State of Utah

GARYR. TMRBERT

Govemor

SPENCERJ. COX

Lieuternnt Governor

Department of

Environmental Quality

Amanda Smith

Execulive Director

DTVISION OF AIR QUALITY

Bryce C. Bird

Director

DAQP-076-14

Jwrc 23.2014

Shaun McGrath, Regional Administrator

US EPA Region 8

1595 Wynkoop Street

Denver, Colorado 80202-1 129

f)ear Mr. McGrath:

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

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

submittal of rule, R307-302, Solid Fuel Burning Devices in Box Elder, Cache, Davis, Salt Lake,

Tooele, Utah, and Weber Counties.

If you have questions, please call me at (801) 536-4464.

Sincerely,

4r*c-Z)/

Bryce C. Bird

f)irector

BCB:MB:svw

Enclosures

195 North 1950 West 46 Floor. Salt lake City, UT

Mailing Address: P.O. Box 1M820. Salt Lake City, UT 841144820

Telephone (801) 536-4000. Fax (801) 5364099. T.D.D. (801) 5364414

www.deq.ulah.gov

Printed on 100% recycled paper

GInv R. HERBERT

GovERNoR

Srnrn or' l]ran

Orrrce oF THE GovenNon

Saur Lare Crrv, Uran

a4 t t 4-2220

SpeHcEn J. Cox

LTEUTENANT GovenNon

May 20,2014

Shaun McGrath, Regional Administrator

US EPA Region 8

1595 Wynkoop Street

Denver, Colorado 80202-1 129

Dear Mr.

Enclosed for your approval are revisions to R307-302, Solid Fuel Burning Devices in Box

Elder, Cache, Davis, Salt Lake, Tooele, Utah, and Weber counties. The revisions to R307-302

clarify that the rule applies to residential indoor and outdoor solid fuel burning devices and to

resolve a conflict of the term "residential solid fuel burning device" used in both R307-101-2 and

R307-302.

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

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

Quality, at (801) 536-4064.

(LA+- M.u

Gary R. Herbert

Govemor

Enclosures

UTAH

Administrative Documentation

R307-302. Permits: Solid Fuel Burning Devices in Box Elder, 

Cache, Davis Salt Lake, Tooele, Utah, and Weber Counties.

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

June 23, 2014
UTAH

ADMINISTRATIVE DOCUMENTATION June 2014
R307-302, Solid Fuel Burning Devices in Box Elder, Cache, 

Davis, Salt Lake, Tooele, Utah and Weber Counties

ADMINISTRATIVE DOCUMENTATION

Table of Contents

Legal Authority

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

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

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

Proposed for Public Comment

R307-302: Text as Proposed ........................................................................................................................P–1

R307-302: DAR Bulletin (January 1, 2014) Rule Analysis Form, DAR #38166 ...........................................P–4

Public Hearings/Comments

R307-302: DAR Bulletin – Notice of Public Comment Period ..................................................................... H–1

R307-302: Summary of Public Comments and Responses............................................................................ H–4

Effective Rule

 R307-302: Final Text ......................................................................................................................E–1

R307-302: DAR Bulletin (April 1, 2014) Effective Date Notice .....................................................................E–4

Certification

Codes

Air Conservation Act 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

C - 1
Title 19. Environmental 

Quality Code. 

Chapter 2. Air Conservation Act. 

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

purpose of chapter -- Support of local and 

regional programs -- Provision of coordinated 

statewide program. 

(1) This chapter is known as the "Air 

Conservation Act." 

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

purpose of this chapter to achieve and maintain 

levels of air quality which will protect human 

health and safety, and to the greatest degree 

practicable, prevent injury to plant and animal 

life and property, foster the comfort and 

convenience of the people, promote the 

economic and social development of this state, 

and facilitate the enjoyment of the natural 

attractions of this state. 

 (3) Local and regional air pollution 

control programs shall be supported to the extent 

practicable as essential instruments to secure and 

maintain appropriate levels of air quality. 

 (4) The purpose of this chapter is to: 

 (a) provide for a coordinated statewide 

program of air pollution prevention, abatement, 

and control; 

 (b) provide for an appropriate 

distribution of responsibilities among the state 

and local units of government; 

 (c) facilitate cooperation across 

jurisdictional lines in dealing with problems of 

air pollution not confined within single 

jurisdictions; and 

 (d) provide a framework within which 

air quality may be protected and consideration 

given to the public interest at all levels of 

planning and development within the state.. 

19-2-102. Definitions. 

As used in this chapter: 

 (1) "Air contaminant" means any 

particulate matter or any gas, vapor, suspended 

solid, or any combination of them, excluding 

steam and water vapors. 

 

(2) "Air contaminant source" means all 

sources of emission of air contaminants whether 

privately or publicly owned or operated. 

(3) "Air pollution" means the presence 

in the ambient air of one or more air 

contaminants in the quantities and duration and 

under conditions and circumstances as is or 

tends to be injurious to human health or welfare, 

animal or plant life, or property, or would 

unreasonably interfere with the enjoyment of life 

or use of property, as determined by the rules 

adopted by the board. 

 (4) "Ambient air" means the 

surrounding or outside air. 

 (5) "Asbestos" means the asbestiform 

varieties of serpentine (chrysotile), riebeckite 

(crocidolite), cummingtonite-grunerite, 

anthophyllite, and actinolite-tremolite. 

 (6) "Asbestos-containing material" 

means any material containing more than 1% 

asbestos, as determined using the method 

adopted in 40 CFR Part 61, Subpart M, National 

Emission Standard for Asbestos. 

 (7) "Asbestos inspection" means an 

activity undertaken to determine the presence or 

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

physical examination, or by taking samples of 

the material. 

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

Board. 

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

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

Board or the Water Quality Board. 

 (9) "Clean school bus" has the same 

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

 (10) "Director" means the director of 

the Division of Air Quality. 

(11) "Division" means the Division of 

Air Quality, created in Subsection 19-1-

105(1)(a). 

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

equipment, structures, or any part or accessories 

of them, installed or acquired for the primary 

purpose of controlling or disposing of air 

pollution. 

 (b) "Facility" does not include an air 

conditioner, fan, or other similar facility for the 

C - 2
comfort of personnel. 

 (13) "Friable asbestos-containing 

material" means any material containing more 

than 1% asbestos, as determined using the 

method adopted in 40 CFR Part 61, Subpart M, 

National Emission Standard for Asbestos, that 

hand pressure can crumble, pulverize, or reduce 

to powder when dry. 

 (14) "Indirect source" means a facility, 

building, structure, or installation which attracts 

or may attract mobile source activity that results 

in emissions of a pollutant for which there is a 

national standard. 

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

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

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

installation, excavation, machinery, equipment, 

or device, or any addition to, reconstruction, 

replacement or improvement of, land or an 

existing structure, building, installation, 

excavation, machinery, equipment, or device 

reasonably used, erected, constructed, acquired, 

or installed by any person if the primary purpose 

of the use, erection, construction, acquisition, or 

installation is the prevention, control, or 

reduction of air or water pollution by: 

 (i) the disposal or elimination of or 

redesign to eliminate waste and the use of 

treatment works for industrial waste as defined 

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

(ii) the disposal, elimination, or 

reduction of or redesign to eliminate or reduce 

air contaminants or air pollution or air 

contamination sources and the use of air 

cleaning devices. 

 (b) "Pollution control facility" or 

"facility" does not include air conditioners, 

septic tanks, or other facilities for human waste, 

nor any property installed, constructed, or used 

for the moving of sewage to the collection 

facilities of a public or quasi-public sewerage 

system. 

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

-- Terms -- Organization -- Per diem and 

expenses. 

(1) The board consists of the following 

nine members: 

(a) the following non-voting member, 

except that the member may vote to break a tie 

vote between the voting members: 

(i) the executive director; or 

(ii) an employee of the department 

designated by the executive director; and 

 (b) the following eight voting 

members, who shall be appointed by the 

governor with the consent of the Senate: 

 (i) one representative who: 

 (A) is not connected with industry; 

 (B) is an expert in air quality matters; 

and 

 (C) is a Utah-licensed physician, a 

Utah-licensed professional engineer, or a 

scientist with relevant training and experience; 

 (ii) two government representatives 

who do not represent the federal government; 

 (iii) one representative from the mining 

industry; 

 (iv) one representative from the fuels 

industry; 

 (v) one representative from the 

manufacturing industry; 

(vi) one representative from the public 

who represents: 

 (A) an environmental nongovernmental 

organization; or 

 (B) a nongovernmental organization 

that represents community interests and does not 

represent industry interests; and 

 (vii) one representative from the public 

who is trained and experienced in public health. 

 (2) A member of the board shall: 

 (a) be knowledgeable about air 

pollution matters, as evidenced by a professional 

degree, a professional accreditation, or 

documented experience; 

 (b) be a resident of Utah; 

 (c) attend board meetings in 

accordance with the attendance rules made by 

the department under Subsection 19-1-

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

 (d) comply with all applicable statutes, 

rules, and policies, including the conflict of 

interest rules made by the department under 

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

 (3) No more than five of the appointed 

members of the board shall belong to the same 

political party. 

 (4) A majority of the members of the 

C - 3
board may not derive any significant portion of 

their income from persons subject to permits or 

orders under this chapter. 

(5) (a) Members shall be appointed for 

a term of four years. 

(b) Notwithstanding the requirements of 

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

of appointment or reappointment, adjust the 

length of terms to ensure that the terms of board 

members are staggered so that half of the 

appointed board is appointed every two years. 

 (c) (i) Notwithstanding Subsection 

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

appointed before March 1, 2013, shall expire on 

February 28, 2013. 

 (ii) On March 1, 2013, the governor 

shall appoint or reappoint board members in 

accordance with this section. 

 (6) A member may serve more than 

one term. 

 (7) A member shall hold office until 

the expiration of the member's term and until the 

member's successor is appointed, but not more 

than 90 days after the expiration of the member's 

term. 

(8) When a vacancy occurs in the 

membership for any reason, the replacement 

shall be appointed for the unexpired term. 

(9) The board shall elect annually a 

chair and a vice chair from its members. 

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

quarterly. 

(b) Special meetings may be called by 

the chair upon the chair's own initiative, upon 

the request of the director, or upon the request of 

three members of the board. 

 (c) Three days' notice shall be given to 

each member of the board before any meeting. 

(11) Five members constitute a quorum 

at any meeting, and the action of a majority of 

members present is the action of the board. 

(12) A member may not receive 

compensation or benefits for the member's 

service, but may receive per diem and travel 

expenses in accordance with: 

(a) Section 63A-3-106; 

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

(c) rules made by the Division of 

Finance pursuant to Sections 63A-3-106 and 

63A-3-107. 

19-2-104. Powers of board. 

(1) The board may make rules in 

accordance with Title 63G, Chapter 3, Utah 

Administrative Rulemaking Act: 

 (a) regarding the control, abatement, 

and prevention of air pollution from all sources 

and the establishment of the maximum quantity 

of air contaminants that may be emitted by any 

air contaminant source; 

 (b) establishing air quality standards; 

 (c) requiring persons engaged in 

operations which result in air pollution to: 

 (i) install, maintain, and use emission 

monitoring devices, as the board finds 

necessary; 

 (ii) file periodic reports containing 

information relating to the rate, period of 

emission, and composition of the air 

contaminant; and 

 (iii) provide access to records relating 

to emissions which cause or contribute to air 

pollution; 

 (d) (i) implementing: 

 (A) Toxic Substances Control Act, 

Subchapter II, Asbestos Hazard Emergency 

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

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

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

Emission Standards for Hazardous Air 

Pollutants, Subpart M, National Emission 

Standard for Asbestos; and 

 (ii) reviewing and approving asbestos 

management plans submitted by local education 

agencies under the Toxic Substances Control 

Act, Subchapter II, Asbestos Hazard Emergency 

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

 (e) establishing a requirement for a 

diesel emission opacity inspection and 

maintenance program for diesel-powered motor 

vehicles; 

 (f) implementing an operating permit 

program as required by and in conformity with 

Titles IV and V of the federal Clean Air Act 

Amendments of 1990; 

 (g) establishing requirements for county 

emissions inspection and maintenance programs 

after obtaining agreement from the counties that 

would be affected by the requirements; 

C - 4
 

 (h) with the approval of the governor, 

implementing in air quality nonattainment areas 

employer-based trip reduction programs 

applicable to businesses having more than 100 

employees at a single location and applicable to 

federal, state, and local governments to the 

extent necessary to attain and maintain ambient 

air quality standards consistent with the state 

implementation plan and federal requirements 

under the standards set forth in Subsection (2); 

and 

 (i) implementing lead-based paint 

remediation training, certification, and 

performance requirements in accordance with 15 

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

Act, Subchapter IV -- Lead Exposure Reduction, 

Sections 402 and 406. 

 (2) When implementing Subsection 

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

 (a) the impact of the business on overall 

air quality; and 

 (b) the need of the business to use 

automobiles in order to carry out its business 

purposes. 

 (3) (a) The board may: 

 (i) hold a hearing that is not an 

adjudicative proceeding relating to any aspect 

of, or matter in, the administration of this 

chapter; 

 (ii) order the director to: 

 (A) issue orders necessary to enforce 

the provisions of this chapter; 

 (B) enforce the orders by appropriate 

administrative and judicial proceedings; or 

 (C) institute judicial proceedings to 

secure compliance with this chapter; or 

 (iii) advise, consult, contract, and 

cooperate with other agencies of the state, local 

governments, industries, other states, interstate 

or interlocal agencies, the federal government, 

or interested persons or groups. 

 (b) The board shall: 

 (i) to ensure compliance with applicable 

statutes and regulations: 

 (A) review a settlement negotiated by 

the director in accordance with Subsection 19-2-

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

$25,000 or more; and 

 

 (B) approve or disapprove the 

settlement; 

 (ii) encourage voluntary cooperation by 

persons and affected groups to achieve the 

purposes of this chapter; 

 (iii) require the owner and operator of 

each new source which directly emits or has the 

potential to emit 100 tons per year or more of 

any air contaminant or the owner or operator of 

each existing source which by modification will 

increase emissions or have the potential of 

increasing emissions by 100 tons per year or 

more of any air contaminant, to pay a fee 

sufficient to cover the reasonable costs of: 

 (A) reviewing and acting upon the 

notice required under Section 19-2-108; and 

 (B) implementing and enforcing 

requirements placed on the sources by any 

approval order issued pursuant to notice, not 

including any court costs associated with any 

enforcement action; 

 (iv) meet the requirements of federal air 

pollution laws; 

 (v) by rule, establish work practice, 

certification, and clearance air sampling 

requirements for persons who: 

 (A) contract for hire to conduct 

demolition, renovation, salvage, encapsulation 

work involving friable asbestos-containing 

materials, or asbestos inspections if: 

 (I) the contract work is done on a site 

other than a residential property with four or 

fewer units; or 

 (II) the contract work is done on a 

residential property with four or fewer units 

where a tested sample contained greater than 1% 

of asbestos; 

 (B) conduct work described in 

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

general public has unrestrained access or in 

school buildings that are subject to the federal 

Asbestos Hazard Emergency Response Act of 

1986; 

 (C) conduct asbestos inspections in 

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

Toxic Substances Control Act, Subchapter II - 

Asbestos Hazard Emergency Response; or 

 (D) conduct lead paint inspections in 

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

Toxic Substances Control Act, Subchapter IV --

C - 5
Lead Exposure Reduction; 

 (vi) establish certification requirements 

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

seq., Toxic Substances Control Act, Subchapter 

II - Asbestos Hazard Emergency Response, to be 

accredited as inspectors, management planners, 

abatement project designers, asbestos abatement 

contractors and supervisors, or asbestos 

abatement workers; 

 (vii) establish certification requirements 

for asbestos project monitors, which shall 

provide for experience-based certification of 

persons who, prior to establishment of the 

certification requirements, had received relevant 

asbestos training, as defined by rule, and had 

acquired at least 1,000 hours of experience as 

project monitors; 

 (viii) establish certification procedures 

and requirements for certification of the 

conversion of a motor vehicle to a clean-fuel 

vehicle, certifying the vehicle is eligible for the 

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

1009; 

 (ix) establish a program to certify 

private sector air quality permitting 

professionals (AQPP), as described in Section 

19-2-109.5; 

 (x) establish certification requirements 

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

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

Exposure Reduction, to be accredited as 

inspectors, risk assessors, supervisors, project 

designers, or abatement workers; and 

 (xi) assist the State Board of Education 

in adopting school bus idling reduction 

standards and implementing an idling reduction 

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

 (4) Any rules adopted under this 

chapter shall be consistent with provisions of 

federal laws, if any, relating to control of motor 

vehicles or motor vehicle emissions. 

