195 North 1950 West • Salt Lake City, Utah 

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

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

www.deq.utah.gov 

Printed on 100% recycled paper 

State of Utah 

GARY R. HERBERT 

Governor 

SPENCER J. COX 

Lieutenant Governor 

Department of 

Environmental Quality 

Alan Matheson 

 Executive Director 

DIVISION OF AIR QUALITY 

Bryce C. Bird 

 Director 

Air Quality Board 

Stephen C. Sands II, Chair

Kerry Kelly, Vice-Chair

Alan Matheson 

Erin Mendenhall 

Robert Paine III 

Arnold W. Reitze Jr 

Michael Smith 

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 Working 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. Definitions; R307-312-5. Hot Mix Asphalt Plants; and 

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

Presented by Ryan Stephens. 

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

Ryan Stephens. 

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

VII. Propose for Public Comment: Amend R307-801. Utah Asbestos Rule. Presented by Ryan 

Stephens. 

VIII. Propose for Public Comment: Amend R307-841-8. 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 3 
 

195 North 1950 West • Salt Lake City, Utah 

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

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

www.deq.utah.gov 

Printed on 100% recycled paper 

State of Utah 

GARY R. HERBERT 

Governor 

SPENCER J. COX 

Lieutenant Governor 

Department of 

Environmental Quality 

Alan Matheson 

 Executive Director 

DIVISION OF AIR QUALITY 

Bryce C. Bird 

 Director 

Air Quality Board 

Stephen C. Sands II, Chair

Kerry Kelly, Vice-Chair

Alan Matheson 

Erin Mendenhall 

Robert Paine III 

Arnold W. Reitze Jr 

Michael Smith 

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 Mendenhall, 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 Provisions 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 PM10 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 PM10 and move on with efforts to address PM2.5. 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 the Board. In this plan DAQ has addressed and 

corrected a number of the issues that EPA had raised 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 PM10 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, and error in the modeling result for 2028. Other 

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

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

TSD and those corrections will be made prior 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 PM2.5 SIP, and it is inclusive of all three PM10 nonattainment areas as well. Mr. Reiss also 

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

some items in the SIP goes back to original PM10 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 Director the authority to modify some of the limits 

belonging to the stationary sources that were identified. 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 PM10. 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 rule still sits on the federal books as part of the 

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

books. 

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

developed as part of the PM10 SIP to mitigate against growth. That is a feature of the minor source 

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

or modified source would reach a level of either 25 or 50 tons when you combined PM10 plus SOx

plus NOx. 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 PM10 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 PM10 maintenance areas. This rule has 

been effective but certainly is not perfect. It does 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 improvements in technology and efficiency that have 

actually lead over time to lesser emissions than was 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 adoption, repeal of existing SIP Subsection 

IX.A.10 and re-enact with SIP Subsection IX.A.11: PM10 Maintenance Provisions for Salt 

Lake County, as amended. Robert Paine seconded. 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 Provisions 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 had a good cooperative effort with EPA and staff 

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

accuracy of the model compare with the safety margin, he responded the model is always kind of 

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

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

margin. The metropolitan planning organizations are going to have budgets in the PM2.5 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 PM10 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 County. 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 repeal of existing SIP Subsection IX.A.11 and reenact with SIP Subsection IX.A.12: PM10 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 Provisions 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 repeal of existing SIP Subsection IX.A.12 and 

re-enact with SIP Subsection IX.A.13: PM10 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 PM10 control. However, we made an effort to harmonize the PM10

limits with other regulatory limits. So these conditions look like and have been structured very 

much like the PM2.5 conditions that were recently 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 continuing refinement involving concerns remaining 

from some of the previous iterations of the PM2.5 SIP. Some areas of focus included the pairing of 

averaging periods for emission limits with the 24 hours averaging period of the PM10 NAAQS, 

emissions during start up, shut down, and malfunction, 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 process have been addressed through revisions to the 

language in Part H. As with Part A, some of the comments received were directed at the TSD 
Air Quality Board December 2, 2015 Page 4 of 8 

which is not part of this rulemaking. DAQ is well 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, PM10 Requirements, as 

amended. Erin Mendenhall seconded. The Board approved unanimously. 

VIII. 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. Presented by Ryan 

Stephens. 

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

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

Rules. A 30-day public comment period was held 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 agenda 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 Mendenhall 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 air 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 definitions 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 meet those requirements. So it is not limited only 

by the NAAQS. Furthermore, that definition was what 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 directly from the Code of Federal Regulations. 

When looking at netting requirements that is addressed 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 analysis 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. Also, staff is asked to review the definition of air 

pollution and report that back to the Board. 

● Erin Mendenhall moved the Board approve final adoption to 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, with the inclusion of 

definitions of area and point source to R307-101-2 as proposed. Kerry Kelly seconded. 

The Board approved unanimously. 

X. Propose for Public Comment: New Rule R307-104. 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 before it went out to public comment because of 

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

under the rulemaking act. DAQ amended the rule without 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 PM2.5. The disapproval was based on the fact that Utah no longer had a rule 

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

requirement that any potential conflicts of interest 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 Utah 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 federal 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 important 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 propose for public comment to amend R307-101-2, 

Definitions. Kerry Kelly seconded. The Board approved unanimously. 

XII. Informational Items. 

A. EPA’s Proposed Discretionary Reclassification. Presented by Bryce Bird. 

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

previously discussed EPA had intended to propose a discretionary reclassification to a 

serious nonattainment area for each of the current PM2.5 nonattainment areas. EPA 

published that in the Federal Register on November 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 PM2.5 provisions under Subpart 

1 and because of a Supreme Court decision it was 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 attainment 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 moderate plan to be effective at adjusting the 

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

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

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

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

of the plan allows more time for the implementation strategies of the moderate plan to be 

in effect. 

Complicating factors are that EPA has not developed an implementation rule for PM2.5

under the Subpart 4 requirements and the CAA does not address PM2.5 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 PM2.5 standard. In looking between now and the end of the year, there is 

a possibility that we could remain in attainment 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 timeline 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 would 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 months 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 Jay 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 were well above the ozone standard. The 

timeline for designation under the new ozone standard 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 have 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 infrastructure available and the cost run such a 
Air Quality Board December 2, 2015 Page 8 of 8 

monitor. DAQ is behind in replacing current equipment 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 
State of Utah 

GARY R. HERBERT

Governor

SPENCER J. COX

Lieutenant Governor

Department of 

Environmental Quality

Alan Matheson

Executive Director

DIVISION OF AIR QUALITY

Bryce C. Bird

Director

DAQ-005-16

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 Asphalt 

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

Transport Vehicles. 

______________________________________________________________________________________

On August 25, 2015, the EPA proposed conditional approval of sections of Utah’s PM2.5 State 

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

R307-101-2, R307-312-5, and R307-328-4. The state sent a letter to the EPA that committed to revising 

the rules. 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 PM2.5 included a description of all PM2.5 precursors, with 

the exception of ammonia. The amendment removed the PM2.5 precursors from the definition of PM2.5.

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 equivalent 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 be 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 volatile organic compound generation. 

195 North 1950 West • Salt Lake City, Utah 

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

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

www.deq.utah.gov

Printed on 100% recycled paper
DAQ-005-16 

Page 2

A 30 day comment 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 21, 2016 Page 1 of 17

1 R307. Environmental Quality, Air Quality.

2 R307-101. General Requirements.

3 R307-101-2. Definitions.

4 Except where specified in individual rules, definitions in 

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

6 Board.

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

8 pollutant from an emissions unit determined as follows:

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

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

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

12 precedes the particular date and which is representative of normal 

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

14 different time period upon a determination that it is more 

15 representative of normal source operation. Actual emissions shall 

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

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

18 during the selected time period.

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

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

21 the unit.

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

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

24 operations on the particular date, actual emissions shall equal 

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

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

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

28 emissions of the unit following the physical or operational change 

29 shall equal the representative actual annual emissions of the 

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

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

32 the date the unit resumes regular operation, information 

33 demonstrating that the physical or operational change did not 

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

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

36 determines such a period to be more representative of normal 

37 source post-change operations.

38 "Acute Hazardous Air Pollutant" means any noncarcinogenic 

39 hazardous air pollutant for which a threshold limit value -

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

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

42 Values for Chemical Substances and Physical Agents and Biological 

43 Exposure Indices, (2009)."

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

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

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

47 "Air Contaminant Source" means any and all sources of 
R307-101-2 January 21, 2016 Page 2 of 17

1 emission of air contaminants whether privately or publicly owned 

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

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

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

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

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

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

8 property as determined by the standards, rules and regulations 

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

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

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

12 the source is subject to enforceable limits which restrict the 

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

14 limitation established pursuant to R307-401-8.

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

16 19-2-102(4)).

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

18 town or county.

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

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

21 exterior ducts.

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

24 combination fire department; or other local agency duly designated 

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

26 Health; and other lawfully adopted ordinances, codes or 

27 regulations not in conflict therewith.

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

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

30 include but not limited to any malfunction or procedural error 

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

32 inoperability or sudden loss of performance of the control 

33 equipment or process equipment causing emissions in excess of 

34 those allowed by approval order or Title R307.

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

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

37 degree Fahrenheit.

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

39 readout over a stated period of time of normal continuous 

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

41 the same known upscale value.

42 "Carbon Adsorption System" means a device containing 

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

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

45 disposal or reuse of all VOC adsorbed.

46 "Carcinogenic Hazardous Air Pollutant" means any hazardous 

47 air pollutant that is classified as a known human carcinogen (A1) 
R307-101-2 January 21, 2016 Page 3 of 17

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

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

3 Values for Chemical Substances and Physical Agents and Biological 

4 Exposure Indices, (2009)."

5 "Chargeable Pollutant" means any regulated air pollutant 

6 except the following:

7 (1) Carbon monoxide;

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

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

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

11 Ozone Protection;

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

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

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

15 "Chronic Hazardous Air Pollutant" means any noncarcinogenic 

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

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

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

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

20 Values for Chemical Substances and Physical Agents and Biological 

21 Exposure Indices, (2009)."

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

23 1990.

24 "Clean Coal Technology" means any technology, including 

25 technologies applied at the precombustion, combustion, or post 

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

27 significant reductions in air emissions of sulfur dioxide or 

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

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

30 widespread use as of November 15, 1990.

31 "Clean Coal Technology Demonstration Project" means a project 

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

34 commercial demonstration of clean coal technology, or similar 

35 projects funded through appropriations for the Environmental 

36 Protection Agency. The Federal contribution for a qualifying 

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

38 demonstration project.

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

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

41 number is provided by the National Weather Service.

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

43 major modification means that the owner or operator has all 

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

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

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

47 a reasonable time; or
R307-101-2 January 21, 2016 Page 4 of 17

1 (2) Entered into binding agreements or contractual 

2 obligations, which cannot be canceled or modified without 

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

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

5 reasonable time.

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

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

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

9 particulate matter immediately after discharge from the stack.

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

11 which will result in compliance with these regulations.

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

13 method of operation including fabrication, erection, installation, 

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

15 change in actual emissions.

16 "Control Apparatus" means any device which prevents or 

17 controls the emission of any air contaminant directly or 

18 indirectly into the outdoor atmosphere.

19 "Department" means Utah State Department of Environmental 

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

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

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

23 "Division" means the Division of Air Quality.

24 "Electric Utility Steam Generating Unit" means any steam 

25 electric generating unit that is constructed for the purpose of 

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

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

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

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

31 is also considered in determining the electrical energy output 

32 capacity of the affected facility.

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

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

35 air contaminant; or the effluent so discharged into the 

36 atmosphere.

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

38 operation, equipment or control apparatus:

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

40 frequency, concentration, or other characteristics related to air 

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

42 source operation, equipment, or control apparatus;

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

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

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

46 applicable standard or limitation, the source operation was 

47 authorized to emit (including, to the extent necessary for such 
R307-101-2 January 21, 2016 Page 5 of 17

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

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

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

4 the source operation to the extent necessary to identify the 

5 source operation and to distinguish it from other source 

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

7 a description of the device, installation, or operation 

8 constituting the source operation).

9 "Emission Limitation" means a requirement established by the 

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

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

12 continuous emission reduction including any requirement relating 

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

14 emission reduction (Section 302(k)).

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

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

17 regulation under the Clean Air Act.

18 "Enforceable" means all limitations and conditions which are 

19 enforceable by the Administrator, including those requirements 

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

21 the State Implementation Plan and R307, any permit requirements 

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

23 "EPA" means Environmental Protection Agency.

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

25 "Visual Determination of Opacity of Emissions from Stationary 

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

27 emissions from stationary sources remotely by LIDAR."

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

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

30 "Existing Installation" means an installation, construction 

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

32 having application to it.

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

34 or accessories thereof, installed or acquired for the primary 

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

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

37 comfort of personnel.

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

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

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

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

42 train.

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

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

45 similarly prepared device connected to a chimney which provides 

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

47 fire chamber fully or at least partially open to the room. 
R307-101-2 January 21, 2016 Page 6 of 17

1 Fireplaces include those devices with circulating systems, heat 

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

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

4 purposes.

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

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

7 becomes airborne because of wind or mechanical disturbance of 

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

9 fugitive dust within the meaning of this definition.

10 "Fugitive Emissions" means emissions from an installation or 

11 facility which are neither passed through an air cleaning device 

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

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

14 "Garbage" means all putrescible animal and vegetable matter 

15 resulting from the handling, preparation, cooking and consumption 

16 of food, including wastes attendant thereto.

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

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

19 pounds or greater.

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

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

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

23 available at the Division of Air Quality.

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

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

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

27 products, rags, leaves and garden trash.

28 "Incinerator" means a combustion apparatus designed for high 

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

30 gaseous combustible wastes are ignited and burned efficiently and 

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

32 combustible material.

33 "Installation" means a discrete process with identifiable 

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

35 Pollution equipment shall not be considered a separate 

36 installation or installations.

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

38 butane.

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

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

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

42 from nonattainment to attainment of any National Ambient Air 

43 Quality Standard.

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

45 ozone:

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

47 (ii) Davis County, effective August 18, 1997.
R307-101-2 January 21, 2016 Page 7 of 17

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

2 carbon monoxide:

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

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

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

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

7 PM10:

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

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

10 July 6, 2005; and

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

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

13 2005; and

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

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

16 2005.

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

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

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

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

21 January 5, 2005.

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

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

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

25 emissions increase that is significant for volatile organic 

26 compounds shall be considered significant for ozone. Within Salt 

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

28 emissions increase that is significant for nitrogen oxides shall 

29 be considered significant for ozone. Within areas of 

30 nonattainment for PM10, a significant net emission increase for 

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

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

33 shall not include:

34 (1) routine maintenance, repair and replacement;

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

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

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

38 gas curtailment plan pursuant to the Federal Power Act;

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

40 under section 125 of the federal Clean Air Act;

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

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

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

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

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

46 enforceable permit condition; or

47 (b) which the source is otherwise approved to use;
R307-101-2 January 21, 2016 Page 8 of 17

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

2 production rate unless such change would be prohibited under any 

3 enforceable permit condition;

4 (7) any change in ownership at a source

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

6 project at an existing electric utility steam generating unit, 

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

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

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

10 pollution control project would result in a significant net 

11 increase in representative actual annual emissions of any criteria 

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

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

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

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

16 contribute to a violation of any national ambient air quality 

17 standard or PSD increment, or visibility limitation.

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

19 temporary clean coal technology demonstration project, provided 

20 that the project complies with:

21 (a) the Utah State Implementation Plan; and

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

23 national ambient air quality standards during the project and 

24 after it is terminated.

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

26 Clean Air Act as applicable to R307:

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

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

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

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

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

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

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

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

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

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

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

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

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

40 Clean Air Act; or

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

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

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

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

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

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

47 qualifying under subpart 1 as a major source, if the change would 
R307-101-2 January 21, 2016 Page 9 of 17

1 constitute a major source by itself;

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

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

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

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

6 categories of stationary sources:

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

8 (b) Kraft pulp mills;

9 (c) Portland cement plants;

10 (d) Primary zinc smelters;

11 (e) Iron and steel mills;

12 (f) Primary aluminum or reduction plants;

13 (g) Primary copper smelters;

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

15 tons of refuse per day;

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

17 (j) Petroleum refineries;

18 (k) Lime plants;

19 (l) Phosphate rock processing plants;

20 (m) Coke oven batteries;

21 (n) Sulfur recovery plants;

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

23 (p) Primary lead smelters;

24 (q) Fuel conversion plants;

25 (r) Sintering plants;

26 (s) Secondary metal production plants;

27 (t) Chemical process plants;

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

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

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

31 storage capacity exceeding 300,000 barrels;

32 (w) Taconite ore processing plants;

33 (x) Glass fiber processing plants;

34 (y) Charcoal production plants;

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

36 million British Thermal Units per hour heat input;

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

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

39 federal Clean Air Act.

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

41 results in a potential increase of emission.

