## State ofUtah

GARY R. HERBERT Governor

GREG BELL Lieutenant Governor 

# Office ofthe Governor

Carl Daly, Director Air and Radiation Program US EPA Region 8 1595 Wynkoop Street Denver, Colorado 80202-1129

Dear Mr. Daly: February 2, 2012

Enclosed for your approval are revisions to R307-328, 

## Gasoline Transfer andStorage, and R307-342, 

## Qualification o_[Contractors and TestProcedures for Vapor RecoverySystems for Gasoline Delivery Tanks, as adopted by the Utah Air Quality Board on April 6, 2011.

The amendment to R307-328 eliminated the Decemberto March testing windowand replaces the previous testing and vapor tightness standards located in R307-342 withthe more stringent standards inthe federal Maximum Achievable Control Technology (MACT) for Gasoline Distribution Facilities. As a result, the Utah Air Quality Boardhas repealed R307-342.

Attached, please find the repealed R307-342 and the amended sections ofR307-328 that pertainto provision required bythe Utah State Implementation Plan.

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. If

## you have questions about this request, please call Bryce Bird, Director ofthe Utah Division of Air Quality, at (801) 536-4064.

Enclosures Sincerely,

# ~rubtu...,..._r Gary R. Herbert Governor

Utah State Capitol, Suite 200 • P.O. Box 142220 • SaltLake City, Utah 84114-2220 • Telephone (801) 538-1000

## State ofUtah

GARY R. HERBERT Governor

GREG BELL Lieutenant Governor



### February 7, 2012 

## Department of Environmental Quality

Amanda Smith ExecutiveDirector

DIVISION OF AIR QUALITY BryceC. Bird

Director



### James B. Martin, Regional Administrator Airand Radiation Program US EPA Region 8 1595 Wynkoop Street Denver, Colorado 80202-1129

Dear 

### Mr. Martin: DAQ-013-12

Enclosedpleasefind foryourreview, onehard copy andoneelectronic copy ofthe administrative documentation 

### insupportofGovernorHerbert'sFebruary2, 2012, submittal ofrevisionstoR307-328, 

## Gasoline TransferandStorage, andR307-342, 

## Qualification of Contractors andTestProcedures for VaporRecoverySystemsfor GasolineDelivery Tanks.

If

### you have questions,youcanreachme at (801) 536-4064. I lookforwardtoworking withyouandyour stafftowardapproval orthis submittal. 

# kl 1

# .\ttt. K 

# l-z,,,l

Sincerely,

# -4~~~ Bryce C. Bird Director

BCB:MB:my

Enclosures

195 North 1950West • Salt Lake City,Utah MailingAddress: P.0 Box 144820 •SaltLakeCity,Utah 84114-4820 Telephone(801) 536-4000 •Fax(801)5364099•T.D.D. (801) 536-4414

WWWdeq.11tahgov Printedon 100%recycledpaper

## StateofUtah

GARY R. HERBERT Governor
GREG BELL Lieutenaru Governor 

# Office ofthe Governor

Carl Daly, Director Air and Radiation Program US EPA Region 8 1595 Wynkoop Street Denver, Colorado 80202-1129

DearMr. Daly: February2, 2012

Enclosed for yourapproval are revisions to R307-328, Gasoline Transfer andStorage, and R307-342, Qualification o/ContractorsandTestProcedures for VaporRecoverySystems for GasolineDelivery Tanks, as adoptedbythe UtahAir QualityBoard onApril 6, 2011.

The amendmentto R307-328 eliminatedthe Decemberto Marchtesting window and replaces theprevioustesting andvaportightness standards located in R307-342 withthe more stringent standardsinthe federal MaximumAchievable Control Technology (MACT) for Gasoline Distribution Facilities. As a result, the UtahAir Quality Boardhasrepealed R307-342.

Attached, pleasefind the repealedR307-342 andthe amended sectionsofR307-328that pertaintoprovisionrequiredbythe Utah State ImplementationPlan.

TheUtah DivisionofAir Qualityis submitting supportingdocumentation in both electronic andhard copy formats. Theelectronic andhard copy documents are exactduplicates. 

## Ifyouhave questions aboutthisrequest, please call Bryce Bird, Directorofthe UtahDivision of Air Quality, at (801) 536-4064.

Enclosures Sincerely,

# ~flfklA~f Gary R. Herbert Governor

Utah StateCapitol, Suite200 •P.O. Box 142220•SaltLakeCity,Utah 84114-2220 •Telephone (801) 538-1000

# ·.(...



# UTAH

AdministrativeDocumentation

R307-328 andR307-342

StateofUtah DepartmentofEnvironmental Quality Division ofAir Quality 195 N. 1950 West P.O. Box 144820 SaltLakeCity, Utah 84114-4820 801-536-4000


# February 13, 2012

# UTAH

ADMINISTRATIVE DOCUMENTATION

# February2012

### Legal Authority 

## R307-204



# ADMINISTRATIVE DOCUMENTATION Table ofContents

Utah Code Title 19, Chapter 2, Air ConservationAct

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

### C-1 Utah Code Title 63G, Chapter 3, AdministrativeRulemakingAct

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

### C-16 UtahAdministrative Code, RI5, AdministrativeRules

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

### C-26

Proposed for Public Comment 

### Text ofR307-328

........................................................................................................................P-1 Text ofR307-342

........................................................................................................................P-7 R307-328: DARBulletin (Feb 1, 2011) Rule Analysis Form, DAR#34349)

...............................................P-12 R307-342: DARBulletin (Feb 1, 2011) Rule Analysis Form, DAR#34348)

..............................................P-17

Public Hearing/Comments 

### Hearing Statement

.......................................................................................................................H-1 Summary ofPublic Comments

.......................................................................................................................H-2

Effective Rule 

### Final Text ofR307-328

........................................................................................................................E-1 R307-328: DARBulletin (June 15, 2011)Effective Date Notice

.....................................................................E-5 R307-342: DARBulletin (May 1, 2011) Effective Date Notice

.......................................................................E---{)

Certification

# Codes

# Air Conservation Act

Utah Code

-- Title 19

-- Chapter 02 (May 28, 2009)

19-2-101. Short title

-- Policy ofstate and purpose ofchapter

-- Support oflocal and regional programs

-- Provision ofcoordinated statewide program

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

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

-- Appointment

-- Terms

-- Organization

-- Per diem and expenses

.............................3 19-2-104. Powers ofboard

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

### 19-2-105. Duties ofboard

............................................................................................................................................5 19-2-105.3. Clean fuel requirements for fleets

............................................................................................................5 19-2-106. Rulemaking authority and procedure

..........................................................................................................6 19-2-107. Executive secretary--Appointment-- Powers

...........................................................................................6 19-2-108. Notice ofconstruction ormodification ofinstallations required

-- Authority ofexecutive secretary to prohibit construction

-- Hearings

-- Limitations on authority ofboard

-- Inspections authorized

.................................7 19-2-109. Air quality standards

-- Hearings on adoption

-- Orders ofexecutive secretary

-- Adoption ofemission control requirements

......................................................................................................................................................7 19-2-109.1. Operating permitrequired

-- Emissions fee

-- Implementation

...............................................................7 19-2-109.2. Small business assistance program

..........................................................................................................9 19-2-109.3. Public access to information

....................................................................................................................9 19-2-109.5. Private sector air quality permitting professionals certification program

.................................................9 19-2-110. Violations

-- Notice to violator

-- Corrective action orders

-- Conference, conciliation, and persuasion by board

-- Hearings

.........................................................................................................................................................10 19-2-112. Generalized condition ofair pollution creating emergency

-- Sources causing imminent dangerto health

-- Powers ofexecutive director

-- Declaration ofemergency

......................................................................................10 19-2-113. Variances

-- Judicial review

...................................................................................................................... 10 19-2-114. Activities not in violation ofchapter orrules

............................................................................................11 19-2-115. Violations

-- Penalties

-- Reimbursement for expenses

............................................................................11 19-2-116. Injunction orotherremedies to preventviolations

-- Civil actions not abridged

...................................... 12 19-2-117. Attorney general as legal advisorto board

-- Duties ofattorney general and county attorneys

................12 19-2-118. Violation ofinjunction evidence ofcontempt.

.......................................................................................... 13 19-2-119. Civil orcriminal remedies not excluded

-- Actionable rights under chapter

-- No liability for acts ofGod

orother catastrophes

....................................................................................................................................................13 19-2-120. Information required ofowners oroperators ofair contaminant sources

.................................................13 19-2-121. Ordinances ofpolitical subdivisions authorized

........................................................................................13 19-2-122. Cooperative agreements between political subdivisions and department.

................................................ 13 19-2-123. Tax reliefto encourage investment in facilities

-- Sales and use tax exemption

....................................... 13 19-2-124. Application for certification ofpollution control facility

-- Refunds

-- Interest.

...................................... 13 19-2-125. Action on application for certification

...................................................................................................... 14 19-2-126. Revocation ofcertification

-- Grounds

-- Procedure

.................................................................................14 19-2-127. Rules for administering certification for tax relief

....................................................................................15



### C-1

## Title 19. Environmental Quality Code Chapter2. Air Conservation Act

19-2-101. Short title

-- Policy ofstate and purpose ofchapter

-- Support oflocal and regional programs -- Provision of coordinated statewide program. (1) This chapteris known as the "Air Conservation Act." (2) Itis the policy ofthis state and the purpose of this chapterto achieve andmaintain levels ofair 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 developmentofthis state, and facilitate the enjoyment ofthe natural attractions ofthis state. (3) Local and regional air pollution control programs shall be supported to the extentpracticable as essential instruments to secure and maintain appropriate levels ofair quality. (4) The purpose ofthis chapter is to: (a) provide for acoordinated statewide program ofairpollutionprevention, abatement, and control; (b) provide for an appropriate distribution of responsibilities among the state and local units of government; (c) facilitate cooperation acrossjurisdictional lines in dealing with problems ofair pollution not confined within singlejurisdictions; and (d) provide a framework within which air quality may be protected and consideration given to the public interest at all levels ofplanning and development within the
state.



### 19-2-102. Definitions.
As used in this chapter: (1) "Aircontaminant" 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 ownedor operated. (3) "Airpollution" means the presence in the ambient air ofone or more air contaminants in the quantities and duration and under conditions and circumstances as is ortends to be injurious to human health

or welfare, animal orplant life, orproperty, or would unreasonably interfere with the enjoymentoflife oruse of property, as determined by the rules adopted by the board. (4) "Ambient air" meansthe surrounding or outside air. (5) "Asbestos" means the asbestiform varieties ofserpentine (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, anthophyllite, and actinolitetremolite. (6) "Asbestos-containingmaterial" means any material containing more than 1 % asbestos, as determined



# ·. using the method adopted in 40 CFRPart 61, Subpart M, National Emission Standard for Asbestos. (7) "Asbestos inspection" means an activity undertaken to determine the presence orlocation, orto

assessthe condition of, asbestos-containing material or suspected asbestos-containing material, whetherby visual

orphysical examination, orby taking samples ofthe 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 orthe Water Quality Board. (9) "Clean school bus" has the same meaning as defined in 42 U.S.C. Sec. 16091. (I0) "Executive secretary" means the executive secretary ofthe board. (11) (a) "Facility" means machinery, equipment, structures, or any part oraccessories ofthem, installed or acquired for the primary purpose ofcontrolling or disposing ofair pollution. (b) "Facility" does not include an air conditioner, fan, orother similar facility for the comfort ofpersonnel. (12) "Friable asbestos-containing material"

means any material containing more than 1% asbestos, as determined using the method adopted in 40 CFRPart 61, Subpart M, National Emission Standard for Asbestos, that hand pressure can crumble, pulverize, orreduce to powder when dry.(13) "Indirect source" means a facility, building, structure, or installation which attracts or may attract mobile source activity that results in emissions ofa pollutant for whichthere is anational standard. (14) (a) "Pollution control facility" or "facility"
means, as used in Sections 19-2-123 through 19-2-126, any land, structure, building, installation, excavation, machinery, equipment, or device, orany additionto, reconstruction, replacement or improvementof, land oran 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 ofairor water pollutionby: (i) the disposal or elimination oforredesign to eliminate waste and the use oftreatmentworks for industrial waste as defined in Title 19, Chapter 5, Water Quality Act; or (ii) the disposal, elimination, orreduction ofor redesignto eliminate orreduce air contaminants or air pollution orair contamination sources andthe use ofair cleaning devices. (b) "Pollution control facility" or "facility" does
not include air conditioners, septic tanks, orotherfacilities for human waste, nor any property installed, constructed, or used for the moving ofsewage to the collection facilities of

a public orquasi-public sewerage system.



## C-2

### 19-2-103. Members ofboard

-- Appointment

-- Terms

-- Organization

-- Per diem and expenses. (1) The board comprises 11 members, one of whom shall be the executive director and 10 ofwhom shall be appointed by the governor withthe consent ofthe Senate. (2) The members shall be knowledgeable ofair pollution matters and shall be: (a) a practicingphysician and surgeon licensed in the state not connected with industry; (b) a registered professional engineer who is not from industry; (c) a representative from municipal government; (d) a representative from county government; (e) a representative from agriculture; (f) a representative from the mining industry; (g) a representative from manufacturing; (h) a representative from the fuel industry; and (i) two representatives ofthe public not representing or connected with industry, at least one of whom represents organized environmental interests. (3) No more than five ofthe appointed members shall belong to the same political party. (4) The majority ofthe members may not derive any significantportion oftheir income from persons subject
to permits ororders underthis chapter. Any potential conflictofinterest ofany memberorthe executive secretary, relevant to the interests ofthe board, shall be adequately disclosed. (5) Members serving onthe AirConservation Committee created by Laws ofUtah 1981, Chapter 126, as amended, shall serve as members ofthe board throughout the terms for which they were appointed. (6) (a) Except as required by Subsection (6)(b), members shall be appointed for aterm offour years. (b) Notwithstanding the requirements of Subsection (6)(a), the governor shall, atthe time of appointment orreappointment, adjust the length ofterms to

ensure that the terms ofboard members are staggered so that approximately halfofthe board is appointed every two years. (7) A member may serve more than one term. (8) A member shall hold office until the expiration ofthe member's term and until the member's

successor is appointed, butnot more than 90 days afterthe expiration ofthe member's term. (9) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term. (10) The board shall elect annually a chair and a vice chair from its members. (11) (a) The board shall meet at least quarterly, and special meetings may be called by the chair upon his

own initiative, upon the request ofthe executive secretary,

or upon the request ofthree members ofthe board. (b) Three days' notice shall be given to each memberofthe board priorto any meeting. (12) Six members constitute a quorum at any meeting, and the action ofa majority ofmemberspresent is the action ofthe board. (13) (a) (i) A member who is not a government employee shall receive no compensation orbenefits for the member's services, butmay receive per diem and expenses incurred in the performance ofthe member's official duties
atthe rates establishedby the Division ofFinance under Sections 63A-3-106 and 63A-3-107. (ii) A membermay decline to receive per diem and expenses for the member's service. (b) (i) A state government officer and employee member who does notreceive salary, perdiem, or expenses from the agency the member represents for the member's service may receive per diem and expenses incurred in the performance ofthe member's official duties from the board
at the rates establishedby the Division ofFinance under Sections 63A-3-106 and 63A-3-107. (ii) A state government officer and employee member may decline to receive per diem and expenses for the member's service. (c) (i) A local government member who does not receive salary, per diem, orexpenses from the entity that the memberrepresents for the member's service may receive per diem and expenses incurred in the performance ofthe member's official duties atthe rates established by the Division ofFinance under Sections 63A-3-106 and 63A-3-107. (ii) A local government membermay decline to receive per diem and expenses for the member's service.



### 19-2-104. Powers ofboard. (1) The board may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act: (a) regarding the control, abatement, and prevention ofairpollution from all sources andthe establishment ofthe maximum quantity ofair contaminants that may be emittedby any air contaminant source; (b) establishing air quality standards; (c) requiring persons engaged in operations which result in airpollutionto: (i) install, maintain, and use emission monitoring devices, as the board finds necessary; (ii) file periodic reports containing information relating to the rate, period ofemission, and composition of the air contaminant; and (iii) provide access to records relating to emissions which cause orcontribute to air pollution; (d) implementing 15 U.S.C.A. 2601 et seq. Toxic Substances Control Act, SubchapterII

- Asbestos HazardEmergency Response, and reviewing and approving asbestos managementplans submittedby local education agencies underthat act; (e) establishing a requirement for a diesel emission opacity inspection and maintenance program for diesel-powered motor vehicles; (f) implementing an operating permitprogram as required by and in conformity with Titles IV and V ofthe federal Clean Air Act Amendments of 1990; (g) establishing requirements for county emissions inspection and maintenance programs after obtaining agreement from the counties that would be affected by the requirements;



## C-3(h) with the approval ofthe governor, implementing in air quality nonattainment areas employerbased trip reduction programs applicable to businesses having more than 100 employees at a single location and applicable to federal, state, and local governmentsto the
extent necessary to attain and maintain ambient air quality standards consistent with the state implementationplan and federal requirements underthe standards setforth in Subsection (2); and (i) implementing lead-based paintremediation training, certification, and performance requirements in accordance with 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act, SubchapterIV

-- Lead Exposure Reduction, Sections 402 and 406. (2) When implementing Subsection (l)(h)the board shall take into consideration: (a) the impact ofthe business onoverall air quality; and (b) the need ofthe business to use automobiles in orderto carry out its business purposes. (3) The board may: (a) (i) hold a hearing thatis not an adjudicative proceeding relating to any aspectoformatter in the administration ofthis chapterand compelthe attendance of witnesses andthe production ofdocuments and other evidence, administer oaths andtake testimony, andreceive evidence as necessary; (ii) receive a proposed dispositive action from an administrative lawjudge as provided by Section 19-1-301; and (iii) (A) approve, approve with modifications, or disapprove a proposed dispositive action; or (B) return the proposed dispositive action to the administrative lawjudgefor further action as directed; (b) issue orders necessary to enforcethe provisions ofthis chapter, enforce the orders by appropriate administrative andjudicialproceedings, and institute judicial proceedings to secure compliance with this chapter; (c) settle orcompromise any civil action initiated
to compel compliance withthis chapter andthe rules made underthis chapter; (d) secure necessary scientific, technical, administrative, and operational services, including laboratory facilities, by contract orotherwise; (e) prepare and develop a comprehensive plan or plans for the prevention, abatement, and control ofair pollution in this state; (f) encourage voluntary cooperationby persons and affected groups to achieve the purposes ofthis chapter; (g) encourage local units ofgovernmentto handle airpollution within their respectivejurisdictionson

a cooperative basis and provide technical and consultative assistance to them; (h) encourage and conduct studies, investigations, and research relating to air contamination and air pollution and their causes, effects, prevention, abatement, and control; (i) determine by means offield studies and sampling the degree ofair contamination and air pollution in all parts ofthe state; (j) monitorthe effects ofthe emission ofair contaminants from motor vehicles onthe quality ofthe outdoor atmosphere in all parts ofthis state and take appropriate action withrespectto them; (k) collect and disseminate information and conducteducational and training programs relating to air contamination and airpollution; (I) advise, consult, contract, and cooperate with other agencies ofthe state, local governments, industries, other states, interstate or interlocal agencies, the federal government, and with interestedpersons orgroups; (m) consult, upon request, with any person proposing to construct, install, orotherwise acquire an air contaminant source in the state concerningthe efficacy of any proposed control device, or system forthis source, or the air pollution problem whichmay be relatedto the
source, device, or system, but a consultation does not relieve any person from compliance with this chapter, the rules adopted under it, orany otherprovision oflaw; (n) accept, receive, and administer grants or otherfunds orgifts from public and private agencies, including the federal government, for the purpose of carrying outany ofthe functions ofthis chapter; (o) require the owner and operator ofeach new

source which directly emits orhasthe potential to emit 100
tons per yearormore ofany air contaminant orthe owner

oroperatorofeachexisting source whichby modification will increase emissions orhave the potential ofincreasing emissions by 100 tonsperyearormore ofany air contaminant, to pay a fee sufficient to coverthe reasonable
costs of: (i) reviewing and acting upon the notice required under Section 19-2-108; and (ii) implementing and enforcingrequirements placed onthe sourcesby any approval order issued pursuantto notice, notincluding any court costs associated with any enforcement action; (p) assess and collect noncompliance penalties as required in Section 120 ofthe federal Clean AirAct, 42 U.S.C. Sec. 7420; (q) meet the requirements offederal air pollution laws; (r) establish work practice, certification, and clearance air sampling requirements for personswho: (i) contract for hire to conduct demolition, renovation, salvage, encapsulation work involving friable asbestos-containing materials, or asbestos inspections; (ii) conduct work described in Subsection (3)(r)(i) in areas to which the general public has unrestrained access orin schoolbuildingsthat are subject
to the federal Asbestos HazardEmergency Response Actof 1986; (iii) conduct asbestos inspections in facilities subjectto 15 U.S.C.A. 2601 et seq., Toxic Substances ControlAct, Subchapter II

- Asbestos HazardEmergency Response; or (iv) conduct lead paint inspections in facilities subjectto 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act, Subchapter IV

-- Lead Exposure Reduction; (s) 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, abatementproject designers,



## C-4asbestos abatement contractors and supervisors, or asbestos abatement workers; (t) establish certification requirements for asbestos projectmonitors, which shall provide for experience-based certification ofpersons who, prior to establishment ofthe certificationrequirements, had received relevant asbestos training, as defined by rule, and had acquired at least 1,000 hours ofexperience as project monitors; (u) establish certification procedures and requirements for certification ofthe conversion ofamotor vehicle to a clean-fuel vehicle, certifying the vehicle is eligible for the tax credit granted in Section59-7-605 or 59- 10-1009; (v) establish a program to certify private sector air quality permitting professionals (AQPP), as described in Section 19-2-109.5; (w) 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, orabatement workers; and (x) 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 offederal laws, ifany, relating
to control ofmotor vehicles or motor vehicle emissions. (5) Nothing in this chapter authorizes the board
to require installation oforpayment for any monitoring equipmentby the owneroroperator ofa source ifthe

owneroroperatorhas installed or is operating monitoring equipmentthat is equivalentto equipment whichthe board would require under this section.



### 19-2-105. Duties ofboard.
The board, in conjunction with the governing body ofeach county identified in Section 4l-6a-l643 and other interested parties, shall perform an evaluation ofthe inspection and maintenance program developed under Section 4l-6a- l643 including issues relating to: (l) the implementation ofa standardized inspection and maintenance program; (2) out-of-state registration ofvehicles used in Utah; (3) out-of-county registration ofvehicles 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 (7) emissions waivers.



### 19-2-105.3. Clean fuel requirements for fleets. (l) As used in this section: (a) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990. (b} "Clean fuel" means: (i) propane, compressed natural gas, or electricity; (ii) otherfuel the Air Quality Board created in Title 19, Chapter 2, Air Conservation Act, determines annually on orbefore July l is at least as effective as fuels under Subsection (l)(b)(i) in reducing air pollution; and (iii) other fuel that meets the clean fuel vehicle standards in the 1990 Clean Air Act. (c) "Fleet" means 10 or more vehicles: (i) owned oroperated by a single entity as defined by board rule; and (ii) capable ofbeing fueled orthat are fueled at a central location. (d) "Fleet" does not include motor vehicles that

are: (i) held for lease orrental to the general public; (ii) held for sale or used as demonstration vehicles by motor vehicle dealers; (iii) used by motor vehicle manufacturers for product evaluations ortests; (iv) authorized emergency vehicles as defined in Section4l-6a-102; (v) registered under Title 41, Chapter la, Part 2, Registration, as farm vehicles; (vi) special mobile equipment as defined in Section 41-1a-102; (vii) heavy duty trucks with a gross vehicle weightrating ofmore than 26,000 pounds; (viii) regularly used by employeesto drive to and from work, parked atthe employees' personal residences when they are not at theiremployment, and not practicably fueled at a central location; (ix) owned, operated, orleased by public transit districts; or (x) exempted by board rule. (2) (a) After evaluation ofreasonably available pollution control strategies, and as partofthe state implementationplan demonstrating attainment ofthe national ambient air quality standards, the board may by rule, subjectto Subsection (2)(c), require fleets in specified 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 areawhere they are required; and (ii) reasonably cost effective when compared to other similarly beneficial control strategies for demonstrating attainment ofthe national ambientair quality standards. (b) State implementationplans developed prior
to July l, 1995, may require fleets to use clean fuels no earlierthan July l, 1995, unless the board determines fleet

use ofclean fuels is necessary priorto July l, 1995, to demonstrate attainmentofthe national ambient air quality standards in any area by an attainment date establishedby federal law. (c) The board may notrequire more than 50% of those trucks in a fleet that are heavy duty trucks having a gross vehicle weightrating ofmore than 8,500 pounds and
not more than 26,000 pounds to convert to clean fuels under Subsection (2)(b).



# C-5(3) (a) After evaluationofreasonably available pollution control strategies, and as partofa state implementationplan demonstrating only maintenance of the national ambient air quality standards, the board may by rule, subjectto 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 areawhere they are required; and (ii) reasonably costeffective 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%ofa fleet to use clean fuels before January 1, 1999; and (iii) 70%ofa fleet to use clean fuels before January 1, 2000. (c) The board may not require more than 50%of those trucks in afleet 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 (3)(b). (4) Rules the board makes underthis section may include: (a) dates by which fleets are requiredto convert to clean fuels underthe provisions ofthis section; (b) definitions offleet owners oroperators; (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 63J-l-504. (5) Implementation ofthis section and rules made underthis section are subjectto 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 underthe 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 ifitmakes a written finding afterpublic comment and hearing andbased on evidence in the record, that corresponding federal regulations are not adequate to protectpublic health andthe environment ofthe state. Those findings shall be accompanied by an opinionreferring 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. Executive secretary

-- Appointment

-- Powers. (1) The executive secretary shall be appointed by the executive director, with the approval ofthe board, and shall serve under the administrative direction ofthe executive director. (2) The executive secretary may: (a) develop programs for theprevention, control, and abatement ofnew or existing air pollutionresources of the state; (b) advise, consult, and cooperate with other agencies ofthe state, the federal government, other states and interstate agencies, and with affected groups, political subdivisions, and industries in furtherance ofthe purposes ofthis chapter; (c) employ full-time employees necessary to carry outthis chapter; (d) as authorized by the board, subjectto the provisions ofthis chapter, authorize any employee or representative ofthe departmentto enter at reasonable time and upon reasonable notice in or upon public orprivate property for the purposes ofinspecting and investigating conditions and plantrecords concerningpossible air pollution;(e) encourage, participate in, or conduct studies, investigations, research, and demonstrations relating to air pollution and causes ofit as advisable and necessary for the discharge ofduties assigned under this chapter, including the establishmentofinventories ofpollution sources; (f) collect and disseminate information relating
to air pollution andthe prevention, control, and abatement ofit; (g) as authorized by the board subjectto the provisions ofthis chapter, enforce rules through the issuance oforders, including: (i) prohibiting or abating discharges ofwastes affecting ambient air; (ii) requiring the construction ofnew contro1 facilities or any parts ofnew control facilities orthe modification, extension, or alteration ofexisting control facilities orany parts ofnew control facilities; or (iii) the adoption ofotherremedial measures to prevent, control, or abate airpollution; (h) reviewplans, specifications, orother data relative to pollution control systems or any part ofthe systems provided in this chapter; (i) as authorized by the board, subjectto the provisions ofthis chapter, exercise all incidental powers necessary to carry outthe purposes ofthis chapter, including certificationto any state or federal authorities for
tax purposes the fact ofconstruction, installation, or acquisition ofany facility, land, building, machinery, or equipment or any part ofthem, in conformity with this chapter; U) cooperate with any person in studies and research regarding airpollution, its control, abatement, and prevention; and



## C-6(k) represent the state with the specific

concurrence ofthe executive director in all matters pertaining to interstate air pollution, including interstate compacts and similar agreements.



