process plants;

28 (u) Fossil-fuel boilers (or combination thereof) totaling 

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

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

31 storage capacity exceeding 300,000 barrels;

32 (w) Taconite ore processing plants;

33 (x) Glass fiber processing plants;

34 (y) Charcoal production plants;

35 (z) Fossil fuel-fired steam electric plants of more than 250 

36 million British Thermal Units per hour heat input;

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

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

39 federal Clean Air Act.

40 "Modification" means any planned change in a source which 

41 results in a potential increase of emission.

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

43 allowable concentrations of air pollutants in the ambient air 

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

45 Regulations, Part 50).

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

47 the following exceeds zero:
R307-101-2 September 23, 2015 Page 10 of 17

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

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

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

4 the source that are contemporaneous with the particular change and 

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

6 emissions increase":

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

8 contemporaneous with the increase from the particular change only 

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

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

11 from the particular change occurs.

12 (b) An increase or decrease in actual emissions is 

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

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

15 increase in actual emissions for the particular change occurs.

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

17 dioxide, nitrogen oxides or particulate matter which occurs before 

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

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

20 allowable increases remaining available. With respect to 

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

22 this increase or decrease.

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

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

25 level.

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

27 extent that:

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

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

30 actual emissions;

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

32 construction on the particular change begins; and

33 (iii) It has approximately the same qualitative significance 

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

35 from the particular change.

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

37 R307-401 nor has it been relied on in demonstrating attainment or 

38 reasonable further progress.

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

40 source occurs when the emissions unit on which construction 

41 occurred becomes operational and begins to emit a particular 

42 pollutant. Any replacement unit that requires shakedown becomes 

43 operational only after a reasonable shakedown period, not to 

44 exceed 180 days.

45 "New Installation" means an installation, construction of 

46 which began after the effective date of any regulation having 

47 application to it.
R307-101-2 September 23, 2015 Page 11 of 17

1 "Nonattainment Area" means an area designated by the 

2 Environmental Protection Agency as nonattainment under Section 

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

4 The designations for Utah are listed in 40 CFR 81.345.

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

6 greater than the emission limitation imposed on such source by 

7 these regulations and/or the State Implementation Plan.

8 "Opacity" means the capacity to obstruct the transmission of 

9 light, expressed as percent.

10 "Open Burning" means any burning of combustible materials 

11 resulting in emission of products of combustion into ambient air 

12 without passage through a chimney or stack.

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

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

15 or air pollution control equipment.

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

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

18 Clean Air Act.

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

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

21 EPA reference or equivalent method.

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

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

24 chemical or physical changes that convert it into particulate 

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

26 applicable implementation plan for PM2.5 as significant for the 

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

28 precursors include SO2, NOx, and VOC.]

29 "PM10" means particulate matter with an aerodynamic diameter 

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

31 EPA reference or equivalent method.

32 "PM10 Precursor" means any chemical compound or substance 

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

34 chemical or physical changes that convert it into particulate 

35 matter, specifically PM10.

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

37 requirements of R307-415.

38 "Person" means an individual, trust, firm, estate, company, 

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

40 agency or entity, municipality, commission, or political 

41 subdivision of a state. (Subsection 19-2-103(4)).

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

43 an existing electric utility steam generating unit for purposes of 

44 reducing emissions from such unit. Such activities or projects 

45 are limited to:

46 (1) The installation of conventional or innovative pollution 

47 control technology, including but not limited to advanced flue gas 

48 desulfurization, sorbent injection for sulfur dioxide and nitrogen 
R307-101-2 September 23, 2015 Page 12 of 17

1 oxides controls and electrostatic precipitators;

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

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

4 activity or project, including, but not limited to natural gas or 

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

6 the purpose of controlling emissions;

7 (3) A permanent clean coal technology demonstration project 

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

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

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

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

12 technology, or similar projects funded through appropriations for 

13 the Environmental Protection Agency; or

14 (4) A permanent clean coal technology demonstration project 

15 that constitutes a repowering project.

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

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

18 physical or operational limitation on the capacity of the source 

19 to emit a pollutant including air pollution control equipment and 

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

21 material combusted, stored, or processed shall be treated as part 

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

23 emissions is enforceable. Secondary emissions do not count in 

24 determining the potential to emit of a stationary source.

25 "Primary PM2.5" means the sum of filterable PM2.5 and 

26 condensable PM2.5.

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

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

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

30 material or process intermediate consumed, or product generated, 

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

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

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

34 of fuel burned per unit of time.

35 "Reactivation of a Very Clean Coal-Fired Electric Utility 

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

37 method of operation associated with the commencement of commercial 

38 operations by a coal-fired utility unit after a period of 

39 discontinued operation where the unit:

40 (1) Has not been in operation for the two-year period prior 

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

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

43 inventory at the time of enactment;

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

45 of emissions control that achieves a removal efficiency for sulfur 

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

47 particulates of no less than 98 percent;
R307-101-2 September 23, 2015 Page 13 of 17

1 (3) Is equipped with low-NOx burners prior to the time of 

2 commencement of operations following reactivation; and

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

4 Clean Air Act.

5 "Reasonable Further Progress" means annual incremental 

6 reductions in emission of an air pollutant which are sufficient to 

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

8 State Implementation Plan.

9 "Refuse" means solid wastes, such as garbage and trash.

10 "Regulated air pollutant" means any of the following:

11 (a) Nitrogen oxides or any volatile organic compound;

12 (b) Any pollutant for which a national ambient air quality 

13 standard has been promulgated;

14 (c) Any pollutant that is subject to any standard 

15 promulgated under Section 111 of the Act, Standards of Performance 

16 for New Stationary Sources;

17 (d) Any Class I or II substance subject to a standard 

18 promulgated under or established by Title VI of the Act, 

19 Stratospheric Ozone Protection;

20 (e) Any pollutant subject to a standard promulgated under 

21 Section 112, Hazardous Air Pollutants, or other requirements 

22 established under Section 112 of the Act, including Sections 

23 112(g), (j), and (r) of the Act, including any of the following:

24 (i) Any pollutant subject to requirements under Section 

25 112(j) of the Act, Equivalent Emission Limitation by Permit. If 

26 the Administrator fails to promulgate a standard by the date 

27 established pursuant to Section 112(e) of the Act, any pollutant 

28 for which a subject source would be major shall be considered to 

29 be regulated on the date 18 months after the applicable date 

30 established pursuant to Section 112(e) of the Act;

31 (ii) Any pollutant for which the requirements of Section 

32 112(g)(2) of the Act (Construction, Reconstruction and 

33 Modification) have been met, but only with respect to the 

34 individual source subject to Section 112(g)(2) requirement.

35 "Repowering" means replacement of an existing coal-fired 

36 boiler with one of the following clean coal technologies: 

37 atmospheric or pressurized fluidized bed combustion, integrated 

38 gasification combined cycle, magnetohydrodynamics, direct and 

39 indirect coal-fired turbines, integrated gasification fuel cells, 

40 or as determined by the Administrator, in consultation with the 

41 Secretary of Energy, a derivative of one or more of these 

42 technologies, and any other technology capable of controlling 

43 multiple combustion emissions simultaneously with improved boiler 

44 or generation efficiency and with significantly greater waste 

45 reduction relative to the performance of technology in widespread 

46 commercial use as of November 15, 1990.

47 (1) Repowering shall also include any oil and/or gas-fired 
R307-101-2 September 23, 2015 Page 14 of 17

1 unit which has been awarded clean coal technology demonstration 

2 funding as of January 1, 1991, by the Department of Energy.

3 (2) The director shall give expedited consideration to 

4 permit applications for any source that satisfies the requirements 

5 of this definition and is granted an extension under section 409 

6 of the Clean Air Act.

7 "Representative Actual Annual Emissions" means the average 

8 rate, in tons per year, at which the source is projected to emit a 

9 pollutant for the two-year period after a physical change or 

10 change in the method of operation of unit, (or a different 

11 consecutive two-year period within 10 years after that change, 

12 where the director determines that such period is more 

13 representative of source operations), considering the effect any 

14 such change will have on increasing or decreasing the hourly 

15 emissions rate and on projected capacity utilization. In 

16 projecting future emissions the director shall:

17 (1) Consider all relevant information, including but not 

18 limited to, historical operational data, the company's own 

19 representations, filings with the State of Federal regulatory 

20 authorities, and compliance plans under title IV of the Clean Air 

21 Act; and

22 (2) Exclude, in calculating any increase in emissions that 

23 results from the particular physical change or change in the 

24 method of operation at an electric utility steam generating unit, 

25 that portion of the unit's emissions following the change that 

26 could have been accommodated during the representative baseline 

27 period and is attributable to an increase in projected capacity 

28 utilization at the unit that is unrelated to the particular 

29 change, including any increased utilization due to the rate of 

30 electricity demand growth for the utility system as a whole.

31 "Residence" means a dwelling in which people live, including 

32 all ancillary buildings.

33 "Residential Solid Fuel Burning" device means any residential 

34 burning device except a fireplace connected to a chimney that 

35 burns solid fuel and is capable of, and intended for use as a 

36 space heater, domestic water heater, or indoor cooking appliance, 

37 and has an air-to-fuel ratio less than 35-to-1 as determined by 

38 the test procedures prescribed in 40 CFR 60.534. It must also 

39 have a useable firebox volume of less than 6.10 cubic meters or 20 

40 cubic feet, a minimum burn rate less than 5 kilograms per hour or 

41 11 pounds per hour as determined by test procedures prescribed in 

42 40 CFR 60.534, and weigh less than 800 kilograms or 362.9 pounds. 

43 Appliances that are described as prefabricated fireplaces and are 

44 designed to accommodate doors or other accessories that would 

45 create the air starved operating conditions of a residential solid 

46 fuel burning device shall be considered as such. Fireplaces are 

47 not included in this definition for solid fuel burning devices.
R307-101-2 September 23, 2015 Page 15 of 17

1 "Road" means any public or private road.

2 "Salvage Operation" means any business, trade or industry 

3 engaged in whole or in part in salvaging or reclaiming any product 

4 or material, including but not limited to metals, chemicals, 

5 shipping containers or drums.

6 "Secondary Emissions" means emissions which would occur as a 

7 result of the construction or operation of a major source or major 

8 modification, but do not come from the major source or major 

9 modification itself.

10 Secondary emissions must be specific, well defined, 

11 quantifiable, and impact the same general area as the source or 

12 modification which causes the secondary emissions. Secondary 

13 emissions include emissions from any off-site support facility 

14 which would not be constructed or increase its emissions except as 

15 a result of the construction or operation of the major source or 

16 major modification. Secondary emissions do not include any 

17 emissions which come directly from a mobile source such as 

18 emissions from the tailpipe of a motor vehicle, from a train, or 

19 from a vessel.

20 Fugitive emissions and fugitive dust from the source or 

21 modification are not considered secondary emissions.

22 "Secondary PM2.5" means particles that form or grow in mass 

23 through chemical reactions in the ambient air well after dilution 

24 and condensation have occurred. Secondary PM2.5 is usually formed 

25 at some distance downwind from the source.

26 "Significant" means:

27 (1) In reference to a net emissions increase or the 

28 potential of a source to emit any of the following pollutants, a 

29 rate of emissions that would equal or exceed any of the following 

30 rates:

31 Carbon monoxide: 100 ton per year (tpy);

32 Nitrogen oxides: 40 tpy;

33 Sulfur dioxide: 40 tpy;

34 PM10: 15 tpy;

35 PM2.5: 10 tpy;

36 Particulate matter: 25 tpy;

37 Ozone: 40 tpy of volatile organic compounds;

38 Lead: 0.6 tpy.

39 "Solid Fuel" means wood, coal, and other similar organic 

40 material or combination of these materials.

41 "Solvent" means organic materials which are liquid at 

42 standard conditions (Standard Temperature and Pressure) and which 

43 are used as dissolvers, viscosity reducers, or cleaning agents.

44 "Source" means any structure, building, facility, or 

45 installation which emits or may emit any air pollutant subject to 

46 regulation under the Clean Air Act and which is located on one or 

47 more continuous or adjacent properties and which is under the 
R307-101-2 September 23, 2015 Page 16 of 17

1 control of the same person or persons under common control. A 

2 building, structure, facility, or installation means all of the 

3 pollutant-emitting activities which belong to the same industrial 

4 grouping. Pollutant-emitting activities shall be considered as 

5 part of the same industrial grouping if they belong to the same 

6 "Major Group" (i.e. which have the same two-digit code) as 

7 described in the Standard Industrial Classification Manual, 1972, 

8 as amended by the 1977 Supplement (US Government Printing Office 

9 stock numbers 4101-0065 and 003-005-00176-0, respectively).

10 "Stack" means any point in a source designed to emit solids, 

11 liquids, or gases into the air, including a pipe or duct but not 

12 including flares.

13 "Standards of Performance for New Stationary Sources" means 

14 the Federally established requirements for performance and record 

15 keeping (Title 40 Code of Federal Regulations, Part 60).

16 "State" means Utah State.

17 "Temporary" means not more than 180 calendar days.

18 "Temporary Clean Coal Technology Demonstration Project" means 

19 a clean coal technology demonstration project that is operated for 

20 a period of 5 years or less, and which complies with the Utah 

21 State Implementation Plan and other requirements necessary to 

22 attain and maintain the national ambient air quality standards 

23 during the project and after it is terminated.

24 "Threshold Limit Value - Ceiling (TLV-C)" means the airborne 

25 concentration of a substance which may not be exceeded, as adopted 

26 by the American Conference of Governmental Industrial Hygienists 

27 in its "Threshold Limit Values for Chemical Substances and 

28 Physical Agents and Biological Exposure Indices, (2009)."

29 "Threshold Limit Value - Time Weighted Average (TLV-TWA)" 

30 means the time-weighted airborne concentration of a substance 

31 adopted by the American Conference of Governmental Industrial 

32 Hygienists in its "Threshold Limit Values for Chemical Substances 

33 and Physical Agents and Biological Exposure Indices, (2009)."

34 "Total Suspended Particulate (TSP)" means minute separate 

35 particles of matter, collected by high volume sampler.

36 "Toxic Screening Level" means an ambient concentration of an 

37 air contaminant equal to a threshold limit value - ceiling (TLV38 C) or threshold limit value -time weighted average (TLV-TWA) 

39 divided by a safety factor.

40 "Trash" means solids not considered to be highly flammable or 

41 explosive including, but not limited to clothing, rags, leather, 

42 plastic, rubber, floor coverings, excelsior, tree leaves, yard 

43 trimmings and other similar materials.

44 "Volatile Organic Compound (VOC)" means VOC as defined in 40 

45 CFR 51.100(s), effective as of the date referenced in R307-101-3, 

46 is hereby adopted and incorporated by reference.

47 "Waste" means all solid, liquid or gaseous material, 
R307-101-2 September 23, 2015 Page 17 of 17

1 including, but not limited to, garbage, trash, household refuse, 

2 construction or demolition debris, or other refuse including that 

3 resulting from the prosecution of any business, trade or industry.

4 "Zero Drift" means the change in the instrument meter readout 

5 over a stated period of time of normal continuous operation when 

6 the VOC concentration at the time of measurement is zero.

7

8

9 KEY: air pollution, definitions

10 Date of Enactment or Last Substantive Amendment: [August 7, 

11 2014]2015

12 Notice of Continuation: May 8, 2014

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

14
R307-312-5 September 23, 2015 Page 1 of 1

1

2 R307. Environmental Quality, Air Quality.

3 R307-312. Aggregate Processing Operations for PM2.5 Nonattainment 

4 Areas.

5 R307-312-5. Hot Mix Asphalt Plants.

6 (1) The filterable PM2.5 emission rate from a hot mix 

7 asphalt plant dryer shall not exceed 0.024 grains per dscf.

8 (a) Filterable PM2.5 emissions shall be determined by 40 CFR 

9 51, Appendix M, Method 201A.

10 (2) From November 1 to March 1, a hot mix asphalt plant 

11 burning a fuel other than natural gas or liquefied petroleum gas 

12 (LPG) shall not produce more than 50% of its rated capacity.

13 (a) Production shall be determined by scale house records,

14 belt scale records or [equivalent method]manifest statements on a 

15 daily basis.

16 (b) Compliance shall be based on either the daily amount of 

17 hot mix asphalt produced averaged over the operating day or the 

18 daily amount of hot mix asphalt produced while burning a fuel 

19 other than natural gas or LPG averaged over the time the plant is 

20 operating while burning a fuel other than natural gas or LPG each 

21 day.

22 (c) Compliance shall be determined by production records and 

23 fuel records.

24

25

26 KEY: air pollution, aggregate, asphalt, concrete

27 Date of Enactment or Last Substantive Amendment: [February 1, 

28 2013]2015

29 Authorizing, and Implemented or Interpreted Law: 19-2-101; 19-2-

30 104; 19-2-109
R307-328-4 September 23, 2015 Page 1 of 2

1 R307. Environmental Quality, Air Quality.

2 R307-328. Gasoline Transfer and Storage.

3 R307-328-4. Loading of Tank Trucks, Trailers, Railroad Tank Cars, 

4 and Other Transport Vehicles.

5 (1) No person shall load or permit the loading of gasoline 

6 into any gasoline cargo tank unless the emissions from such 

7 vehicle are controlled by use of a vapor collection and control 

8 system and submerged or bottom filling. RACT shall be required 

9 and in no case shall vapor emissions to the atmosphere exceed 

10 0.640 pounds per 1,000 gallons transferred.

11 (2) Such vapor collection and control system shall be 

12 properly installed and maintained.

13 (3) The loading device shall not leak.

14 (4) The loading device shall utilize the dry-break loading 

15 design couplings and shall be maintained and operated to allow no 

16 more than an average of 15 cc drainage per disconnect for 5 

17 consecutive disconnects.

18 (5) All loading and vapor lines shall be equipped with 

19 fittings which make a vapor tight connection and shall 

20 automatically close upon disconnection to prevent release of the 

21 organic material.

22 (6) A gasoline storage and transfer installation that 

23 receives inbound loads and dispatches outbound loads ("bulk 

24 plant") need not comply with R307-328-4 if it does not have a 

25 daily average throughput of more than 3,900 gallons (15,000 or 

26 more liters) of gasoline based upon a 30-day rolling average. 

27 Such installations shall on-load and off-load gasoline by use of 

28 bottom or submerged filling [or alternative equivalent methods]. 

