DAQ-2024-010452

195 North 1950 West • Salt Lake City, Utah
Mailing Address: P.O. Box 144820 • Salt Lake City, Utah 84114-4820
Telephone [phone] • Fax [phone] • T.D.D. [phone]
www.deq.utah.gov
Printed on 100% recycled paper
State of Utah

Department of
Environmental Quality

Kimberly D. Shelley
Executive Director

DIVISION OF AIR QUALITY
Bryce C. Bird
Director

Air Quality Board
Kim Frost, Chair
Michelle Bujdoso, Vice-Chair
Kevin R. Cromar
Cassady Kristensen
Randal S. Martin
Sonja Norton
John Rasband
Kimberly D. Shelley
Jeff Silvestrini
Bryce C. Bird,
Executive Secretary

SPENCER J. COX
Governor

DEIDRE HENDERSON
Lieutenant Governor
DAQ-079-24

UTAH AIR QUALITY BOARD MEETING
TENTATIVE AGENDA

Wednesday, October 2, 2024 - 1:30 p.m.
195 North 1950 West, Room 1015
Salt Lake City, Utah 84116

Board members may be participating electronically. Interested persons can participate telephonically by
dialing 1-475-299-8810 using access code: 449-801-632#, or via the Internet at meeting link:
meet.google.com/dpm-oqgm-nzk

I. Call-to-Order

II. Date of the Next Air Quality Board Meeting: November 6, 2024

III. Approval of the Minutes for the September 4, 2024, Board Working Lunch and Board Meeting.

IV. Propose for Final Adoption: Amend R307-202. Emission Standards: General Burning.
Presented by Rachel Chamberlain.

V. Five-Year Reviews: R307-103. Administrative Procedures; R307-165. Stack Testing; R307-201.
Emission Standards: General Emission Standards; R307-202. Emission Standards: General
Burning; R307-203. Emission Standards: Sulfur Content of Fuels; R307-204. Emission
Standards: Smoke Management; R307-205. Emission Standards: Fugitive Emissions and Fugitive
Dust; R307-206. Emission Standards: Abrasive Blasting; R307-207. Residential Fireplaces and
Solid Fuel Burning Devices; R307-305. Nonattainment and Maintenance Areas for PM10:
Emission Standards; R307-306. PM10 Nonattainment and Maintenance Areas: Abrasive Blasting;
R307-307. Road Salting and Sanding; R307-309. Nonattainment and Maintenance Areas for
PM10 and PM2.5: Fugitive Emissions and Fugitive Dust; R307-310. Salt Lake County: Trading
of Emission Budgets for Transportation Conformity; R307-311. Utah County: Trading of
Emission Budgets for Transportation Conformity; R307-841. Residential Property and Child-
Occupied Facility Renovation; and R307-842. Lead-Based Paint Activities.
Presented by Erica Pryor.

DAQ-079-24
Page 2

VI. Informational Items.
A. Air Toxics. Presented by Leonard Wright.
B. Compliance. Presented by Harold Burge, Rik Ombach, and Chad Gilgen.
C. Monitoring. Presented by Lucas Bohne.
D. Other Items to be Brought Before the Board.
E. 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 LeAnn Johnson, Office of Human Resources at [phone], TDD [phone] or by email
at [e-mail].

ITEM 4

195 North 1950 West • Salt Lake City, Utah Mailing Address: P.O. Box 144820 • Salt Lake City, Utah 84114-4820 Telephone [phone] • Fax [phone] • T.D.D. [phone]
www.deq.utah.gov
Printed on 100% recycled paper
State of Utah

Department of Environmental Quality
Kimberly D. Shelley Executive Director DIVISION OF AIR QUALITY Bryce C. Bird Director
SPENCER J. COX Governor DEIDRE HENDERSON Lieutenant Governor
DAQ-077-24
M E M O R A N D U M TO: Air Quality Board THROUGH: Bryce C. Bird, Executive Secretary THROUGH: Erica Pryor, Rules Coordinator FROM: Rachel Chamberlain, Environmental Scientist DATE: September 19, 2024 SUBJECT: PROPOSE FOR FINAL ADOPTION: Amend R307-202. Emission Standards: General
Burning. _____________________________________________________________________________________
On March 12, 2024, Governor Cox signed into law House Bill 567 (HB567) Fire Regulation Amendments. This bill has an effective date of May 1, 2024. The proposed amendments to rule R307-202 result in several changes to permitted open burning in the state to align with HB567. The bill changes the
following:
• the areas of the state that have different permit burning windows;
• the time frame of the burning windows; and
• the clearing index values at which burns are allowed to occur. HB567 relies on attainment area definitions to distinguish between the open burning permit criteria. Rule R307-202 currently allows areas to receive burn permits when the clearing index value is at or over 500 from March 30th – May 30th, and when the state forester approves burning from September 15th – October 30th. Ten southern counties were also allowed to perform permitted burns from March 1st – March 30th with a longer fall window between September 15th and November 15th.
The proposed amendments increase the burning window in attainment areas to include the full months of November, December, January, February, and March and lowers the allowable clearing index window to obtain a burn permit from 500 to 250 during those months. Since the burns are occurring in attainment
areas, there is minimal risk of state implementation plan backsliding.
DAQ-077-24 Page 2
On August 1, 2024, the Air Quality Board proposed amendments to rule R307-202 for a 30-day public comment period in accordance with section 63G-3-301(11)(b) of Chapter 3 of the Utah Administrative Rulemaking Act. Utah Division of Air Quality (UDAQ) staff notified potentially impacted stakeholders of the proposed rule amendments and the public comment period. No public comments were received. A public hearing was scheduled for August 26, 2024; however, no request was made to hold the hearing, and it was cancelled in accordance with 63G-3-302. During the public comment period two minor changes were made to the rule language and were noted on the Rules Analysis Form contained in the board packet.
The first change corrects an error identified in the date range for the proposed updates to the spring burning window in nonattainment and maintenance areas. This change was made to align the rule with the intent of HB567 and the original intent of rule R307-202. The change adjusts the spring burning window
in nonattainment and maintenance areas from May 1st – May 31st to April 1st – May 31st. This maintains the same spring burn window for nonattainment and maintenance areas that occurred in rule R307-202 prior to amendment, with the exception of aligning the dates with first and last day of each month.
The second change is in response to informal stakeholder feedback during the public comment period. Language was added to clarify and prevent any confusion of the permitted open burning rule applying to prescribed burning practices. Lastly, during the public comment period the U.S. Environmental Protection Agency informally requested that UDAQ conduct a qualitative 110(l) anti-backsliding demonstration pertaining to the proposed amendments for inclusion in their records when they complete rulemaking at the federal level. UDAQ has determined that the impacts from the proposed amendments are minimal on the airshed. UDAQ staff does not expect the proposed amendments to increase or incentivize open burning practices. The proposed amendments do not impact any emissions reductions claimed in previous state
implementation plans. The addition of a wintertime burn window in attainment areas is expected to more effectively temporally disperse smoke impacts which could result in less of an impact to most impaired days for regional haze. Recommendation: Staff recommends the Board adopt rule R307-202, Emission Standards, General Burning, as amended.

Clean Air Act 110(l) Demonstration
Air Quality Impact of Amendment to
R307-202 Permitted Open Burning

UTAH DIVISION OF AIR QUALITY 1

Introduction

Section 110(l) of the Clean Air Act (CAA) states that the Environmental Protection Agency (EPA)
cannot approve a state implementation plan (SIP) revision if the revision would interfere with any
applicable requirement concerning attainment and reasonable further progress, or any other applicable
requirement of the CAA. When revisions to these rules are made, the CAA requires that an analysis is
made to verify that the rule will not be relaxed in a way that would be impermissible under Section
110(l). The Utah Division of Air Quality (UDAQ) is proposing amendments to R307-202 Permitted Open
Burning following the passage of House Bill 567 and this 110(l) demonstration serves to show that this
rule amendment will not interfere with attainment or maintenance of either PM2.5 or regional haze
requirements.

Proposed Amendment Summary

The bill and subsequent rule amendment rely on attainment area definitions to distinguish between the
open burning permit criteria. The amendment eliminates the use of counties as an open burning permit
filter criteria by shifting the rule to distinguish burning window and clearing index eligibility by
nonattainment, maintenance, and attainment areas.

The amendment increases the permitted open burning window in attainment areas by 3.5 months. The
increase includes the following addition of the wintertime burning window for attainment areas:
November 15th - February 28/29th.

The change allows for permitted open burning within attainment areas when the clearing index value is
over 250 from November 1st – March 31st. The remainder of the burning window in attainment areas
from April 1st - May 31st and September 15th - October 31st will remain at a clearing index of 500 or
higher to obtain a permit.

The permitted open burning window for nonattainment and maintenance areas dates have been
adjusted by one day on each end of the burning windows. This adjustment is to provide clarity on
implementation and enforcement of window dates by better aligning the opening and closing of the
windows with the first and last day within the month. The adjustment of the nonattainment and
maintenance area permitted open burning window has a net increase of one day. This increase occurs
from the adjustment of the window from September 15th - October 30th to September 15th - October
31st. The change in the nonattainment and maintenance area spring window is adjusted from March
30th - May 30th to April 1st - May 31st. This results in no impact on the number of permitted open
burning days in the spring.

Clean Air Act 110(l) Demonstration
Air Quality Impact of Amendment to
R307-202 Permitted Open Burning

UTAH DIVISION OF AIR QUALITY 2

Table 1. Current open burning windows and proposed revised open burning windows

Clean Air Act 110(l) Demonstration
Air Quality Impact of Amendment to
R307-202 Permitted Open Burning

UTAH DIVISION OF AIR QUALITY 3

Air Quality Impact Analysis:

The amendment impacts the open burning that would occur in attainment areas. The change is
expected to have a neutral or positive effect on air quality given that smoke impacts could be more
effectively temporally dispersed and cause less of an impact to most impaired days for regional haze.
Utah National Parks are all located in attainment areas.

UDAQ staff does not expect the proposed amendments to increase or incentivize open burning
practices. It is not expected that the amendment will increase the number of requested burn permit
applications, but rather disperse the open burning over a longer period of time.

The way that open burning emissions are currently and have historically been calculated and reported
uses an EPA emission factor scaled by population. Using EPA emission factors and methods, open
burning emissions represent 2% of total Utah statewide PM2.5 emissions or 525.95 tons per year of
PM2.5 based on UDAQ and EPA’s annual data. The data is calculated on a ton per year basis, and is
not representative of actual emissions during the burning windows. UDAQ has never used accurate
temporally distributed open burn data for either the PM2.5 or Regional Haze state implementation plans
because the data simply is not granular enough. This means that open burn emissions data were
included in both state implementation plans in a very conservative way, including emissions in months
when burning was not actually occurring. Due to the lack of granularity in the inventory data, the
proposed amendments to R307-202 do not impact any emissions reductions claimed in previous state
implementation plans.
State of Utah
Administrative Rule Analysis
Revised May 2024

NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: CPR (Change in Proposed Rule)
Rule or Section Number: R307-202 Filing ID: Office Use Only
Date of Previous Publication (Only for CPRs): 08/01/2024

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:
Erica Pryor 385-499-3416 [e-mail]
Rachel Chamberlain 385-414-3390 [e-mail]

Please address questions regarding information on this notice to the persons listed above.

General Information
2. Rule or section catchline:
R307-202. Emission Standards: General Burning.

3. Purpose of the new rule or reason for the change:
Based on feedback received during the public comment period, the Division is proposing changes to provide clarifying
language for the applicability of Rule R307-202 and to update an error in the amended date range for the open burning
windows in attainment areas.

4. Summary of the new rule or change:
The proposed amendments add additional language intended to clarify applicability of Rule R307-202 and update an error in the
amended date range for the open burning windows in attainment areas. These amendments include: 1) the addition of the language
“prescribed burning practices as cited in Rule R307-240,” to clarify the applicability of the rule, 2) the change of the attainment
area spring open burning window from “May 1 – May 31” to “April 1 – May 31” to adjust the month error made in the initially
proposed amendments, and maintain alignment with the intent of Rule R307-202 and HB 567.

Fiscal Information
5. Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
A) State budget:
The Division is filing the R307-202 CPR amendment because there was an error in the date range and because of necessary
clarifying language concerning the applicability of Rule R307-202. These additions clarify the original intent of the rule, so
there is no fiscal impact associated with these updates.

B) Local governments:
The Division is filing the R307-202 CPR amendment because there was an error in the date range and because of necessary
clarifying language concerning the applicability of Rule R307-202. These additions clarify the original intent of the rule, so
there is no fiscal impact associated with these updates.

C) Small businesses ("small business" means a business employing 1-49 persons):
The Division is filing the R307-202 CPR amendment because there was an error in the date range and because of necessary
clarifying language concerning the applicability of Rule R307-202. These additions clarify the original intent of the rule, so
there is no fiscal impact associated with these updates.

D) Non-small businesses ("non-small business" means a business employing 50 or more persons):
The Division is filing the R307-202 CPR amendment because there was an error in the date range and because of necessary
clarifying language concerning the applicability of Rule R307-202. These additions clarify the original intent of the rule, so
there is no fiscal impact associated with these updates.

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):
The Division is filing the R307-202 CPR amendment because there was an error in the date range and because of necessary
clarifying language concerning the applicability of Rule R307-202. These additions clarify the original intent of the rule, so
there is no fiscal impact associated with these updates.

F) Compliance costs for affected persons (How much will it cost an impacted entity to adhere to this rule or its changes?):
The Division is filing the R307-202 CPR amendment because there was an error in the date range and because of necessary
clarifying language concerning the applicability of Rule R307-202. These additions clarify the original intent of the rule, so
there is no fiscal impact associated with these updates.

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:
Section 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: No Formal Comment Period
B) A public hearing (optional) will be held:
Date (mm/dd/yyyy): Time (hh:mm AM/PM): Place (physical address or URL):

To the agency: If more than one hearing will take place, continue to add rows.

9. This rule change MAY become effective on: 12/02/2024
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: 09/17/2024

R307. Environmental Quality, Air Quality. 1
R307-202. Emission Standards: General Burning. 2
R307-202-1. Applicability. 3
Sections R307-202-4 through R307-202-8 apply to general burning within incorporated 4
community under the authority of county or municipal fire authority. 5
6
R307-202-2. Definitions. 7
The following additional definitions apply only to Rule R307-202. 8
"Attainment areas" means any area that meets the national primary and secondary ambient air 9
quality standard (NAAQS) for the pollutant. 10
"County or municipal fire authority" means the public official so designated with the 11
responsibility, authority, and training to protect people, property, and the environment from fire, within 12
their respective area of jurisdiction. 13
"Federal Class I Area" means an area that consists of national parks exceeding 6,000 acres, 14
wilderness areas and national memorial parks exceeding 5,000 acres, and any international parks that 15
were in existence on August 7, 1977. See Clean Air Act Section 162(a). 16
"Fire hazard" means a hazardous condition involving combustible, flammable, or explosive 17
material that represents a substantial threat to life or property if not immediately abated, as declared by 18
the county or municipal fire authority. 19
"Maintenance Area" as defined in Section R307-101-2, means an area that is subject to the 20
provisions of a maintenance plan that is included in the Utah State Implementation Plan, and that has been 21
redesignated by EPA from nonattainment to attainment of any NAAQS. 22
"Native American spiritual advisor" means a person who leads, instructs, or facilitates a Native 23
American religious ceremony or service, or provides religious counseling, is an enrolled member of a 24
federally recognized Native American tribe, and is recognized as a spiritual advisor by a federally 25
recognized Native American tribe. "Native American spiritual advisor" includes a sweat lodge leader, 26
medicine person, traditional religious practitioner, or holy man or woman. 27
"Nonattainment Area" means an area designated by the Environmental Protection Agency as 28
nonattainment under Subsection 107(d)(1)(A)(i), Clean Air Act for any NAAQS. The designations for 29
Utah are listed in 40 CFR 81.345. 30
31
R307-202-3. Exclusions. 32
As provided in Section 19-2-114, the requirements of Rule R307-202 are not applicable to: 33
(1) except for areas zoned as residential, burning incident to horticultural or agricultural34
operations of: 35
(a) prunings from trees, bushes, and plants; and36
(b) dead or diseased trees, bushes, and plants, including stubble;37
(2) burning of weed growth along ditch banks for clearing these ditches for irrigation purposes;38
(3) controlled heating of orchards or other crops during the frost season to lessen the chances of39
their being frozen so long as the emissions from this heating do not cause or contribute to an exceedance 40
of any NAAQS and is consistent with the federally approved State Implementation Plan; 41
(4) the controlled burning of not more than two structures per year by an organized and operating42
fire department for training fire service personnel when the National Weather Service clearing index is 43
above 500, see also Subsection 11-7-1(2)(a); and 44
(5) ceremonial burning is excluded from Subsection R307-202-4(2) when conducted by a Native45
American spiritual advisor. 46
47
R307-202-4. Prohibitions. 48
(1) No open burning may be done at sites used for disposal of community trash, garbage, and49
other wastes. 50
(2) No person may burn under this rule when the director issues a public announcement under51
Rule R307-302. The director shall distribute the announcement to the local media notifying the public 52
that a mandatory no-burn period is in effect for the area where the burning is to occur. 53
54
Page 1 of 4
R307-202-5. General Requirements. 1
(1) Except as otherwise provided in this rule, no person may set or use an open outdoor fire for 2
the disposal or burning of: 3
(a) petroleum wastes; 4
(b) demolition or construction debris; 5
(c) rubbish; 6
(d) garbage or vegetation; 7
(e) tires; 8
(f) tar; 9
(g) trees; 10
(h) wood waste; 11
(i) other combustible or flammable solid; 12
(j) liquid or gaseous waste; or 13
(k) for metal salvage or burning of motor vehicle bodies. 14
(2) The county or municipal fire authority shall approve burning based on the predicted 15
meteorological conditions and whether the emissions would impact the health and welfare of the public or 16
cause or contribute to an exceedance of any NAAQS. 17
(3) Nothing in this regulation may be construed as relieving any person conducting open burning 18
from meeting the requirements of any applicable federal, state, or local requirements concerning disposal 19
of any combustible materials. 20
(4) The county or municipal fire authority that approves any open burning permit shall retain a 21
copy of each permit issued for one year. 22
23
R307-202-6. Open Burning - Without Permit. 24
The following types of open burning do not require a permit when not prohibited by other local, 25
state, or federal laws and regulations, when it does not create a nuisance, as defined in Section 76-10-803, 26
and does not impact the health and welfare of the public: 27
(1) devices for the primary purpose of preparing food including outdoor grills and fireplaces; 28
(2) campfires and fires used solely for recreational purposes where the fires are under control of 29
a responsible person and the combustible material is clean, dry, wood or charcoal; and 30
(3) indoor fireplaces and residential solid fuel burning devices except as provided in Section 31
R307-302-2. 32
33
R307-202-7. Open Burning - With Permit. 34
(1) No person may knowingly conduct open burning unless the open burning activities may be 35
conducted without a permit pursuant to Section R307-202-6 or the person has a valid permit for burning 36
on a specified date or period, issued by the county or municipal fire authority having jurisdiction in the 37
area where the open burning shall take place. 38
(2) A permit applicant shall provide information as requested by the county or municipal fire 39
authority. No permit or authorization may be deemed valid unless the issuing authority determines that 40
the applicant has provided the required information. 41
(3) Persons seeking an open burning permit shall submit to the county or municipal fire authority 42
an application on a form provided by the director for each separate burn. 43
(4) A permit shall be valid only on the lands specified on the permit. 44
(5) No material may be burned unless it is clearly described and quantified as material to be 45
burned on a valid permit. 46
(6) No burning may be conducted contrary to the conditions specified on the permit. 47
(7) Any permit issued by a county or municipal fire authority is subject to the local, state, and 48
federal rules and regulations. 49
(8) Open burning is authorized by the issuance of a permit, as stipulated within this rule, for 50
specification in Subsection R307-202-7(10). These permits can only be issued when not prohibited by 51
other local, state, or federal laws and regulations and when a nuisance as defined in Section 76-10-803 is 52
not created and does not impact the health and welfare of the public. 53
Page 2 of 4
(9) Except as provided in Subsection R307-202-7(10)(f)(ii), individual permits, as stipulated 1
within this rule, for the types of burning listed in Subsection R307-202-7(10) may be issued by a county 2
or municipal fire authority when the clearing index is 500 or greater. When the clearing index is below 3
500, any permits issued for that day shall be void until further notice from the county or municipal fire 4
authority. Additionally, anyone burning on the day when the clearing index is below 500, or is found to 5
be violating any part of this rule, shall be liable for a fine in accordance with Rule R307-130. 6
(10) The following include types of open burning for which a permit may be granted: 7
(a) except in nonattainment and maintenance areas, open burning of tree cuttings and slash in 8
forest areas where the cuttings accrue from pulping, lumbering, and similar operations, but excluding 9
prescribed burning practices as cited in Rule R307-240, waste from sawmill operations including sawdust 10
and scrap lumber; 11
(b) open burning of trees and brush within railroad rights-of-way, provided that dirt is removed 12
from stumps before burning, and that tires, oil more dense than #2 fuel oil, tar, or other materials which 13
can cause severe air pollution, are not present in the materials to be burned, and are not used to start fires 14
or to keep fires burning; 15
(c) open burning of a fire hazard that a county or municipal fire authority determines cannot be 16
abated by any other viable option; 17
(d) open burning of highly explosive materials when a county or municipal fire authority, law 18
enforcement agency, or governmental agency having jurisdiction determines that onsite burning or 19
detonation in place is the only reasonably available method for safely disposing of the material; 20
(e) open burning for the disposal of contraband in the possession of public law enforcement 21
personnel provided they demonstrate to the county or municipal fire authority that open burning is the 22
only reasonably available method for safely disposing of the material; 23
(f) open burning of clippings, bushes, plants, and pruning's from trees incident to property clean-24
up activities, including residential cleanup, provided that the following conditions have been met: 25
(i) within the counties designated as nonattainment and maintenance areas, the county or 26
municipal fire authority may issue a permit between [May]April 1 and May 31 when the clearing index is 27
500 or greater. The county or municipal fire authority may issue a permit between September 15 to 28
October 31 for the burning to occur when the state forester has approved the burning window under 29
Section 65A-8-211 and the clearing index is 500 or greater; 30
(ii) in attainment areas, the county or municipal fire authority may issue a permit between 31
November 1 and March 31 for burning to occur when the clearing index is 250 or greater. Additionally, in 32
attainment areas, the county or municipal fire authority may issue a permit between April 1 and May 31 33
for burning to occur when the clearing index is 500 or greater. The county or municipal fire authority 34
may issue a permit between September 15 and October 31 for burning to occur when the state forester has 35
approved the burning window under Section 65A-8-211 and the clearing index is 500 or greater; 36
(iii) burnings occur in accordance with state and federal requirements; 37
(iv) materials to be burned are thoroughly dry; and 38
(v) no trash, rubbish, tires, or oil are included in the material to be burned, used to start fires, or 39
used to keep fires burning. 40
(g) except for nonattainment and maintenance areas, the director may grant a permit for types of 41
open burning not specified in Subsection R307-202-7(3) on written application if the director finds that 42
the burning is consistent with the federally approved State Implementation Plan and does not cause or 43
contribute to an exceedance of any NAAQS. 44
(i) This permit may be granted once the director has reviewed the written application with the 45
requirements and criteria found within this rule in Section R307-202-7. 46
(ii) Open burning permit criteria shall include the following requirements. 47
(A) The director or the county or municipal fire authority shall consider the following factors in 48
determining whether, and upon what conditions, to issue an open burning permit: 49
(I) the location and proximity of the proposed burning to any building, other structures, the 50
public, and federal Class I areas that might be impacted by the smoke and emissions from the burn; 51
(II) burning shall only be conducted when the clearing index is 500 or above; and 52
(III) whether there is any practical alternative method for the disposal of the material to be 53
burned. 54
Page 3 of 4
(B) Methods to minimize emissions and smoke impacts may include: 1
(I) the use of clean auxiliary fuel; 2
(II) drying the material before ignition; and 3
(III) separation for alternative disposal of materials that produce higher levels of emissions and 4
smoke during the combustion process. 5
(C) Open burning permits are not valid during periods when the clearing index is below 500 or 6
publicly announced air pollution emergencies or alerts have been declared in the area of the proposed 7
burn. 8
(D) For burns of piled material, any piles shall be reasonably dry and free of dirt. 9
(E) Open burns shall be supervised by a responsible person who shall notify the local fire 10
department and have available, either on-site or by the local fire department, the means to suppress the 11
burn if the fire does not comply with the terms and conditions of the permit. 12
(F) Any open burning operations shall be subject to inspection by the director or county or 13
municipal fire authority. The permittee shall maintain at the burn site the original or a copy of the permit 14
that shall be made available without unreasonable delay to the inspector. 15
(G) If at any time the director or the county or municipal fire authority granting the permit 16
determines that the permittee has not complied with any term or condition of the permit, the permit is 17
subject to partial or complete suspension, revocation, or imposition of additional conditions. Any burning 18
activity subject to the permit shall be terminated immediately upon notice of suspension or revocation. In 19
addition to suspension or revocation of the permit, the director or county or municipal fire authority may 20
take any other enforcement action authorized under state or local law. 21
22
R307-202-8. Special Conditions. 23
(1) Open burning for special purposes or under unusual or emergency circumstances may be 24
approved by the director if it is consistent with the federally approved State Implementation Plan and does 25
not cause or contribute to an exceedance of any NAAQS. 26
(2) This permit may be granted once the director has reviewed the written application with the 27
requirements and criteria in Section R307-202-7. 28
29
KEY: air pollution, open burning, fire authority 30
Date of Last Change: 2024 31
Notice of Continuation: December 9, 2019 32
Authorizing, and Implemented or Interpreted Law: 19-2-104; 11-7-1(2)(a); 65A-8-211; 76-10-803 33
Page 4 of 4

ITEM 5

195 North 1950 West • Salt Lake City, Utah Mailing Address: P.O. Box 144820 • Salt Lake City, Utah 84114-4820 Telephone [phone] • Fax [phone] • T.D.D. [phone]
www.deq.utah.gov
Printed on 100% recycled paper
State of Utah

Department of Environmental Quality
Kimberly D. Shelley Executive Director DIVISION OF AIR QUALITY Bryce C. Bird Director
SPENCER J. COX Governor DEIDRE HENDERSON Lieutenant Governor
DAQ-078-24
M E M O R A N D U M TO: Air Quality Board THROUGH: Bryce C. Bird, Executive Secretary FROM: Erica Pryor, Rules Coordinator DATE: September 19, 2024 SUBJECT: Five-Year Reviews: R307-103. Administrative Procedures; R307-165. Stack Testing; R307-201. Emission Standards: General Emission Standards; R307-202. Emission Standards: General Burning; R307-203. Emission Standards: Sulfur Content of Fuels;
R307-204. Emission Standards: Smoke Management; R307-205. Emission Standards: Fugitive Emissions and Fugitive Dust; R307-206. Emission Standards: Abrasive Blasting; R307-207. Residential Fireplaces and Solid Fuel Burning Devices; R307-305.
Nonattainment and Maintenance Areas for PM10: Emission Standards; R307-306. PM10 Nonattainment and Maintenance Areas: Abrasive Blasting; R307-307. Road Salting and Sanding; R307-309. Nonattainment and Maintenance Areas for PM10 and PM2.5:
Fugitive Emissions and Fugitive Dust; R307-310. Salt Lake County: Trading of Emission Budgets for Transportation Conformity; R307-311. Utah County: Trading of Emission Budgets for Transportation Conformity; R307-841. Residential Property and Child-Occupied Facility Renovation; and R307-842. Lead-Based Paint Activities. ______________________________________________________________________________________ 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, but only 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 received since the last five-year review of each rule. This process is not the time to revisit those comments
or to respond to them.
DAQ-078-24 Page 2
DAQ has completed a five-year review of: R307-103. Administrative Procedures; R307-165. Stack Testing; R307-201. Emission Standards: General Emission Standards; R307-202. Emission Standards: General Burning; R307-203. Emission Standards: Sulfur Content of Fuels; R307-204. Emission Standards: Smoke Management; R307-205. Emission Standards: Fugitive Emissions and Fugitive Dust; R307-206. Emission Standards: Abrasive Blasting; R307-207. Residential Fireplaces and Solid Fuel Burning Devices;
R307-305. Nonattainment and Maintenance Areas for PM10: Emission Standards; R307-306. PM10 Nonattainment and Maintenance Areas: Abrasive Blasting; R307-307. Road Salting and Sanding;
R307-309. Nonattainment and Maintenance Areas for PM10 and PM2.5: Fugitive Emissions and Fugitive Dust; R307-310. Salt Lake County: Trading of Emission Budgets for Transportation Conformity;
R307-311. Utah County: Trading of Emission Budgets for Transportation Conformity; R307-841. Residential Property and Child-Occupied Facility Renovation; and R307-842. Lead-Based Paint Activities. The results of these reviews are found in the attached Five-Year Notice of Review and Statement of Continuation forms. Recommendation: Staff recommend that the Board continue these rules by approving the attached forms to be filed with the Office of Administrative Rules.
State of Utah
Administrative Rule Analysis
Revised May 2024
NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION
Rule Number: R307-103 Filing ID: Office Use Only
Effective Date: Office Use Only
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:
Erica Pryor 385-499-3416 [e-mail]
Please address questions regarding information on this notice to the persons listed above.
General Information
2. Rule catchline:
R307-103. Administrative Procedures.
3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these
provisions authorize or require this rule:
The Utah Administrative Procedures Act (UAPA), Subsection 63G-4-102(6), allows state administrative agencies to enact rules
"affecting or governing adjudicative proceedings," so long as the rules are adopted according to the Utah Administrative
Rulemaking Act and conform to the requirements of UAPA. Rule R307-103 establishes administrative procedures that are
tailored to DAQ's administrative needs and the needs of those affected by the agency's actions. The procedures in Rule R307-
103 ensure consistency in the Division's administrative actions and give constitutional due process and fair notice to the
regulated community and the public of their and DAQ's roles and responsibilities in the agency's actions.
4. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule:
No comments have been received since the last 5-year review in December 2019.
5. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments
in opposition to this rule, if any:
Rule R307-103 sets forth administrative processes for the Division of Air Quality and the regulated community to ensure
constitutional due process for the regulated community and the public and should be continued.
Agency Authorization Information
To the agency: Information requested on this form is required by Section 63G-3-305. Incomplete forms will be returned to the
agency for completion, possibly delaying publication in the Utah State Bulletin.
Agency head or
designee and title:
Bryce C. Bird, Director, Division of Air
Quality
Date: 09/11/2024
Reminder: Text changes cannot be made with this type of rule filing. To change any text, please file an amendment or a
nonsubstantive change.
R307. Environmental Quality, Air Quality. 1
R307-103. Administrative Procedures. 2
R307-103-1. Administrative Procedures. 3
Administrative proceedings under Utah Air Quality Act are governed by Rule R305-7. 4
5
KEY: air pollution, administrative procedures, administrative proceedings, hearings 6
Date of Enactment or Last Substantive Amendment: August 29, 2011 7
Notice of Continuation: December 9, 2019 8
Authorizing, and Implemented or Interpreted Law: 63G-4 9
Page 1 of 1
State of Utah
Administrative Rule Analysis
Revised May 2024

NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION
Rule Number: R307-165 Filing ID: Office Use Only
Effective Date: Office Use Only

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:
Erica Pryor 385-499-3416 [e-mail]

Please address questions regarding information on this notice to the persons listed above.

General Information
2. Rule catchline:
R307-165. Stack Testing.

3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these
provisions authorize or require this rule:
Subsection 19-2-104(1)(a) allows the Air Quality Board to make rules “…regarding the control, abatement, and prevention of air
pollution from all sources…” One component of preventing air pollution is testing to ensure that control equipment is working
properly.

4. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule:
Rule R307-165 was repealed and reenacted in March 2020. No comments have been submitted on this rule since the last five-
year review in December 2019.

5. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments
in opposition to this rule, if any:
Rule R307-165 establishes the frequency of emission testing requirements for all areas in the state. Without periodic testing,
there is no guarantee that pollution control equipment is working properly. Therefore, this rule should be continued.

Agency Authorization Information
To the agency: Information requested on this form is required by Section 63G-3-305. Incomplete forms will be returned to the
agency for completion, possibly delaying publication in the Utah State Bulletin.
Agency head or
designee and title:
Bryce C. Bird, Director, Division of Air
Quality
Date: 09/11/2024
Reminder: Text changes cannot be made with this type of rule filing. To change any text, please file an amendment or a
nonsubstantive change.

