State of Utah

GARY R. HERBERT

Gweraor

SPENCERJ. COX

Lieutenant Governor

Departmen! of

Environmental Quality

Amanda Smith

Executive Dilector

DIVISION OF AIRQUALITY

Bryce C. Bird

Director

195 Nor0r 1950 West, 4t Floor. Salt l^ake City, UT

Mailing Address: P.O. Box 144820. Salt Lake City, UT 841 14-4820

Telephone (801) 5364000 . Fax (801) 5364W9. T.D.D. (801) s364414

w.deq.utah.gov

Printed on 100% recycled paper

DAQP-077-14

Jwrc23,2014

Shaun McGrath, Regional Administrator

US EPA Region 8

1595 Wynkoop Sheet

Denver, Colorado 80202-1 129

f)ear Mr. McCrrath:

Enclosed please find for your review one hard copy and one electronic copy of the administrative

documentation in support of Governor Herbert's May 20,2014, State Implementation Plan

submittal of nonsubstantive changes made to Utatr Air Qualrty rules, R307-307, R307-355-5,

R307-3 5 I -4, R307-35 I -2, R307- I 0l -2, and R307- I 03- I .

If you have questions, please call me at (801) 536-4064.

Sincerely,

*z^Ld

Bryce C. Bird

Director

BCB:MB:svw

Enclosures

Glnv R. HeRaeRr

GovenNoR

Stern on'Ur.*t

Orrrce oF THe GoveRNoR

Snlr Lere Crrv, Urlx

841 t 4-2220

SpeNcen J. Cox

LIEUTENANT GoVERNoR

May 20,2014

Shaun McGrath, Regional Administrator

U.S. EPA Region 8

1595 Wynkoop Street

Denver, Colorado 80202-1129

Dear Mr. McGrath:

Enclosed for your approval are nonsubstantive amendments made to the following Utah

Air Quality Rules as part of Utah's State Implementation Plan:

o R307-307, Road Salting and Sanding.

o R307-355-5, Control of Emissions from Aerospace Manufacture and Rework

a

a

a

Facilities, Emission Standards.

R307-351-4, Graphic Arts, Standards for Rotogravure, Flexographic, and Specialty

Printing Operations

R3 07-3 5 1 -2, Graphic Arts, Applicability.

R3 07- 1 0 1 - 2, G ener al Requirements, Defi nitions.

R307- I 03- 1, Administrative Procedures.

Supporting documentation is being submitted by the Utah Division of Air Quality. If you

have questions about these items, please call Bryce Bird, director of the Utah Division of Air

Quality, at (801) 536-4064.

Sincerely,

(L(Lh+-

Enclosures

Govemor

UTAH

Administrative Documentation

Nonsubstantive Rule Amendments for:

R307-307, Road Salting and Sanding; R307-355-5, Control of 

Emissions from aerospace Manufacture and Rework Facilities, 

Emission Standards; R307-351-4, Graphic Arts, Standards for 

Rotogravure, Flexographic, and Specialty Printing Operations; 

R307-351-2, Graphic Arts, Applicability; R307-101-2, General 

Requirements, Definitions; and R307-103-1, Administrative 

Procedures.

State of Utah

Department of Environmental Quality

Division of Air Quality

195 N. 1950 West

P.O. Box 144820

Salt Lake City, Utah 84114-4820
June, 2014
UTAH

ADMINISTRATIVE DOCUMENTATION June 2014

R307-307, Road Salting and Sanding; R307-355-5, Control of 

Emissions from aerospace Manufacture and Rework 

Facilities, Emission Standards; R307-351-4, Graphic Arts, 

Standards for Rotogravure, Flexographic, and Specialty 

Printing Operations; R307-351-2, Graphic Arts, Applicability; 

R307-101-2, General Requirements, Definitions; and R307-

103-1, Administrative Procedures.

ADMINISTRATIVE DOCUMENTATION

Table of Contents

Legal Authority

Utah Code Title 19, Chapter 2, Air Conservation Act.................................................................................... C–1

Utah Code Title 63G, Chapter 3, Administrative Rulemaking Act............................................................... C–23

Utah Administrative Code, R15, Administrative Rules................................................................................. C–40

Nonsubstantive Change

R307-307: Text ........................................................................................................................P–1

R307-307: DAR Bulletin DAR #37234..........................................................................................................P–3

R307-355-5: Text ........................................................................................................................P–4

R307-355-5: DAR Bulletin DAR #37237......................................................................................................P–5

R307-351-4: Text ........................................................................................................................P–6

R307-351-4: DAR Bulletin DAR #37235.......................................................................................................P–8

R307-351-2: Text ........................................................................................................................P–9

R307-351-2: DAR Bulletin DAR #38015....................................................................................................P–10

R307-101-2: Text ......................................................................................................................P–11

R307-101-2: DAR Bulletin DAR #37702.....................................................................................................P–25

R307-103-1: Text ......................................................................................................................P–26

R307-103-1: DAR Bulletin DAR #38252.....................................................................................................P–27

Effective Rule

R307-307: Final Rule Text ........................................................................................................................E–1

R307-355-5: Final Rule Text ........................................................................................................................E–3

R307-351-4: Final Rule Text ........................................................................................................................E–5

R307-351-2: Final Rule Text ........................................................................................................................E–7

R307-101-2: Final Rule Text ........................................................................................................................E–9

R307-103-1: Final Rule Text ......................................................................................................................E–18

Certification

Codes

Air Conservation Act 

Utah Code -- Title 19 -- Chapter 02 (February 13, 2014) 

19-2-101. Short title -- Policy of state and purpose of chapter -- Support of local and regional programs -- Provision 

of coordinated statewide program. ................................................................................................................................ 2

19-2-102. Definitions. ................................................................................................................................................... 2

19-2-103. Members of board -- Appointment -- Terms -- Organization -- Per diem and expenses. ............................. 3

19-2-104. Powers of board. .......................................................................................................................................... 4

19-2-105. Duties of board. ............................................................................................................................................ 6

19-2-105.3. Clean fuel requirements for fleets. ............................................................................................................ 8

19-2-106. Rulemaking authority and procedure. .......................................................................................................... 9

19-2-107. Director -- Appointment -- Powers. ............................................................................................................ 9

19-2-108. Notice of construction or modification of installations required -- Authority of director to prohibit 

construction -- Hearings -- Limitations on authority of director -- Inspections authorized. ........................................10

19-2-109. Air quality standards -- Hearings on adoption -- Orders of director -- Adoption of emission control 

requirements. ...............................................................................................................................................................11

19-2-109.1. Operating permit required -- Emissions fee -- Implementation. .............................................................12

19-2-109.2. Small business assistance program. ........................................................................................................13

19-2-109.3. Public access to information. ..................................................................................................................15

19-2-109.5. Private sector air quality permitting professionals certification program. ..............................................15

19-2-110. Violations -- Notice to violator -- Corrective action orders -- Conference, conciliation, and persuasion by 

director -- Hearings. .....................................................................................................................................................15

19-2-112. Generalized condition of air pollution creating emergency -- Sources causing imminent danger to health -

- Powers of executive director -- Declaration of emergency. ......................................................................................15

19-2-113. Variances -- Judicial review. ......................................................................................................................16

19-2-114. Activities not in violation of chapter or rules. ............................................................................................17

19-2-115. Violations -- Penalties -- Reimbursement for expenses. ............................................................................17

19-2-116. Injunction or other remedies to prevent violations -- Civil actions not abridged. ......................................19

19-2-117. Attorney general as legal advisor to board -- Duties of attorney general and county attorneys. ................19

19-2-118. Violation of injunction evidence of contempt. ...........................................................................................19

19-2-119. Civil or criminal remedies not excluded -- Actionable rights under chapter -- No liability for acts of God 

or other catastrophes. ...................................................................................................................................................19

19-2-120. Information required of owners or operators of air contaminant sources. .................................................20

19-2-121. Ordinances of political subdivisions authorized.........................................................................................20

19-2-123. Tax relief to encourage investment in facilities -- Sales and use tax exemption. .......................................20

19-2-124. Application for certification of pollution control facility -- Refunds -- Interest. .......................................20

19-2-125. Action on application for certification. ......................................................................................................21

19-2-126. Revocation of certification -- Grounds -- Procedure. .................................................................................22

19-2-127. Rules for administering certification for tax relief. ....................................................................................22

C - 1
Title 19. Environmental 

Quality Code. 

Chapter 2. Air Conservation Act. 

19-2-101. Short title -- Policy of state and 

purpose of chapter -- Support of local and 

regional programs -- Provision of coordinated 

statewide program. 

(1) This chapter is known as the "Air 

Conservation Act." 

(2) It is the policy of this state and the 

purpose of this chapter to achieve and maintain 

levels of air quality which will protect human 

health and safety, and to the greatest degree 

practicable, prevent injury to plant and animal 

life and property, foster the comfort and 

convenience of the people, promote the 

economic and social development of this state, 

and facilitate the enjoyment of the natural 

attractions of this state. 

 (3) Local and regional air pollution 

control programs shall be supported to the extent 

practicable as essential instruments to secure and 

maintain appropriate levels of air quality. 

 (4) The purpose of this chapter is to: 

 (a) provide for a coordinated statewide 

program of air pollution prevention, abatement, 

and control; 

 (b) provide for an appropriate 

distribution of responsibilities among the state 

and local units of government; 

 (c) facilitate cooperation across 

jurisdictional lines in dealing with problems of 

air pollution not confined within single 

jurisdictions; and 

 (d) provide a framework within which 

air quality may be protected and consideration 

given to the public interest at all levels of 

planning and development within the state.. 

19-2-102. Definitions. 

As used in this chapter: 

 (1) "Air contaminant" means any 

particulate matter or any gas, vapor, suspended 

solid, or any combination of them, excluding 

steam and water vapors. 

 

(2) "Air contaminant source" means all 

sources of emission of air contaminants whether 

privately or publicly owned or operated. 

(3) "Air pollution" means the presence 

in the ambient air of one or more air 

contaminants in the quantities and duration and 

under conditions and circumstances as is or 

tends to be injurious to human health or welfare, 

animal or plant life, or property, or would 

unreasonably interfere with the enjoyment of life 

or use of property, as determined by the rules 

adopted by the board. 

 (4) "Ambient air" means the 

surrounding or outside air. 

 (5) "Asbestos" means the asbestiform 

varieties of serpentine (chrysotile), riebeckite 

(crocidolite), cummingtonite-grunerite, 

anthophyllite, and actinolite-tremolite. 

 (6) "Asbestos-containing material" 

means any material containing more than 1% 

asbestos, as determined using the method 

adopted in 40 CFR Part 61, Subpart M, National 

Emission Standard for Asbestos. 

 (7) "Asbestos inspection" means an 

activity undertaken to determine the presence or 

location, or to assess the condition of, asbestoscontaining material or suspected asbestoscontaining material, whether by visual or 

physical examination, or by taking samples of 

the material. 

 (8) (a) "Board" means the Air Quality 

Board. 

 (b) "Board" means, as used in Sections 

19-2-123 through 19-2-126, the Air Quality 

Board or the Water Quality Board. 

 (9) "Clean school bus" has the same 

meaning as defined in 42 U.S.C. Sec. 16091. 

 (10) "Director" means the director of 

the Division of Air Quality. 

(11) "Division" means the Division of 

Air Quality, created in Subsection 19-1-

105(1)(a). 

(12) (a) "Facility" means machinery, 

equipment, structures, or any part or accessories 

of them, installed or acquired for the primary 

purpose of controlling or disposing of air 

pollution. 

 (b) "Facility" does not include an air 

conditioner, fan, or other similar facility for the 

C - 2
comfort of personnel. 

 (13) "Friable asbestos-containing 

material" means any material containing more 

than 1% asbestos, as determined using the 

method adopted in 40 CFR Part 61, Subpart M, 

National Emission Standard for Asbestos, that 

hand pressure can crumble, pulverize, or reduce 

to powder when dry. 

 (14) "Indirect source" means a facility, 

building, structure, or installation which attracts 

or may attract mobile source activity that results 

in emissions of a pollutant for which there is a 

national standard. 

(15) (a) "Pollution control facility" or 

"facility" means, as used in Sections 19-2-123 

through 19-2-126, any land, structure, building, 

installation, excavation, machinery, equipment, 

or device, or any addition to, reconstruction, 

replacement or improvement of, land or an 

existing structure, building, installation, 

excavation, machinery, equipment, or device 

reasonably used, erected, constructed, acquired, 

or installed by any person if the primary purpose 

of the use, erection, construction, acquisition, or 

installation is the prevention, control, or 

reduction of air or water pollution by: 

 (i) the disposal or elimination of or 

redesign to eliminate waste and the use of 

treatment works for industrial waste as defined 

in Title 19, Chapter 5, Water Quality Act; or 

(ii) the disposal, elimination, or 

reduction of or redesign to eliminate or reduce 

air contaminants or air pollution or air 

contamination sources and the use of air 

cleaning devices. 

 (b) "Pollution control facility" or 

"facility" does not include air conditioners, 

septic tanks, or other facilities for human waste, 

nor any property installed, constructed, or used 

for the moving of sewage to the collection 

facilities of a public or quasi-public sewerage 

system. 

19-2-103. Members of board -- Appointment 

-- Terms -- Organization -- Per diem and 

expenses. 

(1) The board consists of the following 

nine members: 

(a) the following non-voting member, 

except that the member may vote to break a tie 

vote between the voting members: 

(i) the executive director; or 

(ii) an employee of the department 

designated by the executive director; and 

 (b) the following eight voting 

members, who shall be appointed by the 

governor with the consent of the Senate: 

 (i) one representative who: 

 (A) is not connected with industry; 

 (B) is an expert in air quality matters; 

and 

 (C) is a Utah-licensed physician, a 

Utah-licensed professional engineer, or a 

scientist with relevant training and experience; 

 (ii) two government representatives 

who do not represent the federal government; 

 (iii) one representative from the mining 

industry; 

 (iv) one representative from the fuels 

industry; 

 (v) one representative from the 

manufacturing industry; 

(vi) one representative from the public 

who represents: 

 (A) an environmental nongovernmental 

organization; or 

 (B) a nongovernmental organization 

that represents community interests and does not 

represent industry interests; and 

 (vii) one representative from the public 

who is trained and experienced in public health. 

 (2) A member of the board shall: 

 (a) be knowledgeable about air 

pollution matters, as evidenced by a professional 

degree, a professional accreditation, or 

documented experience; 

 (b) be a resident of Utah; 

 (c) attend board meetings in 

accordance with the attendance rules made by 

the department under Subsection 19-1-

201(1)(d)(i)(A); and 

 (d) comply with all applicable statutes, 

rules, and policies, including the conflict of 

interest rules made by the department under 

Subsection 19-1-201(1)(d)(i)(B). 

 (3) No more than five of the appointed 

members of the board shall belong to the same 

political party. 

 (4) A majority of the members of the 

C - 3
board may not derive any significant portion of 

their income from persons subject to permits or 

orders under this chapter. 

(5) (a) Members shall be appointed for 

a term of four years. 

(b) Notwithstanding the requirements of 

Subsection (5)(a), the governor shall, at the time 

of appointment or reappointment, adjust the 

length of terms to ensure that the terms of board 

members are staggered so that half of the 

appointed board is appointed every two years. 

 (c) (i) Notwithstanding Subsection 

(5)(a), the term of a board member who is 

appointed before March 1, 2013, shall expire on 

February 28, 2013. 

 (ii) On March 1, 2013, the governor 

shall appoint or reappoint board members in 

accordance with this section. 

 (6) A member may serve more than 

one term. 

 (7) A member shall hold office until 

the expiration of the member's term and until the 

member's successor is appointed, but not more 

than 90 days after the expiration of the member's 

term. 

(8) When a vacancy occurs in the 

membership for any reason, the replacement 

shall be appointed for the unexpired term. 

(9) The board shall elect annually a 

chair and a vice chair from its members. 

(10) (a) The board shall meet at least 

quarterly. 

(b) Special meetings may be called by 

the chair upon the chair's own initiative, upon 

the request of the director, or upon the request of 

three members of the board. 

 (c) Three days' notice shall be given to 

each member of the board before any meeting. 

(11) Five members constitute a quorum 

at any meeting, and the action of a majority of 

members present is the action of the board. 

(12) A member may not receive 

compensation or benefits for the member's 

service, but may receive per diem and travel 

expenses in accordance with: 

(a) Section 63A-3-106; 

(b) Section 63A-3-107; and 

(c) rules made by the Division of 

Finance pursuant to Sections 63A-3-106 and 

63A-3-107. 

19-2-104. Powers of board. 

(1) The board may make rules in 

accordance with Title 63G, Chapter 3, Utah 

Administrative Rulemaking Act: 

 (a) 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; 

 (b) establishing air quality standards; 

 (c) requiring persons engaged in 

operations which result in air pollution to: 

 (i) install, maintain, and use emission 

monitoring devices, as the board finds 

necessary; 

 (ii) file periodic reports containing 

information relating to the rate, period of 

emission, and composition of the air 

contaminant; and 

 (iii) provide access to records relating 

to emissions which cause or contribute to air 

pollution; 

 (d) (i) implementing: 

 (A) Toxic Substances Control Act, 

Subchapter II, Asbestos Hazard Emergency 

Response, 15 U.S.C. 2601 et seq.; 

 (B) 40 C.F.R. Part 763, Asbestos; and 

 (C) 40 C.F.R. Part 61, National 

Emission Standards for Hazardous Air 

Pollutants, Subpart M, National Emission 

Standard for Asbestos; and 

 (ii) reviewing and approving asbestos 

management plans submitted by local education 

agencies under the Toxic Substances Control 

Act, Subchapter II, Asbestos Hazard Emergency 

Response, 15 U.S.C. 2601 et seq.; 

 (e) establishing a requirement for a 

diesel emission opacity inspection and 

maintenance program for diesel-powered motor 

vehicles; 

 (f) implementing an operating permit 

program as required by and in conformity with 

Titles IV and V of the federal Clean Air Act 

Amendments of 1990; 

 (g) establishing requirements for county 

emissions inspection and maintenance programs 

after obtaining agreement from the counties that 

would be affected by the requirements; 

C - 4
 

 (h) with the approval of the governor, 

implementing in air quality nonattainment areas 

employer-based trip reduction programs 

applicable to businesses having more than 100 

employees at a single location and applicable to 

federal, state, and local governments to the 

extent necessary to attain and maintain ambient 

air quality standards consistent with the state 

implementation plan and federal requirements 

under the standards set forth in Subsection (2); 

and 

 (i) implementing lead-based paint 

remediation training, certification, and 

performance requirements in accordance with 15 

U.S.C.A. 2601 et seq., Toxic Substances Control 

Act, Subchapter IV -- Lead Exposure Reduction, 

Sections 402 and 406. 

 (2) When implementing Subsection 

(1)(h) the board shall take into consideration: 

 (a) the impact of the business on overall 

air quality; and 

 (b) the need of the business to use 

automobiles in order to carry out its business 

purposes. 

 (3) (a) The board may: 

 (i) hold a hearing that is not an 

adjudicative proceeding relating to any aspect 

of, or matter in, the administration of this 

chapter; 

 (ii) order the director to: 

 (A) issue orders necessary to enforce 

the provisions of this chapter; 

 (B) enforce the orders by appropriate 

administrative and judicial proceedings; or 

 (C) institute judicial proceedings to 

secure compliance with this chapter; or 

 (iii) advise, consult, contract, and 

cooperate with other agencies of the state, local 

governments, industries, other states, interstate 

or interlocal agencies, the federal government, 

or interested persons or groups. 

 (b) The board shall: 

 (i) to ensure compliance with applicable 

statutes and regulations: 

 (A) review a settlement negotiated by 

the director in accordance with Subsection 19-2-

107(2)(b)(viii) that requires a civil penalty of 

$25,000 or more; and 

 

 (B) approve or disapprove the 

settlement; 

 (ii) encourage voluntary cooperation by 

persons and affected groups to achieve the 

purposes of this chapter; 

 (iii) require the owner and operator of 

each new source which directly emits or has the 

potential to emit 100 tons per year or more of 

any air contaminant or the owner or operator of 

each existing source which by modification will 

increase emissions or have the potential of 

increasing emissions by 100 tons per year or 

more of any air contaminant, to pay a fee 

sufficient to cover the reasonable costs of: 

 (A) reviewing and acting upon the 

notice required under Section 19-2-108; and 

 (B) implementing and enforcing 

requirements placed on the sources by any 

approval order issued pursuant to notice, not 

including any court costs associated with any 

enforcement action; 

 (iv) meet the requirements of federal air 

pollution laws; 

 (v) by rule, establish work practice, 

certification, and clearance air sampling 

requirements for persons who: 

 (A) contract for hire to conduct 

demolition, renovation, salvage, encapsulation 

work involving friable asbestos-containing 

materials, or asbestos inspections if: 

 (I) the contract work is done on a site 

other than a residential property with four or 

fewer units; or 

 (II) the contract work is done on a 

residential property with four or fewer units 

where a tested sample contained greater than 1% 

of asbestos; 

 (B) conduct work described in 

Subsection (3)(b)(v)(A) in areas to which the 

general public has unrestrained access or in 

school buildings that are subject to the federal 

Asbestos Hazard Emergency Response Act of 

1986; 

 (C) conduct asbestos inspections in 

facilities subject to 15 U.S.C.A. 2601 et seq., 

Toxic Substances Control Act, Subchapter II - 

Asbestos Hazard Emergency Response; or 

 (D) conduct lead paint inspections in 

facilities subject to 15 U.S.C.A. 2601 et seq., 

Toxic Substances Control Act, Subchapter IV --

C - 5
Lead Exposure Reduction; 

 (vi) establish certification requirements 

for persons required under 15 U.S.C.A. 2601 et 

seq., Toxic Substances Control Act, Subchapter 

II - Asbestos Hazard Emergency Response, to be 

accredited as inspectors, management planners, 

abatement project designers, asbestos abatement 

contractors and supervisors, or asbestos 

abatement workers; 

 (vii) establish certification requirements 

for asbestos project monitors, which shall 

provide for experience-based certification of 

persons who, prior to establishment of the 

certification requirements, had received relevant 

asbestos training, as defined by rule, and had 

acquired at least 1,000 hours of experience as 

project monitors; 

 (viii) establish certification procedures 

and requirements for certification of the 

conversion of a motor vehicle to a clean-fuel 

vehicle, certifying the vehicle is eligible for the 

tax credit granted in Section 59-7-605 or 59-10-

1009; 

 (ix) establish a program to certify 

private sector air quality permitting 

professionals (AQPP), as described in Section 

19-2-109.5; 

 (x) establish certification requirements 

for persons required under 15 U.S.C.A. 2601 et 

seq., Toxic Control Act, Subchapter IV -- Lead 

Exposure Reduction, to be accredited as 

inspectors, risk assessors, supervisors, project 

designers, or abatement workers; and 

 (xi) assist the State Board of Education 

in adopting school bus idling reduction 

standards and implementing an idling reduction 

program in accordance with Section 41-6a-1308. 

 (4) Any rules adopted under this 

chapter shall be consistent with provisions of 

federal laws, if any, relating to control of motor 

vehicles or motor vehicle emissions. 

 (5) Nothing in this chapter authorizes 

the board to require installation of or payment 

for any monitoring equipment by the owner or 

operator of a source if the owner or operator has 

installed or is operating monitoring equipment 

that is equivalent to equipment which the board 

would require under this section. 

 (6) (a) The board may not require 

testing for asbestos or related materials on a 

residential property with four or fewer units, 

unless: 

 (i) the property's construction was 

completed before January 1, 1981; or 

 (ii) the testing is for: 

 (A) a sprayed acoustical ceiling; 

 (B) transite siding; 

 (C) vinyl floor tile; 

 (D) thermal-system insulation or tape 

on a duct or furnace; or 

 (E) vermiculite type insulation 

materials. 

 (b) A residential property with four or 

fewer units is subject to an abatement rule made 

under Subsection (1) or (3)(b)(v) if: 

 (i) a sample from the property is tested 

for asbestos; and 

 (ii) the sample contains asbestos 

measuring greater than 1%. 

 (7) The board may not issue, amend, 

renew, modify, revoke, or terminate any of the 

following that are subject to the authority 

granted to the director under Section 19-2-107 or 

19-2-108: 

 (a) a permit; 

 (b) a license; 

 (c) a registration; 

 (d) a certification; or 

 (e) another administrative authorization 

made by the director. 

 (8) A board member may not speak or 

act for the board unless the board member is 

authorized by a majority of a quorum of the 

board in a vote taken at a meeting of the board. 

 (9) Notwithstanding Subsection (7), the 

board may exercise all authority granted to the 

board by a federally enforceable state 

implementation plan.

19-2-105. Duties of board. 

The board, in conjunction with the 

governing body of each county identified in 

Section 41-6a-1643 and other interested parties, 

shall order the director to perform an evaluation 

of the inspection and maintenance program 

developed under Section 41-6a-1643 including 

issues relating to: 

 

 (1) the implementation of a 

C - 6
standardized inspection and maintenance 

program; 

(2) out-of-state registration of vehicles 

used in Utah; 

 (3) out-of-county registration of 

vehicles used within the areas required to have 

an inspection and maintenance program; 

 (4) use of the farm truck exemption; 

(5) mechanic training programs; 

(6) emissions standards; and 

 

(7) emissions waivers 

C - 7
19-2-105.3. Clean fuel requirements for 

fleets. 

(1) As used in this section: 

 

(a) “1990 Clean Air Act” means the 

federal Clean Air Act as amended in 1990. 

 (b) "Clean fuel" means: 

 (i) (i) propane, compressed natural gas, 

or electricity; 

 (ii) other fuel the Air Quality Board 

created in Title 19, Chapter 2, Air Conservation 

Act, determines annually on or before July 1 is 

at least as effective as fuels under Subsection 

(1)(b)(i) in reducing air pollution; and 

 (iii) other fuel that meets the clean fuel 

vehicle standards in the 1990 Clean Air Act. 

 (c) "Fleet" means 10 or more vehicles: 

 (i) owned or operated by a single entity 

as defined by board rule; and 

 (ii) capable of being fueled or that are 

fueled at a central location. 

 (d) "Fleet" does not include motor 

vehicles that are: 

 (i) held for lease or rental to the general 

public; 

 (ii) held for sale or used as 

demonstration vehicles by motor vehicle dealers; 

 (iii) used by motor vehicle 

manufacturers for product evaluations or tests; 

 (iv) authorized emergency vehicles as 

defined in Section 41-6a-102; 

 (v) registered under Title 41, Chapter 

1a, Part 2, Registration, as farm vehicles; 

 (vi) special mobile equipment as 

defined in Section 41-1a-102; 

 (vii) heavy duty trucks with a gross 

vehicle weight rating of more than 26,000 

pounds; 

 (viii) regularly used by employees to 

drive to and from work, parked at the 

employees' personal residences when they are 

not at their employment, and not practicably 

fueled at a central location; 

 (ix) owned, operated, or leased by 

public transit districts; or 

 (x) exempted by board rule. 

 (2) (a) After evaluation of reasonably 

available pollution control strategies, and as part 

of the state implementation plan demonstrating 

attainment of the national ambient air quality 

standards, the board may by rule, subject to 

Subsection (2)(c), require fleets in specified 

geographical areas to use clean fuels if the board 

determines fleet use of clean fuels is: 

 (i) necessary to demonstrate attainment 

of the national ambient air quality standards in 

any area where they are required; and 

 (ii) reasonably cost effective when 

compared to other similarly beneficial control 

strategies for demonstrating attainment of the 

national ambient air quality standards. 

 (b) State implementation plans 

developed prior to July 1, 1995, may require 

fleets to use clean fuels no earlier than July 1, 

1995, unless the board determines fleet use of 

clean fuels is necessary prior to July 1, 1995, to 

demonstrate attainment of the national ambient 

air quality standards in any area by an 

attainment date established by federal law. 

 (c) The board may not require more 

than 50% of those trucks in a fleet that are heavy 

duty trucks having a gross vehicle weight rating 

of more than 8,500 pounds and not more than 

26,000 pounds to convert to clean fuels under 

Subsection (2)(b). 

 (d) A vehicle retrofit to operate on 

compressed natural gas in accordance with 

Section 19-1-406 qualifies as a clean fuel 

vehicle under this section. 