 (5) Nothing in this chapter authorizes 

the board to require installation of or payment 

for any monitoring equipment by the owner or 

operator of a source if the owner or operator has 

installed or is operating monitoring equipment 

that is equivalent to equipment which the board 

would require under this section. 

 (6) (a) The board may not require 

testing for asbestos or related materials on a 

residential property with four or fewer units, 

unless: 

 (i) the property's construction was 

completed before January 1, 1981; or 

 (ii) the testing is for: 

 (A) a sprayed acoustical ceiling; 

 (B) transite siding; 

 (C) vinyl floor tile; 

 (D) thermal-system insulation or tape 

on a duct or furnace; or 

 (E) vermiculite type insulation 

materials. 

 (b) A residential property with four or 

fewer units is subject to an abatement rule made 

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

 (i) a sample from the property is tested 

for asbestos; and 

 (ii) the sample contains asbestos 

measuring greater than 1%. 

 (7) The board may not issue, amend, 

renew, modify, revoke, or terminate any of the 

following that are subject to the authority 

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

19-2-108: 

 (a) a permit; 

 (b) a license; 

 (c) a registration; 

 (d) a certification; or 

 (e) another administrative authorization 

made by the director. 

 (8) A board member may not speak or 

act for the board unless the board member is 

authorized by a majority of a quorum of the 

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

 (9) Notwithstanding Subsection (7), the 

board may exercise all authority granted to the 

board by a federally enforceable state 

implementation plan.

19-2-105. Duties of board. 

The board, in conjunction with the 

governing body of each county identified in 

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

shall order the director to perform an evaluation 

of the inspection and maintenance program 

developed under Section 41-6a-1643 including 

issues relating to: 

 

 (1) the implementation of a 

C - 6
standardized inspection and maintenance 

program; 

(2) out-of-state registration of vehicles 

used in Utah; 

 (3) out-of-county registration of 

vehicles used within the areas required to have 

an inspection and maintenance program; 

 (4) use of the farm truck exemption; 

(5) mechanic training programs; 

(6) emissions standards; and 

 

(7) emissions waivers 

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

fleets. 

(1) As used in this section: 

 

(a) “1990 Clean Air Act” means the 

federal Clean Air Act as amended in 1990. 

 (b) "Clean fuel" means: 

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

or electricity; 

 (ii) other fuel the Air Quality Board 

created in Title 19, Chapter 2, Air Conservation 

Act, determines annually on or before July 1 is 

at least as effective as fuels under Subsection 

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

 (iii) other fuel that meets the clean fuel 

vehicle standards in the 1990 Clean Air Act. 

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

 (i) owned or operated by a single entity 

as defined by board rule; and 

 (ii) capable of being fueled or that are 

fueled at a central location. 

 (d) "Fleet" does not include motor 

vehicles that are: 

 (i) held for lease or rental to the general 

public; 

 (ii) held for sale or used as 

demonstration vehicles by motor vehicle dealers; 

 (iii) used by motor vehicle 

manufacturers for product evaluations or tests; 

 (iv) authorized emergency vehicles as 

defined in Section 41-6a-102; 

 (v) registered under Title 41, Chapter 

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

 (vi) special mobile equipment as 

defined in Section 41-1a-102; 

 (vii) heavy duty trucks with a gross 

vehicle weight rating of more than 26,000 

pounds; 

 (viii) regularly used by employees to 

drive to and from work, parked at the 

employees' personal residences when they are 

not at their employment, and not practicably 

fueled at a central location; 

 (ix) owned, operated, or leased by 

public transit districts; or 

 (x) exempted by board rule. 

 (2) (a) After evaluation of reasonably 

available pollution control strategies, and as part 

of the state implementation plan demonstrating 

attainment of the national ambient air quality 

standards, the board may by rule, subject to 

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

geographical areas to use clean fuels if the board 

determines fleet use of clean fuels is: 

 (i) necessary to demonstrate attainment 

of the national ambient air quality standards in 

any area where they are required; and 

 (ii) reasonably cost effective when 

compared to other similarly beneficial control 

strategies for demonstrating attainment of the 

national ambient air quality standards. 

 (b) State implementation plans 

developed prior to July 1, 1995, may require 

fleets to use clean fuels no earlier than July 1, 

1995, unless the board determines fleet use of 

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

demonstrate attainment of the national ambient 

air quality standards in any area by an 

attainment date established by federal law. 

 (c) The board may not require more 

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

duty trucks having a gross vehicle weight rating 

of more than 8,500 pounds and not more than 

26,000 pounds to convert to clean fuels under 

Subsection (2)(b). 

 (d) A vehicle retrofit to operate on 

compressed natural gas in accordance with 

Section 19-1-406 qualifies as a clean fuel 

vehicle under this section. 

 (3) (a) After evaluation of reasonably 

available pollution control strategies, and as part 

of a state implementation plan demonstrating 

only maintenance of the national ambient air 

quality standards, the board may by rule, subject 

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

geographical areas to use clean fuels if the board 

determines fleet use of clean fuels is: 

 (i) necessary to demonstrate 

maintenance of the national ambient air quality 

standards in any area where they are required; 

and 

 (ii) reasonably cost effective as 

compared with other similarly beneficial control 

strategies for demonstrating maintenance of the 

national ambient air quality standards. 

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

may require no more than: 

 

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

before January 1, 1998; 

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

before January 1, 1999; and 

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

before January 1, 2000. 

 (c) The board may not require more 

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

duty trucks having a gross vehicle weight rating 

of more than 8,500 pounds and not more than 

26,000 pounds to convert to clean fuels under 

Subsection (3)(b). 

 (4) Rules the board makes under this 

section may include: 

 (a) dates by which fleets are required to 

convert to clean fuels under the provisions of 

this section; 

 (b) definitions of fleet owners or 

operators; 

 (c) definitions of vehicles exempted 

from this section by rule; 

 (d) certification requirements for 

persons who install clean fuel conversion 

equipment, including testing and certification 

standards regarding installers; and 

 (e) certification fees for installers, 

established under Section 63J-1-504. 

 (5) Implementation of this section and 

rules made under this section are subject to the 

reasonable availability of clean fuel in the local 

market as determined by the board.

19-2-106. Rulemaking authority and 

procedure. 

(1) Except as provided in Subsection 

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

purpose of administering a program under the 

federal Clean Air Act may be more stringent 

than the corresponding federal regulations which 

address the same circumstances. In making 

rules, the board may incorporate by reference 

corresponding federal regulations. 

 (2) The board may make rules more 

stringent than corresponding federal regulations 

for the purpose described in Subsection (1), only 

if it makes a written finding after public 

comment and hearing and based on evidence in 

the record, that corresponding federal 

regulations are not adequate to protect public 

health and the environment of the state. Those 

findings shall be accompanied by an opinion 

referring to and evaluating the public health and 

environmental information and studies contained 

in the record which form the basis for the 

board's conclusion.

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

(1) The executive director shall appoint 

the director. The director shall serve under the 

administrative direction of the executive 

director. 

(2) (a) The director shall: 

(i) prepare and develop comprehensive 

plans for the prevention, abatement, and control 

of air pollution in Utah; 

(ii) advise, consult, and cooperate with 

other agencies of the state, the federal 

government, other states and interstate agencies, 

and affected groups, political subdivisions, and 

industries in furtherance of the purposes of this 

chapter; 

(iii) review plans, specifications, or 

other data relative to pollution control systems 

or any part of the systems provided in this 

chapter; 

(iv) under the direction of the executive 

director, represent the state in all matters relating 

to interstate air pollution, including interstate 

compacts and similar agreements; 

(v) secure necessary scientific, 

technical, administrative, and operational 

services, including laboratory facilities, by 

contract or otherwise; 

 (vi) encourage voluntary cooperation 

by persons and affected groups to achieve the 

purposes of this chapter; 

(vii) encourage local units of 

government to handle air pollution within their 

respective jurisdictions on a cooperative basis 

and provide technical and consulting assistance 

to them; 

(viii) determine by means of field 

studies and sampling the degree of air 

contamination and air pollution in all parts of the 

state; 

(ix) monitor the effects of the emission 

of air contaminants from motor vehicles on the 

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quality of the outdoor atmosphere in all parts of 

Utah and take appropriate responsive action; 

 

(x) collect and disseminate information 

relating to air contamination and air pollution 

and conduct educational and training programs 

relating to air contamination and air pollution; 

(xi) assess and collect noncompliance 

penalties as required in Section 120 of the 

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

(xii) comply with the requirements of 

federal air pollution laws; 

(xiii) subject to the provisions of this 

chapter, enforce rules through the issuance of 

orders, including: 

(A) prohibiting or abating discharges of 

wastes affecting ambient air; 

(B) requiring the construction of new 

control facilities or any parts of new control 

facilities or the modification, extension, or 

alteration of existing control facilities or any 

parts of new control facilities; or

(C) adopting other remedial measures 

to prevent, control, or abate air pollution; and 

(xiv) as authorized by the board and 

subject to the provisions of this chapter, act as 

executive secretary of the board under the 

direction of the chairman of the board. 

(b) The director may: 

(i) employ full-time employees 

necessary to carry out this chapter; 

(ii) subject to the provisions of this 

chapter, authorize any employee or 

representative of the department to enter at 

reasonable time and upon reasonable notice in or 

upon public or private property for the purposes 

of inspecting and investigating conditions and 

plant records concerning possible air pollution; 

(iii) encourage, participate in, or 

conduct studies, investigations, research, and 

demonstrations relating to air pollution and its 

causes, effects, prevention, abatement, and 

control, as advisable and necessary for the 

discharge of duties assigned under this chapter, 

including the establishment of inventories of 

pollution sources; 

(iv) collect and disseminate information 

relating to air pollution and the prevention, 

control, and abatement of it; 

(v) cooperate with studies and research 

relating to air pollution and its control, 

abatement, and prevention; 

 

(vi) subject to Subsection (3), upon 

request, consult concerning the following with 

any person proposing to construct, install, or 

otherwise acquire an air contaminant source in 

Utah: 

(A) the efficacy of any proposed control 

device or proposed control system for the 

source; or 

(B) the air pollution problem that may 

be related to the source, device, or system; 

(vii) accept, receive, and administer 

grants or other funds or gifts from public and 

private agencies, including the federal 

government, for the purpose of carrying out any 

of the functions of this chapter; 

(viii) subject to Subsection 19-2-

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

action initiated by the division to compel 

compliance with this chapter or the rules made 

under this chapter; or 

(ix) as authorized by the board and 

subject to the provisions of this chapter, exercise 

all incidental powers necessary to carry out the 

purposes of this chapter, including certification 

to any state or federal authorities for tax 

purposes the fact of construction, installation, or 

acquisition of any facility, land, building, 

machinery, or equipment or any part of them, in 

conformity with this chapter. 

(3) A consultation described in 

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

from the requirements of this chapter, the rules 

adopted under this chapter, or any other 

provision of law. 

19-2-108. Notice of construction or 

modification of installations required --

Authority of director to prohibit construction --

Hearings -- Limitations on authority of director 

-- Inspections authorized.

(1) Notice shall be given to the director 

by any person planning to construct a new 

installation which will or might reasonably be 

expected to be a source or indirect source of air 

pollution or to make modifications to an existing 

installation which will or might reasonably be 

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expected to increase the amount of or change the 

character or effect of air contaminants 

discharged, so that the installation may be 

expected to be a source or indirect source of air 

pollution, or by any person planning to install an 

air cleaning device or other equipment intended 

to control emission of air contaminants. 

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

condition precedent to the construction, 

modification, installation, or establishment of 

the air contaminant source or indirect source, the 

submission of plans, specifications, and other 

information as he finds necessary to determine 

whether the proposed construction, 

modification, installation, or establishment will 

be in accord with applicable rules in force under 

this chapter. 

(ii) Plan approval for an indirect source 

may be delegated by the director to a local 

authority when requested and upon assurance 

that the local authority has and will maintain 

sufficient expertise to insure that the planned 

installation will meet the requirements 

established by law. 

(b) If within 90 days after the receipt of 

plans, specifications, or other information 

required under this subsection, the director 

determines that the proposed construction, 

installation, or establishment or any part of it 

will not be in accord with the requirements of 

this chapter or applicable rules or that further 

time, not exceeding three extensions of 30 days 

each, is required by the director to adequately 

review the plans, specifications, or other 

information, he shall issue an order prohibiting 

the construction, installation, or establishment of 

the air contaminant source or sources in whole 

or in part. 

 (3) In addition to any other remedies, 

any person aggrieved by the issuance of an order 

either granting or denying a request for the 

construction of a new installation, and prior to 

invoking any such other remedies shall, upon 

request, in accordance with the rules of the 

department, be entitled to a permit review 

adjudicative proceeding conducted by an 

administrative law judge as provided by Section 

19-1-301.5. 

 (4) Any features, machines, and 

devices constituting parts of or called for by 

plans, specifications, or other information 

submitted under Subsection (1) shall be 

maintained in good working order. 

 

(5) This section does not authorize the 

director to require the use of machinery, devices, 

or equipment from a particular supplier or 

produced by a particular manufacturer if the 

required performance standards may be met by 

machinery, devices, or equipment otherwise 

available. 

(6) (a) Any authorized officer, 

employee, or representative of the director may 

enter and inspect any property, premise, or place 

on or at which an air contaminant source is 

located or is being constructed, modified, 

installed, or established at any reasonable time 

for the purpose of ascertaining the state of 

compliance with this chapter and the rules 

adopted under it. 

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

access to any authorized representative of the 

director who requests entry for purposes of 

inspection and who presents appropriate 

credentials. 

(ii) A person may not obstruct, hamper, 

or interfere with any inspection. 

(c) If requested, the owner or operator 

of the premises shall receive a report setting 

forth all facts found which relate to compliance 

status. 

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

adoption -- Orders of director -- Adoption of 

emission control requirements.

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

of quality for ambient air, shall conduct public 

hearings. 

