DAQ-2024-011435

State of Utah Administrative Rule Analysis
Revised May 2024
NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: New
Rule or Section Number: R307-209 Filing ID: Office Use Only
Date of Previous Publication (Only for CPRs): Click or tap to enter a date.
Agency Information
1. Title catchline: Environmental Quality, Air Quality
Building: Multi-Agency State Office Building
Street address: 195 N 1950 W
City, state: Salt Lake City
Mailing address: PO BOX 144820
City, state and zip: Salt Lake City, UT 84114-4820
Contact persons:
Name: Phone: Email:
Alan Humpherys 801-536-4142 [e-mail]
Erica Pryor 385-499-3416 [e-mail]

Please address questions regarding information on this notice to the persons listed above.
General Information
2. Rule or section catchline:
R307-209. Portable Aggregate Processing Plants.

3. Purpose of the new rule or reason for the change:
This rule will allow portable aggregate processing plants to submit a notice of temporary relocation without first obtaining an
approval order under Rule R307-401.
4. Summary of the new rule or change:
Rule R307-209 establishes standards and limitations for portable aggregate processing plants and exempts portable aggregate processing plants from the requirement to obtain an approval order.
Fiscal Information
5. Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
A) State budget:
Rule R307-209 will codify existing requirements contained in Air Quality Approval Orders; therefore, no new impacts are
anticipated. It is anticipated that Rule R307-209 will not impact the state budget.
B) Local governments:
Rule R307-209 will codify existing requirements contained in Air Quality Approval Orders; therefore, no new impacts are anticipated. It is anticipated that Rule R307-209 will not impact local governments.
C) Small businesses ("small business" means a business employing 1-49 persons):
Rule R307-209 will codify existing requirements contained in Air Quality Approval Orders; therefore, no new impacts are anticipated. It is anticipated that Rule R307-209 will not impact small businesses.
D) Non-small businesses ("non-small business" means a business employing 50 or more persons):
Rule R307-209 will codify existing requirements contained in Air Quality Approval Orders; therefore, no new impacts are
anticipated. It is anticipated that Rule R307-209 will not impact non-small businesses.
E) Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
Rule R307-209 will codify existing requirements contained in Air Quality Approval Orders; therefore, no new impacts are anticipated. It is anticipated that Rule R307-209 will not impact other persons.

F) Compliance costs for affected persons (How much will it cost an impacted entity to adhere to this rule or its changes?):
Rule R307-209 will codify existing requirements contained in Air Quality Approval Orders; therefore, no new impacts are anticipated. It is anticipated that Rule R307-209 will not impose any new compliance costs to affected persons.
G) Regulatory Impact Summary Table (This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts will be included in narratives above.)
Regulatory Impact Table
Fiscal Cost FY2025 FY2026 FY2027
State Government $0 $0 $0
Local Governments $0 $0 $0
Small Businesses $0 $0 $0
Non-Small Businesses $0 $0 $0
Other Persons $0 $0 $0
Total Fiscal Cost $0 $0 $0
Fiscal Benefits FY2025 FY2026 FY2027
State Government $0 $0 $0
Local Governments $0 $0 $0
Small Businesses $0 $0 $0
Non-Small Businesses $0 $0 $0
Other Persons $0 $0 $0
Total Fiscal Benefits $0 $0 $0
Net Fiscal Benefits $0 $0 $0
H) Department head comments on fiscal impact and approval of regulatory impact analysis:
The Executive Director of the Department of Environmental Quality, Kim D. Shelley, has reviewed and approved this regulatory impact analysis.
Citation Information
6. Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
Utah Code 19-2-104 U.S.C. Title 42 Chapter 85 Subchapter I Part A Section 7410 (a)(1)2(A)

Incorporations by Reference Information
7. Incorporations by Reference (if this rule incorporates more than two items by reference, please include additional tables):
A) This rule adds or updates the following title of materials incorporated by references (a copy of materials incorporated
by reference must be submitted to the Office of Administrative Rules; if none, leave blank):
Official Title of Materials Incorporated (from title page)
Publisher
Issue Date
Issue or Version