 (3) (a) After evaluation of reasonably 

available pollution control strategies, and as part 

of a state implementation plan demonstrating 

only maintenance of the national ambient air 

quality standards, the board may by rule, subject 

to Subsection (3)(b), require fleets in specified 

geographical areas to use clean fuels if the board 

determines fleet use of clean fuels is: 

 (i) necessary to demonstrate 

maintenance of the national ambient air quality 

standards in any area where they are required; 

and 

 (ii) reasonably cost effective as 

compared with other similarly beneficial control 

strategies for demonstrating maintenance of the 

national ambient air quality standards. 

 (b) Under Subsection (3)(a) the board 

may require no more than: 

 

C - 8
 (i) 30% of a fleet to use clean fuels 

before January 1, 1998; 

 (ii) 50% of a fleet to use clean fuels 

before January 1, 1999; and 

 (iii) 70% of a fleet to use clean fuels 

before January 1, 2000. 

 (c) The board may not require more 

than 50% of those trucks in a fleet that are heavy 

duty trucks having a gross vehicle weight rating 

of more than 8,500 pounds and not more than 

26,000 pounds to convert to clean fuels under 

Subsection (3)(b). 

 (4) Rules the board makes under this 

section may include: 

 (a) dates by which fleets are required to 

convert to clean fuels under the provisions of 

this section; 

 (b) definitions of fleet owners or 

operators; 

 (c) definitions of vehicles exempted 

from this section by rule; 

 (d) certification requirements for 

persons who install clean fuel conversion 

equipment, including testing and certification 

standards regarding installers; and 

 (e) certification fees for installers, 

established under Section 63J-1-504. 

 (5) Implementation of this section and 

rules made under this section are subject to the 

reasonable availability of clean fuel in the local 

market as determined by the board.

19-2-106. Rulemaking authority and 

procedure. 

(1) Except as provided in Subsection 

(2), no rule which the board makes for the 

purpose of administering a program under the 

federal Clean Air Act may be more stringent 

than the corresponding federal regulations which 

address the same circumstances. In making 

rules, the board may incorporate by reference 

corresponding federal regulations. 

 (2) The board may make rules more 

stringent than corresponding federal regulations 

for the purpose described in Subsection (1), only 

if it makes a written finding after public 

comment and hearing and based on evidence in 

the record, that corresponding federal 

regulations are not adequate to protect public 

health and the environment of the state. Those 

findings shall be accompanied by an opinion 

referring to and evaluating the public health and 

environmental information and studies contained 

in the record which form the basis for the 

board's conclusion.

19-2-107. Director -- Appointment -- Powers. 

(1) The executive director shall appoint 

the director. The director shall serve under the 

administrative direction of the executive 

director. 

(2) (a) The director shall: 

(i) prepare and develop comprehensive 

plans for the prevention, abatement, and control 

of air pollution in Utah; 

(ii) advise, consult, and cooperate with 

other agencies of the state, the federal 

government, other states and interstate agencies, 

and affected groups, political subdivisions, and 

industries in furtherance of the purposes of this 

chapter; 

(iii) review plans, specifications, or 

other data relative to pollution control systems 

or any part of the systems provided in this 

chapter; 

(iv) under the direction of the executive 

director, represent the state in all matters relating 

to interstate air pollution, including interstate 

compacts and similar agreements; 

(v) secure necessary scientific, 

technical, administrative, and operational 

services, including laboratory facilities, by 

contract or otherwise; 

 (vi) encourage voluntary cooperation 

by persons and affected groups to achieve the 

purposes of this chapter; 

(vii) encourage local units of 

government to handle air pollution within their 

respective jurisdictions on a cooperative basis 

and provide technical and consulting assistance 

to them; 

(viii) determine by means of field 

studies and sampling the degree of air 

contamination and air pollution in all parts of the 

state; 

(ix) monitor the effects of the emission 

of air contaminants from motor vehicles on the 

C - 9
quality of the outdoor atmosphere in all parts of 

Utah and take appropriate responsive action; 

 

(x) collect and disseminate information 

relating to air contamination and air pollution 

and conduct educational and training programs 

relating to air contamination and air pollution; 

(xi) assess and collect noncompliance 

penalties as required in Section 120 of the 

federal Clean Air Act, 42 U.S.C. Section 7420; 

(xii) comply with the requirements of 

federal air pollution laws; 

(xiii) subject to the provisions of this 

chapter, enforce rules through the issuance of 

orders, including: 

(A) prohibiting or abating discharges of 

wastes affecting ambient air; 

(B) requiring the construction of new 

control facilities or any parts of new control 

facilities or the modification, extension, or 

alteration of existing control facilities or any 

parts of new control facilities; or

(C) adopting other remedial measures 

to prevent, control, or abate air pollution; and 

(xiv) as authorized by the board and 

subject to the provisions of this chapter, act as 

executive secretary of the board under the 

direction of the chairman of the board. 

(b) The director may: 

(i) employ full-time employees 

necessary to carry out this chapter; 

(ii) subject to the provisions of this 

chapter, authorize any employee or 

representative of the department to enter at 

reasonable time and upon reasonable notice in or 

upon public or private property for the purposes 

of inspecting and investigating conditions and 

plant records concerning possible air pollution; 

(iii) encourage, participate in, or 

conduct studies, investigations, research, and 

demonstrations relating to air pollution and its 

causes, effects, prevention, abatement, and 

control, as advisable and necessary for the 

discharge of duties assigned under this chapter, 

including the establishment of inventories of 

pollution sources; 

(iv) collect and disseminate information 

relating to air pollution and the prevention, 

control, and abatement of it; 

(v) cooperate with studies and research 

relating to air pollution and its control, 

abatement, and prevention; 

 

(vi) subject to Subsection (3), upon 

request, consult concerning the following with 

any person proposing to construct, install, or 

otherwise acquire an air contaminant source in 

Utah: 

(A) the efficacy of any proposed control 

device or proposed control system for the 

source; or 

(B) the air pollution problem that may 

be related to the source, device, or system; 

(vii) accept, receive, and administer 

grants or other funds or gifts from public and 

private agencies, including the federal 

government, for the purpose of carrying out any 

of the functions of this chapter; 

(viii) subject to Subsection 19-2-

104(3)(b)(i), settle or compromise any civil 

action initiated by the division to compel 

compliance with this chapter or the rules made 

under this chapter; or 

(ix) as authorized by the board and 

subject to the provisions of this chapter, exercise 

all incidental powers necessary to carry out the 

purposes of this chapter, including certification 

to any state or federal authorities for tax 

purposes the fact of construction, installation, or 

acquisition of any facility, land, building, 

machinery, or equipment or any part of them, in 

conformity with this chapter. 

(3) A consultation described in 

Subsection (2)(b)(vi) does not relieve a person 

from the requirements of this chapter, the rules 

adopted under this chapter, or any other 

provision of law. 

19-2-108. Notice of construction or 

modification of installations required --

Authority of director to prohibit construction --

Hearings -- Limitations on authority of director 

-- Inspections authorized.

(1) Notice shall be given to the director 

by any person planning to construct a new 

installation which will or might reasonably be 

expected to be a source or indirect source of air 

pollution or to make modifications to an existing 

installation which will or might reasonably be 

C - 10
expected to increase the amount of or change the 

character or effect of air contaminants 

discharged, so that the installation may be 

expected to be a source or indirect source of air 

pollution, or by any person planning to install an 

air cleaning device or other equipment intended 

to control emission of air contaminants. 

(2) (a) (i) The director may require, as a 

condition precedent to the construction, 

modification, installation, or establishment of 

the air contaminant source or indirect source, the 

submission of plans, specifications, and other 

information as he finds necessary to determine 

whether the proposed construction, 

modification, installation, or establishment will 

be in accord with applicable rules in force under 

this chapter. 

(ii) Plan approval for an indirect source 

may be delegated by the director to a local 

authority when requested and upon assurance 

that the local authority has and will maintain 

sufficient expertise to insure that the planned 

installation will meet the requirements 

established by law. 

(b) If within 90 days after the receipt of 

plans, specifications, or other information 

required under this subsection, the director 

determines that the proposed construction, 

installation, or establishment or any part of it 

will not be in accord with the requirements of 

this chapter or applicable rules or that further 

time, not exceeding three extensions of 30 days 

each, is required by the director to adequately 

review the plans, specifications, or other 

information, he shall issue an order prohibiting 

the construction, installation, or establishment of 

the air contaminant source or sources in whole 

or in part. 

 (3) In addition to any other remedies, 

any person aggrieved by the issuance of an order 

either granting or denying a request for the 

construction of a new installation, and prior to 

invoking any such other remedies shall, upon 

request, in accordance with the rules of the 

department, be entitled to a permit review 

adjudicative proceeding conducted by an 

administrative law judge as provided by Section 

19-1-301.5. 

 (4) Any features, machines, and 

devices constituting parts of or called for by 

plans, specifications, or other information 

submitted under Subsection (1) shall be 

maintained in good working order. 

 

(5) This section does not authorize the 

director to require the use of machinery, devices, 

or equipment from a particular supplier or 

produced by a particular manufacturer if the 

required performance standards may be met by 

machinery, devices, or equipment otherwise 

available. 

(6) (a) Any authorized officer, 

employee, or representative of the director may 

enter and inspect any property, premise, or place 

on or at which an air contaminant source is 

located or is being constructed, modified, 

installed, or established at any reasonable time 

for the purpose of ascertaining the state of 

compliance with this chapter and the rules 

adopted under it. 

(b) (i) A person may not refuse entry or 

access to any authorized representative of the 

director who requests entry for purposes of 

inspection and who presents appropriate 

credentials. 

(ii) A person may not obstruct, hamper, 

or interfere with any inspection. 

(c) If requested, the owner or operator 

of the premises shall receive a report setting 

forth all facts found which relate to compliance 

status. 

19-2-109. Air quality standards -- Hearings on 

adoption -- Orders of director -- Adoption of 

emission control requirements.

 (1) (a) The board, in adopting standards 

of quality for ambient air, shall conduct public 

hearings. 

 (b) Notice of any public hearing for the 

consideration, adoption, or amendment of air 

quality standards shall specify the locations to 

which the proposed standards apply and the 

time, date, and place of the hearing. 

 (c) The notice shall be: 

 (i) (A) published at least twice in any 

newspaper of general circulation in the area 

affected; and 

 (B) published on the Utah Public Notice 

Website created in Section 63F-1-701, at least 

C - 11
20 days before the public hearing; and 

 (ii) mailed at least 20 days before the 

public hearing to the chief executive of each 

political subdivision of the area affected and to 

other persons the director has reason to believe 

will be affected by the standards. 

 (d) The adoption of air quality 

standards or any modification or changes to air 

quality standards shall be by order of the 

director following formal action of the board 

with respect to the standards. 

 (e) The order shall be published: 

 (i) in a newspaper of general circulation 

in the area affected; and 

 (ii) as required in Section 45-1-101. 

 (2) (a) The board may 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. 

 (b) In adopting these requirements, the 

board shall give notice and conduct public 

hearings in accordance with the requirements in 

Subsection (1).

19-2-109.1. Operating permit required --

Emissions fee -- Implementation. 

(1) As used in this section and Sections 

19-2-109.2 and 19-2-109.3: 

(a) "EPA" means the federal 

Environmental Protection Agency. 

(b) "1990 Clean Air Act" means the 

federal Clean Air Act as amended in 1990. 

 (c) "Operating permit" means a permit 

issued by the director to sources of air pollution 

that meet the requirements of Titles IV and V of 

the 1990 Clean Air Act. 

 (d) "Program" means the air pollution 

operating permit program established under this 

section to comply with Title V of the 1990 Clean 

Air Act. 

 (e) "Regulated pollutant" has the same 

meaning as defined in Title V of the 1990 Clean 

Air Act and implementing federal regulations. 

 (2) (a) A person may not operate any 

source of air pollution required to have a permit 

under Title V of the 1990 Clean Air Act without 

having obtained an operating permit from the 

director under procedures the board establishes 

by rule. 

 (b) A person is not required to submit 

an operating permit application until the 

governor has submitted an operating permit 

program to the EPA. 

(c) Any operating permit issued under 

this section may not become effective until the 

day after the EPA issues approval of the permit 

program or November 15, 1995, whichever 

occurs first. 

(3) (a) Operating permits issued under 

this section shall be for a period of five years 

unless the director makes a written finding, after 

public comment and hearing, and based on 

substantial evidence in the record, that an 

operating permit term of less than five years is 

necessary to protect the public health and the 

environment of the state. 

(b) The director may issue, modify, or 

renew an operating permit only after providing 

public notice, an opportunity for public 

comment, and an opportunity for a public 

hearing. 

(c) The director shall, in conformity 

with the 1990 Clean Air Act and implementing 

federal regulations, revise the conditions of 

issued operating permits to incorporate 

applicable federal regulations in conformity with 

Section 502(b)(9) of the 1990 Clean Air Act, if 

the remaining period of the permit is three or 

more years. 

 (d) The director may terminate, 

modify, revoke, or reissue an operating permit 

for cause. 

(4) (a) The board shall establish a 

proposed annual emissions fee that conforms 

with Title V of the 1990 Clean Air Act for each 

ton of regulated pollutant, applicable to all 

sources required to obtain a permit. The 

emissions fee established under this section is in 

addition to fees assessed under Section 19-2-108 

for issuance of an approval order. 

(b) In establishing the fee the board 

shall comply with the provisions of Section 63J1-504 that require a public hearing and require 

the established fee to be submitted to the 

Legislature for its approval as part of the 

department's annual appropriations request. 

(c) The fee shall cover all reasonable 

C - 12
direct and indirect costs required to develop and 

administer the program and the small business 

assistance program established under Section 

19-2-109.2. The director shall prepare an annual 

report of the emissions fees collected and the 

costs covered by those fees under this 

Subsection (4). 

(d) The fee shall be established 

uniformly for all sources required to obtain an 

operating permit under the program and for all 

regulated pollutants. 

(e) The fee may not be assessed for 

emissions of any regulated pollutant if the 

emissions are already accounted for within the 

emissions of another regulated pollutant. 

 (f) An emissions fee may not be 

assessed for any amount of a regulated pollutant 

emitted by any source in excess of 4,000 tons 

per year of that regulated pollutant. 

(5) Emissions fees accrued on and after 

July 1, 1993, but before issuance of an operating 

permit, shall be based on the most recent 

emissions inventory, unless a source elects 

before July 1, 1992, to base the fee on allowable 

emissions, if applicable for a regulated pollutant. 

(6) After an operating permit is issued 

the emissions fee shall be based on actual 

emissions for a regulated pollutant unless a 

source elects, prior to the issuance or renewal of 

a permit, to base the fee during the period of the 

permit on allowable emissions for that regulated 

pollutant. 

 (7) If the owner or operator of a source 

subject to this section fails to timely pay an 

annual emissions fee, the director may: 

(a) impose a penalty of not more than 

50% of the fee, in addition to the fee, plus 

interest on the fee computed at 12% annually; or 

 (b) revoke the operating permit. 

 (8) The owner or operator of a source 

subject to this section may contest an emissions 

fee assessment or associated penalty in an 

adjudicative hearing under the Title 63G, 

Chapter 4, Administrative Procedures Act, and 

Section 19-1-301, as provided in this Subsection 

(8). 

 (a) The owner or operator shall pay the 

fee under protest prior to being entitled to a 

hearing. Payment of an emissions fee or penalty 

under protest is not a waiver of the right to 

contest the fee or penalty under this section. 

 (b) A request for a hearing under this 

Subsection (8) shall be made after payment of 

the emissions fee and within six months after the 

emissions fee was due. 

 

(9) To reinstate an operating permit 

revoked under Subsection (7) the owner or 

operator shall pay all outstanding emissions fees, 

a penalty of not more than 50% of all 

outstanding fees, and interest on the outstanding 

emissions fees computed at 12% annually. 

(10) All emissions fees and penalties 

collected by the department under this section 

shall be deposited in the General Fund as the Air 

Pollution Operating Permit Program dedicated 

credit to be used solely to pay for the reasonable 

direct and indirect costs incurred by the 

department in developing and administering the 

program and the small business assistance 

program under Section 19-2-109.2. 

 (11) Failure of the director to act on 

any operating permit application or renewal is a 

final administrative action only for the purpose 

of obtaining judicial review by any of the 

following persons to require the director to take 

action on the permit or its renewal without 

additional delay: 

(a) the applicant; 

(b) any person who participated in the 

public comment process; or 

 (c) any other person who could obtain 

judicial review of that action under applicable 

law. 

19-2-109.2. Small business assistance 

program. 

(1) The board shall establish a small 

business stationary source technical and 

environmental compliance assistance program 

that conforms with Title V of the 1990 Clean Air 

Act to assist small businesses to comply with 

state and federal air pollution laws. 

(2) There is created the Compliance 

Advisory Panel to advise and monitor the 

program created in Subsection (1). The seven 

panel members are: 

(a) two members who are not owners or 

representatives of owners of small business 

C - 13
stationary air pollution sources, selected by the 

governor to represent the general public; 

(b) four members who are owners or 

who represent owners of small business 

stationary sources selected by leadership of the 

Utah Legislature as follows: 

 

(i) one member selected by the majority 

leader of the Senate; 

(ii) one member selected by the 

minority leader of the Senate; 

 (iii) one member selected by the 

majority leader of the House of Representatives; 

and 

(iv) one member selected by the 

minority leader of the House of Representatives; 

and 

 (c) one member selected by the 

executive director to represent the Division of 

Air Quality, Department of Environmental 

Quality. 

(3) (a) Except as required by Subsection 

(3)(b), as terms of current panel members expire, 

the department shall appoint each new member 

or reappointed member to a four-year term. 

(b) Notwithstanding the requirements of 

Subsection (3)(a), the department shall, at the 

time of appointment or reappointment, adjust the 

length of terms to ensure that the terms of panel 

members are staggered so that approximately 

half of the panel is appointed every two years. 

(4) Members may serve more than one 

term. 

(5) Members shall hold office until the 

expiration of their terms and until their 

successors are appointed, but not more than 90 

days after the expiration of their terms. 

 (6) When a vacancy occurs in the 

membership for any reason, the replacement 

shall be appointed for the unexpired term. 

 (7) Every two years, the panel shall 

elect a chair from its members. 

 (8) (a) The panel shall meet as 

necessary to carry out its duties. Meetings may 

be called by the chair, the director, or upon 

written request of three of the members of the 

panel. 

(b) Three days' notice shall be given to 

each member of the panel prior to a meeting. 

(9) Four members constitute a quorum 

at any meeting, and the action of the majority of 

members present is the action of the panel. 

 (10) A member may not receive 

compensation or benefits for the member's 

service, but may receive per diem and travel 

expenses in accordance with: 

(a) Section 63A-3-106; 

(b) Section 63A-3-107; and 

 (c) rules made by the Division of 

Finance pursuant to Sections 63A-3-106 and 

63A-3-107 

 (9) Four members constitute a quorum 

at any meeting, and the action of the majority of 

members present is the action of the panel. 

 (10) A member may not receive 

compensation or benefits for the member's 

service, but may receive per diem and travel 

expenses in accordance with: 

 (a) Section 63A-3-106; 

 (b) Section 63A-3-107; and 

 (c) rules made by the Division of 

Finance pursuant to Sections 63A-3-106 and 

63A-3-107 expiration of their terms and until 

their successors are appointed, but not more than 

90 days after the expiration of their terms. 

C - 14
19-2-109.3. Public access to information. 

A copy of each permit application, 

compliance plan, emissions or compliance 

monitoring report, certification, and each 

operating permit issued under this chapter shall 

be made available to the public in accordance 

with Title 63, Chapter 2, Government Records 

Access and Management Act.

19-2-109.5. Private sector air quality 

permitting professionals certification 

program. 

(1) As used in this section, "AQPP" 

means an air quality permitting professional. 

 (2) The board may establish a program 

to certify private sector AQPPs, including 

consultants and employees of companies that 

may seek air quality permits from the division. 

Any program established under this section shall 

include: 

 (a) a training program established and 

operated by the department, which describes and 

explains the state law and rules regarding the air 

quality permit application and approval 

procedure under this chapter; 

 (b) the requirement to pass an exam to 

measure qualifications of AQPP applicants; 

 (c) an option for certification of an 

AQPP by passing the exam without undergoing 

any training required under the program; 

 (d) an application process, including a 

fee established under Section 63-38-3.2 that 

covers the costs of the training, testing, and 

application process and the department's 

maintenance of a list of certified AQPPs; 

 (e) certification of qualified AQPP 

applicants; 

 (f) maintenance by the department of a 

current list of certified AQPPs, which is 

available to the public; and 

 (g) procedures for the expedited review 

by the department of air quality permit 

applications submitted by certified AQPPs; and 

 (h) professional standards for AQPPs. 

 (3) The board may not require AQPP 

certification as a condition of preparing or 

submitting a notice of intent or operating permit 

application under this chapter. 

 (4) Any program under this section 

shall provide for revocation of any certification 

issued under this section if the department 

determines, through an administrative hearing 

conducted under Title 63, Chapter 46b, 

Administrative Procedures Act, that the AQPP: 

 (a) knowingly or negligently submitted 

false information or data as part of an air quality 

permit application; 

 (b) prepared more than three air quality 

permit applications in one calendar year in a 

manner that each did not substantially comply 

with department application requirements; 

 (c) prepared any air quality permit 

application in violation of the professional 

standards defined by department rule.

19-2-110. Violations -- Notice to violator --

Corrective action orders -- Conference, 

conciliation, and persuasion by director --

Hearings. 

(1) Whenever the director has reason to 

believe that a violation of any provision of this 

chapter or any rule issued under it has occurred, 

the director may serve written notice of the 

violation upon the alleged violator. The notice 

shall specify the provision of this chapter or rule 

alleged to be violated, the facts alleged to 

constitute the violation, and may include an 

order that necessary corrective action be taken 

within a reasonable time. 

 (2) Nothing in this chapter prevents the 

director from making efforts to obtain voluntary 

compliance through warning, conference, 

conciliation, persuasion, or other appropriate 

means. 

(3) Hearings may be held before an 

administrative law judge as provided by Section 

19-1-301. 

19-2-112. Generalized condition of air 

pollution creating emergency -- Sources 

causing imminent danger to health -- Powers 

of executive director -- Declaration of 

emergency. 

(1) (a) Title 63G, Chapter 4, 

C - 15
Administrative Procedures Act, and any other 

provision of law to the contrary notwithstanding, 

if the executive director finds that a generalized 

condition of air pollution exists and that it 

creates an emergency requiring immediate 

action to protect human health or safety, the 

executive director, with the concurrence of the 

governor, shall order persons causing or 

contributing to the air pollution to reduce or 

discontinue immediately the emission of air 

contaminants. 

 (b) The order shall fix a place and time, 

not later than 24 hours after its issuance, for a 

hearing to be held before the governor. 

 (c) Not more than 24 hours after the 

commencement of this hearing, and without 

adjournment of it, the governor shall affirm, 

modify, or set aside the order of the executive 

director. 

 (2) (a) In the absence of a generalized 

condition of air pollution referred to in 

Subsection (1), but if the executive director finds 

that emissions from the operation of one or more 

air contaminant sources is causing imminent 

danger to human health or safety, the executive 

director may commence adjudicative 

proceedings under Section 63G-4-502. 

 (b) Notwithstanding Section 19-1-301 

or 19-1-301.5, the executive director may 

conduct the emergency adjudicative proceeding 

in place of an administrative law judge. 

 (3) Nothing in this section limits any 

power that the governor or any other officer has 

to declare an emergency and act on the basis of 

that declaration. 

19-2-113. Variances -- Judicial review. 

 (1) (a) Any person who owns or is in 

control of any plant, building, structure, 

establishment, process, or equipment may apply 

to the board for a variance from its rules. 

 (b) The board may grant the requested 

variance following an announced public 

meeting, if it finds, after considering the 

endangerment to human health and safety and 

other relevant factors, that compliance with the 

rules from which variance is sought would 

produce serious hardship without equal or 

greater benefits to the public. 

 (2) A variance may not be granted 

under this section until the board has considered 

the relative interests of the applicant, other 

owners of property likely to be affected by the 

discharges, and the general public. 

 (3) Any variance or renewal of a 

variance shall be granted within the 

requirements of Subsection (1) and for time 

periods and under conditions consistent with the 

reasons for it, and within the following 

limitations: 

 (a) if the variance is granted on the 

grounds that there are no practicable means 

known or available for the adequate prevention, 

abatement, or control of the air pollution 

involved, it shall be only until the necessary 

means for prevention, abatement, or control 

become known and available, and subject to the 

taking of any substitute or alternate measures 

that the board may prescribe; 

 (b) (i) if the variance is granted on the 

grounds that compliance with the requirements 

from which variance is sought will require that 

measures, because of their extent or cost, must 

be spread over a long period of time, the 

variance shall be granted for a reasonable time 

that, in the view of the board, is required for 

implementation of the necessary measures; and 

 (ii) a variance granted on this ground 

shall contain a timetable for the implementation 

of remedial measures in an expeditious manner 

and shall be conditioned on adherence to the 

timetable; or 

 (c) if the variance is granted on the 

ground that it is necessary to relieve or prevent 

hardship of a kind other than that provided for in 

Subsection (a) or (b), it shall not be granted for 

more than one year. 

 (4) (a) Any variance granted under this 

section may be renewed on terms and conditions 

and for periods that would be appropriate for 

initially granting a variance. 

 (b) If a complaint is made to the board 

because of the variance, a renewal may not be 

granted unless, following an announced public 

meeting, the board finds that renewal is justified. 

 (c) To receive a renewal, an applicant 

shall submit a request for agency action to the 

board requesting a renewal. 

 (d) Immediately upon receipt of an 

C - 16
application for renewal, the board shall give 

public notice of the application as required by its 

rules. 

 (5) (a) A variance or renewal is not a 

right of the applicant or holder but may be 

granted at the board's discretion. 

 (b) A person aggrieved by the board's 

decision may obtain judicial review. 

 (c) Venue for judicial review of 

informal adjudicative proceedings is in the 

district court in which the air contaminant source 

is situated. 

 (6) (a) The board may review any 

variance during the term for which it was 

granted. 

 (b) The review procedure is the same as 

that for an original application. 

 (c) The variance may be revoked upon 

a finding that: 

 (i) the nature or amount of emission has 

changed or increased; or 

 (ii) if facts existing at the date of the 

review had existed at the time of the original 

application, the variance would not have been 

granted. 

 (7) Nothing in this section and no 

variance or renewal granted pursuant to it shall 

be construed to prevent or limit the application 

of the emergency provisions and procedures of 

Section 19-2-112 to any person or property.

19-2-114. Activities not in violation of 

chapter or rules. 

The following are not a violation of this 

chapter or of any rules made under it: 

 (1) burning incident to horticultural or 

agricultural operations of: 

 (a) prunings from trees, bushes, and 

plants; or 

 (b) dead or diseased trees, bushes, and 

plants, including stubble; 

 (2) burning of weed growth along ditch 

banks incident to clearing these ditches for 

irrigation purposes; 

 (3) controlled heating of orchards or 

other crops to lessen the chances of their being 

frozen so long as the emissions from this heating 

do not violate minimum standards set by the 

board; and 

 (4) the controlled burning of not more 

than two structures per year by an organized and 

operating fire department for the purpose of 

training fire service personnel when the United 

States Weather Service clearing index is above 

500.

19-2-115. Violations -- Penalties --

Reimbursement for expenses. 

 (1) As used in this section, the terms 

"knowingly," "willfully," and "criminal 

negligence" shall mean as defined in Section 76-

2-103. 

 (2) (a) A person who violates this 

chapter, or any rule, order, or permit issued or 

made under this chapter is subject in a civil 

proceeding to a penalty not to exceed $10,000 

per day for each violation. 

 (b) Subsection (2)(a) also applies to 

rules made under the authority of Section 19-2-

104, for implementation of 15 U.S.C.A. 2601 et 

seq., Toxic Substances Control Act, Subchapter 

II - Asbestos Hazard Emergency Response. 

 (c) Penalties assessed for violations 

described in 15 U.S.C.A. 2647, Toxic 

Substances Control Act, Subchapter II - 

Asbestos Hazard Emergency Response, may not 

exceed the amounts specified in that section and 

shall be used in accordance with that section. 

 (3) A person is guilty of a class A 

misdemeanor and is subject to imprisonment 

under Section 76-3-204 and a fine of not more 

than $25,000 per day of violation if that person 

knowingly violates any of the following under 

this chapter: 

 (a) an applicable standard or limitation; 

 (b) a permit condition; or 

 (c) a fee or filing requirement. 