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

43 allowable concentrations of air pollutants in the ambient air 

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

45 Regulations, Part 50).

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

47 the following exceeds zero:
R307-101-2 January 21, 2016 Page 10 of 17

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

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

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

4 the source that are contemporaneous with the particular change and 

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

6 emissions increase":

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

8 contemporaneous with the increase from the particular change only 

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

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

11 from the particular change occurs.

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

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

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

15 increase in actual emissions for the particular change occurs.

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

17 dioxide, nitrogen oxides or particulate matter which occurs before 

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

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

20 allowable increases remaining available. With respect to 

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

22 this increase or decrease.

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

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

25 level.

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

27 extent that:

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

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

30 actual emissions;

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

32 construction on the particular change begins; and

33 (iii) It has approximately the same qualitative significance 

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

35 from the particular change.

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

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

38 reasonable further progress.

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

40 source occurs when the emissions unit on which construction 

41 occurred becomes operational and begins to emit a particular 

42 pollutant. Any replacement unit that requires shakedown becomes 

43 operational only after a reasonable shakedown period, not to 

44 exceed 180 days.

45 "New Installation" means an installation, construction of 

46 which began after the effective date of any regulation having 

47 application to it.
R307-101-2 January 21, 2016 Page 11 of 17

1 "Nonattainment Area" means an area designated by the 

2 Environmental Protection Agency as nonattainment under Section 

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

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

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

6 greater than the emission limitation imposed on such source by 

7 these regulations and/or the State Implementation Plan.

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

9 light, expressed as percent.

10 "Open Burning" means any burning of combustible materials 

11 resulting in emission of products of combustion into ambient air 

12 without passage through a chimney or stack.

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

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

15 or air pollution control equipment.

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

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

18 Clean Air Act.

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

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

21 EPA reference or equivalent method.

22 "PM10" means particulate matter with an aerodynamic diameter 

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

24 EPA reference or equivalent method.

25 "PM10 Precursor" means any chemical compound or substance 

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

27 chemical or physical changes that convert it into particulate 

28 matter, specifically PM10.

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

30 requirements of R307-415.

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

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

33 agency or entity, municipality, commission, or political 

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

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

36 an existing electric utility steam generating unit for purposes of 

37 reducing emissions from such unit. Such activities or projects 

38 are limited to:

39 (1) The installation of conventional or innovative pollution 

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

41 desulfurization, sorbent injection for sulfur dioxide and nitrogen 

42 oxides controls and electrostatic precipitators;

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

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

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

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

47 the purpose of controlling emissions;
R307-101-2 January 21, 2016 Page 12 of 17

1 (3) A permanent clean coal technology demonstration project 

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

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

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

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

6 technology, or similar projects funded through appropriations for 

7 the Environmental Protection Agency; or

8 (4) A permanent clean coal technology demonstration project 

9 that constitutes a repowering project.

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

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

12 physical or operational limitation on the capacity of the source 

13 to emit a pollutant including air pollution control equipment and 

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

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

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

17 emissions is enforceable. Secondary emissions do not count in 

18 determining the potential to emit of a stationary source.

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

20 condensable PM2.5.

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

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

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

24 material or process intermediate consumed, or product generated, 

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

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

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

28 of fuel burned per unit of time.

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

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

31 method of operation associated with the commencement of commercial 

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

33 discontinued operation where the unit:

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

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

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

37 inventory at the time of enactment;

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

39 of emissions control that achieves a removal efficiency for sulfur 

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

41 particulates of no less than 98 percent;

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

43 commencement of operations following reactivation; and

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

45 Clean Air Act.

46 "Reasonable Further Progress" means annual incremental 

47 reductions in emission of an air pollutant which are sufficient to 
R307-101-2 January 21, 2016 Page 13 of 17

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

2 State Implementation Plan.

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

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

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

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

7 standard has been promulgated;

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

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

10 for New Stationary Sources;

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

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

13 Stratospheric Ozone Protection;

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

15 Section 112, Hazardous Air Pollutants, or other requirements 

16 established under Section 112 of the Act, including Sections 

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

18 (i) Any pollutant subject to requirements under Section 

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

20 the Administrator fails to promulgate a standard by the date 

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

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

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

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

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

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

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

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

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

30 boiler with one of the following clean coal technologies: 

31 atmospheric or pressurized fluidized bed combustion, integrated 

32 gasification combined cycle, magnetohydrodynamics, direct and 

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

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

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

36 technologies, and any other technology capable of controlling 

37 multiple combustion emissions simultaneously with improved boiler 

38 or generation efficiency and with significantly greater waste 

39 reduction relative to the performance of technology in widespread 

40 commercial use as of November 15, 1990.

41 (1) Repowering shall also include any oil and/or gas-fired 

42 unit which has been awarded clean coal technology demonstration 

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

44 (2) The director shall give expedited consideration to 

45 permit applications for any source that satisfies the requirements 

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

47 of the Clean Air Act.
R307-101-2 January 21, 2016 Page 14 of 17

1 "Representative Actual Annual Emissions" means the average 

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

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

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

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

6 where the director determines that such period is more 

7 representative of source operations), considering the effect any 

8 such change will have on increasing or decreasing the hourly 

9 emissions rate and on projected capacity utilization. In 

10 projecting future emissions the director shall:

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

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

13 representations, filings with the State of Federal regulatory 

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

15 Act; and

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

17 results from the particular physical change or change in the 

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

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

20 could have been accommodated during the representative baseline 

21 period and is attributable to an increase in projected capacity 

22 utilization at the unit that is unrelated to the particular 

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

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

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

26 all ancillary buildings.

27 "Residential Solid Fuel Burning" device means any residential 

28 burning device except a fireplace connected to a chimney that 

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

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

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

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

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

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

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

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

37 Appliances that are described as prefabricated fireplaces and are

38 designed to accommodate doors or other accessories that would 

39 create the air starved operating conditions of a residential solid 

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

41 not included in this definition for solid fuel burning devices.

42 "Road" means any public or private road.

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

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

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

46 shipping containers or drums.

47 "Secondary Emissions" means emissions which would occur as a 
R307-101-2 January 21, 2016 Page 15 of 17

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

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

3 modification itself.

4 Secondary emissions must be specific, well defined, 

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

6 modification which causes the secondary emissions. Secondary 

7 emissions include emissions from any off-site support facility 

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

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

10 major modification. Secondary emissions do not include any 

11 emissions which come directly from a mobile source such as 

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

13 from a vessel.

14 Fugitive emissions and fugitive dust from the source or 

15 modification are not considered secondary emissions.

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

17 through chemical reactions in the ambient air well after dilution 

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

19 at some distance downwind from the source.

20 "Significant" means:

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

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

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

24 rates:

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

26 Nitrogen oxides: 40 tpy;

27 Sulfur dioxide: 40 tpy;

28 PM10: 15 tpy;

29 PM2.5: 10 tpy;

30 Particulate matter: 25 tpy;

31 Ozone: 40 tpy of volatile organic compounds;

32 Lead: 0.6 tpy.

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

34 material or combination of these materials.

35 "Solvent" means organic materials which are liquid at 

36 standard conditions (Standard Temperature and Pressure) and which 

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

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

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

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

41 more continuous or adjacent properties and which is under the 

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

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

44 pollutant-emitting activities which belong to the same industrial 

45 grouping. Pollutant-emitting activities shall be considered as 

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

47 "Major Group" (i.e. which have the same two-digit code) as 
R307-101-2 January 21, 2016 Page 16 of 17

1 described in the Standard Industrial Classification Manual, 1972, 

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

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

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

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

6 including flares.

7 "Standards of Performance for New Stationary Sources" means 

8 the Federally established requirements for performance and record 

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

10 "State" means Utah State.

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

12 "Temporary Clean Coal Technology Demonstration Project" means 

13 a clean coal technology demonstration project that is operated for 

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

15 State Implementation Plan and other requirements necessary to 

16 attain and maintain the national ambient air quality standards 

17 during the project and after it is terminated.

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

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

20 by the American Conference of Governmental Industrial Hygienists 

21 in its "Threshold Limit Values for Chemical Substances and 

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

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

24 means the time-weighted airborne concentration of a substance 

25 adopted by the American Conference of Governmental Industrial 

26 Hygienists in its "Threshold Limit Values for Chemical Substances 

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

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

29 particles of matter, collected by high volume sampler.

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

31 air contaminant equal to a threshold limit value - ceiling (TLV32 C) or threshold limit value -time weighted average (TLV-TWA) 

33 divided by a safety factor.

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

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

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

37 trimmings and other similar materials.

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

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

40 is hereby adopted and incorporated by reference.

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

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

43 construction or demolition debris, or other refuse including that 

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

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

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

47 the VOC concentration at the time of measurement is zero.
R307-101-2 January 21, 2016 Page 17 of 17

1

2

3 KEY: air pollution, definitions

4 Date of Enactment or Last Substantive Amendment: 2015

5 Notice of Continuation: May 8, 2014

6 Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a)
R307-312-5 January 21, 2016 Page 1 of 1

1

2 R307. Environmental Quality, Air Quality.

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

4 Areas.

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

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

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

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

9 51, Appendix M, Method 201A.

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

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

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

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

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

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

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

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

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

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

20 day.

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

22 fuel records.

23

24

25 KEY: air pollution, aggregate, asphalt, concrete

26 Date of Enactment or Last Substantive Amendment: 2015

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

28 104; 19-2-109
R307-328-4 January 21, 2016 Page 1 of 2

1 R307. Environmental Quality, Air Quality.

2 R307-328. Gasoline Transfer and Storage.

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

4 and Other Transport Vehicles.

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

6 into any gasoline cargo tank unless the emissions from such 

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

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

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

10 0.640 pounds per 1,000 gallons transferred.

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

12 properly installed and maintained.

13 (3) The loading device shall not leak.

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

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

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

17 consecutive disconnects.

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

19 fittings which make a vapor tight connection and shall 

20 automatically close upon disconnection to prevent release of the 

21 organic material.

22 (6) A gasoline storage and transfer installation that 

23 receives inbound loads and dispatches outbound loads ("bulk 

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

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

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

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

28 bottom or submerged filling. The emission limitation is based on 

29 operating procedures and equipment specifications using Reasonably 

30 Available Control Technology as defined in EPA documents EPA 

31 450/2-77-026 October 1977, "Control of Hydrocarbons from Tank 

32 Truck Gasoline Loading Terminals," and EPA-450/2-77-035 December 

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

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

35 operating procedures must be documented and submitted to and 

36 approved by the director.

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

38 any time during loading operations except to avoid emergency 

39 situations or during emergency situations. Pressure relief valves 

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

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

42 local fire codes and National Fire Prevention Association 

43 guidelines. Pressure in the vapor collection system shall not 

44 exceed the gasoline cargo tank pressure relief setting.

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

46 dispensing installation shall conduct testing of vapor collection 

47 systems used at such installation and shall maintain records of 
R307-328-4 January 21, 2016 Page 2 of 2

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

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

3 consistent with the procedures described in the EPA document, 

4 "Control of Volatile Organic Compound Leaks from Gasoline Tank 

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

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

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

8 the director upon submittal of documentation which would justify a 

9 change.

10 (10) The vapor collection and vapor processing equipment 

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

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

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

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

15 percent of the lower explosive limit measured at 1.04 inches 

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

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

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

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

20 leaks are permitted during testing or monitoring.

21

22 KEY: air pollution, gasoline transport, ozone

23 Date of Enactment or Last Substantive Amendment: 2015

24 Notice of Continuation: February 1, 2012

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

26 104(1)(a)
ITEM 5 
State of Utah 

GARY R. HERBERT

Governor

SPENCER J. COX

Lieutenant Governor

Department of 

Environmental Quality

Alan Matheson

Executive Director

DIVISION OF AIR QUALITY

Bryce C. Bird

Director

DAQ-004-16

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 ADOPTION: 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 

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

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

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

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

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

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

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

for determining whether a PSD or Title V permit is necessary, 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 identified 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, Utah 

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

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

www.deq.utah.gov

Printed on 100% recycled paper
R307-405-3 January 21, 2016 Page 1 of 3

1 R307. Environmental Quality, Air Quality.

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

3 Areas (PSD).

4

5 R307-405-3. Definitions.

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

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

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

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

10 subject to 40 CFR 52.21".

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

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

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

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

15 Administrator" in the following incorporated sections:

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

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

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

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

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

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

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

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

24 (d) The following definitions or portions of definitions 

25 that apply to the equipment repair and replacement provisions are 

26 not incorporated because these provisions were vacated by the DC 

27 Circuit Court of Appeals on March 17, 2006:

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

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

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

31 52.21(b)(55),

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

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

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

35 (b)(57), and

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

37 52.21(b)(58).

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

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

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

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

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

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

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

45 federal Clean Air Act, and which have not been delisted pursuant 
R307-405-3 January 21, 2016 Page 2 of 3

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

2 listed hazardous air pollutant is also regulated as a constituent 

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

4 the federal Clean Air Act."

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

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

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

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

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

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

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

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

13 revised pursuant to R307-415.

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

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

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

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

18 R307-410 shall apply in this rule.

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

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

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

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

23 requires actual control of the quantity of emissions of that 

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

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

26 emissions of that pollutant released from the regulated activity. 

27 Except that:

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

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

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

31 nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and 

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

33 provided in paragraph (d) of this section.

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

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

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

37 computed as follows:

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

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

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

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

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

43 56395-96).

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

45 section for each gas to compute a tpy CO2e.
R307-405-3 January 21, 2016 Page 3 of 3

1 (c) The term "emissions increase" as used in paragraph (d) 

2 of this section shall mean that both a significant emissions 

3 increase (as calculated using the procedures in 40 CFR 52.21 

4 (a)(2)(iv) that is incorporated by reference in R307-405-2) and a 

5 significant net emissions increase (as defined in paragraphs 40 

6 CFR 52.21(b)(3) and (b)(23) that is incorporated by reference in 

7 R307-405-3) occur. For the pollutant GHGs, an emissions increase 

8 shall be based on tpy CO2e, and shall be calculated assuming the 

9 pollutant GHGs is a regulated NSR pollutant, and ''significant'' 

10 is defined as 75,000 tpy CO2e instead of applying the value in 

11 paragraph 40 CFR 52.21(b)(23)(ii).

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

13 to regulation if:

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

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

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

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

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

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

20 an emissions increase of 75,000 tpy CO2e or more.

21

22

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

24 Date of Enactment or Last Substantive Amendment: 2015

25 Notice of Continuation: January 28, 2014

26 Authorizing, and Implemented or Interpreted Law: 19-2-104
R307-415-3 January 21, 2016 Page 1 of 6

1 R307. Environmental Quality, Air Quality.

2 R307-415. Permits: Operating Permit Requirements.

3

4 R307-415-3. Definitions.

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

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

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

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

9 seq.

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

11 designee.

12 "Affected States" are all states:

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

14 contiguous to Utah; or

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

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

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

18 radioactive (including source material, special nuclear material, 

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

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

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

22 the Administrator has identified such precursor or precursors for 

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

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

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

26 requirements that have been promulgated or approved by the Board 

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

28 but have future-effective compliance dates:

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

30 State Implementation Plan;

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

32 R307-401;

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

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

35 including Section 111(d);

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

37 the Act, Hazardous Air Pollutants, including any requirement 

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

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

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

41 thereunder;

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

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

44 Act, Enhanced Monitoring and Compliance Certification;

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

46 incineration, under Section 129 of the Act;

47 (h) Any standard or other requirement for consumer and 
R307-415-3 January 21, 2016 Page 2 of 6

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

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

3 promulgated to protect stratospheric ozone under Title VI of the 

4 Act, unless the Administrator has determined that such 

5 requirements need not be contained in an operating permit;

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

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

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

9 Section 504(e) of the Act;

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

11 the Board.

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

13 source.

14 "Designated representative" shall have the meaning given to 

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

16 applies only to Title IV affected sources.

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

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

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

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

22 required by an applicable requirement that establishes an 

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

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

25 avoid an applicable requirement to which the source would 

26 otherwise be subject.

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

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

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

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

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

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

33 issued by the director that has completed all review procedures 

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

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

36 requirements of R307-415-6d.

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

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

39 the Act.

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

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

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

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

44 major industrial grouping and that are described in paragraphs 

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

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

47 shall be considered part of a single industrial grouping if all of 
R307-415-3 January 21, 2016 Page 3 of 6

1 the pollutant emitting activities at such source or group of 

2 sources on contiguous or adjacent properties belong to the same 

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

4 Standard Industrial Classification Manual, 1987. Emissions 

5 resulting directly from an internal combustion engine for 

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

7 considered in determining whether a stationary source is a major 

8 source under this definition.

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

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

11 radionuclides, any stationary source or group of stationary 

12 sources located within a contiguous area and under common control 

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

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

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

16 pollutants. Notwithstanding the preceding sentence, emissions 

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

18 associated equipment, and emissions from any pipeline compressor 

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

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

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

22 stations are major sources.

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

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

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

26 including any major source of fugitive emissions or fugitive dust 

27 of any such pollutant as determined by rule by the Administrator. 