29 The emission limitation is based on operating procedures and 

30 equipment specifications using Reasonably Available Control 

31 Technology as defined in EPA documents EPA 450/2-77-026 October 

32 1977, "Control of Hydrocarbons from Tank Truck Gasoline Loading 

33 Terminals," and EPA-450/2-77-035 December 1977, "Control of 

34 Volatile Organic Emissions from Bulk Gasoline Plants." The design 

35 effectiveness of such equipment and the operating procedures must 

36 be documented and submitted to and approved by the director.

37 (7) Hatches of gasoline cargo tanks shall not be opened at 

38 any time during loading operations except to avoid emergency 

39 situations or during emergency situations. Pressure relief valves 

40 on storage tanks and gasoline cargo tanks shall be set to release 

41 at the highest possible pressure, in accordance with State or 

42 local fire codes and National Fire Prevention Association 

43 guidelines. Pressure in the vapor collection system shall not 

44 exceed the gasoline cargo tank pressure relief setting.

45 (8) Each owner or operator of a gasoline storage or 

46 dispensing installation shall conduct testing of vapor collection 

47 systems used at such installation and shall maintain records of 
R307-328-4 September 23, 2015 Page 2 of 2

1 all tests for no less than two years. Testing procedures of vapor 

2 collection systems shall be approved by the director and shall be 

3 consistent with the procedures described in the EPA document, 

4 "Control of Volatile Organic Compound Leaks from Gasoline Tank 

5 Trucks and Vapor Collection Systems," EPA-450/2-78-051.

6 (9) Semi-annual testing shall be conducted and records 

7 maintained of such test. The frequency of tests may be altered by 

8 the director upon submittal of documentation which would justify a 

9 change.

10 (10) The vapor collection and vapor processing equipment 

11 shall be designed and operated to prevent gauge pressure in the 

12 gasoline cargo tank from exceeding 18 inches of water and prevent 

13 vacuum from exceeding 6 inches of water. During testing and 

14 monitoring, there shall be no reading greater than or equal to 100 

15 percent of the lower explosive limit measured at 1.04 inches 

16 around the perimeter of a potential leak source as detected by a 

17 combustible gas detector. Potential leak sources include, but are 

18 not limited to, piping, seals, hoses, connections, pressure or 

19 vacuum vents, and vapor hoods. In addition, no visible liquid 

20 leaks are permitted during testing or monitoring.

21

22 KEY: air pollution, gasoline transport, ozone

23 Date of Enactment or Last Substantive Amendment: [June 7, 

24 2011]2015

25 Notice of Continuation: February 1, 2012

26 Authorizing, and Implemented or Interpreted Law: 19-2-101; 19-2-

27 104(1)(a)
ITEM 7
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

DAQ-057-15

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 FOR 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 final 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 identified 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 that the Board propose amendments to R307-405-3 and R307-

415-3 for public comment. 

195 North 1950 West • Salt Lake City, Utah 

Mailing Address: P.O. Box 144820 • Salt Lake City, Utah 84114-4820 

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

www.deq.utah.gov

Printed on 100% recycled paper
DAQ-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 

ensures 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 these 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 program, 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 substantive 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 Rule 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 increased 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 invalid in UARG v EPA. 
R307-405-3 September 23, 2015 Page 1 of 3

1 R307. Environmental Quality, Air Quality.

2 R307-405. Permits: Major Sources in Attainment or Unclassified 

3 Areas (PSD).

4

5 R307-405-3. Definitions.

6 (1) Except as provided in (2) and (9) below, the definitions 

7 contained in 40 CFR 52.21(b) are hereby incorporated by reference.

8 (2)(a) In the definition of "baseline area" in 40 CFR 

9 52.21(b)(15)(ii)(b) insert the words "or R307-405" after "Is 

10 subject to 40 CFR 52.21".

11 (b) "Reviewing Authority" means the director.

12 (c)(i) The term "Administrator" shall be changed to 

13 "director" throughout R307-405, except as provided in (ii).

14 (ii) The term "Administrator" shall be changed to "EPA 

15 Administrator" in the following incorporated sections:

16 (A) 40 CFR 52.21(b)(17),

17 (B) 40 CFR 52.21(b)(37)(i),

18 (C) 40 CFR 52.21(b)(43),

19 (D) 40 CFR 52.21(b)(48)(ii)(c),

20 (E) 40 CFR 52.21(b)(50)(i),

21 (F) 40 CFR 52.21(l)(2),

22 (G) 40 CFR 52.21(p)(2), and

23 (H) 40 CFR 51.166(q)(2)(iv).

24 (d) The following definitions or portions of definitions 

25 that apply to the equipment repair and replacement provisions are 

26 not incorporated because these provisions were vacated by the DC 

27 Circuit Court of Appeals on March 17, 2006:

28 (i) in the definition major modification in 40 CFR 

29 52.21(b)(2), the second sentence in subparagraph (iii)(a),

30 (ii) the definition of "process unit" in 40 CFR 

31 52.21(b)(55),

32 (iii) the definition of "functionally equivalent component" 

33 in 40 CFR 52.21(b)(56),

34 (iv) the definition of "fixed capital cost" in 40 CFR 52.21 

35 (b)(57), and

36 (v) the definition of "total capital investment" in 40 CFR 

37 52.21(b)(58).

38 (e) In the definition of "Regulated NSR pollutant" in 40 CFR 

39 52.21(b)(50), subparagraph (iv) shall be changed to read, "Any 

40 pollutant that otherwise is subject to regulation under the Act." 

41 A new subparagraph (v) shall be added that reads, "The term 

42 regulated NSR pollutant shall not include any or all hazardous air 

43 pollutants either listed in section 112 of the federal Clean Air 

44 Act, or added to the list pursuant to section 112(b)(2) of the 

45 federal Clean Air Act, and which have not been delisted pursuant 
R307-405-3 September 23, 2015 Page 2 of 3

1 to section 112(b)(3) of the federal Clean Air Act, unless the 

2 listed hazardous air pollutant is also regulated as a constituent 

3 or precursor of a general pollutant listed under section 108 of 

4 the federal Clean Air Act."

5 (3) "Air Quality Related Values," as used in analyses under 

6 40 CFR 52.21 (p) that is incorporated by reference in R307-405-17, 

7 means those special attributes of a Class I area, assigned by a 

8 federal land manager, that are adversely affected by air quality.

9 (4) "Heat input" means heat input as defined in 40 CFR 

10 52.01(g), that is hereby incorporated by reference.

11 (5) "Title V permit" means any permit or group of permits 

12 covering a Part 70 source that is issued, renewed, amended, or 

13 revised pursuant to R307-415.

14 (6) "Title V Operating Permit Program" means R307-415.

15 (7) The definition of "Good Engineering Practice (GEP) Stack 

16 Height" as defined in R307-410 shall apply in this rule.

17 (8) The definition of "Dispersion Technique" as defined in 

18 R307-410 shall apply in this rule.

19 (9) "Subject to regulation" means, for any air pollutant, 

20 that the pollutant is subject to either a provision in the federal 

21 Clean Air Act, or a nationally-applicable regulation codified by 

22 the Administrator in subchapter C of 40 CFR Chapter I, that 

23 requires actual control of the quantity of emissions of that 

24 pollutant, and that such a control requirement has taken effect 

25 and is operative to control, limit or restrict the quantity of 

26 emissions of that pollutant released from the regulated activity. 

27 Except that:

28 (a) "Greenhouse gases (GHGs)," the air pollutant defined in 

29 40 CFR 86.1818-12(a) (Federal Register, Vol. 75, Page 25686) as 

30 the aggregate group of six greenhouse gases: carbon dioxide, 

31 nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and 

32 sulfur hexafluoride, shall not be subject to regulation except as 

33 provided in paragraph[s] (d) [through (e)] of this section.

34 (b) For purposes of paragraphs (c) through ([e]d) of this 

35 section, the term "tons per year (tpy) CO2 equivalent emissions 

36 (CO2e)" shall represent an amount of GHGs emitted, and shall be 

37 computed as follows:

38 (i) Multiplying the mass amount of emissions (tpy), for each

39 of the six greenhouse gases in the pollutant GHGs, by the gas's 

40 associated global warming potential published at Table A-1 to 

41 subpart A of 40 CFR Part 98 - Global Warming Potentials, that is 

42 hereby incorporated by reference (Federal Register, Vol. 74, Pages 

43 56395-96).

44 (ii) Sum the resultant value from paragraph (b)(i) of this 

45 section for each gas to compute a tpy CO2e.
R307-405-3 September 23, 2015 Page 3 of 3

1 (c) The term "emissions increase" as used in paragraph[s] 

2 (d) [through (e)]of this section shall mean that both a 

3 significant emissions increase (as calculated using the procedures 

4 in 40 CFR 52.21 (a)(2)(iv) that is incorporated by reference in 

5 R307-405-2) and a significant net emissions increase (as defined 

6 in paragraphs 40 CFR 52.21(b)(3) and (b)(23) that is incorporated 

7 by reference in R307-405-3) occur. For the pollutant GHGs, an 

8 emissions increase shall be based on tpy CO2e, and shall be 

9 calculated assuming the pollutant GHGs is a regulated NSR 

10 pollutant, and ''significant'' is defined as 75,000 tpy CO2e 

11 instead of applying the value in paragraph 40 CFR 

12 52.21(b)(23)(ii).

13 (d) Beginning January 2, 2011, the pollutant GHGs is subject 

14 to regulation if:

15 (i) The stationary source is a new major stationary source 

16 for a regulated NSR pollutant that is not GHGs, and also will emit 

17 or will have the potential to emit 75,000 tpy CO2e or more; or

18 (ii) The stationary source is an existing major stationary 

19 source for a regulated NSR pollutant that is not GHGs, and also 

20 will have an emissions increase of a regulated NSR pollutant, and 

21 an emissions increase of 75,000 tpy CO2e or more[; and,

22 (e) Beginning July 1, 2011, in addition to the provisions in 

23 paragraph (d) of this section, the pollutant GHGs shall also be 

24 subject to regulation:

25 (i) At a new stationary source that will emit or have the 

26 potential to emit 100,000 tpy CO2e; or

27 (ii) At an existing stationary source that emits or has the 

28 potential to emit 100,000 tpy CO2e, when such stationary source 

29 undertakes a physical change or change in the method of operation 

30 that will result in an emissions increase of 75,000 tpy CO2e or 

31 more].

32

33

34 KEY: air pollution, PSD, Class I area, greenhouse gases

35 Date of Enactment or Last Substantive Amendment: [February 2, 

36 2012]2015

37 Notice of Continuation: January 28, 2014

38 Authorizing, and Implemented or Interpreted Law: 19-2-104
R307-415-3 September 23, 2015 Page 1 of 6

1 R307. Environmental Quality, Air Quality.

2 R307-415. Permits: Operating Permit Requirements.

3

4 R307-415-3. Definitions.

5 (1) The definitions contained in R307-101-2 apply throughout 

6 R307-415, except as specifically provided in (2).

7 (2) The following additional definitions apply to R307-415.

8 "Act" means the Clean Air Act, as amended, 42 U.S.C. 7401, et 

9 seq.

10 "Administrator" means the Administrator of EPA or his or her 

11 designee.

12 "Affected States" are all states:

13 (a) Whose air quality may be affected and that are 

14 contiguous to Utah; or

15 (b) That are within 50 miles of the permitted source.

16 "Air Pollutant" means an air pollution agent or combination 

17 of such agents, including any physical, chemical, biological, or 

18 radioactive (including source material, special nuclear material, 

19 and byproduct material) substance or matter which is emitted into 

20 or otherwise enters the ambient air. Such term includes any 

21 precursors to the formation of any air pollutant, to the extent 

22 the Administrator has identified such precursor or precursors for 

23 the particular purpose for which the term air pollutant is used.

24 "Applicable requirement" means all of the following as they 

25 apply to emissions units in a Part 70 source, including 

26 requirements that have been promulgated or approved by the Board 

27 or by the EPA through rulemaking at the time of permit issuance 

28 but have future-effective compliance dates:

29 (a) Any standard or other requirement provided for in the 

30 State Implementation Plan;

31 (b) Any term or condition of any approval order issued under 

32 R307-401;

33 (c) Any standard or other requirement under Section 111 of 

34 the Act, Standards of Performance for New Stationary Sources, 

35 including Section 111(d);

36 (d) Any standard or other requirement under Section 112 of 

37 the Act, Hazardous Air Pollutants, including any requirement 

38 concerning accident prevention under Section 112(r)(7) of the Act;

39 (e) Any standard or other requirement of the Acid Rain 

40 Program under Title IV of the Act or the regulations promulgated 

41 thereunder;

42 (f) Any requirements established pursuant to Section 504(b) 

43 of the Act, Monitoring and Analysis, or Section 114(a)(3) of the 

44 Act, Enhanced Monitoring and Compliance Certification;

45 (g) Any standard or other requirement governing solid waste 

46 incineration, under Section 129 of the Act;

47 (h) Any standard or other requirement for consumer and 
R307-415-3 September 23, 2015 Page 2 of 6

1 commercial products, under Section 183(e) of the Act;

2 (i) Any standard or other requirement of the regulations 

3 promulgated to protect stratospheric ozone under Title VI of the 

4 Act, unless the Administrator has determined that such 

5 requirements need not be contained in an operating permit;

6 (j) Any national ambient air quality standard or increment 

7 or visibility requirement under part C of Title I of the Act, but 

8 only as it would apply to temporary sources permitted pursuant to 

9 Section 504(e) of the Act;

10 (k) Any standard or other requirement under rules adopted by 

11 the Board.

12 "Area source" means any stationary source that is not a major 

13 source.

14 "Designated representative" shall have the meaning given to 

15 it in Section 402 of the Act and in 40 CFR Section 72.2, and 

16 applies only to Title IV affected sources.

17 "Draft permit" means the version of a permit for which the 

18 director offers public participation under R307-415-7i or affected 

19 State review under R307-415-8(2).

20 "Emissions allowable under the permit" means a federally21 enforceable permit term or condition determined at issuance to be 

22 required by an applicable requirement that establishes an 

23 emissions limit, including a work practice standard, or a 

24 federally-enforceable emissions cap that the source has assumed to 

25 avoid an applicable requirement to which the source would 

26 otherwise be subject.

27 "Emissions unit" means any part or activity of a stationary 

28 source that emits or has the potential to emit any regulated air 

29 pollutant or any hazardous air pollutant. This term is not meant 

30 to alter or affect the definition of the term "unit" for purposes 

31 of Title IV of the Act, Acid Deposition Control.

32 "Final permit" means the version of an operating permit 

33 issued by the director that has completed all review procedures 

34 required by R307-415-7a through 7i and R307-415-8.

35 "General permit" means an operating permit that meets the 

36 requirements of R307-415-6d.

37 "Hazardous Air Pollutant" means any pollutant listed by the 

38 Administrator as a hazardous air pollutant under Section 112(b) of 

39 the Act.

40 "Major source" means any stationary source (or any group of 

41 stationary sources that are located on one or more contiguous or 

42 adjacent properties, and are under common control of the same 

43 person (or persons under common control)) belonging to a single 

44 major industrial grouping and that are described in paragraphs 

45 (a), (b), or (c) of this definition. For the purposes of defining 

46 "major source," a stationary source or group of stationary sources 

47 shall be considered part of a single industrial grouping if all of 
R307-415-3 September 23, 2015 Page 3 of 6

1 the pollutant emitting activities at such source or group of 

2 sources on contiguous or adjacent properties belong to the same 

3 Major Group (all have the same two-digit code) as described in the 

4 Standard Industrial Classification Manual, 1987. Emissions 

5 resulting directly from an internal combustion engine for 

6 transportation purposes or from a non-road vehicle shall not be 

7 considered in determining whether a stationary source is a major 

8 source under this definition.

9 (a) A major source under Section 112 of the Act, Hazardous 

10 Air Pollutants, which is defined as: for pollutants other than 

11 radionuclides, any stationary source or group of stationary 

12 sources located within a contiguous area and under common control 

13 that emits or has the potential to emit, in the aggregate, ten 

14 tons per year or more of any hazardous air pollutant or 25 tons 

15 per year or more of any combination of such hazardous air 

16 pollutants. Notwithstanding the preceding sentence, emissions 

17 from any oil or gas exploration or production well, with its 

18 associated equipment, and emissions from any pipeline compressor 

19 or pump station shall not be aggregated with emissions from other 

20 similar units, whether or not such units are in a contiguous area 

21 or under common control, to determine whether such units or 

22 stations are major sources.

23 (b) A major stationary source of air pollutants, as defined 

24 in Section 302 of the Act, that directly emits or has the 

25 potential to emit, 100 tons per year or more of any air pollutant 

26 [subject to regulation,] including any major source of fugitive 

27 emissions or fugitive dust of any such pollutant as determined by 

28 rule by the Administrator. The fugitive emissions or fugitive 

29 dust of a stationary source shall not be considered in determining 

30 whether it is a major stationary source for the purposes of 

31 Section 302(j) of the Act, unless the source belongs to any one of 

32 the following categories of stationary source:

33 (i) Coal cleaning plants with thermal dryers;

34 (ii) Kraft pulp mills;

35 (iii) Portland cement plants;

36 (iv) Primary zinc smelters;

37 (v) Iron and steel mills;

38 (vi) Primary aluminum ore reduction plants;

39 (vii) Primary copper smelters;

40 (viii) Municipal incinerators capable of charging more than 

41 250 tons of refuse per day;

42 (ix) Hydrofluoric, sulfuric, or nitric acid plants;

43 (x) Petroleum refineries;

44 (xi) Lime plants;

45 (xii) Phosphate rock processing plants;

46 (xiii) Coke oven batteries;

47 (xiv) Sulfur recovery plants;
R307-415-3 September 23, 2015 Page 4 of 6

1 (xv) Carbon black plants, furnace process;

2 (xvi) Primary lead smelters;

3 (xvii) Fuel conversion plants;

4 (xviii) Sintering plants;

5 (xix) Secondary metal production plants;

6 (xx) Chemical process plants;

7 (xxi) Fossil-fuel boilers, or combination thereof, totaling 

8 more than 250 million British thermal units per hour heat input;

9 (xxii) Petroleum storage and transfer units with a total 

10 storage capacity exceeding 300,000 barrels;

11 (xxiii) Taconite ore processing plants;

12 (xxiv) Glass fiber processing plants;

13 (xxv) Charcoal production plants;

14 (xxvi) Fossil-fuel-fired steam electric plants of more than 

15 250 million British thermal units per hour heat input;

16 (xxvii) Any other stationary source category, which as of 

17 August 7, 1980 is being regulated under Section 111 or Section 112 

18 of the Act.

