195 North 1950 West • Salt Lake City, Utah

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

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

www.deq.utah.gov

Printed on 100% recycled paper 

### State of Utah

GARY R. HERBERT

Governor

SPENCER J. COX

Lieutenant Governor 

### Department of

Environmental Quality

Alan Matheson

Executive Director

DIVISION OF AIR QUALITY

Bryce C. Bird

Director Air Quality Board

Stephen C. Sands II, Chair

Kerry Kelly, Vice-Chair

Alan Matheson

Erin Mendenhall

Robert Paine III

Arnold W. Reitze Jr

Michael Smith

William C. Stringer

Karma M. Thomson

Bryce C. Bird,

Executive Secretary

DAQ-002-16a

UTAH AIR QUALITY BOARD MEETING

February 3, 2016 – 1:30 p.m.

195 North 1950 West, Room 1015

Salt Lake City, Utah 84116

FINAL AGENDA

I. Call-to-Order

II. Date of the Next Air Quality Board Wo rking Lunch and Meeting: March 2, 2016

Working Lunch at 11:30 a.m. and Board Meeting at 1:30 p.m.

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

IV. Final Adoption: Amend R307-101-2. Defin itions; R307-312-5. Hot Mix Asphalt Plants; and

R307-328-4. Loading of Tank Trucks, Trailers, Ra ilroad Tank Cars, and Other Transport Vehicles.

Presented by Ryan Stephens.

V. Final Adoption: Amend R307-405-3. Definiti ons; and R307-415-3. Definitions. Presented by

Ryan Stephens.

VI. Final Adoption: Amend R 307-110-28. Regional Haze. Presented by Ryan Stephens.

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

Stephens.

VIII. Propose for Public Comment: Amend R307-8 41-8. Renovator Certification and Dust Sampling

Technician Certification. Presented by Ryan Stephens.

IX. Informational Items.

A. Air Toxics. Presented by Robert Ford.

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

C. Monitoring. Presented by Bo Call.

D. Other Items to be Brought Before the Board.

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

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

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

www.deq.utah.gov

Printed on 100% recycled paper 

### State of Utah

GARY R. HERBERT

Governor

SPENCER J. COX

Lieutenant Governor 

### Department of

Environmental Quality

Alan Matheson

Executive Director

DIVISION OF AIR QUALITY

Bryce C. Bird

Director Air Quality Board

Stephen C. Sands II, Chair

Kerry Kelly, Vice-Chair

Alan Matheson

Erin Mendenhall

Robert Paine III

Arnold W. Reitze Jr

Michael Smith

William C. Stringer

Karma M. Thomson

Bryce C. Bird,

Executive Secretary

UTAH AIR QUALITY BOARD MEETING

December 2, 2015 – 1:30 p.m.

195 North 1950 West, Room 1015

Salt Lake City, Utah 84116

DRAFT MINUTES

____________________________

I. Call-to-Order

Steve Sands called the meeting to order at 1:30 p.m.

Board members present: Steve Sands, Erin Me ndenhall, Michael Smith, Robert Paine, Kerry

Kelly, Alan Matheson, and Arnold Reitze

Excused: Karma Thomson and William Stringer

Executive Secretary: Bryce Bird

II. Date of the Next Air Quality Board Meeting: February 3, 2016

The January 6, 2016, meeting was canceled.

III. Approval of the Minutes for October 7, 2015, Board Meeting.

● Kerry Kelly moved to approve the minutes as submitted. Robert Paine seconded. The

Board approved unanimously.

IV. Final Adoption: Repeal of Existing SIP Subsection IX.A.10 and Re-enact with SIP

Subsection IX.A.11: PM10 Maintenance Provisi ons for Salt Lake County, as Amended.

Presented by Bill Reiss.

Bill Reiss, Environmental Engineer at DAQ, summarized that agenda items four, five, six, and

seven represent a maintenance plan for PM 10 and briefly reviewed the proposals that were

presented in September 2015 to the Board. He stated this project is mostly an administrative effort

to finish PM 10 and move on with efforts to address PM 2.5 . There are essentially two parts to this

state implementation plan (SIP) revision, Part A which contains the SIP narratives addressing the

monitored attainment of the standards; and Part H which is the location of the emissions limits

belonging to the identified stationary sources. A 30-day public comment period was held and

comments were received and a summary of each of those comments, along with DAQ’s responses,Air Quality Board December 2, 2015 Page 2 of 8 were included in the information provided to th e Board. In this plan DAQ has addressed and

corrected a number of the issues that EPA had ra ised in 2005 when they proposed to disapprove

the last maintenance plan DAQ proposed. Many of EPA’s comments were editorial in nature and

some did point out simple corrections that have since been made. Other comments, not from EPA,

dealt with things not explicitly required as part of a PM 10 maintenance plan but might be regarded

as measures to strengthen the SIP in a general way. Mr. Reiss then noted some changes were made

to the narratives in Part A and in renumbering. A few technical changes were made to select

inventory numbers, errors in transcription, a nd error in the modeling result for 2028. Other

comments had to do with the technical support docum ent (TSD). The TSD is not explicitly part of

this rulemaking but he stated that DAQ has talk ed with EPA about how DAQ intends to fix the

TSD and those corrections will be made pr ior to submitting the package to EPA.

In discussion, it was stated that the modeling is essentially the same modeling domain as was done

for the PM 2.5 SIP, and it is inclusive of all three PM 10 nonattainment areas as well. Mr. Reiss also

explained the removal of the Board’s authority th rough the Director to amend approval orders and

some items in the SIP goes back to original PM 10 SIP work in 1991. There were quite a few rules

that affected area sources and the administration of the SIP in general that were codified into R307

at that time. One of those rules gave the Dir ector the authority to modify some of the limits

belonging to the stationary sources that were identif ied. In looking forward, it was recognized that

this would be a problem and there were going to be a lot of reasonable available control technology

(RACT) requirements made of those sources. The authority was already held by the Director and

it was made an issue when it was held on to again throughout PM 10 . Since EPA did not approve of

the Board’s approval to remove in R307 the rule that permitted the Board, through the Director’s

authority, to make these kinds of revision the ru le still sits on the federal books as part of the

official SIP for Utah. The rule has been strick en from the state books but still sits on the federal

books.

Mr. Reiss also addressed that a comment was receiv ed dealing with a particular rule that was

developed as part of the PM 10 SIP to mitigate against growth. That is a feature of the minor source

permitting program that requires offsets when th e expected emissions increase from a new source

or modified source would reach a level of either 25 or 50 tons when you combined PM 10 plus SO

x plus NO

x . There are emission credits on our books that applicants are required to obtain and then

trade for these expected increases. That rule applies to minor sources in PM 10 nonattainment areas

specifically. The question is raised that if EPA approves this plan and then redesignates us, would

that then still apply since it specifically does not apply in PM 10 maintenance areas. This rule has

been effective but certainly is not perfect. It do es bring up the need to think of ways to keep

emissions down and at the same time it has kind of created a viable pool of emission credits that

allow permitting to go forward and recognize improve ments in technology and efficiency that have

actually lead over time to lesser emissions than w as expected in 1991. DAQ is always looking to

make sure that the rules are effective and serve their intended purpose.

● Erin Mendenhall moved to approve final a doption, repeal of existing SIP Subsection

IX.A.10 and re-enact with SIP Subsection IX.A.11: PM 10 Maintenance Provisions for Salt

Lake County, as amended. Robert Paine sec onded. The Board approved unanimously.

V. Final Adoption: Repeal of Existing SIP Subsection IX.A.11 and Re-enact with SIP

Subsection IX.A.12: PM10 Maintenance Provi sions for Utah County, as Amended.

Presented by Bill Reiss.

Bill Reiss, Environmental Engineer at DAQ, stated his presentation of the previous item covers

this item for Utah County.Air Quality Board December 2, 2015 Page 3 of 8 In discussion, Mr. Reiss responded that DAQ We ha d a good cooperative effort with EPA and staff

feels all the questions/comments that came up ha ve been resolved. In response to how the

accuracy of the model compare with the safety marg in, he responded the m odel is always kind of

plus or minus. Nevertheless, what we start w ith are some monitored design values that are well

beneath the standard of 150 micrograms per cubic mete r. What we are really looking at is a huge

margin. The metropolitan planning organizati ons are going to have budgets in the PM 2.5 SIPs as

well which will end up being the more restrictive budgets. For Utah County, there is a particular

monitor that only collects data every three days and so the way the PM 10 standard is structured it’s

a pass/fail test with the National Ambient Air Quality Standards (NAAQS) which is based on the

number of exceedances. This resulted in a much higher design value for Utah County even though

it really does behave a lot more like Salt Lake C ounty. There was just not as much headroom left

to carve out a safety margin as there was in Salt Lake County.

● Kerry Kelly moved for final adoption to rep eal of existing SIP Subsection IX.A.11 and reenact with SIP Subsection IX.A.12: PM 10 Maintenance Provisions for Utah County, as

amended. Michael Smith seconded. The Board approved unanimously.

VI. Final Adoption: Repeal of Existing SIP Subsection IX.A.12 and Re-enact with SIP

Subsection IX.A.13: PM10 Maintenance Provisi ons for Ogden City, as Amended. Presented

by Bill Reiss.

No questions or comments from the Board on this agenda item as it was covered in the summary

given for agenda item four.

● Arnold Reitze moved for final adoption of re peal of existing SIP Subsection IX.A.12 and

re-enact with SIP Subsection IX.A.13: PM 10 Maintenance Provision for Ogden City, as

amended. Robert Paine seconded. The Board approved unanimously.

VII. Final Adoption: Repeal Existing SIP Subsections IX. Part H. 1, 2, 3, and 4 and Re-enact with

SIP Subsections IX. Part H. 1, 2, 3, and 4: Control Measures for Area and Point Sources,

Emission Limits and Operating Practices, PM10 Requirements, as Amended. Presented by

Bill Reiss.

Bill Reiss, Environmental Engineer at DAQ, stated Part H is kind of the second piece to this

overall maintenance plan where the source specific emissions limits that belong in the SIP are

housed. Limits are required as part of any SIP and their inclusion in the SIP makes them federally

enforceable. There are no new RACT requirements associated with the maintenance plan. There

are no new limits for additional PM 10 control. However, we made an effort to harmonize the PM 10 limits with other regulatory limits. So these conditio ns look like and have been structured very

much like the PM 2.5 conditions that were recen tly approved into Subsections 10, 11, and 12 of Part

H. A 30-day public comment period was held and comments were collected which are

summarized, along with DAQ’s responses, as part of the packet to the Board. The majority of

EPA’s comments could be categorized as a con tinuing refinement involving concerns remaining

from some of the previous iterations of the PM 2.5 SIP. Some areas of focus included the pairing of

averaging periods for emission limits with the 24 hours averaging period of the PM 10 NAAQS,

emissions during start up, shut down, and malfunc tion, and the enforceability of the emission limits

in Part H, including greater stack test frequency. Staff worked closely with EPA and almost all of

the concerns EPA had raised through this pro cess have been addressed through revisions to the

language in Part H. As with Part A, some of the comments received were directed at the TSDAir Quality Board December 2, 2015 Page 4 of 8 which is not part of this rulemaking. DAQ is we ll on the way to resolving all of those TSD issues

and expects to have that done before the package is submitted to EPA.

● Robert Paine moved for final adoption to repeal existing SIP Subsections IX. Part H. 1, 2,

3, and 4 and re-enact with SIP Subsections IX. Part H. 1, 2, 3, and 4: Control Measures for

Area and Point Sources, Emission Limits and Operating Practices, PM 10 Requirements, as

amended. Erin Mendenhall seconded. The Board approved unanimously.

VIII. Final Adoption: Amend R307-110-10. Sect ion IX, Control Measu res for Area and Point

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

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

Stephens.

Ryan Stephens, Environmental Planning Consulta nt at DAQ, stated the final adoption to these

rules incorporates the amended Section IX.A and S ection IX.H of the SIP in the Utah Air Quality

Rules. A 30-day public comment period was he ld and no comments were received. Staff

recommends the Board adopt R307-110-10 and R307-110-17 as amended.

In discussion, it was noted the date of enactment in these rules will be corrected to December 2,

2015. Also, there are definitions for area and point source in the general definitions section in the

permitting rule R307-415-3, which is for Title V. Since this agenda item is for final adoption to

incorporate the SIP maintenance plan that was just approved by the Board, it is suggested that a

future action would be to look at possibly putting these definitions into R307-101-2 at some point.

After further discussion, it was decided the request to amend the definitions of area and point

source would be discussed in age nda item nine under R307-101-2.

● Michael Smith moved that the Board approve final adoption amend R307-110-10, Section

IX, Control Measures for Area and Point Sources, Part A, Fine Particulate Matter; and

amend R307-110-17, Section IX, Control Measures for Area and Point Sources, Part H,

Emissions Limits. Erin Me ndenhall seconded. The Board approved unanimously.

IX. Final Adoption: Amend R307-101-2. Definitions; R307-102-1. Air Pollution Prohibited;

Periodic Reports Required; R307-150. Emission Inventories; R307-201-3. Visible Emissions

Standards; R307-206. Emission Standards: Abrasive Blasting; R307-303. Commercial

Cooking; R307-305-3. Visible Emissions; R307-306. PM10 Nonattainment and Maintenance

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

Emissions Impact Analysis; R307-415. Permits: Operating Permit Requirements. Presented

by Ryan Stephens.

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

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

proposed rules amend the current air quality rules so that they reflect the changes made to Utah

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

Air Act (CAA). A 30-day public comment period was held and no comments were received on

any of these rules. Staff recommends the Board these amended rules.

Besides an amendment to area and point source de finitions as discussed in the previous agenda

item, there was also a question with the term air pollution where one interpretation may suggest

that we don’t have air pollution until the NAAQS is exceeded, and questions whether or not the

term is used correctly.Air Quality Board December 2, 2015 Page 5 of 8 Staff responded that is not the case because the NAAQS are particular to the criteria pollutants

established in the CAA which is only a small portion of the overall air pollutants. That defines it

more if it’s only the NAAQS pollutants and air pollution altogether would involve the hazardous

air pollutants and any other substance that could me et those requirements. So it is not limited only

by the NAAQS. Furthermore, that definition was wh at the Legislature set in statute in 19-2-102.

The real question may be how is the term air pollution used throughout the regulations and

changing the definition could have ripple effects. We are limited in what can be done, number one

because it’s defined in statute and number two a search of the entire rules would need to be done to

see what the implications would be.

Another question raised was with the definition of actual emissions. If you get a construction

permit, what would be the test for actual emissions if a source has not yet moved to operation? To

which staff responded the language was taken dir ectly from the Code of Federal Regulations.

When looking at netting requirements that is addr essed under the permitting program process. It is

part of the federal definition but where it becomes in practice is when looking at the permit

application a source would need to either account for or credit actual versus potential. That is

usually the context of netting analys is and the permitting process.

After discussion, the Board would approve this item as presented with amendment to R307-101-2

to include definitions for area and point source. Al so, staff is asked to review the definition of air

pollution and report that back to the Board.

● Erin Mendenhall moved the Board appr ove final adoption to amend R307-101-2.

Definitions; R307-102-1. Air Pollution Prohib ited; Periodic Reports Required; R307-150.

Emission Inventories; R307-201-3. Visible Emissions Standards; R307-206. Emission

Standards: Abrasive Blasting; R307-303. Commercial Cooking; R307-305-3. Visible

Emissions; R307-306. PM10 Nonattainment and Maintenance Areas: Abrasive Blasting;

R307-401. Permit: New and Modified Sources; R307-410. Permits: Emissions Impact

Analysis; R307-415. Permits: Operating Permit Requirements, with the inclusion of

definitions of area and point source to R 307-101-2 as proposed. Kerry Kelly seconded.

The Board approved unanimously.

X. Propose for Public Comment: New Rule R 307-104. Conflict of Interest. Presented by Ryan

Stephens.

Ryan Stephens, Environmental Planning Consultant at DAQ, stated that a similar rule was

proposed a few months ago which was withdrawn befo re it went out to public comment because of

deficiencies. DAQ incorporated a Utah State C ode section by reference which is not allowed

under the rulemaking act. DAQ amended the rule wi thout incorporating by reference any other

areas of the code. This rule is being proposed in response to EPA’s partial disapproval of Utah’s

Infrastructure SIP for PM 2.5 . The disapproval was based on the fact that Utah no longer had a rule

or statute that complied with Section 128(a)(2) of the CAA. The rule provides an enforceable

requirement that any potential conflicts of inter est involving any member of the Board or body

which approves permits or enforcement orders, the DAQ Director, with similar powers, and the

DEQ Executive Director with similar powers, are disclosed which would satisfy Section 128 of the

CAA. The DAQ has worked with EPA and the Ut ah Attorney General’s Office to develop this

rule. Staff recommends the Board propose new rule R307-104, Conflict of Interest, for public

comment.

● Michael Smith moved to propose for public comment new rule R307-104, Conflict of

Interest. Robert Paine seconded. The Board approved unanimously.Air Quality Board December 2, 2015 Page 6 of 8 XI. Propose for Public Comment: Amend R307-101-2. Definitions. Presented by Ryan Stephens.

Ryan Stephens, Environmental Planning Consultant at DAQ, stated the main change is that the

date July 6, 2005, was changed to December 2, 2015, to take into account the most recent

maintenance plan. Another minor change revised a reference to the CAA as amended in 1990.

The rule has been changed to reference the fede ral CAA as found in 42 U.S.C. Chapter 85. Staff

recommends the Board propose for public comment R307-101-2, Definitions.

In response to questions, staff stated it is importa nt to get this rule out to public comment because

it is going to be part of the SIP revision which will be submitted to EPA and it has a definition of

what a maintenance area is. It will not affect the timeline previously stated.

● Erin Mendenhall moved the Board propo se for public comment to amend R307-101-2,

Definitions. Kerry Kelly seconded. The Board approved unanimously.

XII. Informational Items.

A. EPA’s Proposed Discretionary R eclassification. Presented by Bryce Bird.

Bryce Bird, Division Director and Executive Secretary to the Board, stated that as

previously discussed EPA had intended to pro pose a discretionary reclassification to a

serious nonattainment area for each of the current PM 2.5 nonattainment areas. EPA

published that in the Federal Register on Nove mber 9, 2015, and the comment period runs

through December 9, 2015. This issue is related to the provisions under the CAA, under

Part D Subpart 4 that EPA had originally implemented the PM 2.5 provisions under Subpart

1 and because of a Supreme Court decision it w as moved to Subpart 4. Under that new

rule EPA has established a classification system where you originally are designated as a

moderate nonattainment area and then if you don ’t attain the standard by the moderate

attainment date you would be reclassified by operation of law to a serious nonattainment

area within six months after passing that date without making that demonstration. EPA in

their proposal is proposing to reclassify and under that process the initial portions of the

new serious nonattainment SIP would still be required within 18 months. The final

implementation plan that describes the attainme nt plan would be required three years after

designation or reclassification.

What this does in a practical sense is that the major source requirements, the inventory

requirements, would all be in place within 18 months no matter which pathway an area

reached serious nonattainment. But the overall planning requirement would allow the state

to have more years of implementation of the m oderate plan to be effective at adjusting the

design value before the final plan was develope d which is why the state has discussed this

with EPA. It’s not to forestall or de lay any requirement because the substantive

requirements and attainment date do stay the same. The new serious area permitting

requirements still happen within 18 months. Ag ain, the only difference is that the timing

of the plan allows more time for the implemen tation strategies of the moderate plan to be

in effect.

Complicating factors are that EPA has not developed an implementation rule for PM 2.5 under the Subpart 4 requirements and the CAA does not address PM 2.5 at all or what the

test is for meeting the moderate area test. With that, DAQ still believes it is in the state’s

best interest to move in that direction and is encouraged by EPA giving DAQ that option.Air Quality Board December 2, 2015 Page 7 of 8 Another challenge is that currently all areas are meeting the initial test for the moderate

area attainment year. And that is during this year all areas are currently meeting, at least

for one year, the PM 2.5 standard. In looking between now and the end of the year, there is

a possibility that we could remain in attain ment for this year, especially in the Logan

nonattainment area where they haven’t exceeded the standard this year except for a few

days of exceptional events in August during smoke events.

The state will be making comments and in the next week will try to predict what the rest of

the year will bring and whether or not we move forward with a submission of an extension

of the moderate attainment status for another year or whether we take advantage of some

of the benefits that come from the moving from serious nonattainment classification by

this discretionary mechanism.

There is some uncertainty in what the timelin e will be after EPA reaches a final decision.

In reading a combination of what the CAA says and what EPA did in earlier

implementation rules the CAA requirement is that the discretionary reclassification will

need to take effect before the date that w ould trigger an operation of law classification.

Under that reading EPA would have to make the final Federal Register notice before the

end of the year which would be a very quick turnaround for them. Also, in that same

provision in the CAA it says it is triggered off when the SIP was due. Because of the

deadlines rule that EPA published our SIP was due later than it would have been under that

scenario and so that deadline would be six m onths later. That may be some of our

comments, that EPA may not have to make the decision now because the deadline of the

SIP was changed by that timing rule that was published. There is some uncertainty but the

strictest reading is that they would have to publish before the end of the year.

B. Air Toxics. Presented by Robert Ford.

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

D. Monitoring. Presented by Bo Call.

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

data and answered questions from the Board. He noted that negative values at some of the

monitors were due to wires being crossed from the machines and negative numbers were

being collected instead of the real number.

In other discussion, Mr. Call responded the annual numbers are not available yet, but he

knows at the regulatory site, Hawthorne, we we re well above the ozone standard. The

timeline for designation under the new ozone sta ndard is the state submits the attainment

status of all areas of the state in October 2016 and then EPA has up until October 2017 to

make the final designations. Then EPA is anticipating having the guidance for the

designation process out by the end of this year so we know what the breakout is for the

different levels of classification. We don’t ha ve that yet so it is unknown if it will be

marginal, moderate, severe, or extreme until we know what those classification criteria are,

and they have not been published yet.

In regards to last month’s request for monitoring at point of the mountain, staff responded

that there is a whole set of rules that must be followed about where to place a monitor.

There is also the challenge of having the in frastructure available and the cost run such aAir Quality Board December 2, 2015 Page 8 of 8 monitor. DAQ is behind in replacing current e quipment that is beyond its useful life, and

so does not have spare monitors that can be placed in different requested areas.

E. Other Items to be Brought Before the Board.

Written comment in relation to R307-801, Asbestos Rule, from Eldon Romney was

introduced. Mr. Romney requests that in the future a committee be set up to vet asbestos

related rules prior to an asbestos rule going to the Legislature.

_______________________________________________________________________________ Meeting adjourned at 3:02 p.m.

# ITEM 4

### Sta te of Utah

GARY R. HERBERT

Governor

SPENCER J. COX

Lieutenant Governor 

### Department of

Environmental Quality

A lan Matheson

Executive Director

DIVISION OF AIR QUALITY

Bryce C. Bird

Director

DAQ

- 00 5

- 16

M E M O R A N D U M

TO: Air Quality Board

THROUGH: Bryce C. Bird, Executive Secretary

FROM: Joel Karmazyn, Environmental Scientist

DATE: January 21, 2016

SUBJECT: FINAL ADOPTION: Amend R307

- 101

- 2. Definitions; R307

- 312

- 5. Hot Mix Asp halt

Plants; and R307

- 328

- 4. Loading of Tank Trucks, Trailers, Railroad Tank Cars, and Other

Transport Vehicles.

