## State ofUtah

GARY R. HERBERT Governor

SPENCER J. COX Lieutenant Governor



### July 22, 2014 

## Department of Environmental Quality

Amanda Smith Executive Director

DIVISION OF AIR QUALITY Bryce C

. Bird

Director



### Shaun McGrath, Regional Administrator US EPA Region 8 1595 Wynkoop Street Denver, Colorado 80202-1129

Dear Mr. McGrath: DAQP-087-14

Enclosed please fmd for your review one hard copy and one electronic copy ofthe administrative documentation in support ofGovernor Herbert's July 10, 2014, State Implementation Plan submittal ofrule R307-335, 

### Degreasing and Solvent Cleaning Operations.

Ifyou have questions, please call me at (801) 536-4064.

Sincerely,

# 6c~**::f-/** Director

BCB:MB:svw

Enclosures

195 North 1950 West
, 4th Floor • Salt Lake City
, UT Mailing Address : P.O

. Box 144820 • Salt Lake City
, UT 84114-4820 Telephone (801) 536-4000 • Fax (801) 536-4099 • T

.D

.D

. (801) 536-4414

www

.deq

. utah. gov Printed on I00% recycled paper

### ,,

### • 

# . )GARY R. HERBERT

GOVERNOR 

## STATE 

## OF UTAH

OFFICE OF THE GOVERNOR

SALT LAKE CITY, UTAH

84114

- 2220



### July 10
, 2014

Shaun McGrath, Regional Administrator US Environmental Protection Agency, Region 8 1595 Wynkoop Street Denver, Colorado 80202-1129

Dear Mr. McGrath : SPENCER J

. COX

LIEUTENANT GOVERNOR



### As part ofUtah's State Implementation Plan
, enclosed for your approval is a revision to rule R307-335, 

### Degreasing andSolvent Cleaning Operations. The amendments to the rule include adding an exemption for operations that are exclusively covered by the Department of Defense military technical specifications and/or performed by a Department ofDefense
contractor on site at installations owned or operated by the United States Armed Forces. The
purpose is to add language to clarify the rule applicability and to establish industry specific solvent cleaning volatile organic compound content limits.

Supporting documentation is being submitted by the Utah Division ofAir Quality. 

### If you have questions about this request, please call Bryce Bird
, director ofthe Utah Division ofAir Quality, at (801) 536-4064.

Enclosures Sincerely,

# ~ r4

# r,J.,..~+-

Gary R. Herbert Governor

# UTAH

Administrative Documentation

R307-335. 

# Permits: Degreasing and Solvent Cleaning Operations.

State of Utah Department ofEnvironmental Quality Division ofAir Quality 195 N. 1950 West P.O. Box 144820 Salt Lake City, Utah 84114-4820 801-536-4000


# July X, 2014

# UTAH

ADMINISTRATIVE DOCUMENTATION 

# July 2014

# R307-335, 

# Degreasing andSolvent Cleaning Operations

ADMINISTRATIVE DOCUMENTATION Table of Contents

Legal Authority Utah Code Title 19

, Chapter 2, Air Conservation Act

......................... ...... .... ... .... ........ ...... ......... ................... C

- 1 Utah Code Title 63G, Chapter 3, Administrative Rulemaking Act

... ................................ .............. .. ....... ..... C-23 Utah Administrative Code, Rl5, Administrative Rules

........ .. ....... ......... ........ . ...... ..... ........ ..... .... .................. C-40

Proposed for Public Comment R307-335: Text as Proposed

........................................................................................................................P-1 R307-335: DAR Bulletin (August 1, 2013) Rule Analysis Form
, DAR #3 7829

... ..... . ................. .. ..... ...........P--6

Public Hearings/Comments R307-335: DAR Bulletin I •• (Date)- Notice ofPublic Comment Period

..................................................... H-1 R307-335: Summary ofPublic Comments and Responses

........................................................................... H-3 R307-335: DAR2 Bulletin 2"d (Date}-Notice ofPublic Comment Period

................................................. H-7 R307-335: Summary ofPublic Comments and Responses

.... ....................... . ..................... ......... .................. H-9

Changes in Proposed Rules R307-335: DAR Bulletin- CPRl

................ .... ....... ..... ...... ............... .. ... ..... ... ............. ........................... ...CPR-1 Text ofProposed Rule

....................... ...... ......... .............. ............................................ .. .................CPR-3 R307-335: DAR Bulletin -CPR2

.............................................................................................................CPR-8 Text ofProposed Rule

.................................................................................................................CPR

- 12 R307-335: DAR Bulletin-CPR3

... ..... ....................................................................................................CPR-17 Text ofProposed Rule

........................................................................................................... .... ..CPR-20

Effective Rule R307-335: Final Text

............... ..................... ..... ...... ........ ... ....... ........ ....... ......................................E

- 1 R307-335: DAR Bulletin (June 15, 2014) Effective Date Notice

.....................................................................E-5

Certification

# Codes

# Air Conservation Act

Utah Code

--Title 19

--Chapter 02 (February 13, 2014)

19-2- 101. Short title

--Policy of state and purpose of chapter

--Support of local and regional programs

--Provision of coordinated statewide program.

................................................................................................................................2 19-2-102. Definitions.

...................................................................................................................................................2 19-2-103. Members of board

--Appointment

--Terms

--Organization

--Per diem and expenses.

.............................3 19-2-104. Powers of board.

..........................................................................................................................................4 19-2-105. Duties of board.

............................................................................................................................................6 19-2-105.3. Clean fuel requirements for fleets.

............................................................................................................8 19-2-106. Rulemaking authority and procedure.

..........................................................................................................9 19-2- 107. Director

--Appointment

--Powers.

............................................................................................................9 19-2- 108. Notice of construction or modification of installations required

--Authority of director to prohibit construction

--Hearings

--Limitations on authority of director

--Inspections authorized.

........................................ 10 19-2- 109. Air quality standards

--Hearings on adoption

--Orders of director

--Adoption of emission control requirements.

............................................................................................................................................................... 11 19-2-109.1. Operating permit required

--Emissions fee

--Implementation.

............................................................. 12 19-2-109.2. Small business assistance program.

........................................................................................................ 13 19-2-109.3. Public access to information.

.................................................................................................................. 15 19-2-109.5. Private sector air quality permitting professionals certification program.

.............................................. 15 19-2- 110. Violations

--Notice to violator

--Corrective action orders

--Conference, conciliation, and persuasion by director

--Hearings.

..................................................................................................................................................... 15 19-2-112. Generalized condition of air pollution creating emergency

--Sources causing imminent danger to health - - Powers of executive director

--Declaration of emergency.

...................................................................................... 15 19-2-113. Variances

--Judicial review.

...................................................................................................................... 16 19-2-114. Activities not in violation of chapter or rules.

............................................................................................ 17 19-2-115. Violations

--Penalties

--Reimbursement for expenses.

............................................................................ 17 19-2-116. Injunction or other remedies to prevent violations

--Civil actions not abridged.

...................................... 19 19-2-117. Attorney general as legal advisor to board

--Duties of attorney general and county attorneys.

................ 19 19-2-118. Violation of injunction evidence of contempt.

........................................................................................... 19 19-2-119. Civil or criminal remedies not excluded

--Actionable rights under chapter

--No liability for acts of God or other catastrophes.

................................................................................................................................................... 19 19-2-120. Information required of owners or operators of air contaminant sources.

.................................................20 19-2-121. Ordinances of political subdivisions authorized.

........................................................................................20 19-2-123. Tax relief to encourage investment in facilities

--Sales and use tax exemption.

.......................................20 19-2-124. Application for certification of pollution control facility

--Refunds

--Interest.

.......................................20 19-2-125. Action on application for certification.

......................................................................................................21 19-2-126. Revocation of certification

--Grounds

--Procedure.

.................................................................................22 19-2-127. Rules for administering certification for tax relief.

....................................................................................22

# Title 19. Environmental

Quality Code. Chapter 2. Air Conservation Act.

19-2-101. Short title

--Policy of state and purpose of chapter

--Support of local and regional programs

--Provision of coordinated statewide program. (1) This chapter is known as the "Air Conservation Act." (2) It is the policy of this state and the purpose of this chapter to achieve and maintain levels of air quality which will protect human health and safety, and to the greatest degree practicable, prevent injury to plant and animal life and property, foster the comfort and convenience of the people, promote the economic and social development of this state, and facilitate the enjoyment of the natural attractions of this state. (3) Local and regional air pollution control programs shall be supported to the extent practicable as essential instruments to secure and maintain appropriate levels of air quality. (4) The purpose of this chapter is to: (a) provide for a coordinated statewide program of air pollution prevention, abatement, and control; (b) provide for an appropriate distribution of responsibilities among the state and local units of government; (c) facilitate cooperation across jurisdictional lines in dealing with problems of air pollution not confined within single jurisdictions; and (d) provide a framework within which air quality may be protected and consideration given to the public interest at all levels of planning and development within the state..

19-2-102. Definitions. As used in this chapter: (1) "Air contaminant" means any particulate matter or any gas, vapor, suspended solid, or any combination of them, excluding steam and water vapors. (2) "Air contaminant source" means all sources of emission of air contaminants whether privately or publicly owned or operated. (3) "Air pollution" means the presence in the ambient air of one or more air contaminants in the quantities and duration and under conditions and circumstances as is or tends to be injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or use of property, as determined by the rules adopted by the board. (4) "Ambient air" means the surrounding or outside air. (5) "Asbestos" means the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, anthophyllite, and actinolite-tremolite. (6) "Asbestos-containing material" means any material containing more than 1% asbestos, as determined using the method adopted in 40 CFR Part 61, Subpart M, National Emission Standard for Asbestos. (7) "Asbestos inspection" means an activity undertaken to determine the presence orlocation, or to assess the condition of, asbestoscontaining material or suspected asbestoscontaining material, whether by visual or physical examination, or by taking samples of the material. (8) (a) "Board" means the Air Quality Board. (b) "Board" means, as used in Sections 19-2-123 through 19-2-126, the Air Quality Board or the Water Quality Board. (9) "Clean school bus" has the same meaning as defined in 42 U.S.C. Sec. 16091. (10) "Director" means the director of the Division of Air Quality. (11) "Division" means the Division of Air Quality, created in Subsection 19-1- 105(1)(a). (12) (a) "Facility" means machinery, equipment, structures, or any part or accessories of them, installed or acquired for the primary purpose of controlling or disposing of air pollution. (b) "Facility" does not include an air conditioner, fan, or other similar facility for the

### comfort of personnel.

(13) "Friable asbestos-containing material" means any material containing more than 1% asbestos, as determined using the method adopted in 40 CFR Part 61, Subpart M, National Emission Standard for Asbestos, that hand pressure can crumble, pulverize, or reduce to powder when dry. (14) "Indirect source" means a facility, building, structure, or installation which attracts or may attract mobile source activity that results in emissions of a pollutant for which there is a national standard. (15) (a) "Pollution control facility" or "facility" means, as used in Sections 19-2-123 through 19-2-126, any land, structure, building, installation, excavation, machinery, equipment, or device, or any addition to, reconstruction, replacement or improvement of, land or an existing structure, building, installation, excavation, machinery, equipment, or device reasonably used, erected, constructed, acquired, or installed by any person if the primary purpose of the use, erection, construction, acquisition, or installation is the prevention, control, or reduction of air or water pollution by: (i) the disposal or elimination of or redesign to eliminate waste and the use of treatment works for industrial waste as defined in Title 19, Chapter 5, Water Quality Act; or (ii) the disposal, elimination, or reduction of or redesign to eliminate or reduce air contaminants or air pollution or air contamination sources and the use of air cleaning devices. (b) "Pollution control facility" or "facility" does not include air conditioners, septic tanks, or other facilities for human waste, nor any property installed, constructed, or used for the moving of sewage to the collection facilities of a public or quasi-public sewerage system.

19-2-103. Members of board

--Appointment

--Terms

--Organization

--Per diem and expenses. (1) The board consists of the following nine members: (a) the following non-voting member, except that the member may vote to break a tie vote between the voting members: (i) the executive director; or (ii) an employee of the department designated by the executive director; and (b) the following eight voting members, who shall be appointed by the governor with the consent of the Senate: (i) one representative who: (A) is not connected with industry; (B) is an expert in air quality matters; and (C) is a Utah-licensed physician, a Utah-licensed professional engineer, or a scientist with relevant training and experience; (ii) two government representatives who do not represent the federal government; (iii) one representative from the mining industry; (iv) one representative from the fuels industry; (v) one representative from the manufacturing industry; (vi) one representative from the public who represents: (A) an environmental nongovernmental organization; or (B) a nongovernmental organization that represents community interests and does not represent industry interests; and (vii) one representative from the public who is trained and experienced in public health. (2) A member of the board shall: (a) be knowledgeable about air pollution matters, as evidenced by a professional degree, a professional accreditation, or documented experience; (b) be a resident of Utah; (c) attend board meetings in accordance with the attendance rules made by the department under Subsection 19-1- 201(1)(d)(i)(A); and (d) comply with all applicable statutes, rules, and policies, including the conflict of interest rules made by the department under Subsection 19-1-201(1)(d)(i)(B). (3) No more than five of the appointed members of the board shall belong to the same political party. (4) A majority of the members of the

### board may not derive any significant portion of

their income from persons subject to permits or orders under this chapter. (5) (a) Members shall be appointed for a term of four years. (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that half of the appointed board is appointed every two years. (c) (i) Notwithstanding Subsection (5)(a), the term of a board member who is appointed before March 1, 2013, shall expire on February 28, 2013. (ii) On March 1, 2013, the governor shall appoint or reappoint board members in accordance with this section. (6) A member may serve more than
one term. (7) A member shall hold office until the expiration of the member's term and until the member's successor is appointed, but not more than 90 days after the expiration of the member's
term. (8) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term. (9) The board shall elect annually a chair and a vice chair from its members. (10) (a) The board shall meet at least quarterly. (b) Special meetings may be called by the chair upon the chair's own initiative, upon the request of the director, or upon the request of three members of the board. (c) Three days' notice shall be given to each member of the board before any meeting. (11) Five members constitute a quorum at any meeting, and the action of a majority of members present is the action of the board. (12) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107. 19-2-104. Powers of board. (1) The board may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act: (a) regarding the control, abatement, and prevention of air pollution from all sources and the establishment of the maximum quantity of air contaminants that may be emitted by any air contaminant source; (b) establishing air quality standards; (c) requiring persons engaged in operations which result in air pollution to: (i) install, maintain, and use emission monitoring devices, as the board finds necessary; (ii) file periodic reports containing information relating to the rate, period of emission, and composition of the air contaminant; and (iii) provide access to records relating to emissions which cause or contribute to air pollution; (d) (i) implementing: (A) Toxic Substances Control Act, Subchapter II, Asbestos Hazard Emergency Response, 15 U.S.C. 2601 et seq.; (B) 40 C.F.R. Part 763, Asbestos; and (C) 40 C.F.R. Part 61, National Emission Standards for Hazardous Air Pollutants, Subpart M, National Emission Standard for Asbestos; and (ii) reviewing and approving asbestos management plans submitted by local education agencies under the Toxic Substances Control Act, Subchapter II, Asbestos Hazard Emergency Response, 15 U.S.C. 2601 et seq.; (e) establishing a requirement for a diesel emission opacity inspection and maintenance program for diesel-powered motor vehicles; (f) implementing an operating permit program as required by and in conformity with Titles IV and V of the federal Clean Air Act Amendments of 1990; (g) establishing requirements for county emissions inspection and maintenance programs after obtaining agreement from the counties that would be affected by the requirements;

### (h) with the approval of the governor,

implementing in air quality nonattainment areas employer-based trip reduction programs applicable to businesses having more than 100 employees at a single location and applicable to federal, state, and local governments to the extent necessary to attain and maintain ambient air quality standards consistent with the state implementation plan and federal requirements under the standards set forth in Subsection (2); and (i) implementing lead-based paint remediation training, certification, and performance requirements in accordance with 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act, Subchapter IV

--Lead Exposure Reduction, Sections 402 and 406. (2) When implementing Subsection (1)(h) the board shall take into consideration: (a) the impact of the business on overall air quality; and (b) the need of the business to use automobiles in order to carry out its business purposes. (3) (a) The board may: (i) hold a hearing that is not an adjudicative proceeding relating to any aspect of, or matter in, the administration of this chapter; (ii) order the director to: (A) issue orders necessary to enforce the provisions of this chapter; (B) enforce the orders by appropriate administrative and judicial proceedings; or (C) institute judicial proceedings to secure compliance with this chapter; or (iii) advise, consult, contract, and cooperate with other agencies of the state, local governments, industries, other states, interstate or interlocal agencies, the federal government, or interested persons or groups. (b) The board shall: (i) to ensure compliance with applicable statutes and regulations: (A) review a settlement negotiated by the director in accordance with Subsection 19-2- 107(2)(b)(viii) that requires a civil penalty of $25,000 or more; and (B) approve or disapprove the settlement; (ii) encourage voluntary cooperation by persons and affected groups to achieve the purposes of this chapter; (iii) require the owner and operator of each new source which directly emits or has the potential to emit 100 tons per year or more of any air contaminant or the owner or operator of each existing source which by modification will increase emissions or have the potential of increasing emissions by 100 tons per year or more of any air contaminant, to pay a fee sufficient to cover the reasonable costs of: (A) reviewing and acting upon the notice required under Section 19-2-108; and (B) implementing and enforcing requirements placed on the sources by any approval order issued pursuant to notice, not including any court costs associated with any enforcement action; (iv) meet the requirements of federal air pollution laws; (v) by rule, establish work practice, certification, and clearance air sampling requirements for persons who: (A) contract for hire to conduct demolition, renovation, salvage, encapsulation work involving friable asbestos-containing materials, or asbestos inspections if: (I) the contract work is done on a site other than a residential property with four or fewer units; or (II) the contract work is done on a residential property with four or fewer units where a tested sample contained greater than 1% of asbestos; (B) conduct work described in Subsection (3)(b)(v)(A) in areas to which the general public has unrestrained access or in school buildings that are subject to the federal Asbestos Hazard Emergency Response Act of 1986; (C) conduct asbestos inspections in facilities subject to 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response; or (D) conduct lead paint inspections in facilities subject to 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act, Subchapter IV

--

### Lead Exposure Reduction;

(vi) establish certification requirements for persons required under 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response, to be accredited as inspectors, management planners, abatement project designers, asbestos abatement contractors and supervisors, or asbestos abatement workers; (vii) establish certification requirements for asbestos project monitors, which shall provide for experience-based certification of persons who, prior to establishment of the certification requirements, had received relevant asbestos training, as defined by rule, and had acquired at least 1,000 hours of experience as project monitors; (viii) establish certification procedures and requirements for certification of the conversion of a motor vehicle to a clean-fuel vehicle, certifying the vehicle is eligible for the tax credit granted in Section 59-7-605 or 59-10- 1009; (ix) establish a program to certify private sector air quality permitting professionals (AQPP), as described in Section 19-2-109.5; (x) establish certification requirements for persons required under 15 U.S.C.A. 2601 et seq., Toxic Control Act, Subchapter IV

--Lead Exposure Reduction, to be accredited as inspectors, risk assessors, supervisors, project designers, or abatement workers; and (xi) assist the State Board of Education in adopting school bus idling reduction standards and implementing an idling reduction program in accordance with Section 41-6a-1308. (4) Any rules adopted under this chapter shall be consistent with provisions of federal laws, if any, relating to control of motor vehicles or motor vehicle emissions. (5) Nothing in this chapter authorizes the board to require installation of or payment for any monitoring equipment by the owner or operator of a source if the owner or operator has installed or is operating monitoring equipment that is equivalent to equipment which the board would require under this section. (6) (a) The board may not require testing for asbestos or related materials on a residential property with four or fewer units, unless: (i) the property's construction was completed before January 1, 1981; or (ii) the testing is for: (A) a sprayed acoustical ceiling; (B) transite siding; (C) vinyl floor tile; (D) thermal-system insulation or tape on a duct or furnace; or (E) vermiculite type insulation materials. (b) A residential property with four or fewer units is subject to an abatement rule made under Subsection (1) or (3)(b)(v) if: (i) a sample from the property is tested for asbestos; and (ii) the sample contains asbestos measuring greater than 1%. (7) The board may not issue, amend, renew, modify, revoke, or terminate any of the following that are subject to the authority granted to the director under Section 19-2-107 or 19-2-108: (a) a permit; (b) a license; (c) a registration; (d) a certification; or (e) another administrative authorization made by the director. (8) A board member may not speak or act for the board unless the board member is authorized by a majority of a quorum of the board in a vote taken at a meeting of the board. (9) Notwithstanding Subsection (7), the board may exercise all authority granted to the board by a federally enforceable state implementation plan.

19-2-105. Duties of board. The board, in conjunction with the governing body of each county identified in Section 41-6a-1643 and other interested parties, shall order the director to perform an evaluation of the inspection and maintenance program developed under Section 41-6a-1643 including issues relating to:

(1) the implementation of a

### standardized inspection and maintenance

program; (2) out-of-state registration of vehicles used in Utah; (3) out-of-county registration of vehicles used within the areas required to have an inspection and maintenance program; (4) use of the farm truck exemption; (5) mechanic training programs; (6) emissions standards; and

(7) emissions waivers

### 19-2-105.3. Clean fuel requirements for

fleets. (1) As used in this section:

(a) “1990 Clean Air Act” means the federal Clean Air Act as amended in 1990. (b) "Clean fuel" means: (i) (i) propane, compressed natural gas, or electricity; (ii) other fuel the Air Quality Board created in Title 19, Chapter 2, Air Conservation Act, determines annually on or before July 1 is at least as effective as fuels under Subsection (1)(b)(i) in reducing air pollution; and (iii) other fuel that meets the clean fuel vehicle standards in the 1990 Clean Air Act. (c) "Fleet" means 10 or more vehicles: (i) owned or operated by a single entity as defined by board rule; and (ii) capable of being fueled or that are fueled at a central location. (d) "Fleet" does not include motor vehicles that are: (i) held for lease or rental to the general public; (ii) held for sale or used as demonstration vehicles by motor vehicle dealers; (iii) used by motor vehicle manufacturers for product evaluations or tests; (iv) authorized emergency vehicles as defined in Section 41-6a-102; (v) registered under Title 41, Chapter 1a, Part 2, Registration, as farm vehicles; (vi) special mobile equipment as defined in Section 41-1a-102; (vii) heavy duty trucks with a gross vehicle weight rating of more than 26,000 pounds; (viii) regularly used by employees to drive to and from work, parked at the employees' personal residences when they are not at their employment, and not practicably fueled at a central location; (ix) owned, operated, or leased by public transit districts; or (x) exempted by board rule. (2) (a) After evaluation of reasonably available pollution control strategies, and as part of the state implementation plan demonstrating attainment of the national ambient air quality standards, the board may by rule, subject to Subsection (2)(c), require fleets in specified geographical areas to use clean fuels if the board determines fleet use of clean fuels is: (i) necessary to demonstrate attainment of the national ambient air quality standards in any area where they are required; and (ii) reasonably cost effective when compared to other similarly beneficial control strategies for demonstrating attainment of the national ambient air quality standards. (b) State implementation plans developed prior to July 1, 1995, may require fleets to use clean fuels no earlier than July 1, 1995, unless the board determines fleet use of clean fuels is necessary prior to July 1, 1995, to demonstrate attainment of the national ambient air quality standards in any area by an attainment date established by federal law. (c) The board may not require more than 50% of those trucks in a fleet that are heavy duty trucks having a gross vehicle weight rating of more than 8,500 pounds and not more than 26,000 pounds to convert to clean fuels under Subsection (2)(b). (d) A vehicle retrofit to operate on compressed natural gas in accordance with Section 19-1-406 qualifies as a clean fuel vehicle under this section. (3) (a) After evaluation of reasonably available pollution control strategies, and as part of a state implementation plan demonstrating only maintenance of the national ambient air quality standards, the board may by rule, subject to Subsection (3)(b), require fleets in specified geographical areas to use clean fuels if the board determines fleet use of clean fuels is: (i) necessary to demonstrate maintenance of the national ambient air quality standards in any area where they are required; and (ii) reasonably cost effective as compared with other similarly beneficial control strategies for demonstrating maintenance of the national ambient air quality standards. (b) Under Subsection (3)(a) the board may require no more than:

### (i) 30% of a fleet to use clean fuels

before January 1, 1998; (ii) 50% of a fleet to use clean fuels before January 1, 1999; and (iii) 70% of a fleet to use clean fuels before January 1, 2000. (c) The board may not require more than 50% of those trucks in a fleet that are heavy duty trucks having a gross vehicle weight rating of more than 8,500 pounds and not more than 26,000 pounds to convert to clean fuels under Subsection (3)(b). (4) Rules the board makes under this section may include: (a) dates by which fleets are required to convert to clean fuels under the provisions of this section; (b) definitions of fleet owners or operators; (c) definitions of vehicles exempted from this section by rule; (d) certification requirements for persons who install clean fuel conversion equipment, including testing and certification standards regarding installers; and (e) certification fees for installers, established under Section 63J-1-504. (5) Implementation of this section and rules made under this section are subject to the reasonable availability of clean fuel in the local market as determined by the board.

19-2-106. Rulemaking authority and procedure. (1) Except as provided in Subsection (2), no rule which the board makes for the purpose of administering a program under the federal Clean Air Act may be more stringent than the corresponding federal regulations which address the same circumstances. In making rules, the board may incorporate by reference corresponding federal regulations. (2) The board may make rules more stringent than corresponding federal regulations for the purpose described in Subsection (1), only if it makes a written finding after public comment and hearing and based on evidence in the record, that corresponding federal regulations are not adequate to protect public health and the environment of the state. Those findings shall be accompanied by an opinion referring to and evaluating the public health and environmental information and studies contained in the record which form the basis for the board's conclusion.

19-2-107. Director

--Appointment

--Powers.

(1) The executive director shall appoint the director. The director shall serve under the administrative direction of the executive director. (2) (a) The director shall: (i) prepare and develop comprehensive plans for the prevention, abatement, and control of air pollution in Utah; (ii) advise, consult, and cooperate with other agencies of the state, the federal government, other states and interstate agencies, and affected groups, political subdivisions, and industries in furtherance of the purposes of this chapter;(iii) review plans, specifications, or other data relative to pollution control systems or any part of the systems provided in this chapter;(iv) under the direction of the executive director, represent the state in all matters relating to interstate air pollution, including interstate compacts and similar agreements; (v) secure necessary scientific, technical, administrative, and operational services, including laboratory facilities, by contract or otherwise; (vi) encourage voluntary cooperation by persons and affected groups to achieve the purposes of this chapter; (vii) encourage local units of government to handle air pollution within their respective jurisdictions on a cooperative basis and provide technical and consulting assistance to them;(viii) determine by means of field studies and sampling the degree of air contamination and air pollution in all parts of the state; (ix) monitor the effects of the emission of air contaminants from motor vehicles on the

### quality of the outdoor atmosphere in all parts of

Utah and take appropriate responsive action;

(x) collect and disseminate information relating to air contamination and air pollution and conduct educational and training programs relating to air contamination and air pollution; (xi) assess and collect noncompliance penalties as required in Section 120 of the federal Clean Air Act, 42 U.S.C. Section 7420; (xii) comply with the requirements of federal air pollution laws; (xiii) subject to the provisions of this chapter, enforce rules through the issuance of orders, including: (A) prohibiting or abating discharges of wastes affecting ambient air; (B) requiring the construction of new control facilities or any parts of new control facilities or the modification, extension, or alteration of existing control facilities or any parts of new control facilities; or (C) adopting other remedial measures to prevent, control, or abate air pollution; and (xiv) as authorized by the board and subject to the provisions of this chapter, act as executive secretary of the board under the direction of the chairman of the board. (b) The director may: (i) employ full-time employees necessary to carry out this chapter; (ii) subject to the provisions of this chapter, authorize any employee or representative of the department to enter at reasonable time and upon reasonable notice in or upon public or private property for the purposes of inspecting and investigating conditions and plant records concerning possible air pollution; (iii) encourage, participate in, or conduct studies, investigations, research, and demonstrations relating to air pollution and its causes, effects, prevention, abatement, and control, as advisable and necessary for the discharge of duties assigned under this chapter, including the establishment of inventories of pollution sources; (iv) collect and disseminate information relating to air pollution and the prevention, control, and abatement of it; (v) cooperate with studies and research relating to air pollution and its control, abatement, and prevention;

(vi) subject to Subsection (3), upon request, consult concerning the following with any person proposing to construct, install, or otherwise acquire an air contaminant source in Utah: (A) the efficacy of any proposed control device or proposed control system for the
source; or (B) the air pollution problem that may be related to the source, device, or system; (vii) accept, receive, and administer grants or other funds or gifts from public and private agencies, including the federal government, for the purpose of carrying out any of the functions of this chapter; (viii) subject to Subsection 19-2- 104(3)(b)(i), settle or compromise any civil action initiated by the division to compel compliance with this chapter or the rules made under this chapter; or (ix) as authorized by the board and subject to the provisions of this chapter, exercise all incidental powers necessary to carry out the purposes of this chapter, including certification to any state or federal authorities for tax purposes the fact of construction, installation, or acquisition of any facility, land, building, machinery, or equipment or any part of them, in conformity with this chapter. (3) A consultation described in Subsection (2)(b)(vi) does not relieve a person from the requirements of this chapter, the rules adopted under this chapter, or any other provision of law.

19-2-108. Notice of construction or modification of installations required

-- Authority of director to prohibit construction

-- Hearings

--Limitations on authority of director

--Inspections authorized. (1) Notice shall be given to the director by any person planning to construct a new installation which will or might reasonably be expected to be a source or indirect source of air pollution or to make modifications to an existing installation which will or might reasonably be

### expected to increase the amount of or change the

character or effect of air contaminants discharged, so that the installation may be expected to be a source or indirect source of air pollution, or by any person planning to install an air cleaning device or other equipment intended to control emission of air contaminants. (2) (a) (i) The director may require, as a condition precedent to the construction, modification, installation, or establishment of the air contaminant source or indirect source, the submission of plans, specifications, and other information as he finds necessary to determine whether the proposed construction, modification, installation, or establishment will be in accord with applicable rules in force under this chapter. (ii) Plan approval for an indirect source may be delegated by the director to a local authority when requested and upon assurance that the local authority has and will maintain sufficient expertise to insure that the planned installation will meet the requirements established by law. (b) If within 90 days after the receipt of plans, specifications, or other information required under this subsection, the director determines that the proposed construction, installation, or establishment or any part of it will not be in accord with the requirements of this chapter or applicable rules or that further time, not exceeding three extensions of 30 days each, is required by the director to adequately review the plans, specifications, or other information, he shall issue an order prohibiting the construction, installation, or establishment of the air contaminant source or sources in whole or in part. (3) In addition to any other remedies, any person aggrieved by the issuance of an order either granting or denying a request for the construction of a new installation, and prior to invoking any such other remedies shall, upon request, in accordance with the rules of the department, be entitled to a permit review adjudicative proceeding conducted by an administrative law judge as provided by Section 19-1-301.5. (4) Any features, machines, and devices constituting parts of or called for by plans, specifications, or other information submitted under Subsection (1) shall be maintained in good working order.

(5) This section does not authorize the director to require the use of machinery, devices, or equipment from a particular supplier or produced by a particular manufacturer if the required performance standards may be met by machinery, devices, or equipment otherwise available. (6) (a) Any authorized officer, employee, or representative of the director may enter and inspect any property, premise, or place on or at which an air contaminant source is located or is being constructed, modified, installed, or established at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and the rules adopted under it. (b) (i) A person may not refuse entry or access to any authorized representative of the director who requests entry for purposes of inspection and who presents appropriate credentials. (ii) A person may not obstruct, hamper, or interfere with any inspection. (c) If requested, the owner or operator of the premises shall receive a report setting forth all facts found which relate to compliance
status.

19-2-109. Air quality standards

--Hearings on adoption

--Orders of director

--Adoption of emission control requirements. (1) (a) The board, in adopting standards of quality for ambient air, shall conduct public hearings. (b) Notice of any public hearing for the consideration, adoption, or amendment of air quality standards shall specify the locations to which the proposed standards apply and the time, date, and place of the hearing. (c) The notice shall be: (i) (A) published at least twice in any newspaper of general circulation in the area affected; and (B) published on the Utah Public Notice Website created in Section 63F-1-701, at least

### 20 days before the public hearing; and

(ii) mailed at least 20 days before the public hearing to the chief executive of each political subdivision of the area affected and to other persons the director has reason to believe will be affected by the standards. (d) The adoption of air quality standards or any modification or changes to air quality standards shall be by order of the director following formal action of the board with respect to the standards. (e) The order shall be published: (i) in a newspaper of general circulation in the area affected; and (ii) as required in Section 45-1-101. (2) (a) The board may establish emission control requirements by rule that in its judgment may be necessary to prevent, abate, or control air pollution that may be statewide or may vary from area to area, taking into account varying local conditions. (b) In adopting these requirements, the board shall give notice and conduct public hearings in accordance with the requirements in Subsection (1).