R307. Environmental Quality, Air Quality. 1
R307-165. Stack Testing. 2
R307-165-1. Purpose and Applicability. 3
(1) The purpose of Rule R307-165 is to establish the requirements for stack testing.4
(2) Rule R307-165 applies to each emissions unit with established emission limitations5
specified in approval orders issued under Rule R307-401 or in the Utah State Implementation Plan 6
Section IX, Part H. 7
(3) Rule R307-165 does not apply to opacity limitations or emissions units with emissions8
monitored under Rule R307-170. 9
10
R307-165-2. Testing Frequency. 11
(1) The owner or operator of an emissions unit under Subsection R307-165-1(2) shall12
conduct stack testing at least once every five years. More frequent testing may be required as 13
specified in an applicable federal rule, approval order, Title V permit, or State Implementation Plan. 14
(2) If the director has reason to believe that an applicable emission limitation is being15
exceeded, the owner or operator shall perform such stack testing as is necessary to determine the 16
actual compliance status and as required by the director. 17
(3) The owner or operator shall conduct stack testing of an emissions unit approved under18
Rule R307-401 within 180 days of startup. 19
20
R307-165-3. Notification of DAQ. 21
(1) Unless otherwise specified by federal rule, the owner or operator shall notify the22
director of the date, time and place of stack testing no less than 30 days, before conducting a stack 23
test, and provide a copy of the source test protocol to the director. 24
(2) The source shall obtain approval of the protocol from the director prior to conducting25
the test. The source test protocol shall: 26
(a) identify the reason for the test;27
(b) outline each proposed test methodology;28
(c) identify each stack to be tested; and29
(d) identify each procedure to be used.30
(3) The owner or operator shall attend a pretest conference if determined necessary by the31
director. 32
33
R307-165-4. Test Conditions. 34
(1) The production rate during all stack testing shall be no less than 90% of the maximum35
production rate achieved in the previous three years. If the desired production rate is not achieved at 36
the time of the test, the maximum production rate shall be 110% of the tested achieved rate, but not 37
more than the maximum allowable production rate. This new allowable maximum production rate 38
shall remain in effect until successfully tested at a higher rate. The owner or operator shall request a 39
higher production rate when necessary. Testing at no less than 90% of the higher rate shall be 40
conducted. A new maximum production rate of 110% of the new rate will then be allowed if the 41
test is successful. This process may be repeated until the maximum allowable production rate is 42
achieved. 43
(2) During the stack testing, the owner or operator shall burn fuels or combinations of fuels,44
use raw materials, and maintain process conditions representative of normal operations of the 45
emissions unit. 46
(3) The owner or operator shall operate the emissions unit under such other relevant47
conditions as the director shall specify. 48
49
Page 1 of 2
R307-165-5. Reporting. 1
The owner or operator shall submit a written report of the results from the stack testing to 2
the director no later than 60 days after completion of the stack testing. The report shall include 3
validated results and supporting information. 4
5
R307-165-6. Rejection of Test Results. 6
The director may reject stack testing results if determined to be incomplete, inadequate, not 7
representative of operating conditions specified for the test, or if the director was not provided an 8
opportunity to have an observer present at the test. 9
10
KEY: air pollution, emission testing 11
Date of Enactment or Last Substantive Amendment: August 10, 2020 12
Notice of Continuation: December 9, 2019 13
Authorizing, and Implemented or Interpreted Law: 19-2-104(1) 14
Page 2 of 2
State of Utah
Administrative Rule Analysis
Revised May 2024

NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION
Rule Number: R307-201 Filing ID: Office Use Only
Effective Date: Office Use Only

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:
Erica Pryor 385-499-3416 [e-mail]

Please address questions regarding information on this notice to the persons listed above.

General Information
2. Rule catchline:
R307-201. Emission Standards: General Emission Standards.

3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these
provisions authorize or require this rule:
Subsection 19-2-104(1)(b) allows the Air Quality Board to make rules “establishing air quality standards.” Standards are needed
to ensure that emissions of air pollution do not harm public health.

4. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule:
No comments have been received since the last five-year review in December 2019.

5. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments
in opposition to this rule, if any:
Standards are needed to ensure that emissions of air pollution do not harm public health. This rule establishes emission
standards statewide.

Agency Authorization Information
To the agency: Information requested on this form is required by Section 63G-3-305. Incomplete forms will be returned to the
agency for completion, possibly delaying publication in the Utah State Bulletin.
Agency head or
designee and title:
Bryce C. Bird, Director, Division of Air
Quality
Date: 09/11/2024
Reminder: Text changes cannot be made with this type of rule filing. To change any text, please file an amendment or a
nonsubstantive change.

R307. Environmental Quality, Air Quality. 1
R307-201. Emission Standards: General Emission Standards. 2
R307-201-1. Purpose. 3
R307-201 establishes emission standards for all areas of the state except for sources listed in 4
section IX, Part H of the state implementation plan or located in a PM10 nonattainment or 5
maintenance area. 6
7
R307-201-2. Applicability. 8
R307-201 applies statewide to any sources of emissions except for sources listed in section 9
IX, Part H of the state implementation plan or located in a PM10 nonattainment or maintenance 10
area. 11
12
R307-201-3. Visible Emissions Standards. 13
(1) Visible emissions from installations constructed on or before April 25, 1971, except14
diesel engines, shall be of a shade or density no darker than 40% opacity, except as otherwise 15
provided in these rules. 16
(2) Visible emissions from installations constructed after April 25, 1971, except diesel17
engines shall be of a shade or density no darker than 20% opacity, except as otherwise provided in 18
these rules. 19
(3) Visible emissions for all incinerators, no matter when constructed, shall be of shade or20
density no darker than 20% opacity. 21
(4) No owner or operator of a gasoline powered engine or vehicle shall allow, cause or22
permit visible emissions. 23
(5) Emissions from diesel engines, except locomotives, manufactured after January 1, 1973,24
shall be of a shade or density no darker than 20% opacity, except for starting motion no farther than 25
100 yards or for stationary operation not exceeding three minutes in any hour. 26
(6) Emissions from diesel engines manufactured before January 1, 1973, shall be of a shade27
or density no darker than 40% opacity, except for starting motion no farther than 100 yards or for 28
stationary operation not exceeding three minutes in any hour. 29
(7) Visible emissions exceeding the opacity standards for short time periods as the result of30
initial warm-up, soot blowing, cleaning of grates, building of boiler fires, cooling, etc., caused by 31
start-up or shutdown of a facility, installation or operation, or unavoidable combustion irregularities 32
which do not exceed three minutes in length (unavoidable combustion irregularities which exceed 33
three minutes in length must be handled in accordance with R307-107), shall not be deemed in 34
violation provided that the director finds that adequate control technology has been applied. The 35
owner or operator shall minimize visible and non-visible emissions during start-up or shutdown of a 36
facility, installation, or operation through the use of adequate control technology and proper 37
procedures. 38
(8) Compliance Method. Emissions shall be brought into compliance with these39
requirements by reduction of the total weight of pollutants discharged per unit of time rather than by 40
dilution of emissions with clean air. 41
(9) Opacity Observation. Opacity observations of emissions from stationary sources shall42
be conducted in accordance with EPA Method 9. Opacity observers of mobile sources and 43
intermittent sources shall use procedures similar to Method 9, but the requirement for observations 44
to be made at 15 second intervals over a 6-minute period shall not apply. 45
46
R307-201-4. Automobile Emission Control Devices. 47
Any person owning or operating any motor vehicle or motor vehicle engine registered or 48
principally operated in the State of Utah on which is installed or incorporated a system or device for 49
Page 1 of 2
the control of crankcase emissions or exhaust emissions in compliance with the Federal motor 1
vehicle rules, shall maintain the system or device in operable condition and shall use it at all times 2
that the motor vehicle or motor vehicle engine is operated. No person shall remove or make 3
inoperable the system or device or any part thereof, except for the purpose of installing another 4
system or device, or part thereof, which is equally or more effective in reducing emissions from the 5
vehicle to the atmosphere. 6
7
KEY: air pollution, PM10 8
Date of Enactment or Last Substantive Amendment: December 15, 2015 9
Notice of Continuation: December 9, 2019 10
Authorizing, and Implemented or Interpreted Law: 19-2-101; 19-2-104 11
Page 2 of 2
State of Utah
Administrative Rule Analysis
Revised May 2024

NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION
Rule Number: R307-202 Filing ID: Office Use Only
Effective Date: Office Use Only

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:
Erica Pryor 385-499-3416 [e-mail]
Joel Karmazyn 385-258-4957 [e-mail]

Please address questions regarding information on this notice to the persons listed above.

General Information
2. Rule catchline:
R307-202. Emission Standards: General Burning.

3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these
provisions authorize or require this rule:
Subsection 19-2-104(1)(a) allows the Air Quality Board to make rules “…regarding the control, abatement, and prevention of air
pollution from all sources…” Rule R307-202 sets forth the conditions under which burning of yard clippings is allowed, forbids
burning at community waste disposal sites, and the burning of trash or garbage, Rule R307-202 does not regulate fireplaces or
outdoor grills.

4. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule:
No comments have been received since the last five-year review in December 2019. However, the Division of Air Quality is
making amendments to Rule R307-202 during the same period that this five-year review is due. Any potential comments the
agency may receive would be addressed during the public comment period 8/1/2024 through 9/3/2024 under that rulemaking.

5. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments
in opposition to this rule, if any:
Rule R307-202 is necessary to specify time windows when local officials may allow burning for yard cleanup, and to set forth
the kinds of burning for which permits are not needed; and should be continued. In addition, Rule R307-202 is a component of
Utah’s State Implementation Plan, and cannot be deleted without EPA approval.

Agency Authorization Information
To the agency: Information requested on this form is required by Section 63G-3-305. Incomplete forms will be returned to the
agency for completion, possibly delaying publication in the Utah State Bulletin.
Agency head or
designee and title:
Bryce C. Bird, Director, Division of Air
Quality
Date: 09/11/2024
Reminder: Text changes cannot be made with this type of rule filing. To change any text, please file an amendment or a
nonsubstantive change.

R307. Environmental Quality, Air Quality. 1
R307-202. Emission Standards: General Burning. 2
R307-202-1. Applicability. 3
R307-202-4 through R307-202-8 applies to general burning within incorporated community 4
under the authority of county or municipal fire authority. 5
6
R307-202-2. Definitions. 7
The following additional definitions apply only to R307-202. 8
"Attainment areas" means any area that meets the national primary and secondary ambient 9
air quality standard (NAAQS) for the pollutant. 10
"County or municipal fire authority" means the public official so designated with the 11
responsibility, authority, and training to protect people, property, and the environment from fire, 12
within their respective area of jurisdiction. 13
"Federal Class I Area" means an area that consists of national parks exceeding 6,000 acres, 14
wilderness areas and national memorial parks exceeding 5,000 acres, and all international parks that 15
were in existence on August 7, 1977. See Clean Air Act section 162(a). 16
"Fire hazard" means a hazardous condition involving combustible, flammable, or explosive 17
material that represents a substantial threat to life or property if not immediately abated, as declared 18
by the county or municipal fire authority. 19
"Native American spiritual advisor" means a person who leads, instructs, or facilitates a 20
Native American religious ceremony or service; or provides religious counseling; is an enrolled 21
member of a federally recognized Native American tribe; and is recognized as a spiritual advisor by 22
a federally recognized Native American tribe. "Native American spiritual advisor" includes a sweat 23
lodge leader, medicine person, traditional religious practitioner, or holy man or woman. 24
25
R307-202-3. Exclusions. 26
As provided in Section 19-2-114, the provisions of R307-202 are not applicable to: 27
(1) Except for areas zoned as residential, burning incident to horticultural or agricultural28
operations of: 29
(a) Prunings from trees, bushes, and plants; and30
(b) Dead or diseased trees, bushes, and plants, including stubble.31
(2) Burning of weed growth along ditch banks for clearing these ditches for irrigation32
purposes; 33
(3) Controlled heating of orchards or other crops during the frost season to lessen the34
chances of their being frozen so long as the emissions from this heating do not cause or contribute to 35
an exceedance of any national ambient air quality standards and is consistent with the federally 36
approved State Implementation Plan; and 37
(4) The controlled burning of not more than two structures per year by an organized and38
operating fire department for the purpose of training fire service personnel when the National 39
Weather Service clearing index is above 500. See also Section 11-7-1(2)(a). 40
(5) Ceremonial burning is excluded from R307-202-4(2) when conducted by a Native41
American spiritual advisor. 42
43
R307-202-4. Prohibitions. 44
(1) No open burning shall be done at sites used for disposal of community trash, garbage45
and other wastes. 46
(2) No person shall burn under this rule when the director issues a public announcement47
under R307-302. The director will distribute such announcement to the local media notifying the 48
public that a mandatory no-burn period is in effect for the area where the burning is to occur. 49
Page 1 of 4
1
R307-202-5. General Requirements. 2
(1) Except as otherwise provided in this rule, no person shall set or use an open outdoor fire3
for the purpose of disposal or burning of petroleum wastes; demolition or construction debris; 4
residential rubbish; garbage or vegetation; tires; tar; trees; wood waste; other combustible or 5
flammable solid, liquid or gaseous waste; or for metal salvage or burning of motor vehicle bodies. 6
(2) The county or municipal fire authority shall approve burning based on the predicted7
meteorological conditions and whether the emissions would impact the health and welfare of the 8
public or cause or contribute to an exceedance of any national ambient air quality standard. 9
(3) Nothing in this regulation shall be construed as relieving any person conducting open10
burning from meeting the requirements of any applicable federal, state or local requirements 11
concerning disposal of any combustible materials. 12
(4) The county or municipal fire authority that approves any open burning permit will retain13
a copy of each permit issued for one year. 14
15
R307-202-6. Open Burning - Without Permit. 16
The following types of open burning do not require a permit when not prohibited by other 17
local, state or federal laws and regulations, when it does not create a nuisance, as defined in Section 18
76-10-803, and does not impact the health and welfare of the public.19
(1) Devices for the primary purpose of preparing food such as outdoor grills and fireplaces;20
(2) Campfires and fires used solely for recreational purposes where such fires are under21
control of a responsible person and the combustible material is clean, dry wood or charcoal; and 22
(3) Indoor fireplaces and residential solid fuel burning devices except as provided in R307-23
302-2.24
25
R307-202-7. Open Burning - With Permit. 26
(1) No person shall knowingly conduct open burning unless the open burning activities may27
be conducted without a permit pursuant to R307-202-6 or the person has a valid permit for burning 28
on a specified date or period, issued by the county or municipal fire authority having jurisdiction in 29
the area where the open burning will take place. 30
(2) A permit applicant shall provide information as requested by the county or municipal31
fire authority. No permit or authorization shall be deemed valid unless the issuing authority 32
determines that the applicant has provided the required information. 33
(3) Persons seeking an open burning permit shall submit to the county or municipal fire34
authority an application on a form provided by the director for each separate burn. 35
(4) A permit shall be valid only on the lands specified on the permit.36
(5) No material shall be burned unless it is clearly described and quantified as material to be37
burned on a valid permit. 38
(6) No burning shall be conducted contrary to the conditions specified on the permit.39
(7) Any permit issued by a county or municipal fire authority shall be subject to the local,40
state, and federal rules and regulations. 41
(8) Open burning is authorized by the issuance of a permit, as stipulated within this rule, for42
specification in R307-202-7(10). These permits can only be issued when not prohibited by other 43
local, state, or federal laws and regulations and when a nuisance as defined in Section 76-10-803 is 44
not created and does not impact the health and welfare of the public. 45
(9) Individual permits, as stipulated within this rule, for the types of burning listed in R307-46
202-7(10) may be issued by a county or municipal fire authority when the clearing index is 500 or47
greater. When the clearing index is below 500, all permits issued for that day will be null and void 48
until further notice from the county or municipal fire authority. Additionally, anyone burning on the 49
Page 2 of 4
day when the clearing index is below 500 or is found to be violating any part of this rule shall be 1
liable for a fine in accordance with R307-130. 2
(10) Types of open burning for which a permit may be granted are: 3
(a) Except in nonattainment and maintenance areas, open burning of tree cuttings and slash 4
in forest areas where the cuttings accrue from pulping, lumbering, and similar operations, but 5
excluding waste from sawmill operations such as sawdust and scrap lumber. 6
(b) Open burning of trees and brush within railroad rights-of-way provided that dirt is 7
removed from stumps before burning, and that tires, oil more dense than #2 fuel oil, tar, or other 8
materials which can cause severe air pollution are not present in the materials to be burned, and are 9
not used to start fires or to keep fires burning. 10
(c) Open burning of a fire hazard that a county or municipal fire authority determines 11
cannot be abated by any other viable option. 12
(d) Open burning of highly explosive materials when a county or municipal fire authority, 13
law enforcement agency or governmental agency having jurisdiction determines that onsite burning 14
or detonation in place is the only reasonably available method for safely disposing of the material. 15
(e) Open burning for the disposal of contraband in the possession of public law enforcement 16
personnel provided they demonstrate to the county or municipal fire authority that open burning is 17
the only reasonably available method for safely disposing of the material. 18
(f) Open burning of clippings, bushes, plants and prunings from trees incident to property 19
clean-up activities, including residential cleanup, provided that the following conditions have been 20
met: 21
(i) Within only the counties of Washington, Kane, San Juan, Iron, Garfield, Beaver, Piute, 22
Wayne, Grand and Emery, the county or municipal fire authority may issue a permit between March 23
1 and May 30 when the clearing index is 500 or greater. The county or municipal fire authority may 24
issue a permit between September 15 to November 15 for such burning to occur when the state 25
forester has approved the burning window under Section 65A-8-211 and the clearing index is 500 or 26
greater. 27
(ii) In all other areas of the state, the county or municipal fire authority may issue a permit 28
between March 30 and May 30 for such burning to occur when the clearing index is 500 or greater. 29
The county or municipal fire authority may issue a permit between September 15 and October 30 30
for such burning to occur when the state forester has approved the burning window under Section 31
65A-8-211 and the clearing index is 500 or greater. 32
(iii) Such burnings occur in accordance with state and federal requirements; 33
(iv) Materials to be burned are thoroughly dry; and 34
(v) No trash, rubbish, tires, or oil are included in the material to be burned, used to start 35
fires, or used to keep fires burning. 36
(g) Except for nonattainment and maintenance areas, the director may grant a permit for 37
types of open burning not specified in R307-202-7(3) on written application if the director finds that 38
the burning is consistent with the federally approved State Implementation Plan and does not cause 39
or contribute to an exceedance of any national ambient air quality standards. 40
(i) This permit may be granted once the director has reviewed the written application with 41
the requirements and criteria found within this rule at R307-202-7. 42
(ii) Open Burning Permit Criteria. 43
(A) The director or the county or municipal fire authority shall consider the following 44
factors in determining whether, and upon what conditions, to issue an open burning permit: 45
(I) The location and proximity of the proposed burning to any building, other structures, the 46
public, and federal Class I areas that might be impacted by the smoke and emissions from the burn; 47
(II) Burning will only be conducted when the clearing index is 500 or above; and 48
(III) Whether there is any practical alternative method for the disposal of the material to be 49
Page 3 of 4
burned. 1
(B) Methods to minimize emissions and smoke impacts may include, but are not limited to: 2
(I) The use of clean auxiliary fuel; 3
(II) Drying the material prior to ignition; and 4
(III) Separation for alternative disposal of materials that produce higher levels of emissions 5
and smoke during the combustion process. 6
(C) Open burning permits are not valid during periods when the clearing index is below 500 7
or publicly announced air pollution emergencies or alerts have been declared in the area of the 8
proposed burn. 9
(D) For burns of piled material, all piles shall be reasonably dry and free of dirt. 10
(E) Open burns shall be supervised by a responsible person who shall notify the local fire 11
department and have available, either on-site or by the local fire department, the means to suppress 12
the burn if the fire does not comply with the terms and conditions of the permit. 13
(F) All open burning operations shall be subject to inspection by the director or county or 14
municipal fire authority. The permittee shall maintain at the burn site the original or a copy of the 15
permit that shall be made available without unreasonable delay to the inspector. 16
(G) If at any time the director or the county or municipal fire authority granting the permit 17
determines that the permittee has not complied with any term or condition of the permit, the permit 18
is subject to partial or complete suspension, revocation or imposition of additional conditions. All 19
burning activity subject to the permit shall be terminated immediately upon notice of suspension or 20
revocation. In addition to suspension or revocation of the permit, the director or county or 21
municipal fire authority may take any other enforcement action authorized under state or local law. 22
23
R307-202-8. Special Conditions. 24
(1) Open burning for special purposes or under unusual or emergency circumstances may 25
be approved by the director if it is consistent with the federally approved State Implementation Plan 26
and does not cause or contribute to an exceedance of any national ambient air quality standards. 27
(a) This permit may be granted once the director has reviewed the written application with 28
the requirements and criteria in R307-202-7. 29
30
KEY: air pollution, open burning, fire authority 31
Date of Enactment or Last Substantive Amendment: October 6, 2014 32
Notice of Continuation: December 9, 2019 33
Authorizing, and Implemented or Interpreted Law: 19-2-104; 11-7-1(2)(a); 65A-8-211; 76-10-34
803 35
Page 4 of 4
State of Utah
Administrative Rule Analysis
Revised May 2024

NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION
Rule Number: R307-203 Filing ID: Office Use Only
Effective Date: Office Use Only

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:
Erica Pryor 385-499-3416 [e-mail]

Please address questions regarding information on this notice to the persons listed above.

General Information
2. Rule catchline:
R307-203. Emission Standards: Sulfur Content of Fuels.

3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these
provisions authorize or require this rule:
Rule R307-203 establishes the maximum amount of sulfur that may be contained in coal and oil burned in industrial processes
and residential heating, thus holding down the emissions of sulfur dioxide from these processes. Subsection 19-2-104(1)(a)
authorizes the Air Quality Board to make rules “…regarding the control, abatement, and prevention of air pollution from all
sources and the establishment of the maximum quantity of air contaminants that may be emitted by any air contaminant
source.”

4. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule:
No written comments have been received since the last five-year review in December 2019.

5. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments
in opposition to this rule, if any:
Sulfur dioxide is harmful to human health, which is the basis for EPA’s listing of sulfur dioxide as a principal pollutant. Without
this rule, users could burn coal or oil with higher sulfur content, thus emitting more sulfur dioxide into the atmosphere. In
addition, Rule R307-203 is a component of Utah’s State Implementation Plan, and cannot be deleted without EPA approval.

Agency Authorization Information
To the agency: Information requested on this form is required by Section 63G-3-305. Incomplete forms will be returned to the
agency for completion, possibly delaying publication in the Utah State Bulletin.
Agency head or
designee and title:
Bryce C. Bird, Director, Division of Air
Quality
Date: 09/11/2024
Reminder: Text changes cannot be made with this type of rule filing. To change any text, please file an amendment or a
nonsubstantive change.

R307. Environmental Quality, Air Quality. 1
R307-203. Emission Standards: Sulfur Content of Fuels. 2
R307-203-1. Commercial and Industrial Sources. 3
(1) Any coal, oil, or mixture thereof, burned in any fuel burning or process installation not4
covered by New Source Performance Standards for sulfur emissions shall contain no more than 1.0 5
pound sulfur per million gross BTU heat input for any mixture of coal nor .85 pounds sulfur per 6
million gross BTU heat input for any oil. 7
(a) In the case of fuel oil, it shall be sufficient to record the following specifications for each8
purchase of fuel oil from the vendor: weight percent sulfur, gross heating value (btu per unit 9
volume), and density. These parameters shall be ascertained in accordance with the methods of the 10
American Society for Testing and Materials. 11
(b) In the case of coal, it shall be necessary to obtain a representative grab sample for every12
24 hours of operation and the sample shall be tested in accordance with the methods of the 13
American Society for Testing and Materials. 14
(c) All sources located in the SO2 nonattainment area covered by Section IX, Part H of the15
Utah State Implementation Plan which are required to comply with specific fuel (oil or coal) sulfur 16
content limitations must demonstrate compliance with their limitations in accordance with (a) and 17
(b) above.18
(d) Records of fuel sulfur content shall be kept for all periods when the plant is in operation19
and shall be made available to the director upon request, and shall include a period of two years 20
ending with the date of the request. 21
(e) If the owner/operator of the source can demonstrate to the director that the inherent22
variability of the coal they are receiving from the vendor is low enough such that the testing 23
requirements outlined above may be deemed excessive, then an alternative testing plan may be 24
approved for use with the same source of coal. 25
(f) Any person may apply to the director for approval of an alternative test method, an26
alternative method of control, an alternative compliance period, an alternative emission limit, or an 27
alternative monitoring schedule. The application must include a demonstration that the proposed 28
alternative produces an equal or greater air quality benefit than that required by R307-203, or that 29
the alternative test method is equivalent to that required by R307-203. The director shall obtain 30
concurrence from EPA when approving an alternative test method, an alternative method of control, 31
an alternative compliance period, an alternative emission limit, or an alternative monitoring 32
schedule. 33
(2) Any person engaged in operating fuel burning equipment using coal or fuel oil, which is34
not covered by New Source Performance Standards for sulfur emissions, may apply for an 35
exemption from the sulfur content restrictions of (1) above. The applicant shall furnish evidence, 36
that the fuel burning equipment is operating in such a manner as to prevent the emission of sulfur 37
dioxide in amounts greater than would be produced under the limitations of (1) above. Control 38
apparatus to continuously prevent the emission of sulfur greater than provided by (1) above must be 39
specified in the application for an exemption. 40
(3) In case an exemption is granted, the operator shall install continuous emission41
monitoring devices approved by the director. The operator shall provide the director with a monthly 42
summary of the data from such monitors. This summary shall be such as to show the degree of 43
compliance with (1) above. It shall be submitted no later than the calendar month succeeding its 44
recording. When exemptions from (1) above are granted, the source's application for such 45
exemption must specify the test method for determining sulfur emissions. The test method must 46
agree with the NSPS test method for the same industrial category. 47
(4) Methods for determining sulfur content of coal and fuel oil shall be those methods of the48
American Society for Testing and Materials. 49
Page 1 of 2
(a) For determining sulfur content in coal, ASTM Methods D3177-75 or D4239-85 are to 1
be used. 2
(b) For determining sulfur content in oil, ASTM Methods D2880-71 or D4294-89 are to be 3
used. 4
(c) For determining the gross calorific (or BTU) content of coal, ASTM Methods D2015-77 5
or D3286-85 are to be used. 6
7
R307-203-2. Sulfur and Ash Content of Coal for Residential Use. 8
(1) After July 1, 1987, no person shall sell, distribute, use or make available for use any 9
coal or coal containing fuel for direct space heating in residential solid fuel burning devices and 10
fireplaces which exceeds the following limitations as measured by the American Society for Testing 11
Materials Methods: 12
(a) 1.0 pound sulfur per million BTU's, and 13
(b) 12% volatile ash content. 14
(2) Any person selling coal or coal containing fuel used for direct residential space heating 15
within the State of Utah shall provide written documentation to the coal consumer of the sulfur and 16
volatile ash content of the coal being purchased. 17
18
R307-203-3. Emissions Standards. 19
Other provisions of R307 may require more stringent controls than listed herein, in which 20
case those requirements must be met. 21
22
KEY: air pollution, fuel composition*, fuel oil* 23
Date of Enactment or Last Substantive Amendment: September 15, 1998 24
Notice of Continuation: December 9, 2019 25
Authorizing, and Implemented or Interpreted Law: 19-2-104 26
Page 2 of 2
State of Utah
Administrative Rule Analysis
Revised May 2024

NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION
Rule Number: R307-204 Filing ID: Office Use Only
Effective Date: Office Use Only

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:
Erica Pryor 385-499-3416 [e-mail]

Please address questions regarding information on this notice to the persons listed above.

General Information
2. Rule catchline:
R307-204 Emission Standards: Smoke Management.

3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these
provisions authorize or require this rule:
Subsection 19-2-104(1)(a) allows the Air Quality Board to make rules "…regarding the control, abatement, and prevention of air
pollution from all sources and the establishment of the maximum quantity of air contaminants that may be emitted by any air
contaminant source." Rule R307-204 protects the public health by controlling the release and impact of particulate pollution
associated with prescribed and controlled fires in the state of Utah. Rule R307-204 also describes the operational procedures to
follow when prescribed fires, wildland fires, or wildland fire use events take place on specific lands in Utah owned or managed
by state and federal land management agencies. Rule R307-204 does not apply to agricultural activities specified in Section 19-
2-114.

4. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule:
No comments were received since the last five-year review in December 2019.

5. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments
in opposition to this rule, if any:
Rule R307-204 protects the public health by controlling the release and impact of particulate pollution associated with
prescribed and controlled fires in the state of Utah. Smoke has become a dominant public complaint, supporting the need for
this regulation. Therefore, this rule should be continued. Additionally, Rule R307-204 is a component of Utah’s State
Implementation Plan, and it cannot be deleted without EPA approval.

Agency Authorization Information
To the agency: Information requested on this form is required by Section 63G-3-305. Incomplete forms will be returned to the
agency for completion, possibly delaying publication in the Utah State Bulletin.
Agency head or
designee and title:
Bryce C. Bird, Director, Division of Air
Quality
Date: 09/11/2024
Reminder: Text changes cannot be made with this type of rule filing. To change any text, please file an amendment or a
nonsubstantive change.

R307. Environmental Quality, Air Quality. 1
R307-204. Emission Standards: Smoke Management. 2
R307-204-1. Purpose and Goals. 3
(1) The purpose of R307-204 is to establish by rule procedures that mitigate the impacts on4
air quality and visibility from prescribed fire. 5
6
R307-204-2. Applicability. 7
(1) R307-204 applies to all persons using prescribed fire on land they own or manage.8
(2) R307-204 does not apply to agricultural activities specified in 19-2-114 and to those9
regulated under R307-202, or to activities otherwise permitted under R307. 10
11
R307-204-3. Definitions. 12
The following additional definitions apply only to R307-204. 13
"Annual Emissions Goal" means the annual establishment of a planned quantitative value of 14
emissions reductions from prescribed fire. 15
"Best Management Practices" means smoke management and dispersion techniques used 16
during a prescribed fire that affect the direction, duration, height or density of smoke. 17
"Burn Window" means the period of time during which the prescribed fire is scheduled for 18
ignition. 19
"Emission Reduction Techniques (ERT)" mean techniques for controlling emissions from 20
prescribed fires to minimize the amount of emission output per unit or acre burned. 21
"Federal Class I Area" means any Federal land that is federally classified or reclassified 22
Class I. 23
"Land Manager" means any federal, state, local or private entity that owns, administers, 24
directs, oversees or controls the use of public or private land, including the application of fire to the 25
land. 26
"Non-burning Alternatives to Fire" means non-burning techniques that are used to achieve a 27
particular land management objective, including but not limited to reduction of fuel loading, 28
manipulation of fuels, enhancement of wildlife habitat, and ecosystem restructuring. These 29
alternatives are designed to replace the use of fire for at least five years. 30
"Nonfull suppression event" means a naturally ignited wildland fire (wildfire) for which a 31
land manager secures less than full suppression to accomplish a specific prestated resource 32
management objective in a predefined geographic area. 33
"Particulate Matter" means the liquid or solid particles such as dust, smoke, mist, or smog 34
found in air emissions. 35
"Pile" means natural materials or debris resulting from some type of fuels management 36
practice that have been relocated either by hand or machinery into a concentrated area. 37
"Pile Burn" means burning of individual piles. 38
"Prescribed Fire or Prescribed Burn" means a wildland fire originating from a planned 39
ignition to meet specific objectives identified in a written, approved, prescribed fire plan. 40
"Prescribed Fire Plan" means the plan required for each fire application ignited by 41
managers. It must be prepared by qualified personnel and approved by the appropriate agency 42
administrator prior to implementation. Each plan follows specific agency direction and must include 43
critical elements described in agency manuals. 44
"Prescription" means the measurable criteria that define conditions under which a prescribed 45
fire may be ignited, guide selection of appropriate management responses, and indicates other 46
required actions. Prescription criteria may include safety, economic, public health, environmental, 47
geographic, administrative, social, or legal considerations. 48
"Smoke Sensitive Receptors" means population centers such as towns and villages, 49
Page 1 of 4
campgrounds and trails, hospitals, nursing homes, schools, roads, airports, Class I areas, 1
nonattainment and maintenance areas, areas whose air quality monitoring data indicate pollutant 2
levels that are close to health standards, and any other areas where smoke and air pollutants can 3
adversely affect public health, safety and welfare. 4
"Wildfire" means unplanned ignition of a wildland fire (such as a fire caused by lightning, 5
volcanoes, unauthorized and accidental human-caused fires) and escaped prescribed fires. 6
"Wildland" means an area in which development is essentially non-existent, except for 7
pipelines, power lines, roads, railroads, or other transportation or conveyance facilities. Structures, 8
if any, are widely scattered. 9
"Wildland Fire" means any non-structure fire that occurs in the wildland. 10
11
R307-204-4. General Requirements. 12
(1) Management of On-Going Fires. The land manager shall notify the Division of all 13
wildfires, including nonfull suppression events. If, after consultation with the land manager, the 14
Director determines that a prescribed fire, wildfire, or any smoke transported from other locations, 15
is degrading air quality to levels that could violate the National Ambient Air Quality Standards or 16
burn plan conditions, the land manager shall promptly stop igniting additional prescribed fires. 17
(2) Non-burning Alternatives to Fire. Each land manager shall submit to the Director 18
annually, by March 15, a list of areas treated using non-burning alternatives to fire during the 19
previous calendar year, including the number of acres, the specific types of alternatives used, and 20
the location of these areas. 21
(3) Annual Emissions Goal. The Director shall provide an opportunity for an annual 22
meeting with land managers for the purpose of evaluation and adoption of the annual emission goal. 23
The annual emission goal shall be developed in cooperation with states, federal land management 24
agencies and private entities, to control prescribed fire emissions increases to the maximum feasible 25
extent. 26
(4) Long-term Fire Projections. Each land manager shall provide to the Director by March 27
15 annually long-term projections of future prescribed fire activity for annual assessment of 28
visibility impairment. 29
30
R307-204-5. Burn Schedule. 31
(1) Any land manager planning prescribed fire burning more than 50 acres per year shall 32
submit a burn schedule to the Director on forms provided by the Division, and shall include the 33
following information for all prescribed fires including those smaller than 20 acres: 34
(a) Project name and de minimis status; 35
(b) Latitude and longitude; 36
(c) Acres for the year, fuel type, and planned use of emission reduction techniques to 37
support establishment of the annual emissions goal; and 38
(d) Expected burn dates and burn duration. 39
(2) Each land manager shall submit each year's burn schedule no later than March 15 of that 40
year. 41
(3) Any land manager who makes changes to the burn schedule shall submit an amendment 42
to the burn schedule within 10 days after the change. 43
44
R307-204-6. Small Prescribed Fires (de minimis). 45
(1) A prescribed fire that covers less than 20 acres per burn or less than 30,000 cubic feet of 46
piled material shall only be ignited either when the clearing index is 500 or greater or when the 47
clearing index is between 400 and 499, if; 48
(a) The prescribed fire is recorded as a de minimis prescribed fire on the annual burn 49
Page 2 of 4
schedule; 1
(b) The land manager obtains approval from the Director by e-mail or phone prior to 2
ignition of the burn; and 3
(c) The land manager submits to the Director hourly photographs, a record of any 4
complaints, hourly meteorological conditions and an hourly description of the smoke plume. 5
6
R307-204-7. Large Prescribed Fires. 7
(1) For a prescribed fire that covers 20 acres or more per burn or 30,000 cubic feet of piled 8
material or more, the land manager shall submit to the Director a prescribed fire plan at least one 9
week before the beginning of the burn window. The plan shall include a prescription and description 10
of other state, county, municipal, or federal resources available on scene, or for contingency 11
purposes. 12
(2) The land manager shall submit pre-burn information to the Director at least two weeks 13
before the beginning of the burn window. The pre-burn information shall be submitted to the 14
Director on the appropriate form provided by the Division and shall include the following 15
information: 16
(a) The project name, total acres, and latitude and longitude; 17
(b) Summary of ignition method, burn type, and burn objectives, such as restoration or 18
maintenance of ecological functions or hazardous fuel reduction; 19
(c) Any sensitive receptor within 15 miles, including any Class I or nonattainment or 20
maintenance area, and distance and direction in degrees from the project site; 21
(d) The smoke dispersion or visibility model used and results; 22
(e) The estimated amount of total particulate matter anticipated; 23
(f) A description of how the public and land managers in neighboring states will be notified; 24
(g) A map depicting both the daytime and nighttime smoke path and down-drainage flow 25
for a minimum of 15 miles from the burn site with smoke-sensitive areas delineated; 26
(h) Safety and contingency plans for addressing any smoke intrusions; 27
(i) Planned use of emission reduction techniques to support establishment of an annual 28
emissions goal, if not already submitted under R307-204-5; and 29
(j) Any other information needed by the Director for smoke management purposes, or for 30
assessment of contribution to visibility impairment in any Class I area. 31
(3) Burn Request. 32
(a) The land manager shall submit to the Director a burn request on the form provided by 33
the Division by 1000 hours at least two business days before the planned ignition time. The form 34
must include the following information: 35
(i) The project name; 36
(ii) The date submitted and by whom; 37
(iii) The burn manager conducting the burn and phone numbers; and 38
(iv) The dates of the requested burn window. 39
(b) No large prescribed fire shall be ignited before the Director approves the burn request. 40
(c) If a prescribed fire is delayed, changed or not completed following burn approval, any 41
significant changes in the burn plan shall be submitted to the Director before the burn request is 42
submitted. 43
(4) Daily Emissions Report. By 0800 hours on the day following the prescribed fire, for 44
each day of prescribed fire activity covering 20 acres or more, the land manager shall submit to the 45
Director a daily emission report on the form provided by the Division including the following 46
information: 47
(a) Project name; 48
(b) The date submitted and by whom; 49
Page 3 of 4
(c) The start and end dates and times of the burn; 1
(d) Emission information, to include total affected acres, black acres, tons fuel consumed 2
per acre, and tons particulate matter produced; 3
(e) Public interest regarding smoke; 4
(f) Daytime smoke behavior; 5
(g) Nighttime smoke behavior; 6
(h) Emission reduction techniques applied; and 7
(i) Evaluation of the techniques used by the land manager to reduce emissions or manage 8
the smoke from the prescribed burn. 9
(5) Emission Reduction and Dispersion Techniques. Each land manager shall take 10
measures to prevent smoke impacts. Such measures may include best management practices such 11
as dilution, emission reduction or avoidance in addition to others described in the pre-burn 12
information form provided by the Division. An evaluation of the techniques shall be included in the 13
daily emissions report required by (4) above. 14
(6) Monitoring. Land managers shall monitor the effects of the prescribed fire on smoke 15
sensitive receptors and on visibility in Class I areas, as directed by the burn plan. Hourly visual 16
monitoring and documentation of the direction of the smoke plume shall be recorded on the form 17
provided by the Division or on the land manager's equivalent form. Complaints from the public 18
shall be noted in the land managers project file. Records shall be available for inspection by the 19
Director for six months following the end of the fire. 20
21
KEY: air quality, prescribed fire, smoke 22
Date of Enactment or Last Substantive Amendment: September 5, 2019 23
Notice of Continuation: December 9, 2019 24
Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a) 25
Page 4 of 4
State of Utah
Administrative Rule Analysis
Revised May 2024

NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION
Rule Number: R307-205 Filing ID: Office Use Only
Effective Date: Office Use Only

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:
Erica Pryor 385-499-3416 [e-mail]

Please address questions regarding information on this notice to the persons listed above.