19 (c) A major stationary source as defined in part D of Title 

20 I of the Act, Plan Requirements for Nonattainment Areas, 

21 including:

22 (i) For ozone nonattainment areas, sources with the 

23 potential to emit 100 tons per year or more of volatile organic 

24 compounds or oxides of nitrogen in areas classified as "marginal" 

25 or "moderate," 50 tons per year or more in areas classified as 

26 "serious," 25 tons per year or more in areas classified as 

27 "severe," and 10 tons per year or more in areas classified as 

28 "extreme"; except that the references in this paragraph to 100, 

29 50, 25, and 10 tons per year of nitrogen oxides shall not apply 

30 with respect to any source for which the Administrator has made a 

31 finding, under Section 182(f)(1) or (2) of the Act, that 

32 requirements under Section 182(f) of the Act do not apply;

33 (ii) For ozone transport regions established pursuant to 

34 Section 184 of the Act, sources with the potential to emit 50 tons 

35 per year or more of volatile organic compounds;

36 (iii) For carbon monoxide nonattainment areas that are 

37 classified as "serious" and in which stationary sources contribute 

38 significantly to carbon monoxide levels as determined under rules 

39 issued by the Administrator, sources with the potential to emit 50 

40 tons per year or more of carbon monoxide;

41 (iv) For PM-10 particulate matter nonattainment areas 

42 classified as "serious," sources with the potential to emit 70 

43 tons per year or more of PM-10 particulate matter.

44 "Non-Road Vehicle" means a vehicle that is powered by an 

45 internal combustion engine (including the fuel system), that is 

46 not a self-propelled vehicle designed for transporting persons or 

47 property on a street or highway or a vehicle used solely for 
R307-415-3 September 23, 2015 Page 5 of 6

1 competition, and is not subject to standards promulgated under 

2 Section 111 of the Act (New Source Performance Standards) or 

3 Section 202 of the Act (Motor Vehicle Emission Standards).

4 "Operating permit" or "permit," unless the context suggests 

5 otherwise, means any permit or group of permits covering a Part 70 

6 source that is issued, renewed, amended, or revised pursuant to 

7 these rules.

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

9 requirements of R307-415, as provided in R307-415-4.

10 "Permit modification" means a revision to an operating permit 

11 that meets the requirements of R307-415-7f.

12 "Permit revision" means any permit modification or 

13 administrative permit amendment.

14 "Permit shield" means the permit shield as described in R307-

15 415-6f.

16 "Proposed permit" means the version of a permit that the 

17 director proposes to issue and forwards to EPA for review in 

18 compliance with R307-415-8.

19 "Renewal" means the process by which a permit is reissued at 

20 the end of its term.

21 "Responsible official" means one of the following:

22 (a) For a corporation: a president, secretary, treasurer, or 

23 vice-president of the corporation in charge of a principal 

24 business function, or any other person who performs similar policy 

25 or decision-making functions for the corporation, or a duly 

26 authorized representative of such person if the representative is 

27 responsible for the overall operation of one or more 

28 manufacturing, production, or operating facilities applying for or 

29 subject to a permit and either:

30 (i) the operating facilities employ more than 250 persons or 

31 have gross annual sales or expenditures exceeding $25 million in 

32 second quarter 1980 dollars; or

33 (ii) the delegation of authority to such representative is 

34 approved in advance by the director;

35 (b) For a partnership or sole proprietorship: a general 

36 partner or the proprietor, respectively;

37 (c) For a municipality, State, Federal, or other public 

38 agency: either a principal executive officer or ranking elected 

39 official. For the purposes of R307-415, a principal executive

40 officer of a Federal agency includes the chief executive officer 

41 having responsibility for the overall operations of a principal 

42 geographic unit of the agency;

43 (d) For Title IV affected sources:

44 (i) The designated representative in so far as actions, 

45 standards, requirements, or prohibitions under Title IV of the 

46 Act, Acid Deposition Control, or the regulations promulgated 

47 thereunder are concerned;
R307-415-3 September 23, 2015 Page 6 of 6

1 (ii) The responsible official as defined above for any other 

2 purposes under R307-415.

3 "Stationary source" means any building, structure, facility, 

4 or installation that emits or may emit any regulated air pollutant 

5 or any hazardous air pollutant.

6 ["Subject to regulation" means, for any air pollutant, that 

7 the pollutant is subject to either a provision in the Clean Air 

8 Act, or a nationally-applicable regulation codified by the 

9 Administrator in subchapter C of 40 CFR Chapter I, that requires 

10 actual control of the quantity of emissions of that pollutant, and 

11 that such a control requirement has taken effect and is operative 

12 to control, limit or restrict the quantity of emissions of that 

13 pollutant released from the regulated activity. Except that:

14 (a) "Greenhouse gases (GHGs)," the air pollutant defined in 

15 40 CFR 86.1818-12(a) (Federal Register, Vol. 75, Page 25686) as 

16 the aggregate group of six greenhouse gases: carbon dioxide, 

17 nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and 

18 sulfur hexafluoride, shall not be subject to regulation unless, as 

19 of July 1, 2011, the GHG emissions are at a stationary source 

20 emitting or having the potential to emit 100,000 tons per year 

21 (tpy) CO2 equivalent emissions.

22 (b) The term "tpy CO2 equivalent emissions (CO2e)" shall 

23 represent an amount of GHGs emitted, and shall be computed by 

24 multiplying the mass amount of emissions (tpy), for each of the 

25 six greenhouse gases in the pollutant GHGs, by the gas's 

26 associated global warming potential published at Table A-1 to 

27 subpart A of 40 CFR Part 98--Global Warming Potentials, that is 

28 hereby incorporated by reference (Federal Register, Vol. 74, Pages 

29 56395-96), and summing the resultant value for each to compute a 

30 tpy CO2e.]

31 "Title IV Affected source" means a source that contains one 

32 or more affected units as defined in Section 402 of the Act and in 

33 40 CFR, Part 72.

34

35 KEY: air pollution, greenhouse gases, operating permit, emission 

36 fees

37 Date of Enactment or Last Substantive Amendment: [March 7, 

38 2012]2015

39 Notice of Continuation: June 6, 2012

40 Authorizing, and Implemented or Interpreted Law: 19-2-109.1; 19-

41 2-104
ITEM 8
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

DAQ-060-15

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 R307-801. Utah Asbestos Rule. 

______________________________________________________________________________________ 

On March 25, 2015, Governor Gary Herbert signed Utah House Bill 229, Air Quality Modifications, into 

law. House Bill 229 revised the statutory definition of asbestos and modified what suspect asbestoscontaining 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 19-2-102 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 regulated 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, Utah 

Mailing Address: P.O. Box 144820 • Salt Lake City, Utah 84114-4820 

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

www.deq.utah.gov

Printed on 100% recycled paper
R307-801 September 23, 2015 Page 1 of 34

1 R307. Environmental Quality, Air Quality.

2 R307-801. Utah Asbestos Rule.

3 R307-801-1. Purpose and Authority.

4 This rule establishes procedures and requirements for 

5 asbestos abatement or renovation projects and training programs, 

6 procedures and requirements for the certification of persons and 

7 companies engaged in asbestos abatement or renovation projects, 

8 and work practice standards for performing such projects. This 

9 rule is promulgated under the authority of Utah Code Annotated 19-

10 2-104(1)(d), (3)([r]a)([i) through (]iii), (3)([s]b)(iv)(A), (B), 

11 and (C), (3)([t]b)(v), [and](6)(a), and (6)(b). Penalties are 

12 authorized by Utah Code Annotated 19-2-115. Fees are authorized by 

13 Utah Code Annotated 19-1-201(2)(i).

14

15 R307-801-2. Applicability and General Provisions.

16 (1) Applicability.

17 (a) The following persons are operators and are subject to 

18 the requirements of R307-801:

19 (i) Persons who contract for hire to conduct asbestos 

20 abatement, renovation, or demolition projects in regulated 

21 facilities;

22 (ii) Persons who conduct asbestos abatement, renovation, or 

23 demolition projects in areas where the general public has 

24 unrestrained access; [or]

25 (iii) Persons who conduct asbestos abatement, renovation, or 

26 demolition projects in school buildings subject to AHERA or who 

27 conduct asbestos inspections in facilities subject to TSCA Title 

28 II[.]; or

29 (iv) Persons who perform regulated work activities or 

30 renovation projects in single or multifamily residential 

31 structures where they do not live or intend to live immediately 

32 after the regulated work activity or renovation project is 

33 complete.

34 (b) The following persons are subject to certification 

35 requirements:

36 (i) Persons required by TSCA Title II or R307-801 to be 

37 accredited as inspectors, management planners, project designers, 

38 renovators, asbestos abatement supervisors, or asbestos abatement 

39 workers;

40 (ii) Persons who work on asbestos abatement projects as 

41 asbestos abatement workers, asbestos abatement supervisors, 

42 inspectors, project designers, or management planners; [and]

43 (iii) Persons who perform regulated work activities or 

44 renovation projects in single or multifamily residential 

45 structures where they do not live or intend to live immediately 
R307-801 September 23, 2015 Page 2 of 34

1 after the regulated work activity or project is complete; or

2 (i[ii]v) Companies that conduct asbestos abatement projects, 

3 renovation projects, inspections, create project designs, or 

4 prepare management plans in regulated facilities.

5 (c) Homeowners or condominium owners performing renovation 

6 or demolition activities in or on their own residential facilities 

7 where they live, that are otherwise not subject to the Asbestos 

8 NESHAP, are not subject to the requirements of this rule, however, 

9 a condominium complex of more than four units is subject to this 

10 rule and may also be subject to the Asbestos NESHAP [and R307-

11 801]regulation.

12 (d) Contractors for hire performing renovation or demolition 

13 activities are required to follow the inspection provisions of 

14 R307-801-9 and R307-801-10 and the notification provisions of 

15 R307-801-11 and R307-801-12.

16 (2) General Provisions.

17 (a) All persons who are required by R307-801 to obtain an 

18 approval, certification, determination, or notification from the 

19 director [must]shall obtain it in writing.

20 (b) Persons wishing to deviate from the certification, 

21 notification, work practices, or other requirements of R307-801 

22 may do so only after requesting and obtaining the written approval 

23 of the director.

24

25 R307-801-3. Definitions.

26 The following definitions apply to R307-801:

27 "Adequately Wet" means to sufficiently mix or penetrate with 

28 liquid to prevent the release of particulates. If visible 

29 emissions are observed coming from asbestos-containing material, 

30 then that material is not adequately wet. However, the absence of 

31 visible emissions is not sufficient evidence of being adequately 

32 wet.

33 "Amended Water" means a mixture of water and a chemical 

34 wetting agent that provides control of asbestos fiber release.

35 "AHERA" means the federal Asbestos Hazard Emergency Response 

36 Act of 1986 and the Environmental Protection Agency implementing 

37 regulations, 40 CFR Part 763, Subpart E - Asbestos-Containing 

38 Materials in Schools.

39 "AHERA Facility" means any structure subject to the federal 

40 AHERA requirements.

41 "Asbestos" means the asbestiform varieties of serpentine 

42 (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite 

43 (amosite), anthophyllite, [and] actinolite-tremolite, and Libby 

44 amphibole.

45 "Asbestos Abatement Project" means any activity involving the 
R307-801 September 23, 2015 Page 3 of 34

1 removal, repair, demolition, salvage, disposal, cleanup, or other 

2 disturbance of regulated asbestos-containing material greater than 

3 the small scale short duration (SSSD) amount of asbestos4 containing material.

5 "Asbestos Abatement Supervisor" means a person who is 

6 certified according to R307-801-6 and is responsible for ensuring 

7 work is conducted in accordance with the regulations and best work 

8 practices for asbestos abatement or renovation projects.

9 "Asbestos Abatement Worker" means a person who is certified 

10 according to R307-801-6 and performs asbestos abatement or 

11 renovation projects.

12 "Asbestos-Containing Material (ACM)" means any material 

13 containing more than 1% asbestos by the method specified in 40 CFR 

14 Part 763, Subpart E, Appendix E, Section 1, Polarized Light 

15 Microscopy (PLM), or, if the asbestos content is greater than a 

16 trace amount of asbestos, but less than 10% asbestos, the asbestos 

17 concentration shall be determined by point counting using PLM or 

18 any other method acceptable to the director.

19 "Asbestos-Containing Waste Material (ACWM)" means any waste 

20 generated from regulated asbestos-containing material (RACM) that 

21 contains any amount of asbestos and is generated by a source 

22 subject to the provisions of R307-801. This term includes filters 

23 from control devices, friable asbestos-containing waste material, 

24 and bags or other similar packaging contaminated with asbestos. As 

25 applied to demolition and renovation projects, this term also 

26 includes regulated asbestos-containing material waste and 

27 materials contaminated with asbestos including disposable 

28 equipment and clothing.

29 "Asbestos Inspection" means any activity undertaken to 

30 identify the presence and location, or to assess the condition, of 

31 asbestos-containing material or suspected asbestos-containing 

32 material, by visual or physical examination, or by collecting 

33 samples of the material. This term includes re-inspections of the 

34 type described in AHERA, 40 CFR 763.85(b), of known or assumed 

35 asbestos-containing material which has been previously identified.

36 The term does not include the following:

37 (a) Periodic surveillance of the type described in AHERA, 40 

38 CFR 763.92(b), solely for the purpose of recording or reporting a 

39 change in the condition of known or assumed asbestos-containing 

40 material;

41 (b) Inspections performed by employees or agents of federal, 

42 state, or local government solely for the purpose of regulatory 

43 oversight and/or determining compliance with applicable statutes 

44 or regulations; or

45 (c) Visual inspections of the type described in AHERA, 40 
R307-801 September 23, 2015 Page 4 of 34

1 CFR 763.90(i), solely for the purpose of determining completion of 

2 response actions.

3 "Asbestos Inspection Report" means a written report as 

4 specified in R307-801-10(6) describing an asbestos inspection 

5 performed by a certified asbestos inspector.

6 "Asbestos NESHAP" means the National Emission Standards for 

7 Hazardous Air Pollutants, 40 CFR Part 61, Subpart M,[the] National 

8 Emission Standard for Asbestos.

9 "Asbestos Removal" means the stripping of friable ACM from 

10 regulated facility components or the removal of structural 

11 components that contain or are covered with friable ACM from a 

12 regulated facility.

13 "Category I Non-Friable Asbestos-Containing Material" means 

14 asbestos-containing packings, gaskets, resilient floor coverings, 

15 or asphalt roofing products containing more than 1% asbestos as 

16 determined by using the method specified in 40 CFR Part 763, 

17 Subpart E, Appendix E, Section 1, Polarized Light Microscopy 

18 (PLM).

19 "Category II Non-Friable Asbestos-Containing Material" means 

20 any material, excluding Category I non-friable ACM, containing 

21 more than 1% asbestos as determined by using the methods specified 

22 in 40 CFR Part 763, Subpart E, Appendix E, Section 1, Polarized 

23 Light Microscopy (PLM) that, when dry, cannot be crumbled, 

24 pulverized, or reduced to powder by hand pressure.

25 "Condominium" means a building or complex of buildings in 

26 which units of property are owned by individuals and common parts 

27 of the property, such as the grounds, common areas, and building 

28 structure, are owned jointly by the condominium unit owners.

29 "Containerized" means sealed in a leak-tight and durable 

30 container.

31 "Debris" means friable or regulated asbestos-containing 

32 material that has been dislodged and has fallen from its original 

33 substrate and position or which has fallen while remaining 

34 attached to substrate sections or fragments.

35 "Demolition Project" means the wrecking, salvage, or removal 

36 of any load-supporting structural member of a regulated facility 

37 together with any related handling operations, or the intentional 

38 burning of any regulated facility. This includes the moving of an 

39 entire building, but excludes the moving of structures, vehicles, 

40 or equipment with permanently attached axles, such as trailers, 

41 motor homes, and mobile homes that are specifically designed to be 

42 moved.

43 "Director" means the Director of the Utah Division of Air 

44 Quality.

45 "Disturb" means to disrupt the matrix, crumble, pulverize, or 
R307-801 September 23, 2015 Page 5 of 34

1 generate visible debris from ACM or RACM.

2 "Emergency Abatement or Renovation Project" means any 

3 asbestos abatement or renovation project which was not planned and 

4 results from a sudden, unexpected event that, if not immediately 

5 attended to, presents a safety or public health hazard, is 

6 necessary to protect equipment from damage, or is necessary to 

7 avoid imposing an unreasonable financial burden as determined by 

8 the director. This term includes operations necessitated by non9 routine failure of equipment, natural disasters, fire, or 

10 flooding, but does not include situations caused by the lack of 

11 planning.

12 "Encapsulant" means a permanent coating applied to the 

13 surface of friable ACM for the purpose of preventing the release 

14 of asbestos fibers. The encapsulant creates a membrane over the 

15 surface (bridging encapsulant) or penetrates the material and 

16 binds its components together (penetrating encapsulant).

17 "Friable Asbestos-Containing Material[(Friable ACM)]" means 

18 any asbestos-containing material that, when dry, can be crumbled, 

19 pulverized, or reduced to powder by hand pressure.

20 "Glove bag" means an impervious plastic bag-like enclosure, 

21 not [more than]to exceed 60 x 60 inches, affixed around an 

22 asbestos-containing material, with glove-like appendages through 

23 which material and tools may be handled.

24 "General Building Remodeling Activities" means the alteration 

25 in any way of one or more regulated structure components, 

26 excluding asbestos abatement, renovation, and demolition projects.

27 "Government Official" means an engineer, building official, 

28 or health officer employed by a governmental jurisdiction that has 

29 a responsibility for public safety or health in the jurisdiction 

30 where the structure is located.

31 "High-Efficiency Particulate Air (HEPA)" means a filtration 

32 system capable of trapping and retaining at least 99.97% of all 

33 mono-dispersed particles 0.3 micron in diameter.

34 "Inaccessible" means in a physically restricted or obstructed 

35 area, or covered in such a way that detection or removal is 

36 prevented or severely hampered.

37 "Inspector" means a person who is certified according to 

38 R307-801-6, conducts asbestos inspections, or oversees the 

39 preparation of asbestos inspection reports.