B) This rule adds or updates the following title of materials incorporated by references (a copy of materials incorporated by reference must be submitted to the Office of Administrative Rules; if none, leave blank):
Official Title of Materials Incorporated (from title page)
Publisher
Issue Date
Issue or Version
Public Notice Information
8. The public may submit written or oral comments to the agency identified in box 1. (The public may also request a
hearing by submitting a written request to the agency. See Section 63G-3-302 and Rule R15-1 for more information.)
A) Comments will be accepted until: 12/31/2024
B) A public hearing (optional) will be held:
Date (mm/dd/yyyy): Time (hh:mm AM/PM): Place (physical address or URL):
12/18/2024 1:00 PM R307-209/R307-401 Public Hearing Wednesday, December 18, 2024 at 1:00 PM In Person Multi-Agency State Office Building (MASOB) 195 N 1950 W, Salt Lake City, UT 84116, USA Air Quality Board Room 1015, 1st Floor Or attend virtually: Air Quality Public Hearing R307-209/R307-401 Wednesday, December 18 · 1 – 2pm Time zone: America/Denver Google Meet joining info Video call link: https://meet.google.com/pap-hiyu-unw Or dial: 4082-438-413 1+ (US) PIN: 203 356677# More phone numbers: https://tel.meet/pap-hiyu-unw?pin=6631750756387 In accordance with 63G-3-302, please note that if no requests for a public hearing for R307-401 and/or R307-209 are received by 2:00pm on December 13th, 2024, then we will cancel this hearing. To determine if the hearing has been cancelled and/or view the cancellation notice, you can visit:
https://deq.utah.gov/air-quality/air-quality-
rule-plan-changes-open-public-comment
To the agency: If more than one hearing will take place, continue to add rows.