### 19-2-108. Notice ofconstruction or modification ofinstallations required

-- Authority ofexecutive secretaryto prohibit construction

-- Hearings

-- Limitations on authority ofboard

-- Inspections authorized.
(1) The board shall require that notice be given to the executive secretary by any person planning to constructa new installation which will ormight reasonably be expected to be a

source or indirect source ofair pollution orto make modifications
to an existing installationwhich will ormight reasonably be expected to increase the amountoforchangethe characteror effect ofair contaminants discharged, so thatthe installation may be expected tobe a source or indirect source ofairpollution, orby any person planning to install an aircleaning device or other equipment intended to control emission ofair contaminants. (2) (a) (i) The executive secretary may require, as a condition precedent to the construction, modification, installation,

orestablishment ofthe aircontaminant source or indirect source, the submission ofplans, specifications, and other information as he finds necessary to determine whetherthe proposed construction, modification, installation, orestablishmentwill be in accord with applicable rules in force underthis chapter. (ii) Plan approval for an indirect source may be delegated by the executive secretary to a local authority when requested and upon assurance that the local authority has and will maintain sufficientexpertise to insure thatthe planned installation will meet the requirements established by law. (b) Ifwithin 90 days after the receipt ofplans, specifications, orother information required underthis subsection, the executive secretary determines that the proposed construction, installation, orestablishment or any part ofit will not be in accord with the requirements ofthis chapteror applicable rules orthat further time, not exceedingthree extensions of30 days each, is required by the board to adequately reviewthe plans, specifications, or otherinformation, he shall issue an order prohibiting the construction, installation, orestablishmentofthe air contaminant source or sources in whole or in part. (3) In addition to any otherremedies, any person aggrieved by the issuance ofan order either granting or denying a request for the construction ofa new installation, and priorto invoking any such otherremedies shall, upon request, in accordance with the rules ofthe board, be entitledto a hearing conducted by an administrative lawjudge as providedby Section 19-1-30I. Following the hearing and the receipt by the board of the proposed dispositive action from the administrative lawjudge, the board may affirm, modify, orwithdrawthe permit. (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 board to require the use ofmachinery, devices, orequipmentfrom a particular supplierorproduced by a particular manufacturer iftherequired performance standards may be met by machinery, devices, or equipment otherwise available. (6) (a) Any authorized officer, employee, or representative ofthe board may enter and inspectany property, premise, orplace on or atwhich an air contaminant source is located oris being constructed, modified, installed, orestablished
at any reasonable time for the purpose ofascertaining the state of compliance with this chapterand the rules adopted under it. (b) (i) A person may not refuse entry or access to any authorized representative ofthe board who requests entry for purposes ofinspection and who presents appropriate credentials. (ii) A person may not obstruct, hamper, or interfere with any inspection. (c) Ifrequested, the owner oroperatorofthe 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 ofexecutive secretary

-- Adoption ofemission control requirements. (1) (a) The board, in adopting standards of quality for ambient air, shall conductpublic hearings. (b) Notice ofany public hearing for the consideration, adoption, oramendment ofair quality standards shall specify the locations to which the proposed standards apply and the time, date, and place of the hearing. (c) The notice shall be: (i) (A) published at least twice in any newspaper ofgeneral circulation in the area affected; and (B) published, in accordance with Section 45-1- 10I, at least 20 days before the public hearing; and (ii) mailed at least 20 days before the public hearing to the chiefexecutive ofeachpolitical subdivision ofthe area affected and to otherpersons the executive secretary has reason to believe will be affected by the standards.(d) The adoption ofair quality standards or any modification or changesto air quality standards shall be by order ofthe executive secretary following formal action of the board withrespectto the standards. (e) The order shall be published: (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 itsjudgmentmay be necessary to prevent, abate, orcontrol air pollutionthat may be statewide ormay vary from areato area, taking into
account varying local conditions. (b) In adopting these requirements, the board shall give notice and conductpublic hearings in accordance with the requirements in Subsection (1).



### 19-2-109.1. Operating permit required

-- Emissions fee

-- Implementation. (I) 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 amendedin 1990. (c) "Operating permit" means apermit issued by the executive secretary to sources ofair pollution that meet the requirements ofTitles IV and V ofthe 1990 Clean Air Act.



## C-7(d) "Program" means the air pollution operating permit program established underthis section to comply with Title V ofthe 1990 Clean Air Act. (e) "Regulatedpollutant" 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 of air pollution required to have a permit under Title V ofthe 1990 Clean AirAct without having obtained an operating permit from the executive secretary underprocedures the board establishes by rule. (b) A person is notrequired to submit an operating permit application until the governor has submitted an operating permitprogram to the EPA. (c) Any operatingpermit issued underthis section may notbecome effective until the day afterthe EPA issues approval ofthe permitprogram orNovember 15, 1995, whichever occurs first. (3) (a) Operating permits issued under this section shall be for aperiod offive years unlessthe board makes a written finding, afterpublic comment and hearing, and based on substantial evidence in the record, that an operating permitterm ofless than five years is necessary to protect the public health and the environment ofthe state. (b) The executive secretary may issue, modify,

orrenew an operatingpermit only after providing public notice, an opportunity for public comment, and an opportunity for a public hearing. (c) The executive secretary shall, in conformity with the 1990 Clean Air Act and implementing federal regulations, revise the conditions ofissued operating permits to incorporate applicable federal regulations in conformity with Section 502(b)(9) ofthe 1990 Clean Air Act, ifthe remaining period ofthe permit is three or more years. (d) The executive secretary may terminate, modify, revoke, orreissue an operatingpermitfor cause. (4) (a) The board shall establish a proposed annual emissions fee that conforms with Title V ofthe 1990 Clean Air Act for eachton ofregulated pollutant, applicable to all sources requiredto obtain a permit. The emissions fee establishedunderthis section is in additionto fees assessed under Section 19-2-108 for issuance ofan approval order. (b) In establishing the fee the board shall comply with the provisions ofSection 63J-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 administerthe program and the small business assistance program established under Section 19-2-109.2. The board shall prepare an annual report ofthe emissions fees collected and the costs coveredby those fees underthis Subsection (4). (d) The fee shall be establisheduniformly for all

sources requiredto obtain an operating permit underthe program and for all regulated pollutants. (e) The fee may notbe assessed for emissions of any regulated pollutant ifthe emissions are already accounted for withinthe emissions ofanother regulated pollutant. (f) An emissions fee may notbe assessed for any amountofa regulated pollutant emittedby any source in

excess of4,000 tons peryearofthat regulated pollutant. (5) Emissions fees for the period: (a) ofJuly I, 1992, through June 30, 1993, shall be based onthe most recent emissions inventory prepared by the executive secretary; and (b) on and afterJuly l, 1993, but prior to issuance ofan operating permit, shall be based on the most recentemissions inventory, unless a source electspriorto 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 pollutantunless a source elects, priorto the issuance orrenewal ofapermit, to base the fee during the period ofthe permiton allowable emissions for that regulated pollutant. (7) Ifthe owneroroperator ofa source subject to this section fails to timely pay an annual emissions fee, the executive secretary may: (a) impose apenalty ofnot more than 50%ofthe fee, in addition to the fee, plus interest onthe fee computed
at 12% annually; or (b) revoke the operatingpermit. (8) The owner oroperatorofa source subjectto this section may contest an emissions fee assessment or associated penalty in an adjudicative hearing underthe Title 63G, Chapter4, Administrative Procedures Act, and Section 19-1-301, as provided in this Subsection (8). (a) The owner or operator must pay the fee under protestpriorto being entitledto a hearing. Payment ofan emissions fee orpenalty under protest is not a waiver ofthe right to contest the fee orpenalty underthis section. (b) A request for ahearing underthis Subsection (8) shall be made after paymentofthe emissions fee and within six months afterthe emissions fee was due. (9) To reinstate an operatingpermitrevoked under Subsection (7) the owneroroperator shall pay all outstanding emissions fees, apenalty ofnot more than 50% ofall outstanding fees, and interest onthe outstanding emissions fees computed at 12%annually. (10) All emissions fees and penalties collected by the department underthis 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 executive secretary to act on any operatingpermit application orrenewal is a final administrative action only for the purpose ofobtaining judicialreviewby any ofthe following persons to require the executive secretary to take action onthe permit or its renewal without additional delay: (a) the applicant; (b) any personwho participated in the public
commentprocess; or (c) any otherperson who couldobtainjudicial review ofthat action under applicable law.



## C-8

### 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 createdthe Compliance Advisory Panel to advise and monitorthe program created in Subsection (1). The sevenpanel members are: (a) two members who are not owners or representatives ofowners ofsmall business stationary air pollution sources, selectedby the governorto representthe general public; (b) four members who are owners or who represent owners ofsmall business stationary sources selected by leadership ofthe UtahLegislature 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; and (c) one member selected by the executive director to represent the Division ofAir Quality, Department ofEnvironmental Quality. (3) (a) Except as required by Subsection (b), as terms ofcurrentpanel members expire, the department shall appoint each new member or reappointed memberto a four-year term. (b) Notwithstanding the requirements of Subsection (a), the department shall, atthe time of appointment orreappointment, adjust the length ofterms to

ensure that the terms ofpanel members are staggered so that approximately halfofthe panel is appointedevery two years. (4) Members may serve more than one term. (5) Members shall hold office until the expiration oftheirterms and until their successors are appointed, but not more than 90 days afterthe expiration of theirterms. (6) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term. (7) Every two years, the panel shall elect a chair from its members. (8) (a) The panel shall meet as necessary to carry out its duties. Meetings may be called by the chair, the executive secretary, orupon written request ofthree ofthe members ofthe panel. (b) Three days' notice shall be given to each member ofthe panel priorto a meeting. (9) Four members constitute a quorum at any meeting, and the actionofthe majority ofmembers present is the action ofthe panel. (10) (a) (i) Members who are not government employees shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance ofthe member's official duties at the rates established by the Division ofFinance under Sections 63A-3-106 and 63A-3-107. (ii) Members may decline to receive per diem and expenses for their service. (b) (i) State government officer and employee members who do notreceive salary, per diem, or expenses from their agency for their service may receive per diem and expenses incurred in the performance oftheirofficial duties from the panel atthe rates establishedby the Division ofFinance under Sections 63A-3-106 and 63A-3- 107. (ii) State government officer and employee members may decline to receive per diem and expenses for their service. (c) Legislators onthe committee shall receive compensation and expenses as providedby law and legislative rule.



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

A copy ofeachpermit application, compliance plan, emissions or compliance monitoring report, certification, andeach operating permit issued underthis chapter shall be made available to the public in accordance with Title 63G, 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 aprogram to certify private sectorAQPPs, including consultants and employees ofcompaniesthat may seek air quality permits from the division. Any program established underthis section shall include: (a) a training program established and operated by the department, which describes and explains the state law and rules regarding the air quality permit application and approval procedure underthis chapter; (b) the requirementto pass an exam to measure qualifications ofAQPP applicants; (c) an option for certification ofan AQPP by passing the exam without undergoing any training required under the program; (d) an application process, including a fee established under Section 631-1-504 that covers the costs of the training, testing, and application process and the department's maintenance ofa list ofcertified AQPPs; (e) certification ofqualified AQPP applicants; (t) maintenance by the department ofa current list ofcertified AQPPs, which is available to the public; (g) procedures for the expeditedreview by the departmentofair quality permit applications submittedby certified AQPPs; and (h) professional standards for AQPPs. (3) The board may not require AQPP certification as a condition ofpreparing or submitting a



## C-9notice ofintent or operatingpermit application underthis chapter. (4) Any program under this section shall provide for revocation ofany certification issued underthis section ifthe department determines, through an administrative hearing conducted under Title 63G, Chapter4, Administrative Procedures Act, and Section 19-1-301, that the AQPP: (a) knowingly or negligently submitted false information ordata as part ofan air quality permit application; (b) preparedmore than three air quality permit applications in one calendaryear in amannerthat each did
not substantially comply with department application requirements; or (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 board

-- Hearings. (1) (a) Whenever the executive secretary has

reason to believe that a violation ofany provision ofthis chapter or any rule issued under it has occurred, he may
serve written notice ofthe violation uponthe alleged violator. The notice shall specify the provision ofthis chapter orrule 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. (b) In lieu ofbeginning an adjudicative proceeding under Subsection (l)(a), the board may initiate

an action pursuant to Section 19-2-115. (2) Nothing in this chapterprevents the board 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.



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

-- Powers ofexecutive director

-- Declaration of emergency. (1) (a) Title 63G, Chapter4, Administrative Procedures Act, and any otherprovision oflawto the contrary notwithstanding, iftheexecutive director finds that a generalized condition ofair pollution exists and that it creates anemergency requiring immediate action to protect human health orsafety, the executive director, with the concurrence ofthe governor, shall orderpersons causing or contributing to the airpollutionto reduce or discontinue immediately the emission ofair contaminants. (b) The order shall fix aplace and time, not later than 24 hours after its issuance, for ahearing to be held before the governor. (c) Notmore than 24 hours afterthe
commencementofthis hearing, and without adjournment of it, the governor shall affirm, modify, or set aside the order ofthe executive director. (2) (a) In the absence ofa generalized condition ofairpollutionreferredto in Subsection (1), butifthe executive director finds that emissions from the operation ofone or more air contaminant sources is causing imminent dangerto human health or safety, the executive director may commence adjudicative proceedings under Section 63G-4-502. (b) Notwithstanding Section 19-1-301, the executive director may conductthe emergency adjudicative proceeding in place ofan administrative lawjudge. (3) Nothing in this section limits any powerthat the governor or any other officerhas to declare an emergency and act onthe basis ofthat declaration.



### 19-2-113. Variances

-- Judicial review. (1) (a) Any person who owns oris 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 grantthe requested variance following an announced public meeting, ifitfinds, after considering the endangermentto human health and safety and other relevant factors, that compliance withthe rules from which variance is sought would produce serious hardship without equal or greaterbenefits to the public. (2) A variance may not be granted under this sectionuntil the board has consideredthe relative interests ofthe applicant, other owners ofproperty likely to be affected by the discharges, and the general public. (3) Any variance orrenewal ofa variance shall be granted withinthe requirements ofSubsection (1) and for time periods and under conditions consistent withthe

reasons for it, and within the following limitations: (a) ifthe variance is grantedonthe grounds that there are no practicable means known oravailable for the adequate prevention, abatement, or control ofthe air pollution involved, it shall be only until the necessary

means for prevention, abatement, orcontrol become known and available, and subject to the taking ofany substitute or alternate measures that the board may prescribe; (b) (i) ifthe variance is granted onthe grounds that compliance with the requirements from which variance is sought will require thatmeasures, because oftheir extent

orcost, mustbe 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 (ii) a variance granted onthis ground shall contain atimetable forthe implementation ofremedial

measures in an expeditious manner and shall be conditioned on adherence to the timetable; or (c) ifthe variance is granted onthe ground that it is necessary to relieve orprevent hardship ofa kind other than thatprovided for in Subsection (a) or(b), it shall not be granted for more than one year.



## C-10(4) (a) Any variance granted underthis section may be renewed onterms and conditions and for periods that would be appropriate for initially granting a variance. (b) Ifa complaint is made to the boardbecause ofthe variance, a renewal may not be granted unless, following an announced public meeting, the board finds that renewal isjustified. (c) To receive a renewal, an applicant shall submit arequest 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 orrenewal is not a right ofthe applicant orholder but may be granted at the board's discretion. (b) A person aggrieved by the board's decision may obtainjudicial review. (c) Venue forjudicial reviewofinformal adjudicative proceedings is in the district court in which the air contaminant source is situated. (6) (a) The board may review any variance during the term for which it was granted. (b) The review procedure is the same as that for

an original application. (c) The variance may be revoked upon a finding that: (i) the nature or amount 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 be construedto prevent

or limitthe application ofthe emergency provisions and procedures ofSection 19-2-112 to any person orproperty.



### 19-2-114. Activities not in violation ofchapter or rules.
The following are not a violation ofthis chapter

orofany rules made under it: (1) burning incidentto horticultural or agricultural operations of: (a) prunings from trees, bushes, and plants; or (b) dead ordiseased 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 (7) A person who knowingly violates any requirement ofan applicable implementation plan adopted by the board, more than 30 days after having been notified in writing by the executive secretary that the person is violating the requirement, knowingly violates an order issued under Subsection 19-2-110(1)(a), or knowingly handles or disposes ofasbestos in violation ofa rule made under this chapter is guilty ofa third degree felony and subject to imprisonment under Section 76-3-203 and a fine ofnotmore than $25,000 per day ofviolation in the case of emissions from this heating do not violate minimum standards set by the board; and (4) the controlled burning ofnotmore than two structures peryear by an organized and operating fire department for the purpose oftraining fire service personnel whenthe United States Weather Service clearing index is above 500.



### 19-2-115. Violations

-- Penalties

-- Reimbursement for expenses. (1) As used in this section, the terms "knowingly," "willfully," and "criminalnegligence" shall

mean as defined in Section 76-2-103. (2) (a) A person who violates this chapter, orany rule, order, orpermit issued ormade underthis chapter is subject in a civil proceedingto a penalty not to exceed $10,000 per day for each violation. (b) Subsection (2)(a) also applies to rules made under the authority ofSection 19-2-104, for implementation of15 U.S.C.A. 2601 et seq., Toxic Substances Control Act, SubchapterII

- Asbestos Hazard Emergency Response. (c) Penalties assessed for violations described in 15 U.S.C.A. 2647, Toxic Substances Control Act, SubchapterII

- Asbestos HazardEmergency Response, may not exceed the amounts specified in that section and shall be used in accordance with that section. (3) A person is guilty ofa class A misdemeanor and is subjectto imprisonment under Section 76-3-204 and

a fine ofnotmore than $25,000per day ofviolation ifthat personknowingly violates any ofthe following underthis chapter: (a) an applicable standard or limitation; (b) a permit condition; or (c) a fee or filing requirement. (4) A person is guilty ofathird degree felony and is subjectto imprisonmentunder Section 76-3-203 and

a fine ofnot more than $25,000 per day ofviolation who knowingly: (a) makes any false material statement, representation, orcertification, in any notice orreport required by permit; or (b) renders inaccurate any monitoring device or methodrequired to be maintained by this chapter or applicable rules made under this chapter. (5) Any fine orpenalty 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. the first offense, and not more than $50,000 perday of violation in the case ofsubsequent offenses. (8) (a) As used in this section: (i) "Hazardous air pollutant" means any hazardous air pollutant listed under 42 U.S.C. 7412 or any extremely hazardous substance listed under 42 U.S.C. 11002(a)(2). (ii) "Organization" means a legal entity, other than a government, established ororganized for any purpose, and includes a corporation, company, association, firm, partnership,joint stock company, foundation,



### C-11institution, trust, society, union, or any other association of persons. (iii) "Serious bodily injury" means bodily injury which involves a substantial riskofdeath, unconsciousness,
extreme physical pain, protracted and obvious disfigurement, orprotracted loss or impairment ofthe function ofabodily member, organ, ormental faculty. (b) (i) Aperson is guilty ofa class A misdemeanor and subjectto imprisonment under Section 76-3-204 and afine ofnotmore than $25,000 per day of violation ifthatperson with criminal negligence: (A) releases into the ambient air any hazardous airpollutant; and (B) places another person in imminent danger of death orserious bodily injury. (ii) As used in this Subsection (8)(b), "person" does not include an employee who is carrying outthe employee's normal activities and who is not apart ofsenior management personnel or a corporate officer. (c) A person is guilty ofa second degree felony and is subjectto imprisonment under Section 76-3-203 and

a fine ofnotmore than $50,000 per day ofviolation ifthat person: (i) knowingly releases into the ambient air any hazardous airpollutant; and (ii) knows atthe time thatthe person is placing anotherperson in imminent danger ofdeath orserious bodily injury. (d) Ifaperson is an organization, it shall, upon conviction ofviolating Subsection (8)(c), be subject to a fine ofnotmore than $1,000,000. (e) (i) A defendant who is an individual is consideredto have acted knowingly under Subsections (8)(c) and (d), if: (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. (I) Action under Section 19-2-115 does not bar enforcement ofthis chapter, orany ofthe rules adopted under it or any orders made under it by injunction orother appropriate remedy. The boardhas the powerto institute and maintain in the name ofthe state any and all enforcementproceedings. (2) This chapter does not abridge, limit, impair, create, enlarge, or otherwise affect substantively or procedurally the right ofany person to damages or other reliefon account ofinjury to persons orproperty and to maintain any action or other appropriate proceeding for this purpose. (3) (a) In addition to any otherremedy created in this chapter, upon failure ofany person to comply with any provision ofthis chapterorany rule adopted under itorany final order made by the board, the executive secretary, or the executive director and when it appears necessary for the (A) the defendant's conductplaced another person in imminent danger ofdeath or serious bodily injury; and (B) the defendant was aware oforbelieved that there was an imminent danger ofdeath or serious bodily injury to another person. (ii) Knowledge possessedby a person otherthan the defendant may notbe attributed to the defendant. (iii) Circumstantial evidence may be usedto prove that the defendantpossessed actual knowledge, including evidence thatthe defendanttook affirmative steps to be shielded from receiving relevant information. (f) (i) It is an affirmative defense to prosecution underthis Subsection (8) thatthe conduct charged was freely consentedto by the person endangered andthatthe danger and conduct charged were reasonably foreseeable hazards of: (A) an occupation, abusiness, aprofession; or (B) medical treatment or medical or scientific experimentation conductedby professionally approved methods and the otherperson was aware ofthe risks involved priorto giving consent. (ii) The defendanthas the burden ofproofto establish any affirmative defense underthis Subsection (8)(f) andmustprove that defense by a preponderance of the evidence. (9) (a) Except as provided in Subsection (9)(b), and unless prohibited by federal law, all penalties assessed and'collectedunderthe authority ofthis section shall be deposited in the General Fund. (b) The departmentmay reimburse itselfand local governments from monies collected from civil penalties for extraordinary expenses incurred in environmental enforcement activities. protection ofhealth and welfare, the board may initiate through its executive secretary an action for appropriate injunctive relief. (b) The attorney general shall bring injunctive reliefactions on request. (c) A bond is not required.



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

-- Duties ofattorney general and county attorneys. (I) The attorney general is the legal advisorto the board and its executive secretary and shall defend them

orany ofthem in all actions orproceedingsbrought against them orany ofthem. (2) The county attorney in the county in which a
cause ofaction arises may, uponrequest ofthe board orits executive secretary, bring any action, civil or criminal, to abate a condition which exists in violation of, orto prosecute for the violation oforto enforce, this chapter or the standards, orders, orrules ofthe board orthe executive secretary issued underthis chapter. (3) The board or its executive secretary may bring any action and be represented by the attorney general. (4) Inthe event any person fails to comply with a

cease and desist order ofthe board or its executive secretary thatisnot subjectto a stay pending administrative

orjudicialreview, the boardmay, through its executive



## C-12secretary, initiate an action for, and is entitledto, injunctive reliefto prevent any further or continuedviolation ofthe order.



### 19-2-118. Violation ofinjunction evidence ofcontempt.

Failure to comply with the terms ofany injunction issued under this chapter is prima facie evidence ofcontemptwhich is punishable as for othercivil contempts.



### 19-2-119. Civil or criminal remedies not excluded

-- Actionable rights under chapter

-- No liability for acts ofGod or other catastrophes.
(1) Existing civil orcriminal remedies for any wrongful action which is a violation ofany part ofthe law

are not excluded by this chapter. (2) Persons otherthan the state orthe boarddo
not acquire actionable rights by virtue ofthis chapter. (3) The liabilities imposed for violation ofthis chapter are not imposed for any violation causedby an act ofGod, war, strike, riot, orothercatastrophe.



### 19-2-120. Information required of

owners or operators ofair contaminant

sources.
The owneroroperator ofany stationary air contaminant source in the state shall furnish to the board the reports required under Section 19-2-104 and any other information the board finds necessary to determine whetherthe source is in compliance with state and federal regulations and standards. The information shallbe correlated with applicable emission standards or limitations and shall be available to the public during normal business hours atthe office ofthe department.



### 19-2-121. Ordinances ofpolitical subdivisions authorized. Any political subdivision ofthe state may enact and enforce ordinancesto control air pollutionthat 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 otherpolitical subdivisions of the state orwith the department contracts and agreements

as they find proper for establishing, planning, operating, and financing air pollutionprograms. (2) The agreements may provide for an agency to: (a) supervise and operate an airpollution program; (b) prescribe, subjectto the approval ofthe board, the agency's powers and duties; and (c) fix the compensationofthe agency's members and employees.



### 19-2-123. Tax reliefto encourage investment in facilities

-- Sales and use tax exemption.
( 1) Itis in the public interest ofthe state to encourage, through tax relief, investmentin pollution control and pollution elimination facilities while atthe

sametime making and keeping the state an attractive location for continued industrial development, including the expansion ofexisting plants, thereby increasing employmentand payrolls and upgrading the natural

resources ofthe state. (2) All materials and equipmentpurchased, leased, orotherwise procured and services utilized for the constructionorinstallation in a pollutioncontrol facility are exemptfrom sales anduse taxes imposedby 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 ofpollution control facility

-- Refunds

-- Interest. (1) (a) A person who qualifies under Subsection (2) may apply to the board for certification ofa pollution control facility erected, constructed, or installed, orto be erected, constructed, or installed in the state. (b) The personmay file the application after: (i) a firm constructioncontracthas been entered;

or (ii) construction has commenced. (2) (a) (i) A person who applies under Subsection (1) shall be: (A) the ownerofa trade orbusinessthat uses property in the state requiring a pollution control facility to preventor minimize pollution; or (B) a personwho, as a lessee orpursuantto an agreement, conductsthe trade orbusiness thatoperates or

uses the property. (ii) Forpurposes ofthis Subsection (2), "owner" includes a contractpurchaser. (b) The facility shall be owned, operated, or leased during a part ofthe tax year in whichthe exemption is claimed. (c) A person who obtains certification for a pollution control facility may claim an exemption from sales anduse taxes as provided in Sections 19-2-123 and 59-12-104. (d) A person who pays a tax under Title 59, Chapter 12, Sales and Use Tax Act, on a purchase of tangible personal property or services used in the construction 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 certifiesthe pollution control facility; (B) the tangible personal property or services
meetthe requirements for exemptionprovided in



## C-13Subsections 19-2-123(2) and 59-12-104(11), except for the certificationrequirement; and (C) the person files aclaim for the refund with the State Tax Commission within the lesser of: (I) three years afterthe day on whichthe pollution control facility is certifiedunder 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 personalproperty or services
meetthe 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 whichthe person pays the tax under Title 59, Chapter 12, Sales and Use Tax Act. (e) (i) Ifaperson files a claim for arefundof
taxes under Subsection (2)(d)(i) paid on apurchase of tangible 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 afterthe day on which the board certifies the pollution control facility, interest shall

accrue to the amount ofthe refund granted by the State Tax Commission: (I) at the rate prescribed in Section 59-1-402; and (II) beginning on the day on which the person pays the tax under Title 59, Chapter 12, Sales and Use Tax Act, for which the person is claiming arefund; 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 ofthe refund grantedby the State Tax Commission: (I) atthe rate prescribed in Section 59-1-402; and (II) beginning 30 days afterthe day on whichthe person files the claim for a refund under Subsection (2)(d). (ii) Ifa person files a claim for arefund 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 atthe time ofthe purchase, interest shall accrue to the amount ofthe refund granted by the State Tax Commission: (A) atthe rate prescribed in Section 59-1-402; and (B) beginning 30 days afterthe day on which the person files a claim for a refund under Subsection (2)(d). (3) (a) Each application shall: (i) be in a format prescribed by the board; and (ii) contain: (A) a description ofthe facility and materials incorporated in the facility; (B) the machinery and equipment; (C) the existing orproposed operational procedure; and (D) a statement ofthe purpose ofpollution prevention, control, orreduction served orto be served by the facility. (b) The board may require any further information it finds necessary before issuance ofa certificate.



### 19-2-125. Action on application for certification. (1) (a) The board shall certify the facility if, after consulting with the State Tax Commission, the board finds that: (i) a pollution control facility or a part ofa pollution control facility, for which application is made under Section 19-2-124: (A) was oris to be erected, constructed, acquired, orinstalled; and (B) is designed and is being operated or will operate primarily to prevent, control, or reduce air orwater pollution; and (ii) the applicant qualifies under Section 19-2- 124. (b) lfone 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 Commissionto timely act constitutes automatic acceptance ofthe application and the board shall furnish a certificate to the applicant on demand.