40 "Libby Amphibole" means loose-fill vermiculite type 

41 insulation material originating in Libby, Montana, or elsewhere, 

42 used in regulated facilities subject to this rule and has greater 

43 than 1% asbestiform varieties of serpentine (chrysotile), 

44 riebeckite (crocidolite), cummingtonite-grunerite (amosite), 

45 anthophyllite, and actinolite-tremolite, as defined earlier in 
R307-801 September 23, 2015 Page 6 of 34

1 this section, and winchite, richterite, tremolite, magnesio2 riebikite, magnesio-arfvedsonite, and edenite using United States 

3 Environmental Protection Agency Method EPA/600/R93/116 or other 

4 method as approved by the director.

5 "Management Plan" means a document that meets the 

6 requirements of AHERA for management plans for asbestos in 

7 schools.

8 "Management Planner" means a person who is certified 

9 according to R307-801-6 and oversees the preparation of management 

10 plans for school buildings subject to AHERA.

11 "Model Accreditation Plan (MAP)" means 40 CFR Part 763, 

12 Subpart E, Appendix C, Asbestos Model Accreditation Plan.

13 "NESHAP Amount" means combined amounts in a project that

14 total:

15 (a) 260 linear feet (80 linear meters) of pipe covered with 

16 RACM;

17 (b) 160 square feet (15 square meters) of RACM used to cover 

18 or coat any duct, boiler, tank, reactor, turbine, equipment, 

19 structural member, or regulated facility component; or

20 (c) 35 cubic feet (one cubic meter) of RACM removed from 

21 regulated facility structural members or components where the 

22 length and area could not be measured previously.

23 "NESHAP Facility" means any institutional, commercial, 

24 public, industrial, or residential structure, installation, or 

25 building, (including any structure, installation, or building 

26 containing condominiums or individual dwelling units operated as a 

27 residential co-operative, but excluding residential buildings 

28 having four or fewer dwelling units); any ship; and any active or 

29 inactive waste disposal site. For purposes of this definition, any 

30 building, structure, or installation that contains a loft used as 

31 a dwelling is not considered a residential structure, 

32 installation, or building. Any structure, installation, or 

33 building that was previously subject to the Asbestos NESHAP is not 

34 excluded, regardless of its current use or function.

35 "NESHAP-Sized Project" means any project that involves at 

36 least the NESHAP amount of ACM.

37 "Non-Friable Asbestos-Containing Material" means any material 

38 containing more than 1% asbestos, as determined using the methods 

39 specified in 40 CFR Part 763, Subpart E, Appendix E, Section 1, 

40 Polarized Light Microscopy (PLM), that, when dry, cannot be 

41 crumbled, pulverized, or reduced to powder by hand pressure.

42 "Open Top Catch Bag" means either an asbestos waste bag or 

43 six mil polyethylene sheeting which is sealed at both ends and 

44 used by certified asbestos abatement workers, in a manner not to 

45 disturb the matrix of the asbestos-containing material, to collect 
R307-801 September 23, 2015 Page 7 of 34

1 preformed RACM pipe insulation in either a crawl space or pipe 

2 chase less than six feet high or less than three feet wide.

3 "Phased Project" means either an asbestos abatement, 

4 renovation, or demolition project that contains multiple start and 

5 stop dates corresponding to separate operations or areas where the 

6 entire asbestos abatement, renovation, or demolition project 

7 cannot or will not be performed continuously.

8 "Preformed RACM Pipe Insulation" means prefabricated 

9 asbestos-containing thermal system insulation on pipes formed in 

10 sections that can be removed without disturbing the matrix of the 

11 asbestos-containing material.

12 "Project Designer" means a person who is certified according 

13 to R307-801-6 and prepares a design for an asbestos abatement 

14 project in school buildings subject to AHERA or prepares an 

15 asbestos clean-up plan in a regulated facility where an asbestos 

16 disturbance greater than the SSSD amount has occurred.

17 "Regulated Asbestos-Containing Material (RACM)" means friable 

18 ACM, Category I non-friable ACM that has become friable, Category 

19 I non-friable ACM that will be or has been subjected to sanding, 

20 grinding, cutting, or abrading, or Category II non-friable ACM 

21 that has a high probability of becoming or has become crumbled, 

22 pulverized, or reduced to powder by the forces expected to act on 

23 the material in the course of demolition or renovation project 

24 operations.

25 "Regulated Facilities" means residential facilities, AHERA

26 facilities, or NESHAP facilities where:

27 (a) A sample has been identified and analyzed to contain, or 

28 is assumed under R307-801-10(5) to contain, greater than 1% 

29 asbestos; and

30 (b) The material from where the sample was collected will be 

31 disturbed and rendered friable during the abatement, demolition, 

32 or renovation activities.

33 "Regulated Facility Component" means any part of a regulated 

34 facility including equipment.

35 "Renovation Project" means any activity involving the 

36 removal, repair, salvage, disposal, cleanup, or other disturbance 

37 of greater than the SSSD amount of RACM, but less than the NESHAP 

38 amount of RACM, and the intent of the project is not asbestos 

39 abatement or demolition. Renovation Projects can be performed in 

40 NESHAP or residential facilities, but cannot be performed in AHERA 

41 facilities.

42 "Renovator" means a person who is certified according to 

43 R307-801-6 and is responsible for ensuring work that is conducted 

44 on a renovation project is performed in accordance with the 

45 regulatory requirements and best work practices for a greater than 
R307-801 September 23, 2015 Page 8 of 34

1 the SSSD amount of RACM, but less than the NESHAP amount of RACM, 

2 where the intent of the project is to perform a renovation project 

3 and not to perform an asbestos abatement or demolition project. 

4 Renovation projects can be performed in NESHAP or residential 

5 facilities but cannot be performed in AHERA facilities.

6 "Residential Facility" means a building used primarily for 

7 residential purposes, has four or fewer units,[and] is otherwise

8 not subject to the Asbestos NESHAP, and is not a residential 

9 outbuilding structure of less than 100 square feet.

10 "Small-Scale, Short-Duration (SSSD)" means a project that 

11 removes or disturbs less than three square feet or three linear 

12 feet of RACM in a regulated facility.

13 “Sprayed-on or Painted-on Ceiling Treatment” means a 

14 surfacing material or treatment that has been applied to the 

15 ceiling regardless of application method. The application of paint 

16 that has no added materials is not considered a ceiling treatment.

17 "Strip" means to take off ACM from any part of a regulated 

18 facility or a regulated facility component.

19 "Structural Member" means any load-supporting member of a 

20 regulated facility, such as beams and load-supporting walls or any 

21 non-load supporting member, such as ceilings and non-load 

22 supporting walls.

23 "Suspect or Suspected Asbestos-Containing Material" means all 

24 building materials that have the potential to contain asbestos, 

25 except building materials made entirely of glass, fiberglass, 

26 wood, metal, or rubber.

27 "Training Hour" means at least 50 minutes of actual learning, 

28 including, but not limited to, time devoted to lecture, learning 

29 activities, small group activities, demonstrations, evaluations, 

30 and hands-on experience.

31 "TSCA" means the Toxic Substances Control Act.

32 "TSCA Accreditation" means successful completion of training 

33 as an inspector, management planner, project designer, contractor34 supervisor, or worker, as specified in the TSCA Title II.

35 "TSCA Title II" means 15 U.S.C. 2601 et seq., Toxic 

36 Substances Control Act, Subchapter II - Asbestos Hazard Emergency 

37 Response.

38 "Unrestrained Access" means without fences, closed doors, 

39 personnel, or any other method intended to restrict public entry.

40 "Waste Generator" means any owner or operator of an asbestos 

41 abatement or renovation project covered by R307-801 whose act or 

42 process produces ACWM.

43 "Working Day" means weekdays, Monday through Friday, 

44 including holidays.

45
R307-801 September 23, 2015 Page 9 of 34

1 R307-801-4. Adoption and Incorporation of 40 CFR 763 Subpart E.

2 (1) The provisions of 40 CFR 763 Subpart E, including 

3 appendices, effective as of the date referenced in R307-101-3, are 

4 hereby adopted and incorporated by reference.

5 (2) Implementation of the provisions of 40 CFR Part 763, 

6 Subpart E, except for the Model Accreditation Plan, shall be 

7 limited to those provisions for which the EPA has waived its 

8 requirements in accordance with 40 CFR 763.98, Waiver; delegation 

9 to State, as published at 52 FR 41826, (October 30, 1987).

10

11 R307-801-5. Company Certification.

12 (1) All persons shall operate under:

13 (a) An asbestos company certification before contracting for 

14 hire, at a regulated facility, to conduct asbestos inspections, 

15 create management plans, create project designs, or conduct 

16 asbestos abatement projects, or

17 (b) Either an asbestos renovation company certification or 

18 asbestos company certification before contracting for hire to 

19 conduct asbestos abatement or renovation projects at a regulated 

20 facility.

21 (2) To obtain an asbestos company certification or an 

22 asbestos

23 renovation company certification, all persons shall submit a 

24 properly completed application for certification on a form 

25 provided by the director and pay the appropriate fee[(renovation 

26 company certification fee shall be $200.00 per year)].

27 (3) Unless revoked or suspended, an asbestos company 

28 certification or an asbestos renovation company certification 

29 shall remain in effect until the expiration date provided by the 

30 director.

31

32 R307-801-6. Individual Certification.

33 (1) All persons shall have an individual 

34 certification[before contracting for hire, at a regulated 

35 facility,] to conduct asbestos inspections, create management 

36 plans, create project designs, conduct asbestos renovation 

37 projects, or conduct asbestos abatement projects at a regulated 

38 facility.

39 (2) To obtain certification as an asbestos abatement worker, 

40 asbestos abatement supervisor, inspector, project designer, 

41 renovator, or management planner, each person shall:

42 (a) Provide personal identifying information;

43 (b) Pay the appropriate fee[(renovator certification fee 

44 shall be $100.00 per year)];

45 (c) Complete the appropriate form or forms provided by the 
R307-801 September 23, 2015 Page 10 of 34

1 director;

2 (d) Provide certificates of initial and current refresher 

3 training, if applicable, that demonstrates accreditation in the 

4 appropriate discipline. Certificates from courses approved by the 

5 director, courses approved in a state that has an accreditation 

6 program that meets the TSCA Title II Appendix C Model 

7 Accreditation Plan (MAP), or courses that are approved by EPA 

8 under TSCA Title II are acceptable unless the director has 

9 determined that the course does not meet the requirements of TSCA 

10 accreditation training required by R307-801; and

11 (e) Complete a new initial training course as required by 

12 the AHERA MAP, or for the renovator certification, R307-801, if 

13 there is a period of more than one year from the previous initial 

14 or refresher training certificate expiration date.

15 (3) Duration and Renewal of Certification.

16 (a) Unless revoked or suspended, a certification shall 

17 remain in effect until the expiration date of the current 

18 certificate of TSCA accreditation for the specific discipline.

19 (b) To renew certification, the individual shall:

20 (i) Submit a properly completed application for renewal on a 

21 form provided by the director;

22 (ii) Submit a current certificate of TSCA accreditation, or 

23 for the renovator certification, a training certificate from a 

24 renovator course accredited by the director, for initial or 

25 refresher training in the appropriate discipline; and

26 (iii) Pay the appropriate fee[(renovator recertification fee 

27 shall be $100.00 per year)].

28

29 R307-801-7. Denial and Cause for Suspension and Revocation of 

30 Company and Individual Certifications.

31 (1) An application for certification may be denied if the 

32 individual, applicant company, or any principal officer of the 

33 applicant company has a documented history of non-compliance with 

34 the requirements, procedures, or standards established by R307-

35 801, R307-214-1, which incorporates the Asbestos NESHAP, AHERA, or 

36 with the requirements of any other entity regulating asbestos 

37 activities and training programs.

38 (2) The director may revoke or suspend any certification 

39 based upon documented violations of any requirement of R307-801, 

40 AHERA, or the Asbestos NESHAP, including but not limited to:

41 (a) Falsifying or knowingly omitting information in any 

42 written submittal required by those regulations;

43 (b) Permitting the duplication or use of a certificate of 

44 TSCA accreditation for the purpose of preparing a falsified 

45 written submittal; or
R307-801 September 23, 2015 Page 11 of 34

1 (c) Repeated work practice violations.

2

3 R307-801-8. Approval of Training Courses.

4 (1) To obtain approval of a training course, the course 

5 provider shall provide a written application to the director that 

6 includes:

7 (a) The name, address, telephone number, and institutional 

8 affiliation of the person sponsoring the course;

9 (b) The course curriculum;

10 (c) A letter that clearly indicates how the course meets the 

11 Model Accreditation Plan (MAP) and R307-801 requirements for 

12 length of training in hours, amount and type of hands-on training, 

13 examinations (including length, format, example of examination or 

14 questions, and passing scores), and topics covered in the course;

15 (d) A copy of all course materials, including student 

16 manuals, instructor notebooks, handouts, etc.;

17 (e) The names and qualifications of all course instructors, 

18 including all academic credentials and field experience in 

19 asbestos abatement projects, inspections, project designs, 

20 management planning, or renovation projects;

21 (f) An example of numbered certificates issued to students 

22 who attend the course and pass the examination. The certificate 

23 shall include a unique certificate number; the name of the 

24 student; the name of the course completed; the dates of the course 

25 and the examination; an expiration date one year from the date the 

26 student completed the course and examination, or for the purposes 

27 of the renovator course, a progressive lengthening of the 

28 refresher training schedule of one year after the initial 

29 training, three years after the first refresher training, and five 

30 years after the second refresher training and all subsequent 

31 refresher training courses; the name, address, and telephone 

32 number of the training provider that issued the certificate; and a 

33 statement that the person receiving the certificate has completed 

34 the requisite training for TSCA or director accreditation;

35 (g) A written commitment from the training provider to teach 

36 the submitted training course(s) in Utah on a regular basis; and

37 (h) Payment of the appropriate fee.

38 (2) To maintain approval of a training course, the course 

39 provider shall:

40 (a) Provide training that meets the requirements of R307-801 

41 and the MAP;

42 (b) Provide the director with the names, government-issued 

43 picture identification card number, and certificate numbers of all 

44 persons successfully completing the course within 30 working days 

45 of successful completion;
R307-801 September 23, 2015 Page 12 of 34

1 (c) Keep the records specified for training providers in the 

2 MAP for three years;

3 (d) Permit the director or authorized representative to 

4 attend, evaluate, and monitor any training course without 

5 receiving advance notice from the director and without charge to 

6 the director; and

7 (e) Notify the director of any new course instructor ten 

8 working days prior to the day the new instructor presents or 

9 teaches any course for Renovator or TSCA Accreditation purposes. 

10 The training notification form shall include:

11 (i) The name and qualifications of each course instructor, 

12 including appropriate academic credentials and field experience in 

13 asbestos abatement projects, inspections, management plans, 

14 project designs, or renovations; and

15 (ii) A list of the course(s) or specific topics that will be 

16 taught by the instructor.

17 (f) Submit the initial or refresher course materials 

18 required by R307-801-8(1) to the director for course re19 accreditation in a time period not to exceed four years.

20 (3) All course providers that provide an AHERA or Renovator 

21 training course or refresher course in the state of Utah shall:

22 (a) Notify the director of the location, date, and time of 

23 the course at least ten working days before the first day of the 

24 course;

25 (b) Update the training notification form as soon as 

26 possible before, but no later than one day before the original 

27 course date if the course is rescheduled or canceled before the 

28 course is held; and

29 (c) Allow the director or authorized representative to 

30 conduct an audit of any course provided to determine whether the 

31 course provider meets the requirements of the MAP and of R307-801.

32 (4) Renovator Certification Course. The renovator 

33 certification course shall be a minimum of eight training hours, 

34 with a minimum of two hours devoted to hands-on training 

35 activities, and shall include an examination of at least 25 

36 questions that the student [must]shall pass with a 70% or greater 

37 proficiency rate. Instruction in the topics described in R307-801-

38 8(4)(c), (d), and (e) shall be included in the hands-on portion of 

39 the course. The minimum curriculum requirements for the renovator 

40 certification course shall adequately address the following 

41 topics:

42 (a) The physical characteristics of asbestos and asbestos43 containing materials, including identification of asbestos, 

44 aerodynamic characteristics, typical uses, physical appearance, a 

45 review of hazard assessment considerations, and a summary of 
R307-801 September 23, 2015 Page 13 of 34

1 renovation project control options;

2 (b) Potential health effects related to asbestos exposure, 

3 including the nature of asbestos-related diseases, routes of 

4 exposure, dose-response relationships and the lack of a safe 

5 exposure level, synergism between cigarette smoking and asbestos 

6 exposure, and latency period for diseases;

7 (c) Personal protective equipment, including selection of 

8 respirator and personal protective clothing, and handling of non9 disposable clothing;

10 (d) State-of-the-art work practices, including proper work 

11 practices for renovation projects, including descriptions of 

12 proper construction and maintenance of barriers and 

13 decontamination enclosure systems, positioning of warning signs, 

14 lock-out of electrical and ventilation systems, proper working 

15 techniques for minimizing fiber release, use of wet methods, use 

16 of negative pressure exhaust ventilation equipment, use of HEPA 

17 vacuums, and proper clean-up and disposal procedures and state-of18 the-art work practices for removal, encapsulation, enclosure, and 

19 repair of ACM, emergency procedures for unplanned releases, 

20 potential exposure situations, transport and disposal procedures, 

21 and recommended and prohibited work practices. New renovation 

22 project techniques and methodologies may be discussed;

23 (e) Personal hygiene, including entry and exit procedures 

24 for the work area, methods of decontamination, avoidance of 

25 eating, drinking, smoking, and chewing (gum or tobacco) in the 

26 work area, and methods to limit exposures to family members;

27 (f) Medical monitoring, including OSHA requirements for 

28 physical examinations, including a pulmonary function test, chest 

29 x-rays, and a medical history for each employee;

30 (g) Relevant federal and state regulatory requirements, 

31 procedures, and standards, including:

32 (i) OSHA standards for permissible exposure to airborne 

33 concentrations of asbestos fibers and respiratory protection (29 

34 CFR 1910.134);

35 (ii) OSHA Asbestos Construction Standard (29 CFR 1926.1101); 

36 and

37 (iii) UAC R307-801 Utah Asbestos Rule.

38 (h) Recordkeeping and notification requirements for 

39 renovation projects including records and project notification[s]

40 forms required by state regulations and records recommended for 

41 legal and insurance purposes;

42 (i) Supervisory techniques for renovation projects, 

43 including supervisory practices to enforce and reinforce the 

44 required work practices and discourage unsafe work practices; and

45 (j) Course review, including a review of key aspects of the 
R307-801 September 23, 2015 Page 14 of 34

1 training course.