19-2-109.1. Operating permit required

-- Emissions fee

--Implementation. (1) As used in this section and Sections 19-2-109.2 and 19-2-109.3: (a) "EPA" means the federal Environmental Protection Agency. (b) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990. (c) "Operating permit" means a permit issued by the director to sources of air pollution that meet the requirements of Titles IV and V of the 1990 Clean Air Act. (d) "Program" means the air pollution operating permit program established under this section to comply with Title V of the 1990 Clean Air Act. (e) "Regulated pollutant" has the same meaning as defined in Title V of the 1990 Clean Air Act and implementing federal regulations. (2) (a) A person may not operate any source of air pollution required to have a permit under Title V of the 1990 Clean Air Act without having obtained an operating permit from the director under procedures the board establishes by rule. (b) A person is not required to submit an operating permit application until the governor has submitted an operating permit program to the EPA. (c) Any operating permit issued under this section may not become effective until the day after the EPA issues approval of the permit program or November 15, 1995, whichever occurs first. (3) (a) Operating permits issued under this section shall be for a period of five years unless the director makes a written finding, after public comment and hearing, and based on substantial evidence in the record, that an operating permit term of less than five years is necessary to protect the public health and the environment of the state. (b) The director may issue, modify, or renew an operating permit only after providing public notice, an opportunity for public comment, and an opportunity for a public hearing.(c) The director shall, in conformity with the 1990 Clean Air Act and implementing federal regulations, revise the conditions of issued operating permits to incorporate applicable federal regulations in conformity with Section 502(b)(9) of the 1990 Clean Air Act, if the remaining period of the permit is three or more years. (d) The director may terminate, modify, revoke, or reissue an operating permit for cause. (4) (a) The board shall establish a proposed annual emissions fee that conforms with Title V of the 1990 Clean Air Act for each ton of regulated pollutant, applicable to all sources required to obtain a permit. The emissions fee established under this section is in addition to fees assessed under Section 19-2-108 for issuance of an approval order. (b) In establishing the fee the boardshall comply with the provisions of Section 63J1-504 that require a public hearing and require the established fee to be submitted to the Legislature for its approval as part of the department's annual appropriations request. (c) The fee shall cover all reasonable

### direct and indirect costs required to develop and

administer the program and the small business assistance program established under Section 19-2-109.2. The director shall prepare an annual report of the emissions fees collected and the costs covered by those fees under this Subsection (4). (d) The fee shall be established uniformly for all sources required to obtain an operating permit under the program and for all regulated pollutants. (e) The fee may not be assessed for emissions of any regulated pollutant if the emissions are already accounted for within the emissions of another regulated pollutant. (f) An emissions fee may not be assessed for any amount of a regulated pollutant emitted by any source in excess of 4,000 tons per year of that regulated pollutant. (5) Emissions fees accrued on and after July 1, 1993, but before issuance of an operating permit, shall be based on the most recent emissions inventory, unless a source elects before July 1, 1992, to base the fee on allowable emissions, if applicable for a regulated pollutant. (6) After an operating permit is issued the emissions fee shall be based on actual emissions for a regulated pollutant unless a source elects, prior to the issuance or renewal of a permit, to base the fee during the period of the permit on allowable emissions for that regulated pollutant. (7) If the owner or operator of a source subject to this section fails to timely pay an annual emissions fee, the director may: (a) impose a penalty of not more than 50% of the fee, in addition to the fee, plus interest on the fee computed at 12% annually; or (b) revoke the operating permit. (8) The owner or operator of a source subject to this section may contest an emissions fee assessment or associated penalty in an adjudicative hearing under the Title 63G, Chapter 4, Administrative Procedures Act, and Section 19-1-301, as provided in this Subsection (8). (a) The owner or operator shall pay the fee under protest prior to being entitled to a hearing. Payment of an emissions fee or penalty under protest is not a waiver of the right to contest the fee or penalty under this section. (b) A request for a hearing under this Subsection (8) shall be made after payment of the emissions fee and within six months after the emissions fee was due.

(9) To reinstate an operating permit revoked under Subsection (7) the owner or operator shall pay all outstanding emissions fees, a penalty of not more than 50% of all outstanding fees, and interest on the outstanding emissions fees computed at 12% annually. (10) All emissions fees and penalties collected by the department under this section shall be deposited in the General Fund as the Air Pollution Operating Permit Program dedicated credit to be used solely to pay for the reasonable direct and indirect costs incurred by the department in developing and administering the program and the small business assistance program under Section 19-2-109.2. (11) Failure of the director to act on any operating permit application or renewal is a final administrative action only for the purpose of obtaining judicial review by any of the following persons to require the director to take action on the permit or its renewal without additional delay: (a) the applicant; (b) any person who participated in the public comment process; or (c) any other person who could obtain judicial review of that action under applicable law.

19-2-109.2. Small business assistance program. (1) The board shall establish a small business stationary source technical and environmental compliance assistance program that conforms with Title V of the 1990 Clean Air Act to assist small businesses to comply with state and federal air pollution laws. (2) There is created the Compliance Advisory Panel to advise and monitor the program created in Subsection (1). The seven panel members are: (a) two members who are not owners or representatives of owners of small business

### stationary air pollution sources, selected by the

governor to represent the general public; (b) four members who are owners or who represent owners of small business stationary sources selected by leadership of the Utah Legislature as follows:

(i) one member selected by the majority leader of the Senate; (ii) one member selected by the minority leader of the Senate; (iii) one member selected by the majority leader of the House of Representatives; and (iv) one member selected by the minority leader of the House of Representatives; and (c) one member selected by the executive director to represent the Division of Air Quality, Department of Environmental Quality.(3) (a) Except as required by Subsection (3)(b), as terms of current panel members expire, the department shall appoint each new member or reappointed member to a four-year term. (b) Notwithstanding the requirements of Subsection (3)(a), the department shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of panel members are staggered so that approximately half of the panel is appointed every two years. (4) Members may serve more than one
term. (5) Members shall hold office until the expiration of their terms and until their successors are appointed, but not more than 90 days after the expiration of their terms. (6) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term. (7) Every two years, the panel shall elect a chair from its members. (8) (a) The panel shall meet as necessary to carry out its duties. Meetings may be called by the chair, the director, or upon written request of three of the members of the panel. (b) Three days' notice shall be given to each member of the panel prior to a meeting. (9) Four members constitute a quorum at any meeting, and the action of the majority of members present is the action of the panel. (10) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107 (9) Four members constitute a quorum at any meeting, and the action of the majority of members present is the action of the panel. (10) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107 expiration of their terms and until their successors are appointed, but not more than 90 days after the expiration of their terms.

### 19-2-109.3. Public access to information.

A copy of each permit application, compliance plan, emissions or compliance monitoring report, certification, and each operating permit issued under this chapter shall be made available to the public in accordance with Title 63, Chapter 2, Government Records Access and Management Act.

19-2-109.5. Private sector air quality permitting professionals certification program. (1) As used in this section, "AQPP" means an air quality permitting professional. (2) The board may establish a program to certify private sector AQPPs, including consultants and employees of companies that may seek air quality permits from the division. Any program established under this section shall include: (a) a training program established and operated by the department, which describes and explains the state law and rules regarding the air quality permit application and approval procedure under this chapter; (b) the requirement to pass an exam to measure qualifications of AQPP applicants; (c) an option for certification of an AQPP by passing the exam without undergoing any training required under the program; (d) an application process, including a fee established under Section 63-38-3.2 that covers the costs of the training, testing, and application process and the department's maintenance of a list of certified AQPPs; (e) certification of qualified AQPP applicants; (f) maintenance by the department of a current list of certified AQPPs, which is available to the public; and (g) procedures for the expedited review by the department of air quality permit applications submitted by certified AQPPs; and (h) professional standards for AQPPs. (3) The board may not require AQPP certification as a condition of preparing or submitting a notice of intent or operating permit application under this chapter. (4) Any program under this section shall provide for revocation of any certification issued under this section if the department determines, through an administrative hearing conducted under Title 63, Chapter 46b, Administrative Procedures Act, that the AQPP: (a) knowingly or negligently submitted false information or data as part of an air quality permit application; (b) prepared more than three air quality permit applications in one calendar year in a manner that each did not substantially comply with department application requirements; (c) prepared any air quality permit application in violation of the professional standards defined by department rule.

19-2-110. Violations

--Notice to violator

-- Corrective action orders

--Conference, conciliation, and persuasion by director

-- Hearings. (1) Whenever the director has reason to believe that a violation of any provision of this chapter or any rule issued under it has occurred, the director may serve written notice of the violation upon the alleged violator. The notice shall specify the provision of this chapter or rule alleged to be violated, the facts alleged to constitute the violation, and may include an order that necessary corrective action be taken within a reasonable time. (2) Nothing in this chapter prevents the director from making efforts to obtain voluntary compliance through warning, conference, conciliation, persuasion, or other appropriate

means. (3) Hearings may be held before an administrative law judge as provided by Section 19-1-301.

19-2-112. Generalized condition of air pollution creating emergency

--Sources

causing imminent danger to health

--Powers of executive director

--Declaration of emergency. (1) (a) Title 63G, Chapter 4,

### Administrative Procedures Act, and any other

provision of law to the contrary notwithstanding, if the executive director finds that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, the executive director, with the concurrence of the governor, shall order persons causing or contributing to the air pollution to reduce or discontinue immediately the emission of air contaminants. (b) The order shall fix a place and time, not later than 24 hours after its issuance, for a hearing to be held before the governor. (c) Not more than 24 hours after the commencement of this hearing, and without adjournment of it, the governor shall affirm, modify, or set aside the order of the executive director. (2) (a) In the absence of a generalized condition of air pollution referred to in Subsection (1), but if the executive director finds that emissions from the operation of one or more air contaminant sources is causing imminent danger to human health or safety, the executive director may commence adjudicative proceedings under Section 63G-4-502. (b) Notwithstanding Section 19-1-301 or 19-1-301.5, the executive director may conduct the emergency adjudicative proceeding in place of an administrative law judge. (3) Nothing in this section limits any power that the governor or any other officer has to declare an emergency and act on the basis of that declaration.

19-2-113. Variances

--Judicial review. (1) (a) Any person who owns or is in control of any plant, building, structure, establishment, process, or equipment may apply to the board for a variance from its rules. (b) The board may grant the requested variance following an announced public meeting, if it finds, after considering the endangerment to human health and safety and other relevant factors, that compliance with the rules from which variance is sought would produce serious hardship without equal or greater benefits to the public. (2) A variance may not be granted under this section until the board has considered the relative interests of the applicant, other owners of property likely to be affected by the discharges, and the general public. (3) Any variance or renewal of a variance shall be granted within the requirements of Subsection (1) and for time periods and under conditions consistent with the reasons for it, and within the following limitations: (a) if the variance is granted on the grounds that there are no practicable means known or available for the adequate prevention, abatement, or control of the air pollution involved, it shall be only until the necessary means for prevention, abatement, or control become known and available, and subject to the taking of any substitute or alternate measures that the board may prescribe; (b) (i) if the variance is granted on the grounds that compliance with the requirements from which variance is sought will require that measures, because of their extent or cost, must be spread over a long period of time, the variance shall be granted for a reasonable time that, in the view of the board, is required for implementation of the necessary measures; and (ii) a variance granted on this ground shall contain a timetable for the implementation of remedial measures in an expeditious manner and shall be conditioned on adherence to the timetable; or (c) if the variance is granted on the ground that it is necessary to relieve or prevent hardship of a kind other than that provided for in Subsection (a) or (b), it shall not be granted for more than one year. (4) (a) Any variance granted under this section may be renewed on terms and conditions and for periods that would be appropriate for initially granting a variance. (b) If a complaint is made to the board because of the variance, a renewal may not be granted unless, following an announced public meeting, the board finds that renewal is justified. (c) To receive a renewal, an applicant shall submit a request for agency action to the board requesting a renewal. (d) Immediately upon receipt of an

### application for renewal, the board shall give

public notice of the application as required by its rules. (5) (a) A variance or renewal is not a right of the applicant or holder but may be granted at the board's discretion. (b) A person aggrieved by the board's decision may obtain judicial review. (c) Venue for judicial review of informal adjudicative proceedings is in the district court in which the air contaminant source is situated. (6) (a) The board may review any variance during the term for which it was granted. (b) The review procedure is the same as that for an original application. (c) The variance may be revoked upon a finding that: (i) the nature or amount of emission has changed or increased; or (ii) if facts existing at the date of the review had existed at the time of the original application, the variance would not have been granted. (7) Nothing in this section and no variance or renewal granted pursuant to it shall be construed to prevent or limit the application of the emergency provisions and procedures of Section 19-2-112 to any person or property.

19-2-114. Activities not in violation of chapter or rules. The following are not a violation of this chapter or of any rules made under it: (1) burning incident to horticultural or agricultural operations of: (a) prunings from trees, bushes, and plants; or (b) dead or diseased trees, bushes, and plants, including stubble; (2) burning of weed growth along ditch banks incident to clearing these ditches for irrigation purposes; (3) controlled heating of orchards or other crops to lessen the chances of their being frozen so long as the emissions from this heating do not violate minimum standards set by the board; and (4) the controlled burning of not more than two structures per year by an organized and operating fire department for the purpose of training fire service personnel when the United States Weather Service clearing index is above 500.

19-2-115. Violations

--Penalties

-- Reimbursement for expenses. (1) As used in this section, the terms "knowingly," "willfully," and "criminal negligence" shall mean as defined in Section 76- 2-103. (2) (a) A person who violates this chapter, or any rule, order, or permit issued or made under this chapter is subject in a civil proceeding to a penalty not to exceed $10,000 per day for each violation. (b) Subsection (2)(a) also applies to rules made under the authority of Section 19-2- 104, for implementation of 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response. (c) Penalties assessed for violations described in 15 U.S.C.A. 2647, Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response, may not exceed the amounts specified in that section and shall be used in accordance with that section. (3) A person is guilty of a class A misdemeanor and is subject to imprisonment under Section 76-3-204 and a fine of not more than $25,000 per day of violation if that person knowingly violates any of the following under this chapter: (a) an applicable standard or limitation; (b) a permit condition; or (c) a fee or filing requirement. (4) A person is guilty of a third degree felony and is subject to imprisonment under Section 76-3-203 and a fine of not more than $25,000 per day of violation who knowingly: (a) makes any false material statement, representation, or certification, in any notice or report required by permit; or (b) renders inaccurate any monitoring device or method required to be maintained by this chapter or applicable rules made under this chapter.

### (5) Any fine or penalty assessed under

Subsections (2) or (3) is in lieu of any penalty under Section 19-2-109.1. (6) A person who willfully violates Section 19-2-120 is guilty of a class A misdemeanor. (7) A person who knowingly violates any requirement of an applicable implementation plan adopted by the board, more than 30 days after having been notified in writing by the director that the person is violating the requirement, knowingly violates an order issued under Subsection 19-2-110(1), or knowingly handles or disposes of asbestos in violation of a rule made under this chapter is guilty of a third degree felony and subject to imprisonment under Section 76-3-203 and a fine of not more than $25,000 per day of violation in the case of the first offense, and not more than $50,000 per day of violation in the case of subsequent offenses. (8) (a) As used in this section: (i) "Hazardous air pollutant" means any hazardous air pollutant listed under 42 U.S.C. Sec. 7412 or any extremely hazardous substance listed under 42 U.S.C. Sec. 11002(a)(2). (ii) "Organization" means a legal entity, other than a government, established or organized for any purpose, and includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons. (iii) "Serious bodily injury" means bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. (b) (i) A person is guilty of a class A misdemeanor and subject to imprisonment under Section 76-3-204 and a fine of not more than $25,000 per day of violation if that person with criminal negligence: (A) releases into the ambient air any hazardous air pollutant; and (B) places another person in imminent danger of death or serious bodily injury. (ii) As used in this Subsection (8)(b), "person" does not include an employee who is carrying out the employee's normal activities and who is not a part of senior management personnel or a corporate officer. (c) A person is guilty of a second degree felony and is subject to imprisonment under Section 76-3-203 and a fine of not more than $50,000 per day of violation if that person:

(i) knowingly releases into the ambient air any hazardous air pollutant; and (ii) knows at the time that the person is placing another person in imminent danger of death or serious bodily injury. (d) If a person is an organization, it shall, upon conviction of violating Subsection (8)(c), be subject to a fine of not more than $1,000,000. (e) (i) A defendant who is an individual is considered to have acted knowingly under Subsections (8)(c) and (d), if: (A) the defendant's conduct placed another person in imminent danger of death or serious bodily injury; and (B) the defendant was aware of or believed that there was an imminent danger of death or serious bodily injury to another person. (ii) Knowledge possessed by a person other than the defendant may not be attributed to the defendant. (iii) Circumstantial evidence may be used to prove that the defendant possessed actual knowledge, including evidence that the defendant took affirmative steps to be shielded from receiving relevant information. (f) (i) It is an affirmative defense to prosecution under this Subsection (8) that the conduct charged was freely consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of: (A) an occupation, a business, a profession; or (B) medical treatment or medical or scientific experimentation conducted by professionally approved methods and the other person was aware of the risks involved prior to giving consent. (ii) The defendant has the burden of proof to establish any affirmative defense under this Subsection (8)(f) and shall prove that

### defense by a preponderance of the evidence.

(9) (a) Except as provided in Subsection (9)(b), and unless prohibited by federal law, all penalties assessed and collected under the authority of this section shall be deposited in the General Fund. (b) The department may reimburse itself and local governments from money collected from civil penalties for extraordinary expenses incurred in environmental enforcement activities. (c) The department shall regulate reimbursements by making rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that: (i) define qualifying environmental enforcement activities; and (ii) define qualifying extraordinary expenses.

19-2-116. Injunction or other remedies to prevent violations

--Civil actions not abridged. (1) Action under Section 19-2-115 does not bar enforcement of this chapter, or any of the rules adopted under it or any orders made under it by injunction or other appropriate remedy. The director has the power to institute and maintain in the name of the state any and all enforcement proceedings. (2) This chapter does not abridge, limit, impair, create, enlarge, or otherwise affect substantively or procedurally the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate proceeding for this purpose. (3) (a) In addition to any other remedy created in this chapter, the director may initiate an action for appropriate injunctive relief: (i) upon failure of any person to comply with: (A) any provision of this chapter; (B) any rule adopted under this chapter;

or (C) any final order made by the board, the director, or the executive director; and (ii) when it appears necessary for the protection of health and welfare. (b) The attorney general shall bring injunctive relief actions on request. (c) A bond is not required.

19-2-117. Attorney general as legal advisor to board

--Duties of attorney general and county attorneys. (1) The attorney general is the legal advisor to the board and the director and shall defend them or any of them in all actions or proceedings brought against them or any of them. (2) The county attorney in the county in which a cause of action arises may, upon request of the board or the director, bring any action, civil or criminal, to abate a condition which exists in violation of, or to prosecute for the violation of or to enforce, this chapter or the standards, orders, or rules of the board or the director issued under this chapter. (3) The director may bring any action and be represented by the attorney general. (4) In the event any person fails to comply with a cease and desist order of the board or the director that is not subject to a stay pending administrative or judicial review, the director may initiate an action for, and is entitled to, injunctive relief to prevent any further or continued violation of the order.

19-2-118. Violation of injunction evidence of contempt. Failure to comply with the terms of any injunction issued under this chapter is prima facie evidence of contempt which is punishable as for other civil contempts.

19-2-119. Civil or criminal remedies not excluded

--Actionable rights under chapter

-- No liability for acts of God or other catastrophes. (1) Existing civil or criminal remedies for any wrongful action which is a violation of any part of the law are not excluded by this chapter. (2) Persons other than the state or the

### board do not acquire actionable rights by virtue

of this chapter. (3) The liabilities imposed for violation of this chapter are not imposed for any violation caused by an act of God, war, strike, riot, or other catastrophe.

19-2-120. Information required of owners or operators of air contaminant sources. The owner or operator of any stationary air contaminant source in the state shall furnish to the director the reports required by rules made in accordance with Section 19-2-104 and any other information the director finds necessary to determine whether the source is in compliance with state and federal regulations and standards. The information shall be correlated with applicable emission standards or limitations and shall be available to the public during normal business hours at the office of the division. 19-2-121. Ordinances of political subdivisions authorized. Any political subdivision of the state may enact and enforce ordinances to control air pollution that are consistent with this chapter.

19-2-122. Cooperative agreements between political subdivisions and department. (1) Any political subdivision of the state may enter into and perform with other political subdivisions of the state or with the department contracts and agreements as they find proper for establishing, planning, operating, and financing air pollution programs. (2) The agreements may provide for an agency to: (a) supervise and operate an air pollution program; (b) prescribe, subject to the approval of the board, the agency's powers and duties; and

(c) fix the compensation of the agency's members and employees.

19-2-123. Tax relief to encourage investment in facilities

--Sales and use tax exemption. (1) It is in the public interest of the state to encourage, through tax relief, investment in pollution control and pollution elimination facilities while at the same time making and keeping the state an attractive location for continued industrial development, including the expansion of existing plants, thereby increasing employment and payrolls and upgrading the natural resources of the state. (2) All materials and equipment purchased, leased, or otherwise procured and services utilized for the construction or installation in a pollution control facility are exempt from sales and use taxes imposed by Title 59, Chapter 12, Sales and Use Tax Act, upon obtaining a certification of pollution control facility from the board. 19-2-124. Application for certification of pollution control facility

--Refunds

-- Interest. (1) (a) A person who qualifies under Subsection (2) may apply to the board for certification of a pollution control facility or facilities erected, constructed, or installed, or to be erected, constructed, or installed in the state on or after July 1, 1986, but on or before June 30, 2009. (b) The person may file the application at any time after a firm construction contract has been entered or construction has commenced. (2) (a) (i) A person who applies under Subsection (1) shall be the owner of a trade or business that uses property in the state requiring a pollution control facility to prevent or minimize pollution or a person who, as a lessee or pursuant to an agreement, conducts the trade or business that operates or uses the property. (ii) For purposes of this Subsection (2), "owner" includes a contract purchaser. (b) The facility shall be owned, operated, or leased during a part of the tax year in which the exemption is claimed. (c) A person who obtains certification

### for a pollution control facility may claim an

exemption from sales and use taxes as provided in Sections 19-2-123 and 59-12-104 only during the time period beginning on or after July 1, 1986, and ending on or before June 30, 2009. (d) A person who pays a tax under Title 59, Chapter 12, Sales and Use Tax Act, on a purchase of tangible personal property or services used in the construction of or incorporated into a pollution control facility that: (i) is not certified under Section 19-2- 125, may obtain a refund of the tax if: (A) the board subsequently certifies the pollution control facility; (B) the tangible personal property or services meet the requirements for exemption provided in Subsections 19-2-123(2) and 59-12- 104(11), except for the certification requirement; and (C) the person files a claim for the refund with the State Tax Commission within the lesser of: (I) three years after the day on which the pollution control facility is certified under Section 19-2-125; or (II) six years after the day on which the person pays the tax under Title 59, Chapter 12, Sales and Use Tax Act; or (ii) is certified under Section 19-2-125, may obtain a refund of the tax if: (A) the tangible personal property or services meet the requirements for exemption provided in Subsections 19-2-123(2) and 59-12- 104(11); and (B) the person files a claim for the refund with the State Tax Commission within three years after the day on which the person pays the tax under Title 59, Chapter 12, Sales and Use Tax Act. (e) (i) If a person files a claim for a refund of taxes under Subsection (2)(d)(i) paid on a purchase of tangible personal property or services used in the construction of or incorporated into a pollution control facility that was not certified under Section 19-2-125 at the time of the purchase: (A) within 180 days after the day on which the board certifies the pollution control facility, interest shall accrue to the amount of the refund granted by the State Tax Commission: (I) at the rate prescribed in Section 59- 1-402; and (II) beginning on the day on which the person pays the tax under Title 59, Chapter 12, Sales and Use Tax Act, for which the person is claiming a refund; or (B) more than 180 days after the day on which the board certifies the pollution control facility, interest shall be added to the amount of the refund granted by the State Tax Commission: (I) at the rate prescribed in Section 59- 1-402; and (II) beginning 30 days after the day on which the person files the claim for a refund under Subsection (2)(d). (ii) If a person files a claim for a refund of taxes under Subsection (2)(d)(ii) paid on a purchase of tangible personal property or services used in the construction of or incorporated into a pollution control facility that was certified under Section 19-2-125 at the time of the purchase, interest shall accrue to the amount of the refund granted by the State Tax Commission:

(A) at the rate prescribed in Section 59- 1-402; and (B) beginning 30 days after the day on which the person files a claim for a refund under Subsection (2)(d). (3) (a) Each application shall be in a format prescribed by the board, contain a description of the facilities and materials incorporated in them, the machinery and equipment, the existing or proposed operational procedure, and a statement of the purpose of pollution prevention, control, or reduction served or to be served by the facility. (b) The board may require any further information it finds necessary before issuance of a certificate.

19-2-125. Action on application for certification. (1) (a) If the board, after consulting with the State Tax Commission, finds that a pollution control facility or a part of a pollution control facility, for which application is made

### under Section 19-2-124 was or is to be erected,

constructed, acquired, or installed on or after July 1, 1986, but on or before June 30, 2009, and is designed and is being operated or will operate primarily to prevent, control, or reduce air or water pollution, and that the applicant qualifies under Section 19-2-124, the board shall certify the facility. (b) If one or more facilities constitute an operational unit, the board may certify those facilities under one certificate. (2) (a) The board and the State Tax Commission shall act on an application under Section 19-2-124 before the 120th day after filing. (b) Failure of the board and the State Tax Commission to timely act constitutes automatic acceptance of the application and the board shall furnish a certificate to the applicant on demand.

19-2-126. Revocation of certification

-- Grounds

--Procedure. (1) (a) The board, after consulting with the State Tax Commission, may revoke the certification issued under Section 19-2-125 of any pollution control facility if it finds that the: (i) certification was obtained by fraud or gross misrepresentation; or (ii) holder of the certificate has failed substantially to operate the facility for the purpose of, and to the extent necessary to prevent, control, or reduce air or water pollution as specified in the certificate. (b) A shutdown of the facility due to force majeure, including obsolescence, is not cause to revoke certification of any facility. (2) (a) The board shall provide notice of the revocation by issuing a notice of agency action. (b) The holder of the certificate may obtain judicial review of the revocation. (c) The revocation is final and conclusive unless an appeal is taken. (d) If the revocation is affirmed on appeal, revocation is final on the date notice of revocation was received by the holder. (3) As soon as a revocation under this section is final, the board shall notify the State Tax Commission of the revocation. (4) (a) If the certification of a pollution control facility is revoked, all prior tax relief provided to the holder because of the certificate is forfeited. (b) The State Tax Commission shall collect taxes not paid by the holder because of the tax relief provided the holder to the extent permitted by the applicable statute of limitations.

19-2-127. Rules for administering certification for tax relief. In addition to the powers granted it, the board may formulate, amend, or cancel rules establishing procedures for processing and evaluating applications for certification, establishing procedures for the issuance and revocation of certificates, and all other matters pertaining to the board in administering certification for tax relief on pollution control facilities.

# Utah Administrative Rulemaking Act

Utah Code Title 63G, Chapter 3 (Feb 13, 2014)

63G-3- 101.Title.

........................................................................................................................................................1 63G-3- 102.Definitions.

..............................................................................................................................................1 63G-3-201.When rulemaking is required.

..................................................................................................................3 63G-3-202.Rules having the effect of law

.................................................................................................................4 63G-3-301.Rulemaking procedure

.............................................................................................................................4 63G-3-302.Public hearings

........................................................................................................................................6 63G-3-303.Changes in rules

.......................................................................................................................................7 63G-3-304.Emergency rulemaking procedure

...........................................................................................................7 63G-3-305.Agency review of rules

--Schedule of filings

--Limited exemption for certain rules

............................8 63G-3-401.Division of Administrative Rules created

--Appointment of director

.....................................................9 63G-3-402.Division of Administrative Rules

--Duties generally

.............................................................................9 63G-3-403.Repeal and reenactment of Utah Administrative Code

.......................................................................... 10 63G-3-501.Administrative Rules 

### ReviewCommittee

........................................................................................... 12 63G-3-502.Legislative reauthorization of agency rules

--Extension of rules by governor.

.................................... 13 63G-3-601.Interested parties

--Petition for agency action

...................................................................................... 14 63G-3-602.Judicial challenge to administrative rules

.............................................................................................. 14 63G-3-603.Time for contesting a rule

--Statute of limitations.

............................................................................... 16 63G-3-701.Utah Administrative Code as official compilation of rules

--Judicial notice.

....................................... 16 63G-3-702.Utah Administrative Code

--Organization

--Official compilation.

...................................................... 16



### ____________________________________________________________________________________________

63G-3-101



# . Title. This chapter is known as the "Utah Administrative Rulemaking Act."

Renumbered and Amended by Chapter 382, 2008 General Session

63G-3-102



# . Definitions. As used in this chapter: (1) "Administrative record" means information an agency relies upon when making a rule under this chapter including: (a) the proposed rule, change in the proposed rule, and the rule analysis form; (b) the public comment received and recorded by the agency during the public comment period; (c) the agency's response to the public comment; (d) the agency's analysis of the public comment; and (e) the agency's report of its decision-making process. (2) "Agency" means each state board, authority, commission, institution, department, division, officer, or other state government entity other than the Legislature, its committees, the political subdivisions of the state, or the courts, which is authorized or required by law to make

### rules, adjudicate, grant or withhold licenses, grant or withhold relief from legal obligations, or

perform other similar actions or duties delegated by law. (3) "Bulletin" means the Utah State Bulletin. (4) "Catchline" means a short summary of each section, part, rule, or title of the code that follows the section, part, rule, or title reference placed before the text of the rule and serves the same function as boldface in legislation as described in Section 68-3-13. (5) "Code" means the body of all effective rules as compiled and organized by the division and entitled "Utah Administrative Code." (6) "Director" means the director of the Division of Administrative Rules. (7) "Division" means the Division of Administrative Rules. (8) "Effective" means operative and enforceable. (9) (a) "File" means to submit a document to the division as prescribed by the division. (b) "Filing date" means the day and time the document is recorded as received by the division. (10) "Interested person" means any person affected by or interested in a proposed rule, amendment to an existing rule, or a nonsubstantive change made under Section 63G-3-402. (11) "Order" means an agency action that determines the legal rights, duties, privileges, immunities, or other interests of one or more specific persons, but not a class of persons. (12) "Person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency. (13) "Publication" or "publish" means making a rule available to the public by including the rule or a summary of the rule in the bulletin. (14) "Publication date" means the inscribed date of the bulletin. (15) "Register" may include an electronic database. (16) (a) "Rule" means an agency's written statement that: (i) is explicitly or implicitly required by state or federal statute or other applicable law; (ii) implements or interprets a state or federal legal mandate; and (iii) applies to a class of persons or another agency. (b) "Rule" includes the amendment or repeal of an existing rule. (c) "Rule" does not mean: (i) orders; (ii) an agency's written statement that applies only to internal management and that does not restrict the legal rights of a public class of persons or another agency; (iii) the governor's executive orders or proclamations; (iv) opinions issued by the attorney general's office; (v) declaratory rulings issued by the agency according to Section 63G-4-503 except as required by Section 63G-3-201; (vi) rulings by an agency in adjudicative proceedings, except as required by Subsection 63G-3-201(6); or (vii) an agency written statement that is in violation of any state or federal law. (17) "Rule analysis" means the format prescribed by the division to summarize and analyze rules. (18) "Small business" means a business employing fewer than 50 persons. (19) "Substantive change" means a change in a rule that affects the application or results of agency actions.

### Renumbered and Amended by Chapter 382, 2008 General Session

63G-3-201



# . When rulemaking is required. (1) Each agency shall: (a) maintain a current version of its rules; and (b) make it available to the public for inspection during its regular business hours. (2) In addition to other rulemaking required by law, each agency shall make rules when agency action: (a) authorizes, requires, or prohibits an action; (b) provides or prohibits a material benefit; (c) applies to a class of persons or another agency; and (d) is explicitly or implicitly authorized by statute. (3) Rulemaking is also required when an agency issues a written interpretation of a state or federal legal mandate. (4) Rulemaking is not required when: (a) agency action applies only to internal agency management, inmates or residents of a state correctional, diagnostic, or detention facility, persons under state legal custody, patients admitted to a state hospital, members of the state retirement system, or students enrolled in a state education institution; (b) a standardized agency manual applies only to internal fiscal or administrative details of governmental entities supervised under statute; (c) an agency issues policy or other statements that are advisory, informative, or descriptive, and do not conform to the requirements of Subsections (2) and (3); or (d) an agency makes nonsubstantive changes in a rule, except that the agency shall file all nonsubstantive changes in a rule with the division. (5) (a) A rule shall enumerate any penalty authorized by statute that may result from its violation, subject to Subsections (5)(b) and (c). (b) A violation of a rule may not be subject to the criminal penalty of a class C misdemeanor or greater offense, except as provided under Subsection (5)(c). (c) A violation of a rule may be subject to a class C or greater criminal penalty under Subsection (5)(a) when: (i) authorized by a specific state statute; (ii) a state law and programs under that law are established in order for the state to obtain or maintain primacy over a federal program; or (iii) state civil or criminal penalties established by state statute regarding the program are equivalent to or less than corresponding federal civil or criminal penalties. (6) Each agency shall enact rules incorporating the principles of law not already in its rules that are established by final adjudicative decisions within 120 days after the decision is announced in its cases. (7) (a) Each agency may enact a rule that incorporates by reference: (i) all or any part of another code, rule, or regulation that has been adopted by a federal agency, an agency or political subdivision of this state, an agency of another state, or by a nationally recognized organization or association; (ii) state agency implementation plans mandated by the federal government for participation in the federal program;

### (iii) lists, tables, illustrations, or similar materials that are subject to frequent change,

fully described in the rule, and are available for public inspection; or (iv) lists, tables, illustrations, or similar materials that the director determines are too expensive to reproduce in the administrative code. (b) Rules incorporating materials by reference shall: (i) be enacted according to the procedures outlined in this chapter; (ii) state that the referenced material is incorporated by reference; (iii) state the date, issue, or version of the material being incorporated; and (iv) define specifically what material is incorporated by reference and identify any agency deviations from it. (c) The agency shall identify any substantive changes in the material incorporated by reference by following the rulemaking procedures of this chapter. (d) The agency shall maintain a complete and current copy of the referenced material available for public review at the agency and at the division. (8) (a) This chapter is not intended to inhibit the exercise of agency discretion within the limits prescribed by statute or agency rule. (b) An agency may enact a rule creating a justified exception to a rule. (9) An agency may obtain assistance from the attorney general to ensure that its rules meet legal and constitutional requirements.