28 The fugitive emissions or fugitive dust of a stationary source 

29 shall not be considered in determining whether it is a major 

30 stationary source for the purposes of Section 302(j) of the Act, 

31 unless the source belongs to any one of the following categories 

32 of stationary source:

33 (i) Coal cleaning plants with thermal dryers;

34 (ii) Kraft pulp mills;

35 (iii) Portland cement plants;

36 (iv) Primary zinc smelters;

37 (v) Iron and steel mills;

38 (vi) Primary aluminum ore reduction plants;

39 (vii) Primary copper smelters;

40 (viii) Municipal incinerators capable of charging more than 

41 250 tons of refuse per day;

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

43 (x) Petroleum refineries;

44 (xi) Lime plants;

45 (xii) Phosphate rock processing plants;

46 (xiii) Coke oven batteries;

47 (xiv) Sulfur recovery plants;
R307-415-3 January 21, 2016 Page 4 of 6

1 (xv) Carbon black plants, furnace process;

2 (xvi) Primary lead smelters;

3 (xvii) Fuel conversion plants;

4 (xviii) Sintering plants;

5 (xix) Secondary metal production plants;

6 (xx) Chemical process plants;

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

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

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

10 storage capacity exceeding 300,000 barrels;

11 (xxiii) Taconite ore processing plants;

12 (xxiv) Glass fiber processing plants;

13 (xxv) Charcoal production plants;

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

15 250 million British thermal units per hour heat input;

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

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

18 of the Act.

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

20 I of the Act, Plan Requirements for Nonattainment Areas, 

21 including:

22 (i) For ozone nonattainment areas, sources with the 

23 potential to emit 100 tons per year or more of volatile organic 

24 compounds or oxides of nitrogen in areas classified as "marginal" 

25 or "moderate," 50 tons per year or more in areas classified as 

26 "serious," 25 tons per year or more in areas classified as 

27 "severe," and 10 tons per year or more in areas classified as 

28 "extreme"; except that the references in this paragraph to 100, 

29 50, 25, and 10 tons per year of nitrogen oxides shall not apply 

30 with respect to any source for which the Administrator has made a 

31 finding, under Section 182(f)(1) or (2) of the Act, that 

32 requirements under Section 182(f) of the Act do not apply;

33 (ii) For ozone transport regions established pursuant to 

34 Section 184 of the Act, sources with the potential to emit 50 tons 

35 per year or more of volatile organic compounds;

36 (iii) For carbon monoxide nonattainment areas that are 

37 classified as "serious" and in which stationary sources contribute 

38 significantly to carbon monoxide levels as determined under rules 

39 issued by the Administrator, sources with the potential to emit 50 

40 tons per year or more of carbon monoxide;

41 (iv) For PM-10 particulate matter nonattainment areas 

42 classified as "serious," sources with the potential to emit 70 

43 tons per year or more of PM-10 particulate matter.

44 "Non-Road Vehicle" means a vehicle that is powered by an 

45 internal combustion engine (including the fuel system), that is 

46 not a self-propelled vehicle designed for transporting persons or 

47 property on a street or highway or a vehicle used solely for 
R307-415-3 January 21, 2016 Page 5 of 6

1 competition, and is not subject to standards promulgated under 

2 Section 111 of the Act (New Source Performance Standards) or 

3 Section 202 of the Act (Motor Vehicle Emission Standards).

4 "Operating permit" or "permit," unless the context suggests 

5 otherwise, means any permit or group of permits covering a Part 70 

6 source that is issued, renewed, amended, or revised pursuant to 

7 these rules.

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

9 requirements of R307-415, as provided in R307-415-4.

10 "Permit modification" means a revision to an operating permit 

11 that meets the requirements of R307-415-7f.

12 "Permit revision" means any permit modification or 

13 administrative permit amendment.

14 "Permit shield" means the permit shield as described in R307-

15 415-6f.

16 "Proposed permit" means the version of a permit that the 

17 director proposes to issue and forwards to EPA for review in 

18 compliance with R307-415-8.

19 "Renewal" means the process by which a permit is reissued at 

20 the end of its term.

21 "Responsible official" means one of the following:

22 (a) For a corporation: a president, secretary, treasurer, or 

23 vice-president of the corporation in charge of a principal 

24 business function, or any other person who performs similar policy 

25 or decision-making functions for the corporation, or a duly 

26 authorized representative of such person if the representative is 

27 responsible for the overall operation of one or more 

28 manufacturing, production, or operating facilities applying for or 

29 subject to a permit and either:

30 (i) the operating facilities employ more than 250 persons or 

31 have gross annual sales or expenditures exceeding $25 million in 

32 second quarter 1980 dollars; or

33 (ii) the delegation of authority to such representative is 

34 approved in advance by the director;

35 (b) For a partnership or sole proprietorship: a general 

36 partner or the proprietor, respectively;

37 (c) For a municipality, State, Federal, or other public 

38 agency: either a principal executive officer or ranking elected 

39 official. For the purposes of R307-415, a principal executive 

40 officer of a Federal agency includes the chief executive officer 

41 having responsibility for the overall operations of a principal 

42 geographic unit of the agency;

43 (d) For Title IV affected sources:

44 (i) The designated representative in so far as actions, 

45 standards, requirements, or prohibitions under Title IV of the 

46 Act, Acid Deposition Control, or the regulations promulgated 

47 thereunder are concerned;
R307-415-3 January 21, 2016 Page 6 of 6

1 (ii) The responsible official as defined above for any other 

2 purposes under R307-415.

3 "Stationary source" means any building, structure, facility, 

4 or installation that emits or may emit any regulated air pollutant 

5 or any hazardous air pollutant.

6 "Title IV Affected source" means a source that contains one 

7 or more affected units as defined in Section 402 of the Act and in 

8 40 CFR, Part 72.

9

10 KEY: air pollution, greenhouse gases, operating permit, emission 

11 fees

12 Date of Enactment or Last Substantive Amendment: 2015

13 Notice of Continuation: June 6, 2012

14 Authorizing, and Implemented or Interpreted Law: 19-2-109.1; 19-

15 2-104
ITEM 6 
State of Utah 

GARY R. HERBERT

Governor

SPENCER J. COX

Lieutenant Governor

Department of 

Environmental Quality

Alan Matheson

Executive Director

DIVISION OF AIR QUALITY

Bryce C. Bird

Director

DAQ-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 progress 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 comment 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 comments 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, Utah 

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

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

www.deq.utah.gov

Printed on 100% recycled paper
R307-110-28 January 21, 2016 Page 1 of 1

1 R307. Environmental Quality, Air Quality.

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

3 R307-110-28. Regional Haze.

4 The Utah State Implementation Plan, Section XX, Regional 

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

6 February 3, 2016, pursuant to Section 19-2-104, is hereby 

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

8

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

10 Date of Enactment or Last Substantive Amendment: 2016

11 Notice of Continuation: February 1, 2012

12 Authorizing, and Implemented or Interpreted Law: 19-2-104(3)(e)
ITEM 7 
State of Utah 

GARY R. HERBERT

Governor

SPENCER J. COX

Lieutenant Governor

Department of 

Environmental Quality

Alan Matheson

Executive Director

DIVISION OF AIR QUALITY

Bryce C. Bird

Director

DAQ-007-16

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 25, 2016

SUBJECT: PROPOSE FOR PUBLIC COMMENT: Amend R307-801. 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 director 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, Utah 

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

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

www.deq.utah.gov

Printed on 100% recycled paper
R307-801, 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 

increase 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 the 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, etc. 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 Ms. 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, as 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 Operation & 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 that their concerns have not been considered. UFOMA also believes 

that the impact of the changes pose a major impact to schools, businesses and industry in the state. 

They also stated their belief that some of the proposed wording is too vague and would lead 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 include 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 Page 1 of 35 

1 R307. Environmental Quality, Air Quality.

2 R307-801. Utah Asbestos Rule.

3 R307-801-1. Purpose and Authority.

4 This rule establishes procedures and requirements for 

5 asbestos abatement or renovation projects and training programs, 

6 procedures and requirements for the certification of persons and 

7 companies engaged in asbestos abatement or renovation projects, 

8 and work practice standards for performing such projects. This 

9 rule is promulgated under the authority of Utah Code Annotated 19-

10 2-104(1)(d), (3)(a)(iii), (3)(b)(iv)(A), (B), and (C), (3)( b)(v), 

11 (6)(a), and (6)(b). Penalties are authorized by Utah Code 

12 Annotated 19-2-115. Fees are authorized by Utah Code Annotated 19-

13 1-201(2)(i).

14

15 R307-801-2. Applicability and General Provisions.

16 (1) Applicability.

17 (a) The following persons are operators and are subject to 

18 the requirements of R307-801:

19 (i) Persons who contract for hire to conduct asbestos 

20 abatement, renovation, or demolition projects in regulated 

21 facilities;

22 (ii) Persons who conduct asbestos abatement, renovation, or 

23 demolition projects in areas where the general public has 

24 unrestrained access; 

25 (iii) Persons who conduct asbestos abatement, renovation, or 

26 demolition projects in school buildings subject to AHERA or who 

27 conduct asbestos inspections in facilities subject to TSCA Title 

28 II; or

29 (iv) Persons who perform regulated work activities or 

30 renovation projects in single or multifamily residential 

31 structures where they do not live or intend to live immediately 

32 after the regulated work activity or renovation project is 

33 complete.

34 (b) The following persons are subject to certification 

35 requirements:

36 (i) Persons required by TSCA Title II or R307-801 to be 

37 accredited as inspectors, management planners, project designers, 

38 renovators, asbestos abatement supervisors, or asbestos abatement 

39 workers;

40 (ii) Persons who work on asbestos abatement projects as 

41 asbestos abatement workers, asbestos abatement supervisors, 

42 inspectors, project designers, or management planners; 

43 (iii) Persons who perform regulated work activities or 
R307-801 January 21, 2015 Page 2 of 35 

1 renovation projects in single or multifamily residential 

2 structures where they do not live or intend to live immediately 

3 after the regulated work activity or project is complete; or

4 (iv) Companies that conduct asbestos abatement projects, 

5 renovation projects, inspections, create project designs, or 

6 prepare management plans in regulated facilities.

7 (c) Homeowners or condominium owners performing renovation 

8 or demolition activities in or on their own residential facilities 

9 where they live, that are otherwise not subject to the Asbestos 

10 NESHAP, are not subject to the requirements of this rule, however, 

11 a condominium complex of more than four units is subject to this 

12 rule and may also be subject to the Asbestos NESHAP regulation.

13 (d) Contractors for hire performing renovation or demolition 

14 activities are required to follow the inspection provisions of 

15 R307-801-9 and R307-801-10 and the notification provisions of 

16 R307-801-11 and R307-801-12.

17 (2) General Provisions.

18 (a) All persons who are required by R307-801 to obtain an 

19 approval, certification, determination, or notification from the 

20 director shall obtain it in writing.

21 (b) Persons wishing to deviate from the certification, 

22 notification, work practices, or other requirements of R307-801 

23 may do so only after requesting and obtaining the written approval 

24 of the director.

25

26 R307-801-3. Definitions.

27 The following definitions apply to R307-801:

28 "Adequately Wet" means to sufficiently mix or penetrate with 

29 liquid to prevent the release of particulates. If visible 

30 emissions are observed coming from asbestos-containing material, 

31 then that material is not adequately wet. However, the absence of 

32 visible emissions is not sufficient evidence of being adequately 

33 wet.

34 "Amended Water" means a mixture of water and a chemical 

35 wetting agent that provides control of asbestos fiber release.

36 "AHERA" means the federal Asbestos Hazard Emergency Response 

37 Act of 1986 and the Environmental Protection Agency implementing 

38 regulations, 40 CFR Part 763, Subpart E - Asbestos-Containing 

39 Materials in Schools.

40 "AHERA Facility" means any structure subject to the federal 

41 AHERA requirements.

42 "Asbestos" means the asbestiform varieties of serpentine 

43 (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite 
R307-801 January 21, 2015 Page 3 of 35 

1 (amosite), anthophyllite, actinolite-tremolite, and Libby 

2 amphibole.

3 "Asbestos Abatement Project" means any activity involving the 

4 removal, repair, demolition, salvage, disposal, cleanup, or other 

5 disturbance of regulated asbestos-containing material greater than 

6 the small scale short duration (SSSD) amount of asbestos7 containing material.

8 "Asbestos Abatement Supervisor" means a person who is 

9 certified according to R307-801-6 and is responsible for ensuring 

10 work is conducted in accordance with the regulations and best work 

11 practices for asbestos abatement or renovation projects.

12 "Asbestos Abatement Worker" means a person who is certified 

13 according to R307-801-6 and performs asbestos abatement or 

14 renovation projects.

15 "Asbestos-Containing Material (ACM)" means any material 

16 containing more than 1% asbestos by the method specified in 40 CFR 

17 Part 763, Subpart E, Appendix E, Section 1, Polarized Light 

18 Microscopy (PLM), or, if the asbestos content is greater than a 

19 trace amount of asbestos, but less than 10% asbestos, the asbestos 

20 concentration shall be determined by point counting using PLM or 

21 any other method acceptable to the director.

22 "Asbestos-Containing Waste Material (ACWM)" means any waste 

23 generated from regulated asbestos-containing material (RACM) that 

24 contains any amount of asbestos and is generated by a source 

25 subject to the provisions of R307-801. This term includes filters 

26 from control devices, friable asbestos-containing waste material, 

27 and bags or other similar packaging contaminated with asbestos. As 

28 applied to demolition and renovation projects, this term also 

29 includes regulated asbestos-containing material waste and 

30 materials contaminated with asbestos including disposable 

31 equipment and clothing.

32 "Asbestos Inspection" means any activity undertaken to 

33 identify the presence and location, or to assess the condition, of 

34 asbestos-containing material or suspected asbestos-containing 

35 material, by visual or physical examination, or by collecting 

36 samples of the material. This term includes re-inspections of the 

37 type described in AHERA, 40 CFR 763.85(b), of known or assumed 

38 asbestos-containing material which has been previously identified. 

39 The term does not include the following:

40 (a) Periodic surveillance of the type described in AHERA, 40

41 CFR 763.92(b), solely for the purpose of recording or reporting a 

42 change in the condition of known or assumed asbestos-containing 

43 material;
R307-801 January 21, 2015 Page 4 of 35 

1 (b) Inspections performed by employees or agents of federal, 

2 state, or local government solely for the purpose of regulatory 

3 oversight and/or determining compliance with applicable statutes 

4 or regulations; or

5 (c) Visual inspections of the type described in AHERA, 40 

6 CFR 763.90(i), solely for the purpose of determining completion of 

7 response actions.

8 "Asbestos Inspection Report" means a written report as 

9 specified in R307-801-10(6) describing an asbestos inspection 

10 performed by a certified asbestos inspector.

11 "Asbestos NESHAP" means the National Emission Standards for 

12 Hazardous Air Pollutants, 40 CFR Part 61, Subpart M, National 

13 Emission Standard for Asbestos.

14 "Asbestos Removal" means the stripping of friable ACM from 

15 regulated facility components or the removal of structural 

16 components that contain or are covered with friable ACM from a 

17 regulated facility.

18 "Category I Non-Friable Asbestos-Containing Material" means 

19 asbestos-containing packings, gaskets, resilient floor coverings, 

20 or asphalt roofing products containing more than 1% asbestos as 

21 determined by using the method specified in 40 CFR Part 763, 

22 Subpart E, Appendix E, Section 1, Polarized Light Microscopy 

23 (PLM).

24 "Category II Non-Friable Asbestos-Containing Material" means 

25 any material, excluding Category I non-friable ACM, containing 

26 more than 1% asbestos as determined by using the methods specified 

27 in 40 CFR Part 763, Subpart E, Appendix E, Section 1, Polarized 

28 Light Microscopy (PLM) that, when dry, cannot be crumbled, 

29 pulverized, or reduced to powder by hand pressure.

30 "Condominium" means a building or complex of buildings in 

31 which units of property are owned by individuals and common parts 

32 of the property, such as the grounds, common areas, and building 

33 structure, are owned jointly by the condominium unit owners.

34 "Containerized" means sealed in a leak-tight and durable 

35 container.

36 "Debris" means friable or regulated asbestos-containing 

37 material that has been dislodged and has fallen from its original 

38 substrate and position or which has fallen while remaining 

39 attached to substrate sections or fragments.

40 "Demolition Project" means the wrecking, salvage, or removal 

41 of any load-supporting structural member of a regulated facility 

42 together with any related handling operations, or the intentional 

43 burning of any regulated facility. This includes the moving of an 
R307-801 January 21, 2015 Page 5 of 35 

1 entire building, but excludes the moving of structures, vehicles, 

2 or equipment with permanently attached axles, such as trailers, 

3 motor homes, and mobile homes that are specifically designed to be 

4 moved.

5 "Director" means the Director of the Utah Division of Air 

6 Quality.

7 "Disturb" means to disrupt the matrix, crumble, pulverize, or 

8 generate visible debris from ACM or RACM.