__ ____________________________________________________________________________________

On August 25, 2015, the EPA proposed conditional app roval of sections of Utah’s PM 2.5 State

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

R307

- 101

- 2, R307

- 312

- 5, and R307

- 328

- 4. The s tate sent a letter to the EPA that committed to revising

the rul es. The Board proposed amendments that would satisfy that commitment on October 7, 2015. The

amendments are described below.

Amendments to R307

- 101

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

the exception of ammon ia. The amendment removed the PM 2.5 precursors from the definition of PM 2.5

.

Amendments to R307

- 312

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

equivalent method on a daily basis.” The EPA requested three equival ent methods. The amendment replaced

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

equivalent methods as the EPA requested.

Amendments to R307

- 328

- 4: The rule stated that gasoline loading shall b e performed by “submerged filling

or alternative equivalent methods.” The amendment removed “alternative equivalent methods” because filling

should be performed via submerged delivery to reduce the v olatile o rganic c ompound generation.

195 North 1950 West • Salt Lake City, U tah

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

- 48 2 0

Telephone (801) 53 6

- 4 0 00 • Fax (801 ) 536

- 4099 • T.D.D. (801) 903

- 3978

www.deq.utah.gov

Printed on 100% recycled paperDAQ

- 0 05

- 16

Page 2

A 30 day comme nt period was held regarding these rules, no comments were received, and a hearing was not

requested.

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

- 101

- 2, R307

-

312

- 5, and R307

- 328

- 4 as proposed.R307

- 101

- 2 January 2 1, 2016 Page 1 of 17

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

**R307**

**- 101. General Requirements.**  2

**R307**

**- 101** 

**- 2. Definitions.**  3

Except where specified in individual rules, definitions in 4

R307

- 101

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

Board. 6

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

pollutant from an emissions unit determined as follows: 8

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

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

actually emitted the pollutant during a two

- year period which 11

precedes the particular date and which is representative of normal 12

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

different time period upon a determination that it is more 14

representative of normal source operation. Actual emissions shall 15

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

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

during the selected time period. 18

(2) The director may presume that source

- specific allowable 19

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

the unit. 21

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

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

operations on the particular date, actual emissions shall equal 24

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

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

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

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

shall equal the representative actual annual emissions of the 29

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

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

the date the unit resumes reg ular operation, information 32

demonstrating that the physical or operational change did not 33

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

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

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

source post

- change operations. 37

"Acute Hazardous Air Pollutant" means any noncarcinogenic 38

hazardous air pollutant for which a threshold limit value

- 39

ceiling (TLV

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

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

Values for Chemical Substances and Physical Agents and Biological 42

Exposure Indices, (2009)." 43

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

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

and water vapors (Section 19

- 2

- 102(1)). 46

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

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emission of air contaminants whether privately or publicly owned 1

or operated (Section 19

- 2

- 102(2)). 2

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

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

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

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

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

property as determined by the standards, rules and regulations 8

adopted by the Air Quality Board (Section 19

- 2

- 104). 9

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

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

the source is subject to enforceable limits which restrict the 12

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

limitation established pursuant to R307

- 401

- 8. 14

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

19

- 2

- 102(4)). 16

"Appropri ate Authority" means the governing body of any city, 17

town or county. 18

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

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

exterior ducts. 21

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

22

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

combination fire department; or other local agency duly designated 24

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

Health; and other lawfully adopted ordinances, codes or 26

regu lations not in conflict therewith. 27

"Board" means Air Quality Board. See Section 19

- 2

- 102(8)(a). 28

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

include but not limited to any malfunction or procedural error 30

during start

- up and shutdown, which will result in the 31

inoperability or sudden loss of performance of the control 32

equipment or process equipment causing emissions in excess of 33

those allowed by approval order or Title R307. 34

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

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

degree Fahrenheit. 37

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

readout over a stated period of time of normal continuous 39

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

th e same known upscale value. 41

"Carbon Adsorption System" means a device containing 42

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

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

disposal or reuse of all VOC adsorbed. 45

"Carcinogenic Hazardous Air Pollutant" means any hazardous 46

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

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

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

Values for Chemical Substances and Physical Agents and Biological 3

Exposure Indices, (2009)." 4

"Chargeable Pollutant" means any regulated air pollutant 5

except the following: 6

(1) Carbon monoxide; 7

(2) Any pollutant that is a regulated air pollutant solel y 8

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

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

Ozone Protection; 11

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

because it is subject to a standard or regulatio n under Section 13

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

"Chronic Hazardous Air Pollutant" means any noncarcinogenic 15

hazardous air pollutant for which a threshold limit value

- time 16

weighted average (TLV

- TWA) having no threshold limit value

- 17

ceiling (TLV

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

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

Values for Chemical Substances and Physical Agents and Biological 20

Exposure Indices, (2009)." 21

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

1990. 23

"Clean Coal Technology" means any technology, including 24

technologies applied at the precombustion, combustion, or post 25

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

significant reductions in air emissi ons of sulfur dioxide or 27

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

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

widespread use as of November 15, 1990. 30

"Clean Coal Technology Demonstration Project" means a project 31

u sing funds appropriated under the heading "Department of Energy

32

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

commercial demonstration of clean coal technology, or similar 34

projects funded through appropriations for the Environmental 35

Pr otection Agency. The Federal contribution for a qualifying 36

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

demonstration project. 38

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

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

number is provided by the National Weather Service. 41

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

major modification means that the owner or operator has all 43

necessary pre

- construction approvals or permits and either has: 44

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

actual on

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

a reasonable time; or 47R307

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- 2 January 2 1, 2016 Page 4 of 17

(2) Entered into binding agreements or contractual 1

obligations, which cannot be canceled or modified without 2

substan tial loss to the owner or operator, to undertake a program 3

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

reasonable time. 5

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

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

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

particulate matter immediately after discharge from the stack. 9

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

which will result in compliance with these regulations. 11

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

method of operation including fabrication, erection, installation, 13

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

change in actual emissions. 15

"Control Apparatus" means any device which prevents or 16

controls the emission of any air contaminant directly or 17

indirectly into the outdoor atmosphere. 18

"Department" means Utah State Department of Environmental 19

Quality. See Section 19

- 1

- 103(1). 20

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

See Section 19

- 1

- 103(1). 22

"Division" means the Division of Air Quality. 23

"Electric Utility Steam Generating Unit" means any steam 24

electric generating unit that is constructed for the purpose of 25

supplying more than one

- third of its potential electric output 26

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

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

distribution system for the purpose of providing steam to a steam

29

electric generator that woul d produce electrical energy for sale 30

is also considered in determining the electrical energy output 31

capacity of the affected facility. 32

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

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

air contaminant; or the effluent so discharged into the 35

atmosphere. 36

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

operation, equipment or control apparatus: 38

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

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

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

source operation, equipment, or control apparatus; 42

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

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

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

applicable standard or limitation, the source operation was 46

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

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- 2 January 2 1, 2016 Page 5 of 17

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

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

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

the source operation to the extent necessary to identify the 4

source operation and to distinguish it from other source 5

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

a description of the device, installation, or operation 7

constituting the source operation). 8

"Emission Limitation" means a requirement established by the 9

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

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

continuous emission reduction including any requirement relating 12

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

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

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

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

regulation under the Clean Air Act. 17

"Enforceable" means all limitations and conditions which are 18

enfor ceable by the Administrator, including those requirements 19

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

the State Implementation Plan and R307, any permit requirements 21

established pursuant to 40 CFR 52.21 or R307

- 401. 22

"EPA" means Envir onmental Protection Agency. 23

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

"Visual Determination of Opacity of Emissions from Stationary 25

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

emissions from stationary sources remotely by LIDAR." 27

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

Department of Environmental Quality. See Section 19

- 1

- 103(2). 29

"Existing Installation" means an installation, construction 30

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

having application to it. 32

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

or accessories thereof, installed or acquired for the primary 34

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

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

comfort of personnel. 37

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

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

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

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

train. 42

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

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

similarly prepared device connected to a chimney which provides 45

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

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

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Fireplaces include those devices with circulating systems, heat 1

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

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

purposes. 4

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

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

becomes airborne because of wind or mechanical disturbance of 7

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

fugitive dust within the meaning of this definition. 9

"Fugitive Emissions" means emissions from an installation or 10

facility which are neither passed through an air cleaning device 11

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

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

"Garbage" means all putrescible animal and vegetable matter 14

resulting from the handling, preparation, cooking and consumption 15

of food, including wastes attendan t thereto. 16

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

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

pounds or greater. 19

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

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

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

available at the Division of Air Quality. 23

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

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

day

- to

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

products, rags, leaves and garden trash. 27

"Incinerator" means a combustion apparatus designed for high 28

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

gaseous combustible wastes a re ignited and burned efficiently and 30

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

combustible material. 32

"Installation" means a discrete process with identifiable 33

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

Pollution equip ment shall not be considered a separate 35

installation or installations. 36

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

butane. 38

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

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

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

from nonattainment to attainment of any National Ambient Air 42

Quality Standard. 43

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

ozone: 45

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

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

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- 2 January 2 1, 2016 Page 7 of 17

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

carbon monoxide: 2

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

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

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

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

PM10: 7

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

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

July 6, 2005; and 10

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

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

2005; and 13

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

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

2005. 16

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

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

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

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

January 5, 2005. 21

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

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

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

emissions increase that is significant for volatile organic 25

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

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

emissions increase that is significant for nitrogen oxides shall 28

be considered significant for ozone. Within areas of 29

nonattainment for PM10, a significant net emission increase for 30

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

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

shall not include: 33

(1) routine maintenance, repair and replacement; 34

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

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

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

gas curtailment plan pursuant to the Federal Power Act; 38

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

under section 125 of the federal Clean Air Act; 40

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

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

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

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

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

enforceable permit condition; or 46

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

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- 2 January 2 1, 2016 Page 8 of 17

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

production rate unless such change would be prohibited under any 2

enforceable permit condition; 3

(7) any change in ownership at a source 4

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

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

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

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

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

pollution control project woul d result in a significant net 10

increase in representative actual annual emissions of any criteria 11

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

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

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

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

contribute to a violation of any national ambient air quality 16

standard or PSD increment, or visibility limitation. 17

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

tem porary clean coal technology demonstration project, provided 19

that the project complies with: 20

(a) the Utah State Implementation Plan; and 21

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

national ambient air quality standards during the proje ct and 23

after it is terminated. 24

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

Clean Air Act as applicable to R307: 26

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

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

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

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

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

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

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

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

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

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

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

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

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

Clean Air Act; or 40

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

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

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

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

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

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

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

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- 2 January 2 1, 2016 Page 9 of 17

constitute a major source by itself; 1

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

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

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

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

categories of stationary sources: 6

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

(b) Kraft pulp mills; 8

(c) Portland cement plants; 9

(d) Primary zinc smelters; 10

(e) Iron and steel mills; 11

(f) Primary aluminum or reduction plants; 12

(g) Primary copper smelters; 13

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

tons of refuse per day; 15

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

(j) Petroleum refineries; 17

(k) Lime plants; 18

(l) Phosphate rock processing plants; 19

(m) Coke oven batteries; 20

(n) Sulfur recovery plants; 21

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

(p) Primary lead smelters; 23

(q) Fuel conversion plants; 24

(r) Sintering plants; 25

(s) Secondary metal production plants; 26

(t) Chemical process plants; 27

(u) Fossil

- fuel boilers (or combination thereof) totaling 28

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

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

storage capacity exceeding 300,000 barrels; 31

(w) Taconite ore processing plants; 32

(x) Glass fiber processing plants; 33

(y) Charcoal production plants; 34

(z) Fossil fuel

- fired steam electri c plants of more than 250 35

million British Thermal Units per hour heat input; 36

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

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

federal Clean Air Act. 39

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

results in a potential increase of emission. 41

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

allowable concentrations of air pollutants in the ambient air 43

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

Regulations, Part 50). 45

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

the following exceeds zero: 47R307

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- 2 January 2 1, 2016 Page 10 of 17

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

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

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

the source that are contemporaneous with the particular change and 4

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

emissions increase": 6

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

contempo raneous with the increase from the particular change only 8

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

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

from the particular change occurs. 11

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

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

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

increase in actual emissions for the particular change occurs. 15

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

dioxide, nitrogen oxides or particulate matter which occurs before 17

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

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

allowable increases remaining available. With r espect to 20

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

this increase or decrease. 22

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

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

level. 25

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

extent that: 27

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

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

actual emissions; 30

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

construction on the particular change begins; and 32

(iii) It has approximately the same qualitative significance 33

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

from the particular change. 35

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

R307

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

reasonable further progress. 38

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

source occurs when the emissions unit on which construction 40

occurred becomes operational and begins to emit a particular 41

pollutant. Any replacement unit that requires shakedown becomes 42

operational only after a reasonable shakedown period, not to 43

exceed 180 days. 44

"New Installation" means an installation, construction of 45

which began after the effective date of any regulation having 46

application to it. 47R307

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- 2 January 2 1, 2016 Page 11 of 17

"Nonattainment Area" means an area designated by the 1

Environmental Protection Agency as nonattainment under Section 2

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

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

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

greater than the emission limitation imposed on such source by 6

these regulations and/or the State Implementation Plan. 7

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

light, expressed as percent. 9

"Open Burning" means any burning of combustible materials 10

resulting in emission of products of combustion into ambient air 11

without passage through a chimney or stack. 12

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

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

or air pollution control equipment. 15

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

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

Clean Air Ac t. 18

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

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

EPA reference or equivalent method. 21

"PM10" means particulate matter with an aerodynamic diameter 22

less than or equal to a no minal 10 micrometers as measured by an 23

EPA reference or equivalent method. 24

"PM10 Precursor" means any chemical compound or substance 25

which, after it has been emitted into the atmosphere, undergoes 26

chemical or physical changes that convert it into particul ate 27

matter, specifically PM10. 28

"Part 70 Source" means any source subject to the permitting 29

requirements of R307

- 415. 30

"Person" means an individual, trust, firm, estate, company, 31

corporation, partnership, association, state, state or federal 32

agency or enti ty, municipality, commission, or political 33

subdivision of a state. (Subsection 19

- 2

- 103(4)). 34

"Pollution Control Project" means any activity or project at 35

an existing electric utility steam generating unit for purposes of 36

reducing emissions from such unit . Such activities or projects 37

are limited to: 38

(1) The installation of conventional or innovative pollution 39

control technology, including but not limited to advanced flue gas 40

desulfurization, sorbent injection for sulfur dioxide and nitrogen 41

oxides contr ols and electrostatic precipitators; 42

(2) An activity or project to accommodate switching to a 43

fuel which is less polluting than the fuel used prior to the 44

activity or project, including, but not limited to natural gas or 45

coal reburning, or the cofiring o f natural gas and other fuels for 46

the purpose of controlling emissions; 47R307

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- 2 January 2 1, 2016 Page 12 of 17

(3) A permanent clean coal technology demonstration project 1

conducted under Title II, sec. 101(d) of the Further Continuing 2

Appropriations Act of 1985 (sec. 5903(d) of title 42 of th e United 3

States Code), or subsequent appropriations, up to a total amount 4

of $2,500,000,000 for commercial demonstration of clean coal 5

technology, or similar projects funded through appropriations for 6

the Environmental Protection Agency; or 7

(4) A permane nt clean coal technology demonstration project 8

that constitutes a repowering project. 9

"Potential to Emit" means the maximum capacity of a source to 10

emit a pollutant under its physical and operational design. Any 11

physical or operational limitation on the capacity of the source 12

to emit a pollutant including air pollution control equipment and 13

restrictions on hours of operation or on the type or amount of 14

material combusted, stored, or processed shall be treated as part 15

of its design if the limitation or the effect it would have on 16

emissions is enforceable. Secondary emissions do not count in 17

determining the potential to emit of a stationary source. 18

"Primary PM2.5" means the sum of filterable PM2.5 and 19

condensable PM2.5. 20

"Process Level" means the operation of a source, specific to 21

the kind or type of fuel, input material, or mode of operation. 22

"Process Rate" means the quantity per unit of time of any raw 23

material or process intermediate consumed, or product generated, 24

through the use of any equipment, sour ce operation, or control 25

apparatus. For a stationary internal combustion unit or any other 26

fuel burning equipment, this term may be expressed as the quantity 27

of fuel burned per unit of time. 28

"Reactivation of a Very Clean Coal

- Fired Electric Utility 29

Steam Generating Unit" means any physical change or change in the 30

method of operation associated with the commencement of commercial 31

operations by a coal

- fired utility unit after a period of 32

discontinued operation where the unit: 33

(1) Has not been in operation for the two

- year period prior 34

to the enactment of the Clean Air Act Amendments of 1990, and the 35

emissions from such unit continue to be carried in the emission 36

inventory at the time of enactment; 37

(2) Was equipped prior to shutdown with a continuous syst em 38

of emissions control that achieves a removal efficiency for sulfur 39

dioxide of no less than 85 percent and a removal efficiency for 40

particulates of no less than 98 percent; 41

(3) Is equipped with low

- NOx burners prior to the time of 42

commencement of opera tions following reactivation; and 43

(4) Is otherwise in compliance with the requirements of the 44

Clean Air Act. 45

"Reasonable Further Progress" means annual incremental 46

reductions in emission of an air pollutant which are sufficient to 47R307

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- 2 January 2 1, 2016 Page 13 of 17

