## Office ofthe Governor

State of Utah

GARY R

. HERBERT Governor SPENCER J

. COX Lieutenant Governor



### Shaun McGrath, Regional Admini strator US EPA Region 8 1595 Wynkoop Street Denver, Colorado 80202-1129
Dear Mr. McGrath :

# ~~ce~ow~~ NOV 13 

# 2013 

# SP-AR

November 4, 2013

As Governor, I respectfully request that you approve the revision made to R307-101-3, 

### General Requirements: Vers ion of Cod e of Federal Regulations Incorporated b y Re ference. The amendment to R3 07-1 0 1-3 updates the version ofthe Code ofFederal Regulations incorporated by reference into the rules of the State ofUtah.
The Utah Division of Air Quality is submitting supporting documentation in both electronic and hard copy formats. The electronic and hard copy documents are exact duplicates. If you have questions about this request, please call Bryce C. Bird, director of the Utah Division ofAir Quality, at (801 ) 536-4064.

Enclosures Sincerely,

# ~ l7..c 

# tj.._Cv_-!-
Gary R

. Herbert Governor

RECEIVED U.S

. EPA Region 8 AA's Office 

## NOV 

# o · s2013

Utah State Capitol, Suite 200 • P.O

. Box 142220 • Salt Lake C ity, Utah 84114-2220 • Telephone (80 1) 53 8

- 1000

### State ofUtah
GARY R

. HERBERT Governor
SPENCER J

. COX Lieutenant Governor



### November 18,2013 

### · Department of 

### Environmental Quality

Amanda Smith Executive Director
DIVISION OF AIR QUALITY Bryce C

. Bird

Director



### Shaun McGrath, Regional Administrator US EPA Region 8 1595 Wynkoop Street Denver, Colorado 80202-1129
Dear Mr. McGrath:**DAQP-067~** 

### 13

# ~-:t/::-ZL-1**~**

Enclosed please find for your review one hard copy and one electronic copy ofthe administrative documentation in support of Governor Herbert's November 4, 2013, submittal ofrevisions to R307-101-3, General Requirements: Version of Code of Federal Regulations Incorporated by Reference.


### Ifyou have questions, you can reach me at (801) 536-4064. I look forward to working 

### with you and your stafftoward approval ofthis submittal. Sincerely, 

# A 

# =-e-r::D/**;~rd** Director
BB:MB:svw
Enclosures

195 North 1950 West • Salt Lake City, UT Mailing Address : P.O

. Box 144820 • Salt Lake City, UT 84114-4820 Telephone (801) 536-4000 • Fax (801)536-4099 • T

.D

.D

. (801) 536-4414

www.deq

. utah

.gov Printed on I00% recycled paper

### State ofUtah
GARY R

. HERBERT Governor SPENCER 1. COX Lieutenant Governor 

## Office ofthe Governor

Shaun McGrath, Regional Administrator US EPA Region 8 1595 Wynkoop Street Denver, Colorado 80202-1129
Dear Mr. McGrath: November 4, 2013

As Governor, I respectfully request that you approve the revision made to R307-101-3, 

### General Requirements: Version ofCode of Federal Regulations Incorporated 

### by Reference

. The 

### amendment to R307-101-3 updates the version ofthe Code ofFederal Regulations incorporated by reference into the rules ofthe State ofUtah.
The Utah Division ofAir Quality is submitting supporting documentation in both electronic and hard copy formats. The electronic and hard copy documents are exact duplicates. Ifyou have questions about this request, please call Bryce C. Bird, director ofthe Utah Division ' ofAir Quality, at (801) 536-4064.

Enclosures Sincerely,

# ~/4(~~-f- Gary R. Herbert Governor

Utah State Capitol, Suite 200 • P

.O

. Box 142220 • Salt Lake City, Utah 84114-2220 • Telephone (801) 538-1000

# UTAH

Administrative Documentation

R307-101-3. Version of Code ofFederal Regulations Incorporated by 

# Reference.

State of Utah Department ofEnvironmental Quality Division of Air Quality 195 N. 1950 West P.O. Box 144820 Salt Lake City, Utah 84114-4820 801-536-4000 

# November 19, 2013

# UTAH ADMINISTRATIVE DOCUMENTATION 

# November 2013

# R307-101-3. Code ofFederal Regulations Incorporated by Reference

Legal Authority 

## ADMINISTRATIVE DOCUMENTATION Table of Contents

Utah Code Title 19 , Chapter 2, A ir Conservation Act

.... ..... ... . ... .................. ........ ........... .......................... ..... C-1 U

tah Code Title 63G, Chapter 3, Administrative Rulemaking Act

........................................................... .. .. C-21 U

tah Administrative Code, Rl5, Administrative Rules

................................................................................. C-31 Proposed for Public Comment R307-101-3 : Text as Proposed

........................ .... ... .. .... .... ...... ...... ...................... .. ........................... ........... .... P-1 R307-101-3 : DAR Bulletin (June 1, 2013) Rule Analysis Form, DAR #3 7582

.................................... .. .. .... .. P-2
Public Hearing R307-101-3 : DAR Bulletin- Notice ofPublic Hearing

................................................................................ H-1
Effective Rule R307-101-3 : Final Text

.................................................................................................................. . ..... E-1 R307-101-3 : DAR Bulletin (September 1, 2013) Effective Date Notice

................... . ............................ ... ..... ..E-3
Certification

# Codes

# Air Conservation Act Utah Code-- Title 19 --Chapter 02 (July 13, 2012)

19-2-101

. Short title

-- Policy of state and purpose of chapter

-- Support of local and regional programs- Provision ofCoordinated State Programs

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

........... . ...... .................. ... .. ............................................. ....... .................2 19-2-103. Members ofboard

-- Appointment

-- Terms

-- Organization

-- Per diem and expenses
............................J 19-2-104. Powers ofboard

. ....... .... ............ .. ....... . ................................................................................ .. .. ... . ..... ......... .. .4 19-2-105. Duties ofboard

.................................................................. ............................................................... ...........6 19-2-105.3. Clean fuel requirements for fleets

............................................................................................................7 19-2-106. Rulemaking authority and procedure

..........................................................................................................8 19-2-107. Executive secretary

-- Appointment

-- Powers

..... .... ........ ................................................. .... . ... .. ...............8 19-2-108. Notice ofconstruction or modification of installations required --Authority ofexecutive secretary to prohibit construction-- Hearings-- Limitations on authority ofboard-- Inspections authorized

.. ... ... ......... .............. ..9 19-2-109. Air quality standards-- Hearings on adoption-- Orders ofexecutive secretary-- Adoption ofemission control requirements

.. ... .... .... ..... ...... ... .. .. ......... ..... . . .. ................................... ............. .................................. ..... ............ 10 19-2-109

. 1. Operating permit required-- Emissions fee-- Implementation

. ...... . ............................................ ... ...... . 11 19-2-109.2

. Small business assistance program
.......................................................................................................... 12 19-2-109 .3. Public access to information

. .............. .................... .......... ............................................ ...... ................ ..... 13 19-2-109

.5

. Private sector air quality permitting professionals certification program
.................. .. ............................. 13 19-2-110

. Violations --Notice to violator

-- Corrective action orders

-- Conference, conciliation, and persuasion by board-- Hearings

.. ... ........ ... .......... ....... ...... ..... .. ..... ........................................ ....... ................ .... .......................... ......... 14 19-2-112

. Generalized condition ofair pollution creating emergency
-- Sources causing imminent danger to health

-- Powers ofexecutive director

-- Declaration ofemergency
... .. ...... ........................................................................ ... 14 19-2-113

. Variances-- Judicial review

...................................................................................................................... 14 19-2-114

. Activities not in violation ofchapter or rules

............................................................................................ 16 19-2-115

. Violations

-- Penalties

-- Reimbursement for expenses
. ................................ .. ........................ ........ ......... 16 19-2-116. Injunction or other remedies to prevent violations

-- Civil actions not abridged

...................................... 17 19-2-117

. Attorney general as legal advisor to board --Duties ofattorney general and county attorneys

........ .... .... 18 19-2-118

. Violation of injunction evidence ofcontempt...

........................................................................................ 18 19-2-119

. Civil or criminal remedies not excluded --Actionable rights under chapter-- No liability for acts ofGod
or other catastrophes

........................................ . .................. .... ................... . ...... ... ........................ .. ....... .... ........... ... .... . 18 19-2-120

. Information required ofowners or operators ofair contaminant sources
................................................. 18 19-2-121

. Ordinances ofpolitical subdivisions authorized

...... .... .............. .............................................. ............... ... 18 19-2-122. Cooperative agreements between political subdivisions and department.

.. .... ........................................ .. 18 19-2-123

. Tax reliefto encourage investment in facilities-- Sales and use tax exemption

............................ ...... ..... 19 19-2-124. Application for certification ofpollution control facility --Refunds-- Interest.

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

... .. .. ..................................................................... ...... ....................20 19-2-126. Revocation ofcertification

-- Grounds

-- Procedure

............ .... .................................................. ...... .. .... ... 20 19-2-127. Rules for administering certification for tax relief...

............ ...... ...... .... .....................................................20



# c- 1

## Title 19. Environmental Quality Code. Chapter 2
. Air Conservation Act.

19-2-101. Short title -- Policy of state and purpose of chapter -- Support of local and r

egional progr ams -- Provis ion of coordinated statewide program. (1) This chapter is known as the "Air Conservation Act." (2) It is the policy ofthis state and the purpose ofthis 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 ofthe people, promote the economic and social development ofthis state, and facilitate the enjoyment ofthe natural attractions ofthis 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 ofthis chapter is to : (a) provide for a coordinated statewide program of air pollution prevention, abatement, and control ; (b) provide for an appropriate distribution ofresponsibilities among the state and local units ofgovernment; (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.



### 19-2-1 02. Defini tions. As used in this chapter: 

### (1) "Air contaminant" means any particulate matter or any gas, vapor, suspended solid, or any combination ofthem, excluding steam and water vapors. (2) "Air contaminant source" means all
sources ofemission ofair contaminants whether privately or publicly owned or operated

. (3) "Air pollution" means the presence in the ambient air ofone or more air contaminants in the quantities and duration and under conditions and circumstances as is or tends to be injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or use of property, as determined by the rules adopted by the board. (4) "Ambient air" means the surrounding or outside air. (5) "Asbestos" means the asbestiform varieties of serpentine (chrysotile) , riebeckite (crocidolite), cummingtonite-grunerite, anthophyllite, and actinolite-tremolite. (6) "Asbestos-containing material" means any material containing more than 1% asbestos, as determined using the method adopted in 40 CFR Part 61, Subpart M, National Emission Standard for Asbestos. (7) "Asbestos inspection" means an activity undertaken to determine the presence or location, or to assess the condition of , asbestos-containing material or suspected asbestos-containing 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 ofAir Quality. (II) "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 ofthem, installed or acquired for the primary purpose ofcontrolling or disposing of air pollution. (b) "Facility" does not include an air conditioner, fan , or other similar facility for the comfort of personnel.



## C-2

### (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 (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 ofor 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 ofa public or quasi-public sewerage system.

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

-- Terms
-- Organization
- Per diem and expenses. ( 1) The board consists ofthe 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 ofthe department designated by the executive director; and (b) the following eight voting members, who shall be appointed by the governor with the consent ofthe Senate :

and (i) one representative who: (A) is not connected with industry; (B) is an expert in air quality matters ; (C) is a Utah-licensed physician, a Utah-licensed professional engineer, or a "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 ifthe primary purpose ofthe use, erection, construction, acquisition, or installation is the prevention, control, or reduction of air or water pollution by :
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 ofthe 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 ofUtah; (c) attend board meetings in accordance with the attendance rules made by the department under Subsection 19-1-201(l)(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 19-1-20 1(1)(d)(i)(B). (3) No more than five ofthe appointed members ofthe board shall belong to the same political party. (4) A majority ofthe members ofthe board may not derive any significant portion of their income from persons subject to permits or



## C-3

### orders under this chapter. (5) (a) Members shall be appointed for a term offour years. (b) Notwithstanding the requirements of Subsection (5)(a) , the governor shall, at the time ofappointment or reappointment, adjust the length ofterms to ensure that the terms of board members are staggered so that half ofthe appointed board is appointed every two years. (7) A member shall hold office until the expiration ofthe member's term and until the member's successor is appointed, but not more than 90 days after the expiration ofthe 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 ofthe director, or upon the request of three members ofthe board

. (c) Three days' notice shall be given to each member ofthe board before any meeting. (11) Five members constitute a quorum at any meeting, and the action ofa majority of members present is the action ofthe 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-l07 ; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-l 06 and 63A-3-107.

19-2-104. Powers of boar d. (1) The board may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act: (a) regarding the control, abatement, and prevention ofair pollution from all sources and the establishment ofthe maximum quantity ofair contaminants that may be emitted by any air contaminant source; (b) establishing air quality standards ; (c) (i) Notwithstanding Subsection (5)(a) , the term of a board member who is appointed before March l, 2013 , shall expire on February 28 , 2013

. (ii) On March l , 2013 , the governor shall appoint or reappoint board members in accordance with this section

. (6) A member may serve more than one term

. (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 ofthe 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 ofthe governor, implementing in air quality nonattainment areas employer-based trip reduction programs applicable to businesses having more than 100



## C-4employees 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. (ii) order the director to : (A) issue orders necessary to enforce the provisions ofthis chapter; (B) enforce the orders by appropriate administrative andjudicial proceedings ; or 

### (C) institutejudicial proceedings to secure compliance with this chapter; or (iii) advise, consult, contract, and cooperate with other agencies ofthe 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 19-2-1 07(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 ofthis 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 19-2-1 08; and (B) implementing and enforcing requirements placed on the sources by any approval order issued pursuant to notice, not (2) When implementing Subsection (1)(h) the board shall take into consideration: (a) the impact ofthe business on overall air quality; and (b) the need ofthe 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 ofthis chapter; including any court costs associated with any enforcement action ; (iv) meet the requirements offederal 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 IIAsbestos 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



## C-5contractors and supervisors, or asbestos (vii) establish certification requirements for asbestos project monitors, which shall provide for experience-based certification of persons who, prior to establishment ofthe certification requirements , had received relevant asbestos training, as defined by rule, and had acquired at least 1,000 hours ofexperience as project monitors; (viii) establish certification procedures and requirements for certification ofthe conversion ofa motor vehicle to a clean-fuel vehicle, certifying the vehicle is eligible for the tax credit granted in Section 59-7-605 or 59-10-1 009 ; (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 ofEducation 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 tills chapter authorizes the board to require installation ofor payment for any monitoring equipment by the owner or operator of a source ifthe owner or operator has installed or is operating monitoring equipment that is equivalent to equipment which the board would require under tills 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 abatement workers ; 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 ofthe 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 ofa quorum ofthe board in a vote taken at a meeting ofthe 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 ofeach county identified in Section 41-6a-1643 and other interested parties , shall order the director to perform an evaluation ofthe inspection and maintenance program developed under Section 41-6a-1643 including issues relating to: ( 1) the implementation ofa standardized inspection and maintenance program ; (2) out-of-state registration ofvehicles used in Utah; (3) out-of-county registration of vehicles used within the areas required to have
an inspection and maintenance program; (4) use ofthe farm truck exemption ; (5) mechanic training programs; (6) emissions standards ; and



## C-6

### (7) emissions waivers

. 