Amended by Chapter 347, 2009 General Session



# 63G

-3

-202. Rules having the effect of law

. (1) An agency's written statement is a rule if it conforms to the definition of a rule under Section 63G-3-102, but the written statement is not enforceable unless it is made as a rule in accordance with the requirements of this chapter. (2) An agency's written statement that is made as a rule in accordance with the requirements of this chapter is enforceable and has the effect of law.

Renumbered and Amended by Chapter 382, 2008 General Session



# 63G

-3

-301. Rulemaking procedure

. (1) An agency authorized to make rules is also authorized to amend or repeal those rules. (2) Except as provided in Sections 63G-3-303 and 63G-3-304, when making, amending, or repealing a rule agencies shall comply with: (a) the requirements of this section; (b) consistent procedures required by other statutes; (c) applicable federal mandates; and (d) rules made by the division to implement this chapter. (3) Subject to the requirements of this chapter, each agency shall develop and use flexible approaches in drafting rules that meet the needs of the agency and that involve persons affected by the agency's rules. (4) (a) Each agency shall file its proposed rule and rule analysis with the division. (b) Rule amendments shall be marked with new language underlined and deleted language struck out.

### (c) (i) The division shall publish the information required under Subsection (8) on the

rule analysis and the text of the proposed rule in the next issue of the bulletin. (ii) For rule amendments, only the section or subsection of the rule being amended need be printed. (iii) If the director determines that the rule is too long to publish, the director shall publish the rule analysis and shall publish the rule by reference to a copy on file with the division. (5) Prior to filing a rule with the division, the department head shall consider and comment on the fiscal impact a rule may have on businesses. (6) If the agency reasonably expects that a proposed rule will have a measurable negative fiscal impact on small businesses, the agency shall consider, as allowed by federal law, each of the following methods of reducing the impact of the rule on small businesses: (a) establishing less stringent compliance or reporting requirements for small businesses; (b) establishing less stringent schedules or deadlines for compliance or reporting requirements for small businesses; (c) consolidating or simplifying compliance or reporting requirements for small businesses; (d) establishing performance standards for small businesses to replace design or operational standards required in the proposed rule; and (e) exempting small businesses from all or any part of the requirements contained in the proposed rule. (7) If during the public comment period an agency receives comment that the proposed rule will cost small business more than one day's annual average gross receipts, and the agency had not previously performed the analysis in Subsection (6), the agency shall perform the analysis described in Subsection (6). (8) The rule analysis shall contain: (a) a summary of the rule or change; (b) the purpose of the rule or reason for the change; (c) the statutory authority or federal requirement for the rule; (d) the anticipated cost or savings to: (i) the state budget; (ii) local governments; (iii) small businesses; and (iv) persons other than small businesses, businesses, or local governmental entities; (e) the compliance cost for affected persons; (f) how interested persons may review the full text of the rule; (g) how interested persons may present their views on the rule; (h) the time and place of any scheduled public hearing; (i) the name and telephone number of an agency employee who may be contacted about the rule; (j) the name of the agency head or designee who authorized the rule; (k) the date on which the rule may become effective following the public comment period; and (l) comments by the department head on the fiscal impact the rule may have on businesses.

### (9) (a) For a rule being repealed and reenacted, the rule analysis shall contain a

summary that generally includes the following: (i) a summary of substantive provisions in the repealed rule which are eliminated from the enacted rule; and (ii) a summary of new substantive provisions appearing only in the enacted rule. (b) The summary required under this Subsection (9) is to aid in review and may not be used to contest any rule on the ground of noncompliance with the procedural requirements of this chapter. (10) A copy of the rule analysis shall be mailed to all persons who have made timely request of the agency for advance notice of its rulemaking proceedings and to any other person who, by statutory or federal mandate or in the judgment of the agency, should also receive notice. (11) (a) Following the publication date, the agency shall allow at least 30 days for public comment on the rule. (b) The agency shall review and evaluate all public comments submitted in writing within the time period under Subsection (11)(a) or presented at public hearings conducted by the agency within the time period under Subsection (11)(a). (12) (a) Except as provided in Sections 63G-3-303 and 63G-3-304, a proposed rule becomes effective on any date specified by the agency that is no fewer than seven calendar days after the close of the public comment period under Subsection (11), nor more than 120 days after the publication date. (b) The agency shall provide notice of the rule's effective date to the division in the form required by the division. (c) The notice of effective date may not provide for an effective date prior to the date it is received by the division. (d) The division shall publish notice of the effective date of the rule in the next issue of the bulletin. (e) A proposed rule lapses if a notice of effective date or a change to a proposed rule is not filed with the division within 120 days of publication. (13) (a) As used in this Subsection (13), "initiate rulemaking proceedings" means the filing, for the purposes of publication in accordance with Subsection (4), of an agency's proposed rule that is required by state statute. (b) A state agency shall initiate rulemaking proceedings no later than 180 days after the effective date of the statutory provision that specifically requires the rulemaking, except under Subsection (13)(c). (c) When a statute is enacted that requires agency rulemaking and the affected agency already has rules in place that meet the statutory requirement, the agency shall submit the rules to the Administrative Rules Review Committee for review within 60 days after the statute requiring the rulemaking takes effect. (d) If a state agency does not initiate rulemaking proceedings in accordance with the time requirements in Subsection (13)(b), the state agency shall appear before the legislative Administrative Rules Review Committee and provide the reasons for the delay.

Amended by Chapter 93, 2009 General Session



# 63G

-3

-302. Public hearings

.

### (1) Each agency may hold a public hearing on a proposed rule, amendment to a rule, or

repeal of a rule during the public comment period. (2) Each agency shall hold a public hearing on a proposed rule, amendment to a rule, or repeal of a rule if: (a) a public hearing is required by state or federal mandate; (b) (i) another state agency, 10 interested persons, or an interested association having not fewer than 10 members request a public hearing; and (ii) the agency receives the request in writing not more than 15 days after the publication date of the proposed rule. (3) The agency shall hold the hearing: (a) before the rule becomes effective; and (b) no less than seven days nor more than 30 days after receipt of the request for hearing.

Renumbered and Amended by Chapter 382, 2008 General Session



# 63G

-3

-303. Changes in rules

. (1) (a) To change a proposed rule already published in the bulletin, an agency shall file with the division: (i) the text of the changed rule; and (ii) a rule analysis containing a description of the change and the information required by Section 63G-3-301. (b) A change to a proposed rule may not be filed more than 120 days after publication of the rule being changed. (c) The division shall publish the rule analysis for the changed rule in the bulletin. (d) The changed proposed rule and its associated proposed rule will become effective on a date specified by the agency, not less than 30 days or more than 120 days after publication of the last change in proposed rule. (e) A changed proposed rule and its associated proposed rule lapse if a notice of effective date or another change to a proposed rule is not filed with the division within 120 days of publication of the last change in proposed rule. (2) If the rule change is nonsubstantive: (a) the agency need not comply with the requirements of Subsection (1); and (b) the agency shall notify the division of the change in writing. (3) If the rule is effective, the agency shall amend the rule according to the procedures specified in Section 63G-3-301.

Renumbered and Amended by Chapter 382, 2008 General Session



# 63G

-3

-304. Emergency rulemaking procedure

. (1) All agencies shall comply with the rulemaking procedures of Section 63G-3-301 unless an agency finds that these procedures would: (a) cause an imminent peril to the public health, safety, or welfare; (b) cause an imminent budget reduction because of budget restraints or federal requirements; or (c) place the agency in violation of federal or state law.

### (2) (a) When finding that its rule is excepted from regular rulemaking procedures by this

section, the agency shall file with the division: (i) the text of the rule; and (ii) a rule analysis that includes the specific reasons and justifications for its findings. (b) The division shall publish the rule in the bulletin as provided in Subsection 63G-3-301(4). (c) The agency shall notify interested persons as provided in Subsection 63G-3-301(10). (d) The rule becomes effective for a period not exceeding 120 days on the date of filing or any later date designated in the rule. (3) If the agency intends the rule to be effective beyond 120 days, the agency shall also comply with the procedures of Section 63G-3-301.

Amended by Chapter 300, 2008 General Session Renumbered and Amended by Chapter 382, 2008 General Session



# 63G

-3

-305. Agency review of rules

-- Schedule of filings

-- Limited exemption for certain rules

. (1) Each agency shall review each of its rules within five years of the rule's original effective date or within five years of the filing of the last five-year review, whichever is later. Rules effective prior to 1992 need not be reviewed until 1997. (2) An agency may consider any substantial review of a rule to be a five-year review. If the agency chooses to consider a review a five-year review, it shall follow the procedures outlined in Subsection (3). (3) At the conclusion of its review, the agency shall file a notice of review on or before the anniversary date indicating its intent to continue, amend, or repeal the rule. (a) If the agency continues the rule, it shall file a statement which includes: (i) a concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule; (ii) a summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule; and (iii) a reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any. (b) If the agency repeals the rule, it shall comply with Section 63G-3-301. (c) If the agency amends and continues the rule, it shall comply with the requirements of Section 63G-3-301 and file the statement required in Subsection (3)(a). (4) (a) The division shall publish the notice and statement in the bulletin. (b) The division may schedule the publication of agency notices and statements, provided that no notice and statement shall be published more than one year after the review deadline established under Subsection (1). (5) The division shall notify an agency of rules due for review at least 180 days prior to the anniversary date. (6) If an agency finds that it will not meet the deadline established in Subsection (1): (a) the agency may file an extension prior to the anniversary date with the division indicating the reason for the extension; and (b) the division shall publish notice of the extension in the next issue of the bulletin. (7) An extension permits the agency to file a notice no more than 120 days after the

### anniversary date.

(8) If an agency fails to file a notice of review or extension on or before the date specified in the notice mandated in Subsection (5), the division shall: (a) publish a notice in the next issue of the bulletin that the rule has expired and is no longer enforceable; (b) remove the rule from the code; and (c) notify the agency that the rule has expired. (9) After a rule expires, an agency must comply with the requirements of Section 63G-3-301 to reenact the rule.

Amended by Chapter 384, 2012 General Session



# 63G

-3

-401. Division of Administrative Rules created

-- Appointment of director

. (1) There is created within the Department of Administrative Services the Division of Administrative Rules, to be administered by a director. (2) The director of administrative rules shall be appointed by the executive director with the approval of the governor.

Renumbered and Amended by Chapter 382, 2008 General Session



# 63G

-3

-402. Division of Administrative Rules

-- Duties generally

. (1) The Division of Administrative Rules shall: (a) establish all filing, publication, and hearing procedures necessary to make rules under this chapter; (b) record in a register the receipt of all agency rules, rule analysis forms, and notices of effective dates; (c) make the register, copies of all proposed rules, and rulemaking documents available for public inspection; (d) publish all proposed rules, rule analyses, notices of effective dates, and review notices in the bulletin at least monthly, except that the division may publish the complete text of any proposed rule that the director determines is too long to print or too expensive to publish by reference to the text maintained by the division; (e) compile, format, number, and index all effective rules in an administrative code, and periodically publish that code and supplements or revisions to it; (f) publish a digest of all rules and notices contained in the most recent bulletin; (g) publish at least annually an index of all changes to the administrative code and the effective date of each change; (h) print, or contract to print, all rulemaking publications the division determines necessary to implement this chapter; (i) distribute without charge the bulletin and administrative code to state-designated repositories, the Administrative Rules Review Committee, the Office of Legislative Research and General Counsel, and the two houses of the Legislature; (j) distribute without charge the digest and index to state legislators, agencies, political

### subdivisions on request, and the Office of Legislative Research and General Counsel;

(k) distribute, at prices covering publication costs, all paper rulemaking publications to all other requesting persons and agencies; (l) provide agencies assistance in rulemaking; (m) if the Department of Administrative Services operates the division as an internal service fund agency in accordance with Section 63A-1-109.5, submit to the Rate Committee established in Section 63A-1-114: (i) the proposed rate and fee schedule as required by Section 63A-1-114; and (ii) other information or analysis requested by the Rate Committee; and (n) administer this chapter and require state agencies to comply with filing, publication, and hearing procedures. (2) The division may after notifying the agency make nonsubstantive changes to rules filed with the division or published in the bulletin or code by: (a) implementing a uniform system of formatting, punctuation, capitalization, organization, numbering, and wording; (b) correcting obvious errors and inconsistencies in punctuation, capitalization, numbering, referencing, and wording; (c) changing a catchline to more accurately reflect the substance of each section, part, rule, or title; (d) updating or correcting annotations associated with a section, part, rule, or title; and (e) merging or determining priority of any amendment, enactment, or repeal to the same rule or section made effective by an agency. (3) In addition, the division may make the following nonsubstantive changes with the concurrence of the agency: (a) eliminate duplication within rules; (b) eliminate obsolete and redundant words; and (c) correcting defective or inconsistent section and paragraph structure in arrangement of the subject matter of rules. (4) For nonsubstantive changes made in accordance with Subsection (2) or (3) after publication of the rule in the bulletin, the division shall publish a list of nonsubstantive changes in the bulletin. For each nonsubstantive change, the list shall include: (a) the affected code citation; (b) a brief description of the change; and (c) the date the change was made. (5) All funds appropriated or collected for publishing the division's publications shall be nonlapsing.

Amended by Chapter 341, 2010 General Session



# 63G

-3

-403. Repeal and reenactment of Utah Administrative Code

. (1) When the director determines that the Utah Administrative Code requires extensive revision and reorganization, the division may repeal the code and reenact a new code according to the requirements of this section. (2) The division may: (a) reorganize, reformat, and renumber the code;

### (b) require each agency to review its rules and make any organizational or substantive

changes according to the requirements of Section 63G-3-303; and (c) require each agency to prepare a brief summary of all substantive changes made by the agency. (3) The division may make nonsubstantive changes in the code by: (a) adopting a uniform system of punctuation, capitalization, numbering, and wording; (b) eliminating duplication; (c) correcting defective or inconsistent section and paragraph structure in arrangement of the subject matter of rules; (d) eliminating all obsolete or redundant words; (e) correcting obvious errors and inconsistencies in punctuation, capitalization, numbering, referencing, and wording; (f) changing a catchline to more accurately reflect the substance of each section, part, rule, or title; (g) updating or correcting annotations associated with a section, part, rule, or title; and (h) merging or determining priority of any amendment, enactment, or repeal to the same rule or section made effective by an agency. (4) (a) To inform the public about the proposed code reenactment, the division shall publish in the bulletin: (i) notice of the code reenactment; (ii) the date, time, and place of a public hearing where members of the public may comment on the proposed reenactment of the code; (iii) locations where the proposed reenactment of the code may be reviewed; and (iv) agency summaries of substantive changes in the reenacted code. (b) To inform the public about substantive changes in agency rules contained in the proposed reenactment, each agency shall: (i) make the text of their reenacted rules available: (A) for public review during regular business hours; and (B) in an electronic version; and (ii) comply with the requirements of Subsection 63G-3-301(10). (5) The division shall hold a public hearing on the proposed code reenactment no fewer than 30 days nor more than 45 days after the publication required by Subsection (4)(a). (6) The division shall distribute complete text of the proposed code reenactment without charge to: (a) state-designated repositories in Utah; (b) the Administrative Rules Review Committee; and (c) the Office of Legislative Research and General Counsel. (7) The former code is repealed and the reenacted code is effective at noon on a date designated by the division that is not fewer than 45 days nor more than 90 days after the publication date required by this section. (8) Repeal and reenactment of the code meets the requirements of Section 63G-3-305 for a review of all agency rules.

Amended by Chapter 300, 2008 General Session Renumbered and Amended by Chapter 382, 2008 General Session

# 63G

-3

-501. Administrative Rules Review Committee

.

(1) (a) There is created an Administrative Rules Review Committee of 10 permanent members and four ex officio members. (b) (i) The committee's permanent members shall be composed of five members of the Senate, appointed by the president of the Senate, and five members of the House, appointed by the speaker of the House, with no more than three senators and three representatives from the same political party. (ii) The permanent members shall convene at least once each month as a committee to review new agency rules, amendments to existing agency rules, and repeals of existing agency rules. Meetings may be suspended at the discretion of the committee chairs. (iii) Members shall serve for two-year terms or until their successors are appointed. (iv) A vacancy exists whenever a committee member ceases to be a member of the Legislature, or when a member resigns from the committee. Vacancies shall be filled by the appointing authority, and the replacement shall serve out the unexpired term. (c) When the committee reviews existing rules, the committee's permanent members shall invite the Senate and House chairmen of the standing committee and the Senate and House chairmen of the appropriation subcommittee that have jurisdiction over the agency whose existing rules are being reviewed to participate as nonvoting, ex officio members with the committee. (d) Three representatives and three senators from the permanent members are a quorum for the transaction of business at any meeting. (2) Each agency rule as defined in Section 63G-3-102 shall be submitted to the committee at the same time public notice is given under Section 63G-3-301. (3) (a) The committee shall exercise continuous oversight of the process of rulemaking. (b) The committee shall examine rules submitted by each agency to determine: (i) whether or not they are authorized by statute; (ii) whether or not they comply with legislative intent; (iii) their impact on the economy and the government operations of the state and local political subdivisions; and (iv) their impact on affected persons. (c) To carry out these duties, the committee may examine any other issues that it considers necessary. The committee may also notify and refer rules to the chairmen of the interim committee which has jurisdiction over a particular agency when the committee determines that an issue involved in an agency's rules may be more appropriately addressed by that committee. (d) In reviewing the rules, the committee shall follow generally accepted principles of statutory construction. (4) The committee may request that the Office of the Legislative Fiscal Analyst prepare a fiscal note on any rule. (5) In order to accomplish its oversight functions, the committee has all the powers granted to legislative interim committees as set forth in Section 36-12-11. (6) (a) The committee may prepare written findings of its review of each rule and may include any recommendations, including legislative action. (b) The committee shall provide to the agency that enacted the rule: (i) its findings, if any; and (ii) a request that the agency notify the committee of any changes it makes in the rule.

### (c) The committee shall provide its findings to any member of the Legislature and to

any person affected by the rule who requests the findings. (d) The committee shall provide its findings to the presiding officers of both the House and the Senate, Senate and House chairs of the standing committee, and the Senate and House chairs of the Appropriation Subcommittee that have jurisdiction over the agency whose rules are the subject of the findings. (7) (a) The committee may submit a report on its review of state agency rules to each member of the Legislature at each regular session. (b) The report shall include: (i) the findings and recommendations made by the committee under Subsection (6); (ii) any action taken by an agency in response to committee recommendations; and (iii) any recommendations by the committee for legislation.

Renumbered and Amended by Chapter 382, 2008 General Session

63G-3-502



# . Legislative reauthorization of agency rules

--Extension of rules by governor. (1) All grants of rulemaking power from the Legislature to a state agency in any statute are made subject to the provisions of this section. (2) (a) Except as provided in Subsection (2)(b), every agency rule that is in effect on February 28 of any calendar year expires on May 1 of that year unless it has been reauthorized by the Legislature. (b) Notwithstanding the provisions of Subsection (2)(a), an agency's rules do not expire if: (i) the rule is explicitly mandated by a federal law or regulation; or (ii) a provision of Utah's constitution vests the agency with specific constitutional authority to regulate. (3) (a) The Administrative Rules Review Committee shall have omnibus legislation prepared for consideration by the Legislature during its annual general session. (b) The omnibus legislation shall be substantially in the following form: "All rules of Utah state agencies are reauthorized except for the following:". (c) Before sending the legislation to the governor for the governor's action, the Administrative Rules Review Committee may send a letter to the governor and to the agency explaining specifically why the committee believes any rule should not be reauthorized. (d) For the purpose of this section, the entire rule, a single section, or any complete paragraph of a rule may be excepted for reauthorization in the omnibus legislation considered by the Legislature. (4) The Legislature's reauthorization of a rule by legislation does not constitute legislative approval of the rule, nor is it admissible in any proceeding as evidence of legislative intent. (5) (a) If an agency believes that a rule that has not been reauthorized by the Legislature or that will be allowed to expire should continue in full force and effect and is a rule within their authorized rulemaking power, the agency may seek the governor's declaration extending the rule beyond the expiration date. (b) In seeking the extension, the agency shall submit a petition to the governor that

### affirmatively states:

(i) that the rule is necessary; and (ii) a citation to the source of its authority to make the rule. (c) (i) If the governor finds that the necessity does exist, and that the agency has the authority to make the rule, the governor may declare the rule to be extended by publishing that declaration in the Administrative Rules Bulletin on or before April 15 of that year. (ii) The declaration shall set forth the rule to be extended, the reasons the extension is necessary, and a citation to the source of the agency's authority to make the rule. (d) If the omnibus bill required by Subsection (3) fails to pass both houses of the Legislature or is found to have a technical legal defect preventing reauthorization of administrative rules intended to be reauthorized by the Legislature, the governor may declare all rules to be extended by publishing a single declaration in the Administrative Rules Bulletin on or before June 15 without meeting requirements of Subsections (5)(b) and (c).

Renumbered and Amended by Chapter 382, 2008 General Session



# 63G

-3

-601. Interested parties

-- Petition for agency action

. (1) As used in this section, "initiate rulemaking proceedings" means the filing, for the purposes of publication in accordance with Subsection 63G-3-301(4), of an agency's proposed rule to implement a petition for the making, amendment, or repeal of a rule as provided in this section. (2) An interested person may petition an agency to request the making, amendment, or repeal of a rule. (3) The division shall prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition. (4) A statement shall accompany the proposed rule, or proposed amendment or repeal of a rule, demonstrating that the proposed action is within the jurisdiction of the agency and appropriate to the powers of the agency. (5) Within 60 days after submission of a petition, the agency shall either deny the petition in writing, stating its reasons for the denial, or initiate rulemaking proceedings. (6) (a) If the petition is submitted to a board that has been granted rulemaking authority by the Legislature, the board shall, within 45 days of the submission of the petition, place the petition on its agenda for review. (b) Within 80 days of the submission of the petition, the board shall either: (i) deny the petition in writing stating its reasons for denial; or (ii) initiate rulemaking proceedings. (7) If the agency or board has not provided the petitioner written notice that the agency has denied the petition or initiated rulemaking proceedings within the time limitations specified in Subsection (5) or (6) respectively, the petitioner may seek a writ of mandamus in state district
court.

Renumbered and Amended by Chapter 382, 2008 General Session



# 63G

-3

-602. Judicial challenge to administrative rules

.

### (1) (a) Any person aggrieved by a rule may obtain judicial review of the rule by filing a

complaint with the county clerk in the district court where the person resides or in the district court in Salt Lake County. (b) Any person aggrieved by an agency's failure to comply with Section 63G-3-201 may obtain judicial review of the agency's failure to comply by filing a complaint with the clerk of the district court where the person resides or in the district court in Salt Lake County. (2) (a) Except as provided in Subsection (2)(b), a person seeking judicial review under this section shall exhaust that person's administrative remedies by complying with the requirements of Section 63G-3-601 before filing the complaint. (b) When seeking judicial review of a rule, the person need not exhaust that person's administrative remedies if: (i) less than six months has passed since the date that the rule became effective and the person had submitted verbal or written comments on the rule to the agency during the public comment period; (ii) a statute granting rulemaking authority expressly exempts rules made under authority of that statute from compliance with Section 63G-3-601; or (iii) compliance with Section 63G-3-601 would cause the person irreparable harm. (3) (a) In addition to the information required by the Utah Rules of Civil Procedure, a complaint filed under this section shall contain: (i) the name and mailing address of the plaintiff; (ii) the name and mailing address of the defendant agency; (iii) the name and mailing address of any other party joined in the action as a defendant; (iv) the text of the rule or proposed rule, if any; (v) an allegation that the person filing the complaint has either exhausted the administrative remedies by complying with Section 63G-3-601 or met the requirements for waiver of exhaustion of administrative remedies established by Subsection (2)(b); (vi) the relief sought; and (vii) factual and legal allegations supporting the relief sought. (b) (i) The plaintiff shall serve a summons and a copy of the complaint as required by the Utah Rules of Civil Procedure. (ii) The defendants shall file a responsive pleading as required by the Utah Rules of Civil Procedures. (iii) The agency shall file the administrative record of the rule, if any, with its responsive pleading. (4) The district court may grant relief to the petitioner by: (a) declaring the rule invalid, if the court finds that: (i) the rule violates constitutional or statutory law or the agency does not have legal authority to make the rule; (ii) the rule is not supported by substantial evidence when viewed in light of the whole administrative record; or (iii) the agency did not follow proper rulemaking procedure; (b) declaring the rule nonapplicable to the petitioner; (c) remanding the matter to the agency for compliance with proper rulemaking procedures or further fact-finding; (d) ordering the agency to comply with Section 63G-3-201; (e) issuing a judicial stay or injunction to enjoin the agency from illegal action or action

### that would cause irreparable harm to the petitioner; or

(f) any combination of Subsections (4)(a) through (e). (5) If the plaintiff meets the requirements of Subsection (2)(b), the district court may review and act on a complaint under this section whether or not the plaintiff has requested the agency review under Section 63G-3-601.

Renumbered and Amended by Chapter 382, 2008 General Session

63G-3-603



# . Time for contesting a rule

--Statute of limitations. (1) A proceeding to contest any rule on the ground of noncompliance with the procedural requirements of this chapter shall commence within two years of the effective date of the rule. (2) A proceeding to contest any rule on the ground of not being supported by substantial evidence when viewed in light of the whole administrative record shall commence within four years of the effective date of the challenged action. (3) A proceeding to contest any rule on the basis that a change to the rule made under Subsection 63G-3-402(2) or (3) substantively changed the rule shall be commenced within two years of the date the change was made.

Renumbered and Amended by Chapter 382, 2008 General Session

63G-3-701



# . Utah Administrative Code as official compilation of rules

-- Judicial notice. The code shall be received by all the judges, public officers, commissions, and departments of the state government as evidence of the administrative law of the state of Utah and as an authorized compilation of the administrative law of Utah. All courts shall take judicial notice of the code and its provisions.

Renumbered and Amended by Chapter 382, 2008 General Session

63G-3-702



# . Utah Administrative Code

--Organization

--Official compilation. (1) The Utah Administrative Code shall be divided into three parts: (a) titles, whose number shall begin with "R"; (b) rules; and (c) sections. (2) All sections contained in the code are referenced by a three-part number indicating its location in the code. (3) The division shall maintain the official compilation of the code and is the state-designated repository for administrative rules. If a dispute arises in which there is more than one version of a rule, the latest effective version on file with the division is considered the correct, current version.

### Renumbered and Amended by Chapter 382, 2008 General Session

### ADMINISTRATIVE SERVICES

February 13, 2014 Utah Administrative Code (UAC) - 1 - R15. Administrative Services, Administrative Rules. R15 -1. Administrative Rule Hearings. R15 -1- 1. Authority. (1) This rule establishes procedures and standards for administrative rule hearings as required by Subsection 63G-3- 402(1)(a). (2) The procedures of this rule constitute the minimum requirements for mandatory administrative rule hearings. Additional procedures may be required to comply with any other governing statute, federal law, or federal regulation

.
R15 -1-2. Definitions. (1) Terms used in this rule are defined in Section 63G-3- 102. (2) In addition: (a) "hearing" means an administrative rule hearing;

and (b) "officer" means an administrative rule hearing officer

.
R15 -1-3. Purpose. (1) The purpose of this rule is to provide: (a) procedures for agency hearings on proposed administrative rules or rules changes, or on the need for a rule or change; (b) opportunity for public comment on rules; and (c) opportunity for agency response to public concerns about rules

.
R15 -1-4. When Agencies Hold Hearings. (1) Agencies shall hold hearings as required by Subsection 63G-3- 302(2). (2) Agencies may hold hearings: (a) during the public comment period on a proposed rule, after its publication in the bulletin and prior to its effective date; (b) before initiating rulemaking procedures under Title 63G, Chapter 3, to promote public input prior to a rule's publication; (c) during a regular or extraordinary meetingof a state board, council, or commission, in order to avoid separate and additional meetings; or (d) to hear any public petition for a rule change as provided by Section 63G-3- 601. (3) Voluntary hearings, as described in this section, follow the procedures prescribed by this rule or any other procedures the agency may provide by rule. (4) Mandatory hearings, as described in this section, follow the procedures prescribed by this rule and any additional requirements of state or federal law. (5) If an agency holds a mandatory hearing under the procedures of this rule during the public comment period described in Subsection 63G-3- 301(6), no second hearing is required for the purpose of comment on the same rule or change considered at the first hearing

.
R15-1-5. Hearing Procedures. ( 1) Notice. (a) An agency shall provide notice of a hearing by: (i) publishing the hearing date, time, place, and subject in the bulletin; (ii) mailing copies of

### ADMINISTRATIVE SERVICES

February 13, 2014 Utah Administrative Code (UAC) - 2 - the notice directly to persons who have petitioned for a hearing or rule changes under Section 63G-3-302 or 63G-3- 601, respectively; and (iii) posting for at least 24 hours in a place in the agency's offices which is frequented by the public. (b) If a rules hearing becomes mandatory after the agency has published the proposed rule in the bulletin, the agency shall notify in writing persons requesting the hearing of the time and place. (c) An agency may provide additional notice of a hearing, and shall give further notice as may otherwise be required by law. (2) Hearing Officer. (a) The agency head shall appoint as hearing officer a person qualified to conduct fairly the hearing. (b) No restrictions apply to this appointment except the officer shall know rulemaking procedure. (c) However, if a state board, council, or commission is responsible for agency rulemaking, and holds a hearing, a member or the body's designee may be the hearing officer. (3) Time. The officer shall open the hearing at the announced time and place and permit comment for a minimum of one hour. The hearing may be extended or continued to another day as necessary in the judgment of the officer. (4) Comment. (a) At the opening of the hearing, the officer shall explain the subject and purpose of the hearing and invite orderly, germane comment from all persons in attendance. The officer may set time limits for speakers and shall ensure equitable use of time. (b) The agency shall have a representative at the hearing, other than the officer, who is familiar with the rule at issue and who can respond to requests for information by those in attendance. (c) The officer shall invite written comment to be submitted at the hearing or after the hearing, within a reasonable time. Written comment shall be attached to the hearing minutes. (d) The officer shall conduct the hearing as an open, informal, orderly, and informative meeting. Oaths,

cross
-examination, and rules of evidence are not required. (5) The Hearing Record. (a) The officer shall cause to be recorded the name, address, and relevant affiliation of all persons speaking at the hearing, and cause an electronic or mechanical verbatim recording of the hearing to be made, or make a brief summary, of their remarks. (b) The hearing record consist s of a copy of the proposed rule or rule change, submitted written comment, the hearing recording or summary, the list of persons speaking at the hearing, and other pertinent documents as determined by the agency. (c) The hearing officer shall, as soon as practicable, assemble the hearing record and transmit it to the agency for consideration. (d) The hearing record shall be kept with and as part

### ADMINISTRATIVE SERVICES

February 13, 2014 Utah Administrative Code (UAC) - 3 - of the rule's administrative record in a file available at the agency offices for public inspection.

R15 -1-8. Decision on an Issue Regarding Rulemaking Procedure. (1) When a hearing issue requires a decision regarding rulemaking procedure, the officer shall submit a written request for a decision to the director as soon as practicable after, or after recessing, the hearing, as provided in Section R15 -5- 6. The director shall reply to the agency head as provided in Subsection R15 -5-6(2). The director's decision shall be included in the hearing record.

R15 -1-9. Appeal and Judicial Review. (1) Persons may appeal the decision of the agency head or the division by petitioning the district court for judicial review as provided by law

. KEY: administrative law, government hearings Date of Enactment or Last Substantive Amendment: June 1, 1996 Notice of Continuation: September 21, 2010 Authorizing, and Implemented or Interpreted Law: 63G-3- 402

R15. Administrative Services, Administrative Rules. R15 -2. Public Petitioning for Rulemaking. R15 -2- 1. Authority. As required by Subsection 63G-3- 601(3), this rule prescribes the form and procedures for submission, consideration, and disposition of petitions requesting the making, amendment, or repeal of an administrative rule.

R15 -2-2. Definitions. (1) Terms used in this rule are defined in Section 63G-3- 102. (2) Other terms are defined as follows: (a) "rule change" means: (i) making a new rule; (ii ) amending, repealing, or repealing and reenacting an existing rule; (iii) amending a proposed rule further by filing a change in proposed rule under the provisions of Section 63G-3- 303; (iv) allowing a proposed (new, amended, repealed, or repealed and reenacted) rule or change in proposed rule to lapse; or (v) any combination of the above. (b) "petitioner" means an interested person who submits a petition to an agency pursuant to Section 63G-3- 601 and this rule.

R15 -2-3. Petition Procedure. (1) The petitioner shall send the petition to the head of the agency authorized by law to make the rule change requested. (2) The agency receiving the petition shall record the date it received the petition.

R15 -2- 4. Petition Form. The petition shall : (a) be clearly designated "petition for a rule change"; (b) state the petitioner's name; (c) state the

### ADMINISTRATIVE SERVICES

February 13, 2014 Utah Administrative Code (UAC) - 4 - petitioner's interest in the rule, including relevant affiliation, if any; (d) include a statementas required by Subsection 63G3-601(4) regarding the requested rule change; (e) state the approximate wording of the requested rule change; (f) describe the reason for the rule change; (g) include an address, an E-mail address when available, and telephone where the petitioner can be reached during regular business hours; and (h) be signed by the petitioner.

R15 -2-5. Petition Consideration And Disposition. (1) The agency head or designee shall: (a) review and consider the petition; (b) write a response to the petition stating: (i) that the petition is denied and reasons for denial,

or (ii) the date when the agency is initiating a rule change consistent with the intent of the petition; and (c) send the response to the petitioner within the timeframe provided by Section 63G3- 601. (2) The petitioned agency may, within the timeframe provided by Section 63G3-601, interview the petitioner, hold a public hearing on the petition, or take any action the agency, in its judgment, deems necessary to provide the petition due consideration. (3) The agency shall retain the petition and a copy of the agency's response as part of the administrative record. (4) The agency shall mail copies of its decision to all persons who petitioned for a rule change.
KEY: administrative law, open government, transparency Date of Enactment or Last Substantive Amendment: December 25, 2006 Notice of Continuation: September 21, 2010 Authorizing, and Implemented or Interpreted Law: 63G-3- 601

R15. Administrative Services, Administrative Rules. R15 -3. Definitional Clarification of Administrative Rule. R15 -3-1. Authority, Purpose, and Definitions. (1) This rule is authorized under Subsection 63G-3-402(1) which requires the division to administer the Utah Administrative Rulemaking Act, Title 63G, Chapter 3. (2) This rule clarifies when rulemaking is required, and requirements for incorporation by reference within rules. (3) Terms used in this rule are defined in Section 63G-3- 102.