General Information
2. Rule catchline:
R307-205. Emission Standards: Fugitive Emissions and Fugitive Dust.

3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these
provisions authorize or require this rule:
The Air Quality Board is required by Subsection 19-2-101(2) to “…achieve and maintain levels of air quality which will protect
human health and safety…” In addition, Subsection 19-2-104(1)(a) allows the Board to make rules “regarding the control,
abatement, and prevention of air pollution from all sources and the establishment of the maximum quantity of air contaminants
that may be emitted by any air contaminant source…” Also, Subsection 19-2-09(2)(a) allows the Board to “establish emission
control requirements by rule that in its judgment may be necessary to prevent, abate, or control air pollution that may be
statewide or may vary from area to area, taking into account varying local conditions.” Finally, Subsection 19-2-104(3)(e) allows
the Board to “…prepare and develop a comprehensive plan or plans for the prevention, abatement, and control of air pollution
in this state.” Rule R307-205 protects the public health by reducing emissions from industries, gravel pits, constructions sites,
haul trucks, mines, and tailings ponds, as authorized by the above statutes.

4. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule:
No comments were received since the last five-year review in December 2019.

5. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments
in opposition to this rule, if any:
Rule R307-205 reduces emissions from industries, gravel pits, construction sites, haul trucks, mines, and tailings ponds. In
addition, dust complaints make up a significant portion of complaints received by the Division of Air Quality. Therefore, this rule
should be continued.

Agency Authorization Information
To the agency: Information requested on this form is required by Section 63G-3-305. Incomplete forms will be returned to the
agency for completion, possibly delaying publication in the Utah State Bulletin.
Agency head or
designee and title:
Bryce C. Bird, Director, Division of Air
Quality
Date: 09/11/2024
Reminder: Text changes cannot be made with this type of rule filing. To change any text, please file an amendment or a
nonsubstantive change.

R307. Environmental Quality, Air Quality. 1
R307-205. Emission Standards: Fugitive Emissions and Fugitive Dust. 2
R307-205-1. Purpose. 3
R307-205 establishes minimum work practices and emission standards for sources of 4
fugitive emissions and fugitive dust for sources located in all areas in the state except those listed in 5
section IX, Part H of the state implementation plan or located in a PM10 nonattainment or 6
maintenance area. 7
8
R307-205-2. Applicability. 9
R307-205 applies statewide to all sources of fugitive emissions and fugitive dust, except for 10
agricultural or horticultural activities specified in 19-2-114(1)-(3) and any source listed in section 11
IX, Part H of the state implementation plan or located in a PM10 nonattainment or maintenance 12
area. 13
14
R307-205-3. Definitions. 15
The following definition applies throughout R307-205: 16
"Material" means sand, gravel, soil, minerals or other matter that may create fugitive dust. 17
18
R307-205-4. Fugitive Emissions. 19
Fugitive emissions from sources which were constructed on or before April 25, 1971, shall 20
not exceed 40% opacity. Fugitive emissions from sources constructed or modified after April 25, 21
1971, shall not exceed 20% opacity. 22
23
R307-205-5. Fugitive Dust. 24
(1) Storage and Handling of Materials. Any person owning, operating or maintaining a25
new or existing material storage, handling or hauling operation shall minimize fugitive dust from 26
such an operation. Such control may include the use of enclosures, covers, stabilization or other 27
equivalent methods or techniques as approved by the director. 28
(2) Construction and Demolition Activities.29
(a) Any person engaging in clearing or leveling of land greater than one-quarter acre in size,30
earthmoving, excavation, or movement of trucks or construction equipment over cleared land 31
greater than one-quarter acre in size or access haul roads shall take steps to minimize fugitive dust 32
from such activities. Such control may include watering and chemical stabilization of potential 33
fugitive dust sources or other equivalent methods or techniques approved by the director. 34
(b) The owner or operator of any land area greater than one-quarter acre in size that has35
been cleared or excavated shall take measures to prevent fugitive particulate matter from becoming 36
airborne. Such measures may include: 37
(i) planting vegetative cover,38
(ii) providing synthetic cover,39
(iii) watering,40
(iv) chemical stabilization,41
(v) wind breaks, or42
(vi) other equivalent methods or techniques approved by the director.43
(c) Any person engaging in demolition activities including razing homes, buildings, or other44
structures or removing paving material from roads or parking areas shall take steps to minimize 45
fugitive dust from such activities. Such control may include watering and chemical stabilization or 46
other equivalent methods or techniques approved by the director. 47
48
49
Page 1 of 3
R307-205-6. Roads. 1
(1) The director may require persons owning, operating or maintaining any new or existing2
road, or having right-of-way easement or possessory right to use the same, to supply traffic count 3
information as determined necessary to ascertain whether or not control techniques are adequate or 4
additional controls are necessary. 5
(2) Any person who deposits materials that may create fugitive dust on a public or private6
paved road shall clean the road promptly. 7
8
R307-205-7. Mining Activities. 9
(1) Fugitive dust, construction activities, and roadways associated with mining activities are10
regulated under the provisions of R307-205-7 and not by R307-205-5 and 6. 11
(2) Any person who owns or operates a mining operation shall minimize fugitive dust as an12
integral part of site preparation, mining activities, and reclamation operations. 13
(3) The fugitive dust control measures to be used may include:14
(a) periodic watering of unpaved roads,15
(b) chemical stabilization of unpaved roads,16
(c) paving of roads,17
(d) prompt removal of coal, rock minerals, soil, and other dust-forming debris from roads18
and frequent scraping and compaction of unpaved roads to stabilize the road surface, 19
(e) restricting the speed of vehicles in and around the mining operation,20
(f) revegetating, mulching, or otherwise stabilizing the surface of all areas adjoining roads21
that are a source of fugitive dust, 22
(g) restricting the travel of vehicles on other than established roads,23
(h) enclosing, covering, watering, or otherwise treating loaded haul trucks and railroad cars,24
to minimize loss of material to wind and spillage, 25
(i) substitution of conveyor systems for haul trucks and covering of conveyor systems when26
conveyed loads are subject to wind erosion, 27
(j) minimizing the area of disturbed land,28
(k) prompt revegetation of regraded lands,29
(l) planting of special windbreak vegetation at critical points in the permit area,30
(m) control of dust from drilling, using water sprays, hoods, dust collectors or other controls31
approved by the director, 32
(n) restricting the areas to be blasted at any one time,33
(o) reducing the period of time between initially disturbing the soil and revegetating or34
other surface stabilization, 35
(p) restricting fugitive dust at spoil and coal transfer and loading points,36
(q) control of dust from storage piles through use of enclosures, covers, or stabilization and37
other equivalent methods or techniques as approved by the director, or 38
(r) other techniques as determined necessary by the director.39
40
R307-205-8. Tailings Piles and Ponds. 41
(1) Fugitive dust, construction activities, and roadways associated with tailings piles and42
ponds are regulated under the provisions of R307-205-8 and not by R307-205-5 and 6. 43
(2) Any person owning or operating an existing tailings operation where fugitive dust44
results from grading, excavating, depositing, or natural erosion or other causes in association with 45
such operation shall take steps to minimize fugitive dust from such activities. Such controls may 46
include: 47
(a) watering,48
(b) chemical stabilization,49
Page 2 of 3
(c) synthetic covers,1
(d) vegetative covers,2
(e) wind breaks,3
(f) minimizing the area of disturbed tailings,4
(g) restricting the speed of vehicles in and around the tailings operation, or5
(h) other equivalent methods or techniques which may be approvable by the director.6
7
KEY: air pollution, fugitive emissions, mining, tailings 8
Date of Enactment or Last Substantive Amendment: July 7, 2005 9
Notice of Continuation: December 9, 2019 10
Authorizing, and Implemented or Interpreted Law: 19-2-101; 19-2-104; 19-2-109 11
Page 3 of 3
State of Utah
Administrative Rule Analysis
Revised May 2024

NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION
Rule Number: R307-206 Filing ID: Office Use Only
Effective Date: Office Use Only

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:
Erica Pryor 385-499-3416 [e-mail]

Please address questions regarding information on this notice to the persons listed above.

General Information
2. Rule catchline:
R307-206. Emission Standards: Abrasive Blasting.

3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these
provisions authorize or require this rule:
Rule R307-206 sets forth performance standards and maximum concentration of contaminants allowed in the air for operations
that clean or prepare a surface by forcefully propelling a stream of abrasive material against the surface. Subsection 19-2
104(1)(a) allows the Air Quality Board to make rules “…regarding the control, abatement, and prevention of air pollution from all
sources and the establishment of the maximum quantity of air contaminants that may be emitted by any air contaminant
source.”

4. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule:
No comments have been received since the last five-year review in December 2019.

5. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments
in opposition to this rule, if any:
This rule protects the health of citizens when abrasive blasting operations are underway and should be continued. In addition,
this rule is a component of Utah’s State Implementation Plan (SIP), and it cannot be deleted from the SIP without EPA
approval.

Agency Authorization Information
To the agency: Information requested on this form is required by Section 63G-3-305. Incomplete forms will be returned to the
agency for completion, possibly delaying publication in the Utah State Bulletin.
Agency head or
designee and title:
Bryce C. Bird, Director, Division of Air
Quality
Date: 09/11/2024
Reminder: Text changes cannot be made with this type of rule filing. To change any text, please file an amendment or a
nonsubstantive change.

R307. Environmental Quality, Air Quality. 1
R307-206. Emission Standards: Abrasive Blasting. 2
R307-206-1. Purpose. 3
R307-206 establishes work practice and emission standards for abrasive blasting operations 4
for sources located statewide except for those sources listed in section IX, Part H of the state 5
implementation plan or located in a PM10 nonattainment or maintenance area. 6
7
R307-206-2. Definitions. 8
(1) The following additional definitions apply to R307-206:9
"Abrasive Blasting" means the operation of cleaning or preparing a surface by forcibly10
propelling a stream of abrasive material against the surface. 11
"Abrasive Blasting Equipment" means any equipment utilized in abrasive blasting 12
operations. 13
"Confined Blasting" means any abrasive blasting conducted in an enclosure which 14
significantly restricts air pollutants from being emitted to the ambient atmosphere, including but not 15
limited to shrouds, tanks, drydocks, buildings and structures. 16
"Multiple Nozzles" means a group of two or more nozzles being used for abrasive cleaning 17
of the same surface in such close proximity that their separate plumes are indistinguishable. 18
"Unconfined Blasting" means any abrasive blasting which is not confined blasting as 19
defined above. 20
21
R307-206-3. Applicability. 22
R307-206 applies statewide to any abrasive blasting operation, except for any source that is 23
listed in Section IX, Part H of the state implementation plan or that is located in a PM10 24
nonattainment or maintenance area. 25
26
R307-206-4. Visible Emission Standards. 27
Visible emissions from abrasive blasting operations shall not exceed 40% opacity, except 28
for an aggregate period of three minutes in any one hour. 29
30
R307-206-5. Visible Emission Evaluation Techniques. 31
(1) Visible emissions shall be measured using EPA Method 9. Visible emissions from32
intermittent sources shall use procedures similar to Method 9, but the requirement for observations 33
to be made at 15 second intervals over a six-minute period shall not apply. 34
(2) Visible emissions from unconfined blasting shall be measured at the densest point of the35
emission after a major portion of the spent abrasive has fallen out, at a point not less than five feet 36
nor more than twenty-five feet from the impact surface from any single abrasive blasting nozzle. 37
(3) An unconfined blasting operation that uses multiple nozzles shall be considered a single38
source unless it can be demonstrated by the owner or operator that each nozzle, measured 39
separately, meets the emission and performance standards provided in R307-206-2 through 4. 40
(4) Visible emissions from confined blasting shall be measured at the densest point after the41
air pollutant leaves the enclosure. 42
43
KEY: air pollution, abrasive blasting, PM10 44
Date of Enactment or Last Substantive Amendment: December 15, 2015 45
Notice of Continuation: December 9, 2019 46
Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a) 47
Page 1 of 1
State of Utah
Administrative Rule Analysis
Revised May 2024

NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION
Rule Number: R307-207 Filing ID: Office Use Only
Effective Date: Office Use Only

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:
Erica Pryor 385-499-3416 [e-mail]

Please address questions regarding information on this notice to the persons listed above.

General Information
2. Rule catchline:
R307-207. Residential Fireplaces and Solid Fuel Burning Devices.

3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these
provisions authorize or require this rule:
Rule R307-207 establishes visible emission from residential solid fuel burning devices and fireplaces. The Air Quality Board is
required by Subsection 19-2-101(2) to “…achieve and maintain levels of air quality which will protect human health and
safety…” In addition, Subsection 19-2-104(1)(a) allows the Board to make rules “…regarding the control, abatement, and
prevention of air pollution from all sources and the establishment of the maximum air quantity of air contaminants that may be
emitted by any air contaminant source…”

4. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule:
No comments were received regarding Rule R307-207 since the last five-year review in December 2019.

5. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments
in opposition to this rule, if any:
Rule R307-207 establishes visible emission standards necessary to control PM10 throughout Utah. In addition, Rule R307-207
is a component of Utah’s State Implementation Plan (SIP), and it cannot be deleted from the SIP without the EPA’s approval.
Therefore, this rule should be continued.

Agency Authorization Information
To the agency: Information requested on this form is required by Section 63G-3-305. Incomplete forms will be returned to the
agency for completion, possibly delaying publication in the Utah State Bulletin.
Agency head or
designee and title:
Bryce C. Bird, Director, Division of Air
Quality
Date: 09/11/2024
Reminder: Text changes cannot be made with this type of rule filing. To change any text, please file an amendment or a
nonsubstantive change.

R307. Environmental Quality, Air Quality. 1
R307-207. Residential Fireplaces and Solid Fuel Burning Devices. 2
R307-207-1. Purpose and Definition. 3
R307-207 establishes emission standards for residential fireplaces and solid fuel burning 4
devices. 5
"Solid fuel burning device" means any device used for burning wood, coal, or any other 6
nongaseous and non-liquid fuel, including, but not limited to, wood stoves, but excluding outdoor 7
wood boilers, which are regulated under R307-208. 8
9
R307-207-2. Applicability. 10
(1) R307-207 applies to residential fireplaces and solid fuel burning devices in all areas of11
the state, except for PM10 and PM2.5 nonattainment and maintenance areas. R307-302 applies to 12
PM10 and PM2.5 nonattainment or maintenance areas. 13
14
R307-207-3. Opacity for Residential Heating. 15
Visible emissions from residential solid fuel burning devices and fireplaces shall be limited 16
to a shade or density no darker than 20% opacity as measured by EPA Method 9, except for the 17
following: 18
(1) An initial fifteen minute start-up period, and19
(2) A period of fifteen minutes in any three-hour period in which emissions may exceed the20
20% opacity limitation for refueling. 21
22
KEY: fireplaces, residential, solid fuel burning 23
Date of Enactment or Last Substantive Amendment: November 8, 2012 24
Notice of Continuation: December 9, 2019 25
Authorizing, and Implemented or Interpreted Law: 19-2-101; 19-2-104 26
Page 1 of 1
State of Utah
Administrative Rule Analysis
Revised May 2024

NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION
Rule Number: R307-305 Filing ID: Office Use Only
Effective Date: Office Use Only

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:
Erica Pryor 385-499-3416 [e-mail]

Please address questions regarding information on this notice to the persons listed above.

General Information
2. Rule catchline:
R307-305. Nonattainment and Maintenance Areas for PM10: Emission Standards.

3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these
provisions authorize or require this rule:
Rule R307-305 sets visible emission limits, testing methods and schedules, and compliance schedules for sources of air
pollution that are regulated under Utah’s PM10 state implementation plan to protect public health. Subsection 19-2-104(1)(a)
allows the Air Quality Board to make rules “…regarding the control, abatement, and prevention of air pollution from all sources
and the establishment of the maximum quantity of air contaminants that may be emitted by any air contaminant source.”

4. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule:
There was a nonsubstantive amendment filed in October 2021 to update the filing form. There have been no comments on this
rule since the last five-year review in December 2019.

5. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments
in opposition to this rule, if any:
Emission limits and testing of emissions, which this rule outlines, help to ensure that industrial facilities are operating properly
and emitting the least possible pollution to protect human health. Additionally, Rule R307-305 is a component of Utah’s State
Implementation Plan and cannot be deleted without EPA approval. Therefore, this rule should be continued.

Agency Authorization Information
To the agency: Information requested on this form is required by Section 63G-3-305. Incomplete forms will be returned to the
agency for completion, possibly delaying publication in the Utah State Bulletin.
Agency head or
designee and title:
Bryce C. Bird, Director, Division of Air
Quality
Date: 09/11/2024
Reminder: Text changes cannot be made with this type of rule filing. To change any text, please file an amendment or a
nonsubstantive change.

R307. Environmental Quality, Air Quality. 1
R307-305. Nonattainment and Maintenance Areas for PM10: Emission Standards. 2
R307-305-1. Purpose. 3
This rule establishes emission standards and work practices for sources located in PM10 4
nonattainment and maintenance areas to meet the reasonably available control measures 5
requirement in Section 189(a)(1)(C) of the Clean Air Act. 6
7
R307-305-2. Applicability. 8
The requirements of R307-305 apply to the owner or operator of any source that is listed in 9
Section IX, Part H of the state implementation plan or located in a PM10 nonattainment or 10
maintenance area. 11
12
R307-305-3. Visible Emissions. 13
(1) Visible emissions from existing installations except diesel engines shall be of a shade or14
density no darker than 20% opacity. Visible emissions shall be measured using EPA Method 9. 15
(2) No owner or operator of a gasoline engine or vehicle shall allow, cause or permit the16
emissions of visible pollutants. 17
(3) Emissions from diesel engines, except locomotives, shall be of a shade or density no18
darker than 20% opacity, except for starting motion no farther than 100 yards or for stationary 19
operation not exceeding three minutes in any hour. 20
(4) Visible emissions exceeding the opacity standards for short time periods as the result of21
initial warm-up, soot blowing, cleaning of grates, building of boiler fires, cooling, etc., caused by 22
start-up or shutdown of a facility, installation or operation, or unavoidable combustion irregularities 23
which do not exceed three minutes in length (unavoidable combustion irregularities which exceed 24
three minutes in length must be handled in accordance with R307-107), shall not be deemed in 25
violation provided that the director finds that adequate control technology has been applied. The 26
owner or operator shall minimize visible and non-visible emissions during start-up or shutdown of a 27
facility, installation, or operation through the use of adequate control technology and proper 28
procedures. 29
30
R307-305-4. Particulate Emission Limitations and Operating Parameters (PM10). 31
Any source with emission limits included in Section IX, Part H, of the Utah state 32
implementation plan shall comply with those emission limitations and operating parameters. 33
Specific limitations will be set by the director, through an approval order issued under R307-401, 34
for installations within a source that do not have limitations specified in the state implementation 35
plan. 36
37
R307-305-5. Compliance Testing (PM10). 38
Compliance testing for PM10, sulfur dioxide, and oxides of nitrogen emission limitations 39
shall be done in accordance with Section IX, Part H of the state implementation plan. PM10 40
compliance shall be determined from the results of EPA test method 201 or 201a. A backhalf 41
analysis shall be performed for inventory purposes for each PM10 compliance test in accordance 42
with Method 202, or other appropriate EPA approved reference method. 43
44
R307-305-6. Automobile Emission Control Devices. 45
Any person owning or operating any motor vehicle or motor vehicle engine registered in the 46
State of Utah on which is installed or incorporated a system or device for the control of crankcase 47
emissions or exhaust emissions in compliance with the Federal motor vehicle rules, shall maintain 48
the system or device in operable condition and shall use it at all times that the motor vehicle or 49
Page 1 of 2
motor vehicle engine is operated. No person shall remove or make inoperable within the State of 1
Utah the system or device or any part thereof, except for the purpose of installing another system or 2
device, or part thereof, which is equally or more effective in reducing emissions from the vehicle to 3
the atmosphere. 4
5
R307-305-7. Compliance Schedule for New Nonattainment Areas. 6
The provisions of R307-305 shall apply to the owner or operator of a source that is located 7
in any new PM10 nonattainment area 180 days after the area is officially designated a 8
nonattainment area for PM10 by the Environmental Protection Agency. Provisions of R307-201 9
shall continue to apply to the owner or operator of a source during this transition period. 10
11
KEY: air pollution, particulate matter, PM10, PM 2.5 12
Date of Last Change: October 19, 2021 13
Notice of Continuation: December 9, 2019 14
Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a) 15
Page 2 of 2
State of Utah
Administrative Rule Analysis
Revised May 2024
NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION
Rule Number: R307-306 Filing ID: Office Use Only
Effective Date: Office Use Only
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:
Erica Pryor 385-499-3416 [e-mail]
Please address questions regarding information on this notice to the persons listed above.
General Information
2. Rule catchline:
R307-306. PM10 Nonattainment and Maintenance Areas: Abrasive Blasting.
3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these
provisions authorize or require this rule:
This rule establishes requirements that apply to abrasive blasting operations in PM10 nonattainment and maintenance areas.
Subsection 19-2-104(1)(a) allows the Air Quality Board to make rules “…regarding the control, abatement, and prevention of air
pollution from all sources and the establishment of the maximum quantity of air contaminants that may be emitted by any air
contaminant source.”
4. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule:
There have been no comments on this rule since the last five-year review in December 2019.
5. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments
in opposition to this rule, if any:
This rule outlines emission limits that help to ensure that industrial facilities are operating properly and emitting the least
possible pollution to protect human health and the environment. This rule is also part of Utah’s State Implementation Plan and
cannot be deleted without EPA approval. Therefore, this rule should be continued.
Agency Authorization Information
To the agency: Information requested on this form is required by Section 63G-3-305. Incomplete forms will be returned to the
agency for completion, possibly delaying publication in the Utah State Bulletin.
Agency head or
designee and title:
Bryce C. Bird, Director, Division of Air
Quality
Date: 09/11/2024
Reminder: Text changes cannot be made with this type of rule filing. To change any text, please file an amendment or a
nonsubstantive change.
R307. Environmental Quality, Air Quality. 1
R307-306. PM10 Nonattainment and Maintenance Areas: Abrasive Blasting. 2
R307-306-1. Purpose. 3
This rule establishes requirements that apply to abrasive blasting operations in PM10 4
nonattainment and maintenance areas. 5
6
R307-306-2. Definitions. 7
The following additional definitions apply to R307-306. 8
"Abrasive Blasting" means the operation of cleaning or preparing a surface by forcibly 9
propelling a stream of abrasive material against the surface. 10
"Abrasive Blasting Equipment" means any equipment used in abrasive blasting operations. 11
"Abrasives" means any material used in abrasive blasting operations including but not 12
limited to sand, slag, steel shot, garnet or walnut shells. 13
"Confined Blasting" means any abrasive blasting conducted in an enclosure that 14
significantly restricts air pollutants from being emitted to the ambient atmosphere, including but not 15
limited to shrouds, tanks, drydocks, buildings and structures. 16
"Hydroblasting" means any abrasive blasting using high pressure liquid as the propelling 17
force. 18
"Multiple Nozzles" means a group of two or more nozzles used for abrasive cleaning of the 19
same surface in such close proximity that their separate plumes are indistinguishable. 20
"Unconfined Blasting" means any abrasive blasting that is not confined blasting as defined 21
above. 22
"Wet Abrasive Blasting" means any abrasive blasting using compressed air as the propelling 23
force and sufficient water to minimize the plume. 24
25
R307-306-3. Applicability. 26
R307-306 applies to any person who operates abrasive blasting equipment in a PM10 27
nonattainment or maintenance area, or to sources listed in Section IX, Part H of the state 28
implementation plan. 29
30
R307-306-4. Visible Emission Standard. 31
(1) Except as provided in (2) below, visible emissions from abrasive blasting operations32
shall not exceed 20% opacity except for an aggregate period of three minutes in any one hour. 33
(2) If the abrasive blasting operation complies with the performance standards in R307-306-34
6, visible emissions from the operation shall not exceed 40% opacity, except for an aggregate period 35
of 3 minutes in any one hour. 36
37
R307-306-5. Visible Emission Evaluation Techniques. 38
(1) Visible emissions shall be measured using EPA Method 9. Visible emissions from39
intermittent sources shall use procedures similar to Method 9, but the requirement for observations 40
to be made at 15 second intervals over a six minute period shall not apply. 41
(2) Visible emissions from unconfined blasting shall be measured at the densest point of the42
emission after a major portion of the spent abrasive has fallen out at a point not less than five feet 43
nor more than twenty-five feet from the impact surface from any single abrasive blasting nozzle. 44
(3) An unconfined blasting operation that uses multiple nozzles shall be considered a single45
source unless it can be demonstrated by the owner or operator that each nozzle, measured 46
separately, meets the visible emission standards in R307-306-4. 47
(4) Emissions from confined blasting shall be measured at the densest point after the air48
pollutant leaves the enclosure. 49
Page 1 of 2
1
R307-306-6. Performance Standards. 2
(1) To satisfy the requirements of R307-306-4(2), the abrasive blasting operation shall use 3
at least one of the following performance standards: 4
(a) confined blasting; 5
(b) wet abrasive blasting; 6
(c) hydroblasting; or 7
(d) unconfined blasting using abrasives as defined in (2) below. 8
(2) Abrasives. 9
(a) Abrasives used for dry unconfined blasting referenced in (1) above shall comply with 10
the following performance standards: 11
(i) Before blasting, the abrasive shall not contain more than 1% by weight material passing 12
a #70 U.S. Standard sieve. 13
(ii) After blasting the abrasive shall not contain more than 1.8% by weight material 5 14
microns or smaller. 15
(b) Abrasives reused for dry unconfined blasting are exempt from (a)(ii) above, but must 16
conform with (a)(i) above. 17
(3) Abrasive Certification. Sources using the performance standard of (1)(d) above to meet 18
the requirements of R307-306-4(2) must demonstrate they have obtained abrasives from a supplier 19
who has certified (submitted test results) to the director at least annually that such abrasives meet 20
the requirements of (2) above. 21
22
R307-306-7. Compliance Schedule. 23
The provisions of R307-306 shall apply in any new PM10 nonattainment area 180 days after 24
the area is officially designated a nonattainment area for PM10 by the Environmental Protection 25
Agency. Provisions of R307-206 shall continue to apply to the owner or operator of a source during 26
this transition period. 27
28
KEY: air pollution, abrasive blasting, PM10 29
Date of Enactment or Last Substantive Amendment: December 15, 2015 30
Notice of Continuation: December 9, 2019 31
Authorizing, and Implemented or Interpreted Law: 19-2-101(1)(a) 32
Page 2 of 2
State of Utah
Administrative Rule Analysis
Revised May 2024

NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION
Rule Number: R307-307 Filing ID: Office Use Only
Effective Date: Office Use Only

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:
Erica Pryor 385-499-3416 [e-mail]

Please address questions regarding information on this notice to the persons listed above.

General Information
2. Rule catchline:
R307-307. Road Salting and Sanding.

3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these
provisions authorize or require this rule:
Rule R307-307 sets limits on the sodium chloride, magnesium chloride, calcium chloride, and potassium chloride that may be
included in salt used on roads. The limits are needed to reduce the particulate matter that is harmful to human health and are
one of the measures included in Utah’s State Implementation Plan (SIP) for PM10 and PM2.5. Subsection 19-2-104(1)(a)
allows the Air Quality Board to make rules “…regarding the control, abatement, and prevention of air pollution from all sources
and the establishment of the maximum quantity of air contaminants that may be emitted by any air contaminant source.”

4. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule:
There have been no comments since the last five-year review in December 2019.

5. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments
in opposition to this rule, if any:
The limits in this rule are needed to reduce particulate matter, and are one of the measures included in Utah’s State
Implementation Plan for PM10 and PM2.5 and cannot be deleted without EPA’s approval. Therefore, the rule should be
continued.

Agency Authorization Information
To the agency: Information requested on this form is required by Section 63G-3-305. Incomplete forms will be returned to the
agency for completion, possibly delaying publication in the Utah State Bulletin.
Agency head or
designee and title:
Bryce C. Bird, Director, Division of Air
Quality
Date: 09/11/2024
Reminder: Text changes cannot be made with this type of rule filing. To change any text, please file an amendment or a
nonsubstantive change.

