State of Utah 

GARY R. HERBERT 

Governor 

GREG BELL 

Lieutenant Governor 

Office of the 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 and Storage, 

and R307-342, Qualification o_[Contractors and Test Procedures for Vapor Recovery Systems 

for Gasoline Delivery Tanks, as adopted by the Utah Air Quality Board on April 6, 2011. 

The amendment to R307-328 eliminated the December to March testing window and 

replaces the previous testing and vapor tightness standards located in R307-342 with the more 

stringent standards in the federal Maximum Achievable Control Technology (MACT) for 

Gasoline Distribution Facilities. As a result, the Utah Air Quality Board has repealed R307-342. 

Attached, please find the repealed R307-342 and the amended sections of R307-328 that 

pertain to provision required by the Utah State Implementation Plan. 

The Utah Division of Air Quality is submitting supporting documentation in both 

electronic and hard copy formats. The electronic and hard copy documents are exact duplicates. 

If you have questions about this request, please call Bryce Bird, Di rector of the 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 • Salt Lake City, Utah 84114-2220 • Telephone (801) 538-1000 

State of Utah 

GARY R. HERBERT 

Governor 

GREG BELL 

Lieutenant Governor 

February 7, 2012 

Department of 

Environmental Quality 

Amanda Smith 

Executive Director 

DIVISION OF AIR QUALITY 

Bryce C. Bird 

Director 

James B. Martin, Regional Administrator 

Air and Radiation Program 

US EPA Region 8 

1595 Wynkoop Street 

Denver, Colorado 80202-1129 

Dear Mr. Martin: 

DAQ-013-12 

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

documentation in support of Governor Herbert's February 2, 2012, submittal of revisions to R307-328, 

Gasoline Transfer and Storage, and R307-342, Qualification of Contractors and Test Procedures for 

Vapor Recovery Systems for Gasoline Delivery Tanks. 

If you have questions, you can reach me at (801) 536-4064. I look forward to working with you and your 

staff toward approval or this submittal. kl 

1 

.\ttt. K l -z,,,l 

Sincerely, 

-4~~~ Bryce C. Bird 

Director 

BCB:MB:my 

Enclosures 

195 North 1950 West • Salt Lake City, Utah 

Mailing Address: P.0 Box 144820 •Salt Lake City, Utah 84114-4820 

Telephone (801) 536-4000 •Fax (801)5364099 • T.D.D. (801) 536-4414 

WWW deq.11tah gov 

Printed on 100% recycled paper 

State of Utah 

GARY R. HERBERT 

Governor 

GREG BELL 

Lieutenaru Governor 

Office of the 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 and Storage, 

and R307-342, Qualification o/Contractors and Test Procedures for Vapor Recovery Systems 

for Gasoline Delivery Tanks, as adopted by the Utah Air Quality Board on April 6, 2011. 

The amendment to R307-328 eliminated the December to March testing window and 

replaces the previous testing and vapor tightness standards located in R307-342 with the more 

stringent standards in the federal Maximum Achievable Control Technology (MACT) for 

Gasoline Distribution Facilities. As a result, the Utah Air Quality Board has repealed R307-342. 

Attached, please find the repealed R307-342 and the amended sections ofR307-328 that 

pertain to provision required by the Utah State Implementation Plan. 

The Utah Division of Air Quality is submitting supporting documentation in both 

electronic and hard copy formats. The electronic and hard copy documents are exact duplicates. 

If you have questions about this request, please call Bryce Bird, Director of the Utah Division of 

Air Quality, at (801) 536-4064. 

Enclosures 

Sincerely, 

~flfklA~f Gary R. Herbert 

Governor 

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

·.(... 

UTAH 

Administrative Documentation 

R307-328 and R307-342 

State of Utah 

Department of Environmental Quality 

Division of Air Quality 

195 N. 1950 West 

P.O. Box 144820 

Salt Lake City, Utah 84114-4820 

801-536-4000 

February 13, 2012 
UTAH 

ADMINISTRATIVE DOCUMENTATION February 2012 
Legal Authority 

R307-204 

ADMINISTRATIVE DOCUMENTATION 

Table of Contents 

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

Utah Code Title 63G, Chapter 3, Administrative Rulemaking Act ............................................................... C-16 

Utah Administrative Code, RI 5, Administrative Rules ................................................................................. C-26 

Proposed for Public Comment 

Text ofR307-328 ........................................................................................................................ P-1 

Text ofR307-342 ........................................................................................................................ P-7 

R307-328: DAR Bulletin (Feb 1, 2011) Rule Analysis Form, DAR #34349) ............................................... P-12 

R307-342: DAR Bulletin (Feb 1, 2011) Rule Analysis Form, DAR #34348) .............................................. P-17 

Public Hearing/Comments 

Hearing Statement ....................................................................................................................... H-1 

Summary of Public Comments ....................................................................................................................... H-2 

Effective Rule 

Final Text ofR307-328 ........................................................................................................................ E-1 

R307-328: DAR Bulletin (June 15, 2011) Effective Date Notice ..................................................................... E-5 

R307-342: DAR Bulletin (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 of state and purpose of chapter -- Support of local and regional programs -- Provision 

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

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

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

19-2-104. Powers of board ......................................................................................................................................... .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 of construction or modification of installations required -- Authority of executive secretary to 

prohibit construction -- Hearings -- Limitations on authority of board -- Inspections authorized ................................. 7 

19-2-109. Air quality standards -- Hearings on adoption -- Orders of executive secretary -- Adoption of emission 

control requirements ...................................................................................................................................................... 7 

19-2-109.1. Operating permit required -- 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 of air pollution creating emergency -- Sources causing imminent danger to health 

-- Powers of executive director -- Declaration of emergency ...................................................................................... 10 

19-2-113. Variances -- Judicial review ...................................................................................................................... 10 

19-2-114. Activities not in violation of chapter or rules ............................................................................................ 11 

19-2-115. Violations -- Penalties -- Reimbursement for expenses ............................................................................ 11 

19-2-116. Injunction or other remedies to prevent violations -- Civil actions not abridged ...................................... 12 

19-2-117. Attorney general as legal advisor to board -- Duties of attorney general and county attorneys ................ 12 

19-2-118. Violation of injunction evidence of contempt. .......................................................................................... 13 

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

or other catastrophes .................................................................................................................................................... 13 

19-2-120. Information required of owners or operators of air contaminant sources ................................................. 13 

19-2-121. Ordinances of political subdivisions authorized ........................................................................................ 13 

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

19-2-123. Tax relief to encourage investment in facilities -- Sales and use tax exemption ....................................... 13 

19-2-124. Application for certification of pollution control facility -- Refunds -- Interest. ...................................... 13 

19-2-125. Action on application for certification ...................................................................................................... 14 

19-2-126. Revocation of certification -- Grounds -- Procedure ................................................................................. 14 

19-2-127. Rules for administering certification for tax relief .................................................................................... 15 

C-1 
Title 19. Environmental Quality Code 

Chapter 2. Air Conservation Act 

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

and purpose of chapter -- Support of local 

and regional programs -- Provision of 

coordinated statewide program. 

(1) This chapter is known as the "Air 

Conservation Act." 

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

this chapter to achieve and maintain levels of air quality 

which will protect human health and safety, and to the 

greatest degree practicable, prevent injury to plant and 

animal life and property, foster the comfort and 

convenience of the people, promote the economic and 

social development of this state, and facilitate the 

enjoyment of the natural attractions of this state. 

(3) Local and regional air pollution control 

programs shall be supported to the extent practicable as 

essential instruments to secure and maintain appropriate 

levels of air quality. 

(4) The purpose of this chapter is to: 

(a) provide for a coordinated statewide program 

of air pollution prevention, abatement, and control; 

(b) provide for an appropriate distribution of 

responsibilities among the state and local units of 

government; 

( c) facilitate cooperation across jurisdictional 

lines in dealing with problems of air pollution not confined 

within single jurisdictions; and 

(d) provide a framework within which air quality 

may be protected and consideration given to the public 

interest at all levels of planning and development within the 

state. 

19-2-102. Definitions. 

As used in this chapter: 

(1) "Air contaminant" means any particulate 

matter or any gas, vapor, suspended solid, or any 

combination of them, excluding steam and water vapors. 

(2) "Air contaminant source" means all sources 

of emission of air contaminants whether privately or 

publicly owned or operated. 

(3) "Air pollution" means the presence in the 

ambient air of one or more air contaminants in the 

quantities and duration and under conditions and 

circumstances as is or tends to be injurious to human health 

or welfare, animal or plant life, or property, or would 

unreasonably interfere with the enjoyment of life or use of 

property, as determined by the rules adopted by the board. 

(4) "Ambient air" means the surrounding or 

outside air. 

(5) "Asbestos" means the asbestiform varieties 

of serpentine ( chrysotile ), riebeckite ( crocidolite ), 

cummingtonite-grunerite, anthophyllite, and actinolitetremolite. 

(6) "Asbestos-containing material" means any 

material containing more than 1 % asbestos, as determined 

·. 

using the method adopted in 40 CFR Part 61, Subpart M, 

National Emission Standard for Asbestos. 

(7) "Asbestos inspection" means an activity 

undertaken to determine the presence or location, or to 

assess the condition of, asbestos-containing material or 

suspected asbestos-containing material, whether by visual 

or physical examination, or by taking samples of the 

material. 

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

(b) "Board" means, as used in Sections 19-2-123 

through 19-2-126, the Air Quality Board or the Water 

Quality Board. 

(9) "Clean school bus" has the same meaning as 

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

(I 0) "Executive secretary" means the executive 

secretary of the board. 

(11) (a) "Facility" means machinery, equipment, 

structures, or any part or accessories of them, installed or 

acquired for the primary purpose of controlling or 

disposing of air pollution. 

(b) "Facility" does not include an air conditioner, 

fan, or other similar facility for the comfort of personnel. 

(12) "Friable asbestos-containing material" 

means any material containing more than 1 % asbestos, as 

determined using the method adopted in 40 CFR Part 61, 

Subpart M, National Emission Standard for Asbestos, that 

hand pressure can crumble, pulverize, or reduce to powder 

when dry. 

(13) "Indirect source" means a facility, building, 

structure, or installation which attracts or may attract 

mobile source activity that results in emissions of a 

pollutant for which there is a national standard. 

(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, or any addition to, 

reconstruction, replacement or improvement of, land or an 

existing structure, building, installation, excavation, 

machinery, equipment, or device reasonably used, erected, 

constructed, acquired, or installed by any person if the 

primary purpose of the use, erection, construction, 

acquisition, or installation is the prevention, control, or 

reduction of air or water pollution by: 

(i) the disposal or elimination of or redesign to 

eliminate waste and the use of treatment works for 

industrial waste as defined in Title 19, Chapter 5, Water 

Quality Act; or 

(ii) the disposal, elimination, or reduction of or 

redesign to eliminate or reduce air contaminants or air 

pollution or air contamination sources and the use of air 

cleaning devices. 

(b) "Pollution control facility" or "facility" does 

not include air conditioners, septic tanks, or other facilities 

for human waste, nor any property installed, constructed, or 

used for the moving of sewage to the collection facilities of 

a public or quasi-public sewerage system. 

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

Appointment -- Terms -- Organization -- Per 

diem and expenses. 

(1) The board comprises 11 members, one of 

whom shall be the executive director and 10 of whom shall 

be appointed by the governor with the consent of the 

Senate. 

(2) The members shall be knowledgeable of air 

pollution matters and shall be: 

(a) a practicing physician 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 of the public not 

representing or connected with industry, at least one of 

whom represents organized environmental interests. 

(3) No more than five of the appointed members 

shall belong to the same political party. 

(4) The majority of the members may not derive 

any significant portion of their income from persons subject 

to permits or orders under this chapter. Any potential 

conflict of interest of any member or the executive 

secretary, relevant to the interests of the board, shall be 

adequately disclosed. 

(5) Members serving on the Air Conservation 

Committee created by Laws of Utah 1981, Chapter 126, as 

amended, shall serve as members of the board throughout 

the terms for which they were appointed. 

( 6) (a) Except as required by Subsection ( 6)(b ), 

members shall be appointed for a term of four years. 

(b) Notwithstanding the requirements of 

Subsection (6)(a), the governor shall, at the time of 

appointment or reappointment, adjust the length of terms to 

ensure that the terms of board members are staggered so 

that approximately half of the board is appointed every two 

years. 

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

(8) A member shall hold office until the 

expiration of the member's term and until the member's 

successor is appointed, but not more than 90 days after the 

expiration of the member's term. 

(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 of the executive secretary, 

or upon the request of three members of the board. 

(b) Three days' notice shall be given to each 

member of the board prior to any meeting. 

(12) Six members constitute a quorum at any 

meeting, and the action of a majority of members present is 

the action of the board. 

(13) (a) (i) A member who is not a government 

employee shall receive no compensation or benefits for the 

member's services, but may receive per diem and expenses 

incurred in the performance of the member's official duties 

at the rates established by the Division of Finance under 

Sections 63A-3-106 and 63A-3-107. 

(ii) A member may decline to receive per diem 

and expenses for the member's service. 

(b) (i) A state government officer and employee 

member who does not receive salary, per diem, or expenses 

from the agency the member represents for the member's 

service may receive per diem and expenses incurred in the 

performance of the member's official duties from the board 

at the rates established by the Division of Finance 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, or expenses from the entity that 

the member represents for the member's service may 

receive per diem and expenses incurred in the performance 

of the member's official duties at the rates established by 

the Division of Finance under Sections 63A-3-106 and 

63A-3-107. 

(ii) A local government member may decline to 

receive per diem and expenses for the member's service. 

19-2-104. Powers of board. 

(1) The board may make rules in accordance 

with Title 63G, Chapter 3, Utah Administrative 

Rulemaking Act: 

(a) regarding the control, abatement, and 

prevention of air pollution from all sources and the 

establishment of the maximum quantity of air contaminants 

that may be emitted by any air contaminant source; 

(b) establishing air quality standards; 

(c) requiring persons engaged in operations 

which result in air pollution to: 

(i) install, maintain, and use emission monitoring 

devices, as the board finds necessary; 

(ii) file periodic reports containing information 

relating to the rate, period of emission, and composition of 

the air contaminant; and 

(iii) provide access to records relating to 

emissions which cause or contribute to air pollution; 

(d) implementing 15 U.S.C.A. 2601 et seq. 

Toxic Substances Control Act, Subchapter II - Asbestos 

Hazard Emergency Response, and reviewing and approving 

asbestos management plans submitted by local education 

agencies under that act; 

(e) establishing a requirement for a diesel 

emission opacity inspection and maintenance program for 

diesel-powered motor vehicles; 

(f) implementing an operating permit program as 

required by and in conformity with Titles IV and V of the 

federal Clean Air Act Amendments of 1990; 

(g) establishing requirements for county 

emissions inspection and maintenance programs after 

obtaining agreement from the counties that would be 

affected by the requirements; 

C-3 
(h) with the approval of the 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 governments to the 

extent necessary to attain and maintain ambient air quality 

standards consistent with the state implementation plan and 

federal requirements under the standards set forth in 

Subsection (2); and 

(i) implementing lead-based paint remediation 

training, certification, and performance requirements in 

accordance with 15 U.S.C.A. 2601 et seq., Toxic 

Substances Control Act, Subchapter IV -- Lead Exposure 

Reduction, Sections 402 and 406. 

(2) When implementing Subsection (l)(h) the 

board shall take into consideration: 

(a) the impact of the business on overall air 

quality; and 

(b) the need of the business to use automobiles in 

order to carry out its business purposes. 