R15 -3-2. Agency Discretion. (1) A rule may restrict agency discretion to prevent agency personnel from exceeding their scope of employment, or committing arbitrary action or application of standards, or to provide due process for persons affected by agency actions. (2) A rule may authorize

### ADMINISTRATIVE SERVICES

February 13, 2014 Utah Administrative Code (UAC) - 5 - agency discretion that sets limits, standards, and scope of employment within which a range of actions may be applied by agency personnel. A rule may also establish criteria for granting exceptions to the standards or procedures o f the rule when, in the judgment of authorized personnel, documented circumstances warrant. (3) An agency may have written policies which broadly prescribe goals and guidelines. Policies are not rules unless they meet the criteria for rules set forth under Section 63G-3- 201(2). (4) Within the limits prescribed by Sections 63G-3- 201 and 63G-3-602, an agency has full discretion regarding the substantive content of its rules. The division has authority over nonsubstantive content under Subsections 63G

3-402(2) and (3), and 63G-3- 403(2) and (3), rulemaking procedures, and the physical format of rules for compilation in the Utah Administrative Code.

R15 -3-3. Use of Incorporation by Reference in Rules. (1) An agency incorporating materials by reference a s permitted under Subsection 63G-3-201(7) shall comply with the following standards: (a) The rule shall state specifically that the cited material is "incorporated by reference." (b) If the material contains options, or is modified in its application, the options selected and modifications made shall be stated in the rule. (c) If the incorporated material is substantively changed at a later time, and the agency intends to enforce the revised material, the agency shall amend its rule through rulemaking procedures to incorporate by reference any applicable changes as soon as practicable. (d) In accordance with Subsection 63G-3- 201(7)(c), an agency shall describe substantive changes that appear in the materials incorporated by reference as part of the "summary of rule or change" in the rule analysis. (2) An agency shall comply with copyright requirements when it provides the division a copy of material incorporated by reference.

R15 -3-4. Computer-Prohibited Material. (1) All rules shall be in a format that permits their compatibility with the division's computer system and compilation into the Utah Administrative Code. (2) Rules may not contain maps, charts, graphs, diagrams , illustrations, forms, or similar material. (3) The division shall issue and provide to agencies instructions and standards for formatting rules.

R15 -3-5. Statutory Provisions that Require Rulemaking Pursuant to Subsection 63G-3- 301(13). For the purposes of Subsection 63G-3- 301(13), the phrase "statutory provision that requires the rulemaking" means a state statutory

### ADMINISTRATIVE SERVICES

February 13, 2014 Utah Administrative Code (UAC) - 6 - provision that explicitly mandates rulemaking.

KEY: administrative law Date of Enactment or Last Substantive Amendment: April 30, 2007 Notice of Continuation: September 21, 2010 Authorizing, and Implemented or Interpreted Law: 63G-3- 201; 63G-3-301; 63G-3- 402

R15. Administrative Services, Administrative Rules. R15 -4. Administrative Rulemaking Procedures. R15 -4-1. Authority and Purpose. (1) This rule establishes procedures for filing and publication of agency rules under Sections 63G-3-301, 63G-3-303, and 63G3- 304 , as authorized under Subsection 63G-3- 402(1). (2) The procedures of this rule constitute minimum requirements for rule filing and publication. Other governing statutes, federal laws, or federal regulations may require additional rule filing and publication procedures.

R15 -4-2. Definitions. (1) Terms used in this rule are defined in Section 63G-3- 102. (2) Other terms are defined as follows: (a) "Anniversary date" means the date that is five years from the original effective date of the rule, or the date that is five years from the date the agency filed with the division the most recent five-year review required under Subsection 63G

3- 305(3), whichever is sooner. (b) "Digest" means the Utah State Digest that summarizes the content of the bulletinas required by Subsection 63G-3- 402(1)(f); (c) "Codify" means the process of collecting and arranging administrative rules systematically in the Utah Administrative Code, and includes the process of verifying that each amendment was marked as required under Subsection 63G-3- 301(2)(b); (d) "Compliance cost" means expenditures a regulated person will incur if a rule or change is made effective; (e) "Cost" means the aggregated expenses persons as a class affected by a rule will incur if a rule or change is made effective; (f) "eRules" means the Division's administrative rule filing application that agencies use to file rules and notices; (g) "Savings" means: (i) an aggregated monetary amount that will no longer be incurred by persons as a class if a rule or change is made effective; (ii) an aggregated monetary amount that will be refunded or rebated if a rule or change is made effective; (iii) an aggregated monetary amount of anticipated revenues to be generated for state budgets, local governments, or both if a rule or change is made effective;

or (iv) any combination of these aggregated monetary amounts. (h) "Unmarked change" means a change made to rule text that was not marked as

### ADMINISTRATIVE SERVICES

February 13, 2014 Utah Administrative Code (UAC) - 7 - required by Subsection 63G-3- 301(2)(b).

R15 -4-3. Publication Dates and Deadlines. (1) For the purposes of Subsections 63G-3-301(2) and 63G-3- 303(1), an agency shall file its rule and rule analysis by 11:59:59 p.m. on the fifteenth day of the month for publication in the bulletin and digest issued on the first of the next month, and by 11:59:59 p.m. on the first day of the month for publication on the fifteenth of the same month. (a) If the first or fifteenth day is a Saturday, or a Tuesday, Wednesday, Thursday, or Friday holiday, the agency shall file the rule and rule analysis by 11:59:59 p.m. on the previous regular business day. (b) If the first or fifteenth day is a Sunday or Monday holiday, the agency shall file the rule and rule analysis by 11:59:59 p.m. on the next regular business day. (2) For all purposes, the official date of publication for the bulletin and digest shall be the first and fifteenth days of each month.

R15 -4-4. Thirty-day Comment Period for a Proposed Rule and a Change in Proposed Rule. (1) For the purposes of Sections 63G-3-301 and 63G-3- 303, "30 days" shall be computed by: (a) counting the day after publication of the rule as the first day; and (b) counting the thirtieth consecutive day after the day of publication as the thirtieth day, unless (c) the thirtieth consecutive day is a Saturday, Sunday, or holiday, in which event the thirtieth day is the next regular business day.

R15 -4-5a. Notice of the Effective Date for a Proposed R ule. (1)(a) Pursuant to Subsection 63G-3- 301(9), upon expiration of the comment period designated on the rule analysis and filed with the rule, and before expiration of 120 days after publication of a proposed rule, the agency proposing the rule shall

notify the division of the date the rule is to become effective and enforceable. (b) The agency shall notify the division after determining that the proposed rule, in the form published, shall be the final form of the rule, and after informing the divisionof any nonsubstantive changes in the rule as provided for in Section R15 -4- 6. (2)(a) The agency shall notify the division by filing with the division a Notice of Effective Date form using eRules. (b) If the eRules Notice of Effective Date form is unavailable to the agency, the agency may notify the division by any other form of written communication clearly identifying the proposed rule, stating the date the rule was filed with the division or published in the bulletin, and stating its effective date. (3) The date designated as the effective date shall be: (a) at least seven days

### ADMINISTRATIVE SERVICES

February 13, 2014 Utah Administrative Code (UAC) - 8 - after the comment period specified on the rule analysis; or (b) if the agency formally extends the comment period for a proposed rule by publishing a subsequent notice inan issue of the bulletin, at least seven days after the extended comment period. (4) The division shall publish notice of the effective date in the next issue of the bulletin. There is no publication deadline for a notice of effective date for a proposed rule, nor requirement that it be published prior to the effective date.

R15 -4-5b. Notice of the Effective Date for a Change in Proposed Rule. (1)(a) Upon expiration of the 30-day period required by Section 63G-3-303, and before expiration of the 120th day after publication of a change in proposed rule, the agency promulgating the rule shall notify the division of the date the rule is to become effective and enforceable. (b) The agency shall notify the division after determining that the rule text as published is the final form of the rule, and after informing the division of any nonsubstantive changes in the rule as provided for in Section R15 -4- 6. (2)(a) The agency shall notify the division by filing with the division a Notice of Effective Date form using eRules. (b) If the eRules Notice of Effective Date form is unavailable to the agency, the agency may notify the division by any other form of written communication clearly identifying the change in proposed rule and any rules upon which the change in proposed rule is dependent, stating the date the rules were filed with the division or published in the bulletin, and stating the effective date. (3) The date designated as the effective date shall be: (a) at least 30 days after the publication date of the rule in the bulletin, or (b) if the agency designated a comment period, at least seven days after a comment period designated by the agency on the rule analysis or formally extended by publication of a subsequent notice in the bulletin. (4) The division shall publish notice of the effective date in the next issue of the bulletin. There is no publication deadline for the notice of effective date for a change in proposed rule, nor requirement that it be published prior to the effective date.

R15 -4-6. Nonsubstantive Changes in Rules. (1) Pursuant to Subsections 63G-3- 201(4)(d) and 63G-3- 303(2), for the purpose of making rule changes that are grammatical or do not materially affect the application or outcome of agency procedures and standards, agencies shall comply with the procedures of this section. (2) The agency proposing a change shall determine if the change is substantive or

### ADMINISTRATIVE SERVICES

February 13, 2014 Utah Administrative Code (UAC) - 9 - nonsubstantive according to the criteria cited in Subsection R15 -4- 6(1). (a) The agency may seek the advice of the Attorney General or the division, but the agency is responsible for compliance with the cited criteria. (3) Without complying with regular rulemaking procedures, an agency may make nonsubstantive changes in: (a) proposed rules already published in the bulletin and digest but not made effective, or (b) rules already effective. (4) To make a nonsubstantive change in a rule, the agency shall: (a) notify the division by filing with the division the form designated for nonsubstantive changes; (b) include with the notice the rule text to be changed, with changes marked as required by Section R15-4- 9; and (c) include with the notice the name of the agency head or designee authorizing the change. (5) A nonsubstantive change becomes effective on the date the division makes the change in the Utah Administrative Code. (6) The division shall record the nonsubstantive change and its effective date in the administrative rules register.

R15 -4-7. Substantive Changes in Proposed Rules. (1) Pursuant to Section 63G-3-303, agencies shall comply with the procedures of this section when making a substantive change in a proposed rule. (a) The pro cedures of this section apply if: (i) the agency determines a change in the rule is necessary; (ii) the change is substantive under the criteria of Subsection 63G-3- 102(19); (iii) the rule was published as a proposal in the bulletin and digest; and (iv) the rule has not been made effective under the procedures of Subsection 63G

3- 303(1)(d) and Section R15 -4- 5. (b) If the rule is already effective, the agency shall comply with regular rulemaking procedures. (2) To make a substantive change in a proposed rule, the agency shall file with the division: (a) a rule analysis, marked to indicate the agency intends to change a rule already published, and describing the change and reasons for it; and (b) a copy of the proposed rule previously publishedin the bulletin marked to show only those changes made since the proposed rule was previously published as described in Section R15 -4- 9. (3) The division shall publish the rule analysis in the next issue of the bulletin, subject to the publication deadl ines of Section R15 -4-3. The division may also publish the changed text of the rule. (4) The agency may make a change in proposed rule effective by following the requirements of Section R15 -4-

### ADMINISTRATIVE SERVICES

February 13, 2014 Utah Administrative Code (UAC) - 10 - 5, or may further amend the rule by following the procedures of Sections R15-4- 6 or R15 -4- 7.

R15 -4-8. Temporary 120-day Rules. (1) Pursuant to Section 63G-3-304, for the purpose of filing a temporary rule, an agency shall comply with the procedures of this section. (2) The agency proposing a temporary rule shall determine if the need for the rule complies with the criteria of Subsection 63G-3- 304(1). (a) The division interprets the criteria of Subsection 63G-3-304(1) to include under "welfare" any substantial material loss to the classes of persons or agencie s the agency is mandated to regulate, serve, or protect. (3) The agency shall use the same procedures for filing and publishing a temporary rule as for a permanent rule, except: (a) the rule shall become effective and enforceable on the day and hour it is recorded by the division unless the agency designates a later effective date on the rule analysis; (b) no comment period is necessary; (c) no public hearing is necessary; and (d) the rule shall expire 120 days after the rule's effective date unle ss the filing agency notifies the division, on the form or by memorandum, of an earlier expiration date. (4) A temporary rule is separate and distinct from a rule filed under regular rulemaking procedures, though the language of the two rules may be identical. To make a temporary rule permanent, the agency shall propose a separate rule for regular rulemaking. (5) When a temporary rule and a similar regular rule are in effect at the same time, any conflict between the provisions of the two are resolved in favor of the rule with the most recent effective date, unless the agency designates otherwise as part of the rule analysis. (6) A temporary rule has the full force and effect of a permanent rule while in effect, but a temporary rule is not codified in the Utah Administrative Code.

R15 -4-9. Underscoring and Striking Out. (1) (a) Pursuant to Subsection 63G-3- 301(2)(b), an agency shall underscore language to be added and strike out language to be deleted in proposed rules. (b) Consistent with Subsection 63G-3- 301(2)(b), an agency shall underscore language to be added and strike out language to be deleted in changes in proposed rules, 120-day rules, and nonsubstantive changes. (c) Consistent with legislative bill drafting technique, the struck out l anguage shall be surrounded by brackets. (2) When an agency proposes to make a new rule or section, the entire proposed text shall be underscored. (3)(a) When an agency proposes to repeal a complete

### ADMINISTRATIVE SERVICES

February 13, 2014 Utah Administrative Code (UAC) - 11 - rule it shall include as part of the information provided in the rule analysis a brief summary of the deleted language and a brief explanation of why the rule is being repealed. (b) The agency shall include with the rule analysis a copy of the text to be deleted in one of the following formats: (i) each page annotated "repealed in its entirety" or (ii) the entire text struck out in its entirety and surrounded by one set of brackets. (c) The division shall not publish repealed rules unless space is available within the page limits of the bulletin. (4) When an agency fails to mark a change as described in this section, the director or his designee may refuse to codify the change. When determining whether or not to codify an unmarked change, the director shall consider: (a) whether the unmarked change is substantive or nonsubstantive; and (b) if the purpose of public notification has been adequately served. (5) The director's refusal to codifyan unmarked change means that the change is not operative for the purposes of Section 63G-3- 701 and that the agency must comply with regular rulemaking procedures to make the change.

R15 -4-10. Estimates of Anticipated Cost or Savings, and Compliance Cost. (1) Pursuant to Subsections 63G-3- 301(3), 63G

3- 303(1), 63G-3- 304(2), and 53C-1- 201(3), when an agency files a proposed rule, change in proposed rule, 120-day (emergency) rule, or expedited rule and provides anticipated cost or savings, and compliancecost information in the rule analysis, the agency shall: (a) estimate the incremental cost or savings and incremental compliance cost associated with the changes proposed by the rule or change; (b) estimate the incremental cost or savings and incremental compliance cost in dollars, except as otherwise provided in Subsections R15 -4-10(4) and (5); (c) indicate that the amount is either a cost or a savings; and (d) estimate the incremental cost or savings expected to accrue to "state budgets," "local governments," "small businesses," and "persons other than small businesses, businesses, or local governmental entities" as aggregated cost or savings; (2) In addition, an agency may: (a) provide a narrative description of anticipated cost or savings, and compliance cost; (b) compare anticipated cost or savings, and compliance cost figures, for the rule or change to: (i) current budgeted costs associated with the existing rule, (ii) figures reported on a fiscal note attached to a related legislative bill, or (iii) both (i) and (ii). (3) If an agency chooses

### ADMINISTRATIVE SERVICES

February 13, 2014 Utah Administrative Code (UAC) - 12 - to provide comparison figures, it shall clearly distinguish comparison figures from the anticipated cost or savings, and compliance cost figures. (4) If dollar estimates are unknown or not available, or the obtaining thereof would impose a substantial unbudgeted hardship on the agency, the agency may substitute a reasoned narrative description of cost

related actions required by the rule or change, and explain the reason or reasons for the substitution. (5) If no cost, savings, or compliance cost is associated with the rule or change, an agency may enter "none," "no impact," or similar words in the rule analysis followed by a written explanation of how the agency estimated that there would be no impact, or how the proposed rule, or changes made to an existing rule does not apply to "state budgets," "local government," "small businesses," "persons other than small businesses, businesses, or local governmental entities," or any combination of these. (6) If an agency does not provide an estimate of cost, savings, compliance cost, or a reasoned narrative description of cost information; or a written explanation as part of the rule analysis in compliance with this section, the Division may, afte r making an attempt to obtain the required information, refuse to register and publish the rule or change. If the Division refuses to register and publish a rule or change, it shall: (a) return the rule or change to the agency with a notice indicating that the Division has refused to register and publish the rule or change; (b) identify the reason or reasons why the Division refused to register and publish the rule or change; and (c) indicate the filing deadlines for the next issue of the Bulletin.

KEY: administrative law Date of Enactment or Last Substantive Amendment: August 24, 2007 Notice of Continuation: September 21, 2010 Authorizing, and Implemented or Interpreted Law: 63G-3- 301; 63G-3-303; 63G-3-304; 63G-3- 402

R15. Administrative Services, Administrative Rules. R15 -5. Administrative Rules Adjudicative Proceedings. R15 -5- 1. Purpose. (1) This rule provides the procedures for informal adjudicative proceedings governing: (a) appeal and review of a decision by the division not to publish an agency's proposed rule or rule change or not to register an agency's notice of effective date; and (b) a determination by the division whether an agency rule meets the procedural requirements of Title 63G, Chapter 3, the Utah Administrative Rulemaking Act. (2) The informal procedures of this rule apply to all other division actions for which an adjudicative

### ADMINISTRATIVE SERVICES

February 13, 2014 Utah Administrative Code (UAC) - 13 - proceeding may be required.

R15 -5-2. Authority. This rule is required by Sections 63G-4-202 and 63G-4- 203, and is enacted under the authority of Subsection 63G-3- 402(1)(m) and Sections 63G-4- 202, 63G-4- 203, and 63G-4- 503.

R15 -5-3. Definitions. (1) The terms used in this rule are defined in Section 63G-4- 103. (2) In addition, "digest" means the Utah State Digest which summarizes the content of the bulletin as required under Subsection 63G

3- 402(1)(f).

R15 -5-4. Refusal to Publish or Register a Rule or Rule Change. (1) The division shall not publish a proposed rule or rule change when the division determines the agency has not met the requirements of Title 63G, Chapter 3, or of Rules R15

- 3 or R15

- 4. (2) The division shall not register an agency's notice of effective date, nor codify the rule or rule change in the Utah Administrative Code, if the agency exceeds the 120-day limit required by Subsection 63G-3- 301(6)(a) as interpreted in Section R15 -4- 5. (3) The division shall notify the agency of a refusal to publish or register a rule or rule change, and shall advise and assist the agency in correcting any error or omission, and in re -filing to meet statutory and regulatory criteria.

R15 -5-5. Appeal of a Refusal to Publish or Register a Rule or Rule Change. (1) An agency may request a review of a division refusal to publish or register a rule or rule change by filing a written petition for review with the division director. (2) The division director shall grant or deny the petition within 20 days, and respond in writing giving the reasons for any denial. (3) The agency may appeal the decision of the division director by filing a written appeal to the Executive Director of the Department of Administrative Services within 20 days of receipt of the division director's decision. The Executive Director shall respond within 20 days affirming or reversing the division director's decision.

R15 -5-6. Determining the Procedural Validity of a Rule. (1) A person may contest the procedural validity, or request a determination of whether a rule meets the requirements of Title 63G, Chapter 3, by filing a written petition with the division. (a) The rule at issue may be a proposed rule or an effective rule. (b) The petition must be received by the division within the two-year limit set by Section 63G-3- 603. (c) The petition may emanate from a rulemaking hearing as in Section R15 -1- 8. (d) The petition shall specify the rule or rule change at issue and reasons why the petitioner deems it procedurally flawed or

### ADMINISTRATIVE SERVICES

February 13, 2014 Utah Administrative Code (UAC) - 14 - invalid. (e) The petition shall be accompanied by any documents the division should consider in reaching its decision. (f) The petition shall be signed and designate a telephone number where the petitioner can be contacted during regular business hours. (2) The division shall respond to the petition in writing within 20 days of its receipt. (a) The division shall research all records pertaining to the rule or rule change at issue. (b) The response of the division shall state whether the rule is procedurally valid or invalid and how the agency may remedy any defect. (c) The division shall send a copy of the petition and its response to the pertinent agency. (3) The petitioner may request reconsideration of the division's findings by filing a written request for reconsideration with the division director. (a) The director may respond to the request in writing. (b) If the petitioner receives no response within 20 days, the request is denied.

R15 -5-7. Remedies Resulting from an Adjudicative Proceeding. (1) A rule the division determines is procedurally invalid shall be stricken from the Utah Administrative Code and notice of its deletion published in the next issues of the bulletin and digest. (2) The division shall notify the pertinent agencyand assist the agency in refiling or otherwise remedying the procedural omission or error in the rule. (3) A rule the division determines is procedurally valid shall be published and registered promptly.

KEY: administrative procedures, administrative law Date of Enactment or Last Substantive Amendment: June 1, 1996 Notice of Continuation: September 22, 2010 Authorizing, and Implemented or Interpreted Law: 63G-3- 402; 63G-4-202; 63G-4-203; 63G-4-503

# Proposed Rule

### R307

- 335 July 3
, 2013 Page 1 of 5

1 

### R307. Environmental Quality, Air Quality. 

### 2 R307-335. Degreasing and Solvent Cleaning Operations. 3 

### R307-335-1. Purpose

. 

### 4 The purpose of this rule is to limit volatile organic compound 5 (VOC) emission from degreasing and solvent cleaning operations

. 6 7 

### R307-335-2. Applicability. 

### 8 R307-335 applies to all degreasing or solvent cleaning operations 9 that use VOCs and that are located in PMlO and PM2.5 nonattainment 10 and maintenance plan areas as defined in 40 CFR 81.345 (July 1
, 2011). 11 12 R307-335-3. Definitions

. 

### 13 The following additional definitions apply to R307-335: 14 " Batch open top vapor degreasing " means the batch process of 15 cleaning and removing grease and soils from metal surfaces by 16 condensing hot solvent vapor on the colder metal parts. 17 "Cold cleaning" means the batch process of cleaning and removing 18 soils from metal surfaces by spraying, brushing, flushing or immersing 19 while maintaining the solvent below its boiling point

. 20 "Conveyorized degreasing " means the continuous process of 21 cleaning and removing greases and soils from metal surfaces by using 22 either cold or vaporized solvents

. 23 "Department of Defense military technical data" means a 24 specification that specifies design requirements
, such as materials 25 to be used, how a requirement is to be achieved, or how an item is 26 to be fabricated or constructed

. 27 " Freeboard ratio" means the freeboard height (distance between 28 solvent line and top of container) divided by the width of the 2 9 degreaser. 30 "I ndustrial solvent cleaning " means operations performed using 31 a liquid that contains any VOC
, or combination of VOCs, which is used 32 to clean parts, tools
, machinery
, equipment and work areas

. Cleaning 33 operations include
, but are not limited to, spraying
, wiping
, 34 flushing
, and purging. 35 " Open top vapor degreaser " means the batch process of cleaning 36 and removing soils from metal surfaces by condensing low solvent vapor 37 on the colder metal parts

. 38 " Separation operation " means any process that separates a mixture 39 of compounds and solvents into two or more components. Specific 40 mechanisms include extraction
, centrifugation
, filtration
, and 41 crystallization

. 42 " Solvent metal cleaning " means the process of cleaning soils 43 from metal surfaces by cold cleaning
, open top vapor degreasers, or 44 conveyorized degreasing

. 45 4 6 

### R307-335-4. Cold Cleaning Facilities. 

### 4 7 No owner or operator shall operate a degreasing or solvent 48 cleaning operation unless conditions in R307-335-4(1) through (7) 49 are met

. 50 ( 1) A cover shall be installed which shall remain closed except 51 during actual loading, unloading or handling of parts in cleaner

. 52 The cover shall be designed so that it can be easily operated with

p -1

### R307-335 July 3, 2013 Page 2 of 5

1 one hand if: 2 (a) The volatility of the solvent is greater than 2 kPa (15 3 mm Hg or 0

. 3 psi) measured at 38 degrees C (100 degrees F), 4 (b) The solvent is agitated, or 5 (c) The solvent is heated

. 6 (2) An internal draining rack for cleaned parts shall be 7 installed on which parts shall be drained until all dripping ceases

. 8 If the volatility of the solvent is greater than 4

. 3 kPa (32 mm Hg 9 at 38 degrees C ( 100 degrees F) )
, the drainage facility must be 10 internal, so that parts are enclosed under the cover while draining. 11 The drainage facility may be external for applications where an 12 internal type cannot fit into the cleaning system

. 13 (3) Waste or used solvent shall be stored in covered containers

. 14 (4) Tanks
, containers and all associated equipment shall be 15 maintained in good operating condition
, and leaks shall be repaired 16 immediately or the degreaser shall be shutdown

. 17 (5) Written procedures for the operation and maintenance of 18 the degreasing or solvent cleaning equipment shall be permanently 19 posted in an accessible and conspicuous location near the equipment

. 20 (6) If the solvent volatility is greater than 4.3 kPa (33 mm 21 Hg or 0

. 6 psi) measured at 38 degrees C ( 100 degrees F)
, or if solvent 22 is heated above 50 degrees C ( 120 degrees F)
, then one of the following 23 control devices shall be used : 24 (a) Freeboard that gives a freeboard ratio greater than 0

. 7 ; 25 (b) Water cover if the solvent is insoluble in and heavier than 26 water) ; or 27 (c) Other systems of equivalent

.control, such as a refrigerated 28 chiller or carbon adsorption

. 29 (7) If used
, the solvent spray shall be a solid fluid stream 30 at a pressure that does not cause excessive splashing and may not 31 be a fine
, atomized or shower type spray. · 32 33 R307-335-5. Open Top Vapor Degreasers. 

### 34 Owners or operators of ope n top vapor degreasers shall
, in 35 addition to meeting the requirements of R307-335-4(3), (4) and (5)
, 36 (1) Equip the vapor degreaser with a cover that can be opened 37 and closed without disturbing the vapor zone

. The cover shall be 38 closed except when processing work loads through the degreaser; 39 (2) Install one of the following control devices : 40 (a) Equipment necessary to sustain : 41 (i) A freeboard ratio greater than or equal to 0

. 75
, and 42 (ii) A powered cover if the degreaser opening is greater than 43 1 square meter (10

. 8 square feet)
, 44 (b) Refrigerated chiller
, 45 (c) Enclosed design (cover or door opens only when the dry part 46 is actually entering or exiting the degreaser)
, 47 (d) Carbon adsorption system , with ventilation greater than 48 or equal to 15 cubic meters per minute per square meter (50 cubic 4 9 feet per minute per square foot) of air/vapor area when cover is open 50 and exhausting less than 25 parts per million of solvent averaged 51 over one complete adsorption· cycle ; 52 (3) Minimize solvent carryout by :

P-2

### R307-335 July 3
, 2013 Page 3 of 5

1 (a) Racking parts to allow complete drainage, 2 (b) Moving parts in and out of the degreaser at less than 3

. 3 3 meters per minute (11 feet per minute), 4 (c) Holding the parts in the vapor zone at least 30 seconds 5 or until condensation ceases, 6 (d) Tipping out any pool of solvent on the cleaned parts before 7 removal, and 8 (e) Allowing the parts to dry within the degreaser for at least 9 15 seconds or until visibly dry

. 10 (4) Spray parts only in or below the vapor level; 11 (5) Not use ventilation fans near the degreaser opening
, nor 12 provide exhaust ventilation exceeding 20 cubic meters per minute per 13 square meter (65 cubic feet per minute per square foot) in degreaser 14 open area , unless necessary to meet state and federal occupational
, 15 health
, and safety requirements. 16 (6) Not degrease porous or absorbent materials, such as cloth, 17 leather
, wood or rope ; 18 (7) Not allow work loads to occupy more than half of the 19 degreaser ' s open top area; 20 (8) Ensure that solvent is not visually detectable in water 21 exiting the water separator; 22 (9) Install safety switches on the following: 23 (a) Condenser flow switch and thermostat (shuts off sump heat 24 if condenser coolant is either not circulating or too warm); and 25 (b) Spray switch (shuts off spray pump if the vapor level drops 26 excessively
, i

. e., greater than 10 em (4 inches)

. 27 (10) Open top vapor degreasers with an open area smaller than 28 one square meter (10

. 8 square feet) are exempt from R307

- 335 -5(2) (b) 29 and (d)

. 30 31 R307-335-6. Conveyorized Degreasers. 

### 32 Owners and operators of conveyorized degreasers shall
, in 33 addition to meeting the requirements of R307-335-4 (3)
, (4) and (5) 34 and R307

- 335

- 5(5) : 35 ( 1) Install one of the following control devices for conveyorized

. 36 degreasers with an air/vapor interface equal to or greater than two 37 square meters (21

. 5 square feet): 38 (a) Refrigerated chiller ; or 39 (b) Carbon adsorption system, with ventilation greater than 40 or equal to 15 cubic meters per minute per square meter (50 cubic 41 feet per minute per square foot) of air/vapor area when downtime covers 42 are open, and exhausting less than 25 parts per million of solvent, 43 by volume
, averaged over a complete adsorption cycle. 44 (2) Equip the cleaner with equipment
, such as a drying tunnel 45 or rotating (tumbling) basket
, sufficient to prevent cleaned parts 46 from carrying out solvent liquid or vapor

. 47 (3) Provide downtime covers for closing off the entrance and 48 exit during shutdown hours. Ensure that down-time cover is placed 49 over entrances and exits of conveyorized degreasers immediately after 50 the conveyor and exhaust are shut down and is removed just before 51 they are started up

. 52 (4) Minimize carryout emissions by racking parts for best

P-3

### R307-335 July 3
, 2013 Page 4 of 5

1 drainage and maintaining the vertical conveyor speed at less than 2 3.3 meters per minute (11 feet per minute)

. 3 (5) Minimize openings: Entrances and exits should silhouette 4 work loads so that the average clearance (between parts and the edge 5 of the degreaser opening) is either less than 10 cm

. (4 inches) or 6 less than 10 % of the width of the opening. 7 (6) Install safety switches on the following : 8 (a) Condenser flow switch and thermostat

- shuts off sump heat 9 if coolant is either not circulating or too warm; 10 (b) Spray switch

- shuts off spray pump or conveyor if the vapor 11 level drops excessively
, i.e
., greater than 10 em or (4 inches); and 12 (c) Vapor level control thermostat

- shuts off sump level if 13 vapor level rises too high

. 14 (7) Ensure that solvent is

. not visibly detectable in the water 15 exiting the water separator. 16 17 R307-335-7. Industrial Solvent Cleaning. 

### 18 (1) Exemptions

. The requirements of R307-335

- 7 do not apply 19 to aerospace , wood furniture
, shipbuilding and repair
, flat wood 2 0 paneling
, large appliance
, metal furniture
, paper film and foil
, 21 plastic parts , miscellaneous metal parts coatings and light autobody 22 and truck assembly coatings
, flexible packaging
, lithographic and 23 letterpress printing materials
, [ttficl-]fiberglass boat manufacturing 24 materials
, electrical and elect-ronic components , and operations that 25 are exclusively covered by Department of Defense military technical 26 data and performed on site at installations owned and/or operated 27 by the United States Armed Forces

. 28 (2) Operators of industrial solvent cleaning that emit 15 pounds 29 of VOCs or more per day from industrial solvent cleaning operations
, 30 [before contro ls, ] shall reduce VOC emissions from the usc, handling
, 31 storage , and disposal of cleaning solvents and shop towels by 32 implementing the following work practices : 33 (a) Covering open containers ; and 34 (b) Storing used applicators and shop towels in closed fire 35 proof containers

. 36 (3) Owners or operators of industrial solvent cleaning 37 operations shall limit VOC emissions by either: 38 (a) Using cleaning solutions with vapor pressure less than or 39 equal to eight millimeters of mercury (mm Hg) at 20 degrees C; 40 (b) Using solvents with a VOC content of 0

. 42 pounds per gallon 41 or less; or 42 (c) Installing an emission control system designed to have an 43 overall control efficiency of at least 85%

. 44 45 R307-335-8. Emission Control Systems. 

### 46 ( 1 ) The ow ner or operator of a control device shall maintain 47 certification from the manufacturer that the emission control system 48 will attain at l east 85% overall efficiency performance and make the 49 certification available to the director upon request

. 50 (2) Emission control systems shall be operated and maintained 51 in accordance with the manufacturer recommendations to maintain at 52 least 85% overa ll efficiency performance

. The owner or operator shall

P-4

### 1 

### 2 

### 3 4 

### 5 

### 6 7 

### 8 

### 9 10 11 

### 12 13 14 15 16 17 18 

### 1 9 20 21 22 23 2 4 R307-335 July 3
, 2013 Page 5 of 5

maintain for a minimum of two years records of operating and maintenance sufficient to demonstrate that the equipment is being

operated and maintained in accordance with the manufacturer recommendations

.


### R307-335-9. Recordkeeping

. The owner or operator shall maintain
, for a minimum of two years , re co rds of the solvent VOC content applied and the physical

c haracteristics that demonstrate compliance with R307

- 335.



