state of utah · state of utah . executive secretary ... utah air quality board meeting . final...

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 Michael Smith, Chair

Erin Mendenhall, Vice-Chair Kevin R. Cromar

Cassady Kristensen Randal S. Martin

Alan Matheson Arnold W. Reitze Jr William C. Stringer

Bryce C. Bird, Executive Secretary

UTAH AIR QUALITY BOARD MEETING

FINAL AGENDA

Wednesday, September 6, 2017 - 1:30 p.m. 195 North 1950 West, Room 1015

Salt Lake City, Utah 84116 I. Call-to-Order II. Date of the Next Air Quality Board Meeting: October 4, 2017 III. Approval of the Minutes for June 7, 2017, Board Meeting and August 2, 2017, Working Lunch and

Board Meeting. IV. Propose for Public Comment: Amend R307-403. Permits: New and Modified Sources in

Nonattainment Areas and Maintenance Areas. Presented by Ryan Stephens. V. Propose for Public Comment: Amend R307-150. Emission Inventories; R307-401. Permit: New

and Modified Sources; R307-504. Oil and Gas Industry: Tank Truck Loading; and New Rules R307-505. Oil and Gas Industry: Registration Requirements; R307-506. Oil and Gas Industry: Storage Vessels; R307-507. Oil and Gas Industry: Dehydrators; R307-508. Oil and Gas Industry: VOC Control Devices; R307-509. Oil and Gas Industry: Leak Detection and Repair Requirements; and R307-510. Oil and Gas Industry: Natural Gas Engine Requirements. Presented by Ryan Stephens.

VI. Five-Year Review: R307-214. National Emission Standards for Hazardous Air Pollutants.

Presented by Ryan Stephens. VII. Informational Items. A. PM2.5 Serious Area State Implementation Plan Update. Presented by Bill Reiss. B. Air Toxics. Presented by Robert Ford. C. Compliance. Presented by Jay Morris and Harold Burge. D. Monitoring. Presented by Bo Call. E. Other Items to be Brought Before the Board. F. Board Meeting Follow-up Items. In compliance with the Americans with Disabilities Act, individuals with special needs (including auxiliary communicative aids and services) should contact Larene Wyss, Office of Human Resources at (801) 536-4281, TDD (801) 536-4284 or by email at [email protected].

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

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


SPENCER J. COX

Lieutenant Governor


Alan Matheson

Executive Director


Director




Alan Matheson Arnold W. Reitze Jr William C. Stringer Karma M. Thomson


UTAH AIR QUALITY BOARD MEETING June 7, 2017 – 1:30 p.m.

195 North 1950 West, Room 1015 Salt Lake City, Utah 84116

DRAFT MINUTES

____________________________ I. Call-to-Order Bryce Bird, Executive Secretary, called the meeting to order at 1:39 p.m. Board members present: Michael Smith, Erin Mendenhall, Kevin Cromar, Cassady Kristensen,

Alan Matheson, Arnold Reitze, William Stringer, and Randy Martin (participated by telephone) Excused: Karma Thomson Executive Secretary: Bryce Bird II. Board Member Administrative Paperwork and Oath of Office Forms.

Administrative paperwork and Oath of Office forms were completed prior to the start of the meeting.

III. Election of Chair and Vice-Chair. Mr. Bird opened nominations for Chair of the Air Quality Board. Ms. Mendenhall nominates Michael Smith and was seconded by Mr. Reitze. No other nominations were made, nominations were ceased, and the motion carried. ● Erin Mendenhall motions to nominate Michael Smith for Chair of the Air Quality Board.

Arnold Reitze seconded. The Board approved unanimously. Mr. Smith opened nominations for Vice-Chair of the Air Quality Board. Mr. Stringer nominates Erin Mendenhall and was seconded by Mr. Cromar. No other nominations were made, nominations were ceased, and the motion carried. ● William Stringer motions to nominate Erin Mendenhall for Vice-Chair of the Air Quality

Board. Kevin Cromar seconded. The Board approved unanimously.

DRAFT - Air Quality Board June 7, 2017 Page 2 of 7

IV. Date of the Next Air Quality Board Meeting: August 2, 2017

The July 2017 Air Quality Board meeting is canceled. The next meeting will be August 2, 2017, at 1:30 p.m. with a Board working lunch at 11:30 a.m. for training from the Attorney General’s Office and staff presentations. No Board action items will be discussed at the working lunch.

V. Approval of the Minutes for May 3, 2017, Board Meeting. ● Arnold Reitze moved to approve the minutes as submitted. William Stringer seconded.

The Board approved unanimously.

VI. Final Adoption: R307-101-3. Version of Code of Federal Regulations Incorporated by Reference; R307-210. Standards of Performance for New Stationary Sources; R307-214. National Emission Standards for Hazardous Air Pollutants. Presented by Ryan Stephens. Ryan Stephens, Environmental Planning Consultant at DAQ, stated that these rules must be updated periodically to reflect changes to the federal air quality regulations as published in Title 40 of the Code of Federal Regulations (40 CFR). The rules have been amended to identify the most recent published version of 40 CFR, July 1, 2016, as the version that is referenced in the Utah Air Quality Rules. A 30-day public comment period was held for each rule. No hearing was requested and no comments were received. Staff recommends that the Board adopt R307-101-3, R307-210, and R307-214 as proposed. In discussion, staff agreed that it is unnecessary to list subparts that are blank and reserved in the CFR, such as HHHH, in these rule amendments and that they could be removed as part of a nonsubstantive rule change. Staff also responded to questions on the status of CO2 regulations for greenhouse gas regulations at the state level when there is currently a stay on enforcement at the federal level. A stay on enforcement is different than a replacement. If a regulation is under review at the federal level but it has not been replaced through rulemaking, the regulation is still in effect at the state level. This action before the Board is adopting what was in effect on July 1, 2016, and until it’s either superseded or replaced through rulemaking they are still effective as a matter of adoption as presented today. ● Erin Mendenhall moved for approval of final adoption of R307-101-3, Version of Code of

Federal Regulations Incorporated by Reference; R307-210, Standards of Performance for New Stationary Sources; R307-214, National Emission Standards for Hazardous Air Pollutants. Cassady Kristensen seconded. The Board approved unanimously.

Ryan Stephens, Environmental Planning Consultant at DAQ, gave a brief overview that the amendments for the area source coatings rules in agenda items 7 through 13 are being proposed in response to the reclassification of Utah’s two PM2.5 areas from moderate nonattainment to serious nonattainment status in order to meet the requirement to have best available control measures (BACM). These rules will be part of the PM2.5 state implementation plans (SIPs) and that the purpose of each rule is to reduce volatile organic compound (VOC) emissions from various sources, which is an important step in creating a SIP that will help Utah attain the PM2.5 standard. VOC emissions are a precursor pollutant to the formation of PM2.5 and so it’s important to reduce the levels of precursor pollutants to help reduce the total amount of particulate matter. DAQ met with the regulated community and concerned citizens about the development of these rules on several occasions. Many of the amendments presented are a direct result of successful collaboration. If the Board decides to propose any of these rules, there will be a public hearing scheduled for Thursday, July 27, 2017, at 1:00 p.m. and DAQ requested that a Board member act as hearing officer.


VII. Propose for Public Comment: Amend R307-101-2. Definitions. Presented by Ryan Stephens.

Ryan Stephens, Environmental Planning Consultant at DAQ, stated that the area source rules for coatings currently contain a different definition for “coating” in each rule. This rule amendment will add a single definition of “coating” to the Utah Air Quality rules and the definition will apply to all of the area source coatings rules. The language of the new definition was taken from an EPA guidance document on VOC emissions. This rule amendment also adds a definition for “VOC content” and “composite vapor pressure” which is being added in response to requests from industry for clarification on how to calculate the VOC content and vapor pressure of a substance. Staff recommends that the Board propose the amendments to R307-101-2 for public comment. In discussion with the Board, staff agreed that a wording change in the equation and its definitions could be made to say that it’s either pounds per gallon or grams per liter. ● Arnold Reitze moved to propose amended R307-101-2, Definitions, for public comment.

Erin Mendenhall seconded. The Board approved unanimously.

VIII. Propose for Public Comment: Amend R307-344. Paper, Film, and Foil Coatings; R307-345. Fabric and Vinyl Coatings; R307-346. Metal Furniture Surface Coatings; R307-347. Large Appliance Surface Coatings; R307-349. Flat Wood Panel Coatings; R307-350. Miscellaneous Metal Parts and Products Coatings; R307-352. Metal Container, Closure, and Coil Coatings; R307-353. Plastic Parts Coatings. Presented by Ryan Stephens. Ryan Stephens, Environmental Planning Consultant at DAQ, stated that these rules are being proposed to strengthen the area source coatings rules, help further reduce VOC emissions, and will be part of the upcoming serious PM2.5 SIP. A PM2.5 serious nonattainment SIP includes an analysis of BACM that can be feasibly and cost effectively implemented for all PM2.5 precursors. In order to conduct a BACM analysis of these rules, staff looked at the other air districts with serious nonattainment SIPs, all of which are located in California and include the San Joaquin Valley, South Coast Air District, Ventura County, and Sacramento Metro areas. After the analysis, staff concluded that the VOC content limits in the rules already met the standard of BACM. However, the applicability levels of each rule should be amended to meet BACM. In these rules the applicability thresholds have been changed from the potential to emit 2.7 tons per year to a solvent usage or application based limit of 20 gallons or more. These rules also contain a solvent cleaning limit that has been amended. The current limit of 0.21 pounds per gallon was taken from a California air district rule for a moderate PM2.5 area. Since the limit has been in place, members of the regulated community have raised concerns regarding the stringency of the limit. A 0.21 limit effectively limits organic solvents that may be used. Sources are pretty much only left with acetone, which presents several challenges to industry. In response to industry concerns, staff has amended these rules to include a vapor pressure limit of 10 millimeters of mercury. This will allow sources to have more options when using cleaning solvents, while still working to reduce VOC emissions with the same effectiveness as the current content limit. Staff recommends the Board propose the amendments to the listed coatings rules for a 45-day public comment period. Staff responded to several questions from the Board. Some of which included that the canned aerosol coating products exemption is not in all rules. It is being done for various coating operations where a touchup option is made available for touchup in tight areas or for spot repairs. EPA does recommend this for these types of operations and some states have gone forward with the recommendation. These coatings rule amendments will help further reduce VOC emissions. EPA recently issued a PM implementation rule intended for a PM2.5 serious nonattainment. The rule


basically says that you should consider any other state rule that has implemented control measures successfully with all that that pertains to and cost effectiveness for the precursors as well as the direct PM2.5. Also, determining the cost per ton of emissions removed is complex and difficult to estimate oftentimes. The costs come from various sources, most of which are related to EPA or California Air Resources Board studies. The costs are based on reformulation, not the add-on control device. The feasibility of the control measure is based on the fact that it has been implemented here and in other states. Staff agreed that it is difficult to quantify, “minimizing spills of VOC-containing cleaning materials” as listed in the rule but that it is taken care of as sources use common sense in work practices. It was suggested that wording on adherence to work practices in the recordkeeping requirements be included so as to get the anticipated reductions. As for add-on control systems and the recordkeeping for these area source coatings rules, it is not typical to have a testing timeline or recordkeeping that work practices are being adhered to because the sources with these types of operation are small sources. The larger sources will have an approval order with specific testing and recordkeeping requirements. Mr. Cromar requested a list of impacted operations that would now be required to meet the standards of the proposed coatings rules. Staff explained that the Governor’s office recently issued an executive order that as part of a rule’s analysis agencies must identify the types and size of industry that will be impacted by a proposed rule, including the cost of impacts on different types of industry. Going forward, staff will include such an analysis in the Board packet. ● Erin Mendenhall moved to propose amended R307-344, Paper, Film, and Foil Coatings;

R307-345, Fabric and Vinyl Coatings; R307-346. Metal Furniture Surface Coatings; R307-347, Large Appliance Surface Coatings; R307-349, Flat Wood Panel Coatings; R307-350, Miscellaneous Metal Parts and Products Coatings; R307-352, Metal Container, Closure, and Coil Coatings; and R307-353, Plastic Parts Coatings, for a 45-day public comment. Arnold Reitze seconded. The Board approved unanimously.

IX. Propose for Public Comment: Amend R307-343. Emissions Standards for Wood Furniture

Manufacturing Operations. Presented by Ryan Stephens. Ryan Stephens, Environmental Planning Consultant at DAQ, stated that DAQ is proposing amendments that will help further reduce VOC emissions from wood furniture manufacturing operations. This rule has been amended to meet the requirements of BACM and also includes an amended applicability section similar to the previous group of rules. Another amendment is that the two component polyurethanes are being slightly elevated from 0.9 to 1.0 pound VOC per pound solids because of the difficulty of transferring these viscous coatings to the wood surface under the current limits. Staff have worked with industry on creating this limit, but some members of the regulated community have raised concerns about its stringency, so staff are specifically asking for comments on the lowest technically feasible limit for polyurethanes that does not alter performance. A 110(l) demonstration is included showing that this amendment will not interfere with any applicable requirement concerning attainment despite the increase in the content limit. This is because any increase in emissions from the slight elevation of the content will be offset by the new applicability threshold of the rule. The cost of this rule will be $2,616 per ton VOC removed. Staff recommends that the Board propose the amendments to R307-343 for a 45-day public comment period. In discussion, staff explained that there is no quantitative threshold to determine when something has a positive impact versus de minimus impact. The Clean Air Act 110 demonstration is designed so that you are not backsliding and that you have to have mitigating measures, if adjustments are made, which is the intent here.


● Arnold Reitze moved to propose amended R307-343, Emissions Standards for Wood

Furniture Manufacturing Operations, for public comment. William Stringer seconded. The Board approved unanimously.

X. Propose for Public Comment: Repeal and Replace R307-351. Graphic Arts. Presented by

Ryan Stephens. Ryan Stephens, Environmental Planning Consultant at DAQ, stated that DAQ is proposing to repeal and replace R307-351. Due to the large number of changes to the rule, a repeal and replace is recommended by the Office of Administrative Rules for easier reading and review during the public comment period. Staff worked closely with the Printing Industries of America and has concluded that a general rule applicability of one ton per year of VOC emissions or about 450 gallons per year VOCs in all materials is the lowest applicability level that small sources can absorb. This would result in a cost estimate of $4,000 to $5,000 per ton VOC removed. DAQ is proposing a material use threshold of 450 gallons per year, instead of an emissions threshold because it is easier for sources to track and for staff inspectors to verify in the field. Staff recommends that the Board propose the repeal and replacement of R307-351 for a 45-day public comment period. In discussion regarding the cost, staff explained that the cost analysis of this rule did include the cost of the equipment. In regards to the flammability issue of keeping used cloths contained as listed in the area source coating rules, staff explained that sources use specialized metal fire hazard containers. In addition, DAQ limits the wording of a rule to what the Board has authority to require of a source and not what another agency might require them to do. ● Kevin Cromar moved to propose the repeal and replace R307-351, Graphic Arts, for a 45-

day public comment. Cassady Kristensen seconded. The Board approved unanimously.

XI. Propose for Public Comment: Amend R307-348. Magnet Wire Coatings. Presented by Ryan Stephens. Ryan Stephens, Environmental Planning Consultant at DAQ, stated that the rule amendments will change the applicability threshold in the rule from 2.7 tons per year potential to emit to 2.0 tons per year of actual VOC emissions. This change is based on DAQ’s BACM analysis. The proposed rule implementation cost presented in the moderate SIP has been updated to account for inflation and is now $6,857 per ton VOC removed. Staff recommends that the Board propose the amended R307-348 for a 45-day public comment. ● Arnold Reitze moved propose the amended R307-348, Magnet Wire Coating, for public

comment. Erin Mendenhall seconded. The Board approved unanimously.

XII. Propose for Public Comment: Amend R307-354. Automotive Refinishing Coatings. Presented by Ryan Stephens. Ryan Stephens, Environmental Planning Consultant at DAQ, stated that this rule limits VOC emission from automotive refinishing sources. The amendment reduces the applicability threshold from the potential to emit 2.7 tons of emissions to “sources that use a combined 20 gallons or more of coatings products and associated solvents per year…” The amendments to this rule meet the requirements of BACM, and the cost will be $2,864 per ton VOC removed. Staff recommends that the Board propose the amendments to R307-345 for a 45 day public comment period.


● William Stringer moved to propose the amended R307-354, Automotive Refinishing Coatings, for a 45-day public comment. Arnold Reitze seconded. The Board approved unanimously.

XIII. Propose for Public Comment: Amend R307-355. Control of Emissions from Aerospace

Manufacture and Rework Facilities. Presented by Ryan Stephens. Ryan Stephens, Environmental Planning Consultant at DAQ, stated that the rule amendments include changing the applicability threshold from the potential to emit 10 tons of VOCs to the use of 55 gallons of VOC containing materials; the add-on control capture and control efficiency minimum has been increased from 81% to 90%; and the specialty coatings in the text of the rule has been incorporated by reference which will be easier on compliance staff and the regulated community. Staff recommends that the Board propose the amendments to R307-355 for a 45-day public comment period. ● Erin Mendenhall moved to propose the amended R307-355, Control of Emissions from

Aerospace Manufacture and Rework Facilities, for a 45-day public comment. Kevin Cromar seconded. The Board approved unanimously.