R307. Environmental Quality, Air Quality. 1
R307-307. Road Salting and Sanding. 2
R307-307-1. Applicability. 3
R307-307 applies to all persons who apply salt or abrasives such as crushed slag and sand to 4
roads in PM10 and PM2.5 nonattainment and maintenance areas as defined in 40 CFR 81.345 (July 5
1, 2011) and geographically described as all regions of Davis, Salt Lake, and Utah counties; all 6
portions of the Cache Valley; all regions in Weber County west of the Wasatch mountain range; in 7
Box Elder County, from the Wasatch mountain range west to the Promontory mountain range and 8
south of Portage; and in Tooele County, from the northernmost part of the Oquirrh mountain range 9
to the northern most part of the Stansbury mountain range and north of Route 199. 10
11
R307-307-2. Definitions. 12
The following additional definition applies to R307-307: 13
"Arterial roadway" has the same meaning as outlined in U.S. DOT Federal Highway 14
Administration Publication No. FHWA-ED-90-006, Revised March 1989, "Highway Functional 15
Classification: Concepts, Criteria, and Procedures" as interpreted by Utah Department of 16
Transportation and shown in the following maps: Salt Lake Urbanized Area, Provo-Orem 17
Urbanized Area, and Ogden Urbanized Area (1992 or later). 18
19
R307-307-3. Records. 20
(1) Any person who applies salt or abrasives such as crushed slag and sand to roads in21
PM10 and PM2.5 nonattainment and maintenance areas shall maintain records of the material 22
applied. 23
(a) For salt, the records shall include the quantity applied, the percent by weight of24
insoluble solids in the salt, and the percentage of the material that is sodium chloride (Nacl), 25
magnesium chloride (MgCl2), calcium chloride (CaCl2), or potassium chloride (KCl). 26
(b) For abrasives such as sand or crushed slag, the records shall include the quantity applied27
and the percent by weight of fine material which passes the number 200 sieve in a standard 28
gradation analysis. 29
(2) All records shall be maintained for a period of at least two years, and the records shall30
be made available to the director or his designated representative upon request. 31
32
R307-307-4. Content. 33
(1) After October 1, 1993, any salt applied to roads in Salt Lake, Davis, or Utah counties34
shall be at least 92% NaCl, MgCl2, CaCl2, and/or KCl. 35
(2) After January 1, 2014, any salt applied to roads in all other areas specified in R307-307-36
1 shall be no less than 92% by weight NaCl, MgCl2, CaCl2, and/or KCl. 37
38
R307-307-5. Alternatives. 39
(1) After October 1, 1993, any person who applies an abrasive such as crushed slag, or sand40
or who applies salt that is less than 92% by weight NaCl, MgCl2, CaCl2 and/or KCl to roads in Salt 41
Lake, Davis, or Utah Counties shall either: 42
(a) demonstrate to the director that the material applied has no more PM10 or PM2.543
emissions than salt which is at least 92% NaCl, MgCl2, CaCl2, and/or KCl; or 44
(b) vacuum sweep every arterial roadway (principal and minor) to which the material was45
applied within three days of the end of the storm for which the application was made. 46
(2) After January 1, 2014,any person who applies an abrasive such as crushed slag or sand,47
or who applies salt that is less than 92% by weight NaCl, MgCl2, and/or CaCl2 to roads in all other 48
areas specified in R307-307-1 shall comply with the requirements of either R307-307-5(1)(a) or (b). 49
Page 1 of 2
1
R307-307-6. Exemptions. 2
(1) In the interest of public safety, any person who applies an abrasive such as crushed slag 3
or sand to arterial roadways because salt alone would not ensure safe driving conditions due to 4
steepness of grade or extreme weather is exempt from the requirements in R307-307-4. 5
(2) The following roads are specifically excluded from the requirements of R307-307-5(1): 6
(a) all canyon roads; 7
(b) the portion of Interstate 15 near Point of the Mountain; 8
(c) I-15, from Exit 385 northward to the Idaho Border; 9
(d) I-84 from Exit 17 eastward to Exit 40 at Tremonton; 10
(e) SR-39 from Harrison Boulevard eastward into Ogden Canyon; 11
(f) I-84 from the junction with US-89 eastward into Weber Canyon; 12
(g) I-80 near Black Rock, from the junction with SR-36 to the junction with SR-202; 13
(h) SR-199; and 14
(i) SR-196. 15
16
KEY: air pollution, roads, particulate 17
Date of Enactment or Last Substantive Amendment: February 1, 2013 18
Notice of Continuation: December 9, 2019 19
Authorizing, and Implemented or Interpreted Law: 19-2-104 20
Page 2 of 2
State of Utah
Administrative Rule Analysis
Revised May 2024

NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION
Rule Number: R307-309 Filing ID: Office Use Only
Effective Date: Office Use Only

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:
Erica Pryor 385-499-3416 [e-mail]

Please address questions regarding information on this notice to the persons listed above.

General Information
2. Rule catchline:
R307-309. Nonattainment and Maintenance Areas for PM10 and PM2.5: Fugitive Emissions and Fugitive Dust.

3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these
provisions authorize or require this rule:
Rule R307-309 regulates the amount of dust and fugitive emissions that are allowed to leave the site of any source of air
pollution. These regulations are part of Utah’s State Implementation Plan (SIP) to control particulate matter in geographic areas
where levels of pollution have exceeded federal health standards in the past; the plan is incorporated by reference under
Section R307-110-10. The plan is required under the Clean Air Act, 42 U.S.C. 7410. Subsection 19-2-104(1) authorizes the Air
Quality Board to make rules “(a) regarding the control, abatement, and prevention of air pollution from all sources and the
establishment of the maximum quantity of air contamination that may be emitted by any air contaminant source”; and “(b)
establishing air quality standards.” Subsection 19-2-104(3)(q) authorizes the Board to make rules to “meet the requirements of
federal air pollution laws.”

4. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule:
No comments were received since the last five-year review in December 2019.

5. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments
in opposition to this rule, if any:
Rule R307-309 protects the public health by reducing emissions from industries, gravel pits, construction sites, haul trucks,
mines, and tailings ponds. In addition, Rule R307-309 is required under the State Implementation Plan (SIP) incorporated by
reference under Section R307-110-10. Because the rule is part of the SIP, it cannot be deleted without EPA approval.
Therefore, the rule should be continued.

Agency Authorization Information
To the agency: Information requested on this form is required by Section 63G-3-305. Incomplete forms will be returned to the
agency for completion, possibly delaying publication in the Utah State Bulletin.
Agency head or
designee and title:
Bryce C. Bird, Director, Division of Air
Quality
Date: 09/11/2024
Reminder: Text changes cannot be made with this type of rule filing. To change any text, please file an amendment or a
nonsubstantive change.

R307. Environmental Quality, Air Quality. 1
R307-309. Nonattainment and Maintenance Areas for PM10 and PM2.5: Fugitive Emissions 2
and Fugitive Dust. 3
R307-309-1. Purpose. 4
This rule establishes minimum work practices and emission standards for sources of fugitive 5
emissions and fugitive dust. 6
7
R307-309-2. Definitions. 8
The following additional definition applies to R307-309: 9
"Material" means sand, gravel, soil, minerals, and other matter that may create fugitive dust. 10
11
R307-309-3. Applicability. 12
(1) R307-309 applies to all new or existing sources of fugitive dust one-quarter acre or13
greater and any sources of fugitive emissions located in PM10 or PM2.5 nonattainment or 14
maintenance plan areas as defined in 40 CFR 81.345 (July 1, 2011). Collectively, the PM10 and 15
PM2.5 nonattainment and maintenance plan areas are geographically defined as all regions of Salt 16
Lake and Davis counties; all portions of the Cache Valley; all regions in Weber County west of the 17
Wasatch mountain range; all regions of Utah County; in Box Elder County, from the Wasatch 18
mountain range west to the Promontory mountain range and south of Portage; and in Tooele 19
County, from the northernmost part of the Oquirrh mountain range to the northern most part of the 20
Stansbury mountain range and north of Route 199. 21
(2) Exemptions.22
(a) Agriculturally derived fugitive dust sources, including agricultural or horticultural23
activities specified in 19-2-114 (1)-(3) are exempt from the provisions of R307-309. 24
(b) Any activity subject to R307-307, Road Salting and Sanding, is exempt from R307-309.25
26
R307-309-4. Fugitive Emissions. 27
(1) Fugitive emissions from any source shall not exceed 15% opacity.28
(2) Opacity observations of fugitive emissions from stationary sources shall be conducted in29
accordance with EPA Method 9. 30
(3) For intermittent sources and mobile sources, opacity observations shall be conducted31
using Method 9; however, the requirement for observations to be made at 15 second intervals over a 32
six-minute period shall not apply. The number of observations and the time period shall be 33
determined by the length of the intermittent or mobile source operation. 34
35
R307-309-5. General Requirements for Fugitive Dust. 36
(1) Except as provided in R307-309-5(3), opacity caused by fugitive dust shall not exceed:37
(a) 10% at the property boundary; and38
(b) 20% on site39
(2) Any person owning or operating a new or existing source of fugitive dust one-quarter40
acre or greater in size shall submit a fugitive dust control plan to the director in accordance with 41
R307-309-6. 42
(3) Opacity in R307-309-5(1) shall not apply when the wind speed exceeds 25 miles per43
hour if the owner or operator has implemented, and continues to implement, the accepted fugitive 44
dust control plan in R307-309-6 and administers one or more of the following contingency 45
measures: 46
(a) Pre-event watering;47
(b) Hourly watering;48
(c) Additional chemical stabilization;49
Page 1 of 5
(d) Cease or reduce fugitive dust producing operations to the extent practicable. 1
(4) Wind speed shall be measured by an anemometer. 2
(5) Opacity observations of fugitive dust from any source shall be measured at the densest 3
point of the plume. 4
(a) For mobile sources, visible emissions shall be measured at a point not less than 1/2 5
vehicle length behind the vehicle and not less than 1/2 the height of the vehicle. 6
(b) Opacity observations of emissions from stationary sources shall be measured in 7
accordance with EPA Method 9. 8
(c) For intermittent sources, opacity observations shall be conducted using Method 9; 9
however, the requirement for observations to be made at 15 second intervals over a six-minute 10
period shall not apply. The number of observations and the time period shall be determined by the 11
length of the intermittent or mobile source operation. 12
13
R307-309-6. Fugitive Dust Control Plan. 14
(1) Any person owning or operating a new or existing source of fugitive dust, including 15
storage, hauling or handling operations, clearing or leveling of land one-quarter acre or greater in 16
size, earthmoving, excavation, moving trucks or construction equipment over cleared land one-17
quarter acre or greater in size or access haul roads, or demolition activities including razing homes, 18
buildings or other structures, shall submit a fugitive dust control plan on a form provided by the 19
director or another format approved by the director. 20
(a) A fugitive dust control plan that has been submitted to and accepted by the director prior 21
to December 3, 2012, will fulfill the requirements of R307-309-6 for that source. 22
(2) Activities regulated by R307-309 shall not commence before the fugitive dust control 23
plan is approved by the director. 24
(a) Successful completion of the web-based division-sponsored fugitive dust control plan 25
tool shall constitute plan approval. 26
(b) Hard copy fugitive control plan submission must be reviewed and approved by the 27
director prior to commencing activities regulated by R307-309. 28
(3) Sources with an existing fugitive dust control plan who make site modifications that 29
result in emission changes shall submit an updated fugitive dust control plan. 30
(4) Minimum fugitive dust control plan requirements. At a minimum, a fugitive dust 31
control plan must include the following requirements as they apply to a source: 32
(a) Backfilling. 33
(i) Stabilize backfill material when not actively handling. 34
(ii) Stabilize backfill material during handling. 35
(iii) Stabilize soil at completion of backfilling activity. 36
(iv) Stabilize material while using pipe padder equipment. 37
(b) Blasting. 38
(i) Stabilize surface soils where drills, support equipment and vehicles will operate. 39
(ii) Stabilize soil during blast preparation activities. 40
(iii) Stabilize soil after blasting. 41
(c) Clearing. 42
(i) Stabilize surface soils where support equipment and vehicles will operate. 43
(ii) Stabilize disturbed soil immediately after clearing and grubbing activities. 44
(iii) Stabilize slopes at completion of activity. 45
(d) Clearing forms, foundations and slabs. 46
(i) Use water, sweeping and vacuum to clear. 47
(e) Crushing. 48
(i) Stabilize surface soils where support equipment and vehicles will operate. 49
Page 2 of 5
(ii) Stabilize material before, during and after crushing. 1
(iii) Traffic mileage or speed controls. 2
(iv) Minimize transfer height. 3
(f) Cut and fill. 4
(i) Stabilize surface soils where support equipment and vehicles will operate. 5
(ii) Pre-water soils. 6
(iii) Stabilize soil during and after cut activities. 7
(g) Demolition-implosion. 8
(i) Stabilize surface area where support equipment and vehicles will be operated. 9
(ii) Stabilize demolition debris immediately following blast and safety clearance. 10
(iii) Stabilize and clean surrounding area immediately following blast and safety clearance. 11
(h) Demolition-mechanical and manual. 12
(i) Stabilize surface areas where support equipment and vehicles will operate. 13
(ii) Stabilize demolition debris during handling. 14
(iii) Stabilize debris following demolition. 15
(iv) Stabilize surrounding area following demolition. 16
(i) Disturbed soil. 17
(i) Limit disturbance of soils where possible. 18
(ii) Stabilize and maintain stability of all disturbed soil throughout construction site. 19
(j) Hauling materials. 20
(i) Limit visible dust opacity from vehicular operations. 21
(ii) Stabilize materials during transport on site. 22
(iii) Clean wheels and undercarriage of haul trucks prior to leaving construction site. 23
(k) Paving subgrade preparation. 24
(i) Stabilize adjacent disturbed soils following paving activities by applying water, chemical 25
stabilizer and/or synthetic cover. 26
(l) Sawing and cutting materials. 27
(i) Limit visible emissions using water or vacuum. 28
(m) Screening. 29
(i) Stabilize surface soils where support equipment and vehicles will operate. 30
(ii) Pre-treat material prior to screening. 31
(iii) Stabilize material during screening. 32
(iv) Stabilize material and surrounding area immediately after screening. 33
(v) Minimize transfer height. 34
(n) Staging areas. 35
(i) Limit visible dust opacity from vehicular operations. 36
(ii) Stabilize staging area soils during use. 37
(iii) Stabilize staging area soils at project completion. 38
(o) Stockpiling. 39
(i) Stabilize stockpile materials during and after handling. 40
(ii) Stabilize surface soils where support equipment and vehicles will operate. 41
(p) Trackout prevention and cleanup. 42
(i) Install and maintain trackout control devices in effective condition at all access points 43
where paved and unpaved access or travel routes intersect. 44
(q) Traffic on unpaved routes and parking areas. 45
(i) Stabilize surface soils where support equipment and vehicles will operate. 46
(r) Trenching. 47
(i) Stabilize surface soils where trenching equipment, support equipment and vehicles will 48
operate. 49
Page 3 of 5
(ii) Stabilize soils after trenching. 1
(s) Truck loading. 2
(i) Empty loader bucket slowly and keep loader bucket close to the truck to minimize the 3
drop height while dumping. 4
(ii) Stabilize surface soils where support equipment and vehicles will operate. 5
(5) The fugitive dust control plan must include contact information, site address, total area 6
of disturbance, expected start and completion dates, identification of dust suppressant and plan 7
certification by signature of a responsible person. 8
9
R307-309-7. Storage, Hauling and Handling of Aggregate Materials. 10
Any person owning, operating or maintaining a new or existing material storage, handling or 11
hauling operation shall prevent, to the maximum extent possible, and in accordance with R307-309-12
6, material from being deposited onto any paved road other than a designated deposit site. Any such 13
person who deposits materials that may create fugitive dust on a public or private paved road shall 14
clean the road promptly. 15
16
R307-309-8. Construction and Demolition Activities. 17
Any person engaging in clearing or leveling of land with an area of one-quarter acre or 18
more, earthmoving, excavating, construction, demolition, or moving trucks or construction 19
equipment over cleared land or access haul roads shall prevent, to the maximum extent possible, 20
and in accordance with R307-309-6, material from being deposited onto any paved road other than a 21
designated deposit site. Any such person who deposits materials that may create fugitive dust on a 22
public or private paved road shall clean the road promptly. 23
24
R307-309-9. Roads. 25
(1) Any person responsible for construction or maintenance of any existing road or having 26
right-of-way easement or possessing the right to use the same whose activities result in fugitive dust 27
from the road shall minimize fugitive dust to the maximum extent possible and in accordance with 28
R307-309-6. Any such person who deposits materials that may create fugitive dust on a public or 29
private paved road shall clean the road promptly. 30
(2) Unpaved Roads. Any person responsible for construction or maintenance of any new or 31
existing unpaved road shall prevent, to the maximum extent possible, the deposit of material from 32
the unpaved road onto any intersecting paved road during construction or maintenance. Any person 33
who deposits materials that may create fugitive dust on a public or private paved road shall clean the 34
road promptly. 35
36
R307-309-10. Mining Activities. 37
(1) In addition to the requirements under R307-309-1 through R307-309-6, fugitive dust, 38
construction activities, and roadways associated with mining activities are regulated under the 39
provisions of R307-309-10. 40
(2) Any person who owns or operates a mining operation shall minimize fugitive dust as an 41
integral part of site preparation, mining activities, and reclamation operations. 42
(3) The fugitive dust control measures to be used shall include: 43
(a) Periodic watering of unpaved roads or; 44
(b) Use of chemical stabilizers on unpaved roads or; 45
(c) Paving of roads. 46
(d) Immediate removal of coal, rock minerals, soil, and other dust-forming debris from 47
roads and frequent scraping and compaction of unpaved roads to stabilize the road surface. 48
(e) Restricting the speed of vehicles in and around the mining operation, 49
Page 4 of 5
(f) Revegetating, mulching, or otherwise stabilizing the surface of all areas adjoining roads 1
that are a source of fugitive dust. 2
(g) Restricting the travel of vehicles on other than established roads. 3
(h) Enclosing, covering, watering, or otherwise treating loaded haul trucks and railroad cars, 4
to minimize loss of material to wind and spillage. 5
(i) Substitution of conveyor systems for haul trucks and covering of conveyor systems 6
when conveyed loads are subject to wind erosion. 7
(j) Minimizing the area of disturbed land. 8
(k) Prompt revegetation of regraded lands. 9
(l) Planting of special windbreak vegetation at critical points in the permit area. 10
(m) Control of dust from drilling, using water sprays, hoods, dust collectors or other 11
controls approved by the director. 12
(n) Restricting the areas to be blasted at any one time. 13
(o) Reducing the period of time between initially disturbing the soil and revegetating or 14
other surface stabilization. 15
(p) Restricting fugitive dust at spoil and coal transfer and loading points. 16
(q) Control of dust from storage piles through use of enclosures, covers, or stabilization and 17
other equivalent methods or other techniques as determined necessary by the director and upon 18
concurrence by EPA. 19
20
R307-309-11. Tailings Piles and Ponds. 21
(1) In addition to the requirements under R307-309-1 through R307-309-6, fugitive dust, 22
construction activities, and roadways associated with tailings piles and ponds are regulated under 23
the provisions of R307-309-11. 24
(2) Any person owning or operating an existing tailings operation where fugitive dust 25
results from grading, excavating, depositing, or natural erosion or other causes in association with 26
such operation shall take steps to minimize fugitive dust from such activities. Such controls shall 27
include: 28
(a) Watering or; 29
(b) Chemical stabilization or; 30
(c) Synthetic covers or; 31
(d) Vegetative covers or; 32
(e) Wind breaks or; 33
(f) A combination of R307-309-11(2)(a)-(e); 34
(g) Minimizing the area of disturbed tailings; 35
(h) Restricting the speed of vehicles in and around the tailings operation; or 36
(i) Other techniques which may be approvable by the director and upon concurrence by 37
EPA. 38
39
R307-309-12. Record Keeping. 40
All sources subject to R307-309-5(2) and (3) shall maintain records for two years 41
demonstrating compliance with R307-309. These records shall be available to the director upon 42
request. 43
44
KEY: air pollution, fugitive dust 45
Date of Enactment or Last Substantive Amendment: August 4, 2017 46
Notice of Continuation: December 9, 2019 47
Authorizing, and Implemented or Interpreted Law: 19-2-101; 19-2-104; 19-2-109 48
Page 5 of 5
State of Utah
Administrative Rule Analysis
Revised May 2024

NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION
Rule Number: R307-310 Filing ID: Office Use Only
Effective Date: Office Use Only

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:
Erica Pryor 385-499-3416 [e-mail]

Please address questions regarding information on this notice to the persons listed above.

General Information
2. Rule catchline:
R307-310. Salt Lake County: Trading of Emission Budgets for Transportation Conformity.

3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these
provisions authorize or require this rule:
Subsection 19-2-104(1)(a) allows the Air Quality Board to make rules “…regarding the control, abatement, and prevention of air
pollution from all sources and the establishment of the maximum quantity of air contaminants that may be emitted by any air
contaminant source.” In addition, Subsection 19-2-104(3)(e) allows the Board to “…prepare and develop a comprehensive plan
or plans for the prevention, abatement, and control of air pollution in this state.” Rule R307-310 protects the public health by
setting forth a mechanism to trade PM10 for NOx to demonstrate conformity with Salt Lake County PM10 SIP.

4. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule:
There have been no comments on this rule since the last five-year review in December 2019.

5. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments
in opposition to this rule, if any:
Rule R307-310 establishes a conformity budget for Salt Lake County. This budget allows continued funding of transportation
projects in Salt Lake County. Rule R307-310 is a component of Utah’s State Implementation Plan (SIP) and cannot be deleted
without EPA’s approval. Therefore, the rule should be continued.

Agency Authorization Information
To the agency: Information requested on this form is required by Section 63G-3-305. Incomplete forms will be returned to the
agency for completion, possibly delaying publication in the Utah State Bulletin.
Agency head or
designee and title:
Bryce C. Bird, Director, Division of Air
Quality
Date: 09/11/2024
Reminder: Text changes cannot be made with this type of rule filing. To change any text, please file an amendment or a
nonsubstantive change.

R307. Environmental Quality, Air Quality. 1
R307-310. Salt Lake County: Trading of Emission Budgets for Transportation Conformity. 2
R307-310-1. Purpose. 3
This rule establishes the procedures that may be used to trade a portion of the primary PM10 4
budget when demonstrating that a transportation plan, transportation improvement program, or 5
project conforms with the motor vehicle emission budgets in the Salt Lake County portion of 6
Section IX, Part A of the State Implementation Plan, "Fine Particulate Matter (PM10)" 7
8
R307-310-2. Definitions. 9
The definitions contained in 40 CFR 93.101, effective as of the date referenced in R307-10
101-3, are incorporated into this rule by reference. The following additional definitions apply to this11
rule. 12
"Budget" means the motor vehicle emission projections used in the attainment 13
demonstration in the Salt Lake County portion of Section IX, Part A of the State Implementation 14
Plan, "Fine Particulate Matter (PM10)." 15
"NOx" means oxides of nitrogen. 16
"Primary PM10" means PM10 that is emitted directly by a source. Primary PM10 does not 17
include particulate matter that is formed when gaseous emissions undergo chemical reactions in the 18
ambient air. 19
"Transportation Conformity" means a demonstration that a transportation plan, 20
transportation improvement program, or project conforms with the emissions budgets in a state 21
implementation plan, as outlined in 40 CFR, Chapter 1, Part 93, "Determining Conformity of 22
Federal Actions to State or Federal Implementation Plans." 23
24
R307-310-3. Applicability. 25
(1) This rule applies to agencies responsible for demonstrating transportation conformity26
with the Salt Lake County portion of Section IX, Part A of the State Implementation Plan, "Fine 27
Particulate Matter (PM10)." 28
(2) This rule does not apply to emission budgets from Section IX, Part D.2 of the State29
Implementation Plan, "Ozone Maintenance Plan." 30
(3) This rule does not apply to emission budgets from Section IX, Part C.7 of the State31
Implementation Plan, "Carbon Monoxide Maintenance Provisions." 32
33
R307-310-4. Trading Between Emission Budgets. 34
(1) The agencies responsible for demonstrating transportation conformity are authorized to35
supplement the budget for NOx with a portion of the budget for primary PM10 for the purpose of 36
demonstrating transportation conformity for NOx. The NOx budget shall be supplemented using 37
the following procedures. 38
(a) The metropolitan planning organization shall include the following information in the39
transportation conformity demonstration: 40
(i) The budget for primary PM10 and NOx for each required year of the conformity41
demonstration, before trading allowed by this rule has been applied; 42
(ii) The portion of the primary PM10 budget that will be used to supplement the NOx43
budget, specified in tons per day using a 1:1 ratio of primary PM10 to NOx, for each required year 44
of the conformity demonstration; 45
(iii) The remainder of the primary PM10 budget that will be used in the conformity46
demonstration for primary PM10, specified in tons per day for each required year of the conformity 47
demonstration; and 48
(iv) The budget for primary PM10 and NOx for each required year of the conformity49
Page 1 of 2
demonstration after the trading allowed by this rule has been applied. 1
(b) Transportation conformity for NOx shall be demonstrated using the NOx budget2
supplemented by a portion of the primary PM10 budget as described in (a)(ii). Transportation 3
conformity for primary PM10 shall be demonstrated using the remainder of the primary PM10 4
budget described in (a)(iii). 5
(c) The primary PM10 budget shall not be supplemented by using a portion of the NOx6
budget. 7
8
R307-310-5. Transition Provision. 9
R307-310, sections 1-4 will remain in effect until the day that EPA approves the conformity 10
budget in the PM10 maintenance plan adopted by the board on July 6, 2005. 11
12
KEY: air pollution, transportation conformity, PM10 13
Date of Enactment or Last Substantive Amendment: February 8, 2008 14
Notice of Continuation: December 9, 2019 15
Authorizing, and Implemented or Interpreted Law: 19-2-104 16
Page 2 of 2
State of Utah
Administrative Rule Analysis
Revised May 2024

NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION
Rule Number: R307-311 Filing ID: Office Use Only
Effective Date: Office Use Only

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:
Erica Pryor 385-499-3416 [e-mail]

Please address questions regarding information on this notice to the persons listed above.

General Information
2. Rule catchline:
R307-311. Utah County: Trading of Emission Budgets for Transportation Conformity.

3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these
provisions authorize or require this rule:
Subsection 19-2-104 states that the Air Quality Board may make rules “…regarding the control, abatement, and prevention of
air pollution from all sources and the establishment of the maximum quantity of air pollutants that may be emitted by an air
pollutant source.” In addition, Subsection 19-2-104(3)(e) allows the Board to “…prepare and develop a comprehensive plan or
plans for the prevention, abatement, and control of air pollution in this state.” Rule R307-311 protects the public health by
setting forth a mechanism to trade PM10 for NOx to demonstrate conformity with the Utah County PM10 State Implementation
Plan (SIP).

4. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule:
No comments were received since the last five-year review in December 2019.

5. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments
in opposition to this rule, if any:
Rule R307-311 establishes a conformity budget for Utah County. This budget allows continued funding of transportation
projects in Utah County. Rule R307-311 is a component of Utah’s SIP and cannot be deleted without EPA’s approval.
Therefore, the rule should be continued.

Agency Authorization Information
To the agency: Information requested on this form is required by Section 63G-3-305. Incomplete forms will be returned to the
agency for completion, possibly delaying publication in the Utah State Bulletin.
Agency head or
designee and title:
Bryce C. Bird, Director, Division of Air
Quality
Date: 09/11/2024
Reminder: Text changes cannot be made with this type of rule filing. To change any text, please file an amendment or a
nonsubstantive change.

R307. Environmental Quality, Air Quality. 1
R307-311. Utah County: Trading of Emission Budgets for Transportation Conformity. 2
R307-311-1. Purpose. 3
This rule establishes the procedures that may be used to trade a portion of the primary PM10 4
budget when demonstrating that a transportation plan, transportation improvement program, or 5
project conforms with the motor vehicle emission budgets in the Utah County portion of Section IX, 6
Part A of the State Implementation Plan, "Fine Particulate Matter (PM10)". 7
8
R307-311-2. Definitions. 9
The definitions contained in 40 CFR 93.101, effective as of the date referenced in R307-10
101-3, are incorporated into this rule by reference. The following additional definitions apply to this11
rule. 12
"Budget" means the motor vehicle emission projections used in the attainment 13
demonstration in the Utah County portion of Section IX, Part A of the State Implementation Plan, 14
"Fine Particulate Matter (PM10)." 15
"NOx" means oxides of nitrogen. 16
"Primary PM10" means PM10 that is emitted directly by a source. Primary PM10 does not 17
include particulate matter that is formed when gaseous emissions undergo chemical reactions in the 18
ambient air. 19
"Transportation Conformity" means a demonstration that a transportation plan, 20
transportation improvement program, or project conforms with the emissions budgets in a state 21
implementation plan, as outlined in 40 CFR, Chapter 1, Part 93, "Determining Conformity of 22
Federal Actions to State or Federal Implementation Plans." 23
24
R307-311-3. Applicability. 25
(1) This rule applies to agencies responsible for demonstrating transportation conformity26
with the Utah County portion of Section IX, Part A of the State Implementation Plan, "Fine 27
Particulate Matter (PM10)." 28
(2) This rule does not apply to emission budgets from Section IX, Part C.6 of the State29
Implementation Plan, "Carbon Monoxide Maintenance Plan." 30
31
R307-311-4. Trading Between Emission Budgets. 32
(1) The agencies responsible for demonstrating transportation conformity are authorized to33
supplement the budget for NOx with a portion of the budget for primary PM10 for the purpose of 34
demonstrating transportation conformity for NOx. The NOx budget shall be supplemented using 35
the following procedures. 36
(a) The metropolitan planning organization shall include the following information in the37
transportation conformity demonstration: 38
(i) The budget for primary PM10 and NOx for each required year of the conformity39
demonstration, before trading allowed by this rule has been applied; 40
(ii) The portion of the primary PM10 budget that will be used to supplement the NOx41
budget, specified in tons per day using a 1:1 ratio of primary PM10 to NOx, for each required year 42
of the conformity demonstration; 43
(iii) The remainder of the primary PM10 budget that will be used in the conformity44
demonstration for primary PM10, specified in tons per day for each required year of the conformity 45
demonstration; and 46
(iv) The budget for primary PM10 and NOx for each required year of the conformity47
demonstration after the trading allowed by this rule has been applied. 48
(b) Transportation conformity for NOx shall be demonstrated using the NOx budget49
Page 1 of 2
supplemented by a portion of the primary PM10 budget as described in (a)(ii). Transportation 1
conformity for primary PM10 shall be demonstrated using the remainder of the primary PM10 2
budget described in (a)(iii). 3
(c) The primary PM10 budget shall not be supplemented by using a portion of the NOx 4
budget. 5
6
KEY: air pollution, transportation conformity, PM10 7
Date of Enactment or Last Substantive Amendment: March 5, 2015 8
Notice of Continuation: December 9, 2019 9
Authorizing, and Implemented or Interpreted Law: 19-2-104 10
Page 2 of 2
State of Utah
Administrative Rule Analysis
Revised May 2024

NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION
Rule Number: R307-841 Filing ID: Office Use Only
Effective Date: Office Use Only

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:
Erica Pryor 385-499-3416 [e-mail]

Please address questions regarding information on this notice to the persons listed above.

General Information
2. Rule catchline:
R307-841. Residential Property and Child-Occupied Facility Renovation.

3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these
provisions authorize or require this rule:
Rule R307-841 is one of three Air Quality rules that implements Subsection 19-2-104(1)(i) which authorizes the Air Quality
Board to make rules to implement the lead-based paint requirements for training, certification, and performance of 15 U.S.C.A
2601 et seq., Toxic Substances Control Act, Subchapter IV—Lead Exposure Reduction, Sections 402 and 406.

4. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule:
Rule R307-841 was amended in June 2021 due to a change in federal standards. No comments were received at that time. No
comments have been received since the last five-year review of Rule R307-841 in December 2019.

5. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments
in opposition to this rule, if any:
Rule R307-841 contains necessary requirements for Utah to have lead-based paint program regulatory oversight in Utah for
renovation projects conducted in target housing and child-occupied facilities. Without Rule R307-841, Utah would not have
authority to implement the federal requirements and implementation would be carried out by the Environmental Protection
Agency. Therefore, the rule should be continued.

Agency Authorization Information
To the agency: Information requested on this form is required by Section 63G-3-305. Incomplete forms will be returned to the
agency for completion, possibly delaying publication in the Utah State Bulletin.
Agency head or
designee and title:
Bryce C. Bird, Director, Division of Air
Quality
Date: 09/11/2024
Reminder: Text changes cannot be made with this type of rule filing. To change any text, please file an amendment or a
nonsubstantive change.