 (b) Notice of any public hearing for the 

consideration, adoption, or amendment of air 

quality standards shall specify the locations to 

which the proposed standards apply and the 

time, date, and place of the hearing. 

 (c) The notice shall be: 

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

newspaper of general circulation in the area 

affected; and 

 (B) published on the Utah Public Notice 

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

C - 11
20 days before the public hearing; and 

 (ii) mailed at least 20 days before the 

public hearing to the chief executive of each 

political subdivision of the area affected and to 

other persons the director has reason to believe 

will be affected by the standards. 

 (d) The adoption of air quality 

standards or any modification or changes to air 

quality standards shall be by order of the 

director following formal action of the board 

with respect to the standards. 

 (e) The order shall be published: 

 (i) in a newspaper of general circulation 

in the area affected; and 

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

 (2) (a) The board may establish 

emission control requirements by rule that in its 

judgment may be necessary to prevent, abate, or 

control air pollution that may be statewide or 

may vary from area to area, taking into account 

varying local conditions. 

 (b) In adopting these requirements, the 

board shall give notice and conduct public 

hearings in accordance with the requirements in 

Subsection (1).

19-2-109.1. Operating permit required --

Emissions fee -- Implementation. 

(1) As used in this section and Sections 

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

(a) "EPA" means the federal 

Environmental Protection Agency. 

(b) "1990 Clean Air Act" means the 

federal Clean Air Act as amended in 1990. 

 (c) "Operating permit" means a permit 

issued by the director to sources of air pollution 

that meet the requirements of Titles IV and V of 

the 1990 Clean Air Act. 

 (d) "Program" means the air pollution 

operating permit program established under this 

section to comply with Title V of the 1990 Clean 

Air Act. 

 (e) "Regulated pollutant" has the same 

meaning as defined in Title V of the 1990 Clean 

Air Act and implementing federal regulations. 

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

source of air pollution required to have a permit 

under Title V of the 1990 Clean Air Act without 

having obtained an operating permit from the 

director under procedures the board establishes 

by rule. 

 (b) A person is not required to submit 

an operating permit application until the 

governor has submitted an operating permit 

program to the EPA. 

(c) Any operating permit issued under 

this section may not become effective until the 

day after the EPA issues approval of the permit 

program or November 15, 1995, whichever 

occurs first. 

(3) (a) Operating permits issued under 

this section shall be for a period of five years 

unless the director makes a written finding, after 

public comment and hearing, and based on 

substantial evidence in the record, that an 

operating permit term of less than five years is 

necessary to protect the public health and the 

environment of the state. 

(b) The director may issue, modify, or 

renew an operating permit only after providing 

public notice, an opportunity for public 

comment, and an opportunity for a public 

hearing. 

(c) The director shall, in conformity 

with the 1990 Clean Air Act and implementing 

federal regulations, revise the conditions of 

issued operating permits to incorporate 

applicable federal regulations in conformity with 

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

the remaining period of the permit is three or 

more years. 

 (d) The director may terminate, 

modify, revoke, or reissue an operating permit 

for cause. 

(4) (a) The board shall establish a 

proposed annual emissions fee that conforms 

with Title V of the 1990 Clean Air Act for each 

ton of regulated pollutant, applicable to all 

sources required to obtain a permit. The 

emissions fee established under this section is in 

addition to fees assessed under Section 19-2-108 

for issuance of an approval order. 

(b) In establishing the fee the board 

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

the established fee to be submitted to the 

Legislature for its approval as part of the 

department's annual appropriations request. 

(c) The fee shall cover all reasonable 

C - 12
direct and indirect costs required to develop and 

administer the program and the small business 

assistance program established under Section 

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

report of the emissions fees collected and the 

costs covered by those fees under this 

Subsection (4). 

(d) The fee shall be established 

uniformly for all sources required to obtain an 

operating permit under the program and for all 

regulated pollutants. 

(e) The fee may not be assessed for 

emissions of any regulated pollutant if the 

emissions are already accounted for within the 

emissions of another regulated pollutant. 

 (f) An emissions fee may not be 

assessed for any amount of a regulated pollutant 

emitted by any source in excess of 4,000 tons 

per year of that regulated pollutant. 

(5) Emissions fees accrued on and after 

July 1, 1993, but before issuance of an operating 

permit, shall be based on the most recent 

emissions inventory, unless a source elects 

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

emissions, if applicable for a regulated pollutant. 

(6) After an operating permit is issued 

the emissions fee shall be based on actual 

emissions for a regulated pollutant unless a 

source elects, prior to the issuance or renewal of 

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

permit on allowable emissions for that regulated 

pollutant. 

 (7) If the owner or operator of a source 

subject to this section fails to timely pay an 

annual emissions fee, the director may: 

(a) impose a penalty of not more than 

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

interest on the fee computed at 12% annually; or 

 (b) revoke the operating permit. 

 (8) The owner or operator of a source 

subject to this section may contest an emissions 

fee assessment or associated penalty in an 

adjudicative hearing under the Title 63G, 

Chapter 4, Administrative Procedures Act, and 

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

(8). 

 (a) The owner or operator shall pay the 

fee under protest prior to being entitled to a 

hearing. Payment of an emissions fee or penalty 

under protest is not a waiver of the right to 

contest the fee or penalty under this section. 

 (b) A request for a hearing under this 

Subsection (8) shall be made after payment of 

the emissions fee and within six months after the 

emissions fee was due. 

 

(9) To reinstate an operating permit 

revoked under Subsection (7) the owner or 

operator shall pay all outstanding emissions fees, 

a penalty of not more than 50% of all 

outstanding fees, and interest on the outstanding 

emissions fees computed at 12% annually. 

(10) All emissions fees and penalties 

collected by the department under this section 

shall be deposited in the General Fund as the Air 

Pollution Operating Permit Program dedicated 

credit to be used solely to pay for the reasonable 

direct and indirect costs incurred by the 

department in developing and administering the 

program and the small business assistance 

program under Section 19-2-109.2. 

 (11) Failure of the director to act on 

any operating permit application or renewal is a 

final administrative action only for the purpose 

of obtaining judicial review by any of the 

following persons to require the director to take 

action on the permit or its renewal without 

additional delay: 

(a) the applicant; 

(b) any person who participated in the 

public comment process; or 

 (c) any other person who could obtain 

judicial review of that action under applicable 

law. 

19-2-109.2. Small business assistance 

program. 

(1) The board shall establish a small 

business stationary source technical and 

environmental compliance assistance program 

that conforms with Title V of the 1990 Clean Air 

Act to assist small businesses to comply with 

state and federal air pollution laws. 

(2) There is created the Compliance 

Advisory Panel to advise and monitor the 

program created in Subsection (1). The seven 

panel members are: 

(a) two members who are not owners or 

representatives of owners of small business 

C - 13
stationary air pollution sources, selected by the 

governor to represent the general public; 

(b) four members who are owners or 

who represent owners of small business 

stationary sources selected by leadership of the 

Utah Legislature as follows: 

 

(i) one member selected by the majority 

leader of the Senate; 

(ii) one member selected by the 

minority leader of the Senate; 

 (iii) one member selected by the 

majority leader of the House of Representatives; 

and 

(iv) one member selected by the 

minority leader of the House of Representatives; 

and 

 (c) one member selected by the 

executive director to represent the Division of 

Air Quality, Department of Environmental 

Quality. 

(3) (a) Except as required by Subsection 

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

the department shall appoint each new member 

or reappointed member to a four-year term. 

(b) Notwithstanding the requirements of 

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

time of appointment or reappointment, adjust the 

length of terms to ensure that the terms of panel 

members are staggered so that approximately 

half of the panel is appointed every two years. 

(4) Members may serve more than one 

term. 

(5) Members shall hold office until the 

expiration of their terms and until their 

successors are appointed, but not more than 90 

days after the expiration of their terms. 

 (6) When a vacancy occurs in the 

membership for any reason, the replacement 

shall be appointed for the unexpired term. 

 (7) Every two years, the panel shall 

elect a chair from its members. 

 (8) (a) The panel shall meet as 

necessary to carry out its duties. Meetings may 

be called by the chair, the director, or upon 

written request of three of the members of the 

panel. 

(b) Three days' notice shall be given to 

each member of the panel prior to a meeting. 

(9) Four members constitute a quorum 

at any meeting, and the action of the majority of 

members present is the action of the panel. 

 (10) A member may not receive 

compensation or benefits for the member's 

service, but may receive per diem and travel 

expenses in accordance with: 

(a) Section 63A-3-106; 

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

 (c) rules made by the Division of 

Finance pursuant to Sections 63A-3-106 and 

63A-3-107 

 (9) Four members constitute a quorum 

at any meeting, and the action of the majority of 

members present is the action of the panel. 

 (10) A member may not receive 

compensation or benefits for the member's 

service, but may receive per diem and travel 

expenses in accordance with: 

 (a) Section 63A-3-106; 

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

 (c) rules made by the Division of 

Finance pursuant to Sections 63A-3-106 and 

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

their successors are appointed, but not more than 

90 days after the expiration of their terms. 

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

A copy of each permit application, 

compliance plan, emissions or compliance 

monitoring report, certification, and each 

operating permit issued under this chapter shall 

be made available to the public in accordance 

with Title 63, Chapter 2, Government Records 

Access and Management Act.

19-2-109.5. Private sector air quality 

permitting professionals certification 

program. 

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

means an air quality permitting professional. 

 (2) The board may establish a program 

to certify private sector AQPPs, including 

consultants and employees of companies that 

may seek air quality permits from the division. 

Any program established under this section shall 

include: 

 (a) a training program established and 

operated by the department, which describes and 

explains the state law and rules regarding the air 

quality permit application and approval 

procedure under this chapter; 

 (b) the requirement to pass an exam to 

measure qualifications of AQPP applicants; 

 (c) an option for certification of an 

AQPP by passing the exam without undergoing 

any training required under the program; 

 (d) an application process, including a 

fee established under Section 63-38-3.2 that 

covers the costs of the training, testing, and 

application process and the department's 

maintenance of a list of certified AQPPs; 

 (e) certification of qualified AQPP 

applicants; 

 (f) maintenance by the department of a 

current list of certified AQPPs, which is 

available to the public; and 

 (g) procedures for the expedited review 

by the department of air quality permit 

applications submitted by certified AQPPs; and 

 (h) professional standards for AQPPs. 

 (3) The board may not require AQPP 

certification as a condition of preparing or 

submitting a notice of intent or operating permit 

application under this chapter. 

 (4) Any program under this section 

shall provide for revocation of any certification 

issued under this section if the department 

determines, through an administrative hearing 

conducted under Title 63, Chapter 46b, 

Administrative Procedures Act, that the AQPP: 

 (a) knowingly or negligently submitted 

false information or data as part of an air quality 

permit application; 

 (b) prepared more than three air quality 

permit applications in one calendar year in a 

manner that each did not substantially comply 

with department application requirements; 

 (c) prepared any air quality permit 

application in violation of the professional 

standards defined by department rule.

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

Corrective action orders -- Conference, 

conciliation, and persuasion by director --

Hearings. 

(1) Whenever the director has reason to 

believe that a violation of any provision of this 

chapter or any rule issued under it has occurred, 

the director may serve written notice of the 

violation upon the alleged violator. The notice 

shall specify the provision of this chapter or rule 

alleged to be violated, the facts alleged to 

constitute the violation, and may include an 

order that necessary corrective action be taken 

within a reasonable time. 

 (2) Nothing in this chapter prevents the 

director from making efforts to obtain voluntary 

compliance through warning, conference, 

conciliation, persuasion, or other appropriate 

means. 

(3) Hearings may be held before an 

administrative law judge as provided by Section 

19-1-301. 

19-2-112. Generalized condition of air 

pollution creating emergency -- Sources 

causing imminent danger to health -- Powers 

of executive director -- Declaration of 

emergency. 

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

C - 15
Administrative Procedures Act, and any other 

provision of law to the contrary notwithstanding, 

if the executive director finds that a generalized 

condition of air pollution exists and that it 

creates an emergency requiring immediate 

action to protect human health or safety, the 

executive director, with the concurrence of the 

governor, shall order persons causing or 

contributing to the air pollution to reduce or 

discontinue immediately the emission of air 

contaminants. 

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

not later than 24 hours after its issuance, for a 

hearing to be held before the governor. 

 (c) Not more than 24 hours after the 

commencement of this hearing, and without 

adjournment of it, the governor shall affirm, 

modify, or set aside the order of the executive 

director. 

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

condition of air pollution referred to in 

Subsection (1), but if the executive director finds 

that emissions from the operation of one or more 

air contaminant sources is causing imminent 

danger to human health or safety, the executive 

director may commence adjudicative 

proceedings under Section 63G-4-502. 

 (b) Notwithstanding Section 19-1-301 

or 19-1-301.5, the executive director may 

conduct the emergency adjudicative proceeding 

in place of an administrative law judge. 

 (3) Nothing in this section limits any 

power that the governor or any other officer has 

to declare an emergency and act on the basis of 

that declaration. 

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

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

control of any plant, building, structure, 

establishment, process, or equipment may apply 

to the board for a variance from its rules. 

 (b) The board may grant the requested 

variance following an announced public 

meeting, if it finds, after considering the 

endangerment to human health and safety and 

other relevant factors, that compliance with the 

rules from which variance is sought would 

produce serious hardship without equal or 

greater benefits to the public. 

 (2) A variance may not be granted 

under this section until the board has considered 

the relative interests of the applicant, other 

owners of property likely to be affected by the 

discharges, and the general public. 

 (3) Any variance or renewal of a 

variance shall be granted within the 

requirements of Subsection (1) and for time 

periods and under conditions consistent with the 

reasons for it, and within the following 

limitations: 

 (a) if the variance is granted on the 

grounds that there are no practicable means 

known or available for the adequate prevention, 

abatement, or control of the air pollution 

involved, it shall be only until the necessary 

means for prevention, abatement, or control 

become known and available, and subject to the 

taking of any substitute or alternate measures 

that the board may prescribe; 

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

grounds that compliance with the requirements 

from which variance is sought will require that 

measures, because of their extent or cost, must 

be spread over a long period of time, the 

variance shall be granted for a reasonable time 

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

implementation of the necessary measures; and 

 (ii) a variance granted on this ground 

shall contain a timetable for the implementation 

of remedial measures in an expeditious manner 

and shall be conditioned on adherence to the 

timetable; or 

 (c) if the variance is granted on the 

ground that it is necessary to relieve or prevent 

hardship of a kind other than that provided for in 

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

more than one year. 

 (4) (a) Any variance granted under this 

section may be renewed on terms and conditions 

and for periods that would be appropriate for 

initially granting a variance. 

 (b) If a complaint is made to the board 

because of the variance, a renewal may not be 

granted unless, following an announced public 

meeting, the board finds that renewal is justified. 

 (c) To receive a renewal, an applicant 

shall submit a request for agency action to the 

board requesting a renewal. 

 (d) Immediately upon receipt of an 

C - 16
application for renewal, the board shall give 

public notice of the application as required by its 

rules. 

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

right of the applicant or holder but may be 

granted at the board's discretion. 

 (b) A person aggrieved by the board's 

decision may obtain judicial review. 

 (c) Venue for judicial review of 

informal adjudicative proceedings is in the 

district court in which the air contaminant source 

is situated. 

 (6) (a) The board may review any 

variance during the term for which it was 

granted. 

 (b) The review procedure is the same as 

that for an original application. 