XIV. Propose for Public Comment: Amend R307-335. Degreasing and Solvent Cleaning

Operations; Propose New Rule R307-304. Solvent Cleaning. Presented by Ryan Stephens. Ryan Stephens, Environmental Planning Consultant at DAQ, stated that in January 2017 the Board proposed to remove the VOC limits for industrial solvents used for cleaning from R307-335 and added the limits to a new rule, R307-304. There was a public comment period from March 1 to 31, 2017, and a public hearing was held. At the hearing commenters identified significant unintended consequences with the draft R307-304 rule. Consequently, DAQ withdrew the rule after the public comment period in order to work with industry stakeholders and EPA to address valid concerns. In order to achieve further VOC reductions from industrial solvent cleaning operations, which will be required for the serious area PM2.5 SIPs, DAQ is proposing the following: amend R307-335 by removing the industrial solvent cleaning sections found in R307-335-7 and R307-335-8; move the industrial solvent cleaning requirements in R307-335 to new solvent rule, R307-304; lower the threshold for gallons of solvent used in the applicability section of R307-304 to 55 gallons or more per year; and introduce a solvent vapor pressure alternative to the density based limits. This will give sources more choices and freedom to choose what solutions to use for solvent cleaning while at the same time this rule is estimated to reduce VOC emissions by 28% at a cost of $4.36 per ton of VOC removed. Staff recommends that the Board propose new rule R307-304 and the amendments to R307-335 for a 45-day public comment period. ● Arnold Reitze moved propose amended R307-335, Degreasing and Solvent Cleaning

Operations, and propose new rule R307-304, Solvent Cleaning, for public comment. Erin Mendenhall seconded. The Board approved unanimously.

The duties of a hearing officer were explained. Erin Mendenhall volunteered to be the hearing officer for the area source coatings rules’ public hearing on July 27, 2017, in the DEQ board room at 1:00 p.m. Staff also explained that another part of the implementation rule is that there are no de minimus levels with a serious nonattainment. A serious area nonattainment plan must demonstrate that BACM can be feasibly and cost effectively implemented. It was explained that there were other source categories which staff researched, for example residential furnaces and boilers, commercial


boilers, and under-fire broilers, but right now technology is an issue and a rule for these categories are not technologically feasible at this time. In response to a nonattainment recommendation for the Basin and oil and gas issues, Mr. Bird explained that EPA Administrator Pruitt notified the states that the current action on the 2015 ozone standard is being delayed by one year, which is allowed under the Clean Air Act. With that, Utah is looking at an October 2018 timeframe for designation under the 2015 standard or a reconsideration of the standard by the Administration. As far as existing rules, the Board approved four rules, tank loading, flare control, pneumatic controllers, and general requirements for maintaining and emissions controls, which are in place now and apply broadly to all the oil and gas sources under state authority. The next rule staff will bring to the Board later this year will be a new permit by rule for oil and gas facilities.

XV. Informational Items. A. Air Toxics. Presented by Robert Ford.

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

C. Monitoring. Presented by Bo Call.

Bo Call, Air Monitoring Section Manager at DAQ, updated the Board on the monitoring graphs. He noted that discrepancies with the photo lamp in April at the Escalante ozone monitor may be the cause of an exceedance and that the data will be discarded as it does not meet the quality control requirements. It is also unknown what caused the exceedance at the Hurricane monitor but it’s believed to be due to biogenics. The annual monitoring network plan is out for a 30-day public comment. The plan outlines air monitoring, pollution trends, and anticipated changes such as funds received from the Legislature to expand the monitoring network to include Iron County because of its population growth. DAQ identified a location in Iron County to place a federal reference monitor for PM2.5, ozone, NOx, and met data with plans to have it ready by the first of 2018.

D. Other Items to be Brought Before the Board. ______________________________________________________________________________________ Meeting adjourned at 3:13 p.m.




State of Utah


SPENCER J. COX

Lieutenant Governor


Alan Matheson

Executive Director


Director






UTAH AIR QUALITY BOARD WORKING LUNCH August 2, 2017 – 11:30 a.m.

Conference Rooms 1020 A/B – 1st Floor 195 North 1950 West

Salt Lake City, Utah 84116

DRAFT MINUTES ____________________________

Board members present: Michael Smith, Erin Mendenhall, Kevin Cromar, Cassady Kristensen, Randal Martin, Alan Matheson, and Arnold Reitze Excused: William Stringer A working lunch was held to conduct annual Open and Public Meetings Act training, provide a brief board member orientation, a rulemaking overview, and compliance activities update. The Board and staff had informal discussion on the items presented. No Board action items were discussed. Craig Anderson, Chris Stephens, and Marina Thomas of the Environment Section of the Utah Attorney General’s Office were introduced and Mr. Anderson gave an overview and answered questions of applicable law, the requirements of the ethics act, and conflicts of interest as they pertain to Board members. Mark Berger, Air Quality Policy Section Manager at DAQ, discussed with Board members Utah’s SIP development schedule and a tentative 2017 schedule of rules that staff plans to present to the Board for its consideration. Ryan Stephens, Environmental Planning Consultant at DAQ, gave a brief overview of the rulemaking process, which included the internal and external stakeholder processes, and associated timelines for the rulemaking process. Rusty Ruby, Compliance Branch Manager at DAQ, explained the branch’s responsibility to ensure regulatory requirements are met through inspections, audits, and enforcement. Mr. Ruby included graphs depicting penalties, and inspection and compliance rates. ______________________________________________________________________________




State of Utah


SPENCER J. COX

Lieutenant Governor


Alan Matheson

Executive Director


Director






UTAH AIR QUALITY BOARD MEETING August 2, 2017 – 1:30 p.m.

195 North 1950 West, Room 1015 Salt Lake City, Utah 84116

DRAFT MINUTES

____________________________ I. Call-to-Order Michael Smith called the meeting to order at 1:30 p.m. Board members present: Michael Smith, Erin Mendenhall, Kevin Cromar, Cassady Kristensen,

Alan Matheson, and Arnold Reitze Excused: William Stringer Executive Secretary: Bryce Bird II. Date of the Next Air Quality Board Meeting: September 6, 2017 III. Approval of the Minutes for June 7, 2017, Board Meeting.

Mr. Cromar would like the minutes to include his request for a list of impacted operations that would now be required to meet the standards of the proposed coatings rules. In discussion, it was decided that a new agenda item will be added at the end of each Board meeting to recapture and list any requests to staff that were made by the Board during the meeting. ● Erin Mendenhall motioned to approve the minutes as amended. Arnold Reitze seconded.

[Resubmit for approval as no final vote was conducted.]

IV. Final Adoption: R307-230. NOx Emission Limits for Natural Gas-Fired Water Heaters. Presented by Ryan Stephens. Ryan Stephens, Environmental Planning Consultant at DAQ, stated that this rule incorporates the emission limits for natural gas-fired water heaters found in Utah’s State Construction and Fire Codes Act into the Utah Air Quality Rules. By incorporating the emission limits into the Utah Air Quality Rules, the state will be able to take credit for NOx reductions in the PM2.5 State Implementation Plan (SIP). A public comment period was held from June 1 to July 3, 2017. No

DRAFT - Air Quality Board August 2, 2017 Page 2 of 5

comments were received, and no hearing was requested. Staff recommends that the Board adopt new rule R307-230, NOx Emission Limits for Natural Gas-Fired Water Heaters, as proposed. In discussion, staff explained that the Board previously approved an ultra-low NOx water heater rule which was removed by the Utah Legislative Rules Committee. Later, the Legislature incorporated the same requirements into a state statute. This rule replaces what had been in the original rule and replaces it with the reference to state statute which incorporates the same requirements and also references the Utah State Code limits. This rule can now be included in the SIP and make it enforceable as a Utah Air Quality Rule. ● Kevin Cromar moved for final adoption of new rule R307-230, NOx Emission Limits for

Natural Gas-Fired Water Heaters. Arnold Reitze seconded. The Board approved unanimously.

V. Final Adoption: R307-309. Nonattainment and Maintenance Areas for PM10 and PM2.5:

Fugitive Emissions and Fugitive Dust. Presented by Ryan Stephens. Ryan Stephens, Environmental Planning Consultant at DAQ, stated that R307-309 was originally adopted mainly for the purpose of reducing PM10, but recently it was submitted to EPA as part of Utah’s moderate area PM2.5 SIPs. However, EPA did not approve the rule. Instead, EPA gave DAQ the opportunity to re-submit the rule. And on the condition that DAQ amend the rule in accordance with the commitment letter that was sent to EPA on September 30, 2016, EPA would be able to approve the rule into Utah’s moderate area SIP. One of the main conditions from EPA was that the rule needs to include an explicit time period of two years that sources are to maintain records documenting compliance with the rule. On June 1, 2017, DAQ received a response from EPA that indicated that EPA will likely approve the rule as it was proposed by the Board into the moderate area SIP. A 30-day comment period was held for this rule, and one commenter submitted written comments. A summary of those comments and DAQ’s responses are in the Board packet. Staff recommends that the Board adopt R307-309 as proposed. In discussion, staff agreed to make a nonsubstantive change to R307-309-3 to make it clear that PM10 maintenance plan area and PM2.5 nonattainment plan area are separate. ● Erin Mendenhall moved for final adoption of R307-309, Nonattainment and Maintenance

Areas for PM10 and PM2.5, Fugitive Emissions and Fugitive Dust, as amended. Cassady Kristensen seconded. The Board approved unanimously.

VI. Final Adoption: R307-122. General Requirements: Heavy Duty Vehicle Tax Credit.

Presented by Ryan Stephens. Ryan Stephens, Environmental Planning Consultant at DAQ, stated that R307-122 has been amended to include heavy duty vehicles with hydrogen-electric or 100 percent electric drivetrains in the definition of “qualified heavy duty vehicle.” This amendment is required in response to Senate Bill 24 that was passed during the 2017 Legislative Session. Staff recommends that the Board adopt R307-122 as proposed.

● Arnold Reitze moved for final adoption of R307-122, General Requirements, Heavy Duty

Vehicle Tax Credit. Erin Mendenhall seconded. The Board approved unanimously.


VII. Informational Items. A. Oil and Gas Rule Update. Presented by Sheila Vance.

Sheila Vance, Environmental Scientist at DAQ, stated that DAQ is anticipating bringing some new oil and gas rules, or called permit-by-rule, to the Board in September and that DAQ also plans to send out an advanced draft to the Board and have them posted for public review in the next week. In the last few years a large portion of work for minor source permits at DAQ were for oil and gas sources going from approximately 10% in 2013 up to 81% in 2016 and has now slowed to 50% this past year. There are several hundred of these oil and gas sources that tend to have very similar equipment and processes. From a resources standpoint it would be better to have a streamlined process for these sources and then be able to focus on more complex issues. Ms. Vance explained that the first part of the permit-by-rule would be that in place of an oil and gas application going through the notice of intent and approval order process, sources would follow a set of rules based upon current best available control technology (BACT) in a permit-by-rule. The second part is that operators would register their oil and gas sources by providing equipment information with DAQ and certify that they will follow these sets of rules. And the third part is that these oil and gas sources will be part of DAQ’s tri-annual inventory which will help DAQ in its planning process going forward. Brock LeBaron, Division Deputy Director at DAQ, added that the end result is a streamlined process to make the permitting run more efficiently, permits will be less expensive to produce, and the permits will be easier to enforce or to comply with. In discussion, it was explained that a benefit would be a more complete inventory over time of sources that were not previously required to be part of the tri-annual inventory. This would not apply to sources on tribal land as the permit-by-rule would only apply to sources on state land. Staff has discussed ideas back and forth with industry. A concern of industry is what happens if a source already has an approval order. Staff is thinking that under the permit-by-rule if a source already has an approval order in place it would be exempt from these rules. But if a source modifies a permit, then it would fall under the permit-by-rule. DAQ does not plan to regulate methane in these rules, but since these rules will regulate fugitive volatile organic compounds (VOCs) then there will be a commensurate reduction in methane as well. Finally, the permit-by-rule is not unique to Utah as there are other states that have this type of rule for these types of sources.

B. Western Energy Alliance Update. Presented by Lowell Braxton.

Lowell Braxton, Utah Representative for Western Energy Alliance (WEA), stated that the WEA is a multi-state oil and gas trade association primarily operating in the western United States, and they wish to thank the Board for the opportunity to give advance thought on some of their issues. Although they have not seen the draft oil and gas rules, WEA is behind the idea of a permit-by-rule and think that it will be good in terms of time savings. They have three issues they would like to present to the Board. First, they have concern with a rule that would require retrofit permits for operations that previously were not required to have a permit. Their hope is that DAQ will have some accommodation on retrofitting in the permit-by-rule. Second, that there will be some accommodation for small sources, for instance those that produce less than 5 tons a year of VOCs, which is similar to other states. If de minimus sources are going to be required to


be permitted that will require a lot of staff and permit time for both the state and industry. Finally, WEA recognizes that most state rules are statewide rules and local considerations are not accommodated unless there is a compliance issue. They understand proposing rules to address issues such as ozone and compliance that are apparent in the Uinta Basin, but if the same rules will apply to sources in areas in attainment they believe that will inhibit competition and run prices up. They ask that DAQ take a hard look at how statewide permit-by-rules will affect industry and that DAQ will allow for some accommodation to this final point.

C. PM2.5 State Implementation Plan Informational Tools Update. Presented by Mark Berger. Mark Berger, Air Quality Policy Section Manager at DAQ, demonstrated and answered questions on the PM2.5 SIP development information DAQ has posted at sip.utah.gov on its web page, highlighting the disclaimer that nothing appearing in the PM2.5 SIP development pages during the SIP develop should be regarded as final. He explained that current public feedback is that people want more information posted such as DAQ’s review of the BACT, more analysis of public recommendations, and more inventory information. As far as the possibility of displaying analysis of different remediation scenarios for items such as the inventory information or impacts of the regulations, staff indicated that the interactive tool might be a way to access that information by allowing access to query information from inventories behind the modeling. Staff modelers are currently working on the final piece for the technical support document and will post the results as soon as it becomes available. In response to what changes have been made in regards to the engagement process and enhancements, staff indicates that monthly air quality advocate meetings are now being held as a way to share ideas and also a Facebook page is available for recommendations from the public. In addition, the BACT analysis and baseline inventory is currently posted on the web page for public review which is months in advance than when they were available for review previously. Unfortunately, the results of the Utah Winter Fine Particulate Study last winter will not be available for the development of this SIP, but it’s anticipated that it will be ready for future SIPs development.

D. Staff Comment on Proposed R307-355. Presented by Joel Karmazyn. Joel Karmazyn, Environmental Scientist at DAQ, explained that in June 2017 the Board approved a proposal to amend the aerospace and rework facility rule to reduce the amount of exempt produce from 200 gallons to 20 gallons for the rework operations. At the time of proposal it was believed that most of the rework facilities along the Wasatch Front were related to military specifications and so DAQ did not think a large exemption was needed. Since then it has been discovered there is a need for a large exemption for commercial aircraft repair. Staff is informing the Board when the final adoption recommendation for R307-355 comes before the Board at a future meeting it will maintain that 200 gallon exemption in the rule.

E. Air Toxics. Presented by Rusty Ruby.

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


G. Monitoring. Presented by Bo Call. Bo Call, Monitoring Section Manager at DAQ, gave an update on the monitoring graphs noting that July had high activity for ozone generation which resulted in the exceedances as shown in the graphs. In review of past ozone numbers back to 1975 and comparing that to 70 parts per billion, the highest number of exceedances was 56 in 1980. Even looking back at the last four or five years, ozone levels have been higher than this year’s 13 and 14 days of violations. This shows the Clean Air Act worked and is still working to drive down the numbers. In discussion, it was suggested that from a public health perspective that staff at a future time might do a multi-year review of a composite of PM ozone and the other pollutants to see which days have a health risk and not just days above the standard.

H. Other Items to be Brought Before the Board. I. Board Meeting Follow-Up.

A follow-up section be added to the minutes to recapture requests made to staff

during the meeting. Make a nonsubstantive change in R307-309-3 to make it clear that PM10

maintenance plan area and PM2.5 nonattainment plan area are separate. Staff potentially do a future multi-year emissions composite looking specifically at

health risks. DAQ will post the draft oil and gas permit-by-rules as soon as they are available.

______________________________________________________________________________________ Meeting adjourned at 2:31 p.m.

ITEM 4

State of Utah


SPENCER J. COX

Lieutenant Governor


Alan Matheson

Executive Director


Director

DAQ-057-17

M E M O R A N D U M TO: Air Quality Board THROUGH: Bryce C. Bird, Executive Secretary FROM: Sheila Vance, Environmental Scientist DATE: August 23, 2017 SUBJECT: PROPOSE FOR PUBLIC COMMENT: Amend R307-403. Permits: New and Modified

Sources in Nonattainment Areas and Maintenance Areas. ______________________________________________________________________________________ EPA determined that there are potential deficiencies in Utah’s nonattainment new source review (NNSR) permitting rules. In response to EPA, the Division of Air Quality sent a letter to EPA committing to revise portions of R307-403 no later than December 8, 2017. The amendments that are being presented to the Board fulfill those commitments. The rule has been amended to regulate PM2.5, and clarifications have been made to R307-403-3 regarding lowest achievable emission rate (LAER) requirements and applicable offset requirements. The definition of “regulated NSR pollutant” has also been modified to exclude ammonia as a precursor pollutant upon the completion of a demonstration conducted in accordance with 40 CFR 51.1006(a)(3). These changes will enable EPA to approve R307-403 into Utah’s State Implementation Plan. Recommendation: Staff recommends that the Board propose the amendments to R307-403 for a 30-day public comment period.




