### 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

R otogravure, 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
Divisi on of Air Quality
1 95 N. 1950 West
P.O. Box 144820 Salt Lake City, Utah 84114

- 4820

# June , 201 4

# UTAH

ADMINISTRATIVE DOCUMENTATION 

# June 201 4

# 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.

A DMINISTRATIVE 

# D OCUMENTATION

Table of Contents

Legal Authority Utah Code Title 19, Chapter 2, Air Conservation Act

................................ ................................ .................... C

– 1
Utah Code Title 63 G

, Chapter 3 , Administrative Rulemaking Act

................................ ............................... C

– 2 3 Utah Administrative Code, R15, Administrative Rules

................................ ................................ ................. C

– 40

Nonsubstanti ve 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 #3 8015

................................ ................................ ................................ .... 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 Tex t

................................ ................................ ................................ ........................ 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

# 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 orlocation, 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

### 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

### 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;

### (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

--

### 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

### 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

### 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 genera l 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
fl eets 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:

### (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

### 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

### 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

### 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 boardshall 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

### 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

### 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.

### 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

ca using imminent danger to health

-- Powers of executive director

-- Declaration of

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

### 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

### 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.

### (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

### 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

### 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

### 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

### 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.

# 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

### 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.

### 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;

### (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) (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. (i i) 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.

### (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

.

### (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.

### (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

### 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

### 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;

### (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

# 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) 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

### 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

.

### (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

### 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.

### Renumbered and Amended by Chapter 382, 2008 General Session

### ADMINISTRATIVE SERVICES

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;

a nd (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 proce dures 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

.

R1 5-1- 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

### ADMINISTRATIVE SERVICES

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 fa miliar 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 at tached 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 consist s 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

### ADMINISTRATIVE SERVICES

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 recessi ng, 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 a ppeal 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 r equesting 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 an d 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

### ADMINISTRATIVE SERVICES

February 13, 2014 Utah Administrative Code (UAC) - 4 - petitioner's interest in the rule, including relevant affiliation, if any; (d) include a statementas 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 timeframe provided by Section 63G3- 601. (2) The petitioned agency may, within the timeframe 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

### ADMINISTRATIVE SERVICES

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 o f 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 63G

3-402(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 a s 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 enforc e 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 chang es 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

### ADMINISTRATIVE SERVICES

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, 200 7 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 publica tion 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 63G

3- 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 u nder 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 aggregat ed 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 r ule 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
R ule. (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

no tify 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
d ate. (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 pro cedures 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 63G

3- 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

p roposed 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 deadl ines 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 sha ll 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 agencie s 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 unle ss 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
Subsec tion 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
l anguage 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 in clude 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), 63G

3- 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, a nd 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 cost

related 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, afte r 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 s ummarizes the content of the bulletin as required under Subsection 63G

3- 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 direc tor'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 determi nation 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 agencyand 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

# 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 PM 2.5 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 mountai n 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 ran ge 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 19 89, "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 Uta h c ounties 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

### 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 s pecifically 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

### R307. Environmental Quality, Air Quality.

R307 -3 55

. Control of Emissions from A erospace 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 solven ts , 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]) E missions 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: 201 3 Authorizing, and Implemented or Interpreted Law: 19 -2- 104(1)(a)

### R307. Environmental Quality, Air Quality.

R307 -3 51 . 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 p rovide 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:

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

### 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 wit h 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 operati ons 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)

### 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 du ring 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 re presentative 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.
"A cute 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 a nd 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 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 I I 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

### 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 199 0. "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 co ntinuous 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 ambi ent 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

### 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 limitat ion, 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 l ocation 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 o peration 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 emissio n 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 Emissio ns 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.

### "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 suc h 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 ani mal 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 buta ne. "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:

(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 consid ered 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 w as 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 d etermines 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 act ual 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 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 potentia l 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 Secti on 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 st ationary

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;

### (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 comme nces; 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 increa se 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

requ ired 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:

### (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 o n 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
SO 2 

### , 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.

### "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 e lectric 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
combuste d, 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 proc ess 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

### 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 red uction 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.

### (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. "Representat ive 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 p eriod 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 conditio ns 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

### 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. Seco ndary 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, buil ding, 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

### Implementation Plan and other requirements necessary to attain and

maintain the national ambient air quality sta ndards 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 Co nference 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)

### 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

# Effective Rule

### R307-307


### DAR No. 37234, 

### NSC 

### Effective 

### February 15, 

### 2013

# *-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--

### R307-355-s


### DAR No. 37237, 

### NSC 

### Effective 

### February 15, 

### 2013



## lED 

## A TRI,IE COTTV 

## A Hanaon, 

### DeecbrR307. 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)

!-dar### R307-351-4 

### DAR No.37235, NSC
Effective 

### February 15, 2013



## [O4olrrst A Hasen, 

### DhrcU '[V C[vlcinn Of Arlrni.ri*r,-ar 

### .: -!..ro. 

## \ ^-*--- CERTIF'IFD 

## A THT'E 

## @PY

'

- ,a+1? 

# '- ,"sR307. 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)

!-dar### 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.6eR307. 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-



## -

### R307-101-2


### DAR No. 37234, 

### NSC


### Effective 

### July 9,2013



### HTIFIED 

## A TRUE COPY 

## A FtarBG orecb?

, CMq.tryn 

### 6f Ar{r';niqtoter':"- nr ri4qR307. 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 nothreshold 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)."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;

### (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 iscreditable 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

### 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"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)

### R307-103-1 

### DAR No. 38252, 

### NSC 

### Effective 

### January 31, 

### 2014



# ffi'jiffig"",

Dr:vi, j,i1,i"r 

### nr 

# a"lill_Tg

_.. , _"t^riR307. 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

!-dar# 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.