### R307-335-10. Compliance Schedule. ( 1) All sources ['dithin Salt Lalee and Davis counties] defined in R307-335-2 shall be in compliance with R3 07

- 3 3 5[ 3 through R307 335 6 and R307 335 8 upon the effective date

. (2) All other sources defined in R307 335 2 shall be in compliance ..vith all sections of this rule by September**1~** 

### 2013]____Qy September 1, 2013.



### KEY : air pollution, degreasing, solvent cleaning Date of Enactment or Last Substantive Amendment: [January 1, ]2013 Notice of Continuation: February 1, 2012 Authorizing, and Implemented or Interpreted Law: 19-2-104(1) (a)

P-5DAR F ile No

. 37832

ution, fugitive emissions, mining, tailings Date of Enactm r Last Substantive Amendment: [Jttly--1;-**~]l!!U** Notice ofContinuation: March 4, Authorizing, and Implemented or Interpre 2-104; 19-2-109



### Environmental Quality, Air Quality 

## R307-335 Degreasing and Solvent Cleaning Operations

NOTICE OF PROPOSED RULE

. (Amendment) DAR FILE NO.: 37829

FILED : 07/10/2013

RULE ANALYSIS · PURPOSE OF THE RULE OR REASON FOR THE CHANGE : Amendments to this rule were last adopted by the Ai r Quality Board in November 2012. Since that time, several regulated facilities have notified the Division of Air Quality (DAQ) that they are having difficulties implementing the requirements of Section R307-335-7

. Based on these comments
, DAQ staff have determined that the rule should be amended

.
SUMMARY OF THE RULE OR CHANGE: Subsection R307- 335-7(1) is amended by adding exemptions for electrical and electronic components and for operations that are exclusively covered by Department of Defense military technical data and performed on site at installations owned or operated by the United States Armed Forces

. Language is added to Subsection R307-335-7(2) to clarify the 15-pound/day rule applicability is from the cleaning process

. The compliance schedule of the rule is changed to the effective date of this rulemaking

.
STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS RULE : Subsection 19-2-104(1)(a)

ANTICIPATED COST OR SAVINGS TO : +THE STATE BUDGET : There are no new requirements for the state ; therefore, there are no anticipated costs or savings to the state budget.

+ LOCAL GOVERNMENTS : There are no new requirements for local government; therefore

, there are no anticipated costs
or savings to local government. +SMALL BUSINESSES : There are no new requirements for small businesses; therefore

, there are no anticipated costs or savings

. + PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES

, OR LOCAL GOVERNMENTAL ENTITIES : There are no new requirements for persons other than small

UTAHST ATE BULL E17N

, August 01
, 2013
, Vol. 2013
, No

. 15 NOTICES OF PROPOSED RU LES

bus inesses , businesses

, or local government entities ; therefore

, there are no costs or savings

.
COMPLIANCE COSTS FOR AFFECTED PERSONS : The re
are no added compliance costs added to this rule

. In fact, this rulemaking will mitigate potential compliance costs for affected persons, as it adds two new exemptions to the rule

.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE HULE MAY HAVE ON BUSINESSES : Th is rulemaking will m itigate the compl iance costs for some bus inesses as it adds two new exemptions to the rule

.

THE FULL TEXT OF THIS RULE MAY BE INSPECTED

, DURING REGULAR BUSINESS HOURS

, AT: ENVIRONMENTAL QUALITY AIR QUALITY FOURTH FLOOR 195 N 1950W SALT LAKE CITY, UT 84116-3085
or at the Division ofAdministrative Rules

.
DIRECT QUESTIONS REGARDING THIS RULE TO : + Mark Berger by phone at 801-536-4000
, by

. FAX at 801

- 536-0085, or by Internet E-mail at mberger@utah

.gov

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5 :00 PM ON 09/03/2013

THIS RULE MAY BECOME EFFECTIVE ON : 10/03/2013

AUTHORIZED BY: Bryce Bird

, Director

R307. Environmental Quality,Air Quality. R307-335. Degreasing and Solvent Cleaning Operations.

. R307-335-3. Definitions. The following additional definitions a pply to R307-3 35:

"Batch open top vapor degreasing" means the ba tc

h process

of cleaning and removing grease and soils from metal surfaces by condensing hot solvent vapor on the colder metal parts.

"Cold clea1ing" means the batch process of cleaning and removing soils from metal surfaces by spraying. brushing. flushing or immersing while maintaining the solvent below its boiling point

"Conveyorized degreasing" means the continuous process of cleaning and removing greases and soils from metal surf aces by using either cold or vaporized solvents

.

''Department of Defense military technical data" m eans a sw;ification that sw;ifies desi&n reQlJirements such 

### as materials to be

used. how a reQIJirement is to be achleved or bow an item is to be fabri cated or constructed

,
''Freeboard ratio " means the freeboard height (distance between solvent line and top of container)divided by the width of the degreaser

. ·

"Industrial solvent cleaning" means operations performed using a liquid that contains any VOC
, or combina tion ofVOCs, which is used to clean parts, tools
, machinery
, equi pment and work areas

.

23

P -6' i

. r

NOTICES OF PROPOSED RULES

Cleaning operations include, but are not limited to, spraying, wiping, flushing, and pw-gi.ng

. "Open top vapor degreaser" means the batch process of cleaning and removing soils from metal surfaces by condensing low solvent vapor on the colder metal
,parts.

"Separation operation" means any process that separates a mixture of compounds and solvents into two or more components

. Specific mechanisms include extraction,**cen~fugation,** filtration, and crystallization. "Solvent metal cleaning" means the process ofcleaning soils from metal surfaces by cold cleaning, open top vapor degreasers
, or conveyorized degreasing.

R307-335-7. Industrial Solvent Cleaning. (I) Exemptions

. The requirements of R307-335-7 do not apply to aerospace, wood furniture, shipbuilding and repair, flat wood paneling, large appliance
, metal furniture, paper fihn and foil
, plastic parts, miscellaneous metal parts**coat~** and light autobody and truck assembly coatings, flexible packaging, lithographic and letterpress printing materials. [llftd-)fiberglass boat manufacturing**materials~** electrical and electronic components and o.perations that are exclusively covered by Dl;partroent ofDefense miljtazy technical data and perfonned on site at installations owned and/or operated bv the United States Armed Forces

. (2) Operators of industrial solvent cleaning that emit 15 pounds of VOCs or more per day from industrial solyent**cleanin~:** o.perations
, [befure eofflf61s
, ]shall reduce VOC emissioos from the
use, handling, storage, and disposal of cleaning solvents and shop towels by implementing the following work practices : (a

) Covering open containers; and (b) Storing used applicators and shop to\Vels in closed fire proofcontainers

. (3) Owners or operators of industrial solvent cleaning operations shall limit VOC emissions by either: (a) Using cleaning solutions with vapor pressure less than or equal to eight millimeters ofmercury (nun Hg) at 20 degrees C; (b) Using solvents with a VOC content of0.42 pounds per gallon or less ; or (c) Installing an emission control system designed to have

an overall control efficiency ofat least 85%.

R307-335-10. Compliance Schedule. ( 1) All sources [**.~!hift** Salt Lake l!l'ld Dth'is eetlffiies]defined in R307-335-2 shall 

### be in compliance with R307- 335[ 3 tllretigh R397 335 6 l!l'ld R397 335 8 ttpeft !fte eH'eeti, e dille

. (2) AH ether selfl'ees defitteti ift R397 335 2 shall be iH**eeftlpli~mee .~th**  all see!iem ef this rttie b) September 1
, 2913 ).Ja**S~tember** 1 2013

.

KEY: air poUution, degrcasing, solvent cleaning Date ofEnactment or Last SubstantiveAmendment: [JanMary 1,) 2013 Notice ofContinuation: February 1, 2012 Authorizing, and Implemented or Interpreted Law: 19-2-104(1) (a)

24 DAR File No. 37829



### Environmental Quality, Air Quality 

## R307;..350 Miscellaneous Metal Parts and Products Coatings

NOTICE OF PROPOSED RULE (Amendment) DAR FILE NO .: 37830

FILED : 07/10/2013

RULE ANALYSIS PURPOSE OF THE RULE OR REASON FOR THE CHANGE : Amen ments to th is rule were last adopted by the Air Quality Board i December 2012. Since that time

, several regulated facilities ave notified the Division of Air Quality (DAQ) that they are aving technical difficulties implementing the rule and reques d the rule be amended. DAQ staff evaluated these comm nts and detennined that there is merit in amending some porti ns of the rule.

SUMMARY OF THE R LE OR CHANGE: Language is added to Section R307- 0-2 to clarify that the 2.7 tons VOC/year applicability ap ies to all miscellaneous metal product parts surface coati g operations, including related cleaning activities

. Exemptio s are added to Section R307- 350-3 for operations that re exclusively covered by Department of Defense military echnical data and perfonned

on site at installations owned r operated by the United States Anned Forces and for stri ing of cured coatings and adhesives. Definitions are add to the rule and other clarifying changes are made throug ut.

STATUTORY OR CONSTITUTIONAL UTHORIZATION FOR THIS RULE : Subsection 19-2-104(1 )(

ANTICIPATED COST OR SAVINGS TO :
• THE STATE BUDGET : There are no

.n w requirements for the state; therefore

, there are no costs or vings to the state budget. + LOCAL GOVERNMENTS : There are no for local government; therefore

, there are no
or savings

. + SMALL BUSINESSES : There are no new re uirements for small businesses ; therefore, there are no antid ted costs or savings

. + PERSONS OTHER THAN SMALL BU NESSES, BUSINESSES, OR LOCAL GOVERNMENTAL TITlES: Because there are no new requ i rements

·for perso s other than small businesses

, businesses, or local gov nment entities

, there are no anticipated costs or savings

.
COMPLIANCE COSTS FOR AFFECTED PERSONS :
are no new compliance costs for affected persons; in fa compliance costs are mitigated for some sources, as there

are two new exemptions added to the rule.

lffAHSTATE BULLETIN
, August 01
, 2013, Vol. 2013, No. 15

P- 7

# •

•

# Comments/HearingDAR Fi le No

. 37832

KEY:

. air po fugitive emissions, mining, tailings Datt of Enactment Last Substantive Amendment: (Jttly--1;-**~]llil** Notice ofContinuation: March
, Authorizing, and Implemented orInterp 2-104; 19-2-109



### Environmental Quality, Air Quality



## ·R307-335 Degreasing and Solvent Cleaning Operations

NOTICE OF PROPOSED RULE (Amendment) DAR FILE NO.: 37829

FILED : 07/10/2013

RULE ANALYSIS PURPOSE OF TH

.E RULE OR REASON FOR THE CHANGE : Amendments to this rule were last adopted by the Air Quality Board in November 2012

. . Since that time, several regulated facilities have notified the Division of Air Quality (DAQ} that they are having difficulties implementing the requirements of Section R307-335-7. Based on these comments
, DAQ staff have determined that the rule should be amended

.
SUMMARY OF THE RULE OR CHANGE : Subsection R307- 335-7(1) is amended by adding exemptions for electrical and electronic components and for operations that are exclusively covered by Department of Defense military technical data and performed on site at i nstallations owned or operated by the United States Armed Forces. Language is added to Subsection R307-335-7(2) to clarify the 15-pound/day rule applicability is from the cleaning process

. The compliance schedule of the rule is changed to the effective date of this rulemaki ng

.
STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS RULE : Subsection**19-2~104(1** )(a)

ANTICIPATED COST OR SAVINGS TO : .· 

### +THE STATE BUDGET: There are no new requirements for the state ; therefore

, there are no anticipated costs or savings · to the state budget. + LOCAL GOVERNMENTS: There are no new requirements for local government; therefore, there are no anticipated costs
or savi ngs to local government. 

### +SMALL BUSINESSES: There are no new requirements for small businesses ; therefore

, there are no anticipat!'ld costs or savings

. + PERSONS OTHER

. THAN SMALL BUSINESSES

, BUSINESSES ; OR LOCAL GOVERNMENTAL ENTITIES : There are no new requirements for persons other than small

l J'fAH STA T E BU LL E TIN, Aug ust 01, 2013
, V ol. 2013
, No. 15 NQTICES OF PROPOSED RULES

businesses
, businesses
, o r local government entities ; therefore

, there are no costs or savings

.
COMPLIANCE COSTS FOR AFFECTED PERS

. ONS : There

are no added compliance costs added to this rule

. In fact, this rulemaking will mitigate potential compliance costs for affected persons, as it adds two new exemptions to the rule

.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES : This rulemaking will mitigate the compliance costs**fo~** some businesses as it adds two new exemptions to the rule

.

THE FULL TEXT OF THIS RULE MAY BE INSPECTED

, DURING REGULAR BUSINESS HOURS, AT: ENVIRONMENTAL QUALITY

. AIR QUALITY

FOURTH FLOOR

. 195 N 1950W SALT LAKE CITY. UT 84116-3085

or at the Division ofAdministrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO: + Mark Berger by phone at 801-536-4000
, by FAX at 801- 536-0085, or by Internet E-mail at mberger@)utah

.gov ·

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5 :00PM ON 09/03/2013

THIS RULE MAY BECOME EFFECTIVE ON : 10/0312013

AUTHORIZED BY: Bryce Bird, Director

R307. Environmental Quality, Air Quality. R307-335. Degreasing and Solvent Cleaning Operations. R307-335-3

.**Defi~itions.** The following additional definitions apply to R307-335 : "Batch open top vapor degreasing" means the batch process of cleaning and removing grease and soils from metal surfaces

.by condensing hot solvent vapor on the colder me tal parts

. "Cold clel!lling" means the batch process of cleaning and removing soils from metal surfaces by spraying, brushing, flushing or immersing while maintaining the solvent below its boiling point.'

"Conveyorized**d~greasing "**  means the continuous proceSs of cleaning and removing greases and soils from metal**surf~** by using

either cold or vaporized solvents

. "De!>artment of Defense rnjlitarv technical data" means a specification that specifies**si~** reQJli{ements such as materials to be

used, -how a reqyirement is to be achieved. or bow 

### an item is to be f abricated or constructed,

. ,

· "Freeboard ratio" means the freeboard height (distance

. between-solvent line and top of containe r)divided by the width ofthe d egreaser.

"Industrial solvent cleaning" m eans o perations performed

using·a liquid that cOntains any VOC
, or cOmbination ofVOCs
, Which is used t o clean parts, tools, machinery, equipment and work areas

.

23

H -1NOTICES OF PROPOSED RULES

Cleaning operations include, but are not limited to, spraying, wiping, flushing, and purging

.
"Open top

.vapor degreaser" means the batch process of cleaning and remoVing soils from metal surfaces by condensing low solvent vapor on the colder metal parts

. "Separation operation" means any process that separates a mixture of compounds and solvents into two or more components

. Specific mechanisms include extraction, centrifugation
, filtration, and crystallization. "Solvent metal cleaning" means the process ofcleaning soils from metal surfaces by cold cleaning
, open top vapor degreasers
, or conveyorized degreasing.

R307-335-7. Industrial Solvent Cleaning. (1) Exemptions

. The requirements of R307-335-7 do not apply to aerospace, wood furniture, sb.ipbuilding and repair, flat wood

·paneling, large

·applianCe
, metal furniture, paper film and foil, plastic parts, miscellaneous metal parts coat.ines and light autobody and truck assembly coatings, flexible packaging, lithograpb.ic and letterpress printing materials. [f!ftd-] fiberglass boat manufacturing materials,_ electrical and electronic components and operations that are exclusively covered by Department ofDefense militazy technical data

· and !1e!fonned on site at installations owned and/or gperated by the

United States Anned FQrces

. (2) Operators of industrial solvent cleaning that emit 15 pounds of VOCs or more per day frgm jndustrial sglyent cleaning QperatiQns
, [eefare eentrels
, ]shall reduce VOC emissions from the
use, handling
, storage, and disposal of cleaning solvents and shop towels by implementing the following work practices : (a) Covering open containers; and (b) Storing used applicators and shop towels in closed fire proofcontainers

. (3) Owners or operators of industrial solvent cleaning operations shall limit VOC emissions by either: (a) Using cleaning solutions with vapor pressure less than or equal to eight millimeters ofmercury (rnm Hg) at 20 degrees C; (b) Using solvents with a VOC content of0.42 pounds per gallon or less ; or (c) Installing an emission control system designed to have

an overall control efficiency ofat least 85%.

R307-335-10. Compliance Schedule

. (1) All sources [ ,f.ilhift Sfllt Lllke llftd B1nis OOI!ftties]defined in R307

-335-2 shall be in compliance with R307- 335[ 3 tbrel!gb R391' 335 6 ood R397 33S 811p6B the eifeel¥1e dille. (2) Ml ether sel!fees defined if! R397 33S 2 shflll be if! eemplitmee ovith fill seel:iees ef thls rt!le ily September 1
, 2913lli September 1 2013.

KEY: air pollution, degreasing, solvent cleaning

· Date ofEnactment or Last Substantive Amendment: [hn11a., 1,] 2013 Notice ofContinuation: February 1, 2012 Authorizing, and Implemented or Interpreted Law: 19-2-104(1) (a) DAR File No. 37 829



### nvironmental Quality, Air Quality 

## R307-350 iscellaneous Metal Parts and Products Coatings

OTICE OF PROPOSED RULE (Amendment) DAR FILE NO.: 37830

FILED : 07/1 0/2013

RULE ANALYSIS PURPOSE OF T E R

. ULE OR REASON FOR

.THE

·CHANGE : Amendme ts to this rule were last adopted by the Air Quality Bo

. ard in D mber**2012 .**  Since that time
, several regulated facilities hav notified the Division of A ir Quality (DAQ) that they are havi g technical difficulties implementing the rule and requested e rule be amended. DAQ staff evaluated these comments nd determined that there is merit in amending some portions the rule.

SUMMARY OF THE RULE R CHANGE : Language is added to Section R307-350- to clarify that the 2.7 tons VOC/year applicability applies to all miscellaneous metal

. product parts· surface coating erations, including related clean i ng activities

. Exemptions added to Section R307- 350-3 for operations that are exclusively covered by Department of Defense military te nical data and performed

on site at installations owned or perated by the United States Armed Forces and for strippi g of cured coatings and adhesives

. Definitions are added to the rule and other clarifying changes are made througho t.

STATUTORY OR CONSTITUTIONAL/>l THORIZATION FOR

· THIS RULE : Subsection 19-2-104(1)(a)

ANTICIPATED COST OR SAVINGS TO : +THE STATE BUDGET: There are non

. the state ; therefore, there are no costs or

budget.

+ LOCAL GOVERNMENTS: There are no for local government; therefore, there are no
or savings

. + SMALL BUSINESSES : There are no new re uirements for small businesses ; therefore

, there are no antici ted costs

.or savings

. . + PERSONS OTHER THAN SMALL BU INESSES

, BUSINESSES

, OR LOCAL GOVERNMENTAL Because there are no new requirements for pers ns other than small businesses

, businesses

, or local go ernment entities

, there are no anticipated cests or savings.

COMPLIANCE COSTS FOR AFFECTED PERSONS

. There

are no new compliance · costs for affected persons ; in fact

, compliance costs are mitigated for some sources, as there

are two new exemptions added to the rule

.

24**-- --** **----------.........,- --** **~-:-:--:-:-:: -::-::** **-:-:---:-:** UTAH STATE BULLETiN, August 01,2013, Vol. 2013
, No. 15

H-2

## State ofUtah

GARY R

. HERBERT Governor

SPENCER J

. COX Lieut en

ant Governor 

### Department of Environmental Quality

Amanda Smith Executive Direct or

DIVISION OF AIR QUALITY Bryce C. B ird

Dir ector

MEMORANDUM

TO: 

### Air Quality Board

THROUGH: 

### Bryce C

. Bird
, Executive Secretary

FROM: 

### Joel Karmazyn
, Environmental Scientist

DATE: 

### October 23,2013 DAQ-088-13

SUBJECT: 

### PROPOSE FOR PUBLIC COMMENT : Amend R307-335

. Degreasing and Solvent Cleaning Operations

.

On July 3
, 2013
, the Board proposed for public comment amendments to R307-335. A public comment period was held from August 1 to September 3
, 2013

. The proposed amendments were to:

1. 

### Clarify that the requirements ofR307-335-7(2) apply to operators of industrial solvent cleaning that emit 15 pounds ofvolatile organic compounds (VOCs) or more per day from the cleaning
process;

2

. Exempt industrial solvent cleaning ofelectronic parts in R307-335-7(1); and

3

. Exempt military technical data orders in R307-335-7(1 ).

Public Comments on Proposed Amendments



### Proposed Amendment 1 : The public did not comment on this proposal. No further action is necessary on this item prior to adoption by the Board

. Proposed Amendment 2: The public did not comment on this proposal
, but comments were received from the Specialty Graphic Imaging Association (SGIA) and the American Coating Association (ACA) regarding the VOC content limit in R307-335-7(3)

. The SGIA and ACA noted that they failed to comment

on the VOC content limit during the initial rulemaking and at thisjuncture are contending that the limit constrains their use of solvents to acetone. The use of acetone increases fire risk due to its low flash point. The ACA is particularly concerned that the use of acetone in ink manufacturing will result in workplace fires

.

195 North 1950 West • Salt Lake City, Utah Mail ing Address: P

.O

. Box 144820 • Salt Lake City , Utah 8411 4

-4820 Telephone (80 1) 536-4000 • Fax (80 1) 536

-4099 • T. D

.D

. (80 1) 536-44 14

www. deq

.utah. gov Printed on I00% recycled paper H-3

### DAQ-088-13 Page 2

Upon further analysis
, staffhas determined that ifthe VOC content limit is raised to address safety

concerns raised by the SGIA and ACA, there will no longer be a reason to exempt electronic parts from the rule because the higher VOC content level would eliminate the need to use aqueous based solvent in the electronics industry.

We can also maintain the state implementation plan (SIP) VOC credit used in the attainment modeling demonstration even with a higher VOC content limit by expanding the rule applicability to the broad electronic industrial sector. The following is a list oftypes ofbusinesses within the electronic industrial
sector operating in the nonattainment area and the number of sources within each category:

• Semiconductor- 43

• Business to Business Electronics Market- 69 (mix ofmanufacturers
, supplier, and brokers)

• Electronic Coils, Transformer, and Inductor- 5

• Electronic Computer Manufacturing- 6

• Electronic Connector Manufacturing- 2

• Motor Vehicle Electrical and Electronic Equipment Manufacturing- 1

• Other Electronic Component Manufacturing- 14

• Small Electrical Appliance Manufacturing- 1

There are a number of sizable sources in this business sector mix. For example, the small electrical appliance manufacturer located in Orem has between 250 and 499 employees (based on Workforce Services data).

Consequently
, staff is now recommending including the electronics industry within the rule applicability based on the proposal to increase the VOC content limit discussed below.

Proposed Amendment 3: L-3 Communications pointed out that military contractors must also meet military technical data orders. Therefore, they requested that the military exception be extended to include
contractors

. A recommendation was made to exclude operations conducted offmilitary installations as well. Staffconcurs and has modified the exemption to include contractors performing work on or off site military installations.

General Public Comments



### The SGIA and ACA submitted similar comments regarding the solvent cleaning limit of0.42 lb/gal VOC

. They contend that the limit constrains their use of solvents to acetone

. The use of acetone increases fire risk due to its low flash point.

R307-335-7, Industrial Solvent Cleaning, rulemaking followed the EPA Control Technology Guideline recommendation to apply a general solvent cleaning limit of 0.42 lb/gal VOC
, with the option to modify rulemaking specific to state industrial processes. No commenters offered industry specific information during the initial comment period to support an industry specific VOC content limit. In the interest in maximizing VOC reduction for the PM2

.5 

### SIP and in the absence of industry specific information, staff supported the general solvent cleaning limit. The SGIA and ACA have now raised our awareness ofthe safety issue with acetone use; therefore, we have worked closely with both organizations to identify a workable solution. We have researched this issue by contacting other regulators that have adopted industrial solvent cleaning rules and contacted solvent suppliers to evaluate alternate options

.

H- 4DAQ-088-13 Page 3

An analysis ofother state regulations shows that mid-western states that are classified as moderate nonattainment (i.e
., Ohio and Wisconsin) have adopted higher limits (1

.67-7 lb/gal for varied industries), while severe nonattainment air districts, like San Joaquin Valley and South Coast, have adopted more stringent levels overall
, but have also exempted certain industries that are included in our rule. For example, the San Joaquin Rule 4663 exempts coating and ink manufacturers

.
Commercially Available Low-VOC Solvents

The South Coast Rule 1171 has a VOC content limit of0.83 lb/gal. We contacted Mike Morris
, the industrial solvent cleaning contact at South Coast, to find out if sources have had difficulty finding cleaning products that meet their low limit. Mr. Morris provided us with a list ofmanufacturers that supply the California market that can meet that limit. Mr. Morris stated that sources in the graphics arts industry

can choose between aqueous cleaners, vegetable oils
, a low content acetone mixture and parachlorobenzotrifluoride (PCBTF), an exempt VOC compound

. PCBTF is considered to have negligible VOCs and is increasingly used as a xylene replacement in cleaners
, thinners
, and other aromatic hydrocarbon blends

. However
, PCBTF costs two to three times the amount oftraditional hydrocarbons

.

Several ofthe suppliers referenced by Mr. Morris and a few additional suppliers found by staffwere asked about their product lines and ability to meet the 0.83 lb/gal VOC content limit. Most suppliers confirmed that they offered at least one product that met the limit
, but were quick to point out limitations and challenges in a number of industrial settings. Specific problems were cited for the circuit board
, plastic printing and any other industry that uses impregnated printing. These industries require a higher VOC
content solvent or must use acetone. Supplier representatives who spoke knowledgably about the California marketplace and industrial practices
, recommended a general VOC content limit of between 2.49 and 4.2 lb/gal.

Industry-Specific Response to Commenters

Digital Printing

The digital printing cleanup process is conducted using small absorptive swabs and is not expected to attain the 15 lb/day VOC threshold within R307-335-7(2). Therefore
, no further action is deemed necessary for this industry.

Coating and Ink Manufacturing

The ACA 's position is that the coating and ink manufacturing industry should be exempt from a VOC limit and rely solely on best management practices to reduce VOC emissions. Some states have exempted this industry in their general degreasing rule but then have a separate industry specific rule. R307-335-7 already requires sources to reduce VOC emissions from the use, handling
, storage, and disposal ofcleaning solvents and shop towels

. Work practice requirements are part of all our coating rules.

According to Workforce Services records, there are only five ink manufacturers in Utah; this precludes development of an industry specific rule to regulate coating and ink manufacturing

.

Advanced Color Systems Inc Gans Ink & Supply Co Inc Graphic Ink Company Inx International Ink Co Sawgrass Technologies Inc Salt Lake City Salt Lake City Salt Lake City Salt Lake City Highland Salt Lake Salt Lake Salt Lake Salt Lake Utah 1-4 10-19 10-19 0 1-4 325910 325910 325910 325910 325910

H-5DAQ-088-13 Page 4

Consequently, we believe it is reasonable to include this industry within R307-335-7 as a means to reduce VOC emissions as part ofthe PM25 SIP.

Screen Printing

In screen printing, ink passes through a porous screen offine silk
, Nylon
, Dacron, polyester
, or stainless steel mesh to which a stencil has been applied

. Printing is accomplished by applying ink to the

screen and then forcing the ink through the stencil with a rubber or synthetic blade. Inks are usually cured by applying heat
, infrared or ultraviolet to the printed products. After thejob is finished
, the screens are cleaned of ink and stencil then re-used. Ink solvents can be xylols, toluene, ketones
, and mineral spirits

. According to Workforce Services records, there are 61 screen printing sources in the PM25 nonattainment

area. Some ofthese sources participated in the graphic arts survey that led to the national adoption ofthe revised emission factor for graphic arts (201 lb VOC/employee)

. The VOC emissions from these sources

are estimated to be 74 tons/yr. Therefore, we believe that we should derive the lowest general VOC
content limit that will accommodate this and other industries in order to maintain SIP credit. South Coast has the lowest limit at 0.83 lb/gal while a number ofstates like Ohio are at 4.2 lb/gal. The difference in values again reflects air district attainment status. The SGIA has stated that it will not support a limit lower than 4.2 lb/gal. We have confirmed that, while limited
, there are available options at the South Coast VOC limit, as described above. However
, in the interest in establishing one low VOC limit for all uses , we are proposing a limit between the noted ranges , as described below

.
Proposed General VOC Content Limit

In the interest of attaining maximum SIP VOC reductions, addressing industrial safety concerns and widely available commercial products
, we are recommending a general VOC solvent content limit of2.49 lb/gal. Based on our research
, it is our understanding that this limit will offer industry greater options. Increasing the limit allows us to include a broader range of industrial sectors thereby maintain the same SIP credit applied in our attainment modeling.

StaffRecommendation: In order to provide industry sufficient time to determine their ability to comply with the newly proposed general VOC content limit, staff recommends that the Board propose for public
comment R307-335 as amended

.

H-6NOTICES OF CHANGES IN PROPOSED RULES



### Environmental Quality, Air Quality 

## R307-335 Degreasing and Solvent Cleaning Operations

NOTICE OF CHANGE IN PROPOSED RULE DAR FILE NO .: 37829

FILED : 11/0612013

RULE ANALYSIS PURPOSE OF THE RULE OR REASON FOR THE CHANGE : On 07/0312013

, the Air Quality Board**~troposed** for public comment amendments to Rule R307-335. During the 30-day public comment period

, the Specialty Graphic Imag i ng Association and the American Coating Association (ACA) subm itted comments contending that the VOC-content limit in Subsection R307-335-7(3) constrains their

· use of solvents to acetone

. Because acetone increases fire risk due to its low flash point, the ACA is

· particularly concerned that the use of acetone in

·ink manufacturing will result in workplace fires

. Further research done by the Division of Air Quality (DAQ) found that the current VOC-content limit provided for too few solvent options to all industries

. Raising the VOC-content limit allows for more options for industries which enables the rule to indude industries that had previously been exduded from the rule

.
SUMMARY OF THE RULE OR CHANGE : The exemption for electrical and electronic components is removed and an exemption for Department of Defense contractors is ·added. The solvent VOC-content limit in Subsection R307-335-7(3) (b) is changed from 0.42 to 2

.49 pounds per gallon or less. The compliance schedule for the rule is changed to 06/0112014

. (DAR NOTE : This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the August 1
, 2013, issue of the Utah State Bulletin, on page 23. Underlining in the rule below indicates text that has

·been added since the publication of the proposed rule mentioned above ;**strik~H~ut** indicates text that has been deleted

. You must view the change in proposed rule and the proposed amendment together to

.understand all of the changes that will be enforceable should the agency make this rule effective

.)

STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS RULE : Subsection 19-2-104(1)(a)

ANTICIPATED COST OR SAVINGS TO : +THE STATE BUDGET: Because the changes made to the rule do not create any new requirements for the state
, there

are no anticipated costs or savings to the state budget
+ LOCAL GOVERNMENTS : Because the changes made to the rule do not" create any riew requirements for local government
, there are no anticipated costs or savings

.

S4 DAR File No

..37829

+ SMALL BUSINESSES : By increasing the VOC content limit of solvents to 2.49 pounds per gallon or

. less and by expand i ng the rule applicability to the broad electronic industrial sector, several small businesses may now be required to comply with the requirements of this rule

. Because the industrial solvent cleaners with a VOC content of 2.49 pounds per gallon or less are competitively priced

, there

are no anticipated costs or savi ngs to limit VOC emissions through using i ndustrial solvent deaners with a VOC content of 2

.49 pounds per gallon or less

. If an owner oroperator chooses to use i ndustrial solvent cleaners that don't meet the VOC content limits and instead i nstalls an emissions control

· system
, the cost would be approximately $1

,640 per ton of



### vdc removed

. + PERSONS OTHER THAN SMALL BUSINESSES

, BUSINESSES

, OR LOCAL

.GOVERNMENTAL ENTITIES : Because the revisions do not create new requirements for • persons other than small businesses

. busi nesses, or local government entities, there are no anticipated costs or savings

.
COMPLIANCE COSTS FOR AFFECTED PERSONS: By increasing the VOC content limit of solvents to 2

.49 pounds per gallon or less and by expanding the rule applicability to the broad electronic industrial sector
, several smal businesses may now be required to comply with the requirements of th is rule. Because the industrial solvent deaners with a VOC content of 2.49 pounds per gallon or less are competitively priced

, there are no anticipated costs

or savings to l imit VOC emissions through using industrial solvent cleaners with a VOC content of 2

.49 pounds per gallon or less

. If an owner or operator chooses to use industrial solvent cleaners that don't meet the VOC content lim its and instead installs an emissions control system
, the cost would be approximately $1,640 per ton ofVOC removed

.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: By increasing the VOC content limit of solvents to 2

.49 pounds per gallon or less and by expanding the rule appl icability to the broad electronic industrial sector. several small businesses may now be requ i red to comply with the requirements of th is rule. Because the industrial solvent cleaners with a VOC content of 2.49 pounds per gallon or less are competitively priced, there are no a!lticipated costs
or savi ngs to limit VOC emissions through using industrial solvent cleaners with a VOC content of 2

.49 pounds per gallon or less

. . If an owner or operator chooses to use industrial solvent cleaners that don't meet the VOC content limits and instead installs an emissions control system
, the cost would be approximately $1,640 per ton of VOC removed

.

THE FULL TEXT OF**THI~** RULE MAY · BE INSPECTED, DURING REGULAR BUSINESS HOURS, AT: ENVIRONMENTAL QUALITY AIR QUALITY FOURTH FLOOR

UTAHSTATE BULLETIN
, December 01
, 2013
, Vol. 2013
, No

. 23

H-7DAR File No

. 37829

195 N 1950W SALT LAKE CITY, UT 84116-3085
or at the Division ofAdministrative Rules

.
DIRECT QUESTIONS REGARDING THIS RULE TO :
• Mark Berger by phone at 801-536-4000, by FAX at 801- 536-0085
, or by Internet E-mail at mberger@utah

.gov

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITIING WRITIEN COMMENTS NO LATER THAN AT 5:00PM ON 1213112013

THIS RULE MAY BECOME EFFECTIVE ON : 02/0512014

AUTHORIZED BY: Bryce Bird, Director

R307. Environmental Quality,Air Quality

. R307-33S. Degreasin.: and Solvent Cleaning Operations.