 (4) A person is guilty of a third degree 

felony and is subject to imprisonment under 

Section 76-3-203 and a fine of not more than 

$25,000 per day of violation who knowingly: 

 (a) makes any false material statement, 

representation, or certification, in any notice or 

report required by permit; or 

 (b) renders inaccurate any monitoring 

device or method required to be maintained by 

this chapter or applicable rules made under this 

chapter. 

C - 17
 (5) Any fine or penalty assessed under 

Subsections (2) or (3) is in lieu of any penalty 

under Section 19-2-109.1. 

 (6) A person who willfully violates 

Section 19-2-120 is guilty of a class A 

misdemeanor. 

 (7) A person who knowingly violates 

any requirement of an applicable 

implementation plan adopted by the board, more 

than 30 days after having been notified in 

writing by the director that the person is 

violating the requirement, knowingly violates an 

order issued under Subsection 19-2-110(1), or 

knowingly handles or disposes of asbestos in 

violation of a rule made under this chapter is 

guilty of a third degree felony and subject to 

imprisonment under Section 76-3-203 and a fine 

of not more than $25,000 per day of violation in 

the case of the first offense, and not more than 

$50,000 per day of violation in the case of 

subsequent offenses. 

 (8) (a) As used in this section: 

 (i) "Hazardous air pollutant" means any 

hazardous air pollutant listed under 42 U.S.C. 

Sec. 7412 or any extremely hazardous substance 

listed under 42 U.S.C. Sec. 11002(a)(2). 

 (ii) "Organization" means a legal entity, 

other than a government, established or 

organized for any purpose, and includes a 

corporation, company, association, firm, 

partnership, joint stock company, foundation, 

institution, trust, society, union, or any other 

association of persons. 

 (iii) "Serious bodily injury" means 

bodily injury which involves a substantial risk of 

death, unconsciousness, extreme physical pain, 

protracted and obvious disfigurement, or 

protracted loss or impairment of the function of 

a bodily member, organ, or mental faculty. 

 (b) (i) A person is guilty of a class A 

misdemeanor and subject to imprisonment under 

Section 76-3-204 and a fine of not more than 

$25,000 per day of violation if that person with 

criminal negligence: 

 (A) releases into the ambient air any 

hazardous air pollutant; and 

 (B) places another person in imminent 

danger of death or serious bodily injury. 

 (ii) As used in this Subsection (8)(b), 

"person" does not include an employee who is 

carrying out the employee's normal activities 

and who is not a part of senior management 

personnel or a corporate officer. 

 (c) A person is guilty of a second 

degree felony and is subject to imprisonment 

under Section 76-3-203 and a fine of not more 

than $50,000 per day of violation if that person: 

 

 (i) knowingly releases into the ambient 

air any hazardous air pollutant; and 

 (ii) knows at the time that the person is 

placing another person in imminent danger of 

death or serious bodily injury. 

 (d) If a person is an organization, it 

shall, upon conviction of violating Subsection 

(8)(c), be subject to a fine of not more than 

$1,000,000. 

 (e) (i) A defendant who is an individual 

is considered to have acted knowingly under 

Subsections (8)(c) and (d), if: 

 (A) the defendant's conduct placed 

another person in imminent danger of death or 

serious bodily injury; and 

 (B) the defendant was aware of or 

believed that there was an imminent danger of 

death or serious bodily injury to another person. 

 (ii) Knowledge possessed by a person 

other than the defendant may not be attributed to 

the defendant. 

 (iii) Circumstantial evidence may be 

used to prove that the defendant possessed actual 

knowledge, including evidence that the 

defendant took affirmative steps to be shielded 

from receiving relevant information. 

 (f) (i) It is an affirmative defense to 

prosecution under this Subsection (8) that the 

conduct charged was freely consented to by the 

person endangered and that the danger and 

conduct charged were reasonably foreseeable 

hazards of: 

 (A) an occupation, a business, a 

profession; or 

 (B) medical treatment or medical or 

scientific experimentation conducted by 

professionally approved methods and the other 

person was aware of the risks involved prior to 

giving consent. 

 (ii) The defendant has the burden of 

proof to establish any affirmative defense under 

this Subsection (8)(f) and shall prove that 

C - 18
defense by a preponderance of the evidence. 

 (9) (a) Except as provided in Subsection 

(9)(b), and unless prohibited by federal law, all 

penalties assessed and collected under the 

authority of this section shall be deposited in the 

General Fund. 

 (b) The department may reimburse 

itself and local governments from money 

collected from civil penalties for extraordinary 

expenses incurred in environmental enforcement 

activities. 

 (c) The department shall regulate 

reimbursements by making rules in accordance 

with Title 63G, Chapter 3, Utah Administrative 

Rulemaking Act, that: 

 (i) define qualifying environmental 

enforcement activities; and 

 (ii) define qualifying extraordinary 

expenses.

19-2-116. Injunction or other remedies to 

prevent violations -- Civil actions not 

abridged. 

 (1) Action under Section 19-2-115 does 

not bar enforcement of this chapter, or any of the 

rules adopted under it or any orders made under 

it by injunction or other appropriate remedy. 

The director has the power to institute and 

maintain in the name of the state any and all 

enforcement proceedings. 

 (2) This chapter does not abridge, limit, 

impair, create, enlarge, or otherwise affect 

substantively or procedurally the right of any 

person to damages or other relief on account of 

injury to persons or property and to maintain any 

action or other appropriate proceeding for this 

purpose. 

 (3) (a) In addition to any other remedy 

created in this chapter, the director may initiate 

an action for appropriate injunctive relief: 

 (i) upon failure of any person to comply 

with: 

 (A) any provision of this chapter; 

 (B) any rule adopted under this chapter; 

or 

 (C) any final order made by the board, 

the director, or the executive director; and 

 (ii) when it appears necessary for the 

protection of health and welfare. 

 (b) The attorney general shall bring 

injunctive relief actions on request. 

 (c) A bond is not required.

19-2-117. Attorney general as legal advisor to 

board -- Duties of attorney general and 

county attorneys. 

 (1) The attorney general is the legal 

advisor to the board and the director and shall 

defend them or any of them in all actions or 

proceedings brought against them or any of 

them. 

 (2) The county attorney in the county in 

which a cause of action arises may, upon request 

of the board or the director, bring any action, 

civil or criminal, to abate a condition which 

exists in violation of, or to prosecute for the 

violation of or to enforce, this chapter or the 

standards, orders, or rules of the board or the 

director issued under this chapter. 

 (3) The director may bring any action 

and be represented by the attorney general. 

 (4) In the event any person fails to 

comply with a cease and desist order of the 

board or the director that is not subject to a stay 

pending administrative or judicial review, the 

director may initiate an action for, and is entitled 

to, injunctive relief to prevent any further or 

continued violation of the order.

19-2-118. Violation of injunction evidence of 

contempt. 

 Failure to comply with the terms of any 

injunction issued under this chapter is prima 

facie evidence of contempt which is punishable 

as for other civil contempts.

19-2-119. Civil or criminal remedies not 

excluded -- Actionable rights under chapter --

No liability for acts of God or other 

catastrophes. 

(1) Existing civil or criminal remedies 

for any wrongful action which is a violation of 

any part of the law are not excluded by this 

chapter. 

 (2) Persons other than the state or the 

C - 19
board do not acquire actionable rights by virtue 

of this chapter. 

 (3) The liabilities imposed for violation 

of this chapter are not imposed for any violation 

caused by an act of God, war, strike, riot, or 

other catastrophe.

19-2-120. Information required of owners or 

operators of air contaminant sources. 

 The owner or operator of any stationary 

air contaminant source in the state shall furnish 

to the director the reports required by rules made 

in accordance with Section 19-2-104 and any 

other information the director finds necessary to 

determine whether the source is in compliance 

with state and federal regulations and standards. 

The information shall be correlated with 

applicable emission standards or limitations and 

shall be available to the public during normal 

business hours at the office of the division.

19-2-121. Ordinances of political subdivisions 

authorized. 

 Any political subdivision of the state 

may enact and enforce ordinances to control air 

pollution that are consistent with this chapter.

19-2-122. Cooperative agreements between 

political subdivisions and department. 

 (1) Any political subdivision of the 

state may enter into and perform with other 

political subdivisions of the state or with the 

department contracts and agreements as they 

find proper for establishing, planning, operating, 

and financing air pollution programs. 

 (2) The agreements may provide for an 

agency to: 

 (a) supervise and operate an air 

pollution program; 

 (b) prescribe, subject to the approval of 

the board, the agency's powers and duties; and 

 (c) fix the compensation of the agency's 

members and employees.

19-2-123. Tax relief to encourage investment 

in facilities -- Sales and use tax exemption. 

(1) It is in the public interest of the state 

to encourage, through tax relief, investment in 

pollution control and pollution elimination 

facilities while at the same time making and 

keeping the state an attractive location for 

continued industrial development, including the 

expansion of existing plants, thereby increasing 

employment and payrolls and upgrading the 

natural resources of the state. 

 (2) All materials and equipment 

purchased, leased, or otherwise procured and 

services utilized for the construction or 

installation in a pollution control facility are 

exempt from sales and use taxes imposed by 

Title 59, Chapter 12, Sales and Use Tax Act, 

upon obtaining a certification of pollution 

control facility from the board.

19-2-124. Application for certification of 

pollution control facility -- Refunds --

Interest. 

(1) (a) A person who qualifies under 

Subsection (2) may apply to the board for 

certification of a pollution control facility or 

facilities erected, constructed, or installed, or to 

be erected, constructed, or installed in the state 

on or after July 1, 1986, but on or before June 

30, 2009. 

 (b) The person may file the application 

at any time after a firm construction contract has 

been entered or construction has commenced. 

 (2) (a) (i) A person who applies under 

Subsection (1) shall be the owner of a trade or 

business that uses property in the state requiring 

a pollution control facility to prevent or 

minimize pollution or a person who, as a lessee 

or pursuant to an agreement, conducts the trade 

or business that operates or uses the property. 

 (ii) For purposes of this Subsection (2), 

"owner" includes a contract purchaser. 

 (b) The facility shall be owned, 

operated, or leased during a part of the tax year 

in which the exemption is claimed. 

 (c) A person who obtains certification 

C - 20
for a pollution control facility may claim an 

exemption from sales and use taxes as provided 

in Sections 19-2-123 and 59-12-104 only during 

the time period beginning on or after July 1, 

1986, and ending on or before June 30, 2009. 

 (d) A person who pays a tax under Title 

59, Chapter 12, Sales and Use Tax Act, on a 

purchase of tangible personal property or 

services used in the construction of or 

incorporated into a pollution control facility that: 

 (i) is not certified under Section 19-2-

125, may obtain a refund of the tax if: 

 (A) the board subsequently certifies the 

pollution control facility; 

 (B) the tangible personal property or 

services meet the requirements for exemption 

provided in Subsections 19-2-123(2) and 59-12-

104(11), except for the certification requirement; 

and 

 (C) the person files a claim for the 

refund with the State Tax Commission within 

the lesser of: 

 (I) three years after the day on which 

the pollution control facility is certified under 

Section 19-2-125; or 

 (II) six years after the day on which the 

person pays the tax under Title 59, Chapter 12, 

Sales and Use Tax Act; or 

 (ii) is certified under Section 19-2-125, 

may obtain a refund of the tax if: 

 (A) the tangible personal property or 

services meet the requirements for exemption 

provided in Subsections 19-2-123(2) and 59-12-

104(11); and 

 (B) the person files a claim for the 

refund with the State Tax Commission within 

three years after the day on which the person 

pays the tax under Title 59, Chapter 12, Sales 

and Use Tax Act. 

 (e) (i) If a person files a claim for a 

refund of taxes under Subsection (2)(d)(i) paid 

on a purchase of tangible personal property or 

services used in the construction of or 

incorporated into a pollution control facility that 

was not certified under Section 19-2-125 at the 

time of the purchase: 

 (A) within 180 days after the day on 

which the board certifies the pollution control 

facility, interest shall accrue to the amount of the 

refund granted by the State Tax Commission: 

 (I) at the rate prescribed in Section 59-

1-402; and 

 (II) beginning on the day on which the 

person pays the tax under Title 59, Chapter 12, 

Sales and Use Tax Act, for which the person is 

claiming a refund; or 

 (B) more than 180 days after the day on 

which the board certifies the pollution control 

facility, interest shall be added to the amount of 

the refund granted by the State Tax 

Commission: 

 (I) at the rate prescribed in Section 59-

1-402; and 

 (II) beginning 30 days after the day on 

which the person files the claim for a refund 

under Subsection (2)(d). 

 (ii) If a person files a claim for a refund 

of taxes under Subsection (2)(d)(ii) paid on a 

purchase of tangible personal property or 

services used in the construction of or 

incorporated into a pollution control facility that 

was certified under Section 19-2-125 at the time 

of the purchase, interest shall accrue to the 

amount of the refund granted by the State Tax 

Commission: 

 (A) at the rate prescribed in Section 59-

1-402; and 

 (B) beginning 30 days after the day on 

which the person files a claim for a refund under 

Subsection (2)(d). 

 (3) (a) Each application shall be in a 

format prescribed by the board, contain a 

description of the facilities and materials 

incorporated in them, the machinery and 

equipment, the existing or proposed operational 

procedure, and a statement of the purpose of 

pollution prevention, control, or reduction 

served or to be served by the facility. 

 (b) The board may require any further 

information it finds necessary before issuance of 

a certificate.

19-2-125. Action on application for 

certification. 

 (1) (a) If the board, after consulting 

with the State Tax Commission, finds that a 

pollution control facility or a part of a pollution 

control facility, for which application is made 

C - 21
under Section 19-2-124 was or is to be erected, 

constructed, acquired, or installed on or after 

July 1, 1986, but on or before June 30, 2009, and 

is designed and is being operated or will operate 

primarily to prevent, control, or reduce air or 

water pollution, and that the applicant qualifies 

under Section 19-2-124, the board shall certify 

the facility. 

 (b) If one or more facilities constitute 

an operational unit, the board may certify those 

facilities under one certificate. 

 (2) (a) The board and the State Tax 

Commission shall act on an application under 

Section 19-2-124 before the 120th day after 

filing. 

 (b) Failure of the board and the State 

Tax Commission to timely act constitutes 

automatic acceptance of the application and the 

board shall furnish a certificate to the applicant 

on demand.

19-2-126. Revocation of certification --

Grounds -- Procedure. 

 (1) (a) The board, after consulting with 

the State Tax Commission, may revoke the 

certification issued under Section 19-2-125 of 

any pollution control facility if it finds that the: 

 (i) certification was obtained by fraud 

or gross misrepresentation; or 

 (ii) holder of the certificate has failed 

substantially to operate the facility for the 

purpose of, and to the extent necessary to 

prevent, control, or reduce air or water pollution 

as specified in the certificate. 

 (b) A shutdown of the facility due to 

force majeure, including obsolescence, is not 

cause to revoke certification of any facility. 

 (2) (a) The board shall provide notice of 

the revocation by issuing a notice of agency 

action. 

 (b) The holder of the certificate may 

obtain judicial review of the revocation. 

 (c) The revocation is final and 

conclusive unless an appeal is taken. 

 (d) If the revocation is affirmed on 

appeal, revocation is final on the date notice of 

revocation was received by the holder. 

 (3) As soon as a revocation under this 

section is final, the board shall notify the State 

Tax Commission of the revocation. 

 (4) (a) If the certification of a pollution 

control facility is revoked, all prior tax relief 

provided to the holder because of the certificate 

is forfeited. 

 (b) The State Tax Commission shall 

collect taxes not paid by the holder because of 

the tax relief provided the holder to the extent 

permitted by the applicable statute of limitations.

19-2-127. Rules for administering 

certification for tax relief. 

 In addition to the powers granted it, the 

board may formulate, amend, or cancel rules 

establishing procedures for processing and 

evaluating applications for certification, 

establishing procedures for the issuance and 

revocation of certificates, and all other matters 

pertaining to the board in administering 

certification for tax relief on pollution control 

facilities.

C - 22
Utah Administrative Rulemaking Act 

Utah Code Title 63G, Chapter 3 (Feb 13, 2014) 

63G-3-101. Title. ........................................................................................................................................................ 1

63G-3-102. Definitions. .............................................................................................................................................. 1

63G-3-201. When rulemaking is required. .................................................................................................................. 3

63G-3-202. Rules having the effect of law ................................................................................................................. 4

63G-3-301. Rulemaking procedure ............................................................................................................................. 4

63G-3-302. Public hearings ........................................................................................................................................ 6

63G-3-303. Changes in rules....................................................................................................................................... 7

63G-3-304. Emergency rulemaking procedure ........................................................................................................... 7

63G-3-305. Agency review of rules -- Schedule of filings -- Limited exemption for certain rules ............................ 8

63G-3-401. Division of Administrative Rules created -- Appointment of director..................................................... 9

63G-3-402. Division of Administrative Rules -- Duties generally ............................................................................. 9

63G-3-403. Repeal and reenactment of Utah Administrative Code ..........................................................................10

63G-3-501. Administrative Rules Review Committee ...........................................................................................12

63G-3-502. Legislative reauthorization of agency rules -- Extension of rules by governor. ....................................13

63G-3-601. Interested parties -- Petition for agency action ......................................................................................14

63G-3-602. Judicial challenge to administrative rules ..............................................................................................14

63G-3-603. Time for contesting a rule -- Statute of limitations. ...............................................................................16

63G-3-701. Utah Administrative Code as official compilation of rules -- Judicial notice. .......................................16

63G-3-702. Utah Administrative Code -- Organization -- Official compilation. ......................................................16

____________________________________________________________________________________________

63G-3-101. Title.

 This chapter is known as the "Utah Administrative Rulemaking Act." 

Renumbered and Amended by Chapter 382, 2008 General Session 

63G-3-102. Definitions.

 As used in this chapter: 

 (1) "Administrative record" means information an agency relies upon when making a 

rule under this chapter including: 

 (a) the proposed rule, change in the proposed rule, and the rule analysis form; 

 (b) the public comment received and recorded by the agency during the public comment 

period; 

 (c) the agency's response to the public comment; 

 (d) the agency's analysis of the public comment; and 

 (e) the agency's report of its decision-making process. 

 (2) "Agency" means each state board, authority, commission, institution, department, 

division, officer, or other state government entity other than the Legislature, its committees, the 

political subdivisions of the state, or the courts, which is authorized or required by law to make 

C - 23
rules, adjudicate, grant or withhold licenses, grant or withhold relief from legal obligations, or 

perform other similar actions or duties delegated by law. 

 (3) "Bulletin" means the Utah State Bulletin. 

 (4) "Catchline" means a short summary of each section, part, rule, or title of the code 

that follows the section, part, rule, or title reference placed before the text of the rule and serves 

the same function as boldface in legislation as described in Section 68-3-13. 

 (5) "Code" means the body of all effective rules as compiled and organized by the 

division and entitled "Utah Administrative Code." 

 (6) "Director" means the director of the Division of Administrative Rules. 

 (7) "Division" means the Division of Administrative Rules. 

 (8) "Effective" means operative and enforceable. 

 (9) (a) "File" means to submit a document to the division as prescribed by the division. 

 (b) "Filing date" means the day and time the document is recorded as received by the 

division. 

 (10) "Interested person" means any person affected by or interested in a proposed rule, 

amendment to an existing rule, or a nonsubstantive change made under Section 63G-3-402. 

 (11) "Order" means an agency action that determines the legal rights, duties, privileges, 

immunities, or other interests of one or more specific persons, but not a class of persons. 

 (12) "Person" means any individual, partnership, corporation, association, governmental 

entity, or public or private organization of any character other than an agency. 

 (13) "Publication" or "publish" means making a rule available to the public by including 

the rule or a summary of the rule in the bulletin. 

 (14) "Publication date" means the inscribed date of the bulletin. 

 (15) "Register" may include an electronic database. 

 (16) (a) "Rule" means an agency's written statement that: 

 (i) is explicitly or implicitly required by state or federal statute or other applicable law; 

 (ii) implements or interprets a state or federal legal mandate; and 

 (iii) applies to a class of persons or another agency. 

 (b) "Rule" includes the amendment or repeal of an existing rule. 

 (c) "Rule" does not mean: 

 (i) orders; 

 (ii) an agency's written statement that applies only to internal management and that does 

not restrict the legal rights of a public class of persons or another agency; 

 (iii) the governor's executive orders or proclamations; 

 (iv) opinions issued by the attorney general's office; 

 (v) declaratory rulings issued by the agency according to Section 63G-4-503 except as 

required by Section 63G-3-201; 

 (vi) rulings by an agency in adjudicative proceedings, except as required by Subsection 

63G-3-201(6); or 

 (vii) an agency written statement that is in violation of any state or federal law. 

 (17) "Rule analysis" means the format prescribed by the division to summarize and 

analyze rules. 

 (18) "Small business" means a business employing fewer than 50 persons. 

 (19) "Substantive change" means a change in a rule that affects the application or results 

of agency actions. 

C - 24
Renumbered and Amended by Chapter 382, 2008 General Session 

63G-3-201. When rulemaking is required.

 (1) Each agency shall: 

 (a) maintain a current version of its rules; and 

 (b) make it available to the public for inspection during its regular business hours. 

 (2) In addition to other rulemaking required by law, each agency shall make rules when 

agency action: 

 (a) authorizes, requires, or prohibits an action; 

 (b) provides or prohibits a material benefit; 

 (c) applies to a class of persons or another agency; and 

 (d) is explicitly or implicitly authorized by statute. 

 (3) Rulemaking is also required when an agency issues a written interpretation of a state 

or federal legal mandate. 

 (4) Rulemaking is not required when: 

 (a) agency action applies only to internal agency management, inmates or residents of a 

state correctional, diagnostic, or detention facility, persons under state legal custody, patients 

admitted to a state hospital, members of the state retirement system, or students enrolled in a 

state education institution; 

 (b) a standardized agency manual applies only to internal fiscal or administrative details 

of governmental entities supervised under statute; 

 (c) an agency issues policy or other statements that are advisory, informative, or 

descriptive, and do not conform to the requirements of Subsections (2) and (3); or 

 (d) an agency makes nonsubstantive changes in a rule, except that the agency shall file 

all nonsubstantive changes in a rule with the division. 

 (5) (a) A rule shall enumerate any penalty authorized by statute that may result from its 

violation, subject to Subsections (5)(b) and (c). 

 (b) A violation of a rule may not be subject to the criminal penalty of a class C 

misdemeanor or greater offense, except as provided under Subsection (5)(c). 

 (c) A violation of a rule may be subject to a class C or greater criminal penalty under 

Subsection (5)(a) when: 

 (i) authorized by a specific state statute; 

 (ii) a state law and programs under that law are established in order for the state to 

obtain or maintain primacy over a federal program; or 

 (iii) state civil or criminal penalties established by state statute regarding the program 

are equivalent to or less than corresponding federal civil or criminal penalties. 

 (6) Each agency shall enact rules incorporating the principles of law not already in its 

rules that are established by final adjudicative decisions within 120 days after the decision is 

announced in its cases. 

 (7) (a) Each agency may enact a rule that incorporates by reference: 

 (i) all or any part of another code, rule, or regulation that has been adopted by a federal 

agency, an agency or political subdivision of this state, an agency of another state, or by a 

nationally recognized organization or association; 

 (ii) state agency implementation plans mandated by the federal government for 

participation in the federal program; 

C - 25
 (iii) lists, tables, illustrations, or similar materials that are subject to frequent change, 

fully described in the rule, and are available for public inspection; or 

 (iv) lists, tables, illustrations, or similar materials that the director determines are too 

expensive to reproduce in the administrative code. 

 (b) Rules incorporating materials by reference shall: 

 (i) be enacted according to the procedures outlined in this chapter; 

 (ii) state that the referenced material is incorporated by reference; 

 (iii) state the date, issue, or version of the material being incorporated; and 

 (iv) define specifically what material is incorporated by reference and identify any 

agency deviations from it. 

 (c) The agency shall identify any substantive changes in the material incorporated by 

reference by following the rulemaking procedures of this chapter. 

 (d) The agency shall maintain a complete and current copy of the referenced material 

available for public review at the agency and at the division. 

 (8) (a) This chapter is not intended to inhibit the exercise of agency discretion within the 

limits prescribed by statute or agency rule. 

 (b) An agency may enact a rule creating a justified exception to a rule. 

 (9) An agency may obtain assistance from the attorney general to ensure that its rules 

meet legal and constitutional requirements. 

Amended by Chapter 347, 2009 General Session 

63G-3-202. Rules having the effect of law.

 (1) An agency's written statement is a rule if it conforms to the definition of a rule under 

Section 63G-3-102, but the written statement is not enforceable unless it is made as a rule in 

accordance with the requirements of this chapter. 

 (2) An agency's written statement that is made as a rule in accordance with the 

requirements of this chapter is enforceable and has the effect of law. 

Renumbered and Amended by Chapter 382, 2008 General Session 

63G-3-301. Rulemaking procedure.

 (1) An agency authorized to make rules is also authorized to amend or repeal those 

rules. 

 (2) Except as provided in Sections 63G-3-303 and 63G-3-304, when making, amending, 

or repealing a rule agencies shall comply with: 

 (a) the requirements of this section; 

 (b) consistent procedures required by other statutes; 

 (c) applicable federal mandates; and 

 (d) rules made by the division to implement this chapter. 

 (3) Subject to the requirements of this chapter, each agency shall develop and use 

flexible approaches in drafting rules that meet the needs of the agency and that involve persons 

affected by the agency's rules. 

 (4) (a) Each agency shall file its proposed rule and rule analysis with the division. 

 (b) Rule amendments shall be marked with new language underlined and deleted 

language struck out. 

C - 26
 (c) (i) The division shall publish the information required under Subsection (8) on the 

rule analysis and the text of the proposed rule in the next issue of the bulletin. 

(ii) For rule amendments, only the section or subsection of the rule being amended need 

be printed. 

 (iii) If the director determines that the rule is too long to publish, the director shall 

publish the rule analysis and shall publish the rule by reference to a copy on file with the 

division. 

 (5) Prior to filing a rule with the division, the department head shall consider and 

comment on the fiscal impact a rule may have on businesses. 

 (6) If the agency reasonably expects that a proposed rule will have a measurable 

negative fiscal impact on small businesses, the agency shall consider, as allowed by federal law, 

each of the following methods of reducing the impact of the rule on small businesses: 

 (a) establishing less stringent compliance or reporting requirements for small 

businesses; 

 (b) establishing less stringent schedules or deadlines for compliance or reporting 

requirements for small businesses; 

 (c) consolidating or simplifying compliance or reporting requirements for small 

businesses; 

 (d) establishing performance standards for small businesses to replace design or 

operational standards required in the proposed rule; and 

 (e) exempting small businesses from all or any part of the requirements contained in the 

proposed rule. 

 (7) If during the public comment period an agency receives comment that the proposed 

rule will cost small business more than one day's annual average gross receipts, and the agency 

had not previously performed the analysis in Subsection (6), the agency shall perform the 

analysis described in Subsection (6). 

 (8) The rule analysis shall contain: 

 (a) a summary of the rule or change; 

 (b) the purpose of the rule or reason for the change; 

 (c) the statutory authority or federal requirement for the rule; 

 (d) the anticipated cost or savings to: 

 (i) the state budget; 

 (ii) local governments; 

 (iii) small businesses; and 

 (iv) persons other than small businesses, businesses, or local governmental entities; 

 (e) the compliance cost for affected persons; 

 (f) how interested persons may review the full text of the rule; 

 (g) how interested persons may present their views on the rule; 

 (h) the time and place of any scheduled public hearing; 

 (i) the name and telephone number of an agency employee who may be contacted about 

the rule; 

 (j) the name of the agency head or designee who authorized the rule; 

 (k) the date on which the rule may become effective following the public comment 

period; and 

 (l) comments by the department head on the fiscal impact the rule may have on 

businesses. 

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 (9) (a) For a rule being repealed and reenacted, the rule analysis shall contain a 

summary that generally includes the following: 

 (i) a summary of substantive provisions in the repealed rule which are eliminated from 

the enacted rule; and 

 (ii) a summary of new substantive provisions appearing only in the enacted rule. 

 (b) The summary required under this Subsection (9) is to aid in review and may not be 

used to contest any rule on the ground of noncompliance with the procedural requirements of this 

chapter. 

 (10) A copy of the rule analysis shall be mailed to all persons who have made timely 

request of the agency for advance notice of its rulemaking proceedings and to any other person 

who, by statutory or federal mandate or in the judgment of the agency, should also receive 

notice. 

 (11) (a) Following the publication date, the agency shall allow at least 30 days for 

public comment on the rule. 