ITEM 5

State of Utah


SPENCER J. COX

Lieutenant Governor


Alan Matheson

Executive Director


Director

DAQ-059-17

M E M O R A N D U M TO: Air Quality Board THROUGH: Bryce C. Bird, Executive Secretary FROM: Sheila Vance, Environmental Scientist DATE: August 23, 2017 SUBJECT: PROPOSE FOR PUBLIC COMMENT: Amend R307-150. Emission Inventories; R307-

401. Permit: New and Modified Sources; R307-504. Oil and Gas Industry: Tank Truck Loading; and New Rules R307-505. Oil and Gas Industry: Registration Requirements; R307-506. Oil and Gas Industry: Storage Vessels; R307-507. Oil and Gas Industry: Dehydrators; R307-508. Oil and Gas Industry: VOC Control Devices; R307-509. Oil and Gas Industry: Leak Detection and Repair Requirements; and R307-510. Oil and Gas Industry: Natural Gas Engine Requirements.

______________________________________________________________________________________ Oil and gas production sources, while individually small, make up a significant portion of the total emissions inventory in Utah. For example, oil and gas sources contribute 67% and 9% to the state-wide VOC and NOx totals respectively during winter months. A majority of these sources are either minor sources or exempt small sources under Utah State Rules. Over the past few years, oil and gas permits have made up over half of the minor source permit requests to the DAQ, yet the conditions in these permits are virtually identical due to the similar characteristics of the oil and gas well sites themselves. DAQ is proposing to streamline the permitting of minor oil and gas sources by replacing the current source-by-source permitting process with what is referred to as permit-by-rule (PBR). This will provide benefits for the producer, the regulator, and the public through reduced time, lower cost, and increased clarity. To implement the PBR, DAQ is proposing several new rules and amendments to a collection of existing rules that regulate oil and gas sources. Staff is asking the Board to propose these rules so that DAQ may gather, document, and respond to comments from all stakeholders in this process. As proposed, these rules will improve the permitting, compliance, and emission inventory processes for oil and gas sources. These rules are not intended to address the ozone nonattainment recommendation for the Uinta Basin, but they are intended to increase efficiency while ensuring that air requirements are being met statewide. The change to PBR for future oil and gas well sites in lieu of issuing individual permits benefits both staff and industry. The PBR will eliminate several administrative steps in the permitting process. This will save sources the cost of obtaining a permit and will reduce permit engineer time. Compliance officers




DAQ-059-17 Page 2 for DAQ will benefit because they will go from inspecting individualized permitted sites to a more general oversight of all sites that are subject to the same PBR requirements. DAQ worked with stakeholders from the regulated industries and environmental advocates several times in the development of these rules. Stakeholders were provided versions of draft rules and were able to participate in stakeholder meetings to discuss rule revisions. Staff has taken the time to understand stakeholder concerns and issues and has revised language in response to comments provided through the stakeholder process. Throughout the stakeholder process, industry commented several times that they were concerned that the PBR would require the retrofitting of equipment for existing sites that are currently in compliance with existing rules. In response to these concerns, we have developed these rules so sources that have applied for and received approval orders are excluded from the requirements of the proposed rules for oil and gas wells. Those that have placed voluntary controls to become an exempted small source (< 5TPY) may fall under the proposed rules for registration and inspection, but most likely will not be required to retrofit with new equipment if they have appropriately applied the small source exemption. Sites that fall under the exempted small source rule due to low emissions from their specific operations are not required to follow any of the equipment rules and therefore would not need to retrofit. Another concern raised throughout the stakeholder process is the potential fiscal impact that registration and emissions inventory requirements related to small sources would cause to industry. It is DAQ's intent to have the registration and inventory requirements be met through on-line forms that have clear instructions, pull down menus, standard calculations and emission factors provided to ease the impact of meeting these requirements. The rules propose a six-month timeframe for existing oil and gas sources to register with the DAQ and then the registration would be a simple step for all new oil and gas sources to follow prior to beginning operation. These rules represent a change in how the DAQ is approaching the permitting of oil and gas wells. These new rules incorporate the current best available control technology (BACT) requirements that are being applied to new source review (NSR) permits. BACT is required in both attainment and nonattainment areas. To be consistent with current permitting requirements, the PBR will apply statewide. Throughout the stakeholder process industry also questioned why the PBR was intended to be applied statewide, regardless of attainment status. The DAQ is implementing the PBR to streamline the permitting process for oil and gas tank batteries. DAQ views the PBR as a benefit to sources. Sources will have less paperwork and will be able to begin operations sooner as compared to the normal permitting process. DAQ wants to share these benefits with all sources statewide. In addition, DAQ does not want to hinder operations in attainment areas as compared to nonattainment areas. The registration rule will apply statewide to ensure that the DAQ has the information necessary to ensure that we are aware of the sources that are present and what equipment and controls they have. This will address concerns regarding existence of de minimis sources and the appropriate application of the small source exemption. The emission inventory will provide information that is necessary to continue to model air quality impacts and potential exceedances of the national ambient air quality standards (NAAQS). In summary, the proposed rule changes should provide a streamlined permitting process for minor oil and gas sources. This process will be more efficient and productive for both operators and regulatory staff. As the rules represent current permitting BACT, there is no reduction to the protection of air quality in the State.

DAQ-059-17 Page 3 Recommendation: Staff recommends that the Board propose amended rules R307-150. Emission Inventories; R307-401. Permit: New and Modified Sources; R307-504. Oil and Gas Industry: Tank Truck Loading; and New Rules R307-505. Oil and Gas Industry: Registration Requirements; R307-506. Oil and Gas Industry: Storage Vessels; R307-507. Oil and Gas Industry: Dehydrators; R307-508. Oil and Gas Industry: VOC Control Devices; R307-509. Oil and Gas Industry: Leak Detection and Repair Requirements; and R307-510. Oil and Gas Industry: Natural Gas Engine Requirements for public comment.

R307-150 August 23 2017 Page 1 of 6

R307. Environmental Quality, Air Quality. 1 R307-150. Emission Inventories. 2 R307-150-1. Purpose and General Requirements. 3 (1) The purpose of [R305]R307-150 is: 4 (a) to establish by rule the time frame, pollutants, and 5 information that sources must include in inventory submittals; and 6 (b) to establish consistent reporting requirements for 7 stationary sources in Utah to determine whether sulfur dioxide 8 emissions remain below the sulfur dioxide milestones established in 9 the State Implementation Plan for Regional Haze, section XX.E.1.a, 10 incorporated by reference in R307-110-28. 11 (2) The requirements of R307-150 replace any annual inventory 12 reporting requirements in approval orders or operating permits issued 13 prior to December 4, 2003. 14 (3) Emission inventories shall be submitted on or before ninety 15 days following the effective date of this rule and thereafter on or 16 before April 15 of each year following the calendar year for which an 17 inventory is required. The inventory shall be submitted in a format 18 specified by the Division of Air Quality following consultation with 19 each source. 20 (4) The executive secretary may require at any time a full or 21 partial year inventory upon reasonable notice to affected sources when 22 it is determined that the inventory is necessary to develop a state 23 implementation plan, to assess whether there is a threat to public 24 health or safety or the environment, or to determine whether the source 25 is in compliance with R307. 26 (5) Recordkeeping Requirements. 27 (a) Each owner or operator of a stationary source subject to this 28 rule shall maintain a copy of the emission inventory submitted to the 29 Division of Air Quality and records indicating how the information 30 submitted in the inventory was determined, including any calculations, 31 data, measurements, and estimates used. The records under R307-150-4 32 shall be kept for ten years. Other records shall be kept for a period 33 of at least five years from the due date of each inventory. 34 (b) The owner or operator of the stationary source shall make 35 these records available for inspection by any representative of the 36 Division of Air Quality during normal business hours. 37 38 R307-150-2. Definitions. 39 The following additional definitions apply to R307-150. 40 "Acute pollutant" means any noncarcinogenic air pollutant for 41 which a threshold limit value - ceiling (TLV-C) has been adopted by 42 the American Conference of Governmental Industrial Hygienists in its 43 "Threshold Limit Values for Chemical Substances and Physical Agents 44 and Biological Exposure Indices," 2003 edition. 45 46 "Carcinogenic pollutant" means any air pollutant that is 47

R307-150 August 23 2017 Page 2 of 6

classified as a known human carcinogen (A1) or suspected human 1 carcinogen (A2) by the American Conference of Governmental Industrial 2 Hygienists in its "Threshold Limit Values for Chemical Substances and 3 Physical Agents and Biological Exposure Indices," 2003 edition. 4 "Chronic Pollutant" means any noncarcinogenic air pollutant for 5 which a threshold limit value - time weighted average (TLV-TWA) having 6 no threshold limit value - ceiling (TLV-C) has been adopted by the 7 American Conference of Governmental Industrial Hygienists in its 8 "Threshold Limit Values for Chemical Substances and Physical Agents 9 and Biological Exposure Indices," 2003 edition. 10 "Dioxins" and "Furans" mean total tetra- through octachlorinated 11 dibenzo-p-dioxins and dibenzofurans. 12 "Emissions unit" means emissions unit as defined in R307-415-3. 13 "Large Major Source" means a major source that emits or has the 14 potential to emit 2500 tons or more per year of oxides of sulfur, oxides 15 of nitrogen, or carbon monoxide, or that emits or has the potential 16 to emit 250 tons or more per year of PM10, PM2.5, volatile organic 17 compounds, or ammonia. 18 "Lead" means elemental lead and the portion of its compounds 19 measured as elemental lead. 20 "Major Source" means major source as defined in R307-415-3. 21 22 R307-150-3. Applicability. 23 (1) R307-150-4 applies to all stationary sources with actual 24 emissions of 100 tons or more per year of sulfur dioxide in calendar 25 year 2000 or any subsequent year unless exempted in (a) below. Sources 26 subject to R307-150-4 may be subject to other sections of R307-150. 27 (a) A stationary source that meets the requirements of 28 R307-150-3(1) that has permanently ceased operation is exempt from the 29 requirements of R307-150-4 for all years during which the source did 30 not operate at any time during the year. 31 (b) Except as provided in [(a) above]R307-150-3(1)(a), any 32 source that meets the criteria of R307-150-3(1) and that emits less 33 than 100 tons per year of sulfur dioxide in any subsequent year shall 34 remain subject to the requirements of R307-150-4 until 2018 or until 35 the first control period under the Western Backstop Sulfur Dioxide 36 Trading Program as established in R307-250-12(1)(a), whichever is 37 earlier. 38 (2) R307-150-5 applies to large major sources. 39 (3) R307-150-6 applies to: 40 (a) each major source that is not a large major source; 41 (b) each source with the potential to emit 5 tons or more per 42 year of lead; and 43 (c) each source not included in R307-150-3(2), 44 [or] R307-150-3(3)(a), or R307-150-3(3)(b) [above] that is located in 45 Davis, Salt Lake, Utah, or Weber Counties and that has the potential 46 to emit 25 tons or more per year of any combination of oxides of 47

R307-150 August 23 2017 Page 3 of 6

nitrogen, oxides of sulfur and PM10, or the potential to emit 10 tons 1 or more per year of volatile organic compounds. 2 (4) R307-150-7 applies to Part 70 sources not included in [(2) 3 or (3) above]R307-150-3(2) or R307-150-3(3). 4 (5) R307-150-9 applies to sources with Standard Industrial 5 Classification codes in the major group 13 that have actual emissions 6 greater than one ton per year. These sources include, but are not 7 limited to, industries involved in oil and natural gas exploration, 8 production, and transmission operations; well production facilities; 9 natural gas compressor stations; and natural gas processing plants and 10 commercial oil and gas disposal wells, ponds and sites. 11 (a) Sources that require inventory submittals under 12 R307-150-3(1) through R307-150-3(4) are excluded from the 13 requirements of R307-150-9. 14 15 R307-150-4. Sulfur Dioxide Milestone Inventory Requirements. 16 (1) Annual Sulfur Dioxide Emission Report. 17 (a) Sources identified in R307-150-3(1) shall submit an annual 18 inventory of sulfur dioxide emissions beginning with calendar year 19 2003 for all emissions units including fugitive emissions. 20 (b) The inventory shall include the rate and period of 21 emissions, excess or breakdown emissions, startup and shut down 22 emissions, the specific emissions unit that is the source of the air 23 pollution, type and efficiency of the air pollution control equipment, 24 percent of sulfur content in fuel and how the percent is calculated, 25 and other information necessary to quantify operation and emissions 26 and to evaluate pollution control efficiency. The emissions of a 27 pollutant shall be calculated using the source's actual operating 28 hours, production rates, and types of materials processed, stored, or 29 combusted during the inventoried time period. 30 (2) Each source subject to R307-150-4 that is also subject to 31 40 CFR Part 75 reporting requirements shall submit a summary report 32 of annual sulfur dioxide emissions that were reported to the 33 Environmental Protection Agency under 40 CFR Part 75 in lieu of the 34 reporting requirements in (1) above. 35 (3) Changes in Emission Measurement Techniques. Each source 36 subject to R307-150-4 that uses a different emission monitoring or 37 calculation method than was used to report their sulfur dioxide 38 emissions in 2006 under R307-150 or 40 CFR Part 75 shall adjust their 39 reported emissions to be comparable to the emission monitoring or 40 calculation method that was used in 2006. The calculations that are 41 used to make this adjustment shall be included with the annual emission 42 report. 43 44 R307-150-5. Sources Identified in R307-150-3(2), Large Major Source 45 Inventory Requirements. 46 (1) Each large major source shall submit an emission inventory 47

R307-150 August 23 2017 Page 4 of 6

annually beginning with calendar year 2002. The inventory shall 1 include PM10, PM2.5, oxides of sulfur, oxides of nitrogen, carbon 2 monoxide, volatile organic compounds, and ammonia for all emissions 3 units including fugitive emissions. 4 (2) For every third year beginning with 2005, the inventory 5 shall also include all other chargeable pollutants and hazardous air 6 pollutants not exempted in R307-150-8. 7 (3) For each pollutant specified in (1) or (2) above, the 8 inventory shall include the rate and period of emissions, excess or 9 breakdown emissions, startup and shut down emissions, the specific 10 emissions unit that is the source of the air pollution, composition 11 of air pollutant, type and efficiency of the air pollution control 12 equipment, and other information necessary to quantify operation and 13 emissions and to evaluate pollution control efficiency. The 14 emissions of a pollutant shall be calculated using the source's actual 15 operating hours, production rates, and types of materials processed, 16 stored, or combusted during the inventoried time period. 17 18 R307-150-6. Sources Identified in R307-150-3(3). 19 (1) Each source identified in R307-150-3(3) shall submit an 20 inventory every third year beginning with calendar year 2002 for all 21 emissions units including fugitive emissions. 22 (a) The inventory shall include PM10, PM2.5, oxides of sulfur, 23 oxides of nitrogen, carbon monoxide, volatile organic compounds, 24 ammonia, other chargeable pollutants, and hazardous air pollutants not 25 exempted in R307-150-8. 26 (b) For each pollutant, the inventory shall include the rate and 27 period of emissions, excess or breakdown emissions, startup and shut 28 down emissions, the specific emissions unit which is the source of the 29 air pollution, composition of air pollutant, type and efficiency of 30 the air pollution control equipment, and other information necessary 31 to quantify operation and emissions and to evaluate pollution control 32 efficiency. The emissions of a pollutant shall be calculated using 33 the source's actual operating hours, production rates, and types of 34 materials processed, stored, or combusted during the inventoried time 35 period. 36 (2) Sources identified in R307-150-3(3) shall submit an 37 inventory for each year after 2002 in which the total amount of PM10, 38 oxides of sulfur, oxides of nitrogen, carbon monoxide, or volatile 39 organic compounds increases or decreases by 40 tons or more per year 40 41 from the most recently submitted inventory. For each pollutant, the 42 inventory shall meet the requirements of R307-150-6(1)(a) and (b). 43 44 R307-150-7. Sources Identified in R307-150-3(4), Other Part 70 45 Sources. 46 (1) Sources identified in R307-150-3(4) shall submit the 47