### 19-2-126. Revocation ofcertification

-- Grounds

-- Procedure. (1) (a) The board, after consulting with the State Tax Commission, may revoke the certification issued under Section 19-2-125 ofany pollution control facility ifit finds thatthe: (i) certification was obtained by fraud orgross 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, orreduce airor water pollution as specified in the certificate. (b) A shutdown ofthe facility due to force majeure, including obsolescence, is not cause to revoke certification ofany facility. (2) (a) The board shall provide notice ofthe revocation by issuing a notice ofagency action. (b) The holderofthe certificate may obtain judicialreview ofthe revocation. (c) The revocation is final and conclusive unless

an appeal is taken. (d) Ifthe revocation is affirmed on appeal, revocation is final onthe date notice ofrevocation was receivedby the holder. (3) As soon as a revocation underthis section is final, the board shall notify the State Tax Commission of the revocation.



## C-14(4) (a) Ifthe certification ofapollution control facility is revoked, all prior tax reliefprovidedto the holder because ofthe certificate is forfeited. (b) The State Tax Commission shall collecttaxes not paid by the holder because ofthe tax reliefprovided the holder to the extentpermitted 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, orcancel rules establishing procedures for processing and evaluating applications for certification, establishing procedures for the issuance and revocation ofcertificates, and all othermatters pertaining to the board in administering certification fortax reliefon pollution control facilities.



## C-15

# UtahAdministrative RulemakingAct

Utah Code Title 63G, Chapter 3 (May 12, 2009)

Utah Administrative Rulemaking Act

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

Title 63G. General Government.

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

Chapter 3. Utah Administrative Rulemaking Act.

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

Part 1. General Provisions

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

63G-3-101. Title

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

................................................................................................................................................... 1 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 offilings

-- Limited exemption for certain rules

................................. 5 Part4. Division ofAdministrative Rules

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

63G-3-401. 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 ofagency rules

-- Extension ofrules by governor.

........................................... 8 Part 6. Judicial Review

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

63G-3-601. 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. Chapter3. Utah Administrative Rulemaking Act.

Part 1. 

### General Provisions.

63G-3-101. Title. This chapter is known as the "Utah Administrative Rulemaking Act." He1111111heredand.·lmcndeJby Chapter 382. Lml'S u(Utah 21Jn8 (;encml se,SlOll.**<!fl~c'fl\'C** .\far5. 2008 !)ormcrlr Scc'l/011 63--16a-l)

63G-3-102. Definitions. As used in this chapter: (1) "Administrative record" means information an agency relies upon when making arule underthis chapter including:(a) the proposed rule, change in the proposedrule, and the rule analysis form; (b) the public commentreceived and recorded by the agency during the public commentperiod; (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, orother
state government entity otherthan the Legislature, its committees, the political subdivisions ofthe state, orthe courts, which is authorized orrequired by lawto 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 placedbefore the textofthe 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-16(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. (I0) "Interested person" means any person affected by

orinterested in a proposedrule, amendment to an existing rule, oranonsubstantive change made underSection 63G-3- 402. (11) "Order" means an agency action thatdetermines the legal rights, duties, privileges, immunities, orother interests ofone ormore specific persons, but not a class ofpersons. (12) "Person" means any individual, partnership, corporation, association, governmental entity, orpublic or private organization ofany character other than an agency. (13) "Publication" or "publish" means making arule 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 orimplicitly required by state

or federal statute orother applicable law; (ii) implements orinterprets a state or federal legal mandate; and (iii) applies to a class ofpersons or another agency. (b) "Rule" includes the amendment orrepeal ofan existing rule. (c) "Rule" does not mean: (i) orders; (ii) an agency's written statementthat applies only to internal management and that does not restrict the legal rights ofa public class ofpersons

oranother agency; (iii) the governor's executive orders or proclamations; (iv) opinions issued by the attorney general's office; (v) declaratory rulings issued by the agency according to Section 63G-4-503 except as required by Section 63G-3-20I; (vi) rulings by an agency in adjudicative proceedings, except as required by Subsection 63G3-20I(6); or (vii) an agency written statementthat 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. (19) "Substantive change" means a change in a rule that affects the application orresults ofagency actions. licn11111ho'rcd**11nd.~111c11dcd** h1· Chaprer 382. l.wrs olLtah**~(}(JS** r;c11t.:ra/.')c,s1nn. L'./JCctirc .ifay 5.**~OOS** (lonnt!11y St!ct1on**63-./6u-~1**

2 

### Part 2. Circumstances Requiring Rulemaking

- Status 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 otherrulemaking required by law, each agency shall make rules when agency action:

and (a) authorizes, requires, or prohibits an action; (b) provides orprohibits amaterial benefit; (c) applies to a class ofpersons oranother 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 orresidents 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 oradministrative details ofgovernmental entities supervised under statute; (c) an agency issues policy orother statements that

are advisory, informative, ordescriptive, and do not conform to the requirements ofSubsections (2) and (3);

or (d) an agency makes nonsubstantive changes in a rule, exceptthat 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 ofa rule may not be subjectto the criminal penalty ofaclass C misdemeanor or greater offense, except as providedunder Subsection (5)(c). (c) A violation ofarule may be subject to aclass C

or greater criminal penalty under Subsection (5)(a) when: (i) authorized by a specific state statute; (ii) a state law and programsunder 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 equivalentto or less than corresponding federal civil or criminal penalties. (6) Each agency shall enactrules incorporating the principles oflawnot already in its rules that are established by final adjudicative decisions within 120 days afterthe decision is announced in its cases. (7) (a) Each agency may enact a rule that incorporates by reference: (i) all orany part ofanother code, rule, or regulation that has been adopted by a federal agency, an agency orpolitical subdivision ofthis state, an agency ofanother state, orby a nationally recognized organization or association;



## C-17(ii) state agency implementationplans mandated by the federal governmentfor participation in the federal program; (iii) lists, tables, illustrations, or similar materials that are subjectto frequent change, fully described in the rule, and are available for public inspection; or (iv) lists, tables, illustrations, or similar materials thatthe director determines are too expensive to reproduce in the administrative code. (b) Rules incorporating materialsby reference shall: (i) be enacted according to the procedures outlined in this chapter; (ii) state thatthe referenced material is incorporatedby reference; (iii) state the date, issue, or version ofthe material being incorporated; and (iv) define specifically what material is incorporatedby 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 available for public review atthe agency and at the division. (8) (a) This chapteris not intendedto inhibitthe exercise ofagency discretion within the limits prescribed by
statute oragency rule. (b) An agency may enact a rule creating ajustified exceptionto a rule. (9) An agency may obtain assistance from the attorney general to ensure that its rules meet legal and constitutional requirements. Amendedin· Chapta3./7

. /,airs ofUtah 20()') GeneralSesswn. efjco11·e \/in- I2. 2009 ljimnerlr Sect/on 63-./6a-3)

63G-3-202. Rules having the effect oflaw. (I) An agency'swritten statement is a rule ifitconforms
to the definition ofarule under Section 63G-3-102, but the written statement is not enforceable unless it is made as arule in accordance with the requirements ofthis chapter. (2) An agency's written statementthat is made as a rule in accordance with the requirements ofthis chapter is enforceable andhas the effect oflaw. RenumberedandAmendedb.1· Chapter 38] lmn of(/fah 2008 c;,!lleml Session. efjectm' .\fm· 5. 2008 (formerly Sectwn 63-./6a-3.5,i



### Part 3. Rulemaking Procedures.

63G-3-301. Rulemaking procedure. (1) An agency authorizedto make rules is also authorized to amend orrepeal those rules. (2) Except as provided in Sections 63G-3-303 and 63G3-304, when making, amending, orrepealing 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 implementthis chapter. (3) Subjectto the requirements ofthis chapter, each
agency shall develop and use flexible approaches in drafting rules that meetthe needs ofthe agency andthat involve persons affected by the agency's rules. (4) (a) Each agency shall file its proposedrule and rule analysis withthe 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) onthe rule analysis and the text ofthe proposedrule in the next issue ofthe bulletin. (ii) Forrule amendments, only the section or subsection ofthe rule being amended need be printed. (iii) Ifthe director determines thatthe rule is
too long to publish, the director shall publishthe rule analysis and shall publish the rule by reference
to a copy onfile with the division. (5) Priorto filing a rule withthe division, the department head shall consider and comment onthe fiscal impact a rule may have on businesses. (6) Ifthe agency reasonably expects that aproposed rule will have a measurable negative fiscal impact on small businesses, the agency shall consider, as allowed by federal law, eachofthe 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 orreporting requirements for small businesses; (c) consolidating or simplifying compliance or reporting requirements for smallbusinesses; (d) establishingperformance standards for small businesses to replace design oroperational standards required in the proposedrule; and (e) exempting small businesses from all orany part ofthe requirements contained in the proposedrule. (7) Ifduring the public comment period an agency receives commentthat the proposedrule will cost small business more than one day's annual average gross receipts, and the agency had not previously performed the analysis in Subsection (6), the agency shall perform the analysis described in Subsection (6). (8) The rule analysis shall contain: (a) a summary ofthe rule or change; (b) the purpose ofthe rule orreason for the change; (c) the statutory authority orfederal requirement for the rule; (d) the anticipated cost or savings to: (i) the state budget; (ii) local governments; (iii) small businesses; and (iv) persons otherthan small businesses, businesses, or local governmental entities; (e) the compliance cost for affected persons; (f) how interestedpersons may reviewthe full text ofthe rule; (g) howinterestedpersons may presenttheir views

onthe rule;



## C-18(h) the time and place ofany scheduledpublic hearing; (i) the name and telephone number ofan agency employee who may be contacted about the rule; U) the name ofthe agency head or designee who authorized the rule; (k) the date on which the rule may become effective following the public commentperiod; and (I) comments by the department head onthe fiscal impactthe 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 ofsubstantive 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 underthis Subsection (9) is to aid in review and may notbe used to contest any rule onthe ground ofnoncompliance with the procedural requirements ofthis chapter. (10) A copy ofthe rule analysis shall be mailed to all persons who have made timely request ofthe agency for advance notice ofits rulemaking proceedings andto any other person who, by statutory or federal mandate orin the judgmentofthe agency, should also receive notice. (11) (a) Following the publication date, the agency shall allow at least 30 days for public comment onthe rule. (b) The agency shall review and evaluate all public
comments submitted in writing within the time period under Subsection (1 l)(a) orpresented at public hearings conducted by the agency within the time period under Subsection (1 l)(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 commentperiod under Subsection (11), nor more than 120 days afterthe 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 ifanotice ofeffective date ora change to a proposedrule 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 laterthan 180 days afterthe effective date ofthe statutory provisionthat specifically requires the rulemaking, exceptunder Subsection (13)(c). (c) When a statute is enacted that requires agency rulemaking and the affected agency already has rules in place that meetthe statutory requirement, the agency shall submitthe rules to the Administrative Rules Review Committee for review within 60 days afterthe
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 appearbefore the legislative Administrative Rules Review Committee and provide the reasons for the delay.**.~mended** bi Chupl<r 93. Lmrs o(I.tah 2009 GeneralSesswn. e(fec11w \/or 12. 2009 rfim11a/;· Se, 11011 63--16u--I;

63G-3-302. Public hearings. (1) Each agency may hold a public hearing on a proposed rule, amendmentto a rule, orrepeal ofa rule during the public commentperiod. (2) Each agency shall hold a public hearing on a proposed rule, amendment to a rule, orrepeal ofa rule if: (a) a public hearing is required by state or federal mandate; (b) (i) another state agency, ten interested persons,

oran interested association having not fewer thanten members request a public hearing; and (ii) the agency receives the request in writing
not more than 15 days afterthe publication date of the proposedrule. (3) The agency shall holdthe hearing: (a) before the rule becomes effective; and (b) no less than seven days nor more than 30 days after receiptofthe request for hearing. Renu111baedLind**.~111.:nded** by Chap/er 382. Lcnrs ofl.'tuh 2008 Ge11.:ra/Ses"""·**e{J~clffe** .\Im· 5. JOOS (for111er/ySec/1011 63--16u-51

63G-3-303. Changes in rules. (1) (a) To change a proposed rule already published in the bulletin, an agency shall file with the division: (i) the text ofthe changed rule; and (ii) a rule analysis containing a description of the change and the informationrequired by Section 63G-3-301. (b) A change to aproposedrule 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 ormore 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 proposedrule. (2) Ifthe rule change is nonsubstantive: (a) the agency need not comply with the requirements ofSubsection (I); and (b) the agency shall notify the division ofthe change in writing. (3) Ifthe rule is effective, the agency shall amendthe rule according to the procedures specified in Section 63G-3- 301.



## C-19RenumheredandAmendedhi· Chap/er 38:!. l.mrs ofU!ah 211(18 Ge11eral Sess!(m. ejfeorre .\far5. 21!1!8 ljormerlrScc1io11 63--16a-fiJ

63G-3-304. Emergency rulemakingprocedure. (1) All agencies shall comply withthe rulemaking procedures ofSection 63G-3-301 unless an agency finds that these procedures would: (a) cause an imminentperil to the public health, safety, orwelfare; (b) cause an imminentbudget reduction because of budgetrestraints or federal requirements; or (c) place the agency in violation offederal orstate law. (2) (a) When finding that its rule is exceptedfrom regular rulemaking procedures by this section, the agency shall file withthe 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-3-301(4). (c) The agency shall notify interested persons as provided in Subsection 63G-3-301(10). (d) The rule becomes effective for aperiod not exceeding 120 days onthe date offiling or any later date designated in the rule. (3) Ifthe agency intends the rule to be effectivebeyond 120 days, the agency shall also comply with the procedures of Section 63G-3-301.

.Jn1e11ded by Chop/er 300. l.c111s ofUwh :!0118 General Se.1sio11: and Re1111mheredand:1menJeJbi Chap/er 38:!. l.mrs ofU1ah 211()8 (;eneml Session. ej/'ec·m·e \far5. 21!1!8 Uimner!r Sec/1011 63--16a-.7)

63G-3-305. Agency review ofrules

-- Schedule offilings

-- Limited exemption for certain rules. (1) Each agency shall revieweach 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 priorto 1992 need not be reviewed until 1997. (2) An agency may consider any substantial review ofa rule to be a five-year review. Ifthe agency chooses to consider a review a five-year review, it shall follow the proceduresoutlined in Subsection (3). (3) At the conclusion ofits review, the agency shall file

anotice ofreview on orbefore the anniversary date indicating its intentto continue, amend, orrepeal 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 whichthe rule is enacted and howthese provisions authorize orrequire 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 oppositionto the rule, ifany. (b) Ifthe agency repeals the rule, it shall comply with Section 63G-3-301. (c) Ifthe agency amends and continuesthe rule, it shall comply with the requirements ofSection 63G-3- 301 and file the statementrequired in Subsection (3)(a). (4) (a) The division shall publish the notice and
statementinthe bulletin. (b) The division may schedule the publication of agency notices and statements, providedthat no notice and statement shall be published more than one year afterthe review deadline established under Subsection (1). (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 itwill not meetthe deadline established in Subsection (1): (a) the agency may file an exte.nsionpriorto the anniversary date withthe division indicating the reason for the extension; and (b) the division shall publish notice ofthe extensioninthe next issue ofthe bulletin. (7) An extensionpermits the agency to file anotice no

more than 120 days afterthe anniversary date. (8) Ifan agency fails to file anotice ofreviewor extension on orbefore the date specified in the notice mandated in Subsection (5), the division shall: (a) publish a notice in the next issue ofthe bulletin thatthe rule has expired and is no longer enforceable; (b) remove the rule from the code; and (c) notify the agency thatthe rule has expired

. (9) After arule expires, an agency must comply with the requirements ofSection 63G-3-301 to reenact the rule. (10) (a) Rules issued underthe following provisions related to the Department ofWorkforce Services orLabor Commissionthat are in effect onJuly 1, 1997, are not subject
to the requirements ofthis section until July 1, 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 21, Utah FairHousing Act. (b) Any rule described in Subsection (IO)(a)that would have expired on or after July 1, 1997 butbefore July 1, 1998, expiresJuly 1, 1998, unless for that rule the Department ofWorkforce Services orLabor Commission files: (i) the notice ofreview, described in Subsection (3); or (ii) an extension described in Subsection (6). RenumberedandAmendedby Chapl<!r 38:!. Lairs ofU!ah 2008 Cie11ernl Ses.11011. ejf'eorre .\hff 5. 2008 (fi>rmerlySec/ion 63--16a-9)



### Part4. Division ofAdministrativeRules.

63G-3-401. Division ofAdministrativeRules created

-- Appointmentofdirector. (1) There is created withinthe Department of Administrative Servicesthe Division ofAdministrative Rules,
to be administered by a director.



## C-20(2) The directorofadministrative rules shall be appointed by the executive director with the approval ofthe governor. Renu111bercJ u11d ·l111c11dcd br Clwpler 3S2. /.tills nfl'wh 21108 (;cncml Session cf}2c1irc .\far5. 2110.\ (/urmerlr Sccliu11 63-./6u- 1 !5;

63G-3-402. Division ofAdministrative Rules

- Duties generally. (1) The Division ofAdministrative Rules shall: (a) establish all filing, publication, and hearing procedures necessary to make rules under this chapter; (b) record in a registerthe receipt ofall agency rules, rule analysis forms, and notices ofeffective dates; (c) make the register, copies ofall 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, exceptthatthe division may publish the complete text ofany proposedrule that the director determines is too long to print ortoo expensive to publish by reference to the text maintainedby the division; (e) compile, format, number, and index all effective rules in an administrative code, and periodically publish that code and supplements orrevisions to it; (f) publish a digestofall rules and notices contained in the most recent bulletin; (g) publish at least annually an index ofall changes
to the administrative code andthe effective date ofeach change; (h) print, or contractto 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; (j) 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 paperrulemaking publications to all otherrequesting persons and agencies; (I) provide agencies assistance in rulemaking; and (m) administerthis 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 offormatting, 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, ortitle; (d) updating orcorrecting annotations associated with a section, part, rule, ortitle; and (e) merging ordetermining priority ofany amendment, enactment, orrepeal 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 orinconsistent section and paragraph structure in arrangement ofthe subject matter ofrules. (4) For nonsubstantive changes made in accordance with Subsection (2) or (3) afterpublication ofthe rule in the bulletin, the division shall publish a list ofnonsubstantive changes in the bulletin. Foreachnonsubstantive 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 orcollected for publishing the division's publications shall be nonlapsing. Rc1111111bercdu11d

. .J111c11dcd bi Chapla382. Lmrs of[ 'tah ]()()8 (].:ncml Scs.11011. cjft·,/<re .\/a_1· 5. 21J()S**ljim11cr~r** Section 03-./6u-/IJ1

63G-3-403. Repeal and reenactment ofUtah Administrative Code. (1) When the director determines thatthe 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 renumberthe code; (b) require each agency to review its rules and make any organizational or substantive changes according to the requirements ofSection 63G-3-303; and (c) require each agency to prepare a briefsummary 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 orinconsistent section and paragraph structure in arrangement ofthe subject matter ofrules; (d) eliminating all obsolete orredundant 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, orrepeal to the same rule or section made effectiveby 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-21(ii) the date, time, andplace ofa public hearing where members ofthe public may comment

onthe proposedreenactmentofthe code; (iii) locations where the proposedreenactment 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 inthe proposedreenactment, each agency shall: (i) make the textoftheir reenactedrules available:(A) for public review during regular businesshours; and (B) in an electronic version; and (ii) comply with the requirements of Subsection 63G-3-301(10). (5) The division shall hold a public hearing onthe proposed code reenactment no fewer than 30 days normore than 45 days afterthe 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 ona date designated by the division that is
not fewer than 45 days normore than 90 days afterthe publication date required by this section. (8) Repeal and reenactment ofthe code meets the requirements ofSection 63G-3-305 for a reviewofall agency rules. Amendedb1· Chap/a 300. Laii·s ofL'tah 2008 GeneralSession: and RenwnhercdandAmendedhy Clwp1er 382. Lairs ofUtah ](J()S Gei1<Tal Sessi1m.**e.fl~cl!re** .\far5. 2()08 iformerly Sec1ion 63-./6a- /0.5;



### Part 5. Legislative Oversight.

63G-3-501. Administrative Rules Review Committee. (1) (a) There is created an Administrative Rules Review Committee oftenpermanentmembers and four exofficio members.

7 (b) (i) The committee's permanentmembers shall be composedoffive members ofthe Senate, appointed by the president ofthe Senate, and five members ofthe House, appointed by the speakerofthe House, with no

more thanthree senators andthree representatives from the same politicalparty. (ii) The permanentmembers shall convene at least once eachmonth as a committeeto review

new agency rules, amendmentsto 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

oruntil their successors are appointed. (iv) A vacancy exists whenever a committee member ceasesto be a member ofthe Legislature,

orwhen a memberresigns from the committee. Vacancies shall be filled by the appointing authority, and the replacement shall serve outthe unexpiredterm. (c) Whenthe committee reviews existing rules, the committee's permanentmembers shall invite the Senate and House chairmen ofthe standing committee and the Senate and House chairmen ofthe appropriation subcommitteethat havejurisdiction overthe agency whose existingrules are being reviewed to participate as nonvoting, exofficio members withthe committee. (d) Three representatives andthree senators from the permanentmembers are a quorum for the transaction ofbusiness at any meeting. (2) Each agency rule as defined in Section 63G-3-102 shall be submittedto the committee atthe sametime public notice is givenunder Section 63G-3-301. (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 ornotthey are authorized by statute; (ii) whetherornot they comply with legislative intent; (iii) their impact onthe economy andthe governmentoperations ofthe state and local political subdivisions; and (iv) their impact on affected persons. (c) To carry outthese 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 thatcommittee. (d) Inreviewing the rules, the committee shall follow generally acceptedprinciples ofstatutory construction. (4) The committee may requestthatthe Office ofthe Legislative FiscalAnalystprepare a fiscal note on any rule. (5) In orderto accomplish its oversightfunctions, the committee has all the powers granted to legislative interim committees as setforth in Section 36-12-11. (6) (a) The committee may prepare written findings of its review ofeachrule and may include any recommendations, including legislative action. (b) The committee shall provide to the agency that enactedthe rule: (i) its findings, ifany; and (ii) a requestthatthe 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 ofboththe House andthe Senate, Senate and House chairs ofthe standing committee, and the Senate and House chairs ofthe Appropriation Subcommitteethat havejurisdictionoverthe agency whose rules are the subject ofthe findings.



## C-22(7) (a) The committee may submit a reporton its review ofstate agency rules to each member ofthe Legislature at each regular session. (b) The report shall include: (i) the findings and recommendations made by the committee under Subsection (6); (ii) any actiontaken by an agency in response to committee recommendations; and (iii) any recommendations by the committee for legislation. fl.:1111111bcred li!ld.imemledb1 Chap/er 31\l Lm1s of(:h1h 2008

C1L'lli!Utl .\f!5s1nn. c,/ft!dfft' .\hJ.Y 5.**20Ur~** tforml'rly**~t!cllon** 63--161.1-//)

63G-3-502. Legislative reauthorization ofagency rules

-- Extension ofrules by governor. (I) All grants ofrulemakingpower from the Legislature
to a state agency in any statute are made subjectto the provisions ofthis section. (2) (a) Except as provided in Subsection (2)(b), every agency rule that is in effecton February 28 ofany calendar yearexpires on May 1ofthatyear unless it has been reauthorized by the Legislature. (b) Notwithstanding the provisions ofSubsection (2)(a), an agency's rules do not expire if: (i) the rule is explicitly mandated by a federal law orregulation; or (ii) a provision ofUtah's constitution vests the agency with specific constitutional authority to regulate. (3) (a) The Administrative Rules Review Committee shall have omnibus legislationprepared 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 exceptfor the following:". (c) Before sending the legislation to the governor for the governor's action, the Administrative Rules Review Committee may send a letterto the governor and
to the agency explaining specifically why the committee believes any rule should notbe reauthorized. (d) Forthe purpose ofthis section, the entire rule, a single section, orany complete paragraph ofa rule may be excepted for reauthorization in the omnibus legislation considered by the Legislature. (4) The Legislature's reauthorization ofa 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 notbeen reauthorized by the Legislature orthat 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 extendingthe rule beyond the expiration date.

8 (b) In seekingthe extension, the agency shall submit a petition to the governorthat affirmatively
states: (i) that the rule is necessary; and (ii) a citationto the source ofits authority to make the rule. (c) (i) Ifthe governor finds that the necessity does exist, and thatthe agency has the authority to make the rule, the governor may declare the rule to be extended by publishingthat declaration in the Administrative Rules Bulletin onorbefore April 15 ofthat year. (ii) The declaration shall setforth the rule to be extended, the reasons the extension is necessary, and a citationto the source ofthe agency's authority
to make the rule.

. (d) Ifthe omnibusbill required by Subsection (3) fails to pass bothhouses ofthe Legislature or is found to have a technical legal defectpreventing reauthorization ofadministrative rules intended to be reauthorized by the Legislature, the governor may declare all rulestobe extended by publishing a single declaration in the Administrative Rules Bulletin onorbefore June 15 without meeting requirements ofSubsections (5)(b) and (c). Renumberedund**.~mended** by Chap/er 382. r,ms ufCtah 2008
I;c11crul Sc.1sion. cf/cdire .\Im 5. 2008 ((ormerh**S~oion** 63--16u- I!.5;

. . .



### Part6. 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 630-3-301(4), ofan agency's proposed rule to implement a petition for the making, amendment, orrepeal ofa rule as provided in this section. (2) An interestedpersonmay petition an agency to request the making, amendment, orrepeal ofarule. (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 orrepeal ofa rule, demonstrating that the proposed action is withinthejurisdictionofthe agency and appropriate to the powers ofthe agency. (5) Within 60 days after submission ofapetition, the
agency shall either deny the petition in writing, stating its

reasons for the denial, or initiate rulemaking proceedings. (6) (a) Ifthe petition is submittedto 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 orboard has not providedthe petitioner written notice that the agency has denied the petition or initiatedrulemaking proceedings within the time limitations specified in Subsection (5) or(6) respectively, the petitioner may seek a writofmandamus in state district court. Rcnumberedand.fo1c11dedb_1 Clwpler382. Lm1 so(C'1ah 2008
I lcncra/Scsslfin. cf/eel/re \Im 5. 20(18 fjimnerh**S~c1ion** 63--16a-/2)

63G-3-602. Judicial challenge to administrative rules. (1) (a) Any person aggrieved by arule may obtain judicialreviewofthe rule by filing a complaint with the

- county clerk in the district court where the personresides or

in the district court in SaltLake County.