 (b) The agency shall review and evaluate all public comments submitted in writing 

within the time period under Subsection (11)(a) or presented at public hearings conducted by the 

agency within the time period under Subsection (11)(a). 

 (12) (a) Except as provided in Sections 63G-3-303 and 63G-3-304, a proposed rule 

becomes effective on any date specified by the agency that is no fewer than seven calendar days 

after the close of the public comment period under Subsection (11), nor more than 120 days after 

the publication date. 

 (b) The agency shall provide notice of the rule's effective date to the division in the form 

required by the division. 

 (c) The notice of effective date may not provide for an effective date prior to the date it 

is received by the division. 

 (d) The division shall publish notice of the effective date of the rule in the next issue of 

the bulletin. 

 (e) A proposed rule lapses if a notice of effective date or a change to a proposed rule is 

not filed with the division within 120 days of publication. 

 (13) (a) As used in this Subsection (13), "initiate rulemaking proceedings" means the 

filing, for the purposes of publication in accordance with Subsection (4), of an agency's proposed 

rule that is required by state statute. 

 (b) A state agency shall initiate rulemaking proceedings no later than 180 days after the 

effective date of the statutory provision that specifically requires the rulemaking, except under 

Subsection (13)(c). 

 (c) When a statute is enacted that requires agency rulemaking and the affected agency 

already has rules in place that meet the statutory requirement, the agency shall submit the rules to 

the Administrative Rules Review Committee for review within 60 days after the statute requiring 

the rulemaking takes effect. 

 (d) If a state agency does not initiate rulemaking proceedings in accordance with the 

time requirements in Subsection (13)(b), the state agency shall appear before the legislative 

Administrative Rules Review Committee and provide the reasons for the delay. 

Amended by Chapter 93, 2009 General Session 

63G-3-302. Public hearings.

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 (1) Each agency may hold a public hearing on a proposed rule, amendment to a rule, or 

repeal of a rule during the public comment period. 

 (2) Each agency shall hold a public hearing on a proposed rule, amendment to a rule, or 

repeal of a rule if: 

 (a) a public hearing is required by state or federal mandate; 

 (b) (i) another state agency, 10 interested persons, or an interested association having 

not fewer than 10 members request a public hearing; and 

 (ii) the agency receives the request in writing not more than 15 days after the 

publication date of the proposed rule. 

 (3) The agency shall hold the hearing: 

 (a) before the rule becomes effective; and 

 (b) no less than seven days nor more than 30 days after receipt of the request for 

hearing. 

Renumbered and Amended by Chapter 382, 2008 General Session 

63G-3-303. Changes in rules.

 (1) (a) To change a proposed rule already published in the bulletin, an agency shall file 

with the division: 

 (i) the text of the changed rule; and 

 (ii) a rule analysis containing a description of the change and the information required 

by Section 63G-3-301. 

 (b) A change to a proposed rule may not be filed more than 120 days after publication 

of the rule being changed. 

 (c) The division shall publish the rule analysis for the changed rule in the bulletin. 

 (d) The changed proposed rule and its associated proposed rule will become effective on 

a date specified by the agency, not less than 30 days or more than 120 days after publication of 

the last change in proposed rule. 

 (e) A changed proposed rule and its associated proposed rule lapse if a notice of 

effective date or another change to a proposed rule is not filed with the division within 120 days 

of publication of the last change in proposed rule. 

 (2) If the rule change is nonsubstantive: 

 (a) the agency need not comply with the requirements of Subsection (1); and 

 (b) the agency shall notify the division of the change in writing. 

 (3) If the rule is effective, the agency shall amend the rule according to the procedures 

specified in Section 63G-3-301. 

Renumbered and Amended by Chapter 382, 2008 General Session 

63G-3-304. Emergency rulemaking procedure.

 (1) All agencies shall comply with the rulemaking procedures of Section 63G-3-301 

unless an agency finds that these procedures would: 

 (a) cause an imminent peril to the public health, safety, or welfare; 

 (b) cause an imminent budget reduction because of budget restraints or federal 

requirements; or 

 (c) place the agency in violation of federal or state law. 

C - 29
 (2) (a) When finding that its rule is excepted from regular rulemaking procedures by this 

section, the agency shall file with the division: 

 (i) the text of the rule; and 

 (ii) a rule analysis that includes the specific reasons and justifications for its findings. 

 (b) The division shall publish the rule in the bulletin as provided in Subsection 

63G-3-301(4). 

 (c) The agency shall notify interested persons as provided in Subsection 63G-3-301(10). 

 (d) The rule becomes effective for a period not exceeding 120 days on the date of filing 

or any later date designated in the rule. 

 (3) If the agency intends the rule to be effective beyond 120 days, the agency shall also 

comply with the procedures of Section 63G-3-301. 

Amended by Chapter 300, 2008 General Session 

Renumbered and Amended by Chapter 382, 2008 General Session 

63G-3-305. Agency review of rules -- Schedule of filings --

Limited exemption for certain rules.

 (1) Each agency shall review each of its rules within five years of the rule's original 

effective date or within five years of the filing of the last five-year review, whichever is later. 

Rules effective prior to 1992 need not be reviewed until 1997. 

 (2) An agency may consider any substantial review of a rule to be a five-year review. 

If the agency chooses to consider a review a five-year review, it shall follow the procedures 

outlined in Subsection (3). 

 (3) At the conclusion of its review, the agency shall file a notice of review on or before 

the anniversary date indicating its intent to continue, amend, or repeal the rule. 

 (a) If the agency continues the rule, it shall file a statement which includes: 

 (i) a concise explanation of the particular statutory provisions under which the rule is 

enacted and how these provisions authorize or require the rule; 

 (ii) a summary of written comments received during and since the last five-year review 

of the rule from interested persons supporting or opposing the rule; and 

 (iii) a reasoned justification for continuation of the rule, including reasons why the 

agency disagrees with comments in opposition to the rule, if any. 

 (b) If the agency repeals the rule, it shall comply with Section 63G-3-301. 

 (c) If the agency amends and continues the rule, it shall comply with the requirements of 

Section 63G-3-301 and file the statement required in Subsection (3)(a). 

 (4) (a) The division shall publish the notice and statement in the bulletin. 

 (b) The division may schedule the publication of agency notices and statements, 

provided that no notice and statement shall be published more than one year after the review 

deadline established under Subsection (1). 

 (5) The division shall notify an agency of rules due for review at least 180 days prior to 

the anniversary date. 

 (6) If an agency finds that it will not meet the deadline established in Subsection (1): 

 (a) the agency may file an extension prior to the anniversary date with the division 

indicating the reason for the extension; and 

 (b) the division shall publish notice of the extension in the next issue of the bulletin. 

 (7) An extension permits the agency to file a notice no more than 120 days after the 

C - 30
anniversary date. 

 (8) If an agency fails to file a notice of review or extension on or before the date 

specified in the notice mandated in Subsection (5), the division shall: 

 (a) publish a notice in the next issue of the bulletin that the rule has expired and is no 

longer enforceable; 

 (b) remove the rule from the code; and 

 (c) notify the agency that the rule has expired. 

 (9) After a rule expires, an agency must comply with the requirements of Section 

63G-3-301 to reenact the rule. 

Amended by Chapter 384, 2012 General Session 

63G-3-401. Division of Administrative Rules created --

Appointment of director.

 (1) There is created within the Department of Administrative Services the Division of 

Administrative Rules, to be administered by a director. 

 (2) The director of administrative rules shall be appointed by the executive director with 

the approval of the governor. 

Renumbered and Amended by Chapter 382, 2008 General Session 

63G-3-402. Division of Administrative Rules -- Duties 

generally.

 (1) The Division of Administrative Rules shall: 

 (a) establish all filing, publication, and hearing procedures necessary to make rules 

under this chapter; 

 (b) record in a register the receipt of all agency rules, rule analysis forms, and notices of 

effective dates; 

 (c) make the register, copies of all proposed rules, and rulemaking documents available 

for public inspection; 

 (d) publish all proposed rules, rule analyses, notices of effective dates, and review 

notices in the bulletin at least monthly, except that the division may publish the complete text of 

any proposed rule that the director determines is too long to print or too expensive to publish by 

reference to the text maintained by the division; 

 (e) compile, format, number, and index all effective rules in an administrative code, and 

periodically publish that code and supplements or revisions to it; 

 (f) publish a digest of all rules and notices contained in the most recent bulletin; 

 (g) publish at least annually an index of all changes to the administrative code and the 

effective date of each change; 

 (h) print, or contract to print, all rulemaking publications the division determines 

necessary to implement this chapter; 

 (i) distribute without charge the bulletin and administrative code to state-designated 

repositories, the Administrative Rules Review Committee, the Office of Legislative Research 

and General Counsel, and the two houses of the Legislature; 

 (j) distribute without charge the digest and index to state legislators, agencies, political 

C - 31
subdivisions on request, and the Office of Legislative Research and General Counsel; 

 (k) distribute, at prices covering publication costs, all paper rulemaking publications to 

all other requesting persons and agencies; 

 (l) provide agencies assistance in rulemaking; 

 (m) if the Department of Administrative Services operates the division as an internal 

service fund agency in accordance with Section 63A-1-109.5, submit to the Rate Committee 

established in Section 63A-1-114: 

 (i) the proposed rate and fee schedule as required by Section 63A-1-114; and 

 (ii) other information or analysis requested by the Rate Committee; and 

 (n) administer this chapter and require state agencies to comply with filing, publication, 

and hearing procedures. 

 (2) The division may after notifying the agency make nonsubstantive changes to rules 

filed with the division or published in the bulletin or code by: 

 (a) implementing a uniform system of formatting, punctuation, capitalization, 

organization, numbering, and wording; 

 (b) correcting obvious errors and inconsistencies in punctuation, capitalization, 

numbering, referencing, and wording; 

 (c) changing a catchline to more accurately reflect the substance of each section, part, 

rule, or title; 

 (d) updating or correcting annotations associated with a section, part, rule, or title; and 

 (e) merging or determining priority of any amendment, enactment, or repeal to the same 

rule or section made effective by an agency. 

 (3) In addition, the division may make the following nonsubstantive changes with the 

concurrence of the agency: 

 (a) eliminate duplication within rules; 

 (b) eliminate obsolete and redundant words; and 

 (c) correcting defective or inconsistent section and paragraph structure in arrangement 

of the subject matter of rules. 

 (4) For nonsubstantive changes made in accordance with Subsection (2) or (3) after 

publication of the rule in the bulletin, the division shall publish a list of nonsubstantive changes 

in the bulletin. For each nonsubstantive change, the list shall include: 

 (a) the affected code citation; 

 (b) a brief description of the change; and 

 (c) the date the change was made. 

 (5) All funds appropriated or collected for publishing the division's publications shall be 

nonlapsing. 

Amended by Chapter 341, 2010 General Session 

63G-3-403. Repeal and reenactment of Utah 

Administrative Code.

 (1) When the director determines that the Utah Administrative Code requires extensive 

revision and reorganization, the division may repeal the code and reenact a new code according 

to the requirements of this section. 

 (2) The division may: 

 (a) reorganize, reformat, and renumber the code; 

C - 32
 (b) require each agency to review its rules and make any organizational or substantive 

changes according to the requirements of Section 63G-3-303; and 

 (c) require each agency to prepare a brief summary of all substantive changes made by 

the agency. 

 (3) The division may make nonsubstantive changes in the code by: 

 (a) adopting a uniform system of punctuation, capitalization, numbering, and wording; 

 (b) eliminating duplication; 

 (c) correcting defective or inconsistent section and paragraph structure in arrangement 

of the subject matter of rules; 

 (d) eliminating all obsolete or redundant words; 

 (e) correcting obvious errors and inconsistencies in punctuation, capitalization, 

numbering, referencing, and wording; 

 (f) changing a catchline to more accurately reflect the substance of each section, part, 

rule, or title; 

 (g) updating or correcting annotations associated with a section, part, rule, or title; and 

 (h) merging or determining priority of any amendment, enactment, or repeal to the same 

rule or section made effective by an agency. 

 (4) (a) To inform the public about the proposed code reenactment, the division shall 

publish in the bulletin: 

 (i) notice of the code reenactment; 

 (ii) the date, time, and place of a public hearing where members of the public may 

comment on the proposed reenactment of the code; 

 (iii) locations where the proposed reenactment of the code may be reviewed; and 

 (iv) agency summaries of substantive changes in the reenacted code. 

 (b) To inform the public about substantive changes in agency rules contained in the 

proposed reenactment, each agency shall: 

 (i) make the text of their reenacted rules available: 

 (A) for public review during regular business hours; and 

 (B) in an electronic version; and 

 (ii) comply with the requirements of Subsection 63G-3-301(10). 

 (5) The division shall hold a public hearing on the proposed code reenactment no fewer 

than 30 days nor more than 45 days after the publication required by Subsection (4)(a). 

 (6) The division shall distribute complete text of the proposed code reenactment without 

charge to: 

 (a) state-designated repositories in Utah; 

 (b) the Administrative Rules Review Committee; and 

 (c) the Office of Legislative Research and General Counsel. 

 (7) The former code is repealed and the reenacted code is effective at noon on a date 

designated by the division that is not fewer than 45 days nor more than 90 days after the 

publication date required by this section. 

 (8) Repeal and reenactment of the code meets the requirements of Section 63G-3-305 

for a review of all agency rules. 

Amended by Chapter 300, 2008 General Session 

Renumbered and Amended by Chapter 382, 2008 General Session 

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63G-3-501. Administrative Rules Review Committee.

 (1) (a) There is created an Administrative Rules Review Committee of 10 permanent 

members and four ex officio members. 

 (b) (i) The committee's permanent members shall be composed of five members of the 

Senate, appointed by the president of the Senate, and five members of the House, appointed by 

the speaker of the House, with no more than three senators and three representatives from the 

same political party. 

 (ii) The permanent members shall convene at least once each month as a committee to 

review new agency rules, amendments to existing agency rules, and repeals of existing agency 

rules. Meetings may be suspended at the discretion of the committee chairs. 

 (iii) Members shall serve for two-year terms or until their successors are appointed. 

 (iv) A vacancy exists whenever a committee member ceases to be a member of the 

Legislature, or when a member resigns from the committee. Vacancies shall be filled by the 

appointing authority, and the replacement shall serve out the unexpired term. 

 (c) When the committee reviews existing rules, the committee's permanent members 

shall invite the Senate and House chairmen of the standing committee and the Senate and House 

chairmen of the appropriation subcommittee that have jurisdiction over the agency whose 

existing rules are being reviewed to participate as nonvoting, ex officio members with the 

committee. 

 (d) Three representatives and three senators from the permanent members are a quorum 

for the transaction of business at any meeting. 

 (2) Each agency rule as defined in Section 63G-3-102 shall be submitted to the 

committee at the same time public notice is given under Section 63G-3-301. 

 (3) (a) The committee shall exercise continuous oversight of the process of rulemaking. 

 (b) The committee shall examine rules submitted by each agency to determine: 

 (i) whether or not they are authorized by statute; 

 (ii) whether or not they comply with legislative intent; 

 (iii) their impact on the economy and the government operations of the state and local 

political subdivisions; and 

 (iv) their impact on affected persons. 

 (c) To carry out these duties, the committee may examine any other issues that it 

considers necessary. The committee may also notify and refer rules to the chairmen of the 

interim committee which has jurisdiction over a particular agency when the committee 

determines that an issue involved in an agency's rules may be more appropriately addressed by 

that committee. 

 (d) In reviewing the rules, the committee shall follow generally accepted principles of 

statutory construction. 

 (4) The committee may request that the Office of the Legislative Fiscal Analyst prepare 

a fiscal note on any rule. 

 (5) In order to accomplish its oversight functions, the committee has all the powers 

granted to legislative interim committees as set forth in Section 36-12-11. 

 (6) (a) The committee may prepare written findings of its review of each rule and may 

include any recommendations, including legislative action. 

 (b) The committee shall provide to the agency that enacted the rule: 

 (i) its findings, if any; and 

 (ii) a request that the agency notify the committee of any changes it makes in the rule. 

C - 34
 (c) The committee shall provide its findings to any member of the Legislature and to 

any person affected by the rule who requests the findings. 

 (d) The committee shall provide its findings to the presiding officers of both the House 

and the Senate, Senate and House chairs of the standing committee, and the Senate and House 

chairs of the Appropriation Subcommittee that have jurisdiction over the agency whose rules are 

the subject of the findings. 

 (7) (a) The committee may submit a report on its review of state agency rules to each 

member of the Legislature at each regular session. 

 (b) The report shall include: 

 (i) the findings and recommendations made by the committee under Subsection (6); 

 (ii) any action taken by an agency in response to committee recommendations; and 

 (iii) any recommendations by the committee for legislation. 

Renumbered and Amended by Chapter 382, 2008 General Session 

63G-3-502. Legislative reauthorization of agency rules -- Extension of rules 

by governor.

 (1) All grants of rulemaking power from the Legislature to a state agency in any statute 

are made subject to the provisions of this section. 

 (2) (a) Except as provided in Subsection (2)(b), every agency rule that is in effect on 

February 28 of any calendar year expires on May 1 of that year unless it has been reauthorized 

by the Legislature. 

 (b) Notwithstanding the provisions of Subsection (2)(a), an agency's rules do not expire 

if: 

 (i) the rule is explicitly mandated by a federal law or regulation; or 

 (ii) a provision of Utah's constitution vests the agency with specific constitutional 

authority to regulate. 

 (3) (a) The Administrative Rules Review Committee shall have omnibus legislation 

prepared for consideration by the Legislature during its annual general session. 

 (b) The omnibus legislation shall be substantially in the following form: "All rules of 

Utah state agencies are reauthorized except for the following:". 

 (c) Before sending the legislation to the governor for the governor's action, the 

Administrative Rules Review Committee may send a letter to the governor and to the agency 

explaining specifically why the committee believes any rule should not be reauthorized. 

 (d) For the purpose of this section, the entire rule, a single section, or any complete 

paragraph of a rule may be excepted for reauthorization in the omnibus legislation considered by 

the Legislature. 

 (4) The Legislature's reauthorization of a rule by legislation does not constitute 

legislative approval of the rule, nor is it admissible in any proceeding as evidence of legislative 

intent. 

 (5) (a) If an agency believes that a rule that has not been reauthorized by the Legislature 

or that will be allowed to expire should continue in full force and effect and is a rule within their 

authorized rulemaking power, the agency may seek the governor's declaration extending the rule 

beyond the expiration date. 

 (b) In seeking the extension, the agency shall submit a petition to the governor that 

C - 35
affirmatively states: 

 (i) that the rule is necessary; and 

 (ii) a citation to the source of its authority to make the rule. 

 (c) (i) If the governor finds that the necessity does exist, and that the agency has the 

authority to make the rule, the governor may declare the rule to be extended by publishing that 

declaration in the Administrative Rules Bulletin on or before April 15 of that year. 

 (ii) The declaration shall set forth the rule to be extended, the reasons the extension is 

necessary, and a citation to the source of the agency's authority to make the rule. 

 (d) If the omnibus bill required by Subsection (3) fails to pass both houses of the 

Legislature or is found to have a technical legal defect preventing reauthorization of 

administrative rules intended to be reauthorized by the Legislature, the governor may declare all 

rules to be extended by publishing a single declaration in the Administrative Rules Bulletin on or 

before June 15 without meeting requirements of Subsections (5)(b) and (c). 

Renumbered and Amended by Chapter 382, 2008 General Session 

63G-3-601. Interested parties -- Petition for agency 

action.

 (1) As used in this section, "initiate rulemaking proceedings" means the filing, for the 

purposes of publication in accordance with Subsection 63G-3-301(4), of an agency's proposed 

rule to implement a petition for the making, amendment, or repeal of a rule as provided in this 

section. 

 (2) An interested person may petition an agency to request the making, amendment, or 

repeal of a rule. 

 (3) The division shall prescribe by rule the form for petitions and the procedure for their 

submission, consideration, and disposition. 

 (4) A statement shall accompany the proposed rule, or proposed amendment or repeal of 

a rule, demonstrating that the proposed action is within the jurisdiction of the agency and 

appropriate to the powers of the agency. 

 (5) Within 60 days after submission of a petition, the agency shall either deny the 

petition in writing, stating its reasons for the denial, or initiate rulemaking proceedings. 

 (6) (a) If the petition is submitted to a board that has been granted rulemaking authority 

by the Legislature, the board shall, within 45 days of the submission of the petition, place the 

petition on its agenda for review. 

 (b) Within 80 days of the submission of the petition, the board shall either: 

 (i) deny the petition in writing stating its reasons for denial; or 

 (ii) initiate rulemaking proceedings. 

 (7) If the agency or board has not provided the petitioner written notice that the agency 

has denied the petition or initiated rulemaking proceedings within the time limitations specified 

in Subsection (5) or (6) respectively, the petitioner may seek a writ of mandamus in state district 

court. 

Renumbered and Amended by Chapter 382, 2008 General Session 

63G-3-602. Judicial challenge to administrative rules.

C - 36
 (1) (a) Any person aggrieved by a rule may obtain judicial review of the rule by filing a 

complaint with the county clerk in the district court where the person resides or in the district 

court in Salt Lake County. 

 (b) Any person aggrieved by an agency's failure to comply with Section 63G-3-201 may 

obtain judicial review of the agency's failure to comply by filing a complaint with the clerk of the 

district court where the person resides or in the district court in Salt Lake County. 

 (2) (a) Except as provided in Subsection (2)(b), a person seeking judicial review under 

this section shall exhaust that person's administrative remedies by complying with the 

requirements of Section 63G-3-601 before filing the complaint. 

 (b) When seeking judicial review of a rule, the person need not exhaust that person's 

administrative remedies if: 

 (i) less than six months has passed since the date that the rule became effective and the 

person had submitted verbal or written comments on the rule to the agency during the public 

comment period; 

 (ii) a statute granting rulemaking authority expressly exempts rules made under 

authority of that statute from compliance with Section 63G-3-601; or 

 (iii) compliance with Section 63G-3-601 would cause the person irreparable harm. 

 (3) (a) In addition to the information required by the Utah Rules of Civil Procedure, a 

complaint filed under this section shall contain: 

 (i) the name and mailing address of the plaintiff; 

 (ii) the name and mailing address of the defendant agency; 

 (iii) the name and mailing address of any other party joined in the action as a defendant; 

 (iv) the text of the rule or proposed rule, if any; 

 (v) an allegation that the person filing the complaint has either exhausted the 

administrative remedies by complying with Section 63G-3-601 or met the requirements for 

waiver of exhaustion of administrative remedies established by Subsection (2)(b); 

 (vi) the relief sought; and 

 (vii) factual and legal allegations supporting the relief sought. 

 (b) (i) The plaintiff shall serve a summons and a copy of the complaint as required by 

the Utah Rules of Civil Procedure. 

 (ii) The defendants shall file a responsive pleading as required by the Utah Rules of 

Civil Procedures. 

 (iii) The agency shall file the administrative record of the rule, if any, with its 

responsive pleading. 

 (4) The district court may grant relief to the petitioner by: 

 (a) declaring the rule invalid, if the court finds that: 

 (i) the rule violates constitutional or statutory law or the agency does not have legal 

authority to make the rule; 

 (ii) the rule is not supported by substantial evidence when viewed in light of the whole 

administrative record; or 

 (iii) the agency did not follow proper rulemaking procedure; 

 (b) declaring the rule nonapplicable to the petitioner; 

 (c) remanding the matter to the agency for compliance with proper rulemaking 

procedures or further fact-finding; 

 (d) ordering the agency to comply with Section 63G-3-201; 

 (e) issuing a judicial stay or injunction to enjoin the agency from illegal action or action 

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that would cause irreparable harm to the petitioner; or 

 (f) any combination of Subsections (4)(a) through (e). 

 (5) If the plaintiff meets the requirements of Subsection (2)(b), the district court may 

review and act on a complaint under this section whether or not the plaintiff has requested the 

agency review under Section 63G-3-601. 

Renumbered and Amended by Chapter 382, 2008 General Session 

63G-3-603. Time for contesting a rule -- Statute of limitations.

 (1) A proceeding to contest any rule on the ground of noncompliance with the 

procedural requirements of this chapter shall commence within two years of the effective date of 

the rule. 

 (2) A proceeding to contest any rule on the ground of not being supported by substantial 

evidence when viewed in light of the whole administrative record shall commence within four 

years of the effective date of the challenged action. 

 (3) A proceeding to contest any rule on the basis that a change to the rule made under 

Subsection 63G-3-402(2) or (3) substantively changed the rule shall be commenced within two 

years of the date the change was made. 

Renumbered and Amended by Chapter 382, 2008 General Session 

63G-3-701. Utah Administrative Code as official compilation of rules --

Judicial notice.

 The code shall be received by all the judges, public officers, commissions, and 

departments of the state government as evidence of the administrative law of the state of Utah 

and as an authorized compilation of the administrative law of Utah. All courts shall take 

judicial notice of the code and its provisions. 

Renumbered and Amended by Chapter 382, 2008 General Session 

63G-3-702. Utah Administrative Code -- Organization -- Official compilation.

 (1) The Utah Administrative Code shall be divided into three parts: 

 (a) titles, whose number shall begin with "R"; 

 (b) rules; and 

 (c) sections. 

 (2) All sections contained in the code are referenced by a three-part number indicating 

its location in the code. 

 (3) The division shall maintain the official compilation of the code and is the 

state-designated repository for administrative rules. If a dispute arises in which there is more 

than one version of a rule, the latest effective version on file with the division is considered the 

correct, current version. 

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Renumbered and Amended by Chapter 382, 2008 General Session

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February 13, 2014 Utah Administrative Code (UAC) - 1 - 

R15. Administrative Services, 

Administrative Rules.

R15-1. Administrative Rule 

Hearings.

R15-1-1. Authority.

 (1) This rule 

establishes procedures and 

standards for administrative 

rule hearings as required by 

Subsection 63G-3-402(1)(a).

 (2) The procedures of 

this rule constitute the 

minimum requirements for 

mandatory administrative rule 

hearings. Additional 

procedures may be required to 

comply with any other 

governing statute, federal 

law, or federal regulation. 

R15-1-2. Definitions.

 (1) Terms used in this 

rule are defined in Section 

63G-3-102.

(2) In addition:

 (a) "hearing" means an 

administrative rule hearing; 

and

 (b) "officer" means an 

administrative rule hearing 

officer. 

R15-1-3. Purpose.

 (1) The purpose of this 

rule is to provide:

 (a) procedures for 

agency hearings on proposed 

administrative rules or rules 

changes, or on the need for a 

rule or change;

 (b) opportunity for 

public comment on rules; and

 (c) opportunity for 

agency response to public 

concerns about rules. 

R15-1-4. When Agencies Hold 

Hearings.

 (1) Agencies shall hold 

hearings as required by 

Subsection 63G-3-302(2).

 (2) Agencies may hold 

hearings:

 (a) during the public 

comment period on a proposed 

rule, after its publication in 

the bulletin and prior to its 

effective date;

 (b) before initiating 

rulemaking procedures under 

Title 63G, Chapter 3, to 

promote public input prior to 

a rule's publication;

 (c) during a regular or 

extraordinary meeting of a 

state board, council, or 

commission, in order to avoid 

separate and additional 

meetings; or

 (d) to hear any public 

petition for a rule change as 

provided by Section 63G-3-601.

 (3) Voluntary hearings, 

as described in this section, 

follow the procedures 

prescribed by this rule or any 

other procedures the agency 

may provide by rule.

 (4) Mandatory hearings, 

as described in this section, 

follow the procedures 

prescribed by this rule and 

any additional requirements of 

state or federal law.

 (5) If an agency holds a 

mandatory hearing under the 

procedures of this rule during 

the public comment period 

described in Subsection 63G-3-

301(6), no second hearing is 

required for the purpose of 

comment on the same rule or 

change considered at the first 

hearing. 

R15-1-5. Hearing Procedures.

 (1) Notice.

 (a) An agency shall 

provide notice of a hearing 

by:

 (i) publishing the 

hearing date, time, place, and 

subject in the bulletin;

 (ii) mailing copies of 

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February 13, 2014 Utah Administrative Code (UAC) - 2 - 

the notice directly to persons 

who have petitioned for a 

hearing or rule changes under 

Section 63G-3-302 or 63G-3-

601, respectively; and

 (iii) posting for at 

least 24 hours in a place in 

the agency's offices which is 

frequented by the public.

 (b) If a rules hearing 

becomes mandatory after the 

agency has published the 

proposed rule in the bulletin, 

the agency shall notify in 

writing persons requesting the 

hearing of the time and place.