 (c) The variance may be revoked upon 

a finding that: 

 (i) the nature or amount of emission has 

changed or increased; or 

 (ii) if facts existing at the date of the 

review had existed at the time of the original 

application, the variance would not have been 

granted. 

 (7) Nothing in this section and no 

variance or renewal granted pursuant to it shall 

be construed to prevent or limit the application 

of the emergency provisions and procedures of 

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

19-2-114. Activities not in violation of 

chapter or rules. 

The following are not a violation of this 

chapter or of any rules made under it: 

 (1) burning incident to horticultural or 

agricultural operations of: 

 (a) prunings from trees, bushes, and 

plants; or 

 (b) dead or diseased trees, bushes, and 

plants, including stubble; 

 (2) burning of weed growth along ditch 

banks incident to clearing these ditches for 

irrigation purposes; 

 (3) controlled heating of orchards or 

other crops to lessen the chances of their being 

frozen so long as the emissions from this heating 

do not violate minimum standards set by the 

board; and 

 (4) the controlled burning of not more 

than two structures per year by an organized and 

operating fire department for the purpose of 

training fire service personnel when the United 

States Weather Service clearing index is above 

500.

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

Reimbursement for expenses. 

 (1) As used in this section, the terms 

"knowingly," "willfully," and "criminal 

negligence" shall mean as defined in Section 76-

2-103. 

 (2) (a) A person who violates this 

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

made under this chapter is subject in a civil 

proceeding to a penalty not to exceed $10,000 

per day for each violation. 

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

rules made under the authority of Section 19-2-

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

seq., Toxic Substances Control Act, Subchapter 

II - Asbestos Hazard Emergency Response. 

 (c) Penalties assessed for violations 

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

Substances Control Act, Subchapter II - 

Asbestos Hazard Emergency Response, may not 

exceed the amounts specified in that section and 

shall be used in accordance with that section. 

 (3) A person is guilty of a class A 

misdemeanor and is subject to imprisonment 

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

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

knowingly violates any of the following under 

this chapter: 

 (a) an applicable standard or limitation; 

 (b) a permit condition; or 

 (c) a fee or filing requirement. 

 (4) A person is guilty of a third degree 

felony and is subject to imprisonment under 

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

$25,000 per day of violation who knowingly: 

 (a) makes any false material statement, 

representation, or certification, in any notice or 

report required by permit; or 

 (b) renders inaccurate any monitoring 

device or method required to be maintained by 

this chapter or applicable rules made under this 

chapter. 

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

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

under Section 19-2-109.1. 

 (6) A person who willfully violates 

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

misdemeanor. 

 (7) A person who knowingly violates 

any requirement of an applicable 

implementation plan adopted by the board, more 

than 30 days after having been notified in 

writing by the director that the person is 

violating the requirement, knowingly violates an 

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

knowingly handles or disposes of asbestos in 

violation of a rule made under this chapter is 

guilty of a third degree felony and subject to 

imprisonment under Section 76-3-203 and a fine 

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

the case of the first offense, and not more than 

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

subsequent offenses. 

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

 (i) "Hazardous air pollutant" means any 

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

Sec. 7412 or any extremely hazardous substance 

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

 (ii) "Organization" means a legal entity, 

other than a government, established or 

organized for any purpose, and includes a 

corporation, company, association, firm, 

partnership, joint stock company, foundation, 

institution, trust, society, union, or any other 

association of persons. 

 (iii) "Serious bodily injury" means 

bodily injury which involves a substantial risk of 

death, unconsciousness, extreme physical pain, 

protracted and obvious disfigurement, or 

protracted loss or impairment of the function of 

a bodily member, organ, or mental faculty. 

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

misdemeanor and subject to imprisonment under 

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

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

criminal negligence: 

 (A) releases into the ambient air any 

hazardous air pollutant; and 

 (B) places another person in imminent 

danger of death or serious bodily injury. 

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

"person" does not include an employee who is 

carrying out the employee's normal activities 

and who is not a part of senior management 

personnel or a corporate officer. 

 (c) A person is guilty of a second 

degree felony and is subject to imprisonment 

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

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

 

 (i) knowingly releases into the ambient 

air any hazardous air pollutant; and 

 (ii) knows at the time that the person is 

placing another person in imminent danger of 

death or serious bodily injury. 

 (d) If a person is an organization, it 

shall, upon conviction of violating Subsection 

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

$1,000,000. 

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

is considered to have acted knowingly under 

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

 (A) the defendant's conduct placed 

another person in imminent danger of death or 

serious bodily injury; and 

 (B) the defendant was aware of or 

believed that there was an imminent danger of 

death or serious bodily injury to another person. 

 (ii) Knowledge possessed by a person 

other than the defendant may not be attributed to 

the defendant. 

 (iii) Circumstantial evidence may be 

used to prove that the defendant possessed actual 

knowledge, including evidence that the 

defendant took affirmative steps to be shielded 

from receiving relevant information. 

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

prosecution under this Subsection (8) that the 

conduct charged was freely consented to by the 

person endangered and that the danger and 

conduct charged were reasonably foreseeable 

hazards of: 

 (A) an occupation, a business, a 

profession; or 

 (B) medical treatment or medical or 

scientific experimentation conducted by 

professionally approved methods and the other 

person was aware of the risks involved prior to 

giving consent. 

 (ii) The defendant has the burden of 

proof to establish any affirmative defense under 

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

C - 18
defense by a preponderance of the evidence. 

 (9) (a) Except as provided in Subsection 

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

penalties assessed and collected under the 

authority of this section shall be deposited in the 

General Fund. 

 (b) The department may reimburse 

itself and local governments from money 

collected from civil penalties for extraordinary 

expenses incurred in environmental enforcement 

activities. 

 (c) The department shall regulate 

reimbursements by making rules in accordance 

with Title 63G, Chapter 3, Utah Administrative 

Rulemaking Act, that: 

 (i) define qualifying environmental 

enforcement activities; and 

 (ii) define qualifying extraordinary 

expenses.

19-2-116. Injunction or other remedies to 

prevent violations -- Civil actions not 

abridged. 

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

not bar enforcement of this chapter, or any of the 

rules adopted under it or any orders made under 

it by injunction or other appropriate remedy. 

The director has the power to institute and 

maintain in the name of the state any and all 

enforcement proceedings. 

 (2) This chapter does not abridge, limit, 

impair, create, enlarge, or otherwise affect 

substantively or procedurally the right of any 

person to damages or other relief on account of 

injury to persons or property and to maintain any 

action or other appropriate proceeding for this 

purpose. 

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

created in this chapter, the director may initiate 

an action for appropriate injunctive relief: 

 (i) upon failure of any person to comply 

with: 

 (A) any provision of this chapter; 

 (B) any rule adopted under this chapter; 

or 

 (C) any final order made by the board, 

the director, or the executive director; and 

 (ii) when it appears necessary for the 

protection of health and welfare. 

 (b) The attorney general shall bring 

injunctive relief actions on request. 

 (c) A bond is not required.

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

board -- Duties of attorney general and 

county attorneys. 

 (1) The attorney general is the legal 

advisor to the board and the director and shall 

defend them or any of them in all actions or 

proceedings brought against them or any of 

them. 

 (2) The county attorney in the county in 

which a cause of action arises may, upon request 

of the board or the director, bring any action, 

civil or criminal, to abate a condition which 

exists in violation of, or to prosecute for the 

violation of or to enforce, this chapter or the 

standards, orders, or rules of the board or the 

director issued under this chapter. 

 (3) The director may bring any action 

and be represented by the attorney general. 

 (4) In the event any person fails to 

comply with a cease and desist order of the 

board or the director that is not subject to a stay 

pending administrative or judicial review, the 

director may initiate an action for, and is entitled 

to, injunctive relief to prevent any further or 

continued violation of the order.

19-2-118. Violation of injunction evidence of 

contempt. 

 Failure to comply with the terms of any 

injunction issued under this chapter is prima 

facie evidence of contempt which is punishable 

as for other civil contempts.

19-2-119. Civil or criminal remedies not 

excluded -- Actionable rights under chapter --

No liability for acts of God or other 

catastrophes. 

(1) Existing civil or criminal remedies 

for any wrongful action which is a violation of 

any part of the law are not excluded by this 

chapter. 

 (2) Persons other than the state or the 

C - 19
board do not acquire actionable rights by virtue 

of this chapter. 

 (3) The liabilities imposed for violation 

of this chapter are not imposed for any violation 

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

other catastrophe.

19-2-120. Information required of owners or 

operators of air contaminant sources. 

 The owner or operator of any stationary 

air contaminant source in the state shall furnish 

to the director the reports required by rules made 

in accordance with Section 19-2-104 and any 

other information the director finds necessary to 

determine whether the source is in compliance 

with state and federal regulations and standards. 

The information shall be correlated with 

applicable emission standards or limitations and 

shall be available to the public during normal 

business hours at the office of the division.

19-2-121. Ordinances of political subdivisions 

authorized. 

 Any political subdivision of the state 

may enact and enforce ordinances to control air 

pollution that are consistent with this chapter.

19-2-122. Cooperative agreements between 

political subdivisions and department. 

 (1) Any political subdivision of the 

state may enter into and perform with other 

political subdivisions of the state or with the 

department contracts and agreements as they 

find proper for establishing, planning, operating, 

and financing air pollution programs. 

 (2) The agreements may provide for an 

agency to: 

 (a) supervise and operate an air 

pollution program; 

 (b) prescribe, subject to the approval of 

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

 (c) fix the compensation of the agency's 

members and employees.

19-2-123. Tax relief to encourage investment 

in facilities -- Sales and use tax exemption. 

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

to encourage, through tax relief, investment in 

pollution control and pollution elimination 

facilities while at the same time making and 

keeping the state an attractive location for 

continued industrial development, including the 

expansion of existing plants, thereby increasing 

employment and payrolls and upgrading the 

natural resources of the state. 

 (2) All materials and equipment 

purchased, leased, or otherwise procured and 

services utilized for the construction or 

installation in a pollution control facility are 

exempt from sales and use taxes imposed by 

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

upon obtaining a certification of pollution 

control facility from the board.

19-2-124. Application for certification of 

pollution control facility -- Refunds --

Interest. 

(1) (a) A person who qualifies under 

Subsection (2) may apply to the board for 

certification of a pollution control facility or 

facilities erected, constructed, or installed, or to 

be erected, constructed, or installed in the state 

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

30, 2009. 

 (b) The person may file the application 

at any time after a firm construction contract has 

been entered or construction has commenced. 

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

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

business that uses property in the state requiring 

a pollution control facility to prevent or 

minimize pollution or a person who, as a lessee 

or pursuant to an agreement, conducts the trade 

or business that operates or uses the property. 

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

"owner" includes a contract purchaser. 

 (b) The facility shall be owned, 

operated, or leased during a part of the tax year 

in which the exemption is claimed. 

 (c) A person who obtains certification 

C - 20
for a pollution control facility may claim an 

exemption from sales and use taxes as provided 

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

the time period beginning on or after July 1, 

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

 (d) A person who pays a tax under Title 

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

purchase of tangible personal property or 

services used in the construction of or 

incorporated into a pollution control facility that: 

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

125, may obtain a refund of the tax if: 

 (A) the board subsequently certifies the 

pollution control facility; 

 (B) the tangible personal property or 

services meet the requirements for exemption 

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

104(11), except for the certification requirement; 

and 

 (C) the person files a claim for the 

refund with the State Tax Commission within 

the lesser of: 

 (I) three years after the day on which 

the pollution control facility is certified under 

Section 19-2-125; or 

 (II) six years after the day on which the 

person pays the tax under Title 59, Chapter 12, 

Sales and Use Tax Act; or 

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

may obtain a refund of the tax if: 

 (A) the tangible personal property or 

services meet the requirements for exemption 

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

104(11); and 

 (B) the person files a claim for the 

refund with the State Tax Commission within 

three years after the day on which the person 

pays the tax under Title 59, Chapter 12, Sales 

and Use Tax Act. 

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

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

on a purchase of tangible personal property or 

services used in the construction of or 

incorporated into a pollution control facility that 

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

time of the purchase: 

 (A) within 180 days after the day on 

which the board certifies the pollution control 

facility, interest shall accrue to the amount of the 

refund granted by the State Tax Commission: 

 (I) at the rate prescribed in Section 59-

1-402; and 

 (II) beginning on the day on which the 

person pays the tax under Title 59, Chapter 12, 

Sales and Use Tax Act, for which the person is 

claiming a refund; or 

 (B) more than 180 days after the day on 

which the board certifies the pollution control 

facility, interest shall be added to the amount of 

the refund granted by the State Tax 

Commission: 

 (I) at the rate prescribed in Section 59-

1-402; and 

 (II) beginning 30 days after the day on 

which the person files the claim for a refund 

under Subsection (2)(d). 

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

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

purchase of tangible personal property or 

services used in the construction of or 

incorporated into a pollution control facility that 

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

of the purchase, interest shall accrue to the 

amount of the refund granted by the State Tax 

Commission: 

 (A) at the rate prescribed in Section 59-

1-402; and 

 (B) beginning 30 days after the day on 

which the person files a claim for a refund under 

Subsection (2)(d). 

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

format prescribed by the board, contain a 

description of the facilities and materials 

incorporated in them, the machinery and 

equipment, the existing or proposed operational 

procedure, and a statement of the purpose of 

pollution prevention, control, or reduction 

served or to be served by the facility. 

 (b) The board may require any further 

information it finds necessary before issuance of 

a certificate.

19-2-125. Action on application for 

certification. 

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

with the State Tax Commission, finds that a 

pollution control facility or a part of a pollution 

control facility, for which application is made 

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

constructed, acquired, or installed on or after 

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

is designed and is being operated or will operate 

primarily to prevent, control, or reduce air or 

water pollution, and that the applicant qualifies 

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

the facility. 

 (b) If one or more facilities constitute 

an operational unit, the board may certify those 

facilities under one certificate. 

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

Commission shall act on an application under 

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

filing. 

 (b) Failure of the board and the State 

Tax Commission to timely act constitutes 

automatic acceptance of the application and the 

board shall furnish a certificate to the applicant 

on demand.

19-2-126. Revocation of certification --

Grounds -- Procedure. 

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

the State Tax Commission, may revoke the 

certification issued under Section 19-2-125 of 

any pollution control facility if it finds that the: 

 (i) certification was obtained by fraud 

or gross misrepresentation; or 

 (ii) holder of the certificate has failed 

substantially to operate the facility for the 

purpose of, and to the extent necessary to 

prevent, control, or reduce air or water pollution 

as specified in the certificate. 

 (b) A shutdown of the facility due to 

force majeure, including obsolescence, is not 

cause to revoke certification of any facility. 

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

the revocation by issuing a notice of agency 

action. 

 (b) The holder of the certificate may 

obtain judicial review of the revocation. 

 (c) The revocation is final and 

conclusive unless an appeal is taken. 

 (d) If the revocation is affirmed on 

appeal, revocation is final on the date notice of 

revocation was received by the holder. 

 (3) As soon as a revocation under this 

section is final, the board shall notify the State 

Tax Commission of the revocation. 

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

control facility is revoked, all prior tax relief 

provided to the holder because of the certificate 

is forfeited. 

 (b) The State Tax Commission shall 

collect taxes not paid by the holder because of 

the tax relief provided the holder to the extent 

permitted by the applicable statute of limitations.