R307. Environmental Quality, Air Quality. 1
R307-841. Residential Property and Child-Occupied Facility Renovation. 2
R307-841-1. Purpose. 3
This rule implements 40 CFR 745, regulations developed under Sections 402 and 406 of the 4
Toxic Substances Control Act (15 U.S.C. 2682 and 2686) and applies to all renovations performed 5
for compensation in target housing and child-occupied facilities. The purpose of this rule is to ensure 6
the following: 7
(1) Owners and occupants of target housing and child-occupied facilities receive information8
on lead-based paint hazards before these renovations begin; and 9
(2) Individuals performing renovations regulated in accordance with R307-841-3 are properly10
trained; renovators and firms performing these renovations are certified; and the work practices in 11
R307-841-5 are followed during these renovations. 12
13
R307-841-2. Effective Dates. 14
(1) Training, certification and accreditation requirements, and work practice standards. The15
training, certification and accreditation requirements and work practice standards in this rule are 16
applicable as follows: 17
(a) Training programs. Effective April 8, 2010, no training program may provide, offer, or18
claim to provide training or refresher training for director certification as a renovator or a dust 19
sampling technician without accreditation from the director under R307-842-1. Training programs 20
may apply for accreditation under R307-842-1; 21
(b) Firms.22
(i) Firms may apply for certification under R307-841-7 beginning April 8, 2010.23
(ii) On or after April 8, 2010, no firm may perform, offer, or claim to perform renovations24
without certification from the director under R307-841-7 in target housing or child-occupied facilities, 25
unless the renovation qualifies as one of the exceptions identified in R307-841-3(1). 26
(c) Individuals. On or after April 8, 2010, all renovations must be directed by renovators27
certified in accordance with R307-841-8(1) and performed by certified renovators or individuals 28
trained in accordance with R307-841-8(2)(b) in target housing or child-occupied facilities, unless the 29
renovation qualifies for one of the exceptions identified in R307-841-3(1). 30
(d) Work practices.31
(i) On or after April 8, 2010 and before July 5, 2012, all renovations must be performed in32
accordance with the work practice standards in R307-841-5 and the associated recordkeeping 33
requirements in R307-841-6(2)(a) and (2)(f) in target housing or child-occupied facilities, unless the 34
renovation qualifies for the exceptions identified in R307-841-3(1). This does not apply to 35
renovations in target housing for which the firm performing the renovation has obtained a statement 36
signed by the owner that the renovation will occur in the owner's residence, no child under age six 37
resides there, the housing is not a child-occupied facility, and the owner acknowledges that the work 38
practices to be used during the renovation will not necessarily include all of the lead-safe work 39
practices contained in EPA's renovation, repair, and painting rule. For the purposes of this section, a 40
child resides in the primary residence of his or her custodial parents, legal guardians, and foster 41
parents. A child also resides in the primary residence of an informal caretaker if the child lives and 42
sleeps most of the time at the caretaker's residence. 43
(ii) On or after July 5, 2012, all renovations must be performed in accordance with the work44
practice standards in R307-841-5 and the associated recordkeeping requirements in R307-841-6(2)(a) 45
and (2)(f) in target housing or child-occupied facilities, unless the renovation qualifies for the 46
exception identified in R307-841-3(1). 47
Page 1 of 13
(2) Renovation-specific pamphlet. Renovators or firms performing renovations must provide 1
owners and occupants with "Renovate Right: Important Lead Hazard Information for Families, Child 2
Care Providers and Schools." 3
4
R307-841-3. Applicability. 5
(1) This rule applies to all renovations performed for compensation in target housing and 6
child-occupied facilities, except for the following: 7
(a) Renovations in target housing or child-occupied facilities in which a written determination 8
has been made by an inspector or risk assessor, certified pursuant to R307-842-2, that the components 9
affected by the renovation are free of paint or other surface coatings that contain lead equal to or in 10
excess of 1.0 milligrams/per square centimeter (mg/cm2) or 0.5% by weight, where the firm 11
performing the renovation has obtained a copy of the determination; or 12
(b) Renovations in target housing or child-occupied facilities in which a certified renovator, 13
using an EPA-recognized test kit as defined in R307-840-2 and following the kit manufacturer's 14
instructions, has tested each component affected by the renovation and determined that the 15
components are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 16
mg/cm2 or 0.5% by weight. If the components make up an integrated whole, such as the individual 17
stair treads and risers of a single staircase, the renovator is required to test only one of the individual 18
components, unless the individual components appear to have been repainted or refinished separately. 19
(c) Renovations in target housing or child-occupied facilities in which a certified renovator 20
has collected a paint chip sample from each painted component affected by the renovation and a 21
laboratory recognized by EPA pursuant to section 405(b) of TSCA as being capable of performing 22
analyses for lead compounds in paint chip samples has determined that the samples are free of paint 23
or other surface coatings that contain lead equal to or in excess of 1.0 mg/cm2 or 0.5% by weight. If 24
the components make up an integrated whole, such as the individual stair treads and risers of a single 25
staircase, the renovator is required to test only one of the individual components, unless the individual 26
components appear to have been repainted or refinished separately. 27
(2) The information distribution requirements in R307-841-4 do not apply to emergency 28
renovations, which are renovation activities that were not planned but result from a sudden, 29
unexpected event (such as non-routine failures of equipment) that, if not immediately attended to, 30
presents a safety or public health hazard, or threatens equipment and/or property with significant 31
damage. Interim controls performed in response to an elevated blood lead level in a resident child are 32
also emergency renovations. Emergency renovations other than interim controls are also exempt 33
from the warning sign, containment, waste handling, training, and certification requirements in R307-34
841-5, R307-841-7, and R307-841-8 to the extent necessary to respond to the emergency. Emergency 35
renovations are not exempt from the cleaning requirements of R307-841-5(1)(e) which must be 36
performed by certified renovators or individuals trained in accordance with R307-841-8(2)(b), the 37
cleaning verification requirements of R307-841-5(2), which must be performed by certified 38
renovators, and the recordkeeping requirements of R307-841-6(2)(e) and (f). 39
40
R307-841-4. Information Distribution Requirements. 41
(1) Renovations in dwelling units. No more than 60 days before beginning renovation 42
activities in any residential dwelling unit of target housing, the firm performing the renovation must: 43
(a) Provide the owner of the unit with the pamphlet, and comply with one of the following: 44
(i) Obtain, from the owner, a written acknowledgment that the owner has received the 45
pamphlet; or 46
(ii) Obtain a certificate of mailing at least 7 days prior to the renovation; and 47
(b) If the owner does not occupy the dwelling unit, provide an adult occupant of the unit with 48
the pamphlet, and comply with one of the following: 49
Page 2 of 13
(i) Obtain, from the adult occupant, a written acknowledgment that the occupant has received 1
the pamphlet, or certify in writing that a pamphlet has been delivered to the dwelling and that the firm 2
performing the renovation has been unsuccessful in obtaining a written acknowledgment from an 3
adult occupant. Such certification must include the address of the unit undergoing renovation, the 4
date and method of delivery of the pamphlet, names of the persons delivering the pamphlet, reason 5
for lack of acknowledgment (e.g., occupant refuses to sign, no adult occupant available), the signature 6
of a representative of the firm performing the renovation, and the date of signature; or 7
(ii) Obtain a certificate of mailing at least 7 days prior to the renovation. 8
(2) Renovations in common areas. No more than 60 days before beginning renovation 9
activities in common areas of multi-unit target housing, the firm performing the renovation must: 10
(a) Provide the owner with the pamphlet, and comply with one of the following: 11
(i) Obtain, from the owner, a written acknowledgment that the owner has received the 12
pamphlet; or 13
(ii) Obtain a certificate of mailing at least 7 days prior to the renovation; 14
(b) Comply with one of the following: 15
(i) Notify in writing, or ensure written notification of, each affected unit and make the 16
pamphlet available upon request prior to the start of renovation. Such notification shall be 17
accomplished by distributing written notice to each affected unit. The notice shall describe the general 18
nature and locations of the planned renovation activities, the expected starting and ending dates, and 19
a statement of how the occupant can obtain the pamphlet and a copy of the records required by R307-20
841-6(3) and (4) at no cost to the occupants; or 21
(ii) While the renovation is ongoing, post informational signs describing the general nature 22
and locations of the renovation and the anticipated completion date. These signs must be posted in 23
areas where they are likely to be seen by the occupants of all of the affected units. The signs must be 24
accompanied by a posted copy of the pamphlet or information on how interested occupants can review 25
a copy of the pamphlet or obtain a copy from the renovation firm at no cost to occupants. The signs 26
must also include information on how interested occupants can review a copy of the records required 27
by R307-841-6(3) and (4) or obtain a copy from the renovation firm at no cost to the occupants; 28
(c) Prepare, sign, and date a statement describing the steps performed to notify all occupants 29
of the intended renovation activities and to provide the pamphlet; and 30
(d) If the scope, locations, or expected starting and ending dates of the planned renovation 31
activities change after the initial notification, and the firm provided written initial notification to each 32
affected unit, the firm performing the renovation must provide further written notification to the 33
owners and occupants providing revised information on the ongoing or planned activities. This 34
subsequent notification must be provided before the firm performing the renovation initiates work 35
beyond that which was described in the original notice. 36
(3) Renovations in child-occupied facilities. No more than 60 days before beginning 37
renovation activities in any child-occupied facility, the firm performing the renovation must: 38
(a)(i) Provide the owner of the building with the pamphlet, and comply with one of the 39
following: 40
(A) Obtain, from the owner, a written acknowledgment that the owner has received the 41
pamphlet; or 42
(B) Obtain a certificate of mailing at least 7 days prior to the renovation; 43
(ii) If the adult representative of the child-occupied facility is not the owner of the building, 44
provide an adult representative of the child-occupied facility with the pamphlet, and comply with one 45
of the following: 46
(A) Obtain, from the adult representative, a written acknowledgment that the adult 47
representative has received the pamphlet, or certify in writing that a pamphlet has been delivered to 48
the facility and that the firm performing the renovation has been unsuccessful in obtaining a written 49
Page 3 of 13
acknowledgment from an adult representative. Such certification must include the address of the 1
child-occupied facility undergoing renovation, the date and method of delivery of the pamphlet, 2
names of the persons delivering the pamphlet, reason for lack of acknowledgment (e.g., representative 3
refuses to sign), the signature of a representative of the firm performing the renovation, and the date 4
of signature; or 5
(B) Obtain a certificate of mailing at least 7 days prior to the renovation; 6
(b) Provide the parents and guardians of children using the child-occupied facility with the 7
pamphlet and information describing the general nature and locations of the renovation and the 8
anticipated completion date and information on how interested parents or guardians of children 9
frequenting the child-occupied facility can review a copy of the records required by R307-841-6(3) 10
and (4) or obtain a copy from the renovation firm at no cost to the parents or guardians by complying 11
with one of the following: 12
(i) Mail or hand-deliver the pamphlet and the renovation information to each parent or 13
guardian of a child using the child-occupied facility; or 14
(ii) While the renovation is ongoing, post informational signs describing the general nature 15
and locations of the renovation and the anticipated completion date. These signs must be posted in 16
areas where they can be seen by the parents or guardians of the children frequenting the child-17
occupied facility. The signs must be accompanied by a posted copy of the pamphlet or information 18
on how interested parents or guardians of children frequenting the child-occupied facility can review 19
a copy of the pamphlet or obtain a copy from the renovation firm at no cost to the parents or guardians. 20
The signs must also include information on how interested parents or guardians of children 21
frequenting the child-occupied facility can review a copy of the records required by R307-841-6(3) 22
and (4) or obtain a copy from the renovation firm at no cost to the parents or guardians. 23
(c) The renovation firm must prepare, sign, and date a statement describing the steps 24
performed to notify all parents and guardians of the intended renovation activities and to provide the 25
pamphlet. 26
(4) Written acknowledgment. The written acknowledgments required by paragraphs 27
(1)(a)(i), (1)(b)(i), (2)(a)(i), (3)(a)(i)(A), and (3)(a)(ii)(A) of this section must: 28
(a) Include a statement recording the owner or occupant's name and acknowledging receipt 29
of the pamphlet prior to the start of renovation, the address of the unit undergoing renovation, the 30
signature of the owner or occupant as applicable, and the date of signature; 31
(b) Be either a separate sheet or part of any written contract or service agreement for the 32
renovation; and 33
(c) Be written in the same language as the text of the contract or agreement for the renovation 34
or, in the case of non-owner occupied target housing, in the same language as the lease or rental 35
agreement or the pamphlet. 36
37
R307-841-5. Work Practice Standards. 38
(1) Standards for renovation activities. Renovations must be performed by firms certified 39
under R307-841-7 using renovators certified under R307-841-8. The responsibilities of certified 40
firms are set forth in R307-841-7(4) and the responsibilities of certified renovators are set forth in 41
R307-841-8(2). 42
(a) Occupant protection. Firms must post signs clearly defining the work area and warning 43
occupants and other persons not involved in renovation activities to remain outside of the work area. 44
To the extent practicable, these signs must be in the primary language of the occupants. These signs 45
must be posted before beginning the renovation, must remain in place, and must be readable until the 46
renovation and the post-renovation cleaning verification have been completed. If warning signs have 47
been posted in accordance with 24 CFR 35.1345(b)(2) or 29 CFR 1926.62(m), additional signs are 48
not required by this section. 49
Page 4 of 13
(b) Containing the work area. Before beginning the renovation, the firm must isolate the 1
work area so that no dust or debris leaves the work area while the renovation is being performed. In 2
addition, the firm must maintain the integrity of the containment by ensuring that any plastic or other 3
impermeable materials are not torn or displaced, and taking any other steps necessary to ensure that 4
no dust or debris leaves the work area while the renovation is being performed. The firm must also 5
ensure that containment is installed in such a manner that it does not interfere with occupant and 6
worker egress in an emergency. 7
(i) Interior renovations. The firm must: 8
(A) Remove all objects from the work area, including furniture, rugs, and window coverings, 9
or cover them with plastic sheeting or other impermeable material with all seams and edges taped or 10
otherwise sealed; 11
(B) Close and cover all duct openings in the work area with taped-down plastic sheeting or 12
other impermeable material; 13
(C) Close windows and doors in the work area. Doors must be covered with plastic sheeting 14
or other impermeable material. Doors used as an entrance to the work area must be covered with 15
plastic sheeting or other impermeable material in a manner that allows workers to pass through while 16
confining dust and debris to the work area; 17
(D) Cover the floor surface, including installed carpet, with taped-down plastic sheeting or 18
other impermeable material in the work area 6 feet beyond the perimeter of surfaces undergoing 19
renovation or a sufficient distance to contain the dust, whichever is greater. Floor containment 20
measures may stop at the edge of the vertical barrier when using a vertical containment system 21
consisting of impermeable barriers that extend from the floor to the ceiling and are tightly sealed at 22
joints with the floor, ceiling, and walls; and 23
(E) Use precautions to ensure that all personnel, tools, and other items, including the exterior 24
of containers of waste, are free of dust and debris before leaving the work area. 25
(ii) Exterior renovations. The firm must: 26
(A) Close all doors and windows within 20 feet of the renovation. On multi-story buildings, 27
close all doors and windows within 20 feet of the renovation on the same floor as the renovation, and 28
close all doors and windows on all floors below that are the same horizontal distance from the 29
renovation; 30
(B) Ensure that doors within the work area that will be used while the job is being performed 31
are covered with plastic sheeting or other impermeable material in a manner that allows workers to 32
pass through while confining dust and debris to the work area; 33
(C) Cover the ground with plastic sheeting or other disposable impermeable material 34
extending 10 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to 35
collect falling paint debris, whichever is greater, unless the property line prevents 10 feet of such 36
ground covering. Ground containment measures may stop at the edge of the vertical barrier when 37
using a vertical containment system; and 38
(D) If the renovation will affect surfaces within 10 feet of the property line, the renovation 39
firm must erect vertical containment or equivalent extra precautions in containing the work area to 40
ensure that dust and debris from the renovation does not contaminate adjacent buildings or migrate to 41
adjacent properties. Vertical containment or equivalent extra precautions in containing the work area 42
may also be necessary in other situations in order to prevent contamination of other buildings, other 43
areas of the property, or adjacent buildings or properties. 44
(c) Prohibited and restricted practices. The work practices listed below are prohibited or 45
restricted during a renovation as follows: 46
(i) Open-flame burning or torching of painted surfaces is prohibited; 47
(ii) The use of machines designed to remove paint or other surface coatings through high 48
speed operation such as sanding, grinding, power planning, needle gun, abrasive blasting, or 49
Page 5 of 13
sandblasting, is prohibited on painted surfaces unless such machines have shrouds or containment 1
systems and are equipped with a HEPA vacuum attachment to collect dust and debris at the point of 2
generation. Machines must be operated so that no visible dust or release of air occurs outside the 3
shroud or containment system; and 4
(iii) Operating a heat gun on painted surfaces is permitted only at temperatures below 1,100 5
degrees Fahrenheit. 6
(d) Waste from renovations. 7
(i) Waste from renovation activities must be contained to prevent releases of dust and debris 8
before the waste is removed from the work area for storage or disposal. If a chute is used to remove 9
waste from the work area, it must be covered. 10
(ii) At the conclusion of each work day and at the conclusion of the renovation, waste that 11
has been collected from renovation activities must be stored under containment, in an enclosure, or 12
behind a barrier that prevents release of dust and debris out of the work area and prevents access to 13
dust and debris. 14
(iii) When the firm transports waste from renovation activities, the firm must contain the 15
waste to prevent release of dust and debris. 16
(e) Cleaning the work area. After the renovation has been completed, the firm must clean the 17
work area until no dust, debris, or residue remains. 18
(i) Interior and exterior renovations. The firm must: 19
(A) Collect all paint chips and debris and, without dispersing any of it, seal this material in a 20
heavy-duty bag; and 21
(B) Remove the protective sheeting. Mist the sheeting before folding it, fold the dirty side 22
inward, and either tape shut to seal or seal in heavy-duty bags. Sheeting used to isolate contaminated 23
rooms from non-contaminated rooms must remain in place until after the cleaning and removal of 24
other sheeting. Dispose of the sheeting as waste. 25
(ii) Additional cleaning for interior renovations. The firm must clean all objects and surfaces 26
in the work area and within 2 feet of the work area in the following manner, cleaning from higher to 27
lower: 28
(A) Walls. Clean walls starting at the ceiling and working down to the floor by either 29
vacuuming with a HEPA vacuum or wiping with a damp cloth; 30
(B) Remaining surfaces. Thoroughly vacuum all remaining surfaces and objects in the work 31
area, including furniture and fixtures, with a HEPA vacuum. The HEPA vacuum must be equipped 32
with a beater bar when vacuuming carpets and rugs; and 33
(C) Wipe all remaining surfaces and objects in the work area, except for carpeted or 34
upholstered surfaces, with a damp cloth. Mop uncarpeted floors thoroughly, using a mopping method 35
that keeps the wash water separate from the rinse water, such as the 2-bucket mopping method, or 36
using a wet mopping system. 37
(2) Standards for post-renovation cleaning verification. 38
(a) Interiors. 39
(i) A certified renovator must perform a visual inspection to determine whether dust, debris, 40
or residue is still present. If dust, debris, or residue is present, these conditions must be removed by 41
re-cleaning and another visual inspection must be performed. 42
(ii) After a successful visual inspection, a certified renovator must: 43
(A) Verify that each windowsill in the work area has been adequately cleaned, using the 44
following procedure. 45
(I) Wipe the windowsill with a wet disposable cleaning cloth that is damp to the touch. If the 46
cloth matches or is lighter than the cleaning verification card, the windowsill has been adequately 47
cleaned. 48
Page 6 of 13
(II) If the cloth does not match and is darker than the cleaning verification card, re-clean the 1
windowsill as directed in paragraphs (1)(e)(ii)(B) and (1)(e)(ii)(C) of this section, then either use a 2
new cloth or fold the used cloth in such a way that an unused surface is exposed, and wipe the surface 3
again. If the cloth matches or is lighter than the cleaning verification card, that windowsill has been 4
adequately cleaned. 5
(III) If the cloth does not match and is darker than the cleaning verification card, wait for 1 6
hour or until the surface has dried completely, whichever is longer. 7
(IV) After waiting for the windowsill to dry, wipe the windowsill with a dry disposable 8
cleaning cloth. After this wipe, the windowsill has been adequately cleaned. 9
(B) Wipe uncarpeted floors and countertops within the work area with a wet disposable 10
cleaning cloth. Floors must be wiped using application device with a long handle and a head to which 11
the cloth is attached. The cloth must remain damp at all times while it is being used to wipe the 12
surface for post-renovation cleaning verification. If the surface within the work area is greater than 13
40 square feet, the surface within the work area must be divided into roughly equal sections that are 14
each less than 40 square feet. Wipe each such section separately with a new wet disposable cleaning 15
cloth. If the cloth used to wipe each section of the surface within the work area matches the cleaning 16
verification card, the surface has been adequately cleaned. 17
(I) If the cloth used to wipe a particular surface section does not match the cleaning 18
verification card, re-clean that section of the surface as directed in paragraphs (1)(e)(ii)(B) and 19
(1)(e)(ii)(C) of this section, then use a new wet disposable cleaning cloth to wipe that section again. 20
If the cloth matches the cleaning verification card, that section of the surface has been adequately 21
cleaned. 22
(II) If the cloth used to wipe a particular surface section does not match the cleaning 23
verification card after the surface has been re-cleaned, wait for 1 hour or until the entire surface within 24
the work area has dried completely, whichever is longer. 25
(III) After waiting for the entire surface within the work area to dry, wipe each section of the 26
surface that has not yet achieved post-renovation cleaning verification with a dry disposable cleaning 27
cloth. After this wipe, that section of the surface has been adequately cleaned. 28
(iii) When the work area passes the post-renovation cleaning verification, remove the warning 29
signs. 30
(b) Exteriors. A certified renovator must perform a visual inspection to determine whether 31
dust, debris, or residue is still present on surfaces in and below the work area, including windowsills 32
and the ground. If dust, debris, or residue is present, these conditions must be eliminated and another 33
visual inspection must be performed. When the area passes the visual inspection, remove the warning 34
signs. 35
(3) Optional dust clearance testing. Cleaning verification need not be performed if the 36
contract between the renovation firm and the person contracting for the renovation or another federal, 37
state, territorial, tribal, or local law or regulation requires: 38
(a) The renovation firm to perform dust clearance sampling at the conclusion of a renovation 39
covered by this rule. 40
(b) The dust clearance samples are required to be collected by a certified inspector, risk 41
assessor, or dust sampling technician. 42
(c) The renovation firm is required to re-clean the work area until the dust clearance sample 43
results are below the clearance standards in R307-842-3(5)(j) or any local standard. 44
(4) Activities conducted after post-renovation cleaning verification. Activities that do not 45
disturb paint, such as applying paint to walls that have already been prepared, are not regulated by 46
this rule if they are conducted after post-renovation cleaning verification has been performed. 47
48
R307-841-6. Recordkeeping and Reporting Requirements. 49
Page 7 of 13
(1) Firms performing renovations must retain and, if requested, make available to the director 1
all records necessary to demonstrate compliance with this rule for a period of 3 years following 2
completion of the renovation. This 3-year retention requirement does not supersede longer 3
obligations required by other provisions for retaining the same documentation. 4
(2) Records that must be retained pursuant to paragraph (1) of this section shall include (where 5
applicable): 6
(a) Records or reports certifying that a determination had been made that lead-based paint is 7
not present on the components affected by the renovation, as described in R307-841-3(1). These 8
records or reports include: 9
(i) Reports prepared by a certified inspector or certified risk assessor certified pursuant to 10
R307-842-2. 11
(ii) Records prepared by a certified renovator after using EPA-recognized test kits, including 12
an identification of the manufacturer and model of any test kits used, a description of the components 13
that were tested including their locations, and the result of each test kit used. 14
(iii) Records prepared by a certified renovator after collecting paint chip samples, including 15
a description of the components that were tested including their locations, the name and address of 16
the NLLAP-recognized entity performing the analysis, and the results for each sample. 17
(b) Signed and dated acknowledgments of receipt as described in R307-841-4(1)(a)(i), 18
(1)(b)(i), (2)(a)(i), (3)(a)(i)(A), and (3)(a)(ii)(A). 19
(c) Certifications of attempted delivery as described in R307-841-4(1)(b)(i) and (3)(a)(ii)(A). 20
(d) Certificates of mailing as described in R307-841-4(1)(a)(ii), (1)(b)(ii), (2)(a)(ii), 21
(3)(a)(i)(B), and (3)(a)(ii)(B). 22
(e) Records of notification activities performed regarding common area renovations, as 23
described in R307-841-4(2)(c) and (2)(d), and renovations in child-occupied facilities, as described 24
in R307-841-4(3)(b). 25
(f) Documentation of compliance with the requirements of R307-841-5, including 26
documentation that a certified renovator was assigned to the project, that the certified renovator 27
provided on-the-job training for workers used on the project in a language that the workers can 28
comprehend, that the certified renovator performed or directed workers who performed all of the tasks 29
described in R307-841-5(1), and that the certified renovator performed the post-renovation cleaning 30
verification described in R307-841-5(2). If the renovation firm was unable to comply with all of the 31
requirements of this rule due to an emergency as defined in R307-841-3, the firm must document the 32
nature of the emergency and the provisions of the rule that were not followed. This documentation 33
must include a copy of the certified renovator's current Utah Lead-Based Paint Renovator certification 34
card, and a certification by the certified renovator assigned to the project that: 35
(i) Training was provided to workers (topics must be identified for each worker). 36
(ii) Warning signs were posted at the entrances to the work area. 37
(iii) If test kits were used, that the specified brand of kits was used at the specified locations 38
and that the results were as specified. 39
(iv) If paint chip samples were collected, that the samples were collected at the specified 40
locations, that the specified NLLAP-recognized laboratory analyzed the samples, and that the results 41
were as specified. 42
(v) The work area was contained by: 43
(A) Removing or covering all objects in the work area (interiors); 44
(B) Closing and covering all HVAC ducts in the work area (interiors); 45
(C) Closing all windows in the work area (interiors) or closing all windows in and within 20 46
feet of the work area (exteriors); 47
(D) Closing and sealing all doors in the work area (interiors) or closing and sealing all doors 48
in and within 20 feet of the work area (exteriors); 49
Page 8 of 13
(E) Covering doors in the work area that were being used to allow passage but prevent spread 1
of dust; 2
(F) Covering the floor surface, including installed carpet, with taped-down plastic sheeting 3
or other impermeable material in the work area 6 feet beyond the perimeter of surfaces undergoing 4
renovation or a sufficient distance to contain the dust, whichever is greater (interiors) or covering the 5
ground with plastic sheeting or other disposable impermeable material anchored to the building 6
extending 10 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to 7
collect falling paint debris, whichever is greater, unless the property line prevents 10 feet of such 8
ground covering, weighted down by heavy objects (exteriors); and 9
(G) Installing (if necessary) vertical containment to prevent migration of dust and debris to 10
adjacent property (exteriors). 11
(vi) Waste was contained on-site and while being transported off-site. 12
(vii) The work area was properly cleaned after the renovation by: 13
(A) Picking up all chips and debris, misting protective sheeting, folding it dirty side inward, 14
and taping it for removal; and 15
(B) Cleaning the work area surfaces and objects using a HEPA vacuum and/or wet cloths or 16
mops (interiors). 17
(viii) The certified renovator performed the post-renovation cleaning verification (the results 18
of which must be briefly described, including the number of wet and dry cloths used). 19
(3)(a) When the final invoice for the renovation is delivered or within 30 days of the 20
completion of the renovation, whichever is earlier, the renovation firm must provide information 21
pertaining to compliance with this rule to the following persons: 22
(i) The owner of the building; and, if different, 23
(ii) An adult occupant of the residential dwelling, if the renovation took place within a 24
residential dwelling, or an adult representative of the child-occupied facility, if the renovation took 25
place within a child-occupied facility. 26
(b) When performing renovations in common areas of multi-unit target housing, renovation 27
firms must post the information required by this rule or instructions on how interested occupants can 28
obtain a copy of this information. This information must be posted in areas where it is likely to be 29
seen by the occupants of all of the affected units. 30
(c) The information required to be provided by paragraph (3) of this section may be provided 31
by completing the sample form titled "Sample Renovation Recordkeeping Checklist" or a similar 32
form containing the test kit information required by R307-841-6(2)(a)(ii) and the training and work 33
practice compliance information required by R307-841-6(2)(f). 34
(4) If dust clearance sampling is performed in lieu of cleaning verification as permitted by 35
R307-841-5(3), the renovation firm must provide, when the final invoice for the renovation is 36
delivered or within 30 days of the completion of the renovation, whichever is earlier, a copy of the 37
dust sampling report to: 38
(a) The owner of the building; and, if different, 39
(b) An adult occupant of the residential dwelling, if the renovation took place within a 40
residential dwelling, or an adult representative of the child-occupied facility, if the renovation took 41
place within a child-occupied facility. 42
(c) When performing renovations in common areas of multi-unit target housing, renovation 43
firms must post these dust sampling reports or information on how interested occupants of the housing 44
being renovated can obtain a copy of the report. This information must be posted in areas where they 45
are likely to be seen by the occupants of all of the affected units. 46
47
R307-841-7. Firm Certification. 48
(1) Initial certification. 49
Page 9 of 13
(a) Firms that perform renovations for compensation must apply to the director for 1
certification to perform renovations or dust sampling. To apply, a firm must submit to the director a 2
completed "Lead-Based Paint Certification Application for Firms," signed by an authorized agent of 3
the firm, and pay the correct amount of fees. 4
(b) After the director receives a firm's application, the director will take one of the following 5
actions within 90 days of the date the application is received: 6
(i) The director will approve a firm's application if the director determines that it is complete 7
and that the environmental compliance history of the firm, its principals, or its key employees does 8
not show an unwillingness or inability to maintain compliance with environmental statutes or 9
regulations. An application is complete if it contains all of the information requested on the form and 10
includes at least the correct amount of fees. When the director approves a firm's application, the 11
director will issue the firm a certificate with an expiration date not more than 5 years from the date 12
the application is approved; 13
(ii) The director will request a firm to supplement its application if the director determines 14
that the application is incomplete. If the director requests a firm to supplement its application, the 15
firm must submit the requested information or pay the additional fees within 30 days of the date of 16
the request; and 17
(iii) The director will not approve a firm's application if the firm does not supplement its 18
application in accordance with paragraph (1)(b)(ii) of this section or if the director determines that the 19
environmental compliance history of the firm, its principals, or its key employees demonstrates an 20
unwillingness or inability to maintain compliance with environmental statutes or regulations. The 21
director will send the firm a letter giving the reason for not approving the application. The director 22
will not refund the application fees. A firm may reapply for certification at any time by filing a new, 23
complete application that includes the correct amount of fees. 24
(2) Re-certification. To maintain its certification, a firm must be re-certified by the director. 25
(a) Timely and complete application. To be re-certified, a firm must submit a complete 26
application for re-certification. A complete application for re-certification includes a completed 27
"Lead-Based Paint Certification Application for Firms" which contains all of the information 28
requested by the form and is signed by an authorized agent of the firm, noting on the form that it is 29
submitted as a re-certification. A complete application must also include the correct amount of fees. 30
(i) An application for re-certification is timely if it is postmarked 90 days or more before the 31
date the firm's current certification expires. If the firm's application is complete and timely, the firm's 32
current certification will remain in effect until its expiration date or until the director has made a final 33
decision to approve or disapprove the re-certification application, whichever is later. 34
(ii) If the firm submits a complete re-certification application less than 90 days before its 35
current certification expires, and the director does not approve the application before the expiration 36
date, the firm's current certification will expire and the firm will not be able to conduct renovations 37
until the director approves its re-certification application. 38
(iii) If the firm fails to obtain re-certification before the firm's current certification expires, 39
the firm must not perform renovations or dust sampling until it is certified anew pursuant to paragraph 40
(1), of this section. 41
(b) Director's action on an application. After the director receives a firm's application for re-42
certification, the director will review the application and take one of the following actions within 90 43
days of receipt: 44
(i) The director will approve a firm's application if the director determines that it is timely 45
and complete and that the environmental compliance history of the firm, its principals, or its key 46
employees does not show an unwillingness or inability to maintain compliance with environmental 47
statutes or regulations. When the director approves a firm's application for re-certification, the 48
Page 10 of 13
director will issue the firm a new certificate with an expiration date not more than 5 years from the 1
date that the firm's current certification expires. 2
(ii) The director will request a firm to supplement its application if the director determines 3
that the application is incomplete. 4
(iii) The director will not approve a firm's application if it is not received or is not complete 5
as of the date that the firm's current certification expires, or if the director determines that the 6
environmental compliance history of the firm, its principals, or its key employees demonstrates an 7
unwillingness or inability to maintain compliance with environmental statutes or regulations. The 8
director will send the firm a letter giving the reason for not approving the application. The director 9
will not refund the application fees. A firm may reapply for certification at any time by filing a new 10
application and paying the correct amount of fees. 11
(3) Amendment of certification. A firm must amend its certification within 90 days of the 12
date a change occurs to information included in the firm's most recent application. If the firm fails to 13
amend its certification within 90 days of the date the change occurs, the firm may not perform 14
renovations or dust sampling until its certification is amended. 15
(a) To amend a certification, a firm must submit a completed "Lead-Based Paint Certification 16
Application for Firms," signed by an authorized agent of the firm, noting on the form that it is 17
submitted as an amendment and indicating the information that has changed. The firm must also pay 18
at least the correct amount of fees. 19
(b) If additional information is needed to process the amendment, or the firm did not pay the 20
correct amount of fees, the director will request the firm to submit the necessary information or fees. 21
The firm's certification is not amended until the firm complies with the request. 22
(c) Amending a certification does not affect the certification expiration date. 23
(4) Firm responsibilities. Firms performing renovations must ensure that: 24
(a) All individuals performing renovation activities on behalf of the firm are either certified 25
renovators or have been trained by a certified renovator in accordance with R307-841-8; 26
(b) A certified renovator is assigned to each renovation performed by the firm and discharges 27
all of the certified renovator responsibilities identified in R307-841-8; 28
(c) All renovations performed by the firm are performed in accordance with the work practice 29
standards in R307-841-5; 30
(d) The pre-renovation education requirements of R307-841-4 have been performed; and 31
(e) The recordkeeping requirements of R307-841-6 are met. 32
33
R307-841-8. Renovator Certification and Dust Sampling Technician Certification. 34
(1) Renovator certification and dust sampling technician certification. 35
(a) To become a certified renovator or certified dust sampling technician, an individual must 36
successfully complete an initial lead-based paint renovator or dust-sampling technician course 37
accredited by the director under R307-842-1, the EPA under 40 CFR 745.225, or a state or tribal 38
program that has been authorized by EPA pursuant to subpart Q of 40 CFR 745. 39
(b) Individuals who have successfully completed an accredited abatement worker or 40
supervisor course, or individuals who successfully completed a director, EPA, HUD, or EPA/HUD 41
model renovation training course before October 4, 2011, but no later than the training course 42
expiration date found on that training certificate, may take an accredited refresher renovator training 43
course that includes hands-on training in lieu of the initial renovator training course to become a 44
certified renovator. 45
(c) Individuals who have successfully completed an accredited lead-based paint inspector or 46
risk assessor course before October 4, 2011, but no later than the training course expiration date found 47
on that training certificate, may take an accredited refresher dust sampling technician course in lieu 48
of the initial training to become a certified dust sampling technician. Individuals who are currently 49
Page 11 of 13
certified as lead-based paint inspectors or risk assessors may act as certified dust sampling technicians 1
without further training. 2
(d) To maintain renovator certification or dust sampling technician certification, an individual 3
must complete a renovator or dust sampling technician refresher course accredited by the director 4
under R307-842-1, the EPA under 40 CFR 745.225, or by a state or tribal program that is authorized 5
under subpart Q of 40 CFR 745 within 5 years of the date the individual completed the initial course 6
described in paragraph (1)(a) of this section. If the individual does not complete a refresher course 7
within this time, the individual must re-take the initial course to become certified again. Individuals 8
who complete a renovator course accredited by the director under R307-842-1, the EPA or an EPA 9
authorized program on or before March 31, 2010, must complete a renovator refresher course 10
accredited by the director under R307-842-1, the EPA or an EPA authorized program on or before 11
March 31, 2016, to maintain renovator certification. Individuals who completed a renovator course 12
accredited by the director under R307-842-1, the EPA or an EPA authorized program between April 13
1, 2010 and March 31, 2011, will have one year added to their original 5-year training certificate 14
expiration date. Individuals who take a renovator refresher course that does not include hands-on 15
training will have a training course certificate expiration date 3 years from the date they complete the 16
training. Individuals who take a refresher training course that includes hands-on training will have a 17
training course certificate expiration date 5 years from the date they complete the training. Individuals 18
who take the renovator refresher course without hands-on training must, for their next renovator 19
refresher course, take a course that includes hands-on training. 20
(e) An individual shall be re-certified as a renovator or a dust sampling technician if the 21
individual successfully completes the appropriate lead-based paint accredited refresher training 22
course and submits a valid copy of the appropriate refresher course completion certificate. During 23
the time period when the individual is not certified by the director, that individual cannot perform any 24
regulated work activities that requires individual certification. 25
(2) Renovator responsibilities. Certified renovators are responsible for ensuring compliance 26
with R307-841-5 at all renovations to which they are assigned. A certified renovator: 27
(a) Must perform all of the tasks described in R307-841-5(2) and must either perform or 28
direct workers who perform all of the tasks described in R307-841-5(1); 29
(b) Must provide training to workers on the work practices required by R307-841-5(1) that 30
they will be using in performing their assigned tasks; 31
(c) Must be physically present at the work site when the signs required by R307-841-5(1)(a) 32
are posted, while the work area containment required by R307-841-5(1)(b) is being established, and 33
while the work area cleaning required by R307-841-5(1)(e) is performed; 34
(d) Must regularly direct work being performed by other individuals to ensure that the work 35
practices required by R307-841-5(1) are being followed, including maintaining the integrity of the 36
containment barriers and ensuring that dust or debris does not spread beyond the work area; 37
(e) Must be available, either on-site or by telephone, at all times that renovations are being 38
conducted; 39
(f) When requested by the party contracting for renovation services, must use an acceptable 40
test kit to determine whether components to be affected by the renovation contain lead-based paint; 41
(g) Must have with them at the work site their current Utah Lead-Based Paint Renovator 42
certification card; and 43
(h) Must prepare the records required by R307-841-6(2)(a)(ii), (iii), and (f). 44
(3) Dust sampling technician responsibilities. When performing optional dust clearance 45
sampling under R307-841-5(3), a certified dust sampling technician: 46
(a) Must collect dust samples in accordance with R307-842-3(5)(h), must send the collected 47
samples to a laboratory recognized by EPA under TSCA Section 405(b), and must compare the results 48
to the clearance levels in accordance with R307-842-3(5)(h); and 49
Page 12 of 13
(b) Must have with them at the work site their current Utah Lead-Based Paint Dust Sampling 1
Technician certification card. 2
3
R307-841-9. Suspending, Revoking, or Modifying an Individual's or Firm's Certification. 4
(1) Grounds for suspending, revoking, or modifying an individual's certification. The director 5
may suspend, revoke, or modify an individual's certification if the individual fails to comply with 6
state lead-based paint administrative rules. The director may also suspend, revoke, or modify a 7
certified renovator's certification if the renovator fails to ensure that all assigned renovations comply 8
with R307-841-5. In addition to an administrative or judicial finding of violation, execution of a 9
consent agreement in settlement of an enforcement action constitutes, for purposes of this section, 10
evidence of a failure to comply with relevant statutes or regulations. 11
(2) Grounds for suspending, revoking, or modifying a firm's certification. The director may 12
suspend, revoke, or modify a firm's certification if the firm: 13
(a) Submits false or misleading information to the director in its application for certification 14
or re-certification, 15
(b) Fails to maintain or falsifies records required in R307-841-6, or 16
(c) Fails to comply, or an individual performing a renovation on behalf of the firm fails to 17
comply, with state lead-based paint administrative rules. In addition to an administrative or judicial 18
finding of violation, execution of a consent agreement in settlement of an enforcement action 19
constitutes, for purposes of this section, evidence of a failure to comply with relevant statutes or 20
regulations. 21
22
KEY: paint, lead-based paint, lead-based paint renovation 23
Date of Last Change: September 1, 2021 24
Notice of Continuation: December 9, 2019 25
Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(i) 26
Page 13 of 13
State of Utah
Administrative Rule Analysis
Revised May 2024

NOTICE OF FIVE-YEAR REVIEW AND STATEMENT OF CONTINUATION
Rule Number: R307-842 Filing ID: Office Use Only
Effective Date: Office Use Only

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:
Erica Pryor 385-499-3416 [e-mail]

Please address questions regarding information on this notice to the persons listed above.