### 19

-2-105.3. Clean fu el requirements for fleets. (b) "Clean fuel" means : (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 ten or more vehicles : (i) owned or operated by a single entity as defined by board rule; and (ii) capable ofbeing fueled or that are fueled at a central location. (d) "Fleet" does not include motor vehicles that are : (i) held for lease or rental to the general public ; (ii) held for sale or used as demonstration vehicle 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-l 02 ; (v) registered under Title 41 , Chapter 1 a, Part 2, Registration, as farm vehicles; (vi) special mobile equipment as defined in Section 41-1 a-1 02; (vii) heavy duty trucks with a gross vehicle weight rating ofmore 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 ofreasonably available pollution control strategies, and as part ofthe state implementation plan demonstrating attainment ofthe national ambient air quality standards, the board may by rule, subject to Subsection (2)(c) , require fleets in specified (1) As used in this section: (a) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990. geographical areas to use clean fuels ifthe board determines fleet use ofclean fuels is: (i) necessary to demonstrate attainment ofthe 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 ofthe national ambient air quality standards. (b) State implementation plans developed prior to July 1, 1995 , may require fleets to use clean fuels no earlier than July 1, 1995 , unless the board determines fleet use of clean fuels is necessary prior to July 1, 1995, to demonstrate attainment ofthe 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% ofthose trucks in a fleet that are heavy duty trucks having a gross vehicle weight rating ofmore than 8,500 pounds and not more than 26 ,000 pounds to convert to clean fuels under Subsection (2)(b). (3) (a) After evaluation ofreasonably available pollution control strategies , and as part of a state implementation plan demonstrating only maintenance ofthe 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 ifthe board determines fleet use ofclean fuels is: (i) necessary to demonstrate maintenance ofthe 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 ofthe national ambient air quality standards

. (b) Under Subsection (3)(a) the board may require no more than: (i) 30% ofa 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



## C-7

### before January 1, 2000. (c) The board may not require more than 50% ofthose 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 ofvehicles 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 63-38-3.2. (5) Implementation ofthis section and rules made under this section are subject to the reasonable availability ofclean 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 ofadministering 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 ofthe 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 ofthe 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 ofthe state, the federal government, other states and interstate agencies, and affected groups, political subdivisions, and industries in furtherance ofthe purposes ofthis chapter;(iii) review plans, specifications, or other data relative to pollution control systems or any part ofthe systems provided in this chapter;(iv) under the direction ofthe 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 ofthis chapter; (vii) encourage local units of government to handle air pollution within their respectivejurisdictions on a cooperative basis and provide technical and consulting assistance to them;(viii) determine by means offield studies and sampling the degree of air contamination and air pollution in all parts ofthe state ; (ix) monitor the effects ofthe emission of air contaminants from motor vehicles on the quality ofthe 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



## C-8penalties as required in Section 120 ofthe 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 ofthis chapter, enforce rules through the issuance of orders, including: (A) prohibiting or abating discharges of wastes affecting ambient air; (B) requiring the construction ofnew control facilities or any parts ofnew control facilities or the modification, extension, or alteration ofexisting control facilities or any parts ofnew control facilities; or (C) adopting other remedial measures (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 ofduties 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 ofit; (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 ofcarrying out any ofthe functions ofthis 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 to prevent, control, or abate air pollution; and (xiv) as authorized by the board and subject to the provisions ofthis chapter, act as executive secretary ofthe board under the direction ofthe chairman ofthe board. (b) The director may: (i) employ full-time employees necessary to carry out this chapter; (ii) subject to the provisions ofthis chapter, authorize any employee or representative ofthe 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; subject to the provisions ofthis chapter, exercise all incidental powers necessary to carry out the purposes ofthis chapter, including certification to any state or federal authorities for tax purposes the fact ofconstruction, installation, or acquisition of any facility, land, building, machinery, or equipment or any part ofthem, in conformity with this chapter. (3) A consultation described in Subsection (2)(b)(vi) does not relieve a person from the requirements ofthis 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 ofor 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



## C-9

### the air contaminant source or indirect source, the submission ofplans, 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) Ifwithin 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 of30 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 (c) Ifrequested, the owner or operator ofthe 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 ofdirector-- Adoption of emission control requirements. 

### (1) (a) The board, in adopting standards ofquality for ambient air, shall conduct public hearings. (b) Notice ofany 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 ofthe hearing. (c) The notice shall be : request, in accordance with the rules ofthe department, be entitled to a permit review adjudicative proceeding conducted by an administrative lawjudge as provided by Section 19-1-301.5

. (4) Any features , machines, and devices constituting parts ofor 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 ofmachinery, devices, or equipment from a particular supplier or produced by a particular manufacturer ifthe required performance standards may be met by machinery, devices, or equipment otherwise available. (6) (a) Any authorized officer, employee, or representative ofthe 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 ofthe 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. (i) (A) published at least twice in any newspaper ofgeneral circulation in the area affected ; and (B) published on the Utah Public Notice Website created in Section 63F-l-701 , at least 20 days before the public hearing ; and (ii) mailed at least 20 days before the public hearing to the chiefexecutive ofeach political subdivision ofthe 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 ofthe director following formal action ofthe board with respect to the standards. (e) The order shall be published:



# c- 10

### (i) in a newspaper ofgeneral 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 (!).
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 ofTitles 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 ofthe 1990 Clean Air Act.(e) "Regulated pollutant" has the same meaning as defined in Title V ofthe 1990 Clean Air Act and implementing federal regulations. (2) (a) A person may not operate any source ofair pollution required to have a permit under Title V ofthe 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 ofthe permit program or November 15, 1995, whichever occurs first. (3) (a) Operating permits issued under this section shall be for a period offive 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 ofthe 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) ofthe 1990 Clean Air Act, if the remaining period ofthe 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 ofthe 1990 Clean Air Act for each ton ofregulated pollutant, applicable to all sources required to obtain a permit. The emissions fee established under this section is in addition to fees assessed under Section 19-2-108 for issuance of an approval order. (b) In establishing the fee the board shall comply with the provisions of Section 631-1-504 that require a public hearing and require the established fee to be submitted to the Legislature for its approval as part ofthe 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 ofthe 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 ofany regulated pollutant ifthe emissions are already accounted for within the



# c- 11emissions of another regulated pollutant. 

### (f) An emissions fee may not be assessed for any amount ofa regulated pollutant emitted by any source in excess of4,000 tons per year ofthat regulated pollutant. (5) Emissions fees accrued on and after July 1, 1993 , but before issuance ofan 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 ofthe permit on allowable emissions for that regulated pollutant. (7) Ifthe 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 ofnot more than 50% ofthe 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 ofan emissions fee or penalty under protest is not a waiver ofthe 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 ofnot more than 50% of all outstanding fees, and interest on the outstanding emissions fees computed at 12% annually. 

### (1 0) 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 ofthe director to act on any operating permit application or renewal is a final administrative action only for the purpose of obtainingjudicial review by any ofthe 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 ofthat 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 ofthe 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 ofowners 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 ofthe Utah Legislature as follows: (i) one member selected by the majority leader ofthe Senate; (ii) one member selected by the minority leader ofthe Senate; (iii) one member selected by the majority leader ofthe House ofRepresentatives; and (iv) one member selected by the minority leader ofthe House ofRepresentatives;



# c- 12

### and (c) one member selected by the executive director to represent the Division of Air Quality, Department ofEnvironmental Quality.(3) (a) Except as required by Subsection (3 )(b), as terms ofcurrent 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 ofterms to ensure that the terms of panel members are staggered so that approximately halfofthe panel is appointed every two years. (4) Members may serve more than one term. (5) Members shall hold office until the expiration oftheir terms and until their
successors are appointed, but not more than 90 days after the expiration oftheir terms

. (6) When a vacancy occurs in the membership for any reason, the replacement 

### 19-2-109.3. Public access 

### to information. A copy ofeach 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 ofcompanies 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 Jaw and rules regarding the air quality permit application and approval procedure under this chapter; (b) the requirement to pass an exam to measure qualifications ofAQPP applicants ; 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 ofthree ofthe members ofthe panel. (b) Three days' notice shall be given to each member ofthe panel prior to a meeting
. (9) Four members constitute a quorum at any meeting, and the action ofthe majority of members present is the action ofthe panel. ( l0) 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-l 06; (b) Section 63A-3-107 ; and (c) rules made by the Division ofFinance pursuant to Sections 63A-3-106 and 63A-3-107.

(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 ofthe training, testing, and application process and the department's maintenance of a list ofcertified AQPPs ; (e) certification ofqualified AQPP applicants ; 

### (f) maintenance by the department of a current list ofcertified 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 ofpreparing or submitting a notice ofintent or operating permit application under this chapter. (4) Any program under this section shall provide for revocation of any certification issued under this section ifthe department determines, through an administrative hearing conducted under Title 63 , Chapter 46b, Administrative Procedures Act, that the AQPP:



# c- 13

### (a) knowingly or negligently submitted false information or data as part ofan 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 ofthe 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 ofany provision ofthis chapter or any rule issued under it has occurred, the director may serve written notice ofthe violation upon the alleged violator. The notice shall specify the provision ofthis 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 lawjudge as provided by Section 19-1-301.


### 19-2-111. Review of orders of hearing examiner-- Procedure. Any person aggrieved by an order of a hearing examiner may file a motion for review ofthe order with the board

. 

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

-- Declaration of emergency. (1) (a) Title 63 , Chapter 46b, Administrative Procedures Act, and any other provision oflaw to the contrary notwithstanding, ifthe executive director finds that a generalized condition ofair pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, the executive director, with the concurrence ofthe governor, shall order persons causing or contributing to the air pollution to reduce or discontinue immediately the emission ofair 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 ofthis hearing, and without adj oumment of it, the governor shall affirm, modify, or set aside the order ofthe executive director.(2) In the absence of a generalized condition ofair pollution referred to in Subsection (1) , but ifthe executive director finds that emissions from the operation ofone or more air contaminant sources is causing imminent danger to human health or safety, he may commence adjudicative proceedings under Section 63-46b-20. (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, ifit 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 ofthe applicant, other owners ofproperty likely to be affected by the discharges , and the general public. (3) Any variance or renewal ofa variance shall be granted within the requirements of Subsection ( 1) and for time periods and under conditions consistent with the



# c- 14

### reasons for it, and within the following limitations : (a) ifthe variance is granted on the grounds that there are no practicable means known or available for the adequate prevention, abatement, or control ofthe 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) ifthe variance is granted on the grounds that compliance with the requirements from which variance is sought will require that measures, because oftheir extent or cost, must be spread over a long period oftime, the variance shall be granted for a reasonable time that, in the view ofthe board, is required for implementation ofthe necessary measures; and (c) To receive a renewal , an applicant shall submit a request for agency action to the board requesting a renewal. (d) Immediately upon receipt ofan application for renewal , the board shall give public notice ofthe application as required by its rules. (5) (a) A variance or renewal is not a right ofthe applicant or holder but may be granted at the board's discretion

. (b) A person aggrieved by the board's decision may obtainjudicial 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 fmding that: (i) the nature or amount ofemission has changed or increased; or (ii) iffacts existing at the date ofthe review had existed at the time ofthe original application, the variance would not have been granted

.(7) Nothing in this section and no variance or renewal granted pursuant to it shall (ii) a variance granted on this ground shall contain a timetable for the implementation ofremedial measures in an expeditious manner and shall be conditioned on adherence to the timetable; or (c) ifthe 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 ofthe variance, a renewal may not be granted unless , following an announced public meeting, the board finds that renewal is justified

. be construed to prevent or limit the application ofthe 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 ofthis 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 ofweed growth along ditch banks incident to clearing these ditches for irrigation purposes; (3) controlled heating oforchards or other crops to lessen the chances oftheir being frozen so long as the emissions from this heating do not violate minimum standards set by the board ; and (4) the controlled burning ofnot 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.



# c- 15

### (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 ofviolation ifthat person knowingly violates any ofthe 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 ofnot more than $25 ,000 per day ofviolation 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 (b) (i) A person is guilty ofa class A misdemeanor and subject to imprisonment under Section 76-3-204 and a fine ofnot more than $25,000 per day ofviolation ifthat person with criminal negligence: (A) releases into the ambient air any hazardous air pollutant; and (B) places another person in imminent danger ofdeath or serious bodily injury. (ii) As used in this Subsection (8)(b), chapter. (5) Any fine or penalty assessed under Subsections (2) or (3) is in lieu ofany penalty under Section 19-2-109

. 1. (6) A person who willfully violates Section 19-2-120 is guilty ofa 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 ofnot more than $25 ,000 per day ofviolation in the case ofthe first offense, and not more than $50,000 per day ofviolation 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 ofpersons. (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 ofthe function of a bodily member, organ, or mental faculty. "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 ofa second degree felony and is subject to imprisonment under Section 76-3-203 and a fine ofnot more than $50,000 per day ofviolation ifthat person: (i) knowingly releases into the ambient air any hazardous air pollutant; and



# c- 16

### (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 ofviolating Subsection (8)(c), be subject to a fine ofnot 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 ofdeath or serious bodily injury ; and (B) the defendant was aware ofor 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 ofthe risks involved prior to giving consent. (ii) The defendant has the burden of proofto establish any affirmative defense under this Subsection (8)(f) and shall prove that defense by a preponderance ofthe evidence. (9) (a) Except as provided in Subsection (9)(b), and unless prohibited by federal law, all penalties assessed and collected under the authority ofthis 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 ofthis chapter, or any ofthe 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 ofthe 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 reliefon 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 ofany person to comply with: (A) any provision ofthis 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 ofhealth 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 ofthem in all actions or proceedings brought against them or any of them

.



# c- 17

### (2) The county attorney in the county in which a cause of action arises may, upon request ofthe 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 ofor to enforce, this chapter or the standards, orders, or rules ofthe 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 ofthe board or the director that is not subject to a stay pending administrative orjudicial review, the director may initiate an action for, and is entitled to, injunctive reliefto prevent any further or continued violation ofthe 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 ofcontempt 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. (I) Existing civil or criminal remedies for any wrongful action which is a violation of any part ofthe law are not excluded by this chapter. (2) Persons other than the state or the board do not acquire actionable rights by virtue ofthis chapter. (3) The liabilities imposed for violation ofthis chapter are not imposed for any violation (c) fix the compensation ofthe 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 ofthe 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 ofexisting plants, thereby increasing caused by an act ofGod, war, strike, riot, or other catastrophe

. 