(3) The board may: 

(a) (i) hold a hearing that is not an adjudicative 

proceeding relating to any aspect of or matter in the 

administration of this chapter and compel the attendance of 

witnesses and the production of documents and other 

evidence, administer oaths and take testimony, and receive 

evidence as necessary; 

(ii) receive a proposed dispositive action from an 

administrative law judge 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 law judge for further action as directed; 

(b) issue orders necessary to enforce the 

provisions of this chapter, enforce the orders by appropriate 

administrative and judicial proceedings, and institute 

judicial proceedings to secure compliance with this chapter; 

(c) settle or compromise any civil action initiated 

to compel compliance with this chapter and the rules made 

under this chapter; 

( d) secure necessary scientific, technical, 

administrative, and operational services, including 

laboratory facilities, by contract or otherwise; 

(e) prepare and develop a comprehensive plan or 

plans for the prevention, abatement, and control of air 

pollution in this state; 

(f) encourage voluntary cooperation by persons 

and affected groups to achieve the purposes of this chapter; 

(g) encourage local units of government to 

handle air pollution within their respective jurisdictions on 

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 of field studies and 

sampling the degree of air contamination and air pollution 

in all parts of the state; 

(j) monitor the effects of the emission of air 

contaminants from motor vehicles on the quality of the 

outdoor atmosphere in all parts of this state and take 

appropriate action with respect to them; 

(k) collect and disseminate information and 

conduct educational and training programs relating to air 

contamination and air pollution; 

(I) advise, consult, contract, and cooperate with 

other agencies of the state, local governments, industries, 

other states, interstate or interlocal agencies, the federal 

government, and with interested persons or groups; 

(m) consult, upon request, with any person 

proposing to construct, install, or otherwise acquire an air 

contaminant source in the state concerning the efficacy of 

any proposed control device, or system for this source, or 

the air pollution problem which may be related to the 

source, device, or system, but a consultation does not 

relieve any person from compliance with this chapter, the 

rules adopted under it, or any other provision of law; 

(n) accept, receive, and administer grants or 

other funds or gifts from public and private agencies, 

including the federal government, for the purpose of 

carrying out any of the functions of this chapter; 

(o) require the owner and operator of each new 

source which directly emits or has the potential to emit 100 

tons per year or more of any air contaminant or the owner 

or operator of each existing source which by modification 

will increase emissions or have the potential of increasing 

emissions by 100 tons per year or more of any air 

contaminant, to pay a fee sufficient to cover the reasonable 

costs of: 

(i) reviewing and acting upon the notice required 

under Section 19-2-108; and 

(ii) implementing and enforcing requirements 

placed on the sources by any approval order issued 

pursuant to notice, not including any court costs associated 

with any enforcement action; 

(p) assess and collect noncompliance penalties as 

required in Section 120 of the federal Clean Air Act, 42 

U.S.C. Sec. 7420; 

(q) meet the requirements of federal air pollution 

laws; 

(r) establish work practice, certification, and 

clearance air sampling requirements for persons who: 

(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 or in school buildings that are subject 

to the federal Asbestos Hazard Emergency Response Act of 

1986; 

(iii) conduct asbestos inspections in facilities 

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

Control Act, Subchapter II - Asbestos Hazard Emergency 

Response; or 

(iv) conduct lead paint inspections in facilities 

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

Control Act, Subchapter IV -- Lead Exposure Reduction; 

(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, abatement project designers, 

C-4 
asbestos abatement contractors and supervisors, or asbestos 

abatement workers; 

(t) establish certification requirements for 

asbestos project monitors, which shall provide for 

experience-based certification of persons who, prior to 

establishment of the certification requirements, had 

received relevant asbestos training, as defined by rule, and 

had acquired at least 1,000 hours of experience as project 

monitors; 

(u) establish certification procedures and 

requirements for certification of the conversion ofa motor 

vehicle to a clean-fuel vehicle, certifying the vehicle is 

eligible for the tax credit granted in Section 59-7-605 or 59-

10-1009; 

(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, or abatement workers; and 

(x) assist the State Board of Education in 

adopting school bus idling reduction standards and 

implementing an idling reduction program in accordance 

with Section 41-6a-1308. 

( 4) Any rules adopted under this chapter shall be 

consistent with provisions of federal laws, if any, relating 

to control of motor vehicles or motor vehicle emissions. 

(5) Nothing in this chapter authorizes the board 

to require installation of or payment for any monitoring 

equipment by the owner or operator of a source if the 

owner or operator has installed or is operating monitoring 

equipment that is equivalent to equipment which the board 

would require under this section. 

19-2-105. Duties of board. 

The board, in conjunction with the governing 

body of each county identified in Section 4 l-6a-l 643 and 

other interested parties, shall perform an evaluation of the 

inspection and maintenance program developed under 

Section 4 l-6a-l 643 including issues relating to: 

( l) the implementation of a standardized 

inspection and maintenance program; 

(2) out-of-state registration of vehicles used in 

Utah; 

(3) out-of-county registration of vehicles used 

within the areas required to have an inspection and 

maintenance program; 

(4) use of the farm truck exemption; 

(5) mechanic training programs; 

(6) emissions standards; and 

(7) emissions waivers. 

19-2-105.3. Clean fuel requirements 

for fleets. 

( 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) other fuel the Air Quality Board created in 

Title 19, Chapter 2, Air Conservation Act, determines 

annually on or before 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 or operated by a single entity as 

defined by board rule; and 

(ii) capable of being fueled or that are fueled at a 

central location. 

(d) "Fleet" does not include motor vehicles that 

are: 

(i) held for lease or rental to the general public; 

(ii) held for sale or used as demonstration 

vehicles by motor vehicle dealers; 

(iii) used by motor vehicle manufacturers for 

product evaluations or tests; 

(iv) authorized emergency vehicles as defined in 

Section 4 l-6a-102; 

(v) registered under Title 41, Chapter la, Part 2, 

Registration, as farm vehicles; 

(vi) special mobile equipment as defined in 

Section 41-1 a-102; 

(vii) heavy duty trucks with a gross vehicle 

weight rating of more than 26,000 pounds; 

(viii) regularly used by employees to drive to 

and from work, parked at the employees' personal 

residences when they are not at their employment, and not 

practicably fueled at a central location; 

(ix) owned, operated, or leased by public transit 

districts; or 

(x) exempted by board rule. 

(2) (a) After evaluation of reasonably available 

pollution control strategies, and as part of the state 

implementation plan demonstrating attainment of the 

national ambient air quality standards, the board may by 

rule, subject to Subsection (2)( c ), require fleets in specified 

geographical areas to use clean fuels ifthe board 

determines fleet use of clean fuels is: 

(i) necessary to demonstrate attainment of the 

national ambient air quality standards in any area where 

they are required; and 

(ii) reasonably cost effective when compared to 

other similarly beneficial control strategies for 

demonstrating attainment of the national ambient air 

quality standards. 

(b) State implementation plans developed prior 

to July l, 1995, may require fleets to use clean fuels no 

earlier than July l, 1995, unless the board determines fleet 

use of clean fuels is necessary prior to July l, 1995, to 

demonstrate attainment of the national ambient air quality 

standards in any area by an attainment date established by 

federal law. 

(c) The board may not require more than 50% of 

those trucks in a fleet that are heavy duty trucks having a 

gross vehicle weight rating of more than 8,500 pounds and 

not more than 26,000 pounds to convert to clean fuels 

under Subsection (2)(b). 

C-5 
(3) (a) After evaluation of reasonably available 

pollution control strategies, and as part of a state 

implementation plan demonstrating only maintenance of 

the national ambient air quality standards, the board may by 

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

geographical areas to use clean fuels ifthe board 

determines fleet use of clean fuels is: 

(i) necessary to demonstrate maintenance of the 

national ambient air quality standards in any area where 

they are required; and 

(ii) reasonably cost effective as compared with 

other similarly beneficial control strategies for 

demonstrating maintenance of the national ambient air 

quality standards. 

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

require no more than: 

(i) 30% of a fleet to use clean fuels before 

January 1, 1998; 

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

January 1, 1999; and 

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

January 1, 2000. 

(c) The board may not require more than 50% of 

those trucks in a fleet that are heavy duty trucks having a 

gross vehicle weight rating of more than 8,500 pounds and 

not more than 26,000 pounds to convert to clean fuels 

under Subsection (3)(b). 

(4) Rules the board makes under this section 

may include: 

(a) dates by which fleets are required to convert 

to clean fuels under the provisions of this section; 

(b) definitions of fleet owners or operators; 

(c) definitions of vehicles exempted from this 

section by rule; 

( d) certification requirements for persons who 

install clean fuel conversion equipment, including testing 

and certification standards regarding installers; and 

( e) certification fees for installers, established 

under Section 63J-l-504. 

(5) Implementation of this section and rules 

made under this section are subject to the reasonable 

availability of clean fuel in the local market as determined 

by the board. 

19-2-106. Rulemaking authority and 

procedure. 

(1) Except as provided in Subsection (2), no rule 

which the board makes for the purpose of administering a 

program under the federal Clean Air Act may be more 

stringent than the corresponding federal regulations which 

address the same circumstances. In making rules, the board 

may incorporate by reference corresponding federal 

regulations. 

(2) The board may make rules more stringent 

than corresponding federal regulations for the purpose 

described in Subsection (1), only ifit makes a written 

finding after public comment and hearing and based on 

evidence in the record, that corresponding federal 

regulations are not adequate to protect public health and the 

environment of the state. Those findings shall be 

accompanied by an opinion referring to and evaluating the 

public health and environmental information and studies 

contained in the record which form the basis for the board's 

conclusion. 

19-2-107. Executive secretary --

Appointment -- Powers. 

(1) The executive secretary shall be appointed by 

the executive director, with the approval of the board, and 

shall serve under the administrative direction of the 

executive director. 

(2) The executive secretary may: 

(a) develop programs for the prevention, control, 

and abatement of new or existing air pollution resources of 

the state; 

(b) advise, consult, and cooperate with other 

agencies of the state, the federal government, other states 

and interstate agencies, and with affected groups, political 

subdivisions, and industries in furtherance of the purposes 

of this chapter; 

(c) employ full-time employees necessary to 

carry out this chapter; 

( d) as authorized by the board, subject to the 

provisions of this chapter, authorize any employee or 

representative of the department to enter at reasonable time 

and upon reasonable notice in or upon public or private 

property for the purposes of inspecting and investigating 

conditions and plant records concerning possible air 

pollution; 

( e) encourage, participate in, or conduct studies, 

investigations, research, and demonstrations relating to air 

pollution and causes of it as advisable and necessary for the 

discharge of duties assigned under this chapter, including 

the establishment of inventories of pollution sources; 

(f) collect and disseminate information relating 

to air pollution and the prevention, control, and abatement 

of it; 

(g) as authorized by the board subject to the 

provisions of this chapter, enforce rules through the 

issuance of orders, including: 

(i) prohibiting or abating discharges of wastes 

affecting ambient air; 

(ii) requiring the construction of new contro 1 

facilities or any parts of new control facilities or the 

modification, extension, or alteration of existing control 

facilities or any parts of new control facilities; or 

(iii) the adoption of other remedial measures to 

prevent, control, or abate air pollution; 

(h) review plans, specifications, or other data 

relative to pollution control systems or any part of the 

systems provided in this chapter; 

(i) as authorized by the board, subject to the 

provisions of this chapter, exercise all incidental powers 

necessary to carry out the purposes of this chapter, 

including certification to any state or federal authorities for 

tax purposes the fact of construction, installation, or 

acquisition of any facility, land, building, machinery, or 

equipment or any part of them, in conformity with this 

chapter; 

U) cooperate with any person in studies and 

research regarding air pollution, its control, abatement, and 

prevention; and 

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(k) represent the state with the specific 

concurrence of the executive director in all matters 

pertaining to interstate air pollution, including interstate 

compacts and similar agreements. 

19-2-108. Notice of construction or 

modification of installations required --

Authority of executive secretary to prohibit 

construction -- Hearings -- Limitations on 

authority of board -- Inspections authorized. 

( 1) The board shall require that notice be given to the 

executive secretary by any person planning to construct a new 

installation which will or might reasonably be expected to be a 

source or indirect source of air pollution or to make modifications 

to an existing installation which will or might reasonably be 

expected to increase the amount of or change the character or 

effect of air contaminants discharged, so that the installation may 

be expected to be a source or indirect source of air pollution, or by 

any person planning to install an air cleaning device or other 

equipment intended to control emission of air contaminants. 

(2) (a) (i) The executive secretary may require, as a 

condition precedent to the construction, modification, installation, 

or establishment of the air contaminant source or indirect source, 

the submission of plans, specifications, and other information as he 

finds necessary to determine whether the proposed construction, 

modification, installation, or establishment will be in accord with 

applicable rules in force under this chapter. 

(ii) Plan approval for an indirect source may be 

delegated by the executive secretary to a local authority when 

requested and upon assurance that the local authority has and will 

maintain sufficient expertise to insure that the planned installation 

will meet the requirements established by law. 

(b) If within 90 days after the receipt of plans, 

specifications, or other information required under this subsection, 

the executive secretary determines that the proposed construction, 

installation, or establishment or any part of it will not be in accord 

with the requirements of this chapter or applicable rules or that 

further time, not exceeding three extensions of 30 days each, is 

required by the board to adequately review the plans, 

specifications, or other information, he shall issue an order 

prohibiting the construction, installation, or establishment of the air 

contaminant source or sources in whole or in part. 

(3) In addition to any other remedies, any person 

aggrieved by the issuance of an order either granting or denying a 

request for the construction of a new installation, and prior to 

invoking any such other remedies shall, upon request, in 

accordance with the rules of the board, be entitled to a hearing 

conducted by an administrative law judge as provided by Section 

19-1-30 I. Following the hearing and the receipt by the board of 

the proposed dispositive action from the administrative law judge, 

the board may affirm, modify, or withdraw the permit. 

( 4) Any features, machines, and devices constituting 

parts of or called for by plans, specifications, or other information 

submitted under Subsection ( 1) shall be maintained in good 

working order. 

(5) This section does not authorize the board to require 

the use of machinery, devices, or equipment from a particular 

supplier or produced by a particular manufacturer ifthe required 

performance standards may be met by machinery, devices, or 

equipment otherwise available. 

(6) (a) Any authorized officer, employee, or 

representative of the board may enter and inspect any property, 

premise, or place on or at which an air contaminant source is 

located or is being constructed, modified, installed, or established 

at any reasonable time for the purpose of ascertaining the state of 

compliance with this chapter and the rules adopted under it. 

(b) (i) A person may not refuse entry or access to any 

authorized representative of the board who requests entry for 

purposes of inspection and who presents appropriate credentials. 

(ii) A person may not obstruct, hamper, or interfere 

with any inspection. 

( c) If requested, the owner or operator of the premises 

shall receive a report setting forth all facts found which relate to 

compliance status. 

19-2-109. Air quality standards --

Hearings on adoption -- Orders of executive 

secretary -- Adoption of emission control 

requirements. 

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

quality for ambient air, shall conduct public hearings. 

(b) Notice of any public hearing for the 

consideration, adoption, or amendment of air quality 

standards shall specify the locations to which the proposed 

standards apply and the time, date, and place of the 

hearing. 

( c) The notice shall be: 

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

of general circulation in the area affected; and 

(B) published, in accordance with Section 45-1-

10 I, at least 20 days before the public hearing; and 

(ii) mailed at least 20 days before the public 

hearing to the chief executive of each political subdivision 

of the area affected and to other persons the executive 

secretary has reason to believe will be affected by the 

standards. 

(d) The adoption of air quality standards or any 

modification or changes to air quality standards shall be by 

order of the executive secretary following formal action of 

the board with respect to the standards. 

(e) The order shall be published: 

(i) in a newspaper of general circulation in the 

area affected; and 

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

(2) (a) The board may establish emission control 

requirements by rule that in its judgment may be necessary 

to prevent, abate, or control air pollution that may be 

statewide or may vary from area to area, taking into 

account varying local conditions. 

(b) In adopting these requirements, the board 

shall give notice and conduct public hearings in accordance 

with the requirements in Subsection (1). 

19-2-109.1. Operating permit 

required -- Emissions fee -- Implementation. 

(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 amended in 1990. 

(c) "Operating permit" means a permit issued by 

the executive secretary to sources of air pollution that meet 

the requirements of Titles IV and V of the 1990 Clean Air 

Act. 

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(d) "Program" means the air pollution operating 

permit program established under this section to comply 

with Title V of the 1990 Clean Air Act. 

(e) "Regulated pollutant" has the same meaning 

as defined in Title V of the 1990 Clean Air Act and 

implementing federal regulations. 

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

air pollution required to have a permit under Title V of the 

1990 Clean Air Act without having obtained an operating 

permit from the executive secretary under procedures the 

board establishes by rule. 

(b) A person is not required to submit an 

operating permit application until the governor has 

submitted an operating permit program to the EPA. 

( c) Any operating permit issued under this 

section may not become effective until the day after the 

EPA issues approval of the permit program or November 

15, 1995, whichever occurs first. 

(3) (a) Operating permits issued under this 

section shall be for a period of five years unless the board 

makes a written finding, after public comment and hearing, 

and based on substantial evidence in the record, that an 

operating permit term of less than five years is necessary to 

protect the public health and the environment of the state. 

(b) The executive secretary may issue, modify, 

or renew an operating permit only after providing public 

notice, an opportunity for public comment, and an 

opportunity for a public hearing. 