9 "Emergency Abatement or Renovation Project" means any 

10 asbestos abatement or renovation project which was not planned and 

11 results from a sudden, unexpected event that, if not immediately

12 attended to, presents a safety or public health hazard, is 

13 necessary to protect equipment from damage, or is necessary to 

14 avoid imposing an unreasonable financial burden as determined by 

15 the director. This term includes operations necessitated by non16 routine failure of equipment, natural disasters, fire, or 

17 flooding, but does not include situations caused by the lack of 

18 planning.

19 "Encapsulant" means a permanent coating applied to the 

20 surface of friable ACM for the purpose of preventing the release 

21 of asbestos fibers. The encapsulant creates a membrane over the 

22 surface (bridging encapsulant) or penetrates the material and 

23 binds its components together (penetrating encapsulant).

24 "Friable Asbestos-Containing Material" means any asbestos25 containing material that, when dry, can be crumbled, pulverized, 

26 or reduced to powder by hand pressure.

27 "Glove bag" means an impervious plastic bag-like enclosure, 

28 not to exceed 60 x 60 inches, affixed around an asbestos29 containing material, with glove-like appendages through which 

30 material and tools may be handled.

31 "General Building Remodeling Activities" means the alteration 

32 in any way of one or more regulated structure components, 

33 excluding asbestos abatement, renovation, and demolition projects.

34 "Government Official" means an engineer, building official, 

35 or health officer employed by a governmental jurisdiction that has 

36 a responsibility for public safety or health in the jurisdiction 

37 where the structure is located.

38 "High-Efficiency Particulate Air (HEPA)" means a filtration 

39 system capable of trapping and retaining at least 99.97% of all 

40 mono-dispersed particles 0.3 micron in diameter.

41 "Inaccessible" means in a physically restricted or obstructed 

42 area, or covered in such a way that detection or removal is 

43 prevented or severely hampered.
R307-801 January 21, 2015 Page 6 of 35 

1 "Inspector" means a person who is certified according to 

2 R307-801-6, conducts asbestos inspections, or oversees the 

3 preparation of asbestos inspection reports.

4 "Libby Amphibole" means loose-fill vermiculite type 

5 insulation material originating in Libby, Montana, or elsewhere, 

6 used in regulated facilities subject to this rule and has greater 

7 than 1% asbestiform varieties of serpentine (chrysotile), 

8 riebeckite (crocidolite), cummingtonite-grunerite (amosite), 

9 anthophyllite, and actinolite-tremolite, as defined earlier in 

10 this section, and winchite, richterite, tremolite, magnesio11 riebikite, magnesio-arfvedsonite, and edenite using United States 

12 Environmental Protection Agency Method EPA/600/R93/116 or other 

13 method as approved by the director.

14 "Management Plan" means a document that meets the 

15 requirements of AHERA for management plans for asbestos in 

16 schools.

17 "Management Planner" means a person who is certified 

18 according to R307-801-6 and oversees the preparation of management 

19 plans for school buildings subject to AHERA.

20 "Model Accreditation Plan (MAP)" means 40 CFR Part 763, 

21 Subpart E, Appendix C, Asbestos Model Accreditation Plan.

22 "NESHAP Amount" means combined amounts in a project that 

23 total:

24 (a) 260 linear feet (80 linear meters) of pipe covered with 

25 RACM;

26 (b) 160 square feet (15 square meters) of RACM used to cover 

27 or coat any duct, boiler, tank, reactor, turbine, equipment, 

28 structural member, or regulated facility component; or

29 (c) 35 cubic feet (one cubic meter) of RACM removed from 

30 regulated facility structural members or components where the 

31 length and area could not be measured previously.

32 "NESHAP Facility" means any institutional, commercial, 

33 public, industrial, or residential structure, installation, or 

34 building, (including any structure, installation, or building 

35 containing condominiums or individual dwelling units operated as a 

36 residential co-operative, but excluding residential buildings 

37 having four or fewer dwelling units); any ship; and any active or 

38 inactive waste disposal site. For purposes of this definition, any 

39 building, structure, or installation that contains a loft used as 

40 a dwelling is not considered a residential structure, 

41 installation, or building. Any structure, installation, or 

42 building that was previously subject to the Asbestos NESHAP is not 

43 excluded, regardless of its current use or function.
R307-801 January 21, 2015 Page 7 of 35 

1 "NESHAP-Sized Project" means any project that involves at 

2 least the NESHAP amount of ACM.

3 "Non-Friable Asbestos-Containing Material" means any material 

4 containing more than 1% asbestos, as determined using the methods 

5 specified in 40 CFR Part 763, Subpart E, Appendix E, Section 1, 

6 Polarized Light Microscopy (PLM), that, when dry, cannot be 

7 crumbled, pulverized, or reduced to powder by hand pressure.

8 "Open Top Catch Bag" means either an asbestos waste bag or 

9 six mil polyethylene sheeting which is sealed at both ends and 

10 used by certified asbestos abatement workers, in a manner not to 

11 disturb the matrix of the asbestos-containing material, to collect 

12 preformed RACM pipe insulation in either a crawl space or pipe 

13 chase less than six feet high or less than three feet wide.

14 "Phased Project" means either an asbestos abatement, 

15 renovation, or demolition project that contains multiple start and 

16 stop dates corresponding to separate operations or areas where the 

17 entire asbestos abatement, renovation, or demolition project 

18 cannot or will not be performed continuously.

19 "Preformed RACM Pipe Insulation" means prefabricated 

20 asbestos-containing thermal system insulation on pipes formed in 

21 sections that can be removed without disturbing the matrix of the 

22 asbestos-containing material.

23 "Project Designer" means a person who is certified according 

24 to R307-801-6 and prepares a design for an asbestos abatement 

25 project in school buildings subject to AHERA or prepares an 

26 asbestos clean-up plan in a regulated facility where an asbestos 

27 disturbance greater than the SSSD amount has occurred.

28 "Regulated Asbestos-Containing Material (RACM)" means friable 

29 ACM, Category I non-friable ACM that has become friable, Category 

30 I non-friable ACM that will be or has been subjected to sanding, 

31 grinding, cutting, or abrading, or Category II non-friable ACM 

32 that has a high probability of becoming or has become crumbled, 

33 pulverized, or reduced to powder by the forces expected to act on 

34 the material in the course of demolition or renovation project 

35 operations.

36 "Regulated Facilities" means residential facilities, AHERA 

37 facilities, or NESHAP facilities where:

38 (a) A sample has been identified and analyzed to contain, or 

39 is assumed under R307-801-10(5) to contain, greater than 1% 

40 asbestos; and

41 (b) The material from where the sample was collected will be 

42 disturbed and rendered friable during the abatement, demolition, 

43 or renovation activities.
R307-801 January 21, 2015 Page 8 of 35 

1 "Regulated Facility Component" means any part of a regulated 

2 facility including equipment.

3 "Renovation Project" means any activity involving the 

4 removal, repair, salvage, disposal, cleanup, or other disturbance 

5 of greater than the SSSD amount of RACM, but less than the NESHAP 

6 amount of RACM, and the intent of the project is not asbestos 

7 abatement or demolition. Renovation Projects can be performed in 

8 NESHAP or residential facilities, but cannot be performed in AHERA 

9 facilities.

10 "Renovator" means a person who is certified according to 

11 R307-801-6 and is responsible for ensuring work that is conducted 

12 on a renovation project is performed in accordance with the 

13 regulatory requirements and best work practices for a greater than 

14 the SSSD amount of RACM, but less than the NESHAP amount of RACM, 

15 where the intent of the project is to perform a renovation project 

16 and not to perform an asbestos abatement or demolition project. 

17 Renovation projects can be performed in NESHAP or residential 

18 facilities but cannot be performed in AHERA facilities.

19 "Residential Facility" means a building used primarily for 

20 residential purposes, has four or fewer units, is otherwise not 

21 subject to the Asbestos NESHAP, and is not a residential 

22 outbuilding structure of less than 100 square feet.

23 "Small-Scale, Short-Duration (SSSD)" means a project that 

24 removes or disturbs less than three square feet or three linear 

25 feet of RACM in a regulated facility.

26 “Sprayed-on or Painted-on Ceiling Treatment” means a 

27 surfacing material or treatment that has been applied to the 

28 ceiling regardless of application method. The application of paint 

29 that has no added materials is not considered a ceiling treatment.

30 "Strip" means to take off ACM from any part of a regulated 

31 facility or a regulated facility component.

32 "Structural Member" means any load-supporting member of a 

33 regulated facility, such as beams and load-supporting walls or any 

34 non-load supporting member, such as ceilings and non-load 

35 supporting walls.

36 "Suspect or Suspected Asbestos-Containing Material" means all 

37 building materials that have the potential to contain asbestos, 

38 except building materials made entirely of glass, fiberglass, 

39 wood, metal, or rubber.

40 "Training Hour" means at least 50 minutes of actual learning, 

41 including, but not limited to, time devoted to lecture, learning 

42 activities, small group activities, demonstrations, evaluations, 

43 and hands-on experience.
R307-801 January 21, 2015 Page 9 of 35 

1 "TSCA" means the Toxic Substances Control Act.

2 "TSCA Accreditation" means successful completion of training 

3 as an inspector, management planner, project designer, contractor4 supervisor, or worker, as specified in the TSCA Title II.

5 "TSCA Title II" means 15 U.S.C. 2601 et seq., Toxic 

6 Substances Control Act, Subchapter II - Asbestos Hazard Emergency 

7 Response.

8 "Unrestrained Access" means without fences, closed doors, 

9 personnel, or any other method intended to restrict public entry.

10 "Waste Generator" means any owner or operator of an asbestos 

11 abatement or renovation project covered by R307-801 whose act or 

12 process produces ACWM.

13 "Working Day" means weekdays, Monday through Friday, 

14 including holidays.

15

16 R307-801-4. Adoption and Incorporation of 40 CFR 763 Subpart E.

17 (1) The provisions of 40 CFR 763 Subpart E, including 

18 appendices, effective as of the date referenced in R307-101-3, are 

19 hereby adopted and incorporated by reference.

20 (2) Implementation of the provisions of 40 CFR Part 763, 

21 Subpart E, except for the Model Accreditation Plan, shall be 

22 limited to those provisions for which the EPA has waived its 

23 requirements in accordance with 40 CFR 763.98, Waiver; delegation 

24 to State, as published at 52 FR 41826, (October 30, 1987).

25

26 R307-801-5. Company Certification.

27 (1) All persons shall operate under:

28 (a) An asbestos company certification before contracting for 

29 hire, at a regulated facility, to conduct asbestos inspections, 

30 create management plans, create project designs, or conduct 

31 asbestos abatement projects, or

32 (b) Either an asbestos renovation company certification or 

33 asbestos company certification before contracting for hire to 

34 conduct asbestos abatement or renovation projects at a regulated 

35 facility.

36 (2) To obtain an asbestos company certification or an 

37 asbestos

38 renovation company certification, all persons shall submit a 

39 properly completed application for certification on a form 

40 provided by the director and pay the appropriate fee.

41 (3) Unless revoked or suspended, an asbestos company 

42 certification or an asbestos renovation company certification 

43 shall remain in effect until the expiration date provided by the 
R307-801 January 21, 2015 Page 10 of 35 

1 director.

2

3 R307-801-6. Individual Certification.

4 (1) All persons shall have an individual certification to 

5 conduct asbestos inspections, create management plans, create 

6 project designs, conduct asbestos renovation projects, or conduct 

7 asbestos abatement projects at a regulated facility.

8 (2) To obtain certification as an asbestos abatement worker, 

9 asbestos abatement supervisor, inspector, project designer, 

10 renovator, or management planner, each person shall:

11 (a) Provide personal identifying information;

12 (b) Pay the appropriate fee;

13 (c) Complete the appropriate form or forms provided by the 

14 director;

15 (d) Provide certificates of initial and current refresher 

16 training, if applicable, that demonstrates accreditation in the 

17 appropriate discipline. Certificates from courses approved by the 

18 director, courses approved in a state that has an accreditation 

19 program that meets the TSCA Title II Appendix C Model 

20 Accreditation Plan (MAP), or courses that are approved by EPA 

21 under TSCA Title II are acceptable unless the director has 

22 determined that the course does not meet the requirements of TSCA 

23 accreditation training required by R307-801; and

24 (e) Complete a new initial training course as required by 

25 the AHERA MAP, or for the renovator certification, R307-801, if 

26 there is a period of more than one year from the previous initial 

27 or refresher training certificate expiration date.

28 (3) Duration and Renewal of Certification.

29 (a) Unless revoked or suspended, a certification shall 

30 remain in effect until the expiration date of the current 

31 certificate of TSCA accreditation for the specific discipline.

32 (b) To renew certification, the individual shall:

33 (i) Submit a properly completed application for renewal on a 

34 form provided by the director;

35 (ii) Submit a current certificate of TSCA accreditation, or 

36 for the renovator certification, a training certificate from a 

37 renovator course accredited by the director, for initial or 

38 refresher training in the appropriate discipline; and

39 (iii) Pay the appropriate fee.

40

41 R307-801-7. Denial and Cause for Suspension and Revocation of 

42 Company and Individual Certifications.

43 (1) An application for certification may be denied if the 
R307-801 January 21, 2015 Page 11 of 35 

1 individual, applicant company, or any principal officer of the 

2 applicant company has a documented history of non-compliance with 

3 the requirements, procedures, or standards established by R307-

4 801, R307-214-1, which incorporates the Asbestos NESHAP, AHERA, or 

5 with the requirements of any other entity regulating asbestos 

6 activities and training programs.

7 (2) The director may revoke or suspend any certification 

8 based upon documented violations of any requirement of R307-801, 

9 AHERA, or the Asbestos NESHAP, including but not limited to:

10 (a) Falsifying or knowingly omitting information in any 

11 written submittal required by those regulations;

12 (b) Permitting the duplication or use of a certificate of 

13 TSCA accreditation for the purpose of preparing a falsified 

14 written submittal; or

15 (c) Repeated work practice violations.

16

17 R307-801-8. Approval of Training Courses.

18 (1) To obtain approval of a training course, the course 

19 provider shall provide a written application to the director that 

20 includes:

21 (a) The name, address, telephone number, and institutional 

22 affiliation of the person sponsoring the course;

23 (b) The course curriculum;

24 (c) A letter that clearly indicates how the course meets the 

25 Model Accreditation Plan (MAP) and R307-801 requirements for 

26 length of training in hours, amount and type of hands-on training, 

27 examinations (including length, format, example of examination or 

28 questions, and passing scores), and topics covered in the course;

29 (d) A copy of all course materials, including student 

30 manuals, instructor notebooks, handouts, etc.;

31 (e) The names and qualifications of all course instructors, 

32 including all academic credentials and field experience in 

33 asbestos abatement projects, inspections, project designs, 

34 management planning, or renovation projects;

35 (f) An example of numbered certificates issued to students 

36 who attend the course and pass the examination. The certificate 

37 shall include a unique certificate number; the name of the 

38 student; the name of the course completed; the dates of the course 

39 and the examination; an expiration date one year from the date the 

40 student completed the course and examination, or for the purposes 

41 of the renovator course, a progressive lengthening of the 

42 refresher training schedule of one year after the initial 

43 training, three years after the first refresher training, and five 
R307-801 January 21, 2015 Page 12 of 35 

1 years after the second refresher training and all subsequent 

2 refresher training courses; the name, address, and telephone 

3 number of the training provider that issued the certificate; and a 

4 statement that the person receiving the certificate has completed 

5 the requisite training for TSCA or director accreditation;

6 (g) A written commitment from the training provider to teach 

7 the submitted training course(s) in Utah on a regular basis; and

8 (h) Payment of the appropriate fee.

9 (2) To maintain approval of a training course, the course 

10 provider shall:

11 (a) Provide training that meets the requirements of R307-801 

12 and the MAP;

13 (b) Provide the director with the names, government-issued 

14 picture identification card number, and certificate numbers of all 

15 persons successfully completing the course within 30 working days 

16 of successful completion;

17 (c) Keep the records specified for training providers in the 

18 MAP for three years;

19 (d) Permit the director or authorized representative to 

20 attend, evaluate, and monitor any training course without 

21 receiving advance notice from the director and without charge to 

22 the director; and

23 (e) Notify the director of any new course instructor ten 

24 working days prior to the day the new instructor presents or 

25 teaches any course for Renovator or TSCA Accreditation purposes. 

26 The training notification form shall include:

27 (i) The name and qualifications of each course instructor, 

28 including appropriate academic credentials and field experience in 

29 asbestos abatement projects, inspections, management plans, 

30 project designs, or renovations; and

31 (ii) A list of the course(s) or specific topics that will be 

32 taught by the instructor.

33 (f) Submit the initial or refresher course materials 

34 required by R307-801-8(1) to the director for course re35 accreditation in a time period not to exceed four years.

36 (3) All course providers that provide an AHERA or Renovator 

37 training course or refresher course in the state of Utah shall:

38 (a) Notify the director of the location, date, and time of 

39 the course at least ten working days before the first day of the 

40 course;

41 (b) Update the training notification form as soon as 

42 possible before, but no later than one day before the original 

43 course date if the course is rescheduled or canceled before the 
R307-801 January 21, 2015 Page 13 of 35 

1 course is held; and

2 (c) Allow the director or authorized representative to 

3 conduct an audit of any course provided to determine whether the 

4 course provider meets the requirements of the MAP and of R307-801.