19-2-127. Rules for administering 

certification for tax relief. 

 In addition to the powers granted it, the 

board may formulate, amend, or cancel rules 

establishing procedures for processing and 

evaluating applications for certification, 

establishing procedures for the issuance and 

revocation of certificates, and all other matters 

pertaining to the board in administering 

certification for tax relief on pollution control 

facilities.

C - 22
Utah Administrative Rulemaking Act 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

____________________________________________________________________________________________

63G-3-101. Title.

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

Renumbered and Amended by Chapter 382, 2008 General Session 

63G-3-102. Definitions.

 As used in this chapter: 

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

rule under this chapter including: 

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

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

period; 

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

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

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

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

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

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

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

perform other similar actions or duties delegated by law. 

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

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

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

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

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

division and entitled "Utah Administrative Code." 

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

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

 (8) "Effective" means operative and enforceable. 

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

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

division. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 (c) "Rule" does not mean: 

 (i) orders; 

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

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

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

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

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

required by Section 63G-3-201; 

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

63G-3-201(6); or 

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

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

analyze rules. 

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

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

of agency actions. 

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

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

 (1) Each agency shall: 

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

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

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

agency action: 

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

 (b) provides or prohibits a material benefit; 

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

 (d) is explicitly or implicitly authorized by statute. 

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

or federal legal mandate. 

 (4) Rulemaking is not required when: 

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

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

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

state education institution; 

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

of governmental entities supervised under statute; 

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

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

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

all nonsubstantive changes in a rule with the division. 

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

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

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

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

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

Subsection (5)(a) when: 

 (i) authorized by a specific state statute; 

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

obtain or maintain primacy over a federal program; or 

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

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

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

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

announced in its cases. 

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

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

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

nationally recognized organization or association; 

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

participation in the federal program; 

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

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

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

expensive to reproduce in the administrative code. 

 (b) Rules incorporating materials by reference shall: 

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

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

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

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

agency deviations from it. 

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

reference by following the rulemaking procedures of this chapter. 

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

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

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

limits prescribed by statute or agency rule. 

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

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

meet legal and constitutional requirements. 

Amended by Chapter 347, 2009 General Session 

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

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

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

accordance with the requirements of this chapter. 

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

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

Renumbered and Amended by Chapter 382, 2008 General Session 

63G-3-301. Rulemaking procedure.

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

rules. 

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

or repealing a rule agencies shall comply with: 

 (a) the requirements of this section; 

 (b) consistent procedures required by other statutes; 

 (c) applicable federal mandates; and 

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

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

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

affected by the agency's rules. 

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

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

language struck out. 

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

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

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

be printed. 

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

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

division. 

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

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

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

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

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

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

businesses; 

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

requirements for small businesses; 

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

businesses; 

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

operational standards required in the proposed rule; and 

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

proposed rule. 

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

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

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

analysis described in Subsection (6). 

 (8) The rule analysis shall contain: 

 (a) a summary of the rule or change; 

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

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

 (d) the anticipated cost or savings to: 

 (i) the state budget; 

 (ii) local governments; 

 (iii) small businesses; and 

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

 (e) the compliance cost for affected persons; 

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

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

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

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

the rule; 

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

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

period; and 

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

businesses. 

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

summary that generally includes the following: 

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

the enacted rule; and 

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

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

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

chapter. 

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

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

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

notice. 

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

public comment on the rule. 

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

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

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

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

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

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

the publication date. 

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

required by the division. 

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

is received by the division. 

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

the bulletin. 

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

not filed with the division within 120 days of publication. 

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

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

rule that is required by state statute. 

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

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

Subsection (13)(c). 

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

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

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

the rulemaking takes effect. 

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

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

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

Amended by Chapter 93, 2009 General Session 

63G-3-302. Public hearings.

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

repeal of a rule during the public comment period. 

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

repeal of a rule if: 

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

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

not fewer than 10 members request a public hearing; and 

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

publication date of the proposed rule. 

 (3) The agency shall hold the hearing: 

 (a) before the rule becomes effective; and 

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

hearing. 

Renumbered and Amended by Chapter 382, 2008 General Session 

63G-3-303. Changes in rules.

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

with the division: 

 (i) the text of the changed rule; and 

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

by Section 63G-3-301. 

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

of the rule being changed. 

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

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

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

the last change in proposed rule. 

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

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

of publication of the last change in proposed rule. 

 (2) If the rule change is nonsubstantive: 

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

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

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

specified in Section 63G-3-301. 

Renumbered and Amended by Chapter 382, 2008 General Session 

63G-3-304. Emergency rulemaking procedure.

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

unless an agency finds that these procedures would: 

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

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

requirements; or 

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

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

section, the agency shall file with the division: 

 (i) the text of the rule; and 

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

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

63G-3-301(4). 

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

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

or any later date designated in the rule. 

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

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

Amended by Chapter 300, 2008 General Session 

Renumbered and Amended by Chapter 382, 2008 General Session 

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

Limited exemption for certain rules.

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

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

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

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

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

outlined in Subsection (3). 

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

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

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

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

enacted and how these provisions authorize or require the rule; 

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

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

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

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

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

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

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

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

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

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

deadline established under Subsection (1). 

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

the anniversary date. 

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

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

indicating the reason for the extension; and 

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

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

C - 30
anniversary date. 

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

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

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

longer enforceable; 

 (b) remove the rule from the code; and 

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

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

63G-3-301 to reenact the rule. 

Amended by Chapter 384, 2012 General Session 

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

Appointment of director.

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

Administrative Rules, to be administered by a director. 

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

the approval of the governor. 

Renumbered and Amended by Chapter 382, 2008 General Session 

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

generally.

 (1) The Division of Administrative Rules shall: 

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

under this chapter; 

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

effective dates; 

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

for public inspection; 

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

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

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

reference to the text maintained by the division; 

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

periodically publish that code and supplements or revisions to it; 

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

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

effective date of each change; 

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

necessary to implement this chapter; 

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

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

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

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

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

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

all other requesting persons and agencies; 

 (l) provide agencies assistance in rulemaking; 

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

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

established in Section 63A-1-114: 

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

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

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

and hearing procedures. 

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

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

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

organization, numbering, and wording; 

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

numbering, referencing, and wording; 

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

rule, or title; 

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

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

rule or section made effective by an agency. 

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

concurrence of the agency: 

 (a) eliminate duplication within rules; 

 (b) eliminate obsolete and redundant words; and 

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

of the subject matter of rules. 

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

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

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

 (a) the affected code citation; 

 (b) a brief description of the change; and 

 (c) the date the change was made. 

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

nonlapsing. 

Amended by Chapter 341, 2010 General Session 

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

Administrative Code.

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

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

to the requirements of this section. 

 (2) The division may: 

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

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

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

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

the agency. 

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

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

 (b) eliminating duplication; 

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

of the subject matter of rules; 

 (d) eliminating all obsolete or redundant words; 

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

numbering, referencing, and wording; 

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

rule, or title; 

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

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

rule or section made effective by an agency. 

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

publish in the bulletin: 

 (i) notice of the code reenactment; 

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

comment on the proposed reenactment of the code; 

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

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

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

proposed reenactment, each agency shall: 

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

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

 (B) in an electronic version; and 

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

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

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

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

charge to: 

 (a) state-designated repositories in Utah; 

 (b) the Administrative Rules Review Committee; and 

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

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

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

publication date required by this section. 

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

for a review of all agency rules. 

Amended by Chapter 300, 2008 General Session 

Renumbered and Amended by Chapter 382, 2008 General Session 

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

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

members and four ex officio members. 

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

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

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

same political party. 

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

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

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

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

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

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

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

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

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

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

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

committee. 

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

for the transaction of business at any meeting. 

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

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

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

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

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

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

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

political subdivisions; and 

 (iv) their impact on affected persons. 

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

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

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

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

that committee. 

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

statutory construction. 

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

a fiscal note on any rule. 

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

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

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

include any recommendations, including legislative action. 

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

 (i) its findings, if any; and 

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

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

any person affected by the rule who requests the findings. 

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

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

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

the subject of the findings. 

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

member of the Legislature at each regular session. 

 (b) The report shall include: 

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

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

 (iii) any recommendations by the committee for legislation. 

Renumbered and Amended by Chapter 382, 2008 General Session 

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

by governor.

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

are made subject to the provisions of this section. 

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

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

by the Legislature. 

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

if: 

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

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

authority to regulate. 

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

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

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

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

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

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

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

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

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

the Legislature. 

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

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

intent. 

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

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

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

beyond the expiration date. 

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

C - 35
affirmatively states: 

 (i) that the rule is necessary; and 

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

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

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

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

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

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

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

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

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

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

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

Renumbered and Amended by Chapter 382, 2008 General Session 

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

action.

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

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

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

section. 

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

repeal of a rule. 

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

submission, consideration, and disposition. 

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

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

appropriate to the powers of the agency. 

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

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

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

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

petition on its agenda for review. 

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

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

 (ii) initiate rulemaking proceedings. 

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

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

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

court. 

Renumbered and Amended by Chapter 382, 2008 General Session 

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

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

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

court in Salt Lake County. 

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

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

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

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

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

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

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

administrative remedies if: 

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

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

comment period; 

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

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

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

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

complaint filed under this section shall contain: 

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

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

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

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

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

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

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

 (vi) the relief sought; and 

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

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

the Utah Rules of Civil Procedure. 

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

Civil Procedures. 

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

responsive pleading. 

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

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

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

authority to make the rule; 

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

administrative record; or 

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

 (b) declaring the rule nonapplicable to the petitioner; 

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

procedures or further fact-finding; 

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

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

C - 37
that would cause irreparable harm to the petitioner; or 

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

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

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

agency review under Section 63G-3-601. 

Renumbered and Amended by Chapter 382, 2008 General Session 

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

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

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

the rule. 

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

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

years of the effective date of the challenged action. 

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

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

years of the date the change was made. 

Renumbered and Amended by Chapter 382, 2008 General Session 

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

Judicial notice.

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

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

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

judicial notice of the code and its provisions. 

Renumbered and Amended by Chapter 382, 2008 General Session 

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

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

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

 (b) rules; and 

 (c) sections. 

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

its location in the code. 

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

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

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

correct, current version. 

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Renumbered and Amended by Chapter 382, 2008 General Session

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

R15. Administrative Services, 

Administrative Rules.

R15-1. Administrative Rule 

Hearings.

R15-1-1. Authority.

 (1) This rule 

establishes procedures and 

standards for administrative 

rule hearings as required by 

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

 (2) The procedures of 

this rule constitute the 

minimum requirements for 

mandatory administrative rule 

hearings. Additional 

procedures may be required to 

comply with any other 

governing statute, federal 

law, or federal regulation. 

R15-1-2. Definitions.

 (1) Terms used in this 

rule are defined in Section 

63G-3-102.

(2) In addition:

 (a) "hearing" means an 

administrative rule hearing; 

and

 (b) "officer" means an 

administrative rule hearing 

officer. 

R15-1-3. Purpose.

 (1) The purpose of this 

rule is to provide:

 (a) procedures for 

agency hearings on proposed 

administrative rules or rules 

changes, or on the need for a 

rule or change;

 (b) opportunity for 

public comment on rules; and

 (c) opportunity for 

agency response to public 

concerns about rules. 

R15-1-4. When Agencies Hold 

Hearings.

 (1) Agencies shall hold 

hearings as required by 

Subsection 63G-3-302(2).

 (2) Agencies may hold 

hearings:

 (a) during the public 

comment period on a proposed 

rule, after its publication in 

the bulletin and prior to its 

effective date;

 (b) before initiating 

rulemaking procedures under 

Title 63G, Chapter 3, to 

promote public input prior to 

a rule's publication;

 (c) during a regular or 

extraordinary meeting of a 

state board, council, or 

commission, in order to avoid 

separate and additional 

meetings; or

 (d) to hear any public 

petition for a rule change as 

provided by Section 63G-3-601.

 (3) Voluntary hearings, 

as described in this section, 

follow the procedures 

prescribed by this rule or any 

other procedures the agency 

may provide by rule.

 (4) Mandatory hearings, 

as described in this section, 

follow the procedures 

prescribed by this rule and 

any additional requirements of 

state or federal law.

 (5) If an agency holds a 

mandatory hearing under the 

procedures of this rule during 

the public comment period 

described in Subsection 63G-3-

301(6), no second hearing is 

required for the purpose of 

comment on the same rule or 

change considered at the first 

hearing. 

R15-1-5. Hearing Procedures.

 (1) Notice.

 (a) An agency shall 

provide notice of a hearing 

by:

 (i) publishing the 

hearing date, time, place, and 

subject in the bulletin;

 (ii) mailing copies of 

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

the notice directly to persons 

who have petitioned for a 

hearing or rule changes under 

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

601, respectively; and

 (iii) posting for at 

least 24 hours in a place in 

the agency's offices which is 

frequented by the public.

 (b) If a rules hearing 

becomes mandatory after the 

agency has published the 

proposed rule in the bulletin, 

the agency shall notify in 

writing persons requesting the 

hearing of the time and place.

 (c) An agency may 

provide additional notice of a 

hearing, and shall give 

further notice as may 

otherwise be required by law.

(2) Hearing Officer.

 (a) The agency head 

shall appoint as hearing 

officer a person qualified to 

conduct fairly the hearing.

 (b) No restrictions 

apply to this appointment 

except the officer shall know 

rulemaking procedure.

 (c) However, if a state 

board, council, or commission 

is responsible for agency 

rulemaking, and holds a 

hearing, a member or the 

body's designee may be the 

hearing officer.

 (3) Time. The officer 

shall open the hearing at the 

announced time and place and 

permit comment for a minimum 

of one hour. The hearing may 

be extended or continued to 

another day as necessary in 

the judgment of the officer.

(4) Comment.

 (a) At the opening of 

the hearing, the officer shall 

explain the subject and 

purpose of the hearing and 

invite orderly, germane 

comment from all persons in 

attendance. The officer may 

set time limits for speakers 

and shall ensure equitable use 

of time.

 (b) The agency shall 

have a representative at the 

hearing, other than the 

officer, who is familiar with 

the rule at issue and who can 

respond to requests for 

information by those in 

attendance.

 (c) The officer shall 

invite written comment to be 

submitted at the hearing or 

after the hearing, within a 

reasonable time. Written 

comment shall be attached to 

the hearing minutes.

 (d) The officer shall 

conduct the hearing as an 

open, informal, orderly, and 

informative meeting. Oaths, 

cross-examination, and rules 

of evidence are not required.

(5) The Hearing Record.

 (a) The officer shall 

cause to be recorded the name, 

address, and relevant 

affiliation of all persons 

speaking at the hearing, and 

cause an electronic or 

mechanical verbatim recording 

of the hearing to be made, or 

make a brief summary, of their 

remarks.

 (b) The hearing record 

consists of a copy of the 

proposed rule or rule change, 

submitted written comment, the 

hearing recording or summary, 

the list of persons speaking 

at the hearing, and other 

pertinent documents as 

determined by the agency.

 (c) The hearing officer 

shall, as soon as practicable, 

assemble the hearing record 

and transmit it to the agency 

for consideration.

 (d) The hearing record 

shall be kept with and as part 

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

of the rule's administrative 

record in a file available at 

the agency offices for public 

inspection.

R15-1-8. Decision on an Issue 

Regarding Rulemaking 

Procedure.