( c) The executive secretary shall, in conformity 

with the 1990 Clean Air Act and implementing federal 

regulations, revise the conditions of issued operating 

permits to incorporate applicable federal regulations in 

conformity with Section 502(b )(9) of the 1990 Clean Air 

Act, if the remaining period of the permit is three or more 

years. 

(d) The executive secretary may terminate, 

modify, revoke, or reissue an operating permit for cause. 

( 4) (a) The board shall establish a proposed 

annual emissions fee that conforms with Title V of the 

1990 Clean Air Act for each ton of regulated pollutant, 

applicable to all sources required to obtain a permit. The 

emissions fee established under this section is in addition to 

fees assessed under Section 19-2-108 for issuance of an 

approval order. 

(b) In establishing the fee the board shall comply 

with the provisions of Section 63J-1-504 that require a 

public hearing and require the established fee to be 

submitted to the Legislature for its approval as part of the 

department's annual appropriations request. 

( c) The fee shall cover all reasonable direct and 

indirect costs required to develop and administer the 

program and the small business assistance program 

established under Section 19-2-109.2. The board shall 

prepare an annual report of the emissions fees collected and 

the costs covered by those fees under this Subsection (4). 

( d) The fee shall be established uniformly for all 

sources required to obtain an operating permit under the 

program and for all regulated pollutants. 

( e) The fee may not be assessed for emissions of 

any regulated pollutant ifthe emissions are already 

accounted for within the emissions of another regulated 

pollutant. 

(f) An emissions fee may not be assessed for any 

amount of a regulated pollutant emitted by any source in 

excess of 4,000 tons per year of that regulated pollutant. 

(5) Emissions fees for the period: 

(a) of July I, 1992, through June 30, 1993, shall 

be based on the most recent emissions inventory prepared 

by the executive secretary; and 

(b) on and after July l, 1993, but prior to 

issuance of an operating permit, shall be based on the most 

recent emissions inventory, unless a source elects prior to 

July 1, 1992, to base the fee on allowable emissions, if 

applicable for a regulated pollutant. 

(6) After an operating permit is issued the 

emissions fee shall be based on actual emissions for a 

regulated pollutant unless a source elects, prior to the 

issuance or renewal of a permit, to base the fee during the 

period of the permit on allowable emissions for that 

regulated pollutant. 

(7) If the owner or operator of a source subject to 

this section fails to timely pay an annual emissions fee, the 

executive secretary may: 

(a) impose a penalty of not more than 50% of the 

fee, in addition to the fee, plus interest on the fee computed 

at 12% annually; or 

(b) revoke the operating permit. 

(8) The owner or operator of a source subject to 

this section may contest an emissions fee assessment or 

associated penalty in an adjudicative hearing under the 

Title 63G, Chapter 4, Administrative Procedures Act, and 

Section 19-1-301, as provided in this Subsection (8). 

(a) The owner or operator must pay the fee under 

protest prior to being entitled to a hearing. Payment of an 

emissions fee or penalty under protest is not a waiver of the 

right to contest the fee or penalty under this section. 

(b) A request for a hearing under this Subsection 

(8) shall be made after payment of the emissions fee and 

within six months after the emissions fee was due. 

(9) To reinstate an operating permit revoked 

under Subsection (7) the owner or operator shall pay all 

outstanding emissions fees, a penalty of not more than 50% 

of all outstanding fees, and interest on the outstanding 

emissions fees computed at 12% annually. 

(10) All emissions fees and penalties collected 

by the department under this section shall be deposited in 

the General Fund as the Air Pollution Operating Permit 

Program dedicated credit to be used solely to pay for the 

reasonable direct and indirect costs incurred by the 

department in developing and administering the program 

and the small business assistance program under Section 

19-2-109.2. 

(11) Failure of the executive secretary to act on 

any operating permit application or renewal is a final 

administrative action only for the purpose of obtaining 

judicial review by any of the following persons to require 

the executive secretary to take action on the permit or its 

renewal without additional delay: 

(a) the applicant; 

(b) any person who participated in the public 

comment process; or 

(c) any other person who could obtainjudicial 

review of that action under applicable law. 

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19-2-109.2. Small business assistance 

program. 

( 1) The board shall establish a small business 

stationary source technical and environmental compliance 

assistance program that conforms with Title V of the 1990 

Clean Air Act to assist small businesses to comply with 

state and federal air pollution laws. 

(2) There is created the Compliance Advisory 

Panel to advise and monitor the program created in 

Subsection (1 ). The seven panel members are: 

(a) two members who are not owners or 

representatives of owners of small business stationary air 

pollution sources, selected by the governor to represent the 

general public; 

(b) four members who are owners or who 

represent owners of small business stationary sources 

selected by leadership of the Utah Legislature as follows: 

(i) one member selected by the majority leader 

of the Senate; 

(ii) one member selected by the minority leader 

of the Senate; 

(iii) one member selected by the majority leader 

of the House of Representatives; and 

(iv) one member selected by the minority leader 

of the House of Representatives; and 

(c) one member selected by the executive 

director to represent the Division of Air Quality, 

Department of Environmental Quality. 

(3) (a) Except as required by Subsection (b), as 

terms of current panel members expire, the department 

shall appoint each new member or reappointed member to a 

four-year term. 

(b) Notwithstanding the requirements of 

Subsection (a), the department shall, at the time of 

appointment or reappointment, adjust the length of terms to 

ensure that the terms of panel members are staggered so 

that approximately half of the panel is appointed every two 

years. 

(4) Members may serve more than one term. 

(5) Members shall hold office until the 

expiration of their terms and until their successors are 

appointed, but not more than 90 days after the expiration of 

their terms. 

(6) When a vacancy occurs in the membership 

for any reason, the replacement shall be appointed for the 

unexpired term. 

(7) Every two years, the panel shall elect a chair 

from its members. 

(8) (a) The panel shall meet as necessary to carry 

out its duties. Meetings may be called by the chair, the 

executive secretary, or upon written request of three of the 

members of the panel. 

(b) Three days' notice shall be given to each 

member of the panel prior to a meeting. 

(9) Four members constitute a quorum at any 

meeting, and the action of the majority of members present 

is the action of the panel. 

(10) (a) (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 of the member's official duties 

at the rates established by the Division of Finance 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 not receive salary, per diem, or expenses 

from their agency for their service may receive per diem 

and expenses incurred in the performance of their official 

duties from the panel at the rates established by 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 on the committee shall receive 

compensation and expenses as provided by law and 

legislative rule. 

19-2-109.3. Public access to 

information. 

A copy of each permit application, compliance 

plan, emissions or compliance monitoring report, 

certification, and each operating permit issued under this 

chapter shall be made available to the public in accordance 

with Title 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 a program to certify 

private sector AQPPs, including consultants and employees 

of companies that may seek air quality permits from the 

division. Any program established under this section shall 

include: 

(a) a training program established and operated 

by the department, which describes and explains the state 

law and rules regarding the air quality permit application 

and approval procedure under this chapter; 

(b) the requirement to pass an exam to measure 

qualifications of AQPP applicants; 

(c) an option for certification of an AQPP by 

passing the exam without undergoing any training required 

under the program; 

(d) an application process, including a fee 

established under Section 631-1-504 that covers the costs of 

the training, testing, and application process and the 

department's maintenance of a list of certified AQPPs; 

(e) certification of qualified AQPP applicants; 

(t) maintenance by the department of a current 

list of certified AQPPs, which is available to the public; 

(g) procedures for the expedited review by the 

department of air quality permit applications submitted by 

certified AQPPs; and 

(h) professional standards for AQPPs. 

(3) The board may not require AQPP 

certification as a condition of preparing or submitting a 

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notice of intent or operating permit application under this 

chapter. 

(4) Any program under this section shall provide 

for revocation of any certification issued under this section 

ifthe department determines, through an administrative 

hearing conducted under Title 63G, Chapter 4, 

Administrative Procedures Act, and Section 19-1-301, that 

the AQPP: 

(a) knowingly or negligently submitted false 

information or data as part of an air quality permit 

application; 

(b) prepared more than three air quality permit 

applications in one calendar year in a manner that each did 

not substantially comply with department application 

requirements; or 

(c) prepared any air quality permit application in 

violation of the professional standards defined by 

department rule. 

19-2-110. Violations -- Notice to 

violator -- Corrective action orders --

Conference, conciliation, and persuasion by 

board -- Hearings. 

(1) (a) Whenever the executive secretary has 

reason to believe that a violation of any provision of this 

chapter or any rule issued under it has occurred, he may 

serve written notice of the violation upon the alleged 

violator. The notice shall specify the provision of this 

chapter or rule alleged to be violated, the facts alleged to 

constitute the violation, and may include an order that 

necessary corrective action be taken within a reasonable 

time. 

(b) In lieu of beginning an adjudicative 

proceeding under Subsection (l)(a), the board may initiate 

an action pursuant to Section 19-2-115. 

(2) Nothing in this chapter prevents 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 law judge as provided by Section 19-1-301. 

19-2-112. Generalized condition of 

air pollution creating emergency -- Sources 

causing imminent danger to health -- Powers 

of executive director -- Declaration of 

emergency. 

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

Procedures Act, and any other provision of law to the 

contrary notwithstanding, ifthe executive director finds 

that a generalized condition of air pollution exists and that 

it creates an emergency requiring immediate action to 

protect human health or safety, the executive director, with 

the concurrence of the governor, shall order persons 

causing or contributing to the air pollution to reduce or 

discontinue immediately the emission of air contaminants. 

(b) The order shall fix a place and time, not later 

than 24 hours after its issuance, for a hearing to be held 

before the governor. 

(c) Not more than 24 hours after the 

commencement of this hearing, and without adjournment of 

it, the governor shall affirm, modify, or set aside the order 

of the executive director. 

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

of air pollution referred to in Subsection (1), but ifthe 

executive director finds that emissions from the operation 

of one or more air contaminant sources is causing imminent 

danger to human health or safety, the executive director 

may commence adjudicative proceedings under Section 

63G-4-502. 

(b) Notwithstanding Section 19-1-301, the 

executive director may conduct the emergency adjudicative 

proceeding in place of an administrative law judge. 

(3) Nothing in this section limits any power that 

the governor or any other officer has to declare an 

emergency and act on the basis of that declaration. 

19-2-113. Variances -- Judicial 

review. 

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

any plant, building, structure, establishment, process, or 

equipment may apply to the board for a variance from its 

rules. 

(b) The board may grant the requested variance 

following an announced public meeting, ifit finds, after 

considering the endangerment to human health and safety 

and other relevant factors, that compliance with the rules 

from which variance is sought would produce serious 

hardship without equal or greater benefits to the public. 

(2) A variance may not be granted under this 

section until the board has considered the relative interests 

of the applicant, other owners of property likely to be 

affected by the discharges, and the general public. 

(3) Any variance or renewal of a variance shall 

be granted within the requirements of Subsection (1) and 

for time periods and under conditions consistent with the 

reasons for it, and within the following limitations: 

(a) ifthe variance is granted on the grounds that 

there are no practicable means known or available for the 

adequate prevention, abatement, or control of the air 

pollution involved, it shall be only until the necessary 

means for prevention, abatement, or control become known 

and available, and subject to the taking of any substitute or 

alternate measures that the board may prescribe; 

(b) (i) ifthe variance is granted on the grounds 

that compliance with the requirements from which variance 

is sought will require that measures, because of their extent 

or cost, must be spread over a long period of time, the 

variance shall be granted for a reasonable time that, in the 

view of the board, is required for implementation of the 

necessary measures; and 

(ii) a variance granted on this ground shall 

contain a timetable for the implementation of remedial 

measures in an expeditious manner and shall be 

conditioned on adherence to the timetable; or 

( c) if the variance is granted on the ground that it 

is necessary to relieve or prevent hardship of a kind other 

than that provided for in Subsection (a) or (b), it shall not 

be granted for more than one year. 

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( 4) (a) Any variance granted under this section 

may be renewed on terms and conditions and for periods 

that would be appropriate for initially granting a variance. 

(b) If a complaint is made to the board because 

of the variance, a renewal may not be granted unless, 

following an announced public meeting, the board finds 

that renewal is justified. 

(c) To receive a renewal, an applicant shall 

submit a request for agency action to the board requesting a 

renewal. 

(d) Immediately upon receipt of an application 

for renewal, the board shall give public notice of the 

application as required by its rules. 

(5) (a) A variance or renewal is not a right of the 

applicant or holder but may be granted at the board's 

discretion. 

(b) A person aggrieved by the board's decision 

may obtain judicial review. 

( c) Venue for judicial review of informal 

adjudicative proceedings is in the district court in which the 

air contaminant source is situated. 

(6) (a) The board may review any variance 

during the term for which it was granted. 

(b) The review procedure is the same as that for 

an original application. 

( c) The variance may be revoked upon a finding 

that: 

(i) the nature or amount of emission has changed 

or increased; or 

(ii) if facts existing at the date of the review had 

existed at the time of the original application, the variance 

would not have been granted. 

(7) Nothing in this section and no variance or 

renewal granted pursuant to it shall be construed to prevent 

or limit the application of the emergency provisions and 

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

19-2-114. Activities not in violation 

of chapter or rules. 

The following are not a violation of this chapter 

or of any rules made under it: 

(1) burning incident to horticultural or 

agricultural operations of: 

(a) prunings from trees, bushes, and plants; or 

(b) dead or diseased trees, bushes, and plants, 

including stubble; 

(2) burning of weed growth along ditch banks 

incident to clearing these ditches for irrigation purposes; 

(3) controlled heating of orchards or other crops 

to lessen the chances of their being frozen so long as the 

(7) A person who knowingly violates any 

requirement of an applicable implementation plan adopted 

by the board, more than 30 days after having been notified 

in writing by the 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 of asbestos in violation of a rule made 

under this chapter is guilty of a third degree felony and 

subject to imprisonment under Section 76-3-203 and a fine 

ofnot more than $25,000 per day of violation in the case of 

emissions from this heating do not violate minimum 

standards set by the board; and 

(4) the controlled burning ofnot more than two 

structures per year by an organized and operating fire 

department for the purpose of training fire service 

personnel when the United States Weather Service clearing 

index is above 500. 

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

Reimbursement for expenses. 

( 1) As used in this section, the terms 

"knowingly," "willfully," and "criminal negligence" shall 

mean as defined in Section 76-2-103. 

(2) (a) A person who violates this chapter, or any 

rule, order, or permit issued or made under this chapter is 

subject in a civil proceeding to a penalty not to exceed 

$10,000 per day for each violation. 

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

under the authority of Section 19-2-104, for 

implementation of 15 U.S.C.A. 2601 et seq., Toxic 

Substances Control Act, Subchapter II - Asbestos Hazard 

Emergency Response. 

( c) Penalties assessed for violations described in 

15 U.S.C.A. 2647, Toxic Substances Control Act, 

Subchapter II - Asbestos Hazard Emergency Response, 

may not exceed the amounts specified in that section and 

shall be used in accordance with that section. 

(3) A person is guilty of a class A misdemeanor 

and is subject to imprisonment under Section 76-3-204 and 

a fine ofnot more than $25,000 per day of violation ifthat 

person knowingly violates any of the following under this 

chapter: 

(a) an applicable standard or limitation; 

(b) a permit condition; or 

( c) a fee or filing requirement. 

( 4) A person is guilty of a third degree felony 

and is subject to imprisonment under Section 76-3-203 and 

a fine of not more than $25,000 per day of violation who 

knowingly: 

(a) makes any false material statement, 

representation, or certification, in any notice or report 

required by permit; or 

(b) renders inaccurate any monitoring device or 

method required to be maintained by this chapter or 

applicable rules made under this chapter. 

(5) Any fine or penalty assessed under 

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

Section 19-2-109.1. 

(6) A person who willfully violates Section 19-2-

120 is guilty of a class A misdemeanor. 

the first offense, and not more than $50,000 per day of 

violation in the case of subsequent offenses. 

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

(i) "Hazardous air pollutant" means any 

hazardous air pollutant listed under 42 U.S.C. 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 or organized for any 

purpose, and includes a corporation, company, association, 

firm, partnership, joint stock company, foundation, 

C-11 
institution, trust, society, union, or any other association of 

persons. 

(iii) "Serious bodily injury" means bodily injury 

which involves a substantial risk of death, unconsciousness, 

extreme physical pain, protracted and obvious 

disfigurement, or protracted loss or impairment of the 

function of a bodily member, organ, or mental faculty. 

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

misdemeanor and subject to imprisonment under Section 

76-3-204 and a fine ofnot more than $25,000 per day of 

violation ifthat person with criminal negligence: 

(A) releases into the ambient air any hazardous 

air pollutant; and 

(B) places another person in imminent danger of 

death or serious bodily injury. 