provide for attainment of the NAAQS by the date identified in the 1

State Implementation Plan. 2

"Refuse" means solid wastes, such as garbage and trash. 3

"Regulated air pollutant" means any of the following: 4

(a) Nitrogen oxides or any volatile organic compound; 5

(b) Any polluta nt for which a national ambient air quality 6

standard has been promulgated; 7

(c) Any pollutant that is subject to any standard 8

promulgated under Section 111 of the Act, Standards of Performance 9

for New Stationary Sources; 10

(d) Any Class I or II substance subject to a standard 11

promulgated under or established by Title VI of the Act, 12

Stratospheric Ozone Protection; 13

(e) Any pollutant subject to a standard promulgated under 14

Section 112, Hazardous Air Pollutants, or other requirements 15

established under Sectio n 112 of the Act, including Sections 16

112(g), (j), and (r) of the Act, including any of the following: 17

(i) Any pollutant subject to requirements under Section 18

112(j) of the Act, Equivalent Emission Limitation by Permit. If 19

the Administrator fails to prom ulgate a standard by the date 20

established pursuant to Section 112(e) of the Act, any pollutant 21

for which a subject source would be major shall be considered to 22

be regulated on the date 18 months after the applicable date 23

established pursuant to Section 112 (e) of the Act; 24

(ii) Any pollutant for which the requirements of Section 25

112(g)(2) of the Act (Construction, Reconstruction and 26

Modification) have been met, but only with respect to the 27

individual source subject to Section 112(g)(2) requirement. 28

"Repow ering" means replacement of an existing coal

- fired 29

boiler with one of the following clean coal technologies: 30

atmospheric or pressurized fluidized bed combustion, integrated 31

gasification combined cycle, magnetohydrodynamics, direct and 32

indirect coal

- fired t urbines, integrated gasification fuel cells, 33

or as determined by the Administrator, in consultation with the 34

Secretary of Energy, a derivative of one or more of these 35

technologies, and any other technology capable of controlling 36

multiple combustion emissio ns simultaneously with improved boiler 37

or generation efficiency and with significantly greater waste 38

reduction relative to the performance of technology in widespread 39

commercial use as of November 15, 1990. 40

(1) Repowering shall also include any oil and/o r gas

- fired 41

unit which has been awarded clean coal technology demonstration 42

funding as of January 1, 1991, by the Department of Energy. 43

(2) The director shall give expedited consideration to 44

permit applications for any source that satisfies the requireme nts 45

of this definition and is granted an extension under section 409 46

of the Clean Air Act. 47R307

- 101

- 2 January 2 1, 2016 Page 14 of 17

"Representative Actual Annual Emissions" means the average 1

rate, in tons per year, at which the source is projected to emit a 2

pollutant for the two

- year period afte r a physical change or 3

change in the method of operation of unit, (or a different 4

consecutive two

- year period within 10 years after that change, 5

where the director determines that such period is more 6

representative of source operations), considering the ef fect any 7

such change will have on increasing or decreasing the hourly 8

emissions rate and on projected capacity utilization. In 9

projecting future emissions the director shall: 10

(1) Consider all relevant information, including but not 11

limited to, historica l operational data, the company's own 12

representations, filings with the State of Federal regulatory 13

authorities, and compliance plans under title IV of the Clean Air 14

Act; and 15

(2) Exclude, in calculating any increase in emissions that 16

results from the par ticular physical change or change in the 17

method of operation at an electric utility steam generating unit, 18

that portion of the unit's emissions following the change that 19

could have been accommodated during the representative baseline 20

period and is attribut able to an increase in projected capacity 21

utilization at the unit that is unrelated to the particular 22

change, including any increased utilization due to the rate of 23

electricity demand growth for the utility system as a whole. 24

"Residence" means a dwelling in which people live, including 25

all ancillary buildings. 26

"Residential Solid Fuel Burning" device means any residential 27

burning device except a fireplace connected to a chimney that 28

burns solid fuel and is capable of, and intended for use as a 29

space heater , domestic water heater, or indoor cooking appliance, 30

and has an air

- to

- fuel ratio less than 35

- to

- 1 as determined by 31

the test procedures prescribed in 40 CFR 60.534. It must also 32

have a useable firebox volume of less than 6.10 cubic meters or 20 33

cubic fe et, a minimum burn rate less than 5 kilograms per hour or 34

11 pounds per hour as determined by test procedures prescribed in 35

40 CFR 60.534, and weigh less than 800 kilograms or 362.9 pounds. 36

Appliances that are described as prefabricated fireplaces and are 37

designed to accommodate doors or other accessories that would 38

create the air starved operating conditions of a residential solid 39

fuel burning device shall be considered as such. Fireplaces are 40

not included in this definition for solid fuel burning device s. 41

"Road" means any public or private road. 42

"Salvage Operation" means any business, trade or industry 43

engaged in whole or in part in salvaging or reclaiming any product 44

or material, including but not limited to metals, chemicals, 45

shipping containers or d rums. 46

"Secondary Emissions" means emissions which would occur as a 47R307

- 101

- 2 January 2 1, 2016 Page 15 of 17

result of the construction or operation of a major source or major 1

modification, but do not come from the major source or major 2

modification itself. 3

Secondary emissions must be specific, well defined, 4

quantifiable, and impact the same general area as the source or 5

modification which causes the secondary emissions. Secondary 6

emissions include emissions from any off

- site support facility 7

which would not be constructed or increase its emissi ons except as 8

a result of the construction or operation of the major source or 9

major modification. Secondary emissions do not include any 10

emissions which come directly from a mobile source such as 11

emissions from the tailpipe of a motor vehicle, from a tra in, or 12

from a vessel. 13

Fugitive emissions and fugitive dust from the source or 14

modification are not considered secondary emissions. 15

"Secondary PM2.5" means particles that form or grow in mass 16

through chemical reactions in the ambient air well after diluti on 17

and condensation have occurred. Secondary PM2.5 is usually formed 18

at some distance downwind from the source. 19

"Significant" means: 20

(1) In reference to a net emissions increase or the 21

potential of a source to emit any of the following pollutants, a 22

ra te of emissions that would equal or exceed any of the following 23

rates: 24

Carbon monoxide: 100 ton per year (tpy); 25

Nitrogen oxides: 40 tpy; 26

Sulfur dioxide: 40 tpy; 27

PM10: 15 tpy; 28

PM2.5: 10 tpy; 29

Particulate matter: 25 tpy; 30

Ozone: 40 tpy of volatil e organic compounds; 31

Lead: 0.6 tpy. 32

"Solid Fuel" means wood, coal, and other similar organic 33

material or combination of these materials. 34

"Solvent" means organic materials which are liquid at 35

standard conditions (Standard Temperature and Pressure) and w hich 36

are used as dissolvers, viscosity reducers, or cleaning agents. 37

"Source" means any structure, building, facility, or 38

installation which emits or may emit any air pollutant subject to 39

regulation under the Clean Air Act and which is located on one or 40

m ore continuous or adjacent properties and which is under the 41

control of the same person or persons under common control. A 42

building, structure, facility, or installation means all of the 43

pollutant

- emitting activities which belong to the same industrial 44

gr ouping. Pollutant

- emitting activities shall be considered as 45

part of the same industrial grouping if they belong to the same 46

"Major Group" (i.e. which have the same two

- digit code) as 47R307

- 101

- 2 January 2 1, 2016 Page 16 of 17

described in the Standard Industrial Classification Manual, 1972, 1

as am ended by the 1977 Supplement (US Government Printing Office 2

stock numbers 4101

- 0065 and 003

- 005

- 00176

- 0, respectively). 3

"Stack" means any point in a source designed to emit solids, 4

liquids, or gases into the air, including a pipe or duct but not 5

including flares. 6

"Standards of Performance for New Stationary Sources" means 7

the Federally established requirements for performance and record 8

keeping (Title 40 Code of Federal Regulations, Part 60). 9

"State" means Utah State. 10

"Temporary" means not more than 180 calendar days. 11

"Temporary Clean Coal Technology Demonstration Project" means 12

a clean coal technology demonstration project that is operated for 13

a period of 5 years or less, and which complies with the Utah 14

State Implementation Plan and other requirements necessary to 15

attain and maintain the national ambient air quality standards 16

during the project and after it is terminated. 17

"Threshold Limit Value

- Ceiling (TLV

- C)" means the airborne 18

concentration of a substance which may not be exceeded, as adopted 19

by the American Conference of Governmental Industrial Hygienists 20

in its "Threshold Limit Values for Chemical Substances and 21

Physical Agents and Biological Exposure Indices, (2009)." 22

"Threshold Limit Value

- Time Weighted Average (TLV

- TWA)" 23

means the time

- wei ghted airborne concentration of a substance 24

adopted by the American Conference of Governmental Industrial 25

Hygienists in its "Threshold Limit Values for Chemical Substances 26

and Physical Agents and Biological Exposure Indices, (2009)." 27

"Total Suspended Part iculate (TSP)" means minute separate 28

particles of matter, collected by high volume sampler. 29

"Toxic Screening Level" means an ambient concentration of an 30

air contaminant equal to a threshold limit value

- ceiling (TLV

31

C) or threshold limit value

- time wei ghted average (TLV

- TWA) 32

divided by a safety factor. 33

"Trash" means solids not considered to be highly flammable or 34

explosive including, but not limited to clothing, rags, leather, 35

plastic, rubber, floor coverings, excelsior, tree leaves, yard 36

trimmings and other similar materials. 37

"Volatile Organic Compound (VOC)" means VOC as defined in 40 38

CFR 51.100(s), effective as of the date referenced in R307

- 101

- 3, 39

is hereby adopted and incorporated by reference. 40

"Waste" means all solid, liquid or gaseous material, 41

including, but not limited to, garbage, trash, household refuse, 42

construction or demolition debris, or other refuse including that 43

resulting from the prosecution of any business, trade or industry. 44

"Zero Drift" means the change in the instrument meter re adout 45

over a stated period of time of normal continuous operation when 46

the VOC concentration at the time of measurement is zero. 47R307

- 101

- 2 January 2 1, 2016 Page 17 of 17

1

2

**KEY: air pollution, definitions** 3

**Date of Enactment or Last Substantive Amendment: 2015**  4

**Notice of Continuation: May 8, 2014** 5

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

**- 2** 

**- 104(1)(a)**  6R307

- 312

- 5 January 2 1, 2016 Page 1 of 1

1

**R307. Environmental Quality, Air Quality.** 2

**R307**

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

**Areas.** 4

**R307**

**- 312** 

**- 5. Hot Mix Asphalt Plants.**  5

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

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

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

51, Appendix M, Method 201A. 9

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

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

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

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

belt scale records or manifest statements on a daily basis. 14

(b) Compliance shall be based on either the daily amount of 15

hot mix asphalt produced averaged over the operating day or the 16

daily amount of hot mix asphalt produced while burning a fuel 17

other than natural gas or LPG averaged over the time the plant is 18

op erating while burning a fuel other than natural gas or LPG each 19

day. 20

(c) Compliance shall be determined by production records and 21

fuel records. 22

23

24

**KEY: air pollution, aggregate, asphalt, concrete** 25

**Date of Enactment or Last Substantive Amendment: 2015**  26

**Auth orizing, and Implemented or Interpreted Law: 19** 

**- 2** 

**- 101; 19** 

**- 2** 

**-** 27

**104; 19**

**- 2** 

**- 109**  28R307

- 328

- 4 January 2 1 , 201 6 Page 1 of 2

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

**R307**

**- 328. Gasoline Transfer and Storage.**  2

**R307**

**- 328** 

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

**and Other Transport Vehicles.** 4

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

into any gasoline cargo tank unless the emissions from such 6

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

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

and in n o case shall vapor emissions to the atmosphere exceed 9

0.640 pounds per 1,000 gallons transferred. 10

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

properly installed and maintained. 12

(3) The loading device shall not leak. 13

(4) The loading device s hall utilize the dry

- break loading 14

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

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

consecutive disconnects. 17

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

fittings whic h make a vapor tight connection and shall 19

automatically close upon disconnection to prevent release of the 20

organic material. 21

(6) A gasoline storage and transfer installation that 22

receives inbound loads and dispatches outbound loads ("bulk 23

plant") need no t comply with R307

- 328

- 4 if it does not have a 24

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

more liters) of gasoline based upon a 30

- day rolling average. 26

Such installations shall on

- load and off

- load gasoline by use of 27

bottom or submerge d filling. The emission limitation is based on 28

operating procedures and equipment specifications using Reasonably 29

Available Control Technology as defined in EPA documents EPA 30

450/2

- 77

- 026 October 1977, "Control of Hydrocarbons from Tank 31

Truck Gasoline Loa ding Terminals," and EPA

- 450/2

- 77

- 035 December 32

1977, "Control of Volatile Organic Emissions from Bulk Gasoline 33

Plants." The design effectiveness of such equipment and the 34

operating procedures must be documented and submitted to and 35

approved by the directo r. 36

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

any time during loading operations except to avoid emergency 38

situations or during emergency situations. Pressure relief valves 39

on storage tanks and gasoline cargo tanks shall be set to releas e 40

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

local fire codes and National Fire Prevention Association 42

guidelines. Pressure in the vapor collection system shall not 43

exceed the gasoline cargo tank pressure relief setting. 44

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

dispensing installation shall conduct testing of vapor collection 46

systems used at such installation and shall maintain records of 47R307

- 328

- 4 January 2 1 , 201 6 Page 2 of 2

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

collect ion systems shall be approved by the director and shall be 2

consistent with the procedures described in the EPA document, 3

"Control of Volatile Organic Compound Leaks from Gasoline Tank 4

Trucks and Vapor Collection Systems," EPA

- 450/2

- 78

- 051. 5

(9) Semi

- annua l testing shall be conducted and records 6

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

the director upon submittal of documentation which would justify a 8

change. 9

(10) The vapor collection and vapor processing equipment 10

shall be desig ned and operated to prevent gauge pressure in the 11

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

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

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

percent of t he lower explosive limit measured at 1.04 inches 15

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

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

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

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

leaks are permitted during testing or monitoring. 20

21

**KEY: air pollution, gasoline transport, ozone** 22

**Date of Enactment or Last Substantive Amendment: 2015**  23

**Notice of Continuation: February 1, 2012** 24

**Authorizin g, and Implemented or Interpreted Law: 19** 

**- 2** 

**- 101; 19** 

**- 2** 

**-** 25

**104(1)(a)** 26

# ITEM 5

### State of Utah

GARY R. HERBERT

Governor

SPENCER J. COX

Lieutenant Governor 

### Department of

Environmental Quality

A lan Matheson

Executive Director

DIVISION OF A IR QUALITY

Bryce C. Bird

Director

DAQ

- 00 4

- 16

M E M O R A N D U M

TO: Air Quality Board

THROUGH: Bryce C. Bird, Executive Secretary

THROUGH: Regg Olsen, Permitting Branch Manager

FROM : David Beatty, Operating Permit Section Manager

DATE: January 21, 2016

SUBJECT: FINAL ADOPTI ON: Amend R307

- 405

- 3. Definitions; and R307

- 415

- 3. Definitions.

______________________________________________________________________________________

On August 12, 2015, the EPA issued a good cause final rule to remove portions of its Prevention of

Sig nificant Deterioration (PSD) and Title V permitting regulations that were initially promulgated in 2010

and that the Court of Appeals for the District of Columbia Circuit specifically identified as vacated in the

amended version of Coalition for Responsibl e Regulation v. EPA. The amended judgment was a response

to the U.S. Supreme Court decision in Utility Air Regulatory Group (UARG) v. EPA

.

In UARG v. EPA , the U.S. Supreme Court said that the EPA may not treat greenhouse gases (GHG) as an

air pollutant for the specific purpose of determining whether a source (or modification thereof) is required

to obtain a PSD or Title V permit, and thus declared that the EPA regulations implementing that approach

for determining whether a PSD or Title V permit is nece ssary, are invalid.

On October 7, 2015, the Board proposed changes to R307

- 405

- 3 and R307

- 415

- 3 so that Utah’s rules align

with federal regulations and case law. The effect of these amendments is the withdrawal of five Title V

sources that were identifie d as GHG sources as a result of the now partially vacated federal regulation.

A 30 day comment period was held, no comments were received, and a hearing was not requested.

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

- 405

- 3 and R307

-

415

- 3 as proposed.

195 North 1950 West • Salt Lake City, U tah

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

- 48 2 0

Telephone (801) 53 6

- 4 0 00 • Fax (801 ) 536

- 4099 • T.D.D. (801) 903

- 3978

www.deq.utah.gov

Printed on 100% recycled paperR307

- 405

- 3 January 2 1, 201 6 Page 1 of 3

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

**R307**

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

**Areas (PSD).** 3

4

**R307**

**- 405** 

**- 3. Definitions.**  5

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

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

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

52.21(b)(15)(ii)(b) insert the words "or R307

- 405" after "Is 9

subject to 40 CFR 52.21". 10

(b) "Rev iewing Authority" means the director. 11

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

"director" throughout R307

- 405, except as provided in (ii). 13

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

Administrator" in the following incorporated se ctions: 15

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

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

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

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

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

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

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

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

(d) The fol lowing definitions or portions of definitions 24

that apply to the equipment repair and replacement provisions are 25

not incorporated because these provisions were vacated by the DC 26

Circuit Court of Appeals on March 17, 2006: 27

(i) in the definition major modif ication in 40 CFR 28

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

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

52.21(b)(55), 31

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

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

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

(b)(57), and 35

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

52.21(b)(58). 37

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

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

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

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

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

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

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

federal Clean Air Act, and which have not been delisted pursuant 45R307

- 405

- 3 January 2 1, 201 6 Page 2 of 3

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

listed hazardous air pollutant is also regulated as a constituent 2

or pre cursor of a general pollutant listed under section 108 of 3

the federal Clean Air Act." 4

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

40 CFR 52.21 (p) that is incorporated by reference in R307

- 405

- 17, 6

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

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

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

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

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

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

revised pursuant to R307

- 415. 13

(6) "Title V Operating Permit Program" means R307

- 415. 14

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

Height" as defined in R307

- 410 shall appl y in this rule. 16

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

R307

- 410 shall apply in this rule. 18

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

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

Clean Air Act, or a nationally

- applicable regulation codified by 21

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

requires actual control of the quantity of emissions of that 23

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

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

emissions of that pollutant released from the regulated activity. 26

Except that: 27

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

40 CFR 86.1818

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

the aggrega te group of six greenhouse gases: carbon dioxide, 30

nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and 31

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

provided in paragraph (d) of this section. 33

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

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

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

computed as follows: 37

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

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

associated global warming potential published at Table A

- 1 to 40

subpart A of 40 CFR Part 98

- Global Warming Potentials, that is 41

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

56395

- 96). 43

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

section for each gas to compute a tpy CO2e. 45R307

- 405

- 3 January 2 1, 201 6 Page 3 of 3

(c) The term "emissions increase" as used in paragraph (d) 1

of this section shall mean that both a significant emissions 2

increase (as calculated using the p rocedures in 40 CFR 52.21 3

(a)(2)(iv) that is incorporated by reference in R307

- 405

- 2) and a 4

significant net emissions increase (as defined in paragraphs 40 5

CFR 52.21(b)(3) and (b)(23) that is incorporated by reference in 6

R307

- 405

- 3) occur. For the pollutan t GHGs, an emissions increase 7

shall be based on tpy CO2e, and shall be calculated assuming the 8

pollutant GHGs is a regulated NSR pollutant, and ''significant'' 9

is defined as 75,000 tpy CO2e instead of applying the value in 10

paragraph 40 CFR 52.21(b)(23)(ii)

. 11

(d) Beginning January 2, 2011, the pollutant GHGs is subject 12

to regulation if: 13

(i) The stationary source is a new major stationary source 14

for a regulated NSR pollutant that is not GHGs, and also will emit 15

or will have the potential to emit 75,000 tpy CO2e or more; or 16

(ii) The stationary source is an existing major stationary 17

source for a regulated NSR pollutant that is not GHGs, and also 18

will have an emissions increase of a regulated NSR pollutant, and 19

an emissions increase of 75,000 tpy CO2e or mor e. 20

21

22

**KEY: air pollution, PSD, Class I area, greenhouse gases** 23

**Date of Enactment or Last Substantive Amendment: 2015**  24

**Notice of Continuation: January 28, 2014** 25

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

**- 2** 

**- 104**  26R307

- 415

- 3 January 2 1 , 201 6 Page 1 of 6

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

**R307**

**- 415. Permits: Operating Permit Requirements.**  2

3

**R307**

**- 415** 

**- 3. Definitions.**  4

(1) The definitions contained in R307

- 101

- 2 apply thr oughout 5

R307

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

(2) The following additional definitions apply to R307

- 415. 7

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

seq. 9

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

design ee. 11

"Affected States" are all states: 12

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

contiguous to Utah; or 14

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

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

of such agents, includin g any physical, chemical, biological, or 17

radioactive (including source material, special nuclear material, 18

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

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

precursors to the form ation of any air pollutant, to the extent 21

the Administrator has identified such precursor or precursors for 22

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

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

apply to emissions uni ts in a Part 70 source, including 25

requirements that have been promulgated or approved by the Board 26

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

but have future

- effective compliance dates: 28

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

State Implementation Plan; 30

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

R307

- 401; 32

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

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

including Section 111(d); 35

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

the Act, Hazardous Air Pollutants, including any requirement 37

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

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

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

thereunder; 41

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

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

Act, Enhanced Monitoring and Compliance Certification; 44

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

incineration, under Section 129 of the Act; 46

(h) Any standard or other requirement f or consumer and 47R307

- 415

- 3 January 2 1 , 201 6 Page 2 of 6

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

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

promulgated to protect stratospheric ozone under Title VI of the 3

Act, unless the Administrator has determined that such 4

require ments need not be contained in an operating permit; 5

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

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

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

Section 504 (e) of the Act; 9

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

the Board. 11

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

source. 13

"Designated representative" shall have the meaning given to 14

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

applies only to Title IV affected sources. 16

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

director offers public participation under R307

- 415

- 7i or affected 18

State review under R307

- 415

- 8(2). 19

"Emissions allowable und er the permit" means a federally

20

enforceable permit term or condition determined at issuance to be 21

required by an applicable requirement that establishes an 22

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

federally

- enforceable emissions cap that the source has assumed to 24

avoid an applicable requirement to which the source would 25

otherwise be subject. 26

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

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

pollutant or any hazardo us air pollutant. This term is not meant 29

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

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

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

issued by the director that has completed all review procedures 33

required by R307

- 415

- 7a through 7i and R307

- 415

- 8. 34

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

requirements of R307

- 415

- 6d. 36

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

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

the Act. 39

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

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

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

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

major industrial grouping and that are described in paragraphs 44

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

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

shall be considered p art of a single industrial grouping if all of 47R307

- 415

- 3 January 2 1 , 201 6 Page 3 of 6

the pollutant emitting activities at such source or group of 1

sources on contiguous or adjacent properties belong to the same 2

Major Group (all have the same two

- digit code) as described in the 3

Standard Industria l Classification Manual, 1987. Emissions 4

resulting directly from an internal combustion engine for 5

transportation purposes or from a non

- road vehicle shall not be 6

considered in determining whether a stationary source is a major 7

source under this definitio n. 8

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

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

radionuclides, any stationary source or group of stationary 11

sources located within a contiguous area and under common control 12

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

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

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

pollutants. Notwithstanding the preceding sentence, emissions 16

from any o il or gas exploration or production well, with its 17

associated equipment, and emissions from any pipeline compressor 18

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

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

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

stations are major sources. 22

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

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

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

including any major source of fugitive emissions or fugitive dust 26

of any such pollutant as determined by rule by the Administrator. 27

The fugitive emissions or fugitive dust of a stationary source 28

shall not be considered in determining whether it is a major 29

stationary source for the purposes of Section 302(j) of the Act, 30

unless the source belongs to any one of the following categories 31

of stationary source: 32

(i) Coal cleaning plants with thermal dryers; 33

(ii) Kraft pulp mills; 34

(iii) Portland cem ent plants; 35

(iv) Primary zinc smelters; 36

(v) Iron and steel mills; 37

(vi) Primary aluminum ore reduction plants; 38

(vii) Primary copper smelters; 39

(viii) Municipal incinerators capable of charging more than 40

250 tons of refuse per day; 41

(ix) Hydrof luoric, sulfuric, or nitric acid plants; 42

(x) Petroleum refineries; 43

(xi) Lime plants; 44

(xii) Phosphate rock processing plants; 45

(xiii) Coke oven batteries; 46

(xiv) Sulfur recovery plants; 47R307

- 415

- 3 January 2 1 , 201 6 Page 4 of 6

(xv) Carbon black plants, furnace process; 1

(xvi) Primary le ad smelters; 2

(xvii) Fuel conversion plants; 3

(xviii) Sintering plants; 4

(xix) Secondary metal production plants; 5

(xx) Chemical process plants; 6

(xxi) Fossil

- fuel boilers, or combination thereof, totaling 7

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

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

storage capacity exceeding 300,000 barrels; 10

(xxiii) Taconite ore processing plants; 11

(xxiv) Glass fiber processing plants; 12

(xxv) Charcoal production plants; 13

(xxvi) Fossil

- fuel

- fired steam electric plants of more than 14

250 million British thermal units per hour heat input; 15

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

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

of the Act. 18

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

I of the Act, Plan Requirements for Nonattainment Areas, 20

including: 21

(i) For ozone nonattainment areas, sources with the 22

potential to emit 100 tons per year or more of volatile organic 23

compounds or oxides of nitrogen in areas classified as "marginal" 24

or "moderate," 50 tons per year or more in areas classified as 25

"serious," 25 tons per year or more in areas classified as 26

"severe," and 10 tons per year or more in areas classified as 27

"extreme"; except that the re ferences in this paragraph to 100, 28

50, 25, and 10 tons per year of nitrogen oxides shall not apply 29

with respect to any source for which the Administrator has made a 30

finding, under Section 182(f)(1) or (2) of the Act, that 31

requirements under Section 182(f) of the Act do not apply; 32

(ii) For ozone transport regions established pursuant to 33

Section 184 of the Act, sources with the potential to emit 50 tons 34

per year or more of volatile organic compounds; 35

(iii) For carbon monoxide nonattainment areas that are 36

classified as "serious" and in which stationary sources contribute 37

significantly to carbon monoxide levels as determined under rules 38

issued by the Administrator, sources with the potential to emit 50 39

tons per year or more of carbon monoxide; 40

(iv) For PM

- 10 particulate matter nonattainment areas 41

classified as "serious," sources with the potential to emit 70 42

tons per year or more of PM

- 10 particulate matter. 43

"Non

- Road Vehicle" means a vehicle that is powered by an 44

internal combustion engine (including the fuel system), that is 45

not a self

- propelled vehicle designed for transporting persons or 46

property on a street or highway or a vehicle used solely for 47R307

- 415

- 3 January 2 1 , 201 6 Page 5 of 6

competition, and is not subject to standards promulgated under 1

Section 111 of the Act (New Source Performan ce Standards) or 2

Section 202 of the Act (Motor Vehicle Emission Standards). 3

"Operating permit" or "permit," unless the context suggests 4

otherwise, means any permit or group of permits covering a Part 70 5

source that is issued, renewed, amended, or revised pursuant to 6

these rules. 7

"Part 70 Source" means any source subject to the permitting 8

requirements of R307

- 415, as provided in R307

- 415

- 4. 9

"Permit modification" means a revision to an operating permit 10

that meets the requirements of R307

- 415

- 7f. 11

"Permit revision" means any permit modification or 12

administrative permit amendment. 13

"Permit shield" means the permit shield as described in R307

- 14

415

- 6f. 15

"Proposed permit" means the version of a permit that the 16

director proposes to issue and forwards to E PA for review in 17

compliance with R307

- 415

- 8. 18

"Renewal" means the process by which a permit is reissued at 19

the end of its term. 20

"Responsible official" means one of the following: 21

(a) For a corporation: a president, secretary, treasurer, or 22

vice

- presiden t of the corporation in charge of a principal 23

business function, or any other person who performs similar policy 24

or decision

- making functions for the corporation, or a duly 25

authorized representative of such person if the representative is 26

responsible for t he overall operation of one or more 27

manufacturing, production, or operating facilities applying for or 28

subject to a permit and either: 29

(i) the operating facilities employ more than 250 persons or 30

have gross annual sales or expenditures exceeding $25 mill ion in 31

second quarter 1980 dollars; or 32

(ii) the delegation of authority to such representative is 33

approved in advance by the director; 34

(b) For a partnership or sole proprietorship: a general 35

partner or the proprietor, respectively; 36

(c) For a municip ality, State, Federal, or other public 37

agency: either a principal executive officer or ranking elected 38

official. For the purposes of R307

- 415, a principal executive 39

officer of a Federal agency includes the chief executive officer 40

having responsibility fo r the overall operations of a principal 41

geographic unit of the agency; 42

(d) For Title IV affected sources: 43

(i) The designated representative in so far as actions, 44

standards, requirements, or prohibitions under Title IV of the 45

Act, Acid Deposition Contro l, or the regulations promulgated 46

thereunder are concerned; 47R307

- 415

- 3 January 2 1 , 201 6 Page 6 of 6

(ii) The responsible official as defined above for any other 1

purposes under R307

- 415. 2

"Stationary source" means any building, structure, facility, 3

or installation that emits or may emit any reg ulated air pollutant 4

or any hazardous air pollutant. 5

"Title IV Affected source" means a source that contains one 6

or more affected units as defined in Section 402 of the Act and in 7

40 CFR, Part 72. 8

9

**KEY: air pollution, greenhouse gases, operating permit, emission**  10

**fees** 11

**Date of Enactment or Last Substantive Amendment: 2015**  12

**Notice of Continuation: June 6, 2012** 13

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

**- 2** 

**- 109.1; 19** 

**-** 14

**2**

**- 104**  15

# ITEM 6

### State of Utah

GARY R. HERBERT

Governor

SPENCER J. COX

Lieutenant Governor 

### Department of

Environmental Quality

A lan Matheson

Executive Director

DIVISION OF AIR QUALITY

Bryce C. Bird

Director

DAQ

- 003

- 16

M E M O R A N D U M

TO: Air Quality Board

THROUGH: Bryce C. Bird, Executive Secretary

FROM: Ryan Stephens, Environmental Planning Consultant

DATE: January 21, 2016

SUBJECT: FINAL ADOPTION: Amend R307

- 110

- 28. Regional Haze.