R307-335-7. Industrial Solveat Cleaning. (I} Exemptions. The requirements of R307-335-7 do not apply to aerospace, wood furniture, shipbuilding and repair, flat wood paneling, large appliance, metal furniture, paper film and**foi~** plastic parts, miscellaneous metal parts coatings and light autobody and truck assembly coatings, flexible packaging, lithographic and letterpress printing materials, fiberglass boat manufacturing materials
, [eleetfteel. 11nd eleetr6ftie**e6~** ]and operations that are exclusively covered by Department of Defense military teclmical data and performed by a Dqwtment of Defense contractor and/or on site at installations owned and/or operated by the United States Armed Forces

. (2) Operators of industrial solvent cleaning that emit 15 pounds of VOCs or more per day from industrial solvent cleaning operations, shall reduce VOC emissions from the use, handling, storage, and disposal of cleaning solvents and shop towels by implementing the following work practices: (a) Covering open containers; and (b) Storing used applicators and shop towels in closed fire proofcontainers. (3) Owners or operators of industrial solvent cleaning operations sballlimit VOC emissions by either: (a) Using cleaning solutions with vapor pressure less than or equal to eight millimeters ofmercury (mm Hg) at 20 degrees C; (b) Using solvents with a VOC content of (9:-Q]2.12_ pounds per gallon or less ; or (c) Installing an emission control system designed to have

an overall control efficiency ofat least 85o/o.

R307-335-10. Compliance Schedule. (1) All sources**[defiftetl.~in** corrwliance wilh R307-**335-[~]1** (sftttll be ift e61!1plillftee •f'ith R397 335 )by**[September~** 1
, 201(3)i

.

lffAHSTATEBUllETIN, December 01
, 2013
, Vol. 2013
, No. 23 NOTICES OF CHANGES IN PROPOSED RULES

KEY: air pollution, de.:reasing, solvent cleaning Date ofEnactment orLast SubstantiveAmendment:**[~)2014** Notice ofContinuation : February I, 2012 Authorizing, and Implemented or Interpreted Law: 19-2-104(1) (a)



### Environmental Quality, Air Quali 

## R307-401-19 General Approval Order

NOtiCE OF CHANGE IN PROPOSED



# • DAR FILE NO .: 37833 FILED: 11/06/2013

RULE ANALYSIS PURPOSE OF THE RULE OR R CHANGE : On 07/0312013, the Air Qua y Board proposed the new Section R307-401-19 to provid an alternative to the normal approval order process cal a general approval order (GAO)

. A GAO could be deve ped for a category of similar types of sources and would go through the normal public review process before bein issued

. The changes made to the proposed rule are · response to comments received during the public comme t period

.
SUMMARY OF THE RULE CHANGE: Language iS added to the rule to clarify th t the GAO process would be limited to smaller sources th do not require a case-by-case impact analysis under curr nt rules for**individu~l** approval

. orders

. Language is add to clarify that the director may require a source to obtai an individual approval order if the director determ ines the ource may cause a violation of a national ambient air q lity standard

. (DAR NOTE : This change in proposed has been filed to**mak~** addi

. tional changes to a propose amendment that was published 1n the August 1
, 2013
, issu of the Utah State Bulletin

, on page 29

. Undertining in the le below indicates text that has been added since the p blication of the proposed rule mentioned above ; strike-out ndicates text that has been deleted. You must view the ange in proposed rule and the proposed amendment tog ther to understand all of the changes that will be enforceabl should the agency make this rule effective

.)

STATUTORY: OR CONSTITUTIONAL AUTHORIZATION FOR THIS RULE : Section 19-2-108 and Subsection 19-2-104(3) (q)

ANTICIPATED COST OR SAVINGS TO :
• THE TATE BUDGET: These changes do not create any additi al requirements to the state ; therefore

, there are no anti · ated costs or savings to the state budget + L L GOVERNMENTS : These changes do not create
an additional requirements to local government; therefore

, th re are no anticipated costs or savings.

5 5

H-8

## State ofUtah

GARY R HERB ERT Governor

SPENCER J

. COX Lieute nant Governor 

### Department of Environmental Quality

Amanda Smith Executive Dir ect

or

DfVI S ION OF AIR QUALITY Bryce C

. Bird

Dir ect

or



### MEMORANDUM

TO: Air Quality Board

THROUGH: Bryce C. Bird
, Executive Secretary

FROM: Joel Karmazyn, Environmental Scientist

DATE: February 11
, 2014 DAQ-015-14

SUBJECT: FINAL ADOPTION: R307-335. Degreasing and Solvent Cleaning Operations

.

The Board adopted the current R307-335 at the November 2012 Board meeting. Since that time, several regulated facilities notified us that they are having technical difficulties implementing R307-335-7
, Industrial Solvent Cleaning. As we worked with these facilities
, we determined that the rule should be amended

. On July 3
, 2013
, the Board proposed changes to the rule

. During that public comment period
, we received comments from the American Coating Association (ACA) and the Specialty Graphic Imaging Association (SGIA) that the current volatile organic compound (VOC) limit would drive them to use acetone, which has a very low flash point. They wanted

.to work with us to find an alternate solution. As a result ofthis later request, we extended our analysis and derived a higher VOC limit of2.49 lb/gal. This VOC limit was recommended to us from solvent suppliers who service the California market
, where VOC limits are very low

. Because we were concerned that this rule had not been adequately evaluated by representative sectors of industry, we recommended that the Board approve another public comment period.

On November 6
, 2013
, the Board proposed for public comment further amendments to R307-335

. The public comment period was initially held from December 1 to December 31, 2013. During the public
comment period
, in response to a request, the comment period was extended to January 10
, 2014. The proposed amendments were to:

1. 

### Clarify that the requirements ofR307-335-7(2) apply to operators of industrial solvent cleaning that emit 15 pounds ofVOCs or more per day from the cleaning process ;

2

. Exempt military technical data orders in R307-335-7(1) ; and

3. Propose a general VOC solvent content limit of2.49lb/gal in R307-335-7(3)(b)

.

195 North 1950 West • Salt Lake City, Utah Mailing Address: P

.O

. Box 144820 • Salt Lake City
, Utah 84114-4 820 Telephone (80 1) 53 6-4000 • Fax (80 1) 536-4099 • T. D

.D

. (80 1) 536-4414 www.deq.ut ah.gov Printed on I00% recycled paper H -9

### DAQ-015-14 Page 2

Public Comments on Proposed Amendments

Hill Air Force Base provided suggested changes to the language in R307-335-7(2) and (3) that makes it clear that operators must apply work practices as well as the VOC content limit. We agree that the proposed language improves the rule and have the appropriate changes to the proposed rule.

Proposed Amendments 1 and 2: The public did not comment on these proposals. No further action is
necessary on these items prior to adoption by the Board

. Proposed Amendment 3 : The ACA and SGIA submitted comments stating that the new VOC limit would pose quality issues in their processes and would still drive them to use acetone or, in some cases, the expensive exempt solvent
, parachlorobenzotrifluoride (PCBTF)

. The SGIA recommended a VOC content limit of4.2 lb/gal for the imaging industry because product quality is compromised if solvents don't effectively clean the mesh openings during production runs

. This value has been adopted by some midwestern states

.

The ACA recommended that we allow sources to employ work practice standards that require sources to reduce VOC emissions from the use, handling
, storage, and disposal ofcleaning solvents and shop towels in lieu ofa VOC content limit. We believe that the ACA proposal would be unquantifiable and difficult to enforce and thus inappropriate for this PM25 

### nonattainment area. Our current thinking is that ifthe 4.2 lb/gal VOC limit will remove ink from imaging screens that it should be applicable to the ink manufacturing as well. The ACA was notified ofour new proposal and stated that while they do not support the 4.2 lb/gallimit, they will not object to it.

The latest comment period also brought out the interest ofthe medical devices industries

. Becton Dickinson and Company and Edwards Lifesciences met with us and submitted public comments. They explained their requirements under federal rules to disinfect working surfaces and medical devices. The industry-chosen solvent that meets federal requirements is isopropyl alcohol (IPA)

. IPA is used in different strengths depending on use. Device disinfection is performed using 100% IPA that is 6.7 lb/gal. Working surface disinfection is performed using a 70/30 percent mix ofwater that is 5.0 lb/gal VOC. These limits have been adopted by the South Coast and San Joaquin Valley air districts (South Coast Rule 1171 and San Joaquin Valley Rule 4663). We believe that regulating the industry by setting the same limits as South Coast and San Joaquin Valley air districts is a reasonable alternative.

We have had ongoing discussions with CRC Industries, Inc. regarding cleaning ofelectronic parts. CRC Industries, Inc

. provides precision electronics cleaners

. Our initial proposal was to exempt the electronic parts cleaning when we proposed one general limit. Now that we are restructuring the rule to be industry specific
, we are proposing a VOC content limit of4.2 lb/gal for electronic parts cleaning. CRC Industries
, Inc. has confirmed their ability to blend certain products to meet this limit.

We are also proposing to retain the newly proposed general use limit of2.49
, rounded to 2.5 lb/gal ofVOC because ofthe acetone low flash point.

H -10DAQ-015-14 Page 3

In summary, we are proposing the following VOC content limits:

Solvent Cleaning Category Coatings
, adhesives
, & ink manufacturing Electronic parts & components General miscellaneous cleaning Medical devices and pharmaceutical Tools
, equipment
, & machinery General surface cleaning Screening printing operations

VOC Reduction VOC Limit (lb/gal) 4.2 4.2 2.5

6.7 5.0 4.2

Emission Reduction = [control efficiency x rule effectiveness] x rule penetration

VOC SIP Credit Taken For Control Rule Rule %

R307-335-7 Efficiency Effectiveness Penetration Reduction (%) (%) (%)
Box Elder, Cache
, Davis, Salt Lake, 94* 80 98 74 Utah, Tooele
, Weber *From EPA 453/R-06-001

Revised SIP Credit 1. The average ofthe VOC limits= 4.5 lb/gal Tons/day 

## voc Reduction

3.1

2. Assume uncontrolled= 8 lb/gal (examples ofproducts weights: toluene -7.2 lb/gal
, xylene -8.3 lb/gal) · 3. Reduction= 56%

VOC Adjusted SIP Credit For Control Rule Rule % Tons/day Efficiency Effectiveness Penetration Reduction 

## voc R307-335-7 (%) (%) (%) Reduction
Box Elder, Cache, Davis
, Salt Lake, 56 80 98 44 2.0 Utah, Tooele, Weber

StaffRecommendation: Staffrecommends the Board adopt R307-335 as amended.

H - 1 1

# Change in Proposed Rule (CPR)NOTICES OF CHANGES IN PROPOSED RULES



### Environmental Quality, Air Quality 

## R307-335 Degreasing and Solvent Cleaning Operations

NOTICE OF CHANGE IN PROPOSED RULE DAR FILE NO .: 37829

FILED : 11/06/2013

RULE ANALYSIS PURPOSE OF THE RULE OR REASON FOR THE CHANGE : On 07/03/2013, the Air Quality Board jDroposed for public comment amendments to Rule R307-335

. During the 30-day public comment period, the Specialty Graphic Imaging Association and the American Coating Association (ACA) submitted comments contending that the VOC-content limit in Subsection R307-335-7(3) constrains their

-use of solvents to acetone. Because acetone increases fire risk due to its low flash point, the ACA is

·particularly concerned that the use of acetone in ink manufacturing will result in workplace fires

. Further research done by the Division of Air Quality (DAQ) found that the current VOC-content limit provided for too few solvent options to all industries. Raising the VOC-content limit allows for more options for industries which enables the rule to indude industries that had previously been exduded from the rule.

SUMMARY OF THE RULE OR CHANGE : The exemption for electrical and electronic components is removed and an exemption for Department of Defense contractors is

-added

. The solvent VOC-content limit in Subsection R307-335-7(3) (b) is changed from 0.42 to 2.49 pounds per gallon or less

. The compliance schedule for the rule is changed to 06/0112014

. (DAR NOTE: This change in proposed rule has been filed to make additional changes to

_ a proposed amendment that was published in the August 1
, 2013
, issue of the Utah State Bulletin, on page 23

. Underlining in the rule below indicates text that has

·been added since the publication of the proposed rule mentioned above ; strike-out indicates text that has been deleted

. You must view the change in proposed rule and the proposed amendment together to

.understand all of the changes that will be enforceable should the agency make this rule effective

.)

STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS RULE : Subsection 19-2-104(1)(a)

ANTICIPATED COST OR SAVINGS TO : 

### +THE STATE BUDGET: Because the changes made to the rule do not create any new requirements for the state, there

are no anticipated costs or savings to the state budget
+ LOCAL GOVERNMENTS : Because the changes made to the rule do not create any new requirements for local government, there are no anticipated costs or savings

.

S4 DAR File No

..37829

+ SMALL BUSINESSES : By increasing the VOC content limit of solvents to 2.49 pounds per gallon or

. less and by expanding the rule applicability to the broad electronic industrial sector, several small businesses may now be required to comply with the requirements of this rule. Because the industrial solvent cleaners with a VOC content of 2

.49 pounds per gallon or less are competitively priced, there

are no anticipated costs or savings to limit VOC emissions through using industrial solvent deaners with a VOC content of 2

.49 pounds per gallon or less

. If an owner oroperator chooses to use industrial solvent cleaners that don't meet the VOC content lim its and instead installs an emissions control

- system, the cost would be approximately $1,640 per ton of

VOC removed

. + PERSONS OTHER THAN SMALL BUSINESSES

, BUSINESSES

, OR LOCAL

-GOVERNMENTAL ENTITIES : Because the revisions do not create new requirements for · persons other than small businesses

, businesses

, or local government entities

, there are no anticipated costs or savings

.
COMPLIANCE COSTS FOR AFFECTED PERSONS: By increasing the VOC content limit of solvents to 2.49 pounds per gallon or less and by expanding the rule applicability to the broad electron ic industrial sector
, several smal businesses may now be required to comply with the requirements of this rule. Because the industrial solvent deaners with a VOC content of 2.49 pounds per gallon or less are competitively priced

, there are no anticipated costs

or savings to limit VOC em issions through using industrial solvent cleaners with a VOC content of

- 2.49 pounds per gallon or less

. If an owner or operator chooses to use industrial solvent cleaners that don't meet the VOC content limits and instead instaHs an emissions control system
, the cost would be approximately $1

,640 per ton ofVOC removed

.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON Bl,JSINESSES : By increasing the VOC content limit of

_ solvents to 2

.49 pounds per gallon or less and by expanding the rule applicability to the broad electronic industrial sector
, several small businesses may now be requ ired to comply with the requirements of this rule

. Because the industrial solvent cleaners with a VOC content of 2

.49 pounds per gallon or less are competitively priced

, there are no articipated costs

or savi ngs to limit VOC emissions through using industrial solvent cleaners with a VOC content of 2.49 pounds per gallon or less

. - If an owner or operator chooses to use industrial solvent cleaners that don't meet the VOC content limits and instead installs an emissions control system
, the cost would be approximately $1,640 per ton of VOC removed

.

THE FULL TEXT OF THIS RULE MAY BE INSPECTED

, DURING REGULAR BUSINESS HOURS, AT: -_ ENVIRONMENTAL QUALITY AIR QUALITY FOURTH FLOOR

UT

A

H STATE BULLETIN
, December 01
, 2013
, Vol. 2013
, No

. 23

CPR -1DAR File N o

. 37829

195 N 1950W SALT LAKE CITY, UT 84116-3085

or at the Division ofAdministrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO :
• Mark Berger by phone at 801-536-4000
, by FAX at 801- 536-0085
, or by Internet E-mail at mberger@utah

.gov

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITIING WRITIEN COMMENTS NO LATER THAN AT 5 :00PM ON 12131/2013

THIS RULE MAY BECOME EFFECTIVE ON : 02/05/2014

AUTHORIZED BY: Bryce Bird

, Director

R307. Environmental Quality,Air Quality. R307-335. Degreasin.: and Solvent Ckaning Operations.

R307-335-7

. Industrial Solveat Ckaning. (1) Exemptions

. The requirements of R307-335-7 do not apply to aerospace, wood furniture, shipbuilding and repair
, flat wood paneling, large awliance, metal furniture, paper film and**foi~** plastic parts, miscellaneous metal parts coatings and light autobody and truck assembly coatings, flexible packaging, lithographic and letterpress printing materials, fiberglass boat manufacturing materials

, [cleelrieelllrtd eleetrOftie etlmp6nents; )and operations that are exclusively covered by Department of Defense military technical data and performed by a [)epartrnent of Defense contractor and/or on site at installations owned and/or operated by the United States Armed Forces

. (2) Operators of industrial solvent cleaning that emit 15 pounds of VOCs or more per day from industrial solvent cleaning operations, shall reduce VOC emissions from the use, handling, storage, and disposal of cleaning solvents and shop towels by implementing the following work practices: (a) Covering open containers; and (b) Storing used applicators and shop towels in closed fire proofcontainers

. (3) Owners or operators of industrial solvent cleaning operations shall limit VOC emissions by either: (a) Using cleaning solutions with vapor pressure less than or equal to eight millimeters ofmenmy (mm Hg) at 20 degrees C; (b) Using solvents with a VOC content of [9:e]2A2_ pounds per gallon or less; or (c) Installing an emission control system designed to have

an overall control efficiency ofat least 85%.

R307-335-10

. Compliance Schedule. (1) All sources**[defined-~in** compliance with R307-**335-{~)1** [sftt!ll be ift oompli11nee ol'ith R397 335 ]by [SeptemberJ.lliM 1,201(3)1

.

UTAHSTATEBULLETIN
, December 01
, 2013, Vol. 2013, No

. 23 NOTICES OF CHANGES IN PROPOSED RULES

KEY: airpollution, dqreasing, solvent cleaning Date ofEnactment orLast SubstantiveAmendment: [2&B]2014 Notice ofContinuation: February I
, 2012 Authorizing, and Implemented or Interpreted Law : 19-2-104(1) (a)



### Environmental Quality, Air Quali 

## R307-401-19

. General Approval Order

NOTICE OF CHANGE IN PROPOSED DAR FILE NO

. : 37833

•

.FILED: 11/06/2013

RULE ANALYSIS PURPOSE OF THE RULE OR R CHANGE : On 07/03/2013

, the Air Qua y Board proposed the new Section R307-401-19 to provid an alternative to the normal approval order process cal a general approval order (GAO)

. A GAO could be deve ped for a category of similar types of sources and would go through the normal public review process before bein issued

. The changes made to the proposed rule are · response to comments received during the public comme t period

.
SUMMARY OF THE RULE CHANGE : Language is added to the rule to clarify th t the GAO process would · be limited to smaller sources th do not require a case-by-case impact analysis under curr nt rules for individual approval orders

. Language is add to clarify that the director may require a source to obtai an individual approval order if the director determines the ource may cause a violation of a national ambient air q l ity standard. (DAR NOTE : This change in proposed has been filed to**mak~ addi~onal**  changes to a propose amendment that was published 1n the August 1. 2013
, issu of the Utah State Bulletin, on page 29

. Under1ining in the le below indicates text that has been added since the p blication of the proposed rule mentioned above · strike-out ndicates text that has been deleted. You must**~iew** the ange in proposed rule and the proposed amendment tog ther to understand all of the changes that will be

. enforceabl should the agency make this rule effective

.)

STATUTOR'(: OR CONSTITUTIONAL AUTHORIZATION FOR THIS RULE : Section 19-2-108 and Subsection 19-2-104(3) (q)

ANTICIPATED COST OR SAVINGS TO : + THE TATE BUDGET: These changes do not create any additi al requirements to the state ; therefore

, there are no anti · ated costs or savings to the state budget + L L GOVERNMENTS : These changes do not create

an additional requirements to local government; therefore, th re are no anticipated costs or savings

.

55

CPR-2

### R307-335 October 23, 2013

1 

### R307. Environmental Quality, Air Quality. 2 

### R307-335. Degreasing and Solvent Cleaning Operations. 3 

### R307-335-1. Purpose. 

### Page 1 of 5

4 The purpose of this rule is to limit volatile organic compound 5 (VOC) emission from degreasing and solvent cleaning operations. 6 

### 7 R307-335-2. Applicability. 

### 8 R307-335 applies to all degreasing or solvent cleaning operations 9 that use VOCs and that are located in PMlO and PM2.5 nonattainment 10 and maintenance plan areas as defined in 40 CFR 81.345 (July 1, 2011). 11 12 R307-335-3. Definitions. 

### 13 The following additional definitions apply to R307-335: 14 "Batch open top vapor degreasing" means the batch process of 15 cleaning

· and removing grease and soils from metal surfaces by 16 condensing hot solvent vapor on the colder metal parts. 17 "Cold cleaning" means the batch process of cleaning and removing 18 soils from metal surfaces by spraying, brushing, flushing or immersing 19 while maintaining the solvent below its boiling point. 20 "Conveyorized degreasing" means the continuous process of 21 cleaning and removing greases and soils from metal surfaces by using 22 either cold or vaporized solvents. 23 "Department of Defense military technical data" means a 24 specification that specifies design requirements, such as materials 25 to be used, how a requirement is to be achieved, or how an item is 26 to be fabricated or constructed. 27 "Freeboard ratio" means the freeboard height (distance between 28 solvent line and top of container) divided by the width of the degreaser. 29 "Industrial solvent cleaning" means operations performed using 30 

# a liquid that contains any VOC, or combination of VOCs, which is used 31 to clean parts, tools, machinery, equipment and work areas. Cleaning 32 operations include, but are not limited to, spraying, wiping, flushing, 33 and purging. 34 "Open top vapor degreaser" means the batch process of cleaning 3 5 and removing soils from metal surfaces by condensing low solvent vapor 3 6 on the colder metal parts. 37 "Separation operation" means any process that separates a mixture 38 of compounds and solvents into two or more components. Specific 39 mechanisms include extraction, centrifugation, filtration, and 40 crystallization. 41 "Solvent metal cleaning" means the process of cleaning soils from 42 metal surfaces by cold cleaning, open top vapor degreasers, or 43 conveyorized degreasing. 44 45 R307-335-4. Cold Cleaning Facilities. 

### 46 No owner or operator shall operate a degreasing or solvent 47 cleaning operation unless conditions in R307-335-4(1) through (7) are 48 met. 49 (1) A cover shall be installed which shall remain closed except 50 during actual loading, unloading or handling of parts in cleaner. 51 The cover shall be designed so that it can be easily operated with 52 one hand if:

CPR-3

### R307-335 October 23, 2013 Page 2 of 5

1 (a) The volatility of the solvent is greater than 2 kPa (15 mm 2 Hg or 0.3 psi) measured at 38 degrees C (100 degrees F), 3 (b) The solvent is agitated, or 4 (c) The solvent is heated. 5 (2) An 

### internal draining rack for cleaned parts shall be 6 installed on which parts shall be drained until all dripping ceases. 7 If the volatility of the solvent is greater than 4.3 kPa (32 mm Hg 8 at 38 degrees C (100 degrees F)), the drainage facility must be 9 internal, so that parts are enclosed under the cover while draining. 10 The drainage facility may be external for applications where an 11 internal type cannot fit into the cleaning system. 12 (3) Waste or used solvent shall be stored in covered containers. 13 (4) Tanks, containers and all associated equipment shall be 14 maintained in good operating condition, and leaks shall be repaired 15 immediately or the degreaser shall be shutdown. 16 (5) Written procedures for the operation and maintenance of the 17 degreasing or solvent cleaning equipment shall be permanently posted 18 in an accessible and conspicuous location near the equipment. 19 (6) If the solvent volatility is greater than 4.3 kPa (33 mm 20 Hg or 0.6 psi) measured at 38 degrees C (100 degrees F), or if solvent 21 is heated above 50 degrees C (120 degrees F), then one of the following 22 control devices shall be used: 23 (a) Freeboard that gives a freeboard ratio greater than 0.7; 24 (b) Water cover if the solvent is insoluble in and heavier than 25 water) ; or 26 (c) Other systems of equivalent control, such as a refrigerated 27 chiller or carbon adsorption. 28 (7) If used, the solvent spray shall be a solid fluid stream 29 at a pressure that does not cause excessive splashing and may not be 30 a fine, atomized or shower type spray. 31 32 R307-335-S. Open Top Vapor Degreasers. 

### 33 Owners or operators of open top vapor degreasers shall, in 34 addition to meeting the requirements of R307-335-4(3), (4) and (5), 35 (1) Equip the vapor degreaser with a cover that can be opened 36 and closed without disturbing the vapor zone. The cover shall be closed 37 except when processing work loads through the degreaser; 38 (2) Install one of the following control devices: 39 (a) Equipment necessary to sustain: 40 (i) A freeboard ratio greater than or equal to 0.75, and 41 (ii) A powered cover if the degreaser opening is greater than 42 1 square meter (10.8 square feet), 43 (b) Refrigerated chiller, 44 (c) Enclosed design (cover or door opens only when the dry part 45 is actually entering or exiting the degreaser), 46 (d) Carbon adsorption system, with ventilation greater than or 47 equal to 15 cubic meters per minute per square meter (50 cubic feet 48 per minute per square foot) of air/vapor area when cover is open and 49 exhausting less than 25 parts per million of solvent averaged over 50 one complete adsorption cycle; 51 (3) Minimize solvent carryout by: 52 (a) Racking parts to allow complete drainage,

CPR-4

### R307-335 October 23, 2013 Page 3 of 5

1 (b) Moving parts in and out of the degreaser at less than 3.3 2 meters per minute (11 feet per minute), 3 (c) Holding the parts in the vapor zone at least 30 seconds or 4 until condensation ceases, 5 (d) Tipping out any pool of solvent on the cleaned parts before 6 removal
, and 7 (e) Allowing the parts to dry within the degreaser for at least 8 15 seconds or until visibly dry. 9 (4) Spray parts only in or below the vapor level; 10 (5) Not use ventilation fans near the degreaser opening, nor 11 provide exhaust ventilation exceeding 20 cubic meters per minute per 12 square meter (65 cubic feet per minute per square foot) in degreaser 13 open area, unless necessary to meet state and federal occupational, 14 health, and safety requirements. 15 (6) Not degrease porous or absorbent materials, such as cloth, 16 leather, wood or rope; 17 (7) Not allow work loads to occupy more than half of the 18 degreaser's open top area; 19 (8) Ensure that solvent is not visually detectable in water 20 exiting the water separator; 21 (9) Install safety switches on the following: 22 (a) Condenser flow switch and thermostat (shuts off sump heat 23 if condenser coolant is either not circulating or too warm) ; and 24 (b) Spray switch (shuts off spray pump if the vapor level drops 25 excessively, i.e., greater than 10 ern (4 inches). 26 (10) Open top vapor degreasers with an open area smaller than 27 one square meter (10.8 square feet) are exempt from R307-335-5(2) (b) 28 and (d)

. 29 30 R307-335-6. Conveyorized Degreasers. 

### 31 Owners and operators of conveyorized degreasers shall, in 32 addition to meeting the requirements of R307

- 335-4 (3), (4) and (5) 33 and R307-335-5(5): 34 (1) Install one of the following control devices for conveyorized 35 degreasers with an air/vapor interface equal to or greater than two 36 square meters (21. 5 square feet) : 37 (a) Refrigerated chiller; or 38 (b) Carbon adsorption system, with ventilation greater than or 39 equal to 15 cubic meters per minute per square meter (50 cubic feet 40 per minute per square foot) of air/vapor area when downtime covers 41 are open, and exhausting less than 25 parts per million of solvent, 42 by volume, averaged over a complete adsorption cycle. 43 (2) Equip the cleaner with equipment, such as a drying tunnel 44 or rotating (tumbling) basket, sufficient to prevent cleaned parts 45 from carrying out solvent liquid or vapor. 46 (3) Provide downtime covers for closing off the entrance and 4 7 exit during shutdown hours

. Ensure that down

- t irne cover is placed over 48 entrances and exits of conveyorized degreasers immediately after the 49 conveyor and exhaust are shut down and is removed just before they 50 are started up. 51 (4) Minimize carryout emissions by racking parts for best 52 drainage and maintaining the vertical conveyor speed at less than 3.3

CPR-5

### R307-335 October 23, 2013 Page 4 of 5

1 meters per**m~nute** 

### (11 feet per minute)

. 2 (5) Minimize openings: Entrances and exits should silhouette 3 work loads so that the average clearance (between parts and the edge 4 of the degreaser opening) is either less than 10 em (4 inches) or less 5 than 10% of the width of the opening. 6 (6) Install safety switches on the following: 7 (a) Condenser flow switch and thermostat

- shuts off sump heat 8 if coolant is either not circulating or too warm; 9 (b) Spray switch

- shuts off spray pump or conveyor if the vapor 10 level drops excessively, i.e., greater than 10 em or (4 inches); and 11 (c) Vapor level control thermostat

- shuts off sump level if 12 vapor level rises too high. 13 (7) Ensure that solvent is not visibly detectable in the water 14 exiting the water separator. 15 16 

### R307-335-7. Industrial Solvent Cleaning. 

### 17 (1) Exemptions. The requirements of R307-335-7 do not apply to 18 aerospace, wood furniture, shipbuilding and repair, flat wood 19 paneling, large appliance, metal furniture, paper film and foil, 20 plastic parts, miscellaneous metal parts coatings and light autobody 21 and truck assembly coatings, flexible packaging, lithographic and 22 letterpress printing materials, fiberglass boat manufacturing 23 materials, [electrical and electronic components 

### Jand operations that 24 are exclusively covered by Department of Defense military technical 25 data and performed by a Department of Defense contractor and/or on 26 site at installations owned and/or operated by the United States Armed 27 Forces. 28 (2) Operators of industrial solvent cleaning that emit 15 pounds 29 of VOCs or more per day from industrial solvent cleaning operations, 30 shall reduce VOC emissions from the use, handling, storage, and 31 disposal of cleaning solvents and shop towels by implementing the 32 following work practices: 33 (a) Covering open containers; and 34 (b) Storing used applicators and shop towels in closed fire proof 35 containers. 3 6 (3) Owners or operators of industrial solvent cleaning operations 37 shall limit VOC emissions by either: 38 (a) Using cleaning solutions with vapor pressure less than or 39 equal to eight millimeters of mercury (mm Hg) at 20 degrees C; 40 (b) Using solvents with a VOC content**[~]2.49** 

### pounds per 41 gallon or less; or 42 (c) Installing an emission control system designed to have an 43 overall control efficiency of at least 85%. 44 45 R307-335-8. Emission Control Systems. 

### 46 (1) The owner or operator of a control device shall maintain 47 certification from the manufacturer that the emission control system 48 will attain at least 85% overall efficiency performance and make the 49 certification available to the director upon request. 50 (2) Emission control systems shall be operated and maintained 51 in accordance with the manufacturer recommendations to maintain at 52 least 85% overall efficiency performance. The owner or operator shall

CPR-61 2 3 4 5 6 7 8 9 

### 10 11 

### 12 13 14 

### 15 16 

### 17 18 

### R307-335 October 23, 2013 Page 5 of 5

maintain for a minimum of two years records of operating and maintenance sufficient to demonstrate that the equipment is being operated and maintained in accordance with the manufacturer recommendations.

R307-335-9. Recordkeeping. 

### The owner or operator shall maintain, for a minimum of two years, records of the solvent VOC content applied and the physical characteristics that demonstrate compliance with R307-335.

R307-335-10. Compliance Schedule. 

### (1) 

### All sources [defined ]shall be**R307-335-[~]2** 

### [shall be in compliance [September]June 1,**201[~]~.** 

### in compliance with R3 07 335 

### with ]by

KEY: air pollution, degreasing, solvent cleaning Date of Enactment or Last Substantive Amendment: [January 1, ]2013 Notice of Continuation: February 1, 2012 Authorizing, and Implemented or Interpreted Law: 19-2-104(1) (a}

CPR-7DAR File No

. 38071

(i) The operation shall not be allowed to participate · ACES_[**eertifiet~titln** I'**]I~rogram** for**~2)** years

. 

### [fW}JM If an operation denies the [d)Qe artment

access to a site visit and/or review ofrecords**[~~-ftt'tem~Dts--fefte** tlf

..h:ieh is**b~** eertifieE! letter), ]the Commission shal revoke the certification

. [f-H1).(U} If the operation is sold and/. r under new management. the current certification shall be re oked.[ and the



### . .

KEY environment, stewardships, certifications Dat ofEnactment or Last Substantive Amendment: 2014 A

. orizing, and Implemented or Interpreted Law: 4-18-107



## Environmental Quality, Air Quality 

## R307-335 Degreasing and Solvent Cleaning Operations

UTAHSI'ATE BULLETIN
, April 01
, 2014, Vol. 2014
, No

. 7 NOTICES OF CHANGES IN PROPOSED RULES

NOTICE OF CHANGE IN PROPOSED RULE (SECOND) DAR FILE NO

. : 37849

FILED: 03/06/2014

RULE ANALYSIS PURPOSE OF THE RULE OR · REASON FOR THE CHANGE: During the public comment period, several industries, including the electronic cleaning industry, medical device industry, and the graphic imaging industry, submitted comments stating the difficulty they would have meeting the

· proposed 2.49 lblgal general VOC content limit. After

evaluation of these comments and further stakeholder work, it was decided that a more appropriate approach would be to establish industry specific solvent cleaning · VOC-content

· limits instead of a general limit that applied across the board

. · to all industries.