R307-150 August 23 2017 Page 5 of 6

following emissions inventory every third year beginning with calendar 1 year 2002 for all emission units including fugitive emissions. 2 (2) Sources identified in R307-150-3(4) shall submit an 3 inventory for each year after 2002 in which the total amount of PM10, 4 oxides of sulfur, oxides of nitrogen, carbon monoxide, or volatile 5 organic compounds increases or decreases by 40 tons or more per year 6 from the most recently submitted inventory. 7 (3) The emission inventory shall include individual pollutant 8 totals of all chargeable pollutants not exempted in R307-150-8. 9 10 R307-150-8. Exempted Hazardous Air Pollutants. 11 (1) The following air pollutants are exempt from this rule if 12 they are emitted in an amount less than that listed in Table 1. 13 14 TABLE 1 15 16 POLLUTANT Pounds/year 17 Arsenic 0.21 18 Benzene 33.90 19 Beryllium 0.04 20 Ethylene oxide 38.23 21 Formaldehyde 5.83 22 23 (2) Hazardous air pollutants, except for dioxins or furans, are 24 exempt from being reported if they are emitted in an amount less than 25 the smaller of the following: 26 (a) 500 pounds per year; or 27 (b) for acute pollutants, the applicable TLV-C expressed in 28 milligrams per cubic meter and multiplied by 15.81 to obtain the 29 pounds-per-year threshold; or 30 (c) for chronic pollutants, the applicable TLV-TWA expressed in 31 milligrams per cubic meter and multiplied by 21.22 to obtain the 32 pounds-per-year threshold; or 33 (d) for carcinogenic pollutants, the applicable TLV-C or 34 TLV-TWA expressed in milligrams per cubic meter and multiplied by 7.07 35 to obtain the pounds-per-year threshold. 36 37 R307-150-9 Crude Oil and Natural Gas Source Category 38 (1) Sources identified in R307-150-3(5) shall submit an 39 inventory every third year beginning with the 2017 calendar year for 40 all emission units. 41 (a) The inventory shall include the total emissions for PM10, 42 PM2.5, oxides of sulfur, oxides of nitrogen, carbon monoxide and 43 volatile organic compounds for each emission unit at the source. The 44 emissions of a pollutant shall be calculated using the emission unit’s 45 actual operating hours, product rates, and types of materials 46 processed, stored, or combusted during the inventoried time period.47

R307-150 August 23 2017 Page 6 of 6

(b) The inventory shall include the type and efficiency of air 1 pollution control equipment. 2 (c) The inventory shall be submitted in an electronic format 3 determined by the Director specific to this source category. 4 5 6 KEY: air pollution, reports, inventories 7 Date of Enactment or Last Substantive Amendment: [December 15, 8 2015]2017 9 Notice of Continuation: January 28, 2014 10 Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(c) 11

R307-401 August 23 2017 Page 1 of 15

R307. Environmental Quality, Air Quality. 1 R307-401. Permit: New and Modified Sources. 2 R307-401-1. Purpose. 3 This rule establishes the application and permitting 4 requirements for new installations and modifications to existing 5 installations throughout the State of Utah. Additional permitting 6 requirements apply to larger installations or installations located 7 in nonattainment or maintenance areas. These additional requirements 8 can be found in R307-403, R307-405, R307-406, R307-420, and R307-421. 9 Modeling requirements in R307-410 may also apply. Each of the 10 permitting rules establishes independent requirements, and the owner 11 or operator must comply with all of the requirements that apply to the 12 installation. Exemptions under R307-401 do not affect applicability 13 of the other permitting rules. 14 15 R307-401-2. Definitions. 16 [(1) The following additional definitions apply to R307-401.] 17 "Actual emissions" (a) means the actual rate of emissions of an 18 air contaminant from an emissions unit, as determined in accordance 19 with [paragraphs] R307-401-2(b) through R307-401-2(d) [below]. 20 (b) In general, actual emissions as of a particular date shall 21 equal the average rate, in tons per year, at which the unit actually 22 emitted the air contaminant during a consecutive 24-month period which 23 precedes the particular date and which is representative of normal 24 source operation. The director shall allow the use of a different time 25 period upon a determination that it is more representative of normal 26 source operation. Actual emissions shall be calculated using the 27 unit's actual operating hours, production rates, and types of 28 materials processed, stored, or combusted during the selected time 29 period. 30 (c) The director may presume that source-specific allowable 31 emissions for the unit are equivalent to the actual emissions of the 32 unit. 33 (d) For any emissions unit that has not begun normal operations 34 on the particular date, actual emissions shall equal the potential to 35 emit of the unit on that date. 36 "Best available control technology" means an emissions 37 limitation (including a visible emissions standard) based on the 38 maximum degree of reduction for each air contaminant which would be 39 emitted from any proposed stationary source or modification which the 40 director, on a case-by-case basis, taking into account energy, 41 environmental, and economic impacts and other costs, determines is 42 achievable for such source or modification through application of 43 production processes or available methods, systems, and techniques, 44 including fuel cleaning or treatment or innovative fuel combustion 45 techniques for control of such pollutant. In no event shall 46 application of best available control technology result in emissions 47

R307-401 August 23 2017 Page 2 of 15

of any pollutant which would exceed the emissions allowed by any 1 applicable standard under 40 CFR parts 60 and 61. If the director 2 determines that technological or economic limitations on the 3 application of measurement methodology to a particular emissions unit 4 would make the imposition of an emissions standard infeasible, a 5 design, equipment, work practice, operational standard or combination 6 thereof, may be prescribed instead to satisfy the requirement for the 7 application of best available control technology. Such standard 8 shall, to the degree possible, set forth the emissions reduction 9 achievable by implementation of such design, equipment, work practice 10 or operation, and shall provide for compliance by means which achieve 11 equivalent results. 12 "Building, structure, facility, or installation" means all of the 13 pollutant-emitting activities which belong to the same industrial 14 grouping, are located on one or more contiguous or adjacent properties, 15 and are under the control of the same person (or persons under common 16 control) except the activities of any vessel. Pollutant-emitting 17 activities shall be considered as part of the same industrial grouping 18 if they belong to the same Major Group (i.e., which have the same 19 two-digit code) as described in the Standard Industrial Classification 20 Manual, 1972, as amended by the 1977 Supplement (U.S. Government 21 Printing Office stock numbers 4101-0066 and 003-005-00176-0, 22 respectively). 23 "Construction" means any physical change or change in the method 24 of operation (including fabrication, erection, installation, 25 demolition, or modification of an emissions unit) that would result 26 in a change in emissions. 27 "Emissions unit" means any part of a stationary source that emits 28 or would have the potential to emit any air contaminant. 29 "Fugitive emissions" means those emissions which could not 30 reasonably pass through a stack, chimney, vent, or other functionally 31 equivalent opening. 32 "Indirect source" means a building, structure, facility or 33 installation which attracts or may attract mobile source activity that 34 results in emission of a pollutant for which there is a national 35 standard. 36 "Potential to emit" means the maximum capacity of a stationary 37 source to emit an air contaminant under its physical and operational 38 design. Any physical or operational limitation on the capacity of the 39 source to emit a pollutant, including air pollution control equipment 40 and restrictions on hours of operation or on the type or amount of 41 material combusted, stored, or processed, shall be treated as part of 42 its design if the limitation or the effect it would have on emissions 43 is enforceable. Secondary emissions do not count in determining the 44 potential to emit of a stationary source. 45 "Secondary emissions" means emissions which occur as a result of 46 the construction or operation of a major stationary source or major 47

R307-401 August 23 2017 Page 3 of 15

modification, but do not come from the major stationary source or major 1 modification itself. Secondary emissions include emissions from any 2 offsite support facility which would not be constructed or increase 3 its emissions except as a result of the construction or operation of 4 the major stationary source or major modification. Secondary emissions 5 do not include any emissions which come directly from a mobile source, 6 such as emissions from the tailpipe of a motor vehicle, from a train, 7 or from a vessel. 8 "Stationary source" means any building, structure, facility, or 9 installation which emits or may emit an air contaminant. 10 11 R307-401-3. Applicability. 12 (1) R307-401 applies to any person intending to: 13 (a) construct a new installation which will or might reasonably 14 be expected to become a source or an indirect source of air pollution, 15 or 16 (b) make modifications or relocate an existing installation 17 which will or might reasonably be expected to increase the amount or 18 change the effect of, or the character of, air contaminants discharged, 19 so that such installation may be expected to become a source or indirect 20 source of air pollution, or 21 (c) install a control apparatus or other equipment intended to 22 control emissions of air contaminants. 23 (2) R307-403, R307-405 and R307-406 may establish additional 24 permitting requirements for new or modified sources. 25 (a) Exemptions contained in R307-401 do not affect 26 applicability or other requirements under R307-403, R307-405 or 27 R307-406. 28 (b) Exemptions contained in R307-403, R307-405 or R307-406 do 29 not affect applicability or other requirements under R307-401, unless 30 specifically authorized in this rule. 31 32 33 R307-401-4. General Requirements. 34 The general requirements in R307-401-4(1) through R307-401-4(3) 35 [below] apply to all new and modified installations, including 36 installations that are exempt from the requirement to obtain an 37 approval order. 38 (1) Any control apparatus installed on an installation shall be 39 adequately and properly maintained. 40 (2) If the director determines that an exempted installation is 41 not meeting an approval order or State Implementation Plan limitation, 42 is creating an adverse impact to the environment, or would be injurious 43 to human health or welfare, then the director may require the owner 44 or operator to submit a notice of intent and obtain an approval order 45 in accordance with R307-401-5 through R307-401-8. The director will 46 complete an appropriate analysis and evaluation in consultation with 47

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the owner or operator before determining that an approval order is 1 required. 2 (3) Low Oxides of Nitrogen Burner Technology. 3 (a) Except as provided in R307-401-4(3)(b) [below], whenever 4 existing fuel combustion burners are replaced, the owner or operator 5 shall install low oxides of nitrogen burners or equivalent oxides of 6 nitrogen controls, as determined by the director, unless such 7 equipment is not physically practical or cost effective. The owner or 8 operator shall submit a demonstration that the equipment is not 9 physically practical or cost effective to the director for review and 10 approval prior to beginning construction. 11 (b) The provisions of (a) above do not apply to non-commercial, 12 residential buildings. 13 14 R307-401-5. Notice of Intent. 15 (1) Except as provided in R307-401-9 through R307-401-17, any 16 person subject to R307-401 shall submit a notice of intent to the 17 director and receive an approval order prior to initiation of 18 construction, modification or relocation. The notice of intent shall 19 be in a format specified by the director. 20 (2) The notice of intent shall include the following 21 information: 22 (a) A description of the nature of the processes involved; the 23 nature, procedures for handling and quantities of raw materials; the 24 type and quantity of fuels employed; and the nature and quantity of 25 finished product. 26 (b) Expected composition and physical characteristics of 27 effluent stream both before and after treatment by any control 28 apparatus, including emission rates, volume, temperature, air 29 contaminant types, and concentration of air contaminants. 30 (c) Size, type and performance characteristics of any control 31 apparatus. 32 (d) An analysis of best available control technology for the 33 proposed source or modification. When determining best available 34 control technology for a new or modified source in an ozone 35 nonattainment or maintenance area that will emit volatile organic 36 compounds or nitrogen oxides, the owner or operator of the source shall 37 consider EPA Control Technique Guidance (CTG) documents and 38 Alternative Control Technique documents that are applicable to the 39 source. Best available control technology shall be at least as 40 stringent as any published CTG that is applicable to the source. 41 (e) Location and elevation of the emission point and other 42 factors relating to dispersion and diffusion of the air contaminant 43 in relation to nearby structures and window openings, and other 44 information necessary to appraise the possible effects of the 45 effluent. 46 (f) The location of planned sampling points and the tests of the 47

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completed installation to be made by the owner or operator when 1 necessary to ascertain compliance. 2 (g) The typical operating schedule. 3 (h) A schedule for construction. 4 (i) Any plans, specifications and related information that are 5 in final form at the time of submission of notice of intent. 6 (j) Any additional information required by: 7 (i) R307-403, Permits: New and Modified Sources in 8 Nonattainment Areas and Maintenance Areas; 9 (ii) R307-405, Permits: Major Sources in Attainment or 10 Unclassified Areas (PSD); 11 (iii) R307-406, Visibility; 12 (iv) R307-410, Emissions Impact Analysis; 13 (v) R307-420, Permits: Ozone Offset Requirements in Davis and 14 Salt Lake Counties; or 15 (vi) R307-421, Permits: PM10 Offset Requirements in Salt Lake 16 County and Utah County. 17 (k) Any other information necessary to determine if the proposed 18 source or modification will be in compliance with Title R307. 19 (3) Notwithstanding the exemption in R307-401-9 20 through R307-401-16, any person that is subject to R307-403, R307-405, 21 or R307-406 shall submit a notice of intent to the director and receive 22 an approval order prior to initiation of construction, modification, 23 or relocation. 24 25 26 R307-401-6. Review Period. 27 (1) Completeness Determination. Within 30 days after receipt of 28 a notice of intent, or any additional information necessary to the 29 review, the director will advise the applicant of any deficiency in 30 the notice of intent or the information submitted. 31 (2) Within 90 days of receipt of a complete application 32 including all the information described in R307- 401-5, the director 33 will 34 (a) issue an approval order for the proposed construction, 35 installation, modification, relocation, or establishment pursuant to 36 the requirements of R307-401-8, or 37 (b) issue an order prohibiting the proposed construction, 38 installation, modification, relocation or establishment if it is 39 deemed that any part of the proposal is inadequate to meet the 40 applicable requirements of R307. 41 (3) The review period under R307-401-6(2) [above] may be 42 extended by up to three 30-day extensions if more time is needed to 43 review the proposal. 44 45 R307-401-7. Public Notice. 46 (1) Issuing the Notice. Prior to issuing an approval or 47

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disapproval order, the director will advertise intent to approve or 1 disapprove in a newspaper of general circulation in the locality of 2 the proposed construction, installation, modification, relocation or 3 establishment. 4 (2) Opportunity for Review and Comment. 5 (a) At least one location will be provided where the information 6 submitted by the owner or operator, the director's analysis of the 7 notice of intent proposal, and the proposed approval order conditions 8 will be available for public inspection. 9 (b) Public Comment. 10 (i) A 30-day public comment period will be established. 11 (ii) A request to extend the length of the comment period, up 12 to 30 days, may be submitted to the director within 15 days of the date 13 the notice in R307-401-7(1) is published. 14 (iii) Public Hearing. A request for a hearing on the proposed 15 approval or disapproval order may be submitted to the director within 16 15 days of the date the notice in R307-401-7(1) is published. 17 (iv) The hearing will be held in the area of the proposed 18 construction, installation, modification, relocation or 19 establishment. 20 (v) The public comment and hearing procedure shall not be 21 required when an order is issued for the purpose of extending the time 22 required by the director to review plans and specifications. 23 (3) The director will consider all comments received during the 24 public comment period and at the public hearing and, if appropriate, 25 will make changes to the proposal in response to comments before 26 issuing an approval order or disapproval order. 27 28 R307-401-8. Approval Order. 29 (1) The director will issue an approval order if the following 30 conditions have been met: 31 (a) The degree of pollution control for emissions, to include 32 fugitive emissions and fugitive dust, is at least best available 33 control technology. When determining best available control 34 technology for a new or modified source in an ozone nonattainment or 35 maintenance area that will emit volatile organic compounds or nitrogen 36 oxides, best available control technology shall be at least as 37 stringent as any Control Technique Guidance document that has been 38 published by EPA that is applicable to the source. 39 (b) The proposed installation will meet the applicable 40 requirements of: 41 (i) R307-403, Permits: New and Modified Sources in 42 Nonattainment Areas and Maintenance Areas; 43 (ii) R307-405, Permits: Major Sources in Attainment or 44 Unclassified Areas (PSD); 45 (iii) R307-406, Visibility; 46 (iv) R307-410, Emissions Impact Analysis; 47

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(v) R307-420, Permits: Ozone Offset Requirements in Davis and 1 Salt Lake Counties; 2 (vi) R307-210, National Standards of Performance for New 3 Stationary Sources; 4 (vii) National Primary and Secondary Ambient Air Quality 5 Standards; 6 (viii) R307-214, National Emission Standards for Hazardous Air 7 Pollutants; 8 (ix) R307-110, Utah State Implementation Plan; and 9 (x) all other provisions of R307. 10 (2) The approval order will require that all pollution control 11 equipment be adequately and properly maintained. 12 (3) Receipt of an approval order does not relieve any owner or 13 operator of the responsibility to comply with the provisions of R307 14 or the State Implementation Plan. 15 (4) To accommodate staged construction of a large source, the 16 director may issue an order authorizing construction of an initial 17 stage prior to receipt of detailed plans for the entire proposal 18 provided that, through a review of general plans, engineering reports 19 and other information the proposal is determined feasible by the 20 director under the intent of R307. Subsequent detailed plans will then 21 be processed as prescribed in this paragraph. For staged construction 22 projects the previous determination under R307-401-8(1) and (2) will 23 be reviewed and modified as appropriate at the earliest reasonable time 24 prior to commencement of construction of each independent phase of the 25 proposed source or modification. 26 (5) If the director determines that a proposed stationary 27 source, modification or relocation does not meet the conditions 28 established in (1) above, the director will not issue an approval 29 order. 30 31 R307-401-9. Small Source Exemption. 32 (1) A small stationary source is exempt[ed] from the requirement 33 to obtain an approval order in R307-401-5 through R307-401-8 if the 34 following conditions are met. 35 (a) its actual emissions are less than 5 tons per year per air 36 contaminant of any of the following air contaminants: sulfur dioxide, 37 carbon monoxide, nitrogen oxides, PM10, ozone, or volatile organic 38 compounds; 39 (b) its actual emissions are less than 500 pounds per year of 40 any hazardous air pollutant and less than 2000 pounds per year of any 41 combination of hazardous air pollutants; 42 (c) its actual emissions are less than 500 pounds per year of 43 any air contaminant not listed in (a)( or (b) above and less than 2000 44 pounds per year of any combination of air contaminants not listed in 45 (a) or (b) above. 46 (d) Air contaminants that are drawn from the environment through 47