## C-23(b) Any person aggrieved by an agency's failure to comply with Section 63G-3-201 may obtainjudicial reviewofthe agency's failure to comply by filing a complaintwith the clerk ofthe district court wherethe
person resides or in the district court in SaltLake County. (2) (a) Except as provided in Subsection (2)(b), a person seekingjudicialreviewunderthis section shall exhaustthat person's administrative remediesby complying withthe requirements ofSection 63G-3-601 before filing the complaint. (b) When seekingjudicialreview ofa rule, the
person need notexhaustthatperson's administrative remedies if: (i) less than six monthshaspassed sincethe date thatthe rule became effective andthe person had submittedverbal orwritten comments onthe rule to the agency during the public comment period; (ii) a statute grantingrulemaking 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 informationrequired by the Utah Rules ofCivil Procedure, a complaint filed under this section shall contain:

by:

9 (i) the name andmailing address ofthe plaintiff; (ii) the name and mailing address ofthe defendant agency; (iii) the name and mailing address ofany other partyjoined in the action as a defendant; (iv) the text ofthe rule orproposedrule, if any; (v) an allegation thatthe person filing the complainthas eitherexhaustedthe administrative remediesby complyingwith Section 63G-3-601 or metthe requirements for waiver ofexhaustionof administrative remedies establishedby Subsection (2)(b); (vi) the reliefsought; and (vii) factual and legal allegations supporting the reliefsought. (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 UtahRules ofCivil Procedures. (iii) The agency shall file the administrative record ofthe rule, ifany, with its responsive pleading. (4) The district courtmay grantreliefto the petitioner

(a) declaring the rule invalid, ifthe court finds that: (i) the rule violates constitutional or statutory laworthe agency does nothave legal authority to makethe rule; (ii) the rule is not supportedby substantial evidence whenviewed in lightofthe whole administrative record; or (iii) the agency did not follow proper rulemaking procedure; (b) declaring the rule nonapplicable to the petitioner; (c) remandingthe matterto the agency for compliance with properrulemaking procedures or further fact-finding; (d) orderingthe agency to comply with Section· 63G-3-201; (e) issuing ajudicial stay or injunctionto enjointhe
agency from illegal actionoraction that wouldcause irreparable harmto the petitioner; or (f) any combinationofSubsections (4)(a) through (e). (5) Ifthe plaintiffmeetsthe requirements ofSubsection (2)(b), the district courtmay review and act ona complaint underthis sectionwhether ornot the plaintiffhas requested the agency reviewunder Section 63G-3-601. Renumbered,mdilmemled by Chapter 382. rairs of //rah l!)()S General Sessu111. efkoire .\Im 5. 21i08 ljim11erly S.:c1ion 63-./6ul:! 1)

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

-- Statute of limitations. (l) A proceedingto contest any rule onthe ground of noncompliance withthe procedural requirements ofthis chapter shall commence withintwoyears ofthe effective date ofthe rule. (2) A proceeding to contest any rule onthe ground of
notbeing supportedby substantial evidence whenviewed in lightofthe whole administrative record shall commence within four years ofthe effective date ofthe challenged action. (3) A proceedingto contest any rule onthe basis that a change to the rule made under Subsection 63G-3-402(2) or (3) substantively changedthe rule shall be commencedwithin
two years ofthe date the change wasmade. RenumberedandAmended by ( '/wpter 382. I.airs ofUtah :'O()S Ge11eral Session, efleo/\'e .\Jar5. 21i08 ljim11er/.1· S<!clion 63-./611-U!



### Part 7. Official Compilation ofAdministrative Rules.

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

-- Judicial notice. The code shall be receivedby all thejudges,public officers, commissions, and departments ofthe state government as evidence ofthe administrative law ofthe state ofUtah and as an authorized compilation ofthe administrative lawofUtah. All courts shall takejudicial notice ofthe code and its provisions. Re1111mheredandAmendedb1· Chap!<'!' 38:'. Lmrs ofU1ah 21108 GeneralSnsion. e!li·ctll'C \lay5, :3008 (/imncrlr Sectio11 63-./f>a-l61

63G-3-702. Utah Administrative Code

-- Organization

-- Official compilation. (1) The UtahAdministrative Code shall be divided into three parts: (a) titles, whose number shall begin with "R"; (b) rules; and



## C-24Utah Administrative Rulemaking Act, 2009

(c) sections. (2) All sections contained in the code are referenced by

athree-part number indicating its location in the code. (3) The division shall maintain the official compilation ofthe code and is the state-designatedrepository for administrative rules. Ifa dispute arises in which there is more than one version ofa rule, the latesteffective version on file with the division is consideredthe correct, currentversion. Re1111111b<rcdand.fo1c11dcdb]" Chuptcr 382. /.uin 

### olUah ]()(JS (j,·ncrc1/Scssw11. <Jf,·c11n· \f,n 5. JOOS (tim11ah Sec/ionf;J-./f)(J-'J.6!

\ c

!IL .\o//l'cc hllf'. lc.111<1h.go1 -<ode ffILLnJ(; r,31 ;o3.oip
(/('1_'t.!S.\Cd

### rr(}]**~oov.** Lt'gtslafffl' OC/!011**ll~(ormolloll** addedh1· !ht' IJ11I,um**(~/** .-ldmm1sTru/Ire**Rule~'** bused 011 i1?fi>nJllt/1on./i"om I /1storr!nfiuxtpromkd hr l.cg1s/atirc Rne,1rch a11d Gcncrul ( 01111\d IF OJ 2009

10 Page 10



## C-25

## Administrative Services RlS. Administrative Services, 

## hearings: Administrative Rules. 

## {a) during the public RlS-1. Administrative Rule 

## comment period on a proposed Hearings. 

## rule, after its publication in RlS-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 63G, 

## Chapter 3, 

## to Subsection 63G-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

RlS-1-2. ( 1) 

## rule are 63G-3-102.

## Definitions. 

## Terms used defined in
(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 63G-3-601. (3) 

## Voluntary hearings,

as described in this section, follow the procedures prescribed by this rule or any other procedures the agency may provide by rule. (4) 

## Mandatory hearings,

as described in this section, follow the procedures prescribed by this rule and any additional requirements of state or federal law. (5) 

## If an agency holds a mandatory hearing under the procedures of this rule during the public comment period described in Subsection 63G-3- 301 (6), 

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

RlS-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 63G-3-302(2). 

## subject in the bulletin; the and

(2) 

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

## Utah Administrative Code

- 1 -



## C-26

## 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-27

## Administrative Services 

# J

of the rule's administrative making, amendment, or repeal record in a file available at of an administrative rule. the agency offices for public inspection. RlS-2-2. Definitions. 

## (1) Terms used in this RlS-1-8. Decision on an Issue 

## rule are defined in Section Regarding Rulemaking 

## 638-3-102. Procedure. 

## (2) Other terms are (1) When a hearing issue defined as follows: requires a decision regarding (a) "rule change" means: rulemaking procedure, the {i) making a new rule; officer shall submit a written (ii) amending, request for a decision to the repealing, or repealing and director as soon as reenacting an existing rule; practicable after, or after (iii) amending a recessing, the hearing, as proposed rule further by provided in Section Rl5-5-6. filing a change in proposed The director shall reply to rule under the provisions of the agency head as provided in Section 638-3-303; Subsection Rl5-5-6 (2). The (iv) allowing a proposed director's decision shall be (new, amended, repealed, or included in the hearing repealed and reenacted) rule record. or change in proposed rule to lapse; or RlS-1-9. Appeal and Judicial 

## {v) any combination of Review. 

## the above. (1) Persons may appeal {b) "petitioner" means the decision of the agency an interested person who head or the division by submits a petition to an petitioning the district court agency pursuant to Section for judicial review as 638-3-601 and this rule. provided by law.

KEY: administrative law, government hearings 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 RlS-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.

RlS-2. Public Petitioning for RlS-2-4. Petition Form. Rulemaking. 

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

## {a) be clearly· As required by Subsection designated "petition for a 638-3-601 (2), this rule rule change"; prescribes the form and (b) procedures for submission, petitioner's consideration, and disposition {c) of petitions requesting the petitioner's August 1, 2009 Utah Administrative Code state name;state

interest in - 3 - 

## the

the the

C-28

## Administrative Services rule, including relevant part of the administrative affiliation, if any; (d) include a statement
as required by Subsection 638- 3-60l (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

R15-2-5. Petition Consideration And Disposition. (1) 

## The agency head or designee shall: (a) review and consider the petition; (b) write a response to the petition stating: (i) that the petition is denied and reasons for denial,

or (ii) the date when the agency is initiating a rule change consistent with the intent of the petition; and (c) send the response to 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, 2006 Notice of Continuation: September 29, 2005 Authorizing, and Implemented

or Interpreted Law: 63G-3-601

R15-3. Definitional of Clarification Administrative Rule. R15-3-1. Authority, Purpose, and Definitions. ( 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 Discretion. 

## 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-29

## 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.

RlS-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 shal1 comply with copyright requirements when it provides the division a copy of material incorporated by reference.

RlS-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.

RlS-3-5. that Pursuant 301{13}. 

## Statutory Provisions Require Rulemaking

to Subsection 63G-3-



## For the purposes of Subsection 63G-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-30

## Administrative Services Date of Enactment or Last 

## process of collecting and Substantive Amendment: April 

## arranging administrative rules 30, 2007 

## systematically in the Utah Notice of Continuation: 

## Administrative Code, and September 29, 2005 

## includes the process of Authorizing, 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);

RlS-4. Administrative 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 RlS-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-31

## Administrative Services 638-3-303 (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 (1) (a) Pursuant to for publication in the Subsection 638-3-301(9), upon bulletin and digest issued on expiration of the comment the first of the next month, period designated on the rule and by 11:59:59 p.m. on the analysis and filed with the first day of the month for rule, and before expiration of publication on the fifteenth 120 days after publication of of the same month. a proposed rule, the agency (a) If the first or proposing the rule shall fifteenth day is a Saturday, notify the division of the

or a Tuesday, Wednesday, date the rule is to become Thursday, or Friday holiday, effective and enforceable. the agency shall file the rule (b) The agency shall and rule analysis by 11:59:59 notify the division after p.m. on the previous regular determining that the proposed business day. rule, in the form published, (b) If the first or shall be the final form of the fifteenth day is a Sunday or rule, and after informing the Monday holiday, the agency division of any nonsubstantive shall file the rule and rule changes in the rule as analysis by 11:59:59 p.m. on provided for in Section R15-4- the next regular business day. 6. (2) For all purposes, (2) (a) The agency shall the official date of notify the division by filing publication for the bulletin with the division a Notice of and digest shall be the first Effective Date form using and fifteenth days of each eRules. month. (b) If the eRules Notice of Effective Date form is RlS-4-4. Thirty-day Comment 

## unavailable to the agency, the Period for a Proposed Rule and 

## agency may notify the division

a Change in Proposed Rule. 

## by any other form of written (1) For the purposes of communication clearly Sections 638-3-301 and 638-3- identifying the proposed rule, 303, "30 days" shall be stating the date the rule was computed by: filed with the division or (a) counting the day published in the bulletin, and after publication of the rule stating its effective date.

as the first day; and (3) The date designated (b) counting the as the effective date shall thirtieth consecutive day be: after the day of publication (a) at least seven days

as the thirtieth day, unless after the comment period (c) the thirtieth specified on the rule consecutive day is a Saturday, analysis; or Sunday, or holiday, in which (b) if the agency event the thirtieth day is the formally extends the comment next regular business day. period for a proposed rule by publishing a subsequent notice "\ August 1, 2009 Utah Administrative Code - 7 - ·"""111



## C-32

## Administrative Services in an issue of the bulletin, at least seven days after the extended comment period. (4) The division shall publish notice of the effective date in the next issue of the bulletin. There is no publication deadline for

a notice of effective date for

a proposed rule, nor requirement that it be published prior to the effective date.

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 63G-3-303, and before expiration of the 120th day after publication of a change in proposed rule, the agency promulgating the rule shall notify the division of the date the rule is to become effective and enforceable. (b) The agency shall notify the division after were filed with the division

or published in the bulletin, and stating the effective date.

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. Nonsubstantive


## as published is the final form Changes in Rules. 

## of the rule, and after (1) Pursuant to informing the division of any Subsections 63G-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 RlS-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 RlS-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-33

## 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 Rl5-4- 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.

RlS-4-7. Substantive Changes in Proposed Rules. ( 1) 

## Pursuant to Section 63G-3-303, agencies shall comply with the procedures of this section when making a substantive change in a proposed rule. (a) The procedures of this section apply if: (i) the agency determines a change in the 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 Rl5-4- 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 Rl5-4-9. (3) 

## The division shall publish the rule analysis in the next issue of the bulletin, subject to the publication deadlines of Section Rl5-4-3. 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 Rl5-4- 5, 

## or may further amend the rule by following the procedures of Sections Rl5-4-6

or Rl5-4-7.

RlS-4-8. Temporary 120-day 

## rule is necessary; Rules. 

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



## C-34

## Administrative Services (1) Pursuant to Section 638-3-304, 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 638-3- 304 (1)

. (a) The division interprets the criteria of Subsection 638-3-304 (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 638-3-301(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 638-3-301(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

- 10

-

C-35

## 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. (c) indicate that the (4) When an agency fails amount is either a cost or a to mark a change as described savings; and in this section, the director (d) estimate the

or his designee may refuse to incremental cost or savings codify the change. When expected to accrue to 11 

## state determining whether or not to budgets, " "local governments, " codify an unmarked change, the "small businesses," and director shall consider: "persons other than small (a) whether the unmarked businesses, businesses, or change is substantive or local governmental entities" nonsubstantive; and as aggregated cost or savings; (b) if the purpose of (2) In addition, an public notification has been agency may: adequately served. (a) provide a narrative (5) The director's description of anticipated refusal to codify an unmarked cost or savings, and change means that the change compliance cost; is not operative for the (b) compare anticipated purposes of Section 638-3-701 cost or savings, and and that the agency must compliance cost figures, for comply with regular rulemaking the rule or change to: procedures to make the change. (i) current budgeted costs associated with the RlS-4-10. Estimates of 

## existing rule, Anticipated Cost or Savings, 

## (ii) figures reported on and Compliance 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-36

## 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 next issue of the Bulletin.

KEY: administrative law Date of Enactment or Last Substantive Amendment: August 24, 2007 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 638, 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 638-4-202 and 638-4- 203, and is enacted under the authority of Subsection 638-3- 402 (1) (m) and Sections 638-4- or change; August 1, 2009 Utah Administrative Code

- 12

-

C-37

## Administrative Services 202, 638-4-203, and 638-4-503. director.

R15-5-3. Definitions. 

## (1) The terms used in this rule are defined Section 638-4-103. in
(2) In addition, "digest" means the Utah State Digest which summarizes the content of the bulletin as required under Subsection 63G3-402 (1) (f).

Rl5-5-4. 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 638, 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 638-3-301 (6) (a) as interpreted in Section R15-4- 5. 

## (3) The division shall notify the agency of a refusal to publish or register a rule

or rule change, and shall advise and assist the agency in correcting any error or omission, and in re-filing to meet statutory and regulatory criteria.

R15-5-5. Appeal of a Refusal to Publish or Register a Rule

or Rule Change. 

## (1) An agency may request a review of a division refusal to publish or register

a rule or rule change by filing a written petition for (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 638, 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 638-3-603. (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 any documents the division should consider in reaching its decision.

review with the division be August 1, 2009 Utah Administrative (f) 

## signed Code The petition shall and designate a

- 13

-

C-38

## 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 writing. in
(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-39

# ProposedRule

## R307. Environm.enta1 Qua1ity, Air Qua1ity. R307-328. Gaso1ine Transfer and Storage. R307-328-1. Purpose. The purpose of R307-328 is to establish Reasonably Available Control Technology (RACT) for control of gasoline vapors during the filling of [gasoline transport vehicles] gasoline cargo tank and storage tanks in Utah. The rule is based on federal control technique guidance documents. This requirement is commonly referred to as stage I vapor recovery.



## R307-328-2. App1icabi1ity. (1) [Transport Vehicles]Gasoline Cargo Tanks. R307-328 applies to the owner or operator of any [gasoline tank truck, railroad tank car, or other gasoline transport vehicle] gasoline cargo tank that loads or unloads gasoline in Utah. (2) Gasoline Dispensing. R307-328 applies to the owner or operator of any bulk terminal, bulk plant, stationary storage container, or service station located in Utah that dispenses 10,000 gallons or more in any one calendar month. (3) This rule applies to all [transport vehicles] gasoline cargo tanks and gasoline dispensing facilities that operate within Utah according to the compliance schedule defined in section 328-9 of this rule.



## R307-328-3. Definitions. The following additional definitions apply to R307-328. "Bottom Filling" means the filling of a tank through an inlet at or near the bottom of the tank designed to have the opening covered by the liquid after the pipe normally used to withdraw liquid can no longer withdraw any liquid. [ "Qualified contractor" means a contractor who has been qualified by the mcecutive secretary in accordance with R307 342 to perform vapor tightness tests on gasoline transport vehicles. ] "Submerged Fill Pipe" means any fill pipe with a discharge opening which is entirely submerged when the liquid level is 6 inches above the bottom of the tank and the pipe normally used to withdraw liquid from the tank can no longer withdraw any liquid. "Gasoline cargo tank" means gasoline cargo tank as defined in 40 CFR 63.421, effective as of the date referenced in R307-101-3, is hereby adopted and incorporated by reference.



## R307-328-4. Loading of Tank Trucks, Trai1ers, Rai1road Tank Cars, and Other Transport Vehic1es. (1) No person shall load or permit the loading of gasoline into any gasoline cargo tank [tank truck, trailer, railroad tank car, or other transport vehicle] unless the emissions from such vehicle are controlled by use of a vapor collection and control system and submerged or bottom filling. RACT shall be required and in no case shall vapor emissions to the atmosphere exceed 0.640 pounds per 1,000 gallons transferred. (2) Such vapor collection and control system shall be properly installed and maintained. (3) The loading device shall not leak. (4) The loading device shall utilize the dry-break loading



# P-1

## design couplings and shall be maintained and operated to allow no
more than an average of 15 cc drainage per disconnect for 5 consecutive disconnects. (5) All loading and vapor lines shall be equipped with fittings which make a vapor tight connection and shall automatically close upon disconnection to prevent release of the organic material. (6) A gasoline storage and transfer installation that receives inbound loads and dispatches outbound loads ("bulk plant") need not comply with R307-328-4 if it does not have a daily average throughput of more than 3, 900 gallons (15,000 or
more liters) of gasoline based upon a 30-day rolling average. Such installations shall on-load and off-load gasoline by use of bottom or submerged filling or alternate equivalent methods. The emission limitation is based on operating procedures and equipment specifications using Reasonably Available Control Technology as defined in EPA documents EPA 450/2-77-026 October 1977, "Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals," and .EPA-450/2-77-035 December 1977, "Control of Volatile Organic Emissions from Bulk Gasoline Plants." The design effectiveness of such equipment and the operating procedures must be documented and submitted to and approved by the executive secretary. (7) Hatches of gasoline cargo tanks[transport vehicles] shall not be opened at any time during loading operations except to avoid emergency situations or during emergency situations. Pressure relief valves on storage tanks and gasoline cargo tanks [transport vehicles] shall be set to release at the highest possible pressure, in accordance with State or local fire codes and National Fire Prevention Association guidelines. Pressure in the vapor collection system shall not exceed the gasoline cargo tank[transport vehicle] pressure relief setting.**~~** 

## (8) Each owner or operator of a gasoline storage or dispensing installation shall conduct testing of vapor collection systems used at such installation and shall maintain records of all tests for no less than two years. Testing procedures of vapor collection systems shall be approved by the executive secretary and shall be consistent with the procedures described in the EPA document, "Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection Systems," EPA-450/2-78- 051. (9) Semi-annual maintained of such test. the executive secretary would justify a change. testing shall be conducted and records The frequency of tests may be altered by upon submittal of documentation which
(10) The vapor collection and vapor processing equipment shall be designed and operated to prevent gauge pressure in the gasoline cargo tank [delivery vessel] from exceeding 18 inches of water and prevent vacuum from exceeding 6 inches of water. During testing and monitoring, there shall be no reading greater than or equal to 100 percent of the lower explosive limit measured at 1.04 inches around the perimeter of a potential leak source as detected by a combustible gas detector. Potential leak sources include, but are not limited to, piping, seals, hoses, connections, pressure or vacuum vents, and vapor hoods. In addition, no



# P-2

## visible liquid leaks are permitted during testing or monitoring.

R307-328-5. Stationary Source Container Loading. (1) No person shall transfer or permit the transfer of gasoline from any gasoline cargo tank [delivery vessel (i.e. tank truck or trailer)] into any stationary storage container with a capacity of 250 gallons or greater unless such container is equipped with a submerged fill pipe that extends to no more than twelve inches from the bottom of the storage tank for fill pipes installed on or before November 9, 2006, and no more than six inches form the bottom of the storage tank for fill pipes installed after November 9, 2006, and at least 90 percent of the gasoline vapor, by weight, displaced during the filling of the stationary storage container is prevented from being released to the atmosphere. This requirement shall not apply to: (a) the transfer of gasoline into any stationary storage container of less than 550 gallons used primarily for the fueling of implements of husbandry if such container is equipped with a permanent submerged fill pipe; (b) the transfer of gasoline into any stationary storage container having a capacity of less than**2,00~** 

## gallons which was installed prior to January 1, 1979, if such container is equipped with a permanent submerged fill pipe; (c) the transfer of gasoline to storage tanks equipped with floating roofs or their equivalent which have been approved by the executive secretary. (2) The 90 percent performance standard of the vapor control system shall be based on operating procedures and equipment specifications. The design effectiveness of such equipment and the operating procedure must be documented and submitted to and approved by the executive secretary. 

## (3) Each owner or operator of a gasoline storage tank or the

owner or operator of the gasoline cargo tank[delivery vessel] subject to 

## (1) above shall install vapor control equipment, which includes, but is not limited to: (a) vapor return lines and connections sufficiently free of restrictions to allow transfer of vapor to the gasoline cargo tank[delivery vessel] or to the vapor control system, and to achieve the required recovery; (b) a means of assuring that the vapor return lines are connected to the gasoline cargo tank [delivery vessel], or vapor control system, and storage tank during tank filling; (c) restrictions in the storage tank vent line designed and operated to prevent: (i) the release of gasoline vapors to the atmosphere during normal operation; and (ii) gauge pressure in the gasoline cargo tank[delivery vessel] from exceeding 18 inches of water and vacuum from exceeding 

## 6 inches of water.

Gasoline Cargo Tank[Transport Vehie1es]. R307-328-6. (1) 

## designed unloading Gasoline cargo tanks[transport vehicles] must and maintained to be vapor tight during loading

operations as well as during transport, except be and for



# P-3

### normal pressure venting required under United States Department of

# ~..) Transportation Regulations. (2) The design of the vapor recovery system shall be such that when the gasoline cargo tank [delivery tank] is connected to

an approved storage tank vapor recovery system or loading terminal, 90% vapor recovery efficiencies are realized. The connectors of the [delivery tanks] gasoline cargo tanks shall be compatible with the fittings on the fill pipes and vapor vents at the storage containers and gasoline loading terminals where the [delivery tank] gasoline cargo tank will service or be serviced. Adapters may be used to achieve compatibility. (3) No person shall knowingly allow the introduction of gasoline into, dispensing of gasoline from, or transportation of gasoline in a gasoline cargo thank that does not meet the leak tight testing requirements of R307-328-7[transport vehicle without

a current Utah Vapor Tightness Certificate]

. (4) A vapor-laden gasoline cargo tank[transport vehicle] may be refilled only at installations equipped to recover, process or dispose of vapors. [Transport vehicles] Gasoline cargo tanks that only service locations with storage containers specifically exempted from the requirements of R307-328-5 need not be retrofitted to comply with R307-328-6(1)-(3) above, provided such [transport vehicles]gasoline cargo tanks are loaded through a submerged fill pipe or equivalent equipment provided the design and effectiveness of such equipment are documented and submitted to and approved by the executive secretary.



## R307-328-7. [Leak Tight]Vapor Tightness Testing. (1) Gasoline cargo tanks [tank trucks] and their vapor collection systems shall be tested annually for leakage in accordance with the test methods and vapor tightness standards 

## In 40 CFR 63.425(e), effective as of the date referenced in R307-101- 3, which are hereby incorporated by reference. [by a qualified contractor using procedures approved by the eJcecutive secretary and consistent with the procedures described in R307 342. (2) Gasoline tank trucks and their vapor collection systems shall be tested for leakage annually between December 1 and May 1. (3) The tank shall not sustain a pressure change of more than 750 pascals (3 inches of**H~O)** 

### in five minutes \Jhen pressurized (by air or inert gas) to 4500 pascals (18 inches of**H~O)** 

### or evacuated to 1500 pascals (6 inches of**H~G-)-;-** 

### (4) No visible liquid leaks are permitted during testing. (5) Gasoline tank trucks shall be certified leak tight at least annually by a qualified contractor approved by the eJcecutive secretary.] ( [-6] 

### 2) Each owner or operator of a gasoline cargo tank [truck ]shall have documentation in their [h-i-s-] 

### possession demonstrating that the gasoline cargo tank has passed the annual test in (1) above within the preceding twelve months. [a valid vapor tightness certification, \1hich: (a) shows the date that the gasoline tank truck last passed the Utah vapor tightness certification test; and (b) shows the identification number of the gasoline tank truck.]



# P-4

## ([+]3) [Records of certification inspections]The vapor tightness-documentation described in (2), as well as record of any maintenance performed, shall be retained by the owner or operator of the gasoline cargo tank [tank truck] for a two year period and be available for review by the executive secretary or the executive secretary's representative.

R307-328-8. Alternate Methods of Contro1. 

## (1) Any person may apply to the executive secretary for approval of an alternate test method, an alternate method of control, an alternate compliance period, an alternate emission limit, or an alternate monitoring schedule. The application must include a demonstration that the proposed alternate produces an equal or greater air quality benefit than that required by R307- 328, or that the alternate test method is equivalent to that required by these rules. The executive secretary shall obtain

concurrence from EPA when approving an alternate test method, an alternate method of control, an alternate compliance period, an alternate emission limit, or an alternate monitoring schedule. (2) Manufacturer's operational specifications, records, and testings of any control system shall use the applicable EPA Reference Methods of 40 CFR Part 60, the most recent EPA test methods, or EPA-approved state methods, to determine the efficiency of the control device. In addition, the owner or operator must meet the applicable requirements of record keeping for any control device. A record of all tests, monitoring, and inspections required by R307-328 shall be maintained by the owner or operator for a minimum of 2 years and shall be made available to the executive secretary or the executive secretary's representative upon request. Any malfunctioning control device shall be repaired within 15 calendar days after it is found by the

owner or operator to be malfunctioning, unless otherwise approved by the executive secretary. (3) For purposes of determining compliance with emission limits, volatile organic compounds and nitrogen oxides will be measured by the test methods identified in federal regulation or approved by the executive secretary. Where such a method also inadvertently measures compounds with negligible photochemical reactivity, an owner or operator may exclude these negligibly reactive compounds when determining compliance with an emissions standard.

R307-328-9. Comp1iance Schedu1e. 

## (1) Effective May 1, 2000, all Facilities located in Davis, Salt Lake, Utah, and Weber Counties shall be in compliance with this rule. (2) All other facilities located in Utah, shall be in compliance with this rule according to the following phase-in schedule: (a) Facilities located in Box Elder, Cache, Tooele and Washington Counties shall be in compliance with this rule by April 30, 2009. (b) 

## Sevier, Facilities located in Summit and Uintah Counties Emery, Iron, Juab, Millard, shall be in compliance with



# P-5

## this rule by April 30, 2010. (c) All facilities located in Utah shall be in compliance with this rule by April 30, 2011. (3) If this implementation schedule results in a scheduling and/or financial hardship for an individual facility, that facility may request a six-month extension from the Executive Secretary of the Utah Air Quality Board. A maximum of two sixmonth extensions may be granted. Regardless of extension requests submitted, all facilities must be in compliance with this rule not later than April 30, 2011. (4) A request for an extension must be documented and contain valid reasons why a facility will not able to meet the phase-in schedule indicated in (2) (a) or (b) above. A late start
on preparation or planning is not a valid reason to grant an extension. The request for extension must also contain a proposed implementation schedule that ·shows compliance to this rule at the earliest possible date, but no later than April 30, 2011. (5) The vapor tightness testing standard in R307-328-7 (1) shall apply to tests conducted after April 6, 2011. All gasoline cargo tanks shall be tested using the vapor tightness testing standard in R307-328-7(1) by April 6, 2012.

R307-328-10. Authorized Contractors. 

## (1) All modifications performed on underground storage tanks regulated by Title 19, Chapter 6, Part 4, the Utah Underground Storage Tank Act, to bring them into compliance with R307-328, shall be performed by contractors certified under R311-201.

KEY: air po11ution, gaso1ine transport, ozone Date of Enactment or Last Substantive Amendment: [Ne":=emeer 10,**~]2011** 

## Notice of Continuation: March 15, 2007 Authorizing, and Imp1emented·or Interpreted Law: 19-2-101; 19-2- 104 (1) (a)



# P-6 

# J.

## en •

. hes to beeome 

## OqtlipmeR-.

.

# ~ whe wisn er tigf,.ness 7 342 2.

# Appl..ieahi~:;a;,le •e aRye:! perform vap uired •e Se 1139 

## 07 342 

## is app-

."'O seere•ary •Ra• are req be •es•ed R3 b

. •he e><eeuti,er• vehicles • and •e

.i= ,.J 

### 'If S:i<=i 

### erruipmen 

## "Ualiriea line •ran P 

## eeevery " '-1 

### on gaso . raper r tests
, .tfi nasoline

# ~?8 7

. pee 

### .n ':::! 

### IB07 :n:

. 