### 19-2-120. Information required ofowners 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 ofthe division

. 

### 19-2-121. Ordinances of political subdivisions authorized. Any political subdivision ofthe 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 ofthe state may enter into and perform with other political subdivisions ofthe 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 employment and payrolls and upgrading the natural resources ofthe 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 ofpollution control facility from the board.


### 19-2-124. Application for certification of



# c- 18

### pollution control facility
- Refunds

-- Interest. 

### (I) (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 I , 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 minjmize pollution or a person who, as a Jessee or pursuant to an agreement, conducts the trade or business that operates or uses the property. (ii) For purposes ofthis Subsection (2) , "owner" includes a contract purchaser. (b) The facility shall be owned, operated, or leased during a part ofthe 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 oftangible personal property or services used in the construction ofor incorporated into a pollution control facility that: (i) is not certified under Section 19-2- 125 , may obtain a refund ofthe tax if: (A) the board subsequently certifies the (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- 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- 1 04( 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 ofthe 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 oftaxes under Subsection (2)(d)(i) paid on a purchase oftangible personal property or services used in the construction ofor incorporated into a pollution control facility that was not certified under Section 19-2-125 at the time ofthe purchase : (A) within 180 days after the day on which the board certifies the pollution control facility, interest shall accrue to the amount ofthe refund granted by the State Tax Commission : 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 oftaxes under Subsection (2)(d)(ii) paid on a purchase oftangible personal property or services used in the construction ofor incorporated into a pollution control facility that was certified under Section 19-2-125 at the time ofthe purchase, interest shall accrue to the amount ofthe refund granted by the State Tax



# c- 19

### 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 ofthe facilities and materials incorporated in them, the machinery and equipment, the existing or proposed operational procedure, and a statement ofthe 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) Ifthe 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 ofthe board and the State Tax Commission to timely act constitutes automatic acceptance ofthe 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 ofthe 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 ofthe 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 ofthe certificate may obtainjudicial review ofthe revocation. (c) The revocation is final and conclusive unless an appeal is taken

. (d) Ifthe 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 ofthe revocation. (4) (a) Ifthe certification of a pollution control facility is revoked, all prior tax relief provided to the holder because ofthe certificate is forfeited. (b) The State Tax Commission shall collect taxes not paid by the holder because of the tax reliefprovided 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 ofcertificates, and all other matters pertaining to the board in administering certification for tax relief on pollution control facilities.



# c- 20

# Utah Administrative Rulemaking Act
Utah Code Title 63G, Chapter 3 (May 12, 2009)

Utah Administrative Rulemaking Act..

.. ..... .... ............ ........ .... ......... .... .. .. .... .. .. ........ .... .. ............ .. ............. .............. ........ ... ..... .......... I

Title 63G

. General Government.

.... ........... ... .. .. .. .. ... ....................... .... ... .... .... .. .... ...... .. ..... ... .. .. ...... ....... ....... .......... ... ..... ..... .... ... .. . I

Chapter 3

. Utah Administrative Rulemaking Act.

........ ...... .. .... .. .. .. ...... .............................. .................. .. .. .. .... .. .... .... .. .. .. .. ....... 1

Part I. General Provisions

. ..... .... .... .... ... .... ..... .. ... .. .. ..... .. .. ....... ... .... .......................... ............... .... ... .... .. .. ........ ........ .... .. ...... .. I

63G-3-IOI

. Title

.... .. .. .... .. ............ ..... ... .. .......... ....... ................. ....... .. .. ..... .... .. ....... ... .. .... ..... .... ...... ... .... .. ....... .............. .... .. I 63G-3-102

. Definitions

..... ... .. ....... .... ..... .. ... ... .... .. ....... ......... .. ... ...... ..... ... ......... ............ .. ... .... ... ...... ...... ... .... ..... .. ... ........ .. I Part 2. Circumstances Requiring Rulemaking

- Status ofAdministrative Rules

.................. .............. .. ....... .. ...... .. .. .......... ... 2

63G-3-201

. When rulemaking is required

. ............. ......... ... ... .. . ............................. .. ............... .... ...... ... ... ..... ... ....... ...... .. .. 2 63G-3-202

. Rules having the effect oflaw

. .. ............ .. ...... .. .. ...... .. .. .. ...... .. ....................... ................ . .. .. .. .... .......... .......... 3 Part 3

. Rulemaking Proceures

. ................... .... . .... .. ..... .. .... ... .. ... .. .......... ................... .... ........... ...... .... .. ..... ... ... .. ..... ...... ....... ... 3

63G-3-301. Rulemaking procedure

... ... ........ .. .... .... ............................... .... ... .. .. ..... ... .. .. .... .......... ..... .... ........ ... ... .. ....... ..... 3 63G-3-302

. Public hearings

......................... .... ..... .. .. .. ... .. .. ........ ....... .... .. .......... .... ................. .... .... .. ... .... ..... ... ... ... .. ..... ... 4 63G-3-303

. Changes in rules

...... ..... ... ............ . .. ..... ... ........ ..... .... ... ..... ........ .. .. ..... ... .. ..... .. ... .... .. ... .. ..... ..... .. ... ...... ........... .. 4 63G-3-304

. Emergency rulemaking procedure

. .. ... .................. .... ..... ...... ... ... .... .. ..... ... .... .... ........... .... .......... ... .. ... ...... ..... 5 63G-3-305

. Agency review ofrules-- Schedule of filings-- Limited exemption for certain rules

......... .... .. ........ ........ .. 5 Part 4

. Division ofAdministrative Rules

. .. .. .. .................. ..... .. .. .. .. .. ....................................................... .. ........ .. .. ............ .. .. 5

63G-3-40 I

. Division ofAdministrative Rules created-- Appointment ofdirector.

......... .. .. ...... .. ...... .. .... ...... .. ........ .. ..... 5 63G-3-402

. Division ofAdministrative Rules-- Duties generally

.. ..................................... .. .... .. ... .. .. ......... .. .... ............. 6 63G-3-403

. Repeal and reenactment ofUtah Administrative Code

... .. ......... .. .. .... .. .. .................. .. . .. .... .... .. .. .. .. .. .... ...... .. . 6 Part 5

. Legislative Oversight.

............ ... .. ....... .... .. ..... ... ... .. ..... .. ... .................. ... ...... ..... ... .... ..................... ........ ..... .. ..... ......... . 7

63G-3-501

. Administrative Rules Review Committee

............ ............ .. .. .. .... .... ........ ..... .. .... .. ......... ... ......... ..... .... ..... ...... 7 63G-3-502

. Legislative reauthorization of agency rules-- Extension ofrules by governor
...................... .......... .. .. ...... .. 8 Part 6

. Judicial Review

......... ......... ..... ........ ..... .. ......... ... ..... .. .. ... ........................... ... ....................... .... ........ ........ .. ..... .... ...... 8

63G-3-60 I. Interested parties

-- Petition for agency action

.... ...... .. .... .. .. ...................................... ...................... ............. 8 63G-3-602

. Judicial challenge to administrative rules

. .. .. .... .... .................... .. .. .. ................ .. .......... .. ..... .................. .. .. .. .. 8 63G-3-603. Time for contesting a rule-- Statute oflimitations

......... ...... .................. .. .. ................ .. .... ............ .. ............. 9 Part 7

. Official Compilation ofAdministrative Rules

........................ ........ .. .. ......................... ..... ................ .. .. .. .... .............. 9

63G-3-701. Utah Administrative Code as official compilation ofrules --Judicial notice

... .. ............ .... .. .. .. .. .... .. ...... ....... 9 63G-3-702

. Utah Administrative Code

--Organization-- Official compilation

... .... .................................... ...... .......... .... 9



### Title 63G
. General Government. Chapter 3. Utah Administrative Rulemaking Act. Part 1. General Provisions
. 63G-3-101. Title. This chapter is known as the "Utah Administrative Rulemaking Act." Re11umber<!clalld rlmenclt!cl by C hapter 38:?, L uws ofU wh 2008 Gener al Session. ejjective M uv 5

. 200S ({onnerl y Sectiou 63-46u-l/
63G-3-102. Definitions. As used in this chapter: (I) "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 ofthe public comment; and (e) the agency's report ofits 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 ofthe 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 ofeach section, part, rule, or title ofthe code that follows the section, part, rule, or title reference placed before the text ofthe rule and serves the same function as boldface in legislation as described in Section 68-3-13. (5) "Code" means the body ofall effective rules as compiled and organized by the division and entitled "Utah Administrative Code

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

.



# c- 21Utah Administrative Rulemaking Act, 2009
(7) "Division" means the Division ofAdministrative 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 630-3- 402

. (II) "Order" means an agency action that determines the legal rights , duties , privileges , immunities, or other interests ofone or more specific persons, but not a class ofpersons
. (12) "Person" means any individual , partnership, corporation, association, governmental entity, or public or private organization ofany 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 ofthe 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 ofpersons or another agency. (b) "Rule" includes the amendment or repeal ofan 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 ofa public class ofpersons 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 630-4-503 except as required by Section 630-3-201 ; (vi) rulings by an agency in adjudicative proceedings , except as required by Subsection 630- 3-201(6) ; or (vii) an agency written statement that is in violation ofany 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. (I9) "Substantive change" means a change in a rule that affects the application or results ofagency actions. Renumbered and .4meudedbv Chapter 382, LmFs ofUtalt :!008 General ::.ession. e_(/ectiw J-kry 5, 2008 rjormerly Sectioll 6J--16a-2)

2 Page 2

Part 2. Circumstances Requiring RulemakingStatus ofAdministrative Rules. 63G-3-201. When rulemaking is required. (I) Each agency shall : (a) maintain a current version ofits 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 :

and (a) authorizes, requires, or prohibits an action; (b) provides or prohibits a material benefit; (c) applies to a class ofpersons or another agency ; (d) is explicitly or implicitly authorized by statute

. (3) Rulemaking is also required when an agency issues a written interpretation ofa state or federal legal mandate. (4) Rulemaking is not required when: (a) agency action applies only to internal agency management, inmates or residents ofa 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 ofgovernmental 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 ofa class C misdemeanor or greater offense, except as provided under Subsection (5)(c)

. (c) A violation ofa 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 oflaw 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 ofanother code, rule, or regulation that has been adopted by a federal agency, an agency or political subdivision ofthis state, an agency of another state, or by a nationally recognized organization or association;



# c- 22Utah Administrative Rulemaking Act, 2009
(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 admini strative 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) defme 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 ofthis chapter. (d) The agency shall maintain a complete and current copy ofthe referenced material avai lable for public review at the agency and at the division

. (8) (a) This chapter is not intended to inhibit the exercise ofagency discretion within the limits prescribed by statute or agency rule. (b) An agency may enact a rule creating a justitied 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. 1-tNS <?{ Uruh 2009 Generul Session, effictiw \f,n• I:;, 2009 (formerly Se.:lion 63-./6,1-3)
63G-3-202. Rules having the effect of law. (I} An agency's written statement is a rule if it conforms to the defmition of a rule under Section 63G-3-I 02, but the written statement is not enforceable unless it is made as a rule in accordance with the requirements ofthis 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 oflaw. Renumbered andAmended bv Cha pter JS:C, L,m•s ofUtah 2008 General Sc?ssion. ej}i!Ciive Mtn• 5, 2008 (/i>rmerly Section 63-./6,1-3.5)
Part 3. Rulemaking Procedures. 63G-3-301. Rulemaking procedure. (I} 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 63G3-304, when making, amending, or repealing a rule agencies shall comply with:

3 (a) the requirements ofthis section; (b) consistent procedures required by other statutes; (c) applicable federal mandates ; and (d) rules made by the division to implement this chapter. Page 3
(3) Subject to the requirements ofthis chapter, each agency shall develop and use flexible approaches in drafting rules that meet the needs ofthe 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 ofthe proposed rule in the next issue ofthe bulletin

. (ii) For rule amendments , only the section or subsection ofthe rule being amended need be printed

. (iii) Ifthe 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 ofthe following methods ofreducing 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 ofthe requirements contained in the proposed rule

. (7) Ifduring the public comment period an agency receives comment that the proposed rule will cost small business more than one day's armual 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 ofthe rule or change; (b) the purpose ofthe 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 ofthe rule; (g) how interested persons may present their views
on the rule ;



# c- 23Utah Administrative Rulemaking Act, 2009
(h) the time and place of any scheduled public hearing; (i) the name and telephone number ofan agency employee who may be contacted about the rule; (j) the name ofthe agency head or designee who authorized the rule ; (k) the date on which the rule may become effective following the public comment period; and (I) 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 ofnew 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 ofnoncompliance with the procedural requirements ofthis chapter

. (10) A copy ofthe rule anal ysis shall be mailed to all persons who have made timely request ofthe agency for advance notice ofits rulemaking proceedings and to any other person who, by statutory or federal mandate or in the judgment ofthe agency, should also receive notice

. (II) (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 (ll)(a) or presented at public hearings conducted by the agency within the time period under Subsection (JJ)(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 ofthe public comment period under Subsection ( 11 ), nor more than 120 days after the publication date. (b) The agency shall provide notice ofthe rule's effective date to the division in the form required by the division. (c) The notice ofeffective date may not provide for an effective date prior to the date it is received by the division. (d) The division shall publish notice ofthe effective date ofthe rule in the next issue ofthe bulletin

. (e) A proposed rule lapses ifa notice ofeffective date or a change to a proposed rule is not filed with the division within 120 days ofpublication. (13) (a) As used in this Subsection (13), "initiate rulemaking proceedings" means the filing, for the purposes of publication in accordance with Subsection (4), ofan agency's proposed rule that is required by state statute

.

4 (b) A state agency shall initiate rulemaking proceedings no later than 180 days after the effective date ofthe 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 Page 4

shall submit the rules to the Administrative Rules Review Committee for review within 60 days after the statute requiring the rulemaking takes effect. (d) Ifa 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. Laws C!(Uiah 2009 Go!llo!ral Sessiou, i:ffecth·e May 12, 2009**(former~~ ·**  Secriou 6J-./6a-4)
63G-3-302. Public hearings

. (1) Each agency may hold a public hearing on a proposed rule, amendment to a rule, or repeal ofa rule during the public comment period. (2) Each agency shall hold a public hearing on a proposed rule, amendment to a rule, or repeal ofa rule if: (a) a public hearing is required by state or federal mandate ; (b) (i) another state agency, ten interested persons, or an interested association having not fewer than ten 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 ofthe request for hearing

. Reuumber<!d audAmeud<!d by Chapter 382, Laws ofUtah 2008 General Session. ej]ecti'l'<! ;1,/tn•5 , 2008 rji.m11erly Sectiou 63-46a-5)
63G-3-303. Changes in rules. (I) (a) To change a proposed rule already published in the bulletin, an agency shall file with the division: (i) the text ofthe 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 ofthe 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 ofthe last change in proposed rule

. (e) A changed proposed rule and its associated proposed rule lapse ifa notice ofeffective date or another change to a proposed rule is not filed with the division within 120 days ofpublication ofthe last change in proposed rule. (2) Ifthe rule change is nonsubstantive: (a) the agency need not comply with the requirements of Subsection (I); and (b) the agency shall notify the division ofthe change in writing. (3) Ifthe rule is effective, the agency shall amend the rule according to the procedures specified in Section 63G-3- 301.