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

does not include an employee who is carrying out the 

employee's normal activities and who is not a part of senior 

management personnel or a corporate officer. 

( c) A person is guilty of a second degree felony 

and is subject to imprisonment under Section 76-3-203 and 

a fine ofnot more than $50,000 per day of violation ifthat 

person: 

(i) knowingly releases into the ambient air any 

hazardous air pollutant; and 

(ii) knows at the time that the person is placing 

another person in imminent danger of death or serious 

bodily injury. 

( d) If a person is an organization, it shall, upon 

conviction of violating Subsection (8)(c), be subject to a 

fine ofnot more than $1,000,000. 

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

considered to have acted knowingly under Subsections 

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

( 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 of this chapter, or any of the rules adopted 

under it or any orders made under it by injunction or other 

appropriate remedy. The board has the power to institute 

and maintain in the name of the state any and all 

enforcement proceedings. 

(2) This chapter does not abridge, limit, impair, 

create, enlarge, or otherwise affect substantively or 

procedurally the right of any person to damages or other 

relief on account of injury to persons or property and to 

maintain any action or other appropriate proceeding for this 

purpose. 

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

this chapter, upon failure of any person to comply with any 

provision of this chapter or any rule adopted under it or any 

final order made by the board, the executive secretary, or 

the executive director and when it appears necessary for the 

(A) the defendant's conduct placed another 

person in imminent danger of death or serious bodily 

injury; and 

(B) the defendant was aware of or believed that 

there was an imminent danger of death or serious bodily 

injury to another person. 

(ii) Knowledge possessed by a person other than 

the defendant may not be attributed to the defendant. 

(iii) Circumstantial evidence may be used to 

prove that the defendant possessed actual knowledge, 

including evidence that the defendant took affirmative steps 

to be shielded from receiving relevant information. 

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

under this Subsection (8) that the conduct charged was 

freely consented to by the person endangered and that the 

danger and conduct charged were reasonably foreseeable 

hazards of: 

(A) an occupation, a business, a profession; or 

(B) medical treatment or medical or scientific 

experimentation conducted by professionally approved 

methods and the other person was aware of the risks 

involved prior to giving consent. 

(ii) The defendant has the burden of proof to 

establish any affirmative defense under this Subsection 

(8)(f) and must prove that defense by a preponderance of 

the evidence. 

(9) (a) Except as provided in Subsection (9)(b), 

and unless prohibited by federal law, all penalties assessed 

and 'collected under the authority of this section shall be 

deposited in the General Fund. 

(b) The department may reimburse itself and 

local governments from monies collected from civil 

penalties for extraordinary expenses incurred in 

environmental enforcement activities. 

protection of health and welfare, the board may initiate 

through its executive secretary an action for appropriate 

injunctive relief. 

(b) The attorney general shall bring injunctive 

relief actions on request. 

( c) A bond is not required. 

19-2-117. Attorney general as legal 

advisor to board -- Duties of attorney general 

and county attorneys. 

(I) The attorney general is the legal advisor to 

the board and its executive secretary and shall defend them 

or any of them in all actions or proceedings brought against 

them or any of them. 

(2) The county attorney in the county in which a 

cause of action arises may, upon request of the board or its 

executive secretary, bring any action, civil or criminal, to 

abate a condition which exists in violation of, or to 

prosecute for the violation of or to enforce, this chapter or 

the standards, orders, or rules of the board or the executive 

secretary issued under this chapter. 

(3) The board or its executive secretary may 

bring any action and be represented by the attorney general. 

(4) In the event any person fails to comply with a 

cease and desist order of the board or its executive 

secretary that is not subject to a stay pending administrative 

or judicial review, the board may, through its executive 

C-12 
secretary, initiate an action for, and is entitled to, injunctive 

relief to prevent any further or continued violation of the 

order. 

19-2-118. Violation of injunction 

evidence of contempt. 

Failure to comply with the terms of any 

injunction issued under this chapter is prima facie evidence 

of contempt which is punishable as for other civil 

contempts. 

19-2-119. Civil or criminal remedies 

not excluded -- Actionable rights under 

chapter -- No liability for acts of God or other 

catastrophes. 

( 1) Existing civil or criminal remedies for any 

wrongful action which is a violation of any part of the law 

are not excluded by this chapter. 

(2) Persons other than the state or the board do 

not acquire actionable rights by virtue of this chapter. 

(3) The liabilities imposed for violation of this 

chapter are not imposed for any violation caused by an act 

of God, war, strike, riot, or other catastrophe. 

19-2-120. Information required of 

owners or operators of air contaminant 

sources. 

The owner or operator of any stationary air 

contaminant source in the state shall furnish to the board 

the reports required under Section 19-2-104 and any other 

information the board finds necessary to determine 

whether the source is in compliance with state and federal 

regulations and standards. The information shall be 

correlated with applicable emission standards or limitations 

and shall be available to the public during normal business 

hours at the office of the department. 

19-2-121. Ordinances of political 

subdivisions authorized. 

Any political subdivision of the state may enact 

and enforce ordinances to control air pollution that are 

consistent with this chapter. 

19-2-122. Cooperative agreements 

between political subdivisions and 

department. 

(1) Any political subdivision of the state may 

enter into and perform with other political subdivisions of 

the state or with the department contracts and agreements 

as they find proper for establishing, planning, operating, 

and financing air pollution programs. 

(2) The agreements may provide for an agency 

to: 

(a) supervise and operate an air pollution 

program; 

(b) prescribe, subject to the approval of the 

board, the agency's powers and duties; and 

(c) fix the compensation of the agency's 

members and employees. 

19-2-123. Tax relief to encourage 

investment in facilities -- Sales and use tax 

exemption. 

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

encourage, through tax relief, investment in pollution 

control and pollution elimination facilities while at the 

same time making and keeping the state an attractive 

location for continued industrial development, including 

the expansion of existing plants, thereby increasing 

employment and payrolls and upgrading the natural 

resources of the state. 

(2) All materials and equipment purchased, 

leased, or otherwise procured and services utilized for the 

construction or installation in a pollution control facility are 

exempt from sales and use taxes imposed by Title 59, 

Chapter 12, Sales and Use Tax Act, upon obtaining a 

certification of pollution control facility from the board. 

19-2-124. Application for 

certification of pollution control facility --

Refunds -- Interest. 

(1) (a) A person who qualifies under Subsection 

(2) may apply to the board for certification of a pollution 

control facility erected, constructed, or installed, or to be 

erected, constructed, or installed in the state. 

(b) The person may file the application after: 

( i) a firm construction contract has been entered; 

or 

(ii) construction has commenced. 

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

Subsection ( 1) shall be: 

(A) the owner of a trade or business that uses 

property in the state requiring a pollution control facility to 

prevent or minimize pollution; or 

(B) a person who, as a lessee or pursuant to an 

agreement, conducts the trade or business that operates or 

uses the property. 

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

includes a contract purchaser. 

(b) The facility shall be owned, operated, or 

leased during a part of the tax year in which the exemption 

is claimed. 

( c) A person who obtains certification for a 

pollution control facility may claim an exemption from 

sales and use taxes as provided in Sections 19-2-123 and 

59-12-104. 

(d) A person who pays a tax under Title 59, 

Chapter 12, Sales and Use Tax Act, on a purchase of 

tangible personal property or services used in the 

construction of or incorporated into a pollution control 

facility that: 

(i) is not certified under Section 19-2-125, may 

obtain a refund of the tax if: 

(A) the board subsequently certifies the pollution 

control facility; 

(B) the tangible personal property or services 

meet the requirements for exemption provided in 

C-13 
Subsections 19-2-123(2) and 59-12-104(11), except for the 

certification requirement; and 

(C) the person files a claim for the refund with 

the State Tax Commission within the lesser of: 

(I) three years after the day on which the 

pollution control facility is certified under Section 19-2-

125; or 

(II) six years after the day on which the person 

pays the tax under Title 59, Chapter 12, Sales and Use Tax 

Act; or 

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

obtain a refund of the tax if: 

(A) the tangible personal property or services 

meet the requirements for exemption provided in 

Subsections 19-2-123(2) and 59-12-104(11); and 

(B) the person files a claim for the refund with 

the State Tax Commission within three years after the day 

on which the person pays the tax under Title 59, Chapter 

12, Sales and Use Tax Act. 

(e) (i) Ifa person files a claim for a refund of 

taxes under Subsection (2)(d)(i) paid on a purchase of 

tangible personal property or services used in the 

construction of or incorporated into a pollution control 

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

time of the purchase: 

(A) within 180 days after the day on which the 

board certifies the pollution control facility, interest shall 

accrue to the amount of the refund granted by the State Tax 

Commission: 

(I) at the rate prescribed in Section 59-1-402; 

and 

(II) beginning on the day on which the person 

pays the tax under Title 59, Chapter 12, Sales and Use Tax 

Act, for which the person is claiming a refund; or 

(B) more than 180 days after the day on which 

the board certifies the pollution control facility, interest 

shall be added to the amount of the refund granted by the 

State Tax Commission: 

(I) at the rate prescribed in Section 59-1-402; 

and 

(II) beginning 30 days after the day on which the 

person files the claim for a refund under Subsection (2)(d). 

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

under Subsection (2)(d)(ii) paid on a purchase of tangible 

personal property or services used in the construction of or 

incorporated into a pollution control facility that was 

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

purchase, interest shall accrue to the amount of the refund 

granted by the State Tax Commission: 

(A) at the rate prescribed in Section 59-1-402; 

and 

(B) beginning 30 days after the day on which the 

person files a claim for a refund under Subsection (2)( d). 

(3) (a) Each application shall: 

(i) be in a format prescribed by the board; and 

(ii) contain: 

(A) a description of the facility and materials 

incorporated in the facility; 

(B) the machinery and equipment; 

(C) the existing or proposed operational 

procedure; and 

(D) a statement of the purpose of pollution 

prevention, control, or reduction served or to be served by 

the facility. 

(b) The board may require any further 

information it finds necessary before issuance of a 

certificate. 

19-2-125. Action on application for 

certification. 

(1) (a) 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 of a 

pollution control facility, for which application is made 

under Section 19-2-124: 

(A) was or is to be erected, constructed, 

acquired, or installed; and 

(B) is designed and is being operated or will 

operate primarily to prevent, control, or reduce air or water 

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 of the board and the State Tax 

Commission to timely act constitutes automatic acceptance 

of the application and the board shall furnish a certificate to 

the applicant on demand. 

19-2-126. Revocation of certification 

-- Grounds -- Procedure. 

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

Tax Commission, may revoke the certification issued under 

Section 19-2-125 of any pollution control facility if it finds 

that the: 

( i) certification was obtained by fraud or gross 

misrepresentation; or 

(ii) holder of the certificate has failed 

substantially to operate the facility for the purpose of, and 

to the extent necessary to prevent, control, or reduce air or 

water pollution as specified in the certificate. 

(b) A shutdown of the facility due to force 

majeure, including obsolescence, is not cause to revoke 

certification of any facility. 

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

revocation by issuing a notice of agency action. 

(b) The holder of the certificate may obtain 

judicial review of the revocation. 

(c) The revocation is final and conclusive unless 

an appeal is taken. 

( d) If the revocation is affirmed on appeal, 

revocation is final on the date notice of revocation was 

received by the holder. 

(3) As soon as a revocation under this section is 

final, the board shall notify the State Tax Commission of 

the revocation. 

C-14 
(4) (a) If the certification ofa pollution control 

facility is revoked, all prior tax relief provided to the holder 

because of the certificate is forfeited. 

(b) The State Tax Commission shall collect taxes 

not paid by the holder because of the tax relief provided the 

holder to the extent permitted by the applicable statute of 

limitations. 

19-2-127. Rules for administering 

certification for tax relief. 

In addition to the powers granted it, the board 

may formulate, amend, or cancel rules establishing 

procedures for processing and evaluating applications for 

certification, establishing procedures for the issuance and 

revocation of certificates, and all other matters pertaining to 

the board in administering certification for tax relief on 

pollution control facilities. 

C-15 
Utah Administrative Rulemaking Act 

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 of Administrative 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 of rules -- Schedule of filings -- Limited exemption for certain rules ................................. 5 

Part 4. Division of Administrative Rules ............................................................................................................................. 5 

63G-3-401. Division of Administrative Rules created -- Appointment of director ......................................................... 5 

63G-3-402. Division of Administrative Rules -- Duties generally .................................................................................. 6 

63G-3-403. Repeal and reenactment of Utah Administrative Code ................................................................................ 6 

Part 5. Legislative Oversight. ............................................................................................................................................... 7 

63G-3-501. Administrative Rules Review Committee .................................................................................................... 7 

63G-3-502. Legislative reauthorization of agency rules -- Extension of rules 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 of limitations ...................................................................................... 9 

Part 7. Official Compilation of Administrative Rules .......................................................................................................... 9 

63G-3-701. Utah Administrative Code as official compilation of rules -- Judicial notice ................................................ 9 

63G-3-702. Utah Administrative Code -- Organization -- Official compilation ............................................................... 9 

Title 63G. General Government. 

Chapter 3. Utah Administrative Rulemaking 

Act. 

Part 1. General Provisions. 

63G-3-101. Title. 

This chapter is known as the "Utah Administrative 

Rulemaking Act." 

He1111111hered and .·lmcndeJ by Chapter 382. Lml'S u( Utah 21Jn8 

( ;encml se,SlOll. <!fl~c'fl\'C .\far 5. 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 a rule under this chapter 

including: 

(a) the proposed rule, change in the proposed rule, 

and the rule analysis form; 

(b) the public comment received and recorded by 

the agency during the public comment period; 

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

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

and 

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

process. 

(2) "Agency" means each state board, authority, 

commission, institution, department, division, officer, or other 

state government entity other than the Legislature, its 

committees, the political subdivisions of the state, or the 

courts, which is authorized or required by law to make rules, 

adjudicate, grant or withhold licenses, grant or withhold relief 

from legal obligations, or perform other similar actions or 

duties delegated by law. 

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

( 4) "Catchline" means a short summary of each section, 

part, rule, or title of the code that follows the section, part, 

rule, or title reference placed before the text of the rule and 

serves the same function as boldface in legislation as 

described in Section 68-3-13. 

(5) "Code" means the body of all effective rules as 

compiled and organized by the division and entitled "Utah 

Administrative Code." 

(6) "Director" means the director of the Division of 

Administrative Rules. 

C-16 
(7) "Division" means the Division of Administrative 

Rules. 

(8) "Effective" means operative and enforceable. 

(9) (a) "File" means to submit a document to the 

division as prescribed by the division. 

(b) "Filing date" means the day and time the 

document is recorded as received by the division. 

(I 0) "Interested person" means any person affected by 

or interested in a proposed rule, amendment to an existing 

rule, or a nonsubstantive change made under Section 63G-3-

402. 

(11) "Order" means an agency action that determines the 

legal rights, duties, privileges, immunities, or other interests 

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

(12) "Person" means any individual, partnership, 

corporation, association, governmental entity, or public or 

private organization of any character other than an agency. 

(13) "Publication" or "publish" means making a rule 

available to the public by including the rule or a summary of 

the rule in the bulletin. 

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

bulletin. 

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

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

that: 

(i) is explicitly or implicitly required by state 

or federal statute or other applicable law; 

(ii) implements or interprets a state or federal 

legal mandate; and 

(iii) applies to a class of persons or another 

agency. 

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

existing rule. 

(c) "Rule" does not mean: 

(i) orders; 

(ii) an agency's written statement that applies 

only to internal management and that does not 

restrict the legal rights of a public class of persons 

or another agency; 

(iii) the governor's executive orders or 

proclamations; 

(iv) opinions issued by the attorney general's 

office; 

( v) declaratory rulings issued by the agency 

according to Section 63G-4-503 except as required 

by Section 63G-3-20 I; 

(vi) rulings by an agency in adjudicative 

proceedings, except as required by Subsection 63G3-20 I ( 6); or 

(vii) an agency written statement that is in 

violation of any state or federal law. 

( 17) "Rule analysis" means the format prescribed by the 

division to summarize and analyze rules. 

(18) "Small business" means a business employing 

fewer than 50 persons. 

( 19) "Substantive change" means a change in a rule that 

affects the application or results of agency actions. 

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 of Administrative Rules. 

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

(I) Each agency shall: 

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

(b) make it available to the public for inspection 

during its regular business hours. 

(2) In addition to other rulemaking required by law, 

each agency shall make rules when agency action: 

and 

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

(b) provides or prohibits a material benefit; 

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

(d) is explicitly or implicitly authorized by statute. 