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equipment in intake air and then are released back to the environment 1 without chemical change, as well as carbon dioxide, nitrogen, oxygen, 2 argon, neon, helium, krypton, xenon should not be included in emission 3 calculations when determining applicability under (a) through (c) 4 above. 5 (2) The owner or operator of a source that is exempted from the 6 requirement to obtain an approval order under (1) above shall no longer 7 be exempt if actual emissions in any subsequent year exceed the 8 emission thresholds in (1) above. The owner or operator shall submit 9 a notice of intent under R307-401-5 no later than 180 days after the 10 end of the calendar year in which the source exceeded the emission 11 threshold. 12 (3) Small Source Exemption - Registration. The director will 13 maintain a registry of sources that are claiming an exemption under 14 R307-401-9. The owner or operator of a stationary source that is 15 claiming an exemption under R307-401-9 may submit a written 16 registration notice to the director. The notice shall include the 17 following minimum information: 18 (a) identifying information, including company name and 19 address, location of source, telephone number, and name of plant site 20 manager or point of contact; 21 (b) a description of the nature of the processes involved, 22 equipment, anticipated quantities of materials used, the type and 23 quantity of fuel employed and nature and quantity of the finished 24 product; 25 (c) identification of expected emissions; 26 (d) estimated annual emission rates; 27 (e) any control apparatus used; and 28 (f) typical operating schedule. 29 (4) An exemption under R307-401-9 does not affect the 30 requirements of R307-401-17, Temporary Relocation. 31 (5) A stationary source that is not required to obtain a permit 32 under R307-405 for greenhouse gases, as defined in R307-405-3(9)(a), 33 is not required to obtain an approval order for greenhouse gases under 34 R307-401. This exemption does not affect the requirement to obtain 35 an approval order for any other air contaminant emitted by the 36 stationary source. 37 38 R307-401-10. Source Category Exemptions. 39 The [following] source categories described in R307-401-10[(1) 40 through (5) below] are exempt[ed] from the requirement to obtain an 41 approval order found in R307-401-5 through R307-401-8. The general 42 provisions in R307-401-4 shall apply to these sources. 43 (1) Fuel-burning equipment in which combustion takes place at 44 no greater pressure than one inch of mercury above ambient pressure 45 with a rated capacity of less than five million BTU per hour using no 46 other fuel than natural gas or LPG or other mixed gas that meets the 47

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standards of gas distributed by a utility in accordance with the rules 1 of the Public Service Commission of the State of Utah, unless there 2 are emissions other than combustion products. 3 (2) Comfort heating equipment such as boilers, water heaters, 4 air heaters and steam generators with a rated capacity of less than 5 one million BTU per hour if fueled only by fuel oil numbers 1 - 6, 6 (3) Emergency heating equipment, using coal or wood for fuel, 7 with a rated capacity less than 50,000 BTU per hour. 8 (4) Exhaust systems for controlling steam and heat that do not 9 contain combustion products. 10 (5) A well site as defined in 40 CFR 60.5430a, that is not a major 11 source as defined in R307-101-2, and is registered with the Division 12 as required by R307-505. 13 14 R307-401-11. Replacement-in-Kind Equipment. 15 (1) Applicability. Existing process equipment or pollution 16 control equipment that is covered by an existing approval order or 17 State Implementation Plan requirement may be replaced using the 18 procedures in (2) below if: 19 (a) the potential to emit of the process equipment is the same 20 or lower; 21 (b) the number of emission points or emitting units is the same 22 or lower; 23 (c) no additional types of air contaminants are emitted as a 24 result of the replacement; 25 (d) the process equipment or pollution control equipment is 26 identical to or functionally equivalent to the replaced equipment; 27 (e) the replacement does not change the basic design parameters 28 of the process unit or pollution control equipment; 29 (f) the replaced process equipment or pollution control 30 equipment is permanently removed from the stationary source, otherwise 31 permanently disabled, or permanently barred from operation; 32 (g) the replacement process equipment or pollution control 33 equipment does not trigger New Source Performance Standards or 34 National Emissions Standards for Hazardous Air Pollutants under 42 35 U.S.C. 7411 or 7412; and 36 (h) the replacement of the control apparatus or process 37 equipment does not violate any other provision of Title R307. 38 (2) Replacement-in-Kind Procedures. 39 (a) In lieu of filing a notice of intent under R307-401-5, the 40 owner or operator of a stationary source shall submit a written 41 notification to the director before replacing the equipment. The 42 notification shall contain a description of the replacement-in-kind 43 equipment, including the control capability of any control apparatus 44 and a demonstration that the conditions of (1) above are met. 45 (b) If the replacement-in-kind meets the conditions of (1) 46 above, the director will update the source's approval order and notify 47

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the owner or operator. Public review under R307-401-7 is not required 1 for the update to the approval order. 2 (3) If the replaced process equipment or pollution control 3 equipment is brought back into operation, it shall constitute a new 4 emissions unit. 5 6 R307-401-12. Reduction in Air Contaminants. 7 (1) Applicability. The owner or operator of a stationary source 8 of air contaminants that reduces or eliminates air contaminants is 9 exempt from the requirement to submit a notice of intent and obtain 10 an approval order prior to construction if: 11 (a) the project does not increase the potential to emit of any 12 air contaminant or cause emissions of any new air contaminant, and 13 (b) the director is notified of the change and the reduction of 14 air contaminants is made enforceable through an approval order in 15 accordance with (2) below. 16 (2) Notification. The owner or operator shall submit a written 17 description of the project to the director no later than 60 days after 18 the changes are made. The director will update the source's approval 19 order or issue a new approval order to include the project and to make 20 the emission reductions enforceable. Public review under R307-401-7 21 is not required for the update to the approval order. 22 23 R307-401-13. Plantwide Applicability Limits. 24 A plantwide applicability limit under R307-405-21 does not exempt 25 a stationary source from the requirements of R307-401. 26 27 R307-401-14. Used Oil Fuel Burned for Energy Recovery. 28 (1) Definitions. 29 "Boiler" means boiler as defined in R315-1-1(b). 30 "Used Oil" is defined as any oil that has been refined from crude 31 oil, used, and, as a result of such use contaminated by physical or 32 chemical impurities. 33 (2) Boilers burning used oil for energy recovery are exempt[ed] 34 from the requirement to obtain an approval order in R307-401-5 35 through R307-401-8 if the following requirements are met: 36 (a) the heat input design is less than one million BTU/hr; 37 (b) contamination levels of all used oil to be burned do not 38 exceed any of the following values: 39 (i) arsenic - 5 ppm by weight, 40 (ii) cadmium - 2 ppm by weight, 41 (iii) chromium - 10 ppm by weight, 42 (iv) lead - 100 ppm by weight, 43 (v) total halogens - 1,000 ppm by weight, 44 (vi) Sulfur - 0.50% by weight; and 45 (c) the flash point of all used oil to be burned is at least 100 46 degrees Fahrenheit. 47

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(3) Testing. The owner or operator shall test each load of used 1 oil received or generated as directed by the director to ensure it meets 2 these requirements. Testing may be performed by the owner/operator or 3 documented by test reports from the used fuel oil vendor. The flash 4 point shall be measured using the appropriate ASTM method as required 5 by the director. Records for used oil consumption and test reports are 6 to be kept for all periods when fuel-burning equipment is in operation. 7 The records shall be kept on site and made available to the director 8 or the director's representative upon request. Records must be kept 9 for a three-year period. 10 11 R307-401-15. Air Strippers and Soil Venting Projects. 12 (1) The owner or operator of an air stripper or soil venting 13 system that is used to remediate contaminated groundwater or soil is 14 exempt from the notice of intent and approval order requirements of 15 R307-401-5 through R307-401-8 if the following conditions are met: 16 (a) the estimated total air emissions of volatile organic 17 compounds from a given project are less than the de minimis emissions 18 listed in R307-401-9(1)(a), and 19 (b) the level of any one hazardous air pollutant or any 20 combination of hazardous air pollutants is below the levels listed in 21 R307-410-5(1)(c)(i)(C). 22 (2) The owner or operator shall submit documentation that the 23 project meets the exemption requirements in R307-401-15(1) to the 24 director prior to beginning the remediation project. 25 (3) After beginning the soil remediation project, the owner or 26 operator shall submit emissions information to the director to verify 27 that the emission rates of the volatile organic compounds and hazardous 28 air pollutants in R307-401-15(1) are not exceeded. 29 (a) Emissions estimates of volatile organic compounds shall be 30 based on test data obtained in accordance with the test method in the 31 EPA document SW-846, Test #8260c or 8261a, or the most recent EPA 32 revision of either test method if approved by the director. 33 (b) Emissions estimates of hazardous air pollutants shall be 34 based on test data obtained in accordance with the test method in EPA 35 document SW-846, Test #8021B or the most recent EPA revision of the 36 test method if approved by the director. 37 (c) Results of the test and calculated annual quantity of 38 emissions of volatile organic compounds and hazardous air pollutants 39 shall be submitted to the director within one month of sampling. 40 (d) The test samples shall be drawn on intervals of no less than 41 twenty-eight days and no more than thirty-one days (i.e., monthly) for 42 the first quarter, quarterly for the first year, and semi-annually 43 thereafter or as determined necessary by the director. 44 (4) The following control devices do not require a notice of 45 intent or approval order when used in relation to an air stripper or 46 soil venting project exempted under R307-401-15: 47

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(a) thermodestruction unit with a rated input capacity of less 1 than five million BTU per hour using no other auxiliary fuel than 2 natural gas or LPG, or 3 (b) carbon adsorption unit. 4 5 R307-401-16. De minimis Emissions From Soil Aeration Projects. 6 An owner or operator of a soil remediation project is not subject 7 to the notice of intent and approval order requirements of R307-401-5 8 through R307-401-8 when soil aeration or land farming is used to 9 conduct a soil remediation, if the owner or operator submits the 10 following information to the director prior to beginning the 11 remediation project: 12 (1) documentation that the estimated total air emissions of 13 volatile organic compounds, using an appropriate sampling method, from 14 the project are less than the de minimis emissions listed in 15 R307-401-9(1)(a); 16 (2) documentation that the levels of any one hazardous air 17 pollutant or any combination of hazardous air pollutants are less than 18 the levels in R307-410-5(1)(d); and 19 (3) the location of the remediation and where the remediated 20 material originated. 21 22 R307-401-17. Temporary Relocation. 23 The owner or operator of a stationary source previously approved 24 under R307-401 may temporarily relocate and operate the stationary 25 source at any site for up to 180 working days in any calendar year not 26 to exceed 365 consecutive days, starting from the initial relocation 27 date. The director will evaluate the expected emissions impact at the 28 site and compliance with applicable Title R307 rules as the bases for 29 determining if approval for temporary relocation may be granted. 30 Records of the working days at each site, consecutive days at each site, 31 and actual production rate shall be submitted to the director at the 32 end of each 180 calendar days. These records shall also be kept on site 33 by the owner or operator for the entire project, and be made available 34 for review to the director as requested. R307-401-7, Public Notice, 35 does not apply to temporary relocations under R307-401-17. 36 37 38 39 R307-401-18. Eighteen Month Review. 40 Approval orders issued by the director in accordance with the 41 provisions of R307-401 will be reviewed eighteen months after the date 42 of issuance to determine the status of construction, installation, 43 modification, relocation or establishment. If a continuous program of 44 construction, installation, modification, relocation or 45 establishment is not proceeding, the director may revoke the approval 46 order. 47

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1 R307-401-19. General Approval Order. 2 (1) The director may issue a general approval order that would 3 establish conditions for similar new or modified sources of the same 4 type or for specific types of equipment. The general approval order 5 may apply throughout the state or in a specific area. 6 (a) A major source or major modification as defined in R307-403, 7 R307-405, or R307-420 for each respective area is not eligible for 8 coverage under a general approval order. 9 (b) A source that is subject to the requirements of R307-403-5 10 is not eligible for coverage under a general approval order. 11 (c) A source that is subject to the requirements of R307-410-4 12 is not eligible for coverage under a general approval order unless a 13 demonstration that meets the requirements of R307-410-4 was conducted. 14 (d) A source that is subject to the requirements of 15 R307-410-5(1)(c)(ii) is not eligible for coverage under a general 16 approval order unless a demonstration that meets the requirements of 17 R307-410-5(1)(c)(ii) was conducted. 18 (e) A source that is subject to the requirements of 19 R307-410-5(1)(c)(iii) is not eligible for coverage under a general 20 approval order. 21 (2) A general approval order shall meet all applicable 22 requirements of R307-401-8. 23 (3) The public notice requirements in R307-401-7 shall apply to 24 a general approval order except that the director will advertise the 25 notice of intent in a newspaper of statewide circulation. 26 (4) Application. 27 (a) After a general approval order has been issued, the owner 28 or operator of a proposed new or modified source may apply to be covered 29 under the conditions of the general approval order. 30 (b) The owner or operator shall submit the application on forms 31 provided by the director in lieu of the notice of intent requirements 32 in R307-401-5 for all equipment covered by the general approval order. 33 (c) The owner or operator may request that an existing, 34 individual approval order for the source be revoked, and that it be 35 covered by the general approval order. 36 (d) The owner or operator that has applied to be covered by a 37 general approval order shall not initiate construction, modification, 38 or relocation until the application has been approved by the director. 39 (5) Approval. 40 (a) The director will review the application and approve or deny 41 the request based on criteria specified in the general approval order 42 for that type of source. If approved, the director will issue an 43 authorization to the applicant to operate under the general approval 44 order. 45 (b) The public notice requirements in R307-401-7 do not apply 46 to the approval of an application to be covered under the general 47

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approval order. 1 (c) The director will maintain a record of all stationary 2 sources that are covered by a specific general approval order and this 3 record will be available for public review. 4 (6) Exclusions and Revocation. 5 (a) The director may require any source that has applied for or 6 is authorized by a general approval order to submit a notice of intent 7 and obtain an individual approval order under R307-401-8. Cases where 8 an individual approval order will be required include, but are not 9 limited to, the following: 10 (i) the director determines that the source does not meet the 11 criteria specified in the general approval order; 12 (ii) the director determines that the application for the 13 general approval order did not contain all necessary information to 14 evaluate applicability under the general approval order; 15 (iii) modifications were made to the source that were not 16 authorized by the general approval order or an individual approval 17 order; 18 (iv) the director determines the source may cause a violation 19 of a national ambient air quality standard; or 20 (v) the director determines that one is required based on the 21 compliance history and current compliance status of the source or 22 applicant. 23 (b)(i) Any source authorized by a general approval order may 24 request to be excluded from the coverage of the general approval order 25 by submitting a notice of intent under R307-401-5 and receiving an 26 individual approval order under R307-401-8. 27 (ii) When the director issues an individual approval order to 28 a source subject to a general approval order, the applicability of the 29 general approval order to the individual source is revoked on the 30 effective date of the individual approval order. 31 (7) Modification of General Approval Order. The director may 32 modify, replace, or discontinue the general approval order. 33 (a) Administrative corrections may be made to the existing 34 version of the general approval order. These corrections are to correct 35 typographical errors or similar minor administrative changes. 36 (b) All other modifications or the discontinuation of a general 37 approval order shall not apply to any source authorized under previous 38 versions of the general approval order unless the owner or operator 39 submits an application to be covered under the new version of the 40 general approval order. Modifications under R307-401-19(7)(b) shall 41 meet the public notice requirements in R307-401-19(3). 42 (c) A general approval order shall be reviewed at least every 43 three year. The review of the general approval order shall follow the 44 public notice requirements of R307-401-19(3). 45 (8) Modifications at a source covered by a general approval order. 46 A source may make modifications only as authorized by the approved 47

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general approval order. Modifications outside the scope authorized by 1 the approved general approval order shall require a new application 2 for either an individual approval order under R307-401-8 or a general 3 approval order under R307-401-19. 4 5 6 KEY: air pollution, permits, approval orders, greenhouse gases 7 Date of Enactment or Last Substantive Amendment: [February 5, 8 2015]2017 9 Notice of Continuation: June 6, 2012 10 Authorizing, and Implemented or Interpreted Law: 19-2-104(3)(q); 11 19-2-108 12

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R307. Environmental Quality, Air Quality. 1 R307-504. Oil and Gas Industry: Tank Truck Loading. 2 R307-504-1. Purpose. 3 R307-504 establishes control requirements for the loading of 4 liquids containing volatile organic compounds (VOCs) at oil or gas well 5 sites. 6 7 R307-504-2. Definitions. 8 [(1)] The definitions in 40 CFR 60, Subpart OOOO Standards of 9 Performance for Crude Oil and Natural Gas Production, Transmission and 10 Distribution that [is]are incorporated by reference in R307-210 apply 11 to R307-504. 12 [(2)] "Bottom Filling" means the filling of a tank through an 13 inlet at or near the bottom of the tank designed to have the opening 14 covered by the liquid after the pipe normally used to withdraw liquid 15 can no longer withdraw any liquid. 16 [(3)] "Submerged Fill Pipe" means any fill pipe with a discharge 17 opening which is entirely submerged when the liquid level is six inches 18 above the bottom of the tank and the pipe normally used to withdraw 19 liquid from the tank can no longer withdraw any liquid. 20 “Vapor Capture Line” means a connection hose, fitted with a valve 21 that can be connected to tanker trucks during truck loading operations, 22 used to collect VOC emissions from truck loading operations. The other 23 end of the vapor capture line is connected to an existing tank battery 24 or enclosed vapor combustor for the destruction of VOC emissions. 25 [(4)] "Well production facility" means all equipment at a single 26 stationary source directly associated with one or more oil wells or 27 gas wells. 28 29 R307-504-3. Applicability. 30 (1) R307-504-4(1) applies to any person who loads or permits the 31 loading of any intermediate hydrocarbon liquid or produced water at 32 source at a well production facility after January 1, 2015. 33 (2) R307-504-4(2) applies to owners and operators that are 34 required to control emissions from storage vessels in accordance with 35 R307-506. 36 37 R307-504-4. Tank Truck Loading Requirements. 38 (1) Tank trucks used for intermediate hydrocarbon liquid or 39 produced water shall be loaded using bottom filling or a submerged fill 40 pipe. 41 (2) VOC emissions during truck loading operations shall be 42 controlled at all times using a vapor capture line. The vapor capture 43 line shall achieve no less than 70% capture efficiency and 98% 44 destruction efficiency (95% efficiency from VOC control device and 3% 45 46 from auto ignitor requirements of R307-503) resulting in an overall 47