## equip d ee ..,Hh ,irement;s. 

## delivery •anle in aeeer aR

.

# 1"€.iea~,ien Re'!" to ner:§orm

## ~e~ Qea%1 l':§ieEI:

## ~ 11397 

### 342 3. 

# cen::: may beeeme qua i reraSle preeedure 

## I11

# .~RY P\ests by• de•ailed and

# a~~su;e/'JaeuUH1 •esL r tigh>ness . a '>riHeR, duet the pr

.bed iR R307 vape 

## I preparing eses •e

# ee~ •s are deser1 by 'lhieh. •_he ies• performance . a leHer reques;: ;

The miRHl\um 342 6; edure wi>_h f •he persen

(2) T e letter o



## issued a ·ear lished Sy• the mweutive 

## ··ill be .: l"d for ene.y-- ,,: ll 

## be aeeemp- l" fied by S 

### ''eeretary va l 

### li:§ieation nl 

### to be reEfua l h 

### a 3) 

## Re qua

. leHer • wHn 

## I ues•ing Sy

# ~ra•ien •es af•er (al req table

# d~ens . a••eRdanee eere•ary; aRd HRing an aee<J!'. scretary in ferm a s . an ae •ary in a f • •e per

. performH>g

. tive seere : . d te per-er. e><eeutive (di

. ef the e><eett

. ed quahhe

. by the d R307

. •he pree . f · ahen 

## e 342 §

# 1:~**sul:>miHine~dure** and quah ie

. and e><pertise 1 

## ef the pre ter1

. . equipment appreva ting eentrae

. facilities,
,,.tfi a l" fled tes " neeessar; "

. •est "' qua i Raving tne

. test1 aRa menstraheR (el atisfaetery eeptable de._ HendaRee. the tests

tative o:§ l':§ieation ••l 

## represenleHer ef requa i essed air,
whieh a

.,.emanlos. 

## strnp eempr

.. d air

# ;-*'&left~ Refll;li 7\ 

### air pump, ther appro"e

. 2 4

# E'!"-~ nfi 

## er 8 n 

## SSHHEO 11397 

### 34. 

## Pressure Seure:i·r er inert gas;,Hieient. te :,,::U:e is 

## I11 s tanks ef preeedure s tmesphene Ph "'aeuUHI



## I21 vaeu ea13al3le e seme me . t

"ng preeedure Fer enemple, f suffieien preduei_ eauired. h. 

## s fuRehen. fllUSt be ethe pressure t



## r is 

## r " lish tni

. h fiese. •e -n wa e ean aeeemp '"aeutHI\ supp Y 

## the taRk eleaRers Pressure. 

## A;;' te reaefi frem (3) " 11 strengt tfi anEI: "a leng , roe. vaeuUffi sou



# P-7

### . t**~**

### q. 

## l Manometer· p, 

### liquid manometer or equivalent instrument

# ::~isi!n**c:fa~l~** ?f

# :easu~ing up to 

## 25 inches of water with sda1e

?

- -**inc~es** 

### o- "ater P. 

## ±tq. · 

### h · " ·'' inc hose to connect the manometer to the adapter tap is recommended. ( 5

# ! Stopwatch. A stopwatch with scale division to one second is required. (6) Adapter. An adapter to connect the pressure vacuum hose to .t.he tank with a shutoff valve to isolate the tank from th

# req~7red pressure vacuum equipment is required. Thee

# req~ires h t ff adapter**~l** 

# ; a s u o valve, a tap to attach the manometer and a

## ~-ee~ "al"e f d' .·· '

## ~ p . t" ?Or a:3usting pressure/vacuUIB to specified le,.els

rior o start of. timed. period. However, each contractor ffiust?use

an adapter compatible with his equipment.**outlc~Z)** dur:?gs .th o:stt caps with good gaskets arc required on all e es

. (8) Prcssurc/VacuUffi Relief Valves. The should be

. · d · h

. test apparatus '?quippc ·,at an in line pressurc/vacuUFfl relief "al"e ::t to

# ac;~vatc at 

## 25. inches of water above atmos.pheric a;d 

## i2

## ca::::t~f**t~::c:h:e;o~1** if. t:e prcssure/vacuUIB. equipment has greater c poin s to prevent possible tanlc damage.



## R307 342 5. Test Preeedures and Preparatiens. ( 1

## l Location· The delivery tank must be tested in a**!ocatio~** 

### '."'here**i~** 

### .will not be subjcct to direct sunlight

# eater~, air conditioners ffiust be turned off during the

. Shop they ·,nll

# affc~t the tank stability. test as (2) Purging the Tank. A good purge is necessary. t'?sting to minimize "vapor growth" problems II

. l '" p 1 before diesel fuel is recommended.· · au ing a oad of (b) A steaffi purge to degas the tank is acceptable

. (c) An. alternate method is to purge with a high volUIBc of air.. For this purge, the hatches arc to be opened and ur e a· or inert gas should be blown through the tank for 30 :F? •

# f ir

more. to degas the tank. This method is not as

# cffcctincm:~u cs or requires a

# m~ch longer time for stabilization during

# th~**tcs~** often . (3) Visual Inspection. While the tank is being purge.cl or i::orcF!o the test, the entire tank should be visually inspc'cted

• ? 

### d;ncc of

.wear, damage or misadjustmcnts that could be a
source o pot.cn.tial leaks. Areas to check arc domes' dome vents

# ;.a~go tanle 

### piping,

# h~se connections, hoses and delivery clbo"s' iny part

# fo~nd defective should be adjusted, repaired or re

# la~ 

# d

as necessary before the pressure test is started p e (4) Vents, Valves, and Outlets. · (a) _The emergency valves in the bottom of the tank must be opened during the purge and then closed to test. t . (b) Open the top vc?ts · If the top vents arc the pneumatic

..yp:, then a shop air line connection must be provided as the

.en s must be in the open ·t · d · closed to test. posi ionuring the purge and then (c) In order to complete th t t ccs , some types of dome vents may have to be replaced. (d) During the test, all compartments must be interconnected

so that the tank may be tested as a single unit. If this cannot



# P-8

### be defie, eac ""'S uith ge :o 0 

### Dust cap

..

(e) cd 

### Procedure. •e ranle, tien

# an~ . ns •- • " outlets. st Prepara dome eever. eenneetie
,. HAuid 

## I5 

## I Prete lose eaeh,

. 8 

### qreund re!RO ,e

# ~

11 (a) Open and t"he static e1-;;treir return hesesfiuinq, insta h CeFEtpartme:i• ee gaskets. te taRk. ± testee as a

## sepa~a 

# t ±±ee eR a± t fflUSt :Se ffiUSt :Se lfiS a

# ~bthe Hquid deh

# i, erJ.e liquid delei;er.;turn hese . hose 

### e£ the aHae

. elbows and sea e><eept the vap vapor return delivery 11 outlets ter to the d

dust caps

# ~~t:eh the test

# h~~:~f valve eles:o. the adapter. and the 

## Ie 

## I• ·th the s u l•· hose ter tap t der test wi-- ressure supp Y 

### to the adap er qaHqe a tanl< 

# ""I Connect the p 1/

## 4 ineh twse f the Hlanemeter



# ..

# ~:!, if 

### applicable an p nd valves if

# pes:~b~~~artment H1an0< l "eats a d as if ea eye ±eve±· a±± iRterRa • t :Se teste l 

### f) OpeR tffleRt mus . ' . eaeh emnpar ' cessHre possible, tank. turn en the pl

. ai£

:as a 

## I

# ~~pa~:!ePressure

# ::::~Hens**ee~le::~** ;dapter f

# ;:.:~: l 

## I With all 

## P\. toff valve rn 

## 18 inches e "

. re in the 

## Ia e en the s u. the tank to '" the pressu d and source andl

.. '\'y. Pressunzt"f ""alve and all:• stabiliEed, rea ressure s "" the shute • ressu<e ha eter. h
p (b)

# Clos~ When the p n the H1aneH1 d reee£d t e stabilue.

. 

## "t.al pressure e then read an

# t-AaT.RH<k<:--ctt-ee~St~t~.·ffl~~e:._:: aad in± i to elapse' adapter ac>d
reeerd the ;:;:., five Hliautes frefll the atH1esphene 

## le),ad pressure. ressure ".""'":he tanl< to 

## I final t1H1e ':iiseem>eet

# th\a~ve to bnnq

. . pressures.

..... id) the shutoff tlw 

### initial than 3.g 

### lm<ly open ssures frefll is qreater in (a) s ure. the final pre . e drop the steps press

# i~ I Subtraet-:-stained

# pres""~- then repeat
If the su h ±eaks aR change iR (f) <epai< t e until the l

·Rches ef water, i·= 'a1 threugh. \fh)' 1 '2 iRch ef water. h 

### (el t 

### ps -" • ' "it-in '



### pressure the arithmetic
, he adapter.

. te the

Calculate h nacuUFfl Test. seurce te t " l"e te evacua



## ,::; I T-e ' 

### raeutHR teff •a '
' enneet the ': en the shu

- tmteff valve.

.Hot as (al C and slowly op nd close the 

# "t stabilize, adJ. l the "aCUUFfl se:irc.e ches ef water a iR the taRk te r racm:lffl uRtl • SH< rn ssure f "a e · thre"qfr:Opeat the s

# e-.~·e runs aqrees

# ~:;o results. (g)

# ~ t e

# ceRsecuti~ ge ef the " Start the ferw · a""era

_____

' lfiC iR (a)

.._.. The steps 

# P-9

# recer~e) Disheoa::::off valve to bnnq

. itial readinq.
·1

. open t e

. from the in than three sle;, y

. al readinq

rn 

### is qreater repaired. pressure. 

# s· btraet the he> d vaeUUH1 lessh 

### located and ----t(-te7)- · u sustaiRe e ffiust :oe ---r.( 

### fc-),-

- If

# th~he leakaqe sou!ebe .repeated.

. hes ef water, threugh (e) mus tank to

- Hlew the pre-

.,. inches 0 .. . 

### readinq (bl

.

# -~e maintain si initial vaeutHRread and necessary biHzes. he time and the elapse, then pressure

# s~eae aRe

# recer~**~ive** miRutes te ter aRe (

c) J\lle..

. the aeap ' · ffla
nemeter. • ter reaeiRg. freffi pherlC the. r:r 

### e:ffle

- seurce l te atmes en the final Hlan ' the vaeuU111

. the tan'

### . throu h (f) until the change in (g) Repeat the steps in (a)

..'o/th'n 1 

### 12 inches of water.

. ti"e runs agree v.i 

### l ' vacuum for two co.nsecu

.

# ~ -- ra e of the two results.

.

Calculate the arithrnet\c .a{ete1 average pressure change in five (8) When the ca cu a and the vaculiffi test are three minutes for both the pressuret::strequirements of the test are inches of water or

# ~e~s, l may be certified leak tight. satisfied and the teste anc m



### R307 342 6. Certi£ieatiee e£ a Deli?ery**~~lt.** 

### . satisfactory d contractor vnll upon

. completion of the vapor

## tig~tness**Tfesdesir~d** each contractor may

· · t·•o copies :c ' · 

### re of certification in,

. the following items a hl

. s 0 , 

### ·n certificate as long as prepare**~-** 

### "
included:

. 1

# ess~re test. (a) Caso inc

v 

### l · delr'ery tan c pr "' (b) Tank owner and address. (c) Tank ±D**nUHlbe~.** 

### (d) Testing location. (e) Date of test.

. (f) Tester name and signature. (g) Company or affiliation of testers. (h) Test data results: (. ) Date of nCJ(t required test· copy that will be made secretary for two years. The tank owner or**opera~or** 

### dl l for certification with the delivery tan c the other copy of**~he** 

### two years for inspection by the eJwcutive secretary· will mark the certified tank (3) The approved

# c;:ont~~:::r "F 

### R TESTED" followed by the belo« the DOT test marking al

.fv'. d'" test The vapor recovery ' f th c1:1rrent certi ie

. l tt rs month and year oe 1 1 

### 14 n 

### high black permanente e test marking shall be at

# ~easlt tte;s and numbers must be of a type

on a white

# bacl~groun~. T

# f~ome a distance of 20 feet for at least that will

# re~ain**legib~e** t d :ticker is acceptable)

. one year (painted or prin e

R307 342 7. Altereate Metsheds

# ~~ c;.e:t::;. 

### mwcutive secretary for ( 1) 

### Any person may app 1 

### th d an alternate method of lt te test me**~o** 

### ' · · approval of an a

# erna~ . . d an alternate emission control, an alternate complia:1:e

# s~~~~:l~. The application must limit, or an

# alterna~e**ffionitor:h~** reposed alternate produces an include a demonstration t?at b f!?t than that required by R307

· · ality**~ene-i** 

### th t equal or greater air ltqu

# ;;;e test method is equivalent to b; 

# ? 342 or that the a er ti''e secretary shall o ain

# req~ired by these rules. The

# "~Jwcuan .ralternate test method, an f EPP ··fien appro-ring · d an concurrencerom1 " an alternate compliance perio ' alternate me.tho.ct of. c.ontro;'an alternate monitoring schedule. alternate emission limit, o t' l specifications, records, and (2) Hanufacturer' s opera ionah 11 

### use the applicable EPA f · control system s a t EPP test
thods or EPZ\

# appro~ e dd ·ti'on the mmer or me ' t l de-'ice. ±n a l ' testings o

# anl~ 40 CFR Part 60' the most recen,the Reference Hetho s

# o~, d state methods, to determine

f · · , of the con re v 

### f record keeping cf icienc:y th pplicable requirements o operator must meet e a



# P-10

## .**~** 

## and monitoring, all tests,, 9 . 

## the owner 

## ' reeerd of maintainedy a·•aHaMe eenHel device: R3Q'7 3 4 2 shal\:: s·hall be mad:ee;etary' s fer any, required by ' 

## of 2 yearn e"eeuhve

1 device

,nspeehens a minilftl!ffi

. er the
, ing centre b

. tfie

:r operator fo_rtive secretary

# "~ny maHune;:e: it 

## is found

# ~eved to tive upon.

. 15 ealen a . unless e the e"eeu_ request. d r days a e thennse 

## app

6 2007 Jantiary 

## 1,

19 2 104 (1) (a)]



# P-11

### NOTICES OF PROPOSED RULES**----"·-~---~-·---** 

### ----

INTERESTED PERSONS MAY PRESENTTHE! IEWS ON THIS RULE BY SUBMITTING WRITTEN C MENTS NO LATER THAN AT 5:00 PM ON 03/03/2011

IN RESTED PERSONS MAY HEA NG REGARDING THIS RUL
+ 0212 011 01:00 PM, DEQ, Room, 

### 19 1950W. Salt Lak

\': airpollution, PMlO, PM2.S, ozone 

### Date of Enactment or Last Substantive (Ne¥emher 19, l098]lill. Notice ofContinuation: March 15, 2007 Authorizing, and Implemented orInterpreted Law: (e) Conference



## Environmental Quality, Air Quality 

# R307-328 Gasoline Transfer and Storage

NOTICE OF PROPOSED RULE (Amendment) DAR 

### FILE NO.: 34349

FILED: 01/06/2011



### RULE ANALYSIS PURPOSE OF THE RULE OR REASON FOR THE CHANGE: Rule R307-328 establishes the Stage I Vapor Recovery requirements for the State of Utah. Stage I gasoline vapor recovery systems are designed to capture the vapors expelled from an underground storage tank (UST) at a gas station when it is being filled. In this process, as gasoline is dispensed into the UST, excess vapors from the UST are transferred back into the tank truck and returned to the tank farm or loading facility where they are reprocessed or burned. Section R307-328-6 requires delivery trucks that service gas stations throughout Utah to be vapor tight and equipped to
recover vapors and return them to the loading facilities. The delivery trucks are required to be tested annually between



### 28 DARFileNo 34350

December 1st and May 1st to ensure that they are vapor tight. In 2009, the Utah Petroleum Marketers and Retailers Association requested a rule change to eliminate the December 1st

- May 1st testing window and allow testing year round. Trucking companies were finding it difficult to complete the testing on all of their trucks during the fivemonth window. In addition, winter is the most difficult time to test and repair trucks becau.se of poor weather conditions. Utah Division of Air Quality (UDAQ) staff reviewed the proposal and determined that there were other reasons to eliminate the five-month testing window. 1) The Maximum Achievable Control Technology (MACT) rule for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations), 40 CFR Part 63 Subpart 

### R, requires an annual vapor tightness test for most ofthe delivery trucks that
are subject to Rule R307-32B. The MACT does not establish
a testing window. It would 

### be more efficient to align with the MACT testing schedule, allowing the owners and operators of these trucks to test trucks when they were scheduled for other maintenance, rather than waiting until the five-month testing window. 2) The five-month testing window causes difficulties for out-of-state trucks that are certified under the MACT, but are not allowed to refuel at Utah refineries because they were not tested within the five-month window. 3) The five-month testing window might be counterproductive in some cases because trucks are not tested in the middle of the summer and leaking trucks may not be identified until the following winter. 4) 

## voe emissions from tanker trucks may 

### be important outside ofthe traditional ozone season of May

- September. EPA has proposed expanding the ozone season in Utah to include the months of April and October, and elevated ozone values have been monitored during the middle of winter in the Uintah Basin. Technical work in support of the PM2.5 SIP has also identified 

## voe as an important precursor for PM2.5 during winter temperature inversions.

SUMMARY OF THE RULE OR CHANGE: The proposed amendments include the following changes: eliminate the five-month testing window, and instead reference the MACT requirements for an annual test; replace the current leak tightness standard (pressure change of three inches H20
over five minutes) with the more stringent MACT standard (pressure change of one inch H20 over five minutes); and
remove the reference to the vapor testing procedures in Rule R307-342 and instead rely on the MACT standard that uses feder;:1I Method 27. (DAR NOTE: the proposed repeal of Rule R307-342 is under DAR No. 34348 in this issue, February 1, 2011, ofthe Bulletin.)

STATUTORY OR CONSTITUTIONALAUTHORIZATION FOR THIS RULE: Section 19-2-101 and Subsection 19-2-104(1) (a)

MATERIALS INCORPORATED BY REFERENCES: +Adds 40 CFR Subpart 63.425(e), published by Government Printing Office, July 1, 2009 +Adds 40 CFR Subpart 63.421, published by Government Printing Office, July 1, 2009

UTAHSTATEBULLETIN, February01, 2011, Vol. 2011, No. 3



# P-12DAR File No 34349

ANTICIPATED COST OR SAVINGS TO:

• THE STATE BUDGET: A possible time savings may be incurred due to the removal of duplicative requirements. No other cost or savings is anticipated for the state budget as this amendment does not create any new requirements
t LOCAL GOVERNMENTS: No cost or savings is anticipated for local government as this amendment does not create any new requirements.

• SMALL BUSINESSES: A possible savings may be incurred by small businesses due to the allowance of testing of gasoline cargo tanks over a longer period of time rather that all at once, and a possible time savings due to the removal of duplicative requirements A possible cost may be incurred if gasoline cargo tanks do not currently meet the more stringent MACT standard.
t PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: A possible savings may be incurred by persons other than small businesses, businesses, or local government entities due to the allowance oftesting of gasoline cargo tanks over a longer period of time rather that all at once, and a possible time savings due to the removal of duplicative requirements. A possible cost may be incurred if gasoline cargo tanks do not currently meet the more stringent MACTstandard

COMPLIANCE COSTS FOR AFFECTED PERSONS: A possible cost may be incurred if gasoline cargo tanks do not currently meet the more stringent MACTstandard.

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: A possible savings may be incurred by affected persons due to the allowance of testing of gasoline cargo tanks over a longer period of time rather that all at once, and a possible time savings due to the removal of duplicative requirements. A possible cost may be incurred 

### if gasoline cargo tanks do not currently meetthe more stringent MACTstandard.

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 atthe Division ofAdministrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO:

• Kimberly Kreykes by phone at 801-536-4042, by FAX at 801-536-4099, or by Internet E-mail at kkreykes@utah.gov

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/03/2011

THIS RULE MAY BECOME EFFECTIVE ON: 04/06/2011

UTAHSTATEBULLETIN, February 01. 2011, Vol. 2011, No. 3 

### NOTICES OF PROPOSED RULES

AUTHORIZED BY: Bryce Bird, Planning Branch Manager

R307. Environmental Quality,AirQuality. R307-328. GasolineTransferand Storage. R307-328-1. Purpose. The purpose of R307-328 is to establish Reasonably Available Control Technology (RACT) for control of gasoline vapors during the filling of [g11selil'le trll:l'lspel't 1ehieles]gasoline
cargo tank and storage tanks in Utah. The rule is based on federal control technique guidance documents. This requirement is commonlyrefenedto as stage 

### 1vaporrecovery.

R307-328-2. Applicability. (1) (TrttMpel'l Vehieles]Gasoline CariOTanks R307-328 applies tothe owneroroperator ofany [geselil'letenktniek; railreeEI tltl'lk eer, er ether geseline tftlmpert 'fehiele]wolinecargo tank that loads orunloads gasoline in Utah. (2) Gasoline Dispensing. R307-328 applies to the owner

or operator of any bulk terminal, bulk plant, stationary storage container, or service station located in Utah that dispenses 10,000 gallons ormore in any one calendarmonth. (3) This rule applies to all [tretl!lpert oehieles]psoline
cargo 

### tanks and woljne dispensing facilities that operate within Utah accordingto thecompliance schedule defined in section 328-9 ofthis rule.

R307-3l8-3. Definitions. The following additional definitions applyto R307-328. "Bottom Filling" means the filling of a tank through an inlet at or near the bottom ofthetank designed to have the opening covered by the liquid after the pipe normally used to withdraw liquid can no longerwithdraw any liquid. 

### [ "Qt1&Jiiietl eent:raet8r" mellft?I a eentrseter nhe hM heePJ qtHtli8e8 h) 

### tt.e e1teet1tioe seerete13 

## m eeeertle:nee

..;thR397 34i! te perf8f'lft •apertightl'less te9ts 81'1 gaseliftetraMpert·1ehieles. ) "Submerged Fill Pipe" means any fill pipe with a discharge opening which is entirely submerged when the liquid level is 6 inches abovethe bottom ofthetank andthepipenormally used to withdraw liquid from the tank can no longer withdraw any liquid. "Gasoline car&o 

### tank" means gasoline cargo 

### tank 

## as <iefined jn 40 CfR 63.42!. effective 

### as of tbe 

### date referenced in R307-101-3. 

### js hereby

### adopted andjncorporated by reference.

R307-328-4. Loadi•g ofTankTrucks, 

### Trailen, Railroad Tank 

### Can,andOtherTransportVehicles. I· (I) No person shall load orpermitthe loading ofgasoline into any pso!ine Cill'.i9 

### tank[tllftk 1Ptlelt; trailer, 

### railreae ttlflk ear, er ether tr81'1!1pert 1ehiele] unless the emissions from such vehicle are controlled by use of a vapor collection and control system and submerged or bottom filling. RACT shall 

### be required and in no

case shall vapor emissions to the atmosphere exceed 0.640 pounds
per 1,000gallons transferred. (2) Such vapor collection and control system shall be properlyinstalled and maintained.

29



# P-13NOTICES OF PROPOSED RULES

(3) The loading device shall not leak. (4) The loading device shall utilize the dry-break loading design couplings and shall be maintained and ope1ated to allow no

more than an average of 15 cc drainage per disconnect for 

### 5 consecutive disconnects. (S) All loading and vapor lines shall be equipped with tittings which make a vapor tight connection and shall automatically close upon disconnection to prevent release of the organic material. (6) A gasoline storage and transfer installation that receives inbound loads and dispatches outbound loads ("bulk plant") need not complywith R307-328-4 ifit does not have a daily average throughput of more than 3,900 gallons (15,000 or more liters) of gasoline based upon a 30-day rolling average. Such installations shall on-load and off-load gasoline by use ofbottom or submerged filling or alternate equivalent methods. The emission limitation is based on operating procedures and equipment specifications using Reasonably Available Control Technology as defined in EPA documents EPA 450/2-77-026 October 1977, "Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals," and EPA-45012-77-035 December 1977, "Control of Volatile Organic Emissions from BulkGasoline Plants." The design effectiveness ofsuch equipment and the operating procedures must be documented and submitted to and approved by the executive secretary. (7) Hatches of 1W91ine carxo tanks(tl'llftSpel'I 1 ehieles) shall not be opened at any time during loading operations exceptto avoid emergency situations or during emergency situations. Pressure relief valves on storage tanks and psoline 

### caJ'.iO lilnks[tl'llll.llpert •ehiele3] shall be set to release at the highest possible pressure, in accordance with State or local fire codes and National Fire Prevention Association guidelines. Pressure 

### in the vapor collection system shall not exceed the gasoline cargo lilllk[ffM31'el'I •ehiele] pressure reliefsetting. (8) Each owner or operator of a gasoline storage or dispensing installation shall conduct testing of vapor collection systems used at such installation and shall maintain records ofall
tests for no less than two years. Testing procedures of vapor collection systems shall be approved bythe executive secretary and shall be consistent with the procedures described in the EPA document, "Control of Volatile Organic Compound 

### Leaks from · Gasoline Tank Trucks and Vapor Collection Systems,• EPA-45012- 78-05 I. (9) Semi-annual testing shall be conducted and records maintained ofsuch test. The frequency oftests may be altered by the executive secretary upon submittal of documentation which wouldjustifya change. (10) The vapor collection and vapor processing equipment shall be designed and operated to prevent gauge pressure in the gasoljne carao tank[lieli1er, i893el] from exceeding 18 inches of water and prevent vacuum from exceeding 

### 6 inches of
water. During testing and monitoring, there shall be no reading greater than or equal to I00 percent of the lower explosive limit measured at 1.04 inches around the perimeter of a potential leak

source as detected by a combustible gas detector. Potential leak

sources include, but 

### are not limited to, piping, seals, hoses, connections, pressure or vacuum vents, and vapor hoods. In addition, no visible liquid leaks are permitted during testing or monitoring.

30 DAR File No 34349

R307-328-S. StationarySourceContainerLoading. (1) No person shall transfer or permit the transfer of gasoline from any mo!ine cargo tank[deli'f'eFY 1essel (i.e. t1111:k trtiek 

### er tfeiler)] into any stationary storage container with a capacity of250 gallons or greater unless such container is equipped with a submerged fill pipe that extends to no more than twelve inches from the bottom ofthe storage tank for fill pipes installed on

or before November 9, 2006, and no more than six inches form the bottom ofthe storage tank for fill pipes installed afterNovember 9, 2006, and at least 90 percent of the gasoline vapor, by weight, displaced during the filling of the stationary storage container is prevented from beingreleased to the atmosphere. This requirement shall not apply to: (a) the transfer of gasoline into any stationary storage container ofless than 550 gallons used primarily for the fueling of implements of husbandry if such container is equipped with a permanent submerged fill pipe; (b) the transfer of gasoline into any stationary storage container having a capacity of less than 2,000 gallons which was installedpriorto January 1, 1979, ifsuch container is equipped with

a permanent submerged fill pipe; (c) thetransfer ofgasoline to storage tanks equipped with floating roofs or their equivalent which have been approved by the executive secretary. (2) The 90 percent performance standard of the vapor control system shall be based on operating procedures and equipment specifications. The design effectiveness of such equipment and the operating procedure must be documented and submittedto andapproved bythe executive secretary. (3) Each owner or operator ofa gasoline storage tank or the owner or operator ofthe gasoline camo tank[delivery 1essel] subject to (1) above shall install vapor control equipment, which includes, but is not limited to: (a) vaporreturn lines and connections sufficiently free of restrictions to allow transfer of vapor to the gasoline**car~** tank[eleli¥er, 1e!sel] orto the vapor control system, and to achieve the requiredrecovery; (b) a means of assuring that the vapor return lines are connected to the gasoline CAfiO tank[eleli"e" 'te3sel), or vapor control system, and storagetankduringtank filling; (c) restrictions in the storage tank vent line designed and operatedtoprevent: (i) the release of gasoline vapors to the atmosphere during normal operation; and (ii) gauge pressure in the gasoline cmo 

### tank.[8elt¥ery- ¥899el] from exceeding 18 inches of water 

### and vacuum from exceeding 6 inches ofwater.

R307-328-6. 