(3) Rulemaking is also required when an agency issues a 

written interpretation of a state or federal legal mandate. 

(4) Rulemaking is not required when: 

(a) agency action applies only to internal agency 

management, inmates or residents of a state correctional, 

diagnostic, or detention facility, persons under state legal 

custody, patients admitted to a state hospital, members of 

the state retirement system, or students enrolled in a state 

education institution; 

(b) a standardized agency manual applies only to 

internal fiscal or administrative details of governmental 

entities supervised under statute; 

( c) an agency issues policy or other statements that 

are advisory, informative, or descriptive, and do not 

conform to the requirements of Subsections (2) and (3); 

or 

(d) an agency makes nonsubstantive changes in a 

rule, except that the agency shall file all nonsubstantive 

changes in a rule with the division. 

(5) (a) A rule shall enumerate any penalty authorized by 

statute that may result from its violation, subject to 

Subsections ( 5)(b) and ( c ). 

(b) A violation of a rule may not be subject to the 

criminal penalty of a class C misdemeanor or greater 

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

(c) A violation ofa rule may be subject to a class C 

or greater criminal penalty under Subsection (5)(a) 

when: 

(i) authorized by a specific state statute; 

(ii) a state law and programs under that law 

are established in order for the state to obtain or 

maintain primacy over a federal program; or 

(iii) state civil or criminal penalties 

established by state statute regarding the program 

are equivalent to or less than corresponding federal 

civil or criminal penalties. 

(6) Each agency shall enact rules incorporating the 

principles of law not already in its rules that are established 

by final adjudicative decisions within 120 days after the 

decision is announced in its cases. 

(7) (a) Each agency may enact a rule that incorporates 

by reference: 

(i) all or any part of another code, rule, or 

regulation that has been adopted by a federal 

agency, an agency or political subdivision of this 

state, an agency of another state, or by a nationally 

recognized organization or association; 

C-17 
(ii) state agency implementation plans 

mandated by the federal government for 

participation in the federal program; 

(iii) lists, tables, illustrations, or similar 

materials that are subject to frequent change, fully 

described in the rule, and are available for public 

inspection; or 

(iv) lists, tables, illustrations, or similar 

materials that the director determines are too 

expensive to reproduce in the administrative code. 

(b) Rules incorporating materials by reference 

shall: 

(i) be enacted according to the procedures 

outlined in this chapter; 

(ii) state that the referenced material is 

incorporated by reference; 

(iii) state the date, issue, or version of the 

material being incorporated; and 

(iv) define specifically what material is 

incorporated by reference and identify any agency 

deviations from it. 

(c) The agency shall identify any substantive 

changes in the material incorporated by reference by 

following the rulemaking procedures of this chapter. 

(d) The agency shall maintain a complete and 

current copy of the referenced material available for 

public review at the agency and at the division. 

(8) (a) This chapter is not intended to inhibit the 

exercise of agency discretion within the limits prescribed by 

statute or agency rule. 

(b) An agency may enact a rule creating a justified 

exception to a rule. 

(9) An agency may obtain assistance from the attorney 

general to ensure that its rules meet legal and constitutional 

requirements. 

Amended in· Chapta 3./ 7 . /,airs of Utah 20()') General Sesswn. 

efjco11·e \/in- I 2. 2009 ljimnerlr Sect/on 63-./6a-3) 

63G-3-202. Rules having the effect oflaw. 

(I) An agency's written statement is a rule ifit conforms 

to the definition of a rule under Section 63G-3-102, but the 

written statement is not enforceable unless it is made as a rule 

in accordance with the requirements of this chapter. 

(2) An agency's written statement that is made as a rule 

in accordance with the requirements of this chapter is 

enforceable and has the effect of law. 

Renumbered and Amended b.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 authorized to make rules is also 

authorized to amend or repeal those rules. 

(2) Except as provided in Sections 63G-3-303 and 63G3-304, when making, amending, or repealing a rule agencies 

shall comply with: 

3 

(a) the requirements of this section; 

(b) consistent procedures required by other statutes; 

(c) applicable federal mandates; and 

(d) rules made by the division to implement this 

chapter. 

(3) Subject to the requirements of this chapter, each 

agency shall develop and use flexible approaches in drafting 

rules that meet the needs of the agency and that involve 

persons affected by the agency's rules. 

(4) (a) Each agency shall file its proposed rule and rule 

analysis with the division. 

(b) Rule amendments shall be marked with new 

language underlined and deleted language struck out. 

(c) (i) The division shall publish the information 

required under Subsection (8) on the rule analysis and 

the text of the proposed rule in the next issue of the 

bulletin. 

(ii) For rule amendments, only the section or 

subsection of the rule being amended need be 

printed. 

(iii) If the director determines that the rule is 

too long to publish, the director shall publish the 

rule analysis and shall publish the rule by reference 

to a copy on file with the division. 

(5) Prior to filing a rule with the division, the 

department head shall consider and comment on the fiscal 

impact a rule may have on businesses. 

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

will have a measurable negative fiscal impact on small 

businesses, the agency shall consider, as allowed by federal 

law, each of the following methods of reducing the impact of 

the rule on small businesses: 

(a) establishing less stringent compliance or 

reporting requirements for small businesses; 

(b) establishing less stringent schedules or 

deadlines for compliance or reporting requirements for 

small businesses; 

(c) consolidating or simplifying compliance or 

reporting requirements for small businesses; 

(d) establishing performance standards for small 

businesses to replace design or operational standards 

required in the proposed rule; and 

( e) exempting small businesses from all or any part 

of the requirements contained in the proposed rule. 

(7) If during the public comment period an agency 

receives comment that the proposed rule will cost small 

business more than one day's annual average gross receipts, 

and the agency had not previously performed the analysis in 

Subsection (6), the agency shall perform the analysis 

described in Subsection (6). 

(8) The rule analysis shall contain: 

(a) a summary of the rule or change; 

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

( c) the statutory authority or federal requirement 

for the rule; 

( d) the anticipated cost or savings to: 

( i) the state budget; 

(ii) local governments; 

(iii) small businesses; and 

(iv) persons other than small businesses, 

businesses, or local governmental entities; 

(e) the compliance cost for affected persons; 

(f) how interested persons may review the full text 

of the rule; 

(g) how interested persons may present their views 

on the rule; 

C-18 
(h) the time and place of any scheduled public 

hearing; 

(i) the name and telephone number of an agency 

employee who may be contacted about the rule; 

U) the name of the agency head or designee who 

authorized the rule; 

(k) the date on which the rule may become 

effective following the public comment period; and 

(I) comments by the department head on the fiscal 

impact the rule may have on businesses. 

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

analysis shall contain a summary that generally includes the 

following: 

(i) a summary of substantive provisions in the 

repealed rule which are eliminated from the enacted 

rule; and 

(ii) a summary of new substantive provisions 

appearing only in the enacted rule. 

(b) The summary required under this Subsection 

(9) is to aid in review and may not be used to contest any 

rule on the ground of noncompliance with the procedural 

requirements of this chapter. 

(10) A copy of the rule analysis shall be mailed to all 

persons who have made timely request of the agency for 

advance notice of its rulemaking proceedings and to any other 

person who, by statutory or federal mandate or in the 

judgment of the agency, should also receive notice. 

(11) (a) Following the publication date, the agency shall 

allow at least 30 days for public comment on the rule. 

(b) The agency shall review and evaluate all public 

comments submitted in writing within the time period 

under Subsection (1 l)(a) or presented 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 of the public comment period under 

Subsection (11), nor more than 120 days after the publication 

date. 

(b) The agency shall provide notice of the rule's 

effective date to the division in the form required by the 

division. 

(c) The notice of effective date may not provide for 

an effective date prior to the date it is received by the 

division. 

(d) The division shall publish notice of the 

effective date of the rule in the next issue of the bulletin. 

(e) A proposed rule lapses ifa notice of effective 

date or a change to a proposed rule is not filed with the 

division within 120 days of publication. 

(13) (a) As used in this Subsection (13), "initiate 

rulemaking proceedings" means the filing, for the purposes of 

publication in accordance with Subsection ( 4 ), of an agency's 

proposed rule that is required by state statute. 

4 

(b) A state agency shall initiate rulemaking 

proceedings no later than 180 days after the effective 

date of the statutory provision that specifically requires 

the rulemaking, except under Subsection (13)(c). 

(c) When a statute is enacted that requires agency 

rulemaking and the affected agency already has rules in 

place that meet the statutory requirement, the agency 

shall submit the rules to the Administrative Rules 

Review Committee for review within 60 days after the 

statute requiring the rulemaking takes effect. 

(d) Ifa state agency does not initiate rulemaking 

proceedings in accordance with the time requirements in 

Subsection (13)(b), the state agency shall appear before 

the legislative Administrative Rules Review Committee 

and provide the reasons for the delay. 

.~mended bi Chupl<r 93. Lmrs o( I .tah 2009 General Sesswn. 

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, amendment to a rule, or repeal of a rule during 

the public comment period. 

(2) Each agency shall hold a public hearing on a 

proposed rule, amendment to a rule, or repeal of a rule if: 

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

mandate; 

(b) (i) another state agency, ten interested persons, 

or an interested association having not fewer than ten 

members request a public hearing; and 

(ii) the agency receives the request in writing 

not more than 15 days after the publication date of 

the proposed rule. 

(3) The agency shall hold the hearing: 

(a) before the rule becomes effective; and 

(b) no less than seven days nor more than 30 days 

after receipt of the request for hearing. 

Renu111baed Lind .~111.:nded by Chap/er 382. Lcnrs of l.'tuh 2008 

Ge11.:ra/ Ses"""· e{J~clffe .\Im· 5. JOOS (for111er/y Sec/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 of the changed rule; and 

(ii) a rule analysis containing a description of 

the change and the information required by Section 

63G-3-301. 

(b) A change to a proposed rule may not be filed 

more than 120 days after publication of the rule being 

changed. 

(c) The division shall publish the rule analysis for 

the changed rule in the bulletin. 

( d) The changed proposed rule and its associated 

proposed rule will become effective on a date specified 

by the agency, not less than 30 days or more than 120 

days after publication of the last change in proposed rule. 

( e) A changed proposed rule and its associated 

proposed rule lapse if a notice of effective date or 

another change to a proposed rule is not filed with the 

division within 120 days of publication of the last change 

in proposed rule. 

(2) If the rule change is nonsubstantive: 

(a) the agency need not comply with the 

requirements of Subsection (I); and 

(b) the agency shall notify the division of the 

change in writing. 

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

rule according to the procedures specified in Section 63G-3-

301. 

C-19 
Renumhered and Amended hi· Chap/er 38:!. l.mrs of U!ah 211(18 

Ge11eral Sess!(m. ejfeorre .\far 5. 21!1!8 ljormerlr Scc1io11 63--16a-fiJ 

63G-3-304. Emergency rulemaking procedure. 

(1) All agencies shall comply with the rulemaking 

procedures of Section 63G-3-301 unless an agency finds that 

these procedures would: 

(a) cause an imminent peril to the public health, 

safety, or welfare; 

(b) cause an imminent budget reduction because of 

budget restraints or federal requirements; or 

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

law. 

(2) (a) When finding that its rule is excepted from 

regular rulemaking procedures by this section, the agency 

shall file with the division: 

(i) the text of the rule; and 

(ii) a rule analysis that includes the specific 

reasons and justifications for its findings. 

(b) The division shall publish the rule in the 

bulletin as provided in Subsection 63G-3-301(4). 

( c) The agency shall notify interested persons as 

provided in Subsection 63G-3-301(10). 

(d) The rule becomes effective for a period not 

exceeding 120 days on the date of filing or any later date 

designated in the rule. 

(3) If the agency intends the rule to be effective beyond 

120 days, the agency shall also comply with the procedures of 

Section 63G-3-301. 

. Jn1e11ded by Chop/er 300. l.c111s of Uwh :!0118 General Se.1sio11: and 

Re1111mhered and :1menJeJ bi Chap/er 38:!. l.mrs of U1ah 211()8 

(;eneml Session. ej/'ec·m·e \far 5. 21!1!8 Uimner!r Sec/1011 63--16a-.7) 

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

Limited exemption for certain rules. 

( 1) Each agency shall review each of its rules within 

five years of the rule's original effective date or within five 

years of the filing of the last five-year review, whichever is 

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

1997. 

(2) An agency may consider any substantial review of a 

rule to be a five-year review. If the agency chooses to 

consider a review a five-year review, it shall follow the 

procedures outlined in Subsection (3). 

(3) At the conclusion of its review, the agency shall file 

a notice of review on or before the anniversary date indicating 

its intent to continue, amend, or repeal the rule. 

5 

(a) If the agency continues the rule, it shall file a 

statement which includes: 

(i) a concise explanation of the particular 

statutory provisions under which the rule is enacted 

and how these provisions authorize or require the 

rule; 

(ii) a summary of written comments received 

during and since the last five-year review of the rule 

from interested persons supporting or opposing the 

rule; and 

(iii) a reasoned justification for continuation 

of the rule, including reasons why the agency 

disagrees with comments in opposition to the rule, 

if any. 

(b) If the agency repeals the rule, it shall comply 

with Section 63G-3-301. 

(c) If the agency amends and continues the rule, it 

shall comply with the requirements of Section 63G-3-

301 and file the statement required in Subsection (3)(a). 

(4) (a) The division shall publish the notice and 

statement in the bulletin. 

(b) The division may schedule the publication of 

agency notices and statements, provided that no notice 

and statement shall be published more than one year 

after the review deadline established under Subsection 

(1 ). 

(5) The division shall notify an agency of rules due for 

review at least 180 days prior to the anniversary date. 

(6) If an agency finds that it will not meet the deadline 

established in Subsection (1 ): 

(a) the agency may file an exte.nsion prior to the 

anniversary date with the division indicating the reason 

for the extension; and 

(b) the division shall publish notice of the 

extension in the next issue of the bulletin. 

(7) An extension permits the agency to file a notice no 

more than 120 days after the anniversary date. 

(8) If an agency fails to file a notice of review or 

extension on or before the date specified in the notice 

mandated in Subsection (5), the division shall: 

(a) publish a notice in the next issue of the bulletin 

that the rule has expired and is no longer enforceable; 

(b) remove the rule from the code; and 

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

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

requirements of Section 63G-3-301 to reenact the rule. 

(10) (a) Rules issued under the following provisions 

related to the Department of Workforce Services or Labor 

Commission that are in effect on July 1, 1997, are not subject 

to the requirements of this 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 Fair Housing 

Act. 

(b) Any rule described in Subsection (IO)(a) that 

would have expired on or after July 1, 1997 but before 

July 1, 1998, expires July 1, 1998, unless for that rule the 

Department of Workforce Services or Labor 

Commission files: 

(i) the notice ofreview, described in 

Subsection (3); or 

(ii) an extension described in Subsection (6). 

Renumbered and Amended by Chapl<!r 38:!. Lairs of U!ah 2008 

Cie11ernl Ses.11011. ejf'eorre .\hff 5. 2008 (fi>rmerly Sec/ion 63--16a-9) 

Part 4. Division of Administrative Rules. 

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

Appointment of director. 

(1) There is created within the Department of 

Administrative Services the Division of Administrative Rules, 

to be administered by a director. 

C-20 
(2) The director of administrative rules shall be 

appointed by the executive director with the approval of the 

governor. 

Renu111bercJ u11d ·l111c11dcd br Clwpler 3S2. /.tills nfl'wh 21108 

(;cncml Session cf}2c1irc .\far 5. 2110.\ (/urmerlr Sccliu11 63-./6u- 1!5; 

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

generally. 

(1) The Division of Administrative Rules shall: 

(a) establish all filing, publication, and hearing 

procedures necessary to make rules under this chapter; 

(b) record in a register the receipt of all agency 

rules, rule analysis forms, and notices of effective dates; 

(c) make the register, copies of all proposed rules, 

and rulemaking documents available for public 

inspection; 

( d) publish all proposed rules, rule analyses, notices 

of effective dates, and review notices in the bulletin at 

least monthly, except that the division may publish the 

complete text of any proposed rule that the director 

determines is too long to print or too expensive to 

publish by reference to the text maintained by the 

division; 

(e) compile, format, number, and index all effective 

rules in an administrative code, and periodically publish 

that code and supplements or revisions to it; 

(f) publish a digest of all rules and notices 

contained in the most recent bulletin; 

(g) publish at least annually an index of all changes 

to the administrative code and the effective date of each 

change; 

(h) print, or contract to print, all rulemaking 

publications the division determines necessary to 

implement this chapter; 

(i) distribute without charge the bulletin and 

administrative code to state-designated repositories, the 

Administrative Rules Review Committee, the Office of 

Legislative Research and General Counsel, and the two 

houses of the Legislature; 

(j) distribute without charge the digest and index to 

state legislators, agencies, political subdivisions on 

request, and the Office of Legislative Research and 

General Counsel; 

(k) distribute, at prices covering publication costs, 

all paper rulemaking publications to all other requesting 

persons and agencies; 

(I) provide agencies assistance in rulemaking; and 

(m) administer this chapter and require state 

agencies to comply with filing, publication, and hearing 

procedures. 