General Information
2. Rule catchline:
R307-842. Accreditation of Training Programs: Target Housing and Child-Occupied Facilities.

3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these
provisions authorize or require this rule:
Rule R307-842 is one of three Air Quality rules that implements Subsection 19-2-104(1)(i) which authorizes the Air Quality
Board to make rules to implement the lead-based paint requirements for training, certification, and performance of 15 U.S.C.A
2601 et seq., Toxic Substances Control Act, Subchapter IV—Lead Exposure Reduction, Sections 402 and 406.

4. A summary of written comments received during and since the last five-year review of this rule from interested
persons supporting or opposing this rule:
Rule R307-842 was amended in June 2021 due to a change in federal standards. No comments were received at that time.
There have been no comments received since the last five-year review in December 2019.

5. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments
in opposition to this rule, if any:
Rule R307-842 contains necessary requirements for Utah to have lead-based paint program regulatory oversight in Utah for
renovation projects conducted in target housing and child-occupied facilities. Without Rule R307-842, Utah would not have
authority to implement the federal requirements and implementation would be carried out by the Environmental Protection
Agency. Therefore, the rule should be continued.

Agency Authorization Information
To the agency: Information requested on this form is required by Section 63G-3-305. Incomplete forms will be returned to the
agency for completion, possibly delaying publication in the Utah State Bulletin.
Agency head or
designee and title:
Bryce C. Bird, Director, Division of Air
Quality
Date: 09/11/2024
Reminder: Text changes cannot be made with this type of rule filing. To change any text, please file an amendment or a
nonsubstantive change.