2 (5) Renovator Recertification Course. The renovator 

3 recertification course shall be a minimum of four hours, shall 

4 adequately address changes in the federal regulations, state 

5 administrative rules, state-of-the-art developments, appropriate 

6 work practices, employee personal protective equipment, 

7 recordkeeping, and notification requirements for renovation 

8 projects, and shall include a course review.

9

10 R307-801-9. Asbestos Abatement, Renovation, and Demolition 

11 Projects: Requirement to Inspect.

12 (1) Applicability. Contractors are required to have an 

13 asbestos inspection performed by a Utah certified asbestos 

14 inspector working for a Utah certified asbestos company. The 

15 asbestos inspection report shall be on-site and available when 

16 regulated work activities are being performed. Owners of 

17 residential structures including condominium owners of four units 

18 or less, not otherwise subject to the Asbestos NESHAP, are not 

19 required to perform asbestos inspections. Owners of a condominium 

20 complex of more than four units are subject to R307-801, may also

21 be subject to the Asbestos NESHAP [and R307-801 and may be], but 

22 are required to perform asbestos inspections.

23 [Contractors for hire are subject to the inspection requirements 

24 of R307-801-9.]

25 (2) Except as described in R307-801-9(1) and 9(3), the owner 

26 and operator shall ensure that the regulated facility to be 

27 demolished, abated, or renovated is thoroughly inspected for 

28 asbestos-containing material by an inspector certified under the 

29 provisions of R307-801-6. An asbestos inspection report shall be 

30 generated according to the provisions of R307-801-10 and completed 

31 prior to the start of the asbestos abatement, renovation, or 

32 demolition project if materials required to be identified in R307-

33 801-10(3) will be disturbed during that project. The operator 

34 shall make the asbestos inspection report available on-site to all 

35 persons who have access to the site for the duration of the 

36 renovation, abatement, or demolition project, and to the director 

37 or authorized representative upon request.

38 (3) If the regulated facility has been ordered to be 

39 demolished because it is found by a government official to be 

40 structurally unsound and in danger of imminent collapse or a 

41 public health hazard, the operator may demolish the regulated 

42 facility without having the regulated facility inspected for 

43 asbestos. If no asbestos inspection is conducted, the operator 

44 shall:

45 (a) Ensure that all resulting demolition project debris is 
R307-801 September 23, 2015 Page 15 of 34

1 disposed of as asbestos-containing waste material (ACWM)[,] 

2 according to R307-801-1[5. If the asbestos contaminated 

3 demolition project debris cannot be properly containerized, the 

4 operator shall:

5 (i) Obtain approval for an alternative work practice from 

6 the director prior to disposing of the ACWM]4

7 ; or

8 ([ii]b) reduce the amount of ACWM by [S]segregat[e]ing the 

9 ACWM from non-ACWM debris under the direction of an asbestos

10 inspector certified according to R307-801-6 working for a company 

11 certified according to R307-801-5[. 

12 (b)]and [C]clean and encapsulate non-porous debris as non13 ACWM by asbestos abatement supervisors or asbestos abatement 

14 workers who are certified according to R307-801-6 and working for 

15 a company certified according to R307-801-5.

16 (4) If an [A]asbestos inspection[s] report older than three 

17 years will be used for a regulated asbestos renovation, abatement, 

18 or demolition activity, the asbestos inspection report shall be 

19 reviewed and updated, as necessary, by an inspector who is 

20 certified according to R307-801-6 and working for a company 

21 certified according to R307-801-5. The report does not need to be 

22 reviewed until a time that it will be used for regulatory purposes 

23 such as an abatement, renovation, or demolition activity. If the 

24 inspection report is still accurate, then the inspector shall 

25 provide [a letter of review, or some other form of 

26 documentation,]written documentation stating that the inspection 

27 report is still accurate. If the inspection report is not 

28 accurate, then the inspector shall provide written documentation, 

29 including new sample results, if necessary, such that the 

30 inspection report meets all requirements of R307-801.

31

32 R307-801-10. Asbestos Abatement, Renovation, and Demolition 

33 Projects: Asbestos Inspection Procedures.

34 Asbestos inspectors shall use the following procedures when 

35 conducting an asbestos inspection of facilities to be abated, 

36 demolished, or renovated:

37 (1) Determine the scope of the abatement, demolition, or 

38 renovation project by identifying which parts and how the facility 

39 will be abated, demolished, or renovated (e.g. conventional 

40 demolition methods, fire training, etc.).

41 (2) Inspect the affected facility or part of the facility 

42 where the abatement, demolition, or renovation project will occur.

43 (3) Identify all accessible suspect asbestos-containing 

44 material (ACM) in the affected facility or part of the facility 

45 where
R307-801 September 23, 2015 Page 16 of 34

1 the abatement, demolition, or renovation project will occur.

2 Residential facilities built on or after January 1, 1981, are only 

3 required to identify all accessible sprayed-on [acoustical]or 

4 painted-on ceiling [material]treatment that contained or may 

5 contain asbestos fiber, asbestos cement siding or roofing 

6 materials, resilient flooring products including vinyl 

7 [floor]asbestos tile, sheet vinyl products, resilient flooring 

8 backing material, whether attached or unattached, and mastic, 

9 thermal-system insulation or tape on a duct or furnace, or 

10 vermiculite type insulation materials in the affected facility or 

11 part of the facility where the abatement, demolition, or 

12 renovation project will occur.

13 (4) Follow the sampling protocol in 40 CFR 763.86 (Asbestos14 Containing Materials in Schools) or a sampling method approved by 

15 the director to demonstrate that suspect ACM required to be 

16 identified by R307-801-10(3) does not contain asbestos.

17 (5) Asbestos samples are not required to be collected and 

18 analyzed if the certified inspector assumes that all unsampled 

19 suspect ACM required to be identified by R307-801-10(3) contains 

20 asbestos and is ACM; and

21 (6) Complete an asbestos inspection report containing all of 

22 the following information in a format approved by the director:

23 (a) A description of the affected area and a description of 

24 the scope of activities as described in R307-801-10(1);

25 (b) A list of all suspect ACM required to be identified by 

26 R307-801-10(3) in the affected area. Include a description of the 

27 suspect ACM sufficient to be able to identify the material. For 

28 each suspect material required to be identified by R307-801-10(3), 

29 provide the following information:

30 (i) The amount of suspect ACM required to be identified by 

31 R307-801-10(3) in linear feet, square feet, or cubic feet;

32 (ii) A clear description of the distribution of the suspect 

33 ACM required to be identified by R307-801-10(3) in the affected 

34 area;

35 (iii) A statement of whether the material was assumed to 

36 contain asbestos, sampled and demonstrated to contain asbestos, or 

37 sampled and demonstrated to not contain asbestos; and

38 (iv) A written determination or table of whether the 

39 material is regulated asbestos-containing material (RACM), 

40 Category I non-friable ACM,[or] Category II non-friable ACM that 

41 may or will become friable when subjected to the proposed 

42 abatement, renovation, or demolition project activities, or other 

43 suspect ACM that has either not been tested and assumed to contain 

44 asbestos, or has been tested by an accredited asbestos laboratory 

45 and found not to contain asbestos greater than 1%.
R307-801 September 23, 2015 Page 17 of 34

1 (c) A list of all asbestos bulk samples required to be 

2 identified from suspect ACM by R307-801-10(3) in the affected 

3 area, including the following information for each sample:

4 (i) Which suspect ACM required to be identified by R307-801-

5 10(3) the sample represents;

6 (ii) A clear description of each sample location;

7 (iii) The types of analyses performed on the sample;

8 (iv) The amounts of each type of asbestos in the sample as 

9 indicated by the analytical results.

10 (d) A list of potential locations of suspect ACM required to 

11 be identified by R307-801-10(3) that were not accessible to 

12 inspect and that may be part of the affected area; and

13 (e) A list of all the asbestos inspector names, company 

14 names, and certification numbers.

15 (7) Floor plans or architectural drawings and similar 

16 representations may be used to identify the location of suspect 

17 ACM or samples required to be identified by R307-801-10(3).

18 (8) Analysis of samples shall be performed by:

19 (a) Persons or laboratories accredited by a nationally 

20 recognized testing program such as the National Voluntary 

21 Laboratory Accreditation Program (NVLAP), or

22 (b) Persons or laboratories that have been rated overall 

23 proficient by demonstrating passing scores for at least two of the 

24 last three consecutive rounds out of the four annual rounds of the 

25 Bulk Asbestos Proficiency Analytical Testing program administered 

26 by the American Industrial Hygiene Association (AIHA) or an 

27 equivalent nationally-recognized interlaboratory comparison 

28 program.

29 [(9) Inspection reports of residential facilities shall be 

30 submitted to the director.]

31

32 R307-801-11. Asbestos Abatement, Renovation, and Demolition 

33 Projects: Notification and Asbestos Removal Requirements.

34 (1) Demolition Projects.

35 (a) [If the amount of regulated asbestos-containing material 

36 (RACM) in the regulated facility is the small scale short duration 

37 (SSSD) amount, t]The operator shall submit a properly completed

38 demolition[project] notification form at least ten working days 

39 before the start of a demolition project along with payment of the 

40 appropriate fee. The operator cannot start the demolition project 

41 until all regulated asbestos-containing material (RACM) has been 

42 properly removed.

43 [(b) If the amount of RACM in the regulated facility is 

44 greater than the SSSD amount but less than the NESHAP amount, the 

45 operator shall submit a demolition project notification form at 
R307-801 September 23, 2015 Page 18 of 34

1 least ten working days before the start of the demolition project 

2 and a less than NESHAP asbestos notification form at least one 

3 working day before commencing removal, and shall remove the RACM 

4 according to the work practice provisions of R307-801-14 and 

5 according to the certification requirements of R307-801-5 and 6 

6 before the demolition project proceeds.

7 (c) If the amount of RACM in the regulated facility is 

8 greater than or equal to the NESHAP amount, the operator shall 

9 submit an asbestos abatement project notification form at least 

10 ten working days before the asbestos removal begins, and the 

11 demolition project shall not proceed until after all RACM has been 

12 removed from the regulated facility.]

13 ([d]b) If any regulated facility is to be demolished by 

14 intentional burning, the operator, in addition to the demolition 

15 notification form specified in R307-801-11(1)(a)[, (b), or (c)], 

16 shall ensure that all ACM, including Category I non-friable 

17 asbestos-containing material (ACM), Category II non-friable ACM, 

18 and RACM is removed from the regulated facility before burning.

19 ([e]c) If the regulated facility has been ordered to be 

20 demolished by a government official because it is found to be 

21 structurally unsound and in danger of imminent collapse or a 

22 public health hazard, the operator shall submit a demolition 

23 project notification form, with a copy of the order signed by the 

24 appropriate government official, as soon as possible before, but 

25 no later than, the next working day after the demolition project 

26 begins. [An extension of up to five working days may be requested 

27 by the sender for the government ordered demolition documentation 

28 upon written request.]

29 (2) Asbestos Abatement and Renovation Projects.

30 (a) If the amount of RACM that would be disturbed or 

31 rendered inaccessible by the asbestos abatement or renovation 

32 project is the SSSD amount, then no additional requirements are 

33 necessary prior to general building remodeling activities.

34 (b) If the amount of RACM that would be disturbed or 

35 rendered inaccessible by the asbestos abatement or renovation 

36 project is greater than the SSSD amount, but less than the NESHAP 

37 amount, then the operator shall:

38 (i) Submit an asbestos abatement project notification form 

39 at least one working day before asbestos removal begins as 

40 described in R307-801-12, unless the removal was properly included 

41 in an annual asbestos notification form submitted pursuant to 

42 R307-801-11(2)(e);

43 (ii) Remove RACM according to asbestos work practices of 

44 R307-801-1[4]3, the certification requirements of R307-801-5 and 

45 6, and the disposal requirements of R307-801-1[5]4 before 
R307-801 September 23, 2015 Page 19 of 34

1 performing general building remodeling activities.

2 (c) If the amount of RACM that would be disturbed or 

3 rendered inaccessible by the asbestos abatement project is greater 

4 than or equal to the NESHAP amount, then the operator shall:

5 (i) Submit an asbestos abatement project notification form 

6 along with payment of the appropriate fee at least ten working 

7 days before asbestos removal begins as described in R307-801-12;

8 (ii) Remove RACM according to the asbestos work practices of

9 R307-801-1[4]3, the certification requirements of R307-801-5 and 

10 6, and the disposal requirements of R307-801-1[5]4 before 

11 performing general building remodeling activities.

12 (d) If the asbestos abatement or renovation project is an 

13 emergency asbestos abatement or renovation project, then the 

14 notification form shall be submitted as soon as possible before, 

15 but no later than, the next working day after the emergency 

16 asbestos abatement or renovation project begins.

17 (e) The operator shall submit an annual asbestos 

18 notification form along with payment of the appropriate fee

19 according to the requirements of 40 CFR 61.145(a)(4)(iii) no later 

20 than ten working days before the first day of January of the year 

21 during which the work is to be performed in the following 

22 circumstances:

23 (i) The asbestos abatement projects are unplanned operation 

24 and maintenance activities;

25 (ii) The asbestos abatement projects are less than NESHAP26 sized; and

27 (iii) The total amount of asbestos to be disturbed in a 

28 single NESHAP facility during these asbestos abatement projects is 

29 expected to exceed the NESHAP amount in a calendar year.

30 (3) Owners and operators of general building remodeling 

31 activities are not required to submit an asbestos abatement 

32 project or renovation notification form to the director that do 

33 not disturb suspect asbestos containing materials, do not disturb 

34 building materials found to contain RACM by an inspector who is 

35 certified according to R307-801-6, or do not disturb materials 

36 that will become RACM as part of the general building remodeling 

37 activities.

38 (4) For notification purposes, asbestos abatement, 

39 renovation, or demolition projects shall be no longer than one 

40 year in duration.

41 (5) Revise the notification form, as necessary, when any 

42 information on the original notification or any subsequent 

43 notification forms changes.

44

45 R307-801-12. Asbestos Abatement, Renovation, and Demolition 
R307-801 September 23, 2015 Page 20 of 34

1 Projects: Notification Procedures and Contents.

2 (1) All notification forms required by R307-801-11 shall be 

3 submitted in writing on the appropriate form provided by the 

4 director and shall be postmarked or received by the director in 

5 accordance with R307-801-11, or shall be submitted using the 

6 Division of Air Quality electronic notification system and 

7 received by the director in accordance with R307-801-11. The type 

8 of notification and whether the notification is original or 

9 revised shall be indicated.

10 (2) If the notification is an original demolition project 

11 notification form, an original asbestos abatement project 

12 notification form for a NESHAP-sized asbestos abatement project, 

13 or an original asbestos annual notification form, the written 

14 notice shall be sent with an original signature by U.S. Postal 

15 Service, commercial delivery service, or hand delivery, or with an 

16 electronic signature if submitted using the Division of Air 

17 Quality electronic notification system. If the U.S. Postal Service 

18 is used, the submission date is the postmark date. If other 

19 service or hand delivery is used, the submission date is the date 

20 that the document is received [at]by the director. If the Division 

21 of Air Quality electronic notification system is used, the 

22 submission date is the date that the notification is received by 

23 the director.

24 (3) An original asbestos notification form for a less than 

25 NESHAP-sized asbestos abatement or renovation project or any 

26 revised notification may be submitted by any of the methods in 

27 R307-801-12(2), or by facsimile, by the date specified in R307-

28 801-11. The sender shall ensure that the fax is legible.

29 (4) All original notification forms shall contain the 

30 following information:

31 (a) The name, address, and telephone number of the owner of 

32 the regulated facility [and of any contractor working on the 

33 project], the general contractor, the demolition contractor, and 

34 the asbestos renovation or abatement contractor, if applicable;

35 (b) Whether the operation is an asbestos abatement, 

36 demolition, or a renovation project;

37 (c) A description of the regulated facility that includes 

38 the total size of the structure or structures in square feet, [the 

39 number of]including the square footage of all floors in a 

40 multilevel or multi-floor structure, the age,[and] the future,

41 present, and prior uses of the[regulated] facility, including any 

42 additional regulated structures affected by the project;

43 (d) The names and certification numbers of the inspectors 

44 and companies;

45 (e) The procedures, including analytical methods, used to 
R307-801 September 23, 2015 Page 21 of 34

1 inspect for the presence of asbestos-containing material (ACM);

2 (f) The location and address, including building number or 

3 name and floor or room number, street address, city, county, 

4 state, and zip code of each regulated facility being demolished or 

5 renovated;

6 (g) A description of procedures for handling the discovery 

7 of unexpected ACM, Category I non-friable ACM, or Category II non8 friable ACM that has or will become friable or regulated;

9 (h) A description of planned asbestos abatement, demolition, 

10 or renovation project work, including the asbestos abatement, 

11 demolition, and renovation project techniques to be used and a 

12 description of the affected regulated facility components or 

13 structural members; and

14 (i) If the project has phases, then provide the date and 

15 times of each phase and the location and address of all regulated 

16 facilities to be abated, demolished, or renovated.

17 (5) In addition to the information in R307-801-12(4), an 

18 original demolition project notification form shall contain the 

19 following information:

20 (a) An estimate of the amount of Category I non-friable ACM 

21 and non-regulated ACM that will remain in the building during the 

22 demolition project;

23 [(b) Disposal of Category I ACM that is left in place during 

24 demolition must comply with the waste shipment record and other 

25 requirements found in R307-801-15(4) and 29 CFR 1926.1101;]

26 ([c]b) The start and stop dates of the demolition project; 

27 [and]

28 (c) The days that the demolition project will be conducted; 

29 and

30 (d) If the regulated facility will be demolished under an 

31 order of a government official, the name, title, government 

32 agency, and authority of the government official ordering the 

33 demolition project, the date the order was issued, and the date 

34 the demolition project was ordered to commence. A copy of the 

35 order shall be attached to the demolition project notification 

36 form.

37 (6) In addition to the information required in R307-801-

38 12(4) and (5), an original demolition project notification form 

39 for phased demolition projects shall include:

40 (a) The start and stop dates for the entire phased project; 

41 and

42 (b) The start and stop dates for each phase of the project[, 

43 if applicable].