(2) The division may after notifying the agency make 

nonsubstantive changes to rules filed with the division or 

published in the bulletin or code by: 

6 

(a) implementing a uniform system of formatting, 

punctuation, capitalization, organization, numbering, and 

wording; 

(b) correcting obvious errors and inconsistencies in 

punctuation, capitalization, numbering, referencing, and 

wording; 

(c) changing a catchline to more accurately reflect 

the substance of each section, part, rule, or title; 

(d) updating or correcting annotations associated 

with a section, part, rule, or title; and 

( e) merging or determining priority of any 

amendment, enactment, or repeal to the same rule or 

section made effective by an agency. 

(3) In addition, the division may make the following 

nonsubstantive changes with the concurrence of the agency: 

(a) eliminate duplication within rules; 

(b) eliminate obsolete and redundant words; and 

( c) correcting defective or inconsistent section and 

paragraph structure in arrangement of the subject matter 

of rules. 

(4) For nonsubstantive changes made in accordance with 

Subsection (2) or (3) after publication of the rule in the 

bulletin, the division shall publish a list of nonsubstantive 

changes in the bulletin. For each nonsubstantive change, the 

list shall include: 

(a) the affected code citation; 

(b) a brief description of the change; and 

(c) the date the change was made. 

( 5) All funds appropriated or collected for publishing 

the division's publications shall be nonlapsing. 

Rc1111111bercd u11d . .J111c11dcd bi Chap la 382. 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 of Utah 

Administrative Code. 

(1) When the director determines that the Utah 

Administrative Code requires extensive revision and 

reorganization, the division may repeal the code and reenact a 

new code according to the requirements of this section. 

(2) The division may: 

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

(b) require each agency to review its rules and 

make any organizational or substantive changes 

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

( c) require each agency to prepare a brief summary 

of all substantive changes made by the agency. 

(3) The division may make nonsubstantive changes in 

the code by: 

(a) adopting a uniform system of punctuation, 

capitalization, numbering, and wording; 

(b) eliminating duplication; 

( c) correcting defective or inconsistent section and 

paragraph structure in arrangement of the subject matter 

of rules; 

(d) eliminating all obsolete or redundant words; 

( e) correcting obvious errors and inconsistencies in 

punctuation, capitalization, numbering, referencing, and 

wording; 

(f) changing a catchline to more accurately reflect 

the substance of each section, part, rule, or title; 

(g) updating or correcting annotations associated 

with a section, part, rule, or title; and 

(h) merging or determining priority of any 

amendment, enactment, or repeal to the same rule or 

section made effective by an agency. 

(4) (a) To inform the public about the proposed code 

reenactment, the division shall publish in the bulletin: 

(i) notice of the code reenactment; 

C-21 
(ii) the date, time, and place of a public 

hearing where members of the public may comment 

on the proposed reenactment of the code; 

(iii) locations where the proposed reenactment 

of the code may be reviewed; and 

(iv) agency summaries of substantive changes 

in the reenacted code. 

(b) To inform the public about substantive changes 

in agency rules contained in the proposed reenactment, 

each agency shall: 

(i) make the text of their reenacted rules 

available: 

(A) for public review during regular 

business hours; and 

(B) in an electronic version; and 

(ii) comply with the requirements of 

Subsection 63G-3-301(10). 

(5) The division shall hold a public hearing on the 

proposed code reenactment no fewer than 30 days nor more 

than 45 days after the publication required by Subsection 

(4)(a). 

(6) The division shall distribute complete text of the 

proposed code reenactment without charge to: 

(a) state-designated repositories in Utah; 

(b) the Administrative Rules Review Committee; 

and 

(c) the Office of Legislative Research and General 

Counsel. 

(7) The former code is repealed and the reenacted code 

is effective at noon on a date designated by the division that is 

not fewer than 45 days nor more than 90 days after the 

publication date required by this section. 

(8) Repeal and reenactment of the code meets the 

requirements of Section 63G-3-305 for a review of all agency 

rules. 

Amended b1· Chap/a 300. Laii·s of L'tah 2008 General Session: and 

Renwnhercd and Amended hy Clwp1er 382. Lairs of Utah ](J()S 

Gei1<Tal Sessi1m. e.fl~cl!re .\far 5. 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 often permanent members and four ex officio 

members. 

7 

(b) (i) The committee's permanent members shall 

be composed of five members of the Senate, appointed 

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

House, appointed by the speaker of the House, with no 

more than three senators and three representatives from 

the same political party. 

(ii) The permanent members shall convene at 

least once each month as a committee to review 

new agency rules, amendments to existing agency 

rules, and repeals of existing agency rules. 

Meetings may be suspended at the discretion of the 

committee chairs. 

(iii) Members shall serve for two-year terms 

or until their successors are appointed. 

(iv) A vacancy exists whenever a committee 

member ceases to be a member of the Legislature, 

or when a member resigns from the committee. 

Vacancies shall be filled by the appointing 

authority, and the replacement shall serve out the 

unexpired term. 

( c) When the committee reviews existing rules, the 

committee's permanent members shall invite the Senate 

and House chairmen of the standing committee and the 

Senate and House chairmen of the appropriation 

subcommittee that have jurisdiction over the agency 

whose existing rules are being reviewed to participate as 

nonvoting, ex officio members with the committee. 

( d) Three representatives and three senators from 

the permanent members are a quorum for the transaction 

of business at any meeting. 

(2) Each agency rule as defined in Section 63G-3-102 

shall be submitted to the committee at the same time public 

notice is given under Section 63G-3-301. 

(3) (a) The committee shall exercise continuous 

oversight of the process ofrulemaking. 

(b) The committee shall examine rules submitted 

by each agency to determine: 

(i) whether or not they are authorized by 

statute; 

(ii) whether or not they comply with 

legislative intent; 

(iii) their impact on the economy and the 

government operations of the state and local 

political subdivisions; and 

(iv) their impact on affected persons. 

(c) To carry out these duties, the committee may 

examine any other issues that it considers necessary. 

The committee may also notify and refer rules to the 

chairmen of the interim committee which has jurisdiction 

over a particular agency when the committee determines 

that an issue involved in an agency's rules may be more 

appropriately addressed by that committee. 

( d) In reviewing the rules, the committee shall 

follow generally accepted principles of statutory 

construction. 

(4) The committee may request that the Office of the 

Legislative Fiscal Analyst prepare a fiscal note on any rule. 

(5) In order to accomplish its oversight functions, the 

committee has all the powers granted to legislative interim 

committees as set forth in Section 36-12-11. 

(6) (a) The committee may prepare written findings of 

its review of each rule and may include any 

recommendations, including legislative action. 

(b) The committee shall provide to the agency that 

enacted the rule: 

( i) its findings, if any; and 

(ii) a request that the agency notify the 

committee of any changes it makes in the rule. 

( c) The committee shall provide its findings to any 

member of the Legislature and to any person affected by 

the rule who requests the findings. 

(d) The committee shall provide its findings to the 

presiding officers of both the House and the Senate, 

Senate and House chairs of the standing committee, and 

the Senate and House chairs of the Appropriation 

Subcommittee that have jurisdiction over the agency 

whose rules are the subject of the findings. 

C-22 
(7) (a) The committee may submit a report on its review 

of state agency rules to each member of the Legislature at 

each regular session. 

(b) The report shall include: 

(i) the findings and recommendations made by 

the committee under Subsection (6); 

(ii) any action taken by an agency in response 

to committee recommendations; and 

(iii) any recommendations by the committee 

for legislation. 

fl.:1111111bcred li!ld .imemled b1 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 of agency rules --

Extension of rules by governor. 

(I) All grants ofrulemaking power from the Legislature 

to a state agency in any statute are made subject to the 

provisions of this section. 

(2) (a) Except as provided in Subsection (2)(b), every 

agency rule that is in effect on February 28 of any calendar 

year expires on May 1 of that year unless it has been 

reauthorized by the Legislature. 

(b) Notwithstanding the provisions of Subsection 

(2)(a), an agency's rules do not expire if: 

(i) the rule is explicitly mandated by a federal 

law or regulation; or 

(ii) a provision of Utah's constitution vests the 

agency with specific constitutional authority to 

regulate. 

(3) (a) The Administrative Rules Review Committee 

shall have omnibus legislation prepared for consideration by 

the Legislature during its annual general session. 

(b) The omnibus legislation shall be substantially in 

the following form: "All rules of Utah state agencies are 

reauthorized except for the following:". 

( c) Before sending the legislation to the governor 

for the governor's action, the Administrative Rules 

Review Committee may send a letter to the governor and 

to the agency explaining specifically why the committee 

believes any rule should not be reauthorized. 

( d) For the purpose of this section, the entire rule, a 

single section, or any complete paragraph of a rule may 

be excepted for reauthorization in the omnibus 

legislation considered by the Legislature. 

( 4) The Legislature's reauthorization of a rule by 

legislation does not constitute legislative approval of the rule, 

nor is it admissible in any proceeding as evidence of 

legislative intent. 

(5) (a) If an agency believes that a rule that has not been 

reauthorized by the Legislature or that will be allowed to 

expire should continue in full force and effect and is a rule 

within their authorized rulemaking power, the agency may 

seek the governor's declaration extending the rule beyond the 

expiration date. 

8 

(b) In seeking the extension, the agency shall 

submit a petition to the governor that affirmatively 

states: 

(i) that the rule is necessary; and 

(ii) a citation to the source of its authority to 

make the rule. 

(c) (i) If the governor finds that the necessity does 

exist, and that the agency has the authority to make the 

rule, the governor may declare the rule to be extended by 

publishing that declaration in the Administrative Rules 

Bulletin on or before April 15 of that year. 

(ii) The declaration shall set forth the rule to 

be extended, the reasons the extension is necessary, 

and a citation to the source of the agency's authority 

to make the rule. 

. (d) If the omnibus bill required by Subsection (3) 

fails to pass both houses of the Legislature or is found to 

have a technical legal defect preventing reauthorization 

of administrative rules intended to be reauthorized by the 

Legislature, the governor may declare all rules to be 

extended by publishing a single declaration in the 

Administrative Rules Bulletin on or before June 15 

without meeting requirements of Subsections (5)(b) and 

(c). 

Renumbered und .~mended by Chap/er 382. r,ms uf Ctah 2008 

I ;c11crul Sc.1sion. cf/cdire .\Im 5. 2008 ((ormerh S~oion 63--16u- I!. 5; . . . 

Part 6. Judicial Review. 

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

action. 

( 1) As used in this section, "initiate rulemaking 

proceedings" means the filing, for the purposes of publication 

in accordance with Subsection 630-3-301(4), of an agency's 

proposed rule to implement a petition for the making, 

amendment, or repeal of a rule as provided in this section. 

(2) An interested person may petition an agency to 

request the making, amendment, or repeal of a rule. 

(3) The division shall prescribe by rule the form for 

petitions and the procedure for their submission, 

consideration, and disposition. 

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

proposed amendment or repeal of a rule, demonstrating that 

the proposed action is within the jurisdiction of the agency 

and appropriate to the powers of the agency. 

(5) Within 60 days after submission of a petition, the 

agency shall either deny the petition in writing, stating its 

reasons for the denial, or initiate rulemaking proceedings. 

(6) (a) If the petition is submitted to a board that has 

been granted rulemaking authority by the Legislature, the 

board shall, within 45 days of the submission of the petition, 

place the petition on its agenda for review. 

(b) Within 80 days of the submission of the 

petition, the board shall either: 

( i) deny the petition in writing stating its 

reasons for denial; or 

(ii) initiate rulemaking proceedings. 

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

written notice that the agency has denied the petition or 

initiated rulemaking proceedings within the time limitations 

specified in Subsection (5) or (6) respectively, the petitioner 

may seek a writ of mandamus in state district court. 

Rcnumbered and .fo1c11ded b_1 Clwpler 382. 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 a rule may obtain 

judicial review of the rule by filing a complaint with the 

- county clerk in the district court where the person resides or 

in the district court in Salt Lake County. 

C-23 
(b) Any person aggrieved by an agency's failure to 

comply with Section 63G-3-201 may obtain judicial 

review of the agency's failure to comply by filing a 

complaint with the clerk of the district court where the 

person resides or in the district court in Salt Lake 

County. 

(2) (a) Except as provided in Subsection (2)(b), a person 

seeking judicial review under this section shall exhaust that 

person's administrative remedies by complying with the 

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

complaint. 

(b) When seeking judicial review of a rule, the 

person need not exhaust that person's administrative 

remedies if: 

(i) less than six months has passed since the 

date that the rule became effective and the person 

had submitted verbal or written comments on the 

rule to the agency during the public comment 

period; 

(ii) a statute granting rulemaking authority 

expressly exempts rules made under authority of 

that statute from compliance with Section 63G-3-

601; or 

(iii) compliance with Section 63G-3-601 

would cause the person irreparable harm. 

(3) (a) In addition to the information required by the 

Utah Rules of Civil Procedure, a complaint filed under this 

section shall contain: 

by: 

9 

(i) the name and mailing address of the 

plaintiff; 

(ii) the name and mailing address of the 

defendant agency; 

(iii) the name and mailing address of any other 

party joined in the action as a defendant; 

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

any; 

( v) an allegation that the person filing the 

complaint has either exhausted the administrative 

remedies by complying with Section 63G-3-601 or 

met the requirements for waiver of exhaustion of 

administrative remedies established by Subsection 

(2)(b); 

(vi) the relief sought; and 

(vii) factual and legal allegations supporting 

the relief sought. 

(b) (i) The plaintiff shall serve a summons and a 

copy of the complaint as required by the Utah Rules of 

Civil Procedure. 

(ii) The defendants shall file a responsive 

pleading as required by the Utah Rules of Civil 

Procedures. 

(iii) The agency shall file the administrative 

record of the rule, if any, with its responsive 

pleading. 

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

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

(i) the rule violates constitutional or statutory 

law or the agency does not have legal authority to 

make the rule; 

(ii) the rule is not supported by substantial 

evidence when viewed in light of the whole 

administrative record; or 

(iii) the agency did not follow proper 

rulemaking procedure; 

(b) declaring the rule nonapplicable to the 

petitioner; 

( c) remanding the matter to the agency for 

compliance with proper rulemaking procedures or further 

fact-finding; 

( d) ordering the agency to comply with Section· 

63G-3-201; 

( e) issuing a judicial stay or injunction to enjoin the 

agency from illegal action or action that would cause 

irreparable harm to the petitioner; or 

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

(e). 

(5) If the plaintiff meets the requirements of Subsection 

(2)(b), the district court may review and act on a complaint 

under this section whether or not the plaintiff has requested 

the agency review under Section 63G-3-601. 

Renumbered ,md ilmemled 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 proceeding to contest any rule on the ground of 

noncompliance with the procedural requirements of this 

chapter shall commence within two years of the effective date 

of the rule. 

(2) A proceeding to contest any rule on the ground of 

not being supported by substantial evidence when viewed in 

light of the whole administrative record shall commence 

within four years of the effective date of the challenged 

action. 

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

change to the rule made under Subsection 63G-3-402(2) or 

(3) substantively changed the rule shall be commenced within 

two years of the date the change was made. 

Renumbered and Amended by ( '/wpter 382. I.airs of Utah :'O()S 

Ge11eral Session, efleo/\'e .\Jar 5. 21i08 ljim11er/.1· S<!clion 63-./611-U! 

Part 7. Official Compilation of Administrative 

Rules. 

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

compilation of rules -- Judicial notice. 

The code shall be received by all the judges, public 

officers, commissions, and departments of the state 

government as evidence of the administrative law of the state 

of Utah and as an authorized compilation of the 

administrative law of Utah. All courts shall take judicial 

notice of the code and its provisions. 

Re1111mhered and Amended b1· Chap!<'!' 38:'. Lmrs of U1ah 21108 

General Snsion. e!li·ctll'C \lay 5, :3008 (/imncrlr Sectio11 63-./f>a-l 61 

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

Official compilation. 