5 (4) Renovator Certification Course. The renovator 

6 certification course shall be a minimum of eight training hours, 

7 with a minimum of two hours devoted to hands-on training 

8 activities, and shall include an examination of at least 25 

9 questions that the student shall pass with a 70% or greater 

10 proficiency rate. Instruction in the topics described in R307-801-

11 8(4)(c), (d), and (e) shall be included in the hands-on portion of 

12 the course. The minimum curriculum requirements for the renovator 

13 certification course shall adequately address the following 

14 topics:

15 (a) The physical characteristics of asbestos and asbestos16 containing materials, including identification of asbestos, 

17 aerodynamic characteristics, typical uses, physical appearance, a 

18 review of hazard assessment considerations, and a summary of 

19 renovation project control options;

20 (b) Potential health effects related to asbestos exposure, 

21 including the nature of asbestos-related diseases, routes of 

22 exposure, dose-response relationships and the lack of a safe 

23 exposure level, synergism between cigarette smoking and asbestos 

24 exposure, and latency period for diseases;

25 (c) Personal protective equipment, including selection of 

26 respirator and personal protective clothing, and handling of non27 disposable clothing;

28 (d) State-of-the-art work practices, including proper work 

29 practices for renovation projects, including descriptions of 

30 proper construction and maintenance of barriers and 

31 decontamination enclosure systems, positioning of warning signs, 

32 lock-out of electrical and ventilation systems, proper working 

33 techniques for minimizing fiber release, use of wet methods, use 

34 of negative pressure exhaust ventilation equipment, use of HEPA 

35 vacuums, and proper clean-up and disposal procedures and state-of36 the-art work practices for removal, encapsulation, enclosure, and 

37 repair of ACM, emergency procedures for unplanned releases, 

38 potential exposure situations, transport and disposal procedures, 

39 and recommended and prohibited work practices. New renovation 

40 project techniques and methodologies may be discussed;

41 (e) Personal hygiene, including entry and exit procedures 

42 for the work area, methods of decontamination, avoidance of 

43 eating, drinking, smoking, and chewing (gum or tobacco) in the 
R307-801 January 21, 2015 Page 14 of 35 

1 work area, and methods to limit exposures to family members;

2 (f) Medical monitoring, including OSHA requirements for 

3 physical examinations, including a pulmonary function test, chest 

4 x-rays, and a medical history for each employee;

5 (g) Relevant federal and state regulatory requirements, 

6 procedures, and standards, including:

7 (i) OSHA standards for permissible exposure to airborne 

8 concentrations of asbestos fibers and respiratory protection (29 

9 CFR 1910.134);

10 (ii) OSHA Asbestos Construction Standard (29 CFR 1926.1101); 

11 and

12 (iii) UAC R307-801 Utah Asbestos Rule.

13 (h) Recordkeeping and notification requirements for 

14 renovation projects including records and project notification 

15 forms required by state regulations and records recommended for 

16 legal and insurance purposes;

17 (i) Supervisory techniques for renovation projects, 

18 including supervisory practices to enforce and reinforce the 

19 required work practices and discourage unsafe work practices; and

20 (j) Course review, including a review of key aspects of the 

21 training course.

22 (5) Renovator Recertification Course. The renovator 

23 recertification course shall be a minimum of four hours, shall 

24 adequately address changes in the federal regulations, state 

25 administrative rules, state-of-the-art developments, appropriate 

26 work practices, employee personal protective equipment, 

27 recordkeeping, and notification requirements for renovation 

28 projects, and shall include a course review.

29

30 R307-801-9. Asbestos Abatement, Renovation, and Demolition 

31 Projects: Requirement to Inspect.

32 (1) Applicability. Contractors are required to have an 

33 asbestos inspection performed by a Utah certified asbestos 

34 inspector working for a Utah certified asbestos company. The 

35 asbestos inspection report shall be on-site and available when 

36 regulated work activities are being performed. Owners of 

37 residential structures including condominium owners of four units 

38 or less, not otherwise subject to the Asbestos NESHAP, are not 

39 required to perform asbestos inspections. Owners of a condominium 

40 complex of more than four units are subject to R307-801, may also 

41 be subject to the Asbestos NESHAP, but are required to perform 

42 asbestos inspections.

43 (2) Except as described in R307-801-9(1) and 9(3), the owner 
R307-801 January 21, 2015 Page 15 of 35 

1 and operator shall ensure that the regulated facility to be 

2 demolished, abated, or renovated is thoroughly inspected for 

3 asbestos-containing material by an inspector certified under the 

4 provisions of R307-801-6. An asbestos inspection report shall be 

5 generated according to the provisions of R307-801-10 and completed 

6 prior to the start of the asbestos abatement, renovation, or 

7 demolition project if materials required to be identified in R307-

8 801-10(3) will be disturbed during that project. The operator 

9 shall make the asbestos inspection report available on-site to all 

10 persons who have access to the site for the duration of the 

11 renovation, abatement, or demolition project, and to the director 

12 or authorized representative upon request.

13 (3) If the regulated facility has been ordered to be 

14 demolished because it is found by a government official to be 

15 structurally unsound and in danger of imminent collapse or a 

16 public health hazard, the operator may demolish the regulated 

17 facility without having the regulated facility inspected for 

18 asbestos. If no asbestos inspection is conducted, the operator 

19 shall:

20 (a) Ensure that all resulting demolition project debris is 

21 disposed of as asbestos-containing waste material (ACWM) according 

22 to R307-801-14

23 ; or

24 (b) reduce the amount of ACWM by segregating the ACWM from 

25 non-ACWM debris under the direction of an asbestos inspector 

26 certified according to R307-801-6 working for a company certified 

27 according to R307-801-5 and clean and encapsulate non-porous 

28 debris as non-ACWM by asbestos abatement supervisors or asbestos 

29 abatement workers who are certified according to R307-801-6 and 

30 working for a company certified according to R307-801-5.

31 (4) If an asbestos inspection report older than three years 

32 will be used for a regulated asbestos renovation, abatement, or 

33 demolition activity, the asbestos inspection report shall be 

34 reviewed and updated, as necessary, by an inspector who is 

35 certified according to R307-801-6 and working for a company 

36 certified according to R307-801-5. The report does not need to be 

37 reviewed until a time that it will be used for regulatory purposes 

38 such as an abatement, renovation, or demolition activity. If the 

39 inspection report is still accurate, then the inspector shall 

40 provide written documentation stating that the inspection report 

41 is still accurate. If the inspection report is not accurate, then 

42 the inspector shall provide written documentation, including new 

43 sample results, if necessary, such that the inspection report 
R307-801 January 21, 2015 Page 16 of 35 

1 meets all requirements of R307-801.

2

3 R307-801-10. Asbestos Abatement, Renovation, and Demolition 

4 Projects: Asbestos Inspection Procedures.

5 Asbestos inspectors shall use the following procedures when 

6 conducting an asbestos inspection of facilities to be abated, 

7 demolished, or renovated:

8 (1) Determine the scope of the abatement, demolition, or 

9 renovation project by identifying which parts and how the facility 

10 will be abated, demolished, or renovated (e.g. conventional 

11 demolition methods, fire training, etc.).

12 (2) Inspect the affected facility or part of the facility 

13 where the abatement, demolition, or renovation project will occur.

14 (3) Identify all accessible suspect asbestos-containing 

15 material (ACM) in the affected facility or part of the facility 

16 where the abatement, demolition, or renovation project will occur.

17 Residential facilities built on or after January 1, 1981, are only 

18 required to identify all accessible sprayed-on or painted-on 

19 ceiling treatment that contained or may contain asbestos fiber, 

20 asbestos cement siding or roofing materials, resilient flooring 

21 products including vinyl asbestos tile, sheet vinyl products, 

22 resilient flooring backing material, whether attached or 

23 unattached, and mastic, thermal-system insulation or tape on a 

24 duct or furnace, or vermiculite type insulation materials in the 

25 affected facility or part of the facility where the abatement, 

26 demolition, or renovation project will occur.

27 (4) Follow the sampling protocol in 40 CFR 763.86 (Asbestos28 Containing Materials in Schools) or a sampling method approved by 

29 the director to demonstrate that suspect ACM required to be 

30 identified by R307-801-10(3) does not contain asbestos.

31 (5) Asbestos samples are not required to be collected and 

32 analyzed if the certified inspector assumes that all unsampled 

33 suspect ACM required to be identified by R307-801-10(3) contains 

34 asbestos and is ACM; and

35 (6) Complete an asbestos inspection report containing all of 

36 the following information in a format approved by the director:

37 (a) A description of the affected area and a description of 

38 the scope of activities as described in R307-801-10(1);

39 (b) A list of all suspect ACM required to be identified by 

40 R307-801-10(3) in the affected area. Include a description of the 

41 suspect ACM sufficient to be able to identify the material. For 

42 each suspect material required to be identified by R307-801-10(3), 

43 provide the following information:
R307-801 January 21, 2015 Page 17 of 35 

1 (i) The amount of suspect ACM required to be identified by 

2 R307-801-10(3) in linear feet, square feet, or cubic feet;

3 (ii) A clear description of the distribution of the suspect 

4 ACM required to be identified by R307-801-10(3) in the affected 

5 area;

6 (iii) A statement of whether the material was assumed to 

7 contain asbestos, sampled and demonstrated to contain asbestos, or 

8 sampled and demonstrated to not contain asbestos; and

9 (iv) A written determination or table of whether the 

10 material is regulated asbestos-containing material (RACM), 

11 Category I non-friable ACM, Category II non-friable ACM that may 

12 or will become friable when subjected to the proposed abatement, 

13 renovation, or demolition project activities, or other suspect ACM 

14 that has either not been tested and assumed to contain asbestos, 

15 or has been tested by an accredited asbestos laboratory and found 

16 not to contain asbestos greater than 1%.

17 (c) A list of all asbestos bulk samples required to be 

18 identified from suspect ACM by R307-801-10(3) in the affected 

19 area, including the following information for each sample:

20 (i) Which suspect ACM required to be identified by R307-801-

21 10(3) the sample represents;

22 (ii) A clear description of each sample location;

23 (iii) The types of analyses performed on the sample;

24 (iv) The amounts of each type of asbestos in the sample as 

25 indicated by the analytical results.

26 (d) A list of potential locations of suspect ACM required to 

27 be identified by R307-801-10(3) that were not accessible to 

28 inspect and that may be part of the affected area; and

29 (e) A list of all the asbestos inspector names, company 

30 names, and certification numbers.

31 (7) Floor plans or architectural drawings and similar 

32 representations may be used to identify the location of suspect 

33 ACM or samples required to be identified by R307-801-10(3).

34 (8) Analysis of samples shall be performed by:

35 (a) Persons or laboratories accredited by a nationally 

36 recognized testing program such as the National Voluntary 

37 Laboratory Accreditation Program (NVLAP), or

38 (b) Persons or laboratories that have been rated overall 

39 proficient by demonstrating passing scores for at least two of the 

40 last three consecutive rounds out of the four annual rounds of the 

41 Bulk Asbestos Proficiency Analytical Testing program administered 

42 by the American Industrial Hygiene Association (AIHA) or an 

43 equivalent nationally-recognized interlaboratory comparison 
R307-801 January 21, 2015 Page 18 of 35 

1 program.

2

3

4 R307-801-11. Asbestos Abatement, Renovation, and Demolition 

5 Projects: Notification and Asbestos Removal Requirements.

6 (1) Demolition Projects.

7 (a) The operator shall submit a properly completed 

8 demolition notification form at least ten working days before the 

9 start of a demolition project along with payment of the 

10 appropriate fee. The operator cannot start the demolition project 

11 until all regulated asbestos-containing material (RACM) has been 

12 properly removed.

13 (b) If any regulated facility is to be demolished by 

14 intentional burning, the operator, in addition to the demolition 

15 notification form specified in R307-801-11(1)(a), shall ensure 

16 that all ACM, including Category I non-friable asbestos-containing 

17 material (ACM), Category II non-friable ACM, and RACM is removed 

18 from the regulated facility before burning.

19 (c) If the regulated facility has been ordered to be 

20 demolished by a government official because it is found to be 

21 structurally unsound and in danger of imminent collapse or a 

22 public health hazard, the operator shall submit a demolition 

23 project notification form, with a copy of the order signed by the 

24 appropriate government official, as soon as possible before, but 

25 no later than, the next working day after the demolition project 

26 begins.

27 (2) Asbestos Abatement and Renovation Projects.

28 (a) If the amount of RACM that would be disturbed or 

29 rendered inaccessible by the asbestos abatement or renovation 

30 project is the SSSD amount, then no additional requirements are 

31 necessary prior to general building remodeling activities.

32 (b) If the amount of RACM that would be disturbed or 

33 rendered inaccessible by the asbestos abatement or renovation 

34 project is greater than the SSSD amount, but less than the NESHAP 

35 amount, then the operator shall:

36 (i) Submit an asbestos abatement project notification form 

37 at least one working day before asbestos removal begins as 

38 described in R307-801-12, unless the removal was properly included 

39 in an annual asbestos notification form submitted pursuant to 

40 R307-801-11(2)(e);

41 (ii) Remove RACM according to asbestos work practices of 

42 R307-801-13, the certification requirements of R307-801-5 and 6, 

43 and the disposal requirements of R307-801-14 before performing 
R307-801 January 21, 2015 Page 19 of 35 

1 general building remodeling activities.

2 (c) If the amount of RACM that would be disturbed or 

3 rendered inaccessible by the asbestos abatement project is greater 

4 than or equal to the NESHAP amount, then the operator shall:

5 (i) Submit an asbestos abatement project notification form 

6 along with payment of the appropriate fee at least ten working 

7 days before asbestos removal begins as described in R307-801-12;

8 (ii) Remove RACM according to the asbestos work practices of 

9 R307-801-13, the certification requirements of R307-801-5 and 6, 

10 and the disposal requirements of R307-801-14 before performing 

11 general building remodeling activities.

12 (d) If the asbestos abatement or renovation project is an 

13 emergency asbestos abatement or renovation project, then the 

14 notification form shall be submitted as soon as possible before, 

15 but no later than, the next working day after the emergency 

16 asbestos abatement or renovation project begins.

17 (e) The operator shall submit an annual asbestos 

18 notification form along with payment of the appropriate fee 

19 according to the requirements of 40 CFR 61.145(a)(4)(iii) no later 

20 than ten working days before the first day of January of the year 

21 during which the work is to be performed in the following 

22 circumstances:

23 (i) The asbestos abatement projects are unplanned operation 

24 and maintenance activities;

25 (ii) The asbestos abatement projects are less than NESHAP26 sized; and

27 (iii) The total amount of asbestos to be disturbed in a 

28 single NESHAP facility during these asbestos abatement projects is 

29 expected to exceed the NESHAP amount in a calendar year.

30 (3) Owners and operators of general building remodeling 

31 activities are not required to submit an asbestos abatement 

32 project or renovation notification form to the director that do 

33 not disturb suspect asbestos containing materials, do not disturb 

34 building materials found to contain RACM by an inspector who is 

35 certified according to R307-801-6, or do not disturb materials 

36 that will become RACM as part of the general building remodeling 

37 activities.

38 (4) For notification purposes, asbestos abatement, 

39 renovation, or demolition projects shall be no longer than one 

40 year in duration.

41 (5) Revise the notification form, as necessary, when any 

42 information on the original notification or any subsequent 

43 notification forms changes.
R307-801 January 21, 2015 Page 20 of 35 

1

2 R307-801-12. Asbestos Abatement, Renovation, and Demolition 

3 Projects: Notification Procedures and Contents.

4 (1) All notification forms required by R307-801-11 shall be 

5 submitted in writing on the appropriate form provided by the 

6 director and shall be postmarked or received by the director in 

7 accordance with R307-801-11, or shall be submitted using the 

8 Division of Air Quality electronic notification system and 

9 received by the director in accordance with R307-801-11. The type 

10 of notification and whether the notification is original or 

11 revised shall be indicated.

12 (2) If the notification is an original demolition project 

13 notification form, an original asbestos abatement project 

14 notification form for a NESHAP-sized asbestos abatement project, 

15 or an original asbestos annual notification form, the written 

16 notice shall be sent with an original signature by U.S. Postal 

17 Service, commercial delivery service, or hand delivery, or with an 

18 electronic signature if submitted using the Division of Air 

19 Quality electronic notification system. If the U.S. Postal Service 

20 is used, the submission date is the postmark date. If other 

21 service or hand delivery is used, the submission date is the date 

22 that the document is received by the director. If the Division of 

23 Air Quality electronic notification system is used, the submission 

24 date is the date that the notification is received by the 

25 director.

26 (3) An original asbestos notification form for a less than 

27 NESHAP-sized asbestos abatement or renovation project or any 

28 revised notification may be submitted by any of the methods in 

29 R307-801-12(2), or by facsimile, by the date specified in R307-

30 801-11. The sender shall ensure that the fax is legible.