# c- 24Utah Administrative Rulemaking Act, 2009

Renumbered aru/Amended by Chapter 382. Laws q( Utah :COOS Gcllcra/Sessio11, effi•cti\'e May 5. :!008 (tormerlv Section 63-46a-6)
63G-3-304. Emergency rulemaking procedure

. (I) All agencies shall comply with the rulemaking procedures of Section 63G-3-30 1 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 offedera1 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 ofthe rule ; and (ii) a rule analysis that includes the specific reasons andjustifications for its findings

. (b) The division shall publish the rule in the bulletin as provided in Subsection 63G

-3-30 1(4). (c) The agency shall notify interested persons as provided in Subsection 63G-3

-30 1( 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) Ifthe agency intends the rule to be effective beyond 120 days, the agency shall also comply with the procedures of Section 630

-3-301. Amended hv Chapccr 300, Laws ofUtall :!008 General Session; and Renumbered aru/Amended by Chapter 3S2. Laws Cit' Utah :COOS General Semon

.**~(fectn·e** May 5. 2008 (/ormerlv Se,;tion 63--16a-7)
63G-3-305. Agency review of rules
- Schedule of filings-- Limited exemption for certain rules

. ( I ) Each agency shall review each ofits rules within five years ofthe rule's original effective date or within five years ofthe filing ofthe 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

. Ifthe agency chooses to consider a review a five

-year review, it shall fo llow the procedures outlined in Subsection (3)

. (3) At the conclusion ofits review, the agency shall file a notice ofreview on or before the anniversary date indicating its intent to continue, amend, or repeal the rule

.

5 (a) Ifthe agency continues the rule, it shall file a statement which includes: (i) a concise explanation ofthe particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule ; (ii) a summary ofwritten comments received during and since the last five-year review ofthe rule from interested persons supporting or opposing the rule; and (iii) a reasonedjustification for continuation ofthe rule, including reasons why the agency disagrees with comments in opposition to the rule, ifany
. Page 5
(b) Ifthe agency repeals the rule, it shall comply with Section 630

-3

-301. (c) If the agency amends and continues the rule, it shall comply with the requirements ofSection 63G-3- 30 I and fi le 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 ( I)

. (5) The division shall notify an agency ofrules due for review at least 180 days prior to the anniversary date. (6) Ifan 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 ofthe extension in the next issue ofthe bulletin. (7) An extension permits the agency to file a notice no more than 120 days after the anniversary date. (8) Ifan agency fai ls to fi le a notice ofreview 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 ofthe 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 compl y with the requirements of Section 63G-3

-30 1 to reenact the rule. ( 10) (a) Rules issued under the following provisions related to the Department ofWorkforce Services or Labor Commission that are in effect on July 1, 1997, are not subject to the requirements ofthis section until July I , 1998 : (i) Title 34, Labor in General; (ii) Title 34A, Utah Labor Code ; (iii) Title 35A, Utah Workforce Services Code ; (iv) Title 40, Chapter 2, Coal Mines ; and (v) Title 57, Chapter 2 1, Utah Fair Housing Act. (b) Any rule described in Subsection ( 10)(a) that would have expired on or after July 1, 1997 but before July I, 1998 , expires July 1, 1998, unless for that rule the Department ofWorkforce Services or Labor Commission files: (i) the notice ofreview, described in Subsection (3) ; or (ii) an extension described in Subsection (6)

. Renumbered andAmended by Chapter 382. Laws q( Utah :!008 General Session, 4fectn·e May 5. 2008**(/o rmer~v**  Section 63--16a-9)
Part 4. Division of Administrative Rules. 63G-3-401. Division of Administrative Rules created-- Appointment of director

. ( 1) There is created within the Department of Administrative Services the Division ofAdministrative Rules , to be administered by a director

.



# c- 25Utah Administrative Rulemaking Act, 2009
(2) The director of administrative rules shall be appointed by the executive director with the approval ofthe governor
. Renumbered andAmended bv Chapter 387. Laws ofUtall :!008 General &ssion.**~/iec ive**  May 5, 20081}i)rma/y Section 6J

-./6a-9.5)

63G-3-402

. D ivision ofAdmi ni strative Rules- D uties generally. (I) The Division ofAdministrative Rules shall : (a) establish all filing , publication, and hearing procedures necessary to make rules under this chapter; (b) record in a register the receipt ofall agency rules, rule analysis forms , and notices ofeffective 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 ofeffective dates, and review notices in the bulletin at least monthly, except that the division may publish the complete text ofany 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 ofall rules and notices contained in the most recent bulletin ; (g) publish at least annually an index ofall changes to the administrative code and the effective date ofeach 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 ofthe Legislature ; G) distribute without charge the digest and index to state legislators , agencies, political subdivisions on request, and the Office ofLegislative Research and General Counsel; (k) distribute, at prices covering publication costs, all paper rulemaking publications to all other requesting persons and agencies; (I) provide agencies assistance in rulemaking ; and (m) 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:

6 (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 ofeach section, part, rule, or title ; Page 6
(d) updating or correcting annotations associated with a section, part, rule, or title ; and (e) merging or determining priority ofany 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 ofthe agency: (a) eliminate duplication within rules ; (b) eliminate obsolete and redundant words; and (c) correcting defective or inconsistent section and paragraph structure in arrangement ofthe subject matter ofrules. (4) For nonsubstantive changes made in accordance with Subsection (2) or (3) after publication ofthe rule in the bulletin, the division shall publish a list ofnonsubstantive changes in the bulletin. For each nonsubstantive change, the list shall include: (a) the affected code citation ; (b) a briefdescription ofthe change ; and (c) the date the change was made. (5) All funds appropriated or collected for publishing the division's publications shall be nonlapsing

. Reuumbered audAmended by Clwpler 382. Laws ofUc<1h 2008 General Session.**~/jixtive** Af,n• 5, 2008 rjbrmerly Sec/ion 63

-46a

-10)

63G-3-403. Repeal a nd reenactment of Utah Ad ministrative Code. ( l) 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 ofthis 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 ofall substantive changes made by the agency. (3) The division may make nonsubstantive changes in the code by: (a) adopting a uniform system ofpunctuation, capitalization, numbering, and wording ; (b) eliminating duplication ; (c) correcting defective or inconsistent section and paragraph structure in arrangement ofthe subject matter ofrules ; (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 ofeach section, part, rule, or title ; (g) updating or correcting annotations associated with a section, part, rule, or title; and (h) merging or determining priority ofany 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 ofthe code reenactment;



# c- 26Utah Administrative Rulemaking Act, 2009
(ii) the date, time, and place ofa public hearing where members ofthe public may comment on the proposed reenactment ofthe code ; (iii) locations where the proposed reenactment ofthe code may be reviewed ; and (iv) agency summaries ofsubstantive 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 oftheir 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

-30 1 (I0). (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 ofthe proposed code reenactment without charge to: (a) state-designated repositories in Utah ; (b) the Administrative Rules Review Committee ; and (c) the Office ofLegislative 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 ofthe code meets the requirements of Section 63G-3-305 for a review ofall agency rules. Amended by Cft,tpler .300. f.AJWS qfUtuh 2008 Genau/ Session: and Renumbered mulAmended by Cltaprer 382

. Laws q( Uruh 2008 c.mend Session. ejfecrive .lfav 5. 2008 r.fonnerly Secrion 63-46a- !0.5)
Part 5. Legislative Oversight. 63G-3-501. Administrative Rules Review Committee. (I) (a) There is created an Administrative Rules Review Committee often permanent members and four ex officio members

.

7 (b) (i) The committee's permanent members shall be composed offive members ofthe Senate, appointed by the president ofthe Senate, and five members ofthe House, appointed by the speaker ofthe 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 ofexisting agency rules. Meetings may be suspended at the discretion ofthe 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 ofthe Legislature, or when a member resigns from the committee. Page 7

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 havejurisdiction 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 ofbusiness at any meeting

. (2) Each agency rule as defined in Section 63G-3-l02 shall be submitted to the committee at the same time public notice is given under Section 63G-3-30 I

. (3) (a) The committee shall exercise continuous oversight ofthe process ofrulemaking

. (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 ofthe 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 ofthe interim committee which hasjurisdiction
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 ofstatutory construction. (4) The committee may request that the Office ofthe Legis lative 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 36-1 2-11

. (6) (a) The committee may prepare written findings of its review ofeach rule and may include any recommendations , including legislative action

. (b) The committee shall provide to the agency that enacted the rule : (i) its findings , ifany ; and (ii) a request that the agency notifY the committee ofany changes it makes in the rule. (c) The committee shall provide its findings to any member ofthe Legislature and to any person affected by the rule who requests the findings. (d) The committee shall provide its findings to the presiding officers ofboth the House and the Senate, Senate and House chairs ofthe standing committee, and the Senate and House chairs ofthe Appropriation Subcommittee that havejurisdiction over the agency whose rules are the subject ofthe findings

.



# c- 27Utah Administrative Rulemaking Act, 2009
(7) (a) The committee may submit a report on its review ofstate 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

. .Jme11deJ bv Chapter 382, Lmtos o( Uta!t**~008** General Session**~(t'ectil'e** }vlay 5, 2008**{/ormer~v S~ctio11**  6J-./6a-ll)
63G-3-502

. Legislative reauthorization of agency rules
- Extension of rules by governor. (1) All grants ofrulemaking power from the Legislature to a state agency in any statute are made subject to the provisions ofthis 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 ofthat 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 ofUtah 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 ofthis section, the entire rule a single section, or any complete paragraph ofa rule rna; 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 ofthe rule, nor is it admissible in any proceeding as evidence of legislative intent. (5) (a) Ifan 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.

8 (b) In seeking the extension, the agency shall submit a petition to the governor that affmnatively states: (i) that the rule is necessary; and (ii) a citation to the source ofits authority to make the rule. (c) (i) Ifthe governor finds that the necessity does exist, and that the agency has the authority to make the Page 8

rule, the governor may declare the rule to be extended by publishing that declaration in the Administrative Rules Bulletin on or before April 15 ofthat year
. (ii) The declaration shall set forth the rule to be extended, the reasons the extension is necessary, and a citation to the source ofthe agency's authority to make the rule. (d) Ifthe omnibus bill required by Subsection (3) fails to pass both houses ofthe 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)

. /lenwnbered amiAmended by Chapter 382

. .Laws o( Utah ::on8 General Sessio11. effective May 5.**~008** (timnerlv**S~clion** 63-./6a115)

. Part 6. Judicial Review. 63G-3-601. Interested parties- Petition for agency action. ( 1) As used in this section, "initiate rulemaking proceedings" means the filing , for the purposes ofpublication in accordance with Subsection 63G-3-301(4), of an agency's proposed rule to implement a petition for the making, amendment, or repeal ofa rule as provided in this section. (2) An interested person may petition an agency to request the making, amendment, or repeal ofa 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 ofthe agency and appropriate to the powers ofthe agency
. (5) Within 60 days after submission ofa petition, the agency shall either deny the petition in writing, stating its reasons for the denial , or initiate rulemaking proceedings. (6) (a) Ifthe petition is submitted to a board that has been granted rulemaking authority by the Legislature, the board shall, within 45 days ofthe submission ofthe petition, place the petition on its agenda for review. (b) Within 80 days ofthe submission ofthe petition, the board shall either: (i) deny the petition in writing stating its
reasons for denial ; or (ii) initiate rulemaking proceedings. (7) Ifthe 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 ofmandamus in state district court. Renumbered andAme11Jed bv Chapter 38:::, Laws ofl!wh 2008 General Session.**~((ectil'e** May 5, 2008**(jormer~v** Seclio11 63-./6a-12)
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

.



# c- 28Utah Administrative Rulemaking Act, 2009
(b) Any person aggrieved by an agency's failure to comply with Section 63G-3-201 may obtainjudicial review ofthe agency's failure to comply by filing a complaint with the clerk ofthe 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 seekingjudicial 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 seekingjudicial review ofa 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 ofCivil Procedure, a complaint filed under this section shall contain :

by:

9 (i) the name and mailing address ofthe plaintiff ; (ii) the name and mailing address ofthe defendant agency; (iii) the name and mailing address of any other partyjoined in the action as a defendant; (iv) the text ofthe 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-3-60 I 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 plaintiffshall serve a summons and a copy ofthe 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 ofthe rule, ifany, with its responsive pleading. (4) The district court may grant reliefto the petitioner (a) declaring the rule invalid, ifthe court finds that: (i) the rule violates constitutional or statutory law or the agency does not have legal authority to make the rule ; Page 9
(ii) the rule is not supported by substantial evidence when viewed in light ofthe 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 ajudicial 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) Ifthe plaintiffmeets the requirements of Subsection (2)(b), the district court may review and act on a complaint under this section whether or not the plaintiffhas requested the agency review under Section 63G-3-601. Renwnbered undAme/lded b1• Chapcer 382. Un"s ofU tah J008 General Session. <!_((ecm·e May 5, 2008 (/(Jrmerzv Se.:ticm 63-./6al ::

./)
63G-3-603. Time for contesting a rule

-- Statute of limitations. (I) A proceeding to contest any rule on the ground of noncompliance with the procedural requirements of this chapter shall commence within two years ofthe effective date ofthe rule. (2) A proceeding to contest any rule on the ground of not being supported by substantial evidence when viewed in light ofthe whole administrative record shall commence within four years ofthe effective date ofthe 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 ofthe date the change was made

. lle/1 11/llb.tred mulAmended by Chapter 382. Laws l![ Urah 2008 Ge/leral Session.**ejj~cttvc** Afuv 5. 2008 (/imnerly Sccrion 63-46a-/./)
Part 7. Official Compilation of Administrative Rules. 63G-3-701. Utah Administrative Code as official compilation ofrules- Judicial notice

. The code shall be received by all thejudges, public officers, commissions, and departments of the state government as evidence ofthe administrative law ofthe state of Utah and as an authorized compilation ofthe administrative law ofUtah

. All courts shall takejudicial notice ofthe code and its provisions. Renumbered andAme/lded bv Cha pr

er 382. Lm•'s ofU talt :: 008 General Session

. e.((ectil·e May 5, 2008 ((or merlv Se,;tio/1 63

-./ 6 a- ! 6)
63G-3-702. Utah Administrative Code-- OrganizationOfficial compilation. (I) The Utah Administrative Code shall be divided into three parts: (a) titles, whose number shall begin with "R" ; (b) rules ; and



# c- 29Utah Administrative Rulemaking Act, 2009
(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 ofthe code and is the state-designated repository for administrative rules

. Ifa dispute arises in which there is more than one version ofa rule, the latest effective version on file with the division is considered the correct, current version. Renumbered and Ame11ded bv Chaprer 38c, L<n•'-' ofUtah 2008 General Session. ej/i:cliw ,'vkn• 5, 2008 ifimnerly Secliou63

- ./6a-9.6)

NOTE: Source hltp:.-:'le.uwhgovi-codei T!TLE63G_..63G03.:ip a.:cessed 07.'02/:!009. Legislaci>·e a.:liou irifonnalion added by the Division ojAJmillismllive Rules based on informalion.fi-om His/oryliifo.tr/provided bv Legislative Research and General Counsel. 117.'02.-2009.