(1) The Utah Administrative Code shall be divided into 

three parts: 

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

(b) rules; and 

C-24 
Utah Administrative Rulemaking Act, 2009 

(c) sections. 

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

a three-part number indicating its location in the code. 

(3) The division shall maintain the official compilation 

of the code and is the state-designated repository for 

administrative rules. If a dispute arises in which there is more 

than one version of a rule, the latest effective version on file 

with the division is considered the correct, current version. 

Re1111111b<rcd and .fo1c11dcd b]" Chuptcr 382. /.uin ol Uah ]()(JS 

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

\ c ! IL .\o//l'cc hllf'. lc.111<1h.go1 -<ode ff ILLnJ(; r,31 ;o3.oip 

(/('1_'t.!S.\Cd rr (}] ~oov. Lt'gtslafffl' OC/!011 ll~(ormolloll added h1· !ht' 

I J11I,um (~/ .-ldmm1sTru/Ire Rule~' bused 011 i1?fi>nJllt/1on./i"om 

I /1storr!nfiuxt promkd 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 

Clarification of 

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 shal 1 

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. 

RlS-4-2. Definitions. 

( 1) Terms used in this 

rule are defined in Section 

63G-3-102. 

( 2) Other terms are 

defined as follows: 

(a) "Anniversary date" 

means the date that is five 

years from the original 

effective date of the rule, or 

the date that is five years 

from the date the agency filed 

with the division the most 

recent five-year review 

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

(b) "Digest" means the 

Utah State Digest that 

(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 

Di vision'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 di vision 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 di vision 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 di vision 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 di vision, 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 di vision 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 

di vision 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 di vision 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-

or change; 402 (1) (m) and Sections 638-4-

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 di vision 

determines the agency has not 

met the requirements of Title 

638, Chapter 3, or of Rules 

R15-3 or R15-4. 

(2) The di vision 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 di vision 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 di vision 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 

Proposed Rule 

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 3 42 

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. 

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

(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 OqtlipmeR-. • . hes to beeome . ~ 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 in aeeer d aR ee ..,Hh . 1"€.iea~,ien Re'!" ,irement;s. to ner:§orm delivery •anle ~e~ Qea%1 l':§ieEI: ~ 11397 342 3. cen::: may beeeme qua i reraSle preeedure 

I 11 .~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 

eere•ary; (al req aRd HRing an aee<J!'. table scretary d~ens in . a••eRdanee 

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 · ah en 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 

represen leHer 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 

I 11 s tanks ef preeedure s tmesphene Ph "'aeuUHI 

I 21 vaeu ea13al3le e seme me . t 

"ng preeedure Fer enemple, f suffieien 

preduei_ eauired. h. s fuRehen. fllUSt be ethe pressure 

t 

wa r is r " lish tni . h fiese. •e -n 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 

p . ~-ee~ t" "al"e ?Or f a:3usting d' .·· 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:st t 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 subj cct 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 tan le 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 ccs t t , 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, outlets. st Prepara tien dome 

an~ eever. eenneetie . ns •- • " ,. HAuid I 

5 

I Prete lose ea eh, . 

8 

qreund re!RO ,e ~ 

11 

(a) Open and t"he static e1-;;treir return hesesfiuinq, insta 

h CeFEtpartme:i• ee gaskets. te te taRk. ± t fflUSt :Se stee ffiUSt as a sepa~a :Se lfiS t a ±±ee eR a± 

~b the Hquid deh i, erJ.e liquid delei;er.;turn hes e . 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 

I e 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 

H1an0< eye .. 

±eve±· 

~:!, if applicable a±± iRterRa an l p "eats • t :Se a nd teste valves d as if if pes:~b~~~artment ea l f) OpeR tffleRt mus 

. ' . eaeh emnpar ' cessHre 

possible, tank. turn en the pl . ai£ 

:as a I ~~pa~:!e Pressure ::::~Hens ee~le::~ ;dapter f ;:.:~: l 

I With all P\. toff valve rn 18 inches e " . re in the 

I a 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 

t-AaT.RH<k<:--ctt-ee~St~t~.·ffl~~e:._:: stabilue. . "t. al pressure e then read an aad in± i to elapse' adapter ac>d 

reeerd the ;:;:., five Hliautes f refll 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) press s ure. 

i~ the final pre . e drop the steps I Subtraet-:-sta ined 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 

pressure. sle;, y s· btraet the he> . al d readinq vaeUUH1 rn less h is located qreater and repaired. ----t(-te7)- · u sustaiRe e ffiust :oe 

---r.( fc-),- - If th~he leakaqe sou!e be .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 en the. the r:r final Hlan e:ffle ' the - vaeuU111 seurce . the tan' l te atmes 
. 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 

prepare hl ~-. s 0 , " ·n certificate as long as 

included: . 1 ess~re test. (a) Caso l inc · delr'ery v 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 

be lo« 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; ? 

3 42 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 iona h 11 use the applicable EPA 

f · control system s a t EPP test 

thods 

me or EPZ\ appro~ e dd ·ti' on the mmer or ' 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 operator icienc:y must meet th pplicable requirements o e a 

P-10 
monitoring, . ~ and all tests,, 9 . the owner ' reeerd of maintainedy a·•aHaMe eenHel device: R3 Q'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_r tive 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 

Jantiary 1, 6 2007 

19 2 104 (1) (a)] 

P-11 
NOTICES OF PROPOSED RULES ----"·-~---~-·--- ----

INTERESTED PERSONS MAY PRESENT THE! 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 1950 W. Salt Lak 

\': air pollution, PMlO, PM2.S, ozone 

Date of Enactment or Last Substantive 

(Ne¥emher 19, l098]lill. 

Notice of Continuation: March 15, 2007 

Authorizing, and Implemented or Interpreted 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 

DAR File No 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 of the 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 of the 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, of the Bulletin.) 

STATUTORY OR CONSTITUTIONAL AUTHORIZATION 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 

UTAH STATE BULLETIN, February 01, 2011, Vol. 2011, No. 3 

P-12 
DAR 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 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 

COMPLIANCE COSTS FOR AFFECTED PERSONS: A 

possible cost may be incurred if gasoline cargo tanks do not 

currently meet the more stringent MACT standard. 

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 meet the more stringent MACT standard. 

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 of Administrative 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 

UTAH STATE BULLETIN, February 01. 2011, Vol. 2011, No. 3 

NOTICES OF PROPOSED RULES 

AUTHORIZED BY: Bryce Bird, Planning Branch Manager 

R307. Environmental Quality, Air Quality. 

R307-328. Gasoline 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 [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 

commonly refened to as stage 1 vapor recovery. 

R307-328-2. Applicability. 

(1) (TrttMpel'l Vehieles]Gasoline CariO Tanks R307-328 

applies to the owner or operator of any [geselil'le tenk tniek; railreeEI 

tltl'lk eer, er ether geseline tftlmpert 'fehiele]woline 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 [tretl!lpert oehieles]psoline 

cargo tanks and woljne dispensing facilities that operate within 

Utah according to the compliance schedule defined in section 328-9 

of this rule. 

R307-3l8-3. 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. 

[ "Qt1&Jiiietl eent:raet8r" mellft?I a eentrseter n he hM heePJ 

qtHtli8e8 h) tt.e e1teet1tioe seerete13 m eeeertle:nee .. ;th R397 34i! te 

perf8f'lft •aper tightl'less te9ts 81'1 gaselifte traMpert ·1ehieles. 

) "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 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 and jncorporated by reference. 

R307-328-4. Loadi•g of Tank Trucks, Trailen, Railroad Tank 

Can, and Other Transport Vehicles. I· 

(I) No person shall load or permit the loading of gasoline 

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 1,000 gallons transferred. 

(2) Such vapor collection and control system shall be 

properly installed and maintained. 

29 

P-13 
NOTICES 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 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-45012-77-035 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 1W91ine carxo tanks(tl'llftSpel'I 1 ehieles) 

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 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 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-45012-

78-05 I. 

(9) Semi-annual testing shall be conducted and records 

maintained of such test. The frequency of tests may be altered by 

the executive secretary upon submittal of documentation which 

would justify a 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 I 00 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. Stationary Source Container Loading. 

( 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 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 2,000 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 camo tank[ delivery 1essel] 

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 car~ 

tank[eleli¥er, 1e!sel] 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 CAfiO tank[eleli"e" 'te3sel), 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 cmo tank.[8elt¥ery-

¥899el] from exceeding 18 inches of water and vacuum from 

exceeding 6 inches of water. 

R307-328-6. Gasoline Caao Tank('lftnspert lJehiele•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) The design of the vapor recovery 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 recovery efficiencies are realized. The connectors of the 

[deli•·ery ter1k3)gasoline cvgo tanks shall be compatible with the 

UTAH STATE BULLETIN, February 01, 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 

elirrertt l:Jteh Va,er "Fightt 1ess 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 specifically exempted 

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 

of such equipment are documented and submitted to and approved 

by the executive secretary. 

R307-328-7. [Leak Ti&ht]Vapor Tightness 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 of the 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, 

Mil eensisteftt nitft the preeed'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~ ef mere 

than 7S9 pascals (3 inches ef H;aO) in fh e minlftes 1vhet1 

presSlirizetl (b) air er inert gas) te 4S99 pascals (18 it1ehes ef ll;aot 

er e1aeliatet! 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 appre 1eli e) the elteetlthe 

seeretBt y.] 

([6]4) Each owner or operator of a 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 preceding twelve months.(11 1alitl "saper 

tightness eertifieatien, '>vhieh: 

(a) shew~ the ~e that the gaselirte tmik f!'liek last passed 

the Uteh •aper tight11ess eertifieaaen test, Md 

(b) she"sl'S the identitteatien flttmher ef the gaseline tank 

fftle!t] 

([7]l) [aeeerlls ef eertifieatieft iflspeetiens ]The va,por 

ti@tness documentation c!esccibed in <2l, as well as record of any 

maintenance performed, shall be retained by the owner or operator 

of the 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. Alternate Methods of Control 

(I) Any person may apply to the executive secretary for 

approval of an alternate test method, an alternate method of control, 

UTAH STATE BULLEnN, 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, 

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. 

(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 by April 30, 20 I 0. 

(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, 201 I. 

(4) A request for an extension must be documented and 

contain valid reasons why a facility will not able to 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 later than April 30, 2011 

IS> The vaoor tightness testing standard jn R307-328-7Cll 

shall a,pply to tests conducted after April 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 Tank Act, to bring them into compliance with 

R307-328, shall be performed by contractors certified under R3 ll201. 

KEY: air pollution, gasoline transport, ozone 

Date of Enactment or Last Substantive Amendment: 

(Ne·mnller HI, 2941812.W 

Notice of Continuation: 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 of Contractors 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 CONSTITUTIONAL AUTHOR I 

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 of api: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 of Air 

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 of Administrative 

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 PRESENT THEIR 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 

-----------------------

UTAH STATE BUUETJN, February 01, 2011, Vol. 2011, No. 3 

P-16 
DAR File No 34349 

----------------···------------·-

KEY: air pollution, 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 of Contractors and Test 

Procedures for Vapor Recovery 

Systems for Gasoline Delivery Tanks 

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, of the 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 CONSTITUTIONAL AUTHORIZATION 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 of applications. 

+ 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 of the requirement for testing 

contractors to be certified by the State of Utah Division of Air 

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 of duplicative 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 

of the requirement for testing contractors to be certified by the 

State of Utah DAQ, and a possible time savings due to the 

removal of duplicative 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 of Administrative 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: 04/0612011 

AUTHORIZED BY: Bryce Bird , Planning Branch Manager 

UTAH STATE BULLETIN, February 01, 2011, Vol. 2011, No. 3 

P-17 
DAR File No. 34348 

R307. Environmental Quality, Air Quality. 

{R397 341. · Q11&lifieatton ef Ce11tr1eters anti Test Preeetl111 u 

fur 'leper Reee,H' S19tc1119 fer C11eli11e Delite..,· 1'1111111. 

R397 341 1. Parpese. 

The l'ttrpese ef R397 342 is te estsbli!h the reqttirel!'ler1ts 

fer the qttalifleatieft ef eer11raeters 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. Centraetor QHlification Req11ire111ent9. 

( 1) An) perseA "'8' beeeMe qltllliflee te perfeFPl'I delh e., 

tal'lk ·ra11er tightl!ess tests e:i·. 

(a) preparing 11 "'Tittel!, detailed ll!!EI appre rable 

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 S 8ftti 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) ha iit1:g the t1:eeessm, faeiliti es, eqttipMeftt MEI 

~pertise te perfePl!I: 11 satisfaetery test; Mel 

(a) perfe!'lfting an aeeeptllble elememt1 atien 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 eeettti 1-e seeretm, 

1alie fer efte '.)ear. 

(3) Re tJ:ttalifieatiel'I "ill be 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 ef the eM:eettth e seeretecy ift attefttlanee after rAtieh a 

letter efrettttalifieatiel'I \till be seftt. 

R3Q7 341 4. 1£q11ip111ent Re1111ire111e11t1. 

(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 re weP!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 mmt he ef Nflieieftt 

len~ an8 nail s!rength: te reaeh fre!l'I the teftk te the prcssttrc· 

• ae 1111m 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 n ater. A 114 ineh hese te 

een11eet the maneMeter te the aElaJJter t9J' i9 reeetnMerule8. 

UTAH STATEBUUETIN, 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 shttteff nl•1e te iselate the taHk frem the 

rettttirce pressttre ;aett11l!'I etJ:11iplfteP1! is rettttired. The aeap!er 

req11ircs a shttte#f , alt e, a tap te ltf!aeh the manell'leter, and a bleed 

, al le fer aejt1stit1:g press11reA aettttl!'I te speeifiee le·, els prier te stllft 

ef till'led peried. He ne 1er, eaeh eel!traeter lfttt9t tt5e 1111 adapter 

eefftpatible n ith his eqttipll'leftt. 

(7) Caps. Dtti!t eft1'9 • ith geed gt19ltets are reqttired en all 

etttlets et1rit1:g the test. 

(8) PrcssttreA'aettttft'I Relief Vahes. 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 if the presSttrel • lletltllft eqttipment has gre11ter eapaeity 

than the set peiftt! te preYeftt pessible 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 eff etll'iftg the test 89 !hey 

nill affeet the tank stftbilit). 

(2) Pttrging the 111111<. A geed 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 pttrge te eegas the t81'1k is aeeeptable. 

(e) Aft aiteftlate methed is te ptll'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 the taftk. This lftetfteel is ftet as effeeti'le and eften rcqttircs 

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 

ef petet1: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!ary befere the prcHttPC test is startee. 

(4) Veftt!, Val, es, ane Otttlets. 

(~ The elfterget1:ey , at. es ift the bettelft ef the tank mttSt 

be epefle8 littring the pttrge llt'le theft eleseli te test. 

(b) Ope!!: the tep Veftts. If the 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. e te ee replaced. 

(ti) E>ttring the test, 1111 eelftpaJ'tlftents lfttt!t be 

il'ltereenfteeted se that tl\e tank "'~ be testea as a single tlftil lfthi1 

eanft6t be eel'll!, eaeh eelftpartMCl'lt ft'ltlst he testeti as a separate tanlt. 

(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) Cenneet the statie eleetrie gretlfltl ee11tieetiens te tani<, 

11ttaeh tfte liqtticf eeli 1 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 ef the 

lllf!k 1:111ile1 test "ith the sh11telf Yah e elesell. 

(d) CeAneet the pressttre sttppl) hese te the ttdftt!ter. 

(e) Ce1111eet the I t4 ineh hese te the 11aapter kip and the 

ffl8fl6ffleter if ap..,lieaele llfld pesitien ef the ma11emeter er ga1:1ge at 

e)e level. 

(t1 Open all iftlel'llal Yents 111111 -.ah·es if pessiele. If net 

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 ef oater. 

(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"1 ess11re en the mMemeter. 

(e) Alie" H 1e 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!htraet the 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 ef water. 

Celettlate the arithmetie 11ver11ge efthe twe res1:1lts. 

(7) The Veet!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•1 aet1ate the 

tttnk te siK inehes efwater and elese the shtlleff oahe. 

(h) Alie" tJte pre!m1re in the lllftk le sllll!ilii!e, aEijtl9t as 

MeeS!l&IJ te Maiftlllin siK inehes ef nater 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 reeerlf the 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 •alt e te hring the tank te atrnespherie 

J'Pel9tlfC. 

(e) &t!tftreet tfte final reaetng frern the initial reaaing. 