31 (4) All original notification forms shall contain the 

32 following information:

33 (a) The name, address, and telephone number of the owner of 

34 the regulated facility, the general contractor, the demolition 

35 contractor, and the asbestos renovation or abatement contractor, 

36 if applicable;

37 (b) Whether the operation is an asbestos abatement, 

38 demolition, or a renovation project;

39 (c) A description of the regulated facility that includes 

40 the total size of the structure or structures in square feet, 

41 including the square footage of all floors in a multilevel or 

42 multi-floor structure, the age, the future, present, and prior 

43 uses of the facility, including any additional regulated 
R307-801 January 21, 2015 Page 21 of 35 

1 structures affected by the project;

2 (d) The names and certification numbers of the inspectors

3 and companies;

4 (e) The procedures, including analytical methods, used to 

5 inspect for the presence of asbestos-containing material (ACM);

6 (f) The location and address, including building number or 

7 name and floor or room number, street address, city, county, 

8 state, and zip code of each regulated facility being demolished or 

9 renovated;

10 (g) A description of procedures for handling the discovery 

11 of unexpected ACM, Category I non-friable ACM, or Category II non12 friable ACM that has or will become friable or regulated;

13 (h) A description of planned asbestos abatement, demolition, 

14 or renovation project work, including the asbestos abatement, 

15 demolition, and renovation project techniques to be used and a 

16 description of the affected regulated facility components or 

17 structural members; and

18 (i) If the project has phases, then provide the date and 

19 times of each phase and the location and address of all regulated 

20 facilities to be abated, demolished, or renovated.

21 (5) In addition to the information in R307-801-12(4), an 

22 original demolition project notification form shall contain the 

23 following information:

24 (a) An estimate of the amount of Category I non-friable ACM 

25 and non-regulated ACM that will remain in the building during the 

26 demolition project;

27 (b) The start and stop dates of the demolition project; 

28 (c) The days that the demolition project will be conducted; 

29 and

30 (d) If the regulated facility will be demolished under an 

31 order of a government official, the name, title, government 

32 agency, and authority of the government official ordering the 

33 demolition project, the date the order was issued, and the date 

34 the demolition project was ordered to commence. A copy of the 

35 order shall be attached to the demolition project notification 

36 form.

37 (6) In addition to the information required in R307-801-

38 12(4) and (5), an original demolition project notification form 

39 for phased demolition projects shall include:

40 (a) The start and stop dates for the entire phased project; 

41 and

42 (b) The start and stop dates for each phase of the project.

43 (7) In addition to the information required in R307-801-
R307-801 January 21, 2015 Page 22 of 35 

1 12(4), (5), and (6), an original asbestos abatement project 

2 notification form shall include:

3 (a) An estimate of the amount of ACM to be stripped, 

4 including which units of measure were used;

5 (b) The start and stop dates for asbestos abatement project 

6 preparation;

7 (c) The times of day for every day that asbestos abatement 

8 project will be conducted;

9 (d) A description of work practices and engineering controls 

10 to be used to prevent emissions of asbestos at the demolition or 

11 asbestos abatement project work site;

12 (e) The name and location of the waste disposal site where 

13 the ACWM will be disposed, including the name and telephone number 

14 of the waste disposal site contact;

15 (f) The name, address, contact person, and telephone number 

16 of the waste transporters; and

17 (g) The name, contact person, and telephone number of the 

18 waste generator.

19 (8) If an emergency asbestos abatement or renovation project 

20 will be performed, then the notification form shall include the 

21 date and hour the emergency occurred, a description of the event 

22 and an explanation of how the event has caused unsafe conditions 

23 or would cause equipment damage or unreasonable financial burden.

24 (9) In addition to the information in R307-801-12(4) and 

25 (5), an original asbestos abatement project annual notification 

26 form shall contain the following information:

27 (a) An estimate of the approximate amount of ACM to be 

28 stripped, including which units of measure were used, if known;

29 (b) The start and stop dates of asbestos abatement project 

30 work covered by the annual notification, if known;

31 (c) A description of work practices and engineering controls 

32 to be used to prevent emissions of asbestos at the asbestos 

33 abatement project work site;

34 (d) The name and location of the waste disposal site where 

35 the asbestos-containing waste material (ACWM) will be disposed, 

36 including the name and telephone number of the waste disposal site 

37 contact;

38 (e) The name, address, contact person, and telephone number 

39 of the waste transporters; and

40 (f) The name, contact person, and telephone number of the 

41 waste generator.

42 (10) A revised notification form shall contain the following 

43 information:
R307-801 January 21, 2015 Page 23 of 35 

1 (a) The name, address, and telephone number of the owner of 

2 the regulated facility, and any demolition, renovation, or 

3 asbestos abatement project contractor or contractors working on 

4 the project;

5 (b) Whether the operation is an asbestos abatement, a 

6 demolition, or a renovation project;

7 (c) The date that the original notification form was 

8 submitted;

9 (d) The applicable original start and stop dates for the 

10 asbestos abatement, renovation, or demolition project;

11 (e) The revised start and stop dates and working hours, if 

12 applicable, for asbestos abatement, renovation, or demolition 

13 projects, for the entire project or for any phase of the project;

14 (f) The changes in the amount of asbestos to be removed 

15 during the project if the asbestos removal amount increases or 

16 decreases by more than 20%; 

17 (g) If the previously reported area of the building or 

18 buildings to be demolished was inaccurate and needs to be changed, 

19 then the demolition notification form shall be revised to include 

20 the building area change and any additional fee shall be paid to 

21 the Utah Division of Air Quality; and

22 (h) Any changes to the original or subsequently revised 

23 notification form or forms. Describe all changes made to the 

24 revised notification form in the comments section of that form.

25 (11) If the asbestos removal amount is increased in the 

26 revised notification form, then the appropriate fee shall be paid 

27 to the Utah Division of Air Quality.

28 (12) If any project phase or an entire NESHAP-sized asbestos 

29 abatement, renovation, or demolition project that requires a 

30 notification form under R307-801-12(4) will commence on a date or 

31 work times other than the date and work times submitted in the 

32 original or the most recently revised notification form, the 

33 director shall be notified of the new start date and work times by 

34 the following deadlines:

35 (a) If the new start date and work times are later than the 

36 original start date and work times, then notice by telephone, fax, 

37 or electronic means shall be given as soon as possible before the 

38 start date and a revised notification form shall be submitted in 

39 accordance with R307-801-12(10) as soon as possible before, but no 

40 later than, the original start date. If the written notification 

41 form is received by the director no later than the day before the 

42 original start date and work times, no notice by telephone is 

43 required.
R307-801 January 21, 2015 Page 24 of 35 

1 (b) If the new start date is earlier than the original start 

2 date, submit a written notice in accordance with R307-801-12(10) 

3 at least ten working days before beginning the project.

4 (c) In no event shall an asbestos abatement, renovation, or 

5 demolition project covered by R307-801-12 begin on a date other 

6 than the new start date submitted in the revised written notice.

7

8

9 R307-801-13. Asbestos Abatement and Renovation Project: Work 

10 Practices.

11 (1) An asbestos abatement supervisor who has been certified 

12 under R307-801-6 shall be on-site during asbestos abatement 

13 project setup, asbestos removal, stripping, cleaning and 

14 dismantling of the project, and other handling of uncontainerized 

15 regulated asbestos-containing material (RACM).

16 (2) All persons handling any amount of uncontainerized RACM 

17 during a regulated project shall be certified as an asbestos 

18 abatement worker or an asbestos abatement supervisor certified 

19 under R307-801-6.

20 (3) Persons performing an asbestos abatement or renovation 

21 project at a regulated facility shall follow the work practices in 

22 R307-801-13. Where the work practices in R307-801-13(3) and (4) 

23 are required, wrap and cut, open top catch bags, glove bags, and 

24 mini-enclosures may be used in combination with those work 

25 practices.

26 (a) Adequately wet regulated asbestos-containing material 

27 (RACM) with amended water before exposing or disturbing it, except 

28 when temperatures are continuously below freezing (32 degrees F.), 

29 and when all requirements in 40 CFR 61.145(c)(7) are met.

30 (b) Install barriers and post warning signs to prevent 

31 access to the work area. Warning signs shall conform to the 

32 specifications of 29 CFR 1926.1101(k)(7).

33 (c) Keep RACM adequately wet until it is containerized and 

34 disposed of in accordance with R307-801-14.

35 (d) Ensure that RACM that is stripped or removed is promptly 

36 containerized.

37 (e) Prevent visible particulate matter and uncontainerized 

38 asbestos-containing debris and waste originating in the work area 

39 from being released outside of the negative pressure enclosure or 

40 designated work area.

41 (f) Filter all waste water to five microns before 

42 discharging it to a sanitary sewer.

43 (g) Decontaminate the outside of all persons, equipment, and 
R307-801 January 21, 2015 Page 25 of 35 

1 waste bags so that no visible residue is observed before leaving 

2 the work area.

3 (h) Apply encapsulant to RACM that is exposed but not 

4 removed during stripping.

5 (i) Clean the work area, drop cloths, and other interior 

6 surfaces of the enclosure using a high-efficiency particulate air 

7 (HEPA) vacuum and wet cleaning techniques until there is no 

8 visible residue before dismantling barriers.

9 (j) After cleaning and before dismantling enclosure 

10 barriers, mist all surfaces inside of the enclosure with a 

11 penetrating encapsulant designed for that purpose.

12 (k) Handle and dispose of friable asbestos-containing 

13 material (ACM) and RACM according to the disposal provisions of 

14 R307-801-14.

15 (4) All operators of NESHAP-sized asbestos abatement 

16 projects shall install a negative pressure enclosure using the 

17 following work practices.

18 (a) All openings to the work area shall be covered with at 

19 least one layer of six mil or thicker polyethylene sheeting sealed 

20 with duct tape or an equivalent barrier to air flow.

21 (b) If RACM debris is present in the proposed work area 

22 prior to the start of a NESHAP-sized asbestos abatement project, 

23 the site shall be prepared by removing the debris using the work 

24 practice requirements of R307-801-13 and disposal requirements of 

25 R307-801-14. If the total amount of loose visible RACM debris 

26 throughout the entire work area is the SSSD amount, then site 

27 preparation may begin after the notification form has been 

28 submitted and before the end of the ten working day waiting 

29 period.

30 (c) A decontamination unit constructed to the specifications 

31 of R307-801-13(4)(h) shall be attached to the containment prior to 

32 disturbing RACM or commencing a NESHAP-sized asbestos abatement 

33 project, and all persons shall enter and leave the negative 

34 pressure enclosure or work area only through the decontamination 

35 unit except in a life threatening emergency situation.

36 (d) All persons subject to R307-801 shall shower before 

37 entering the clean-room of the decontamination unit when exiting 

38 the enclosure and shall follow all procedures required by 29 CFR 

39 1926.1101(j)(1)(ii).

40 (e) No materials may be removed from the enclosure or 

41 brought into the enclosure through any opening other than a waste 

42 load-out or a decontamination unit.

43 (f) The negative pressure enclosure of the work area shall 
R307-801 January 21, 2015 Page 26 of 35 

1 be constructed with the following specifications:

2 (i) Apply at least two layers of six mil or thicker 

3 polyethylene sheeting or its equivalent to the floor extending at 

4 least one foot up every wall and seal in place with duct tape or 

5 its equivalent;

6 (ii) Apply at least two layers of four mil or thicker 

7 polyethylene sheeting or its equivalent to the walls without 

8 locating seams in wall or floor corners;

9 (iii) Seal all seams with duct tape or its equivalent;

10 (iv) Maintain the integrity of all enclosure barriers; and

11 (v) Where a wall or floor will be removed as part of the 

12 NESHAP-sized asbestos abatement project, polyethylene sheeting 

13 need not be applied to that regulated facility component or 

14 structural member.

15 (g) View ports shall be installed in the enclosure or 

16 barriers where feasible, and view ports shall be:

17 (i) At least one foot square;

18 (ii) Made of clear material that is impermeable to the 

19 passage of air, such as an acrylic sheet;

20 (iii) Positioned so as to maximize the view of the inside of 

21 the enclosure from a position outside the enclosure; and

22 (iv) Accessible to a person outside of the enclosure.

23 (h) A decontamination unit shall be constructed according to 

24 the following specifications:

25 (i) The unit shall be attached to the enclosure or work 

26 area;

27 (ii) The decontamination unit shall consist of at least 

28 three chambers and meet all regulatory requirements of 29 CFR 

29 1926.1101(j)(1)(i);

30 (iii) The clean room, which is the chamber that opens to the 

31 outside, shall be no less than three feet wide by three feet long 

32 by six feet high, when feasible;

33 (iv) The shower room, which is the chamber between the clean 

34 and dirty rooms, shall have hot and cold or warm running water and 

35 be no less than three feet wide by three feet long by six feet 

36 high, when feasible;

37 (v) The dirty room, which is the chamber that opens to the 

38 negative pressure enclosure or the designated work area, shall be 

39 no less than three feet wide by three feet long by six feet high, 

40 when feasible;

41 (vi) The dirty room shall be provided with an accessible 

42 waste bag at any time that asbestos abatement project is being 

43 performed.
R307-801 January 21, 2015 Page 27 of 35 

1 (i) A separate waste load-out following the specifications 

2 below may be attached to the enclosure for removal of 

3 decontaminated waste containers and decontaminated or wrapped 

4 tools from the enclosure.

5 (i) The waste load-out shall consist of at least one chamber 

6 constructed of six mil or thicker polyethylene walls and six mil 

7 or thicker polyethylene flaps or the equivalent on the outside and 

8 inside entrances;

9 (ii) The waste load-out chamber shall be at least three feet 

10 long, three feet high, and three feet wide; and

11 (iii) The waste load-out supplies shall be sufficient to 

12 decontaminate bags, and shall include a water supply with a 

13 filtered drain, clean rags, disposable rags or wipes, and clean 

14 bags.

15 (j) Negative air pressure and flow shall be established and 

16 maintained within the enclosure by:

17 (i) Maintaining at least four air changes per hour in the 

18 enclosure;

19 (ii) Routing the exhaust from HEPA filtered ventilation 

20 units to the outside of the regulated facility whenever possible;

21 (iii) Maintaining a minimum of 0.02 column inches of water 

22 pressure differential relative to outside pressure; and

23 (iv) Maintaining a monitoring device to measure the negative 

24 pressure in the enclosure.

25 (5) In lieu of two layers of polyethylene on the walls and 

26 the floors as required by R307-801-13(4)(f)(i) and (ii), the 

27 following work practices and controls may be used only under the 

28 circumstances described below:

29 (a) When a pipe insulation removal asbestos abatement 

30 project is conducted the following may be used:

31 (i) Drop cloths extending a distance at least equivalent to 

32 the height of the RACM around all RACM to be removed, or extended 

33 to a wall and attached with duct tape or equivalent;

34 (ii) Either the glove bag or wrap and cut methods may be 

35 used; and

36 (iii) RACM shall be adequately wet before wrapping.

37 (b) When the RACM is scattered ACM and is found in small 

38 patches, such as isolated pipe fittings, the following procedures 

39 may be used:

40 (i) Glove bags, mini-enclosures as described in R307-801-

41 13(7)(c), or wrap and cut methods with drop cloths large enough to 

42 capture all RACM fragments that fall from the work area may be 

43 used.
R307-801 January 21, 2015 Page 28 of 35 

1 (ii) If all asbestos disturbance is limited to the inside of 

2 negative pressure glove bags or a mini-enclosure, then non-glove 

3 bag or non-mini-enclosure building openings need not be sealed and 

4 negative pressure need not be maintained in the space outside of 

5 the glove bags or mini-enclosure during the asbestos removal 

6 operation.

7 (iii) A remote decontamination unit may be used as described 

8 in R307-801-13(7)(d) only if an attached decontamination unit is 

9 not feasible.

10 (c) When a preformed RACM pipe insulation asbestos abatement 

11 project in a crawl space or pipe chase less than six feet high or 

12 less than three feet wide is conducted, the following may be used:

13 (i) Drop cloths extending a distance at least six feet 

14 around all preformed RACM pipe insulation to be removed or 

15 extended to a wall and attached with duct tape or equivalent; or

16 (ii) The open top catch bag method.

17 (6) During outdoor asbestos abatement projects, the work 

18 practices of R307-801-13 shall be followed with the following 

19 modifications:

20 (a) Negative pressure need not be maintained if there is not 

21 an enclosure;

22 (b) Six mil polyethylene drop cloth, or equivalent, large 

23 enough to capture all RACM fragments that fall from the work area 

24 shall be used; and

25 (c) A remote decontamination unit as described in R307-801-

26 13(7)(d) may be used.

27 (7) Special work practices.