______________________________________________________________________________________

The Clean Air Act requires states to submit a progress report every five years on the adequacy of their

Regional Haze State Implementation Plan (SIP). Utah completed this pro gress report late 2014. A public

comment period was held from November 1, 2014, through December 22, 2014. A public hearing was also

held on November 1, 2014. The EPA is now requiring Utah to submit the progress report as a SIP revision

and adopt it as a state rule.

A rule to meet the EPA’s request was proposed by the Board on October 7, 2015. The rule incorporates

the progress report into Utah’s Regional Haze SIP. Originally, the incorporation date was proposed as

December 2, 2015. Since the comme nt period had not officially ended at that time, the Board was not able

to adopt it on December 2, 2015. If the Board decides to adopt the rule, the date of incorporation in the

rule will be February 3, 2016.

A 30 day comment period was held, no commen ts were received, and no hearing was requested.

Staff Recommendation : Staff recommends that the Board adopt R307

- 110

- 28 as amended.

195 North 1950 West • Salt Lake City, U tah

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

- 48 2 0

Telephone (801) 53 6

- 4 0 00 • Fax (801 ) 536

- 4099 • T.D.D. (801) 903

- 3978

www.deq.utah.gov

Printed on 100% recycled paperR307

- 110

- 28 January 2 1 , 201 6 Page 1 of 1

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

**R307**

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

**R307**

**- 110** 

**- 28. Regional Haze.**  3

The Utah State Implementatio n Plan, Section XX, Regional 4

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

February 3, 2016

, pursuant to Section 19

- 2

- 104, is hereby 6

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

8

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

**Date of Enactment or Last Substantive Amendment:**  **2016** 10

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

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

**- 2** 

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

# ITEM 7

### State of Utah

GARY R. HERBERT

Governor

SPENCER J. COX

Lieutenant Governor 

### Department of

Environmental Quality

A lan Matheson

Executive Director

DIVISIO N OF AIR QUALITY

Bryce C. Bird

Director

DAQ

- 00 7

- 16

M E M O R A N D U M

TO: Air Quality Board

THROUGH: Bryce C. Bird, Executive Secretary

FROM: Robert Ford, Air Toxics Lead

- Based Paint, and Asbestos Section Manager

DATE: January 2 5 , 2016

SUBJECT: PROPOSE FOR PUBLIC COMMENT : Amend R30 7

- 801. Utah Asbestos Rule.

______________________________________________________________________________________

On March 25, 2015, Governor Gary Herbert signed Utah House Bill 229 (H.B. 229), Air Quality

Modifications, into law. H.B. 229 revised the statutory definition of Asbestos and modified what suspect

asbestos

- containing materials need to be inspected for in residential structures. These modifications are

found in Utah Code Annotated 19

- 2

- 102 and 19

- 2

- 104.

The proposed rule amends R307

- 801, Utah Asbestos Rule, so that it reflects the changes enacted by H.B.

229. The proposed rule also includes modifications recommended by staff and the regulated community to

help the Division administer the Utah Asbestos Program.

A 30 day public comment period was held. Two comments were received, and the DAQ’s responses are

included in the Board packet. In addition to the comment period, DAQ held a stakeholder’s meeting on

January 20, 2016. During the meeting the regulated community and DAQ came to an agreement that DAQ

would propose the rule to the Board as a change in proposed rule. The change in the rule can be found at

Subsection R307

- 801

- 13(10). The option to meet the standard “by following a work practice that has been

established by the direct or or by an alternative work practice as approved by the director” has been added

to the rule. This change was recommended by the regulated community and accepted by DAQ.

Staff Recommendation : Staff recommends that the Board propose for public comment the change in

proposed rule to R307

- 801.

195 North 1950 West • Salt Lake City, U tah

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

- 48 2 0

Telephone (801) 53 6

- 4 0 00 • Fax (801 ) 536

- 4099 • T.D.D. (801) 903

- 3978

www.deq.utah.gov

Printed on 100% recycled paperR307

- 801, Utah Asbestos Rule, Comments and Responses

1. Comment from Emery County School District : We, as a small school district have a great

concern for the extra demands that this law entails for us. It has, and will continue, to demand a great

increas e in manpower, paperwork and sampling. All of these issues transfer into financial burdens

for an already struggling district without the funding sources needed to cover the increased burden.

The amount of asbestos in our district remains essentially th e same and is much lower than some

other districts. However, the record keeping and manpower demands to meet the requirements of the

new definitions and recommended practices has increased exponentially. The actual SOURCE of

fibers, exposure, release, et c. in our buildings remains the same

– but the time and financial

responsibility demands have greatly increased.

We feel that the health and safety benefits remain the same, but that the financial and manpower

burden has been unnecessarily increased; and without sufficient scientific background study to

warrant the increased demands now required by altered definitions of Utah House Bill 229.

DAQ Response: DAQ staff spoke with Irene Allred, who is from the Emery County School District.

Staff explained to M s. Allred that the new rule does not affect the regulation specifically for asbestos

found in schools, known as the Asbestos Hazard Emergency Response Act (AHERA)

. The rule

would only apply if a renovation or demolition was taking place.

Additionally, a s Emery County School District noted in the last sentence of the comment , the new

definition for asbestos was mandated by the State Legislature. DAQ cannot change a definition that

is part of a state statute.

2. Comment from the Utah Facilities and Operati on & Maintenance Association (UFOMA):

UFOMA is requesting that the board not adopt the rule. It is concerned with Section 3 and Section

13(10). UFOMA believes that the regulated community has not had an adequate opportunity to

comment on the changes and t hat their concerns have not been considered. UFOMA also believes

that the impact of the changes pose a major impact to schools, busine sses and industry in the state.

They also stated their belief that some of the proposed wording is too vague and would lea d to

arbitrary enforcement by DAQ.

DAQ Response: Section 3 is the definitions section. DAQ amended the definition of asbestos

because the Utah State Legislature enacted House Bill 229 (H.B. 229) into law. H.B. 229 expanded

the definition of asbestos to inc lude Libby Amphibole. DAQ amended the Air Quality Rules to

match the new state law. A definition of Libby Amphibole was included in this rule to provide clarity

as to what material will be regulated.

A meeting was held January 20, 2016, to help alleviate concerns many in the regulated community

had with Subsection 13(10) of the rule. The language has changed to allow regulated entities more

certainty as to what they are required to do to meet the standard. DAQ believes the new language

being presented to the board will solve the issue many people had with the ambiguity of Subsection

13(10).R307

- 801 January 21 , 2015 P age 1 of 35

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

**R307**

**- 801. Utah Asbestos Rule.**  2

**R307**

**- 801** 

**- 1. Purpose and Authority.**  3

This rule establishes procedures and requirements for 4

asbestos abatement or renovation projects and training programs, 5

procedures and requirements for the certification of persons and 6

companies engaged in asbestos abatement or renovation projects, 7

and work practice standards for performing such projects. This 8

rule is promulgated under the authority of Utah Code Annotated 19

- 9

2

- 104(1)(d), (3)( a )(iii), (3)( b ) (iv)(A), (B), and (C) , (3)( b ) (v)