R307. Environmental Quality, Air Quality. 1
R307-842. Lead-Based Paint Activities. 2
R307-842-1. Accreditation of Training Programs: Target Housing and Child-Occupied 3
Facilities. 4
(1) Scope.5
(a) A training program may seek accreditation to offer courses in any of the following6
disciplines: inspector, risk assessor, supervisor, project designer, abatement worker, renovator, and 7
dust sampling technician. A training program may also seek accreditation to offer refresher courses 8
for each of the above listed disciplines. Training courses taught in Utah must be accredited by the 9
director. All e-learning renovator refresher courses originating from companies based in Utah must 10
also be accredited by the director. 11
(b) Training programs may apply to the director for accreditation of their lead-based paint12
activities courses or refresher courses pursuant to this section. Training programs may apply to the 13
director for accreditation of their renovator or dust sampling technician courses or refresher courses 14
pursuant to this section. 15
(c) Initial and refresher courses shall be specific to each discipline and shall be conducted as16
separate and distinct courses and not combined with any other training during the period of the course. 17
(d) A training program must not provide, offer, or claim to provide director-accredited lead-18
based paint activities courses without applying for and receiving accreditation from the director as 19
required under paragraph (2) of this section. A training program must not provide, offer, or claim to 20
provide director-accredited renovator or dust sampling technician courses without applying for and 21
receiving accreditation from the director as required under paragraph (2) of this section. 22
(e) Accredited training programs, training program managers, and principal instructors must23
comply with all of the requirements of this section including approved terms of the application and 24
all the requirements and limitations specified in any accreditation documents issued to training 25
programs. 26
(2) Application process. The following are procedures a training program must follow to27
receive director accreditation to offer lead-based paint activities courses, renovator courses, or dust 28
sampling technician courses: 29
(a) A training program seeking accreditation shall submit a written application to the director30
containing the following information: 31
(i) The training program's name, address, and telephone number;32
(ii) A list of courses for which it is applying for accreditation. For the purposes of this section,33
courses taught in different languages and electronic learning courses are considered different courses, 34
and each must independently meet the accreditation requirements; 35
(iii) The name and documentation of the qualifications of the training program manager;36
(iv) The name(s) and documentation of qualifications of any principal instructor(s); and37
(v) A statement signed by the training program manager certifying that the training program38
meets the requirements established in paragraph (3) of this section. If a training program uses EPA-39
recommended model training materials, the training program manager shall include a statement 40
certifying that, as well; or 41
(vi) If a training program does not use EPA-recommended model training materials, its42
application for accreditation shall also include: 43
(A) A copy of the student and instructor manuals, or other materials to be used for each44
course; 45
(B) A copy of the course agenda for each course; and46
(C) When applying for accreditation of a course in a language other than English, a signed47
statement from a qualified, independent translator that they had compared the course to the English 48
language version and found the translation to be accurate; 49
Page 1 of 25
(vii) All training programs shall include in their application for accreditation the following: 1
(A) A description of the facilities and equipment to be used for lecture and hands-on training; 2
(B) A copy of the course test blueprint for each course; 3
(C) A description of the activities and procedures that will be used for conducting the 4
assessment of hands-on skills for each course; and 5
(D) A copy of the quality control plan as described in paragraph (3)(i) of this section. 6
(b) If a training program meets the requirements in paragraph (3) of this section, then the 7
director shall approve the application for accreditation no more than 180 days after receiving a 8
complete application from the training program. In the case of approval, a certificate of accreditation 9
shall be sent to the applicant. In the case of disapproval, a letter describing the reasons for disapproval 10
shall be sent to the applicant. Prior to disapproval, the director may, at its discretion, work with the 11
applicant to address inadequacies in the application for accreditation. The director may also request 12
additional materials retained by the training program under paragraph (8) of this section. If a training 13
program's application is disapproved, the program may reapply for accreditation at any time. 14
(c) A training program may apply for accreditation to offer initial courses or refresher courses 15
in as many disciplines as it chooses. A training program may seek accreditation for additional courses 16
at any time as long as the program can demonstrate that it meets the requirements of this section. 17
(d) A training program applying for accreditation must submit the appropriate fees in 18
accordance with the current Department of Environmental Quality Fee Schedule. 19
(3) Requirements for the accreditation of training programs. A training program accredited 20
by the director to offer lead-based paint activities courses, renovator courses, or dust sampling 21
technician courses must meet the following requirements: 22
(a) The training program shall employ a training manager who has: 23
(i) At least 2 years of experience, education, or training in teaching workers or adults; or 24
(ii) A bachelor's or graduate degree in building construction technology, engineering, 25
industrial hygiene, safety, public health, education, business administration or program management 26
or a related field; or 27
(iii) Two years of experience in managing a training program specializing in environmental 28
hazards; and 29
(iv) Demonstrated experience, education, or training in the construction industry including: 30
lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and 31
health, or industrial hygiene. 32
(b) The training manager shall designate a qualified principal instructor for each course who 33
has: 34
(i) Demonstrated experience, education, or training in teaching workers or adults; and 35
(ii) Successfully completed at least 16 hours of any director-accredited, EPA-accredited, or 36
EPA-authorized state or tribal-accredited lead-specific training for instructors of lead-based paint 37
activities courses or 8 hours of any director-accredited, EPA-accredited or EPA-authorized state or 38
tribal-accredited lead-specific training for instructors of renovator or dust sampling technician 39
courses; and 40
(iii) Demonstrated experience, education, or training in lead or asbestos abatement, painting, 41
carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene. 42
(c) The principal instructor shall be responsible for the organization of the course, course 43
delivery, and oversight of the teaching of all course material. The training manager may designate 44
guest instructors as needed for a portion of the course to provide instruction specific to the lecture, 45
hands-on activities, or work practice components of a course. However, the principal instructor is 46
primarily responsible for teaching the course materials and must be present to provide instruction (or 47
oversight of portions of the course taught by guest instructors) for the course for which he or she has 48
been designated the principal instructor. 49
Page 2 of 25
(d) The following documents shall be recognized by the director as evidence that training 1
managers and principal instructors have the education, work experience, training requirements or 2
demonstrated experience, specifically listed in paragraphs (3)(a) and (3)(b) of this section. This 3
documentation must be submitted with the accreditation application and retained by the training 4
program as required by the recordkeeping requirements contained in paragraph (8) of this section. 5
Those documents include the following: 6
(i) Official academic transcripts or diploma as evidence of meeting the education 7
requirements; 8
(ii) Resumes, letters of reference, or documentation of work experience, as evidence of 9
meeting the work experience requirements; and 10
(iii) Certificates from train-the-trainer courses and lead-specific training courses, as evidence 11
of meeting the training requirements. 12
(e) The training program shall ensure the availability of, and provide adequate facilities for, 13
the delivery of the lecture, course test, hands-on training, and assessment activities. This includes 14
providing training equipment that reflects current work practices and maintaining or updating the 15
equipment and facilities as needed. 16
(f) To become accredited in the following disciplines, the training program shall provide 17
initial training courses that meet the following training requirements: 18
(i) The initial inspector course shall last a minimum of 24 training hours, with a minimum of 19
8 hours devoted to hands-on training activities. The minimum curriculum requirements for the initial 20
inspector course are contained in paragraph (4)(a) of this section; 21
(ii) The initial risk assessor course shall last a minimum of 16 training hours, with a minimum 22
of 4 hours devoted to hands-on training activities. The minimum curriculum requirements for the 23
initial risk assessor course are contained in paragraph (4)(b) of this section; 24
(iii) The initial supervisor course shall last a minimum of 32 training hours, with a minimum 25
of 8 hours devoted to hands-on training activities. The minimum curriculum requirements for the 26
initial supervisor course are contained in paragraph (4)(c) of this section; 27
(iv) The initial project designer course shall last a minimum of 8 training hours. The 28
minimum curriculum requirements for the initial project designer course are contained in paragraph 29
(4)(d) of this section; 30
(v) The initial abatement worker course shall last a minimum of 16 training hours, with a 31
minimum of 8 hours devoted to hands-on training activities. The minimum curriculum requirements 32
for the initial abatement worker course are contained in paragraph (4)(e) of this section; 33
(vi) The initial renovator course must last a minimum of 8 training hours, with a minimum 34
of 2 hours devoted to hands-on training activities. The minimum curriculum requirements for the 35
initial renovator course are contained in paragraph (4)(f) of this section; and 36
(vii) The initial dust sampling technician course must last a minimum of 8 training hours, 37
with a minimum of 2 hours devoted to hands-on training activities. The minimum curriculum 38
requirements for the initial dust sampling technician course are contained in paragraph (4)(g) of this 39
section. 40
(viii) Electronic learning and other alternative course delivery methods are permitted for the 41
classroom portion of renovator, dust sampling technician, or lead-based paint activities courses but 42
not the hands-on portion of these courses, or for final course tests or proficiency tests described in 43
paragraph (3)(g) of this section. Electronic learning courses must comply with the following 44
requirements: 45
(A) A unique identifier must be assigned to each student for them to use to launch and re-46
launch the course; 47
(B) The training provider must track each student's course log-ins, launches, progress, and 48
completion, and maintain these records in accordance with paragraph (8) of this section; 49
Page 3 of 25
(C) The course must include periodic knowledge checks equivalent to the number and content 1
of the knowledge checks contained in EPA's model course, but at least 16 over the entire course. The 2
knowledge checks must be successfully completed before the student can go on to the next module; 3
(D) There must be a test of at least 20 questions at the end of the electronic learning portion 4
of the course, of which 80% must be answered correctly by the student for successful completion of 5
the electronic learning portion of the course. The test must be designed so that students do not receive 6
feedback on their test answers until after they have completed and submitted the test; and 7
(E) Each student must be able to save or print a copy of an electronic learning course 8
completion certificate. The electronic certificate must not be susceptible to easy editing. 9
(g) For each course offered, the training program shall conduct either a course test at the 10
completion of the course, and if applicable, a hands-on skills assessment, or in the alternative, a 11
proficiency test for that discipline. Each student must successfully complete the hands-on skills 12
assessment and receive a passing score on the course test to pass any course, or successfully complete 13
a proficiency test. 14
(i) The training manager is responsible for maintaining the validity and integrity of the hands-15
on skills assessment or proficiency test to ensure that it accurately evaluates the trainees' performance 16
of the work practices and procedures associated with the course topics contained in paragraph (4) of 17
this section; 18
(ii) The training manager is responsible for maintaining the validity and integrity of the course 19
test to ensure that it accurately evaluates the trainees' knowledge and retention of the course topics; 20
and 21
(iii) The course test shall be developed in accordance with the test blueprint submitted with 22
the training accreditation application. 23
(h) The training program shall issue unique course completion certificates to each individual 24
who passes the training course. The course completion certificate shall include: 25
(i) The name, a unique identification number, and address of the individual; 26
(ii) The name of the particular course that the individual completed; 27
(iii) Dates of course completion/test passage; 28
(iv) For initial inspector, risk assessor, project designer, supervisor, or abatement worker 29
course completion certificates, the expiration date of interim certification, which is 6 months from the 30
date of course completion; 31
(v) The name, address, and telephone number of the training program; 32
(vi) The language in which the course was taught; 33
(vii) For renovator and dust sampling technician course completion certificates, a photograph 34
of the individual. The photograph must be an accurate and recognizable image of the individual. As 35
reproduced on the certificate, the photograph must not be smaller than 1 square inch; and 36
(viii) For renovator, dust sampling technician, or lead-based paint activities course 37
completion certificates, the expiration date of the training certificate. 38
(i) The training manager shall develop and implement a quality control plan. The plan shall 39
be used to maintain and improve the quality of the training program over time. This plan shall contain 40
at least the following elements: 41
(i) Procedures for periodic revision of training materials and the course test to reflect 42
innovations in the field; and 43
(ii) Procedures for the training manager's annual review of principal instructor competency. 44
(j) Courses offered by the training program must teach the work practice standards contained 45
in R307-841-5 or R307-842-3, as applicable, in such a manner that trainees are provided with the 46
knowledge needed to perform the renovations or lead-based paint activities they will be responsible 47
for conducting. 48
Page 4 of 25
(k) The training manager shall be responsible for ensuring that the training program complies 1
at all times with all of the requirements in this section. 2
(l) The training manager shall allow the director or the director's authorized representative to 3
audit the training program to verify the contents of the application for accreditation as described in 4
paragraph (2) of this section. 5
(m) The training manager must provide notification of renovator, dust sampling technician, 6
or lead-based paint activities courses offered. 7
(i) The training manager must provide the director with notification of all renovator, dust 8
sampling technician, or lead-based paint activities courses offered except for any renovator course 9
without hands-on training delivered via electronic learning. The original notification must be received 10
by the director at least 7 business days prior to the start date of any renovator, dust sampling 11
technician, or lead-based paint activities course; 12
(ii) The training manager must provide the director updated notification when renovator, dust 13
sampling technician, or lead-based paint activities courses will begin on a date other than the start 14
date specified in the original notification, as follows: 15
(A) For renovator, dust sampling technician, or lead-based paint activities courses beginning 16
prior to the start date provided to the director, an updated notification must be received by the director 17
at least 7 business days before the new start date; and 18
(B) For renovator, dust sampling technician, or lead-based paint activities courses beginning 19
after the start date provided to the director, an updated notification must be received by the director 20
at least 2 business days before the start date provided to the director; 21
(iii) The training manager must update the director of any change in location of renovator, 22
dust sampling technician, or lead-based paint activities courses at least 7 business days prior to the 23
start date provided to the director; 24
(iv) The training manager must update the director regarding any course cancellations, or any 25
other change to the original notification. Updated notifications must be received by the director at 26
least 2 business days prior to the start date provided to the director; 27
(v) Each notification, including updates, must include the following: 28
(A) Notification type (original, update, or cancellation); 29
(B) Training program name, address, and telephone number; 30
(C) Course discipline, type (initial/refresher), and the language in which instruction will be 31
given; 32
(D) Date(s) and time(s) of training; 33
(E) Training location(s) telephone number, and address; 34
(F) Principal instructor's name; and 35
(G) Training manager's name and signature; 36
(vi) Notification must be accomplished using any of the following methods: Written 37
notification, or electronically using the Utah Division of Air Quality electronic notification system. 38
Written notification of renovator, dust sampling technician, or lead-based paint activities course 39
schedules can be accomplished by using either the sample form titled "Renovator, Dust Sampling 40
Technician, or Lead-Based Paint Activities Training Course Notification Form" or a similar form 41
containing the information required in paragraph (3)(m)(v) of this section. All written notifications 42
must be delivered to the director by United States Postal Service, fax, commercial delivery service, 43
hand delivery, or by email. Instructions and sample forms can be obtained from the Utah Division of 44
Air Quality Lead-Based Paint Program web site; 45
(vii) Renovator, dust sampling technician, or lead-based paint activities courses must not 46
begin on a date, or at a location other than that specified in the original notification unless an updated 47
notification identifying a new start date or location is submitted, in which case the course must begin 48
on the new start date and/or location specified in the updated notification; and 49
Page 5 of 25
(viii) No training program shall provide renovator, dust sampling technician, or lead-based 1
paint activities courses without first notifying the director of such activities in accordance with the 2
requirements of this paragraph. 3
(n) The training manager must provide notification following completion of renovator, dust 4
sampling technician, or lead-based paint activities courses. 5
(i) The training manager must provide the director notification after the completion of any 6
renovator, dust sampling technician, or lead-based paint activities course. This notification must be 7
received by the director no later than 10 business days following course completion. Notifications for 8
any e-learning renovator refresher course that does not include hands-on training must be submitted 9
via written notification or electronically using the Utah Division of Air Quality electronic notification 10
system no later than the 10th day of the month and include all students trained in the previous month. 11
Written notification for any e-learning renovator refresher course, can be accomplished by using 12
either the sample form titled "Renovator, Dust Sampling Technician, or Lead-Based Paint Activities 13
Training Course Notification Form" or a similar form containing the information required in 14
paragraph (3)(n)(ii) of this section. All written notifications must be delivered to the director by 15
United States Postal Service, fax, commercial delivery service, hand delivery, or by email. 16
Instructions and sample forms can be obtained from the Utah Division of Air Quality Lead-Based 17
Paint Program web site; 18
(ii) The notification must include the following: 19
(A) Training program name, address, and telephone number; 20
(B) Course discipline and type (initial/refresher); 21
(C) Date(s) of training; 22
(D) The following information for each student who took the course: 23
(I) Name, 24
(II) Address, 25
(III) Date of birth, 26
(IV) Course completion certificate number, 27
(V) Course test score, 28
(VI) For renovator or dust sampling technician courses, a digital photograph of the student, 29
and 30
(VII) For renovator refresher courses, the expiration date of the training certificate; 31
(E) Training manager's name and signature; and 32
(F) Utah Division of Air Quality Lead-Based Paint Program training verification statement. 33
(iii) Notification must be accomplished using any of the following methods: Written 34
notification, or electronically using the Utah Division of Air Quality electronic notification system. 35
Written notification following renovator, dust sampling technician, or lead-based paint activities 36
training courses can be accomplished by using either the sample form titled "Renovator, Dust 37
Sampling Technician, or Lead-Based Paint Activities Training Course Notification Form" or a similar 38
form containing the information required in paragraph (3)(n)(ii) of this section. All written 39
notifications must be delivered to the director by United States Postal Service, fax, commercial 40
delivery service, hand delivery, or by email. Instructions and sample forms can be obtained from the 41
Utah Division of Air Quality Lead-Based Paint Program web site. 42
(4) Minimum training curriculum requirements. A training program accredited by the director 43
to offer lead-based paint courses in the specific disciplines listed in paragraph (4) must ensure that its 44
courses of study include, at a minimum, the following course topics. 45
(a) Inspector. Instruction in the topics described in paragraphs (4)(a)(iv), (v), (vi), and (vii) 46
of this section must be included in the hands-on portion of the course. 47
(i) Role and responsibilities of an inspector; 48
(ii) Background information on lead and its adverse health effects; 49
Page 6 of 25
(iii) Background information on federal, state, and local regulations and guidance that 1
pertains to lead-based paint and lead-based paint activities; 2
(iv) Lead-based paint inspection methods, including selection of rooms and components for 3
sampling or testing; 4
(v) Paint, dust, and soil sampling methodologies; 5
(vi) Clearance standards and testing, including random sampling; 6
(vii) Preparation of the final inspection report; and 7
(viii) Recordkeeping. 8
(b) Risk assessor. Instruction in the topics described in paragraphs (4)(b)(iv), (vi), and (vii) 9
of this section must be included in the hands-on portion of the course. 10
(i) Role and responsibilities of a risk assessor; 11
(ii) Collection of background information to perform a risk assessment; 12
(iii) Sources of environmental lead contamination such as paint, surface dust and soil, water, 13
air, packaging, and food; 14
(iv) Visual inspection for the purposes of identifying potential sources of lead-based paint 15
hazards; 16
(v) Lead hazard screen protocol; 17
(vi) Sampling for other sources of lead exposure; 18
(vii) Interpretation of lead-based paint and other lead sampling results, including all 19
applicable federal or state guidance or regulations pertaining to lead-based paint hazards; 20
(viii) Development of hazard control options, the role of interim controls, and operations and 21
maintenance activities to reduce lead-based paint hazards; and 22
(ix) Preparation of a final risk assessment report. 23
(c) Supervisor. Instruction in the topics described in paragraphs (4)(c)(v), (vii), (viii), (ix), 24
and (x) of this section must be included in the hands-on portion of the course. 25
(i) Role and responsibilities of a supervisor; 26
(ii) Background information on lead and its adverse health effects; 27
(iii) Background information on federal, state, and local regulations and guidance that pertain 28
to lead-based paint abatement; 29
(iv) Liability and insurance issues relating to lead-based paint abatement; 30
(v) Risk assessment and inspection report interpretation; 31
(vi) Development and implementation of an occupant protection plan and abatement report; 32
(vii) Lead-based paint hazard recognition and control; 33
(viii) Lead-based paint abatement and lead-based paint hazard reduction methods, including 34
restricted practices; 35
(ix) Interior dust abatement/cleanup or lead-based paint hazard control and reduction 36
methods; 37
(x) Soil and exterior dust abatement or lead-based paint hazard control and reduction 38
methods; 39
(xi) Clearance standards and testing; 40
(xii) Cleanup and waste disposal; and 41
(xiii) Recordkeeping. 42
(d) Project designer. 43
(i) Role and responsibilities of a project designer; 44
(ii) Development and implementation of an occupant protection plan for large-scale 45
abatement projects; 46
(iii) Lead-based paint abatement and lead-based paint hazard reduction methods, including 47
restricted practices for large-scale abatement projects; 48
Page 7 of 25
(iv) Interior dust abatement/cleanup or lead hazard control and reduction methods for large-1
scale abatement projects; 2
(v) Clearance standards and testing for large scale abatement projects; and 3
(vi) Integration of lead-based paint abatement methods with modernization and rehabilitation 4
projects for large scale abatement projects. 5
(e) Abatement worker. Instruction in the topics described in paragraphs (4)(e)(iv), (v), (vi), 6
and (vii) of this section must be included in the hands-on portion of the course. 7
(i) Role and responsibilities of an abatement worker; 8
(ii) Background information on lead and its adverse health effects; 9
(iii) Background information on federal, state, and local regulations and guidance that pertain 10
to lead-based paint abatement; 11
(iv) Lead-based paint hazard recognition and control; 12
(v) Lead-based paint abatement and lead-based paint hazard reduction methods, including 13
restricted practices; 14
(vi) Interior dust abatement methods/cleanup or lead-based paint hazard reduction; and 15
(vii) Soil and exterior dust abatement methods or lead-based paint hazard reduction. 16
(f) Renovator. Instruction in the topics described in paragraphs (4)(f)(iv), (vi), (vii), and (viii) 17
of this section must be included in the hands-on portion of the course. 18
(i) Role and responsibility of a renovator; 19
(ii) Background information on lead and its adverse health effects; 20
(iii) Background information on EPA, HUD, OSHA, and other federal, state, and local 21
regulations and guidance that pertains to lead-based paint and renovation activities; 22
(iv) Procedures for using acceptable test kits to determine whether paint is lead-based paint; 23
(v) Procedures for collecting a paint chip sample and sending it to a laboratory recognized by 24
EPA under section 405(b) of TSCA; 25
(vi) Renovation methods to minimize the creation of dust and lead-based paint hazards; 26
(vii) Interior and exterior containment and cleanup methods; 27
(viii) Methods to ensure that the renovation has been properly completed, including cleaning 28
verification, and clearance testing; 29
(ix) Waste handling and disposal; 30
(x) Providing on-the-job training to other workers; and 31
(xi) Record preparation. 32
(g) Dust sampling technician. Instruction in the topics described in paragraphs (4)(g)(iv) and 33
(vi) of this section must be included in the hands-on portion of the course. 34
(i) Role and responsibility of a dust sampling technician; 35
(ii) Background information on lead and its adverse health effects; 36
(iii) Background information on federal, state, and local regulations and guidance that 37
pertains to lead-based paint and renovation activities; 38
(iv) Dust sampling methodologies; 39
(v) Clearance standards and testing; and 40
(vi) Report preparation. 41
(5) Requirements for the accreditation of refresher training programs. A training program 42
may seek accreditation to offer refresher training courses in any of the following disciplines: 43
Inspector, risk assessor, supervisor, project designer, abatement worker, renovator, and dust sampling 44
technician. A training program accredited by the director to offer refresher training must meet the 45
following minimum requirements: 46
(a) Each refresher course shall review the curriculum topics of the full-length courses listed 47
under paragraph (4) of this section, as appropriate. In addition, to become accredited to offer refresher 48
Page 8 of 25
training courses, training programs shall ensure that their courses of study include, at a minimum, the 1
following: 2
(i) An overview of current safety practices relating to lead-based paint in general, as well as 3
specific information pertaining to the appropriate discipline; 4
(ii) Current laws and regulations relating to lead-based paint in general, as well as specific 5
information pertaining to the appropriate discipline; and 6
(iii) Current technologies relating to lead-based paint in general, as well as specific 7
information pertaining to the appropriate discipline; 8
(b) Refresher courses for inspector, risk assessor, supervisor, and abatement worker must last 9
a minimum of 8 training hours. Refresher courses for project designer, renovator, and dust sampling 10
technician must last a minimum of 4 training hours. Refresher courses for all disciplines except 11
renovator and project designer must include a hands-on component. Renovators must take a refresher 12
course that includes hands-on training at least every other re-certification; 13
(c) Except for e-learning renovator refresher courses and project designer courses, for all 14
other courses offered, the training program shall conduct a hands-on assessment. With the exception 15
of project designer courses, the training program shall conduct a course test at the completion of the 16
course. Renovators must take a refresher course that includes hands-on training at least every other 17
re-certification; 18
(d) A training program may apply for accreditation of a refresher course concurrently with 19
its application for accreditation of the corresponding initial training course as described in paragraph 20
(2) of this section. If so, the director shall use the approval procedure described in paragraph (2) of 21
this section. In addition, the minimum requirements contained in paragraphs (3)(a) through (3)(e), 22
(3)(f)(viii), and (3)(g) through (3)(n), and (5)(a) through (5)(c) of this section shall also apply; and 23
(e) A training program seeking accreditation to offer refresher training courses only shall 24
submit a written application to the director containing the following information: 25
(i) The refresher training program's name, address, and telephone number; 26
(ii) A list of courses for which it is applying for accreditation; 27
(iii) The name and documentation of the qualifications of the training program manager; 28
(iv) The name(s) and documentation of the qualifications of the principal instructor(s); 29
(v) A statement signed by the training program manager certifying that the refresher training 30
program meets the minimum requirements established in paragraph (3) of this section, except for the 31
requirements in paragraph (3)(f) of this section. If a training program uses EPA-developed model 32
training materials, the training manager shall include a statement certifying that, as well; 33
(vi) If the refresher training course materials are not based on EPA-developed model training 34
materials, the training program's application for accreditation shall include: 35
(A) A copy of the student and instructor manuals to be used for each course; and 36
(B) A copy of the course agenda for each course; 37
(vii) All refresher training programs shall include in their application for accreditation the 38
following: 39
(A) A description of the facilities and equipment to be used for lecture and hands-on training; 40
(B) A copy of the course test blueprint for each course; 41
(C) A description of the activities and procedures that will be used for conducting the 42
assessment of hands-on skills for each course (if applicable); and 43
(D) A copy of the quality control plan as described in paragraph (3)(i) of this section; 44
(viii) The requirements in paragraphs (3)(a) through (3)(e), (3)(f)(viii) and (3)(g) through 45
(3)(n) of this section apply to refresher training providers; and 46
(ix) If a refresher training program meets the requirements listed in this paragraph, then the 47
director shall approve the application for accreditation no more than 180 days after receiving a 48
complete application from the refresher training program. In the case of approval, a certificate of 49
Page 9 of 25
accreditation shall be sent to the applicant. In the case of disapproval, a letter describing the reasons 1
for disapproval shall be sent to the applicant. Prior to disapproval, the director may, at the director's 2
discretion, work with the applicant to address inadequacies in the application for accreditation. The 3
director may also request additional materials retained by the refresher training program under 4
paragraph (8) of this section. If a refresher training program's application is disapproved, the program 5
may reapply for accreditation at any time. 6
(6) Re-accreditation of training programs. 7
(a) Unless re-accredited, a training program's accreditation, including refresher training 8
accreditation, shall expire 4 years after the date of issuance. If a training program meets the 9
requirements of this section, the training program shall be re-accredited. 10
(b) A training program seeking re-accreditation shall submit an application to the director no 11
later than 180 days before its accreditation expires. If a training program does not submit its 12
application for re-accreditation by that date, the director cannot guarantee that the program will be re-13
accredited before the end of the accreditation period. 14
(c) The training program's application for re-accreditation shall contain: 15
(i) The training program's name, address, and telephone number; 16
(ii) A list of courses for which it is applying for re-accreditation; 17
(iii) The name and qualifications of the training program manager; 18
(iv) The name(s) and qualifications of the principal instructor(s); 19
(v) A description of any changes to the training facility, equipment or course materials since 20
its last application was approved that adversely affects the students' ability to learn; 21
(vi) A statement signed by the program manager stating: 22
(A) That the training program complies at all times with all requirements in paragraphs (3) 23
and (5) of this section, as applicable; and 24
(B) The recordkeeping and reporting requirements of paragraph (8) of this section shall be 25
followed; and 26
(vii) A payment of appropriate fees in accordance with the current Department of 27
Environmental Quality Fee Schedule. 28
(d) Upon request, the training program shall allow the director or the director's authorized 29
representative to audit the training program to verify the contents of the application for re-30
accreditation as described in paragraph (6)(c) of this section. 31
(7) Suspension, revocation, and modification of accredited training programs. 32
(a) The director may, after notice and an opportunity, for hearing, suspend, revoke, or modify 33
training program accreditation, including refresher training accreditation, if a training program, 34
training manager, or other person with supervisory authority over the training program has: 35
(i) Misrepresented the contents of a training course to the director and/or the student 36
population; 37
(ii) Failed to submit required information or notifications in a timely manner; 38
(iii) Failed to maintain required records; 39
(iv) Falsified accreditation records, instructor qualifications, or other accreditation-related 40
information or documentation; 41
(v) Failed to comply with the training standards and requirements in this section; 42
(vi) Failed to comply with federal, state, or local lead-based paint statutes or regulations; or 43
(vii) Made false or misleading statements to the director in its application for accreditation or 44
re-accreditation which the director relied upon in approving the application. 45
(b) In addition to an administrative or judicial finding of violation, execution of a consent 46
agreement in settlement of an enforcement action constitutes, for purposes of this section, evidence 47
of a failure to comply with relevant statutes or regulations. 48
(8) Training program recordkeeping requirements. 49
Page 10 of 25
(a) Accredited training programs shall maintain, and make available to the director or the 1
director's authorized representative, upon request, the following records: 2
(i) All documents specified in paragraph (3)(d) of this section that demonstrate the 3
qualifications listed in paragraphs (3)(a) and (3)(b) of this section of the training manager and 4
principal instructors; 5
(ii) Current curriculum/course materials and documents reflecting any changes made to these 6
materials; 7
(iii) The course test blueprint; 8
(iv) Information regarding how the hands-on assessment is conducted including, but not 9
limited to: 10
(A) Who conducts the assessment; 11
(B) How the skills are graded; 12
(C) What facilities are used; and 13
(D) The pass/fail rate; 14
(v) The quality control plan as described in paragraph (3)(i) of this section; 15
(vi) Results of the students' hands-on skills assessments and course tests, and a record of each 16
student's course completion certificate; 17
(vii) Any other material not listed in paragraphs (8)(a)(i) through (8)(a)(vi) of this section that 18
was submitted to the director as part of the program's application for accreditation. 19
(viii) For renovator refresher and dust sampling technician refresher courses, a copy of each 20
trainee's prior course completion certificate showing that each trainee was eligible to take the refresher 21
course; and 22
(ix) For course modules delivered in an electronic format, a record of each student's log-ins, 23
launches, progress, and completion, and a copy of the electronic learning completion certificate for 24
each student. 25
(b) The training program must retain records pertaining to renovator, dust sampling 26
technician and lead-based paint activities courses at the address specified on the training program 27
accreditation application (or as modified in accordance with paragraph (8)(c) of this section) for the 28
following minimum periods: 29
(i) Records pertaining to lead-based paint activities courses must be retained for a minimum 30
of 3 years and 6 months; 31
(ii) Records pertaining to renovator or dust sampling technician courses offered must be 32
retained for a minimum of 5 years and 6 months. 33
(c) The training program shall notify the director in writing within 30 days of changing the 34
address specified on its training program accreditation application or transferring the records from 35
that address. 36
(9) Amendment of accreditation. 37
(a) A training program must amend its accreditation within 90 days of the date a change 38
occurs to information included in the program's most recent application. If the training program fails 39
to amend its accreditation within 90 days of the date the change occurs, the program may not provide 40
renovator, dust sampling technician, or lead-based paint activities training until its accreditation is 41
amended. 42
(b) To amend an accreditation, a training program must submit a completed Division of Air 43
Quality Lead-Based Paint Application for Course Accreditation, signed by an authorized agent of the 44
training provider, noting on the form that it is submitted as an amendment and indicating the 45
information that has changed. 46
(c) Training managers, principal instructors, permanent training locations. If the amendment 47
includes a new training program manager, any new or additional principal instructor(s), or any new 48
permanent training location(s), the training provider is not permitted to provide training under the 49
Page 11 of 25
new training manager or offer courses taught by any new principal instructor(s) or at the new training 1
location(s) until the director either approves the amendment or 30 days have elapsed, whichever 2
occurs earlier. Except: 3
(i) If the amendment includes a new training program manager or new or additional principal 4
instructor that was identified in a training provider accreditation application that the director has 5
already approved under this section, the training provider may begin to provide training under the 6
new training manager or offer courses taught by the new principal instructor on an interim basis as 7
soon as the provider submits the amendment to the director. The training provider may continue to 8
provide training under the new training manager or offer courses taught by the new principal 9
instructor if the director approves the amendment or if the director does not disapprove the 10
amendment within 30 days. 11
(ii) If the amendment includes a new permanent training location, the training provider may 12
begin to provide training at the new permanent training location on an interim basis as soon as the 13
provider submits the amendment to the director. The training provider may continue to provide 14
training at the new permanent training location if the director approves the amendment or if the 15
director does not disapprove the amendment within 30 days. 16
17
R307-842-2. Certification of Individuals and Firms Engaged in Lead-Based Paint Activities: 18
Target Housing and Child-Occupied Facilities. 19
(1) Certification of individuals. 20
(a) Individuals seeking certification by the director to engage in lead-based paint activities 21
must either: 22
(i) Submit to the director an application demonstrating that they meet the requirements 23
established in paragraphs (2) or (3) of this section for the particular discipline for which certification 24
is sought; or 25
(ii) Submit to the director an application with a copy of a valid lead-based paint activities 26
certification (or equivalent) from the EPA or a state or tribal program that has been authorized by 27
EPA pursuant to subpart Q of 40 CFR 745; or 28
(iii) For supervisor, inspector, and/or risk assessor certification, submit to the director an 29
application with a copy of a valid lead-based paint training certificate from an EPA-accredited, or 30
EPA-authorized state or tribal-accredited lead-specific training in the appropriate discipline and pass 31
the certification exam in the appropriate discipline offered by the director. 32
(b) Following the submission of an application demonstrating that all the requirements of this 33
section have been met, the director shall certify an applicant as an inspector, risk assessor, supervisor, 34
project designer, or abatement worker, as appropriate. 35
(c) Upon receiving director certification, individuals conducting lead-based paint activities 36
shall comply with the work practice standards for performing the appropriate lead-based paint 37
activities as established in R307-842-3. 38
(d) It shall be a violation of state administrative rules for an individual to conduct any of the 39
lead-based paint activities described in R307-842-3 if that individual has not been certified by the 40
director pursuant to this section to do so. 41
(e) Individuals applying for certification must submit the appropriate fees in accordance with 42
the current Department of Environmental Quality Fee Schedule. 43
(2) Inspector, risk assessor or supervisor. 44
(a) To become certified by the director as an inspector, risk assessor, or supervisor, pursuant 45
to paragraph (1)(a)(i) of this section, an individual must: 46
(i) Successfully complete an accredited initial training course in the appropriate discipline 47
and receive a course completion certificate from an accredited training program; 48
(ii) Pass the certification exam in the appropriate discipline offered by the director; and 49
Page 12 of 25
(iii) Meet or exceed the following experience and/or education requirements: 1
(A) Inspectors. No additional experience and/or education requirements; 2
(B) Risk assessors. 3
(I) Successful completion of an accredited initial training course for inspectors; and 4
(II) Bachelor's degree and 1 year of experience in a related field (e.g., lead, asbestos, 5
environmental remediation work, or construction), or an Associates degree and 2 years experience in 6
a related field (e.g., lead, asbestos, environmental remediation work, or construction); or 7
(III) Certification as an industrial hygienist, professional engineer, registered architect and/or 8
certification in a related engineering/health/environmental field (e.g., safety professional, 9
environmental scientist); or 10
(IV) A high school diploma (or equivalent), and at least 3 years of experience in a related 11
field (e.g., lead, asbestos, environmental remediation work or construction); 12
(C) Supervisor. 13
(I) One year of experience as a certified lead-based paint abatement worker; or 14
(II) At least 2 years of experience in a related field (e.g., lead, asbestos, or environmental 15
remediation work) or in the building trades. 16
(b) The following documents shall be recognized by the director as evidence of meeting the 17
requirements listed in (2)(b)(iii) of this paragraph: 18
(i) Official academic transcripts or diploma, as evidence of meeting the education 19
requirements; 20
(ii) Resumes, letters of reference, or documentation of work experience, as evidence of 21
meeting the work experience requirements; and 22
(iii) Course completion certificates from lead-specific or other related training courses, issued 23
by accredited training programs, as evidence of meeting the training requirements. 24
(c) In order to take the certification examination for a particular discipline an individual must: 25
(i) Successfully complete an accredited initial training course in the appropriate discipline 26
and receive a course completion certificate from an accredited training program; and 27
(ii) Meet or exceed the education and/or experience requirements in paragraph (2)(a)(iii) of 28
this section. 29
(d) The initial training course completion certificate shall serve as interim certification for an 30
individual until the next available opportunity to take the certification exam. Such interim certification 31
shall expire 6 months after issuance. 32
(e) After passing the appropriate certification exam and submitting an application 33
demonstrating that he/she meets the appropriate training, education, and/or experience prerequisites 34
described in paragraph (2)(a) of this section, an individual shall be issued a certificate by the director. 35
To maintain certification, an individual must be re-certified as described in paragraph (4) of this 36
section. 37
(f) An individual may take the certification exam no more than three times within 6 months 38
of receiving an initial training course completion certificate. 39
(g) If an individual does not pass the certification exam and receive a certificate within 6 40
months of receiving his/her initial training course completion certificate, the individual must retake 41
the appropriate initial training course from an accredited training program before reapplying for 42
certification from the director. 43
(3) Abatement worker and project designer. 44
(a) To become certified by the director as an abatement worker or project designer, pursuant 45
to paragraph (1)(a)(i) of this section, an individual must: 46
(i) Successfully complete an accredited initial training course in the appropriate discipline 47
and receive a course completion certificate from an accredited training program; and 48
(ii) Meet or exceed the following additional experience and/or education requirements: 49
Page 13 of 25
(A) Abatement workers. No additional experience and/or education requirements; and 1
(B) Project designers. 2
(I) Successful completion of an accredited initial training course for supervisors; 3
(II) Bachelor's degree in engineering, architecture, or a related profession, and 1 year of 4
experience in building construction and design or a related field; or 5
(III) Four years of experience in building construction and design or a related field. 6
(b) The following documents shall be recognized by the director as evidence of meeting the 7
requirements listed in this paragraph: 8
(i) Official academic transcripts or diploma, as evidence of meeting the education 9
requirements; 10
(ii) Resumes, letters of reference, or documentation of work experience, as evidence of 11
meeting the work experience requirements; and 12
(iii) Course completion certificates from lead-specific or other related training courses, issued 13
by accredited training programs, as evidence of meeting the training requirements. 14
(c) The initial training course completion certificate shall serve as an interim certification 15
until certification from the director is received, but shall be valid for no more than 6 months from the 16
date of completion. 17
(d) After successfully completing the appropriate initial training courses and meeting any 18
other qualifications described in paragraph (3)(a) of this section, an individual shall be issued a 19
certificate from the director. To maintain certification, an individual must be re-certified as described 20
in paragraph (4) of this section. 21
(4) Re-certification. 22
(a) To maintain certification in a particular discipline, a certified individual shall apply to and 23
be re-certified by the director in that discipline by the director either: 24
(i) Every 3 years if the individual completed a training course with a course test and hands-25
on assessment; or 26
(ii) Every 5 years if the individual completed a training course with a proficiency test. 27
(b) An individual shall be re-certified if the individual successfully completes the appropriate 28
accredited refresher training course and submits a valid copy of the appropriate refresher training 29
course completion certificate. For the supervisor, inspector, or risk assessor disciplines, if more than 30
3 years but less than 4 years have passed since certification or re-certification for an individual that 31
completed an initial or a refresher training course with a course test and hands-on assessment, or if 32
more than 5 years but less than 6 years have passed since certification or re-certification for an 33
individual that completed an initial or a refresher training course with a proficiency test, then the 34
individual must also pass the certification exam in the appropriate discipline offered by the director. 35
During the time period when the individual is not certified by the director, that individual cannot 36
perform any regulated work activities that requires individual certification. 37
(c) Individuals applying for re-certification must submit the appropriate fees in accordance 38
with the current Department of Environmental Quality Fee Schedule. 39
(5) Certification of firms. 40
(a) All firms which perform or offer to perform any of the lead-based paint activities or 41
renovations described in R307-842-3 shall be certified by the director. 42
(b) A firm seeking certification shall submit to the director a letter attesting that the firm shall 43
only employ appropriately certified employees to conduct lead-based paint activities, and that the firm 44
and its employees shall follow the work practice standards in R307-842-3 for conducting lead-based 45
paint activities. 46
(c) From the date of receiving the firm's letter requesting certification, the director shall have 47
90 days to approve or disapprove the firm's request for certification. Within that time, the director 48
shall respond with either a certificate of approval or a letter describing the reasons for disapproval. 49
Page 14 of 25
(d) The firm shall maintain all records pursuant to the requirements in R307-842-3. 1
(e) Firms may apply to the director for certification to engage in lead-based paint activities 2
pursuant to this section. 3
(f) Firms applying for certification or re-certification must submit the appropriate fees in 4
accordance with the current Department of Environmental Quality Fee Schedule. 5
(6) Suspension, revocation, and modification of certifications of individuals engaged in lead-6
based paint activities. 7
(a) The director may, after notice and opportunity for hearing, suspend, revoke, or modify an 8
individual's certification if an individual has: 9
(i) Obtained training documentation through fraudulent means; 10
(ii) Gained admission to and completed an accredited training program through 11
misrepresentation of admission requirements; 12
(iii) Obtained certification through misrepresentation of certification requirements or related 13
documents dealing with education, training, professional registration, or experience; 14
(iv) Performed work requiring certification at a job site without having proof of certification; 15
(v) Permitted the duplication or use of the individual's own certificate by another; 16
(vi) Performed work for which certification is required, but for which appropriate certification 17
has not been received; 18
(vii) Failed to comply with the appropriate work practice standards for lead-based paint 19
activities at R307-842-3; or 20
(viii) Failed to comply with federal, state, or local lead-based paint statutes or regulations. 21
(b) In addition to an administrative or judicial finding of violation, for purposes of this section 22
only, execution of a consent agreement in settlement of an enforcement action constitutes evidence 23
of a failure to comply with relevant statutes or regulations. 24
(7) Suspension, revocation, and modification of certifications of firms engaged in lead-based 25
paint activities. 26
(a) The director may, after notice and opportunity for hearing, suspend, revoke, or modify a 27
firm's certification if a firm has: 28
(i) Performed work requiring certification at a job site with individuals who are not certified; 29
(ii) Failed to comply with the work practice standards established in R307-842-3; 30
(iii) Misrepresented facts in its letter of application for certification to the director; 31
(iv) Failed to maintain required records; or 32
(v) Failed to comply with federal, state, or local lead-based paint statutes or regulations. 33
(b) In addition to an administrative or judicial finding of violation, for purposes of this section 34
only, execution of a consent agreement in settlement of an enforcement action constitutes evidence 35
of a failure to comply with relevant statutes or regulations. 36
37
R307-842-3. Work Practice Standards for Conducting Lead-Based Paint Activities: Target 38
Housing and Child-Occupied Facilities. 39
(1) Effective date, applicability, and terms. 40
(a) All lead-based paint activities shall be performed pursuant to the work practice standards 41
contained in this section. 42
(b) When performing any lead-based paint activity described by the certified individual as an 43
inspection, lead-hazard screen, risk assessment, or abatement, a certified individual must perform that 44
activity in compliance with the appropriate requirements below. 45
(c) Documented methodologies that are appropriate for this section are found in the 46
following: the HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in 47
Housing, the EPA Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust, and Lead-48
Page 15 of 25
Contaminated Soil, the EPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling 1
(EPA report number 7474-R-95-001), and other equivalent methods and guidelines. 2
(d) Clearance levels are appropriate for the purposes of this section may be found in the EPA 3
Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust, and Lead Contaminated Soil 4
or other equivalent guidelines. 5
(2) Inspection. 6
(a) An inspection shall be conducted only by a person certified by the director as an inspector 7
or risk assessor and, if conducted, must be conducted according to the procedures in this paragraph. 8
(b) When conducting an inspection, the following locations shall be selected according to 9
documented methodologies and tested for the presence of lead-based paint: 10
(i) In a residential dwelling and child-occupied facility, each component with a distinct 11
painting history and each exterior component with a distinct painting history shall be tested for lead-12
based paint, except those components that the inspector or risk assessor determines to have been 13
replaced after 1978, or to not contain lead-based paint; and 14
(ii) In a multi-family dwelling or child-occupied facility, each component with a distinct 15
painting history in every common area, except those components that the inspector or risk assessor 16
determines to have been replaced after 1978, or to not contain lead-based paint. 17
(c) Paint shall be sampled in the following manner: 18
(i) The analysis of paint to determine the presence of lead shall be conducted using 19
documented methodologies which incorporate adequate quality control procedures; and/or 20
(ii) All collected paint chip samples shall be analyzed according to paragraph (6) of this 21
section to determine if they contain detectable levels of lead that can be quantified numerically. 22
(d) The certified inspector or risk assessor shall prepare an inspection report which shall 23
include the following information: 24
(i) Date of each inspection; 25
(ii) Address of building; 26
(iii) Date of construction; 27
(iv) Apartment numbers (if applicable); 28
(v) Name, address, and telephone number of the owner or owners of each residential dwelling 29
or child-occupied facility; 30
(vi) Name, signature, and certification number of each certified inspector and/or risk assessor 31
conducting testing; 32
(vii) Name, address, and telephone number of the certified firm employing each inspector 33
and/or risk assessor, if applicable; 34
(viii) Each testing method and device and/or sampling procedure employed for paint analysis, 35
including quality control data and, if used, the serial number of any x-ray fluorescence (XRF) device; 36
(ix) Specific locations of each painted component tested for the presence of lead-based paint; 37
and 38
(x) The results of the inspection expressed in terms appropriate to the sampling method used. 39
(3) Lead hazard screen. 40
(a) A lead hazard screen shall be conducted only by a person certified by the director as a risk 41
assessor. 42
(b) If conducted, a lead hazard screen shall be conducted as follows: 43
(i) Background information regarding the physical characteristics of the residential dwelling 44
or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to one 45
or more children age 6 years and under shall be collected; 46
(ii) A visual inspection of the residential dwelling or child-occupied facility shall be 47
conducted to: 48
(A) Determine if any deteriorated paint is present; and 49
Page 16 of 25
(B) Locate at least two dust sampling locations; 1
(iii) If deteriorated paint is present, each surface with deteriorated paint, which is determined, 2
using documented methodologies, to be in poor condition and to have a distinct painting history, shall 3
be tested for the presence of lead; 4
(iv) In residential dwellings, two composite dust samples shall be collected, one from the 5
floors and the other from the windows, in rooms, hallways, or stairwells where one or more children, 6
age 6 and under, are most likely to come in contact with dust; and 7
(v) In multi-family dwellings and child-occupied facilities, in addition to the floor and 8
window samples required in paragraph (3)(b)(iv) of this section, the risk assessor shall also collect 9
composite dust samples from common areas where one or more children, age 6 and under, are most 10
likely to come into contact with dust. 11
(c) Dust samples shall be collected and analyzed in the following manner: 12
(i) All dust samples shall be taken using documented methodologies that incorporate adequate 13
quality control procedures; and 14
(ii) All collected dust samples shall be analyzed according to paragraph (6) of this section to 15
determine if they contain detectable levels of lead that can be quantified numerically. 16
(d) Paint shall be sampled in the following manner: 17
(i) The analysis of paint to determine the presence of lead shall be conducted using 18
documented methodologies which incorporate adequate quality control procedures; and/or 19
(ii) All collected paint chip samples shall be analyzed according to paragraph (6) of this 20
section to determine if they contain detectable levels of lead that can be quantified numerically. 21
(e) The risk assessor shall prepare a lead hazard screen report, which shall include the 22
following information: 23
(i) The information required in a risk assessment report as specified in paragraph (4) of this 24
section, including paragraphs (4)(k)(i) through (4)(k)(xiv), and excluding paragraphs (4)(k)(xv) 25
through (4)(k)(xviii) of this section. Additionally, any background information collected pursuant to 26
paragraph (3)(b)(i) of this section shall be included in the lead hazard screen report; and 27
(ii) Recommendations, if warranted, for a follow-up risk assessment, and as appropriate, any 28
further actions. 29
(4) Risk assessment. 30
(a) A risk assessment shall be conducted only by a person certified by the director as a risk 31
assessor and, if conducted, must be conducted according to the procedures in this paragraph. 32
(b) A visual inspection for risk assessment of the residential dwelling or child-occupied 33
facility shall be undertaken to locate the existence of deteriorated paint, assess the extent and causes 34
of the deterioration, and other potential lead-based paint hazards. 35
(c) Background information regarding the physical characteristics of the residential dwelling 36
or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to one 37
or more children age 6 years and under shall be collected. 38
(d) The following surfaces which are determined, using documented methodologies, to have 39
a distinct painting history, shall be tested for the presence of lead: 40
(i) Each friction surface or impact surface with visibly deteriorated paint; and 41
(ii) All other surfaces with visibly deteriorated paint. 42
(e) In residential dwellings, dust samples (either composite or single-surface samples) from 43
the interior window sill(s) and floor shall be collected and analyzed for lead concentration in all living 44
areas where one or more children, age 6 and under, are most likely to come into contact with dust. 45
(f) For multi-family dwellings and child-occupied facilities, the samples required in 46
paragraph (4)(d) of this section shall be taken. In addition, interior window sill and floor dust samples 47
(either composite or single-surface samples) shall be collected and analyzed for lead concentration in 48
the following locations: 49
Page 17 of 25
(i) Common areas adjacent to the sampled residential dwelling or child-occupied facility; and 1
(ii) Other common areas in the building where the risk assessor determines that one or more 2
children, age 6 and under, are likely to come into contact with dust. 3
(g) For child-occupied facilities, interior window sill and floor dust samples (either composite 4
or single-surface samples) shall be collected and analyzed for lead concentration in each room, 5
hallway, or stairwell utilized by one or more children, age 6 and under, and in other common areas in 6
the child-occupied facility where one or more children, age 6 and under, are likely to come into contact 7
with dust. 8
(h) Soil samples shall be collected and analyzed for lead concentrations in the following 9
locations: 10
(i) Exterior play areas where bare soil is present; 11
(ii) The rest of the yard (i.e., non-play areas) where bare soil is present; and 12
(iii) Dripline/foundation areas where bare soil is present. 13
(i) Any paint, dust, or soil sampling or testing shall be conducted using documented 14
methodologies that incorporate adequate quality control procedures. 15
(j) Any collected paint chip, dust, or soil samples shall be analyzed according to paragraph 16
(6) of this section to determine if they contain detectable levels of lead that can be quantified 17
numerically. 18
(k) The certified risk assessor shall prepare a risk assessment report which shall include the 19
following information: 20
(i) Date of assessment; 21
(ii) Address of each building; 22
(iii) Date of construction of buildings; 23
(iv) Apartment number (if applicable); 24
(v) Name, address, and telephone number of each owner of each building; 25
(vi) Name, signature, and certification number of the certified risk assessor conducting the 26
assessment; 27
(vii) Name, address, and telephone number of the certified firm employing each certified risk 28
assessor if applicable; 29
(viii) Name, address, and telephone number of each recognized laboratory conducting 30
analysis of collected samples; 31
(ix) Results of the visual inspection; 32
(x) Testing method and sampling procedure for paint analysis employed; 33
(xi) Specific locations of each painted component tested for the presence of lead; 34
(xii) All data collected from on-site testing, including quality control data and, if used, the 35
serial number of any XRF device. 36
(xiii) All results of laboratory analysis on collected paint, soil, and dust samples; 37
(xiv) Any other sampling results; 38
(xv) Any background information collected pursuant to paragraph (4)(c) of this section; 39
(xvi) To the extent that they are used as part of the lead-based paint hazard determination, the 40
results of any previous inspections or analyses for the presence of lead-based paint, or other 41
assessments of lead-based paint-related hazards; 42
(xvii) A description of the location, type, and severity of identified lead-based paint hazards 43
and any other potential lead hazards; and 44
(xviii) A description of interim controls and/or abatement options for each identified lead-45
based paint hazard and a suggested prioritization for addressing each hazard. If the use of an 46
encapsulant or enclosure is recommended, the report shall recommend a maintenance and monitoring 47
schedule for the encapsulant or enclosure. 48
(5) Abatement. 49
Page 18 of 25
(a) An abatement shall be conducted only by an individual certified by the director, and if 1
conducted, shall be conducted according to the procedures in this paragraph. 2
(b) A certified supervisor is required for each abatement project and shall be onsite during all 3
work site preparation and during the post-abatement cleanup of work areas. At all other times when 4
abatement activities are being conducted, the certified supervisor shall be onsite or available by 5
telephone, pager or answering service, and able to be present at the work site in no more than 2 hours. 6
(c) The certified supervisor and the certified firm employing that supervisor shall ensure that 7
all abatement activities are conducted according to the requirements of this section and all other 8
federal, state, and local requirements. 9
(d) A certified firm must notify the director of lead-based paint abatement activities as 10
follows: 11
(i) Except as provided in paragraph (5)(d)(ii) of this section, the director must be notified 12
prior to conducting lead-based paint abatement activities. The original notification must be received 13
by the director at least 5 business days before the start date of any lead-based paint abatement 14
activities; 15
(ii) Notification for lead-based paint abatement activities required in response to an elevated 16
blood lead level (EBL) determination, or federal, state, tribal, or local emergency abatement order 17
should be received by the director as early as possible before, but must be received no later than the 18
start date of the lead-based paint abatement activities. Should the start date and/or location provided 19
to the director change, an updated notification must be received by the director on or before the start 20
date provided to the director. Documentation showing evidence of an EBL determination or a copy 21
of the federal/state/tribal/local emergency abatement order must be included in the written notification 22
to take advantage of this abbreviated notification period; 23
(iii) Except as provided in paragraph (5)(d)(ii) of this section, updated notification must be 24
provided to the director for lead-based paint abatement activities that will begin on a date other than 25
the start date specified in the original notification, as follows: 26
(A) For lead-based paint abatement activities beginning prior to the start date provided to the 27
director an updated notification must be received by the director at least 5 business days before the 28
new start date included in the notification; and 29
(B) For lead-based paint abatement activities beginning after the start date provided to the 30
director an updated notification must be received by the director on or before the start date provided 31
to the director; 32
(iv) Except as provided in paragraph (5)(d)(ii) of this section, updated notification must be 33
provided to the director for any change in location of lead-based paint abatement activities at least 5 34
business days prior to the start date provided to the director; 35
(v) Updated notification must be provided to the director when lead-based paint abatement 36
activities are canceled, or when there are other significant changes including, but not limited to, when 37
the square footage or acreage to be abated changes by more than 20%. This updated notification must 38
be received by the director on or before the start date provided to the director, or if work has already 39
begun, within 24 hours of the change; 40
(vi) The following must be included in each notification: 41
(A) Notification type (original, updated, or cancellation); 42
(B) Date when lead-based paint abatement activities will start; 43
(C) Date when lead-based paint abatement activities will end (approximation using best 44
professional judgment); 45
(D) Firm's name, Utah lead-based paint firm certification number, address, and telephone 46
number; 47
(E) Type of building (e.g., single family dwelling, multi-family dwelling, and/or child-48
occupied facilities) on/in which abatement work will be performed; 49
Page 19 of 25
(F) Property name (if applicable); 1
(G) Property address including apartment or unit number(s) (if applicable) for abatement 2
work; 3
(H) Documentation showing evidence of an EBL determination or a copy of the 4
federal/state/tribal/local emergency abatement order, if using the abbreviated time period as described 5
in paragraph (5)(d)(ii) of this section; 6
(I) Name and Utah lead-based paint individual certification number of the project supervisor; 7
(J) Approximate square footage/acreage to be abated; 8
(K) Brief description of abatement activities to be performed; and 9
(L) Name, title, and signature of the representative of the certified firm who prepared the 10
notification; 11
(vii) Notification must be accomplished using any of the following methods: Written 12
notification, or electronically using the Utah Division of Air Quality electronic notification system. 13
Written notification can be accomplished using either the sample form titled "Lead-Based Paint 14
Abatement Project Notification" or similar form containing the information required in paragraph 15
(5)(d)(vi) of this section. All written notifications must be delivered by United States Postal Service, 16
fax, commercial delivery service, hand delivery, or by email on or before the applicable date. 17
Instructions and sample forms can be obtained from the Utah Division of Air Quality Lead-Based 18
Paint Program web site; 19
(viii) Lead-based paint abatement activities shall not begin on a date, or at a location other 20
than that specified in either an original or updated notification, in the event of changes to the original 21
notification; and 22
(ix) No firm or individual shall engage in lead-based paint abatement activities, as defined in 23
R307-840-2, prior to notifying the director of such activities according to the requirements of this 24
paragraph. 25
(e) A written occupant protection plan shall be developed for all abatement projects and shall 26
be prepared according to the following procedures: 27
(i) The occupant protection plan shall be unique to each residential dwelling or child-occupied 28
facility and be developed prior to the abatement. The occupant protection plan shall describe the 29
measures and management procedures that will be taken during the abatement to protect the building 30
occupants from exposure to any lead-based paint hazards; and 31
(ii) A certified supervisor or project designer shall prepare the occupant protection plan. 32
(f) Containing the work area. Before beginning the abatement activity, the firm must 33
isolate the work area so that no dust or debris leaves the work area while the abatement is being 34
performed. In addition, the firm must maintain the integrity of the containment by ensuring that 35
any plastic or other impermeable materials are not torn or displaced, and taking any other steps 36
necessary to ensure that no dust or debris leaves the work area while the abatement is being 37
performed. The firm must also ensure that containment is installed in such a manner that it does 38
not interfere with occupant and worker egress in an emergency. 39
(i) Interior abatement. The firm must: 40
(A) Remove all objects from the work area, including furniture, rugs, and window 41
coverings, or cover them with plastic sheeting or other impermeable material with all seams and 42
edges taped or otherwise sealed; 43
(B) Close and cover all duct openings in the work area with taped-down plastic sheeting 44
or other impermeable material; 45
(C) Close windows and doors in the work area. Doors must be covered with plastic 46
sheeting or other impermeable material and sealed with duct tape or equivalent. Doors used as an 47
entrance to the work area must be covered with plastic sheeting or other impermeable material in 48
a manner that allows workers to pass through while confining dust and debris to the work area; 49
Page 20 of 25
(D) Cover the floor surface, including installed carpet, with taped-down plastic sheeting 1
or other impermeable material in the work area 6 feet beyond the perimeter of surfaces undergoing 2
abatement or a sufficient distance to contain the dust, whichever is greater. Floor containment 3
measures may stop at the edge of the vertical barrier when using a vertical containment system 4
consisting of impermeable barriers that extend from the floor to the ceiling and are tightly sealed 5
at joints with the floor, ceiling, and walls; and 6
(E) Use precautions to ensure that all personnel, tools, and other items, including the 7
exterior of containers of waste, are free of dust and debris before leaving the work area. 8
(ii) Exterior abatement. The firm must: 9
(A) Close all doors and windows within 20 feet of the abatement. On multi-story 10
buildings, close all doors and windows within 20 feet of the abatement on the same floor as the 11
abatement, and close all doors and windows on all floors below that are the same horizontal 12
distance from the abatement; 13
(B) Ensure that doors within the work area that will be used while the job is being 14
performed are covered with plastic sheeting or other impermeable material in a manner that allows 15
workers to pass through while confining dust and debris to the work area; 16
(C) Cover the ground with plastic sheeting or other disposable impermeable material 17
extending 10 feet beyond the perimeter of surfaces undergoing abatement or a sufficient distance 18
to collect falling paint debris, whichever is greater, unless the property line prevents 10 feet of 19
such ground covering. Ground containment measures may stop at the edge of the vertical barrier 20
when using a vertical containment system; and 21
(D) If the abatement will affect surfaces within 10 feet of the property line, the lead-based 22
paint firm must erect vertical containment or equivalent precautions in containing the work area 23
to ensure that dust and debris from the abatement does not contaminate adjacent buildings or 24
migrate to adjacent properties. Vertical containment or equivalent extra precautions in containing 25
the work area may also be necessary in other situations in order to prevent contamination of other 26
buildings, other areas of the property, or adjacent buildings or properties. 27
(g) The work practices listed below shall be restricted during an abatement as follows: 28
(i) Open-flame burning or torching of lead-based paint is prohibited; 29
(ii) Machine sanding or grinding or abrasive blasting or sandblasting of lead-based paint is 30
prohibited unless used with High Efficiency Particulate Air (HEPA) exhaust control which removes 31
particles of 0.3 microns or larger from the air at 99.97% or greater efficiency; 32
(iii) Dry scraping of lead-based paint is permitted only in conjunction with heat guns or 33
around electrical outlets or when treating defective paint spots totaling no more than 2 square feet in 34
any one room, hallway, or stairwell or totaling no more than 20 square feet on exterior surfaces; and 35
(iv) Operating a heat gun on lead-based paint is permitted only at temperatures below 1100 36
degrees Fahrenheit. 37
(h) Waste from abatement. 38
(i) Waste from the abatement activity must be contained to prevent releases of dust and debris 39
before the waste is removed from the work area for storage or disposal. If a chute is used to remove 40
waste from the work area, it must be covered. 41
(ii) At the conclusion of each work day and at the conclusion of the abatement, waste that has 42
been collected from the abatement must be stored under containment, in an enclosure, or behind a 43
barrier that prevents release of dust and debris out of the work area and prevents access to dust and 44
debris. 45
(iii) When the firm transports waste from the abatement, the firm must contain the waste to 46
prevent release of dust and debris. 47
(i) If conducted, soil abatement shall be conducted in one of the following ways: 48
(i) If the soil is removed: 49
Page 21 of 25
(A) The soil shall be replaced by soil with a lead concentration as close to local background 1
as practicable, but no greater than 400 ppm; and 2
(B) The soil that is removed shall not be used as top soil at another residential property or 3
child-occupied facility; or 4
(ii) If soil is not removed, the soil shall be permanently covered, as defined in R307-840-2. 5
(j) The following post-abatement clearance procedures shall be performed only by a certified 6
inspector or risk assessor: 7
(i) Following an abatement, a visual inspection shall be performed to determine if deteriorated 8
painted surfaces and/or visible amounts of dust, debris, or residue are still present. If deteriorated 9
painted surfaces or visible amounts of dust, debris, or residue are present, these conditions must be 10
eliminated prior to the continuation of the clearance procedures; 11
(ii) Following the visual inspection and any post-abatement cleanup required by paragraph 12
(5)(h)(i) of this section, clearance sampling for lead in dust shall be conducted. Clearance sampling 13
may be conducted by employing single-surface sampling or composite sampling techniques; 14
(iii) Dust samples for clearance purposes shall be taken using documented methodologies 15
that incorporate adequate quality control procedures; 16
(iv) Dust samples for clearance purposes shall be taken a minimum of 1 hour after completion 17
of final post-abatement cleanup activities; 18
(v) The following post-abatement clearance activities shall be conducted as appropriate based 19
upon the extent or manner of abatement activities conducted in or to the residential dwelling or child-20
occupied facility: 21
(A) After conducting an abatement with containment between abated and unabated areas, 22
one dust sample shall be taken from one interior window sill and from one window trough (if present) 23
and one dust sample shall be taken from the floors of each of no less than four rooms, hallways, or 24
stairwells within the containment area. In addition, one dust sample shall be taken from the floor 25
outside the containment area. If there are less than four rooms, hallways, or stairwells within the 26
containment area, then all rooms, hallways, or stairwells shall be sampled; 27
(B) After conducting an abatement with no containment, two dust samples shall be taken 28
from each of no less than four rooms, hallways, or stairwells in the residential dwelling or child-29
occupied facility. One dust sample shall be taken from one interior window sill and window trough 30
(if present) and one dust sample shall be taken from the floor of each room, hallway, or stairwell 31
selected. If there are less than four rooms, hallways, or stairwells within the residential dwelling or 32
child-occupied facility, then all rooms, hallways, or stairwells shall be sampled; and 33
(C) Following an exterior paint abatement, a visible inspection shall be conducted. All 34
horizontal surfaces in the outdoor living area closest to the abated surface shall be found to be cleaned 35
of visible dust and debris. In addition, a visual inspection shall be conducted to determine the presence 36
of paint chips on the dripline or next to the foundation below any exterior surface abated. If paint 37
chips are present, they must be removed from the site and properly disposed of, according to all 38
applicable federal, state, and local requirements; 39
(vi) The rooms, hallways, or stairwells selected for sampling shall be selected according to 40
documented methodologies; 41
(vii) The certified inspector or risk assessor shall compare the residual lead level (as 42
determined by the laboratory analysis) from each single surface dust sample with clearance levels in 43
paragraph (5)(h)(viii) of this section for lead in dust on floors, interior window sills, and window 44
troughs or from each composite dust sample with the applicable clearance levels for lead in dust on 45
floors, interior window sills, and window troughs divided by half the number of subsamples in the 46
composite sample. If the residual lead level in a single surface dust sample equals or exceeds the 47
applicable clearance level or if the residual lead level in a composite dust sample equals or exceeds 48
Page 22 of 25
the applicable clearance level divided by half the number of subsamples in the composite sample, the 1
components represented by the failed sample shall be recleaned and retested; and 2
(viii) The clearance levels for lead in dust are 10 ug/ft2 for floors, 100 ug/ft2 for interior 3
window sills, and 400 ug/ft2 for window troughs. 4
(ix) Occupants of the home shall not be allowed into the abatement work area until clearance 5
dust sample results are received by the inspector or risk assessor and are found to be acceptable 6
according to dust-lead clearance level standards. 7
(k) In a multi-family dwelling with similarly constructed and maintained residential 8
dwellings, random sampling for the purposes of clearance may be conducted provided: 9
(i) The certified individuals who abate or clean the residential dwellings do not know which 10
residential dwelling will be selected for the random sample; 11
(ii) A sufficient number of residential dwellings are selected for dust sampling to provide a 12
95% level of confidence that no more than 5% or 50 of the residential dwellings (whichever is smaller) 13
in the randomly sampled population exceed the appropriate clearance levels; and 14
(iii) The randomly selected residential dwellings shall be sampled and evaluated for clearance 15
according to the procedures found in paragraph (5)(h) of this section. 16
(l) An abatement report shall be prepared by a certified supervisor or project designer no later 17
than 30 business days after receiving the results of final clearance testing and all soil analyses (if 18
applicable). The abatement report shall include the following information: 19
(i) Start and completion dates of abatement; 20
(ii) The name and address of each certified firm conducting the abatement and the name of 21
each supervisor assigned to the abatement project; 22
(iii) The occupant protection plan prepared pursuant to paragraph (5)(e) of this section; 23
(iv) The name, address, and signature of each certified risk assessor or inspector conducting 24
clearance sampling and the date of clearance testing; 25
(v) The results of clearance testing and all soil analyses (if applicable) and the name of each 26
recognized laboratory that conducted the analyses; and 27
(vi) A detailed written description of the abatement, including abatement methods used, 28
locations of rooms and/or components where abatement occurred, reason for selecting particular 29
abatement methods for each component, and any suggested monitoring of encapsulants or enclosures. 30
(6) Collection and laboratory analysis of samples. Any paint chip, dust, or soil samples 31
collected pursuant to the work practice standards contained in this section shall be: 32
(a) Collected by persons certified by the director as an inspector or risk assessor; and 33
(b) Analyzed by a laboratory recognized by EPA pursuant to Section 405(b) of TSCA as 34
being capable of performing analyses for lead compounds in paint chip, dust, and soil samples. 35
(7) Composite dust sampling. Composite dust sampling may only be conducted in the 36
situations specified in paragraphs (3) through (5) of this section. If such sampling is conducted, the 37
following conditions shall apply: 38
(a) Composite dust samples shall consist of at least two subsamples; 39
(b) Every component that is being tested shall be included in the sampling; and 40
(c) Composite dust samples shall not consist of subsamples from more than one type of 41
component. 42
(8) Determinations. 43
(a) Lead-based paint is present: 44
(i) On any surface that is tested and found to contain lead equal to or in excess of 1.0 45
milligrams per square centimeter or equal to or in excess of 0.5% by weight; and 46
(ii) On any surface like a surface tested in the same room equivalent that has a similar painting 47
history and that is found to be lead-based paint. 48
(b) A paint-lead hazard is present: 49
Page 23 of 25
(i) On any friction surface that is subject to abrasion and where the lead dust levels on the 1
nearest horizontal surface underneath the friction surface (e.g., the window sill or floor) are equal to 2
or greater than the dust hazard levels identified in the definition of "Dust-lead hazard" in R307-840-3
2; 4
(ii) On any chewable lead-based paint surface on which there is evidence of teeth marks; 5
(iii) Where there is any damaged or otherwise deteriorated lead-based paint on an impact 6
surface that is caused by impact from a related building component (such as a door knob that knocks 7
into a wall or a door that knocks against its door frame); and 8
(iv) If there is any other deteriorated lead-based paint in any residential building or child-9
occupied facility or on the exterior of any residential building or child-occupied facility. 10
(c) A dust-lead hazard is present in a residential dwelling or child-occupied facility: 11
(i) In a residential dwelling on floors and interior window sills when the weighted arithmetic 12
mean lead loading for all single surface or composite samples of floors and interior window sills are 13
equal to or greater than 10 ug/ft2 for floors and 100 ug/ft2 for interior window sills, respectively; 14
(ii) On floors or interior window sills in an unsampled residential dwelling in a multi-family 15
dwelling, if a dust-lead hazard is present on floors or interior window sills, respectively, in at least 16
one sampled residential unit on the property; and 17
(iii) On floors or interior window sills in an unsampled common area in a multi-family 18
dwelling, if a dust-lead hazard is present on floors or interior window sills, respectively, in at least 19
one sampled common area in the same common area group on the property. 20
(d) A soil-lead hazard is present: 21
(i) In a play area when the soil-lead concentration from a composite play area sample of bare 22
soil is equal to or greater than 400 parts per million; or 23
(ii) In the rest of the yard when the arithmetic mean lead concentration from a composite 24
sample (or arithmetic mean of composite samples) of bare soil from the rest of the yard (i.e., non-play 25
areas) for each residential building on a property is equal to or greater than 1,200 parts per million. 26
(9) Recordkeeping. All reports or plans required in this section shall be maintained by the 27
certified firm or individual who prepared the report for no fewer than 3 years. The certified firm or 28
individual also shall provide copies of these reports to the building owner who contracted for its 29
services. 30
31
R307-842-4. Lead-Based Paint Activities Requirements. 32
Lead-based paint activities, as defined in R307-840-2, shall only be conducted according to 33
the procedures and work practice standards contained in R307-842-3 of this rule. No individual or 34
firm may offer to perform or perform any lead-based paint activity as defined in R307-840-2, unless 35
certified to perform that activity according to the procedures in R307-842-2. 36
37
R307-842-5. Work Practice Requirements for Lead-Based Paint Hazards. 38
Applicable certification, occupant protection, and clearance requirements and work practice 39
standards are found in R307-842 and in regulations issued by HUD at 24 CFR Part 35, Subpart R. 40
The work practice standards in those regulations do not apply when treating paint-lead hazards of less 41
than: 42
(a) Two square feet of deteriorated lead-based paint per room or equivalent, 43
(b) Twenty square feet of deteriorated paint on the exterior building, or 44
(c) Ten percent of the total surface area of deteriorated paint on an interior or exterior type of 45
component with a small surface area. 46
47
KEY: paint, lead-based paint, lead-based paint abatement 48
Date of Last Change: September 1, 2021 49
Page 24 of 25
Notice of Continuation: December 9, 2019 1
Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(i) 2
Page 25 of 25