44 (7) In addition to the information required in R307-801-

45 12(4), (5), and (6), an original asbestos abatement project 
R307-801 September 23, 2015 Page 22 of 34

1 notification form shall include:

2 (a) An estimate of the amount of ACM to be stripped, 

3 including which units of measure were used;

4 (b) The start and stop dates for asbestos abatement project 

5 preparation;

6 (c) The times of day for every day that asbestos abatement 

7 project will be conducted;

8 (d) A description of work practices and engineering controls 

9 to be used to prevent emissions of asbestos at the demolition or 

10 asbestos abatement project work site;

11 (e) The name and location of the waste disposal site where 

12 the ACWM will be disposed, including the name and telephone number 

13 of the waste disposal site contact;

14 (f) The name, address, contact person, and telephone number 

15 of the waste transporters; and

16 (g) The name, contact person, and telephone number of the 

17 waste generator.

18 (8) If an emergency asbestos abatement or renovation project 

19 will be performed, then the notification form shall include the 

20 date and hour the emergency occurred, a description of the event 

21 and an explanation of how the event has caused unsafe conditions 

22 or would cause equipment damage or unreasonable financial burden.

23 (9) In addition to the information in R307-801-12(4) and 

24 (5), an original asbestos abatement project annual notification 

25 form shall contain the following information:

26 (a) An estimate of the approximate amount of ACM to be 

27 stripped, including which units of measure were used, if known;

28 (b) The start and stop dates of asbestos abatement project 

29 work covered by the annual notification, if known;

30 (c) A description of work practices and engineering controls 

31 to be used to prevent emissions of asbestos at the asbestos 

32 abatement project work site;

33 (d) The name and location of the waste disposal site where 

34 the asbestos-containing waste material (ACWM) will be disposed, 

35 including the name and telephone number of the waste disposal site 

36 contact;

37 (e) The name, address, contact person, and telephone number 

38 of the waste transporters; and

39 (f) The name, contact person, and telephone number of the 

40 waste generator.

41 (10) A revised notification form shall contain the following 

42 information:

43 (a) The name, address, and telephone number of the owner of 

44 the regulated facility, and any demolition, renovation, or 

45 asbestos abatement project contractor or contractors working on 
R307-801 September 23, 2015 Page 23 of 34

1 the project;

2 (b) Whether the operation is an asbestos abatement, a 

3 demolition, or a renovation project;

4 (c) The date that the original notification form was 

5 submitted;

6 (d) The applicable original start and stop dates for the

7 asbestos abatement, renovation, or demolition project;

8 (e) The revised start and stop dates and working hours, if 

9 applicable, for asbestos abatement, renovation, or demolition 

10 projects, for the entire project or for any phase of the project;

11 (f) The changes in the amount of asbestos to be removed 

12 during the project if the asbestos removal amount increases or 

13 decreases by more than 20%; [and]

14 (g) If the previously reported area of the building or 

15 buildings to be demolished was inaccurate and needs to be changed, 

16 then the demolition notification form shall be revised to include 

17 the building area change and any additional fee shall be paid to 

18 the Utah Division of Air Quality; and

19 ([g]h) Any[other] changes to the original or subsequently 

20 revised notification form or forms. Describe all changes made to 

21 the revised notification form in the comments section of that 

22 form.

23 (11) If the asbestos removal amount is increased in the 

24 revised notification form, then the appropriate fee shall be paid 

25 to the Utah Division of Air Quality.

26 (12) If any project phase or an entire NESHAP-sized asbestos 

27 abatement, renovation, or demolition project that requires a 

28 notification form under R307-801-12(4) will commence on a date or 

29 work times other than the date and work times submitted in the 

30 original or the most recently revised[written] notification form, 

31 the director shall be notified of the new start date and work 

32 times by the following deadlines:

33 (a) If the new start date and work times are later than the 

34 original start date and work times, then notice by telephone, fax, 

35 or electronic means shall be given as soon as possible before the 

36 start date and a revised [notice]notification form shall be 

37 submitted in accordance with R307-801-12([9]10) as soon as 

38 possible before, but no later than, the original start date. If 

39 the written notification form is received by the director no later 

40 than the day before the original start date and work times, no 

41 notice by telephone is required.

42 (b) If the new start date is earlier than the original start 

43 date, submit a written notice in accordance with R307-801-

44 12([9]10) at least ten working days before beginning the project.

45 (c) In no event shall an asbestos abatement, renovation, or 
R307-801 September 23, 2015 Page 24 of 34

1 demolition project covered by R307-801-12 begin on a date other 

2 than the new start date submitted in the revised written notice.

3

4 [R307-801-13. Asbestos Abatement Project: Requirements for 

5 Certified Asbestos Abatement Supervisors and Abatement Workers.

6 (1) An asbestos abatement supervisor who has been certified 

7 under R307-801-6 shall be on-site during asbestos abatement 

8 project setup, asbestos removal, stripping, cleaning and 

9 dismantling of the project, and other handling of uncontainerized 

10 regulated asbestos-containing material (RACM).

11 (2) All persons handling greater than the small scale short 

12 duration amount of uncontainerized RACM shall be asbestos 

13 abatement workers or asbestos abatement supervisors certified 

14 under R307-801-6.]

15

16 R307-801-1[4]3. Asbestos Abatement and Renovation Project: Work 

17 Practices.

18 (1) An asbestos abatement supervisor who has been certified 

19 under R307-801-6 shall be on-site during asbestos abatement 

20 project setup, asbestos removal, stripping, cleaning and 

21 dismantling of the project, and other handling of uncontainerized 

22 regulated asbestos-containing material (RACM).

23 (2) All persons handling any amount of uncontainerized RACM 

24 during a regulated project shall be certified as an asbestos 

25 abatement worker or an asbestos abatement supervisor certified 

26 under R307-801-6.

27 ([1]3) Persons performing an asbestos abatement or 

28 renovation project at a regulated facility shall follow the work 

29 practices in R307-801-1[4]3. Where the work practices in R307-801-

30 1[4]3([1]3) and ([2]4) are required, wrap and cut, open top catch 

31 bags, glove bags, and mini-enclosures may be used in combination 

32 with those work practices.

33 (a) Adequately wet regulated asbestos-containing material 

34 (RACM) with amended water before exposing or disturbing it, except 

35 when temperatures are continuously below freezing (32 degrees F.), 

36 and when all requirements in 40 CFR 61.145(c)(7) are met.

37 (b) Install barriers and post warning signs to prevent 

38 access to the work area. Warning signs shall conform to the 

39 specifications of 29 CFR 1926.1101(k)(7).

40 (c) Keep RACM adequately wet until it is containerized and 

41 disposed of in accordance with R307-801-1[5]4.

42 (d) Ensure that RACM that is stripped or removed is promptly 

43 containerized.

44 (e) Prevent visible particulate matter and uncontainerized 

45 asbestos-containing debris and waste originating in the work area 
R307-801 September 23, 2015 Page 25 of 34

1 from being released outside of the negative pressure enclosure or 

2 designated work area.

3 (f) Filter all waste water to five microns before 

4 discharging it to a sanitary sewer.

5 (g) Decontaminate the outside of all persons, equipment, and 

6 waste bags so that no visible residue is observed before leaving 

7 the work area.

8 (h) Apply encapsulant to RACM that is exposed but not 

9 removed during stripping.

10 (i) Clean the work area, drop cloths, and other interior 

11 surfaces of the enclosure using a high-efficiency particulate air 

12 (HEPA) vacuum and wet cleaning techniques until there is no 

13 visible residue before dismantling barriers.

14 (j) After cleaning and before dismantling enclosure 

15 barriers, mist all surfaces inside of the enclosure with a 

16 penetrating encapsulant designed for that purpose.

17 (k) Handle and dispose of friable asbestos-containing 

18 material (ACM) and RACM according to the disposal provisions of 

19 R307-801-1[5]4.

20 ([2]4) All operators of NESHAP-sized asbestos abatement 

21 projects shall install a negative pressure enclosure using the 

22 following work practices.

23 (a) All openings to the work area shall be covered with at 

24 least one layer of six mil or thicker polyethylene sheeting sealed 

25 with duct tape or an equivalent barrier to air flow.

26 (b) If RACM debris is present in the proposed work area 

27 prior to the start of a NESHAP-sized asbestos abatement project, 

28 the site shall be prepared by removing the debris using the work 

29 practice requirements of R307-801-1[4]3 and disposal requirements 

30 of R307-801-1[5]4. If the total amount of loose visible RACM 

31 debris throughout the entire work area is the SSSD amount, then 

32 site preparation may begin after the notification form has been 

33 submitted and before the end of the ten working day waiting 

34 period.

35 (c) A decontamination unit constructed to the specifications 

36 of R307-801-1[4]3([2]4)(h) shall be attached to the containment 

37 prior to disturbing RACM or commencing a NESHAP-sized asbestos 

38 abatement project, and all persons shall enter and leave the 

39 negative pressure enclosure or work area only through the 

40 decontamination unit except in a life threatening emergency 

41 situation.

42 (d) All persons subject to R307-801 shall shower before 

43 entering the clean-room of the decontamination unit when exiting 

44 the enclosure and shall follow all procedures required by 29 CFR 

45 1926.1101(j)(1)(ii).
R307-801 September 23, 2015 Page 26 of 34

1 (e) No materials may be removed from the enclosure or 

2 brought into the enclosure through any opening other than a waste 

3 load-out or a decontamination unit.

4 (f) The negative pressure enclosure of the work area shall 

5 be constructed with the following specifications:

6 (i) Apply at least two layers of six mil or thicker 

7 polyethylene sheeting or its equivalent to the floor extending at 

8 least one foot up every wall and seal in place with duct tape or 

9 its equivalent;

10 (ii) Apply at least two layers of four mil or thicker 

11 polyethylene sheeting or its equivalent to the walls without 

12 locating seams in wall or floor corners;

13 (iii) Seal all seams with duct tape or its equivalent;

14 (iv) Maintain the integrity of all enclosure barriers; and

15 (v) Where a wall or floor will be removed as part of the 

16 NESHAP-sized asbestos abatement project, polyethylene sheeting 

17 need not be applied to that regulated facility component or 

18 structural member.

19 (g) View ports shall be installed in the enclosure or 

20 barriers where feasible, and view ports shall be:

21 (i) At least one foot square;

22 (ii) Made of clear material that is impermeable to the 

23 passage of air, such as an acrylic sheet;

24 (iii) Positioned so as to maximize the view of the inside of 

25 the enclosure from a position outside the enclosure; and

26 (iv) Accessible to a person outside of the enclosure.

27 (h) A decontamination unit shall be constructed according to 

28 the following specifications:

29 (i) The unit shall be attached to the enclosure or work 

30 area;

31 (ii) The decontamination unit shall consist of at least 

32 three chambers and meet all regulatory requirements of 29 CFR 

33 1926.1101(j)(1)(i);

34 (iii) The clean room, which is the chamber that opens to the 

35 outside, shall be no less than three feet wide by three feet long 

36 by six feet high, when feasible;

37 (iv) The shower room, which is the chamber between the clean 

38 and dirty rooms, shall have hot and cold or warm running water and 

39 be no less than three feet wide by three feet long by six feet 

40 high, when feasible;

41 (v) The dirty room, which is the chamber that opens to the 

42 negative pressure enclosure or the designated work area, shall be 

43 no less than three feet wide by three feet long by six feet high, 

44 when feasible;

45 (vi) The dirty room shall be provided with an accessible 
R307-801 September 23, 2015 Page 27 of 34

1 waste bag at any time that asbestos abatement project is being 

2 performed.

3 (i) A separate waste load-out following the specifications 

4 below may be attached to the enclosure for removal of 

5 decontaminated waste containers and decontaminated or wrapped 

6 tools from the enclosure.

7 (i) The waste load-out shall consist of at least one chamber 

8 constructed of six mil or thicker polyethylene walls and six mil 

9 or thicker polyethylene flaps or the equivalent on the outside and 

10 inside entrances;

11 (ii) The waste load-out chamber shall be at least three feet 

12 long, three feet high, and three feet wide; and

13 (iii) The waste load-out supplies shall be sufficient to 

14 decontaminate bags, and shall include a water supply with a 

15 filtered drain, clean rags, disposable rags or wipes, and clean 

16 bags.

17 (j) Negative air pressure and flow shall be established and 

18 maintained within the enclosure by:

19 (i) Maintaining at least four air changes per hour in the 

20 enclosure;

21 (ii) Routing the exhaust from HEPA filtered ventilation 

22 units to the outside of the regulated facility whenever possible;

23 (iii) Maintaining a minimum of 0.02 column inches of water 

24 pressure differential relative to outside pressure; and

25 (iv) Maintaining a monitoring device to measure the negative 

26 pressure in the enclosure.

27 ([3]5) In lieu of two layers of polyethylene on the walls 

28 and the floors as required by R307-801-1[4]3([2]4)(f)(i) and (ii), 

29 the following work practices and controls may be used only under 

30 the circumstances described below:

31 (a) When a pipe insulation removal asbestos abatement 

32 project is conducted the following may be used:

33 (i) Drop cloths extending a distance at least equivalent to 

34 the height of the RACM around all RACM to be removed, or extended 

35 to a wall and attached with duct tape or equivalent;

36 (ii) Either the glove bag or wrap and cut methods may be 

37 used; and

38 (iii) RACM shall be adequately wet before wrapping.

39 (b) When the RACM is scattered ACM and is found in small 

40 patches, such as isolated pipe fittings, the following procedures 

41 may be used:

42 (i) Glove bags, mini-enclosures as described in R307-801-

43 1[4]3([5]7)(c), or wrap and cut methods with drop cloths large 

44 enough to capture all RACM fragments that fall from the work area 

45 may be used.
R307-801 September 23, 2015 Page 28 of 34

1 (ii) If all asbestos disturbance is limited to the inside of 

2 negative pressure glove bags or a mini-enclosure, then non-glove 

3 bag or non-mini-enclosure building openings need not be sealed and 

4 negative pressure need not be maintained in the space outside of 

5 the glove bags or mini-enclosure during the asbestos removal 

6 operation.

7 (iii) A remote decontamination unit may be used as described 

8 in R307-801-1[4]3([5]7)(d) only if an attached decontamination 

9 unit is not feasible.

10 (c) When a preformed RACM pipe insulation asbestos abatement 

11 project in a crawl space or pipe chase less than six feet high or 

12 less than three feet wide is conducted, the following may be used:

13 (i) Drop cloths extending a distance at least six feet 

14 around all preformed RACM pipe insulation to be removed or 

15 extended to a wall and attached with duct tape or equivalent; or

16 (ii) The open top catch bag method.

17 ([4]6) During outdoor asbestos abatement projects, the work 

18 practices of R307-801-1[4]3 shall be followed with the following 

19 modifications:

20 (a) Negative pressure need not be maintained if there is not 

21 an enclosure;

22 (b) Six mil polyethylene drop cloth, or equivalent, large 

23 enough to capture all RACM fragments that fall from the work area 

24 shall be used; and

25 (c) A remote decontamination unit as described in R307-801-

26 1[4]3([5]7)(d) may be used.

27 ([5]7) Special work practices.

28 (a) If the wrap and cut method is used:

29 (i) The regulated facility component shall be cut at least 

30 six inches from any RACM on that component;

31 (ii) If asbestos will be removed from the regulated facility 

32 component to accommodate cutting, the asbestos removal shall be 

33 performed using a single glove bag for each cut, and no RACM shall 

34 be disturbed outside of a glove bag;

35 (iii) The wrapping shall be leak-tight and shall consist of 

36 two layers of six mil polyethylene sheeting, each individually 

37 sealed with duct tape, and all RACM between the cuts shall be 

38 sealed inside wrap; and

39 (iv) The wrapping shall remain intact and leak-tight 

40 throughout the removal and disposal process.

41 (b) If the open top catch bag method is used:

42 (i) The material to be removed can only be performed RACM 

43 pipe insulation, and it shall be located in a crawl space or a 

44 pipe chase less than six feet high or less than three feet wide;

45 (ii) Asbestos waste bags that are leak-tight and strong 
R307-801 September 23, 2015 Page 29 of 34

1 enough to hold contents securely shall be used;

2 (iii) The bag shall be placed underneath the stripping 

3 operation to minimize ACM falling onto the drop cloth;

4 (iv) All material stripped from the regulated facility 

5 component shall be placed in the bag;

6 (v) One asbestos abatement worker shall hold the bag and 

7 another asbestos abatement worker shall strip the ACM into the 

8 bag; and

9 (vi) A drop cloth extending a distance at least six feet 

10 around all preformed RACM pipe insulation to be removed, or 

11 extended to a wall and attached with duct tape or equivalent shall 

12 be used.

13 (c) If glove bags are used, they shall be under negative 

14 pressure, and the procedures required by 29 CFR 

15 1926.1101(g)(5)(iii) shall be followed.

16 (d) A remote decontamination unit may be used under the 

17 conditions set forth in R307-801-1[4]3([3]5)(b),[or]([4]6), when 

18 there is an area insufficient to construct a connected 

19 decontamination unit, or when approved by the director. The remote 

20 decontamination unit shall meet all construction standards in 

21 R307-801-1[4]3([2]4)(h) and shall include:

22 (i) Outerwear shall be HEPA vacuumed or removed, and 

23 additional clean protective outerwear shall be put on;

24 (ii) Either polyethylene sheeting shall be placed on the 

25 path to the decontamination unit and the path shall be blocked or 

26 taped off to prevent public access, or asbestos abatement workers 

27 shall be conveyed to the remote decontamination unit in a vehicle 

28 that has been lined with two layers of six mil or thicker 

29 polyethylene sheeting or its equivalent; and

30 (iii) The polyethylene path or vehicle liner shall be 

31 removed at the end of the project, and disposed of as ACWM.

32 (e) Mini-enclosures, when used under approved conditions, 

33 shall conform to the requirements of 29 CFR 1926.1101(g)(5)(vi).

34 ([6]8) For asbestos-containing mastic removal projects using 

35 mechanical means, such as a power buffer, to loosen or remove 

36 mastic from the floor, in lieu of two layers of polyethylene 

37 sheeting on the walls, splash guards of six mil or thicker 

38 polyethylene sheeting shall be placed from the floor level a 

39 minimum of three feet up the walls.

40 ([7]9) Persons who improperly disturb more than the SSSD 

41 amount of asbestos-containing material and contaminate an area 

42 with friable asbestos shall:

43 (a) Have the emergency clean-up portion of the project, 

44 including any portions not contained within a regulated facility 

45 or in common use areas that cannot be isolated, performed as soon 
R307-801 September 23, 2015 Page 30 of 34

1 as possible by a company or companies certified according to R307-

2 801-5, and, asbestos abatement supervisor(s), and asbestos 

3 abatement worker(s) certified according to R307-801-6.