10 Page 10



# c- 30

### Administrative Services R15. Administrative Services, 

### hearings: Administrative Rules. 

### (a) during the public R15-1. Administrative Rule 

### comment period on a proposed Hearings. 

### rule, after its publication in R15-1-1. Authority. 

### the bulletin and prior to its (1) This rule effective date; establishes procedures and (b) before initiating standards for administrative rulemaking procedures under rule hearings as required by Title 638, 

### Chapter 3, 

### to Subsection 638-3-402 (1) 

### (a)

. promote public input prior to (2) The procedures of a rule's publication; this rule constitute the (c) during a regular or minimum requirements for extraordinary meeting of a mandatory administrative rule state board, council, or hearings. Additional commission, in order to avoid procedures may be required to separate and additional comply with any other meetings; or governing statute, federal (d) to hear any public law, or federal regulation. petition for a rule change as Definitions. R15-1-2. 

### (1) Terms used rule are defined in 638-3-102. 

### (2) In addition: (a) "hearing" administrative rule and (b) "officer" administrative rule officer. RlS-1-3. Purpose. 

### in this Section

means an

hearing;

means an hearing

(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. provided by Section 638-3-601. (3) 

### Voluntary hearings, as described in this section, follow the procedures prescribed by this rule or any other procedures the agency may provide by rule

. (4) 

### Mandatory hearings, as described in this section, follow the procedures prescribed by this rule and any additional requirements of state or federal law. (5) If an agency holds a mandatory hearing under the procedures of this rule during the public comment period described in Subsection 638-3- 301(6), 

### no second hearing is required for the purpose of comment on the same rule or change considered at the first hearing

. R15-1-5. (1) (a) 

### Hearing Procedures. 

### Notice. RlS-1-4. When Agencies Hold 

### provide An 

### agency shall notice of a hearing Hearings. 

### by: (1) 

### Agencies shall hold (i) publishing hearings as required by hearing date, time, place, Subsection 638-3-302(2). 

### subject in the bulletin; (2) 

### Agencies may hold (ii) mailing copies August 1, 2009 

### Utah Administrative Code

- 1 - 

### the and

of



# c- 31

### Administrative Services the notice directly to persons attendance. The officer may who have petitioned for a set time limits for speakers hearing or rule changes under and shall ensure equitable use Section 63G-3-302 or 63G-3- of time. 601, respectively; and (b) The agency shall (iii) posting for at have a representative at the least 24 hours in a place in hearing, other than the the agency's offices which is officer, who is familiar with frequented by the public. the rule at issue and who can (b) If a rules hearing respond to requests for becomes mandatory after the information by those in agency has published the attendance. proposed rule in the bulletin, (c) The officer shall the agency shall notify in invite written comment to be writing persons requesting the submitted at the hearing or hearing of the time and place. after the hearing, within a (c) 

### An agency may reasonable time. Written provide additional notice of a comment shall be attached to hearing, and shall give the hearing minutes. further notice as may (d) The officer shall otherwise be required by law. conduct the hearing as an (2) Hearing Officer. open, informal, orderly, and (a) The agency head informative meeting. Oaths, shall appoint as hearing cross-examination, and rules officer a person qualified to of evidence are not required. conduct fairly the hearing. (5) The Hearing Record. (b) No restrictions (a) The officer shall apply to this appointment cause to be recorded the name, except the officer shall know address, and relevant rulemaking procedure. affiliation of all persons (c) However, if a state speaking at the hearing, and board, council, or commission cause an electronic or is responsible for agency mechanical verbatim recording rulemaking, and holds a of the hearing to be made, or hearing, a member or the make a brief summary, of their body's designee may be the remarks. hearing officer. (b) The hearing record (3) Time. The officer consists of a copy of the shall open the hearing at the proposed rule or rule change, announced time and place and submitted written comment, the permit comment for a minimum hearing recording or summary, of one hour. The hearing may the list of persons speaking be extended or continued to at the hearing, and other another day as necessary in pertinent documents as the judgment of the officer. determined by the agency. (4) Comment. (c) The hearing officer (a) At the opening of shall, as soon as practicable, the hearing, the officer shall assemble the hearing record explain the subject and and transmit it to the agency purpose of the hearing and for consideration. invite orderly, germane (d) The hearing record comment from all persons in shall be kept with and as part August 1, 2009 Utah Administrative Code

- 2

-



# c- 32

### Administrative Services of the rule 1 

### s administrative making, amendment, or repeal record in a file available at of an administrative rule. the agency offices for public inspection.
R15-1-8. Regarding Procedure. Decision on an Issue Rulemaking 

### (1) 

### When a hearing issue requires a decision regarding rulemaking procedure, the officer shall submit a written request for a decision to the director as soon as practicable after, or after recessing, the hearing, as provided in Section R15-5-6. The director shall reply to the agency head as provided in Subsection R15-5-6 (2). 

### The director 1 

### s decision shall be included in the hearing record.
R15-1-9. Appeal and Judicial Review. 

### may appeal the agency division by district court (1) 

### Persons the decision of head or the petitioning the for judicial provided by law. review

KEY: 

### administrative government hearings Date of Enactment or Substantive Amendment: 1, 1996 

### as
law,
Last June Notice of Continuation: September 29, 2005 Authorizing, and Implemented or Interpreted Law: 63G-3-402 Definitions. R15-2-2. ( 1) 

### Terms used in this rule are defined in Section 63G-3-102. (2) Other terms are defined as follows: (a) 11 

### rule change 11 

### means: (i) making a new rule; ( i i) amending, repealing, or repealing and reenacting an existing rule; (iii) amending a proposed rule further by filing a change in proposed rule under the provisions of Section 63G-3-303; (iv) allowing a proposed (new, amended, repealed, or repealed and reenacted) rule or change in proposed rule to lapse; or (v) 

### any combination of the above. (b) 11 

### petitioner 11 

### 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 stamp the petition with the date of receipt. R15-2. Public Petitioning for R15-2-4. Petition Form. Rulemaking. 

### The petition shall: R15 -2-1. Authority. 

### (a) be clearly As required by Subsection designated 11 

### petition for a 63G-3-601 (2), this rule rule change 11 ; 

### prescribes the form and (b) state the procedures for submission, petitioner 1 

### s name; consideration, and disposition (c) state the of petitions requesting the petitioner 1 

### s interest in the August 1, 2009 Utah Administrative Code - 3 -



# c- 33

### Administrative Services rule, including relevant part of the administrative affiliation, if any; (d) include a statement as required by Subsection 638- 3-601(4) regarding the requested rule change; (e) state approximate wording of requested rule change; the the (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) 

### petitioner. be signed by the

R

1 5-2
- 5. Petition Cons i deration 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 record. (4) The agency shall mail copies of its decision to all persons who petitioned for a rule change

. KEY: administrative law Date of Enactment or Last Substantive Amendment: December 25, 2 006 Notice of Continuation: Sep t ember 29, 

### 2005 Authorizing, and Implemented or Interpreted Law: 63G-3
- 601
R1 5-3
. Clarification Definitional of Administrative Rule. Rl5
- 3 -1. Authority, Purpose, and Definiti ons. (1) 

### This rule is authorized under Subsection 638-3-402(1) which requires the division to administer the Utah Administrative Rulemaking Act, Title 638, 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 638-3-102. the petitioner within the time R15
- 3
- 2
. Agency Discr etion. 

### frame provided by Section 638- (1) A rule may restrict 3-601. agency discretion to prevent (2) The petitioned agency personnel from agency may, within the time exceeding their scope of frame provided by Section 638- employment, or committing 3-601, interview the arbitrary action or petitioner, hold a public application of standards, or hearing on the petition , or to provide due process for take any action the agency, in persons affected by agency its judgment, deems necessary actions. to provide the petition due (2) A rule may authorize consideration

. agency discretion that sets (3) The agency shall limits, standards , and scope retain the petition and a copy of employment within which a of the agency's response as range of actions may be August 1, 2009 Utah Administrative Code - 4 -



# c- 34

### Administrative Services applied by agency personnel. A rule may also establish criteria for granting exceptions to the standards or procedures of the rule when, in the judgment of authorized personnel, documented circumstances warrant. (3) An 

### agency may have written policies which broadly prescribe goals and guidelines. Policies are not rules unless they meet the criteria for rules set forth under Section 63G-3-201(2). (4) Within the limits prescribed by Sections 63G-3- 201 and 63G-3-602, an agency has full discretion regarding the substantive content of its rules. The division has authority over nonsubstantive content under Subsections 63G3-402(2) and (3), and 63G-3- 403 (2) and (3), rulemaking procedures, and the physical format of rules for compilation in the Utah Administrative Code.
R15-3-3. Use of Incorporation by Reference in Rules. ( 1) An 

### agency incorporating materials by reference as permitted under Subsection 63G-3-201(7) shall comply with the following standards: (a) The specifically material is reference." rule shall state that the cited "incorporated by (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 revised material, the agency shall amend its rule through rulemaking procedures to incorporate by reference any applicable changes as soon as practicable. (d) In accordance with Subsection 63G-3-201 (7) (c), an agency shall describe substantive changes that appear in the materials incorporated by reference as part of the "summary of rule or change" in the rule analysis. (2) An 

### agency shall comply with copyright requirements when it provides the division a copy of material incorporated by reference.
R15-3-4. Computer-Prohibited Material. ( 1) 

### All rules shall be in a format that permits their compatibility with the division's computer system and compilation into the Utah Administrative Code. (2) Rules may not contain maps, charts, graphs, diagrams, illustrations, forms, or similar material. (3) 

### The division shall issue and provide to agencies instructions and standards for formatting rules.
R15-3-5. that Pursuant 301 (13)

. Statutory Provisions Require Rulemaking

to Subsection 63G-3- 

### For the purposes of Subsection 638-3-301(13), the phrase "statutory provision that requires the rulemaking" means a state statutory provision that explicitly mandates rulemaking. the agency intends to enforce KEY: administrative law 

### August 1, 2009 Utah Administrative Code

- 5

-



# c- 35

### Administrative Services Date of Enactment or Last 

### process of collecting and Substantive Amendment: April 

### arranging administrative rules 301 

### 2007 

### systematically in the Utah Notice of Continuation: 

### Administrative Code, and September 29 I 

### 2005 

### includes the process of Authorizing I 

### and Implemented 

### verifying that each amendment or Interpreted Law: 63G-3- 

### was marked as required under 201 ; 63G
- 3-301; 63G
- 3
- 402 

### Subsection 63G-3-301 (2) (b);
R15-4. Admi nistrative Rulemaking Procedures. RlS-4-1. Authority and Purpose. 

### (1) This rule establishes procedures for filing and publication of agency rules under Sections 63G-3-301, 63G-3-303, and 63G3-304, as authorized under Subsection 63G-3-402(1). (2) 

### The procedures of this rule constitute minimum requirements for rule filing and publication. Other governing statutes, federal laws, or federal regulations may require additional rule filing and publication procedures

. Definitions. RlS
- 4
- 2. 

### (1) Terms used in this rule are defined in Section 63G-3-102. ( 2) 

### Other terms are defined as follows: (a) "Anniversary date" means the date that is five years from the original effective date of the rule, or the date that is five years from the date the agency filed with the division the most recent five-year review required under Subsection 63G3-305(3) , whichever is sooner. (b) "Digest" means the Utah State Digest that (d) "Compliance cost" means expenditures a regulated person will incur if a rule or change is made effective; (e) "Cost" means the aggregated expenses persons as a class affected by a rule will incur if a rule or change is made effective; (f) "eRules" means the Division's administrative rule filing application that agencies use to file rules and notices; (g) "Savings" means : (i) an aggregated monetary amount that will no longer be incurred by persons as a class if a rule or change is made effective; (ii) an aggregated monetary amount that will be refunded or rebated if a rule or change is made effective; (iii) an aggregated monetary amount of anticipated revenues to be generated for state budgets, local governments, or both if a rule or change is made effective; or (iv) any combination of these aggregated monetary amounts

. (h) "Unmarked change" means a change made to rule text that was not marked as required by Subsection 63G-3- 301 (2) (b) summarizes the content of the R l S
- 4-3
. Publication Dates 

### bulletin as required by and Deadlines. 

### Subsection 63G-3-402 (1) (f); (1) For the purposes of (c) "Codify" means the Subsections 63G-3-301 (2) and August 1, 2009 Utah Administrative Code - 6 -



# c- 36

### Administrative Services 63G-3-303 (1), an agency shall RlS-4-Sa. Notice of the 

### file its rule and rule Effective Date for a Proposed 

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

### 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. RlS-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. (1) (a) Pursuant to Subsection 63G-3-301(9), upon expiration of the comment period designated on the rule analysis and filed with the rule, and before expiration of 120 days after publication of a proposed rule, the agency proposing the rule shall notify the division of the date the rule is to become effective and enforceable. (b) The agency shall notify the division after determining that the proposed rule, in the form published, shall be the final form of the rule, and after informing the division of any nonsubstantive changes in the rule as provided for in Section R15-4- 6. 

### (2) (a) The agency shall notify the division by filing with the division a Notice of Effective Date form using eRules

. (b) If the eRules Notice of Effective Date form is unavailable to the agency, the agency may notify the division by any other form of written communication clearly identifying the proposed rule, stating the date the rule was filed with the division or published in the bulletin, and stating its effective date. (3) The date designated as the effective date shall be: (a) at least seven days 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 August 1, 2009 Utah Administrative Code - 7 -



# c- 37

### Administrative Services in an issue of the bulletin, were filed with the division at least seven days after the or published in the bulletin, extended comment period. and stating the effective (4) The division shall date. 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.
RlS -4 -Sb. Notice of the Effective Date for a Change in Proposed Rule. 