, 10

(6 )(a), and (6)(b) . Penalties are authorized by Utah Code 11

Annotated 19

- 2

- 115. Fees are authorized by Utah Code Annotated 19

- 12

1

- 201(2)(i). 13

14

**R307**

**- 801** 

**- 2. Applicability and General Provisions.**  15

(1) Applicability. 16

(a) The following persons are operators and are subject to 17

the requirements of R307

- 801: 18

(i) Persons who contr act for hire to conduct asbestos 19

abatement, renovation, or demolition projects in regulated 20

facilities; 21

(ii) Persons who conduct asbestos abatement, renovation, or 22

demolition projects in areas where the general public has 23

unrestrained access; 24

(iii) Pe rsons who conduct asbestos abatement, renovation, or 25

demolition projects in school buildings subject to AHERA or who 26

conduct asbestos inspections in facilities subject to TSCA Title 27

II ; or 28

(iv) Persons who perform regulated work activities or 29

renovation projects in single or multifamily residential 30

structures where they do not live or intend to live immediately 31

after the regulated work activity or renovation project is 32

complete. 33

(b) The f ollowing persons are subject to certification 34

requirements: 35

(i) Persons required by TSCA Title II or R307

- 801 to be 36

accredited as inspectors, management planners, project designers, 37

renovators, asbestos abatement supervisors, or asbestos abatement 38

worker s; 39

(ii) Persons who work on asbestos abatement projects as 40

asbestos abatement workers, asbestos abatement supervisors, 41

inspectors, project designers, or management planners; 42

(iii) Persons who perform regulated work activities or 43R307

- 801 January 21 , 2015 P age 2 of 35

renovation projects in single or multifamily residential 1

structures where they do not live or intend to live immediately 2

after the regulated work activity or project is complete; or 3

( i v) Companies that conduct asbestos abatement projects, 4

renovation projects, inspections, crea te project designs, or 5

prepare management plans in regulated facilities. 6

(c) Homeowners or condominium owners performing renovation 7

or demolition activities in or on their own residential facilities 8

where they live, that are otherwise not subject to the Asbestos 9

NESHAP

, are not subject to the requirements of this rule, however, 10

a condominium complex of more than four units is subject to this 11

rule and may also be subject to the Asbestos NESHAP regulation. 12

(d) Contractors for hire performing renovation or demolition 13

activities are required to follow the inspection provisions of 14

R307

- 801

- 9 and R307

- 801

- 10 and the notification provisions of 15

R307

- 801

- 11 and R307

- 801

- 12. 16

(2) General Provisions. 17

(a) All persons who are required by R307

- 801 to obtain an 18

appr oval, certification, determination, or notification from the 19

director shall obtain it in writing. 20

(b) Persons wishing to deviate from the certification, 21

notification, work practices, or other requirements of R307

- 801 22

may do so only after requesting and o btaining the written approval 23

of the director. 24

25

**R307**

**- 801** 

**- 3. Definitions.**  26

The following definitions apply to R307

- 801: 27

"Adequately Wet" means to sufficiently mix or penetrate with 28

liquid to prevent the release of particulates. If visible 29

emissions are observed coming from asbestos

- containing material, 30

then that material is not adequately wet. However, the absence of 31

visible emissions is not sufficient evidence of being adequately 32

wet. 33

"Amend ed Water" means a mixture of water and a chemical 34

wetting agent that provides control of asbestos fiber release. 35

"AHERA" means the federal Asbestos Hazard Emergency Response 36

Act of 1986 and the Environmental Protection Agency implementing 37

regulations, 40 CFR Part 763, Subpart E

- Asbestos

- Containing 38

Materials in Schools. 39

"AHERA Facility" means any structure subject to the federal 40

AHERA requirements. 41

"Asbestos" means the asbestiform varieties of serpentine 42

(chrysotile), riebeckite (crocidolite), cummingto nite

- grunerite 43R307

- 801 January 21 , 2015 P age 3 of 35

(amosite), anthophyllite, actinolite

- tremolite, and Libby 1

amphibole. 2

"Asbestos Abatement Project" means any activity involving the 3

removal, repair, demolition, salvage, disposal, cleanup, or other 4

disturbance of regulated asbestos

- containin g material greater than 5

the small scale short duration (SSSD) amount of asbestos

6

containing material. 7

"Asbestos Abatement Supervisor" means a person who is 8

certified according to R307

- 801

- 6 and is responsible for ensuring 9

work is conducted in accordance w ith the regulations and best work 10

practices for asbestos abatement or renovation projects. 11

"Asbestos Abatement Worker" means a person who is certified 12

according to R307

- 801

- 6 and performs asbestos abatement or 13

renovation projects. 14

"Asbestos

- Containing Ma terial (ACM)" means any material 15

containing more than 1% asbestos by the method specified in 40 CFR 16

Part 763, Subpart E, Appendix E, Section 1, Polarized Light 17

Microscopy (PLM), or, if the asbestos content is greater than a 18

trace amount of asbestos, but le ss than 10% asbestos, the asbestos 19

concentration shall be determined by point counting using PLM or 20

any other method acceptable to the director. 21

"Asbestos

- Containing Waste Material (ACWM)" means any waste 22

generated from regulated asbestos

- containing mater ial (RACM) that 23

contains any amount of asbestos and is generated by a source 24

subject to the provisions of R307

- 801. This term includes filters 25

from control devices, friable asbestos

- containing waste material, 26

and bags or other similar packaging contaminate d with asbestos. As 27

applied to demolition and renovation projects, this term also 28

includes regulated asbestos

- containing material waste and 29

materials contaminated with asbestos including disposable 30

equipment and clothing. 31

"Asbestos Inspection" means any a ctivity undertaken to 32

identify the presence and location, or to assess the condition, of 33

asbestos

- containing material or suspected asbestos

- containing 34

material, by visual or physical examination, or by collecting 35

samples of the material. This term includes re

- inspections of the 36

type described in AHERA, 40 CFR 763.85(b), of known or assumed 37

asbestos

- containing material which has been previously identified. 38

The term does not include the following: 39

(a) Periodic surveillance of the type described in AHERA, 40 40

CFR 763.92(b), solely for the purpose of recording or reporting a 41

change in the condition of known or assumed asbestos

- containing 42

material; 43R307

- 801 January 21 , 2015 P age 4 of 35

(b) Inspections performed by employees or agents of federal, 1

state, or local government solely for the purpose of regulatory 2

oversight and/or determining compliance with applicable statutes 3

or regulations; or 4

(c) Visual inspections of the type described in AHERA, 40 5

CFR 763.90(i), solely for the purpose of determining completion of 6

response actions. 7

"Asbestos Insp ection Report" means a written report as 8

specified in R307

- 801

- 10(6) describing an asbestos inspection 9

performed by a certified asbestos inspector. 10

"Asbestos NESHAP" means the National Emission Standards for 11

Hazardous Air Polluta nts, 40 CFR Part 61, Subpa rt M, National 12

Emission Standard for Asbestos. 13

"Asbestos Removal" means the stripping of friable ACM from 14

regulated facility components or the removal of structural 15

components that contain or are covered with friable ACM from a 16

regulated facility. 17

"Categ ory I Non

- Friable Asbestos

- Containing Material" means 18

asbestos

- containing packings, gaskets, resilient floor coverings, 19

or asphalt roofing products containing more than 1% asbestos as 20

determined by using the method specified in 40 CFR Part 763, 21

Subpart E, Appendix E, Section 1, Polarized Light Microscopy 22

(PLM). 23

"Category II Non

- Friable Asbestos

- Containing Material" means 24

any material, excluding Category I non

- friable ACM, containing 25

more than 1% asbestos as determined by using the methods specified 26

in 40 C FR Part 763, Subpart E, Appendix E, Section 1, Polarized 27

Light Microscopy (PLM) that, when dry, cannot be crumbled, 28

pulverized, or reduced to powder by hand pressure. 29

"Condominium" means a building or complex of buildings in 30

which units of property are ow ned by individuals and common parts 31

of the property, such as the grounds, common areas, and building 32

structure, are owned jointly by the condominium unit owners. 33

"Containerized" means sealed in a leak

- tight and durable 34

container. 35

"Debris" means friable o r regulated asbestos

- containing 36

material that has been dislodged and has fallen from its original 37

substrate and position or which has fallen while remaining 38

attached to substrate sections or fragments. 39

"Demolition Project" means the wrecking, salvage, or removal 40

of any load

- supporting structural member of a regulated facility 41

together with any related handling operations, or the intentional 42

burning of any regulated facility. This includes the moving of an 43R307

- 801 January 21 , 2015 P age 5 of 35

entire building, but excludes the moving of structu res, vehicles, 1

or equipment with permanently attached axles, such as trailers, 2

motor homes, and mobile homes that are specifically designed to be 3

moved. 4

"Director" means the Director of the Utah Division of Air 5

Quality. 6

"Disturb" means to disrupt the mat rix, crumble, pulverize, or 7

generate visible debris from ACM or RACM. 8

"Emergency Abatement or Renovation Project" means any 9

asbestos abatement or renovation project which was not planned and 10

results from a sudden, unexpected event that, if not immediately 11

attended to, presents a safety or public health hazard, is 12

necessary to protect equipment from damage, or is necessary to 13

avoid imposing an unreasonable financial burden as determined by 14

the director. This term includes operations necessitated by non

15

rout ine failure of equipment, natural disasters, fire, or 16

flooding, but does not include situations caused by the lack of 17

planning. 18

"Encapsulant" means a permanent coating applied to the 19

surface of friable ACM for the purpose of preventing the release 20

of asbe stos fibers. The encapsulant creates a membrane over the 21

surface (bridging encapsulant) or penetrates the material and 22

binds its components together (penetrating encapsulant). 23

"Friable Asbestos

- Containing Material " means any asbestos

24

containing material t hat, when dry, can be crumbled, pulverized, 25

or reduced to powder by hand pressure. 26

"Glove bag" means an impervious plastic bag

- like enclosure, 27

not to exceed 60 x 60 inches, affixed around an asbestos

28

containing material, with glove

- like appendages through which 29

material and tools may be handled. 30

"General Building Remodeling Activities" means the alteration 31

in any way of one or more regulated structure components, 32

excluding asbestos abatement, renovation, and demolition projects. 33

"Government Official" mea ns an engineer, building official, 34

or health officer employed by a governmental jurisdiction that has 35

a responsibility for public safety or health in the jurisdiction 36

where the structure is located. 37

"High

- Efficiency Particulate Air (HEPA)" means a filtrat ion 38

system capable of trapping and retaining at least 99.97% of all 39

mono

- dispersed particles 0.3 micron in diameter. 40

"Inaccessible" means in a physically restricted or obstructed 41

area, or covered in such a way that detection or removal is 42

prevented or sev erely hampered. 43R307

- 801 January 21 , 2015 P age 6 of 35

"Inspector" means a person who is certified according to 1

R307

- 801

- 6, conducts asbestos inspections, or oversees the 2

preparation of asbestos inspection reports. 3

"Libby Amphibole" means loose

- fill vermiculite type 4

insulation material origina ting in Libby, Montana, or elsewhere, 5

used in regulated facilities subject to this rule and has greater 6

than 1% asbestiform varieties of serpentine (chrysotile), 7

riebeckite (crocidolite), cummingtonite

- grunerite (amosite), 8

anthophyllite, and actinolite

- tre molite, as defined earlier in 9

this section, and winchite, richterite, tremolite, magnesio

10

riebikite, magnesio

- arfvedsonite, and edenite using United States 11

Environmental Protection Agency Method EPA/600/R93/116 or other 12

method as approved by the director. 13

"Management Plan" means a document that meets the 14

requirements of AHERA for management plans for asbestos in 15

schools. 16

"Management Planner" means a person who is certified 17

according to R307

- 801

- 6 and oversees the preparation of management 18

plans for school buildings subject to AHERA. 19

"Model Accreditation Plan (MAP)" means 40 CFR Part 763, 20

Subpart E, Appendix C, Asbestos Model Accreditation Plan. 21

"NESHAP Amount" means combined amounts in a project that 22

total: 23

(a) 260 linear feet (80 linear meters) of pip e covered with 24

RACM; 25

(b) 160 square feet (15 square meters) of RACM used to cover 26

or coat any duct, boiler, tank, reactor, turbine, equipment, 27

structural member, or regulated facility component; or 28

(c) 35 cubic feet (one cubic meter) of RACM removed fr om 29

regulated facility structural members or components where the 30

length and area could not be measured previously. 31

"NESHAP Facility" means any institutional, commercial, 32

public, industrial, or residential structure, installation, or 33

building, (including a ny structure, installation, or building 34

containing condominiums or individual dwelling units operated as a 35

residential co

- operative, but excluding residential buildings 36

having four or fewer dwelling units); any ship; and any active or 37

inactive waste dispos al site. For purposes of this definition, any 38

building, structure, or installation that contains a loft used as 39

a dwelling is not considered a residential structure, 40

installation, or building. Any structure, installation, or 41

building that was previously su bject to the Asbestos NESHAP is not 42

excluded, regardless of its current use or function. 43R307

- 801 January 21 , 2015 P age 7 of 35

"NESHAP

- Sized Project" means any project that involves at 1

least the NESHAP amount of ACM. 2

"Non

- Friable Asbestos

- Containing Material" means any material 3

containing mo re than 1% asbestos, as determined using the methods 4

specified in 40 CFR Part 763, Subpart E, Appendix E, Section 1, 5

Polarized Light Microscopy (PLM), that, when dry, cannot be 6

crumbled, pulverized, or reduced to powder by hand pressure. 7

"Open Top Catch B ag" means either an asbestos waste bag or 8

six mil polyethylene sheeting which is sealed at both ends and 9

used by certified asbestos abatement workers, in a manner not to 10

disturb the matrix of the asbestos

- containing material, to collect 11

preformed RACM pipe insulation in either a crawl space or pipe 12

chase less than six feet high or less than three feet wide. 13

"Phased Project" means either an asbestos abatement, 14

renovation, or demolition project that contains multiple start and 15

stop dates corresponding to s eparate operations or areas where the 16

entire asbestos abatement, renovation, or demolition project 17

cannot or will not be performed continuously. 18

"Preformed RACM Pipe Insulation" means prefabricated 19

asbestos

- containing thermal system insulation on pipes fo rmed in 20

sections that can be removed without disturbing the matrix of the 21

asbestos

- containing material. 22

"Project Designer" means a person who is certified according 23

to R307

- 801

- 6 and prepares a design for an asbestos abatement 24

project in school buildings subject to AHERA or prepares an 25

asbestos clean

- up plan in a regulated facility where an asbestos 26

disturbance greater than the SSSD amount has occurred. 27

"Regulated Asbestos

- Containing Material (RACM)" means friable 28

ACM, Category I non

- friable ACM that has become friable, Category 29

I non

- friable ACM that will be or has been subjected to sanding, 30

grinding, cutting, or abrading, or Category II non

- friable ACM 31

that has a high probability of becoming or has become crumbled, 32

pulverized, or reduced to powder by the forces expected to act on 33

the material in the course of demolition or renovation project 34

operations. 35

"Regulated Facilities" means residential facilities, AHERA 36

facilities, or NESHAP facilities where: 37

(a) A sample has been identified and analyzed to con tain, or 38

is assumed under R307

- 801

- 10(5) to contain, greater than 1% 39

asbestos; and 40

(b) The material from where the sample was collected will be 41

disturbed and rendered friable during the abatement, demolition, 42

or renovation activities. 43R307

- 801 January 21 , 2015 P age 8 of 35

"Regulated Facilit y Component" means any part of a regulated 1

facility including equipment. 2

"Renovation Project" means any activity involving the 3

removal, repair, salvage, disposal, cleanup, or other disturbance 4

of greater than the SSSD amount of RACM, but less than the NES HAP 5

amount of RACM, and the intent of the project is not asbestos 6

abatement or demolition. Renovation Projects can be performed in 7

NESHAP or residential facilities, but cannot be performed in AHERA 8

facilities. 9

"Renovator" means a person who is certified a ccording to 10

R307

- 801

- 6 and is responsible for ensuring work that is conducted 11

on a renovation project is performed in accordance with the 12

regulatory requirements and best work practices for a greater than 13

the SSSD amount of RACM, but less than the NESHAP a mount of RACM, 14

where the intent of the project is to perform a renovation project 15

and not to perform an asbestos abatement or demolition project. 16

Renovation projects can be performed in NESHAP or residential 17

facilities but cannot be performed in AHERA faci lities. 18

"Residential Facility" means a building used primarily for 19

residential purpos es, has four or fewer units, is otherwise not 20

subject to the Asbestos NESHAP, and is not a residential 21

outbuilding structure of less than 100 square feet. 22

"Small

- Scale, Short

- Duration (SSSD)" means a project that 23

removes or disturbs less than three square feet or three linear 24

feet of RACM in a regulated facility. 25

“Sprayed

- on or Painted

- on Ceiling Treatment” means a 26

surfacing material or treatment that has been applied to the 27

ceiling regardless of application method. The application of paint 28

that has no added materials is not considered a ceiling treatment. 29

"Strip" means to take off ACM from any part of a regulated 30

facility or a regulated facility component. 31

"Structural Member" means any load

- supporting member of a 32

regulated facility, such as beams and load

- supporting walls or any 33

non

- load supporting member, such as ceilings and non

- load 34

supporting walls. 35

"Suspect or Suspected Asbestos

- Containing Material" means all 36

buil ding materials that have the potential to contain asbestos, 37

except building materials made entirely of glass, fiberglass, 38

wood, metal, or rubber. 39

"Training Hour" means at least 50 minutes of actual learning, 40

including, but not limited to, time devoted to lecture, learning 41

activities, small group activities, demonstrations, evaluations, 42

and hands

- on experience. 43R307

- 801 January 21 , 2015 P age 9 of 35

"TSCA" means the Toxic Substances Control Act. 1

"TSCA Accreditation" means successful completion of training 2

as an inspector, management planner, p roject designer, contractor

3

supervisor, or worker, as specified in the TSCA Title II. 4

"TSCA Title II" means 15 U.S.C. 2601 et seq., Toxic 5

Substances Control Act, Subchapter II

- Asbestos Hazard Emergency 6

Response. 7

"Unrestrained Access" means witho ut fences, closed doors, 8

personnel, or any other method intended to restrict public entry. 9

"Waste Generator" means any owner or operator of an asbestos 10

abatement or renovation project covered by R307

- 801 whose act or 11

process produces ACWM. 12

"Working Day" means weekdays, Monday through Friday, 13

including holidays. 14

15

**R307**

**- 801** 

**- 4. Adoption and Incorporation of 40 CFR 763 Subpart E.**  16

(1) The provisions of 40 CFR 763 Subpart E, including 17

appendices, effective as of the date referenced in R307

- 101

- 3, are 18

hereby a dopted and incorporated by reference. 19

(2) Implementation of the provisions of 40 CFR Part 763, 20

Subpart E, except for the Model Accreditation Plan, shall be 21

limited to those provisions for which the EPA has waived its 22

requirements in accordance with 40 CF R 763.98, Waiver; delegation 23

to State, as published at 52 FR 41826, (October 30, 1987). 24

25

**R307**

**- 801** 

**- 5. Company Certification.**  26

(1) All persons shall operate under: 27

(a) An asbestos company certification before contracting for 28

hire, at a regulated facility , to conduct asbestos inspections, 29

create management plans, create project designs, or conduct 30

asbestos abatement projects, or 31

(b) Either an asbestos renovation company certification or 32

asbestos company certification before contracting for hire to 33

conduc t asbestos abatement or renovation projects at a regulated 34

facility. 35

(2) To obtain an asbestos company certification or an 36

asbestos 37

renovation company certification, all persons shall submit a 38

properly completed application for certification on a form 39

pro vided by the direc tor and pay the appropriate fee

. 40

(3) Unless revoked or suspended, an asbestos company 41

certification or an asbestos renovation company certification 42

shall remain in effect until the expiration date provided by the 43R307

- 801 January 21 , 2015 P age 10 of 35

director. 1

2

**R307**

**- 801** 

**- 6.**  **Individual Certification.** 3

(1) All persons shall h ave an individual certification to 4

conduct asbestos inspections, create management plans, create 5

project designs, conduct asbestos renovation projects, or conduct 6

asbestos abatement projects at a regulate d facility. 7

(2) To obtain certification as an asbestos abatement worker, 8

asbestos abatement supervisor, inspector, project designer, 9

renovator, or management planner, each person shall: 10

(a) Provide personal identifying information; 11

(b) Pay the approp riate fee ; 12

(c) Complete the appropriate form or forms provided by the 13

director; 14

(d) Provide certificates of initial and current refresher 15

training, if applicable, that demonstrates accreditation in the 16

appropriate discipline. Certificates from courses approved by the 17

director, courses approved in a state that has an accreditation 18

program that meets the TSCA Title II Appendix C Model 19

Accreditation Plan (MAP), or courses that are approved by EPA 20

under TSCA Title II are acceptable unless the director has 21

d etermined that the course does not meet the requirements of TSCA 22

accreditation training required by R307

- 801; and 23

(e) Complete a new initial training course as required by 24

the AHERA MAP, or for the renovator certification, R307

- 801, if 25

there is a period of more than one year from the previous initial 26

or refresher training certificate expiration date. 27

(3) Duration and Renewal of Certification. 28

(a) Unless revoked or suspended, a certification shall 29

remain in effect until the expiration date of the curre nt 30

certificate of TSCA accreditation for the specific discipline. 31

(b) To renew certification, the individual shall: 32

(i) Submit a properly completed application for renewal on a 33

form provided by the director; 34

(ii) Submit a current certificate of TSCA accreditation, or 35

for the renovator certification, a training certificate from a 36

renovator course accredited by the director, for initial or 37

refresher training in the appropriate discipline; and 38

(iii) Pay the appropriate fee

. 39

40

**R307**

**- 801** 

**- 7. Denial a**  **nd Cause for Suspension and Revocation of** 41

**Company and Individual Certifications.** 42

(1) An application for certification may be denied if the 43R307

- 801 January 21 , 2015 P age 11 of 35

individual, applicant company, or any principal officer of the 1

applicant company has a documented history of non

- co mpliance with 2

the requirements, procedures, or standards established by R307

- 3

801, R307

- 214

- 1, which incorporates the Asbestos NESHAP, AHERA, or 4

with the requirements of any other entity regulating asbestos 5

activities and training programs. 6

(2) The direct or may revoke or suspend any certification 7

based upon documented violations of any requirement of R307

- 801, 8

AHERA, or the Asbestos NESHAP, including but not limited to: 9

(a) Falsifying or knowingly omitting information in any 10

written submittal required by those regulations; 11

(b) Permitting the duplication or use of a certificate of 12

TSCA accreditation for the purpose of preparing a falsified 13

written submittal; or 14

(c) Repeated work practice violations. 15

16

**R307**

**- 801** 

**- 8. Approval of Training Courses.**  17

(1) To obtain approval of a training course, the course 18

provider shall provide a written application to the director that 19

includes: 20

(a) The name, address, telephone number, and institutional 21

affiliation of the person sponsoring the course; 22

(b) The course curr iculum; 23

(c) A letter that clearly indicates how the course meets the 24

Model Accreditation Plan (MAP) and R307

- 801 requirements for 25

length of training in hours, amount and type of hands

- on training, 26

examinations (including length, format, example of examin ation or 27

questions, and passing scores), and topics covered in the course; 28

(d) A copy of all course materials, including student 29

manuals, instructor notebooks, handouts, etc.; 30

(e) The names and qualifications of all course instructors, 31

including all ac ademic credentials and field experience in 32

asbestos abatement projects, inspections, project designs, 33

management planning, or renovation projects; 34

(f) An example of numbered certificates issued to students 35

who attend the course and pass the examination. The certificate 36

shall include a unique certificate number; the name of the 37

student; the name of the course completed; the dates of the course 38

and the examination; an expiration date one year from the date the 39

student completed the course and examination, o r for the purposes 40

of the renovator course, a progressive lengthening of the 41

refresher training schedule of one year after the initial 42

training, three years after the first refresher training, and five 43R307

- 801 January 21 , 2015 P age 12 of 35

years after the second refresher training and all subs equent 1

refresher training courses; the name, address, and telephone 2

number of the training provider that issued the certificate; and a 3

statement that the person receiving the certificate has completed 4

the requisite training for TSCA or director accreditati on; 5

(g) A written commitment from the training provider to teach 6

the submitted training course(s) in Utah on a regular basis; and 7

(h) Payment of the appropriate fee. 8

(2) To maintain approval of a training course, the course 9

provider shall: 10

(a) Prov ide training that meets the requirements of R307

- 801 11

and the MAP; 12

(b) Provide the director with the names, government

- issued 13

picture identification card number, and certificate numbers of all 14

persons successfully completing the course within 30 working d ays 15

of successful completion; 16

(c) Keep the records specified for training providers in the 17

MAP for three years; 18

(d) Permit the director or authorized representative to 19

attend, evaluate, and monitor any training course without 20

receiving advance notice f rom the director and without charge to 21

the director; and 22

(e) Notify the director of any new course instructor ten 23

working days prior to the day the new instructor presents or 24

teaches any course for Renovator or TSCA Accreditation purposes. 25

The training n otification form shall include: 26

(i) The name and qualifications of each course instructor, 27

including appropriate academic credentials and field experience in 28

asbestos abatement projects, inspections, management plans, 29

project designs, or renovations; and 30

(ii) A list of the course(s) or specific topics that will be 31

taught by the instructor. 32

(f) Submit the initial or refresher course materials 33

required by R307

- 801

- 8(1) to the director for course re

34

accreditation in a time period not to exceed four years

. 35

(3) All course providers that provide an AHERA or Renovator 36

training course or refresher course in the state of Utah shall: 37

(a) Notify the director of the location, date, and time of 38

the course at least ten working days before the first day of the 39

co urse; 40

(b) Update the training notification form as soon as 41

possible before, but no later than one day before the original 42

course date if the course is rescheduled or canceled before the 43R307

- 801 January 21 , 2015 P age 13 of 35

course is held; and 1

(c) Allow the director or authorized represent ative to 2

conduct an audit of any course provided to determine whether the 3

course provider meets the requirements of the MAP and of R307

- 801. 4

(4) Renovator Certification Course. The renovator 5

certification course shall be a minimum of eight training hours

, 6

with a minimum of two hours devoted to hands

- on training 7

activities, and shall include an examination of at least 25 8

questions that the student shall pass with a 70% or greater 9

proficiency rate. Instruction in the topics described in R307

- 801

- 10

8(4)(c), (d ), and (e) shall be included in the hands

- on portion of 11

the course. The minimum curriculum requirements for the renovator 12

certification course shall adequately address the following 13

topics: 14

(a) The physical characteristics of asbestos and asbestos

15

contai ning materials, including identification of asbestos, 16

aerodynamic characteristics, typical uses, physical appearance, a 17

review of hazard assessment considerations, and a summary of 18

renovation project control options; 19

(b) Potential health effects related to asbestos exposure, 20

including the nature of asbestos

- related diseases, routes of 21

exposure, dose

- response relationships and the lack of a safe 22

exposure level, synergism between cigarette smoking and asbestos 23

exposure, and latency period for diseases; 24

(c) Personal protective equipment, including selection of 25

respirator and personal protective clothing, and handling of non

26

disposable clothing; 27

(d) State

- of

- the

- art work practices, including proper work 28

practices for renovation projects, including descript ions of 29

proper construction and maintenance of barriers and 30

decontamination enclosure systems, positioning of warning signs, 31

lock

- out of electrical and ventilation systems, proper working 32

techniques for minimizing fiber release, use of wet methods, use 33

of negative pressure exhaust ventilation equipment, use of HEPA 34

vacuums, and proper clean

- up and disposal procedures and state

- of

35

the

- art work practices for removal, encapsulation, enclosure, and 36

repair of ACM, emergency procedures for unplanned releases, 37

pot ential exposure situations, transport and disposal procedures, 38

and recommended and prohibited work practices. New renovation 39

project techniques and methodologies may be discussed; 40

(e) Personal hygiene, including entry and exit procedures 41

for the work are a, methods of decontamination, avoidance of 42

eating, drinking, smoking, and chewing (gum or tobacco) in the 43R307

- 801 January 21 , 2015 P age 14 of 35

work area, and methods to limit exposures to family members; 1

(f) Medical monitoring, including OSHA requirements for 2

physical examinations, includi ng a pulmonary function test, chest 3

x

- rays, and a medical history for each employee; 4

(g) Relevant federal and state regulatory requirements, 5

procedures, and standards, including: 6

(i) OSHA standards for permissible exposure to airborne 7

concentrations of asbestos fibers and respiratory protection (29 8

CFR 1910.134); 9

(ii) OSHA Asbestos Construction Standard (29 CFR 1926.1101); 10

and 11

(iii) UAC R307

- 801 Utah Asbestos Rule. 12

(h) Recordkeeping and notification requirements for 13

renovation projects including r ecords and project notification 14

forms required by state regulations and records recommended for 15

legal and insurance purposes; 16

(i) Supervisory techniques for renovation projects, 17

including supervisory practices to enforce and reinforce the 18

required work p ractices and discourage unsafe work practices; and 19

(j) Course review, including a review of key aspects of the 20

training course. 21

(5) Renovator Recertification Course. The renovator 22

recertification course shall be a minimum of four hours, shall 23

adequatel y address changes in the federal regulations, state 24

administrative rules, state

- of

- the

- art developments, appropriate 25

work practices, employee personal protective equipment, 26

recordkeeping, and notification requirements for renovation 27

projects, and shall inc lude a course review. 28

29

**R307**

**- 801** 

**- 9. Asbestos Abatement, Renovation, and Demolition**  30

**Projects: Requirement to Inspect.** 31

(1) Applicability. Contractors are required to have an 32

asbestos inspection performed by a Utah certified asbestos 33

inspector working for a Utah certified asbestos company. The 34

asbestos inspection report shall be on

- site and available when 35

regulated work activities are being performed. Owners of 36

residential structures including condominium owners of four units 37

or less, not otherwise subject to the Asbestos NESHAP, are not 38

required to perform asbestos inspections. Owners of a condominium 39

complex of more than four units are subject to R307

- 801, may also 40

be subject to the Asbestos NESHAP, but are required to perform 41

asbestos inspections. 42

(2) E xcept as described in R307

- 801

- 9(1) and 9(3), the owner 43R307

- 801 January 21 , 2015 P age 15 of 35

and operator shall ensure that the regulated facility to be 1

demolished, abated, or renovated is thoroughly inspected for 2

asbestos

- containing material by an inspector certified under the 3

provisions of R307

- 801

- 6. An asbestos inspection report shall be 4

generated according to the provisions of R307

- 801

- 10 and completed 5

prior to the start of the asbestos abatement, renovation, or 6

demolition project if materials required to be identified in R307

- 7

801

- 10(3) w ill be disturbed during that project. The operator 8

shall make the asbestos inspection report available on

- site to all 9

persons who have access to the site for the duration of the 10

renovation, abatement, or demolition project, and to the director 11

or authoriz ed representative upon request. 12

(3) If the regulated facility has been ordered to be 13

demolished because it is found by a government official to be 14

structurally unsound and in danger of imminent collapse or a 15

public health hazard, the operator may demolis h the regulated 16

facility without having the regulated facility inspected for 17

asbestos. If no asbestos inspection is conducted, the operator 18

shall: 19

(a) Ensure that all resulting demolition project debris is 20

disposed of as asbestos

- containing waste materia l (ACWM) according 21

to R307

- 801

- 14 22

; or 23

(b) reduce the amount of ACWM by segregating the ACWM from 24

non

- ACWM debris under the direction of an asbestos inspector 25

certified according to R307

- 801

- 6 working for a company certified 26

according to R307

- 801

- 5 and c lean and encapsulate non

- porous 27

debris as non

- ACWM by asbestos abatement supervisors or asbestos 28

abatement workers who are certified according to R307

- 801

- 6 and 29

working for a company certified according to R307

- 801

- 5. 30

(4) If an asbestos inspection report older than three years 31

will be used for a regulated asbestos renovation, abatement, or 32

demolition activity, the asbestos inspection report shall be 33

reviewed and updated, as necessary, by an inspector who is 34

certified according to R307

- 801

- 6 and working fo r a company 35

certified according to R307

- 801

- 5. The report does not need to be 36

reviewed until a time that it will be used for regulatory purposes 37

such as an abatement, renovation, or demolition activity. If the 38

inspection report is still accurate, then the inspector shall 39

provide written documentation stating that the inspection report 40

is still accurate. If the inspection report is not accurate, then 41

the inspector shall provide written documentation, including new 42

sample results, if necessary, such that the inspection report 43R307

- 801 January 21 , 2015 P age 16 of 35

meets all requirements of R307

- 801. 1

2

**R307**

**- 801** 

**- 10. Asbestos Abatement, Renovation, and Demolition**  3

**Projects: Asbestos Inspection Procedures.** 4

Asbestos inspectors shall use the following procedures when 5

conducting an asbestos inspection o f facilities to be abated, 6

demolished, or renovated: 7

(1) Determine the scope of the abatement, demolition, or 8

renovation project by identifying which parts and how the facility 9

will be abated, demolished, or renovated (e.g. conventional 10

demolition method s, fire training, etc.). 11

(2) Inspect the affected facility or part of the facility 12

where the abatement, demolition, or renovation project will occur. 13

(3) Identify all accessible suspect asbestos

- containing 14

material (ACM) in the affected facility or par t of the facility 15

where the abatement, demolition, or renovation project will occur. 16

Residential facilities built on or after January 1, 1981, are only 17

required to identify all accessible sprayed

- on or painted

- on 18

ceiling treatment that contained or may contain asbestos fiber, 19

asbestos cement siding or roofing materials, resilient flooring 20

products including vinyl asbestos tile, sheet vinyl products, 21

resilient flooring backing material, whether attached or 22

unattached, and mastic, thermal

- system insulation or tape on a 23

duct or furnace, or vermiculite type insulation materials in the 24

affected facility or part of the facility where the abatement, 25

demolition, or renovation project will occur. 26

(4) Follow the sampling protocol in 40 CFR 763.86 (Asbestos

27

Containing Materials in Schools) or a sampling method approved by 28

the director to demonstrate that suspect ACM required to be 29

identified by R307

- 801

- 10(3) does not contain asbestos. 30

(5) Asbestos samples are not required to be collected and 31

analyzed if the certified inspector assumes that all unsampled 32

suspect ACM required to be identified by R307

- 801

- 10(3) contains 33

asbestos and is ACM; and 34

(6) Complete an asbestos inspection report containing all of 35

the following information in a format approved by the director: 36

(a) A description of the affected area and a description of 37

the scope of activitie s as described in R307

- 801

- 10(1); 38

(b) A list of all suspect ACM required to be identified by 39

R307

- 801

- 10(3) in the affected area. Include a description of the 40

suspect ACM sufficient to be able to identify the material. For 41

each suspect material required to be identified by R307

- 801

- 10(3), 42

provide the following information: 43R307

- 801 January 21 , 2015 P age 17 of 35

(i) The amount of suspect ACM required to be identified by 1

R307

- 801

- 10(3) in linear feet, square feet, or cubic feet; 2

(ii) A clear description of the distribution of the suspect 3

ACM required to be identified by R307

- 801

- 10(3) in the affected 4

area; 5

(iii) A statement of whether the material was assumed to 6

contain asbestos, sampled and demonstrated to contain asbestos, or 7

sampled and demonstrated to not contain asbestos; and 8

(iv) A written determination or table of whether the 9

material is regulated asbestos

- containing material (RAC M), 10

Category I non

- friable ACM, Category II non

- friable ACM that may 11

or will become friable when subjected to the proposed abatement, 12

renovation, or demoli tion project activities, or other suspect ACM 13

that has either not been tested and assumed to contain asbestos, 14

or has been tested by an accredited asbestos laboratory and found 15

not to contain asbestos greater than 1%. 16

(c) A list of all asbestos bulk samp les required to be 17

identified from suspect ACM by R307

- 801

- 10(3) in the affected 18

area, including the following information for each sample: 19

(i) Which suspect ACM required to be identified by R307

- 801

- 20

10(3) the sample represents; 21

(ii) A clear descriptio n of each sample location; 22

(iii) The types of analyses performed on the sample; 23

(iv) The amounts of each type of asbestos in the sample as 24

indicated by the analytical results. 25

(d) A list of potential locations of suspect ACM required to 26

be identified by R307

- 801

- 10(3) that were not accessible to 27

inspect and that may be part of the affected area; and 28

(e) A list of all the asbestos inspector names, company 29

names, and certification numbers. 30

(7) Floor plans or architectural drawings and similar 31

representations may be used to identify the location of suspect 32

ACM or samples required to be identified by R307

- 801

- 10(3). 33

(8) Analysis of samples shall be performed by: 34

(a) Persons or laboratorie s accredited by a nationally 35

recognized testing program such as the National Voluntary 36

Laboratory Accreditation Program (NVLAP), or 37

(b) Persons or laboratories that have been rated overall 38

proficient by demonstrating passing scores for at least two of th e 39

last three consecutive rounds out of the four annual rounds of the 40

Bulk Asbestos Proficiency Analytical Testing program administered 41

by the American Industrial Hygiene Association (AIHA) or an 42

equivalent nationally

- recognized interlaboratory comparison 43R307

- 801 January 21 , 2015 P age 18 of 35

p rogram. 1

2

3

**R307**

**- 801** 

**- 11. Asbestos Abatement, Renovation, and Demolition**  4

**Projects: Notification and Asbestos Removal Requirements.** 5

(1) Demolition Projects. 6

(a) The operator shall submit a properly completed 7

demolition notification form at least ten work ing days before the 8

start of a demolition project along with payment of the 9

appropriate fee. The operator cannot start the demolition project 10

until all regulated asbestos

- containing material (RACM) has been 11

properly removed. 12

(b) If any regulated facility is to be demolished by 13

intentional burning, the operator, in addition to the demolition 14

notification form specified in R307

- 801

- 11(1)(a)