4 (b) Have an asbestos clean-up plan designed by a Utah 

5 certified asbestos project designer for the non-emergency portion 

6 of the project and have the asbestos clean-up plan submitted to 

7 the director for approval. An asbestos clean-up plan is not 

8 required when the disturbance results from a natural disaster, 

9 fire, or flooding.

10 (c) Submit the project notification form required by R307-

11 801-11 and 12 to the director for acceptance no later than the 

12 next working day after the disturbance occurs or is discovered. 

13 For fee calculation purposes, the size of the emergency clean-up 

14 project is the area that has been contaminated or potentially 

15 contaminated by the disturbance and not the amount of asbestos16 containing material disturbed.

17 (d) Notify the director of project completion by telephone, 

18 fax, or electronic means by the day of completion and before 

19 leaving the site.

20 (10) For asbestos abatement, renovation, or demolition 

21 projects that remove or otherwise disturb loose-fill vermiculite 

22 type insulation materials assumed to be regulated asbestos23 containing material or found to contain greater than 1% regulated 

24 asbestiform fibers, then the material being removed is considered 

25 regulated asbestos-containing material and shall meet all the 

26 appropriate regulatory requirements of R307-801. Regulated 

27 vermiculite shall be removed to the maximum extent possible and 

28 the area where the regulated vermiculite was found shall be 

29 sprayed with a bridging or penetrating encapsulant to help 

30 minimize the amount of asbestiform fibers becoming airborne.

31

32 R307-801-1[5]4. Disposal and Handling of Asbestos Waste.

33 (1) Owners and operators of regulated facilities shall 

34 containerize asbestos-containing waste material (ACWM) while 

35 adequately wet.

36 (2) ACWM containers shall be leak-tight and strong enough to 

37 hold contents securely and be labeled with an OSHA warning label 

38 found in 29 CFR 1926.1101(k)(8).

39 (3) Containers shall be labeled with the waste generator's 

40 and contractor’s names, addresses, and telephone numbers[, and the 

41 contractor's name and address,] before they are removed from the 

42 asbestos renovation or abatement work area.

43 (4) Containerized regulated asbestos-containing material 

44 (RACM) shall be disposed of at a landfill which complies with 40 

45 CFR 61.150.
R307-801 September 23, 2015 Page 31 of 34

1 (5) The waste shipment record shall include a list of items 

2 and the amount of ACWM being shipped. The waste generator 

3 originates and signs this document.

4 (6) Owners and operators of regulated facilities where an 

5 asbestos abatement or renovation project has been performed shall 

6 report in writing to the director if a copy of the waste shipment 

7 record, signed by the owner or operator of the designated waste 

8 disposal site, is not received by the waste generator within 45 

9 working days from the date the waste was accepted by the initial 

10 transporter. Include in the report the following information:

11 (a) A copy of the waste shipment record for which a 

12 confirmation of delivery was not received; and

13 (b) A cover letter signed by the waste generator explaining 

14 the efforts taken to locate the asbestos waste shipment and the 

15 results of those efforts.

16

17 R307-801-1[6]5. Records.

18 (1) Certified asbestos abatement or renovation companies 

19 shall maintain records of all asbestos abatement or renovation 

20 projects that they perform at regulated facilities and shall make 

21 these records available to the director or authorized 

22 representative upon request. The records shall be retained for at 

23 least five years. Maintained records shall include the following:

24 (a) Names and certification numbers of the asbestos 

25 abatement workers, asbestos abatement supervisors, or renovators 

26 who performed the asbestos abatement or renovation project;

27 (b) Location and description of the asbestos abatement or 

28 renovation project and amount of friable asbestos-containing 

29 material (ACM) removed;

30 (c) Start and stop dates of the asbestos abatement or 

31 renovation project;

32 (d) Summary of the procedures used to comply with applicable 

33 requirements including copies of all notification forms;

34 (e) Waste shipment records maintained in accordance with 40 

35 CFR Part 61, Subpart M; and

36 (f) Asbestos inspection reports associated with the asbestos 

37 abatement or renovation project.

38 (2) All persons subject to the inspection requirements of 

39 R307-801-9 shall maintain copies of asbestos inspection reports 

40 for at least one year after asbestos abatement, renovation, or 

41 demolition projects have ceased, and shall make these reports 

42 available to the director or authorized representative upon 

43 request.

44

45 R307-801-1[7]6. Certified Renovator Work Practices.
R307-801 September 23, 2015 Page 32 of 34

1 (1) Certified renovators are responsible for ensuring 

2 compliance with R307-801 at all renovation projects at regulated 

3 facilities to which they are assigned.

4 (2) Certified renovators working at regulated facilities 

5 shall:

6 (a) Perform all of the tasks described in R307-801-

7 1[4]3([1]3) and shall either perform or direct workers who perform 

8 all tasks described in R307-801-1[4]3([1]3);

9 (b) Provide training to workers on the work practices 

10 required by R307-801-1[4]3([1]3) that will be used when performing 

11 renovation projects;

12 (c) Be physically present at the work site when all work 

13 activities required by R307-801-1[4]3([1]3)(b) are posted, while 

14 the work area containment required by R307-8[4]01-1[4]3([1]3)(b) 

15 is being established, and while the work area cleaning required by 

16 R307-801-1[4]3([1]3)(i) is performed;

17 (d) Be on-site and direct work being performed by other 

18 individuals to ensure that the work practices required by R307-

19 801-1[4]3([1]3) are being followed, including maintaining the 

20 integrity of the containment barriers and ensuring that dust or 

21 debris does not spread beyond the work area;

22 (e) Have with them at the work site their current Utah 

23 Renovator certification card; and

24 (f) Prepare the records required by R307-801-1[6]5.

25

26 R307-801-1[8]7. Asbestos Information Distribution Requirements.

27 (1) Utah Abatement/Renovation pamphlet. Utah asbestos 

28 abatement and renovation companies shall provide owners and 

29 occupants of [regulated facilities]single and multi-family 

30 residential structures with the Utah Abatement/Renovation Pamphlet 

31 "Asbestos Hazards During Abatement and Renovation Activities[.]"

32 when those structures will be re-occupied after the regulated 

33 activities are completed.

34 (2) No more than 60 days before beginning an abatement or 

35 renovation project in a regulated facility, the company performing 

36 the abatement or renovation project shall:

37 (a) Provide the owner of the regulated facility with the 

38 pamphlet, and comply with one of the following:

39 (i) Obtain, from the owner, a written acknowledgment that 

40 the owner has received the pamphlet; or

41 (ii) Obtain a certificate of mailing at least seven working 

42 days prior to the abatement or renovation project; and

43 (b) If the owner does not occupy the regulated facility, 

44 provide an adult occupant of the regulated facility with the 

45 pamphlet, and comply with one of the following:
R307-801 September 23, 2015 Page 33 of 34

1 (i) Obtain, from the adult occupant, a written 

2 acknowledgment that the occupant has received the pamphlet, or 

3 certify in writing that a pamphlet has been delivered to the 

4 regulated facility and that the company performing the abatement 

5 or renovation project has been unsuccessful in obtaining a written 

6 acknowledgment from an adult occupant. Such certification shall 

7 include the address of the unit undergoing abatement or renovation 

8 [project]activities, the date and method of delivery of the 

9 pamphlet, names of the persons delivering the pamphlet, reason for 

10 lack of acknowledgment (e.g., occupant refuses to sign, no adult 

11 occupant available), the signature of a representative of the 

12 company performing the abatement or renovation project, and the 

13 date of signature; or

14 (ii) Obtain a certificate of mailing at least seven working 

15 days prior to the abatement or renovation project.

16 (3) Abatement or renovation projects in common areas. No 

17 more than 60 working days before beginning abatement or renovation 

18 projects in common areas of a regulated facility, the company 

19 performing the abatement or renovation project shall:

20 (a) Provide the owner with the pamphlet and comply with one 

21 of the following:

22 (i) Obtain, from the owner, a written acknowledgment that 

23 the owner has received the pamphlet; or

24 (ii) Obtain a certificate of mailing at least seven working 

25 days prior to the abatement or renovation project;

26 (b) Comply with one of the following:

27 (i) Notify in writing, or ensure written notification of, 

28 each regulated facility and make the pamphlet available upon 

29 request prior to the start of abatement or renovation project. 

30 Such notification shall be accomplished by distributing written 

31 notice to each affected unit in the regulated facility. The notice 

32 shall describe the general nature and locations of the planned 

33 abatement or renovation project, the expected starting and ending 

34 dates, how the occupant can obtain the pamphlet and a copy of the 

35 required records at no cost to the occupants; or

36 (ii) Post informational signs describing the general nature 

37 and locations of the abatement or renovation project and the 

38 anticipated completion date while the abatement or renovation 

39 project is ongoing. These signs shall be posted in areas where

40 they are likely to be seen by the occupants of all of the affected 

41 units in the regulated facility. The signs shall be accompanied by 

42 a posted copy of the pamphlet or information about how interested 

43 occupants can review a copy of the pamphlet or obtain a copy from 

44 the abatement or renovation company at no cost to occupants. The 

45 signs shall also include information about how interested 
R307-801 September 23, 2015 Page 34 of 34

1 occupants can review a copy of the required records from the 

2 abatement or renovation company at no cost to the occupants;

3 (c) Prepare, sign, and date a statement describing the steps 

4 performed to notify all occupants of the regulated facility of the 

5 intended abatement or renovation project and to provide the 

6 pamphlet; and

7 (d) If the scope, locations, or expected starting and ending 

8 dates of the planned abatement or renovation project change after 

9 the initial notification, and the company provided written initial 

10 notification to each affected unit, the company performing the 

11 abatement or renovation project shall provide further written 

12 notification to the owners and occupants of the regulated facility 

13 of the revised information for the ongoing or planned activities. 

14 This subsequent notification shall be provided before the company 

15 performing the abatement or renovation project initiates work 

16 beyond that which was described in the original notice.

17 (4) Written acknowledgment. The written acknowledgments 

18 required by paragraphs R307-801-1[8]7(2)(a)(i), (2)(b)(i), and 

19 (3)(a)(i) shall:

20 (a) Include a statement recording the owner or occupant's 

21 name and acknowledging receipt of the pamphlet prior to the start 

22 of abatement or renovation project, or no later than the day after 

23 the start of an emergency abatement or renovation project, the 

24 address of the regulated facility undergoing an abatement or 

25 renovation project, the signature of the owner or occupant as 

26 applicable, and the date of signature;

27 (b) Be either a separate sheet or part of any written 

28 contract or service agreement for the abatement or renovation 

29 project; and

30 (c) Be written in the same language as the text of the 

31 contract or agreement for the abatement or renovation project or, 

32 in the case of a non-owner occupied regulated facility, in the 

33 same language as the lease or rental agreement or the pamphlet.

34

35 KEY: air pollution, asbestos, asbestos hazard emergency response, 

36 schools

37 Date of Enactment or Last Substantive Amendment: [October 1, 

38 2012]2015

39 Notice of Continuation: February 6, 2013

40 Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(d); 

41 19-2-104(3)(r) through (t); 40 CFR Part 61, Subpart M; 40 CFR Part 

42 763, Subpart E 
ITEM 9
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

DAQ-062-15

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 completed 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 it 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 comment 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, Utah 

Mailing Address: P.O. Box 144820 • Salt Lake City, Utah 84114-4820 

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

www.deq.utah.gov

Printed on 100% recycled paper
R307-110-28 October 2, 2015 Page 1 of 1

1 R307. Environmental Quality, Air Quality.

2 R307-110. General Requirements: State Implementation Plan.

3 R307-110-28. Regional Haze.

4 The Utah State Implementation Plan, Section XX, Regional 

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

6 [October 7, 2015]December 2, 2015, pursuant to Section 19-2-104, 

7 is hereby incorporated by reference and made a part of these 

8 rules.

9

10 KEY: air pollution, PM10, PM2.5, ozone

11 Date of Enactment or Last Substantive Amendment: 2015

12 Notice of Continuation: February 1, 2012

13 Authorizing, and Implemented or Interpreted Law: 19-2-104(3)(e)
ITEM 10 
Petition for 

Rulemaking: Emission 

Limits, Offsets, Testing 

Frequency, and Public 

Participation
To: 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 stronger 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 for you time – and we look forward to another chance to discuss these 

important proposals on October 7.

Context 

In late 2014, Utah finalized a critical document – its State Implementation Plan (SIP) to 

control PM2.5, 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. 

One such voice was the U.S. Environmental Protection Agency (EPA), which offered a 

detailed series of suggestions to Utah officials on how they could improve their plan and 

bring the Wasatch Front into attainment with the PM2.5 standard more quickly. Similar

suggestions came from Utah-based environmental organizations, such as HEAL Utah, 

Western Resource Advocates and Utah Physicians for a Healthy Environment. 

The 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.htm

 
However, the state 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 improve 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 PM2.5 standards. 

Below are brief descriptions of 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 PM2.5 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 ensure 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 PM2.5

o 40 tpy for precursors
• Our rule also clarifies the mechanism for trading offsets among pollutants

 

Rule 3: Boost Stack Testing Frequency 

• Utah statute (R307-165-2) requires stack testing “at least once every five years”

• Practice varies and can be more frequent, 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 compliance with the 

limits.”

• Our rule:

o Requires CEMs (Continuous Emission Monitoring 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 case 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 documents, 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 

it in the third week, you 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 Public Participation. Presented by HEAL Utah, Western Resource Advocates, and Utah Physicians for a Healthy Environment.
Rule Development Chronology

• Review History of 2014 SIP• Advocates’ Concerns Shared by EPA• Decided to Propose• Hired Expert• Thorough Stakeholder Meeting Process• Led to Changes
Why 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 consequences
Why 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 PM2.5 NAAQS “as expeditiously as possible”• EPA itself suggested two of these
Why 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-Term 

Emissions 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 pollution 

sources
EPA assumes that 24-hour limits are necessary to 

attain with a 24-hour standard. EPA in its SIP comments repeatedly asked: 

“how averaging times longer than 24 hours can represent RACT in a plan that is intended to attain 24-hour NAAQS”

Rule #1: Enact Short-Term Emissions Limits
Rule #1: Enact Short-Term 

Emissions LimitsExamples of Industrial SIP Pollution Sources without Short-Term Emission Limits:• Kennecott’s Smelter Main Stack: annual average for 

NO

X

• PacifiCorp Gadsby Power Plant: annual average for 

PM10: monthly average for NO

X

• Nucor Steel Electric Arc Furnace: annual average for 

NO

X
Rule #2: Increase Monitoring

• Current practice is to stack test every three to five ye• The proposed rule requires:

• Continuous emissions monitoring and annual stac

where feasible

• Grants Division Director, with public input, discret

determine feasibility 

• We believe this rule will:

• Improve data state uses to ensure compliance• Offer the public greater confidence in the regulati

industry. 
Rule #2: Increase Monitoring

EPA requires a showing that monitoring is adequate to ensure continuous compliance with SIP limitsEPA in its SIP comments stated:

“We are concerned with stack test frequencies longer than one year. Please explain why these test frequencies are sufficient to ensure continuous compliance with the limits.”

EPA has determined increased monitoring frequency reduces emissions
Rule #3: Offset Substantial 

Emissions Increases

• Current rule allows many “minor” pollution increases 

that can add up to substantial pollution additions

• Our rule 

• lowers the offset threshold for PM2.5, NO

X, SO

2 and 

VOCs

• Prevents many “minor” increases from adding to 

our air pollution problem at the time we need to have emission reductions

• Modeled after current PM10 rule
Major Source PM2.5 NA 

(Serious)

Federal Baseline Definition of Major Modification for Serious PM2.5 NA

Proposed 

Definitio

PM2.5 10 tpy 5 tpy

NOX 40 tpy 20 tpySOX 40 tpy 20 tpyVOCs 40 tpy 20 tpyTotal PM2.5 + NOX + SO2 + 

VOCs

n/a 30 tpy

Ammonia case-by-case n/a

Rule #3: Offset Substantial Emissions Incr
Rule #3: Offset Substantial Emissions Incr

Major Source PM2.5 NA 

(Serious)

Proposed Federal Baseline Definition of Major Source for Serious PM2.5 NA

Proposed P

Rule DefinApplicable 

PM2.5 70 tpy 25 tpy

NOX 70 tpy 40 tpySO

X 70 tpy 40 tpy

VOCs 70 tpy 40 tpy

Total PM2.5+NO

X+SOx+VOCs

------- 50 tpy

Ammonia 70 tpy 70 tpy
Rule #4: Improve Public 

Participation

• Currently critical permitting documents are sometime

unavailable 

• Current short public comment periods can hinder 

meaningful participation

• The Proposed Rule 

• Requires DAQ to provide critical documents on 

request

• Automatically extends the public comment period 

by 15 to 30 days on request
Conclusion

• We believe these rules can serve to:

• Strengthen Utah’s SIP• Show the EPA how seriously authorities take our PM2.5 prob• 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 • Please let us know if you have any questions• We look forward to a robust discussion on these issues in the m

come
Petition for Rulemaking: 

Emission Limits, Offsets, Testing Frequency, and Public Participation. Contact:Matt PacenzaExecutive DirectorHEAL Utahmatt@healutah.org801-355-5055

Joro Walker

Utah Office Director

Western Resource Advocates

joro.walker@westernresources.org

801-487-9911
Clean Power Plan Final 

Rule 
Clean Power Plan Development 

Timeline

Presented to the Utah Air Quality Board

October 7, 2015
EPA August 3 Announceme

• Final rule for new and modified EGUs (a

the Carbon Pollution Standards (CPS) fo

Modified, and Reconstructed Power Pla

• Final rule for existing EGUs (a.k.a. the C

Power Plan (CPP))

• Proposed federal plan and model tradin

for the CPP
Carbon Pollution Standards for 

Modified, and Reconstructed E

• New coal units: 1,400 lbs/MWh (CO2)

– Proposal was 1,100 lbs/MWh

• New natural gas units: 1,000 lbs/MWh
Clean Power Plan – Final Rul

Overview

• Covers 11 power plants in Utah:

– 5 coal plants under state jurisdiction:

• Carbon (retired)• Hunter• Huntington• Intermountain Power Plant

• Sunnyside

– 1 coal plant (Bonanza) under federal jurisdiction– 5 natural gas plants under state jurisdiction

• Currant Creek• Lake Side 1• Lake Side 2• Nebo• Gadsby (units 1, 2, and 3)

• EPA established rates based on best system of emissions reduction (BS

blocks:

– Block 1: Improved efficiency at existing coal‐fired power plants

– Block 2: Shifting generation from coal to existing lower‐emitting natural gas pla