### Gasoline CaaoTank('lftnspertlJehiele•I· (1) Gasoline 

## carao tanks[tl'en!pel'I ·1ehieles) must be designed and maintained to be vapor tight during loading and unloading operations as well as during transport, except for normal pressure venting required under United States Department of Transportation Regulations. (2) Thedesign ofthe vaporrecovery system shall be such that when the gasoline cargo tank(deli·1ery tank] is connected to an approved storage 

### tank vapor recovery system or loading terminal, 90%vapor recoveryefficiencies are realized. The connectors ofthe [deli•·ery ter1k3)gasoline cvgo tanks shall be compatible with the



### UTAHSTATEBULLETIN, February01, 2011, Vol. 2011, No. 3



# P-14

### DAR File No 

### 34349

fittings on the fill pipes and vapor vents at the storage containers and gasoline loading terminals where the [tleli1er)' teflk]ilasoline cargo tank will service or be serviced. Adapters may be used to achieve compatibility (3) No person shall knowingly.allow the introduction of gasoline into, dispensing of gasoline from, or transportation of gasoline in a gasoline can:o tank that does not meet the leak tight testinil m1uirements of R307-328-7[l!'enspert 1ehiele withelit e elirrerttl:Jteh Va,er "Fightt1ess Certificate]. (4) A vapor-laden ii:asoline cargo taok[tr11nspert \ehiele) may be refilled only at installations equipped to recover, process or dispose of vapors. [Transpert .,•ehieles]Gasoline cargo tanks that only service locations with storage containers specificallyexempted from the requirements of R307-328-5 need not be retrofitted to comply with R307-328-6(I)-(3) above, provided such [trlll'lspert**~]iasoline** cargo 

### tanks are loaded through a submerged fill pipe or equivalent equipment provided the design and effectiveness ofsuch equipment are documented and submitted to and approved bythe executive secretary.

R307-328-7. [LeakTi&ht]VaporTightness Testin&· (I) Gasoline cwo 

### tanks [tank 8tteks] and their vapor collection systems shall 

### be tested annually for leakage in_ accordance wjth the test methods and yapor tiibtness standards in 40 CFR 63.425(e). ctfectjve as ofthe date referenced in R307-IOl3. which are hereby jncoeporared by reference.[by 11 t'jlilllifietl eenlr!teter liSing preeetllires eppl'61etl I!) the eiteet1ti·1e secreter, Mileensisteftt nitftthepreeed'tll'es tleserihed 

### in R397 342. (2) Gll!leline t8ftk 

### trtteks Mt! their 111per eelleetien
S)steft'l9 shall ee testetl fer leaifttge 81\rtttllll) eet

..een 9eeerfleer I 

## Me May I. (3) 

### The tank shall net sttStain e press'tll'e**eh811~** efmere than 7S9 pascals (3 inches ef H;aO) in fhe minlftes 1vhet1 presSlirizetl (b) air er inert gas) te 4S99 pascals (18 it1ehes efll;aot

ere1aeliatet! te 

### 1S99 paseals (6 inches**efH~Qt,** (4) l'te ·1isiele liq\titl leaks are permitted

### tk:trittg testing. (S) Gaselit1e tartk tl'tleks shall 

## ee eertifietl leek tight at leasl 81tftt18:ll'**~** a t'jlllllifieli eefttrlleter appre1eli e) the elteetlthe seeretBty.] ([6]4) Each owner or operator ofa gasoline**~tank** [trliek-]shall have documentation in thm[IM] possession demonstrating that the a.asoline 

### C!U'iO tank bas passed the aonual
test in (l) aboye wjthjn the precedingtwelve months.(11 1alitl "saper tightness eertifieatien, '>vhieh: (a)**shew~** the**~e** that the gaselirte tmikf!'liek last passed the Uteh •apertight11ess eertifieaaen test, Md (b) she"sl'S the identitteatien flttmher efthe gaseline tank fftle!t] ([7]l) [aeeerlls ef eertifieatieft iflspeetiens]The va,por ti@tness documentation 

### c!esccibed in <2l, as well as record ofany maintenance performed, shall 

### be retained by the owner or operator ofthe gasoline cwo tank[fllnk tfliek] for a two year period and be available for review by the executive secretary or the executive secretary's representative.

R307-328-8. AlternateMethods ofControl (I) Any person may apply to the executive secretary for approval ofan alternate test method, an alternate method ofcontrol,

UTAHSTATEBULLEnN, February 01, 20ll,Vol. 201 l, No. 

## fNOTICES OF PROPOSED RULES

an alternate compliance period, an alternate emission limit, or an alternate monitoring schedule The application must include a demonstration that the proposed altemate produces an equal or greater air quality benefit than that required by R307-328, or that the alternate test method is equivalent to that required by these rules. The executive secretary shall obtain concurrence from EPA when approving an alternate test method, an alternate method of control, an alternate compliance period, an alternate emission limit,

oran alternate monitoring schedule. (2) Manufacturer's operational specifications, records, and testings of any control system shall use the applicable EPA Reference Methods of40 CFR Part 60, the most recent EPA test methods, or EPA-approved state methods, to determine the efficiency ofthe control device. In addition, the owner or operator must meet the applicable requirements of record keeping for any control device. A record of all tests, monitoring, and inspections required by R307-328 shall 

### be maintained by the owner or operator for a minimum of 2 years and shall 

### be made available to the executive secretary or the executive secretary's representative upon request. Anymalfunctioning control device shall

### be repaired within 15 calendar days after it is found by the owner or operator to be malfunctioning, unless otherwise approved by the executive secretary.(3) For purposes of determining compliance with emission limits, volatile organic compounds and nitrogen oxides will 

### be measured bythe test methods identified in federal regulation

or approved by the executive secretary. Where such a method also inadvertently measures compounds with negligible photochemical reactivity, an owner or operator may exclude these negligibly reactive compounds when determining compliance with an emissions standard.

R307-328-9. ComplianceSchedule. (I} Effective May I, 2000, all Facilities located in Davis, Salt Lake, Utah, and Weber Counties shall be in compliance with this rule. (2) All other facilities located in Utah, shall be in compliance with this rule according to the following phase-in schedule: (a) Facilities located in Box Elder, Cache, Tooele and Washington Counties shall 

### be in compliance with this rule by April 30, 2009. (b) Facilities located in Emery, Iron, Juab, Millard, Sevier, Summit and Uintah Counties shall be in compliance with this rule byApril 30, 20I0. (c) All facilities located in Utah shall 

### be in compliance with this rulebyApril 30, 2011. (3) 

### If this implementation schedule results in a scheduling and/or financial hardship for an individual facility, that facility may request a six-month extension from the Executive Secretary ofthe Utah Air Quality Board. A maximum oftwo sixmonth extensions may be granted. Regardless ofextension requests submitted, all facilities must be in compliance with this rule not laterthanApril 30, 201 I. (4) A request for an extension must 

### be documented and containvalid reasons why a facility will not ableto meet the phasein schedule indicated in (2Xa) or (b) above. A late start on preparation or planning is not a valid reason to grant an extension. The request for extension must also contain a proposed

31



# P-15

# . . . 

# .

NOTICES OF PROPOSED RULES

implementation schedule that shows compliance to this rule at the earliest possible date, but no laterthanApril 30, 2011 IS> 

### The vaoor tightness testing standard jn R307-328-7Cll shall a,pply to tests conducted afterApril 6. 

### 2011. All gasoline cafiO 

### tanks shall be 

### tested usjng the vapor tightness testing standard in. R'.107-328-7( 

### n bv 

### Amil 6. 2012.

R307-328-10. Authorized Contracton. (I) All 

### modifications performed on underground storage tanks regulated by Title 19, Chapter 6, Part 4, the Utah Underground Storage 

### TankAct, to bring them into compliance with R307-328, shall be 

### performed by contractors certified under R3 ll

### 201.

KEY: airpollution, gasolinetransport, ozone Date of Enactment or Last Substantive Amendment: (Ne·mnller

### HI, 2941812.W Notice ofContinuation: March 

### 15, 2007 Authorizing, and Implemented or Interpreted Law: 

### 19-2-101; 19-2-104(I)(a)



# Environmental Quality, Air Quality 

# R307-342 Q lification ofContractors and Test P cedures for Vapor Rec very Syste s for Gasoline Deliv ry Tanks

RUL AN :VSIS PURPOSE OF THE R OR REASON FOR THE CHANGE: Rule R307-34 perform tests of the va r overy systems to follow specified procedures an to b qualified annually by the Executive Secretary. Th Utah Air uality Board is proposing changes to Rule 307-328, ending the testing requirements for tru s and replaci it with the federal Maximum Achiev le Control li 

### hnology (MACT) requirements. Th ACT does not requir a certified Tester; therefore, the tes method and the certificat n requirements in Rule R307- 2 are not needed. (OAR OTE: The proposed am dment to Rule R307-328 is un r DAR No. 34349 in this · sue, February 1, 2011, of the Bullet1 . )

SUMMAR OF THE RULE OR CHANGE: The Utah Air Quality oard is proposing the repeal of Rule R307-342. Concur ntly to this repeal, the Utah Air Quality Board is propo ng changes to R307-328, removing the reference to the te ting and certification requirements contained in Rule

32 DAR File No 34349



### R307-342, thus making Rule R307-342 no longer ne ssary.

ule R307-342 is repealed in its entirety.

S TUTORY OR CONSTITUTIONALAUTHORI THI RULE: Subsection 19-2-104(1)(a)

ANTIC ATED COST OR SAVINGS TO:

• THE TATE BUDGET: No cost or saving is anticipated to the stat budget as previous certifi tions of testing contracto fees paid for the review ofapi:i cations.
+ LOCAL OVERNMENTS: No cost or vings is anticipated for local go mment as this action doe not create or remove any require nts for local govemmen +SMALL BU INESSES: A savings ill be incurred by small businesses du to the removal of requirement for testing contractors to certified by the S te of Utah Division ofAir Quality (OAQ), nd a possible ·me savings due to the removal of dupli tive requireme
+ PERSONS THER TH SMALL BUSINESSES, BUSINESSES, 

### 0 LOCAL G ERNMENTAL ENTITIES: A savings will be i urred b persons other than small businesses, busmes es, or ocal government due to the removal of the requ emen for testing contractors to be certified by the State of tah DAQ, and a possible time savings due to the remo al f 

### duplicative requirements.

COMPLIANCE COSTS costs are anticipated for not create any new req e RAFFECTED PERSONS: No cted persons as this action does nts.

COMMENTS BY T**~** 

### BE INSPECTED, DURING REGU R BUSINESS HOU S, AT: ENVIR NMENTAL QUALITY AIR Q**~LITY** 

### FOUR H FLOOR 195 N 1950W SALT KE CITY, UT 84116-3085
or at he Division ofAdministrative

DIRECT

## au STIONS REGARDING THIS RU

• Kimberly reykes by phone 

### at 801-536-4 801-536-40 9, or by Internet E-mail at kkreykes

INTERES ED PERSONS MAY PRESENTTHEIR EWS ON THIS RU E BY SUBMITTING WRITTEN COMM NTS NO**LATER~** 

### ANAT 5:00 PM ON 03/03/2011

IZED BY: Bryce Bird
, Planning Branch Mana r



## -----------------------

UTAHSTATEBUUETJN,

### February01, 

### 2011, Vol. 2011, No. 

### 3



# P-16DAR File No 34349



### ----------------···------------·-

KEY: airpollution, soline transport, ozo Date of Enac ent or Last Substanri Amendment: 

### (.. 11fil.l Notice of Autho · g, and Implemented or Interpreted Law: 19-2- 4(1)(a)



## Environmental Quality, Air Quality 

# R307-342 Qualification ofContractors and Test Procedures for Vapor Recovery Systems for Gasoline DeliveryTanks

NOTICE OF PROPOSED RULE (Repeal) DAR FILE NO.: 34348

FILED: 01/06/2011

RULE ANALYSIS PURPOSE OF THE RULE OR REASON FOR THE CHANGE: Rule R307-342 requires the contractors that perform tests of the vapor recovery systems to follow specified procedures and to be qualified annually by the Executive Secretary. The Utah Air Quality Board is proposing changes to Rule R307-328, amending the testing requirements for trucks and replacing it with the federal Maximum Achievable Control Technology (MACT) requirements. The MACT does not require a certified Tester; therefore! the test method and the certification requirements in Rule R307-342 are not needed. (OAR NOTE: The proposed amendment to Rule R307-328 is under DAR No. 34349 in this issue, February 1, 2011, ofthe Bulletin.)

SUMMARY OF THE RULE OR CHANGE: The Utah Air Quality Board is proposing the repeal of Rule R307-342. Concurrently to this repeal, the Utah Air Quality Board is proposing changes ·to R307-328, removing the reference to the testing and certification requirements contained in Rule

32 

### R307-342, thus making Rule R307-342 no longer necessary. Rule R307-342 is repealed in its entirety.

STATUTORY OR CONSTITUTIONALAUTHORIZATION FOR THIS RULE: Subsection 19-2-104(1)(a)

ANTICIPATED COST OR SAVINGS TO:
+ THE STATE BUDGET: No cost or savings is anticipated to the state budget as previous certifications of testing contractors fees paid for the review ofapplications.
+ LOCAL GOVERNMENTS: No cost or savings is anticipated for local government as this action does not create or remove any requirements for local government. +SMALL BUSINESSES: A savings will be incurred by small businesses due to the removal ofthe requirement for testing contractors to be certified by the State of Utah Division ofAir Quality (DAO), and a possible time savings due to the removal of duplicative requirements.
+ PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: A savings will be incurred by persons other than small businesses, businesses, or local government due to the removal of the requirement for testing contractors to be certified by the State of Utah DAQ, and a possible time savings due to the removal ofduplicative requirements.

COMPLIANCE COSTS FOR AFFECTED PERSONS: No costs are anticipated for affected persons as this action does not create any new requirements.

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: A savings will be incurred by businesses due to the removal ofthe requirement for testing contractors to be certified by the State of Utah DAQ, and a possible time savings due to the removal ofduplicative requirements.

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.

DIRECT QUESTIONS REGARDING THIS RULE TO:
+ Kimberly Kreykes by phone at 801-536-4042, by FAX at 801-536-4099, or by Internet E-mail at kkreykes@utah.gov

INTERESTED PERSONS MAY PRESENTTHEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/03/2011

THIS RULE MAY BECOME EFFECTIVE ON: 04/0612011

AUTHORIZED BY: Bryce Bird
, Planning Branch Manager



### UTAHSTATEBULLETIN, February01, 2011, Vol. 2011, No. 3



# P-17

### DAR File No. 34348

R307. Environmental Quality,AirQuality. 

### {R397 341.· Q11&lifieatton ef Ce11tr1eters anti 

### Test Preeetl111 u 

### fur 'leperReee,H' S19tc1119 fer C11eli11e Delite..,· 1'1111111. R397 341 1. 

### Parpese. The l'ttrpese efR397 342 is te estsbli!h the reqttirel!'ler1ts fer the qttalifleatieft efeer11raeters te 11erfeFPP1
,aper tightr1ess tests eri g89elil'le trnnspert '•ehieles eqt1ip11eel ''ith •aper rcee·,e" eqt111'l!'leP1t.

R3Q7 3411. licppli:eabilit,. R397 342 is applieable te ar1yet1:e ohe v.ishes te 

### beeeMe qtttlliiieel h)' the exeetlti•e seerctaf) te perferm •ape1 tigMness tests

en ga!elir1e transpert tehieles that 

### are reqttireel le be eqtti1111eel ''ith g89eliAe •aper reeeve., eqttipFl'lellt 11!8 le be lesteel in aeeerea11ee

..ith R397 328 7.

R3Q7 341 3. CentraetorQHlification Req11ire111ent9. (1) 

### An) perseA "'8' beeeMe qltllliflee te perfeFPl'I delhe., tal'lk ·ra11ertightl!ess tests

## e:i·. (a) preparing 11 "'Tittel!, detailed ll!!EI apprerable l'f8eedttre b'.1 Ii

### hieh fhe per98!! prepese9 te eenanet the 

### presst1ref\aettt1m test. The Miflift'lttM 

### te!t pcrf&PManee reettt:itteMeftt! 

### a1e Eleserihee ill R397 342 S8ftti R397 342 6; (b) sttblftitting the preeeettre with 11 

### letter req11estil!g appl'6 •al ef the preeeiltire a11el qttalifleatie11 ef the peP9eft as a qttaliiieEI testiHg eefttraeter, (e) haiit1:g the t1:eeessm, faeilities, eqttipMeftt MEI**~pertise** 

### te perfePl!I: 11 satisfaeterytest; Mel (a) perfe!'lfting an aeeeptllble elememt1atien test /;ith a representeti•e efthe exeetttiue !eeretm; 

### ift attenciMee. (2) The perse11 eetert!M!!ed qttalified te perferPl'I the tests ""ill be isst1ed a letter ef q'tlftlifieatieft "' the eeettti1-e 

### seeretm, 1alie fer efte '.)ear. (3) Re tJ:ttalifieatiel'I "illbe aeeemplishee h). (a) rcq11estit1:g "' letter te be 

### rcqttalifieel b'.) the 

### eKeet1ti·1e seeretm,, and (b) perfe!'lfti11g 111'1 

### aeeeptllble elel!'lenstratieft test "ith a 

### representa:ti u

### e efthe eM:eettthe seeretecy ift attefttlanee after rAtieh a letterefrettttalifieatiel'I\till be seftt.

R3Q7 341 4. 1£q11ip111entRe1111ire111e11t1. (I) Pressttre Selll'ee. An air l'tlft'IP, shep eemprcsseti air, eempre99eel gas taults ef air er it1:ert gas, er ether nppreved air presstlfe predtteing settree er preeed11re sttftieient te pres!'tlrie the ta"k te 

### 18 inehes ef u11:ter 8"e•e flttnell'herie pre!Jtll'e i:1 l'e(fHiPe8. 

### Se"'e Meelel!I 

### ef reweP!ihile tank t,sse shep •aettttm eleMer! oill perfeFPl'I adeqttately. (2) Vaettttm Settrce. A 'laetttilft p111!1:p er ether lll'l'Pe 1eel

• aettttll'I prelt11eing preeelittrc eapahle ef e•aettating the tank te 6 · inehe3 ef nMer i! reetttiPed. Fer eMttll\l'le, !tetne ttteelelJ ef sheJ'

•aet1tHft 

### eleenePS eu

### aeeernplish this fttftetieft. 

### (3) Pressure. A\'ftetltllft 

### s11ppl'.) hese mmthe efNflieieftt**len~** 

### an8 nail s!rength: te reaeh fre!l'I 

### the teftk te the prcssttrc·

•ae1111m so11ree. (4) Mat1e!l'leter. A liqt1iel l'l'ltll'lelfteter er eqttiw11leftt ir1strul!'lel'lt lftttst be eapable ef!l'least1rit1:g tip te 

### 2S i!!ehes ef oater '+Vith seale di.isien ef 9.1 i!!the:! ef nater. A 

### 114 ineh hese te een11eetthe 

### maneMeterte the aElaJJtert9J' i9 

### reeetnMerule8.

UTAHSTATEBUUETIN, 

### FebruaryOI, 2011, Vol. 2011, No. 3 NOTICES OF 

### PROPOSED RULES

(S) Stepnateh. A ste11neteh •titft seale Elitisiel'I te er1e seee11e is req11iree. (6) 

### Adapter. AH aelap!er te eeftfteet the pre9!11re vaettt1Fl'I hese te tlo!e ltmk mth a shttteffnl•1e te iselate the taHk frem the rettttirce pressttre ;aett11l!'I etJ:11iplfteP1! is rettttired. The aeap!er req11ircs a shttte#f
,alte, a tap te 

### ltf!aeh the manell'leter, and a bleed

,alle fer aejt1stit1:g press11reAaettttl!'I te speeifiee le·,els prierte stllft ef till'led peried. Hene1er, eaeh eel!traeter lfttt9t tt5e 1111 

### adapter eefftpatible nith his eqttipll'leftt. (7) Caps. Dtti!t

### eft1'9 • ith geed gt19ltets arereqttired enall etttlets et1rit1:g the test. (8) PrcssttreA'aettttft'I ReliefVahes. The te9t appftl'flttts she11ld be 

### eqttipf!ed 11'ifh 8ft

### i11 line pres9ttre/;aetttllft rcliefval·1e set te aeti,ate at

### 2S inehe! ef

### ureter ahe•e atmespherie anti 12 inehes ef 

### Yiater helew ifthe presSttrel•lletltllft eqttipment has gre11ter eapaeity thanthe setpeiftt! tepreYefttpessible tftftk Elaft'lage.



### R397 342 5. Test

### Preeell•res 11ntl Preparatien1. 

### (I) Leeatieft. The deli 1

### e., 

### tank mtl!t 

### be testee in a leeatien 

## •mere it v.ill Het be sttbjeet te Elircet st1t1:light. Shep heater91eir ee11eitie11er9 ITllUl be tttmeel effetll'iftg the test 89 

### !hey nill affeetthetankstftbilit). (2) Pttrgingthe 

### 111111<. Ageed pttrge is fteeeH_.,.**(~** 

### The taftk lftt!St be eMptiee ef gaselit1:e lll'IEI ·1apers heMre testing te MittiMi!K! 

### "raJ'er gt\'

### rift" 

### prehlel't!!I. IIat1Jing a lead efdiesel fttel is rceemme11aee. (b) A !te81Tl 

### pttrgete eegas thet81'1k is aeeeptable. (e) 

### Aft aiteftlate methed is teptll'ge with a high vekttfte ef air. Fer 

### tfti! pttrge, the 

### hatehe9 ere te he epetted mul**1'~** air er 

### iftert g89 

### Shettle! ee hie •lft 

### threttgh fhe tauk fer 39 ll'linttte9 er mere te lieges thetaftk. This lftetfteel is ftet as effeeti'le 

### and eftenrcqttircs

a ft'ltleh let1:ger time fer stabilimtieft llt!ring the test. 

### (3) \'isnel lnspeetieft. \¥hile the tl!ll1k i9 being p11rged, er prier te the test; 

### the e11tire tank she11lli be l'isnell' impeetee fer e·+•idenee ef .1e11r, damage er misadjtt!tlfteftt! that eettld be a set1ree efpetet1:tial leeks. Areas te eheek arc elelftes, deme •entl, earge tlHtk 

### piping; he!e eeNteetieBJ, laeses 

### Mtfl elelirel') elheru!I. 1\!t) J'ftrt 

### fi!ttt1:8 defeeti
,e shettle be 81ij11stea, repaired er rcplaeee as 1,eee!l!arybefere theprcHttPC test is startee. (4) Veftt!, Val,es, ane Otttlets.**(~** 

### The elfterget1:ey
,at.es ift the bettelft efthe tank mttSt be 

### epefle8 littringthe pttrge llt'le theft eleseli te

### test. (b) Ope!!: the 

### tep Veftts. 

### Ifthe 18J' 'lel'lt9

### are the p!l:elllftatie t)

### pe, theft a shep llir line eeMeetien Mtl!t be previtled II! 

### the 1

### eftt!! fl'lml 

### be ift the epet1 pesitiel! tlttring the pttrge and the!! elese8 te test-, 

### (e) Jn erlier 

### te eel!'lplete the test, !'.lel!'le types ef ee1T1e 'eftts fl'IB) 

### ha.eteeereplaced. (ti) 

### E>ttring the 

### test, 1111 eelftpaJ'tlftents lfttt!t be il'ltereenfteeted se thattl\e tank**"'~** 

### be testea as asingle tlftil lfthi1 eanft6t be eel'll!, eaeh eelftpartMCl'ltft'ltlst he testeti as a separatetanlt. (e) I>t!st l!afl'**.~th** 

### geee geslfet!I lftt1st be it1:stalleel el! all

(S) Pretest Preparatiel! llft6 

### Preeetittrc.**(~** 

### Open 

### and ele9e eaeh delfte ee•er. (b) Cenneetthe 

### statie eleetrie gretlfltl ee11tieetiens te

### tani<, 11ttaeh tfte liqtticf eeli1 e,, 11118 1

### ll!'eP rettrrn hese9, PClfte 1 e liqtlia eeliter) ell!e

..s anti seal the liqtlia deliie., hese fittiftg, install dtt9t e11ps eft all etltlet!exeept the

## '•Ill'"' retttm hese.

33



# P-19

### NOTICES OF PROPOSED RULES

(e)**A~aeh** 

### the test all111"ter te the
,11per rett1P11 hese efthe lllf!k 1:111ile1 test "iththe sh11telfYaheelesell. (d) CeAneetthe pressttre sttppl) hese te the ttdftt!ter. (e) Ce1111eet the It4 

### ineh hese te the 11aapter kip and the ffl8fl6ffleter ifap..,lieaele llfld pesitien efthe ma11emeter erga1:1ge at e)e level. (t1 

### Open all iftlel'llal Yents 111111 -.ah·es ifpessiele. Ifnet pessiele, etteh eempertnaent mttst be te3ted as 

### it' eaeh een1partll'leftt
.,119 

### a se..,11rate lllflk. (6) 

### The Press1:1re Test. (11) With all prel"81'atiens eemplete, lllrn e11 the l"ressttre se1:1ree llftti epen the shllteft" ·,•air,e in the adapter te apply 11ir pressttre s\e

..1)1. 

### Presstlf'i!!!e the tttnk le 18 

### inehes efoater. (e) Giese the shtttelf oalve Mti allew the press1:1re i11 the tank te stehilii!e. When the pressttre h11S slllhilized, rettd Md reeerd lfle time ttnd initi11l 1"1ess11re enthe mMemeter. (e) Alie" H1e Minlltes le elftt!se, the11 read enlf 1eee1d the +i11&I 

### time B:ftcf 

### pressttre. (ti) E>iseenneet the pressttre se1:1ree frePl'I the ad11pter and sle•Vly epe11 the shutetf •ah

### e le 

### hring the tank 

### te atrnespherie• l"resst!re. (e) St!htraetthe fi11al press1:1res frem the initial Jlressttres. (t) 

### If the st!stlliMd Jlress11re 81'6p 

### is greate1 th811 3.9 inehes ef "ater, repair the leaks anti then repeat the steps in (ft} 

### thre1:1gh (e). (g) Repeat the 

### steps ifl 

### (a) threltgh (t) 

### 1:1ntil the ehenge in press11re far f'>o'6 eenseel:tlive nins agrees "'ithin**I~** 

### ineh efwater. Celettlatethe arithmetie 11ver11ge efthetwe res1:1lts. (7) TheVeet!tllft Test (81 

### Cet'lfteet**~** 

### •aetttlfft 

### se11ree te the adttpter. StllPt the

•aet!lflft se1:1ree 1111ti sle•nly epen the shtlleff'<'&lw te 

### e•1aet1ate the tttnkte siK inehes efwaterand elesethe shtlleffoahe. (h) Alie" 

### tJte pre!m1re in the lllftk le sllll!ilii!e, aEijtl9t as MeeS!l&IJ te Maiftlllin siK inehes efnater oaet11tll'l 1:111HI the pressttre sllleilii!es.(e) Read anti reeertf the time anti the initial "<'8etltlm reetiing e11 the lft9ftelfteter.**.~1lev1** 

### the mint!tes te 

### elftt!se, 

### the.. react and reeerlfthe Hrial n111f18fl'letet' rea&ing. (ct) E>i9eeflfteet the ·.-1:11:111'1 settree fioePl'I the ttd&J!ter, anti slewly el'en tfte shtttetf •alte te hring the tank te atrnespherie
J'Pel9tlfC. 

### (e) &t!tftreettfte final reaetngfrern the initial reaaing. (t) 

### If the st19tained wae1:11:111'1 less is greater then 

### thtee i11ehes efwater, the leakage set1ree fl'll:l9t 

### he leellteti anti repaired. The steps i11 (a) thre1:1gh (e) fl'll:l:9t he repeatee.**(~** 

### Repeat the steps i11 (a} 

### tluettgl1 (t) 

### 1:111til the ehange in 'iaett\11'11 fer wre eefl!leetttive l'lift9 

### agree within l/!l inehes ef oater. Cttle1:1late the lll'ithmetie average efthel\ve res1:1lts. (8) Whe11 the 

### eale1tlatea a,erage pressttre ehange in H

### 1-e mintttes fer heth the preS!t!re 

### test ane the •&el:ltllft 

### lest are three i11ehes ef '"ater erless, the re111:1ire1uents efthe 

### test are slltistieti anti thetestedtankmlt)I he eertifietf leaktight

R397 34i 6. 