, shall ensure 15

that all ACM, including Category I non

- friable asbestos

- containing 16

material (ACM), Category II non

- friab le ACM, and RACM is removed 17

from the regulated facility before burning. 18

(c) If the regulated facility has been ordered to be 19

demolished by a government official because it is found to be 20

structurally unsound and in danger of imminent collapse or a 21

public health hazard, the operator shall submit a demolition 22

project notification form, with a copy of the order signed by the 23

appropriate government official, as soon as possible before, but 24

no later than, the next working day after the demolition project 25

begin s. 26

(2) Asbestos Abatement and Renovation Projects. 27

(a) If the amount of RACM that would be disturbed or 28

rendered inaccessible by the asbestos abatement or renovation 29

project is the SSSD amount, then no additional requirements are 30

necessary prior to ge neral building remodeling activities. 31

(b) If the amount of RACM that would be disturbed or 32

rendered inaccessible by the asbestos abatement or renovation 33

project is greater than the SSSD amount, but less than the NESHAP 34

amount, then the operator shall: 35

( i) Submit an asbestos abatement project notification form 36

at least one working day before asbestos removal begins as 37

described in R307

- 801

- 12, unless the removal was properly included 38

in an annual asbestos notification form submitted pursuant to 39

R307

- 801

- 11(2)(e); 40

(ii) Remove RACM according to asbestos work practices of 41

R307

- 801

- 13, the certification requirements of R307

- 801

- 5 and 6, 42

and the disposal requir ements of R307

- 801

- 1 4 before performing 43R307

- 801 January 21 , 2015 P age 19 of 35

general building remodeling activities. 1

(c) If the amount of RACM that would be disturbed or 2

rendered inaccessible by the asbestos abatement project is greater 3

than or equal to the NESHAP amount, then the operator shall: 4

(i) Submit an asbestos abatement project notification form 5

along with payment of the appro priate fee at least ten working 6

days before asbestos removal begins as described in R307

- 801

- 12; 7

(ii) Remove RACM according to the asbestos work practices of 8

R307

- 801

- 13, the certification requirements of R307

- 801

- 5 and 6, 9

and the disposal requirements o f R307

- 801

- 14 before performing 10

general building remodeling activities. 11

(d) If the asbestos abatement or renovation project is an 12

emergency asbestos abatement or renovation project, then the 13

notification form shall be submitted as soon as possible before

, 14

but no later than, the next working day after the emergency 15

asbestos abatement or renovation project begins. 16

(e) The operator shall submit an annual asbestos 17

notification form along with payment of the appropriate fee 18

according to the requirements of 4 0 CFR 61.145(a)(4)(iii) no later 19

than ten working days before the first day of January of the year 20

during which the work is to be performed in the following 21

circumstances: 22

(i) The asbestos abatement projects are unplanned operation 23

and maintenance activi ties; 24

(ii) The asbestos abatement projects are less than NESHAP

25

sized; and 26

(iii) The total amount of asbestos to be disturbed in a 27

single NESHAP facility during these asbestos abatement projects is 28

expected to exceed the NESHAP amount in a calendar yea r. 29

(3) Owners and operators of general building remodeling 30

activities are not required to submit an asbestos abatement 31

project or renovation notification form to the director that do 32

not disturb suspect asbestos containing materials, do not disturb 33

building materials found to contain RACM by an inspector who is 34

certified according to R307

- 801

- 6, or do not disturb materials 35

that will become RACM as part of the general building remodeling 36

activities. 37

(4) For notification purposes, asbestos abatement, 38

renovation, or demolition projects shall be no longer than one 39

year in duration. 40

(5) Revise the notification form, as necessary, when any 41

informa tion on the original notification or any subsequent 42

notification forms changes. 43R307

- 801 January 21 , 2015 P age 20 of 35

1

**R307**

**- 801** 

**- 12. Asbestos Abatement, Renovation, and Demolition**  2

**Projects: Notification Procedures and Contents.** 3

(1) All notification forms required by R307

- 801

- 11 shall be 4

sub mitted in writing on the appropriate form provided by the 5

director and shall be postmarked or received by the director in 6

accordance with R307

- 801

- 11, or shall be submitted using the 7

Division of Air Quality electronic notification system and 8

received by th e director in accordance with R307

- 801

- 11. The type 9

of notification and whether the notification is original or 10

revised shall be indicated. 11

(2) If the notification is an original demolition project 12

notification form, an original asbestos abatement projec t 13

notification form for a NESHAP

- sized asbestos abatement project, 14

or an original asbestos annual notification form, the written 15

notice shall be sent with an original signature by U.S. Postal 16

Service, commercial delivery service, or hand delivery, or with an 17

electronic signature if submitted using the Division of Air 18

Quality electronic notification system. If the U.S. Postal Service 19

is used, the submission date is the postmark date. If other 20

service or hand delivery is used, the submission date is the date 21

that the document is received by the director. If the Division of 22

Air Quality electronic notification system is used, the submission 23

date is the date that the notification is received by the 24

director. 25

(3) An original asbestos notification form for a less than 26

NESHAP

- sized asbestos abatement or renovation project or any 27

revised notification may be submitted by any of the methods in 28

R307

- 801

- 12(2), or by facsimile, by the date specified in R307

- 29

801

- 11. The sender shall ensure that the fax is legible. 30

(4) All original notification forms shall contain the 31

following information: 32

(a) The name, address, and telephone number of the owner of 33

the regulated facility, the general contractor, the demolition 34

contractor, and the asbestos renovation or abatement contr actor, 35

if applicable; 36

(b) Whether the operation is an asbestos abatement, 37

demolition, or a renovation project; 38

(c) A description of the regulated facility that includes 39

the total size of the structure or structures in square feet, 40

including the square footage of all floors in a multilevel or 41

multi

- floor structure , the age

, the future, present, and prior 42

uses of the facility, including any additional regulated 43R307

- 801 January 21 , 2015 P age 21 of 35

structures affected by the project; 1

(d) The names and certification numbers of the inspectors 2

and companies; 3

(e) The procedures, including analytical methods, used to 4

inspect for the presence of asbestos

- containing material (ACM); 5

(f) The location and address, including building number or 6

name and floor or room number, street address, city, co unty, 7

state, and zip code of each regulated facility being demolished or 8

renovated; 9

(g) A description of procedures for handling the discovery 10

of unexpected ACM, Category I non

- friable ACM, or Category II non

11

friable ACM that has or will become friable o r regulated; 12

(h) A description of planned asbestos abatement, demolition, 13

or renovation project work, including the asbestos abatement, 14

demolition, and renovation project techniques to be used and a 15

description of the affected regulated facility componen ts or 16

structural members; and 17

(i) If the project has phases, then provide the date and 18

times of each phase and the location and address of all regulated 19

facilities to be abated, demolished, or renovated. 20

(5) In addition to the information in R307

- 801

- 1 2(4), an 21

original demolition project notification form shall contain the 22

following information: 23

(a) An estimate of the amount of Category I non

- friable ACM 24

and non

- regulated ACM that will remain in the building during the 25

demolition project; 26

(b) The st art and stop dates of the demolition project; 27

(c) The days that the demolition project will be conducted; 28

and 29

(d) If the regulated facility will be demolished under an 30

order of a government official, the name, title, government 31

agency, and authority o f the government official ordering the 32

demolition project, the date the order was issued, and the date 33

the demolition project was ordered to commence. A copy of the 34

order shall be attached to the demolition project notification 35

form. 36

(6) In addition to t he information required in R307

- 801

- 37

12(4) and (5), an original demolition project notification form 38

for phased demolition projects shall include: 39

(a) The start and stop dates for the entire phased project; 40

and 41

(b) The start and stop dates for each phas e of the project. 42

(7) In addition to the information required in R307

- 801

- 43R307

- 801 January 21 , 2015 P age 22 of 35

12(4), (5), and (6), an original asbestos abatement project 1

notification form shall include: 2

(a) An estimate of the amount of ACM to be stripped, 3

including which units of measure were used; 4

(b) The start and stop dates for asbestos abatement project 5

preparation; 6

(c) The times of day for every day that asbestos abatement 7

project will be conducted; 8

(d) A description of work practices and engineering controls 9

to be used to pr event emissions of asbestos at the demolition or 10

asbestos abatement project work site; 11

(e) The name and location of the waste disposal site where 12

the ACWM will be disposed, including the name and telephone number 13

of the waste disposal site contact; 14

(f) The name, address, contact person, and telephone number 15

of the waste transporters; and 16

(g) The name, contact person, and telephone number of the 17

waste generator. 18

(8) If an emergency asbestos abatement or renovation project 19

will be performed, then the notification form shall include the 20

date and hour the emergency occurred, a description of the event 21

and an explanation of how the event has caused unsafe conditions 22

or would cause equipment damage or unreasonable financial burden. 23

(9) In addition to the information in R307

- 801

- 12(4) and 24

(5), an original asbestos abatement project annual notification 25

form shall contain the following information: 26

(a) An estimate of the approximate amount of ACM to be 27

stripped, including which units of measure were used, if known; 28

(b) The start and stop dates of asbestos abatement project 29

work covered by the annual notification, if known; 30

(c) A description of work practices and engineering controls 31

to be used to prevent emissions of asbestos at the asbestos 32

abatement p roject work site; 33

(d) The name and location of the waste disposal site where 34

the asbestos

- containing waste material (ACWM) will be disposed, 35

including the name and telephone number of the waste disposal site 36

contact; 37

(e) The name, address, contact pers on, and telephone number 38

of the waste transporters; and 39

(f) The name, contact person, and telephone number of the 40

waste generator. 41

(10) A revised notification form shall contain the following 42

information: 43R307

- 801 January 21 , 2015 P age 23 of 35

(a) The name, address, and telephone number o f the owner of 1

the regulated facility, and any demolition, renovation, or 2

asbestos abatement project contractor or contractors working on 3

the project; 4

(b) Whether the operation is an asbestos abatement, a 5

demolition, or a renovation project; 6

(c) The da te that the original notification form was 7

submitted; 8

(d) The applicable original start and stop dates for the 9

asbestos abatement, renovation, or demolition project; 10

(e) The revised start and stop dates and working hours, if 11

applicable, for asbestos ab atement, renovation, or demolition 12

projects, for the entire project or for any phase of the project; 13

(f) The changes in the amount of asbestos to be removed 14

during the project if the asbestos removal amount increases or 15

decreases by more than 20%; 16

(g) If the previously reported area of the building or 17

buildings to be demolished was inaccurate and needs to be changed, 18

then the demolition notification form shall be revised to include 19

the building area change and any additional fee shall be paid to 20

the Ut ah Division of Air Quality; and 21

(h ) Any changes to the original or subsequently revised 22

notification form or forms. Describe all changes made to the 23

revised notification form in the comments section of that form. 24

(11) If the asbestos removal amount is increased in the 25

revised notification form, then the appropriate fee shall be paid 26

to the Utah Division of Air Quality. 27

(12) If any project phase or an entire NESHAP

- sized asbestos 28

abatement, renovation, or demolition project that requires a 29

notification form under R307

- 801

- 12(4) will commence on a date or 30

work times other than the date and work times submitted in the 31

origin al or the most recently revised notification form, the 32

director shall be notified of the new start date and work times by 33

the followi ng deadlines: 34

(a) If the new start date and work times are later than the 35

original start date and work times, then notice by telephone, fax, 36

or electronic means shall be given as soon as possible before the 37

start date and a revised notification form shal l be submitted in 38

accordance with R307

- 801

- 12(10) as soon as possible before, but no 39

later than, the original start date. If the written notification 40

form is received by the director no later than the day before the 41

original start date and work times, no n otice by telephone is 42

required. 43R307

- 801 January 21 , 2015 P age 24 of 35

(b) If the new start date is earlier than the original start 1

date, submit a written notice in accordance with R307

- 801

- 12(10) 2

at least ten working days before beginning the project. 3

(c) In no event shall an asbestos abat ement, renovation, or 4

demolition project covered by R307

- 801

- 12 begin on a date other 5

than the new start date submitted in the revised written notice. 6

7

8

**R307**

**- 801** 

**- 13. Asbestos Abatement and Renovation Project: Work**  9

**Practices.** 10

(1) An asbestos abatement supervisor who has been certified 11

under R307

- 801

- 6 shall be on

- site during asbestos abatement 12

project setup, asbestos removal, stripping, cleaning and 13

dismantling of the project, and other handling of uncontainerized 14

regulated asbestos

- containing material (RACM). 15

(2) All persons handling any amount of uncontainerized RACM 16

during a regulated project shall be certified as an asbestos 17

abatement worker or an asbestos abatement supervisor certified 18

under R307

- 801

- 6. 19

(3) Persons performing an asbestos abateme nt or renovation 20

project at a regulated facility shall follow the work practices in 21

R307

- 801

- 13. Where the work practices in R307

- 801

- 13(3) and (4) 22

are required, wrap and cut, open top catch bags, glove bags, and 23

mini

- enclosures may be used in combination with those work 24

practices. 25

(a) Adequately wet regulated asbestos

- containing material 26

(RACM) with amended water before exposing or disturbing it, except 27

when temperatures are continuously below freezing (32 degrees F.), 28

and when all requirements in 40 CFR 61.145(c)(7) are met. 29

(b) Install barriers and post warning signs to prevent 30

access to the work area. Warning signs shall conform to the 31

specifications of 29 CFR 1926.1101(k)(7). 32

(c) Keep RACM adequately wet until it is containerized and 33

disposed of i n accordance with R307

- 801

- 14. 34

(d) Ensure that RACM that is stripped or removed is promptly 35

containerized. 36

(e) Prevent visible particulate matter and uncontainerized 37

asbestos

- containing debris and waste originating in the work area 38

from being released outside of the negative pressure enclosure or 39

designated work area. 40

(f) Filter all waste water to five microns before 41

discharging it to a sanitary sewer. 42

(g) Decontaminate the outside of all persons, equipment, and 43R307

- 801 January 21 , 2015 P age 25 of 35

waste bags so that no visible residue is observed before leaving 1

the work area. 2

(h) Apply encapsulant to RACM that is exposed but not 3

removed during stripping. 4

(i) Clean the work area, drop cloths, and other interior 5

surfaces of the enclosure using a high

- efficiency particulate air 6

(HEPA) vacuum and wet cleaning techniques until there is no 7

visible residue before dismantling barriers. 8

(j) After cleaning and before dismantling enclosure 9

barriers, mist all surfaces inside of the enclosure with a 10

penetrating encapsulant designed for that pu rpose. 11

(k) Handle and dispose of friable asbestos

- containing 12

material (ACM) and RACM according to the disposal provisions of 13

R307

- 801

- 14. 14

(4) All operators of NESHAP

- sized asbestos abatement 15

projects shall install a negative pressure enclosure using th e 16

following work practices. 17

(a) All openings to the work area shall be covered with at 18

least one layer of six mil or thicker polyethylene sheeting sealed 19

with duct tape or an equivalent barrier to air flow. 20

(b) If RACM debris is present in the proposed work area 21

prior to the start of a NESHAP

- sized asbestos abatement project, 22

the site shall be prepared by removing the debris using the work 23

practice requirements of R307

- 801

- 13 and disposal requirements of 24

R307

- 801

- 14. If the total amount of loose visible RACM debris 25

throughout the entire work area is the SSSD amount, then site 26

preparation may begin after the notification form has been 27

submitted and before the end of the ten working day waiting 28

period. 29

(c) A decontamination unit constructed to the specif ications 30

of R307

- 801

- 13(4)(h) shall be attached to the containment prior to 31

disturbing RACM or commencing a NESHAP

- sized asbestos abatement 32

project, and all persons shall enter and leave the negative 33

pressure enclosure or work area only through the deconta mination 34

unit except in a life threatening emergency situation. 35

(d) All persons subject to R307

- 801 shall shower before 36

entering the clean

- room of the decontamination unit when exiting 37

the enclosure and shall follow all procedures required by 29 CFR 38

1926 .1101(j)(1)(ii). 39

(e) No materials may be removed from the enclosure or 40

brought into the enclosure through any opening other than a waste 41

load

- out or a decontamination unit. 42

(f) The negative pressure enclosure of the work area shall 43R307

- 801 January 21 , 2015 P age 26 of 35

be constructed with the following specifications: 1

(i) Apply at least two layers of six mil or thicker 2

polyethylene sheeting or its equivalent to the floor extending at 3

least one foot up every wall and seal in place with duct tape or 4

its equivalent; 5

(ii) Apply at least two layers of four mil or thicker 6

polyethylene sheeting or its equivalent to the walls without 7

locating seams in wall or floor corners; 8

(iii) Seal all seams with duct tape or its equivalent; 9

(iv) Maintain the integrity of all enclosure barriers; and 10

(v) Where a wall or floor will be removed as part of the 11

NESHAP

- sized asbestos abatement project, polyethylene sheeting 12

need not be applied to that regulated facility component or 13

structural member. 14

(g) View ports shall be installed in the enclosure or 15

barr iers where feasible, and view ports shall be: 16

(i) At least one foot square; 17

(ii) Made of clear material that is impermeable to the 18

passage of air, such as an acrylic sheet; 19

(iii) Positioned so as to maximize the view of the inside of 20

the enclosure fr om a position outside the enclosure; and 21

(iv) Accessible to a person outside of the enclosure. 22

(h) A decontamination unit shall be constructed according to 23

the following specifications: 24

(i) The unit shall be attached to the enclosure or work 25

area; 26

( ii) The decontamination unit shall consist of at least 27

three chambers and meet all regulatory requirements of 29 CFR 28

1926.1101(j)(1)(i); 29

(iii) The clean room, which is the chamber that opens to the 30

outside, shall be no less than three feet wide by three feet long 31

by six feet high, when feasible; 32

(iv) The shower room, which is the chamber between the clean 33

and dirty rooms, shall have hot and cold or warm running water and 34

be no less than three feet wide by three feet long by six feet 35

high, when feasible ; 36

(v) The dirty room, which is the chamber that opens to the 37

negative pressure enclosure or the designated work area, shall be 38

no less than three feet wide by three feet long by six feet high, 39

when feasible; 40

(vi) The dirty room shall be provided with a n accessible 41

waste bag at any time that asbestos abatement project is being 42

performed. 43R307

- 801 January 21 , 2015 P age 27 of 35

(i) A separate waste load

- out following the specifications 1

below may be attached to the enclosure for removal of 2

decontaminated waste containers and decontaminated or wrapped 3

tools from the enclosure. 4

(i) The waste load

- out shall consist of at least one chamber 5

constructed of six mil or thicker polyethylene walls and six mil 6

or thicker polyethylene flaps or the equivalent on the outside and 7

inside entrances; 8

(ii) Th e waste load

- out chamber shall be at least three feet 9

long, three feet high, and three feet wide; and 10

(iii) The waste load

- out supplies shall be sufficient to 11

decontaminate bags, and shall include a water supply with a 12

filtered drain, clean rags, disposa ble rags or wipes, and clean 13

bags. 14

(j) Negative air pressure and flow shall be established and 15

maintained within the enclosure by: 16

(i) Maintaining at least four air changes per hour in the 17

enclosure; 18

(ii) Routing the exhaust from HEPA filtered ventil ation 19

units to the outside of the regulated facility whenever possible; 20

(iii) Maintaining a minimum of 0.02 column inches of water 21

pressure differential relative to outside pressure; and 22

(iv) Maintaining a monitoring device to measure the negative 23

pres sure in the enclosure. 24

(5) In lieu of two layers of polyethylene on the walls and 25

the floors as required by R307

- 801

- 13(4)(f)(i) and (ii), the 26

following work practices and controls may be used only under the 27

circumstances described below: 28

(a) When a pi pe insulation removal asbestos abatement 29

project is conducted the following may be used: 30

(i) Drop cloths extending a distance at least equivalent to 31

the height of the RACM around all RACM to be removed, or extended 32

to a wall and attached with duct tape o r equivalent; 33

(ii) Either the glove bag or wrap and cut methods may be 34

used; and 35

(iii) RACM shall be adequately wet before wrapping. 36

(b) When the RACM is scattered ACM and is found in small 37

patches, such as isolated pipe fittings, the following proce dures 38

may be used: 39

(i) Glove bags, mini

- enclosures as described in R307

- 801

- 40

13(7)(c), or wrap and cut methods with drop cloths large enough to 41

capture all RACM fragments that fall from the work area may be 42

used. 43R307

- 801 January 21 , 2015 P age 28 of 35

(ii) If all asbestos disturbance is li mited to the inside of 1

negative pressure glove bags or a mini

- enclosure, then non

- glove 2

bag or non

- mini

- enclosure building openings need not be sealed and 3

negative pressure need not be maintained in the space outside of 4

the glove bags or mini

- enclosure dur ing the asbestos removal 5

operation. 6

(iii) A remote decontamination unit may be used as described 7

in R307

- 801

- 13(7)(d) only if an attached decontamination unit is 8

not feasible. 9

(c) When a preformed RACM pipe insulation asbestos abatement 10

project in a cr awl space or pipe chase less than six feet high or 11

less than three feet wide is conducted, the following may be used: 12

(i) Drop cloths extending a distance at least six feet 13

around all preformed RACM pipe insulation to be removed or 14

extended to a wall and attached with duct tape or equivalent; or 15

(ii) The open top catch bag method. 16

(6) During outdoor asbestos abatement projects, the work 17

practices of R307

- 801

- 13 shall be followed with the following 18

modifications: 19

(a) Negative pressure need not be mai ntained if there is not 20

an enclosure; 21

(b) Six mil polyethylene drop cloth, or equivalent, large 22

enough to capture all RACM fragments that fall from the work area 23

shall be used; and 24

(c) A remote decontamination unit as described in R307

- 801

- 25

13(7)(d) may be used. 26

(7) Special work practices. 27

(a) If the wrap and cut method is used: 28

(i) The regulated facility component shall be cut at least 29

six inches from any RACM on that component; 30

(ii) If asbestos will be removed from the regulated facility 31

compon ent to accommodate cutting, the asbestos removal shall be 32

performed using a single glove bag for each cut, and no RACM shall 33

be disturbed outside of a glove bag; 34