 (1) When a hearing issue 

requires a decision regarding 

rulemaking procedure, the 

officer shall submit a written 

request for a decision to the 

director as soon as 

practicable after, or after 

recessing, the hearing, as 

provided in Section R15-5-6. 

The director shall reply to 

the agency head as provided in 

Subsection R15-5-6(2). The 

director's decision shall be 

included in the hearing 

record.

R15-1-9. Appeal and Judicial 

Review.

 (1) Persons may appeal 

the decision of the agency 

head or the division by 

petitioning the district court 

for judicial review as 

provided by law. 

KEY: administrative law, 

government hearings

Date of Enactment or Last 

Substantive Amendment: June 

1, 1996

Notice of Continuation: 

September 21, 2010

Authorizing, and Implemented 

or Interpreted Law: 63G-3-402

R15. Administrative Services, 

Administrative Rules.

R15-2. Public Petitioning for 

Rulemaking.

R15-2-1. Authority.

 As required by Subsection 

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

prescribes the form and 

procedures for submission, 

consideration, and disposition 

of petitions requesting the 

making, amendment, or repeal 

of an administrative rule.

R15-2-2. Definitions.

 (1) Terms used in this 

rule are defined in Section 

63G-3-102.

 (2) Other terms are 

defined as follows:

(a) "rule change" means:

(i) making a new rule;

(ii) amending, 

repealing, or repealing and 

reenacting an existing rule;

 (iii) amending a 

proposed rule further by 

filing a change in proposed 

rule under the provisions of 

Section 63G-3-303;

 (iv) allowing a proposed 

(new, amended, repealed, or 

repealed and reenacted) rule 

or change in proposed rule to 

lapse; or

 (v) any combination of 

the above.

 (b) "petitioner" means 

an interested person who 

submits a petition to an 

agency pursuant to Section 

63G-3-601 and this rule.

R15-2-3. Petition Procedure.

 (1) The petitioner shall 

send the petition to the head 

of the agency authorized by 

law to make the rule change 

requested.

 (2) The agency receiving 

the petition shall record the 

date it received the petition.

R15-2-4. Petition Form.

The petition shall: 

 (a) be clearly 

designated "petition for a 

rule change";

 (b) state the 

petitioner's name;

 (c) state the 

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

petitioner's interest in the 

rule, including relevant 

affiliation, if any;

 (d) include a statement 

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

requested rule change;

 (e) state the 

approximate wording of the 

requested rule change;

 (f) describe the reason 

for the rule change;

 (g) include an address, 

an E-mail address when 

available, and telephone where 

the petitioner can be reached 

during regular business hours; 

and

 (h) be signed by the 

petitioner.

R15-2-5. Petition 

Consideration And Disposition.

 (1) The agency head or 

designee shall:

 (a) review and consider 

the petition;

 (b) write a response to 

the petition stating:

 (i) that the petition is 

denied and reasons for denial, 

or

 (ii) the date when the 

agency is initiating a rule 

change consistent with the 

intent of the petition; and

 (c) send the response to 

the petitioner within the time 

frame provided by Section 63G3-601.

 (2) The petitioned 

agency may, within the time 

frame provided by Section 63G3-601, interview the 

petitioner, hold a public 

hearing on the petition, or 

take any action the agency, in 

its judgment, deems necessary 

to provide the petition due 

consideration.

 (3) The agency shall 

retain the petition and a copy 

of the agency's response as 

part of the administrative 

record.

 (4) The agency shall 

mail copies of its decision to 

all persons who petitioned for 

a rule change.

KEY: administrative law, open 

government, transparency

Date of Enactment or Last 

Substantive Amendment: 

December 25, 2006

Notice of Continuation: 

September 21, 2010

Authorizing, and Implemented 

or Interpreted Law: 63G-3-601

R15. Administrative Services, 

Administrative Rules.

R15-3. Definitional 

Clarification of 

Administrative Rule.

R15-3-1. Authority, Purpose, 

and Definitions.

 (1) This rule is 

authorized under Subsection 

63G-3-402(1) which requires 

the division to administer the 

Utah Administrative Rulemaking 

Act, Title 63G, Chapter 3.

 (2) This rule clarifies 

when rulemaking is required, 

and requirements for 

incorporation by reference 

within rules.

 (3) Terms used in this 

rule are defined in Section 

63G-3-102.

R15-3-2. Agency Discretion.

 (1) A rule may restrict 

agency discretion to prevent 

agency personnel from 

exceeding their scope of 

employment, or committing 

arbitrary action or 

application of standards, or 

to provide due process for 

persons affected by agency 

actions.

 (2) A rule may authorize 

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

agency discretion that sets 

limits, standards, and scope 

of employment within which a 

range of actions may be 

applied by agency personnel. 

A rule may also establish 

criteria for granting 

exceptions to the standards or 

procedures of the rule when, 

in the judgment of authorized 

personnel, documented 

circumstances warrant.

 (3) An agency may have 

written policies which broadly 

prescribe goals and 

guidelines. Policies are not 

rules unless they meet the 

criteria for rules set forth 

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

 (4) Within the limits 

prescribed by Sections 63G-3-

201 and 63G-3-602, an agency 

has full discretion regarding 

the substantive content of its 

rules. The division has 

authority over nonsubstantive 

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

403(2) and (3), rulemaking 

procedures, and the physical 

format of rules for 

compilation in the Utah 

Administrative Code.

R15-3-3. Use of Incorporation 

by Reference in Rules.

 (1) An agency 

incorporating materials by 

reference as permitted under 

Subsection 63G-3-201(7) shall 

comply with the following 

standards:

 (a) The rule shall state 

specifically that the cited 

material is "incorporated by 

reference."

 (b) If the material 

contains options, or is 

modified in its application, 

the options selected and 

modifications made shall be 

stated in the rule.

 (c) If the incorporated 

material is substantively 

changed at a later time, and 

the agency intends to enforce 

the revised material, the 

agency shall amend its rule 

through rulemaking procedures 

to incorporate by reference 

any applicable changes as soon 

as practicable.

 (d) In accordance with 

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

agency shall describe 

substantive changes that 

appear in the materials 

incorporated by reference as 

part of the "summary of rule 

or change" in the rule 

analysis.

 (2) An agency shall 

comply with copyright 

requirements when it provides 

the division a copy of 

material incorporated by 

reference.

R15-3-4. Computer-Prohibited 

Material.

 (1) All rules shall be 

in a format that permits their 

compatibility with the 

division's computer system and 

compilation into the Utah 

Administrative Code.

 (2) Rules may not 

contain maps, charts, graphs, 

diagrams, illustrations, 

forms, or similar material.

 (3) The division shall 

issue and provide to agencies 

instructions and standards for 

formatting rules.

R15-3-5. Statutory Provisions 

that Require Rulemaking 

Pursuant to Subsection 63G-3-

301(13).

 For the purposes of 

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

phrase "statutory provision 

that requires the rulemaking" 

means a state statutory 

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

provision that explicitly 

mandates rulemaking.

KEY: administrative law

Date of Enactment or Last 

Substantive Amendment: April 

30, 2007

Notice of Continuation: 

September 21, 2010

Authorizing, and Implemented 

or Interpreted Law: 63G-3-

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

R15. Administrative Services, 

Administrative Rules.

R15-4. Administrative 

Rulemaking Procedures.

R15-4-1. Authority and 

Purpose.

 (1) This rule 

establishes procedures for 

filing and publication of 

agency rules under Sections 

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

Subsection 63G-3-402(1).

 (2) The procedures of 

this rule constitute minimum 

requirements for rule filing 

and publication. Other 

governing statutes, federal 

laws, or federal regulations 

may require additional rule 

filing and publication 

procedures.

R15-4-2. Definitions.

 (1) Terms used in this 

rule are defined in Section 

63G-3-102.

 (2) Other terms are 

defined as follows:

 (a) "Anniversary date" 

means the date that is five 

years from the original 

effective date of the rule, or 

the date that is five years 

from the date the agency filed 

with the division the most 

recent five-year review 

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

 (b) "Digest" means the 

Utah State Digest that 

summarizes the content of the 

bulletin as required by 

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

 (c) "Codify" means the 

process of collecting and 

arranging administrative rules 

systematically in the Utah 

Administrative Code, and 

includes the process of 

verifying that each amendment 

was marked as required under 

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

 (d) "Compliance cost" 

means expenditures a regulated 

person will incur if a rule or 

change is made effective;

 (e) "Cost" means the 

aggregated expenses persons as 

a class affected by a rule 

will incur if a rule or change 

is made effective;

 (f) "eRules" means the 

Division's administrative rule 

filing application that 

agencies use to file rules and 

notices;

(g) "Savings" means:

 (i) an aggregated 

monetary amount that will no 

longer be incurred by persons 

as a class if a rule or change 

is made effective;

 (ii) an aggregated 

monetary amount that will be 

refunded or rebated if a rule 

or change is made effective;

 (iii) an aggregated 

monetary amount of anticipated 

revenues to be generated for 

state budgets, local 

governments, or both if a rule 

or change is made effective; 

or

 (iv) any combination of 

these aggregated monetary 

amounts.

 (h) "Unmarked change" 

means a change made to rule 

text that was not marked as 

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

required by Subsection 63G-3-

301(2)(b).

R15-4-3. Publication Dates 

and Deadlines.

 (1) For the purposes of 

Subsections 63G-3-301(2) and 

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

file its rule and rule 

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

the fifteenth day of the month 

for publication in the 

bulletin and digest issued on 

the first of the next month, 

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

first day of the month for 

publication on the fifteenth 

of the same month.

 (a) If the first or 

fifteenth day is a Saturday, 

or a Tuesday, Wednesday, 

Thursday, or Friday holiday, 

the agency shall file the rule 

and rule analysis by 11:59:59 

p.m. on the previous regular 

business day.

 (b) If the first or 

fifteenth day is a Sunday or 

Monday holiday, the agency 

shall file the rule and rule 

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

the next regular business day.

 (2) For all purposes, 

the official date of 

publication for the bulletin 

and digest shall be the first 

and fifteenth days of each 

month.

R15-4-4. Thirty-day Comment 

Period for a Proposed Rule and 

a Change in Proposed Rule.

 (1) For the purposes of 

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

303, "30 days" shall be 

computed by:

 (a) counting the day 

after publication of the rule 

as the first day; and

 (b) counting the 

thirtieth consecutive day 

after the day of publication 

as the thirtieth day, unless

 (c) the thirtieth 

consecutive day is a Saturday, 

Sunday, or holiday, in which 

event the thirtieth day is the 

next regular business day.

R15-4-5a. Notice of the 

Effective Date for a Proposed 

Rule.

 (1)(a) Pursuant to 

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

expiration of the comment 

period designated on the rule 

analysis and filed with the 

rule, and before expiration of 

120 days after publication of 

a proposed rule, the agency 

proposing the rule shall 

notify the division of the 

date the rule is to become 

effective and enforceable.

 (b) The agency shall 

notify the division after 

determining that the proposed 

rule, in the form published, 

shall be the final form of the 

rule, and after informing the 

division of any nonsubstantive 

changes in the rule as 

provided for in Section R15-4-

6.

 (2)(a) The agency shall 

notify the division by filing 

with the division a Notice of 

Effective Date form using 

eRules.

 (b) If the eRules Notice 

of Effective Date form is 

unavailable to the agency, the 

agency may notify the division 

by any other form of written 

communication clearly 

identifying the proposed rule, 

stating the date the rule was 

filed with the division or 

published in the bulletin, and 

stating its effective date.

 (3) The date designated 

as the effective date shall 

be:

 (a) at least seven days 

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

after the comment period 

specified on the rule 

analysis; or

 (b) if the agency 

formally extends the comment 

period for a proposed rule by 

publishing a subsequent notice 

in an issue of the bulletin, 

at least seven days after the 

extended comment period.

 (4) The division shall 

publish notice of the 

effective date in the next 

issue of the bulletin. There 

is no publication deadline for 

a notice of effective date for 

a proposed rule, nor 

requirement that it be 

published prior to the 

effective date.

R15-4-5b. Notice of the 

Effective Date for a Change in 

Proposed Rule.

 (1)(a) Upon expiration 

of the 30-day period required 

by Section 63G-3-303, and 

before expiration of the 120th 

day after publication of a 

change in proposed rule, the 

agency promulgating the rule 

shall notify the division of 

the date the rule is to become 

effective and enforceable.

 (b) The agency shall 

notify the division after 

determining that the rule text 

as published is the final form 

of the rule, and after 

informing the division of any 

nonsubstantive changes in the 

rule as provided for in 

Section R15-4-6.

 (2)(a) The agency shall 

notify the division by filing 

with the division a Notice of 

Effective Date form using 

eRules.

 (b) If the eRules Notice 

of Effective Date form is 

unavailable to the agency, the 

agency may notify the division 

by any other form of written 

communication clearly 

identifying the change in 

proposed rule and any rules 

upon which the change in 

proposed rule is dependent, 

stating the date the rules 

were filed with the division 

or published in the bulletin, 

and stating the effective 

date.

 (3) The date designated 

as the effective date shall 

be:

 (a) at least 30 days 

after the publication date of 

the rule in the bulletin, or

 (b) if the agency 

designated a comment period, 

at least seven days after a 

comment period designated by 

the agency on the rule 

analysis or formally extended 

by publication of a subsequent 

notice in the bulletin.

 (4) The division shall 

publish notice of the 

effective date in the next 

issue of the bulletin. There 

is no publication deadline for 

the notice of effective date 

for a change in proposed rule, 

nor requirement that it be 

published prior to the 

effective date.

R15-4-6. Nonsubstantive 

Changes in Rules.

 (1) Pursuant to 

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

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

purpose of making rule changes 

that are grammatical or do not 

materially affect the 

application or outcome of 

agency procedures and 

standards, agencies shall 

comply with the procedures of 

this section.

 (2) The agency proposing 

a change shall determine if 

the change is substantive or 

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

nonsubstantive according to 

the criteria cited in 

Subsection R15-4-6(1).

 (a) The agency may seek 

the advice of the Attorney 

General or the division, but 

the agency is responsible for 

compliance with the cited 

criteria.

 (3) Without complying 

with regular rulemaking 

procedures, an agency may make 

nonsubstantive changes in:

 (a) proposed rules 

already published in the 

bulletin and digest but not 

made effective, or

 (b) rules already 

effective.

 (4) To make a 

nonsubstantive change in a 

rule, the agency shall:

 (a) notify the division 

by filing with the division 

the form designated for 

nonsubstantive changes;

 (b) include with the 

notice the rule text to be 

changed, with changes marked 

as required by Section R15-4-

9; and

 (c) include with the 

notice the name of the agency 

head or designee authorizing 

the change.

 (5) A nonsubstantive 

change becomes effective on 

the date the division makes 

the change in the Utah 

Administrative Code.

 (6) The division shall 

record the nonsubstantive 

change and its effective date 

in the administrative rules 

register.

R15-4-7. Substantive Changes 

in Proposed Rules.

 (1) Pursuant to Section 

63G-3-303, agencies shall 

comply with the procedures of 

this section when making a 

substantive change in a 

proposed rule.

 (a) The procedures of 

this section apply if:

 (i) the agency 

determines a change in the 

rule is necessary;

 (ii) the change is 

substantive under the criteria 

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

 (iii) the rule was 

published as a proposal in the 

bulletin and digest; and

 (iv) the rule has not 

been made effective under the 

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

5.