### (1) (a) Upon expiration of the 30-day period required by Section 638-3-303, 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 as be: (3) 

### the The date designated effective date shall (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. determining that the rule text RlS
- 4-6
. Nonsubstantiv e 

### as published is the final form Changes in Rul e s . 

### of the rule, and after (1) Pursuant to informing the division of any Subsections 638-3-201 (4) (d) nonsubstantive changes in the and 638-3-303 (2), for the rule as provided for in purpose of making rule changes Section R15-4-6. that are grammatical or do not (2) (a) The agency shall materially affect the notify the division by filing application or outcome of with the division a Notice of agency procedures and Effective Date form using standards, agencies shall eRules. comply with the procedures of (b) If the eRules Notice this section. of Effective Date form is (2) The agency proposing unavailable to the agency, the a change shall determine if agency may notify the division the change is substantive or by any other form of written nonsubstantive according to communication clearly the criteria cited in identifying the change in Subsection R15-4-6(1). proposed rule and any rules (a) The agency may seek upon which the change in the advice of the Attorney proposed rule is dependent , General or the division , but stating the date the rules the agency is responsible for August 1, 2009 Utah Administrative Code

- 8

-



# c- 38

### Administrative Services compliance criteria. with the cited (ii) the change is (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 rule, the agency shall: a 

### (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 notice the name of head or designee the change. with the the agency authorizing (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 Rul es. (1) 

### Pursuant to Section 63G-3-303, agencies shall comply with the procedures of this section when making a substantive change in a proposed rule. (a) The procedures of this section apply if: (i) the agency determines a change in the substantive under the criteria of Subsection 638-3-102(19); (iii) the rule was published as a proposal in the bulletin and digest; and (iv) the rule has not been made effective under the procedures of Subsection 63G3-303 (1) (d) and Section R15-4- 5. 

### (b) If the rule is already effective, the agency shall comply with regular rulemaking procedures. (2) 

### To make a substantive change in a proposed rule, the agency shall file with the division: (a) a rule analysis, marked to indicate the agency intends to change a rule already published, and describing the change and reasons for it; and (b) a copy of the proposed rule previously published in the bulletin marked to show only those changes made since the proposed rule was previously published as described in Section R15-4

- 9. (3) 

### The division shall publish the rule analysis in the next issue of the bulletin, subject to the publication deadlines of Section R15-4-3

. The division may also publish the changed text of the rule. ( 4) 

### The agency may make a change in proposed rule effective by following the requirements of Section R15-4- 5, 

### or may further amend the rule by following the procedures of Sections R15-4-6 or R15-4-7.
R1 5 -4- 8
. Tem porary 120
- day 

### rule is necessary; Rules . 

### August 1, 2009 Utah Administrative Code - 9 -



# c- 39

### Administrative Services (1) Pursuant to Section 63G-3-304, for the purpose of filing a temporary rule, an agency shall comply with the procedures of this section. (2) The agency proposing a temporary rule shall determine if the need for the rule complies with the criteria of Subsection 63G- 3- 304 (1)

. (a) The division interprets the criteria of Subsection 63G-3-304(1) to include under "welfare" any substantial material loss to the classes of persons or agencies the agency is 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. mandated to regulate, serve, RlS-4-9. Underscoring and 

### or protect. Striking Out. 

### (3) The agency shall use (1) (a) Pursuant to the same procedures for filing Subsection 63G-3-301(2) (b), an and publishing a temporary agency shall underscore rule as for a permanent rule, language to be added and except: strike out language to be (a) the rule shall deleted in proposed rules. become effective and (b) Consistent with enforceable on the day and Subsection 63G-3-301(2) (b), an hour it is recorded by the agency shall underscore division unless the agency language to be added and designates a later effective strike out language to be date on the rule analysis; deleted in changes in proposed (b) no comment period is rules, 120-day rules, and necessary; nonsubstantive changes. (c) no public hearing is (c) Consistent with necessary; and legislative bill drafting (d) the rule shall technique, the struck out expire 120 days after the language shall be surrounded rule's effective date unless by brackets. the filing agency notifies the (2) When an agency division, on the form or by proposes to make a new rule or memorandum, of an earlier section, the entire proposed expiration date. text shall be underscored. (4) A temporary rule is (3) (a) When an agency separate and distinct from a proposes to repeal a complete rule filed under regular rule it shall include as part rulemaking procedures, though of the information provided in the language of the two rules the rule analysis a brief may be identical. To make a summary of the deleted temporary rule permanent, the language and a brief agency shall propose a explanation of why the rule is separate rule for regular being repealed. August 1, 2009 Utah Administrative Code

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# c -40

### Administrative Services (b) The agency shall the rule analysis, the agency include with the rule analysis shall: a copy of the text to be (a) estimate the deleted in one of the incremental cost or savings following formats: and incremental compliance (i) each page annotated cost associated with the "repealed in its entirety" or changes proposed by the rule (ii) the entire text or change; struck out in its entirety and (b) estimate the surrounded by one set of incremental cost or savings brackets. and incremental compliance (c) The division shall cost in dollars, except as not publish repealed rules otherwise provided in unless space is available Subsections R15-4-10(4) and within the page limits of the (5); 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 638-3-701 and that the agency must comply with regular rulemaking procedures to make the change

. (c) indicate that amount is either a cost savings; and (d) 

### estimate the or a

the incremental cost or savings expected to accrue to "state budgets," "local governments," "small businesses," and "persons other than small businesses, businesses, or local governmental entities" as aggregated cost or savings; (2) In addition, an agency may: (a) provide a narrative description of anticipated cost or savings, and compliance cost; (b) compare anticipated cost or savings, and compliance cost figures, for the rule or change to: (i) current budgeted costs associated with the R

lS -4- 1 0
. Estimates of 

### existing rule, Anticipated Cost or Savings, 

### (ii) figures reported on and Comp l iance Cost
. 

### a fiscal note attached to a (1) Pursuant to related legislative bill, or Subsections 638-3-301 (3), 638- (iii) both (i) and (ii)

. 3-303 (1), 638-3-304 (2), and (3) If an agency chooses 53C-1-201(3), when an agency to provide comparison figures, files a proposed rule, change it shall clearly distinguish in proposed rule , 120-day comparison figures from the (emergency) rule, or expedited anticipated cost or savings, rule and provides anticipated and compliance cost figures. cost or savings, and (4) If dollar estimates compliance cost information in are unknown or not available, August 1, 2009 Utah Administrative Code

- 11

-



# c- 41

### Administrative Services or the obtaining thereof would (b) identify the reason impose a substantial or reasons why the Division unbudgeted hardship on the refused to register and agency, the agency may publish the rule or change; substitute a reasoned and narrative description of costrelated actions required by the rule or change, and explain the reason or reasons for the substitution

. (5) If no cost, savings, or compliance cost is associated with the rule or change, an agency may enter "none, " "no impact, " or similar words in the rule analysis followed by a written explanation of how the agency estimated that there would be no impact, or how the proposed rule, or changes made to an existing rule does not apply to "state budgets," "local government," "small businesses," "persons other than small businesses, businesses, or local governmental entities," or any combination of these. (6) If an agency does not provide an estimate of cost, savings, compliance cost, or a reasoned narrative description of cost information; or a written explanation as part of the rule analysis in compliance with this section, the Division may, after making an attempt to obtain the required information, refuse to register and publish the rule or change

. If the Division refuses to register and publish a rule or change, it shall: (a) return the rule or change to the agency with a notice indicating that the Division has refused to register and publish the rule (c) indicate the filing deadlines for the nex t issue of the Bulletin.
KEY: administrative law Date of Enactment or Last Substantive Amendment: 241 

### 2007 August Notice of Continuation: September 29, 2005 Authorizing, and Implemented or Interpreted Law: 63 -46a1063G-3-301; 63-46a-463G-3- 303; 63 -46a-663G-3 -304; 63G-3- 402 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 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- or change; August 1, 2009 Utah Administrative Code

- 12

-



# c -42

### Administrative Services 202, 63G-4-203, and 63G-4-503. director.
Rl5-5-3. Definitions. 

### ( 1) The terms used in this rule are defined in Section 63G-4-103. (2) In addition, "digest" means the Utah State Digest which summarizes the content of the bulletin as required under Subsection 63G3-402 (1) (f).
R15-5-4. Refusal to Publish or Register a Rule or Rule Change. 

### (1) The division shall not publish a proposed rule or rule change when the division determines the agency has not met the requirements of Title 63G, Chapter 3, or of Rules R15-3 or R15-4. (2) The division shall not register an agency's notice of effective date, nor codify the rule or rule change in the Utah Administrative Code, if the agency exceeds the 120-day limit required by Subsection 63G-3-301 (6) (a) as interpreted in Section R15-4- 5. 

### (3) The division shall notify the agency of a refusal to publish or register a rule or rule change, and shall advise and assist the agency in correcting any error or omission, and in re-filing to meet statutory and regulatory criteria.
Rl5-5-5. 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 (2) The division director shall grant or deny the petition within 20 days, and respond in writing giving the reasons for any denial. (3) The agency may appeal the decision of the division director by filing a written appeal to the Executive Director of the Department of Administrative Services within 20 days of receipt of the division director's decision. The Executive Director shall respond within 20 days affirming or reversing the division director's decision.
R15-5-6. Determining the Procedural Validity of a Rule. 

### (1) A person may contest the procedural validity, or request a determination of whether a rule meets the requirements of Title 63G, Chapter 3, by filing a written petition with the division. (a) The rule at issue may be a proposed rule or an effective rule

. (b) The petition must be received by the division within the two-year limit set by Section 63G-3-603. (c) The petition may emanate from a rulemaking hearing as in Section R15-1-8. (d) The petition shall specify the rule or rule change at issue and reasons why the petitioner deems it procedurally flawed or invalid. (e) The petition shall be accompanied by documents the division consider in reaching decision. (f) 

### any should its

review with the division be August 1, 2009 Utah Administrative signed Code The petition shall and designate a

- 13

-



# c- 43

### Administrative Services telephone number where the registered promptly. petitioner can be contacted during regular business hours. (2) The division shall respond to the petition in writing within 20 days of its receipt. (a) The division shall research all records pertaining to the rule or rule change at issue. (b) The response of the division shall state whether the rule is procedurally valid or invalid and how the agency may remedy any defect. (c) The division shall send a copy of the petition and its response to the pertinent agency. (3) 

### The petitioner may request reconsideration of the division's findings by filing a written request for reconsideration with the division director. (a) The director may respond to the request in writing. (b) If the petitioner receives no response within 20 days, the request is denied.
R15-5-7. Remedies Resulting from an Adjudicative Proceeding. 

### (1) A rule the division determines is procedurally invalid shall be stricken from the Utah Administrative Code and notice of its deletion published in the next issues of the bulletin and digest. (2) The division shall notify the pertinent agency and assist the agency in refiling or otherwise remedying the procedural omission or error in the rule. (3) A rule the division determines is procedurally valid shall be published and KEY: administrative procedures, administrative law Date of Enactment or Last Substantive Amendment: June 1, 1996 Notice of Continuation: September 29, 2005 Authorizing, and Implemented or Interpreted Law: 63G-3- 402; 63G-4-202; 63G-4-203; 63G-4-503



### August 1, 2009 Utah Administrative Code

- 14

-



# c- 44

# Proposed Rule

### R307-101-3 March 7 , 2013 Page 1 of 1 1 

### R307. Environmental Quality, Air Quality
. 

### 2 R307-101. General Requirements. 3 

### R307-101-3. Version of Code of Federal Regulations Incorporated by 4 

### Reference. 5 Except as specifically identified in an individual rule , the 6 

### version of the Code of Federal Regulations (CFR) incorporated 7 throughout R307 is dated July 1 , [-2-&±-±]2012

. 8 9 

### KEY: air pollution, definitions 10 Date of Enactment or Last Substantive Amendment: November 8, 2012 11 

### Notice of Continuation: July 2, 2009 12 Authorizing, and Implemented or Interpreted Law: 19-2-104(1) (a) 13 

### 14



### p- 1NOTICES OF PROPOSED RULES

R277-614-2. A thority and Purpose. A

. ·s rule is authorized by Utah Constitution X. Section 3 which v ts general control and supervision in the Board, by Section 53A-l- 1(3) which allows the Board to adopt rules in accordance with its onsibilities

. B

. The p se of this rule is to direct LEAs under the general control and s rvision of the Utah State Board of Education to adopt and force a head injury policy for students participating in sporting
·ents as deftned in the law , including notification to parents of policy and receipt from parents of signed statements that paren understand and will support the LEA in the enforcement ofthe polic esponsibilities. A. The Board directs al LEAs to develop, pass, post on the LEAs' websites and make avail le to parents a traumatic head injury policy that meets the requirem ts ofSection 26-53

. B

. The USOE shall, in co ltation \vith Utah State Risk Management, provide a model p icy for LEAs to use in developing their policies

. The model licy shall be available on the USOE website

. C

. The USOE shall provide mo to inform parents of LEA policies and documenting the parents' understanding adhere to LEA policies. D. The USOE shall provide professi al development, as needed and to the extent of funds available, t assist LEAs with training to identify srudents' traumatic head in.uries, to provide notice to parents and to comply with the law.
R277-614-4. LEA Responsibilities. A

. All LEAs are identified as organizations for purposes of Section 26-53 and s requirements ofthe law

. B. [Before September IS, 20 ll. fl]AII L As shall**[~Jllli!intaiu** a traumatic head injury policy for srudents [

. . seheeleeti •i!ies; ) ([2)1) partiCipating in physical education**asses~** excluding free plav under Section 26-53-102f5)fb)(ijj) offe d by the LEA; and ([3]2.) participating in extracurricular activities spons red by the LEA or statewide athletic associations or both groupsjoin y. C

. An LEA's policy shall include: (l) direction to agents to remove a student from a sporting event if the student is suspected of sustaining a concussion or a traumatic head injury;

24 DAR File No

. 37635

(2) the prohibition of a student's continued participation unt the student is evaluated by a trained qualified health care profe ·onal ; 3) a written statement from a trained health care provider clearing th tudent to resume participation in a sporting event: ( 4) equate training for agents, consistent with their involvement and nsibility for supervising students in sporting events , about trauma · head injuries and response to suspected student injuries, consiste with the law; and (5) notice at le annually to parents of students who participate in sporting events, · eluding parents' signatures, of an LEA's traumatic head injury policy

. D

. An LEA shall post its icy on a district/school or charter school website where the in accessible to the public and to parents.
KEY: athletes, bead injuries Date of Enactment of Last [Nof'ember 8, 20ll]Zl!.U Notice ofContinuation: May IS, 2013 Authorizing, and Implemented or Interpreted Law: 3; 53A-l-401(3)


### Environmental Quality, Air Quality 

## R307-101-3 Version of Code of Federal Regulations Incorporated by Reference

NOTICE OF PROPOSED RULE (Amendment) DAR FILE NO. : 37582

FILED: 05/02/2013
RULE ANALYSIS PURPOSE OF THE RULE OR REASON FOR THE CHANGE : Section R307-101-3 incorporates by reference the version of the Code of Federal Regulations (CFR) used in the majority of rules adopted by the Air Quality Board

. This allows rules that reference Section R307-101-3 to update the incorporation date with only one rule amendment The most current version of the CFR for environmental regulations has been updated from 07/01/2011 to 07/01/2012 ; therefore