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control efficiency of no less than 68.6%. An equivalent control 1 technology can be utilized if approved by the director and capable of 2 meeting or exceeding a 68.6% overall control efficiency. 3 4 KEY: air pollution, oil, gas 5 Date of Enactment or Last Substantive Amendment: [October 7, 6 2014]2017 7 Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a) 8

R307-505 Aug. 23, 2017 Page 1 of 1

R307. Environmental Quality, Air Quality. 1 R307-505. Oil and Gas Industry: Registration Requirements. 2 R307-505-1. Purpose. 3 R307-505 establishes requirements for sources in the oil and 4 gas industry to register with the Division. 5 6 R307-505-2. Applicability. 7 (1) R307-505 applies to new and existing operations at a 8 source with Standard Industrial Classification codes in the major 9 group 13, which includes but is not limited to industries involved 10 in oil and natural gas exploration, production, and transmission 11 operations; well production facilities; natural gas compressor 12 stations; natural gas processing plants and commercial oil and gas 13 disposal wells, and evaporation ponds. 14 (a) A source that is subject to an approval order in 15 accordance with R307-401-8 is exempt from R307-505. 16 17 R307-505-3. Registration Requirements 18 (1) An owner or operator of a source identified in R307-505-19 2 that begins operations on or after January 1, 2018, shall 20 register with the director 30 days prior to commencing operation. 21

(2) An owner or operator of a source identified in R307-505-22 2 that is in operation before January 1, 2018, shall register with 23 the director by July 1, 2018. 24

(3) An owner or operator shall update the registration 25 information within 30 days of any of the following: 26

(a) changes to company name, 27 (b) removal or addition of control devices, or 28 (c) termination of operations. 29 (4) Registration shall be completed online in a format 30

provided by the Division and shall include the following general 31 information; company name, mailing address, source location, 32 source manager or point of contact, process description, capacity 33 and quantity of emitting equipment on-site, fuel type of 34 combustion related equipment (i.e. diesel, natural gas, propane, 35 or field gas), emissions control devices installed, emissions and 36 certification that the facility is in compliance with R307-506 37 through R307-510. 38 39 KEY: air pollution, oil, gas 40 Date of Enactment or Last Substantive Amendment: [October 7, 41 2014]2017 42 Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a) 43

R307-506 August 23, 2017 Page 1 of 2

R307-506. Oil and Gas Industry: Storage Vessels. 1 R307-506-1. Purpose. 2 R307-506 establishes requirements to control emissions of 3 volatile organic compounds (VOCs) from storage vessels associated 4 with oil and gas operations. 5 6 R307-506-2. Definitions. 7 "Modification to a well site" means; 8 (1) a new well is drilled at an existing well site, 9 (2) a well at an existing well site is hydraulically 10 fractured, or 11 (3) a well at an existing well site is hydraulically 12 refractured. 13 "Storage Vessel" means storage vessel as defined in 40 CFR 14 60.5430a, Subpart OOOOa Standards of Performance for Crude Oil and 15 Natural Gas Production, Transmission and Distribution, which is 16 incorporated by reference in R307-210. 17 18 R307-506-3. Applicability. 19 (1) R307-506 applies to each storage vessel located at a 20 well site as defined in 40 CFR 60.5430a Subpart OOOOa Standards of 21 Performance for Crude Oil and Natural Gas Production, Transmission 22 and Distribution. 23 (a) R307-506 does not apply to storage vessels that are 24 subject to an approval order issued under R307-401-8. 25 26 R307-506-4. Storage Vessel Requirements. 27 (1) Thief hatches on storage vessels shall be kept closed 28 and latched except during vessel unloading or other maintenance 29 activities. 30 (2) A storage vessel or collection of storage vessels, that 31 is in operation as of January 1, 2018, with a site-wide throughput 32 of 8,000 barrels or greater of crude oil per year on a rolling 12-33 month basis shall comply with R307-506-4(a) unless the exemption 34 in R307-506-4(b) applies. 35 (a) VOC emissions from storage vessels shall either be 36 routed to a process unit where the emissions are recycled, 37 incorporated into a product and/or recovered, or be routed to a 38 VOC control device that is in compliance with R307-508. 39 (b) A storage vessel or collection of storage vessels shall 40 be exempt from R307-506-4(2)(a) if VOC emissions are demonstrated 41 to be less than four tons per year on a rolling twelve month basis 42 by the following methods: 43 (i) VOC working and breathing losses shall be calculated 44 using site-specific sampling data and the TANKS 4.09D Emission 45 Estimation Software provided by the EPA. 46 (ii) VOC flash emissions shall be calculated using site-47

R307-506 August 23, 2017 Page 2 of 2

specific sampling data and the Vasquez-Beggs Equation. 1 (iii) VOC emissions determined by an alternative method 2 approved by the Director. 3 (3) Storage vessels that begin operations on or after 4 January 1, 2018, are required to control VOC emissions in 5 accordance with R307-506-4(2)(a) upon startup of operation for one 6 year and then evaluate control requirements in accordance with 7 R307-506-4(6). 8 (4) An owner or operator that is required to control 9 emissions in accordance with R307-506-4(2) and R307-506-4(3) shall 10 inspect at least once a month each closed vent system, including 11 vessel openings, thief hatches, and bypass devices, for defects 12 that can result in air emissions according to 40 CFR 60.5416a(c). 13 (a) If defects are discovered, the defects shall be 14 corrected or repaired within 15 days of identification. 15 (5) Modification to a well site shall require a re-16 evaluation of site-wide throughput and/or emissions in accordance 17 with R307-506-4(2). 18 (6) After one year of operation, controls may be removed 19 when site- wide throughput is less than 8,000 barrels of crude oil 20 on a rolling twelve-month basis or actual emissions are 21 demonstrated to be less than four tons per year after one year of 22 operation. 23 24 R307-506-5. Recordkeeping 25 (1) Records of thief hatch inspection shall be kept for 26 three years. 27 (a) Records of thief hatch inspections shall include the 28 date of the inspection, the status of the thief hatches, and the 29 date of corrective action taken if required. 30 (2) Records of crude oil throughput shall be kept for three 31 years and shall be determined on a monthly basis using the 32 production data reported to the Utah Division of Oil, Gas, and 33 Mining. 34 (3) Records of emission calculations, actual emissions, and 35 site-specific sampling data used to determine applicability with 36 R307-506-4(2)(b) shall be kept as long as the well site is in 37 operation. 38 39 KEY: air pollution, oil, gas 40 Date of Enactment or Last Substantive Amendment: [October 7, 41 2014]2017 42 Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a) 43

R307-507 August 23, 2017 Page 1 of 1

R307. Environmental Quality, Air Quality. 1 R307-507. Oil and Gas Industry: Dehydrators. 2 R307-507-1. Purpose. 3 R307-507 establishes requirements to control emissions of 4 volatile organic compounds (VOCs) from dehydrators associated with 5 oil and gas operations. 6 7 R307-507-2. Definitions. 8 “Dehydrator” means dehydrator as defined in 40 CFR 60.5430a, 9 Subpart OOOOa Standards of Performance for Crude Oil and Natural 10 Gas Production, Transmission and Distribution, which is 11 incorporated by reference in R307-210. 12 13 R307-507-3. Applicability. 14 (1) R307-507 applies to each dehydrator located at a well 15 site as defined in 40 CFR 60.5430a, Subpart OOOOa Standards of 16 Performance for Crude Oil and Natural Gas Production, Transmission 17 and Distribution. 18 (a) R307-507 does not apply to a dehydrator that is subject 19 to an approval order issued under R307-401-8. 20 21 R307-507-4. Dehydrator Requirements. 22 (1) Dehydrators with VOC emissions of four tons per year or 23 greater either individually or combined with VOC emissions from 24 storage vessels shall either be routed to a process unit where the 25 emissions are recycled, incorporated into a product, and/or 26 recovered, or be routed to a VOC control device that is in 27 compliance with R307-508. Dehydrators in operation before January 28 1, 2018, shall determine applicability with calculated actual 29 emissions. Dehydrators in operation on or after January 1, 2018, 30 shall determine applicability using potential to emit. 31 (2) Controls may be removed when actual emissions, 32 individually or combined with VOC emissions from storage vessels, 33 are less than four tons per year on a rolling twelve-month basis. 34 35 36 R307-507-5. Recordkeeping 37 Records of emission calculations shall be kept for all 38 periods the plant is in operation if a control device is not 39 installed on-site. 40 41 KEY: air pollution, oil, gas 42 Date of Enactment or Last Substantive Amendment: [October 7, 43 2014]2017 44 Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a) 45

R307-508 August 23, 2017 Page 1 of 1

R307. Environmental Quality, Air Quality. 1 R307-508. Oil and Gas Industry: VOC Control Devices. 2 R307-508-1. Purpose. 3 R307-508 establishes requirements for VOC control devices 4 associated with oil and gas operations used to control emissions 5 of VOCs. 6 7 R307-508-2. Applicability. 8 (1) R307-508 applies to each VOC control device located at a 9 well site as defined in 40 CFR 60.5430a Subpart OOOOa Standards of 10 Performance for Crude Oil and Natural Gas Production, Transmission 11 and Distribution. 12 (a) R307-508 does not apply to VOC control devices that are 13 subject to an approval order issued under R307-401-8. 14 15 R307-508-3. VOC Control Device Requirements. 16 (1) A VOC control device required by R307-506 or R307-507 17 must have a control efficiency of 95%or greater. 18 (2) To show compliance with the control efficiency, the VOC 19 control device shall be operated according to the manufacturer's 20 specifications and be certified by the manufacture to reduce VOC 21 emissions by 95% or greater. 22 (3) VOC control devices and all associated equipment shall 23 be inspected monthly by audio, visual, or olfactory (AVO) means to 24 ensure the integrity of the equipment is maintained and is 25 operational. If equipment is not operational, corrective action 26 shall be taken within 15 days of discovery. 27 28 R307-508-4. Recordkeeping. 29 (1) The owner/operator shall keep and maintain records of the 30 following: 31 (a) the VOC control device's control efficiency guaranteed 32 by the manufacturer; 33 (b) the manufacturer's written operating and maintenance 34 instructions; and 35 (c) the VOC control device AVO inspections. These records 36 shall include: 37 (i) the date of the inspection; 38 (ii) the status of the control device and associated 39 equipment; and 40 (iii) date of corrective action taken, if applicable. 41 42 43 KEY: air pollution, oil, gas 44 Date of Enactment or Last Substantive Amendment: [October 7, 45 2014]2017 46 Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a) 47

R307-509 August 23, 2017 Page 1 of 2

R307. Environmental Quality, Air Quality. 1 R307-509. Oil and Gas Industry: Leak Detection and Repair 2 Requirements. 3 R307-509-1. Purpose. 4 R307-509 establishes requirements for conducting leak 5 detection and repairs at oil and gas operations to control 6 emissions of volatile organic compounds. 7 8 R307-509-2. Definitions 9 “Fugitive emissions” are considered any visible emissions 10 observed using optical gas imaging or a Method 21 instrument 11 reading of 500 ppm or greater. 12 “Fugitive emissions component” means any component that has 13 the potential to emit fugitive emissions of VOC, including but not 14 limited to valves, connectors, pressure relief devices, open-ended 15 lines, flanges, covers and closed vent systems, thief hatches or 16 other openings, compressors, instruments, and meters. 17 18 R307-509-3. Applicability. 19 (1) R307-509 applies to each fugitive emissions component at 20 a well site as defined in 40 CFR 60.5430a, Subpart OOOOa Standards 21 of Performance for Crude Oil and Natural Gas Production, 22 Transmission and Distribution and is required to control emissions 23 in accordance with R307-506 and R307-507. 24 (a) R307-509 does not apply to a fugitive emissions 25 component that is subject to an approval order issued under R307-26 401-8. 27 28 R307-509-4. Leak Detection and Repair Requirements. 29 (1) Applicable sources shall comply with the following: 30 (a) The owner/operator shall develop an emissions monitoring 31 plan that will be available upon request to review. At a 32

minimum, the plan shall include: 33 (i) monitoring frequency; 34 (ii) monitoring technique and equipment; 35 (iii) procedures and timeframes for identifying and 36 repairing leaks; 37 (iv) recordkeeping practices; and 38 (v) calibration and maintenance procedures for monitoring 39 equipment. 40 (b) The plan shall address monitoring for 41 difficult-to-monitor and unsafe-to-monitor components. 42 (c) The owner/operator shall conduct monitoring surveys on 43 site to observe each fugitive emissions component for fugitive 44 emissions. 45 (d) Monitoring surveys shall be conducted according to the 46 following schedule: 47

R307-509 August 23, 2017 Page 2 of 2

(i) No later than 180 days after January 1, 2018, or no 1 later than 60 days after startup of production, as defined in 40 2 CFR 60 Subpart OOOOa Standards of Performance for Crude Oil and 3 Natural Gas Production, Transmission and Distribution, whichever 4 is later. 5 (ii) Semiannually after the initial monitoring survey. 6 Consecutive semiannual monitoring surveys shall be conducted at 7 least four months apart. 8 (iii) Annually after the initial monitoring survey for 9 “difficult-to-monitor” components. 10 (iv) As required by the owner/operator’s monitoring plan 11 for “unsafe-to-monitor” components. 12 (e) Monitoring surveys shall be conducted using one or 13 both of the following to detect fugitive emissions: 14 (i) Optical gas imaging (OGI) equipment. OGI equipment 15 shall be capable of imaging gases in the spectral range for the 16 compound of highest concentration in the potential fugitive 17 emissions source. 18 (ii) Monitoring equipment that meets U.S. EPA Method 21, 40 19 CFR Part 60, Appendix A. 20 (f) If fugitive emissions are detected at any time, the 21 owner/operator shall repair the fugitive emissions component as 22 soon as possible but no later than 15 calendar days after 23 detection. If the repair or replacement is technically 24 infeasible, would require a vent blowdown, a well shutdown or 25 well shut-in, or would be unsafe to repair during operation of 26 the unit, the repair or replacement shall be completed during 27 the next well shutdown, well shut-in, after an unscheduled, 28 planned or emergency vent blowdown or within 24 months, 29 whichever is earlier. 30 (g) The owner/operator shall resurvey the repaired or 31 replaced fugitive emission component no later than 30 calendar 32 days after the fugitive emission component was repaired. 33 34 R307-509-5. Recordkeeping. 35 The owner/operator shall maintain records of the emissions 36 monitoring plan, monitoring surveys, repairs, and resurveys. 37 38 KEY: air pollution, oil, gas 39 Date of Enactment or Last Substantive Amendment: [October 7, 40 2014]2017 41 Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a) 42

R307-510 August 23, 2017 Page 1 of 1

R307. Environmental Quality, Air Quality. 1 R307-510. Oil and Gas Industry: Natural Gas Engine Requirements. 2 R307-510-1. Purpose. 3 R307-510 establishes requirements for engines associated with 4 oil and gas operations to control emissions nitrogen oxide 5 emissions. 6 7 R307-510-2. Applicability. 8 (1) R307-510 applies to each natural gas-fired engine at a 9 well site as defined in 40 CFR 60.5430a, Subpart OOOOa Standards 10 of Performance for Crude Oil and Natural Gas Production, 11 Transmission and Distribution, that began operations, installed 12 new engines, or made modifications to existing engines after 13 January 1, 2016. 14 (a) R307-510 does not apply to a natural gas-fired engine 15 that is subject to an approval order issued under R307-401-8. 16 17 R307-510-3. Engine Requirements. 18 (1) Regardless of construction, reconstruction, or 19 modification date, each stationary engine at a well site shall 20 comply with 40 CFR Subpart JJJJ when the engine is installed or 21 modified. 22 (2) Each engine shall vent exhaust gases vertically 23 unrestricted with the following stack height requirements: 24 (i) Site hp ratings of 306 or higher shall vent exhaust 25 vertically unrestricted with an attached stack height of no less 26 than 10 feet. 27 (ii) Site hp ratings of 151 to 305 horsepower shall vent 28 exhaust vertically unrestricted with an attached stack height of 29 no less than 8 feet. 30 (iii) Site hp ratings of 150 horsepower or less have no stack 31 height requirements. 32 33 R307-510-4. Recordkeeping. 34 The owner/operator shall maintain documentation demonstrating 35 that each stationary engine on-site meets the requirements 36 contained in R307-510-3. 37 38 KEY: air pollution, oil, gas 39 Date of Enactment or Last Substantive Amendment: [October 7, 40 2014]2017 41 Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a) 42

ITEM 6

State of Utah


SPENCER J. COX

Lieutenant Governor


Alan Matheson

Executive Director


Director

DAQ-058-17

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: August 23, 2017 SUBJECT: Five-Year Review: R307-214. National Emission Standards for Hazardous Air Pollutants. ______________________________________________________________________________________ Utah Code 63G-3-305 requires each agency to review and justify each of its rules within five years of a rule’s original effective date or within five years of the filing of the last five-year review. This review process is not a time to revise or amend the rules. The purpose of the review process is to verify that the rule is still necessary and allowed under state and federal law. As part of this process, we are required to identify any comments which may have been received regarding changes to the rule since the last five-year review. R307-214 has been amended five times since its last review, and DAQ has not received any comments on the rule since that time. A copy of the review for R307-214 can be found in the attached Five-Year Notice of Review and Statement of Continuation form. The results of the review demonstrate that R307-214 is a necessary rule because it incorporates several portions of the Code of Federal Regulations into the State of Utah Air Quality Rules, which enables the State to enforce emission limits for hazardous air pollutants. Recommendation: Staff recommends that the Board continue R307-214 by approving the attached form to be filed with the Office of Administrative Rules.