 (b) If the rule is 

already effective, the agency 

shall comply with regular 

rulemaking procedures.

 (2) To make a 

substantive change in a 

proposed rule, the agency 

shall file with the division:

 (a) a rule analysis, 

marked to indicate the agency 

intends to change a rule 

already published, and 

describing the change and 

reasons for it; and

 (b) a copy of the 

proposed rule previously 

published in the bulletin 

marked to show only those 

changes made since the 

proposed rule was previously 

published as described in 

Section R15-4-9.

 (3) The division shall 

publish the rule analysis in 

the next issue of the 

bulletin, subject to the 

publication deadlines of 

Section R15-4-3. The division 

may also publish the changed 

text of the rule.

 (4) The agency may make 

a change in proposed rule 

effective by following the 

requirements of Section R15-4-

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

5, or may further amend the 

rule by following the 

procedures of Sections R15-4-6 

or R15-4-7.

R15-4-8. Temporary 120-day 

Rules.

 (1) Pursuant to Section 

63G-3-304, for the purpose of 

filing a temporary rule, an 

agency shall comply with the 

procedures of this section.

 (2) The agency proposing 

a temporary rule shall 

determine if the need for the 

rule complies with the 

criteria of Subsection 63G-3-

304(1).

 (a) The division 

interprets the criteria of 

Subsection 63G-3-304(1) to 

include under "welfare" any 

substantial material loss to 

the classes of persons or 

agencies the agency is 

mandated to regulate, serve, 

or protect.

 (3) The agency shall use 

the same procedures for filing 

and publishing a temporary 

rule as for a permanent rule, 

except:

 (a) the rule shall 

become effective and 

enforceable on the day and 

hour it is recorded by the 

division unless the agency 

designates a later effective 

date on the rule analysis;

 (b) no comment period is 

necessary;

 (c) no public hearing is 

necessary; and

 (d) the rule shall 

expire 120 days after the 

rule's effective date unless 

the filing agency notifies the 

division, on the form or by 

memorandum, of an earlier 

expiration date.

 (4) A temporary rule is 

separate and distinct from a 

rule filed under regular 

rulemaking procedures, though 

the language of the two rules 

may be identical. To make a 

temporary rule permanent, the 

agency shall propose a 

separate rule for regular 

rulemaking.

 (5) When a temporary 

rule and a similar regular 

rule are in effect at the same 

time, any conflict between the 

provisions of the two are 

resolved in favor of the rule 

with the most recent effective 

date, unless the agency 

designates otherwise as part 

of the rule analysis.

 (6) A temporary rule has 

the full force and effect of a 

permanent rule while in 

effect, but a temporary rule 

is not codified in the Utah 

Administrative Code.

R15-4-9. Underscoring and 

Striking Out.

 (1) (a) Pursuant to 

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

agency shall underscore 

language to be added and 

strike out language to be 

deleted in proposed rules.

 (b) Consistent with 

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

agency shall underscore 

language to be added and 

strike out language to be 

deleted in changes in proposed 

rules, 120-day rules, and 

nonsubstantive changes.

 (c) Consistent with 

legislative bill drafting 

technique, the struck out 

language shall be surrounded 

by brackets.

 (2) When an agency 

proposes to make a new rule or 

section, the entire proposed 

text shall be underscored.

 (3)(a) When an agency 

proposes to repeal a complete 

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ADMINISTRATIVE SERVICES 

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

rule it shall include as part 

of the information provided in 

the rule analysis a brief 

summary of the deleted 

language and a brief 

explanation of why the rule is 

being repealed.

 (b) The agency shall 

include with the rule analysis 

a copy of the text to be 

deleted in one of the 

following formats:

 (i) each page annotated 

"repealed in its entirety" or

 (ii) the entire text 

struck out in its entirety and 

surrounded by one set of 

brackets.

 (c) The division shall 

not publish repealed rules 

unless space is available 

within the page limits of the 

bulletin.

 (4) When an agency fails 

to mark a change as described 

in this section, the director 

or his designee may refuse to 

codify the change. When 

determining whether or not to 

codify an unmarked change, the 

director shall consider:

 (a) whether the unmarked 

change is substantive or 

nonsubstantive; and

 (b) if the purpose of 

public notification has been 

adequately served.

 (5) The director's 

refusal to codify an unmarked 

change means that the change 

is not operative for the 

purposes of Section 63G-3-701 

and that the agency must 

comply with regular rulemaking 

procedures to make the change.

R15-4-10. Estimates of 

Anticipated Cost or Savings, 

and Compliance Cost.

 (1) Pursuant to 

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

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

files a proposed rule, change 

in proposed rule, 120-day 

(emergency) rule, or expedited 

rule and provides anticipated 

cost or savings, and 

compliance cost information in 

the rule analysis, the agency 

shall:

 (a) estimate the 

incremental cost or savings 

and incremental compliance 

cost associated with the 

changes proposed by the rule 

or change;

 (b) estimate the 

incremental cost or savings 

and incremental compliance 

cost in dollars, except as 

otherwise provided in 

Subsections R15-4-10(4) and 

(5);

 (c) indicate that the 

amount is either a cost or a 

savings; and

 (d) estimate the 

incremental cost or savings 

expected to accrue to "state 

budgets," "local governments," 

"small businesses," and 

"persons other than small 

businesses, businesses, or 

local governmental entities" 

as aggregated cost or savings;

 (2) In addition, an 

agency may:

 (a) provide a narrative 

description of anticipated 

cost or savings, and 

compliance cost;

 (b) compare anticipated 

cost or savings, and 

compliance cost figures, for 

the rule or change to:

 (i) current budgeted 

costs associated with the 

existing rule,

 (ii) figures reported on 

a fiscal note attached to a 

related legislative bill, or

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

 (3) If an agency chooses 

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ADMINISTRATIVE SERVICES 

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

to provide comparison figures, 

it shall clearly distinguish 

comparison figures from the 

anticipated cost or savings, 

and compliance cost figures.

 (4) If dollar estimates 

are unknown or not available, 

or the obtaining thereof would 

impose a substantial 

unbudgeted hardship on the 

agency, the agency may 

substitute a reasoned 

narrative description of costrelated actions required by 

the rule or change, and 

explain the reason or reasons 

for the substitution.

 (5) If no cost, savings, 

or compliance cost is 

associated with the rule or 

change, an agency may enter 

"none," "no impact," or 

similar words in the rule 

analysis followed by a written 

explanation of how the agency 

estimated that there would be 

no impact, or how the proposed 

rule, or changes made to an 

existing rule does not apply 

to "state budgets," "local 

government," "small 

businesses," "persons other 

than small businesses, 

businesses, or local 

governmental entities," or any 

combination of these.

 (6) If an agency does 

not provide an estimate of 

cost, savings, compliance 

cost, or a reasoned narrative 

description of cost 

information; or a written 

explanation as part of the 

rule analysis in compliance 

with this section, the 

Division may, after making an 

attempt to obtain the required 

information, refuse to 

register and publish the rule 

or change. If the Division 

refuses to register and 

publish a rule or change, it 

shall:

 (a) return the rule or 

change to the agency with a 

notice indicating that the 

Division has refused to 

register and publish the rule 

or change;

 (b) identify the reason 

or reasons why the Division 

refused to register and 

publish the rule or change; 

and

 (c) indicate the filing 

deadlines for the next issue 

of the Bulletin.

KEY: administrative law

Date of Enactment or Last 

Substantive Amendment: August 

24, 2007

Notice of Continuation: 

September 21, 2010

Authorizing, and Implemented 

or Interpreted Law: 63G-3-

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

63G-3-402

R15. Administrative Services, 

Administrative Rules.

R15-5. Administrative Rules 

Adjudicative Proceedings.

R15-5-1. Purpose.

 (1) This rule provides 

the procedures for informal 

adjudicative proceedings 

governing:

 (a) appeal and review of 

a decision by the division not 

to publish an agency's 

proposed rule or rule change 

or not to register an agency's 

notice of effective date; and

 (b) a determination by 

the division whether an agency 

rule meets the procedural 

requirements of Title 63G, 

Chapter 3, the Utah 

Administrative Rulemaking Act.

 (2) The informal 

procedures of this rule apply 

to all other division actions 

for which an adjudicative 

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ADMINISTRATIVE SERVICES 

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

proceeding may be required.

R15-5-2. Authority.

 This rule is required by 

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

203, and is enacted under the 

authority of Subsection 63G-3-

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

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

R15-5-3. Definitions.

 (1) The terms used in 

this rule are defined in 

Section 63G-4-103.

 (2) In addition, 

"digest" means the Utah State 

Digest which summarizes the 

content of the bulletin as 

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

R15-5-4. Refusal to Publish 

or Register a Rule or Rule 

Change.

 (1) The division shall 

not publish a proposed rule or 

rule change when the division 

determines the agency has not 

met the requirements of Title 

63G, Chapter 3, or of Rules 

R15-3 or R15-4.

 (2) The division shall 

not register an agency's 

notice of effective date, nor 

codify the rule or rule change 

in the Utah Administrative 

Code, if the agency exceeds 

the 120-day limit required by 

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

interpreted in Section R15-4-

5.

 (3) The division shall 

notify the agency of a refusal 

to publish or register a rule 

or rule change, and shall 

advise and assist the agency 

in correcting any error or 

omission, and in re-filing to 

meet statutory and regulatory 

criteria.

R15-5-5. Appeal of a Refusal 

to Publish or Register a Rule 

or Rule Change.

 (1) An agency may 

request a review of a division 

refusal to publish or register 

a rule or rule change by 

filing a written petition for 

review with the division 

director.

 (2) The division 

director shall grant or deny 

the petition within 20 days, 

and respond in writing giving 

the reasons for any denial.

 (3) The agency may 

appeal the decision of the 

division director by filing a 

written appeal to the 

Executive Director of the 

Department of Administrative 

Services within 20 days of 

receipt of the division 

director's decision. The 

Executive Director shall 

respond within 20 days 

affirming or reversing the 

division director's decision.

R15-5-6. Determining the 

Procedural Validity of a Rule.

 (1) A person may contest 

the procedural validity, or 

request a determination of 

whether a rule meets the 

requirements of Title 63G, 

Chapter 3, by filing a written 

petition with the division.

 (a) The rule at issue 

may be a proposed rule or an 

effective rule.

 (b) The petition must be 

received by the division 

within the two-year limit set 

by Section 63G-3-603.

 (c) The petition may 

emanate from a rulemaking 

hearing as in Section R15-1-8.

 (d) The petition shall 

specify the rule or rule 

change at issue and reasons 

why the petitioner deems it 

procedurally flawed or 

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ADMINISTRATIVE SERVICES 

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

invalid.

 (e) The petition shall 

be accompanied by any 

documents the division should 

consider in reaching its 

decision.

 (f) The petition shall 

be signed and designate a 

telephone number where the 

petitioner can be contacted 

during regular business hours.

 (2) The division shall 

respond to the petition in 

writing within 20 days of its 

receipt.

 (a) The division shall 

research all records 

pertaining to the rule or rule 

change at issue.

 (b) The response of the 

division shall state whether 

the rule is procedurally valid 

or invalid and how the agency 

may remedy any defect.

 (c) The division shall 

send a copy of the petition 

and its response to the 

pertinent agency.

 (3) The petitioner may 

request reconsideration of the 

division's findings by filing 

a written request for 

reconsideration with the 

division director.

 (a) The director may 

respond to the request in 

writing.

 (b) If the petitioner 

receives no response within 20 

days, the request is denied.

R15-5-7. Remedies Resulting 

from an Adjudicative 

Proceeding.

 (1) A rule the division 

determines is procedurally 

invalid shall be stricken from 

the Utah Administrative Code 

and notice of its deletion 

published in the next issues 

of the bulletin and digest.

 (2) The division shall 

notify the pertinent agency 

and assist the agency in refiling or otherwise remedying 

the procedural omission or 

error in the rule.

 (3) A rule the division 

determines is procedurally 

valid shall be published and 

registered promptly.

KEY: administrative 

procedures, administrative law

Date of Enactment or Last 

Substantive Amendment: June 

1, 1996

Notice of Continuation: 

September 22, 2010

Authorizing, and Implemented 

or Interpreted Law: 63G-3-

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

63G-4-503

C - 53

Proposed Rule

R307-302 December 4, 2013 Page 1 of 3

R307. Environmental Quality, Air Quality.

R307-302. Solid Fuel Burning Devices in Box Elder, Cache, Davis, 

Salt Lake, Tooele, Utah, and Weber Counties.

R307-302-1. Purpose and Definitions.

 (1) R307-302 establishes emission standards for[ residential] 

fireplaces and solid fuel burning devices used in residential and 

associated outbuildings. 

(2) The following additional definitions apply to R307-302:

 "Sole source of heat" means the [residential] solid fuel burning 

device is the only available source of heat for the entire residence, 

except for small portable heaters.

 "Solid fuel burning device" means any device used for burning 

wood, coal, or any other nongaseous and non-liquid fuel, both indoors 

and outdoors, [including, but not limited to, wood stoves, ]but 

excluding outdoor wood boilers, which are regulated under R307-208.

R307-302-2. Applicability.

 (1) R307-302-3 and R307-302-6 shall apply in PM10 and PM2.5 

nonattainment and maintenance areas as defined in 40 CFR 81.345 (July 

1, 2011) and geographically described as all regions of Salt Lake 

and Davis counties; all portions of the Cache Valley; all regions 

in Weber and Utah counties west of the Wasatch mountain range; in 

Box Elder County, from the Wasatch mountain range west to the 

Promontory mountain range and south of Portage; and in Tooele County, 

from the northernmost part of the Oquirrh mountain range to the 

northern most part of the Stansbury mountain range and north of Route 

199.

 (2) R307-302-4 shall apply only within the city limits of Provo 

in Utah County.

 (3) R307-302-5 shall apply in all portions of Box Elder, Cache, 

Davis, Salt Lake, Tooele, Utah and Weber counties.

R307-302-3. No-Burn Periods for Fine Particulate.

 (1) By June 1, 2013, sole sources of residential heating using 

solid fuel burning devices must be registered with the director in 

order to be exempt during mandatory no-burn periods.

 (2) When the ambient concentration of PM10 measured by the 

monitors in Salt Lake, Davis, Weber, or Utah counties reaches the 

level of 120 micrograms per cubic meter and the forecasted weather 

for the specific area includes a temperature inversion which is 

predicted to continue for at least 24 hours, the director will issue 

a public announcement and will distribute such announcement to the 

local media notifying the public that a mandatory no-burn period for 

[residential ]solid fuel burning devices and fireplaces is in effect. 

The mandatory no-burn periods will only apply to those areas or 

counties impacting the real-time monitoring site registering the 120 

micrograms per cubic meter concentration. Residents of the affected 

areas shall not use [residential ]solid fuel burning devices or 

fireplaces except those that are the sole source of heat for the entire 

residence and registered with the director.

 (3) PM10 Contingency Plan. If the PM10 Contingency Plan 

described in Section IX, Part A, of the State Implementation Plan 

P - 1
R307-302 December 4, 2013 Page 2 of 3

has been implemented, the trigger level for no-burn periods as 

specified in R307-302-3(2) will be 110 micrograms per cubic meter 

for that area where the PM10 Contingency Plan has been implemented. 