9. This rule change MAY become effective on: 02/05/2025
NOTE: The date above is the date the agency anticipates making the rule or its changes effective. It is NOT the effective date.
Agency Authorization Information
To the agency: Information requested on this form is required by Sections 63G-3-301, 63G-3-302, 63G-3-303, and 63G-3-402. Incomplete forms will be returned to the agency for completion, possibly delaying publication in the Utah State Bulletin and delaying the first possible effective date.
Agency head or designee and title: Bryce C. Bird, Director, Division of Air Quality Date: 10/22/2024
R307. Environmental Quality, Air Quality. R307-209. Portable Aggregate Processing Plants. R307-209-1. Purpose. Rule R307-209 establishes requirements for portable aggregate processing plants including concrete batch plants, asphalt plants, and nonmetallic mineral processing plants. R307-209-2. Definitions. “Asphalt Plant” means any equipment used to produce, process, or store hot-mix, warm-mix, or cold-mix asphalt and its ingredients. Equipment in this definition includes dryers, mixers, screens, conveyors, storage bins or silos, storage tanks, and loading stations. “Concrete Batch Plant” means any equipment used to produce, process, or store concrete and its ingredients. Equipment in this definition includes mixers, screens, conveyors, storage bins or silos, and loading stations. “Nonmetallic Mineral Processing Plant” means any equipment used to produce, process, or store nonmetallic minerals. Equipment in this definition includes crushers, grinding mills, screens, conveyors, storage bins or silos, and loading stations. “Portable Aggregate Processing Plant” means any nonmetallic mineral processing plant, asphalt plant, or concrete batch plant that temporarily operates for a period of not more than 180 working days or 365 consecutive calendar days at a single source. Engines, boilers, and storage tanks used to support concrete batch plants, asphalt plants, or nonmetallic mineral processing plants are included in this definition. R307-209-3. Applicability. (1) Rule R307-209 applies to each portable aggregate processing plant including each concrete batch plant, asphalt plant, and nonmetallic mineral processing plant. (2) Rule R307-209 does not apply to concrete batch plants, asphalt plants, or nonmetallic mineral processing plants that are subject to an approval order issued under Section R307-401-8. (3) Rule R307-209 does not apply to a concrete batch plant, asphalt plant, or nonmetallic mineral processing plant that plans to or will operate at a single source longer than 180 operating days or remains at a source longer than 365 calendar days. These sources shall submit a notice of intent and obtain an approval order under Rule R307-401 before beginning actual construction unless the source qualifies for an exemption under Section R307-401-9. R307-209-4. Notice of Temporary Relocation. (1) An owner or operator of a portable aggregate processing plant shall submit a Notice of Temporary Relocation to the director and obtain a Temporary Relocation Approval Letter before operating a portable source at any location. (2) A Notice of Temporary Relocation shall include the following: (a) the address and driving directions of the proposed location; (b) a list of the equipment to be operated at the proposed location, including the: (i) type of equipment; (ii) rated capacity of the equipment; and (iii) date of manufacture of the equipment; (c) a site diagram showing the general equipment location on site to scale; and (d) the distance to the nearest houses, barns, or commercial operations to scale if the plant boundary is located within one mile of these buildings; (e) the expected startup and completion dates for operating at the proposed location; (f) the expected hours of operation, including start and stop times;
(g) the emission control measures that the owner or operator proposes to adopt for each emission point at each location, including a fugitive dust control plan specific to the proposed location; and (h) if relocating an asphalt plant, either: (i) the results and the date of the most recent stack test for the asphalt plant; or (ii) the anticipated stack test date and the stack test protocol for an asphalt plant that has not been stack tested. R307-209-5. Operations at a Temporary Location. (1) An owner or operator of a portable aggregate processing plant may not exceed 180 working days and may not exceed 365 calendar days at a single location. (2) An owner or operator of a portable aggregate processing plant may not operate the portable aggregate processing plant before 6 a.m. or after 10 p.m. each day at each temporary location. (3) An owner or operator of a portable aggregate processing plant shall operate in accordance with the terms and conditions
of the Temporary Relocation Approval Letter issued by the director for each location. R307-209-6. Recordkeeping & Reporting Requirements. (1) Following the end of operations at each temporary location, an owner or operator of a portable aggregate processing plant shall submit the following records to the director at the end of operation at each temporary location, and shall retain the records for at least two years:
(a) the initial relocation date at each location; (b) number of working days at each location; (c) consecutive days at each location; (d) the production for each day of operation at each location; (e) the total production at each location; (f) the time operations started and ended each day at each location; and
(g) the last day of operation at each location. (2) An owner or operator of a portable aggregate processing plant shall keep records and submit emissions inventories according to Rule R307-150. R307-209-7. Fugitive Dust Requirements. Unless otherwise specified in Rule R307-209, an owner or operator of a portable aggregate processing plant shall comply
with the following for fugitive dust: (1) the opacity limits and control measures in Section R307-309-5; and (2) the fugitive dust control plan submitted with the Notice of Temporary Relocation for each respective location. R307-209-8. Concrete Batch Plant Requirements. An owner or operator of a concrete batch plant shall comply with the following:
(1) ensure opacity does not exceed the limits in Section R307-312-4; and (2) control particulate emissions from each storage silo and each mixer with a fabric filter, a baghouse, a bin vent, or a dust collector. R307-209-9. Nonmetallic Mineral Processing Plant Requirements. An owner or operator of a nonmetallic mineral processing plant shall comply with the following: (1) ensure opacity does not exceed the limits in Section R307-312-4; and (2) use water sprays and water application to control particulate emissions from each crusher, screen, and conveyor. R307-209-10. Asphalt Plant Requirements. (1) An owner or operator of an asphalt plant shall comply with the following: (a) ensure opacity does not exceed 10% opacity and opacity observations shall be conducted in accordance with 40 CFR 60, Method 9; (b) use natural gas, propane, fuel oil, on-specification used oil as defined in Rule R315-15, or any combination thereof as fuel; (c) maintain records of fuel use; (d) control particulate emissions from each storage silo with a fabric filter, a baghouse, a bin vent, or a dust collector; (e) control particulate emissions from each asphalt mixer with a baghouse; (f) maintain the pressure drop of the asphalt plant baghouse between 3.0 and 7.0 inches of water during operation and additionally the owner or operator shall comply with the following: (i) install a pressure gauge on each baghouse; (ii) ensure the pressure gauge measures the pressure drop in 1-inch water column increments or less; (iii) calibrate the pressure gauge according to the manufacturer's instructions at least once every 12 months; and (iv) record the reading of the pressure gauge at least once per operating day. (2) The owner or operator shall: (a) ensure filterable PM2.5 emissions do not exceed 0.024 grains per dry standard cubic foot;
(b) conduct an initial stack test on each asphalt plant within 180 days after startup; (c) conduct a stack test on each asphalt plant within three years after the date of the most recent stack test; (d) conduct stack testing according to Rule R307-165; and (e) determine PM2.5 emissions by 40 CFR 60, Appendix A, Method 5. R307-209-11. Diesel-Fired Engine Requirements.
An owner or operator of a diesel-fired engine associated with a portable aggregate processing plant shall comply with the following. (1) Maintain opacity at or below 20% opacity. Opacity observations shall be conducted in accordance with 40 CFR 60, Method 9. (2) Use Ultra-Low Sulfur Diesel (ULSD) as defined in 40 CFR 1090.305 as fuel. (3) Maintain records of ULSD use.
KEY: air pollution, permits, approval orders, greenhouse gases Date of Last Change: 2025 Authorizing, and Implemented or Interpreted Law: 19-2-104(3)(b)(iii); 19-2-108