R307-214 August 23, 2017 Page 1 of 8

R307. Environmental Quality, Air Quality. 1 R307-214. National Emission Standards for Hazardous Air Pollutants. 2 R307-214-1. Pollutants Subject to Part 61. 3 The provisions of Title 40 of the Code of Federal Regulations (40 4 CFR) Part 61, National Emission Standards for Hazardous Air 5 Pollutants, effective as of July 1, 2016, are incorporated into these 6 rules by reference. For pollutant emission standards delegated to the 7 State, references in 40 CFR Part 61 to "the Administrator" shall refer 8 to the director. 9 10 R307-214-2. Sources Subject to Part 63. 11 The provisions listed below of 40 CFR Part 63, National Emission 12 Standards for Hazardous Air Pollutants for Source Categories, 13 effective as of July 1, 2016, are incorporated into these rules by 14 reference. References in 40 CFR Part 63 to "the Administrator" shall 15 refer to the director, unless by federal law the authority is specific 16 to the Administrator and cannot be delegated. 17 (1) 40 CFR Part 63, Subpart A, General Provisions. 18 (2) 40 CFR Part 63, Subpart B, Requirements for Control 19 Technology Determinations for Major Sources in Accordance with 42 20 U.S.C. 7412(g) and (j). 21 (3) 40 CFR Part 63, Subpart F, National Emission Standards for 22 Organic Hazardous Air Pollutants from the Synthetic Organic Chemical 23 Manufacturing Industry. 24 (4) 40 CFR Part 63, Subpart G, National Emission Standards for 25 Organic Hazardous Air Pollutants from the Synthetic Organic Chemical 26 Manufacturing Industry for Process Vents, Storage Vessels, Transfer 27 Operations, and Wastewater. 28 (5) 40 CFR Part 63, Subpart H, National Emission Standards for 29 Organic Hazardous Air Pollutants for Equipment Leaks. 30 (6) 40 CFR Part 63, Subpart I, National Emission Standards for 31 Organic Hazardous Air Pollutants for Certain Processes Subject to the 32 Negotiated Regulation for Equipment Leaks. 33 (7) 40 CFR Part 63, Subpart J, National Emission Standards for 34 Polyvinyl Chloride and Copolymers Production. 35 (8) 40 CFR Part 63, Subpart L, National Emission Standards for 36 Coke Oven Batteries. 37 (9) 40 CFR Part 63, Subpart M, National Perchloroethylene Air 38 Emission Standards for Dry Cleaning Facilities. 39 (10) 40 CFR Part 63, Subpart N, National Emission Standards for 40 Chromium Emissions From Hard and Decorative Chromium Electroplating 41 and Chromium Anodizing Tanks. 42 (11) 40 CFR Part 63, Subpart O, National Emission Standards for 43 Hazardous Air Pollutants for Ethylene Oxide Commercial Sterilization 44 and Fumigation Operations. 45 (12) 40 CFR Part 63, Subpart Q, National Emission Standards for 46 Hazardous Air Pollutants for Industrial Process Cooling Towers. 47

R307-214 August 23, 2017 Page 2 of 8

(13) 40 CFR Part 63, Subpart R, National Emission Standards for 1 Gasoline Distribution Facilities (Bulk Gasoline Terminals and 2 Pipeline Breakout Stations). 3 (14) 40 CFR Part 63, Subpart T, National Emission Standards for 4 Halogenated Solvent Cleaning. 5 (15) 40 CFR Part 63, Subpart U, National Emission Standards for 6 Hazardous Air Pollutant Emissions: Group I Polymers and Resins. 7 (16) 40 CFR Part 63, Subpart AA, National Emission Standards for 8 Hazardous Air Pollutants for Phosphoric Acid Manufacturing. 9 (17) 40 CFR Part 63, Subpart BB, National Emission Standards for 10 Hazardous Air Pollutants for Phosphate Fertilizer Production. 11 (18) 40 CFR Part 63, Subpart CC, National Emission Standards for 12 Hazardous Air Pollutants from Petroleum Refineries. 13 (19) 40 CFR Part 63, Subpart DD, National Emission Standards for 14 Hazardous Air Pollutants from Off-Site Waste and Recovery Operations. 15 (20) 40 CFR Part 63, Subpart EE, National Emission Standards for 16 Magnetic Tape Manufacturing Operations. 17 (21) 40 CFR Part 63, Subpart GG, National Emission Standards for 18 Aerospace Manufacturing and Rework Facilities. 19 (22) 40 CFR Part 63, Subpart HH, National Emission Standards for 20 Hazardous Air Pollutants for Oil and Natural Gas Production. 21 (23) 40 CFR Part 63, Subpart JJ, National Emission Standards for 22 Wood Furniture Manufacturing Operations. 23 (24) 40 CFR Part 63, Subpart KK, National Emission Standards for 24 the Printing and Publishing Industry. 25 (25) 40 CFR Part 63, Subpart MM, National Emission Standards for 26 Hazardous Air Pollutants for Chemical Recovery Combustion Sources at 27 Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills. 28 (26) 40 CFR Part 63, Subpart OO, National Emission Standards for 29 Tanks - Level 1. 30 (27) 40 CFR Part 63, Subpart PP, National Emission Standards for 31 Containers. 32 (28) 40 CFR Part 63, Subpart QQ, National Emission Standards for 33 Surface Impoundments. 34 (29) 40 CFR Part 63, Subpart RR, National Emission Standards for 35 Individual Drain Systems. 36 (30) 40 CFR Part 63, Subpart SS, National Emission Standards for 37 Closed Vent Systems, Control Devices, Recovery Devices and Routing to 38 a Fuel Gas System or a Process (Generic MACT). 39 (31) 40 CFR Part 63, Subpart TT, National Emission Standards for 40 Equipment Leaks- Control Level 1 (Generic MACT). 41 (32) 40 CFR Part 63, Subpart UU, National Emission Standards for 42 Equipment Leaks-Control Level 2 Standards (Generic MACT). 43 (33) 40 CFR Part 63, Subpart VV, National Emission Standards for 44 Oil-Water Separators and Organic-Water Separators. 45 (34) 40 CFR Part 63, Subpart WW, National Emission Standards for 46 Storage Vessels (Tanks)-Control Level 2 (Generic MACT). 47

R307-214 August 23, 2017 Page 3 of 8

(35) 40 CFR Part 63, Subpart XX, National Emission Standards for 1 Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste 2 Operations. 3 (36) 40 CFR Part 63, Subpart YY, National Emission Standards for 4 Hazardous Air Pollutants for Source Categories: Generic MACT. 5 (37) 40 CFR Part 63, Subpart CCC, National Emission Standards 6 for Hazardous Air Pollutants for Steel Pickling-HCl Process Facilities 7 and Hydrochloric Acid Regeneration Plants. 8 (38) 40 CFR Part 63, Subpart DDD, National Emission Standards 9 for Hazardous Air Pollutants for Mineral Wool Production. 10 (39) 40 CFR Part 63, Subpart EEE, National Emission Standards 11 for Hazardous Air Pollutants from Hazardous Waste Combustors. 12 (40) 40 CFR Part 63, Subpart GGG, National Emission Standards for 13 Hazardous Air Pollutants for Pharmaceuticals Production. 14 (41) 40 CFR Part 63, Subpart HHH, National Emission Standards 15 for Hazardous Air Pollutants for Natural Gas Transmission and Storage. 16 (42) 40 CFR Part 63, Subpart III, National Emission Standards 17 for Hazardous Air Pollutants for Flexible Polyurethane Foam 18 Production. 19 (43) 40 CFR Part 63, Subpart JJJ, National Emission Standards 20 for Hazardous Air Pollutants for Group IV Polymers and Resins. 21 (44) 40 CFR Part 63, Subpart LLL, National Emission Standards 22 for Hazardous Air Pollutants for Portland Cement Manufacturing 23 Industry. 24 (45) 40 CFR Part 63, Subpart MMM, National Emission Standards 25 for Hazardous Air Pollutants for Pesticide Active Ingredient 26 Production. 27 (46) 40 CFR Part 63, Subpart NNN, National Emission Standards 28 for Hazardous Air Pollutants for Wool Fiberglass Manufacturing. 29 (47) 40 CFR Part 63, Subpart OOO, National Emission Standards 30 for Hazardous Air Pollutants for Amino/Phenolic Resins Production 31 (Resin III). 32 (48) 40 CFR Part 63, Subpart PPP, National Emission Standards 33 for Hazardous Air Pollutants for Polyether Polyols Production. 34 (49) 40 CFR Part 63, Subpart QQQ, National Emission Standards 35 for Hazardous Air Pollutants for Primary Copper Smelters. 36 (50) 40 CFR Part 63, Subpart RRR, National Emission Standards 37 for Hazardous Air Pollutants for Secondary Aluminum Production. 38 (51) 40 CFR Part 63, Subpart TTT, National Emission Standards 39 for Hazardous Air Pollutants for Primary Lead Smelting. 40 (52) 40 CFR Part 63, Subpart UUU, National Emission Standards 41 for Hazardous Air Pollutants for Petroleum Refineries: Catalytic 42 Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units. 43 (53) 40 CFR Part 63, Subpart VVV, National Emission Standards 44 for Hazardous Air Pollutants: Publicly Owned Treatment Works. 45 (54) 40 CFR Part 63, Subpart AAAA, National Emission Standards 46 for Hazardous Air Pollutants for Municipal Solid Waste Landfills. 47

R307-214 August 23, 2017 Page 4 of 8

(55) 40 CFR Part 63, Subpart CCCC, National Emission Standards 1 for Manufacturing of Nutritional Yeast. 2 (56) 40 CFR Part 63, Subpart DDDD, National Emission Standards 3 for Hazardous Air Pollutants for Plywood and Composite Wood Products. 4 (57) 40 CFR Part 63, Subpart EEEE, National Emission Standards 5 for Hazardous Air Pollutants for Organic Liquids Distribution 6 (non-gasoline). 7 (58) 40 CFR Part 63, Subpart FFFF, National Emission Standards 8 for Hazardous Air Pollutants for Miscellaneous Organic Chemical 9 Manufacturing. 10 (59) 40 CFR Part 63, Subpart GGGG, National Emission Standards 11 for Vegetable Oil Production; Solvent Extraction. 12 (60) 40 CFR Part 63, Subpart HHHH, National Emission Standards 13 for Wet-Formed Fiberglass Mat Production. 14 (61) 40 CFR Part 63, Subpart IIII, National Emission Standards 15 for Hazardous Air Pollutants for Surface Coating of Automobiles and 16 Light-Duty Trucks. 17 (62) 40 CFR Part 63, Subpart JJJJ, National Emission Standards 18 for Hazardous Air Pollutants for Paper and Other Web Surface Coating 19 Operations. 20 (63) 40 CFR Part 63, Subpart KKKK, National Emission Standards 21 for Hazardous Air Pollutants for Surface Coating of Metal Cans. 22 (64) 40 CFR Part 63, Subpart MMMM, National Emission Standards 23 for Hazardous Air Pollutants for Surface Coating of Miscellaneous 24 Metal Parts and Products. 25 (65) 40 CFR Part 63, Subpart NNNN, National Emission Standards 26 for Large Appliances Surface Coating Operations. 27 (66) 40 CFR Part 63, Subpart OOOO, National Emission Standards 28 for Hazardous Air Pollutants for Fabric Printing, Coating and Dyeing 29 Surface Coating Operations. 30 (67) 40 CFR Part 63, Subpart PPPP, National Emissions Standards 31 for Hazardous Air Pollutants for Surface Coating of Plastic Parts and 32 Products. 33 (68) 40 CFR Part 63, Subpart QQQQ, National Emission Standards 34 for Hazardous Air Pollutants for Surface Coating of Wood Building 35 Products. 36 (69) 40 CFR Part 63, Subpart RRRR, National Emission Standards 37 for Hazardous Air Pollutants for Metal Furniture Surface Coating 38 Operations. 39 (70) 40 CFR Part 63, Subpart SSSS, National Emission Standards 40 for Metal Coil Surface Coating Operations. 41 (71) 40 CFR Part 63, Subpart TTTT, National Emission Standards 42 for Leather Tanning and Finishing Operations. 43 (72) 40 CFR Part 63, Subpart UUUU, National Emission Standards 44 for Cellulose Product Manufacturing. 45 (73) 40 CFR Part 63, Subpart VVVV, National Emission Standards 46 for Boat Manufacturing. 47

R307-214 August 23, 2017 Page 5 of 8

(74) 40 CFR Part 63, Subpart WWWW, National Emissions Standards 1 for Hazardous Air Pollutants for Reinforced Plastic Composites 2 Production. 3 (75) 40 CFR Part 63, Subpart XXXX, National Emission Standards 4 for Tire Manufacturing. 5 (76) 40 CFR Part 63, Subpart YYYY, National Emission Standards 6 for Hazardous Air Pollutants for Stationary Combustion Turbines. 7 (77) 40 CFR Part 63, Subpart ZZZZ, National Emission Standards 8 for Hazardous Air Pollutants for Stationary Reciprocating Internal 9 Combustion Engines. 10 (78) 40 CFR Part 63, Subpart AAAAA, National Emission Standards 11 for Hazardous Air Pollutants for Lime Manufacturing Plants. 12 (79) 40 CFR Part 63, Subpart BBBBB, National Emission Standards 13 for Hazardous Air Pollutants for Semiconductor Manufacturing. 14 (80) 40 CFR Part 63, Subpart CCCCC, National Emission Standards 15 for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and 16 Battery Stacks. 17 (81) 40 CFR Part 63, Subpart DDDDD, National Emission Standards 18 for Hazardous Air Pollutants for Industrial, Commercial, and 19 Institutional Boilers and Process Heaters. 20 (82) 40 CFR Part 63, Subpart EEEEE, National Emission Standards 21 for Hazardous Air Pollutants for Iron and Steel Foundries. 22 (83) 40 CFR Part 63, Subpart FFFFF, National Emission Standards 23 for Hazardous Air Pollutants for Integrated Iron and Steel 24 Manufacturing. 25 (84) 40 CFR Part 63, Subpart GGGGG, National Emission Standards 26 for Hazardous Air Pollutants for Site Remediation. 27 (85) 40 CFR Part 63, Subpart HHHHH, National Emission Standards 28 for Hazardous Air Pollutants for Miscellaneous Coating Manufacturing. 29 (86) 40 CFR Part 63, Subpart IIIII, National Emission Standards 30 for Hazardous Air Pollutants for Mercury Emissions from Mercury Cell 31 Chlor-Alkali Plants. 32 (87) 40 CFR Part 63, Subpart JJJJJ, National Emission Standards 33 for Hazardous Air Pollutants for Brick and Structural Clay Products 34 Manufacturing. 35 (88) 40 CFR Part 63, Subpart KKKKK, National Emission Standards 36 for Hazardous Air Pollutants for Clay Ceramics Manufacturing. 37 (89) 40 CFR Part 63, Subpart LLLLL, National Emission Standards 38 for Hazardous Air Pollutants for Asphalt Processing and Asphalt 39 Roofing Manufacturing. 40 (90) 40 CFR Part 63, Subpart MMMMM, National Emission Standards 41 for Hazardous Air Pollutants for Flexible Polyurethane Foam 42 Fabrication Operations. 43 (91) 40 CFR Part 63, Subpart NNNNN, National Emission Standards 44 for Hazardous Air Pollutants for Hydrochloric Acid Production. 45 (92) 40 CFR Part 63, Subpart PPPPP, National Emission Standards 46 for Hazardous Air Pollutants for Engine Test Cells/Stands. 47