 (4) When the ambient concentration of PM2.5 measured by monitors 

in Box Elder, Cache, Davis, Salt Lake, Tooele, Utah or Weber counties 

are forecasted to reach or exceed 25 micrograms per cubic meter, the 

director will issue a public announcement to provide broad 

notification that a mandatory no-burn period for [residential ]solid 

fuel burning devices and fireplaces is in effect. The mandatory no-burn 

periods will only apply to those counties identified by the director. 

Residents within the geographical boundaries described in 

R307-302-2(1) shall not use [residential ]solid fuel burning devices 

or fireplaces except those that are the sole source of heat for the 

entire residence and registered with the director.

 (5) PM2.5 Contingency Plan. If the PM2.5 contingency plan of 

the State Implementation Plan has been implemented, the trigger level 

for no-burn periods as specified in R307-302-3(4) shall be 15 

micrograms per cubic meter for the area where the PM2.5 contingency 

plan has been implemented.

R307-302-4. No-Burn Periods for Carbon Monoxide.

 (1) Beginning on November 1 and through March 1, the director 

will issue a public announcement and will distribute such announcement 

to the local media notifying the public that a mandatory no-burn period 

for [residential ]solid fuel burning devices and fireplaces is in 

effect when the running eight-hour average carbon monoxide 

concentration as monitored by the state at 4:00 PM reaches a value 

of 6.0 ppm or more.

 (2) In addition to the conditions contained in R307-302-4(1), 

the director may use meteorological conditions to initiate a no-burn 

period. These conditions are:

(a) A national weather service forecasted clearing index value 

of 250 or less;

(b) Forecasted wind speeds of three miles per hour or less;

 (c) Passage of a vigorous cold front through the Wasatch Front; 

or

(d) Arrival of a strong high pressure system into the area.

 (3) During the no-burn periods specified in R307-302-4(1) and 

(2), residents of Provo City shall not use [residential ]solid fuel 

burning devices or fireplaces except those that are the sole source 

of heat for the entire residence and are registered with the director 

or the local health district office.

R307-302-5. Opacity for Residential Heating.

 Except during no-burn periods as required by R307-302-3 and 4, 

visible emissions from [residential ]solid fuel burning devices and 

fireplaces shall be limited to a shade or density no darker than 20% 

opacity as measured by EPA Method 9, except for the following:

(1) An initial fifteen minute start-up period, and

 (2) A period of fifteen minutes in any three-hour period in 

which emissions may exceed the 20% opacity limitation for refueling. 

P - 2
R307-302 December 4, 2013 Page 3 of 3

R307-302-6. Prohibition.

 (1) Beginning September 1, 2013, no person shall sell, offer 

for sale, supply, install, or transfer a wood burning stove that is 

not EPA Phase 2 certified or a fireplace that is not EPA qualified. 

 (2) Ownership of a non EPA Phase 2 certified stove within a 

residential dwelling installed prior to the rule effective date may 

be transferred as part of a real estate transaction, so long as the 

unit remains intact within the real property of sale.

KEY: air pollution, fireplaces, stoves, [residential ]solid fuel 

burning

Date of Enactment or Last Substantive Amendment: [January 1, 2013]2014

Notice of Continuation: June 2, 2010

Authorizing, and Implemented or Interpreted Law: 19-2-101; 19-2-104

P - 3
P - 4
P - 5
P - 6
Comments/Hearing

H - 1
H - 2
H - 3
 

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 

www.deq.utah.gov 

Printed on 100% recycled paper 

State of Utah 

GARY R. HERBERT 

Governor 

SPENCER J. COX 

Lieutenant Governor 

Department of 

Environmental Quality 

Amanda Smith 

Executive Director 

DIVISION OF AIR QUALITY 

Bryce C. Bird 

Director 

DAQ-019-14 

M E M O R A N D U M 

TO: Air Quality Board 

THROUGH: Bryce C. Bird, Executive Secretary 

FROM: Joel Karmazyn, Environmental Scientist 

DATE: February 13, 2014 

SUBJECT: FINAL ADOPTION: Amended R307-302. Solid Fuel Burning Devices in Box Elder, 

Cache, Davis, Salt Lake, Tooele, Utah, and Weber Counties. 

______________________________________________________________________________________ 

On December 4, 2013, the Board proposed for public comment an amendment to R307-302 to amend the 

term “solid fuel burning device” in R307-302 because it conflicts with the definition of “residential solid 

fuel burning device” used in R307-101-2. 

The term “solid fuel burning device” is defined in R307-302-1, but throughout that rule it is used in 

conjunction with the word “residential,” which creates a conflict with the definition contained in R307-

101-2. To correct this conflict, the Board proposed to strike out the word “residential” when it preceded 

the term “solid fuel burning device” in R307-302. 

Because of questions as to whether the burn ban applies to outdoor solid fuel burning in residential 

settings, the proposed amendments to R307-302-1 also clarify that the rule applies in both indoor and 

outdoor residential settings. 

Public Comments 

The public comment period was held from January 1 to January 31, 2014. Two commenters provided 

comments during the comment period; however, none of the comments address the proposed amendments. 

1. Becky Rathke, on behalf of the Urban Walk-In Center, requested an exemption of the burning 

restriction for burning wood for religious ceremonial practices in their sweat lodge. The Urban WalkIn Center has thus far conducted ceremonies during non-restricted days. 

DAQ Response: Open burning that is conducted in the sweat lodge is regulated under R307-202, the 

H - 4
DAQ-019-14 

Page 2 

General Burning rule and not R307-302. R307-202-8, Special Conditions, allows open burning for 

“special purposes,” consistent with ceremonial practices; therefore, sweat lodge open burning may be 

exempted from burning restrictions. 

2. Linda Johnson opposes the transfer of ownership of non-certified wood stoves during a real estate 

transfer as per R307-302-6(2). 

DAQ Response: The removal of non-certified wood stoves during real estate transfers was raised 

during a recent wood smoke workshop. This option did not garner strong support from the workshop 

participants and was opposed by the Utah Real Estate Association. The development of such a 

requirement may be considered as the Board assesses the findings from the workshop and determines 

how to best implement those findings. 

Staff Recommendation: Staff recommends the Board adopt R307-302 as proposed. 

H - 5

Effective Rule

R307-302

DAR No. 38166 AMD

Effective March 6,2014

E - 1
R307. Environmental Quality, Air Quality.

R307-302. Solid Fuel Burning Devices in Box Elder, Cache,

Davis, Salt Lake, Tooele, Utah, and Weber Counties.

Ri07-302-1. Purpose and Definitions. (l) R307-302 establishes emission standards for

fireplaces and solid fuel buming devices used in residential and

associated outbuildings.

(2) The following additional definitions apply to

R307-302:

"Sole source of heat" means the solid fuel buming

device is the only available source of heat for the entire

residance, except for small portable heaters.

"Solid fuel buming device" means any device used

for buming wood, coal, or any other nongaseous and non-liquid

fuel, both indoors and outdoors, but excluding outdoor wood

boilers, which are regulated under R307-208.

R307-302-2. Applicability.

(l) R307-302-3 and R307-302{ shall apply in PM10

and PM2.5 nonattainment and maintenance areas as defined in

40 CFR 81.345 (July l,20ll) and geographically described as

all regions ofSalt Lake and Davis counties; all portions ofthe

Cache Valley; all regions in Weber and Utah counties west of

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

Wasatch mountain range west to the Promontory mountain

range and south of Portage; and in Tooele County" from the

northemmost part of the Oquinh mountain range to the norttrem

most part of the Stansbury mountain range and north of Route

199.

(2) p307-3024 shall apply only within the city limits

ofProvo in Utah County.

(3) R307-302-5 shall apply in all portions of Box

Elder, Cache, Davis, Salt Lake, Tooele, Utah and Weber

counties.

R307-302-3. No-Burn Periods for Fine Particulate. (l) By June l, 2013, sole sources of residential

heating using solid fuel buming devices must be registered with

the director in order to be exempt during mandatory no-bum

periods.

(2) When the ambient concentration of PMl0

measured by the monitors in Salt Lake, Davis, Weber, or Utah

counties reaches the level of 120 micrograms per cubic meter

and the forecasted weather for the specific area includes a

temperature inversion which is predicted to continue for at least

24 hours, the director will issue a public announcement and will

distribute such announcement to the local media noti$ing the

public that a mandatory no'bum period for solid fuel buming

devices and fireplaces is in effect. The mandatory no-bum

periods will only apply to those areas or counties impacting the

real-time monitoring site registering the 120 micrograms per

cubic meter concentation. Residents ofthe affected areas shall

not use solid fuel buming devices or fireplaces except those that

are the sole source ofheat for the entire residence and registered

with the director. (3) PMIO Contingency Plan. If the PMl0

Contingency Plan described in Section IX, Pafi A, of the State

Implementation Plan has been implemented, the trigger level for

no.burn periods as specified in R307-302-3(2) will be ll0

micrograms per cubic meter for that area where the PMIO

Contingency Plan has been implemented.

(4) When the ambient concentration of PM2.5

measured by monitors in Box Elder, Cache, Davis, Salt Lake,

Tooele, Utah or Weber counties are forecasted to reach or

exceed 25 micrograms per cubic meter, the director will issue a

public announcement to provide broad notification that a

mandatory no-bum period for solid fuel buming devices and

fireplaces is in effect. The mandatory no-bum periods will only

apply to those counties identified by the director. Residents

within the geographical boundaries described in R307-302-2(l)

shall not use solid fuel buming devices or fireplaces except

those that are the sole source ofheat for the entire residence and

registered with the director. (5) PM2.5 Contingency Plan. If the PM2.5

contingency plan of the State Implementation Plan has been

implemented, the trigger level for no-bum periods as specified

in R307-302-3(a) shall be 15 micrograms per cubic meter for

the area where the PM2.5 contingency plan has been

implemented.

R307-302-4. No-Burn Periods for Carbon Monoxide.

(l) Beginning on November I and through March l,

the director will issue a public announcement and will distribute

such announcement to the local media notiffing the public that

a mandatory no-bum period for solid fuel buming devices and

fireplaces is in effect when the running eight-hour average

carbon monoxide concenhation as monitored by the state at

4:00 PM reaches a value of 6.0 ppm or more.

(2) In addition to ttre conditions contained in R307-

3024(l), the director may use meteorological conditions to

initiate a no-bum period. These conditions are:

(a) A national weather service forecasted clearing

index value of250 or less;

(b) Forecased wind speeds of three miles per hour or

less;

(c) Passage of a vigorous cold front through the

Wasatch Front; or

(d) Anival of a strong high pressure system into the

area-

(3) During the no-bum periods specified in R307-

3024(l) and (2), residents of Provo City shall not use solid fuel

buming devices or fireplaces except those that are the sole

source ofheat for the entire residence and are registered with the

director or the local health district office.

Rt07-302-5. Opacity for Residential Heating.

Except during no-bum periods as required by R307-

302-3 and 4, visible emissions from solid fuel buming devices

and fireplaces shall be limited to a shade or density no darker

than2W/oopacity as measured by EPA Method 9, except for the

following:

(l) An initial fifteen minute start-up period, and

(2) A period of fifteen minutes in any three-hour

period in which emissions may exceed the 20% opacity

limitation for refu eling.

R307-302{. Prohibition. (l) Beginning September 1,2013, no person shall

sell, offer for sale, supply, install, or transfer a wood buming

stove that is not EPA Phase 2 certified or a fireplace that is not

EPA qualified.

(2) Ownership of a non EPA Phase 2 certified stove

within a residential dwelling installed prior to the rule effective

E - 2
date may be transferred as part of a real estate transaction, so

long as the unit remains intact within the real property of sale.

KEY: air pollution, fireplaces, stoves, solid fuel burning

Date of Enactment or Last Substantive Amendment:

March 6,2014

Notice of Continuation: June 2, 2010

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

101; 19-2-104

!-darE - 3
NOTICES OF

RULE EFFECTIVE DATES

State law provides for agencies to make their administrative rules effective and enforceable after publication in the

Utah State Bulletin. ln the case of Pnoposeo RuLEs or Cxffioes rn Pnoposeo Rur-Es with a designated comment period,

the law permits an agency to make a rule effective no fewer than seven calendar days after the close of the public

comment period, nor more than 120 days after the publication date. ln the case of Cxmloes rr,l Pnoposeo Rur-es with

no designated comment period, the law permits an agency to make a rule effective on any date including or after

the thirtieth day after the rule's publication date, but not more than 120 days after the publication date. lf an agency

fails to file a Norce or Errecrvp Drre within 120 days from the publication of a Pnoposeo Rur-e or a related Gmroe rH

Pnoposro Rur-e the rule lapses.

Agencies have notified the Division of Administrative Rules that the rules listed below have been made effective.

Nonces or Errecnve DArE are governed by Subsection 63G-3-301(12), Section 63G-3-303, and Sections R154-5a

and R15-4-5b.

Abbreviations

AMD = Amendment

CPR = Change in Proposed Rule

NEW = New Rule

R&R=Repeal&Reenact

REP = Repeal

Administrative Services

Facilities Construction and Management

No. 38247 (NEW): R23-33. Rules for the Prioritization and

Scoring of Capital lmprovements by the Utah State Building

Board

Published: 0210112014

Effective: 0311012014

Fleet Operations

No. 38073 (AMD): R27-7-3. Driver Eligibility to Operate a

State Vehicle

Published: 1111512013

Effective: 0311112014

Education

Administration

No.38240 (AMD): R277-5O3. Licensing Routes

Published: OAU120'14

Effective: 0311012014

No. 38241 (AMD): R277-518. Career and Technical

Education Licenses

Published: 0210112014

Effective: 0311012014

No. 38242 (NEW): R277-528. Use of Public Education Job

Enhancement Program (PEJEP) Funds

Published: 0210112014

Effective: 03l1OnU4

Environmental Oualitu

Air Quality

No.38104 (AMD): R307-21O-2. Oiland Gas Sector: New

Source Performance Standards

Published: 121A112013

Effective: 0310612014

No. 38105 (AMD): R307-214-3. Oiland Gas Sector:

National Emission Standards for Hazardous Air Pollutants

Published: 1210112013

Effective: O3IOOAOM

Human Services

Child and Family Services

No. 38217 (AMD): R512-43. Adoption Assistance

Published: 0210112014

Effective: 0311012014

lnsurance

Administration

No.38090 (AMD): R590-229. Annuity Disclosure

Published: 1111512013

Effective: 0311112014

No.38090

Published:

Effective:

No.38087

lnsurance

Published:

Effective:

(CPR): R590-229. Annuity Disclosure

02to1t2014

o3t11t2014

(NEW): R590-268. Small Employer Stop-Loss

11t15t2013

o3t13t2014

166 (AMD): R307-302. Solid FuelBurning Devices in

Box Elder, Cache, Davis, Salt Lake, Tooele, Utah and Weber

Counties

Published: 011O112014

Effective: 0310612014

WAH STATE BULLETIN,April0l,2014, Vol. 2014, No. 7 97

E - 4
Certification

I, Mark W. Berger, Rules Coordinator for the Utatr Division of Air Quality, do hereby cefiiry

that the public comment period held to receive comments regarding R307-302 (DAR #38166)

was held in accordance with the information provided in the published public notice and as

defined in Utah Code l9-2-109 and that a public hearing was not held as one was not requested.

R307-302 was adopted by the utah Air Quality Board on March 5,2014.