 (c) An agency may 

provide additional notice of a 

hearing, and shall give 

further notice as may 

otherwise be required by law.

(2) Hearing Officer.

 (a) The agency head 

shall appoint as hearing 

officer a person qualified to 

conduct fairly the hearing.

 (b) No restrictions 

apply to this appointment 

except the officer shall know 

rulemaking procedure.

 (c) However, if a state 

board, council, or commission 

is responsible for agency 

rulemaking, and holds a 

hearing, a member or the 

body's designee may be the 

hearing officer.

 (3) Time. The officer 

shall open the hearing at the 

announced time and place and 

permit comment for a minimum 

of one hour. The hearing may 

be extended or continued to 

another day as necessary in 

the judgment of the officer.

(4) Comment.

 (a) At the opening of 

the hearing, the officer shall 

explain the subject and 

purpose of the hearing and 

invite orderly, germane 

comment from all persons in 

attendance. The officer may 

set time limits for speakers 

and shall ensure equitable use 

of time.

 (b) The agency shall 

have a representative at the 

hearing, other than the 

officer, who is familiar with 

the rule at issue and who can 

respond to requests for 

information by those in 

attendance.

 (c) The officer shall 

invite written comment to be 

submitted at the hearing or 

after the hearing, within a 

reasonable time. Written 

comment shall be attached to 

the hearing minutes.

 (d) The officer shall 

conduct the hearing as an 

open, informal, orderly, and 

informative meeting. Oaths, 

cross-examination, and rules 

of evidence are not required.

(5) The Hearing Record.

 (a) The officer shall 

cause to be recorded the name, 

address, and relevant 

affiliation of all persons 

speaking at the hearing, and 

cause an electronic or 

mechanical verbatim recording 

of the hearing to be made, or 

make a brief summary, of their 

remarks.

 (b) The hearing record 

consists of a copy of the 

proposed rule or rule change, 

submitted written comment, the 

hearing recording or summary, 

the list of persons speaking 

at the hearing, and other 

pertinent documents as 

determined by the agency.

 (c) The hearing officer 

shall, as soon as practicable, 

assemble the hearing record 

and transmit it to the agency 

for consideration.

 (d) The hearing record 

shall be kept with and as part 

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February 13, 2014 Utah Administrative Code (UAC) - 3 - 

of the rule's administrative 

record in a file available at 

the agency offices for public 

inspection.

R15-1-8. Decision on an Issue 

Regarding Rulemaking 

Procedure.

 (1) When a hearing issue 

requires a decision regarding 

rulemaking procedure, the 

officer shall submit a written 

request for a decision to the 

director as soon as 

practicable after, or after 

recessing, the hearing, as 

provided in Section R15-5-6. 

The director shall reply to 

the agency head as provided in 

Subsection R15-5-6(2). The 

director's decision shall be 

included in the hearing 

record.

R15-1-9. Appeal and Judicial 

Review.

 (1) Persons may appeal 

the decision of the agency 

head or the division by 

petitioning the district court 

for judicial review as 

provided by law. 

KEY: administrative law, 

government hearings

Date of Enactment or Last 

Substantive Amendment: June 

1, 1996

Notice of Continuation: 

September 21, 2010

Authorizing, and Implemented 

or Interpreted Law: 63G-3-402

R15. Administrative Services, 

Administrative Rules.

R15-2. Public Petitioning for 

Rulemaking.

R15-2-1. Authority.

 As required by Subsection 

63G-3-601(3), this rule 

prescribes the form and 

procedures for submission, 

consideration, and disposition 

of petitions requesting the 

making, amendment, or repeal 

of an administrative rule.

R15-2-2. Definitions.

 (1) Terms used in this 

rule are defined in Section 

63G-3-102.

 (2) Other terms are 

defined as follows:

(a) "rule change" means:

(i) making a new rule;

(ii) amending, 

repealing, or repealing and 

reenacting an existing rule;

 (iii) amending a 

proposed rule further by 

filing a change in proposed 

rule under the provisions of 

Section 63G-3-303;

 (iv) allowing a proposed 

(new, amended, repealed, or 

repealed and reenacted) rule 

or change in proposed rule to 

lapse; or

 (v) any combination of 

the above.

 (b) "petitioner" means 

an interested person who 

submits a petition to an 

agency pursuant to Section 

63G-3-601 and this rule.

R15-2-3. Petition Procedure.

 (1) The petitioner shall 

send the petition to the head 

of the agency authorized by 

law to make the rule change 

requested.

 (2) The agency receiving 

the petition shall record the 

date it received the petition.

R15-2-4. Petition Form.

The petition shall: 

 (a) be clearly 

designated "petition for a 

rule change";

 (b) state the 

petitioner's name;

 (c) state the 

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February 13, 2014 Utah Administrative Code (UAC) - 4 - 

petitioner's interest in the 

rule, including relevant 

affiliation, if any;

 (d) include a statement 

as required by Subsection 63G3-601(4) regarding the 

requested rule change;

 (e) state the 

approximate wording of the 

requested rule change;

 (f) describe the reason 

for the rule change;

 (g) include an address, 

an E-mail address when 

available, and telephone where 

the petitioner can be reached 

during regular business hours; 

and

 (h) be signed by the 

petitioner.

R15-2-5. Petition 

Consideration And Disposition.

 (1) The agency head or 

designee shall:

 (a) review and consider 

the petition;

 (b) write a response to 

the petition stating:

 (i) that the petition is 

denied and reasons for denial, 

or

 (ii) the date when the 

agency is initiating a rule 

change consistent with the 

intent of the petition; and

 (c) send the response to 

the petitioner within the time 

frame provided by Section 63G3-601.

 (2) The petitioned 

agency may, within the time 

frame provided by Section 63G3-601, interview the 

petitioner, hold a public 

hearing on the petition, or 

take any action the agency, in 

its judgment, deems necessary 

to provide the petition due 

consideration.

 (3) The agency shall 

retain the petition and a copy 

of the agency's response as 

part of the administrative 

record.

 (4) The agency shall 

mail copies of its decision to 

all persons who petitioned for 

a rule change.

KEY: administrative law, open 

government, transparency

Date of Enactment or Last 

Substantive Amendment: 

December 25, 2006

Notice of Continuation: 

September 21, 2010

Authorizing, and Implemented 

or Interpreted Law: 63G-3-601

R15. Administrative Services, 

Administrative Rules.

R15-3. Definitional 

Clarification of 

Administrative Rule.

R15-3-1. Authority, Purpose, 

and Definitions.

 (1) This rule is 

authorized under Subsection 

63G-3-402(1) which requires 

the division to administer the 

Utah Administrative Rulemaking 

Act, Title 63G, Chapter 3.

 (2) This rule clarifies 

when rulemaking is required, 

and requirements for 

incorporation by reference 

within rules.

 (3) Terms used in this 

rule are defined in Section 

63G-3-102.

R15-3-2. Agency Discretion.

 (1) A rule may restrict 

agency discretion to prevent 

agency personnel from 

exceeding their scope of 

employment, or committing 

arbitrary action or 

application of standards, or 

to provide due process for 

persons affected by agency 

actions.

 (2) A rule may authorize 

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February 13, 2014 Utah Administrative Code (UAC) - 5 - 

agency discretion that sets 

limits, standards, and scope 

of employment within which a 

range of actions may be 

applied by agency personnel. 

A rule may also establish 

criteria for granting 

exceptions to the standards or 

procedures of the rule when, 

in the judgment of authorized 

personnel, documented 

circumstances warrant.

 (3) An agency may have 

written policies which broadly 

prescribe goals and 

guidelines. Policies are not 

rules unless they meet the 

criteria for rules set forth 

under Section 63G-3-201(2).

 (4) Within the limits 

prescribed by Sections 63G-3-

201 and 63G-3-602, an agency 

has full discretion regarding 

the substantive content of its 

rules. The division has 

authority over nonsubstantive 

content under Subsections 63G3-402(2) and (3), and 63G-3-

403(2) and (3), rulemaking 

procedures, and the physical 

format of rules for 

compilation in the Utah 

Administrative Code.

R15-3-3. Use of Incorporation 

by Reference in Rules.

 (1) An agency 

incorporating materials by 

reference as permitted under 

Subsection 63G-3-201(7) shall 

comply with the following 

standards:

 (a) The rule shall state 

specifically that the cited 

material is "incorporated by 

reference."

 (b) If the material 

contains options, or is 

modified in its application, 

the options selected and 

modifications made shall be 

stated in the rule.

 (c) If the incorporated 

material is substantively 

changed at a later time, and 

the agency intends to enforce 

the revised material, the 

agency shall amend its rule 

through rulemaking procedures 

to incorporate by reference 

any applicable changes as soon 

as practicable.

 (d) In accordance with 

Subsection 63G-3-201(7)(c), an 

agency shall describe 

substantive changes that 

appear in the materials 

incorporated by reference as 

part of the "summary of rule 

or change" in the rule 

analysis.

 (2) An agency shall 

comply with copyright 

requirements when it provides 

the division a copy of 

material incorporated by 

reference.

R15-3-4. Computer-Prohibited 

Material.

 (1) All rules shall be 

in a format that permits their 

compatibility with the 

division's computer system and 

compilation into the Utah 

Administrative Code.

 (2) Rules may not 

contain maps, charts, graphs, 

diagrams, illustrations, 

forms, or similar material.

 (3) The division shall 

issue and provide to agencies 

instructions and standards for 

formatting rules.

R15-3-5. Statutory Provisions 

that Require Rulemaking 

Pursuant to Subsection 63G-3-

301(13).

 For the purposes of 

Subsection 63G-3-301(13), the 

phrase "statutory provision 

that requires the rulemaking" 

means a state statutory 

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February 13, 2014 Utah Administrative Code (UAC) - 6 - 

provision that explicitly 

mandates rulemaking.

KEY: administrative law

Date of Enactment or Last 

Substantive Amendment: April 

30, 2007

Notice of Continuation: 

September 21, 2010

Authorizing, and Implemented 

or Interpreted Law: 63G-3-

201; 63G-3-301; 63G-3-402

R15. Administrative Services, 

Administrative Rules.

R15-4. Administrative 

Rulemaking Procedures.

R15-4-1. Authority and 

Purpose.

 (1) This rule 

establishes procedures for 

filing and publication of 

agency rules under Sections 

63G-3-301, 63G-3-303, and 63G3-304, as authorized under 

Subsection 63G-3-402(1).

 (2) The procedures of 

this rule constitute minimum 

requirements for rule filing 

and publication. Other 

governing statutes, federal 

laws, or federal regulations 

may require additional rule 

filing and publication 

procedures.

R15-4-2. Definitions.

 (1) Terms used in this 

rule are defined in Section 

63G-3-102.

 (2) Other terms are 

defined as follows:

 (a) "Anniversary date" 

means the date that is five 

years from the original 

effective date of the rule, or 

the date that is five years 

from the date the agency filed 

with the division the most 

recent five-year review 

required under Subsection 63G3-305(3), whichever is sooner.

 (b) "Digest" means the 

Utah State Digest that 

summarizes the content of the 

bulletin as required by 

Subsection 63G-3-402(1)(f);

 (c) "Codify" means the 

process of collecting and 

arranging administrative rules 

systematically in the Utah 

Administrative Code, and 

includes the process of 

verifying that each amendment 

was marked as required under 

Subsection 63G-3-301(2)(b);

 (d) "Compliance cost" 

means expenditures a regulated 

person will incur if a rule or 

change is made effective;

 (e) "Cost" means the 

aggregated expenses persons as 

a class affected by a rule 

will incur if a rule or change 

is made effective;

 (f) "eRules" means the 

Division's administrative rule 

filing application that 

agencies use to file rules and 

notices;

(g) "Savings" means:

 (i) an aggregated 

monetary amount that will no 

longer be incurred by persons 

as a class if a rule or change 

is made effective;

 (ii) an aggregated 

monetary amount that will be 

refunded or rebated if a rule 

or change is made effective;

 (iii) an aggregated 

monetary amount of anticipated 

revenues to be generated for 

state budgets, local 

governments, or both if a rule 

or change is made effective; 

or

 (iv) any combination of 

these aggregated monetary 

amounts.

 (h) "Unmarked change" 

means a change made to rule 

text that was not marked as 

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February 13, 2014 Utah Administrative Code (UAC) - 7 - 

required by Subsection 63G-3-

301(2)(b).

R15-4-3. Publication Dates 

and Deadlines.

 (1) For the purposes of 

Subsections 63G-3-301(2) and 

63G-3-303(1), an agency shall 

file its rule and rule 

analysis by 11:59:59 p.m. on 

the fifteenth day of the month 

for publication in the 

bulletin and digest issued on 

the first of the next month, 

and by 11:59:59 p.m. on the 

first day of the month for 

publication on the fifteenth 

of the same month.

 (a) If the first or 

fifteenth day is a Saturday, 

or a Tuesday, Wednesday, 

Thursday, or Friday holiday, 

the agency shall file the rule 

and rule analysis by 11:59:59 

p.m. on the previous regular 

business day.

 (b) If the first or 

fifteenth day is a Sunday or 

Monday holiday, the agency 

shall file the rule and rule 

analysis by 11:59:59 p.m. on 

the next regular business day.

 (2) For all purposes, 

the official date of 

publication for the bulletin 

and digest shall be the first 

and fifteenth days of each 

month.

R15-4-4. Thirty-day Comment 

Period for a Proposed Rule and 

a Change in Proposed Rule.

 (1) For the purposes of 

Sections 63G-3-301 and 63G-3-

303, "30 days" shall be 

computed by:

 (a) counting the day 

after publication of the rule 

as the first day; and

 (b) counting the 

thirtieth consecutive day 

after the day of publication 

as the thirtieth day, unless

 (c) the thirtieth 

consecutive day is a Saturday, 

Sunday, or holiday, in which 

event the thirtieth day is the 

next regular business day.

R15-4-5a. Notice of the 

Effective Date for a Proposed 

Rule.

 (1)(a) Pursuant to 

Subsection 63G-3-301(9), upon 

expiration of the comment 

period designated on the rule 

analysis and filed with the 

rule, and before expiration of 

120 days after publication of 

a proposed rule, the agency 

proposing the rule shall 

notify the division of the 

date the rule is to become 

effective and enforceable.

 (b) The agency shall 

notify the division after 

determining that the proposed 

rule, in the form published, 

shall be the final form of the 

rule, and after informing the 

division of any nonsubstantive 

changes in the rule as 

provided for in Section R15-4-

6.

 (2)(a) The agency shall 

notify the division by filing 

with the division a Notice of 

Effective Date form using 

eRules.

 (b) If the eRules Notice 

of Effective Date form is 

unavailable to the agency, the 

agency may notify the division 

by any other form of written 

communication clearly 

identifying the proposed rule, 

stating the date the rule was 

filed with the division or 

published in the bulletin, and 

stating its effective date.

 (3) The date designated 

as the effective date shall 

be:

 (a) at least seven days 

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February 13, 2014 Utah Administrative Code (UAC) - 8 - 

after the comment period 

specified on the rule 

analysis; or

 (b) if the agency 

formally extends the comment 

period for a proposed rule by 

publishing a subsequent notice 

in an issue of the bulletin, 

at least seven days after the 

extended comment period.

 (4) The division shall 

publish notice of the 

effective date in the next 

issue of the bulletin. There 

is no publication deadline for 

a notice of effective date for 

a proposed rule, nor 

requirement that it be 

published prior to the 

effective date.

R15-4-5b. Notice of the 

Effective Date for a Change in 

Proposed Rule.

 (1)(a) Upon expiration 

of the 30-day period required 

by Section 63G-3-303, and 

before expiration of the 120th 

day after publication of a 

change in proposed rule, the 

agency promulgating the rule 

shall notify the division of 

the date the rule is to become 

effective and enforceable.

 (b) The agency shall 

notify the division after 

determining that the rule text 

as published is the final form 

of the rule, and after 

informing the division of any 

nonsubstantive changes in the 

rule as provided for in 

Section R15-4-6.

 (2)(a) The agency shall 

notify the division by filing 

with the division a Notice of 

Effective Date form using 

eRules.

 (b) If the eRules Notice 

of Effective Date form is 

unavailable to the agency, the 

agency may notify the division 

by any other form of written 

communication clearly 

identifying the change in 

proposed rule and any rules 

upon which the change in 

proposed rule is dependent, 

stating the date the rules 

were filed with the division 

or published in the bulletin, 

and stating the effective 

date.

 (3) The date designated 

as the effective date shall 

be:

 (a) at least 30 days 

after the publication date of 

the rule in the bulletin, or

 (b) if the agency 

designated a comment period, 

at least seven days after a 

comment period designated by 

the agency on the rule 

analysis or formally extended 

by publication of a subsequent 

notice in the bulletin.

 (4) The division shall 

publish notice of the 

effective date in the next 

issue of the bulletin. There 

is no publication deadline for 

the notice of effective date 

for a change in proposed rule, 

nor requirement that it be 

published prior to the 

effective date.

R15-4-6. Nonsubstantive 

Changes in Rules.

 (1) Pursuant to 

Subsections 63G-3-201(4)(d) 

and 63G-3-303(2), for the 

purpose of making rule changes 

that are grammatical or do not 

materially affect the 

application or outcome of 

agency procedures and 

standards, agencies shall 

comply with the procedures of 

this section.

 (2) The agency proposing 

a change shall determine if 

the change is substantive or 

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February 13, 2014 Utah Administrative Code (UAC) - 9 - 

nonsubstantive according to 

the criteria cited in 

Subsection R15-4-6(1).

 (a) The agency may seek 

the advice of the Attorney 

General or the division, but 

the agency is responsible for 

compliance with the cited 

criteria.

 (3) Without complying 

with regular rulemaking 

procedures, an agency may make 

nonsubstantive changes in:

 (a) proposed rules 

already published in the 

bulletin and digest but not 

made effective, or

 (b) rules already 

effective.

 (4) To make a 

nonsubstantive change in a 

rule, the agency shall:

 (a) notify the division 

by filing with the division 

the form designated for 

nonsubstantive changes;

 (b) include with the 

notice the rule text to be 

changed, with changes marked 

as required by Section R15-4-

9; and

 (c) include with the 

notice the name of the agency 

head or designee authorizing 

the change.

 (5) A nonsubstantive 

change becomes effective on 

the date the division makes 

the change in the Utah 

Administrative Code.

 (6) The division shall 

record the nonsubstantive 

change and its effective date 

in the administrative rules 

register.

R15-4-7. Substantive Changes 

in Proposed Rules.

 (1) Pursuant to Section 

63G-3-303, agencies shall 

comply with the procedures of 

this section when making a 

substantive change in a 

proposed rule.

 (a) The procedures of 

this section apply if:

 (i) the agency 

determines a change in the 

rule is necessary;

 (ii) the change is 

substantive under the criteria 

of Subsection 63G-3-102(19);

 (iii) the rule was 

published as a proposal in the 

bulletin and digest; and

 (iv) the rule has not 

been made effective under the 

procedures of Subsection 63G3-303(1)(d) and Section R15-4-

5.

 (b) If the rule is 

already effective, the agency 

shall comply with regular 

rulemaking procedures.

 (2) To make a 

substantive change in a 

proposed rule, the agency 

shall file with the division:

 (a) a rule analysis, 

marked to indicate the agency 

intends to change a rule 

already published, and 

describing the change and 

reasons for it; and

 (b) a copy of the 

proposed rule previously 

published in the bulletin 

marked to show only those 

changes made since the 

proposed rule was previously 

published as described in 

Section R15-4-9.

 (3) The division shall 

publish the rule analysis in 

the next issue of the 

bulletin, subject to the 

publication deadlines of 

Section R15-4-3. The division 

may also publish the changed 

text of the rule.

 (4) The agency may make 

a change in proposed rule 

effective by following the 

requirements of Section R15-4-

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February 13, 2014 Utah Administrative Code (UAC) - 10 - 

5, or may further amend the 

rule by following the 

procedures of Sections R15-4-6 

or R15-4-7.

R15-4-8. Temporary 120-day 

Rules.

 (1) Pursuant to Section 

63G-3-304, for the purpose of 

filing a temporary rule, an 

agency shall comply with the 

procedures of this section.

 (2) The agency proposing 

a temporary rule shall 

determine if the need for the 

rule complies with the 

criteria of Subsection 63G-3-

304(1).

 (a) The division 

interprets the criteria of 

Subsection 63G-3-304(1) to 

include under "welfare" any 

substantial material loss to 

the classes of persons or 

agencies the agency is 

mandated to regulate, serve, 

or protect.

 (3) The agency shall use 

the same procedures for filing 

and publishing a temporary 

rule as for a permanent rule, 

except:

 (a) the rule shall 

become effective and 

enforceable on the day and 

hour it is recorded by the 

division unless the agency 

designates a later effective 

date on the rule analysis;

 (b) no comment period is 

necessary;

 (c) no public hearing is 

necessary; and

 (d) the rule shall 

expire 120 days after the 

rule's effective date unless 

the filing agency notifies the 

division, on the form or by 

memorandum, of an earlier 

expiration date.

 (4) A temporary rule is 

separate and distinct from a 

rule filed under regular 

rulemaking procedures, though 

the language of the two rules 

may be identical. To make a 

temporary rule permanent, the 

agency shall propose a 

separate rule for regular 

rulemaking.

 (5) When a temporary 

rule and a similar regular 

rule are in effect at the same 

time, any conflict between the 

provisions of the two are 

resolved in favor of the rule 

with the most recent effective 

date, unless the agency 

designates otherwise as part 

of the rule analysis.

 (6) A temporary rule has 

the full force and effect of a 

permanent rule while in 

effect, but a temporary rule 

is not codified in the Utah 

Administrative Code.

R15-4-9. Underscoring and 

Striking Out.

 (1) (a) Pursuant to 

Subsection 63G-3-301(2)(b), an 

agency shall underscore 

language to be added and 

strike out language to be 

deleted in proposed rules.

 (b) Consistent with 

Subsection 63G-3-301(2)(b), an 

agency shall underscore 

language to be added and 

strike out language to be 

deleted in changes in proposed 

rules, 120-day rules, and 

nonsubstantive changes.

 (c) Consistent with 

legislative bill drafting 

technique, the struck out 

language shall be surrounded 

by brackets.

 (2) When an agency 

proposes to make a new rule or 

section, the entire proposed 

text shall be underscored.

 (3)(a) When an agency 

proposes to repeal a complete 

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February 13, 2014 Utah Administrative Code (UAC) - 11 - 

rule it shall include as part 

of the information provided in 

the rule analysis a brief 

summary of the deleted 

language and a brief 

explanation of why the rule is 

being repealed.

 (b) The agency shall 

include with the rule analysis 

a copy of the text to be 

deleted in one of the 

following formats:

 (i) each page annotated 

"repealed in its entirety" or

 (ii) the entire text 

struck out in its entirety and 

surrounded by one set of 

brackets.

 (c) The division shall 

not publish repealed rules 

unless space is available 

within the page limits of the 

bulletin.

 (4) When an agency fails 

to mark a change as described 

in this section, the director 

or his designee may refuse to 

codify the change. When 

determining whether or not to 

codify an unmarked change, the 

director shall consider:

 (a) whether the unmarked 

change is substantive or 

nonsubstantive; and

 (b) if the purpose of 

public notification has been 

adequately served.

 (5) The director's 

refusal to codify an unmarked 

change means that the change 

is not operative for the 

purposes of Section 63G-3-701 

and that the agency must 

comply with regular rulemaking 

procedures to make the change.

R15-4-10. Estimates of 

Anticipated Cost or Savings, 

and Compliance Cost.

 (1) Pursuant to 

Subsections 63G-3-301(3), 63G3-303(1), 63G-3-304(2), and 

53C-1-201(3), when an agency 

files a proposed rule, change 

in proposed rule, 120-day 

(emergency) rule, or expedited 

rule and provides anticipated 

cost or savings, and 

compliance cost information in 

the rule analysis, the agency 

shall:

 (a) estimate the 

incremental cost or savings 

and incremental compliance 

cost associated with the 

changes proposed by the rule 

or change;

 (b) estimate the 

incremental cost or savings 

and incremental compliance 

cost in dollars, except as 

otherwise provided in 

Subsections R15-4-10(4) and 

(5);

 (c) indicate that the 

amount is either a cost or a 

savings; and

 (d) estimate the 

incremental cost or savings 

expected to accrue to "state 

budgets," "local governments," 

"small businesses," and 

"persons other than small 

businesses, businesses, or 

local governmental entities" 

as aggregated cost or savings;

 (2) In addition, an 

agency may:

 (a) provide a narrative 

description of anticipated 

cost or savings, and 

compliance cost;

 (b) compare anticipated 

cost or savings, and 

compliance cost figures, for 

the rule or change to:

 (i) current budgeted 

costs associated with the 

existing rule,

 (ii) figures reported on 

a fiscal note attached to a 

related legislative bill, or

(iii) both (i) and (ii).

 (3) If an agency chooses 

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February 13, 2014 Utah Administrative Code (UAC) - 12 - 

to provide comparison figures, 

it shall clearly distinguish 

comparison figures from the 

anticipated cost or savings, 

and compliance cost figures.

 (4) If dollar estimates 

are unknown or not available, 

or the obtaining thereof would 

impose a substantial 

unbudgeted hardship on the 

agency, the agency may 

substitute a reasoned 

narrative description of costrelated actions required by 

the rule or change, and 

explain the reason or reasons 

for the substitution.

 (5) If no cost, savings, 

or compliance cost is 

associated with the rule or 

change, an agency may enter 

"none," "no impact," or 

similar words in the rule 

analysis followed by a written 

explanation of how the agency 

estimated that there would be 

no impact, or how the proposed 

rule, or changes made to an 

existing rule does not apply 

to "state budgets," "local 

government," "small 

businesses," "persons other 

than small businesses, 

businesses, or local 

governmental entities," or any 

combination of these.

 (6) If an agency does 

not provide an estimate of 

cost, savings, compliance 

cost, or a reasoned narrative 

description of cost 

information; or a written 

explanation as part of the 

rule analysis in compliance 

with this section, the 

Division may, after making an 

attempt to obtain the required 

information, refuse to 

register and publish the rule 

or change. If the Division 

refuses to register and 

publish a rule or change, it 

shall:

 (a) return the rule or 

change to the agency with a 

notice indicating that the 

Division has refused to 

register and publish the rule 

or change;

 (b) identify the reason 

or reasons why the Division 

refused to register and 

publish the rule or change; 

and

 (c) indicate the filing 

deadlines for the next issue 

of the Bulletin.

KEY: administrative law

Date of Enactment or Last 

Substantive Amendment: August 

24, 2007

Notice of Continuation: 

September 21, 2010

Authorizing, and Implemented 

or Interpreted Law: 63G-3-

301; 63G-3-303; 63G-3-304; 

63G-3-402

R15. Administrative Services, 

Administrative Rules.

R15-5. Administrative Rules 

Adjudicative Proceedings.

R15-5-1. Purpose.

 (1) This rule provides 

the procedures for informal 

adjudicative proceedings 

governing:

 (a) appeal and review of 

a decision by the division not 

to publish an agency's 

proposed rule or rule change 

or not to register an agency's 

notice of effective date; and

 (b) a determination by 

the division whether an agency 

rule meets the procedural 

requirements of Title 63G, 

Chapter 3, the Utah 

Administrative Rulemaking Act.

 (2) The informal 

procedures of this rule apply 

to all other division actions 

for which an adjudicative 

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February 13, 2014 Utah Administrative Code (UAC) - 13 - 

proceeding may be required.

R15-5-2. Authority.

 This rule is required by 

Sections 63G-4-202 and 63G-4-

203, and is enacted under the 

authority of Subsection 63G-3-

402(1)(m) and Sections 63G-4-

202, 63G-4-203, and 63G-4-503.

R15-5-3. Definitions.

 (1) The terms used in 

this rule are defined in 

Section 63G-4-103.

 (2) In addition, 

"digest" means the Utah State 

Digest which summarizes the 

content of the bulletin as 

required under Subsection 63G3-402(1)(f).

R15-5-4. Refusal to Publish 

or Register a Rule or Rule 

Change.

 (1) The division shall 

not publish a proposed rule or 

rule change when the division 

determines the agency has not 

met the requirements of Title 

63G, Chapter 3, or of Rules 

R15-3 or R15-4.

 (2) The division shall 

not register an agency's 

notice of effective date, nor 

codify the rule or rule change 

in the Utah Administrative 

Code, if the agency exceeds 

the 120-day limit required by 

Subsection 63G-3-301(6)(a) as 

interpreted in Section R15-4-

5.