### Certitieatioa efa DelioeryTanlt. (I) The appre•eti 

### eentrtteter 

### <'•"ill ttpen satisfaetery eempletien efthe •

### ftt!er tightness test eemplete the 

### EleeumeMetien ef eettitteatien in hw<e eepies. If 

### desireti, eaeh eentraeter Mil)'



### 34 DAR File No. 34348

prep11re his ewfl eertiHeate 119 

### Ieng 119 

### tke falie"i11g ilell'ls llf'e inelttlleti. (81 

### G119eline Eleliveey ia:t1kpressttre test. (h) 

### Tank ewnerllftti 11dtiress. (e) Tank IE> nulfther. (ti) 'Jesting lee11tie11. (e) 

### E>11te eftest. (t) 

### "fe3ter !18!'fte anti signatl:lre

. (g) 

### Cempltll) erafttliatie11 eftesters. (h) Test tfeta res1:1lts. (i) 

### E>ate efne!lftre111:1ired test (2) The eentraeter will keep ene ee"' that will he mttde 111llilahle fer 

### i11speetien h'.) the eitee1:1ti•e seere181''.) fer hoe )ellf's. The t&Ak eomer er eperater 

### •;,ill l<eep the ether eepy ef the eertiiieatien wit!-. the 

### eeli.ery timk fer t•;,

### e '.)ears 

### fer irispeetie11 h)I 

### the exeel:tli•1e seerelllry. (3) 

### The appre1ed eentraeter nill 

### 1P1111k the eertifieti tank eelen the 90Ttest marking nith "Y.R 

### TEiSTB9" felle

..eti hy the menth anti )

### ear eftlte e1:1rrent eertifieti test

..The¥aper reee•eP) test merking shall he at least 1 1/4" 

### nigh hlaek pern1anent letters en II 

### 1.+tite heekgret!11ti. The letters and n1:1mhers lftttst he efa t)pe that 

### ,,;11 remain legihle frem a lfistanee ef29 feet far at least ene year (painteti erpri11teti stieker is aeeeptahle).**~87** 

### 341 7. AlternateMethod• ofContrel. ( 1 ) 

### An) pel'98n may appl'.) te 

### tJte eKee1:1the seeret81') far apprewal efan alternate test

### methetl, 

### an altel'l!ate methea efeentrel,



### an alternete eemplianee perietl, 811 

### alternate emissie11 lifllil; er 811 

### 11lternate me11itering 96hedttle. The applieatien Mtl9t 

### inelt!de a iieftl8ftslretien thet the 

### prepesea altel'Nlte pre81:1ees 811 

### ettt11tl er greater llir ttttalify heneHt tllen that 

### re111:1ired hy R397 342, er that the 

### alternete test ft\ethecl is 

### e!\\li··alent te that 

### reE!'diretf hy these r1:1les. The eiteel:tlir,e seeretaf)' shall ehtai11 ee11et1Pfe11ee frem 

### EPA

,.hen appre•,ing 

### an alte1'118te test ft'lethed, 811 

### alteP1111te metheti ef eentrel, an altel'Mde ee1P1plianee perietl, 

### an altemate emissien liMit;

eran altemete me1titering sehect11le. 

### (2) J.IMafeemrer's**e~atiePtel** 

### 5peeii1eatletc!I, reeertls, a11e testings ef M) 

### eentrel !l'.)'lltefl'I 

### shell me the 11pplieehle 'SPA R:eferenee Metheds ef 49 CFR: Part 69, the mest reeent EPA test rnethetl1, er EPA appre1ed slllte metheds, le 

### tfetePMiM the eftieie11e) ef

### the eentrel 

### cle1iee. IB addition; the e.,ner er eperater mmt meet the applieehle rettlfire1nents ef reeerd keeping ffir ltft) ee11trel Eleviee. A peeertl ef all teltl, meniteriftg, ancl 

### impeetiem rett1:1ired hy R397 342 lhell lie 

### maintainea l!y the 

### ewner erepereter far a ft'liftifl'ltlfft ef 2 )e81'9 and shall he made a1ailahle le the eMeet1ti•e seerelm; er the eneettti•e seer.-.,':t represertteti•e**tt~8PI** 

### rett1:1est. All) lftalftlnetiening eentrel de.;ee shall he repaired
.,ithi11 IS eale11tfar tilt)'!! after it is fe1:1ne hy 

### the eomer er eperater te he malfl:lnetiening, tlftless ether.,,,ise appre•ell 

## e, the 

### e1teet1ti'Ye seerellll'). (3) Fer p11rpeses ef tieterrnining eempliMee ""ith emissie11 lill'lits, velattle erganie eempet!nds a11EI 1titregen eKities 

# ,.,.m he measlll'ed h) the testMethetl! icte11tifielf i11 fede1al reg11latien

erappre'ted 13)1 

### the eeetllive seereter-,. Where 91feh 

### a methea ttlse inttd'Iertentl) measu1es eempetlftds 111

### ith negligihle pheteehemieal reaetiv ify, an e·.vner er epeNter mey 6!t8ll:Mle these negligihl) 

### reaethe eem}'8t:1IHh nhen 

### 8eteftftining een1plim1ee 

### nith an eMissieHs 

### 9tandar8.



### UTAHSTATEBULLETIN, February 01, 2011, Vol. 2011, No. 3



# P-21DAR File No 34348

KEV. airl"'ll11tie11, 81E8fte,r;a1eli11e fra111pert Bate ef li:Het111ent 

### er b111t S11h1t8fttil'e Amencl111ent. .Ja11111.,**~** Netiec efCe11tin11atien: Mareh IS, 

### 1997 A11theNi11::, Hcl lmplementell erInterpreted**La~.** 19 l 194(1) 

### WI



## Health, Administration 

# R380-400 Use of Statistical Sampling

NOTICE OF PROPOSED RULE (New Rule) 

### DAR FILE NO.: 34365

FILED: 01/14/2011

RULEANALYSIS PURPOSE OF THE RULE OR R SON FOR THE**CHA~GE:** 

### In their**rep~rt** 

### to the Legislat
, Number 

### 2009-12, and in subsequent reports, the Office of Legislative Auditor**Gen~ral reco~mended\**  

### that the St te Medicaid program obtain authority to use. statistical sampling to establish overpayment recoveries**~ue** 

### the te. This rule sets forth the methodology to adop\ that mpling methodology and sets standards for its use.

OR CHANGE: Statistical orized when: 1) 

### a pattern of



### ANTICIPATED ST OR SAVINGS T · 

## + THE STAT UDGET: Data gath by the Office of Legislative A 1tor General and reported 

### t pages 64 to 65 in**~eport** 

### 200 2 suggests the potential a 

### 2,000 percent increase in ecoveries. Savings are anti ated to the state budget. T exact amount cannot 

### be predi ed. Some state agencies re Medicaid providers in som instances and recoveri are possible. Exact amount cannot e predicted.

• LO L GOVERNMENTS: Local gov nments are Medi d providers in some instances and r veries are possi e. Exact amount cannot 

### be predicted.


### + S**AL~** 

### BUSINESSES: Small businesses a pro**der~** 

### in some instances and recoveries Ex ct amount cannot 

### be predicted.



### UTAHSTATEBULLETIN, February01, 201l, Vol. 2011, No. 3 

### PERSONS OTHER THAN SMALL B USINESSES, OR LOCAL GOVERNMENTA ENTITIES: her businesses are Medicaid providers in s me instances
a recoveries are possible. Exact amo nt cannot be pre ·cted.

COM IANCE COSTS FOR AFFECTED ERSONS: There may be 

### significant costs to Medicaid pro-.i ders to respond to samplin established recoveries if 

### they hoose to hire their
own exp rts to verify the work by s te auditors. Exact amount un nown.

COMMENT BY THE DEPARTM NT HEAD ON THE FISCAL IMP T THE RULE MAY :VE ON BUSINESSES: This method increase recoveri of overpayments may have a signific nt impact on busi esses that incorrectly bill Medicaid or oth Department of ealth programs. Based on the recommend ion of the 0 ce of Legislative Auditor General, I suppo proposing is rule. to allow for public comments. A pub c hearing ill be held in anticipation of strong interest in thi rule.

INTERESTED HEARING RE



### • 02/1712011 Street. Capit Lake City, U't. PERSONS MAY JTEND A PUBLIC RDING THIS RULE: 

### 6:00 PM. Utah State pitol, 

### 350 N State Board Room (second fl or east end), Salt

THIS RULE AY BECOME EFFECTIVE ON. 

### 03/10/2011



# P-23

# • 

# Hearing

## No public hearing was requested; therefore, the Division ofAir Quality did not hold a public hearing.



# H-1

## State ofUtah

GARY R HERBERT Governor

GREG BELL LieutenantGovernor 

## Department of Environmental Quality

Amanda Smith Executive Director

DIVISION OF AIRQUALITY Rusty Ruby ActingDirector



### MEMORANDUM

TO: Air Quality Board

THROUGH: Rusty Ruby, Acting Executive Secretary

FROM: Colleen Delaney, Environmental Scientist

DATE: March 17, 2011 DAQ-012-11

SUBJECT: FINAL ADOPTION: Amend R307-328. Gasoline Transfer and Storage; Repeal R307- 342. Qualification ofContractors and Test Procedures for Vapor Recovery Systems for Gasoline Delivery Tanks.

OnJanuary 5, 2011, the Air Quality Board proposedrevisions to R307-328, the Stage Ivaporrecovery rule, and also proposedto delete R307-342 that specifies vaportestingprocedures and contractor certificationrequirements. The proposal eliminates the current Decemberto March testing window and replaces the currenttesting and vapor tightness standards with the more stringent standards in the federal Maximum Achievable Control Technology (MACT) for Gasoline DistributionFacilities.

No written comments were received onthis rule change, and there were no requests for a public hearing.

During the review ofthe rule, several representatives oflocal refineries identified a problem with the proposal. Railcargasoline cargotanks are tested for vaportightness using different procedures, and the proposedrule change would have expandedthe scope ofthe currentrule by requiring these tanks to be tested usingthe same procedures as truck cargotanks. UDAQ staffrecommends revisingthe proposal to clarify that railcar cargo tanks may use the alternate testing methods for railcars established in the MACT. This is consistent with Utah's currentrule and the long-standing methods established in boththe MACT and the New Source Performance Standards (NSPS) for Gasoline DistributionFacilities.

StaffRecommendation: Staffrecommends that the Board adoptthe revisions to R307-328 that were proposed in January, with the changes shown in the attached document. Staffalso recommends thatthe Board repeal R307-342 as proposed.

195 North 1950 West• Salt Lake City, Utah Mailing Address: P.O. Box 144820 •SaltLake City, Utah 84114-4820 Telephone (801) 536-4000 •Fax (801) 536-4099 • T.D.D (801) 536-4414
wlirw. 1.deq.utah.gov Printed on I00%recycled paper 

# H-2

### I 

### of4 http://erules.rules.utah.gov/erules/ruleFilingEdit.action?ruleld=l50891

NOTICE OF CHANGE IN PROPOSED RULE

• The agency identified below in box 1

### provides notice ofproposedrule change pursuant to Utah Code Section

63G-3-301.

• Please address questions regarding information on this notice to the agency.

• The full text ofall rule filings is published in the Utah State Bulletin unless excludedbecause ofspace constraints.

• The full text ofall rule filings may also be inspected at the Division ofAdministrative Rules.

Corrections


### Incorporated Materials Corrections Requested :04/15/2011: DARno longer subscribes to the CFR so we need you to send us a paper copy ofthe CFRyou incorporated (PDF version). The incorporation is considered part ofthe filing and the rule cannot be made effective until we receive the copy. 

### Due Date: 04/27/2011

DAR file no: 34349 150891 R307-328 Date filed: 04/13/2011 10:51 AM State Admin Rule Filing Key: Utah Admin. Code ref. (Rno.):

·Agency Information-··**····---~·····-···** 

### ··-·

1. 

### Agency:
Room no.: Building: Street address 1: 

### Street address 2: City, state, zip: Mailing address 1: 

### Mailing address 2: City, state, zip:

Contactperson(s):

Name: !Kimberly Kreykes Environmental Quality

- Air Quality Fourth Floor

195 N 1950 W

SALT LAKE CITY UT 84116-3085 PO BOX 144820

SALT LAKE CITY UT 84114-4820

Phone: Fax: l8o 1-536-4042**~o** 

### 1-536-4099 E-mail: jkkfeykes@utah.gov Remove:

(Interested persons may inspect this filing at the above address or at DAR duringbusiness hours)

Rule Title

2. Title ofrule or section (catchline): Gasoline Transfer and Storage

-Notice

3. Type ofnotice: Change in Proposed Rule Changes DARNo.: 34349 (lfyou do not know the DARno., call 801-538-3218.)

CPR-1



### 4/18/2011 7:39 AM

### 2of4 http://erules.rules.utah.gov/erules/ruleFilingEdit.action?ruleld=150891

···Rule

4. Purpose ofthe rule orreason for the change: On January 5, 2011, the Air Quality Boardproposed revisions to R307-328, the Stage Ivapor recovery rule. The proposal eliminated the current Decemberto March testingwindow and replaces the currenttesting and vapor tightness standards with the more stringent standards in the federal Maximum Achievable ControlTechnology (MACT) for Gasoline Distribution Facilities. Duringthe review ofthe rule, severalrepresentatives oflocal refineries identified a problem with the proposal. Railcar gasoline cargo tanks are tested for vaportightness using different procedures, andthe proposedrule change would have expandedthe scope ofthe current rule by requiring these tanks tobe tested usingthe same procedures as truck cargo tanks. This change in proposed rule revises the originalrule amendment to clarify thatrailcarcargo tanks may use the alternate testingmethods for railcars established in the MACT. This is consistent with Utah's currentrule andthe long-standing methods established in both the MACT and the New Source Performance Standards (NSPS) for Gasoline Distribution Facilities.

···Response Information·

5. This change is a response to comments by the Administrative Rules Review Committee.

No Yes

Rule Summary

6. Summary ofthe rule or change: This change in proposed rule revisesthe original rule amendment to clarify that railcar cargo tanks may use the alternate testingmethods for railcars established in the MACT at40 CFR 63.425(i). Additionally, changes where made to the date when the new testing standards wouldbe required. This is due to takingthis CPRaction.

Aggregate Cost Information

7. Aggregate anticipated cost or savings to: A) State budget:

Affected: No Yes
No cost or savings is anticipated for state budget as this amendment does not create any new requirements. B) Local government:
Affected: No Yes
No cost orsavings is anticipated for local government as this amendment does not create any new requirements. C) 

### Small businesses:

Affected: No Yes ("smallbusiness" means a business employingfewer than 50 persons) No cost or savings is anticipated for small businesses as this amendment does not create any new requirements. D) Persons otherthan smallbusinesses, businesses, or local government entities:

Affected: No Yes ("person" means any individual, partnership, corporation, association, governmental entity, orpublic orprivate organization ofany character otherthan an agency) No cost or savings is anticipated for persons otherthan small businesses, businesses, or local government entities as this amendment does not create any new requirements.
Compliance Cost Information-------·-------·-www··-··---·--·······--·-·····------··- ··-··- ..........**~-** 

### ---·-· -·········-·-·----··········-·····-- 

### Compliance costs for affectedpersons: No cost or savings is anticipated for affected persons as this amendment does not create any new requirements.

CPR-2



### 4/18/2011 7:39 AM

### 3of4 http://erules.rules.utah.gov/erules/ruleFilingEdit.action?ruleld=150891

··Department Head**Comments·--~**



### 9. A) Comments by the department head on the fiscal impact the rule may have on businesses:
No cost or savings is anticipated for businesses as this amendment does not create any newrequirements. B) Name and title ofdepartment head commentingon the fiscal impacts: Amanda Smith, Executive Director

Citation**Information~** 

### ---**-~--** 

### -····
10. This rule change is authorized ormandated by state law, and implements or interpretsthe following state and federal laws. State code orconstitution citations (required) (e.g., Section 63G-3-402; Subsection 63G-3-601(3); Article IV): Section 19-2-101, Subsection 19-2-104(1 )(a)

lnco orated Materials

11. This rule adds, updates, orremoves the following title ofmaterials incorporated by references (a copy ofmaterials incorporated by reference must be submitted to DAR; ifnone, leave blank):

Official Title ofMaterials Incorporated (from title page)40 CFR 63.425(i) PublisherGovemment Printing Office Date Issued Issue, orversionJuly 1, 2009

ISBN Number ISSN Number Cost ofIncorporated Reference Adds, updates, removesAdds

12. The public may submit written ororal comments to the agency identified in box 1. (The public may also request a hearingby submitting a written request to the agency. The agency is required to hold a hearingifitreceives requests from ten interested persons orfrom an association havingnot fewer than ten members. Additionally, the request must be received by the agency not more than 15 days afterthe publication ofthis rule in the Utah State Bulletin. See Section 63G-3-302 and Rule R15-1 for more information.) A) Comments will be accepted until 5:00 p.m. on (mm/dd/yyyy): B) A public hearing (optional) will be held: On (mm/dd/yyyy): At (hh:mm AM/PM): At (place):

Proposed Effective Date

13. This rule change may become effective on (mm/dd/yyyy): 06/07/2011 NOTE: The date above is the date on which this rule MAY become effective. It

### is NOTthe effective date. After the date designated in 

### Box 12(A) above, the agency must submit a Notice ofEffective Date to the Division of Administrative Rules to make this rule effective. Failure to submit a Notice ofEffective Date will result in this rule lapsing and will require the agency to start the rulemakingprocess over.

CPR- 3



### 4/18/2011 7:39 AM

### 4of4**,~Indexing** 

### Information

--**-~-** 

### - ---- ,,,**--~-~,,,,,,.** 

### ,,,,,,,,,,,,,,,,,,,**,,,,~,,,,,**

### __**~_,,,,,,,,** 

### · I 

### http://erules.rules.utah.gov/erules/ruleFilingEdit.action?ruleld=150891



# i 14 Indexing information

- keywords (maximum offour, one term per field, in lower case, except for acronyms (e.g.,

· "GRAMA") orpropernouns (e.g., "Medicaid")):

airpollution, gasoline transport, ozone

i.



### ,-File Information,,,**,,,,,~-**



# ''I

· 15. Attach an RTF document containingthe text ofthis rule change (filename): 

# I There is a document associatedwith this rule filing.

Information requested on this form is requiredby Sections 63G-3-30I, 302, 303, and 402. Incomplete forms will be returnedto the agency for completion, possibly delayingpublication in the Utah State Bulletin, and delayingthe first possible effective date.

Bryce Bird Agency head ordesignee, andtitle: ActingDirector ActingDirector Date (mm/dd/yyyy):04111/2011

CPR-4



### 4/18/2011 7:39 AM

## R307-328 March 31, 2011

1 

### R307. Environmental Quality, Air Quality. 2 

### R307-328. Gasoline Transfer and Storage. 3 

### R307-328-1. Purpose. 

## Page 1 of 6

4 The purpose of R307-328 is to establish Reasonably Available 5 Control Technology (RACT) for control of gasoline vapors during 6 the filling of gasoline cargo tank and storage tanks in Utah. The 7 rule is based on federal control technique guidance documents. 8 This requirement is commonly referred to as stage I vapor 9 recovery. 10 11 

### R307-328-2. Applicability. 

## 12 (1) Gasoline Cargo Tanks. R307-328 applies to the owner or 13 operator of any gasoline cargo tank that loads or unloads gasoline 14 in Utah. 15 (2) Gasoline Dispensing. R307-328 applies to the owner or 16 operator of any bulk terminal, bulk plant, stationary storage 17 container, or service station located in Utah that dispenses 18 10,000 gallons or more in any one calendar month. 19 (3) This rule applies to all gasoline cargo tanks and 20 gasoline dispensing facilities that operate within Utah according 21 to the compliance schedule defined in section 328-9 of this rule. 22 (4) All references to 40 CFR in R307-328 shall mean the 23 version that is effective as of the date referenced in R307-101-3. 24 25 R307-328-3. Definitions. 

## 26 The following additional definitions apply to R307-328. 27 "Bottom Filling" means the filling of a tank through an inlet 28 at or near the bottom of the tank designed to have the opening 29 covered by the liquid after the pipe normally used to withdraw 30 liquid can no longer withdraw any liquid. 31 "Submerged Fill Pipe" means any fill pipe with a discharge 32 opening which is entirely submerged when the liquid level is 6 33 inches above the bottom of the tank and the pipe normally used to 34 withdraw liquid from the tank can no longer withdraw any liquid. 35 "Gasoline cargo tank" means gasoline cargo tank as defined in 36 40 CFR 63.421 [, effective as of the date referenced in R307 101 

## 37 -3...,-] 

## that is hereby [adopted and ]incorporated by reference. 38 39 R307-328-4. Loading of Tank Trucks, Trailers, Railroad Tank Cars, 4 0 

### and Other Transport Vehicles. 

## 41 (1) No person shall load or permit the loading of gasoline 42 into any gasoline cargo tank unless the emissions from such 43 vehicle are controlled by use of a vapor collection and control 44 system and submerged or bottom filling. RACT shall be required 45 and in no case shall vapor emissions to the atmosphere exceed 46 0.640 pounds per 1,000 gallons transferred. 47 (2) Such vapor collection and control system shall be 48 properly installed and maintained. 49 (3) The loading device shall not leak. 50 (4) The loading device shall utilize the dry-break loading 51 design couplings and shall be maintained and operated to allow no 52 more than an average of 15 cc drainage per disconnect for 5

CPR-5

## R307-328 March 31, 2011 Page 2 of 6

1 consecutive disconnects. 2 (5) All loading and vapor lines shall be equipped with 3 fittings which make a vapor tight connection and shall 4 automatically close upon disconnection to prevent release of the 5 organic material. 6 (6) A gasoline storage and transfer installation that 7 receives inbound loads and dispatches outbound loads ("bulk 8 plant") need not comply with R307-328-4 if it does not have a 9 daily average throughput of more than 3,900 gallons (15,000 or 10 more liters) of gasoline based upon a 30-day rolling average. 11 Such installations shall on-load and off-load gasoline by use of 12 bottom or submerged filling or alternate equivalent methods. The 13 emission limitation is based on operating procedures and equipment 14 specifications using Reasonably Available Control Technology as 15 defined in EPA documents EPA 450/2-77-026 October 1977, "Control 16 of Hydrocarbons from Tank Truck Gasoline Loading Terminals," and 17 EPA-450/2-77-035 December 1977, "Control of Volatile Organic 18 Emissions from Bulk Gasoline Plants." The design effectiveness of 19 such equipment and the operating procedures must be documented and 20 submitted to and approved by the executive secretary. 21 (7) Hatches of gasoline cargo tanks shall not be opened at 22 any time during loading operations except to avoid emergency 23 situations or during emergency situations. Pressure relief valves 24 on storage tanks and gasoline cargo tanks shall be set to release 25 at the highest possible pressure, in accordance with State or 26 local fire codes and National Fire Prevention Association 27 guidelines. Pressure in the vapor collection system shall not 28 exceed the gasoline cargo tank pressure relief setting. 29 (8) Each owner or operator of a gasoline storage or 30 dispensing installation shall conduct testing of vapor collection 31 systems used at such installation and shall maintain records of 32 all tests for no less than two years. Testing procedures of vapor 33 collection systems shall be approved by the executive secretary 34 and shall be consistent with the procedures described in the EPA 35 document, "Control of Volatile Organic Compound Leaks from 36 Gasoline Tank Trucks and Vapor Collection Systems," EPA-450/2-78- 3 7 051. 38 (9) Semi-annual testing shall be conducted and records 39 maintained of such test. The frequency of tests may be altered by 40 the executive secretary upon submittal of documentation which 41 would justify a change. 42 (10) The vapor collection and vapor processing equipment 43 shall be designed and operated to prevent gauge pressure in the 44 gasoline cargo tank from exceeding 18 inches of water and prevent 45 vacuum from exceeding 6 inches of water. During testing and 46 monitoring, there shall be no reading greater than or equal to 100 47 percent of the lower explosive limit measured at 1.04 inches 48 around the perimeter of a potential leak source as detected by a 49 combustible gas detector. Potential leak sources include, but are 50 not limited to, piping, seals, hoses, connections, pressure or 51 vacuum vents, and vapor hoods. In addition, no visible liquid 52 leaks are permitted during testing or monitoring.

CPR-6

## R307-328 March 31, 2011 Page 3 of 6

1 

## 2 R307-328-S. Stationary Source Container Loading. 

## 3 (1) No person shall transfer or permit the transfer of 4 gasoline from any gasoline cargo tank into any stationary storage 5 container with a capacity of 250 gallons or greater unless such 6 container is equipped with a submerged fill pipe that extends to 7 no more than twelve inches from the bottom of the storage tank for 8 fill pipes installed on or before November 9, 2006, and no more 9 than six inches form the bottom of the storage tank for fill pipes 10 installed after November 9, 2006, and at least 90 percent of the 11 gasoline vapor, by weight, displaced during the filling of the 12 stationary storage container is prevented from being released to 13 the atmosphere. This requirement shall not apply to: 14 (a) the transfer of gasoline into any stationary storage 15 container of less than 550 gallons used primarily for the fueling 16 of implements of husbandry if such container is equipped with a 17 permanent submerged fill pipe; 18 (b) the transfer of gasoline into any stationary storage 19 container having a capacity of less than 2,000 gallons which was 20 installed prior to January 1, 1979, if such container is equipped 21 with a permanent submerged fill pipe; 22 (c) the transfer of gasoline to storage tanks equipped with 23 floating roofs or their equivalent which have been approved by the 24 executive secretary. 25 (2) The 90 percent performance standard of the vapor control 26 system shall be based on operating procedures and equipment 27 specifications. The design effectiveness of such equipment and 28 the operating procedure must be documented and submitted to and 29 approved by the executive secretary. 30 (3) Each owner or operator of a gasoline storage tank or the 31 owner or operator of the gasoline cargo tank subject to (1) above 32 shall install vapor control equipment, which includes, but is not 33 limited to: 34 (a) vapor return lines and connections sufficiently free of 35 restrictions to allow transfer of vapor to the gasoline cargo tank 36 or to the vapor control system, and to achieve the required 3 7 recovery; 38 (b) a means of assuring that the vapor return lines are 39 connected to the gasoline cargo tank, or vapor control system, and 40 storage tank during tank filling; 41 (c) restrictions in the storage tank vent line designed and 42 operated to prevent: 43 (i) the release of gasoline vapors to the atmosphere during 44 normal operation; and 45 (ii) gauge pressure in the gasoline cargo tank from 46 exceeding 18 inches of water and vacuum from exceeding 6 inches of 47 water. 48 49 

### R307-328-6. Gasoline Cargo Tank. 

## 50 (1) Gasoline cargo tanks must be designed and maintained to 51 be vapor tight during loading and unloading operations as well as 52 during transport, except for normal pressure venting required

CPR-7

## R307-328 March 31, 2011 Page 4 of 6

1 under United States Department of Transportation Regulations. 2 (2) The design of the vapor recovery system shall be such 3 that when the gasoline cargo tank is connected to an approved 4 storage tank vapor recovery system or loading terminal, 90% vapor 5 recovery efficiencies are realized. The connectors of the 6 gasoline cargo tanks shall be compatible with the fittings on the 7 fill pipes and vapor vents at the storage containers and gasoline 8 loading terminals where the gasoline cargo tank will service or be 9 serviced. Adapters may be used to achieve compatibility. 10 (3) No person shall knowingly allow the introduction of 11 gasoline into, dispensing of gasoline from, or transportation of 12 gasoline in a gasoline cargo t[fi]ank that does not meet the leak 13 tight testing requirements of R307-328-7. 14 (4) A vapor-laden gasoline cargo tank may be refilled only 15 at installations equipped to recover, process or dispose of 16 vapors. Gasoline cargo tanks that only service locations with 17 storage containers specifically exempted from the requirements of 18 R307-328-5 need not be retrofitted to comply with R307-328-6 (1)

- 19 (3) above, provided such gasoline cargo tanks are loaded through a 20 submerged fill pipe or equivalent equipment provided the design 21 and effectiveness of such equipment are documented and submitted 22 to and approved by the executive secretary. 23 24 R307-328-7. Vapor Tightness Testing. 