(t) If the st19tained wae1:11:111'1 less is greater then thtee 

i11ehes ef water, 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 efthe l\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 er less, the re111:1ire1uents ef the test are slltistieti anti 

the tested tank mlt)I he eertifietf leak tight 

R397 3 4i 6. Certitieatioa efa Delio ery Tanlt. 

(I) The appre • eti eentrtteter <'•"ill ttpen satisfaetery 

eempletien ef the • 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 fa lie" i11g ilell'ls llf'e 

inelttlleti. 

(81 G119eline Eleli veey ia:t1k pressttre test. 

(h) Tank ewner llftti 11dtiress. 

(e) Tank IE> nulfther. 

(ti) 'Jesting lee11tie11. 

(e) E>11te ef test. 

(t) "fe3ter !18!'fte anti signatl:lre . 

(g) Cempltll) er afttliatie11 ef testers. 

(h) Test tfeta res1:1lts. 

(i) E>ate efne!lft re111:1ired test 

(2) The eentraeter will keep ene ee"' that will he mttde 

111 llilahle fer i11speetien h'.) the eitee1:1ti • e seere181''.) fer hoe ) ellf's. 

The t&Ak e omer 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 90T test marking nith "Y.R TEiSTB9" felle .. eti hy the 

menth anti ) ear ef tlte 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 ef a t)pe that 

,,;11 remain legihle frem a lfistanee ef 29 feet far at least ene year 

(painteti er pri11teti stieker is aeeeptahle). 

~87 341 7. Alternate Method• of Contrel. 

( 1 ) An) pel'98n may appl'.) te tJte eKee1:1th e seeret81') far 

appre wal ef an alternate test methetl, an altel'l!ate methea ef eentrel, 

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 3 42, 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; 

er an 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 cle 1iee. 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 er epereter 

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 e omer 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 test Methetl! icte11tifielf i11 fede1 al reg11latien 

er appre'ted 13)1 the eeetllive seereter-,. Where 91feh a methea ttlse 

inttd'I ertentl) measu1 es eempetlftds 111 ith negligihle pheteehemieal 

reaeti v ify, an e·.vner er epeNter mey 6!t8ll:Mle these negligihl) 

reaethe eem}'8t:1IHh nhen 8eteftftining een1plim1ee nith an 

eMissieHs 9tandar8. 

UTAH STATE BULLETIN, February 01, 2011, Vol. 2011, No. 3 

P-21 
DAR File No 34348 

KEV. air l"'ll11tie11, 81E8fte, r;a1eli11e fra111pert 

Bate ef li:Het111ent er b111t S11h1t8fttil'e Amencl111ent. .Ja11111., 

~ 

Netiec efCe11tin11atien: Mareh IS, 1997 

A11theNi11::, Hcl lmplementell er Interpreted 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 

RULE ANALYSIS 

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. 

UTAH STATE BULLETIN, February 01, 201 l, 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 of Air Quality did not hold a 

public hearing. 

H-1 
State of Utah 

GARY R HERBERT 

Governor 

GREG BELL 

Lieutenant Governor 

Department of 

Environmental Quality 

Amanda Smith 

Executive Director 

DIVISION OF AIR QUALITY 

Rusty Ruby 

Acting Director 

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 of Contractors and Test Procedures for Vapor Recovery Systems for 

Gasoline Delivery Tanks. 

On January 5, 2011, the Air Quality Board proposed revisions to R307-328, the Stage I vapor recovery 

rule, and also proposed to delete R307-342 that specifies vapor testing procedures and contractor 

certification requirements. The proposal eliminates the current December to March testing window and 

replaces the current testing and vapor tightness standards with the more stringent standards in the federal 

Maximum Achievable Control Technology (MACT) for Gasoline Distribution Facilities. 

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

During the review of the rule, several representatives of local refineries identified a problem with the 

proposal. Railcar gasoline cargo tanks are tested for vapor tightness using different procedures, and the 

proposed rule change would have expanded the scope of the current rule by requiring these tanks to be 

tested using the same procedures as truck cargo tanks. UDAQ staff recommends revising the 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 current rule and the long-standing methods established in both the MACT 

and the New Source Performance Standards (NSPS) for Gasoline Distribution Facilities. 

Staff Recommendation: Staff recommends that the Board adopt the revisions to R307-328 that were 

proposed in January, with the changes shown in the attached document. Staff also recommends that the 

Board repeal R307-342 as proposed. 

195 North 1950 West• Salt Lake City, Utah 

Mailing Address: P.O. Box 144820 •Salt Lake 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 I 00% 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 of proposed rule change pursuant to Utah Code Section 

63G-3-301. 

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

• The full text of all rule filings is published in the Utah State Bulletin unless excluded because of space constraints. 

• The full text of all rule filings may also be inspected at the Division of Administrative Rules. 

Corrections 

Incorporated Materials Corrections Requested : 04/15/2011: DAR no longer subscribes to the CFR so we need you 

to send us a paper copy of the CFR you incorporated (PDF version). The incorporation is considered part of the 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. (R no.): 

·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: 

Contact person(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 during business hours) 

Rule Title 

2. Title ofrule or section (catch line): 

Gasoline Transfer and Storage 

-Notice 

3. Type of notice: Change in Proposed Rule 

Changes DAR No.: 34349 

(lfyou do not know the DAR no., call 801-538-3218.) 

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4/18/2011 7:39 AM 
2 of4 

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

···Rule 

4. Purpose of the rule or reason for the change: 

On January 5, 2011, the Air Quality Board proposed revisions to R307-328, the Stage I vapor recovery rule. The 

proposal eliminated the current December to March testing window and replaces the current testing and vapor 

tightness standards with the more stringent standards in the federal Maximum Achievable Control Technology 

(MACT) for Gasoline Distribution Facilities. During the review of the rule, several representatives of local 

refineries identified a problem with the proposal. Railcar gasoline cargo tanks are tested for vapor tightness using 

different procedures, and the proposed rule change would have expanded the scope of the current rule by requiring 

these tanks to be tested using the same procedures as truck cargo tanks. This change in proposed rule revises the 

original rule amendment to clarify that railcar cargo tanks may use the alternate testing methods for railcars 

established in the MACT. This is consistent with Utah's current rule and the 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 of the rule or change: 

This change in proposed rule revises the original rule amendment to clarify that railcar cargo tanks may use the 

alternate testing methods for railcars established in the MACT at 40 CFR 63.425(i). Additionally, changes where 

made to the date when the new testing standards would be required. This is due to taking this CPR action. 

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 or savings is anticipated for local government as this amendment does not create any new requirements. 

C) Small businesses: 

Affected: No Yes 

("small business" means a business employing fewer than 50 persons) 

No cost or savings is anticipated for small businesses as this amendment does not create any new requirements. 

D) Persons other than small businesses, businesses, or local government entities: 

Affected: No Yes 

("person" means any individual, partnership, corporation, association, governmental 

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

No cost or savings is anticipated for persons other than small businesses, businesses, or local government entities as 

this amendment does not create any new requirements. 

Compliance Cost Information-------· -------·-www··-··---·--·······--·-·····------··- ··-··-.......... ~- ---·-· -·········-·-·----··········-·····--

Compliance costs for affected persons: 

No cost or savings is anticipated for affected persons as this amendment does not create any new requirements. 

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4/18/2011 7:39 AM 
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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 new requirements. 

B) Name and title of department head commenting on the fiscal impacts: 

Amanda Smith, Executive Director 

Citation Information~ --- -~-- -···· 

10. This rule change is authorized or mandated by state law, and implements or interprets the following state and 

federal laws. 

State code or constitution 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, or removes the following title of materials incorporated by references (a copy of materials 

incorporated by reference must be submitted to DAR; if none, leave blank): 

Official Title of Materials Incorporated (from title page)40 CFR 63.425(i) 

PublisherGovemment Printing Office 

Date Issued 

Issue, or versionJuly 1, 2009 

ISBN Number 

ISSN Number 

Cost of Incorporated Reference 

Adds, updates, removesAdds 

12. The public may submit written or oral comments to the agency identified in box 1. (The public may also request a 

hearing by submitting a written request to the agency. The agency is required to hold a hearing ifit receives 

requests from ten interested persons or from an association having not fewer than ten members. Additionally, the 

request must be received by the agency not more than 15 days after the publication of this rule in the Utah State 

Bulletin. See Section 63G-3-302 and Rule R 15-1 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 NOT the effective date. After 

the date designated in Box 12(A) above, the agency must submit a Notice of Effective Date to the Division of 

Administrative Rules to make this rule effective. Failure to submit a Notice of Effective Date will result in this rule 

lapsing and will require the agency to start the rulemaking process over. 

CPR- 3 

4/18/2011 7:39 AM 
4 of4 

,~Indexing Information -- -~- - ---- ,,, --~-~,,,,,,. ,,,,,,,,,,,,,,,,,,, ,,,,~,,,,, __ ~_,,,,,,,, · I 

http://erules.rules.utah.gov/erules/ruleFil ingEdit.action?ruleld= 150891 

i 14 Indexing information - keywords (maximum of four, one term per field, in lower case, except for acronyms (e.g., 

· "GRAMA") or proper nouns (e.g., "Medicaid")): 

air pollution, gasoline transport, ozone 

i. 

,-File Information,,, ,,,,,~-

''I 

· 15. Attach an RTF document containing the text of this rule change (filename): 

I 

There is a document associated with this rule filing. 

Information requested on this form is required by Sections 63G-3-30 I, 302, 303, and 402. Incomplete forms will be 

returned to the agency for completion, possibly delaying publication in the Utah State Bulletin, and delaying the first 

possible effective date. 

Bryce Bird 

Agency head or designee, and title: Acting Director 

Acting Director 

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 ref erred 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 
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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 

DAR 34349, AMD and CPR 

Effective June 7, 2011 

E-1 
R307. Environmental Quality, Air Quality. 

R307-318. Gasoline Transfer and Storage. 

R307-328-1.Purpose. 

The purpose ofR307-328 is to establish Reasonably 

Available Control Technology (RA.CI) for control of gasoline 

vapors during the filling of gasoline cargo tank and storage 

tanks in Utah. The rule is based or1 federal control technique 

guidance documents. This requirement is commonly referred to 

as stage I vapor recovery. 

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 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 gasoline cargo tanks and 

gasoline dispensing facilities that operate within Utah 

according to the compliance schedule defined in section 328-9 

of this rule. 

(4) All references to 40 CFR in R307-328 shall 

mean the version that is effective as of the date referenced in 

R307-101-3. 

R307-328-3. Defmitions. 

The following additional definitions apply to R307-

328. 

"Bottom Filling" means the tilling 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 nonnally used to 

withdraw liquid can no longer withdraw any liquid. 

"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 that is hereby incorporated by 

reference. 

R307-328-4. Loadina of Tank Trucks, Trailen, Railroad 

Tank Cars, and Other Transport Vehicles. 

(I) No person shall load or permit the loading of 

gasoline into any gasoline cargo tank wtless the 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 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 design couplings and shall be maintained and operated 

to allow no more than an average of IS cc drainage per 

disconnect for S consecutive disconnects. 

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 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 45012-77-026 

October 1977, "Control of Hydrocarbons from Tank Truck 

Gasoline Loading Tenninals," 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 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 shall be 

set to release at the highest possible pressure, in accordance 

with State or local fin: codes and National Fire Prevention 

Association guidelines. Pressure in the vapor collection system 

shall not exceed the gasoline cargo tank 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 ofvapor 

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 Tanlc Trucks and Vapor Collection S~" 

EP A-450/2-78-051. 

(9) Semi-annual testing shall be conducted and 

records maintained of such test. The frequency of tests may be 

altered by the executive secretary upon submittal of 

documentation which would justify a change. 

(10) The vapor collection and vapor processing 

equipment shall be designed and operated to prevent gauge 

pressure in the gasoline cargo tank 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 I 00 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, 

C01U1ections, pressure or vacuum vents, and vapor hoods. In 

addition, no visible liquid leaks are permitted during testing or 

monitoring. 

R307-328-5. Stationary Source Container Loading. 

(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 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 pennanent submerged fill pipe; 

(b) the transfer of gasoline into any stationary 

storage container having a capacity of less than 2,000 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 perfonnance 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 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 or to the vapor control system, and to achieve the 

required recovery; 

(b) a means of assuring that the vapor return lines 

arc connected to the gasoline cargo tank, 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 nonnal operation; and 

(ii) gauge pressure in the gasoline cargo tank from 

exceeding 18 inches of water and vacuum from exceeding 6 

inches of water. 

R307-328-6. Gasoline Cargo Tank. 

(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 

Transportation Regulations. 

(2) The design of the vapor recovery 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 of the 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 gasoline 

3 

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 tank that does not 

meet the leak tight testing 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 equipment provided the design and effectiveness of 

such equipment are documented and submitted to and approved 

by the executive secretary. 

R307-328-7. Vapor Tightness Testing. 

(I) Gasoline cargo tanks 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) which are hereby incorporated by reference. 

(2) Each owner or operator of a gasoline cargo tank 

shall have documentation in their pcmession demonslrating 

that the gasoline cargo tank has passed the annual test in (I) 

above within the preceding twelve months. 

(3) 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 for 

a two year period and be available for review by the executive 

seaetary or the executive secretary's representative. 

( 4) The owner or operator of a railcar gasoline cargo 

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. Alternate Methods of Control 

(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 detennine 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 

E-3 
• 

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 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 of determining 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 

determining compliance with an emissions standard. 

R307-328-9. Compliance Sclaedule. 

(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 Cowtties shall be in compliance 

with this rule by April 30, 2010. 

( c) All filcilities 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 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 of extension requests submitted, all filcilities must 

be in compliance with this rule not later than 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 on preparation or plmming 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 June 7, 2011. All 

gasoline cargo tanks shall be tested using the vapor tightness 

testing standard in R307-328-7(1) by June 7, 2012. 

R307-328-10. Authorized Contracton. 

(1) All modifications perfonned 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 perfonned by contractors certified 

under R3ll-201. 

4 

KEY: air pollution, gasoline transport, 07.0ne 

Date of Enactment or Last Substantive Amendment: June 

7,2011 

Notice of Continuation: Marcia 15, 2007 

Autlaorizing, and Implemented or Interpreted Law: 19-2-

101; 19-2-104(1)(a) 

!-darE-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 agency to file a notice of effective date any time after the dose 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 induding or after the thirtieth day after the rule's publication date. If an agency fails to file 

a Notice of Effective Date within 120 days from the publication of a 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 & Reenact 

REP= Repeal 

Commerce 

Occupational and Professional Licensing 

No. 34545 (AMO): R156-15. Health Facility Administrator Act 

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 Licensing Act 

Rules 

Published: 04/15/2011 

Effective: 05/26/2011 

No. 34544 (AMO): R156-83-306. Drugs Approved for Online 

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 Hazardous Air Pollutants 

Published: 03/01/2011 

Effective: 06/01/2011 

( N~. ~349 (C~R): ~3~7-328. Gasoline Transfer ~;~-~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 

UTAH STATE BUUET/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 of effective date any time after the 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 or after the thirtieth day after the rule's publication date. If an agency fails to file 

a Notice of Effective Date within 120 days from the publication of a 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 of Contradors 

and Test Procedures for Vapor Recovery Systems for 

Gasoline Delivery Tanks 

Published: 02/01/2011 

Effedive: 06/0712011 

Radiation Control 

No. 34240 (AMO): R313-25-8. Technical Analyses 

Published: 12/01/2010 

Effective: 04/04/2011 

No. 34240 (CPR): R313-25-8. Technical Analyses 

Published: 03/0112011 

Effedive: 04/04/2011 

Water Quality 

No. 34437 (AMO): R3H-1-7. TMOLs 

Published: 03/01/2011 

Effective: 04/1312011 

UTAH STATE BULLETIN, 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 HospitalPsychiatric 

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 Health Agency Rule 

Published: 01/15/2011 

Effective: 04/1112011 

E-6 

123 
Certification 

I, Mark W. Berger, Rules Coordinator for the Utah Division of Air Quality, do hereby certify 

that a public comment period was held from February 1 to March 3, 2012 to receive comments 

for amendments to R307-328 (DAR #34349), Gasoline Transfer and Storage and the repeal of 

R307-342 (DAR 34348), Qualification of Contractors and Test Procedures for Vapor Recovery 

Systems for Gasoline Delivery Tanks, and that the public comment period was held in 

accordance with the information provided in the published public notice and as defined in Utah 

Code 19-2-109. The changes regarding R307-328 and R307-342 where adopted by the Air 

Quality Board on April 6, 2011. 

Signed this 1!}_ daY, of April 2015. 

//~ 7 "r"'TM*'-