(iii) The wrapping shall be leak

- tight and shall consist of 35

two layers of six mil polyethyle ne sheeting, each individually 36

sealed with duct tape, and all RACM between the cuts shall be 37

sealed inside wrap; and 38

(iv) The wrapping shall remain intact and leak

- tight 39

throughout the removal and disposal process. 40

(b) If the open top catch bag method is used: 41

(i) The material to be removed can only be performed RACM 42

pipe insulation, and it shall be located in a crawl space or a 43R307

- 801 January 21 , 2015 P age 29 of 35

pipe chase less than six feet high or less than three feet wide; 1

(ii) Asbestos waste bags that are leak

- tight and strong 2

e nough to hold contents securely shall be used; 3

(iii) The bag shall be placed underneath the stripping 4

operation to minimize ACM falling onto the drop cloth; 5

(iv) All material stripped from the regulated facility 6

component shall be placed in the bag; 7

( v) One asbestos abatement worker shall hold the bag and 8

another asbestos abatement worker shall strip the ACM into the 9

bag; and 10

(vi) A drop cloth extending a distance at least six feet 11

around all preformed RACM pipe insulation to be removed, or 12

extended to a wall and attached with duct tape or equivalent shall 13

be used. 14

(c) If glove bags are used, they shall be under negative 15

pressure, and the procedures required by 29 CFR 16

1926.1101(g)(5)(iii) shall be followed. 17

(d) A remote decontamination unit may b e used under the 18

conditions set forth in R307

- 801

- 13(5)(b), (6), when there is an 19

area insufficient to construct a connected decontamination unit, 20

or when approved by the director. The remote decontamination unit 21

shall meet all construction standards in R3 07

- 801

- 13(4)(h) and 22

shall include: 23

(i) Outerwear shall be HEPA vacuumed or removed, and 24

additional clean protective outerwear shall be put on; 25

(ii) Either polyethylene sheeting shall be placed on the 26

path to the decontamination unit and the path shall be blocked or 27

taped off to prevent public access, or asbestos abatement workers 28

shall be conveyed to the remote decontamination unit in a vehicle 29

that has been lined with two layers of six mil or thicker 30

polyethylene sheeting or its equivalent; and 31

(iii) The polyethylene path or vehicle liner shall be 32

removed at the end of the project, and disposed of as ACWM. 33

(e) Mini

- enclosures, when used under approved conditions, 34

shall conform to the requirements of 29 CFR 1926.1101(g)(5)(vi). 35

(8) F or asbestos

- containing mastic removal projects using 36

mechanical means, such as a power buffer, to loosen or remove 37

mastic from the floor, in lieu of two layers of polyethylene 38

sheeting on the walls, splash guards of six mil or thicker 39

polyethylene sheeting shall be placed from the floor level a 40

minimum of three feet up the walls. 41

(9) Persons who improperly disturb more than the SSSD amount 42

of asbestos

- containing material and contaminate an area with 43R307

- 801 January 21 , 2015 P age 30 of 35

friable asbestos shall: 1

(a) Have the emergency clean

- u p portion of the project, 2

including any portions not contained within a regulated facility 3

or in common use areas that cannot be isolated, performed as soon 4

as possible by a company or companies certified according to R307

- 5

801

- 5, and, asbestos abatement su pervisor(s), and asbestos 6

abatement worker(s) certified according to R307

- 801

- 6. 7

(b) Have an asbestos clean

- up plan designed by a Utah 8

certified asbestos project designer for the non

- emergency portion 9

of the project and have the asbestos clean

- up plan su bmitted to 10

the director for approval. An asbestos clean

- up plan is not 11

required when the disturbance results from a natural disaster, 12

fire, or flooding. 13

(c) Submit the project notification form required by R307

- 14

801

- 11 and 12 to the director for acceptanc e no later than the 15

next working day after the disturbance occurs or is discovered. 16

For fee calculation purposes, the size of the emergency clean

- up 17

project is the area that has been contaminated or potentially 18

contaminated by the disturbance and not the a mount of asbestos

19

containing material disturbed. 20

(d) Notify the director of project completion by telephone, 21

fax, or electronic means by the day of completion and before 22

leaving the site. 23

(10) For asbestos abatement, renovation, or demolition 24

projects that remove or otherwise disturb loose

- fill vermiculite 25

type insulation materials assumed to be regulated asbestos

26

containing material or found to contain greater than 1% regulated 27

asbestiform fibers, then the material being removed is considered 28

regulated asbestos

- containing material and shall meet all the 29

appropriate regulatory requirements of R307

- 801. 30

(a) Regulated vermiculite shall be removed to the maximum 31

extent possible

, or by following a work practice that has been 32

established by the director , or by an alternative work practice as 33

approved by the director

. [ and the area where the regulated 34

vermiculite was found shall be sprayed with a bridging or 35

penetrating encapsulant to help minimize the amount of asbestiform 36

fibers becoming airborne. ] 37

38

**R307**

**- 801** 

**- 14. Disposal and Handling of Asbestos Waste.**  39

(1) Owners and operators of regulated facilities shall 40

containerize asbestos

- containing waste material (ACWM) while 41

adequately wet. 42

(2) ACWM containers shall be leak

- tight and strong enough to 43R307

- 801 January 21 , 2015 P age 31 of 35

hold content s securely and be labeled with an OSHA warning label 1

found in 29 CFR 1926.1101(k)(8). 2

(3) Containers shall be labeled with the waste generator's 3

and contractor’s names, addresses, and telephone numbers before 4

they are removed from the asbestos renovation or abatement work 5

area. 6

(4) Containerized regulated asbestos

- containing material 7

(RACM) shall be disposed of at a landfill which complies with 40 8

CFR 61.150. 9

(5) The waste shipment record shall include a list of items 10

and the amount of ACWM being ship ped. The waste generator 11

originates and signs this document. 12

(6) Owners and operators of regulated facilities where an 13

asbestos abatement or renovation project has been performed shall 14

report in writing to the director if a copy of the waste shipment 15

rec ord, signed by the owner or operator of the designated waste 16

disposal site, is not received by the waste generator within 45 17

working days from the date the waste was accepted by the initial 18

transporter. Include in the report the following information: 19

(a) A copy of the waste shipment record for which a 20

confirmation of delivery was not received; and 21

(b) A cover letter signed by the waste generator explaining 22

the efforts taken to locate the asbestos waste shipment and the 23

results of those efforts. 24

25

**R307**

**- 8**  **01**

**- 15. Records.**  26

(1) Certified asbestos abatement or renovation companies 27

shall maintain records of all asbestos abatement or renovation 28

projects that they perform at regulated facilities and shall make 29

these records available to the director or authoriz ed 30

representative upon request. The records shall be retained for at 31

least five years. Maintained records shall include the following: 32

(a) Names and certification numbers of the asbestos 33

abatement workers, asbestos abatement supervisors, or renovators 34

wh o performed the asbestos abatement or renovation project; 35

(b) Location and description of the asbestos abatement or 36

renovation project and amount of friable asbestos

- containing 37

material (ACM) removed; 38

(c) Start and stop dates of the asbestos abatement or 39

renovation project; 40

(d) Summary of the procedures used to comply with applicable 41

requirements including copies of all notification forms; 42

(e) Waste shipment records maintained in accordance with 40 43R307

- 801 January 21 , 2015 P age 32 of 35

CFR Part 61, Subpart M; and 1

(f) Asbestos inspection reports associated with the asbestos 2

abatement or renovation project. 3

(2) All persons subject to the inspection requirements of 4

R307

- 801

- 9 shall maintain copies of asbestos inspection reports 5

for at least one year after asbestos abatement, ren ovation, or 6

demolition projects have ceased, and shall make these reports 7

available to the director or authorized representative upon 8

request. 9

10

**R307**

**- 801** 

**- 16. Certified Renovator Work Practices.**  11

(1) Certified renovators are responsible for ensuring 12

compli ance with R307

- 801 at all renovation projects at regulated 13

facilities to which they are assigned. 14

(2) Certified renovators working at regulated facilities 15

shall: 16

(a) Perform all of the tasks described in R307

- 801

- 13(3) and 17

shall either perform or direc t workers who perform all tasks 18

described in R307

- 801

- 13(3); 19

(b) Provide training to workers on the work practices 20

required by R307

- 801

- 13(3) that will be used when performing 21

renovation projects; 22

(c) Be physically present at the work site when all wor k 23

activities required by R307

- 801

- 13(3)(b) are posted, while the 24

work area containment required by R307

- 801

- 13(3)(b) is being 25

established, and while the work area cleaning required by R307

- 26

801

- 13(3)(i) is performed; 27

(d) Be on

- site and direct work being p erformed by other 28

individuals to ensure that the work practices required by R307

- 29

801

- 13(3) are being followed, including maintaining the integrity 30

of the containment barriers and ensuring that dust or debris does 31

not spread beyond the work area; 32

(e) Have with them at the work site their current Utah 33

Renovator certification card; and 34

(f) Prepare the records required by R307

- 801

- 15. 35

36

**R307**

**- 801** 

**- 17. Asbestos Information Distribution Requirements.**  37

(1) Utah Abatement/Renovation pamphlet. Utah asbestos 38

abate ment and renovation companies shall provide owners and 39

occupants of single and multi

- family residential structures with 40

the Utah Abatement/Renovation Pamphlet "Asbestos Hazards During 41

Abatement and Renovation Activities" when those structures will be 42

re

- oc cupied after the regulated activities are completed. 43R307

- 801 January 21 , 2015 P age 33 of 35

(2) No more than 60 days before beginning an abatement or 1

renovation project in a regulated facility, the company performing 2

the abatement or renovation project shall: 3

(a) Provide the owner of the re gulated facility with the 4

pamphlet, and comply with one of the following: 5

(i) Obtain, from the owner, a written acknowledgment that 6

the owner has received the pamphlet; or 7

(ii) Obtain a certificate of mailing at least seven working 8

days prior to the ab atement or renovation project; and 9

(b) If the owner does not occupy the regulated facility, 10

provide an adult occupant of the regulated facility with the 11

pamphlet, and comply with one of the following: 12

(i) Obtain, from the adult occupant, a written 13

ackn owledgment that the occupant has received the pamphlet, or 14

certify in writing that a pamphlet has been delivered to the 15

regulated facility and that the company performing the abatement 16

or renovation project has been unsuccessful in obtaining a written 17

ackn owledgment from an adult occupant. Such certification shall 18

include the address of the unit undergoing abatement or renovation 19

activities, the date and method of delivery of the pamphlet, names 20

of the persons delivering the pamphlet, reason for lack of 21

ack nowledgment (e.g., occupant refuses to sign, no adult occupant 22

available), the signature of a representative of the company 23

performing the abatement or renovation project, and the date of 24

signature; or 25

(ii) Obtain a certificate of mailing at least seven working 26

days prior to the abatement or renovation project. 27

(3) Abatement or renovation projects in common areas. No 28

more than 60 working days before beginning abatement or renovation 29

projects in common areas of a regulated facility, the company 30

performing the abatement or renovation project shall: 31

(a) Provide the owner with the pamphlet and comply with one 32

of the following: 33

(i) Obtain, from the owner, a written acknowledgment that 34

the owner has received the pamphlet; or 35

(ii) Obtain a certificate of mailing at least seven working 36

days prior to the abatement or renovation project; 37

(b) Comply with one of the following: 38

(i) Notify in writing, or ensure written notification of, 39

each regulated facility and make the pamphlet available upon 40

request p rior to the start of abatement or renovation project. 41

Such notification shall be accomplished by distributing written 42

notice to each affected unit in the regulated facility. The notice 43R307

- 801 January 21 , 2015 P age 34 of 35

shall describe the general nature and locations of the planned 1

abatemen t or renovation project, the expected starting and ending 2

dates, how the occupant can obtain the pamphlet and a copy of the 3

required records at no cost to the occupants; or 4

(ii) Post informational signs describing the general nature 5

and locations of the abatement or renovation project and the 6

anticipated completion date while the abatement or renovation 7

project is ongoing. These signs shall be posted in areas where 8

they are likely to be seen by the occupants of all of the affected 9

units in the regulated f acility. The signs shall be accompanied by 10

a posted copy of the pamphlet or information about how interested 11

occupants can review a copy of the pamphlet or obtain a copy from 12

the abatement or renovation company at no cost to occupants. The 13

signs shall also include information about how interested 14

occupants can review a copy of the required records from the 15

abatement or renovation company at no cost to the occupants; 16

(c) Prepare, sign, and date a statement describing the steps 17

performed to notify all occup ants of the regulated facility of the 18

intended abatement or renovation project and to provide the 19

pamphlet; and 20

(d) If the scope, locations, or expected starting and ending 21

dates of the planned abatement or renovation project change after 22

the initial not ification, and the company provided written initial 23

notification to each affected unit, the company performing the 24

abatement or renovation project shall provide further written 25

notification to the owners and occupants of the regulated facility 26

of the revis ed information for the ongoing or planned activities. 27

This subsequent notification shall be provided before the company 28

performing the abatement or renovation project initiates work 29

beyond that which was described in the original notice. 30

(4) Written ackn owledgment. The written acknowledgments 31

required by paragraphs R307

- 801

- 17(2)(a)(i), (2)(b)(i), and 32

(3)(a)(i) shall: 33

(a) Include a statement recording the owner or occupant's 34

name and acknowledging receipt of the pamphlet prior to the start 35

of abatement or renovation project, or no later than the day after 36

the start of an emergency abatement or renovation project, the 37

address of the regulated facility undergoing an abatement or 38

renovation project, the signature of the owner or occupant as 39

applicable, and the date of signature; 40

(b) Be either a separate sheet or part of any written 41

contract or service agreement for the abatement or renovation 42

project; and 43R307

- 801 January 21 , 2015 P age 35 of 35

(c) Be written in the same language as the text of the 1

contract or agreement for the abatement or re novation project or, 2

in the case of a non

- owner occupied regulated facility, in the 3

same language as the lease or rental agreement or the pamphlet. 4

5

**KEY: air pollution, asbestos, asbestos hazard emergency response,** 6

**schools** 7

**Date of Enactment or Last Substa ntive Amendment: 2015**  8

**Notice of Continuation: February 6, 2013** 9

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

**- 2** 

**- 104(1)(d);**  10

**19**

**- 2** 

**- 104(3)(r) through (t); 40 CFR Part 61, Subpart M; 40 CFR Part**  11

**763, Subpart E** 12**NOTICE OF**

**CHANGE IN PROPOSED RULE**

**• The agency identified below in box 1 provides notice of proposed rule change pursuant to Utah** 

**Code Section 63G-3-301.**

**• Please address questions regarding information on this notice to the agency.**

**• The full text of all rule filings is published in the Utah State Bulletin unles s excluded because** 

**of space constraints.**

**• The full text of all rule filings may also be inspected at the Division of Adminis trative Rules.** 

**Rule Information**

**DAR file no: 39848 Date filed:**

**State Admin Rule Filing Key: 157185**

**Utah Admin. Code ref. (R no.): R307-801**

**Agency Information**

**1. Agency: ENVIRONMENTAL QUALITY - Air Quality** 

**Room no.: Fourth Floor**

**Building:**

**Street address 1: 195 N 1950 W**

**Street address 2:**

**City, state, zip: SALT LAKE CITY UT 84116-3085**

**Mailing address 1: PO BOX 144820**

**Mailing address 2:**

**City, state, zip: SALT LAKE CITY UT 84114-4820**

**Contact person(s):**

**Name: Phone: Fax: E-mail: Remove:**

**Ryan Stephens 801-536-4419 801-536-0085 rstephens@utah.gov**

**(Interested persons may inspect this filing at the above address or at DAR dur ing business hours)** 

**Rule Title**

**2. Title of rule or section (catchline):**

**Utah Asbestos Rule.**

**Notice Type**

**3. Type of notice: Change in Proposed Rule**

**Changes DAR No.: 39848**

**(If you do not know the DAR no., call 801-538-3218.)**

**Rule Purpose**

**4. Purpose of the rule or reason for the change: Page**  **1 of**  **4**

**1/ 21/**  **2016 http://erules.rules.utah.gov/erules/secure/ruleFilingEdit.action?ruleId=157185** The purpose of the change is to make Subsection 13(10)(a) of the Rule less ambiguous for t he

regulated community.

Response Information

5. This change is a response to comments by the Administrative Rules Review Commi ttee.

No Yes

Rule Summary

6. Summary of the rule or change:

The change in the proposed rule allows alternative work practice standards to be used for

removing vermiculite. The previous rule only relied on the standard described as "to the

maximum extent possible."

Aggregate Cost Information

7. Aggregate anticipated cost or savings to:

A) State budget:

Affected: No Yes

There is no fiscal impact on the state budget from the change in proposed rule. The ne w standard only makes the rule easier for members of the regulated community to understand. I t

does not change what the intended substantive requirement of the rule was meant to be whe n it

was proposed.

B) Local government:

Affected: No Yes

There is no fiscal impact on the local governments of Utah from the change in proposed r ule.

The new standard only makes the rule easier for members of the regulated community to

understand. It does not change what the intended substantive requirement of the rule was mea nt

to be when it was proposed.

C) Small businesses:

Affected: No Yes

("small business" means a business employing fewer than 50 persons)

There is no fiscal impact on small businesses from the change in proposed rule . The new

standard only makes the rule easier for members of the regulated community to understand. I t

does not change what the intended meaning of the rule was when it was proposed.

D) Persons other than small businesses, businesses, or local government entiti es:

Affected: No Yes

("person" means any individual, partnership, corporation, association, governmental

entity, or public or private organization of any character other than an agency)

There is no fiscal impact on other persons from the change in proposed rule. The new s tandard

only makes the rule easier for members of the regulated community to understand. It does not

change what the intended meaning of the rule was when it was proposed.

Compliance Cost Information

8. Compliance costs for affected persons: Page 2 of 4

1/ 21/ 2016 http://erules.rules.utah.gov/erules/secure/ruleFilingEdit.action?ruleId=157185There are no compliance costs resulting from the change in proposed rule. The new sta ndard

only makes the rule easier for members of the regulated community to understand. It does not

change what the intended meaning of the rule was when it was proposed.

Department Head Comments

9. A) Comments by the department head on the fiscal impact the rule may have on busine sses:

There is no fiscal impact on businesses resulting from the change in proposed rul e. The new

standard only makes the rule easier for members of the regulated community to understa nd. It

does not change what the intended meaning of the rule was when it was proposed.

B) Name and title of department head commenting on the fiscal impacts:

Alan Matheson, Executive Director

Citation Information

10. This rule change is authorized or mandated by state law, and implements or interp rets the

following state and federal laws.

State code or constitution citations (required) (e.g., Section 63G-3-402; Subsecti on 63G-3-601

(3); Article IV) :

19-2-104

Incorporated Materials

11. This rule adds, updates, or removes the following title of materials incorporate d by references

(a copy of materials incorporated by reference must be submitted to DAR ; if none, leave

blank) :

Official Title of Materials Incorporated (from title page)

Publisher

Date Issued (mm/dd/yyyy)

Issue, or version (including partial dates)

ISBN Number

ISSN Number

Cost of Incorporated Reference

Adds, updates, removes-- SELECT ONE --

Comments

12. The public may submit written or oral comments to the agency identified in box 1. ( The public

may also request a hearing by submitting a written request to the agency. The agency is

required to hold a hearing if it receives requests from ten interested persons or fr om an

association having not fewer than ten members. Additionally, the request must be rece ived by

the agency not more than 15 days after the publication of this rule in the Utah State Bull etin.

See Section 63G-3-302 and Rule R15-1 for more information.)

A) Comments will be accepted until 5:00 p.m. on (mm/dd/yyyy) : 03/16/2016

B) A public hearing (optional) will be held:

On (mm/dd/yyyy): At (hh:mm

AM/PM): At (place): Page 3 of 4

1/ 21/ 2016 http://erules.rules.utah.gov/erules/secure/ruleFilingEdit.action?ruleId=157185Proposed Effective Date

13. This rule change may become effective on (mm/dd/yyyy): 03/23/2016

NOTE: The date above is the date on which this rule MAY become effective. It is NOT the

effective date. After a minimum of seven days following the date designated in Box 12(A)

above, the agency must submit a Notice of Effective Date to the Division of Adminis trative

Rules to make this rule effective. Failure to submit a Notice of Effective Date will result in this

rule lapsing and will require the agency to start the rulemaking process over.

Indexing Information

14. Indexing information - keywords (maximum of four, one term per field, in lower case, except

for acronyms (e.g., "GRAMA") or proper nouns (e.g., "Medicaid")):

air pollution, asbestos, schools, asbestos hazard emergency response

File Information

15. Attach an RTF document containing the text of this rule change (filename):

No document is associated with this filing.

To the Agency

Information requested on this form is required by Sections 63G-3-301, 302, 303, and 402.

Incomplete forms will be returned to the agency for completion, possibly delaying publication in

the Utah State Bulletin, and delaying the first possible effective date.

Agency Authorization

Agency head or designee,

and title: Bryce Bird

Director Date

(mm/dd/yyyy): 01/21/2016 Page 4 of 4

1/ 21/ 2016 http://erules.rules.utah.gov/erules/secure/ruleFilingEdit.action?ruleId=157185

# ITEM 8

### State of Utah

GARY R. HERBERT

Governor

SPENCER J. COX

Lieutenant Governor 

### Department of

Environmental Quality

A lan Matheson

Executive Director

DIVI SION OF AIR QUALITY

Bryce C. Bird

Director

DAQ

- 006

- 16

M E M O R A N D U M

TO: Air Quality Board

THROUGH: Bryce C. Bird, Executive Secretary

FROM: Robert Ford, Air Toxics Lead

- Based Paint, and Asbestos Section Manager

DATE: January 2 1, 2016

SUBJECT: PROPOSE FOR PUBLIC COMMENT: Amend R30 7

- 841

- 8. Renovator Certification and

Dust Sampling Technician Certification.

______________________________________________________________________________________

On April 16, 2015, the EPA proposed a rule that extended the certification of certain re novators under the

Lead Renovation, Repair, and Painting (RRP) rule. The EPA extended certifications so that renovators

could take advantage of the EPA’s new requirements for refresher courses. The EPA’s new refresher

courses are less cumbersome and allo w more individuals to be certified.

DAQ has proposed this rule to reflect the changes the EPA made regarding certification extensions. This

proposed rule is almost a direct quote from 40 CFR 745.90.

There will be no fiscal impact on businesses

, stat e

, or local governments from this rule. It will likely

benefit the regulated community, since it extends the time for certification and allows them to take

advantage of the EPA’s new refresher courses.

Staff Recommendation : Staff recommends that the Board propose R307

- 841

- 8 for public comment.