SUMMARY OF THE RULE OR CHANGE : Section R307- 335-7 is changed by adding a table that includes solvent cleaning VOC limits for specific industries

. Those industries not specificaHy listed in the table are required to meet the general miscellaneous cleaning

. VOC-content limit and the general surface cleaning limit listed in the table. The compliance schedule in Section R307

-335-10 is also changed from 06/01/2014 to 07/01/2014. (DAR NOTE : This is the second change in proposed rule (CPR) for Rule R307-335. The original proposed amendment upon which the first CPR

was based was published in the August 1, 2013, issue of the Utah State Bulletin, on page 23. The first CPR upon which this second CPR is based was published in the December 1, 2013
, issue of the Utah State Bulletin, on page 54

. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike out indicates text that has been deleted. You must view the first CPR

, the second CPR, and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

STATUTORY OR CONSTITUTIONALAUTHORIZAJ:ION FOR THIS RULE: Subsection 19-2-104(1)(a)

ANTICIPATED COST OR SAVINGS TO : + THE STATE BUDGET: Because the changes made to the rule do not create any new requirements for the state, there
are no anticipated costs or savings to the state budget.

+ LOCAL GOVERNMENTS : Because the changes made to the rule do not create any new requirements for

·local government, there are no anticipated costs or savings to

. local government. 

### +SMALL BUSINESSES : By increasing the VOC content limit various industries can use, small businesses from those industries may see a slight savings. However, those savings should be r:ninimal as solvent cleaners are generally · competitively priced. The increased VOC content limit is
more of an issue of allowing specific industries to maintain a high level of product quality, while still reducing VOC emissions from solvent cleaning operations

.

85

CPR-8NOTICES OF CHANGES IN PROPOSED RULES



### + PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES

, OR LOCAL GOVERNMENTAL ENTITIES: Because the revisions to not create new requirements for persons other than small businesses
, businesses, or local government entities, there are no anticipated costs or savings.

COMPLIANCE COSTS FOR AFFECTED PERSONS : By increasing the VOC content limit various industries can use , businesses from those industries may see a slight savings. However, those savings should be minimal as solvent cleaners are generally competitively priced. If an owner or operator chooses to use industrial solvent cleaners that don't meet the VOC content limits and instead installs an emissions control system, the cost would be approximately $1,640 per ton of VOC removed.

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: By increasing the VOC content limit various industries can
use , businesses from those industries may see a slight savings. However, those savings should be minimal as solvent cleaners are generally competitively priced. If an
owner or operator chooses to use industrial solvent cleaners that don't meet the VOC content limits and instead installs an emissions control system, the cost would be approximately $1 ,640 per ton of VOC removed.

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURING REGULAR BUSINESS HOURS

, AT: ENVIRONMENTAL QUALITY AIR QUALITY FOURTH FLOOR 195 N 1950 W SALT LAKE CITY, UT 84116-3085

or at the Division ofAdministrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO:
+ Mark Berger by phone at 801-536-4000
, by FAX at 801- 536-0085, or by Internet E-mail at mberger@utah.gov

THIS RULE MAY BECOME EFFECTIVE ON : 05/01/2014

AUTHORIZED BY: Bryce Bird, Director

R307. Environmental Quality, Air Quality. R307-335. Degreasing and Solvent Cleaning Operations. R307-335-1. Purpose. The purpose of this rule is to limit volatile organic compound (VOC) emission from degreasing and solvent cleaning operations.

R307-335-2. Applicability. R307-335 applies to all degreasing or solvent cleaning operations that use VOCs and that are located in PMlO and PM2.5 nonattainment and maintenance plan areas as defmed in 40 CFR 81.345 (July 1, 2011)

.

86 DAR File No

. 37829

R307-335-3. Def"mitions. The following additional defmitions apply to R307-335: "Batch open top vapor degreasing" means the batch process of cleaning and removing grease and soils from metal surfaces by condensing hot solvent vapor on the colder metal parts. "Cold cleaning" means the batch process of cleaning and removing soils from metal surfaces by spraying, brushing, flushing or immersing while maintaining the solvent below its boiling point "Conveyorized degreasing" means the continuous process of cleaning and removing greases and soils from metal surfiices by using either cold or vaporized solvents

. "Department of Defense military technical data" means a specification that specifies design requirements, such as materials to be used, how a requirement is to be achieved, or how an item· is to be fabricated or constructed

. "Freeboard ratio" means the freeboard height (distance between solvent line and top of container)divided by the width ofthe degreaser

. "Industrial solvent cleaning" means operations performed using a liquid that contains any VOC
, or combination ofVOCs, which is used to clean parts, tools, machinery, equipment and work areas

. Cleaning operations include
, but are not limited to, spraying, wiping, flushing, and purging

. "Open top vapor degreaser" means the batch process of cleaning and removing soils from metal surfaces by condensing low solvent vapor on the colder metal parts

. "Separation operation" means any process that separates a mixture of compounds and solvents into two or more components

. Specific mechanisms include extraction, centrifugation, filtration, and crystallization

. "Solvent metal cleaning" means the process ofcleaning soils from ·metal surfaces by cold cleaning, open top vapor degreasers
, or conveyorized degreasing.

R307-335-4. Cold Cleaning Facilities. No owner or operator shall operate a degreasing or solvent cleaning operation unless conditions in R307-335-4(1) through (7) are met (1) A cover shall be installed which shall remain closed except during actual loading, unloading or handling ofparts in cleaner

. The cover shall be designed so that it can be easily operated with one

. hand if: (a) The volatility of the solvent is greater than 2 kPa (15

mm Hg or 0.3 psi) measured at 38 degrees C (100 degrees F)
, (b) The solvent is agitated, or (c) The solvent is heated. (2) An internal draining rack for cleaned parts shall be installed on which parts shall be drained until all dripping ceases

. Ifthe volatility of the solvent is greater than 4

.3 kPa (32 mm Hg at 38 degrees C (100 degrees F))
, the drainage facility must be internal, so that parts are enclosed under the cover while draining. The drainage

. facility may be external for applications where an internal type cannot fit into the cleaning system. (3) Waste or used solvent shall be stored in covered containers

. (4) Tanks
, containers and all associated equipment shall be maintained in good operating condition, and leaks shall be repaired immediately or the degreaser shall be shutdown

.

UTAHSI'ATE BULLETIN, April 01, 2014, Vol. 2014
, No.7

CPR-9DAR File No

. 37829

(5) Written procedures for the operation and maintenance of the degreasing or solvent cleaning equipment shall be permanently posted in an accessible and conspicuous location near

. the equipment (6) Ifthe solvent volatility is greater than 4.3 kPa (33 mm Hg or 0.6 psi) measured at 38 degrees C (100 degrees F); or if solvent is heated above 50 degrees C (120 degrees F)
, then one of the following control devices shall

. be used: (a) Freeboard that gives a freeboard ratio greater than 0

.7; (b) Water cover if the solvent is insoluble in and heavier than water); or (c) Other systems of equivalent control, such 

# as a refrigerated chiller or carbon adsorption

. (7) Ifused, the solvent spray shall be a solid fluid stream at

a pressure that does not cause excessive splashing and may not be a fine
, atomized or shower type spray

.

R307-33>S. Open Top Vapor Degreasers. Owners or operators of open top vapor degre!l!!ers shall
, in addition to meeting the requirements ofR307-335-4(3), (4) and (5)
, ( 1) Equip the vapor degreaser with a cover that can be opened and closed without disturbing the vapor zone

. The cover shall be closed except when processing work**loa~** through the degreaser; (2) Install one ofthe following control devices : (a) Equipment necessary to sustain : (i) A freeboard ratio greater than or equal to 0.75
, and (ii) A powered cover i{the degreaser opening is greater than 1 square meter (10

.8 square feet)
, (b) Refrigerated chiller , (c) Enclosed desigo (cover or door opens only when the dry part is actually entering or exiting the degreaser)
, (d) Carbon adsorption system, with ventilation greater than

or equal to 15 cubic meters per minute per square meter (50 cubic feet per minute per square foot) of air/vapor area when cover is open and exhausting less than 25 parts per million ofsolvent averaged over one complete adsorption cycle; (3) Minimize solvent carryout by: (a) Racking parts to allow complete drainage
, (b) Moving parts in and out ofthe degreaser at less than 3.3
meters per minute ( 11 feet per minute)
, (c) Holding the parts in the vapor zone at least 30 seconds

or until condensation ceases, (d) Tipping out any pool of solvent on the cleaned parts before removal, and (e) Allowing the parts to dry within the degreaser for at least 15 seconds or until visibly dry. (4) Spray parts only in or below the vapor level ;

· (5) Not use ventilation fans near the degreaser opening
, nor provide exhaust ventilation exceeding 20 cubic meters per minute per square meter (65 cubic feet per minute per square foot) in degreaser
open area, unless necessary to meet state and federal occupational, health, and safety requirements. (6) Not degrease porous or absorbent materials, such as cloth, leather
, wood or rope; (7) Not allow work loads to occupy more than half of the degreaser's open top area; (8) Ensure that solvent is not visually detectable in water exiting the water separator; (9) Install safety switches on the following:

UTAH STATE BULLETIN, April 01
, 2014
, Vol. 2014, No

. 7 NOTICES OF CHANGES lN PROPOSED RULES

(a) Condenser flow switch and thermostat (shuts off sump heat ifcondenser coolant is either not circulating or too warm) ; and (b) Spray switch (shuts off spray pump if the vapor level drops excessively
, i

.e., greater than 10 ern ( 4 inches)

. ·- (10) Open top vapor degreasers with an open area smaller than one square meter (10

.8 square feet) are e xempt from R307-335- 5(2Xb) and (d).

R307-335-6. Conveyorized Degreasers. Owners and operators of conveyorized degreasers shall
, in addition to meeting the requirements ofR307-335-4(3), (4) and (5) and R307-335-5(5) :

. (1) Install one of the following control devices for conveyorized degreasers with an air/vapor interface equal to or greater than two square meters (21.5 square feet) : (a) Refrigerated chiller; or (b) Carbon adsorption system, with ventilation greater than

or equal to 15 cubic meters per minute per square meter (50 cubi c feet per minute per square foot) of air/vapor area when downtime covers

are open, and exhausting**I~** than : :t5 parts

.per million of solvent, by volume
, averaged over a complete adsorption cycle

. (2) Equip the cleaner with equi pment, such as a drying tunnel or rotating (tumbling) basket, sufficient to prevent cleaned parts from carrying out solvent liquid or vapor. · (3) Provide downtime covers for closing off the entrance and exit during shutdown hours

. Ensure that down-time cover is placed

over entrances and exits ofconveyorized degreasers immediately after the conveyor and exhaust are shut down and is removed just before they are started up

. (4) Minimize carryout emissions by racking parts for best drainage and maintaining the vertical conveyor speed at less than 3.3
meters per minute ( 11 feet per minute)

. (5) Minimize openings : Entrances and exits should silhouette work loads so that the average clearance (between parts and the edge ofthe degreaser opening) is either less than 10 ern (4 inches)

or less than 10% ofthe width ofthe opening

. (6) Instail safety switches on the following: (a) Condenser flow switch

. and thermostat.- shuts off sump heat ifcoolant is either not circulating or too warm; (b) Spray switch- shuts off spray pump or conveyor ifthe vapor level drops excessively
, i.e
., greater than 10 em or (4 inches);**~d** . (c) Vapor level control thermostat- shuts off sump level if
vapor level rises too high

. (7) Ensure that solvent is not visibly detectable in the water exiting the water separator.

R307-33>.7. Industrial Solvent Cleaning. (1) Exemptions. The requirements of R307-335-7 do not apply to aerospace, wood furniture, shipbuilding and repair
, flat wood paneling, targe appliance
, metal furniture, paper film and foil
, plastic parts, miscellaneous metal parts coatings and light autobody and truck assembly coatings, flexible packaging,· lithographic and letterpress printing materials, fiberglass boat manufacturing materials
, and operations that are exclusively covered by Department of Defense military technical data and performed by a Department of Defense
contractor and/or on site at installations owned and/or operated by the United States Armed Forces

.

87



### CPR -10NOTICES OF CHANGES IN PROPOSED RULES

(2) Operators of industriat solvent cleaning that emit 15 pounds of VOCs or more per day from industrial solvent cleaning operations
, shall reduce VOC emissions from the use, handling, storage, and disposal of cleaning solvents and shop towels by implementing the following work practices:

· (a) Covering Qpen containers; and (b) Storing used applicators and shop towels in closed fire proof**containers[ ].**  and (["k) [0l'l!lers or opemters of**indt~:ftrial** sel o'eM elellfling epel'ftt:iens**sna!II]Limit~** 

### voc emissions by either: ([a]i) [Using elelllling**sel11~iens** wilh o·aper presSIIre less than er eqttal te**ei~ millim~ers**  ef merew, (mm Ilg) at 29 degrees €;- ----i('bb)t-]Using solvents with a VOC [eenteM ef2.49 pell!lds per gallen er less)limit in Table 1; or ([e]ii) Installing an emission control system designed to have an overall control efficiency ofat least 85%.

I.ru!!.U Solvent Cleanina yoc LiMi ts

Solvent C l eanjna Category VOC lj!lit Ob/ga!l Coat1nas. adhes1ves an<! ink**~~anyfacturina** 4

. 2 Electronic parts and CQII)onents 4

. 2 G eneral • i scellaneous cleaning 2

. 5 Medjcal devices and phamaceutical Tool s

. eoyjpment and 11achinerv 6,7 General surface cleaning 5.0 Screening ori nti ng operations 4

. 2 DAR File No

. 37829

R307-335-8.. Emission Control Systems. ( 1) The owner or operator ofa control device shall maintain certification from the manufacturer that the emission control system will attain at least 85% overall efficiency perfonnance and make ihe certification available to the director upon request (2) Emission control systems shall be operated and maintained in accordance with

. the manufacturer recommendations to maintain at least 85% overall efficiency perfonnance. The owner or operator shall maintain for a minimum of two years records of operating and maintenance sufficient to demonstrate that the equipment is being operated and maintained in accordance with the manufacturer recommendations.

R307-335-9. Recordkeeping. The owner or operator shall maintain, for a minimum oftwo years., records of the solvent VOC content applied and the physical characteristics that demonstrate compliance with R307-335

.

R307-335-10. Compliance Schedule. (I) All sources shall be in compliance with R307-335-7 by**[Jtme)~** 1
, 2014

.

KEY: air pollution, degreasing, solvent cleaning Date ofEnactment or Last SubstantiveAmendment: 2014 Notice ofContinuation: February 1, 2012 Authorizing, and Implemented or Interpreted Law: 19-2-104(1) (a)

End of the Notices of Changes in Proposed Rules Section

88 UTAHSTATE BULLETIN, April 01
, 2014
, Vol. 2014
, No.7

CPR

- 1 1

### R307-335 February 11, 2014

1 

### R307. Environmental Quality, Air Quality. 2 

### R307-335. Degreasing and Solvent Cleaning Operations. 3 

### R307-335-l. Purpose. 

### Page 1 of 5

4 The purpose of this ruie is to limit volatile organic compound 5 (VOC) emission from degreasing and solvent cleaning operations. 6 

### 7 R307-335-2. Applicability. 

### 8 R307-335 applies to all degreasing or solvent cleaning operations 9 that use VOCs and that are located in PMlO and PM2.5 nonattainment 10 and maintenance plan areas as defined in 40 CFR 81.345 (July 1, 2011)

. 11 12 R307-335-3. Definitions. 

### 13 The following additional definitions apply to R307-335: 14 "Batch open top vapor degreasing" means the batch process of 15 cleaning and removing grease and soils from metal surfaces by 16 condensing hot solvent vapor on the colder metal parts. 17 "Cold cleaning" means the batch process of cleaning and removing 18 soils from metal surfaces by spraying, brushing, flushing or immersing 19 while maintaining the solvent below its boiling point. 20 "Conveyorized degreasing" means the continuous process of 21 cleaning and removing greases and soils from metal surfaces by using 22 either cold or vaporized solvents. 23 "Department of Defense military technical data" means a 24 specification that specifies design requirements, such as materials 25 to be used, how a requirement is to be achieved, or how an item is 26 to be fabricated or constructed. 27 "Freeboard ratio" means the freeboard height (distance between 28 solvent line and top of container) divided by the width of the degreaser. 29 "Industrial solvent cleaning" means operations performed using 30 a liquid that contains any VOC, or combination of VOCs, which is used 31 to clean parts, tools, machinery, equipment and work areas. Cleaning 32 operations include, but are not limited to, spraying, wiping, flushing, 3 3 and purging

. · 34 "Open top vapor degreaser" means the batch process of cleaning 35 and removing soils from metal surfaces by condensing low solvent vapor 3 6 on the colder metal parts. 37 "Separation operation" means any process that separates a mixture 38 of compounds and solvents into two or more components

. Specific 39 mechanisms include extraction, centrifugation, filtration, and 40 crystallization. 41 "Solvent metal cleaning" means the process of cleaning soils from 42 metal surfaces by cold cleaning, open top vapor degreasers, or 43 conveyorized degreasing. 44 45 R307-335-4. Cold Cleaning Facilities. 

### 46 No owner or operator shall operate a degreasing or solvent 47 cleaning operation unless conditions in R307-335-4 (1) through (7) are 48 met. 49 (1) A cover shall be installed which shall remain closed except 50 during actual loading, unloading or handling of parts in cleaner. 51 The cover shall be designed so that it can be easily operated with 52 one hand if:

CPR

- 1 2

### R307-335 February 11, 2014 Page 2 o-f 5

1 (a) The volatility of the solvent is greater than 2 kPa (15 mm 2 Hg or 0.3 psi) measured at 38 degrees C (100 degrees F), 3 (b) The solvent is agitated, or 4 (c) The solvent is heated. 5 (2) An 

### internal draining rack for cleaned parts shall be 6 installed on which parts shall be drained until all dripping ceases. 7 If the volatility of the solvent is greater than 4.3 kPa (32 mm Hg 8 at 38 degrees C (100 degrees F))
, the drainage facility must be 9 internal, so that parts are enclosed under the cover while draining. 10 The drainage facility may be external for applications where an 11 internal type cannot fit into the cleaning system. 12 (3) Waste or used solvent shall be stored in covered containers. 13 (4) Tanks, containers and all associated equipment shall be 14 maintained in good operating condition, and leaks shall be repaired 15 immediately or the degreaser shall be shutdown. 16 (5) Written procedures for the operation and maintenance of the 17 degreasing or solvent cleaning equipment shall be permanently posted 18 in an accessible and conspicuous location near the equipment. 19 (6) If the solvent volatility is greater than 4

. 3 kPa (33 mm 20 Hg or 0. 6 psi) measured at 38 degrees C (100 degrees F), or if solvent 21 is heated above 50 degrees C (120 degrees F), then one of the following 22 control devices shall be used: 23 (a) Freeboard that gives a freeboard ratio greater than 0.7; 24 (b) Water cover if the solvent is insoluble in and heavier than 25 water) ; or 26 (c) Other systems of equivalent control, such as a refrigerated 27 chiller or carbon adsorption. 28 (7) If used, the solvent spray shall be a solid fluid stream 29 at a pressure that does not cause excessive splashing and may not be 30 a fine, atomized or shower type spray. 31 32 R307-335-5. Open Top Vapor Degreasers. 

### 33 Owners or operators of open top vapor degreasers shall, in 34 addition to meeting the requirements of R307-335-4(3), (4) and (5), 35 (1) Equip the vapor degreaser with a cover that can be opened 3 6 and closed without disturbing the vapor zone. The cover shall be closed 37 except when processing work loads through the degreaser; 38 (2) Install one of the following control devices: 39 (a) Equipment necessary to sustain: 40 (i) A freeboard ratio greater than or equal to 0.75, and 41 (ii) A powered cover if the degreaser opening is greater than 42 1 square meter (10.8 square feet), 43 (b) Refrigerated chiller, 44 (c) Enclosed design (cover or door opens only when the dry part 45 is actually entering or exiting the degreaser), 46 (d) Carbon adsorption system, with ventilation greater than or 47 equal to 15 cubic meters per minute per square meter (50 cubic feet 48 per minute per square foot) of air/vapor area when cover is open and 49 exhausting less than 25 parts per million of solvent averaged over 50 one complete adsorption cycle; 51 (3) Minimize solvent carryout by: 52 (a) Racking parts to allow complete drainage,

CPR -13

### R307-335 February 11, 2014 Page 3 of 5

1 (b) Moving parts in and out of the degreaser at less than 3.3 2 meters per minute (11 feet per minute), 3 (c) Holding the parts in the vapor zone at least 30 seconds or 4 until condensation ceases, 5 (d) Tipping out any pool of solvent on the cleaned parts before 6 removal, and

. 7 (e) Allowing the parts to dry within the degreaser for at least 8 15 seconds or until visibly dry. 9 (4) Spray parts only in or below the vapor level; 10 (5) Not use ventilation fans near the degreaser opening, nor 11 provide exhaust ventilation exceeding 20 cubic meters per minute per 12 square meter (65 cubic feet per minute per square foot) in degreaser 13 open area, unless necessary to meet state and federal occupational, 14 health, and safety requirements. 15 (6) Not degrease porous or absorbent materials, such as cloth, 16 leather, wood or rope; 17 (7) Not allow work loads to occupy more than half of the 18 degreaser's open top area; 19 (8) Ensure that solvent is not visually detectable in water 20 exi

.ting the water separator; 21 (9) Install safety switches on the following: 22 (a) Condenser flow switch and thermostat (shuts off sump heat 23 if condenser coolant is either not circulating or too warm); and 24 (b) Spray switch (shuts off spray pump if the vapor level drops 25 excessively, i.e., greater than 10 em (4 inches). 26 (10) Open top vapor degreasers with an open area smaller than 27 one square meter (10.8 square feet) are exempt from R307-335-5(2) (b) 28 and (d)

. 29 30 R307-335-6. Conveyorized Degreasers. 

### 31 Owners and operators of conveyorized degreasers shall, in 32 addition to meeting the requirements of R307-335-4 (3), (4) and (5) 33 and R307-335-5 (5) :

. 34 (1) Install one of the following control devices for conveyorized 35 degreasers with an air/vapor interface equal to or greater than two 36 square meters (21.5 square feet): 37 (a) Refrigerated chiller; or 38 (b) Carbon adsorption system, with ventilation greater than or 39 equal to 15 cubic meters per minute per square meter (50 cubic feet 40 per minute per square foot) of air/vapor area when downtime covers 41 are open, and exhausting less than 25 parts per million of solvent, 42 by volume, averaged over a complete adsorption cycle. 43 (2) Equip the cleaner with equipment, such as a drying tunnel 44 or rotating (tumbling) basket, sufficient to prevent cleaned parts 45 from carrying out solvent liquid or vapor. 46 (3) Provide downtime covers for closing off the entrance and 47 exit during shutdown hours. Ensure that down-time cover is placed over 48 entrances and exits of conveyorized degreasers immediately after the 49 conveyor and exhaust are shut down and is removed just before they 50 are started up. 51 (4) Minimize carryout emissions by racking parts for best 52 drainage and maintaining the vertical conveyor speed at less than 3.3

CPR -141 

### 2 3 4 5 6 7 8 9 

### 10 11 

### 12 13 

### 14 15 16 17 18 19 

### 20 21 22 23 

### 24 25 26 27 28 

### 29 

### 30 31 32 33 34 

### 35 36 

### 37 38 39 

### 40 41 42 43 

### 44 45 46 47 48 49 

### 50 51 52 

### R307-335 February 11, 2014 Page 4 of 5

meters per minute (11 feet per minute)

. (5) Minimize openings: Entrances and exits should silhouette work loads so that the average clearance (between parts and the edge of the degreaser opening) is either less than 10 em (4 inches) or less than 10% of the width of the opening. (6) Install safety switches on the following: (a) Condenser flow switch and thermostat

- shuts off sump heat if coolant is either not circulating or too warm; (b) Spray switch

- shuts off spray pump or conveyor if the vapor level drops excessively, i.e., greater than 10 em or (4 inches); and (c) Vapor level control thermostat

- shuts off sump level if vapor level rises too high. (7) Ensure that solvent is not visibly detectable in the water exiting the water separator.

R307-335-7. Industrial Solvent Cleaning. (1) Exemptions. The requirements of R307

- 335-7 do not apply to aerospace, wood furniture, shipbuilding and repair, flat wood paneling, large appliance, metal furniture, paper film and foil, plastic parts, miscellaneous metal parts coatings and light autobody and truck assembly coatings, flexible packaging, lithographic and letterpress printing materials, fiberglass boat manufacturing materials, and operations that are exclusively covered by Department of Defense military technical data and performed by a Department of Defense contractor and/or on site at installations owned and/or operated by the United States Armed Forces. (2) Operators of industrial solvent cleaning that emit 15 pounds of VOCs or more per day from industrial solvent cleaning operations, shall reduce VOC emissions from the use, handling, storage, and disposal of cleaning solvents and shop towels by implementing the following work practices: (a) Covering open containers; and (b) Storing used applicators and shop towels in closed fire proof containers[-:-], and ( [-3-] 

### c) [Qr,mers or operators of industrial solvent cleaning operations shall**l]~imiting** 

## voc emissions by either: ( [a] 

### i) [Using cleaning solutions with vapor pressure less than

or equal to eight millimeters of mercury (mm IIg) at 20 degrees C,**-----1(tb~)--]Using** 

### solvents wi th a VOC [content 2.49 

### pounds per gallon

or less]limit in Table 1; or ([e]ii) Installing an emission control system designed to have

an overalr-control efficiency of at ·least 85%.

TABLE 1 Solvent Cleaning VOC Limits

Solvent Cleaning Category Coatings, adhesives 

### & ink manufacturing Electronic parts 

### & components General miscellaneous cleaning Medical devices and pharmaceutical Tools, equipment 

### & machinery VOC Limit (lb/gal) 4.2 4.2 2.5

6.7

CPR

- 15

### 1 2 3 4 

### R307-335 February 11, 2014

General surface cleaning Screening printing operations

5 

### R307-335-8. Emission Control Systems. 

### Page 5 of 5

5.0 4.2

6 (1) The owner or operator of a control device shall maintain 7 certification from the manufacturer that the emission control system 8 will attain at least 85% overall efficiency performance and make the 9 certification available to the director upon request. 10 (2) Emission control systems shall be operated and maintained 11 in accordance with the manufacturer recommendations to maintain at 12 least 85% overall efficiency performance. The owner or operator shall 13 maintain for a minimum of two years records of operating and maintenance 14 sufficient to demonstrate that the equipment is being operated and 15 maintained in accordance with the manufacturer recommendations. 16 

### 17 R307-335-9. Recordkeeping. 

### 18 The owner or operator shall maintain, for a minimum of two years, 19 records of the solvent VOC content applied and the physical 20 characteristics that demonstrate compliance with R307-335. 21 22 

### R307 -335-10. Compliance Schedule·. 

### 23 (1) All sources shall be in compliance with R307-335-7 by 24 [dtffie]July 1, 2014. 25 26 

### KEY: air pollution, degreasing, solvent cleaning 

### 27 Date of Enactment or Last Substantive Amendment: 2014 28 

### Notice of Continuation: February 1, 2012 29 

### Authorizing, and Implemented or Interpreted Law: 19-2-104{1) {a)

CPR- 16NOTICES OF CHANGES IN PROPOSED RULES



## Environmental Quality, Air Quality 

## R307-335 Degreasing and Solvent Cleaning Operations

NOTICE OF CHANGE IN PROPOSED RULE (THIRD) DAR FILE NO.: 37829

. FILED : 04/02/2014

RULE ANALYSIS PURPOSE OF THE RULE OR REASON FOR THE CHANGE : After the public comment period for the Change in Proposed Rule for Rule R307-335 (DAR No. 37829)

, the Division of Air Quality (DAQ) received a petition from IM Flash Technologies petitioning to amend Rule R307-335 by setting
a VOC content limit of 6

.7 pounds per gallon for semiconductor tools, maintenance, and equipment cleaning. This limit is necessary because they must use 100% isopropyl alcohol in their clean room operations in order to eliminate moisture on sensitive surfaces without leaving a residue and to ensure a quality product

. DAQ staff evaluated this request and have found it to be reasonable, as the 6

.7 pound per gallon proposed limit is consistent with other air district rules and the use of 100% isopropyl alcohol is the the industry standard for this type of cleaning

.
SUMMARY OF THE RULE OR CHANGE : Table 1 is amended by adding a new category for semiconductor tools maintenance and equipment cleaning with a VOC-content limit for it of 6

.7 pounds per gallon

. (DAR NOTE : This is the third change in proposed rule (CPR) for Rule R307-335

. The original proposed amendment upon which the first CPR was based was published in the August 1, 2013
, issue of the Utah State Bulletin, on page 23. The first CPR upon which the second CPR was based was published in the December 1, 2013, issue of the Utah State Bulletin, on page 54. The second CPR upon which this third CPR is based was published in the April1, 2014, issue of the Utah State Bulletin,
on page 85

. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above ; strike out indicates text that has been deleted

. You must view the first CPR, the second CPR, the third CPR

, and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS RULE : Subsection 19-2-104(1)(a)

ANTICIPATED COST OR SAVINGS TO : + THE STATE BUDGET: Because there are no new requirements for the

.state, there are no anticipated costs or savings to the state budget.

46 DAR File No

. 37829

+ LOCAL GOVERNMENTS : Because there are no new requirements to local government
, there are no anticipated costs or savings. 

### + SMALL BUSINESSES : This amendment allows for the continued use of solvent cleaning processes currently used by industry; therefore, there is no anticipated costs or savings to small businesses

. 

### + PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES : Because this amendment only affects those businesses that
use solvents for semiconductor tools

, maintenance, and equipment cleaning

, there are no anticipated costs or savings to persons other than small businesses, businesses

, or local government entities

.
COMPLIANCE COSTS FOR AFFECTED PERSONS : While the amendment affects what kinds of solvents affected persons may use , it does not affect the cost of compliance because it permits the continued use of an industry standard.

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES : This amendment should not have a fiscal impact on businesses

. It sets an industry specific VOC content limit for semiconductor tools, maintenance and cleaning operations that will allow industry to use 100% isopropyl alcohol.

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURING REGULAR BUSINESS HOURS, AT: ENVIRONMENTAL QUALITY AIR QUALITY FOURTH FLOOR 195 N 1950W SALT LAKE CITY

, UT 84116-3085
or at the Division ofAdministrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO :
+ Mark Berger by phone at 801-536-4000
, by FAA at 801- 536-0085
, or by Internet E-mail at mberger@utah

.gov

THIS RULE MAY BECOME EFFECTIVE ON : 06/0212014

AUTHORIZED BY: Bryce Bird, Director

R307. Environmental Quality, Air Quality. R307-335. Degreasing and Solvent Cleaning Operations. R307-335-1. Purpose. The purpose of this rule is to limit volatile organic

compowtd (VOC) emission from degreasing and solvent cleaning operations

.
R307-335-l. Applicability. R307-335 applies to all degreasing or solvent cleaning operations that use VOCs and that are located in PMI0 and PM2

.5 nonattainment and maintenance plan areas as defined in 40 CFR 81.345 (July I
, 2011)

. ·

UTAH STATE BULLETIN, May 01
, 2014, Vol. 2014
, No

. 9

CPR -17DAR File No

. 37829

R307-335-3. Definitions. The following additional definitions apply to R307-335 : "Batch open top vapor degreasing" means the batch process of cleaning and removing grease and soils from metal surfaces by condensing hot solvent vapor on the colder metal·parts. "Cold cleaning" means the batch process of cleaning and removing soils from metal surfaces by spraying, brushing, flushing or immersing while maintaining the solvent below its boiling point "Conveyorized degreasing" means the continuous process of cleaning and removing greases and soils from metal surfaces by using either cold or vaporized solvents. "Department of Defense military technical data" means a specification that specifies design requirements, such as materials to be used, how a

.requirement is to be achieved, or how an item is to be fabricated or constructed

. "Freeboard ratio" means the freeboard height (distance between solvent line and top of container)divided by the width ofthe degreaser

. "Industrial solvent cleaning" means operations performed using a liquid that contains any VOC
, or combination ofVOCs, which is used to clean parts, tools, machinery, equipment and work areas. Cleaning operations include
, but are not limited to, spraying, wiping, flushing, and purging

. "Open top vapor degreaser" means the batch process of cleaning and removing soils from metal surfaces

· by condensing low solvent vapor on the colder metal parts. "Separation operation" means any process that separates a mixture of compounds and solvents into two or more components. Specific mechanisms include extraction, centrifugation, filtration; and crystallization

. "Solvent metal cleaning" means the process ofcleaning soils from metal surfaces by cold cleaning, open top vapor degrelisers
, or conveyorized degreasing.

R307-335-4. Cold Cleaning Facilities. No owner or operator shall operate a degreasing or solvent cleaning operation unless conditions in R307-335-4(1) through (7) are met (1) A cover shall be installed which shall remain closed except during actual loading, unloading or handling ofparts in cleaner. The cover shall be designed so that it can be easily operated with one hand if : (a) The volatility of the solvent is greater than 2 kPa (15

mm Hg or0.3 psi) measured at 38 degrees C (100 degrees F), (b) The solvent is agitated, or (c) The solvent is heated

. (2) An internal draining rack for cleaned parts shall be installed on which parts shall be drained until all dripping ceases

. Ifthe volatility of the solvent is greater than 4

.3 kPa (32 mm Hg at 38 degrees C (100 degrees F)), the drainage facility must be internal, so that parts are enclosed**unde~** the cover while draining. The drainage facility may be external for applications where an internal type cannot fit into the cleaning system

. (3) Waste or used solvent shall be stored in covered

· containers

. (4) Tanks, containers and all associated equipment shall be maintained in good operating condition, and leaks shall be repaired immediately or the degreaser shall be shutdown

.

UTAHSTATEBULLETIN, May 01, 2014
, Vol. 2014
, No.9 NOTICES OF CHANGES IN PROPOSED RULES

(5) Written procedures for the operation and maintenance of the degreasing or solvent cleaning equipment shall be permanently posted in an accessible and conspicuous location near the equipment (6) Ifthe solvent volatility is greater than 4.3 kPa (33 mm Hg or 0

.6 psi) measured at 38 degrees C (100 degrees F)
, or ifsolvent is heated above 50 degrees C (120 degrees F), then one of the following control devices shall be used: (a) Freeboard that gives a freeboard ratio greater than 0

.7; (b) Water cover if the solvent is insoluble in and heavier than water) ; or (c) Other systems of equivalent control
, such as a refrigerated chiller or carbon adsorption. (7) Ifused, the solvent spray shall be a solid fluid stream at

a pressure that does not cause excessive splashing and may not be a fine
, atomized or shower type spray

.