. it is necessary to amend Section R307-101-3. SUMMARY OF THE RULE OR CHANGE : The following is a list of changes to 40 CFR from 07/01/2011 to 07/01/2012 that affect rules which reference Section R307-101-3: Vol. 77, No

. 121 , Pg. 37610-37614

- This action revised the EPA's definition of ' volatile organic compounds (VOCs) under the Clean Air Act (CAA). This revision added trans-1,3 ,3,3- tetratluoropropene (also known as HF0-1234ze) to the list of compounds excluded from the definition of VOC on the basis that this compound makes a negligible contribution to tropospheric ozone formation

. As a result , if you are subject

UTAH STATE BULLETIN, June OJ, 2013 , Vol. 2013, No

. II



### P-2DAR File No

. 37 582

to certain federal regulations limiting emissions of VOCs , your emissions of HF0-1234ze may not be regulated for some purposes

. Vol. 77 , No. 124 , Pg

. 38199

- In Title 40 CFR parts 87 to 95 , revised as of 07/01/2011 , on page 579 , in Sec

. 93.118 , paragraph (e)(2) was corrected to read as follows : Sec

. 93

. 118 Criteria and procedures: Motor vehicle emissions budgel (e)(2) If EPA has not

.declared an implementation plan submiss ion 's motor vehicle emissions budget(s) adequate for transportation conformity purposes , the budget(s) shall not be used to satisfy the requirements of this section

. Consistency with the previously established motor veh icle emissions budget(s) must be demonstrated

. If there are no previously approved implementation plans or implementation plan submissions with adequate motor vehicle em issions budgets , the interim emissions tests required by Sec

. 93.119 must be satisfied

. Vol. 77 , No. 50 , Pg

. 14979-14988

- EPA amended the transportation conform ity rule to final ize provis ions that were proposed on 08/13/2010

. These amendments restructured several sections of the transportation conformity rule so that they appl ied to any new or revised National Ambient Air Quality Standards

. EPA also finalized several clarifications to improve implementation of the rule. This final rule removed the definitions for " 1-hour ozone NMOS", "8-hour ozone NMOS" , "24-hou r PM10 NMOS ", "1997 PM2

.5 NMOS" , "2006 PM2

. 5 NMOS ", and "Annual PM10 NMOS" from 40 CFR 93

. 101

. These defin itions are no longer necessary because the updated regulatory text for sections 93

. 109 and 93

. 119 \8\ applies to any and all NMOS of those pollutants for which conformity appl ies

. Vol. 76 , No

. 156, Pg 50129

- 50133 , Friday, 08/12/2011

- EPA took d irect final action on corrections to the Protocol Gas Verification Program and Minimum Competency Requ i rements for Air Emission Testing fina l rule , wh ich was published in the Federal Register of 03/28/2011 (76 FR 17288)

. Vo l. 76 , No

. 152 , Pg 48207- 48483

- In this action , EPA l imited the interstate transport of emissions of nitrogen oxides (NOX) and sulfur dioxide (S02) that contribute to harmful levels of fine particle matter (PM2

.5) and ozone in downwind states

. EPA identified emissions within 27 states in the eastern United States that significantly affect the abil ity of downwind states to attain and maintain compliance with the 1997 and 2006 fine particulate matter national ambient air quality standards (NMOS) and the 1997 ozone NMOS

. The authority citation for part 72 was revised to read as follows : Authority : 42 U.S

.C

. 7401 , 7403 , 7410 , 7411 , 7426, 7601 , et seq

. Section 72

.2 was amended by removing the defin ition for "interested person"

. Vol. 77 , No

. 1 1 , Pg 2456-2466NVednesday, 01/18/2012 EPA promulgated this final rule to incorporate the most recent versions of ASTM I nternational standards into EPA regulations that provide flexibility to use alternatives to mercury-containing industrial thermometers

. This final rule allows the use of such alternatives in certain field and laboratory applications previously impermissible as part of compliance with EPA regulations

. Due to mercury's high toxicity, EPA sought to reduce potential mercury exposures to humans and the envi ronment by reducing the overall use of mercury-containing products , including mercury-containing industrial thermometers. Vol. 76 , No. 155, Pg 49669-49674 ,

UTAH STATE B U LLETI N, June 01 , 2013, V ol. 2013, No. 1 1 NOTICES OF PROPOSED RULES

Thursday, August 11 , 201 1 -The EPA amended regulations to reflect a change in address for EPA's Region 1 office

. This action was ed itorial in natu re and was intended to provide accuracy and clarity to the agency's regulations

. PART 763- {AMENDED] Appendix C was amended by revising the address for Reg ion I under II

.C

.3. to read as follows : Append ix C to Subpart E of Part 763-Asbestos Model Accred itation Plan II.C

.3

. EPA, Region I , (OES05-1) Asbestos Coord inator, 5 Post Office Square-Suite 100 , Boston , MA 02109-3912 , (617 ) 918-1016

. 46

. Appendix D was amended by revising the address for Region I to read as follows : Append ix D to Subpart E of Part 763-Transport and Disposal of Asbestos Waste Reg ion I Asbestos NESHAPs Contact, Office of Envi ronmental Stewardship, USEPA, Reg ion I , 5 Post Office Square-S uite 100 , Boston , MA 02109-3912 , (617) 918-1 55 1

. STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS RULE Suqsection 1 9-2-1 04( 1)(a) MATERIALS INCORPORATED BY REFERENCES : • Updates 40 CFR , published by National Archives and Records Administration 's Office of the Federal Reg ister, Ju ly 1 , 2012 ANTICIPATED COST OR SAVINGS TO : +THE ST AT E BUDGET: Because the revisions do not create new requ irements, no change in costs or savings is expected for the state budget. t LOCAL GOVERNMENTS : Because this revision does not create new req uirements , no change in costs or savings is expected for local governments. t SMALL BUS I NESSES : Because th is revision does not create new requ irements , no change in costs or savings is expected for small businesses

. t PERSONS OTHER THAN SMALL BUSINESSES , BUSINESSES , OR LOCAL GOVERNMENTAL ENTITIES : Because th is revision does not create new requirements , no change in costs or savings is expected for persons other than small bus inesses , bus inesses , or local government entities

. COMPLIANCE COSTS FOR AFFECTED PERSONS : Because this revision does not create new requirements , no change in costs is expected for affected persons

. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES : Th is amendment does not create new requirements ; therefore , there is no anticipated fiscal impact on businesses.
THE FULL TEXT OF THIS RULE MAY BE INSPECTED , DURING REGULAR BUSINESS HOURS , AT: ENVIRONMENTAL QUALITY AIR QUALITY FOURTH FLOOR 195 N 1950W SALT LAKE CITY, UT 84116-3085 or at the Division ofAdmin istrative Rules

.

25



### P-3NOTICES OF PROPOSED RULES

DIRECT QUESTIONS REGARDING THIS RULE TO : + Mark Berger by phone at 801-536-4000 , by FAX at 801- 536-0085 , or by Internet E-mail at mberger@utah

.gov INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00PM ON 07/01/2013
THIS RULE MAY BECOME EFFECTIVE ON : 08/08/2013 AUTHORIZED BY: Bryce Bird, Director

R307. Environmental Quality, Air Quality. R307-101. General Requirements

. R307-101-3. Version ofCode of Federal Regulations Incorporated by Reference. Except as specitically identified in an individual rule, the version of the Code of Federal Regulations (CFR} incorporated throughout RJ07 is dated July I,**[~:lli!.U** KEY: air pollution, definitions Date ofEnactment orLast SubstantiveAmendment:**(~** )2013

otice ofContinuation: July 2, 2009 Authorizing, and Implemented or Interpreted Law: 19-2-104(1) (a)


### Environmental Quality, Air Quality 

## R307-210-2 ·1 and Gas Sector: New Source Performance Standards

OTICE OF PROPOSED RULE (Amendment) AR FILE NO .: 37583

ILED : 05/02/2013 R PURPOSE OF THE LE OR REASON FOR THE CHANGE : On 08/12/2012 , e EPA promulgated new source performance standards (NS ) for the oil and gas sector

. In order for these new standards o be enforceable at the state level , they need to be incorpo ted into the Division of Air Quality (DAQ) rules

. SUMMARY OF THE RULE OR C GE : The "Oil and Gas Sector: New Source Performance andards" in 40 CFR 60

. 17, 40 CFR Part 60 Subpart KKK, 4 CFR Part 60 Subpart LLL, and 40 CFR Part 60 Subpart 00 , promulgated by the EPA on August 16, 2012 in 77 FR 4949 e incorporated by reference

.

26 DAR File No

. 37582

STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS RULE: Section 19-2-108 and Subsection 19-2-104(3)

)
MA ERIALS INCORPORATED BY REFERENCES : + Updates 77 FR 49490 , published by National Archives and Records Administration 's Office of the Federal Register, 08/16/2012

+THE ST. TE BUDGET: There may be an additional cost to DAQ to en rce the standards for sources that are currently inspected ; h wever, any costs should be minimal and should not result i any additional costs to the state budget. Because new ources are sub j ect to these standards, there may be additio I costs to enforce the standards in the future , but the potential
·ncrease is currently unknown , especially for smaller sources t tare not perm itted by DAQ

. + LOCAL GOVER MENTS : There are no new requirements for local governmen ; therefore , there are no anticipated costs or savings. + SMALL BUSINES ES : These provisions are already in place and federally en orceable

. Any small business to wh ich this rule might apply ready should be complying with this rule ; therefore , there ar no anticipated costs or savings. + PERSONS OTHE THAN SMALL BUSINESSES , BUSINESSES, OR LO AL GOVERNMENTAL ENTITIES : These provisions are !ready in place and federally enforceable

. Any perso other than small businesses , businesses , or local gover ment entities to which this rule might apply already shoul be complying with this rule ; therefore , there are no antici ted costs or savings

. COMPLIANCE COSTS Because the provis ions of th enforceable , affected person compl iance with it. There are no associated with incorporating the rules

. AFFECTED PERSONS : rule are already federally

should already be in dditional compliance costs w standards into the DAQ

COMMENTS BY THE DEPART NT HEAD ON THE FISCAL IMPACT THE RULE MAY H**~E** ON BUSINESSES : Because the provisions of this rule are already federally enforceable , businesses should alrea y be in compliance with it. DAQ anticipates no fiscal im act associated with incorporating the new standards into the AQ rules.
THE FULL TEXT OF THIS RULE MA DURING REGULAR BUSINESS HOURS , ENVIRONMENTAL QUALITY AIR QUALITY FOURTH FLOOR 195 N 1950 W SALT LAKE CITY, UT 84116-3085 or at the Division ofAdministrative Rul s

.

UT

AHST A TE B U LLETI N, June 01 , 201 3, Vol. 2013, No. II



### P- 4

# HearingNOTICES OF PROPOSED RULES

[EJQ. "Sporting event" means activities listed under Sec 'on 26-53-102(5) and includes games, classes, tryouts and activ
·es that take place during the regular school day of public schoo and activities sponsored by the public**schools~** exclusi s rovided in Section**26-5~-102** 5 b.

. ]H. "Traumatic head injury" means any of the signs ,

self-reported, listed under Section 26-53-102(6)

.

. "USOE" means the Utah State Office ofEducation.
R277-614-2. A thority and Purpose. A. T ·s rule is authorized by Utah Constitution X, Section 3 which v ts general control and supervision in the Board, by Section 53A-l- I (3) which allo\YS the Board to adopt rules in accordance \'<lth its onsibilities. B

. The p se of this rule is to direct LEAs under the general control and s rvision of the Utah State Board of Education to adopt and force a head injury policy for students participating in sporting ents as deftned in the law , including notification to parents of policy and receipt from parents of signed statements that paren understand and will support the LEA in the enforcement ofthe polic. esponsibilities. A. The Board directs al LEAs to develop, pass, post on the LEAs' websites and make avail le to parents a traumatic head injury policy that meets the requirem ts ofSection 26-53. B. The USOE shall, in co ltation**"'~th** Utah State Risk Management, provide a model p developing their policies

. The model the USOE website. C

. The USOE shall provide m to inform parents of LEA policies and documenting the parents ' understanding adhere to LEA policies

. D

. The USOE shall provide professi al development, as needed and to the extent of funds available, t assist LEAs with training to identify students' traumatic head in·uries, to provide Jlotice to parents and to comply with the law.
R277-614-4. LEA Responsibilities. A

. All LEAs are identified as organizations for purposes of Section 26-53 and s requirements ofthe law. B. [Befure Septem

. eer 15, 2Gil , tl}AII L As shall [!!tieptJlllilin1l!in a traumatic head injury policy for students [

. . seheellletivities; ] ([2]1) participating in physical education**asses~** excluding free plav under Se(,-tion 26-53-1 02!5)(b)<iii) offe d by the LEA; and ([3]1) participating in extracurricular activities spons red by the LEA or statewide athletic associations or both groupsjoin y. C. An LEA's policy shall include: (1) direction to agents to remove a student from a sporting event if the student is suspected of sustaining a concussion or a traumatic head injury;

24 DAR File No

. 37635

(2) the prohibition of a student's continued participation
un the student is evaluated by a trained qualified health care profe ·onal ; 3) a written statement from a trained health care provider clearing th tudent to resume participation in a sporting event; (4) equate training for agents, consistent with their involvement and nsibility for supervising students in sporting events , about trauma · head injuries and response to suspected student injuries , consiste with the law; and (5) notice at le annually to parents of students who participate in sporting events, · eluding parents' signatures, of an LEA's traumatic head injury policy

. D

. An LEA shall post its ticy on a district/school or charter school website where the in accessible to the public and to parents

. KEY: athletes, head injuries Date of Enactment of Last Substantive**[Nt~tember8,** 29U]Z!IU Notice ofContinuation: May 15, 2013 Authorizing, and Implemented or Interpreted Law: 3; 53A-l-401(3)


### Environmental Quality, Air Quality 

## R307-101-3 Version of Code of Federal Regulations Incorporated by Reference

NOTICE OF PROPOSED RULE (Amendment) DAR FILE NO. : 37582

FILED: 05/02/2013



# . RULE ANALYSIS PURPOSE OF THE RULE OR REASON FOR THE CHANGE : Section R307-101-3 incorporates by reference the version of the Code of Federal Regulations (CFR} used in the majority of rules adopted by the Air Quality Board

. This allows rules that reference Section R307-101-3 to update the incorporation date with only one rule amendment The most current version of the CFR for environmental regulations has been updated from 07/01/2011 to 07/01/2012 ; therefore, it is necessary to amend Section R307-101-3.
SUMMARY OF THE RULE OR CHANGE : The following is a list of changes to 40 CFR from 07/01/2011 to 07/01/2012 that affect rules which reference Section R307-101-3: Vol. 77, No. 121 , Pg. 37610-37614

- This action revised the EPA's definition of volatile organic compounds (VOCs) under the Clean Air Act (CAA}