## 25 (1) Gasoline cargo tanks [-]and their vapor collection 26 systems shall be tested annually for leakage in accordance with 27 the test methods and vapor tightness standards in 40 CFR 28 63.425(e) [, effective as of the date referenced in R307 101 3,] 29 which are hereby incorporated by reference. 30 (2) Each owner or operator of a gasoline cargo tank shall 31 have documentation in their possession demonstrating that the 32 gasoline cargo tank has passed the annual test in (1) above within 33 the preceding twelve months. 34 (3) The vapor tightness documentation described in (2), as 35 well as record of any maintenance performed, shall be retained by 36 the owner or operator of the gasoline cargo tank for a two year 37 period and be available for review by the executive secretary or 38 the executive secretary's representative. 39 (4) The owner or operator of a railcar gasoline cargo tank 40 mav use the testing, recordkeeping, and reporting requirements in 41 40 CFR 63.425(i), that is hereby incorporated by reference, as an 42 alternative to the annual testing requirements in (1) through (3) 43 above. 44 45 R307-328-8. Alternate Methods of Control. 

## 46 (1) Any person may apply to the executive secretary for 47 approval of an alternate test method, an alternate method of 48 control, an alternate compliance period, an alternate emission 49 limit, or an alternate monitoring schedule. The application must 50 include a demonstration that the proposed alternate produces an 51 equal or greater air quality benefit than that required by R307- 52 328, or that the alternate test method is equivalent to that

CPR-8

### 1 

### 2 3 

### 4 5 6 7 

### 8 9 

## 10 11 

## 12 13 

## 14 15 16 17 18 19 20 21 22 

## 23 24 25 26 27 28 29 30 31 32 33 

## 34 35 36 37 38 39 40 41 42 43 44 

## 45 46 47 48 49 50 51 52 R307-328 March 31, 2011 Page 5 of 6
required by these rules. The executive secretary shall obtain

concurrence from EPA when approving an alternate test method, an alternate method of control, an alternate compliance period, an alternate emission limit, or an alternate monitoring schedule. (2) Manufacturer's operational specifications, records, and testings of any control system shall use the applicable EPA Reference Methods of 40 CFR Part 60, the most recent EPA test methods, or EPA-approved state methods, to determine the efficiency of the control device. In addition, the owner or operator must meet the applicable requirements of record keeping for any control device. A record of all tests, monitoring, and inspections required by R307-328 shall be maintained by the owner or operator for a minimum of 2 years and shall be made available to the executive secretary or the executive secretary's representative upon request. Any malfunctioning control device shall be repaired within 15 calendar days after it is found by the

owner or operator to be malfunctioning, unless otherwise approved by the executive secretary. (3) For purposes of determining compliance with emission limits, volatile organic compounds and nitrogen oxides will be measured by the test methods identified in federal regulation or approved by the executive secretary. Where such a method also inadvertently measures compounds with negligible photochemical reactivity, an owner or operator may exclude these negligibly reactive compounds when determining compliance with an emissions standard.

R307-328-9. Compliance Schedule. 

## (1) Effective May 1, 2000, all Facilities located in Davis, Salt Lake, Utah, and Weber Counties shall be in compliance with this rule. (2) All other facilities located in Utah, shall be in compliance with this rule according to the following phase-in schedule: (a) Facilities located in Box Elder, Cache, Tooele and Washington Counties shall be in compliance with this rule by April 30, 2009. (b) Facilities located in Emery, Iron, Juab, Millard, Sevier, Summit and Uintah Counties shall be in compliance with this rule by April 30, 2010. (c) All facilities located in Utah shall be in compliance with this rule by April 30, 2011. (3) If this implementation schedule results in a scheduling and/or financial hardship for an individual facility, that facility may request a six-month extension from the Executive Secretary of the Utah Air Quality Board. A maximum of two sixmonth extensions may be granted. Regardless of extension requests submitted, all facilities must be in compliance with this rule not later than April 30, 2011. (4) A request for an extension must be documented and contain valid reasons why a facility will not able to meet the phase-in schedule indicated in (2) (a) or (b) above. A late start

CPR-9

## R307-328 March 31, 2011 Page 6 of 6

1 on preparation or planning is not a valid reason to grant an 2 extension. The request for extension must also contain a proposed 3 implementation schedule that shows compliance to this rule at the 4 earliest possible date, but no later than April 30, 2011. 5 (5) The vapor tightness testing standard in R307-328-7 (1) 6 shall apply to tests conducted after [April 6,]June 7, 2011. All 7 gasoline cargo tanks shall be tested using the vapor tightness 8 testing standard in R307-328-7(1) by [April 6,]June 7, 2012. 9 

## 10 R307-328-10. Authorized Contractors. 

## 11 (1) All modifications performed on underground storage tanks 12 regulated by Title 19, Chapter 6, Part 4, the Utah Underground 13 Storage Tank Act, to bring them into compliance with R307-328, 14 shall be performed by contractors certified under R311-201. 15 16 

### KEY: air pollution, gasoline transport, ozone 

## 17 Date of Enactment or Last Substantive Amendment: 2011 

## 18 Notice of Continuation: March 15, 2007 

## 19 Authorizing, and Implemented or Interpreted Law: 19-2-101; 19-2- 

## 20 104 (1) (a)

CPR -10

# Effective Rule

# R307-328 DAR34349,AMD andCPR EffectiveJune7, 2011

E-1R307. 

### Environmental Quality,AirQuality. R307-318. GasolineTransferandStorage. R307-328-1.Purpose. 

### The purpose ofR307-328 is to

### establish Reasonably Available Control Technology (RA.CI) for control ofgasoline vapors during the filling ofgasoline cargo tank 

### and storage 

### tanks in 

### Utah. The rule is 

### based 

### or1 federal control technique guidance documents. Thisrequirement is 

### commonly referred to 

### as 

### stage I 

### vaporrecovery.

R307-328-2. 

### Applicability. (I) 

### Gasoline Cargo 

### Tanks. R307-328 applies to

### the

owner 

### or operator of any gasoline cargo 

### tank that loads or wtloads gasolinein

### Utah. (2) Gasoline Dispensing. R307-328 applies to 

### the

owner or operator 

### ofany bulk terminal, 

### bulk plant, stationary storage container, or service station located in 

### Utah that 

### dispenses 10,000gallons ormorein any one 

### calendarmonth. (3) This rule applies to 

### all gasoline cargo tanks and gasoline dispensing facilities that operate within 

### Utah according to

### the compliance schedule 

### defined in section 328-9 ofthisrule. (4) All references to 

### 40 CFR in R307-328 shall
mean 

### the version that is effective as 

### ofthe date 

### referenced in R307-101-3.

R307-328-3. Defmitions. 

### The following additional definitions apply to 

### R307- 328. "Bottom Filling" 

### means the 

### tilling ofa tank 

### through

an inlet at or near

### the bottom ofthe 

### tank designedto 

### have the opening covered by 

### the liquid after the pipe 

### nonnally used to withdraw 

### liquid

### canno longerwithdraw any liquid. "Submerged Fill Pipe" 

### means any fill pipe with a discharge opening which isentirely submerged whenthe

### liquid level is 

### 6 inches above the bottom of

### the tank 

### and the pipe normally used to 

### withdraw liquid from 

### the tank 

### can no longer withdrawany liquid. "Gasoline cargo tank" 

### means gasoline cargo tank 

### as 

### defined in 40 CFR 63.421 that is 

### hereby incorporated by 

### reference.

R307-328-4. Loadina 

### of Tank Trucks, Trailen, Railroad TankCars,andOtherTransport

### Vehicles. (I) 

### No person shall load or permit the loading of gasoline into any gasoline cargo tank

### wtlessthe emissions from 

### such vehicle are controlled by use of a vapor collection and control system 

### and submerged or bottom filling. RA.CT shall be required 

### and in 

### no case shall vapor emissions to the atmosphere exceed0.640poundsper 1,000gallonstransferred. (2) Such vapor collection and control system 

### shall be

### properlyinstalledandmaintained. (3) Theloadingdevice shall not

### leak. (4) The loading device shall utilize the dry-break 

### loading design couplings and shall be

### maintained and operated
to allow no 

### more than an average of IS 

### cc drainage 

### per disconnectfor S

### consecutivedisconnects.

2 (5) All loading and vapor lines shall be 

### equipped with**tittin~** 

### which make a vapor tight connection and shall automatically close upon 

### disconnection to prevent 

### release of the organic material. (6) 

### A gasoline storage 

### and transfer 

### installation that receives inbound loads and dispatches outbound loads ("bulk plant") need not comply with R307-328-4 ifit

### does not have a 

### daily

### averagethroughput

### of

### more than 

### 3,900gallons (15,000or

more liters) ofgasoline based upon a 30-day rolling average. Such installations shall 

### on-loadandoff-loadgasoline by use of bottom or submerged 

### filling or alternate equivalent methods. The emission limitation is 

### based on operating procedures and 

### equipment specifications using Reasonably Available Control Technology as 

### defined in EPA documents EPA 45012-77-026 

### October 1977, "Control of Hydrocarbons from Tank Truck 

### Gasoline Loading Tenninals," and EPA-450/2-77-035 

### December 1977, "Control ofVolatile Organic Emissions 

### from Bulk Gasoline Plants." The 

### design effectiveness of such equipment and the 

### operating procedures must be documented and 

### submittedto andapprovedby

### theexecutive secretary. (7) 

### Hatches of gasoline cargo tanks shall not be opened at any time during loading operations 

### except to avoid emergency situations 

### or during emergency situations. Pressure reliefvalves on storagetanks and gasoline cargo tanks shall be 

### set to release at 

### the highest possible pressure, in accordance with State or local fin: 

### codes and 

### National Fire Prevention Association guidelines. 

### Pressureinthe

### vaporcollection system 

### shallnotexceedthe gasolinecargo 

### tank

### pressurereliefsetting. (8) Each owner

### oroperator ofa gasoline storage 

### or dispensing installation shall conducttesting of

### vaporcollection systems 

### used at such 

### installation and 

### shall maintain records 

### of all

### tests forno lessthan two

### years. Testing procedures

### ofvapor collection systems 

### shall be

### approvedby

### the executive secretary 

### and shall be consistent with 

### the procedures 

### described in the EPAdocument, "ControlofVolatile Organic CompoundLeaks from 

### Gasoline Tanlc Trucks 

### and Vapor Collection**S~"** 

### EPA-450/2-78-051. (9) Semi-annual testing shall 

### be conducted and records maintained ofsuch

### test. The frequency oftests may

### be altered by 

### the executive secretary 

### upon submittal of documentationwhichwouldjustify

### achange. 

### (10) The vapor collection and vapor 

### processing equipment 

### shall be 

### designed and operated to prevent gauge 

### pressure inthe gasolinecargo tankfrom

### exceeding 18 inches of
water 

### and prevent vacuum from exceeding 6 inches 

### of

### water. Duringtesting and monitoring, there 

### shallbenoreading greater than 

### or equal to 

### I00 percent of the 

### lower explosive limit 

### measured at 1.04 inches 

### around the perimeter 

### of a potential leaksource asdetectedby 

### acombustiblegas

### detector. Potential leaksources include, butare notlimitedto, piping, seals, hoses, 

### C01U1ections, 

### pressure or vacuum vents, and vapor hoods. In 

### addition, no visible liquid leaks are permitted during testing or monitoring.

R307-328-5. StationarySourceContainerLoading. (I) 

### No person shall transfer or

### permit

### the transfer 

### of gasoline from any gasoline cargo tank into 

### any stationary storage container with a capacity 

### of 250 gallons or greater



# E-2

### unless such 

### container is equipped with a submerged fill 

### pipe that 

### extends to 

### no more than twelve inches from the bottom of the 

### storage tank 

### for fill pipes installed on or before November 9, 2006, and no 

### more than six 

### inches fonn the bottom ofthe storage

### tankfor fill pipes installedafterNovember9, 2006, and
at 

### least 90 

### percent ofthe gasoline 

### vapor, by weight, displaced during the filling of the stationary storage 

### container is prevented from 

### being released to 

### the atmosphere. This requirement shall notapplyto: 

### (a) the transfer of gasoline into any stationary storagecontaineroflessthan 

### 550gallons used 

### primarilyforthe fueling of implements of husbandry if such container is equippedwith a pennanent

### submergedfill pipe; (b) the transfer of gasoline into any stationary storage container having a capacity ofless than 2,000 gallons which 

### was installed priorto 

### January 1, 1979, ifsuch container isequippedwith a

### permanentsubmerged

### fill pipe; (c) the transferofgasolineto

### storagetanks equipped with floating roofs 

### or their equivalent which have been 

### approved bythe

### executive secretary. 

### (2) The 90 

### percent perfonnance standard of the vapor control system 

### shall be 

### based on operating procedures and equipment specifications. The designeffectiveness ofsuch equipment and the operating procedure 

### must be 

### documented and submittedto 

### and approvedbytheexecutive secretary. 

### (3) Each 

### owner or operator of a gasoline storage 

### tank orthe owneroroperatorofthe gasoline

### cargotank 

### subject
to (1) 

### above shall install vapor control equipment, which includes, butis not limitedto: (a) vapor 

### return lines and connections sufficiently free 

### ofrestrictions to 

### allow transfer ofvapor to 

### the gasoline cargo tank 

### or to the 

### vapor control system, 

### and to achieve the requiredrecovery; (b) 

### a means ofassuring 

### that the vapor 

### return lines



### arc connected to the 

### gasoline cargo tank, 

### or vapor control 

### system, and storagetank

### during

### tankfilling; (c) restrictions in the storagetankvent line designed andoperatedto

### prevent: (i) the release ofgasoline vapors to the atmosphere duringnonnal operation; and (ii) 

### gauge pressure 

### in the gasoline cargo 

### tank from exceeding 18 inches of water 

### and vacuum from exceeding 6 inches ofwater.

R307-328-6. GasolineCargoTank. (1) 

### Gasoline 

### cargo tanks must be 

### designed and maintained to be 

### vapor tight during loading and unloading operations 

### as well 

### as during transport, except for nonnal pressure venting required 

### under United States Department of TransportationRegulations. (2) The 

### design ofthe vaporrecovery system shall be 

### such that when 

### the gasoline cargo 

### tank is connected to an approved storage 

### tank vapor recovery system or loading terminal, 90".4 

### vapor recovery efficiencies 

### are realized. The connectors ofthe gasoline cargotanks shall be 

### compatible with the fittings 

### on the fill pipes and vapor vents at 

### the storage containers and 

### gasoline loading terminals where the gasoline

3 

### cargo tank

### will serviceorbe serviced. Adapters may

### be

### usedto 

### achievecompatibility. (3) No person 

### shall knowingly allow the introduction ofgasoline into, dispensing ofgasoline from, 

### or transportationof

### gasoline in agasoline 

### cargo tankthat 

### doesnot meetthe leaktighttesting requirements ofR307-328-7. (4) A vapor-laden gasoline cargo tank 

### may be refilled only at installations equipped to 

### recover, process or dispose of vapors. 

### Gasoline cargo tanks that only service locations with storage 

### containers 

### specifically exempted 

### from the 

### requirements of R307-328-S 

### need not be retrofitted to 

### comply with 

### R307-328-6(1)-(3) above, provided such gasoline cargo tanks 

### are loaded through 

### a submerged fill pipe or equivalent equipmentprovided the 

### design and effectiveness of 

### such equipment

### are documented and submittedtoandapproved bytheexecutive secretary.



### R307-328-7. VaporTightnessTesting. (I) 

### Gasoline cargo tanks and their vapor collection systems 

### shall be

### tested annuallyfor leakage in accordancewith 

### the test methods and vapor 

### tightness standards 

### in 40 CFR 

### 63.425(e)which 

### arehereby

### incorporatedby

### reference. (2) 

### Each 

### owner oroperator ofagasoline cargo 

### tank shall have documentation in their pcmession demonslrating 

### that the 

### gasoline cargo 

### tank has passed the 

### annual test 

### in (I) 

### abovewithintheprecedingtwelvemonths. (3) The vapor

### tightness documentation described in 

### (2), 

### as well 

### as record ofany 

### maintenance performed, 

### shall be retained by

### the owneroroperatorofthe gasoline

### cargotankfor



### atwo year 

### period and be available for review by

### the executive seaetaryorthe

### executive secretary's

### representative. (4) 

### The owneroroperator

### of

### arailcargasolinecargo tank may 

### use the testing. recordkeeping. and 

### reporting requirements in 40 CFR 

### 63.425(i). that is 

### hereby incorporated by 

### reference, 

### as an alternative to the annual testing 

### requirements in (1)

### through(3)above.

R307..J28-8. AlternateMethodsofControl (1) Any

### person may apply to 

### the 

### executive secretary 

### for approval ofan alternate test

### method, an alternate 

### method of control, an alternate compliance period, an alternate 

### emission limit, or an alternate monitoring schedule. The 

### application
must include a demonstration that the 

### proposed alternate 

### produces an equal or greater air 

### quality benefit 

### than that 

### required by R307-328, or that 

### the alternate test 

### method is equivalent to that required by 

### these rules. The executive secretary 

### shall obtain 

### concurrence from EPA when approving

an alternate test method, an alternate 

### method of control, an alternate compliance period, 

### an alternate emission limit, or an alternate

### monitoringschedule. (2) Manufacturer's operational specifications, records, and testings 

### of 

### any control 

### system shall use the applicable EPA Reference Methods of40 

### CFR Part 60, the 

### mostrecentEPAtestmethods, orEPA-approved state

### methods,
to detennine the efficiency ofthe control device. In 

### addition, the owneroroperatormustmeetthe

### applicable

### requirements of record 

### keeping for any control device. A 

### record ofall tests, 

### monitoring. and inspections required by 

### R307-328 shall be



# E-3

## •

maintained by 

### the owneror operatorfor aminimumof

### 2years and shall be 

### made available to the executive 

### secretary 

### or the executive secretary's representative upon request 

### Any malfunctioning conlrol device shall be repaired within 

### 15 calendar 

### days after it is fOWld by 

### the 

### owner or operator to be 

### malfunctioning. unless otherwise approved by 

### the 

### executive secretary. (3) 

### For purposes ofdetermining compliance with 

### emission limits, volatile organic compounds and nilrogen oxides will be measured by 

### the 

### test methods identified in federal regulation 

### or approved by 

### the executive secretary. 

### Where such 

### a method 

### also inadvertently 

### measures compounds with 

### negligible photochemical reactivity, an owner or operator 

### may exclude 

### these negligibly reactive compounds when 

### determiningcompliancewith an emissions

### standard.

R307-328-9. ComplianceSclaedule. (1) 

### Effective May 1, 2000, 

### all Facilities located in Davis, Salt Lake, 

### Utah, and Weber Counties shall be in compliancewiththisrule. (2) 

### All other 

### facilities located in Utah, shall be in compliance with this rule according to 

### the following phase-in schedule: (a) 

### Facilities located in Box Elder, Cache, 

### Tooele and Washington Counties shall be 

### in compliance with this

### rule byApril 30, 2009. (b) 

### Facilities located in Emery, Iron, 

### Juab, Millard, Sevier, Summit and Uintah Cowtties 

### shall be in 

### compliance withthisrulebyApril 

### 30, 2010. ( c) All filcilities located in Utah shall 

### be in compliancewiththis ruleby

### April 30, 2011. (3) 

### If 

### this implementation schedule results in 

### a scheduling and/or financial hardship 

### for an individual facility, that filcility may 

### request 

### a six-month extension :from the 

### Executive 

### Secretary of the Utah Air 

### Quality Board. A 

### maximum of two six-month extensions may be granted. 

### Regardless ofextension requests submitted, all filcilities must be in

### compliancewith 

### this rule not

### laterthan

### April 30, 2011. ( 4) A 

### request 

### for an 

### ext.ension must be docuntalted 

### and 

### contain valid 

### reasons why 

### a filcility will not able to meet 

### the phase-in 

### schedule indicated in (2)(a) 

### or (b) 

### above. A 

### late
start 

### onpreparationorplmming is not

### avalid

### reason to

### grantan extension. The request 

### for extension must also contain a 

### proposed implementation schedule that shows compliance to this rule at

### the earliestpossible date, 

### butno 

### laterthan 

### April 

### 30, 2011. (5) 

### The vapor tightness testing standard in 

### R307- 328-7(1) shall apply totests

### conducted afterJune 7, 2011. All gasoline cargo tanks 

### shall be tested 

### using the 

### vapor tightness testing standard in

### R307-328-7(1)byJune7, 2012.

R307-328-10. AuthorizedContracton. (1) All modifications perfonned on underground storage tanks 

### regulated by

### Title 19, Chapter

### 6, Part4, the Utah Underground Storage TankAct, to bring

### them into 

### compliance with R307-328, shall 

### be perfonned by 

### contractors certified under

### R3ll-201.

4 

### KEY: airpollution,gasolinetransport,07.0ne Date 

### ofEnactment or Last 

### Substantive Amendment: June 

### 7,2011 NoticeofContinuation: Marcia 15,2007 Autlaorizing, and Implemented 

### or Interpreted 

### Law: 19-2- 101; 19-2-104(1)(a)



### !-dar

# E-4

### NOTICES OF 

# RULE EFFECTIVE DATES

State law provides for agencies to make their rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period, the law permits an agencyto file a notice ofeffective date anytime after the dose ofcomment plus seven days. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to file a notice of effective date on any date induding or afterthe thirtieth day after the rule's publication date. Ifan agency fails to file

a Notice 

### of Effective Date within 120 days from the publication ofa Proposed Rule or a related Change in Proposed Rule the rule lapses and the agency must startthe rulemaking process over.

Notices of Effective Date are governed by Subsection 63G-3-301(12), 63G-3-303, and Sections R15-4-5a and Sb.

Abbreviations AMO =Amendment CPR = Change in Proposed Rule NEW

# = New Rule R&R = Repeal 

### &Reenact REP= Repeal

Commerce Occupational and Professional Licensing No. 34545 (AMO): R156-15. Health FacilityAdministratorAct Rule Published: 04/15/2011 Effective: 05/26/2011 Drinking Water No. 34450 (AMO): R309-800. Capacity Development Program Published: 03/15/2011 Effective: 05/23/2011

Health Health Care Financing, Coverage and Reimbursement Policy No. 34523 (AMO): R414-1-5. Incorporations by Reference Published: 04/15/2011 Effective: 05/25/2011

(.... No. 34542 (AMO): R156-63b. Security Personnel Licensing Act Armored Car Rule No. 34524 (AMO): R414-14. Home Health Services Published: 04/15/2011 Effective: 05/25/2011 Published: 04/15/2011 Effective: 05/26/2011

No. 34543 (AMO): R156-72. Acupuncture LicensingAct Rules Published: 04/15/2011 Effective: 05/26/2011

No. 34544 (AMO): R156-83-306. DrugsApproved forOnline Prescribing, Dispensing, and Facilitation Published: 04/15/2011 Effective: 05/26/2011

Environmental Quality Air Quality No. 34428 (AMO): R307-214. National Emission Standards for HazardousAir Pollutants Published: 03/01/2011 Effective: 06/01/2011 

# (**N~. ~349** **(C~R): ~3~7-328.**  GasolineTransfer

# ~;~-~or~~ 1 \ Published: 05/01/2011 Effective: 06/07/2011

# ~**---~~** No. 34349 (AMO): R307-328. Gasoline Transfer and Storage Published: 02/01/2011 Effective: 06/0712011

UTAHSTATEBUUET/N,June 15, 2011, Vol. 2011, No. 12 No. 34525 (AMO): R414-54-3. Services Published: 04/1512011 Effective: 05125/2011

No. 34526 (AMO): R414-59-4. Client Eligibility Requirements Published: 04/15/2011 Effective: 05/25/2011

Natural Resources Oil, Gas and Mining; Non-Coal No. 34473 (AMO): R647-2. Exploration Published: 03/1512011 Effective: 0512512011

No. 34474 (AMO): R647-3. Small Mining Operations Published: 03/1512011 Effective: 05/25/2011

No. 34475 (AMO): R647-4-101. Filing Requirements and Review Procedures Published: 03/1512011 Effective: 05/2512011



# E-5 87

### NOTICES OF 

# RULE EFFECTIVE DATES

State law provides for agencies 

## to make their rules effective and enforceable after publication in the Utah State Bulletin. In the case of 

### Proposed Rules or Changes in Proposed Rules with a designated comment period, the 

## law permits an agency to file a notice ofeffective date any time afterthe close of

### comment plus seven days. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to file a notice of effective date on any date including orafterthe thirtieth day afterthe rule's publication date. Ifan agency fails to file
a Notice of Effective Date within 120 days from the publication ofa Proposed Rule or a related Change in Proposed Rule the rule lapses and the agency must start the rulemaking process over.

Notices of Effective Date are governed by Subsection 63G-3-301(12), 63G-3-303, and Sections R15-4-5a and Sb.

Abbreviations AMO =Amendment CPR =Change in Proposed Rule NEW

## =New Rule R&R = Repeal & Reenad REP= Repeal

Education Administration No. 34429 (AMO): R2n-709. Education Programs Serving Youth in Custody Published: 03/01/2011 Effective: 04/08/2011

Enyjronmental Qyaljty Air Quality No. 34350 (AMO): R307-110-28. Regional Haze Published: 02/01/2011 Effective: 04/0712011

No. 34348 (REP): R307-342. Qualification ofContradors and Test Procedures forVapor Recovery Systems for Gasoline DeliveryTanks Published: 02/01/2011 Effedive: 06/0712011

Radiation Control No. 34240 (AMO): R313-25-8. TechnicalAnalyses Published: 12/01/2010 Effective: 04/04/2011

No. 34240 (CPR): R313-25-8. Technical Analyses Published: 03/0112011 Effedive: 04/04/2011

WaterQuality No. 34437 (AMO): R3H-1-7. TMOLs Published: 03/01/2011 Effective: 04/1312011

UTAHSTATEBULLETIN, May 01, 2011, Vol. 2011, No. 9 

### l:fi:aUb Health Care Financing, Coverage and Reimbursement Policy No. 34315 (AMO): R414-1-5. Incorporations by Reference Published: 01/01/2011 Effedive: 04/0512011



### No. 34316 (AMO): R414-54-3. Services Published: 01/0112011 Effedive: 04/0512011

No. 34317 (AMO): R414-59-4. Client Eligibility Requirements Published: 01/01/2011 Effective: 04/0512011

No. 34314 (AMO): R414-61. Home and Community-Based Services waivers Published: 01/0112011 Effective: 04/0512011

No. 34267 (AMO): R414-501. PreadmissionAuthorization, Retroactive Authorization, and Continued Stay Review Published: 12/15/2010 Effective: 04/0512011

Health Systems Improvement, Licensing No. 34318 (AMO): R432-101. Specialty Hospital

### Psychiatric Published: 01/15/2011 Effective: 04/1112011

No. 34319 (AMO): R432-150. Nursing Care Facility Published: 01/1512011 Effedive: 04/1112011

No. 34320 (AMO): R432-600. Abortion Clinic Rule Published: 01/1512011 Effedive: 04/1112011

No. 34321 (AMO): R432-700. Home HealthAgency Rule Published: 01/15/2011 Effective: 04/1112011



# E-6 123

# Certification

### I, Mark W. Berger, Rules Coordinator 

## for the Utah Division ofAirQuality, do herebycertify that a public commentperiod was held from February 1to March 3, 2012 toreceive comments for amendmentsto R307-328 (DAR#34349), GasolineTransferand Storage and the repeal of R307-342 (DAR 34348), Qualification ofContractors and Test ProceduresforVaporRecovery Systemsfor Gasoline Delivery Tanks, and that the public comment period was held in accordance with the informationprovided in the published public notice and as definedinUtah Code 19-2-109. The changesregarding R307-328 and R307-342 where adoptedbythe Air Quality Board on April 

## 6, 2011.

Signed this

# 1!}_daY, ofApril 2015.

# //~

7 "r"'TM*'-