195 North 1950 West • Salt Lake City, U tah

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

- 48 2 0

Telephone (801) 53 6

- 4 0 00 • Fax (801 ) 536

- 4099 • T.D.D. (801) 903

- 3978

www.deq.utah.gov

Printed on 100% recycled paperR307

- 841

- 8 January 21 2 016 Page 1 of 2

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

**R307**

**- 841. Residential Property and Child** 

**- Occupied Facility**  2

**Renovation.** 3

4

**R307**

**- 841** 

**- 8. Renovator Certification and Dust Sampling Technician**  5

**Certification.** 6

(1) Renovator certification and dust sampling technician 7

certification. 8

(a) To become a certified renovator or certified dust 9

sampling technician, an individual must successfu lly complete an 10

initial lead

- based paint renovator or dust

- sampling technician 11

course accredited by the director under R307

- 842

- 1, the EPA under 12

40 CFR 745.225, or a state or tribal program that has been 13

authorized by EPA pursuant to subpart Q of 40 CFR 74 5. 14

(b) Individuals who have successfully completed an 15

accredited abatement worker or supervisor course, or individuals 16

who have successfully completed a director, EPA, HUD, or EPA/HUD 17

model renovation training course before October 4, 2011, but no 18

later than the training course expiration date found on that 19

training certificate, may take an accredited refresher renovator 20

training course in lieu of the initial renovator training course 21

to become a certified renovator. 22

(c) Individuals who have successfull y completed an 23

accredited lead

- based paint inspector or risk assessor course 24

before October 4, 2011, but no later than the training course 25

expiration date found on that training certificate, may take an 26

accredited refresher dust sampling technician course in lieu of 27

the initial training to become a certified dust sampling 28

technician. Individuals who are currently certified as lead

- based 29

paint inspectors or risk assessors may act as certified dust 30

sampling technicians without further training. 31

(d) To main tain renovator certification or dust sampling 32

technician certification, an individual must complete a renovator 33

or dust sampling technician refresher course accredited by the 34

director under R307

- 842

- 1, the EPA under 40 CFR 745.225, or by a 35

state or tribal program that is authorized under subpart Q of 40 36

CFR 745 within 5 years of the date the individual completed the 37

initial course described in paragraph (1)(a) of this section. If 38

the individual does not complete a refresher course within this 39

time, the ind ividual must re

- take the initial course to become 40

certified again. Individuals who complete a renovator course 41

accredited by the director under R307

- 842

- 1, the EPA or an EPA 42

authorized program on or before March 31, 2010, must complete a 43

renovator refresh er course accredited by the director under R307

- 44

842

- 1, the EPA or an EPA authorized program on or before March 31, 45

2016, to maintain renovator certification. Individuals who 46

completed a renovator course accredited by the director under 47

R307

- 842

- 1, the EPA or an EPA authorized program between April 1, 48R307

- 841

- 8 January 21 2 016 Page 2 of 2

2010 and March 31, 2011, will have one year added to their 1

original 5

- year certification. 2

(2) Renovator responsibilities. Certified renovators are 3

responsible for ensuring compliance with R307

- 841

- 5 at all 4

r enovations to which they are assigned. A certified renovator: 5

(a) Must perform all of the tasks described in R307

- 841

- 5(2) 6

and must either perform or direct workers who perform all of the 7

tasks described in R307

- 841

- 5(1); 8

(b) Must provide training to workers on the work practices 9

required by R307

- 841

- 5(1) that they will be using in performing 10

their assigned tasks; 11

(c) Must be physically present at the work site when the 12

signs required by R307

- 841

- 5(1)(a) are posted, while the work area 13

containment re quired by R307

- 841

- 5(1)(b) is being established, and 14

while the work area cleaning required by R307

- 841

- 5(1)(e) is 15

performed; 16

(d) Must regularly direct work being performed by other 17

individuals to ensure that the work practices required by R307

- 18

841

- 5(1) a re being followed, including maintaining the integrity 19

of the containment barriers and ensuring that dust or debris does 20

not spread beyond the work area; 21

(e) Must be available, either on

- site or by telephone, at 22

all times that renovations are being conducted; 23

(f) When requested by the party contracting for renovation 24

services, must use an acceptable test kit to determine whether 25

components to be affected by the renovation contain lead

- based 26

paint; 27

(g) Must have with them at the work site their current Utah 28

Lead

- Based Paint Renovator certification card; and 29

(h) Must prepare the records required by R307

- 841

- 30

6(2)(a)(ii), (iii), and (f). 31

(3) Dust sampli ng technician responsibilities. When 32

performing optional dust clearance sampling under R307

- 841

- 5(3), a 33

certified dust sampling technician: 34

(a) Must collect dust samples in accordance with R307

- 842

- 35

3(5)(h), must send the collected samples to a laborator y 36

recognized by EPA under TSCA Section 405(b), and must compare the 37

results to the clearance levels in accordance with R307

- 842

- 38

3(5)(h); and 39

(b) Must have with them at the work site their current Utah 40

Lead

- Based Paint Dust Sampling Technician certificati on card. 41

42

**KEY: paint, lead**

**- based paint, lead** 

**- based paint renovation**  43

**Date of Enactment or Last Substantive Amendment: [ May 3, 2012**  **]** 44

**2016** 45

**Notice of Continuation: February 5, 2015** 46

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

**- 2** 

**- 104(1)(i)**  47

# ITEM 9

# Informational

Items

# Air Toxics

Compliance

Monitoring

### State of Utah

GARY R. HERBERT

Governor

SPENCER J. COX

Lieutenant Governor 

### Department of

Environmental Quality

Alan Matheson

Executive Director

DIVISION OF AIR QUALITY

Bryce C. Bird

Director

DAQA

- 1190

- 15

M E M O R A N D U M

TO: Air Quality Board

FROM: Bryce C. Bird, Executive Secretary

DATE: December 10, 2015

SUBJECT: Air Toxics, Lead

- Based Paint, and Asbestos (ATLAS) Section Compliance Activities

–

November 2015

____________________ __________________________________________________________________

Asbestos Demolition/Renovation NESHAP Inspections 25

Asbestos AHERA Inspections 29

Asbestos State Rules Only Inspections 4

Asbestos Notifications Accepted 127

Asbestos Telep hone Calls Answered 311

Asbestos Individuals Certifications Approved/Disapproved 72 / 0

Asbe stos Company Certifications/Re

- C ertifications 14 / 0

Asbestos Alternate Work Practices Approved/Disapproved 12 / 0

Lead

- Based Paint (LBP) Inspections 2

LBP Notifications Appr oved 1

LBP Telep hone Calls Answered 15

LBP Letters Prepared and Mailed 0

LBP Courses Reviewed/Approved 0 / 0

LBP Course Audits 0

LBP Individual Certifications Approved/Disapproved 21 / 0

LBP Firm Certifications 12

195 North 1950 West, 4 th Floor • Salt Lake City, U tah

Mailing Address: P.O. Box 144820 • Salt Lake City, U tah 84114

- 4820

Telephone (801) 536

- 4000 • Fax (801) 536

- 4099 • T.D.D (801) 903

- 3978

www.deq.utah.gov

Printed on 100% recycled paperDAQA

- 1190

- 15

Page 2

Notices of Violation Issued 0

Complia nce Advisories Issued 8

Warning Letter s Issued 8

Settlement Agreements Finalized 0

Penalties Agreed to : 0

### State of Utah

GARY R. HERBERT

Governor

SPENCER J. COX

Lieutenant Governor 

### Department of

Environmental Quality

Alan Matheson

Executive Director

DIVISION OF AIR QUALITY

Bryce C. Bird

Director

DAQA

- 005

- 16

M E M O R A N D U M

TO: Air Quality Board

FROM: Bryce C. Bird, Executive Secretary

DATE: January 6 , 2016

SUBJECT: Air Toxics, Lead

- Based Paint, and Asbestos (ATLAS) Section Compliance Activities

–

December 2015

______________________________________________________________________________________

Asbestos Demolition/Renovation NESHAP Inspections 35

Asbestos AHERA Inspections 53

Asbestos State Rules Only Inspections 1

Asbestos Notifications Accepted 156

Asbestos Telep hone Calls An swered 280

Asbestos Individuals Certifications Approved/Disapproved 94 / 0

Asbe stos Company Certifications/Re

- C ertifications 3 / 2 0

Asbestos Alternate Work Practices Approved/Disapproved 10 / 0

Lead

- Based Paint (LBP) Inspections 1

LBP Notifications Approved 1

LBP Telep hone Calls Answered 14

LBP Letters Prepared and Mailed 0

LBP Courses Reviewed/Approved 0 / 0

LBP Course Audits 0

LBP Individual Certifications Approved/Disapproved 11 / 0

LBP Firm Certifications 6

195 North 1950 West • Salt Lake City, U tah

Mailing Address: P.O. Box 144820 • Salt Lake City, U tah 84114

- 4820

Telephone (801) 536

- 4000 • Fax (801) 536

- 4099 • T.D.D (801) 903

- 3978

www.deq.utah.gov

Printed on 100% recy cled paperDAQA

- 0 0 5

- 16

Page 2

Notices of Violation Issued 0

Compliance A dvisories Issued 3

Warning Letter s Issued 4

Settlement Agreements Finalized 0

Penalties Agreed to : 0

### State of Utah

GARY R. HERBERT

Governor

SPENCER J. COX

Lieutenant Governor 

### Department of

Environmental Quality

Alan Matheson

Executive Director

DIVISION OF AIR QUALITY

Bryce C. Bird

Director

DAQC

- 1598

- 15

M E M O R A N D U M

TO: Air Quality Board

FROM: Bryce C. Bird, Executive Secretary

DATE: December 22 , 2015

SUBJECT: Compliance Activities

– November 2015

_____________________________________________________________________________ ________

Annual Inspections Conducted:

Major

................................ ................................ ................... 4

Synthetic Minor

................................ ................................ ................... 1

Minor

................................ ................................ ................. 23

On

- Site Stac k Test Audits Conducted:

................................ ............................. 9

Stack Test Report Reviews:

................................ ................................ ............ 4 9

On

- Site CEM Audits Conducted:

................................ ................................ ..... 2

Emission Reports Reviewed:

................................ ................................ ............ 9

Temporary Relocation Requests Reviewed & Approved:

................................ 5

Fugitive Dust Contro l Plans Reviewed & Accepted:

................................ ...... 79

Open Burn Permits Issued

................................ ................................ ................ 0

Soil Remediation Repor t Reviews:

................................ ................................ ... 1

1 Miscell aneous Inspections Conducted:

................................ .......................... 1 2

Complaints Received:

................................ ................................ ..................... 23

195 North 1950 West • Salt Lake City, U tah

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

- 48 2 0

Telephone (801) 53 6

- 4 0 00 • Fax (801 ) 536

- 4099 • T.D.D. (801) 903

- 3978

www.deq.utah.gov

Printed on 100% recycled paperD AQC

- 1598

- 15

Page 2

Breakdown Reports Received:

................................ ................................ .......... 1

Compliance Actions Resulti ng From a Breakdown

................................ .......... 0

Warning Letters Issued:

................................ ................................ .................... 2

Notices of Violation Issued:

................................ ................................ .............. 0

Compliance Advisories Issued:

................................ ................................ ......... 3

Settlement Agreements Reached:

................................ ................................ ..... 0

1 Miscellaneous inspections include, e.g., surveillance, level I inspections, VOC inspections, complaints,

on

- site training, dust patrol, smoke patrol, open burning, etc.

### State of Utah

GARY R. HERBERT

Governor

SPENCER J. COX

Lieutenant Governor 

### Department of

Environmental Quality

Alan Matheson

Executive Director

DIVISION OF AIR QUALITY

Bryce C. Bird

Director

DAQC

- 026

- 16

M E M O R A N D U M

TO: Air Quality Board

FROM: Bryce C. Bird, Executive Secretary

DATE: January 12, 2016

SUBJECT: Compliance Activities

– December 2015

_______________________________________________________________________________ ______

Annual Inspections Conducted:

Major

................................ ................................ ................... 5

Synthetic Minor

................................ ................................ ................... 2

Minor

................................ ................................ ................. 23

On

- Site Stack Test Audits Conducted:

................................ ............................. 3

Stack Test Report Reviews:

................................ ................................ ............ 36

On

- Site CEM Audits Conducted:

................................ ................................ ..... 5

Emission Reports Reviewed:

................................ ................................ ............ 1

Temporary Relocation Requests Reviewed & Approved:

................................ 2

Fugitive Dust Control Plans Reviewed & Accepted:

................................ ...... 60

Soil Remediation Report Reviews:

................................ ................................ ... 3

1 Miscellaneous Inspections Conducted:

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

Complaints Received:

................................ ................................ ..................... 37

Breakdown Reports Received:

................................ ................................ .......... 1

195 North 1950 West • Salt Lake City, U tah

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

- 48 2 0

Telephone (801) 53 6

- 4 0 00 • Fax (801 ) 536

- 4099 • T.D.D. (801) 903

- 3978

www.deq.utah.gov

Prin ted on 100% recycled paperD AQC

- 026

- 16

Page 2

Compliance Actions Resulting From a Breakdown

................................ .......... 0

Warnin g Letters Issued:

................................ ................................ .................... 3

Notices of Violation Issued:

................................ ................................ .............. 0

Compliance Advisories Issued:

................................ ................................ ......... 6

Settlement Agreements Reached:

................................ ................................ ... 11

EP Energy (9 separate sources)

................................ .................... $4,753.00

Insituform Technologies

................................ ................................ .. $359.00

Fidelity Exploration

................................ ................................ ......... $359.00

1 Miscellaneous inspections incl ude, e.g., surveillance, level I inspections, VOC inspections, complaints,

on

- site training, dust patrol, smoke patrol, open burning, etc.Utah Division of Air Quality0.05.010.015.020.025.030.035.040.01 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

PM2.5 (ug/m3)DaysUtah 24-Hr PM2.5 Data November 2015BountifulBrigham CityHawthorneHurricaneLindonLogan #4MagnaNorth ProvoOgden #2Rose ParkSmithfieldSpanish Fork24-hr Exceedence Value is 35 ug/m3Exceedence Value is 35 ug/m3Utah Division of Air Quality0.05.010.015.020.025.030.035.040.01 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

PM2.5 (ug/m3)DaysUtah 24-Hr PM2.5 Data December 2015BountifulBrigham CityHawthorneHurricaneLindonLogan #4MagnaNorth ProvoOgden #2Rose ParkSmithfieldSpanish Fork24-hr Exceedence Value is 35 ug/m3Exceedence Value is 35 ug/m3Utah Division of Air Quality0.05.010.015.020.025.030.035.040.01 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

PM2.5 (ug/m3)DaysUtah 24-Hr PM2.5 Data January 2016BountifulBrigham CityHawthorneHurricaneLindonLogan #4MagnaNorth ProvoOgden #2Rose ParkSmithfieldSpanish Fork24-hr Exceedence Value is 35 ug/m3Exceedence Value is 35 ug/m3Utah Division of Air Quality0204060801001201401601 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

PM 10 (ug/m3)DaysUtah 24-hr PM10Data November 2015BountifulHawthorneHerriman #3HurricaneLindonLoganMagnaNorth ProvoOgdenSmithfield24-hr Exceedance Value is 150 ug/m3Exceedance Value is 150 ug/m3Utah Division of Air Quality0204060801001201401601 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

PM 10 (ug/m3)DaysUtah 24-hr PM10Data December 2015BountifulHawthorneHerriman #3HurricaneLindonLogan #4MagnaNorth ProvoOgdenSmithfield24-hr Exceedance Value is 150 ug/m3Exceedance Value is 150 ug/m3Utah Division of Air Quality0204060801001201401601 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

PM 10 (ug/m3)DaysUtah 24-hr PM10Data January 2016BountifulHawthorneHerriman #3HurricaneLindonMagnaNorth ProvoOgdenSmithfield24-hr Exceedance Value is 150 ug/m3Exceedance Value is 150 ug/m320.822.017.66.15.76.59.715.016.44.16.39.310.312.414.87.83.18.710.68.76.46.57.511.911.90.3‐0.5‐2.3‐2.00.7-10.00.010.020.030.040.050.060.070.00.0000.0100.0200.0300.0400.0500.0600.0700.0801 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Daily Maximum Temperature (

0 C) (Hawthorne)

Ozone (ppm)DaysHighest 8-hr Ozone Concentration & Daily Maximum Temperature November 2015Brigham CityBountifulCopperviewErdaHerriman #3HarrisvilleHawthorneOgden #2Exceed.TM18.518.816.77.57.210.18.410.112.39.78.35.86.47.77.12.47.810.112.410.74.96.66.4 6.010.3‐0.1‐4.4‐2.2‐1.4‐2.4‐10.00.010.020.030.040.050.060.070.00.0000.0100.0200.0300.0400.0500.0600.0700.0801 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Daily Maximum Temperature (

0 C) (Roosevelt)

Ozone (ppm)DaysHighest 8-hr Ozone Concentration & Daily Maximum Temperature November 2015Price #2RooseveltVernalExceed.TM17.311.511.95.34.76.67.411.113.03.95.07.38.810.413.18.40.56.67.99.33.45.65.55.36.6‐0.9‐1.9‐5.8‐6.8‐3.0‐10.00.010.020.030.040.050.060.070.00.0000.0100.0200.0300.0400.0500.0600.0700.0801 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Daily Maximum Temperature (

0 C) (Logan #4)

Ozone (ppm)DaysHighest 8-hr Ozone Concentration & Daily Maximum Temperature November 2015Logan #4SmithfieldExceed.TM21.423.016.88.05.36.211.316.216.73.27.38.79.715.414.24.01.99.011.17.95.98.210.412.812.63.01.00.3‐1.21.7‐10.00.010.020.030.040.050.060.070.00.0000.0100.0200.0300.0400.0500.0600.0700.0801 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Daily Maximum Temperature (

0 C) (North Provo)

Ozone (ppm)DaysHighest 8-hr Ozone Concentration & Daily Maximum Temperature November 2015North ProvoSpanish ForkExceed.TM23.825.819.99.010.614.716.918.719.012.211.814.216.418.315.77.010.112.614.617.615.214.614.718.313.99.05.35.64.85.80.010.020.030.040.050.060.070.080.00.0000.0100.0200.0300.0400.0500.0600.0700.0801 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Daily Maximum Temperature (

0 C) (Hurricane)

Ozone (ppm)DaysHighest 8-hr Ozone Concentration & Daily Maximum Temperature November 2015HurricaneExceed.TM2.43.25.75.77.69.010.213.815.615.65.74.17.10.3‐1.2‐1.1‐0.56.79.23.16.86.01.11.5‐1.6‐4.6‐5.1‐5.6‐5.0‐2.5‐6.4-10.00.010.020.030.040.050.060.070.00.0000.0100.0200.0300.0400.0500.0600.0700.0801 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Daily Maximum Temperature (

0 C) (Hawthorne)

Ozone (ppm)DaysHighest 8-hr Ozone Concentration & Daily Maximum Temperature December 2015Brigham CityBountifulCopperviewErdaHerriman #3HarrisvilleHawthorneOgden #2Exceed.TM‐6.1‐6.6‐3.2‐0.61.30.5‐0.23.92.61.81.74.1‐3.7‐2.20.8‐1.4‐3.61.3‐1.20.31.61.4‐0.8‐1.8‐4.8‐2.0‐8.0‐12.0‐7.8‐4.0‐4.7‐20.0‐10.00.010.020.030.040.050.060.00.0000.0100.0200.0300.0400.0500.0600.0700.0801 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Daily Maximum Temperature (

0 C) (Roosevelt)

Ozone (ppm)DaysHighest 8-hr Ozone Concentration & Daily Maximum Temperature December 2015Price #2RooseveltVernalExceed.TM‐5.9‐4.1‐2.64.71.12.74.910.310.212.51.23.03.42.5‐2.4‐2.4‐3.41.45.02.26.12.7‐0.90.6‐3.3‐8.8‐12.4‐9.2‐8.3‐5.5‐10.5‐20.0‐10.00.010.020.030.040.050.060.00.0000.0100.0200.0300.0400.0500.0600.0700.0801 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Daily Maximum Temperature (

0 C) (Logan #4)

Ozone (ppm)DaysHighest 8-hr Ozone Concentration & Daily Maximum Temperature December 2015Logan #4SmithfieldExceed.TM1.83.35.78.28.111.910.412.111.614.44.65.14.92.2‐0.90.20.88.212.03.85.54.20.72.8‐1.5‐4.2‐5.5‐4.4‐3.9‐0.5‐4.4-10.00.010.020.030.040.050.060.070.00.0000.0100.0200.0300.0400.0500.0600.0700.0801 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Daily Mazimum Temperature (

0 C) (North Provo)

Ozone (ppm)DaysHighest 8-hr Ozone Concentration & Daily Maximum Temperature December 2015North ProvoSpanish ForkExceed.TM8.811.413.313.411.515.113.014.112.815.312.98.89.17.14.84.55.410.515.27.37.07.110.26.65.40.83.46.24.55.52.1-5.05.015.025.035.045.055.065.075.00.0000.0100.0200.0300.0400.0500.0600.0700.0801 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Daily Maximum Temperature (

0 C) (Hurricane)

Ozone (ppm)DaysHighest 8-hr Ozone Concentration & Daily Maximum Temperature December 2015HurricaneExceed.TM-4.8-5.2-2.7-0.46.44.72.21.42.50.0 0.00.4-0.23.41.73.47.44.95.95.55.16.55.62.0-10.00.010.020.030.040.050.060.070.00.0000.0100.0200.0300.0400.0500.0600.0700.0801 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Daily Maximum Temperature (

O C) (Hawthorne)

Ozone (ppm)DaysHighest 8-hr Ozone Concentration & Daily Maximum Temperature January 2016Brigham CityBountifulCopperviewErdaHerriman #3HarrisvilleHawthorneOgden #2Exceed.TM‐8.6‐8.6‐6.0‐5.7‐3.00.11.24.90.0‐1.5‐5.8‐5.4‐5.1‐4.20.5‐0.93.5‐0.10.42.70.1‐0.7‐2.52.0-20.0-10.00.010.020.030.040.050.060.00.0000.0100.0200.0300.0400.0500.0600.0700.0801 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Daily Maximum Temperature (

O C) (Roosevelt)

Ozone (ppm)DaysHighest 8-hr Ozone Concentration & Daily Maximum Temperature January 2016Price #2RooseveltVernal #4Exceed.TM-14.6-10.6-5.6-5.0-1.7-0.60.1-0.6-1.7-3.4-5.7-7.5-6.8-1.6-1.50.11.30.30.54.6-3.0-5.3-3.40.4-20.0-10.00.010.020.030.040.050.060.00.0000.0100.0200.0300.0400.0500.0600.0700.0801 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Daily Maximum Temperature (

O C) (Logan #4)

Ozone (ppm)DaysHighest 8-hr Ozone Concentration & Daily Maximum Temperature January 2016SmithfieldExceed.TM-6.00.32.64.86.84.44.71.51.80.2-0.1-0.93.63.72.13.45.65.24.75.14.08.46.52.5-10.00.010.020.030.040.050.060.070.00.0000.0100.0200.0300.0400.0500.0600.0700.0801 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Daily Maximum Temperature (

O C) (North Provo)

Ozone (ppm)DaysHighest 8-hr Ozone Concentration & Daily Maximum Temperature January 2016North ProvoSpanish ForkExceed.TM6.110.511.09.08.26.65.06.75.57.35.97.39.410.18.17.710.39.910.113.011.113.411.5 11.5-10.00.010.020.030.040.050.060.070.00.0000.0100.0200.0300.0400.0500.0600.0700.0801 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Daily Maximum Temperature (

O C) (Hurricane)

Ozone (ppm)DaysHighest 8-hr Ozone Concentration & Daily Maximum Temperature January 2016HurricaneExceed.TM