R307-335-S. Open Top Vapor Degreasers. Owners or operators of open top vapor degreasers shall, in addition to meeting the requirements ofR307-335-4(3), (4) and (5)
, ( 1) Equip the vapor degreaser with a cover that can be opened and closed without disturbing the vapor zone

. The cover shall be closed except when processing work loads through the degreaser; (2) Install one ofthe following control devices : (a) Equipment necessary to sustain: (i) A freeboard'ratio greater than or equal to 0

.75
, and (ii) A powered cover ifthe degreaser opening is greater than 1 square meter (I0

. 8 square feet), (b) Refrigerated chiller, (c) Enclosed design (cover or door opens only when the dry part is actually entering or exiting the degreaser)
, (d) Carbon adsorption system, with ventilation greater than

or equal to 15 cubic meters per minute per square meter (50 cubic feet
per minute per square foot) of air/vapor area when cover is open and exhausting less than 25 parts per million of solvent averaged over one complete adsorption cycle; (3) Minimize solvent carryout by: (a) Racking parts to allow complete drainage
, (b) Moving parts in and out ofthe degreaser at less than 3.3
meters per minute ( 11 feet per minute)
, (c) Holding the parts in the vapor zone at least 30 seconds

or until condensation ceases, (d) Tipping out any pool of solvent on the cleaned parts before removal, and (e) Allowing the parts to dry within the degreaser for at least 15 seconds or until visibly dry. ( 4) Spray parts only in or below the vapor level ; (5) Not use ventilation fans near the degreaser opening
, nor provide exhaust ventilation exceeding 20 cubic meters per minute per square meter (65 cubic feet per minute per square foot) in degreaser
open area, unless necessary to meet state and federal occupational, health, and safety requirements

. (6) Not degrease porous · or absorbent materials, such as cloth, leather, wood or' rope; (7) Not allow work loads to occupy more than half of the degreaser's open top area; (8) Ensure that solvent is not visually detectable in water exiting the water separator;

47



### CPR

- 18NOTICES OF CHANGES IN PROPOSED RULES

(9) Install safety switches on the following : (a) Condenser flow switch and thennostat (shuts off sump heat ifcondenser coolant is either not circulating or too warm) ; and (b) Spray switch (shuts off spray pump if the vapor level drops excessively
, i.e
., greater than 10 em (4 inches)

. (10) Open top vapor degreasers with an open area smaller than one square meter (10

. 8 square feet) are exempt from R307-335- 5(2)(b) and (d)

.

R307-335-6. Conveyorized Degreasers. Owners and operators of conveyorized degreasers shall
, in addition to meeting the requirements ofR307-335-4(3), (4) and (5) and R307-335-5(5): (1) Install one of the following control devices for conveyorized degreasers with an air/vapor interface equal to or greater than two square meters (21.5 square feet) : (a) Refrigerated chiller; or (b) Carbon adsorption system, with ventilation greater than

or equal to 15 cubic meters per minute per square meter (50 cubic feet per minute per square foot) of air/vapor area when downtime covers

are open, and exhausting less than 25 parts per million of solvent, by volume, averaged over a complete adsorption cycle. (2) Equip the cleaner with equipment, such as a drying tunnel or rotating (tumbling) basket, sufficient to prevent cleaned parts from carrying out solvent liquid or vapor

. (3) Provide downtime covers for closing off the entrance and exit during shutdown hours

. Ensure that down-time cover is placed

over entrances and exits of conveyorized degreasers immediately after the conveyor and exhaust are shut down and is removed just before they are started up

. (4) Minimize carryout emissions by racking parts for best drainage and maintaining the vertical conveyor speed at less than 3

.3
meters per minute ( 11 feet per minute)

. (5) Minimize openings: Entrances and exits should silhouette work loads so that the average clearance (between parts and the edge ofthe degreaser opening) is either less than 10 em (4 inches)

or less than 1 0"/o ofthe width ofthe opening. (6) Install safety switches on the following: (a) Condenser flow switch and thennostat- shuts off sump heat ifcoolant is either not circulating or too warm; (b) Spray switch- shuts off spray pump or conveyor if the
vapor level drops excessively, i.e.
, greater than 10 em or (4 inches) ; and (c) Vapor level control thennostat

- shuts off sump level if
vapor level rises too high

. (7) Ensure that solvent is not visibly detectable in the water exiting the water separator

.

R307-335-7. Industrial Solvent Cleaning. (I) Exemptions

. The requirements of R307-335-7 do not apply to aerospace, wood furniture, shipbuilding and repair, flat wood paneling, large appliance, metal furniture, paper film and foil, plastic parts, miscellaneous metal parts coatings and light autobody and truck assembly coatings, flexible packaging, lithographic and letterpress printing materials, fiberglass boat manufacturing materials, and operations that are exclusively covered by Department of Defense DAR File No

. 37829

military technical data and perfonned by a Department of Defense
contractor and/or on site at installations owned and/or operated by the United States Anned Forces. (2) Operators of industrial solvent cleaning that emit 15 pounds of VOCs or more per day from industrial solvent cleaning operations, shall reduce VOC emissions from the use, handling, storage, and disposal of cleaning solvents and shop towels by implementing the following work practices: (a) Covering open containers ; and (b) Storing used applicators and shop towels in closed fire proofcontainers, and (c) Limiting VOC emissions by either: (i) Using solvents with a VOC limit in Table 1; or (ii) Installing an emission control system designed to have

an overall control efficiency ofat least 85%

TABLE 1**Solv~nt** Cleaning VOC Liaits**SolY~nt** Cleaning**Cat~gory** VOC liait (lb/gal) Coatings, adhesives and ink aanufacturing 4

. 2 Electronic parts and c0411ponents 4.2 General 11iscellaneous cle•ning 2.5**~ical** devices and pharaaceuticol Tools. equipl!ent and aachinery 6

. 7 General**surfac~** cleining 5

. 0 Screening printing operations 4

. 2 Se.iconductor tools. Nintenance and eouj !!!lent Cleaning 6. 7

R307-335-8. Emission Control Systems. (1) The owner or operator ofa control device shall maintain certification from the manufacturer that the emission control system will attain at least 85% overall efficiency performance and make the certification available to the director upon request

. (2) Emission control systems shall be operated and maintained in accordance with the manufacturer recommendations to maintain at least 85% overall efficiency perfonnance

. The owner or operator shall maintain for a minimum of two years records of operating and maintenance sufficient to demonstrate that the equipment is being operated and maintained in accordance with the manufacturer recommendations.

R307-335-9. Recordkeeping. The owner or operator shall maintain, for a minimum oftwo years, records of the solvent VOC content applied and the physical characteristics that demonstrate compliance with R307-335.

R307-335-10. Compliance Schedule. (1) All sources shall be in compliance with R307-335-7 by**[My~** 1
, 2014

.

KEY: air pollution, degreasing, solvent cleaning Date ofEnactment or Last SubstantiveAmendment: 2014 Notice ofContinuation: February 1, 2012 Authorizing, and Implemented or Interpreted Law: 19-2-104(1) (a)

End of the Notices of Changes in Proposed Rules Section

48 UTAHSTATE BUllETIN, May OJ, 2014, Vol. 2014, No.9

CP R -19

### R307-335 March 18, 2014

1 

### R307. Environmental Quality, Air Quality. 2 

### R307-335. Degreasing and Solvent Cleaning Operations. 3 

### R307-335-1. Purpose. 

### Page 1 of 5

4 The purpose of this rule is to limit volatile organic compound 5 (VOC) emission from degreasing and solvent cleaning operations. 6 

### 7 

### R307-335-2. Applicability. 

### 8 R307-335 applies to all degreasing or solvent cleaning operations 9 that use VOCs and that are located in PMlO and PM2.5 nonattainment 10 and maintenance plan areas as defined in 40 CFR 81.345 (July 1, 2011). 11 12 R307-335-3. Definitions. 

### 13 The following additional definitions apply to R307-335: 14 "Batch open top vapor degreasing" means the batch process of 15 cleaning and removing grease and soils from metal surfaces by 16 condensing hot solvent vapor on the colder metal parts. 17 "Cold cleaning" means the batch process of cleaning and removing 18 soils from metal surfaces by spraying, brushing, flushing or immersing 19 while maintaining the solvent below its boiling point

. 20 "Conveyorized degreasing" means the continuous process of 21 cleaning and removing greases and soils from metal surfaces by using 22 either cold or vaporized solvents. 23 "Department of Defense military technical data" means a 24 specification that specifies design requirements, such as materials 25 to be used, how a requirement is to be achieved, or how an item is 26 to be fabricated or constructed. 27 "Freeboard ratio" means the freeboard height (distance between 28 solvent line and top of container) divided by the width of the degreaser

. 29 "Industrial solvent cleaning" means operations performed using 30 a liquid that contains any VOC, or combination of VOCs, which is used

. 31 to clean parts, tools, machinery, equipment and work areas. Cleaning 32 operations include, but are not limited to, spraying, wiping, flushing, 33 and purging. 34 "Open top vapor degreaser" means the batch process of cleaning 3 5 and removing soils from metal surfaces by condensing low solvent vapo r 3 6 on the colder metal parts. 37 "Separation operation" means any process that separates a mix ture 3 8 of compounds and solvents into two or more components. Specific 39 mechanisms include extraction, centrifugation, filtration, and 40 crystallization. 41 "Solvent metal cleaning" means the process of cleaning soils from 42 metal surfaces by cold cleaning, open top vapor degreasers
, or 43 conveyorized degreasing. 44 45 R307-335-4. Cold Cleaning Facilities. 

### 46 No owner or operator shall operate a degreasing or solvent 47 cleaning operation unless conditions in R307-335-4 (1) through (7) are 48 met. 49 (1) A cover shall be installed which shall remain closed except 50 during actual loading, unloading or handling of parts in cleaner. 51 The cover shall be designed so that i t can be easily operated with 52 one hand if:

CPR- 20

### R307-335 March 18, 2014 Page 2 of 5

1 (a) The volatility of the solvent is greater than 2 kPa (15 mm 2 Hg or 0.3 psi) measured at 38 degrees C (100 degrees F), 3 (b) The solvent is agitated, or 4 (c) The solvent is heated. 5 (2) An 

### internal draining rack for cleaned parts shall be 6 installed on which parts shall be drained until all dripping ceases. 7 If the volatility of the solvent is greater than 4.3 kPa (32 mm Hg 8 at 38 degrees C (100 degrees F)), the drainage facility must be 9 internal, so that parts are enclosed under the cover while draining. 10 The drainage facility may be external for applications where an 11 internal type cannot fit into the cleaning system. 12 (3) Waste or used solvent shall be stored in covered containers. 13 (4) Tanks, containers and all associated equipment shall be 14 maintained in good operating condition, and leaks shall be repaired 15 immediately or the degreaser shall be shutdown. 16 (5) Written procedures for the operation and maintenance of the 17 degreasing or solvent cleaning equipment shall be permanently posted 18 in an accessible and conspicuous location near the equipment. 19 (6) If the solvent volatility is greater than 4.3 kPa (33 mm 20 Hg or 0. 6 psi) measured at 38 degrees C (100 degrees F), or if solvent 21 is heated above 50 degrees C (120 degrees F), then one of the following 22 control devices shall be used: 23 (a) Freeboard that gives a freeboard ratio greater than 0.7; 24 (b) Water cover if the solvent is insoluble in and heavier than 25 water) ; or 26 (c) Other systems of equivalent control, such as a refrigerated 27 chiller or carbon adsorption. 28 (7) If used, the solvent spray shall be a solid fluid stream 29 at a pressure that does not cause excessive splashing and may not be 30 a fine, atomized or shower type spray. 31 32 R307-335-5. Open Top Vapor Degreasers. 

### 33 Owners or operators of open top vapor degreasers shall, in 34 addition to meeting the requirements of R307-335-4(3), (4) and (5), 35 (1) Equip the vapor degreaser with a cover that can be opened 36 and closed without disturbing the vapor zone. The cover shall be closed 37 except when processing work loads through the degreaser; 38 (2) Install one of the following control devices: 39 (a) Equipment necessary to sustain: 40 (i) A freeboard ratio greater than or equal to 0.75, and 41 (ii) A powered cover if the degreaser opening is greater than 42 1 square meter (10.8 square feet), 43 (b) Refrigerated chiller, 44 (c) Enclosed design (cover or door opens only when the dry part 45 is actually entering or exiting the degreaser), 46 (d) Carbon adsorption system, with ventilation greater than or 47 equal to 15 cubic meters per minute per square meter (50 cubic feet 48 per minute per square foot) of air/vapor area when cover is open and 49 exhausting less than 25 parts per million of solvent averaged over 50 one complete adsorption cycle; 51 (3) Minimize solvent carryout by: 52 (a) Racking parts to allow complete drainage,

CPR- 21

### R307-335 March 18, 2014 Page 3 of 5

1 (b) Moving parts in and out of the degreaser at less than 3.3 2 meters per minute (11 feet per minute)
, 3 (c) Holding the parts in the vapor zone at least 30 seconds or 4 until condensation ceases, 5 (d) Tipping out any pool of solvent on the cleaned parts before 6 removal, and

. 7 (e) Allowing the parts to dry within the degreaser for at least 8 15 seconds or until visibly dry. 9 (4) Spray parts only in or below the vapor level; 10 (5) Not use ventilation fans near the degreaser opening, nor 11 provide exhaust ventilation exceeding 20 cubic meters per minute per 12 square meter (65 cubic feet per minute per square foot) in degreaser 13 open area, unless necessary to meet state and federal occupational, 14 health, and safety requirements. 15 (6) Not degrease porous or absorbent materials, such as cloth, 16 leather, wood or rope; 

### 17 (7) Not allow work loads to occupy more than half of the 18 degreaser's open top area; 19 (8) Ensure that solvent is not visually detectable in water 20 exiting the water separator; 21 (9) Install safety switches on the following: 22 (a) Condenser flow switch and thermostat (shuts off sump heat 23 if condenser coolant is either not circulating or too warm) ; and 24 (b) Spray switch (shuts off spray pump if the vapor level drops 25 excessively, i.e., greater than 10 em (4 inches). 26 (10) Open top vapor degreasers with an open area smaller than 27 one square meter (10.8 square feet) are exempt from R307-335-5(2) (b) 28 and (d)

. 29 30 R307-335-6. Conveyorized Degreasers. 

### 31 Owners and operators of conveyorized degreasers shall, in 32 addition to meeting the requirements of R307-335-4 (3), (4) and (5) 33 and R307-335-5(5): 34 (1) Install one of the following control devices for conveyorized 35 degreasers with an air/vapor interface equal to or greater than two 36 square meters (21.5 square feet): 37 (a) Refrigerated chiller; or 38 (b) Carbon adsorption system, with ventilation greater than or 39 equal to 15 cubic meters per minute per square meter (50 cubic feet 40 per minute per square foot) of air/vapor area when downtime covers 41 are open, and exhausting less than 25 parts per million of solvent, 42 by volume, averaged over a complete adsorption cycle. 43 (2) Equip the cleaner with equipment, such as a drying tunnel 44 or rotating (tumbling) basket, sufficient to prevent cleaned parts 45 from carrying out solvent liquid or vapor. 46 (3) Provide downtime covers for closing off the entrance and 4 7 exit during shutdown hours. Ensure that down

- time cover is placed over 48 entrances and exits of conveyorized degreasers immediately after the 49 conveyor and exhaust are shut down and is removed just before they 50 are started up. 51 (4) Minimize carryout emissions by racking parts for best 52 drainage and maintaining the vertical conveyor speed at less than 3.3

CPR- 22

### R307-335 March 18, 2014 Page 4 of 5

1 meters per minute (11 feet per minute). 2 (5) Minimize openings: Entrances and exits should silhouette 3 work loads so that the average clearance (between parts and the edge 4 of the degreaser opening) is either less than 10 em (4 inches) or less 5 than 10% of the width of the opening. 6 (6) Install safety switches on the following: 7 (a) Condenser flow switch and thermostat

- shuts off sump heat 8 if coolant is either not circulating or too warmi 9 (b) Spray switch

- shuts off spray pump or conveyor if the vapor 10 level drops excessively, i.e., greater than 10 em or (4 inches) i 

### and 11 (c) Vapor level control thermostat

- shuts off sump level if 12 vapor level rises too high. 13 (7) Ensure that solvent is not visibly detectable in the water 14 exiting the water separator

. 15 16 

### R307-335-7. Industrial Solvent Cleaning. 

### 17 (1) Exemptions. The requirements of R307-335-7 do not apply to 18 aerospace, wood furniture, shipbuilding and repair, flat wood 19 paneling, large appliance, metal furniture, paper film and foil, 20 plastic parts, miscellaneous metal parts coatings and light autobody 21 and truck assembly coatings, flexible packaging, lithographic and 22 letterpress printing materials, fiberglass boat manufacturing 23 materials, and operations that are exclusively covered by Department 24 of Defense military technical data and performed by a Department of 25 Defense contractor and/or on site at installations owned and/or 26 operated by the United States Armed Forces. 27 (2) Operators of industrial solvent cleaning that emit 15 pounds 28 of VOCs or m ore per day from industrial solvent cleaning operations, 29 shall reduce VOC emissions from the use, handling, storage, and 30 disposal of cleaning solvents and shop towels by implementing the 31 following work practices: 32 (a) Covering open containersi and 33 (b) Storing used applicators and shop towels in closed fire proof 34 containers, and 35 (c) Limiting VOC emissions by either: 36 (i) Using solvents with a VOC limit in Table li or 37 (ii) Installing an emission control system designed to have an 38 overall control efficiency of at least 85%. 39 

### 40 TABLE 1 41 Solvent Cleaning VOC Limits 42 43 Solvent Cleaning Category VOC Limit (lb/gal) 44 Coatings, adhesives & 

### ink manufacturing 4.2 45 Electronic parts & 

### components 4. 2 46 General miscellaneous cleaning 2.5 47 Medical devices and pharmaceutical 48 Tools, equipment 

### & machinery 6.7 49 General surface cleaning 5.0 50 Screening printing operations 4.2 51 Semiconductor tools, maintenance 

### &**e~ipment** 

### 52 Cleaning 6. 7

CPR- 23

### R307-335 

### March 18, 2014 

### Page 5 of 5

1 2 

### R307-335-8. Emission Control Systems. 

### 3 (1) The owner or operator of a control device shall maintain 4 

### certification from the manuf4cturer that the emission control system 5 

### will attain at least 85% 

### overall efficiency performance and make the 6 certification available to the director upon request. 7 (2) Emission control systems shall be operated and maintained 8 in accordance with the manufacturer recommendations to maintain at 9 least 85% 

### overall efficiency performance. The owner or operator shall 10 

### maintain for a minimum of two years records of operating and maintenance 11 sufficient to demonstrate that the equipment is being operated and 12 

### maintained in accordance with the manufacturer recommendations. 13 14 

### R307-335-9. Recordkeeping. 15 

### The owner or operator shall maintain, for a minimum of two years, 16 records of the solvent VOC content applied and the physical 17 

### characteristics that demonstrate compliance with R307-335. 18 

### 19 

### R307-335-10. Compliance Schedule. 20 (1) 

### All sources shall be in compliance with R307-335-7 

### by 21**[~]August** 

### 1, 2014. 

### 22 23 

### KEY: air pollution, degreasing, solvent cleaning 24 

### Date of Enactment or Last Substantive Amendment: 2014 25 

### Notice of Continuation: February 1, 2012 26 

### Authorizing, and Implemented or Interpreted Law: 19-2-104(1} (a}

CPR- 24

# Effective Rule

### R307-335 DAR No. 37829 (AMD and First,**~econd,** 

### and Third CPRs) Effective Date: June 2, 2014

E

- 1R307. Environmental Quality, Air Quality. R307-335. Degreasing and Solvent Cleaning Operations. R307-335-1. Purpose. The purpose of this rule is to limit volatile organic compound (VOC) emission from degreasing and solvent cleaning operations.

R307-335-2. Applicability. R307-335 applies to all degreasing or solvent cleaning operations that use VOCs and that are located in PMIO and PM2.5 nonattainment and maintenance plan areas as defined in 40 CFR 81.345 (July I
, 2011 )

.

R307

-335-3. Definitions. The following additional definitions apply to R307- 335 : "Batch open top vapor degreasing" means the batch
process of cleaning and removing grease and soils from metal surfaces by condensing hot solvent vapor on the colder metal parts. "Cold cleaning" means the batch process of cleaning and removing soils from metal surfaces by spraying, brushing. flushing or immersing while maintaining the solvent below its boiling point "Conveyorized degreasing" means the continuous
process of cleaning and removing greases and soils from metal surfaces by using either cold or vaporized solvents. "Department of Defense military technical data"

means a specification that specifies design requirements
, such as materials to be used, how a requirement is to be achieved, or how an item is to be fabricated or constructed

. "Freeboard ratio" means the freeboard height (distance between solvent line and top of container)divided by the width ofthe degreaser. "Industrial solvent cleaning" means operations performed using a liquid that contains any VOC, or combination of VOCs, which is used to clean parts, tools, machinery
, equipment and work areas. Cleaning operations include, but are not limited to, spraying, wiping, flushing, and purging. "Open top vapor degreaser" means the batch process of cleaning and removing soils from metal surfaces by condensing low solvent vapor oo the colder metal parts

. "Separation operation" means any process that separates a mixture ofcompounds and solvents into two or more components. Specific mechanisms include extraction, centrifugation, filtration, and crystallization

. "Solvent metal cleaning" means the process of cleaning soils from metal surfaces by cold cleaning, open top vapor degreasers, or conveyorized degreasing

.

R307-335-4. Cold Cleaning Facilities. No owner or operator shall operate a degreasing or solvent cleaning operation unless conditions in R307-335-4(1) through (7) are met (I) A cover shall be installed which shall remain closed except during actual loading, unloading or handling of parts in cleaner. The cover shall be designed so that it can be easily operated with one hand if: (a) The volatility ofthe solvent is greater than 2 kPa (15 mrn Hg or 0.3 psi) measured at 38 degrees C (100 degrees F)
, (b) The solvent is agitated, or (c) The solvent is heated

. (2) An internal draining rack for cleaned parts shall be installed on which parts shall be drained until all dripping

ceases. Ifthe volatility ofthe solvent is greater than 4

.3 kPa (32

mm Hg at 38 degrees C (100 degrees F))
, the drainage facility
must be internal
, so that parts are enclosed under the cover while draining. The drainage facility may be external for applications where an internal type cannot fit into the cleaning system

. (3) Waste or used solvent shall be stored in covered containers. (4) Tanks, containers and all associated equipment shall be maintained in good operating condition
, and leaks shall be repaired immediately or the degreaser shall be shutdown. (5) Written procedures for the operation and maintenance of the degreasing or solvent cleaning equipment shall be permanently posted in an accessible and conspicuous location near the equipment (6) Ifthe solvent volatility is greater than 4

.3 kPa (33

mrn Hg or 0

.6 psi) measured at 38 degrees C (100 degrees F)
, or if solvent is heated above 50 degrees C (120 degrees F), then

one ofthe following control devices shall be used: (a) Freeboard that gives a freeboard ratio greater than 0

.7; (b) Water cover if the solvent is insoluble in and heavier than water); or (c) Other systems of equivalent control, such as a refrigerated chiller or carbon adsorption

. (7) If used, the solvent spray shall be a solid fluid stream at a pressure that does not cause excessive splashing and
may not be a fine, atomized or shower type spray

.

R307-335-5. Open Top Vapor Degreasers. Owners or operators of open top vapor degreasers shall, in addition to meeting the requirements ofR307-335-4(3), (4) and (5), (1) Equip the vapor degreaser with a cover that can be opened and closed without disturbing the vapor zone. The

cover shall be closed except when processing work loads through the degreaser,

and (2) Install one ofthe following control devices: (a) Equipment necessary to sustain: (i) A freeboard ratio greater than or equal to 0

.75
, (ii) A powered cover if the degreaser opening is greater than I square meter (10

.8 square feet), (b) Refrigerated chiller, (c) Enclosed design (cover or door opens only when the dry part is actually entering or exiting the degreaser), (d) Carbon adsorption system, with ventilation greater than or equal to IS cubic meters per minute per square meter (50 cubic feet per minute per square foot) of air/vapor

area when cover is open and exhausting less than 25 parts per million ofsolvent averaged over one complete adsorption cycle; (3) Minimize solvent carryout by : (a) Racking parts to allow complete drainage, (b) Moving parts in and out ofthe degreaser at less than 3.3 meters per minute (II feet per minute), (c) Holding the parts in the vapor zone at leaSt 30 seconds or until condensation ceases, (d) Tipping out any pool of solvent on the cleaned parts before removal, and

E-2

# . ,

(e) Allowing the parts to dry within the degreaser for

at least 15 seconds or until visibly dry

. ( 4) Spray parts only in or below the vapor level; (5) Not use ventilation fans near the degreaser opening. nor provide exhaust ventilation exceeding 20 cubic
meters per minute per square meter (65 cubic feet per minute
per square foot) in degreaser open area, unless necessary to meet state and federal occupational
, health, and safety requirements. (6) Not degrease porous or absorbent materials, such

as cloth, leather
, wood or rope; (7) Not allow work loads to occupy more than halfof the degreaser's open top area; (8) Ensure that solvent is not visually detectable in
water exiting the water separator, (9) Install safety switches on the following: (a) Condenser flow switch and thermostat (shuts off
sump heat if condenser coolant is either not circulating or too warm) ; and (b) Spray switch (shuts off spray pump if the vapor level drops excessively
, i.e

., greater than 10 em ( 4 inches)

. ( 10) Open top vapor degreasers with an open area smaller than one square meter (10.8 square feet) are exempt from R307-335-5(2Xb) and (d).**R307-33~.** Conveyorized Degreasers. Owners and operators of conveyorized degreasers shall
, in addition to meeting the requirements ofR307-335-4{3), (4) and (5) and R307-335-5(5): (1) Install one of the following control devices for conveyorized degreasers with an air/vapor interface equal to or greater than two square meters (21.5 square feet) : (a) Refrigerated chiller, or (b) Carbon adsorption system, with ventilation greater than or equal to 15 cubic meters per minute per square meter (50 cubic feet per minute per square foot) of air/vapor

area when downtime covers are open, and exhausting less than 25 parts per million of solvent, by volume
, averaged over a complete adsorption cycle

. (2) Equip the cleaner with equipment, such as a drying tunnel or rotating (tumbling) basket, sufficient to prevent cleaned parts from carrying out solvent liquid or vapor

. (3) Provide downtime covers for closing off the
entrance and exit during shutdown hours. Ensure that downtime cover is placed over entrances and exits of conveyorized degreasers immediately after the conveyor and exhaust are shut down and is removedjust before they are started up. (4) Minimize carryout emissions by racking parts for best drainage and maintaining the vertical conveyor speed at less than 3.3 meters per minute (II feet per minute)

. (5) Minimize openings: Entrances and exits should silhouette work loads so that the average clearance (between parts and the edge of the degreaser opening) is either less than 10 ern (4 inches) or less than 10% ofthe width ofthe opening. (6) Install safety switches on the following: (a) Condenser flow switch and thermostat- shuts off sump heat ifcoolant is either not circulating or too warm; (b) Spray switch- shuts offspray pump or conveyor ifthe vapor level drops excessively, i.e.
, greater than 10 em or (4 inches); and (c) Vapor level control thermostat

- shuts off sump level ifvapor level rises too high

. (7) Ensure that solvent is not visibly detectable in the
water exiting the water separator.

R307-335-7. Industrial Solvent Cleaning. (1) Exemptions

. The requirements ofR307-335-7 do
not apply to aerospace, wood furniture, shipbuilding and repair
, flat wood paneling, large appliance, metal furniture, paper film and**foi~** plastic parts, miscellaneous metal parts coatings and light autobody and truck assembly coatings, flexible packaging. lithographic and letterpress printing materials, fiberglass boat manufacturing materials, and operations that are exclusively covered by Department of Defense military technical data and performed by a Department ofDefense contractor and/or on site
at installations owned and/or operated by the United States Anned Forces. (2) Operators ofindustrial solvent cleaning that emit 15 pounds of VOCs or more per day from industrial solvent cleaning operations, shall reduce VOC emissions from the use, handling. storage, and disposal of cleaning solvents and shop towels by implementing the following work practices: (a) Covering open containers; and (b) Storing used applicators and shop towels in closed fire proofcontainers, and (c) Limiting VOC emissions by either: (i) Using solvents with a VOC limit in Table 1; or (ii) Installing an emission control system designed to have an overall control efficiency ofat least 85%.

TABLE 1 Solvent Cleani ng YOC Limits

Solvent Cleaning Category VOC Lirwit (lbfgal) Coatings, adhesives and ink manufacturing 4

. 2 Electroni c parts and coq>011ents 4.2 General m i scellaneous cleaning 2.5 Medical devices and pharmaceutical Tools, equipment and machi nery 6.7 General surface cleaning 5.0 Screening printi ng operations 4

. 2 Semiconductor tools, Jna l ntenance and equipment Cleaning 6.7

R307-335-8. Emission Control Systems. (I) The owner or operator of a control device shall maintain certification from the manufacturer that the emission control system will attain at least 85% overall efficiency performance and make the certification available to the director upon request (2) Emission control systems shall be operated and maintained in accordance with the manufacturer recommendations to maintain at least 85% overall efficiency performance

. The owner or operator shall maintain for a minimum of two years records of operating and maintenance sufficient to demonstrate that the equipment is being operated and maintained in accordance with the manufacturer recommendations

.

R307-335-9. Recordkeeping. The owner or operator shall maintain, for a minimum of two years, records of the solvent VOC content applied and the physical characteristics that demonstrate compliance with R307-335

.

R307-335-10. Compliance Schedule.

E-3(I)

.All sources shall be in compliance with R307- 335-7 by August I, 2014

.

KEY: air pollution, degreasing, solvent cleaning Date of Enactment or Last Substantive Amendment: June 2,2014 Notice ofContinuation: February 1, 2012 Authorizing, and Implemented or Interpreted Law: 19-2- 104(l)(a)

!--darE-4NOTICES OF 

## RULE EFFECTIVE DATES

State law provides for agencies to make their administrative rules effective and enforceable after publication in the Utah State Bulletin. In the case of PRoPOSED RuLEs or CHANGEs IN PROPosro RuLEs with a designated comment period

, the law permits an agency to make a rule effective no fewer than seven calendar days after the close of the public comment period, nor more than 120 days after the publication date. In the case of CHANGES IN**PRo~>Qsro** RuLEs with

no designated comment period, the law permits an agency to make a rule effective on any date including or after the thirtieth day after the rule's publication date, but not more than 120 days after the publication date

. If an agency fails to file a NoTICE oF EFFECTIVE DATE within 120 days from the publication of a PRoPosED RuLE or a related CHAHGE IN
PRoPosED RuLE the rule lapses

. Agencies have notified the Division of Administrative Rules that the rules listed below have been made effective

.

NoncEs oF EFFECTIVE DATE are governed by Subsection 638-3-301(12), Section 638-3-303, and Sections R154-5a and R154-5b

.

Abbreviations AMD =Amendment CPR = Change in Proposed Rule NEW = New Rule R&R = Repeal & Reenact REP= Repea l

Commerce Occupational and Professional Licensing No. 38390 (AMD) : R156-60-102

. Defin itions Published : 04/15/2014 Effective : 05/22/2014

No. 38375 (AMD) : R156-77

. Direct-Entry Midwife Act Rule Published: 04/15/2014 Effective : 05/22/2014

Real Estate No. 38389 (AMD) : R162-2g. Real Estate Appraiser Licensing and Certification Administrative Rules Published: 04/15/2014 Effective : 05/22/2014 \



# - - - Environmental Quality \ NrOuality No. 37829 (AMD) : R307-335. Degreasing and Solvent Cleaning Operations Published : 08/01/2013 Effective : 06/02/2014 

# \

. No. 37829 (First CPR) : R307-335

. Degreasing and Solvent peaning Operations Published : 12/01/2013 Effective: 06/02/2014

UTAHSTATE**BULLET/~** June 15, 2014, Vol. 2014, No

. 12 No

. 37829 (Second CPR) : R307-335

. Degreasing and Solvent Cleaning Operations Published : 04/01/2014 Effective: 06/02/2014 i\ I:

I**~** 

### '

' •

No

. 37829 (Third CPR): R307-335. Degreasing and Solvent Cleaning Operations Published : 05/01/2014 \ Effective : 06/02/2014 _) 

### \_

-- 

### --- -- -
. - - --- - --- l:::ieailll Children's Health Insurance Program No. 38400 (AMD): R382-10.Eiigibility Published: 04/15/2014 Effective : 06/01/2014

Health Care Financing, Coverage and Reimbursement Policy No

. 38401 (AMD) : R414-303

.Coverage Groups Published: 04/15/2014 Effective: 06/01/2014

Family Health and Preparedness, Licensing No

. 38341 (AMD): R432-270

.Assisted Living Facilities Published: 04/01/2014 Effective : 05120/2014

Insurance Administration No

. 38342 (AMD) : R590-229-9.Enforcement Date Published: 04/01/2014 Effective: 05/27/2014

No. 38376 (AMD) : R590-269-4.0pen and Special Enrollment Periods Published: 04/15/2014 Effective : 06/02/2014

E-5 59

# Certification

### I
, Mark W

. Berger, Rules Coordinator for the Utah Division ofAir Quality
, do hereby certify that the public comment periods held to receive comments regarding R307-335 (DAR #37829)

were held in accordance with the information provided in the published public notices and as defined in Utah Code 19-2-109 and that a public hearing was not held as one was not requested. R307-335 was adopted by the Utah Air Quality Board on April2, 2014

.
Signed this 

# Zl_ day ofJuly 2014.