ITEM 6
Air Toxics

195 North 1950 West • Salt Lake City, Utah
Mailing Address: P.O. Box 144820 • Salt Lake City, Utah 84114-4820
Telephone [phone] • Fax [phone] • T.D.D [phone]
www.deq.utah.gov
Printed on 100% recycled paper
State of Utah

SPENCER J. COX
Governor

DEIDRE HENDERSON
Lieutenant Governor
Department of
Environmental Quality

Kimberly D. Shelley
Executive Director

DIVISION OF AIR QUALITY
Bryce C. Bird
Director

DAQA-592-24

M E M O R A N D U M

TO: Air Quality Board

FROM: Bryce C. Bird, Executive Secretary

DATE: September 9, 2024

SUBJECT: Air Toxics, Lead-Based Paint, and Asbestos (ATLAS) Section Compliance Activities –
August 2024
______________________________________________________________________________________

Asbestos Demolition/Renovation NESHAP Inspections 17
Asbestos AHERA Inspections 17
Asbestos State Rules Only Inspections 5
Asbestos Notification Forms Accepted **
Asbestos Telephone Calls 349
Asbestos Individuals Certifications Approved 76
Asbestos Company Certifications 6
Asbestos Alternate Work Practices Approved 2
Lead-Based Paint (LBP) Inspections 11
LBP Notification Forms Approved 1
LBP Telephone Calls 57
LBP Letters Prepared and Mailed 3
LBP Courses Reviewed/Approved 0
LBP Course Audits 0
LBP Individual Certifications Approved 10
DAQA-592-24
Page 2

LBP Firm Certifications 17
Notices of Violation Sent 0
Compliance Advisories Sent 11
Warning Letters Sent 5
Settlement Agreements Finalized 0

**ATLAS is currently not working properly, so unable to get accurate numbers. The problem is being
worked on, but the information is unavailable at this time. Will update once we can get the correct
numbers.
Compliance

195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144820 • Salt Lake City, UT 84114-4820
Telephone [phone] • Fax [phone] • T.D.D. [phone]
www.deq.utah.gov
Printed on 100% recycled paper
State of Utah

Department of
Environmental Quality

Kimberly D. Shelley
Executive Director

DIVISION OF AIR QUALITY
Bryce C. Bird
Director

SPENCER J. COX
Governor

DEIDRE HENDERSON
Lieutenant Governor
DAQC-901-24

M E M O R A N D U M

TO: Air Quality Board

FROM: Bryce C. Bird, Executive Secretary

DATE: September 5, 2024

SUBJECT: Compliance Activities – August 2024
_____________________________________________________________________________________

ACTIVITIES:
Activity Monthly Total 36-Month Average
Inspections 67 60
On-Site Stack Test & CEM Audits 6 5
Stack Test & RATA Report Reviews 27 37
Emission Report Reviews 65 18
Temporary Relocation Request Reviews 7 6
Fugitive Dust Control Plan Reviews 120 125
Soil Remediation Report Reviews 1 2
Open Burn Permits Issued 0 585
Miscellaneous Inspections1 33 15
Complaints Received 32 18
Wood Burning Complaints Received 0 3
Breakdown Reports Received 1 1
Compliance Actions Resulting from a Breakdown 0 0
VOC Inspections (Gas station vapor recovery) 0 0
Warning Letters Issued 2 2
Notices of Violation Issued 1 0
Compliance Advisories Issued 15 5
No Further Action Letters Issued 3 3
Settlement Agreements Reached 1 2
Penalties Assessed $471 $121,325.15
1Miscellaneous inspections include, e.g., surveillance, complaint, on-site training, dust patrol, smoke patrol, open
burning, etc.
DAQC-901-24
Page 2

SETTLEMENT AGREEMENTS:
Party Amount
White Flame $471

UNRESOLVED NOTICES OF VIOLATION:
Party Date Issued
Citation Oil and Gas (in administrative litigation) 01/15/2020
Ovintiv Production Inc. 07/14/2020
Uinta Wax Operating (formerly CH4 Finley) 07/24/2020
Finley Resources 09/15/2022
Holcim 12/19/2023
Holcim 03/27/2024
Big West Oil 07/19/2024
Intermountain Regional Landfill 07/31/2024
Holcim 08/02/2024

Air Monitoring
Utah Division of Air Quality
0
10
20
30
40
50
60
70
80
90
100
12345678910111213141516171819202122232425262728293031
PM
2.
5
(µ
g
/
m
3)
Days
Utah 24-Hr PM2.5 Data July 2024
Brigham City Bountiful Copperview Erda
Harrisville Hawthorne Lindon Near road
Rose Park Roosevelt Spanish Fork Smithfield
Environmental Quality Vernal 24-hr Exceedence Value is 35 µg/m3
Exceedence Value is 35 µg/m3
*Environmental Quality (EQ) previously named Technical Support Center (TSC)
*
Utah Division of Air Quality
0
10
20
30
40
50
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1 2 3 4 5 6 7 8 9 10111213141516171819202122232425262728293031
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m
3)
Days
Utah 24-Hr PM2.5 Data August 2024
Brigham City Bountiful Copperview Erda
Harrisville Hawthorne Lindon Near road
Rose Park Roosevelt Spanish Fork Smithfield
Environmental Quality Vernal 24-hr Exceedence Value is 35 µg/m3
Exceedence Value is 35 µg/m3
*Environmental Quality (EQ) previously named Technical Support Center (TSC)
*
Utah Division of Air Quality
0
10
20
30
40
50
60
70
80
90
100
12345678910111213141516171819202122232425262728293031
PM
2.5
(µ
g
/
m
3)
Days
Utah 24-Hr PM2.5 Data September 2024
Brigham City Bountiful Copperview Erda
Harrisville Hawthorne Lindon Near road
Rose Park Roosevelt Spanish Fork Smithfield
Environmental Quality Vernal 24-hr Exceedence Value is 35 µg/m3
Exceedence Value is 35 µg/m3
*Environmental Quality (EQ) previously named Technical Support Center (TSC)
*
Utah Division of Air Quality
0
50
100
150
200
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300
350
400
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
PM
10
(µ
g
/
m
3)
Days
Utah 24-hr PM10 Data July 2024
Harrisville Hawthorne Herriman #3 Lindon Roosevelt Environmental Quality 24-hr Exceedance Value is 150 ug/m3
Exceedance Value is 150 ug/m3
*
*Environmental Quality (EQ) previously named Technical Support Center (TSC)
Utah Division of Air Quality
0
50
100
150
200
250
300
350
400
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
PM
10
(µ
g
/
m
3)
Days
Utah 24-hr PM10 Data August 2024
Harrisville Hawthorne Herriman #3 Lindon Roosevelt Environmental Quality 24-hr Exceedance Value is 150 ug/m3
Exceedance Value is 150 ug/m3
*
*Environmental Quality (EQ) previously named Technical Support Center (TSC)
Utah Division of Air Quality
0
50
100
150
200
250
300
350
400
12345678910111213141516171819202122232425262728293031
PM
10
(µ
g
/
m
3)
Days
Utah 24-hr PM10 Data September 2024
Harrisville Hawthorne Herriman #3 Lindon Roosevelt Environmental Quality 24-hr Exceedance Value is 150 ug/m3
Exceedance Value is 150 ug/m3
*
*Environmental Quality (EQ) previously named Technical Support Center (TSC)
27.3
28.6 30.0 29.9
31.7
33.8
31.8
33.4
36.5
39.2
40.139.1 39.1
37.433.8 34.4
37.8
37.6
35.8
36.0 36.2 36.6 37.2
38.4
35.8
34.2
33.2 32.8
34.9
33.1
33.3
0.0
5.0
10.0
15.0
20.0
25.0
30.0
35.0
40.0
45.0
50.0
55.0
60.0
0
0.01
0.02
0.03
0.04
0.05
0.06
0.07
0.08
0.09
0.1
0.11
0.12
12345678910111213141516171819202122232425262728293031
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Highest 8-hr Ozone Concentration & Daily Maximum Temperature July 2024
Bountiful Copperview Erda Herriman #3 HV Hawthorne Near Road Red butte Rose Park Environmental Quality Exceed.TM*
*Environmental Quality (EQ) previously named Technical Support Center (TSC)
** Controlling Monitor
**
O3 Jul 2024 BV CV ED H3 HV HW NR RB RP EQ
Arith Mean .065 .067 .062 .059 .062 .063 .063 .066 .066 .064
8 -hr. Ozone 4th Max .074 .076 .071 .066 .070 .072 .073 .075 .077 .074
Days of Data 31 31 31 31 31 31 31 31 31 31
Days > 0.070 6114 0 375 12 10 7
29.7
27.6
29.4
29.7
29.4
31.4
30.7 29.1
32.8
34.1
36.3
34.5 34.5 33.5
30.7
30.4 31.1 31.1
32.3
31.8 30.8
30.4
32.7
34.0 32.2 32.5
30.1
32.3
32.7
32.3 33.0
0.0
5.0
10.0
15.0
20.0
25.0
30.0
35.0
40.0
45.0
50.0
55.0
60.0
0
0.02
0.04
0.06
0.08
0.1
0.12
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Highest 8-hr Ozone Concentration & Daily Maximum Temperature July 2024
Price #2 Roosevelt Vernal Exceed.TM
P2 RS V4
Arith Mean .060 .061 .060
8 -hr. Ozone 4th Max .068 .068 .065
Days of Data 31 31 31
Days > 0.070 122
26.4
25.4 27.2 27.2
29.3 29.7
29.7
31.9
34.0
36.1
31.3
36.8
35.9 34.0
31.4
33.5 33.8
34.6
33.2
34.6
33.8 33.1 35.0
36.4
31.4 30.2
27.3
29.5
31.0
29.3 30.1
-10.0
-5.0
0.0
5.0
10.0
15.0
20.0
25.0
30.0
35.0
40.0
45.0
50.0
55.0
60.0
0
0.01
0.02
0.03
0.04
0.05
0.06
0.07
0.08
0.09
0.1
0.11
0.12
12345678910111213141516171819202122232425262728293031
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Highest 8-hr Ozone Concentration & Daily Maximum Temperature July 2024
Smithfield Exceed.TM
SM
Arith Mean .061
8 -hr. Ozone 4th Max .068
Days of Data 26
Days > 0.070 1
27.3
27.428.8 28.1
30.6 31.1
29.5
32.2
34.5
37.3
38.2
37.9
37.5 35.8
32.6
33.0
35.2 34.4
33.8 35.1 34.8 34.4 35.0
36.7
32.5 32.0
32.3 32.4
32.6 32.7 32.9
0.0
5.0
10.0
15.0
20.0
25.0
30.0
35.0
40.0
45.0
50.0
55.0
60.0
0
0.01
0.02
0.03
0.04
0.05
0.06
0.07
0.08
0.09
0.1
1 2 3 4 5 6 7 8 9 10111213141516171819202122232425262728293031
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Days
Highest 8-hr Ozone Concentration & Daily Maximum Temperature July 2024
Lindon Spanish Fork Exceed.TM
LN SF
Arith Mean .065 .064
8 -hr. Ozone 4th Max .072 .072
Days of Data 31 31
Days > 0.070 55
37.3 39.2
39.3 39.6
40.8
42.5
40.3
41.9 42.2
42.7
41.2
38.9 38.8
37.8 38.5 39.3
39.5
37.7
39.939.7
36.6 39.0
38.0
38.7 38.1
36.9 35.9 36.2 36.7
37.7
0.0
5.0
10.0
15.0
20.0
25.0
30.0
35.0
40.0
45.0
50.0
55.0
60.0
65.0
0
0.01
0.02
0.03
0.04
0.05
0.06
0.07
0.08
0.09
0.1
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Days
Highest 8-hr Ozone Concentration & Daily Maximum Temperature July 2024
Enoch Hurricane Moab Exceed.TM
EN HC M7
Arith Mean .056 .058 .059
8 -hr. Ozone 4th Max .062 .062 .066
Days of Data 31 31 31
Days > 0.070 002
27.3 28.630.0 29.9
31.7
33.8
31.8
33.4
36.5 39.2 40.139.1 39.1 37.4
33.8 34.4
37.8
37.6
35.836.0
36.2
36.6 37.2
38.4
35.8
34.2 33.2 32.8
34.9 33.1 33.3
0.0
5.0
10.0
15.0
20.0
25.0
30.0
35.0
40.0
45.0
50.0
55.0
60.0
65.0
0
0.01
0.02
0.03
0.04
0.05
0.06
0.07
0.08
0.09
0.1
1 2 3 4 5 6 7 8 9 10111213141516171819202122232425262728293031
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Days
Highest 8-hr Ozone Concentration & Daily Maximum Temperature July 2024
Stations Monitoring the Inland Port Development
ZZ Lake Park Exceed.TM
*ZZ is located at the New Utah State Prison (1480 North 8000 West, SLC).
This site was previously named IP
*
ZZ LP
Arith Mean .063 .067
8 -hr. Ozone 4th Max .073 .078
Days of Data 31 31
Days > 0.070 612
26.4
25.427.2 27.2
29.3 29.7
29.7
31.9
34.0 36.1
31.3
36.8
35.9 34.0
31.4 33.5
33.8
34.6
33.2
34.6 33.8
33.1
35.0
36.4
31.4
30.2
27.3
29.5 31.0 29.330.1
0.0
5.0
10.0
15.0
20.0
25.0
30.0
35.0
40.0
45.0
50.0
55.0
60.0
65.0
0
0.01
0.02
0.03
0.04
0.05
0.06
0.07
0.08
0.09
0.1
12345678910111213141516171819202122232425262728293031
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Days
Highest 8-hr Ozone Concentration & Daily Maximum Temperature July 2024
Brigham city Exceed.TM
BG
Arith Mean .063
8 -hr. Ozone 4th Max .070
Days of Data 31
Days > 0.070 2
36.5
37.6
36.8 36.2
37.9
38.9
36.8 35.2 34.6 34.9
35.6
29.4
30.5 32.7
33.2
34.8
30.2
31.834.0 35.7
33.2 32.4 31.830.7
26.8 26.1
31.2 30.6
27.1
30.1 32.8
0.0
5.0
10.0
15.0
20.0
25.0
30.0
35.0
40.0
45.0
50.0
55.0
60.0
0.000
0.010
0.020
0.030
0.040
0.050
0.060
0.070
0.080
0.090
0.100
0.110
0.120
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
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Days
Highest 8-hr Ozone Concentration & Daily Maximum Temperature August 2024
Bountiful Copperview Erda Herriman #3 HV Hawthorne Near Road Red butte Rose Park Environmental Quality Exceed.TM
*
*Environmental Quality (EQ) previously named Technical Support Center (TSC)
** Controlling Monitor
**
34.5
36.0
35.3
31.5
30.7
32.9
32.1 29.8
29.4 30.3 29.1
27.2
22.3
26.0
29.1
32.2
28.1 27.0
28.4
31.7 30.6
25.1 25.1
27.9
22.1
26.1 27.8
30.2
29.6
28.8
30.3
0.0
5.0
10.0
15.0
20.0
25.0
30.0
35.0
40.0
45.0
50.0
55.0
60.0
0.000
0.020
0.040
0.060
0.080
0.100
0.120
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
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Days
Highest 8-hr Ozone Concentration & Daily Maximum Temperature August 2024
Price #2 Roosevelt Vernal Exceed.TM
33.4
35.6
33.8
33.1
35.2 34.9
33.1 31.4 31.3
32.6
31.2
26.1 27.5 27.7 30.6
31.3
29.1
31.1
30.9
32.5
30.5
30.3
29.228.2
25.4 23.8
27.7 26.5
25.0
28.9
30.4
-10.0
-5.0
0.0
5.0
10.0
15.0
20.0
25.0
30.0
35.0
40.0
45.0
50.0
55.0
60.0
0.000
0.010
0.020
0.030
0.040
0.050
0.060
0.070
0.080
0.090
0.100
0.110
0.120
1 2 3 4 5 6 7 8 9 10111213141516171819202122232425262728293031
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Days
Highest 8-hr Ozone Concentration & Daily Maximum Temperature August 2024
Smithfield Exceed.TM
35.8
36.9
36.1
34.6
36.2
37.3
35.0 33.2 33.0 32.8 32.4
27.9 28.7
28.7 31.5
32.7
30.0
31.132.3 33.9 33.3
30.2 30.029.3
26.6 25.2
30.2 31.1
27.3
29.7
32.0
0.0
5.0
10.0
15.0
20.0
25.0
30.0
35.0
40.0
45.0
50.0
55.0
60.0
0.000
0.010
0.020
0.030
0.040
0.050
0.060
0.070
0.080
0.090
0.100
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Days
Highest 8-hr Ozone Concentration & Daily Maximum Temperature August 2024
Lindon Spanish Fork Exceed.TM
35.9 37.438.9 39.1
40.2
37.4
35.7
37.3 37.8
34.4 34.9
35.3 35.7
35.4
37.0
32.7 32.2
35.9
37.936.4
26.6
33.8
32.229.8
32.9 34.7
34.9 35.3 36.2
36.6
0.0
5.0
10.0
15.0
20.0
25.0
30.0
35.0
40.0
45.0
50.0
55.0
60.0
65.0
0.000
0.010
0.020
0.030
0.040
0.050
0.060
0.070
0.080
0.090
0.100
12345678910111213141516171819202122232425262728293031
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Days
Highest 8-hr Ozone Concentration & Daily Maximum Temperature August 2024
Enoch Hurricane Moab Exceed.TM
36.5 37.6
36.8 36.2
37.9
38.9
36.8 35.2 34.6
34.9 35.6
29.4 30.5
32.7 33.2 34.8
30.231.8
34.0
35.7 33.2
32.4 31.8
30.7
26.8
26.1
31.2 30.6
27.1
30.1
32.8
0.0
5.0
10.0
15.0
20.0
25.0
30.0
35.0
40.0
45.0
50.0
55.0
60.0
65.0
0.000
0.010
0.020
0.030
0.040
0.050
0.060
0.070
0.080
0.090
0.100
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Days
Highest 8-hr Ozone Concentration & Daily Maximum Temperature August 2024
Stations Monitoring the Inland Port Development
ZZ Lake Park Exceed.TM
*ZZ is located at the New Utah State Prison (1480 North 8000 West, SLC).
This site was previously named IP
*
33.4
35.6
33.8 33.1
35.2 34.9
33.1 31.4 31.3
32.6
31.2
26.1
27.5
27.7
30.6 31.3 29.131.1 30.9
32.5 30.5
30.3
29.2
28.2
25.4
23.8
27.7 26.5
25.0
28.9
30.4
0.0
5.0
10.0
15.0
20.0
25.0
30.0
35.0
40.0
45.0
50.0
55.0
60.0
65.0
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 10111213141516171819202122232425262728293031
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Days
Highest 8-hr Ozone Concentration & Daily Maximum Temperature August 2024
Brigham city Exceed.TM
35.133.4
32.6
26.5
29.7
32.9 34.7
33.8 33.0
31.5
30.7
20.3
24.2
30.4
30.5
27.1
0.0
5.0
10.0
15.0
20.0
25.0
30.0
35.0
40.0
45.0
50.0
55.0
60.0
0.000
0.010
0.020
0.030
0.040
0.050
0.060
0.070
0.080
0.090
0.100
0.110
0.120
1 2 3 4 5 6 7 8 9 10111213141516171819202122232425262728293031
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Days
Highest 8-hr Ozone Concentration & Daily Maximum Temperature September 2024
Bountiful Copperview Erda Herriman #3 HV Hawthorne Near Road Red butte Rose Park Environmental Quality Exceed.TM*
*Environmental Quality (EQ) previously named Technical Support Center (TSC)
** Controlling Monitor
**
30.9
30.8
26.6
27.2
26.4
28.029.5 28.8
27.3 26.9
27.6
21.6 22.6
26.9
27.1
26.7
0.0
5.0
10.0
15.0
20.0
25.0
30.0
35.0
40.0
45.0
50.0
55.0
60.0
0.000
0.020
0.040
0.060
0.080
0.100
0.120
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Days
Highest 8-hr Ozone Concentration & Daily Maximum Temperature September 2024
Price #2 Roosevelt Vernal Exceed.TM
32.5
32.4
29.4
24.8
28.4
29.5 31.4 30.1 30.7 30.2
28.6
16.7
21.2
26.1 27.9 25.2
-10.0
-5.0
0.0
5.0
10.0
15.0
20.0
25.0
30.0
35.0
40.0
45.0
50.0
55.0
60.0
0.000
0.010
0.020
0.030
0.040
0.050
0.060
0.070
0.080
0.090
0.100
0.110
0.120
12345678910111213141516171819202122232425262728293031
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Days
Highest 8-hr Ozone Concentration & Daily Maximum Temperature September 2024
Smithfield Exceed.TM
33.6
33.0
30.6
26.6
28.1
30.832.8 31.6 31.3
30.3 29.5
20.5
23.7
28.5
28.7
24.2
0.0
5.0
10.0
15.0
20.0
25.0
30.0
35.0
40.0
45.0
50.0
55.0
60.0
0.000
0.010
0.020
0.030
0.040
0.050
0.060
0.070
0.080
0.090
0.100
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Days
Highest 8-hr Ozone Concentration & Daily Maximum Temperature September 2024
Lindon Spanish Fork Exceed.TM
35.7 36.0
36.9 36.1
36.6 37.1
35.2 34.5 34.6
32.8
30.9
31.2 32.0
32.0
28.7
0.0
5.0
10.0
15.0
20.0
25.0
30.0
35.0
40.0
45.0
50.0
55.0
60.0
65.0
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
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Days
Highest 8-hr Ozone Concentration & Daily Maximum Temperature September 2024
Enoch Hurricane Moab Exceed.TM
35.1
33.4
32.6
26.5
29.7
32.9 34.7 33.8 33.0
31.5
30.7
20.3
24.2
30.4 30.5
27.1
0.0
5.0
10.0
15.0
20.0
25.0
30.0
35.0
40.0
45.0
50.0
55.0
60.0
65.0
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
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Days
Highest 8-hr Ozone Concentration & Daily Maximum Temperature September 2024
Stations Monitoring the Inland Port Development
ZZ Lake Park Exceed.TM
*ZZis located at the New Utah State Prison (1480 North 8000 West, SLC).
This site was previously named IP
*
32.5
32.4
29.4
24.8
28.4
29.5 31.4 30.1 30.7
30.2
28.6
16.7
21.2
26.1
27.9
25.2
0.0
5.0
10.0
15.0
20.0
25.0
30.0
35.0
40.0
45.0
50.0
55.0
60.0
65.0
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
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Days
Highest 8-hr Ozone Concentration & Daily Maximum Temperature September 2024
Brigham city Exceed.TM