R307-214 August 23, 2017 Page 6 of 8

(93) 40 CFR Part 63, Subpart QQQQQ, National Emission Standards 1 for Hazardous Air Pollutants for Friction Materials Manufacturing 2 Facilities. 3 (94) 40 CFR Part 63, Subpart RRRRR, National Emission Standards 4 for Hazardous Air Pollutants for Taconite Iron Ore Processing. 5 (95) 40 CFR Part 63, Subpart SSSSS, National Emission Standards 6 for Hazardous Air Pollutants for Refractory Products Manufacturing. 7 (96) 40 CFR Part 63, Subpart TTTTT, National Emission Standards 8 for Hazardous Air Pollutants for Primary Magnesium Refining. 9 (97) 40 CFR Part 63, Subpart UUUUU, National Emission Standards 10 for Hazardous Air Pollutants for Coal- and Oil-Fired Electric Utility 11 Steam Generating Units. 12 (98) 40 CFR Part 63, Subpart WWWWW, National Emission Standards 13 for Hospital Ethylene Oxide Sterilizers. 14 (99) 40 CFR Part 63, Subpart YYYYY, National Emission Standards 15 for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace 16 Steelmaking Facilities. 17 (100) 40 CFR Part 63, Subpart ZZZZZ, National Emission Standards 18 for Hazardous Air Pollutants for Iron and Steel Foundries Area Sources. 19 (101) 40 CFR Part 63 Subpart BBBBBB National Emission Standards 20 for Hazardous Air Pollutants for Source Category: Gasoline 21 Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities 22 (102) 40 CFR Part 63 Subpart CCCCCC National Emission Standards 23 for Hazardous Air Pollutants for Source Category: Gasoline Dispensing 24 Facilities. 25 (103) 40 CFR Part 63, Subpart DDDDDD, National Emission 26 Standards for Hazardous Air Pollutants for Polyvinyl Chloride and 27 Copolymers Production Area Sources. 28 (104) 40 CFR Part 63, Subpart EEEEEE, National Emission 29 Standards for Hazardous Air Pollutants for Primary Copper Smelting 30 Area Sources. 31 (105) 40 CFR Part 63, Subpart FFFFFF, National Emission 32 Standards for Hazardous Air Pollutants for Secondary Copper Smelting 33 Area Sources. 34 (106) 40 CFR Part 63, Subpart GGGGGG, National Emission 35 Standards for Hazardous Air Pollutants for Primary Nonferrous Metals 36 Area Sources--Zinc, Cadmium, and Beryllium. 37 (107) 40 CFR Part 63, Subpart JJJJJJ, National Emission 38 Standards for Hazardous Air Pollutants for Industrial, Commercial, and 39 Institutional Boilers Area Sources. 40 (108) 40 CFR Part 63, Subpart LLLLLL, National Emission 41 Standards for Hazardous Air Pollutants for Acrylic and Modacrylic 42 Fibers Production Area Sources. 43 (109) 40 CFR Part 63, Subpart MMMMMM, National Emission 44 Standards for Hazardous Air Pollutants for Carbon Black Production 45 Area Sources. 46 (110) 40 CFR Part 63, Subpart NNNNNN, National Emission 47

R307-214 August 23, 2017 Page 7 of 8

Standards for Hazardous Air Pollutants for Chemical Manufacturing Area 1 Sources: Chromium Compounds. 2 (111) 40 CFR Part 63, Subpart OOOOOO, National Emission 3 Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam 4 Production and Fabrication Area Sources. 5 (112) 40 CFR Part 63, Subpart PPPPPP, National Emission 6 Standards for Hazardous Air Pollutants for Lead Acid Battery 7 Manufacturing Area Sources. 8 (113) 40 CFR Part 63, Subpart QQQQQQ, National Emission 9 Standards for Hazardous Air Pollutants for Wood Preserving Area 10 Sources. 11 (114) 40 CFR Part 63, Subpart RRRRRR, National Emission 12 Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing 13 Area Sources. 14 (115) 40 CFR Part 63, Subpart SSSSSS, National Emission 15 Standards for Hazardous Air Pollutants for Glass Manufacturing Area 16 Sources. 17 (116) 40 CFR Part 63, Subpart VVVVVV, National Emission 18 Standards for Hazardous Air Pollutants for Chemical Manufacturing Area 19 Sources. 20 (117) 40 CFR Part 63, Subpart TTTTTT, National Emission 21 Standards for Hazardous Air Pollutants for Secondary Nonferrous Metals 22 Processing Area Sources. 23 (118) 40 CFR Part 63, Subpart WWWWWW, National Emission 24 Standards for Hazardous Air Pollutants: Area Source Standards for 25 Plating and Polishing Operations. 26 (119) 40 CFR Part 63, Subpart XXXXXX, National Emission 27 Standards for Hazardous Air Pollutants Area Source Standards for Nine 28 Metal Fabrication and Finishing Source Categories. 29 (120) 40 CFR Part 63, Subpart YYYYYY, National Emission 30 Standards for Hazardous Air Pollutants for Area Sources: Ferroalloys 31 Production Facilities. 32 (121) 40 CFR Part 63, Subpart ZZZZZZ, National Emission 33 Standards for Hazardous Air Pollutants: Area Source Standards for 34 Aluminum, Copper, and Other Nonferrous Foundries. 35 (122) 40 CFR Part 63, Subpart AAAAAAA, National Emission 36 Standards for Hazardous Air Pollutants for Area Sources: Asphalt 37 Processing and Asphalt Roofing Manufacturing. 38 (123) 40 CFR Part 63, Subpart BBBBBBB, National Emission 39 Standards for Hazardous Air Pollutants for Area Sources: Chemical 40 Preparations Industry. 41 (124) 40 CFR Part 63, Subpart CCCCCCC, National Emission 42 Standards for Hazardous Air Pollutants for Area Sources: Paints and 43 Allied Products Manufacturing. 44 (125) 40 CFR Part 63, Subpart DDDDDDD, National Emission 45 Standards for Hazardous Air Pollutants for Area Sources: Prepared 46 Feeds Manufacturing. 47

R307-214 August 23, 2017 Page 8 of 8

(126) 40 CFR Part 63, Subpart EEEEEEE, National Emission 1 Standards for Hazardous Air Pollutants: Gold Mine Ore Processing and 2 Production Area Source Category. 3 4 KEY: air pollution, hazardous air pollutant, MACT, NESHAP 5 Date of Enactment or Last Substantive Amendment: June 8, 2017 6 Notice of Continuation: May 15, 2017 7 Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a) 8

ITEM 7

Air Toxics


Telephone (801) 536-4000 • Fax (801) 536-4099 • T.D.D (801) 903-3978 www.deq.utah.gov


State of Utah


SPENCER J. COX

Lieutenant Governor


Alan Matheson

Executive Director


Director

DAQA-662-17

M E M O R A N D U M TO: Air Quality Board FROM: Bryce C. Bird, Executive Secretary DATE: August 4, 2017 SUBJECT: Air Toxics, Lead-Based Paint, and Asbestos (ATLAS) Section Compliance Activities –

July 2017 ______________________________________________________________________________________ Asbestos Demolition/Renovation NESHAP Inspections 43

Asbestos AHERA Inspections 28

Asbestos State Rules Only Inspections 10

Asbestos Notification Forms Accepted 170

Asbestos Telephone Calls Answered 283

Asbestos Individuals Certifications Approved/Disapproved 17/0

Asbestos Company Certifications/Re-Certifications 1/2

Asbestos Alternate Work Practices Approved/Disapproved 6/0

Lead-Based Paint (LBP) Inspections 6

LBP Notification Forms Approved 0

LBP Telephone Calls Answered 20

LBP Letters Prepared and Mailed 12

LBP Courses Reviewed/Approved 0/0

LBP Course Audits 0

LBP Individual Certifications Approved/Disapproved 4/0

LBP Firm Certifications 5

DAQA-662-17 Page 2 Notices of Violation Sent 0

Compliance Advisories Sent 21

Warning Letters Sent 10

Settlement Agreements Finalized 1

Penalties Agreed to:

MKP Enterprises $1,250.00

Compliance


Telephone (801) 536-4000 • Fax (801)536-4099 • T.D.D. (801) 903-3978 www.deq.utah.gov


State of Utah


SPENCER J. COX

Lieutenant Governor


Alan Matheson

Executive Director


Director

DAQC-1117-17

M E M O R A N D U M TO: Air Quality Board FROM: Bryce C. Bird, Executive Secretary DATE: August 10, 2017 SUBJECT: Compliance Activities – July 2017 _____________________________________________________________________________________

Annual Inspections Conducted:

Major ................................................................................................ 12 Synthetic Minor .................................................................................................. 6 Minor ................................................................................................ 13

On-Site Stack Test Audits Conducted: ............................................................................ 5 Stack Test Report Reviews: ........................................................................................... 20 On-Site CEM Audits Conducted: .................................................................................... 0 Emission Reports Reviewed: ......................................................................................... 22

Temporary Relocation Requests Reviewed & Approved: ............................................... 9

Fugitive Dust Control Plans Reviewed & Accepted: ................................................... 131 Soil Remediation Report Reviews: .................................................................................. 0 1Miscellaneous Inspections Conducted: ......................................................................... 21 Complaints Received: ...................................................................................................... 3 Breakdown Reports Received: ......................................................................................... 1 Compliance Actions Resulting From a Breakdown ......................................................... 0 Warning Letters Issued: ................................................................................................... 1

DAQC-1117-17 Page 2

Notices of Violation Issued: ............................................................................................. 1 Compliance Advisories Issued: ........................................................................................ 8 Settlement Agreements Reached: .................................................................................... 1

W.W. Clyde ............................................................................................... $3,310 1Miscellaneous inspections include, e.g., surveillance, level I inspections, VOC inspections, complaints, on-site training, dust patrol, smoke patrol, open burning, etc.

Air Monitoring

Utah Division of Air Quality

0.0

10.0

20.0

30.0

40.0

50.0

60.0

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

PM2.

5 (u

g/m

3)

Days

Utah 24-Hr PM2.5 Data June 2017Bountiful Brigham City Erda Hawthorne

Lindon Magna North Provo Ogden #2

Rose Park Smithfield Spanish Fork 24-hr Exceedence Value is 35 ug/m3

Exceedence Value is 35 ug/m3


0.0

10.0

20.0

30.0

40.0

50.0

60.0

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

PM2.

5 (u

g/m

3)

Days

Utah 24-Hr PM2.5 Data July 2017Bountiful Brigham City Erda Hawthorne





0.0

10.0

20.0

30.0

40.0

50.0

60.0

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

PM2.

5 (u

g/m

3)

Days

Utah 24-Hr PM2.5 Data August 2017Bountiful Brigham City Erda Hawthorne





0

20

40

60

80

100

120

140

160

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

PM10

(ug/

m3)

Days

Utah 24-hr PM10 Data June 2017Bountiful Hawthorne Herriman #3

Lindon Magna North Provo

Ogden Smithfield 24-hr Exceedance Value is 150 ug/m3

Exceedance Value is 150 ug/m3


0

20

40

60

80

100

120

140

160

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 31

PM10

(ug/

m3)

Days

Utah 24-hr PM10 Data July 2017Bountiful Hawthorne Herriman #3





0

20

40

60

80

100

120

140

160

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 31

PM10

(ug/

m3)

Days

Utah 24-hr PM10 Data August 2017Bountiful Hawthorne Herriman #3




34.5

36.236.4

38.539.2

38.3 38.5

39.9

37.5

35.334.8 34.9

37.036.4

37.7

36.4 36.2

37.6

34.6 34.735.2 35.935.9

36.6

28.9

32.132.6

32.0

34.234.3

35.6

20.0

25.0

30.0

35.0

40.0

45.0

50.0

55.0

60.0

65.0

70.0

0.000

0.010

0.020

0.030

0.040

0.050

0.060

0.070

0.080

0.090

0.100

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

Dai

ly M

axim

um T

empe

ratu

re (

0 C)

(Haw

thor

ne)

Ozo

ne (

ppm

)

Days

Highest 8-hr Ozone Concentration & Daily Maximum Temperature July 2017

Brigham City Bountiful Escalante Erda Herriman #3

Harrisville Hawthorne Ogden #2 Exceed. TM

28.7

30.731.6

33.234.9

32.8

33.7 33.732.8

30.8

31.4

30.8

32.8

32.1

33.6

30.5 31.4

33.0

31.431.4

31.0

32.0

30.6

31.9

25.4

26.927.0

28.1

29.831.0

32.2

20.0

25.0

30.0

35.0

40.0

45.0

50.0

55.0

60.0

65.0

70.0

0.000

0.010

0.020

0.030

0.040

0.050

0.060

0.070

0.080

0.090

0.100

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

Dai

ly M

axim

um T

empe

ratu

re (

0 C)

(Roo

seve

lt)

Ozo

ne (

ppm

)

Days


Price #2 Roosevelt Vernal #4 Exceed. TM

34.7

33.9

35.4

37.4

36.1

38.3

36.7

36.9

36.1

33.0

32.2 32.5

33.5 34.3

36.5

36.0 36.0

37.9

33.2 33.4

33.7 34.0

33.1

35.8

26.1

31.832.4

31.233.3

33.634.6

20.0

25.0

30.0

35.0

40.0

45.0

50.0

55.0

60.0

65.0

70.0

0.000

0.010

0.020

0.030

0.040

0.050

0.060

0.070

0.080

0.090

0.100

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

Dai

ly M

axim

um T

empe

ratu

re (0 C

) (S

mith

field

)

Ozo

ne (

ppm

)

Days


Smithfield Exceed. TM

31.8

29.6

31.9

33.434.7

33.2

32.731.8

32.9

31.1

27.7

29.2

31.3

32.8

32.0

32.4

31.4

32.7 33.1

30.229.1

31.432.3

31.8

23.7

26.8

31.2

29.7

31.4

28.6

31.1

20.0

25.0

30.0

35.0

40.0

45.0

50.0

55.0

60.0

65.0

70.0

0.000

0.010

0.020

0.030

0.040

0.050

0.060

0.070

0.080

0.090

0.100

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

Dai

ly M

axim

um T

empe

ratu

re (0 C

) (N

orth

Pro

vo)

Ozo

ne (

ppm

)

Days


North Provo Spanish Fork Exceed. TM

38.5

35.7 35.7

38.1 39.4

41.7 41.340.7

37.2

34.5

36.036.4

37.0

38.940.2

39.2 37.6

36.2

32.3

34.3

36.4

37.738.3

34.2

24.8

32.4

35.635.8

36.336.7

37.9

20.0

25.0

30.0

35.0

40.0

45.0

50.0

55.0

60.0

65.0

70.0

0.000

0.010

0.020

0.030

0.040

0.050

0.060

0.070

0.080

0.090

0.100

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

Dai

ly M

axim

um T

empe

ratu

re (0

C)

(Hur

rican

e)

Ozo

ne (

ppm

)

Days


Escalante Hurricane Exceed. TM

37.2

36.936.8

35.334.3

32.7

30.9 30.831.6 31.7

34.534.6

32.3

28.827.3

31.032.3

32.7

34.534.6

33.3

20.0

25.0

30.0

35.0

40.0

45.0

50.0

55.0

60.0

65.0

70.0

0.000

0.010

0.020

0.030

0.040

0.050

0.060

0.070

0.080

0.090

0.100

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

Daily M

axim

um Tem

perature (0C) (Haw

thorne

)

Ozo

ne (

ppm

)

Days

Highest 8-hr Ozone Concentration & Daily Maximum Temperature August 2017

Brigham City Bountiful Erda Herriman #3 Harrisville

Hawthorne Ogden #2 Exceed. TM

32.0

31.7

32.3

28.6

32.0

29.7

26.1

24.4

25.826.6

27.6

26.7 26.9

28.3

25.2 25.3

29.2

31.0

29.6 29.6

29.7

20.0

25.0

30.0

35.0

40.0

45.0

50.0

55.0

60.0

65.0

70.0

0.000

0.010

0.020

0.030

0.040

0.050

0.060

0.070

0.080

0.090

0.100

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

Daily M

axim

um Tem

perature (

0 C) (Roo

sevelt)

Ozo

ne (

ppm

)

Days


Price #2 Roosevelt Vernal #4 Exceed. TM

33.232.2

32.031.0

29.9

27.826.8

23.4

26.427.2

29.7 29.5

28.5

22.923.9

26.6

28.329.0

30.4 30.1

28.9

20.0

25.0

30.0

35.0

40.0

45.0

50.0

55.0

60.0

65.0

70.0

0.000

0.010

0.020

0.030

0.040

0.050

0.060

0.070

0.080

0.090

0.100

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

Daily M

axim

um Tem

perature (

0 C) (Smith

field)

Ozo

ne (

ppm

)

Days


Smithfield Exceed. TM

36.6

34.934.9 34.2

33.5

30.8

28.7 29.7

30.730.9

34.0

32.7 32.5

30.2

26.5

29.9

32.3

33.433.3

34.4

32.5

20.0

25.0

30.0

35.0

40.0

45.0

50.0

55.0

60.0

65.0

70.0

0.000

0.010

0.020

0.030

0.040

0.050

0.060

0.070

0.080

0.090

0.100

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

Daily M

axim

um Tem

perature (

0 C) (North Provo

)

Ozo

ne (

ppm

)

Days

Highest 8-hr Ozone Concentration & Daily Maximum Temperature August 2017North Provo Spanish Fork Exceed. TM

37.6

36.335.1

32.3

30.3

32.6

33.634.5

35.6 35.7

34.7

32.5

31.7

33.4

31.5

32.8 34.4

36.135.4

34.5

30.9

20.0

25.0

30.0

35.0

40.0

45.0

50.0

55.0

60.0

65.0

70.0

0.000

0.010

0.020

0.030

0.040

0.050

0.060

0.070

0.080

0.090

0.100

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

Daily M

axim

um Tem

perature (

0 C) (Hurric

ane)

Ozo

ne (

ppm

)

Days

Highest 8-hr Ozone Concentration & Daily Maximum Temperature August 2017Escalante Hurricane Exceed. TM

state of utah · state of utah . executive secretary ... utah air quality board meeting . final...

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