 (3) The division shall 

notify the agency of a refusal 

to publish or register a rule 

or rule change, and shall 

advise and assist the agency 

in correcting any error or 

omission, and in re-filing to 

meet statutory and regulatory 

criteria.

R15-5-5. Appeal of a Refusal 

to Publish or Register a Rule 

or Rule Change.

 (1) An agency may 

request a review of a division 

refusal to publish or register 

a rule or rule change by 

filing a written petition for 

review with the division 

director.

 (2) The division 

director shall grant or deny 

the petition within 20 days, 

and respond in writing giving 

the reasons for any denial.

 (3) The agency may 

appeal the decision of the 

division director by filing a 

written appeal to the 

Executive Director of the 

Department of Administrative 

Services within 20 days of 

receipt of the division 

director's decision. The 

Executive Director shall 

respond within 20 days 

affirming or reversing the 

division director's decision.

R15-5-6. Determining the 

Procedural Validity of a Rule.

 (1) A person may contest 

the procedural validity, or 

request a determination of 

whether a rule meets the 

requirements of Title 63G, 

Chapter 3, by filing a written 

petition with the division.

 (a) The rule at issue 

may be a proposed rule or an 

effective rule.

 (b) The petition must be 

received by the division 

within the two-year limit set 

by Section 63G-3-603.

 (c) The petition may 

emanate from a rulemaking 

hearing as in Section R15-1-8.

 (d) The petition shall 

specify the rule or rule 

change at issue and reasons 

why the petitioner deems it 

procedurally flawed or 

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February 13, 2014 Utah Administrative Code (UAC) - 14 - 

invalid.

 (e) The petition shall 

be accompanied by any 

documents the division should 

consider in reaching its 

decision.

 (f) The petition shall 

be signed and designate a 

telephone number where the 

petitioner can be contacted 

during regular business hours.

 (2) The division shall 

respond to the petition in 

writing within 20 days of its 

receipt.

 (a) The division shall 

research all records 

pertaining to the rule or rule 

change at issue.

 (b) The response of the 

division shall state whether 

the rule is procedurally valid 

or invalid and how the agency 

may remedy any defect.

 (c) The division shall 

send a copy of the petition 

and its response to the 

pertinent agency.

 (3) The petitioner may 

request reconsideration of the 

division's findings by filing 

a written request for 

reconsideration with the 

division director.

 (a) The director may 

respond to the request in 

writing.

 (b) If the petitioner 

receives no response within 20 

days, the request is denied.

R15-5-7. Remedies Resulting 

from an Adjudicative 

Proceeding.

 (1) A rule the division 

determines is procedurally 

invalid shall be stricken from 

the Utah Administrative Code 

and notice of its deletion 

published in the next issues 

of the bulletin and digest.

 (2) The division shall 

notify the pertinent agency 

and assist the agency in refiling or otherwise remedying 

the procedural omission or 

error in the rule.

 (3) A rule the division 

determines is procedurally 

valid shall be published and 

registered promptly.

KEY: administrative 

procedures, administrative law

Date of Enactment or Last 

Substantive Amendment: June 

1, 1996

Notice of Continuation: 

September 22, 2010

Authorizing, and Implemented 

or Interpreted Law: 63G-3-

402; 63G-4-202; 63G-4-203; 

63G-4-503

C - 53

Nonsubstantive Changes (NSC)

R307. Environmental Quality, Air Quality.

R307-307. Road Salting and Sanding.

R307-307-1. Applicability.

R307-307 applies to all persons who apply salt[,]or abrasives 

such as crushed slag and sand to roads in PM10 and PM2.5 

nonattainment and maintenance areas as defined in 40 CFR 81.345

(July 1, 2011) and geographically described as all regions of 

Davis, Salt Lake, and Utah counties; all portions of the Cache 

Valley; all regions in Weber County west of the Wasatch mountain 

range; in Box Elder County, from the Wasatch mountain range west 

to the Promontory mountain range and south of Portage; and in 

Tooele County, from the northernmost part of the Oquirrh mountain 

range to the northern most part of the Stansbury mountain range 

and north of Route 199.

R307-307-2. Definitions.

The following additional definition applies to R307-307:

“Arterial roadway” has the same meaning as outlined in U.S. 

DOT Federal Highway Administration Publication No. FHWA-ED-90-006, 

Revised March 1989, "Highway Functional Classification: Concepts, 

Criteria, and Procedures" as interpreted by Utah Department of 

Transportation and shown in the following maps: Salt Lake 

Urbanized Area, Provo-Orem Urbanized Area, and Ogden Urbanized 

Area (1992 or later).

R307-307-3. Records.

 (1) Any person who applies salt or abrasives such as crushed 

slag and sand to roads in PM10 and PM2.5 nonattainment and 

maintenance areas shall maintain records of the material applied. 

 (a) For salt, the records shall include the quantity 

applied, the percent by weight of insoluble solids in the salt, 

and the percentage of the material that is sodium chloride (Nacl), 

magnesium chloride (MgCl2), calcium chloride (CaCl2), or potassium 

chloride (KCl). 

 (b) For abrasives such as sand or crushed slag, the records 

shall include the quantity applied and the percent by weight of 

fine material which passes the number 200 sieve in a standard 

gradation analysis. 

(2) All records shall be maintained for a period of at least 

two years, and the records shall be made available to the director

or his designated representative upon request.

R307-307-4. Content.

 (1) After October 1, 1993, any salt applied to roads in Salt 

Lake, Davis, or Utah counties shall be at least 92% NaCl, MgCl2, 

CaCl2, and/or KCl. 

 (2) After January 1, 2014, any salt applied to roads in all 

other areas specified in R307-307-1 shall be no less than 92% by 

weight NaCl, MgCl2, CaCl2, and/or KCl. 

R307-307-5. Alternatives.

 (1) After October 1, 1993, any person who applies an 

abrasive such as crushed slag, or sand or who applies salt that is 

NSC - 1
less than 92% by weight NaCl, MgCl2, CaCl2 and/or KCl to roads in 

Salt Lake, Davis, or Utah Counties shall either:

 (a) demonstrate to the director that the material applied 

has no more PM10 or PM2.5 emissions than salt which is at least 

92% NaCl, MgCl2, CaCl2, and/or KCl; or

 (b) vacuum sweep every arterial roadway (principal and 

minor) to which the material was applied within three days of the 

end of the storm for which the application was made. 

 (2) After January 1, 2014,any person who applies an abrasive 

such as crushed slag or sand, or who applies salt that is less 

than 92% by weight NaCl, MgCl2, and/or CaCl2 to roads in all other 

areas specified in R307-307-1 shall comply with the requirements 

of either R307-307-5(1)(a) or (b).

R307-307-6. Exemptions.

(1) In the interest of public safety, any person who applies 

an abrasive such as crushed slag or sand to arterial roadways 

because salt alone would not ensure safe driving conditions due to 

steepness of grade or extreme weather is exempt from the 

requirements in R307-307-4. 

 (2) The following roads are specifically excluded from the 

requirements of R307-307-5(1): 

(a) all canyon roads; 

(b) the portion of Interstate 15 near Point of the Mountain; 

(c) I-15, from Exit 385 northward to the Idaho Border;

(d) I-84 from Exit 17 eastward to Exit 40 at Tremonton;

 (e) SR-39 from Harrison Boulevard eastward into Ogden 

Canyon;

 (f) I-84 from the junction with US-89 eastward into Weber 

Canyon;

 (g) I-80 near Black Rock, from the junction with SR-36 to 

the junction with SR-202;

(h) SR-199; and

(i) SR-196. 

KEY: air pollution, roads, particulate

Date of Enactment or Last Substantive Amendment: 2013

Notice of Continuation: June 2, 2010

Authorizing, and Implemented or Interpreted Law: 19-2-104

NSC - 2
NSC - 3
R307. Environmental Quality, Air Quality.

R307-355. Control of Emissions from Aerospace Manufacture and 

Rework Facilities.

R307-355-5. Emission Standards.

 (1) The owner or operator shall not cause, permit, or allow 

the emissions of VOCs from the coating of aerospace vehicles or 

components to exceed:

 (a) 2.9 pounds per gallon of coating, excluding water and 

exempt solvents, delivered to a coating applicator that applies 

primers. For general aviation rework facilities, the VOC 

limitation shall be 4.5 pounds per gallon of coating, excluding 

water and exempt solvents, delivered to a coating applicator that 

applies primers;

 (b) 3.5 pounds per gallon of coating, excluding water and 

exempt solvents, delivered to a coating applicator that applies 

topcoats (including self-priming topcoats). For general aviation 

rework facilities, the VOC limit shall be 4.5 pounds per gallon of 

coating, excluding water and exempt solvents, delivered to a 

coating applicator that applies topcoats (including self-priming 

topcoats);

(c) 5.2 pounds per gallon of coating, excluding water and 

exempt solvents, delivered to a coating applicator that applies 

Type I chemical milling maskant; 

(d) 1.3 pounds per gallon of coating, excluding water and 

exempt solvents, delivered to a coating applicator that applies 

Type II chemical milling maskants; and

 ([de]) Emissions of VOCs from specialty coatings in excess 

of the amounts specified in EPA-453/R-97-004, December 1997, page 

B-2, hereby incorporated by reference. 

(2) The owner or operator may alternatively comply with R307-

355-5(1)(a) through (d) by using an add-on control device as 

specified in R307-355-9. 

 (3) The following coating applications are exempt from the 

VOC content limits in R307-355-5(1);

(a)Touchup and repair operations.

(b)Use of hand-held spray can application method.

(c)Department of Defense classified coatings.

(d)Coatings of space vehicles.

(e)Facilities that use separate formulations in volumes of 

less than 50 gallons per year subject to a maximum exemption of 

200 gallons total for such formulations applied annually.

KEY: air pollution, coating, aerospace

Date of Enactment or Last Substantive Amendment: 2013

Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a)

NSC - 4
NSC - 5
R307. Environmental Quality, Air Quality.

R307-351. Graphic Arts.

R307-351-4. Standards for Rotogravure, Flexographic, and 

Specialty Printing Operations. 

 (1) No owner or operator of a packaging and publication 

rotogravure; packaging and publication flexographic, and specialty 

printing operations employing VOC-containing ink may operate, 

cause, or allow or permit the operation of a facility unless: 

 (a) The volatile fraction of ink, as it is applied to the 

substrate, contains 25.0% by volume or less of VOC and 75.0% by 

volume or more of water; or 

 (b) The ink as it is applied to the substrate, less water, 

contains 60.0% by volume or more nonvolatile material; or 

 (c) The owner or operator installs and operates either a 

carbon adsorption system as described in R307-351-4(1)(a)(i) or an 

incineration system as described in R307-351-4(1)(a)(ii).

 (i) A carbon adsorption system shall reduce the volatile 

organic emissions from the capture system by a minimum of 90.0% by 

weight. 

 (ii) An incineration system shall oxidize, from the capture 

system, a minimum of 90.0% of the non-methane VOCs measured as 

total combustible carbon to carbon dioxide and water. 

 (iii) A capture system as described in R307-351-

4(1)([a]c)(iv) shall be used in conjunction with a carbon 

adsorption system and an incineration system. 

 (iv) The design and operation of a capture system must be 

consistent with good engineering practices and shall be required 

to provide for an overall reduction in VOC emissions of at least: 

 (A) 75.0% where a publication rotogravure process is 

employed; 

 (B) 65.0% where a packaging rotogravure process is employed; 

or

 (C) 60.0% where a flexographic printing process is employed. 

(2) The owner or operator of an emission control device 

shall provide documentation that the system will attain the 

requirements of R307-351-4. 

 (3) The Emission control system shall be operated and 

maintained in accordance with the manufacturer recommendations. 

 (4) The owner or operator of an emission control device 

shall maintain for a minimum of two years records of operating 

and maintenance sufficient to demonstrate that the equipment is 

being operated and maintained in accordance with the 

manufacturer recommendations. 

KEY: air pollution, graphic arts, VOC, printing operations 

Date of Enactment or Last Substantive Amendment: 2013 

Notice of Continuation: 

NSC - 6
Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a) 

NSC - 7
NSC - 8
R307. Environmental Quality, Air Quality.

R307-351. Graphic Arts.

R307-351-1. Purpose.

R307-351-2. Applicability.

R307-351 applies to graphic arts printing operations in Box 

Elder, Cache, Davis, Salt Lake, Utah and Weber counties as specified 

below. For purposes of determining whether the emissions applicability 

threshold or an equivalent threshold is met, the owner or operator 

shall consider source-wide emissions from all printing operations 

including related cleaning activities prior to controls.

 (1) R307-351-4 applies to all packaging and publication 

rotogravure; packaging and publication flexographic; and specialty 

printing operations employing VOC-containing inks, including dilution 

and cleaning materials, that have potential to emit on a per press 

basis equal to or greater than 25 tons per year of VOC. Flexible 

packaging printing is exempt from R307-351-4.

 (2) R307-351-5 applies to all flexible packaging printing 

operations with potential to emit on a per press basis, from the dryer, 

prior to controls, equal to or greater than 25 tons per year of VOC 

from inks, coatings and adhesives combined.

 (3) R307-351-6(1) applies to individual heatset web offset 

lithographic printing presses and individual heatset web letterpress 

printing presses with potential to emit from the dryer, on a per press 

basis, prior to controls, equal to or greater than 25 tons per year 

of VOC. Heatset presses used for book printing and heatset presses 

with maximum web width of 22 inches or less are exempt from 

R307-351-6(1).

 (4) R307-351-6([2]4) applies to offset lithographic printing 

operations that emit at least 2.7 tons per year actual emissions of 

VOC, or an equivalent level, before consideration of controls. Any 

press with total fountain solution reservoir of less than one gallon 

and sheet-fed presses with maximum sheet size of 11 inches by 17 inches 

or smaller are exempt from R307-351-6([2]4).

 (5) R307-351-6([3]5) applies to offset lithographic printing 

and letterpress printing operations that emit at least 2.7 tons per 

year actual emissions of VOC, or an equivalent level, before 

consideration of controls. Cleaners used on electronic components 

of a press, pre-press cleaning operations (e.g., platemaking), 

post-press cleaning operations (e.g., binding), cleaning supplies 

(e.g., detergents) used to clean the floor (other than dried ink) 

in the area around a press, or cleaning performed in parts washers 

or cold cleaners are exempt from R307-351-6([3]5).

 (6) R307-351-7 applies to all graphic arts printing operations 

that emit at least 2.7 tons per year actual emissions of VOC, or an 

equivalent level, before consideration of controls.

KEY: air pollution, graphic arts, VOC, printing operations

Date of Enactment or Last Substantive Amendment: February 1, 2013

Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a)

NSC - 9
NSC - 10
R307. Environmental Quality, Air Quality.

R307-101. General Requirements.

R307-101-2. Definitions.

 Except where specified in individual rules, definitions in 

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

Board.

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

pollutant from an emissions unit determined as follows:

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

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

emitted the pollutant during a two-year period which precedes the 

particular date and which is representative of normal source 

operations. The director shall allow the use of a different time 

period upon a determination that it is more representative of normal 

source operation. Actual emissions shall be calculated using the 

unit's actual operating hours, production rates, and types of 

materials processed, stored, or combusted during the selected time 

period.

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

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

unit.

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

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

on the particular date, actual emissions shall equal the potential 

to emit of the unit on that date.

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

a new unit or the replacement of an existing unit) actual emissions 

of the unit following the physical or operational change shall equal 

the representative actual annual emissions of the unit, provided the 

source owner or operator maintains and submits to the director, on 

an annual basis for a period of 5 years from the date the unit resumes 

regular operation, information demonstrating that the physical or 

operational change did not result in an emissions increase. A longer 

period, not to exceed 10 years, may be required by the director if 

the director determines such a period to be more representative of 

normal source post-change operations.

"Acute Hazardous Air Pollutant" means any noncarcinogenic 

hazardous air pollutant for which a threshold limit value - ceiling 

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

Industrial Hygienists (ACGIH) in its "Threshold Limit Values for

Chemical Substances and Physical Agents and Biological Exposure 

Indices, (2009)."

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

suspended solid or any combination of them, excluding steam and water 

vapors (Section 19-2-102(1)).

"Air Contaminant Source" means any and all sources of emission 

of air contaminants whether privately or publicly owned or operated 

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

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

or more air contaminants in such quantities and duration and under 

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

health or welfare, animal or plant life, or property, or would 

unreasonably interfere with the enjoyment of life or use of property 

as determined by the standards, rules and regulations adopted by the 

NSC - 11
Air Quality Board (Section 19-2-104).

"Allowable Emissions" means the emission rate of a source 

calculated using the maximum rated capacity of the source (unless 

the source is subject to enforceable limits which restrict the 

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

limitation established pursuant to R307-401-8.

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

19-2-102(4)).

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

town or county.

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

and includes all space outside of buildings, stacks or exterior ducts. 

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

or district health department; a city, county or combination fire 

department; or other local agency duly designated by appropriate 

authority, with approval of the state Department of Health; and other 

lawfully adopted ordinances, codes or regulations not in conflict 

therewith.

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

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

but not limited to any malfunction or procedural error during start-up 

and shutdown, which will result in the inoperability or sudden loss 

of performance of the control equipment or process equipment causing 

emissions in excess of those allowed by approval order or Title R307.

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

to raise the temperature of one pound of water one degree Fahrenheit. 

"Calibration Drift" means the change in the instrument meter 

readout over a stated period of time of normal continuous operation 

when the VOC concentration at the time of measurement is the same 

known upscale value.

 "Carbon Adsorption System" means a device containing adsorbent 

material (e.g., activated carbon, aluminum, silica gel), an inlet 

and outlet for exhaust gases, and a system for the proper disposal 

or reuse of all VOC adsorbed.

"Carcinogenic Hazardous Air Pollutant" means any hazardous air 

pollutant that is classified as a known human carcinogen (A1) or 

suspected human carcinogen (A2) by the American Conference of 

Governmental Industrial Hygienists (ACGIH) in its "Threshold Limit 

Values for Chemical Substances and Physical Agents and Biological 

Exposure Indices, (2009)."

"Chargeable Pollutant" means any regulated air pollutant except 

the following:

(1) Carbon monoxide;

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

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

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

Protection;

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

because it is subject to a standard or regulation under Section 112(r) 

of the Act, Prevention of Accidental Releases.

"Chronic Hazardous Air Pollutant" means any noncarcinogenic 

hazardous air pollutant for which a threshold limit value - time 

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

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

NSC - 12
Industrial Hygienists (ACGIH) in its "Threshold Limit Values for 

Chemical Substances and Physical Agents and Biological Exposure 

Indices, (2009)."

 "Clean Air Act" means federal Clean Air Act as amended in 1990.

 "Clean Coal Technology" means any technology, including 

technologies applied at the precombustion, combustion, or post 

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

significant reductions in air emissions of sulfur dioxide or oxides 

of nitrogen associated with the utilization of coal in the generation 

of electricity, or process steam which was not in widespread use as 

of November 15, 1990.

 "Clean Coal Technology Demonstration Project" means a project 

using funds appropriated under the heading "Department of Energy-Clean 

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

demonstration of clean coal technology, or similar projects funded 

through appropriations for the Environmental Protection Agency. The 

Federal contribution for a qualifying project shall be at least 20 

percent of the total cost of the demonstration project.

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

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

is provided by the National Weather Service.

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

modification means that the owner or operator has all necessary 

pre-construction approvals or permits and either has:

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

on-site construction of the source, to be completed within a reasonable 

time; or

 (2) Entered into binding agreements or contractual obligations, 

which cannot be canceled or modified without substantial loss to the 

owner or operator, to undertake a program of actual construction of 

the source to be completed within a reasonable time.

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

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

dilution in the ambient air to form solid or liquid particulate matter 

immediately after discharge from the stack.

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

will result in compliance with these regulations.

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

of operation including fabrication, erection, installation, 

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

in actual emissions.

"Control Apparatus" means any device which prevents or controls 

the emission of any air contaminant directly or indirectly into the 

outdoor atmosphere.

"Department" means Utah State Department of Environmental 

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

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

See Section 19-1-103(1).

"Division" means the Division of Air Quality.

"Electric Utility Steam Generating Unit" means any steam electric 

generating unit that is constructed for the purpose of supplying more 

than one-third of its potential electric output capacity and more 

than 25 MW electrical output to any utility power distribution system 

for sale. Any steam supplied to a steam distribution system for the 

NSC - 13
purpose of providing steam to a steam-electric generator that would 

produce electrical energy for sale is also considered in determining 

the electrical energy output capacity of the affected facility.

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

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

air contaminant; or the effluent so discharged into the atmosphere. 

"Emissions Information" means, with reference to any source 

operation, equipment or control apparatus:

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

frequency, concentration, or other characteristics related to air 

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

operation, equipment, or control apparatus;

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

frequency, concentration, or other characteristics (to the extent 

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

applicable standard or limitation, the source operation was authorized 

to emit (including, to the extent necessary for such purposes, a 

description of the manner or rate of operation of the source 

operation), or any combination of the foregoing; and

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

source operation to the extent necessary to identify the source 

operation and to distinguish it from other source operations 

(including, to the extent necessary for such purposes, a description 

of the device, installation, or operation constituting the source 

operation).

"Emission Limitation" means a requirement established by the 

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

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

continuous emission reduction including any requirement relating to 

the operation or maintenance of a source to assure continuous emission 

reduction (Section 302(k)).

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

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

regulation under the Clean Air Act.

"Enforceable" means all limitations and conditions which are 

enforceable by the Administrator, including those requirements 

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

the State Implementation Plan and R307, any permit requirements 

established pursuant to 40 CFR 52.21 or R307-401.

"EPA" means Environmental Protection Agency.

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

Determination of Opacity of Emissions from Stationary Sources," and 

Alternate 1, "Determination of the opacity of emissions from 

stationary sources remotely by LIDAR."

"Executive Director" means the Executive Director of the Utah 

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

"Existing Installation" means an installation, construction of 

which began prior to the effective date of any regulation having 

application to it.

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

or accessories thereof, installed or acquired for the primary purpose 

of controlling or disposing of air pollution. It does not include 

an air conditioner, fan or other similar device for the comfort of 

personnel.

NSC - 14
"Filterable PM2.5" means particles with an aerodynamic diameter 

equal to or less than 2.5 micrometers that are directly emitted by 

a source as a solid or liquid at stack or release conditions and can 

be captured on the filter of a stack test train.

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

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

prepared device connected to a chimney which provides the operator 

with little control of combustion air, leaving its fire chamber fully 

or at least partially open to the room. Fireplaces include those 

devices with circulating systems, heat exchangers, or draft reducing 

doors with a net thermal efficiency of no greater than twenty percent 

and are used for aesthetic purposes.

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

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

becomes airborne because of wind or mechanical disturbance of 

surfaces. Natural sources of dust and fugitive emissions are not 

fugitive dust within the meaning of this definition.

"Fugitive Emissions" means emissions from an installation or 

facility which are neither passed through an air cleaning device nor 

vented through a stack or could not reasonably pass through a stack, 

chimney, vent, or other functionally equivalent opening.

"Garbage" means all putrescible animal and vegetable matter 

resulting from the handling, preparation, cooking and consumption 

of food, including wastes attendant thereto.

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

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

or greater.

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

the EPA as a hazardous air pollutant in conformance with Section 112(b) 

of the Clean Air Act. A list of these pollutants is available at 

the Division of Air Quality.

"Household Waste" means any solid or liquid material normally 

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

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

products, rags, leaves and garden trash.

"Incinerator" means a combustion apparatus designed for high 

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

combustible wastes are ignited and burned efficiently and from which 

the solid and gaseous residues contain little or no combustible 

material.

"Installation" means a discrete process with identifiable 

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

equipment shall not be considered a separate installation or 

installations.

 "LPG" means liquified petroleum gas such as propane or butane.

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

of a maintenance plan that is included in the Utah state implementation 

plan, and that has been redesignated by EPA from nonattainment to 

attainment of any National Ambient Air Quality Standard.

 (a) The following areas are considered maintenance areas for 

ozone:

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

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

 (b) The following areas are considered maintenance areas for 

NSC - 15
carbon monoxide:

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

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

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

 (c) The following areas are considered maintenance areas for 

PM10:

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

the maintenance plan that was adopted by the Board on July 6, 2005; 

and

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

maintenance plan that was adopted by the Board on July 6, 2005; and 

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

maintenance plan that was adopted by the Board on July 6, 2005.

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

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

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

the maintenance plan that was adopted by the Board on January 5, 2005. 

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

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

significant net emissions increase of any pollutant. A net emissions 

increase that is significant for volatile organic compounds shall 

be considered significant for ozone. Within Salt Lake and Davis 

Counties or any nonattainment area for ozone, a net emissions increase 

that is significant for nitrogen oxides shall be considered 

significant for ozone. Within areas of nonattainment for PM10, a 

significant net emission increase for any PM10 precursor is also a 

significant net emission increase for PM10. A physical change or 

change in the method of operation shall not include:

(1) routine maintenance, repair and replacement;

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

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

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

gas curtailment plan pursuant to the Federal Power Act;

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

under section 125 of the federal Clean Air Act;

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

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

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

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

6, 1975, unless such change would be prohibited under any enforceable 

permit condition; or

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

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

rate unless such change would be prohibited under any enforceable 

permit condition;

(7) any change in ownership at a source

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

project at an existing electric utility steam generating unit, unless 

the director determines that such addition, replacement, or use 

renders the unit less environmentally beneficial, or except:

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

control project would result in a significant net increase in 

representative actual annual emissions of any criteria pollutant over 

levels used for that source in the most recent air quality impact 

NSC - 16
analysis in the area conducted for the purpose of Title I of the Clean 

Air Act, if any, and

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

contribute to a violation of any national ambient air quality standard 

or PSD increment, or visibility limitation.

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

temporary clean coal technology demonstration project, provided that 

the project complies with:

(a) the Utah State Implementation Plan; and

 (b) other requirements necessary to attain and maintain the 

national ambient air quality standards during the project and after 

it is terminated.

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

Air Act as applicable to R307:

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

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

pollutant subject to regulation under the Clean Air Act; or

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

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

in the amounts outlined in Section 187 of the federal Clean Air Act 

with respect to the severity of the nonattainment area as outlined 

in Section 187 of the federal Clean Air Act; or

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

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

emit, VOC or nitrogen oxides in the amounts outlined in Section 182 

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

nonattainment area as outlined in Section 182 of the federal Clean 

Air Act; or

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

emits, or has the potential to emit, PM10 or any PM10 precursor in 

the amounts outlined in Section 189 of the federal Clean Air Act with 

respect to the severity of the nonattainment area as outlined in 

Section 189 of the federal Clean Air Act.

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

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

constitute a major source by itself;

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

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

of these R307 rules whether it is a major stationary source, unless 

the source belongs to one of the following categories of stationary 

sources:

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

(b) Kraft pulp mills;

(c) Portland cement plants;

(d) Primary zinc smelters;

(e) Iron and steel mills;

(f) Primary aluminum or reduction plants;

(g) Primary copper smelters;

 (h) Municipal incinerators capable of charging more than 250 

tons of refuse per day;

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

(j) Petroleum refineries;

(k) Lime plants;

(l) Phosphate rock processing plants;

NSC - 17
(m) Coke oven batteries;

(n) Sulfur recovery plants;

(o) Carbon black plants (furnace process);

(p) Primary lead smelters;

(q) Fuel conversion plants;

(r) Sintering plants;

(s) Secondary metal production plants;

(t) Chemical process plants;

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

than 250 million British Thermal Units per hour heat input;

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

capacity exceeding 300,000 barrels;

(w) Taconite ore processing plants;

(x) Glass fiber processing plants;

(y) Charcoal production plants;

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

million British Thermal Units per hour heat input;

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

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

Clean Air Act.

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

in a potential increase of emission.

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

allowable concentrations of air pollutants in the ambient air 

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

Regulations, Part 50).

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

the following exceeds zero:

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

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

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

the source that are contemporaneous with the particular change and 

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

increase":

 (a) An increase or decrease in actual emissions is 

contemporaneous with the increase from the particular change only 

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

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

particular change occurs.

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

only if it has not been relied on in issuing a prior approval for 

the source which approval is in effect when the increase in actual 

emissions for the particular change occurs.

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

nitrogen oxides or particulate matter which occurs before an 

applicable minor source baseline date is creditable only if it is 

required to be considered in calculating the amount of maximum 

allowable increases remaining available. With respect to particulate 

matter, only PM10 emissions will be used to evaluate this increase 

or decrease.