28 (a) If the wrap and cut method is used:

29 (i) The regulated facility component shall be cut at least 

30 six inches from any RACM on that component;

31 (ii) If asbestos will be removed from the regulated facility 

32 component to accommodate cutting, the asbestos removal shall be 

33 performed using a single glove bag for each cut, and no RACM shall 

34 be disturbed outside of a glove bag;

35 (iii) The wrapping shall be leak-tight and shall consist of 

36 two layers of six mil polyethylene sheeting, each individually 

37 sealed with duct tape, and all RACM between the cuts shall be 

38 sealed inside wrap; and

39 (iv) The wrapping shall remain intact and leak-tight 

40 throughout the removal and disposal process.

41 (b) If the open top catch bag method is used:

42 (i) The material to be removed can only be performed RACM 

43 pipe insulation, and it shall be located in a crawl space or a 
R307-801 January 21, 2015 Page 29 of 35 

1 pipe chase less than six feet high or less than three feet wide;

2 (ii) Asbestos waste bags that are leak-tight and strong 

3 enough to hold contents securely shall be used;

4 (iii) The bag shall be placed underneath the stripping 

5 operation to minimize ACM falling onto the drop cloth;

6 (iv) All material stripped from the regulated facility 

7 component shall be placed in the bag;

8 (v) One asbestos abatement worker shall hold the bag and 

9 another asbestos abatement worker shall strip the ACM into the 

10 bag; and

11 (vi) A drop cloth extending a distance at least six feet 

12 around all preformed RACM pipe insulation to be removed, or 

13 extended to a wall and attached with duct tape or equivalent shall 

14 be used.

15 (c) If glove bags are used, they shall be under negative 

16 pressure, and the procedures required by 29 CFR 

17 1926.1101(g)(5)(iii) shall be followed.

18 (d) A remote decontamination unit may be used under the 

19 conditions set forth in R307-801-13(5)(b), (6), when there is an 

20 area insufficient to construct a connected decontamination unit, 

21 or when approved by the director. The remote decontamination unit 

22 shall meet all construction standards in R307-801-13(4)(h) and 

23 shall include:

24 (i) Outerwear shall be HEPA vacuumed or removed, and 

25 additional clean protective outerwear shall be put on;

26 (ii) Either polyethylene sheeting shall be placed on the 

27 path to the decontamination unit and the path shall be blocked or 

28 taped off to prevent public access, or asbestos abatement workers 

29 shall be conveyed to the remote decontamination unit in a vehicle 

30 that has been lined with two layers of six mil or thicker 

31 polyethylene sheeting or its equivalent; and

32 (iii) The polyethylene path or vehicle liner shall be 

33 removed at the end of the project, and disposed of as ACWM.

34 (e) Mini-enclosures, when used under approved conditions, 

35 shall conform to the requirements of 29 CFR 1926.1101(g)(5)(vi).

36 (8) For asbestos-containing mastic removal projects using 

37 mechanical means, such as a power buffer, to loosen or remove 

38 mastic from the floor, in lieu of two layers of polyethylene 

39 sheeting on the walls, splash guards of six mil or thicker 

40 polyethylene sheeting shall be placed from the floor level a 

41 minimum of three feet up the walls.

42 (9) Persons who improperly disturb more than the SSSD amount 

43 of asbestos-containing material and contaminate an area with 
R307-801 January 21, 2015 Page 30 of 35 

1 friable asbestos shall:

2 (a) Have the emergency clean-up portion of the project, 

3 including any portions not contained within a regulated facility 

4 or in common use areas that cannot be isolated, performed as soon 

5 as possible by a company or companies certified according to R307-

6 801-5, and, asbestos abatement supervisor(s), and asbestos 

7 abatement worker(s) certified according to R307-801-6.

8 (b) Have an asbestos clean-up plan designed by a Utah 

9 certified asbestos project designer for the non-emergency portion 

10 of the project and have the asbestos clean-up plan submitted to 

11 the director for approval. An asbestos clean-up plan is not 

12 required when the disturbance results from a natural disaster, 

13 fire, or flooding.

14 (c) Submit the project notification form required by R307-

15 801-11 and 12 to the director for acceptance no later than the 

16 next working day after the disturbance occurs or is discovered. 

17 For fee calculation purposes, the size of the emergency clean-up 

18 project is the area that has been contaminated or potentially 

19 contaminated by the disturbance and not the amount of asbestos20 containing material disturbed.

21 (d) Notify the director of project completion by telephone, 

22 fax, or electronic means by the day of completion and before 

23 leaving the site.

24 (10) For asbestos abatement, renovation, or demolition 

25 projects that remove or otherwise disturb loose-fill vermiculite 

26 type insulation materials assumed to be regulated asbestos27 containing material or found to contain greater than 1% regulated 

28 asbestiform fibers, then the material being removed is considered 

29 regulated asbestos-containing material and shall meet all the 

30 appropriate regulatory requirements of R307-801. 

31 (a) Regulated vermiculite shall be removed to the maximum 

32 extent possible, or by following a work practice that has been 

33 established by the director, or by an alternative work practice as 

34 approved by the director. [and the area where the regulated 

35 vermiculite was found shall be sprayed with a bridging or 

36 penetrating encapsulant to help minimize the amount of asbestiform 

37 fibers becoming airborne.]

38

39 R307-801-14. Disposal and Handling of Asbestos Waste.

40 (1) Owners and operators of regulated facilities shall 

41 containerize asbestos-containing waste material (ACWM) while 

42 adequately wet.

43 (2) ACWM containers shall be leak-tight and strong enough to 
R307-801 January 21, 2015 Page 31 of 35 

1 hold contents securely and be labeled with an OSHA warning label 

2 found in 29 CFR 1926.1101(k)(8).

3 (3) Containers shall be labeled with the waste generator's 

4 and contractor’s names, addresses, and telephone numbers before 

5 they are removed from the asbestos renovation or abatement work 

6 area.

7 (4) Containerized regulated asbestos-containing material 

8 (RACM) shall be disposed of at a landfill which complies with 40 

9 CFR 61.150.

10 (5) The waste shipment record shall include a list of items 

11 and the amount of ACWM being shipped. The waste generator 

12 originates and signs this document.

13 (6) Owners and operators of regulated facilities where an 

14 asbestos abatement or renovation project has been performed shall 

15 report in writing to the director if a copy of the waste shipment 

16 record, signed by the owner or operator of the designated waste 

17 disposal site, is not received by the waste generator within 45 

18 working days from the date the waste was accepted by the initial 

19 transporter. Include in the report the following information:

20 (a) A copy of the waste shipment record for which a 

21 confirmation of delivery was not received; and

22 (b) A cover letter signed by the waste generator explaining 

23 the efforts taken to locate the asbestos waste shipment and the 

24 results of those efforts.

25

26 R307-801-15. Records.

27 (1) Certified asbestos abatement or renovation companies 

28 shall maintain records of all asbestos abatement or renovation 

29 projects that they perform at regulated facilities and shall make 

30 these records available to the director or authorized 

31 representative upon request. The records shall be retained for at 

32 least five years. Maintained records shall include the following:

33 (a) Names and certification numbers of the asbestos 

34 abatement workers, asbestos abatement supervisors, or renovators 

35 who performed the asbestos abatement or renovation project;

36 (b) Location and description of the asbestos abatement or 

37 renovation project and amount of friable asbestos-containing 

38 material (ACM) removed;

39 (c) Start and stop dates of the asbestos abatement or 

40 renovation project;

41 (d) Summary of the procedures used to comply with applicable 

42 requirements including copies of all notification forms;

43 (e) Waste shipment records maintained in accordance with 40 
R307-801 January 21, 2015 Page 32 of 35 

1 CFR Part 61, Subpart M; and

2 (f) Asbestos inspection reports associated with the asbestos 

3 abatement or renovation project.

4 (2) All persons subject to the inspection requirements of 

5 R307-801-9 shall maintain copies of asbestos inspection reports 

6 for at least one year after asbestos abatement, renovation, or 

7 demolition projects have ceased, and shall make these reports 

8 available to the director or authorized representative upon 

9 request.

10

11 R307-801-16. Certified Renovator Work Practices.

12 (1) Certified renovators are responsible for ensuring 

13 compliance with R307-801 at all renovation projects at regulated 

14 facilities to which they are assigned.

15 (2) Certified renovators working at regulated facilities 

16 shall:

17 (a) Perform all of the tasks described in R307-801-13(3) and 

18 shall either perform or direct workers who perform all tasks 

19 described in R307-801-13(3);

20 (b) Provide training to workers on the work practices 

21 required by R307-801-13(3) that will be used when performing 

22 renovation projects;

23 (c) Be physically present at the work site when all work 

24 activities required by R307-801-13(3)(b) are posted, while the 

25 work area containment required by R307-801-13(3)(b) is being 

26 established, and while the work area cleaning required by R307-

27 801-13(3)(i) is performed;

28 (d) Be on-site and direct work being performed by other 

29 individuals to ensure that the work practices required by R307-

30 801-13(3) are being followed, including maintaining the integrity 

31 of the containment barriers and ensuring that dust or debris does 

32 not spread beyond the work area;

33 (e) Have with them at the work site their current Utah 

34 Renovator certification card; and

35 (f) Prepare the records required by R307-801-15.

36

37 R307-801-17. Asbestos Information Distribution Requirements.

38 (1) Utah Abatement/Renovation pamphlet. Utah asbestos 

39 abatement and renovation companies shall provide owners and 

40 occupants of single and multi-family residential structures with 

41 the Utah Abatement/Renovation Pamphlet "Asbestos Hazards During 

42 Abatement and Renovation Activities" when those structures will be 

43 re-occupied after the regulated activities are completed.
R307-801 January 21, 2015 Page 33 of 35 

1 (2) No more than 60 days before beginning an abatement or 

2 renovation project in a regulated facility, the company performing 

3 the abatement or renovation project shall:

4 (a) Provide the owner of the regulated facility with the 

5 pamphlet, and comply with one of the following:

6 (i) Obtain, from the owner, a written acknowledgment that 

7 the owner has received the pamphlet; or

8 (ii) Obtain a certificate of mailing at least seven working 

9 days prior to the abatement or renovation project; and

10 (b) If the owner does not occupy the regulated facility, 

11 provide an adult occupant of the regulated facility with the 

12 pamphlet, and comply with one of the following:

13 (i) Obtain, from the adult occupant, a written 

14 acknowledgment that the occupant has received the pamphlet, or 

15 certify in writing that a pamphlet has been delivered to the 

16 regulated facility and that the company performing the abatement 

17 or renovation project has been unsuccessful in obtaining a written 

18 acknowledgment from an adult occupant. Such certification shall 

19 include the address of the unit undergoing abatement or renovation 

20 activities, the date and method of delivery of the pamphlet, names 

21 of the persons delivering the pamphlet, reason for lack of 

22 acknowledgment (e.g., occupant refuses to sign, no adult occupant 

23 available), the signature of a representative of the company 

24 performing the abatement or renovation project, and the date of 

25 signature; or

26 (ii) Obtain a certificate of mailing at least seven working 

27 days prior to the abatement or renovation project.

28 (3) Abatement or renovation projects in common areas. No 

29 more than 60 working days before beginning abatement or renovation 

30 projects in common areas of a regulated facility, the company 

31 performing the abatement or renovation project shall:

32 (a) Provide the owner with the pamphlet and comply with one 

33 of the following:

34 (i) Obtain, from the owner, a written acknowledgment that 

35 the owner has received the pamphlet; or

36 (ii) Obtain a certificate of mailing at least seven working 

37 days prior to the abatement or renovation project;

38 (b) Comply with one of the following:

39 (i) Notify in writing, or ensure written notification of, 

40 each regulated facility and make the pamphlet available upon 

41 request prior to the start of abatement or renovation project. 

42 Such notification shall be accomplished by distributing written 

43 notice to each affected unit in the regulated facility. The notice 
R307-801 January 21, 2015 Page 34 of 35 

1 shall describe the general nature and locations of the planned 

2 abatement or renovation project, the expected starting and ending 

3 dates, how the occupant can obtain the pamphlet and a copy of the 

4 required records at no cost to the occupants; or

5 (ii) Post informational signs describing the general nature 

6 and locations of the abatement or renovation project and the 

7 anticipated completion date while the abatement or renovation 

8 project is ongoing. These signs shall be posted in areas where 

9 they are likely to be seen by the occupants of all of the affected 

10 units in the regulated facility. The signs shall be accompanied by 

11 a posted copy of the pamphlet or information about how interested 

12 occupants can review a copy of the pamphlet or obtain a copy from 

13 the abatement or renovation company at no cost to occupants. The 

14 signs shall also include information about how interested 

15 occupants can review a copy of the required records from the 

16 abatement or renovation company at no cost to the occupants;

17 (c) Prepare, sign, and date a statement describing the steps 

18 performed to notify all occupants of the regulated facility of the 

19 intended abatement or renovation project and to provide the 

20 pamphlet; and

21 (d) If the scope, locations, or expected starting and ending 

22 dates of the planned abatement or renovation project change after 

23 the initial notification, and the company provided written initial 

24 notification to each affected unit, the company performing the 

25 abatement or renovation project shall provide further written 

26 notification to the owners and occupants of the regulated facility 

27 of the revised information for the ongoing or planned activities. 

28 This subsequent notification shall be provided before the company 

29 performing the abatement or renovation project initiates work 

30 beyond that which was described in the original notice.

31 (4) Written acknowledgment. The written acknowledgments 

32 required by paragraphs R307-801-17(2)(a)(i), (2)(b)(i), and 

33 (3)(a)(i) shall:

34 (a) Include a statement recording the owner or occupant's 

35 name and acknowledging receipt of the pamphlet prior to the start 

36 of abatement or renovation project, or no later than the day after 

37 the start of an emergency abatement or renovation project, the 

38 address of the regulated facility undergoing an abatement or 

39 renovation project, the signature of the owner or occupant as 

40 applicable, and the date of signature;

41 (b) Be either a separate sheet or part of any written 

42 contract or service agreement for the abatement or renovation 

43 project; and
R307-801 January 21, 2015 Page 35 of 35 

1 (c) Be written in the same language as the text of the 

2 contract or agreement for the abatement or renovation project or, 

3 in the case of a non-owner occupied regulated facility, in the 

4 same language as the lease or rental agreement or the pamphlet.

5

6 KEY: air pollution, asbestos, asbestos hazard emergency response, 

7 schools

8 Date of Enactment or Last Substantive Amendment: 2015

9 Notice of Continuation: February 6, 2013

10 Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(d); 

11 19-2-104(3)(r) through (t); 40 CFR Part 61, Subpart M; 40 CFR Part 

12 763, Subpart E
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 unless excluded because 

of space constraints.

• The full text of all rule filings may also be inspected at the Division of Administrative 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 during 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

http://erules.rules.utah.gov/erules/secure/ruleFilingEdit.action?ruleId=157185 1/21/2016
The purpose of the change is to make Subsection 13(10)(a) of the Rule less ambiguous for the 

regulated community. 

Response Information

5. This change is a response to comments by the Administrative Rules Review Committee.

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 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 meant to be when 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 rule. 

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 meant 

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. It 

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 entities: 

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 standard 

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

http://erules.rules.utah.gov/erules/secure/ruleFilingEdit.action?ruleId=157185 1/21/2016
There are no compliance costs resulting from the change in proposed rule. The new standard 

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 businesses: 

There is no fiscal impact on businesses resulting from the change in proposed rule. The new 

standard 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. 

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 interprets the 

following state and federal laws.

State code or constitution citations (required) (e.g., Section 63G-3-402; Subsection 63G-3-601

(3); Article IV) : 

19-2-104

Incorporated Materials

11. This rule adds, updates, or removes the following title of materials incorporated 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 from an 

association having not fewer than ten members. Additionally, the request must be received by 

the agency not more than 15 days after the publication of this rule in the Utah State Bulletin. 

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

http://erules.rules.utah.gov/erules/secure/ruleFilingEdit.action?ruleId=157185 1/21/2016
Proposed 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 Administrative 

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

http://erules.rules.utah.gov/erules/secure/ruleFilingEdit.action?ruleId=157185 1/21/2016
ITEM 8 
State of Utah 

GARY R. HERBERT

Governor

SPENCER J. COX

Lieutenant Governor

Department of 

Environmental Quality

Alan Matheson

Executive Director

DIVISION OF AIR QUALITY

Bryce C. Bird

Director

DAQ-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 21, 2016

SUBJECT: PROPOSE FOR PUBLIC COMMENT: Amend R307-841-8. Renovator Certification and 

Dust Sampling Technician Certification. 

______________________________________________________________________________________ 

On April 16, 2015, the EPA proposed a rule that extended the certification of certain renovators 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 allow 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, state, 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, Utah 

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

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

www.deq.utah.gov

Printed on 100% recycled paper
R307-841-8 January 21 2016 Page 1 of 2

1 R307. Environmental Quality, Air Quality.

2 R307-841. Residential Property and Child-Occupied Facility 

3 Renovation.

4

5 R307-841-8. Renovator Certification and Dust Sampling Technician 

6 Certification.

7 (1) Renovator certification and dust sampling technician 

8 certification.