. This revision added trans-1,3,3,3- tetranuoropropene (also known as HF0-1234ze) to the list of compounds excluded from the definition of VOC on the basis that this compound makes a negligible contribution to tropospheric ozone formation. As a result, if you are subject

uTAHST.4.TE BULLETl"i, June 01,2013 , Vol. 2013 , No. II



### H- 1DAR File No

. 37582

to certain federal regulations limiting emissions ofVOCs, your emissions of HF0-1234ze may not be regulated for some purposes

. Vol. 77, No

. 124 , Pg. 38199

- In Title 40 CFR parts 87 to 95 , revised as of 07/01/2011 , on page 579 , in Sec. 93.118, paragraph (e)(2) was corrected to read as follows: Sec

. 93.118 Criteria and procedures: Motor vehicle emissions budget. (e)(2) If EPA has not

.declared an implementation plan submiss ion's motor vehicle emissions budget(s) adequate for transportation conformity purposes , the budget(s) shall not be used to satisfy the requirements of this section

. Consistency with the previously established motor vehicle emissions budget(s) must be demonstrated

. If there are no previously approved implementation plans or implementation plan submissions with adequate motor vehicle emiss ions budgets , the interim emiss ions tests required by Sec

. 93

. 119 must be satisfied. Vol. 77, No

. 50 , Pg

. 14979-14988

- EPA amended the transportation conform ity rule to finalize provisions that were proposed on 08/13/2010

. These amendments restructured several sections of the transportation conformity rule so that they applied to any new or revised National Ambient Air Quality Standards. EPA also finalized several clarifications to improve implementation of the rule. This final rule removed the definitions for "1-hour ozone NAAQS", "8-hour ozone NAAQS" , "24-hour PM10 NAAQS", "1997 PM2

.5 NAAQS", "2006 PM2.5 NAAQS" , and "Annual PM10 NAAQS" from 40 CFR 93

. 101. These defin itions are no longer necessary because the updated regulatory text for sections 93.109 and 93

. 119 \8\ applies to any and all NAAQS of those pollutants for which conformity applies

. Vol. 76, No. 156, Pg 50129- 50133 , Friday, 08/12/2011

- EPA took direct final action on corrections to the Protocol Gas Verification Program and Minimum Competency Requirements for Air Emission Testing final rule , which was published in the Federal Register of 03/28/2011 (76 FR 17288). Vol. 76, No

. 152 , Pg 48207- 48483

- In this action , EPA limited the interstate transport of emissions of nitrogen oxides (NOX) and sulfur dioxide (S02) that contribute to harmful levels of fine particle matter (PM2.5) and ozone in downwind states. EPA identified emissions within 27 states in the eastern United States that significantly affect the ability of downwind states to attain and maintain compliance with the 1997 and 2006 fine particulate matter national amb ient air quality standards (NAAQS) and the 1997 ozone NAAQS

. The authority citation for part 72 was revised to read as follows : Authority: 42 U.S

.C

. 7401, 7403 , 7410 , 7411 , 7426, 7601 , et seq

. Section 72.2 was amended by removing the definition for "interested person"

. Vol. 77, No. 11, Pg 2456-2466M'ednesday, 01/18/2012 EPA promulgated this final rule to incorporate the most recent versions of ASTM International standards into EPA regulations that provide flexibility to use alternatives to mercury-containing industrial thermometers

. This final rule allows the use of such alternatives in certain field and laboratory applications previously impermissible as part of compliance with EPA regulations. Due to mercury's high toxicity, EPA sought to reduce potential mercury exposures to humans and the environment by reducing the overall use of mercury-containing products, including mercury-containing industrial thermometers

. Vol. 76 , No

. 155 , Pg 49669-49674 ,

UTA H STATE BULLETIN , June 01 , 2013 , Vol. 2013, No. II NOTICES OF PROPOSED RULES
Thursday, August 11, 2011 -The EPA amended regulations to reflect a change in address for EPA's Region 1 office. This action was editorial in nature and was intended to provide accuracy and clarity to the agency's regulations

. PART 763- [AMENDED] Appendix C was amended by revising the address for Region I under II.C.3

. to read as follows: Appendix C to Subpart E of Part 763-Asbestos Model Accreditation Plan II.C.3. EPA, Region I, (OES05-1) Asbestos Coordinator, 5 Post Office Square-Suite 100. Boston, MA 02109-3912 , (617) 918-1016

. 46

. Appendix D was amended by revising the address for Region I to read as follows : Append ix D to Subpart E of Part 763-Transport and Disposal of Asbestos Waste Reg ion I Asbestos NESHAPs Contact, Office of Envi ronmental Stewardship , USEPA, Region I , 5 Post Office Square-Suite 100, Boston , MA 02109-3912 , (617) 918-1551. STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS RULE : Suqsection 19-2

- 1 04(1 )(a) MATERIALS INCORPORATED BY REFERENCES : • Updates 40 CFR , published by National Archives and Records Administration's Office of the Federal Register, July 1, 2012 ANTICIPATED COST OR SAVINGS TO: • THE STATE BUDGET: Because the revisions do not create new requ i rements , no change in costs or savings is expected for the state budget. t LOCAL GOVERNMENTS : Because this revision does not create new requirements , no change in costs or savings is expected for local governments

. • SMALL BUSINESSES : Because this revision does not create new requirements , no change in costs or savings is expected for small businesses

. t PERSONS OTHER THAN SMALL BUSINESSES , BUSINESSES , OR LOCAL GOVERNMENTAL ENTITIES : Because this revision does not create new requirements , no change in costs or savings is expected for persons other than small bus inesses, businesses, or local government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS : Because this revision does not create new requirements , no change in costs is expected for affected persons

. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES : This amendment does not create new requirements ; therefore, there is no anticipated fiscal impact on businesses

. THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURING REGULAR BUSINESS HOURS , AT: ENVIRONMENTAL QUALITY AIR QUALITY FOURTH FLOOR 195 N 1950 W SALT LAKE CITY, UT 84116-3085 or at the Division ofAdministrative Rules

.

25



### H-2NOTICES OF PROPOSED RULES

DIRECT QUESTIONS REGARDING THIS RULE TO : + Marl< Berger by phone at 801-536-4000, by FAA at 801- 536-0085 , or by Internet E-mail at mberger@utah.gov
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5 :00PM ON 07/01/2013
THIS RULE MAY BECOME EFFECTIVE ON : 08/08/2013
AUTHORIZED BY: Bryce Bird , Director

R307. Environmental Quality, Air Quality. R307-101. General Requirements. R307-101-3. Version ofCode ofFederal Regulations Incorporated by Reference. Except as specifically identified in an individual rule, the version of the Code of Federal Regulations (CFR) incorporated throughout R307 is dated July I,**[~lli).U .**  KEY: air pollution, definitions Date of Enactment orLast Substantive Amendment: (February 3, )2013

'otice ofContinuation: July 2, 2009 Authorizing, and Implemented or Interpreted Law: 19-2-104(1) (a)


### Environmental Quality, Air Quality 

## R307-210-2 ·1 and Gas Sector: New Source Performance Standards

OTICE OF PROPOSED RULE (Amendment) AR FILE NO .: 37583

ILED : 05/02/2013 EANALYSIS PURPOSE OF THE LE OR REASON FOR THE CHANGE : On 08/12/2012 , e EPA promulgated new source perfonnance standards (NS ) for the oil and gas sector. In order for these new standards o be enforceable at the state level, they need to be incorpo ted into the Division of Air Quality (DAQ) rules

. SUMMARY OF THE RULE OR C Sector. New Source Perfonnance andards" in 40 CFR 60

. 17, 40 CFR Part 60 Subpart KKK, 4 CFR Part 60 Subpart LLL , and 40 CFR Part 60 Subpart 00 , promulgated by the EPA on August 16, 2012 in 77 FR 4949 e incorporated by reference

.

26 DAR File No

. 37582

STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS RULE : Section 19-2-108 and Subsection 19-2-104(3)

)
MA ERIALS INCORPORATED BY REFERENCES : + Updates 77 FR 49490, published by National Archives and Records Administration's Office of the Federal Register, 08/16/2012
ANTICIP TED COST OR SAVINGS TO : +THE SI TE BUDGET: There may be an additional cost to DAQ to en rce the standards for sources that are currently inspected ; h wever, any costs should be minimal and should not result i any additional costs to the state budget. Because new ources are subject to these standards , there may be additio I costs to enforce the standards in the future , but the potential
·ncrease is currently unknown, especially for smaller sources t t are not pennitted by DAQ

. + LOCAL GOVER MENTS : There are no new requirements for local governmen ; therefore, there are no anticipated costs or savi ngs

. + SMALL BUSINES ES : These provisions are already in place and federally en orceable. Any small business to which this rule m ight apply ready should be complying with this rule ; therefore , there ar no anticipated costs or savings. + PERSONS OTHE THAN SMALL BUSINESSES , BUSINESSES , OR LO AL GOVERNMENTAL ENTITIES : These provisions are !ready in place and federally enforceable

. Any perso other than small businesses , businesses, or local gover ment entities to which this rule might apply already shoul be complyi ng with this rule ; therefore , there are no antici ted costs or savings.
COMPLIANCE COSTS Because the provisions of th enforceable , affected person compliance with it. There are no associated with incorporating the rules

. AFFECTED PERSONS : rule are already federally

should already be in dditional compliance costs w standards into the DAQ

COMMENTS BY THE DEPART NT HEAD ON THE FISCAL IMPACT THE RULE MAY H )IE ON BUSINESSES: Because the provisions of this rule are already federally enforceable , businesses should alrea y be in compliance with it DAQ anticipates no fiscal im act associated with incorporating the new standards into the AQ rules.
THE FULL TEXT OF THIS RULE MA BE INSPECTED , DURING REGULAR BUSINESS HOURS, T: ENVIRONMENTAL QUALITY AIR QUALITY FOURTH FLOOR 195 N 1950 W SALT LAKE CITY, UT 84116-3085 or at the Division ofAdministrative Rul s

.

UTAH STATE BULLETIN, June 01,2013, Vol. 2013, No. II



### H-3DAQ-059-13



### MEMORANDUM

TO: Air Quality Board


### THROUGH: Bryce C. Bird, Executive Secretary


### FROM: Mark Berger, Environmental Planning Consultant


### DATE: July 17, 2013


### SUBJECT: FINAL ADOPTION: R307-l01-3. General Requirements: Version ofCode ofFederal Regulations Incorporated by Reference.

On May l , 2013 , the Board proposed R307-l0l-3 for public comment. No comments were received and
no hearing was requested.
R307-l0l-3 incorporates by reference the version ofthe Code ofFederal Regulations (CFR) used in many ofthe rules adopted by the Air Quality Board. This allows rules that reference the CFR version as incorporated in R307-l01-3 to update the incorporation date with only one rule amendment. The version ofthe CFR for environmental regulations has been updated from July l , 2011 , to July l , 2012 ; therefore, it is necessary to amend R307-l01-3

. Attached is a list ofchanges to 40 CFR from July 1, 2011 , to June 30, 2012, that affect rules that reference R307-101-3

. StaffRecommendation: Staffrecommends the Board adopt R307-101-3 as proposed

.



### H-4

### 1 

### R307. Environmental Quality, Air Quality. 2 R307-101
. General Requirements. 3 

### R307-101-3. Version of Code of Federal Regulations Incorporated by 4 Reference. 5 Except as specifically identified in an individual rule , the 

### 6 version of the Code of Federal Regulations (CFR) incorporated 7 throughout R307 is dated July 1 , 2012

. 8 

### 9 KEY: air pollution, definitions 10 Date of Enactment or Last Substantive Amendment: November 8, 2012 11 

### Notice of Continuation : July 2, 2009 12 Authorizing, and Implemented or Interpreted Law: 19-2-104(1) (a)



### H-5

# Effective Rule

# )

R307-101-3 DAR No. 37582, AMD Effective: August 8, 2013

## ...

# )**~** - 

# . \

_ -



# )

·,

_

_ ,.... R307. Environmental Quality, Air Quality. R307-101. General Requirements. R307-101-3. Version of Code of Federal Regulations Incorporated by Reference. Except as specifically identified in an individual rule, the version of the Code of Federal Regulations (CFR) incorporated throughout R307 is dated July I, 2012

. KEY: air pollution, definitions Date of Enactment or Last Substantive Amendment: August 8, 2013 Notice ofContinuation: July 2, 2009 Authorizing, and Implemented or Interpreted Law: 19-2

- 104(l)(a)
!-dar

## I I I i 

## INOTICES OF RULE EFFECfiVE DATES

No

. 37743 (AMD) : R277-602. Special Needs ScholarshipsFunding and Procedures Published : 07/01/2013 Effective: 08/07/2013
No

. 37744 (REP) : R277-606

. Grants to Purchase or Retrofit Clean School Buses Published : 07/01/2013 Effective : 08/07/2013
No

. 37745 (AMD) : R277-617

. Smart School Technology Program Published : 07/01/2013 Effective: 08/07/2013
No

. 37746 (NEW) : R277-619. Student Leadership Skills Development Published : 07/01/2013 Effective : 08/07/2013

...-_ Environmental Quality Air Quality No

. 37582 (AMD) : R307-101-3. Version of Code of Federal Regulations Incorporated by Reference Published : 06/01/2013 Effective : 08/08/2013**~** Administration No

. 37679 (AMD) : R380-250

. HIPAA Privacy Rule Implementation Published : 07/01/2013 Effective : 08/07/2013 Health Care Financing , Coverage and Reimbursement Policy No

. 37715 (AMD) : R414-1-5

. Incorporations by Reference Published : 07/01/2013 Effective: 08/07/2013
No. 37696 (AMD) : R414-51

. Dental, Orthodontia Published : 07/01/2013 Effective : 08/14(.!013

Natural Resources Wildlife Resources No. 37716 (NEW) : R657-65

. Urban Deer Control Published : 07/01/2013 Effective : 08/08/2013

Public Safety Driver License No

. 37717 (AMD) : R708-21

. Third-Party Testing Published : 07/01/2013 Effective : 08/08/2013
No. 37718 (R&R): R708-45. Renewal or Duplicate License for a Utah Resident Temporarily Residing Out of State Published : 07/01/2013 Effective : 08/08/2013

End of the Notices of Rule Effective Dates Section

62 UTAHSTATE BULLETIN, September 01 , 2013 , Vol. 2013, No

. 17

# Certification

### I, Mark W. Berger, Rules Coordinator for the Utah Division ofAir Quality, do hereby certify that the public comment periods held to receive comments regarding R307-101-3 (DAR #37582)
was held 

### in accordance with the information provided in the published public notices and as defined in Utah Code 19-2-109. The changes regarding R307-101-3 were adopted by the Air Qualitiy Board on August 7, 2013. Signed this

# ___lj

· day ofNovember 2013. 

# 4?---