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

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

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

extent that:

NSC - 18
 (i) The old level of actual emissions or the old level of 

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

actual emissions;

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

construction on the particular change begins; and

 (iii) It has approximately the same qualitative significance 

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

the particular change.

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

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

reasonable further progress.

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

occurs when the emissions unit on which construction occurred becomes 

operational and begins to emit a particular pollutant. Any replacement 

unit that requires shakedown becomes operational only after a 

reasonable shakedown period, not to exceed 180 days.

 "New Installation" means an installation, construction of which 

began after the effective date of any regulation having application 

to it.

"Nonattainment Area" means an area designated by the 

Environmental Protection Agency as nonattainment under Section 107, 

Clean Air Act for any National Ambient Air Quality Standard. The 

designations for Utah are listed in 40 CFR 81.345.

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

greater than the emission limitation imposed on such source by these 

regulations and/or the State Implementation Plan.

"Opacity" means the capacity to obstruct the transmission of 

light, expressed as percent.

 "Open Burning" means any burning of combustible materials 

resulting in emission of products of combustion into ambient air 

without passage through a chimney or stack.

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

operates or supervises a facility, an emission source, or air pollution 

control equipment.

 "PSD" Area means an area designated as attainment or 

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

Air Act.

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

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

EPA reference or equivalent method.

 "PM2.5 Precursor" means any chemical compound or substance which, 

after it has been emitted into the atmosphere, undergoes chemical 

or physical changes that convert it into particulate matter, 

specifically PM2.5, and has been identified in the applicable 

implementation plan for PM2.5 as significant for the purpose of 

developing control measures. Specifically, PM2.5 precursors include 

SO2, NOx, and VOC.

 "PM10" means particulate matter with an aerodynamic diameter 

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

reference or equivalent method.

 "PM10 Precursor" means any chemical compound or substance which, 

after it has been emitted into the atmosphere, undergoes chemical 

or physical changes that convert it into particulate matter, 

specifically PM10.

NSC - 19
 "Part 70 Source" means any source subject to the permitting 

requirements of R307-415.

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

corporation, partnership, association, state, state or federal agency 

or entity, municipality, commission, or political subdivision of a 

state. (Subsection 19-2-103(4)).

"Pollution Control Project" means any activity or project at 

an existing electric utility steam generating unit for purposes of 

reducing emissions from such unit. Such activities or projects are 

limited to:

 (1) The installation of conventional or innovative pollution 

control technology, including but not limited to advanced flue gas 

desulfurization, sorbent injection for sulfur dioxide and nitrogen 

oxides controls and electrostatic precipitators;

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

which is less polluting than the fuel used prior to the activity or 

project, including, but not limited to natural gas or coal reburning, 

or the cofiring of natural gas and other fuels for the purpose of 

controlling emissions;

 (3) A permanent clean coal technology demonstration project 

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

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

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

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

or similar projects funded through appropriations for the 

Environmental Protection Agency; or

 (4) A permanent clean coal technology demonstration project 

that constitutes a repowering project.

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

emit a pollutant under its physical and operational design. Any 

physical or operational limitation on the capacity of the source to 

emit a pollutant including air pollution control equipment and 

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

combusted, stored, or processed shall be treated as part of its design 

if the limitation or the effect it would have on emissions is 

enforceable. Secondary emissions do not count in determining the 

potential to emit of a stationary source.

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

PM2.5.

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

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

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

material or process intermediate consumed, or product generated, 

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

apparatus. For a stationary internal combustion unit or any other 

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

of fuel burned per unit of time.

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

Generating Unit" means any physical change or change in the method 

of operation associated with the commencement of commercial operations 

by a coal-fired utility unit after a period of discontinued operation 

where the unit:

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

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

NSC - 20
emissions from such unit continue to be carried in the emission 

inventory at the time of enactment;

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

of emissions control that achieves a removal efficiency for sulfur 

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

particulates of no less than 98 percent;

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

commencement of operations following reactivation; and

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

Clean Air Act.

"Reasonable Further Progress" means annual incremental 

reductions in emission of an air pollutant which are sufficient to 

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

State Implementation Plan.

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

"Regulated air pollutant" means any of the following:

(a) Nitrogen oxides or any volatile organic compound;

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

standard has been promulgated;

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

under Section 111 of the Act, Standards of Performance for New 

Stationary Sources;

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

under or established by Title VI of the Act, Stratospheric Ozone 

Protection;

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

112, Hazardous Air Pollutants, or other requirements established under 

Section 112 of the Act, including Sections 112(g), (j), and (r) of 

the Act, including any of the following:

 (i) Any pollutant subject to requirements under Section 112(j) 

of the Act, Equivalent Emission Limitation by Permit. If the 

Administrator fails to promulgate a standard by the date established 

pursuant to Section 112(e) of the Act, any pollutant for which a subject 

source would be major shall be considered to be regulated on the date 

18 months after the applicable date established pursuant to Section 

112(e) of the Act;

 (ii) Any pollutant for which the requirements of Section 

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

have been met, but only with respect to the individual source subject 

to Section 112(g)(2) requirement.

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

with one of the following clean coal technologies: atmospheric or 

pressurized fluidized bed combustion, integrated gasification 

combined cycle, magnetohydrodynamics, direct and indirect coal-fired 

turbines, integrated gasification fuel cells, or as determined by 

the Administrator, in consultation with the Secretary of Energy, a 

derivative of one or more of these technologies, and any other 

technology capable of controlling multiple combustion emissions 

simultaneously with improved boiler or generation efficiency and with 

significantly greater waste reduction relative to the performance 

of technology in widespread commercial use as of November 15, 1990. 

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

which has been awarded clean coal technology demonstration funding 

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

NSC - 21
 (2) The director shall give expedited consideration to permit 

applications for any source that satisfies the requirements of this 

definition and is granted an extension under section 409 of the Clean 

Air Act.

"Representative Actual Annual Emissions" means the average rate, 

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

for the two-year period after a physical change or change in the method 

of operation of unit, (or a different consecutive two-year period 

within 10 years after that change, where the director determines that 

such period is more representative of source operations), considering 

the effect any such change will have on increasing or decreasing the 

hourly emissions rate and on projected capacity utilization. In 

projecting future emissions the director shall:

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

to, historical operational data, the company's own representations, 

filings with the State of Federal regulatory authorities, and 

compliance plans under title IV of the Clean Air Act; and

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

results from the particular physical change or change in the method 

of operation at an electric utility steam generating unit, that portion 

of the unit's emissions following the change that could have been 

accommodated during the representative baseline period and is 

attributable to an increase in projected capacity utilization at the 

unit that is unrelated to the particular change, including any 

increased utilization due to the rate of electricity demand growth 

for the utility system as a whole.

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

all ancillary buildings.

"Residential Solid Fuel Burning" device means any residential 

burning device except a fireplace connected to a chimney that burns 

solid fuel and is capable of, and intended for use as a space heater, 

domestic water heater, or indoor cooking appliance, and has an 

air-to-fuel ratio less than 35-to-1 as determined by the test 

procedures prescribed in 40 CFR 60.534. It must also have a useable 

firebox volume of less than 6.10 cubic meters or 20 cubic feet, a 

minimum burn rate less than 5 kilograms per hour or 11 pounds per 

hour as determined by test procedures prescribed in 40 CFR 60.534, 

and weigh less than 800 kilograms or 362.9 pounds. Appliances that 

are described as prefabricated fireplaces and are designed to 

accommodate doors or other accessories that would create the air 

starved operating conditions of a residential solid fuel burning 

device shall be considered as such. Fireplaces are not included in 

this definition for solid fuel burning devices.

"Road" means any public or private road.

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

in whole or in part in salvaging or reclaiming any product or material, 

including but not limited to metals, chemicals, shipping containers 

or drums.

"Secondary Emissions" means emissions which would occur as a 

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

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

modification itself.

Secondary emissions must be specific, well defined, 

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

NSC - 22
modification which causes the secondary emissions. Secondary 

emissions include emissions from any off-site support facility which 

would not be constructed or increase its emissions except as a result 

of the construction or operation of the major source or major 

modification. Secondary emissions do not include any emissions which 

come directly from a mobile source such as emissions from the tailpipe 

of a motor vehicle, from a train, or from a vessel.

Fugitive emissions and fugitive dust from the source or 

modification are not considered secondary emissions.

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

through chemical reactions in the ambient air well after dilution 

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

at some distance downwind from the source.

"Significant" means:

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

of a source to emit any of the following pollutants, a rate of emissions 

that would equal or exceed any of the following rates:

Carbon monoxide: 100 ton per year (tpy);

Nitrogen oxides: 40 tpy;

Sulfur dioxide: 40 tpy;

PM10: 15 tpy;

PM2.5: 10 tpy;

Particulate matter: 25 tpy;

Ozone: 40 tpy of volatile organic compounds;

Lead: 0.6 tpy.

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

or combination of these materials.

"Solvent" means organic materials which are liquid at standard 

conditions (Standard Temperature and Pressure) and which are used 

as dissolvers, viscosity reducers, or cleaning agents.

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

installation which emits or may emit any air pollutant subject to 

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

more continuous or adjacent properties and which is under the control 

of the same person or persons under common control. A building, 

structure, facility, or installation means all of the 

pollutant-emitting activities which belong to the same industrial 

grouping. Pollutant-emitting activities shall be considered as part 

of the same industrial grouping if they belong to the same "Major 

Group" (i.e. which have the same two-digit code) as described in the 

Standard Industrial Classification Manual, 1972, as amended by the 

1977 Supplement (US Government Printing Office stock numbers 4101-0065 

and 003-005-00176-0, respectively).

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

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

including flares.

"Standards of Performance for New Stationary Sources" means the 

Federally established requirements for performance and record keeping 

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

"State" means Utah State.

"Temporary" means not more than 180 calendar days.

"Temporary Clean Coal Technology Demonstration Project" means 

a clean coal technology demonstration project that is operated for 

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

NSC - 23
Implementation Plan and other requirements necessary to attain and 

maintain the national ambient air quality standards during the project 

and after it is terminated.

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

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

by the American Conference of Governmental Industrial Hygienists in 

its "Threshold Limit Values for Chemical Substances and Physical 

Agents and Biological Exposure Indices, (2009)."

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

the time-weighted airborne concentration of a substance adopted by 

the American Conference of Governmental Industrial Hygienists in its 

"Threshold Limit Values for Chemical Substances and Physical Agents 

and Biological Exposure Indices, (2009)."

 "Total Suspended Particulate (TSP)" means minute separate 

particles of matter, collected by high volume sampler.

 "Toxic Screening Level" means an ambient concentration of an 

air contaminant equal to a threshold limit value - ceiling (TLV- C) 

or threshold limit value -time weighted average (TLV-TWA) divided 

by a safety factor.

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

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

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

trimmings and other similar materials.

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

CFR 51.100(s)[(1)], effective as of the date referenced in R307-101-3, 

is hereby adopted and incorporated by reference.

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

but not limited to, garbage, trash, household refuse, construction 

or demolition debris, or other refuse including that resulting from 

the prosecution of any business, trade or industry.

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

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

VOC concentration at the time of measurement is zero.

KEY: air pollution, definitions

Date of Enactment or Last Substantive Amendment: February 1, 2013

Notice of Continuation: July 2, 2009

Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a)

NSC - 24
NSC - 25
R307. Environmental Quality, Air Quality.

R307-103. Administrative Procedures.

R307-103-1. Administrative Procedures.

Administrative proceedings under Utah Air Quality Act are 

governed by Rule R305-[6]7. 

KEY: air pollution, administrative procedures, administrative 

proceedings, hearings

Date of Enactment or Last Substantive Amendment: August 29, 2011

Notice of Continuation: March 4, 2010

Authorizing, and Implemented or Interpreted Law: 63G-4

NSC - 26
NSC - 27

Effective Rule

R307-307

DAR No. 37234, NSC

Effective February 15, 2013

E - 1
*-t

R307. Environmental Quality, Air Quality.

R307-307. Road Salting and Sanding.

kt07-307-1. Applicability.

R307-307 applies to all persons who apply salt or

abrasives such as crushed slag and sand to roads in PMl0 and

PM2.5 nonattainment and maintenance areas as defined in 40

CFR 81.345 (July 1, 2011) and geographically desoibed as all

regions ofDavis, Salt Lake, and Utah counties; all portions of

the Cache Valley; all regions in Weber County west of the

Wasatch mountain range; in Box Elder County, from the

Wasatch mountain range west to the Promontory mountain

range and south of Portage; and in Tooele County, from the

northernmost part of the Oquirrh mountain range to the

northem most part of the Stansbury mountain range and north

ofRoute 199.

R307-307-2. Definitions.

The following additional definition applies to R307-

307:

'Arterial roadway" has the same meaning as outlined

in U.S. DOT Federal Highway Administration Publication No.

FHWA-ED-90-006, Revised March 1989, "Highway

Functional Classification: Concepts, Criteri4 and Procedures"

as interpreted by Utah Department of Transportation and

shown in the following maps: Salt Lake Urbanized Are4

Provo-Orem Urbanized Are4 and Ogden Urbanized Area

(1992 or later).

R307-307-3. Records.

(l) Any person who applies salt or abrasives such as

crushed slag and sand to roads in PMl0 and PM2.5

nonattainment and maintenance areas shall maintain records of

the material applied.

(a) For salt, the records shall include the quantity

applied, the percent by weight of insoluble solids in the salg

and the percentage of the material that is sodium chloride

(Nacl), magnesium chloride (MgCl2), calcium chloride

(CaCl2), or potassium chloride (KCl).

(b) For abrasives such as sand or crushed slag, the

records shall include the quantity applied and the percent by

weight of fine material which passes the number 200 sieve in a

standard gradation analysis.

(2) All records shall be maintained for a period of at

least two years, and the records shall be made available to the

director or his designated representative upon request.

R307-307-4. Content.

(l) After October l,1993, any salt applied to roads

in Salt Lake, Davis, or Utah counties shall be at least 92o/o

NaCl, MgCl2, CaCl2, and/or KCl.

(2) After January 1,2014, any salt applied to roads

in all other areas specified in R307-307-l shall be no less than

92o/,by weiglttNaCl, MgCl2, CaCl2, and/or KCl.

R307-307-5. Alternatives.

(l) After October l, 1993, any person who applies

an abrasive such as crushed slag, or sand or who applies salt

that is less than 92o/o by weight NaCl, MgCl2, CaCl2 and/or

KCI to roads in Salt Lake, Davis, or Utah Counties shall either:

(a) demonstrate to the director that the material

applied has no more PM10 or PM2.5 emissions than salt which

is at least 92% NaCl, MgCl2, CaCl2, and/or KCI; or

(b) vacuum sweep every arterial roadway (principal

and minor) to which the material was applied within three days

of the end of the storm for which the application was made.

(2) After January l,20l4,any person who applies an

abrasive such as crushed slag or sand, or who applies salt that is

less than 92% by weight NaCl, MgCl2, and/or CaCl2 to roads

in all other areas specified in R307-307-l shall comply with the

requirements of either R307-307-5(l)(a) or (b).

Ri07-307{. Exemptions.

(l) In the interest ofpublic safety, any person who

applies an abrasive such as crushed slag or sand to arterial

roadways because salt alone would not ensure safe driving

conditions due to steepness of grade or extreme weather is

exempt from the requirements in R307-3074.

(2) The following roads are specifically excluded

from the requirements of R307-307-5(1):

(a) all canyon roads;

(b) the portion of tnterstate 15 near Point of the

Mountain;

(c) I-15, from Exit 385 northward to the Idaho

Border;

(d) I-84 from Exit 17 eastward to Exit 40 at

Tremonton;

(e) SR-39 from Harrison Boulevard eastward into

Ogden Canyon;

(D I-84 from the junction with US-89 eastward into

Weber Canyon;

(g) I-80 near Black Rock, from the junction with

SR-36 to the junction with SR-202;

(h) SR-199; and

(D SR-re6.

KEY: air pollution, roads, particulate

Date of Enactment or Last Substantive Amendment:

February 1,2013

Notice of Continuation: June 2, 2010

Authorizing, and Implemented or Interpreted Law: 19-2-

104

!--dar--

E - 2
R307-355-s

DAR No. 37237, NSC

Effective February 15, 2013

lED A TRI,IE COTTV

A Hanaon, Deecbr

E - 3
R307. Environmental Quality, Air Quality.

R307-355. Control of Emissions from Aerospace

Manufacture and Rework Facilities.

R307-35$5. Emission Standards.

( I ) The owner or operator shall not cause, permit, or

allow the emissions of VOCs from the coating of aerospace

vehicles or components to exceed:

(a) 2.9 pounds per gallon of coating, excluding

water and exempt solvents, delivered to a coating applicator

that applies primers. For general aviation rework facilities, the

VOC limitation shall be 4.5 pounds per gallon of coating,

excluding water and exempt solvents, delivered to a coating

applicator that applies primers;

(b) 3.5 pounds per gallon of coating excluding

water and exempt solvents, delivered to a coating applicator

that applies topcoats (including self-priming topcoats). For

general aviation rework facilities, the VOC limit shall be 4.5

pounds per gallon of coating, excluding water and exempt

solvents, delivered to a coating applicator that applies topcoats

(including self-priming topcoats);

(c) 5.2 pounds per gallon of coating excluding

water and exempt solvents, delivered to a coating applicator

that applies Tlpe I chemical milling maskant;

(d) 1.3 pounds per gallon of coating, excluding

water and exempt solvents, delivered to a coating applicator

that applies Type II chemical milling maskants; and

(e) Emissions of VOCs from specialty coatings in

excess of the amounts specified in EPA-453/R-97-004,

December 1997,page B-2, hereby incorporated by reference.

(2) The owner or operator may altematively comply

with R307-355-5(l)(a) through (d) by using an add-on control

device as specified in R307-355-9.

(3) The following coating applications are exempt

from rhe voc content limits in R307-355-5(l);

(a) Touchup and repair operations.

(b) Use ofhand-held spray can application method.

(c) Department of Defense classified coatings.

(d) Coatings ofspace vehicles.

(e) Facilities that use sepamte formulations in

volumes of less than 50 gallons p€r year subject to a maximum

exemption of 200 gallons total for such formulations applied

annually.

KEY: air pollution, coating, aerospace

Date of Enactment or Last Substantive Amendment:

February 1,2013

Authorizing, and Implemented or Interpreted Law: l9-2-

104(l)(a)

!-darE - 4
R307-351-4

DAR No.37235, NSC

Effective February 15, 2013

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E - 5
R307. Environmental Quality, Air Quality.

R307-351. Graphic Arts.

R307-3514. Standards for Rotogravure, Flexographic, and

Specialty Printing Operations. (1) No owner or operator of a packaging and

publication rotogravure; packaging and publication

flexographic, and specialty printing operations employing

VOC-containing ink may operate, cause, or allow or permit the

operation ofa facility unless:

(a) The volatile fraction ofink, as it is applied to the

substrate, contains 25.0o/oby volume or less of VOC and75.0o/o

by volume or more of water; or

(b) The ink as it is applied to the substrate, less water,

contains 60.07o by volume or more nonvolatile material; or

(c) The owner or operator installs and operates either

a carbon adsorption system as described in R307-35I4(lXaXD

or an incineration system as described in R307-3514(l)(a{ii).

(D A carbon adsorption system shall reduce the

volatile organic emissions from the capture system by a

minimum of 90.0%by weight.

(ii) An incineration system shall oxidize, from the

capture system, a minimum of 90.0olo of the non-methane VOCs

measured as total combustible carbon to carbon dioxide and

water.

(iiD A capture system as described in R307-351-

a(l)(c)(iv) shall be used in conjunction with a carbon adsorption

system and an incineration system.

(iv) The design and operation of a capture system

must be consistent with good engineering practices and shall be

required to provide for an overall reduction in VOC emissions

of at least:

(A) 75.0% where a publication rotogravure process

is employed;

(B) 65.0% where a packaging rotogravure process is

employed; or

(C) 60.0% where a flexographic printing process is

employed.

(2) The owner or operator of an emission control

device shall provide documentation that the system will attain

the requirements of R307-351-4.

(3) The Emission control system shall be operated

and maintained in accordance with the manufacturer

recommendations.

(4) The owner or operator of an emission control

device shall maintain for a minimum of two years records of

operating and maintenance sufficient to demonstrate that the

equipment is being operated and maintained in accordance

with the manufacturer recommendations.

KEY: air pollution, graphic arts, VOC, printing operations

Date of Enactment or Last Substantive Amendment:

February 1,2013

Authorizing, and Implemented or Interpreted Law: l9-2-

lM(rXa)

!-darE - 6
R307-351-2

DAR No.38015, NSC

Effective October 8, 2014

CEffiT!trIHD A TTqUE COrNr

Kenrwth,A. Harwom, mMoator

,Dir.rit.cfrt': 4'r{ fi.iri.'ri,'; r,:r ;\,:: r :' : r'}. "P.6e E - 7
R307. Environmental euatity, Air euality.

R307-351. Graphic Arts.

R307-351-2. Appticabitity.

R307-351 applies to graphic arts printing operations in Box Elder, Cache, Davis, Salt Lake, Utah hd W.b.,

counties as specified below. For purposes of determining

yht"1 the emissions applicability threshold or an equivalent

threshold is me! the owner or operator shall consider source_

wide emissions from all printing operations including related

cleaning activities prior to controls. (l) R307-351-4 applies to all packaging and publication rotograwre; packaging and publication

flexographic; and specialty printing operations employing

VOC-containing inks, including dilution and cleanin!

materials, that have potential to emit on a per press basis equai

to or greater than 25 tons per year of VOC. Flexible packagrng

printing is exempt from R307-351-4.

(2) R307-351-5 applies to all flexible packaging

printing operations with potential to emit on a per press basis,

from the dryer, prior to controls, equal to o, g..ui.. than 25

tons per year of VOC from inks, coatings and adhesives

combined.

(3) R307-351-6(l) applies to individual heatset web

offset lithographic printing presses and individual heatset web

letterpress printing presses with potential to emit from the

dryer, on a per press basis, prior to controls, equal to or greater

thm 25 tons per year of VOC. Heatset presses used for book

printing and heatset presses with maximum web width of 22

inches or less are exempt from R307-35 l-6(l). (4) R307-351-6(4) applies to offset lithographic

printing operations that emit at least 2.7 tons per year actual

emissions of VOC, or an equivalent level, befori consideration

ofcontrols. Any press with total fountain solution reservoir of

less than one gallon and sheet-fed presses with maximum sheet

!g9 of ll inches by l7 inches or smaller are exempt from

R307-351-6(4).

(5) R307-351-6(5) applies to offset lithographic

printing and letterpress printing operations that emit atleast2.T

tons per year actual emissions of VOC, or an equivalent level,

before consideration of controls. Cleaners ur.d on electronic

compon€nts of a press, pre-press cleaning operations (e.g.,

platemaking), post-press cleaning operations (e.g., binding),

cleaning supplies (e.g., detergents) used to clean the floor

(other than dried ink) in the area around a press, or cleaning

performed in parts washers or cold cleaners are exempt &om

R307-3sl-6(5).

(6) R307-351-7 applies to all graphic arts printing

operations that emit at least 2.7 tons per year actual emissions of VOC, or an equivalent level, before consideration of

controls.

KEY: air pollution, graphic arts, VOC, printing operations

Date of Enactment or Last Substantive Amendment:

February 1,2013

Authorizing, and Implemented or Interpreted Law: l9-2_

t0a(1)(a)

!-dar-

E - 8
R307-101-2

DAR No. 37234, NSC

Effective July 9,2013

HTIFIED A TRUE COPY

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E - 9
R307. Environmental Quality, Air Quality.

Rt07-101. General Requirements.

Ri07-101-2. Defi nitions.

Except where specified in individual rules,

definitions in R307-l0l-2 are applicable to all rules adopted by

the Air Quality Board.

"Actual Emissions" means the actual rate of

emissions of a pollutant from an emissions unit determined as

follows:

(l) In general, actual emissions as of a particular

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

unit actually emitted the pollutant during a two-year period

which precedes the particular date and which is representative

ofnormal source operations. The director shall allow the use of

a different time period upon a determination that it is more

representative of normal source operation. Acfual emissions

shall be calculated using the unifs actual operating hows,

production rates, and types of materials processed, stored, or

combusted during the selected time period.

(2) The director may presume that source-specific

allowable emissions for the unit are equivalent to the actual

emissions of the unit.

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

utility steam generating unit specified in (4), which has not

begun normal operations on the particular date, actual

emissions shall equal the potential to emit of the unit on that

date.

(4) For an electric utility steam generating unit

(other than a new unit or the replacement ofan existing unit)

actual emissions of the unit following the physical or

operational change shall equal the representative actual annual

emissions of the unig provided the source owner or operator

maintains and submits to the director, on an annual basis for a

period of 5 years from the date the unit resumes regular

operation, information demonstrating that the physical or

operational change did not result in an emissions increase. A

longer period, not to exceed 10 years, may be required by the

director if the director determines such a period to be more

representative of normal source post-change operations.

"Acute Hazardous Air Pollutant" means any

noncarcinogenic hazardous air pollutant for which a threshold

limit value - ceiling (TLV-C) has been adopted by the

American Conference of Govemmental Industrial Hygienists

(ACGIH) in its "Threshold Limit Values for Chemical

Substances and Physical Agents and Biological Exposure

Indices, (2009)."

"Air Contaminant" means any particulate matter or

any gas, vapor, suspended solid or any combination ofthem,

excluding steam and water vapors (Section l9-2-102(l)).

"Air Contaminant Source" means any and all sources

of emission of air contaminants whether privately or publicly

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

"Air Pollution" means the presence in the ambient air

of one or more air contaminants in such quantities and duration

and under conditions and circumstances, as is or tends to be

injurious to human health or welfare, animal or plant life, or

property, or would unreasonably interfere with the enjoyment

of life or use of property as determined by the standards, rules

and regulations adopted by the Air Quality Board (Section 19-

2-104).

"Allowable Emissions" means the emission rate of a

source calculated using the maximum rated capacity of the

source (unless the source is subject to enforceable limits which

restrict the operating rate, or hours of operation, or both) and

the emission limitation established pursuant to R307-401-8.

"Ambient Air" means the surrounding or outside air

(Section 19 -2- 102(4)).

"Appropriate Authority" means the goveming body

ofany city, town or county.

"Atmosphere" means the air that envelops or

surrounds the earth and includes all space outside of buildings,

stacks or exterior ducts.

"Authorized Local Authority" means a city, county,

city-county or district health departrnent; a city, county or

combination fire departrnent; or other local agency duly

designated by appropriate authority, with approval ofthe state

Department of Health; and other lawfully adopted ordinances,

codes or regulations not in conflict therewith.

"Board" means Air Quality Board. See Section l9-2-

102(8)(a).

"Breakdown" means any malfunction or procedural

error, to include but not limited to any malfunction or

procedural error during start-up and shutdown, which will

result in the inoperability or sudden loss ofperformance ofthe

control equipment or process equipment causing emissions in

excess ofthose allowed by approval order or Title R307.

"BTU" means British Thermal Uni! the quantity of

heat necessary to raise the temperature ofone pound ofwater

one degree Fahrenheit.

"Calibration Drift" means the change in the

instrument meter readout over a stated period of time of normal

continuous operation when the VOC concentration at the time

of measurement is the same known upscale value.

"Carbon Adsorption System" means a device

containing adsorbent material (e.g., activated carbon,

aluminunl silica gel), an inlet and outlet for exhaust gases, and

a system for the proper disposal or reuse ofall VOC adsorbed.

"Carcinogenic Hazardous Air Pollutant" means any

hazardous air pollutant that is classified as a known human

carcinogen (Al) or suspected human carcinogen (A2) by the

American Conference of Govemmental Industrial Hygienists

(ACGIH) in its "Threshold Limit Values for Chemical

Substances and Physical Agents and Biological Exposure

Indices, (2009).'

"Chargeable Pollutant" means any regulated air

pollutant except the following:

(l) Carbonmonoxide;

(2) Any pollutant that is a regulated air pollutant

solely because it is a Class I or II substance subject to a

standard promulgated or established by Title VI of the Act,

Stratospheric Ozone Protection;

(3) Any pollutant that is a regulated air pollutant

solely because it is subject to a standard or regulation under

Section I l2(r) ofthe Ac! Prevention ofAccidental Releases.

"Chronic Hazardous Air Pollutant" means any

noncarcinogenic hazardous air pollutant for which a threshold

limit value - time weighted average (TLV-TWA) having no

E - 10
threshold limit value - ceiling (TLV-C) has been adopted by the

American Conference of Govemmental Industrial Hygienists

(ACGIH) in its "Threshold Limit Values for Chemical

Substances and Physical Agents and Biological Exposure

Indices, (2009)."