9 (a) To become a certified renovator or certified dust 

10 sampling technician, an individual must successfully complete an 

11 initial lead-based paint renovator or dust-sampling technician 

12 course accredited by the director under R307-842-1, the EPA under 

13 40 CFR 745.225, or a state or tribal program that has been 

14 authorized by EPA pursuant to subpart Q of 40 CFR 745.

15 (b) Individuals who have successfully completed an 

16 accredited abatement worker or supervisor course, or individuals 

17 who have successfully completed a director, EPA, HUD, or EPA/HUD 

18 model renovation training course before October 4, 2011, but no 

19 later than the training course expiration date found on that 

20 training certificate, may take an accredited refresher renovator 

21 training course in lieu of the initial renovator training course 

22 to become a certified renovator.

23 (c) Individuals who have successfully completed an 

24 accredited lead-based paint inspector or risk assessor course 

25 before October 4, 2011, but no later than the training course 

26 expiration date found on that training certificate, may take an 

27 accredited refresher dust sampling technician course in lieu of 

28 the initial training to become a certified dust sampling 

29 technician. Individuals who are currently certified as lead-based 

30 paint inspectors or risk assessors may act as certified dust 

31 sampling technicians without further training.

32 (d) To maintain renovator certification or dust sampling 

33 technician certification, an individual must complete a renovator 

34 or dust sampling technician refresher course accredited by the 

35 director under R307-842-1, the EPA under 40 CFR 745.225, or by a 

36 state or tribal program that is authorized under subpart Q of 40 

37 CFR 745 within 5 years of the date the individual completed the 

38 initial course described in paragraph (1)(a) of this section. If 

39 the individual does not complete a refresher course within this 

40 time, the individual must re-take the initial course to become 

41 certified again. Individuals who complete a renovator course 

42 accredited by the director under R307-842-1, the EPA or an EPA 

43 authorized program on or before March 31, 2010, must complete a 

44 renovator refresher course accredited by the director under R307-

45 842-1, the EPA or an EPA authorized program on or before March 31, 

46 2016, to maintain renovator certification. Individuals who 

47 completed a renovator course accredited by the director under 

48 R307-842-1, the EPA or an EPA authorized program between April 1, 
R307-841-8 January 21 2016 Page 2 of 2

1 2010 and March 31, 2011, will have one year added to their 

2 original 5-year certification.

3 (2) Renovator responsibilities. Certified renovators are 

4 responsible for ensuring compliance with R307-841-5 at all 

5 renovations to which they are assigned. A certified renovator:

6 (a) Must perform all of the tasks described in R307-841-5(2) 

7 and must either perform or direct workers who perform all of the 

8 tasks described in R307-841-5(1);

9 (b) Must provide training to workers on the work practices 

10 required by R307-841-5(1) that they will be using in performing 

11 their assigned tasks;

12 (c) Must be physically present at the work site when the 

13 signs required by R307-841-5(1)(a) are posted, while the work area 

14 containment required by R307-841-5(1)(b) is being established, and 

15 while the work area cleaning required by R307-841-5(1)(e) is 

16 performed;

17 (d) Must regularly direct work being performed by other 

18 individuals to ensure that the work practices required by R307-

19 841-5(1) are being followed, including maintaining the integrity 

20 of the containment barriers and ensuring that dust or debris does 

21 not spread beyond the work area;

22 (e) Must be available, either on-site or by telephone, at 

23 all times that renovations are being conducted;

24 (f) When requested by the party contracting for renovation 

25 services, must use an acceptable test kit to determine whether 

26 components to be affected by the renovation contain lead-based 

27 paint;

28 (g) Must have with them at the work site their current Utah 

29 Lead-Based Paint Renovator certification card; and

30 (h) Must prepare the records required by R307-841-

31 6(2)(a)(ii), (iii), and (f).

32 (3) Dust sampling technician responsibilities. When 

33 performing optional dust clearance sampling under R307-841-5(3), a 

34 certified dust sampling technician:

35 (a) Must collect dust samples in accordance with R307-842-

36 3(5)(h), must send the collected samples to a laboratory 

37 recognized by EPA under TSCA Section 405(b), and must compare the 

38 results to the clearance levels in accordance with R307-842-

39 3(5)(h); and

40 (b) Must have with them at the work site their current Utah 

41 Lead-Based Paint Dust Sampling Technician certification card.

42

43 KEY: paint, lead-based paint, lead-based paint renovation

44 Date of Enactment or Last Substantive Amendment: [May 3, 2012] 

45 2016

46 Notice of Continuation: February 5, 2015

47 Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(i)
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 Telephone Calls Answered 311

Asbestos Individuals Certifications Approved/Disapproved 72/0

Asbestos Company Certifications/Re-Certifications 14/0

Asbestos Alternate Work Practices Approved/Disapproved 12/0

Lead-Based Paint (LBP) Inspections 2

LBP Notifications Approved 1

LBP Telephone 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, 4th Floor • Salt Lake City, Utah 

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

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

www.deq.utah.gov

Printed on 100% recycled paper
DAQA

-1190-15

Page 2

Notices of Violation Issued0

Compliance Advisories Issued8

Warning Letters Issued8

Settlement Agreements Finalized0

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 Telephone Calls Answered 280

Asbestos Individuals Certifications Approved/Disapproved 94/0

Asbestos Company Certifications/Re-Certifications 3/20

Asbestos Alternate Work Practices Approved/Disapproved 10/0

Lead-Based Paint (LBP) Inspections 1

LBP Notifications Approved 1

LBP Telephone 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, Utah 

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

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

www.deq.utah.gov

Printed on 100% recycled paper
DAQA

-005-16

Page 2

Notices of Violation Issued0

Compliance Advisories Issued3

Warning Letters Issued4

Settlement Agreements Finalized0

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 Stack Test Audits Conducted: ............................................................. 9

Stack Test Report Reviews:............................................................................ 49

On-Site CEM Audits Conducted: ..................................................................... 2

Emission Reports Reviewed: ............................................................................ 9

Temporary Relocation Requests Reviewed & Approved:................................ 5

Fugitive Dust Control Plans Reviewed & Accepted:...................................... 79

Open Burn Permits Issued ................................................................................ 0

Soil Remediation Report Reviews:................................................................... 1

1

Miscellaneous Inspections Conducted:.......................................................... 12

Complaints Received:..................................................................................... 23

195 North 1950 West • Salt Lake City, Utah 

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

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

www.deq.utah.gov

Printed on 100% recycled paper
DAQC-1598-15

Page 2

Breakdown Reports Received:.......................................................................... 1

Compliance Actions Resulting 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, Utah 

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

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

www.deq.utah.gov

Printed on 100% recycled paper
DAQC-026-16

Page 2

Compliance Actions Resulting From a Breakdown.......................................... 0

Warning 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 include, e.g., surveillance, level I inspections, VOC inspections, complaints, 

on-site training, dust patrol, smoke patrol, open burning, etc.
Utah Division of Air Quality

0.05.0

10.015.020.025.030.035.040.0

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 

PM2.5 (ug/m3)

Days

Utah 24-Hr PM2.5 Data November 2015

Bountiful Brigham City HawthorneHurricane Lindon Logan #4Magna North Provo Ogden #2Rose Park Smithfield Spanish Fork24-hr Exceedence Value is 35 ug/m3

Exceedence Value is 35 
Utah Division of Air Quality

0.05.0

10.015.020.025.030.035.040.0

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 

PM2.5 (ug/m3)

Days

Utah 24-Hr PM2.5 Data December 2015

Bountiful Brigham City Hawthorne HuLindon Logan #4 Magna NoOgden #2 Rose Park Smithfield Spa24-hr Exceedence Value is 35 ug/m3

Exceedence Value is 35 ug/m3
Utah Division of Air Quality

0.05.0

10.015.020.025.030.035.040.0

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 

PM2.5 (ug/m3)

Days

Utah 24-Hr PM2.5 Data January 2016

Bountiful Brigham City Hawthorne HuLindon Logan #4 Magna NoOgden #2 Rose Park Smithfield Spa24-hr Exceedence Value is 35 ug/m3

Exceedence Value is 35 ug/m3
Utah Division of Air Quality

0

20406080

100120140160

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

PM10 (ug/m3)

Days

Utah 24-hr PM10 Data November 2015

Bountiful Hawthorne Herriman #3Hurricane Lindon LoganMagna North Provo OgdenSmithfield 24-hr Exceedance Value is 150 ug/m3

Exceedance Value is 150 ug/m3
Utah Division of Air Quality

0

20406080

100120140160

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 

PM10 (ug/m3)

Days

Utah 24-hr PM10 Data December 2015

Bountiful Hawthorne Herriman #3Hurricane Lindon Logan #4Magna North Provo OgdenSmithfield 24-hr Exceedance Value is 150 ug/m3

Exceedance Value is 150 ug/m3
Utah Division of Air Quality

0

20406080

100120140160

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 

PM10 (ug/m3)

Days

Utah 24-hr PM10 Data January 2016

Bountiful Hawthorne Herriman #3Hurricane Lindon MagnaNorth Provo Ogden Smithfield24-hr Exceedance Value is 150 ug/m3

Exceedance Value is 150 ug/m3
20.8 22.0

17.6

6.1

5.7

6.5

9.7

15.0

16.4

4.1

6.3

9.3 10.3

12.4

14.8

7.8

3.1

8.7

10.6

8.7

6.4 6.5

7.5

11.9

11.9

0.3

‐0.5

‐2.3 ‐

0

0.0000.0100.0200.0300.0400.0500.0600.0700.080

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Ozone (ppm)

Days

Highest 8-hr Ozone Concentration & Daily Maximum Temperature Novembe

Brigham City Bountiful Copperview Erda Herriman Harrisville Hawthorne Ogden #2 Exceed. TM
18.5

18.8

16.7

7.5

7.2

10.1

8.4

10.1

12.3

9.7

8.3

5.8 6.4

7.7

7.1

2.4

7.8

10.1

12.4 10.7

4.9

6.6

6.4 6.0

10.3

‐0.1

‐4.4

‐2

0.0000.0100.0200.0300.0400.0500.0600.0700.080

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2

Ozone (ppm)

Days

Highest 8-hr Ozone Concentration & Daily Maximum Temperature November 20

Price #2 Roosevelt Vernal Exceed. TM
17.3

11.5

11.9

5.3 4.7

6.6 7.4

11.1 13.0

3.9

5.0 7.3

8.8

10.4

13.1

8.4

0.5

6.6

7.9 9.3

3.4

5.6 5.5

5.3

6.6

‐0.9

‐1.9

‐5.8

‐6.8

0.0000.0100.0200.0300.0400.0500.0600.0700.080

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 

Ozone (ppm)

Days

Highest 8-hr Ozone Concentration & Daily Maximum Temperature November 20

Logan #4 Smithfield Exceed. TM
21.4

23.0

16.8

8.0

5.3

6.2

11.3

16.2 16.7

3.2

7.3

8.7

9.7

15.4

14.2

4.0

1.9

9.0

11.1

7.9

5.9

8.2 10.4

12.8

12.6

3.0

1.0

0.3

‐1.2

0.0000.0100.0200.0300.0400.0500.0600.0700.080

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Ozone (ppm)

Days

Highest 8-hr Ozone Concentration & Daily Maximum Temperature November 20

North Provo Spanish Fork Exceed. TM
23.8

25.8

19.9

9.0

10.6

14.7

16.9

18.7

19.0

12.2

11.8

14.2

16.4

18.3

15.7

7.0

10.1

12.6

14.6

17.6

15.2

14.6

14.7

18.3

13.9

9.0

5.3

5.6

4.8

0.0000.0100.0200.0300.0400.0500.0600.0700.080

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 

Ozone (ppm)

Days

Highest 8-hr Ozone Concentration & Daily Maximum Temperature November 20

Hurricane Exceed. TM
2.4

3.2

5.7

5.7

7.6 9.0

10.2

13.8

15.6

15.6

5.7

4.1

7.1

0.3

‐1.2

‐1.1

‐0.5

6.7

9.2

3.1

6.8

6.0

1.1 1.5

‐1.6

‐4.6

‐5.1 ‐5.6

‐5.0

‐2.5

‐6.4

0.0000.0100.0200.0300.0400.0500.0600.0700.080

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 

Ozone (ppm)

Days

Highest 8-hr Ozone Concentration & Daily Maximum Temperature Decemb

Brigham City Bountiful Copperview Erda HerriHarrisville Hawthorne Ogden #2 Exceed. TM
‐6.1

‐6.6

‐3.2

‐0.6

1.3 0.5

‐0.2

3.9

2.6

1.8 1.7

4.1

‐3.7

‐2.2

0.8

‐1.4

‐3.6

1.3

‐1.2

0.3

1.6

1.4

‐0.8

‐1.8

‐4.8

‐2.0

‐8.0

‐12.0

‐4.0

0.0000.0100.0200.0300.0400.0500.0600.0700.080

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 

Ozone (ppm)

Days

Highest 8-hr Ozone Concentration & Daily Maximum Temperature December 2

Price #2 Roosevelt Vernal Exceed. TM
‐5.9

‐4.1

‐2.6

4.7

1.1

2.7

4.9

10.3

10.2

12.5

1.2

3.0 3.4

2.5

‐2.4

‐2.4

‐3.4

1.4

5.0

2.2

6.1

2.7

‐0.9

0.6

‐3.3

‐8.8

‐12.4

‐9.2

‐8.3

‐5.5

‐1

0.0000.0100.0200.0300.0400.0500.0600.0700.080

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3

Ozone (ppm)

Days

Highest 8-hr Ozone Concentration & Daily Maximum Temperature December 2

Logan #4 Smithfield Exceed. TM
1.8

3.3

5.7

8.2

8.1

11.9

10.4

12.1

11.6

14.4

4.6

5.1 4.9

2.2

‐0.9

0.2

0.8

8.2

12.0

3.8

5.5

4.2

0.7

2.8

‐1.5

‐4.2

‐5.5

‐4.4

‐3.9

‐0.

0.0000.0100.0200.0300.0400.0500.0600.0700.080

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 

Ozone (ppm)

Days

Highest 8-hr Ozone Concentration & Daily Maximum Temperature December 2

North Provo Spanish Fork Exceed. TM
8.8

11.4

13.3 13.4

11.5

15.1

13.0

14.1

12.8

15.3

12.9

8.8

9.1

7.1

4.8

4.5

5.4

10.5

15.2

7.3

7.0 7.1

10.2

6.6

5.4

0.8

3.4

6.2

4.5

0.0000.0100.0200.0300.0400.0500.0600.0700.080

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 

Ozone (ppm)

Days

Highest 8-hr Ozone Concentration & Daily Maximum Temperature December 2

Hurricane Exceed. TM
-4.8

-5.2

-2.7

-0.4

6.4

4.7

2.2

1.4

2.5

0.0 0.0

0.4

-0.2

3.4

1.7

3.4

7.4

4.9

5.9 5.5

5.1

6.5

5.6

2.0

0.0000.0100.0200.0300.0400.0500.0600.0700.080

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 

Ozone (ppm)

Days

Highest 8-hr Ozone Concentration & Daily Maximum Temperature January 

Brigham City Bountiful Copperview Erda HerrimaHarrisville Hawthorne Ogden #2 Exceed. TM
‐8.6

‐8.6

‐6.0

‐5.7

‐3.0

0.1

1.2

4.9

0.0

‐1.5

‐5.8

‐5.4

‐5.1

‐4.2

0.5

‐0.9

3.5

‐0.1

0.4

2.7

0.1

‐0.7

‐2.5

2.0

0.0000.0100.0200.0300.0400.0500.0600.0700.080

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 

Ozone (ppm)

Days

Highest 8-hr Ozone Concentration & Daily Maximum Temperature Janu

Price #2 Roosevelt Vernal #4 Exceed. TM
-14.6

-10.6

-5.6 -5.0

-1.7 -0.6

0.1

-0.6

-1.7

-3.4

-5.7

-7.5

-6.8

-1.6

-1.5

0.1

1.3

0.3

0.5

4.6

-3.0

-5.3

-3.4

0.4

0.0000.0100.0200.0300.0400.0500.0600.0700.080

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 

Ozone (ppm)

Days

Highest 8-hr Ozone Concentration & Daily Maximum Temperature January 

Smithfield Exceed. TM
-6.0

0.3

2.6 4.8

6.8

4.4

4.7

1.5

1.8

0.2

-0.1

-0.9

3.6 3.7

2.1

3.4

5.6 5.2

4.7

5.1

4.0

8.4

6.5

2.5

0.0000.0100.0200.0300.0400.0500.0600.0700.080

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 

Ozone (ppm)

Days

Highest 8-hr Ozone Concentration & Daily Maximum Temperature January 

North Provo Spanish Fork Exceed. TM
6.1

10.5

11.0

9.0 8.2

6.6

5.0

6.7

5.5

7.3

5.9

7.3

9.4 10.1

8.1

7.7

10.3

9.9 10.1

13.0

11.1

13.4

11.5 11.5

0.0000.0100.0200.0300.0400.0500.0600.0700.080

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 

Ozone (ppm)

Days

Highest 8-hr Ozone Concentration & Daily Maximum Temperature January 20

Hurricane Exceed. TM