– Block 3: Shifting to new zero‐emitting renewables

• Used BSER to establish emissions performance rates for two source ca

– Steam rate of 1,305 lbs/MWh

– NGCC rate of 771 lbs/MWh
Clean Power Plan – Final Rul

Overview (continued)

• Category specific rates then used to calculate separate CO

emissions rate‐ and mass‐based targets for each state

– Rate:

• Utah’s 2012 rate was 1,874 lbs/MWh

• Utah’s interim (2022‐2029) target is 1,368 lbs/MWh

• Utah’s final (2030) target is 1,179 lbs/MWh (37% reduction from 

– Mass:

• Utah’s 2012 emissions were 30,822,343 short tons

• Utah’s interim (2022‐2029) target is 26,566,380 short tons

• Utah’s final (2030) target is 23,778,193 short tons (23% reduction 

levels)

• States may use BSER measures and/or other emissions re

strategies for compliance

– Examples:

• Energy efficiency measures

• Emissions trading programs

• Unit retirements
Goals: Proposed vs. Fina
Who develops/submits state pla

• CPP

– Includes a requirement mirroring that found in 40 CFR part 51 Ap

with respect to SIPs that identifies the Governor of a state as the 

official for submitting the state plan to EPA

– Governor can designate another responsible official via letter prio

September 6, 2016

• This step is necessary to allow designee access to EPA’s electronic plan su

system

• If the Governor has previously delegated authority to make CAA submitta

submit documentation of this delegation in lieu of a letter from the Gove

• Utah

– Utah Code 19‐2‐104(1) authorizes the Utah Air Quality Board to m

accordance with Utah Code 63G‐3, Utah Administrative Rulemaki

• Board adopts rules/plans• Governor submits plans to EPA• Examples of 111(d) plans adopted by the Board

– Plan for Hospital, Medical, Infectious Waste Incinerators

– Plan for Small Municipal Waste Combustion Units
State Plan Deadlines

Submittals Dates

State Plan ‐OR‐ initial submittal with extension

request

September 6, 2016

Progress Update (for states w/ extensions) September 6, 2017

State Plan (for states w/ extensions) September 6, 2018

Milestone (Status) Report July 1, 2021

Interim and Final Goal Periods Reporting

Interim goal performance period (2022‐2029)

‐ Interim Step 1 Period (2022‐2024) July 1, 2025

‐ Interim Step 2 Period (2025‐2027) July 1, 2028

‐ Interim Step 3 Period (2028‐2029) July 1, 2030

Interim Goal (2022‐2029) July 1, 2030

Final Goal (2030) July 1, 2032 and every 2 
State Plan – Initial Submitt

• Three required components to obtain a 2‐year extension:

1. Identification of approaches under consideration and a descrip

progress made to date

• Must include a non‐binding statement of intent to participate in Clean En

Program (CEIP)

2. Explanation for why the state requires additional time

• Modeling• Stakeholder outreach• Development of tracking or other systems

• Regional coordination

3. Demonstration of opportunity for public comment on the initia

and meaningful engagement with stakeholders during the prep

initial submittal

• Include plans for engagement during development of the final plan

• DAQ will need to have an initial submittal completed prior to Ju

2016, to allow time for our public process

– Stakeholder process between now and then
Considerations regarding initial 

submittal

• Several western states have either issued statements sup

neutral on the CPP

– Will be actively engaged in plan development and seeking

allowances/credits associated with new energy developme

and planned closures/conversions

– Important to have a seat at the table to ensure that Utah’s 

are represented and protected

• The initial submittal does not require the adoption of any

enforceable measures or final decisions

• The initial submittal does not require legislation and/or re

to be passed

• Initial submittal does not change the compliance period, 

begins in 2022

– Allows stakeholders to engage over the plan development 

• Failure to submit an initial plan will trigger a federal plan
Proposed Federal Plan

• Four proposed actions:

– Rate‐based federal plan

– Mass‐based federal plan

– Rate‐based model trading rule for potential use by any stat

– Mass‐based model trading rule for potential use by any sta

• Model trading rules to be finalized by summer 2016

• EPA won’t finalize federal plans until there’s a need (i.e., f

that don’t submit an approvable plan by the required dea

– EPA intends to finalize a single plan type (i.e., either rate‐ba

mass‐based)

– Won’t know which approach will be utilized until the first fa

submit an approvable plan

• Comments on proposed federal plan due 90 days followin

publication in the Federal Register
Next Steps

• Begin series of stakeholder meetings

– Goal of completing an initial submittal for 

review by June 2016

– Initial submittal by September 6, 2016
Final Data 

Requirements Rule for 

the 2010 1-Hour Sulfur 

Dioxide Primary 

National Ambient Air 

Quality Standard 
S02 Data Requirements Rule for 

2010 1‐Hour Sulfur Dioxide Prim

NAAQS

Presented to the Utah Air Quality Board

October 7, 2015
Background

• On June 2, 2010, EPA established a primary 1‐hour SO2 air qual

of 75 parts per billion (195 μg/m3)

– 99th percentile value, averaged over 3 consecutive years

• In May‐June 2012, EPA held stakeholder discussions

– Developed a White Paper which identified monitoring, modeling, 

implementation issues

– In February 2013, EPA developed an implementation strategy for 

standard

• In July 2013, EPA identified or “designated” as nonattainment 2

16 states where monitored air quality showed violations of the 

standard

• March 2015 court order requires EPA to complete designations 

2010 standard for all remaining areas in the country in up to th

(July 2, 2016, December 31, 2017, and December 31, 2020)

– Data required by the DRR will be available in time to inform the d

made under the court ordered schedule
Data Requirements Rule (DR

• Finalized August 10, 2015• Requirements for air agencies to monitor or model ambie

levels in areas with large sources of SO2 emissions to help

implement 1‐hour SO2 NAAQS

– Must characterize air quality around sources that emit 2,00

year or more of SO2

• May avoid requirement by adopting enforceable emission limits 

that the source will not emit more than 2,000 tpy

– Flexibility: can either model actual source emissions or use

appropriately sited ambient air quality monitors

• Establishes a schedule for air agencies to characterize air 

and to provide data to EPA

– EPA will use this data to designate areas across the country 

meeting/not meeting the 2010 SO2 standard

– EPA designed DRR implementation milestones to allow air 

take into account compliance dates for achieving SO2 emiss

reductions under other major national rules
DRR Implementation Timeli

• By January 15, 2016, air agencies are required to submit a final list ide

sources around which air quality is to be characterized

– Must include sources with above 2,000 tpy of SO2

• Intermountain Power Plant

• Hunter Power Plant

• Huntington Power Plant

• Carbon Power Plant (retired)

• By July 1, 2016, each agency is required to identify, for each source on 

approach it will use to characterize air quality

– Monitoring

• Must submit relevant information concerning monitoring sites to EPA by July 1, 2016 

monitoring network plan

• Must ensure that ambient monitors are operational by January 1, 2017

• First 3 years of data will be collected for calendar years 2017, 2018, and 2019

– Modeling

• Must provide modeling protocol to EPA by July 1, 2016

• Modeling analysis must be submitted by January 13, 2017

– Alternative: Indicate that they will adopt enforceable emissions limitations to 

below 2,000 tpy

• Limits must be adopted and effective by January 13, 2017
Next Steps

• Meeting with the three sources covered 

EPA’s emissions threshold

– Will work with sources to select modeling 

monitoring option

– Will work with EPA to develop a modeling 

to use for air characterization modeling or

monitor siting
Mining in High

Wind Areas
Mining In High Wind Areas

A Toxic Business
Point of the Mountain
MesoWest’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 mph
Comparison Mining

Below and Above the Bench
Dust blowing Across the Valley
Dust carried by the Wind contains 

PM10 and PM2.5 Particulates are the deadliest form of air pollution due to 

their ability to penetrate deep into the lungs and blood streams unfiltered, causing permanent DNA mutations, heart attacks, and premature death. "Health | Particulate Matter | Air & Radiation | US EPA". Epa.gov. 2010-11-17. Retrieved 2015-02-01

 In 2013, a study involving 312,944 people in nine European countries 

revealed that there was no safe level of particulates and that for every increase of 10 

μg/m3 in PM10, the lung cancer rate rose 

22%. The smaller PM2.5 were particularly deadly with a 36% increase in lung cancer per 10 

μg/m3 as it can penetrate deeper into the lungs.

Ole Raaschou-Nielsen; et al. (July 10, 2013) The Lancet Oncology 14 (9): 813–22.
Crystalline Silica is a Hazardous 

Air Pollutant (HAP) Utah Code R307-101 definitions state: “Carcinogenic Hazardous Air Pollutant" 

means any hazardous air pollutant that is classified as a known human carcinogen (A1) or suspected human carcinogen (A2) by the American Conference of Governmental Industrial Hygienists (ACGIH) in its "Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices, (2009)."

 ACGIH (2009) lists crystalline silica as A2 or a suspected human 

carcinogen: https://www.ehs.uci.edu/programs/sop_library/CARCIN.pdf
Highly Fractured Quartzite
PM10 Air Monitoring Sites

PM10 SLAAM Sites 80’s and 90’s

Only 5 Sites in Salt Lake and Utah county Today
We Ask The Board

 In accordance with section 104 (powers of the board): Provide a 

continuous State and Local Air Monitoring Station (SLAMS) around the center of Bluffdale - the most affected area - so we can determine the particle size, frequency and density of this dust. This is also in line with EPA 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 into 

account unique geological areas like the point, specifically when strong prevailing winds at elevated altitudes may contribute to wind blown fugitive dust emissions.
Proposed rule change:

 Opacity in R307-309-5(1) shall not apply when the wind speed exceeds 25 

miles per hour if the owner or operator ceases or reduces fugitive dust producing operations and has implemented, and continues to implement, the accepted fugitive dust control plan in R307-309-6 and administers at least one of 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 You 

We appreciate your help in this important matter

Air Toxics

Compliance

Monitoring
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

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 Telephone Calls Answered 542

Asbestos Individuals Certifications Approved/Disapproved 61/0

Asbestos Company Certifications/Re-Certifications 2/0

Asbestos Alternate Work Practices Approved/Disapproved 18/0

Lead-Based Paint (LBP) Inspections 4

LBP Notifications Approved 0

LBP Telephone 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, Utah 

Mailing Address: P.O. Box 144820 • Salt Lake City, Utah 84114-4820 

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

www.deq.utah.gov

Printed on 100% recycled paper
DAQA

-952-15

Page 2

LBP Firm Certifications9

Notices of Violation Issued0

Compliance Advisories Issued15

Warning Letters Issued 15

Settlement Agreements Finalized2

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 Quality

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 Stack 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 Control Plans Reviewed & Accepted:.................................... 123

Soil Remediation Report Reviews:................................................................... 0

1

Miscellaneous Inspections Conducted:.......................................................... 43

Complaints Received:..................................................................................... 20

Breakdown Reports Received:.......................................................................... 1

195 North 1950 West • Salt Lake City, Utah 

Mailing Address: P.O. Box 144820 • Salt Lake City, Utah 84114-4820 

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

www.deq.utah.gov

Printed on 100% recycled paper
DAQC-1184-15

Page 2

Compliance Actions Resulting From a Breakdown.......................................... 0

Warning 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, complaints, 

on-site training, dust patrol, smoke patrol, open burning, etc.
Utah Division of Air Quality

0.05.0

10.015.020.025.030.035.040.0

1 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 

PM2.5 (ug/m3)

Days

Utah 24-Hr PM2.5 Data July 2015

Bountiful Brigham City Hawthorne Lindon Logan #4 Magna Ogden #2 Rose Park Smithfield 24-hr Exceedence Value is 35 ug/m3

Exceedence Value is 35 u
Utah Division of Air Quality

0

10203040506070

1 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 

PM2.5 (ug/m3)

Days

Utah 24-Hr PM2.5 Data August 2015

Bountiful Brigham City Hawthorne HurricLindon Logan #4 Magna North Ogden #2 Rose Park Smithfield Spanis24-hr Exceedence Value is 35 ug/m3

Exceedence Value is 35 ug/m3

Wildfire smoke from

the Northwest U.S.
Utah Division of Air Quality

05

10152025303540

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2

PM2.5 (ug/m3)

Days

Utah 24-Hr PM2.5 Data September 2015

Bountiful Brigham CityHawthorne HurricaneLindon Logan #4Magna North ProvoOgden #2 Rose ParkSpanish Fork Smithfield24-hr Exceedence Value is 35 ug/m3

Exceedence Value is 35 ug/m
Utah Division of Air Quality

0

20406080

100120140160

1 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 

PM10 (ug/m3)

Days

Utah 24-hr PM10 Data July 2015

Bountiful HawthorneHurricane LindonLogan #4 North ProvoMagna OgdenSmithfield 24-hr Exceedance VaHerriman #3

Exceedance Value is 150 ug/m
Utah Division of Air Quality

0

20406080

100120140160

1 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 

PM10 (ug/m3)

Days

Utah 24-hr PM10 Data August 2015

Bountiful HawthorneHerriman #3 HurricaneLindon Logan #4Magna North ProvoOgden Smithfield24-hr Exceedance Value is 150 ug/m3

Exceedance Value is 150 ug/
Utah Division of Air Quality

0

20406080

100120140160

1 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 

PM10 (ug/m3)

Days

Utah 24-hr PM10 Data September 2015

Bountiful HawthorneHerriman #3 HurricaneLindon LoganMagna North ProvoOgden Smithfield24-hr Exceedance Value is 150 ug/m3

Exceedance Value is 150 ug/m
33.1

32.3

22.9

31.8

30.5

29.9

27.5

24.4

29.6

33.5 33.0

30.8

33.7

35.3

32.1

30.6 30.7

26.6

28.4

30.5

33.0

27.9

31.7

34.9 35.6

27.6

29.3

33.1

34.3

29.6

29.2

0.0000.0100.0200.0300.0400.0500.0600.0700.0800.0900.100

1 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 

Ozone (ppm)

Days

Highest 8-hr Ozone Concentration & Daily Maximum Temperature Augus

Brigham City Bountiful Copperview Erda Herriman #3Harrisville Hawthorne Ogden #2 Exceed. TM
35.3

32.0

22.8

31.5

32.1

32.2

22.6

26.3

30.3

33.1

29.3

30.2

32.9

34.1

34.7

33.5

33.1

29.8

26.3

31.2

33.1

31.3

29.4

33.0

35.0

24.9

30.5

31.2

33.6

30.2

26

0.0000.0100.0200.0300.0400.0500.0600.0700.0800.0900.100

1 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 

Ozone (ppm)

Days

Highest 8-hr Ozone Concentration & Daily Maximum Temperature August 201

Price #2 Roosevelt Vernal #4 Exceed. TM
33.3

34.3

24.1

29.1 29.5

28.4

24.0

23.2

27.1

30.7

32.5

29.3

32.3

33.1

31.1

29.6

29.6

26.1 26.8

29.1

30.6

25.0

29.7

33.0

34.3

26.3

28.6

31.3

32.4

29.5

2

0.0000.0100.0200.0300.0400.0500.0600.0700.0800.0900.100

1 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 3

Ozone (ppm)

Days

Highest 8-hr Ozone Concentration & Daily Maximum Temperature August 20

Logan #4 Exceed. Smithfield TM
34.1

32.2

21.9

33.5

30.9

32.3

28.7

27.5

31.3

34.0

32.6

30.3

33.7

36.3

34.8

31.9 31.7

27.3

30.6

31.7

34.8

30.2

33.5

36.3 35.6

27.2

29.9

33.7

35.

30.6

0.0000.0100.0200.0300.0400.0500.0600.0700.0800.0900.100

1 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 

Ozone (ppm)

Days

Highest 8-hr Ozone Concentration & Daily Maximum Temperature August 20

North Provo Spanish Fork Exceed. TM
32.5

33.5

35.9

36.7

35.6

36.5

25.3

31.5

33.2

34.9

28.6

31.2

35.4 36.3

37.2

38.5 38.8

38.4

37.3

36.7

34.7

35.6

36.0

37.3

34.0

29.9

33.7

36.3

37.0

0.0000.0100.0200.0300.0400.0500.0600.0700.0800.0900.100

1 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 

Ozone (ppm)

Days

Highest 8-hr Ozone Concentration & Daily Maximum Temperature August 20

Hurricane Exceed. TM
32.1 31.4 30.3

30.1

24.4

21.2

24.3

26.3

29.2

30.0 30.9

31.4 31.6

25.6

21.6

19.4

18.3 18.0

21.7

26.1

0.0000.0100.0200.0300.0400.0500.0600.0700.0800.0900.100

1 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 

Ozone (ppm)

Days

Highest 8-hr Ozone Concentration & Daily Maximum Temperature Septemb

2015

Brigham City Bountiful Copperview Erda Herriman #3Harrisville Hawthorne Ogden #2 Exceed. TM
27.1

30.7

29.3

28.0

25.1

27.6

28.0

29.1

29.1

30.7

30.4

31.4

31.1

22.7 22.4

19.5

20.9 21.1

24.0

25.2

0.0000.0100.0200.0300.0400.0500.0600.0700.080

1 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 

Ozone  (ppm)

Days

Highest 8-hr Ozone Concentration & Daily Maximum Temperature September 2

Price #2 Roosevelt Vernal #4 Exceed. TM
30.6

29.7

29.0

28.1

23.3

19.8

23.0

25.0

28.0

29.3

29.8

29.7

28.8

23.8

18.3

14.8

16.0

17.1

20.1

24.0

0.0000.0100.0200.0300.0400.0500.0600.0700.080

1 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 2

Ozone  (ppm)

Days

Highest 8-hr Ozone Concentration & Daily Maximum Temperature September 2

Logan #4 Smithfield Exceed. TM
32.4

31.9

29.2

29.2

26.4 26.4

27.3

28.6

30.9

30.9

31.9

32.7

32.1

25.9

22.8

20.1

22.8

21.0

24.2

28.4

0.0000.0100.0200.0300.0400.0500.0600.0700.080

1 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 

Ozone  (ppm)

Days

Highest 8-hr Ozone Concentration & Daily Maximum Temperature September 20

North Provo Spanish Fork Exceed. TM
33.5 33.4

33.0

31.6

30.8

31.5

32.1

33.8

34.9

36.1

36.7

36.3

33.6

28.1

26.0

28.0

27.5

28.7

30.8

32.7

0.0000.0100.0200.0300.0400.0500.0600.0700.080

1 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 

Ozone  (ppm)

Days

Highest 8-hr Ozone Concentration & Daily Maximum Temperature Septem

Hurricane Exceed. TM