"Clean Air Act" means federal Clean Air Act as

amended in 1990.

"Clean Coal Technology" means any technolory,

including technologies applied at the precombustion,

combustion, or post combustion stage, at a new or existing

facility which will achieve significant reductions in air

emissions of sulfur dioxide or oxides of nitrogen associated

with the utilization of coal in the generation of electricity, or

process steam which was not in widespread use as of

November 15, 1990.

"Clean Coal Technolory Demonstration Project"

means a project using funds appropriated under the heading

"Departrnent of Energy-Clean Coal Technology," up to a total

arnount of $2,500,000,000 for commercial demonstration of

clean coal technolory, or similar projects funded through

appropriations for the Environmental Protection Agency. The

Federal contribution for a qualiSing project shall be at least 20

percent ofthe total cost ofthe demonstration project.

"Clearing Index" means an indicator of the predicted

rate ofclearance ofground level pollutants from a given areaThis number is provided by the National Weather Service.

"Commence" as applied to construction of a major

source or major modification means that the owner or operator

has all necessary pre-construction approvals or permits and

either has:

( I ) Begun, or caused to begin, a continuous program

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

within a reasonable time; or

(2) Entered into binding agreements or contractual

obligations, which cannot be canceled or modifred without

substantial loss to the owner or operator, to undertake a

program ofactual construction ofthe source to be completed

within a reasonable time.

"Condensable PM2.5' means material that is vapor

phase at stack conditions, but which condenses and/or reacts

upon cooling and dilution in the ambient air to form solid or

liquid particulate matter immediately after discharge from the

stack.

"Compliance Schedule" meims a schedule of events,

by date, which will result in compliance with these regulations.

"Construction" means any physical change or change

in the method of operation including fabrication, erection,

installation, demolition, or modification of a source which

would result in a change in actual emissions.

"Control Apparafus" means any device which

prevents or controls the emission of any air contaminant

directly or indirectly into the outdoor atmosphere.

"Department" means Utah State Department of

Environmental Quality. See Section I 9-l - 103( I ).

"Director" means the Director of the Division of Air

Quality. See Section l9-l-103(l).

"Division" means the Division of Air Quality.

"Electric Utility Steam Generating Unit" means any

steam electric generating unit that is constructed for the purpose

ofsupplying more than one-third ofits potential electric output

capacity and more than 25 MW electrical output to any utility

power distribution system for sale. Any steam supplied to a

steam distribution system for the purpose ofproviding stearn to

a steam-electric generator that would produce electrical energy

for sale is also considered in determining the electrical energy

output capacity ofthe affected facility.

"Emission" means the act of discharge into the

afrnosphere ofan air contaminant or an effluent which contains

or may contain an air contaminant; or the effluent so discharged

into the atmosphere.

"Emissions Information" means, with reference to

any source operation, equipment or control apparatus:

(l) Information necessary to determine the identity,

amount, ftequency, concentration, or other characteristics

related to air quality of any air contaminant which has been

emitted by the source operation, equipment, or control

apparatus;

(2) Information necessary to determine the identity,

arnount, frequency, concentration, or other characteristics (to

the extent related to air quality) of any air contaminant which,

under an applicable standard or limitation, the source operation

was authorized to emit (including, to the extent necessary for

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

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

and

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

nature of the source operation to the extent necessary to

identi! the source operation and to distinguish it from other

source operations (including to the extent necessary for such

purposes, a description of the device, installation, or operation

constituting the source operation).

"Emission Limitation" means a requirement

established by the Board, the director or the Administrator,

EPA" which limits the quantity, rate or concentration of

emission of air pollutants on a continuous emission reduction

including any requirement relating to the operation or

maintenance of a source to assure continuous emission

reduction (Section 3 02(k).

"Emissions Unit" means any part of a stationary

source which emits or would have the potential to emit any

pollutant subject to regulation under the Clean Air Act.

"Enforceable" means all limitations and conditions

which are enforceable by the Administrator, including those

requirements developed pursuant to 40 CFR Parts 60 and 61,

requirements within the State Implementation Plan and R307,

any permit requirements established pursuant to 40 CFR 52.21

or R307-401.

"EPA" means Environmental Protection Agency.

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

A, Method 9, "Visual Determination of Opacity of Emissions

from Stationary Sources," and Altemate l, "Determination of

the opacity of emissions from stationary sources remotely by

LIDAR."

"Executive Director" means the Executive Director

of the Utah Department of Environmental Quality. See Section

l9-l-r03(2).

E - 11
"Existing Installation" means an installation,

construction of which began prior to the effective date of any

regulation having application to it.

"Facility" means machinery, equipment, structures of

any part or accessories thereof, installed or acquired for the

primary purpose of controlling or disposing of air pollution. It

does not include an air conditioner, fan or other similar device

for the comfort ofpersonnel.

"Filterable PM2.5' means particles with iur

aerodynamic diameter equal to or less than 2.5 micrometers

that are directly emitted by a source as a solid or liquid at stack

or release conditions and can be captured on the filter ofa stack

test hain.

"Fireplace" means all devices both masonry or

factory built units (free standing fireplaces) with a hearth, fire

chamber or similarly prepared device connected to a chimney

which provides the operator with little control of combustion

air, leaving its fire chamber fully or at least partially open to the

room. Fireplaces include those devices with circulating

systems, heat exchangers, or draft reducing doors with a net

thermal efficiency of no greater tlan twenty percent and are

used for aesthetic purposes.

"Fugitive Dust" means particulate, composed of soil

and/or industrial particulates such as ash, coal, minerals, etc.,

which becomes airbome because of wind or mechanical

disturbance of surfaces. Natural sources of dust and fugitive

emissions are not fugitive dust within the meaning of this

definition.

"Fugitive Emissions" means emissions from an

installation or facility which are neither passed through an air

cleaning device nor vented through a stack or could not

reasonably pass through a stach chimney, vent, or other

fu nctionally equivalent opening.

"Garbage" means all putrescible animal and

vegetable matter resulting from the handling, preparation,

cooking and consumption of food, including wastes attendant

thereto.

"Gasoline" means any petroleum distillate, used as a

fuel for internal combustion engines, having a Reid vapor

pressure of4 pounds or greater.

"Hazardous Air Pollutant (HAe;' means any

pollutant listed by the EPA as a hazardous air pollutant in

conformance with Section I l2(b) of the Clean Air Act. A list

of these pollutants is available at the Division of Air Quality.

"Household Waste" means any solid or liquid

material normally generated by the family in a residence in the

course ofordinary day-to-day living, including but not limited

to garbage, paper products, rags, leaves and garden trash.

"lncinerator" means a combustion apparafus

designed for high temperature operation in which solid,

semisolid, liquid, or gaseous combustible wastes are ignited

and bumed efficiently and fiom which the solid and gaseous

residues contain little or no combustible material.

"lnstallation" means a discrete process with

identifiable emissions which may be part of a larger industrial

plant. Pollution equipment shall not be considered a separate

installation or installations.

"LPG" means liquified petroleum gas such as

propane or butane.

"Maintenance Area" means an area that is subject to

the provisions of a maintenance plan that is included in the

Utah state implementation plan, and that has been redesignated

by EPA from nonattainment to attainment of any National

Ambient Air Quality Standard.

(a) The following areas are considered maintenance

areas for ozone:

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

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

(b) The following areas are considered maintenance

areas for carbon monoxide:

(D Salt Lake City, effective March22, 1999;

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

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

(c) The following areas are considered maintenance

areas for PMl0:

(D Salt Lake County, efective on the date that EPA

approves the maintenance plan that was adopted by the Board

on July 6, 2005; and

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

approves the maintenance plan that was adopted by the Board

on July 6, 2005; and

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

approves the maintenance plan that was adopted by the Board

on July 6, 2005.

(d) The following area is considered a maintenance

area for sulfur dioxide: all of Salt Lake County and the eastem

portion ofTooele County above 5600 feet, effective on the date

that EPA approves the maintenance plan that was adopted by

the Board on January 5, 2005.

"Major Modification" means any physical change in

or change in the method of operation of a major source that

would result in a significant net emissions increase of any

pollutant. A net emissions increase that is significant for

volatile organic compounds shall be considered significant for

ozone. Within Salt Lake and Davis Counties or any

nonattainment area for ozone, a net emissions increase that is

significant for nitrogen oxides shall be considered sigrrificant

for ozone. Within areas of nonattainment for PMIO, a

significant net emission increase for any PMIO precursor is

also a significant net emission increase for PM10. A physical

change or change in the method ofoperation shall not include:

(l) routine maintenance, repair and replacement;

(2) use of an altemative fuel or raw material by

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

Supply and Environmental Coordination Act of 1974, or by

reason of a natural gas curtailment plan pursuant to the Federal

Power Act;

(3) use of an altemative fuel by reason of an order or

rule under section 125 of the federal Clean Air Act;

(4) use of an altemative fuel at a steam generating

unit to the extent that the fuel is generated fiom municipal solid

waste;

(5) use of an altemative fuel or raw material by a

source:

(a) which the source was capable of accommodating

before January 6, 1975, unless such change would be

prohibited under any enforceable permit condition; or

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

E - 12
(6) an increase in the hours of operation or in the

production rate unless such change would be prohibited under

any enforceable permit condition;

(7) any change in ownership at a source

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

control project at an existing electric utility steam generating

unit, unless -the director determines that such addition,

replacemen! or use renders the unit less environmentally

beneficial, or except:

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

pollution control project would result in a significant net

increase in representative actual annual emissions of any

criteria pollutant over levels used for that source in the most

recent air quality impact analysis in the area conducted for the

purpose of Title I of the Clean Air Ac! if any, and

(b) the director determines that the increase will

cause or contribute to a violation of any national ambient air

quality standard or PSD increment, or visibility limitation.

(9) the installation, operation, cessation, or removal

of a temporary clean coal technolory demonstration projecL

provided that the project complies with:

(a) the Utah State Implementation Plan; and

(b) other requirements necessary to attain and

maintain the national ambient air quality standards during the

project and after it is terminated.

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

federal Clean Air Act as applicable to R307:

(1) any stationary source of air pollutants which

emits, or has the potential to emit, one hundred tons per year or

more of any pollutant subject to regulation under the Clean Air

Act; or

(a) any source located in a nonattainment area for

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

carbon monoxide in the arnounts outlined in Section 187 ofthe

federal Clean Air Act with respect to the severity of the

nonattainment area as outlined in Section 187 of the federal

Clean Air Act; or

(b) any source located in Salt Lake or Davis

Counties or in a nonattainment area for ozone which emits, or

has the potential to emit, VOC or nitrogen oxides in the

arnounts outlined in Section 182 of the federal Clean Air Act

with respect to the severity of the nonattainment area as

outlined in Section 182 of the federal Clean Air Act; or

(c) any source located in a nonattainment area for

PMl0 which emits, or has the potential to emit, PMIO or any

PMl0 precursor in the arnounts outlined in Section 189 of the

federal Clean Air Act with respect to the severity of the

nonattainment area as outlined in Section 189 of the federal

Clean Air Act.

(2) aurry physical change that would occur at a source

not qualifying under subpart I as a major source, if the change

would constitute a major source by itself;

(3) the fugitive emissions and fugitive dust of a

stationary source shall not be included in determining for any

of the purposes of these R307 rules whether it is a major

stationary source, unless the source belongs to one of the

following categories of stationary sources:

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

(b) Kraft pulp mills;

(c) Portland cement plants;

(d) Primary zinc smelters;

(e) Iron and steel mills;

(f) Primary aluminum or reduction plants;

(g) Primary copper smelters;

(h) Municipal incinerators capable of charging more

than 250 tons of refuse per day;

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

O Petroleum refineries;

(k) Lime plants;

(l) Phosphate rock processing plants;

(m) Coke oven batteries;

(n) Sulfur recovery plants;

(o) Carbon black plants (fumace process);

(p) Primary lead smelters;

(q) Fuel conversion plants;

(r) Sintering plants;

(s) Secondary metal production plants;

(t) Chemical process plants;

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

totaling more than 250 million British Thermal Units per hour

heat input;

(v) Peholeum storage and transfer units with a total

storage capacity exceeding 300,000 barrels;

(w) Taconite ore processing plants;

(x) Glass fiber processing plants;

(y) Charcoal production plants;

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

than 250 million British Thermal Units per hour heat input;

(aa) Any other stationary source category which, as

ofAugust 7, 1980, is being regulated under section 1ll or l12

of the federal Clean Air Act.

"Modification" means any planned change in a

source which results in a potential increase ofemission.

"National Ambient Air Quality Standards (NAAQS)"

means the allowable concentrations of air pollutants in the

ambient air specified by the Federal Govemment (Title 40,

Code ofFederal Regulations, Part 50).

"Net Emissions Increase" means the amount by

which the sum of the following exceeds zero:

(l) any increase in actual emissions from a particular

physical change or change in method ofoperation at a source;

and

(2) any other increases and decreases in actual

emissions at the source that are contemporaneous with the

particular change and are otherwise creditable. For purposes of

determining a "net emissions increase":

(a) An increase or decrease in actual emissions is

contemporaneous with the increase from the particular change

only if it occurs between the date five years before construction

on the particular change commences; and the date that the

increase from the particular change occurs.

(b) An increase or decrease in actual emissions is

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

approval for the source which approval is in effect when the

increase in actual emissions for the particular change occurs.

(c) An increase or decrease in actual emission of

sulfur dioxide, nitrogen oxides or particulate matter which

occurs before an applicable minor source baseline date is

E - 13
creditable only if it is required to be considered in calculating

the amount of maximum allowable increases remaining

available. With respect to particulate matter, only PMIO

emissions will be used to evaluate this increase or decrease.

(d) An increase in actual emissions is creditable only

to the extent that the new level of actual emissions exceeds the

old level.

(e) A decrease in actual emissions is creditable only

to the extent that:

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

of allowable emissions, whichever is lower, exceeds the new

level of actual emissions;

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

construction on the particular change begins; and

(iiD It has approximately the same qualitative

significance for public health and welfare as that attributed to

the increase from the particular change.

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

under R307401 nor has it been relied on in demonstrating

attainment or reasonable further progress.

(f1 An increase that results from a physical change at

a source occurs when the emissions unit on which construction

occurred becomes operational and begins to emit a particular

, pollutant. Any replacement unit that requires shakedown

becomes operational only after a reasonable shakedown period,

not to exceed 180 days.

'New Installation" means an installation,

construction of which began after the effective date of any

regulation having application to it.

'Nonattainment Area" means an area designated by

the Environmental Protection Agency as nonattainment under

Section 107, Clean Air Act for any National Ambient Air

Quality Standard. The desigrations for Utah are listed in 40

cFR 81.345.

"Offset" meims an amount of emission reduction, by

a source, greater than the emission limitation imposed on such

source by these regulations and/or the State Implementation

Plan.

"Opacrty" means the capacity to obstruct the

transmission oflight, expressed as percent.

"Open Buming" means any buming of combustible

materials resulting in emission of products of combustion into

ambient air without passage through a chimney or stack.

"Owner or Operator" means any person who owns,

leases, controls, operates or supervises a facility, an emission

source, or air pollution control equipment.

"PSD" Area means an area designated as attainment

or unclassifiable under section 107(d)(l)(D) or (E) of the

federal Clean Air Act.

"PM2.5" means particulate matter with an

aerodynamic diameter less than or equal to a nominal 2.5

micrometers as measured by an EPA reference or equivalent

method.

'PM2.5 Precursor" means any chemical compound

or substance which, after it has been emitted into the

atmosphere, undergoes chemical or physical changes that

convert it into particulate matter, specifically PM2.5, and has

been identified in the applicable implementation plan for

PM2.5 as significant for the purpose of developing control

measures.

and VOC.

Specifically, PM2.5 precursors include SO2, NOx,

'PMl0' me.ms particulate matter with an

aerodynamic diameter less than or equal to a nominal l0

micrometers as measured by an EPA reference or equivalent

method.

"PMl0 Precursor" means any chemical compound or

substance which, after it has been emitted into the atmosphere,

undergoes chemical or physical changes that convert it into

particulate matter, specifically PMl0.

"Part 70 Source" means any source subject to the

permitting requirements of R307-41 5.

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

company, corporation, partnership, association, state, state or

federal agency or entity, municipality, commission, or political

subdivision of a state. (Subsection I 9-2-1 03(4).

"Pollution Control Project" means any activity or

project at an existing electric utility stearn generating unit for

purposes ofreducing emissions from such unit. Such activities

or projects are limited to:

(l) The installation of conventional or innovative

pollution conhol technolory, including but not limited to

advanced flue gas desulfurization, sorbent injection for sulfur

dioxide and nitrogen oxides controls and electrostatic

precipitators;

(2) An activity or project to accommodate switching

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

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

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

the purpose of controlling emissions;

(3) A permanent clean coal technology

demonstration project conducted under Title II, sec. l0l(d) of

the Further Continuing Appropriations Act of 1985 (sec.

5903(d) oftitle 42 ofthe United States Code), or subsequent

appropriations, up to a total amount of $2,500,000,000 for

commercial demonstration of clean coal technolory, or similar

projects funded through appropriations for the Environmental

Protection Agency; or

(4) A permanent clean coal technolory

demonstration project that constitutes a repowering project.

"Potential to Emit" means the maximum capacity of a

source to emit a pollutant under its physical and operational

desigrr. Any physical or operational limitation on the capacity

of the source to emit a pollutant including air pollution conhol

equipment and restrictions on hours ofoperation or on the type

or amount of material combusted, stored, or processed shall be

treated as part of its design if the limitation or the effect it

would have on emissions is enforceable. Secondary emissions

do not count in determining the potential to emit of a stationary

source.

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

and condensable PM2.5.

"Process Level" means the operation of a source,

specific to the kind or tlpe of fuel, input material, or mode of

operation.

"Process Rate" means the quantity per unit of time of

any raw material or process intermediate consumed, or product

generated, through the use ofany equipment, source operation,

or control apparatus. For a stationary intemal combustion unit

E - 14
or any other fuel buming equipment this term may be

expressed as the quantity of fuel bumed per unit of time.

"Reactivation of a Very Clean Coal-Fired Electric

Utility Steam Generating Unit" means any physical change or

change in the method of operation associated with the

commencement of commercial operations by a coal-fired utility

unit after a period ofdiscontinued operation where the unit:

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

prior to the enactment of the Clean Air Act Amendments of

1990, and the emissions from such unit continue to be canied

in the emission inventory at the time of enactment;

(2) Was equipped prior to shutdown with a

continuous system ofemissions conhol that achieves a removal

efficiency for sulfur dioxide of no less than 85 percent and a

removal efficiency for particulates of no less than 98 percent;

(3) Is equipped with low-NOx bumers prior to the

time of commencement of operations following reactivation;

and

(4) Is otherwise in compliance with the requirements

of the Clean Air Act.

"Reasonable Further Progress" means annual

incremental reductions in emission of an air pollutant which are

sufficient to provide for attainment of the NAAQS by the date

identified in the State Implementation Plan.

"Refuse" means solid wastes, such as garbage and

trash.

"Regulated air pollutant" means any of the following:

(a) Nitrogen oxides or any volatile organic

compound;

(b) AnV pollutant for which a national ambient air

quality standard has been promulgated;

(c) Any pollutant that is subject to any standard

promulgated under Section lll of the Act, Standards of

Performance for New Stationary Sources;

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

promulgated under or established by Title VI of the Act,

Stratospheric Ozone Protection;

(e) Any pollutant subject to a standard promulgated

under Section ll2, Hazardous Air Pollutants, or other

requirements established under Section ll2 of the Act,

including Sections I l2(g), 0), and (r) ofthe Act, including any

ofthe following:

(i) Any pollutant subject to requirements under

Section ll2O of the Act Equivalent Emission Limitation by

Permit. If the Administrator fails to promulgate a standard by

the date established pursuantto Section ll2(e) ofthe Ac! any

pollutant for which a subject source would be major shall be

considered to be regulated on the date 18 months after the

applicable date established pursuant to Section ll2(e) ofthe

Act;

(iD Any pollutant for which the requirements of

Section ll2(g)(2) of the Act (Construction, Reconstruction and

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

individual source subject to Section ll2(g)(2) requirement.

"Repowering" means replacement of an existing

coal-fired boiler with one of the following clean coal

technologies: atmospheric or pressurized fluidized bed

combustion, integrated gasification combined cycle,

magnetohydrodynamics, direct and indirect coal-fired turbines,

integrated gasification fuel cells, or as determined by the

Administrator, in consultation with the Secretary of Enerry, a

derivative of one or more of these technologies, and any other

technology capable of controlling multiple combustion

emissions simultaneously with improved boiler or generation

efficiency and with significantly greater waste reduction

relative to the performance of technology in widespread

commercial use as ofNovember 15, 1990.

( I ) Repowering shall also include any oil and/or gasfired unit which has been awarded clean coal technolory

demonshation funding as of January l, 1991, by the

Department of Energy.

(2) The director shall give expedited consideration

permit applications for any source that satisfies

requirements of this definition and is granted

under section 409 of the Clean Air Act.

"Representative Actual Annual Emissions" means the

average rate, in tons per year, at which the source is projected

to emit a pollutant for the two-year period after a physical

change or change in the method of operation of uni! (or a

different consecutive two.year period within l0 years after that

change, where the director determines that such period is more

representative of source operations), considering the effect any

such change will have on increasing or decreasing the hourly

emissions rate and on projected capacity utilization. In

projecting future emissions the director shall:

(l) Consider all relevant information, including but

not limited to, historical operational data the company's own

representations, filings with the State of Federal regulatory

authorities, and compliance plans under title IV of the Clean

Air Act; and

(2) Exclude, in calculating any increase in emissions

that results from the particular physical change or change in the

method of operation at an electric utility steam generating uni!

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

could have been accommodated during the representative

baseline period and is attributable to an increase in projected

capacity utilization at the unit that is unrelated to the particular

change, including any increased utilization due to the rate of

electricity demand growth for the utility system as a whole.

"Residence" means a dwelling in which people live,

including all ancillary buildings.

"Residential Solid Fuel Buming" device means any

residential buming device except a fireplace connected to a

chimney that bums solid fuel and is capable of, and intended

for use as a space heater, domestic water heater, or indoor

cooking appliance, and has an air-to-fuel ratio less than 35-to-l

as determined by the test procedures prescribed in 40 CFR

60.534. It must also have a useable firebox volume of less than

6.10 cubic meters or 20 cubic fee! a minimum bum rate less

than 5 kilograms per hour or I I pounds per hour as determined

by test procedures prescribed in 40 CFR 60.534, and weigh less

than 800 kilograms or 362.9 pounds. Appliances that are

described as prefabricated fireplaces and are designed to

accommodate doors or other accessories that would create the

air starved operating conditions of a residential solid fuel

buming device shall be considered as such. Fireplaces are not

included in this definition for solid fuel buming devices.

"Road" means any public or private road.

lsfies the

extension

E - 15
"Salvage Operation" means any business, trade or

industry engaged in whole or in part in salvaging or reclaiming

any product or material, including but not limited to metals,

chemicals, shipping containers or drums.

"Secondary Emissions" means emissions which

would occur as a result of the construction or operation of a

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

major source or major modification itself.

Secondary emissions must be specific, well defined,

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

modification which causes the secondary emissions. Secondary

emissions include emissions from any oflsite support facility

which would not be constructed or increase its emissions

except as a result of the construction or operation of the major

source or major modification. Secondary emissions do not

include any emissions which come directly from a mobile

source such as emissions from the tailpipe of a motor vehicle,

from a train, or from a vessel.

Fugitive emissions and fugitive dust &om the source

or modification are not considered secondary emissions.

"Secondary PM2.5' means particles that form or

grow in mass through chemical reactions in the ambient air

well after dilution and condensation have occurred. Secondary

PM2.5 is usually formed at some distance downwind from the

source.

"Significant" means:

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

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

rate of emissions that would equal or exceed any of the

following rates:

Carbon monoxide: I 00 ton per year (tpy);

Nitrogen oxides: 40 tpy;

Sultur dioxide: 40 tpy;

PMIO: 15 tpy;

PM2.5:10tpy;

Particulate malter: 25 tpy;'

Ozone: 40 tpy of volatile organic compounds;

Lead: 0.6 tpy.

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

organic material or combination of these materials.

"Solvent" means organic materials which are liquid

at standard conditions (Standard Temperature and Pressure)

and which are used as dissolvers, viscosity reducers, or

cleaning agents.

"Source" means any strucfure, building, facility, or

installation which emits or may emit any air pollutant subject to

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

or more continuous or adjacent properties and which is under

the control of the same person or persons under common

control. A building, structure, facility, or installation means all

of the pollutant-emitting activities which belong to the same

industrial grouping. Pollutant-emitting activities shall be

considered as part of the same industrial grouping if they

belong to the same "Major Group" (i.e. which have the same

two-digit code) as described in the Standard Industrial

Classification Manual, 1972, as amended by the 1977

Supplement (US Govemment Printing 0ffice stock numbers

4l0l-0065 and 003-005-00176-0, respectively).

"Stack" means any point in a source designed to emit

solids, liquids, or gases into the air, including a pipe or duct but

not including flares.

"Standards of Performance for New Stationary

Sources" means the Federally established requirements for

performance and record keeping (Title 40 Code of Federal

Regulations, Part 60).

"State" means Utah State.

"Temporary" means not more than 180 calendar

days.

"Temporary Clean Coal Technolory Demonstration

Project" means a clean coal technology demonstration project

that is operated for a period of 5 years or less, and which

complies with the Utah State Implementation Plan and other

requirements necessary to attain and maintain the national

ambient air quality standards during the project and after it is

terminated.

"Threshold Limit Value - Ceiling (TLV-C)" means

the airbome concentration of a substance which may not be

exceeded, as adopted by the American Conference of

Govemmental Industrial Hygienists in its "Threshold Limit

Values for Chemical Substances and Physical Agents and

Biological Exposure Indices, (2009).'

"Threshold Limit Value - Time Weighted Average

(TLV-TWA)' means the time-weighted airbome concentration

of a substance adopted by the American Conference of

Governmental Industrial Hygienists in its "Threshold Limit

Values for Chemical Substances and Physical Agents and

Biological Exposure Indices, (2009)."

"Total Suspended Particulate (TSP)" means minute

separate particles of matter, collected by high volume sampler.

"Toxic Screening Level" means an ambient

concentration of an air contaminant equal to a threshold limit

value - ceiling (TLV- C) or threshold limit value -time

weighted average (TLV-TWA) divided by a safety factor.

"Trash" means solids not considered to be highly

flammable or explosive including, but not limited to clothing,

rags, leatheq plastic, rubber, floor coverings, excelsior, tree

leaves, yard trimmings and other similar materials.

"Volatile Organic Compound (VOC)' means VOC

as defined in 40 CFR 51.100(s), effective as of the date

referenced in R307-l0l-3, is hereby adopted and incorporated

by reference.

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

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

construction or demolition debris, or other refuse including that

resulting ffom the prosecution of any business, trade or

industry.

"Zero Drift" means the change in the instrument

meter readout over a stated period of time of normal continuous

operation when the VOC concentration at the time of

measurement is zero.

KEY: air pollution, delinitions

Date of Enactment or Last Substantive Amendment:

February 1,2013

Notice of Continuation: July 2, 2fi)9

Authorizing, and Implemented or Interpreted Law: l9-2-

104(l)(a)

E - 16
E - 17
R307-103-1

DAR No. 38252, NSC

Effective January 31, 2014

ffi'jiffig"",

Dr:vi, j,i1,i"r nr a"lill_Tg_.. , _"t^ri

E - 18
R307. Environmental Quality, Air Quality.

R307-103. Administrative Procedures.

R307-103-1. Administrative Procedures.

Administrative proceedings under Utah Air Quality

Act are governed by Rule R305-7.

KEY: air pollution, administrative procedures,

administrative proceedings, hearings

Date of Enactment or Last Substantive Amendment:

August 29,2011

Notice of Continuation: March 4,2010

Authorizing, and Implemented or Interpreted Law: 63G-4

!-darE - 19

Certification

I, Mark W. Berger, Rules Coordinator for the Utah Division of Air Quality, do hereby certifr

that the nonsubstantive rule changes included in this packet of administative documentation

have been made effective. No hearings or public comment period were held as there is no

requirement for such with the filing of a nonsubstantive change and because nonsubstantive rule

changes become effective on the date they are filed with the Utatr Division of Administrative

rules (see Rl5-4-6).

Signed thir ,6 day of June 2014.