### 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+-

rbert 

# M.u

Gary R. He
Govemor

Enclosures

# UTAH

Administrative Documentation

R 307

- 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

1 95 N. 1950 Wes t
P.O. Box 144820 Salt Lake City, Utah 84114

- 4820

801

- 536

- 4000



## June 23 , 201 4

# UTAH

ADMINISTRATIVE DOCUMENTATION 

## June 201 4

# R307

- 302
, Solid Fuel Burn i ng Devices in Box Elder, Cache, Davis, S a lt Lake, Tooele, Utah and Weber Counties

A DMINISTRATI VE 

# D OCUMENTATION

Table of Contents

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

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

– 1

Utah Code Title 63 G

, Chapter 3 , Administrative Rulemaking Act

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

– 2 3 Utah Administrative Code, R15, Administrative Rules

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

– 40

Proposed for Public Com ment
R307

- 302 : Text as Proposed

................................ ................................ ................................ ........................ P

– 1

R307

- 302 : DAR Bulletin ( January 1 , 201 4 ) Rule Analysis Form, DAR # 38166

................................ ........... P

– 4

Public Hearing s/Comments

R307

- 302 : DAR Bulletin

– Notice of Public Comment Period

................................ ................................ ..... H

– 1

R307

- 302 : Summary of Public Comments and Re sponses

................................ ................................ ............ H

– 4

Effective Rule

R307

- 302 : Final Text

................................ ................................ ................................ ...................... E

– 1

R307

- 302 : DAR Bulletin ( April 1 , 201 4 ) 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

## Title 19. Environmental

Quality Code. Chapter 2. Air Conservation Act.

19-2-101. Short title

-- Policy of state and purpose of chapter

-- Support of local and regional programs

-- Provision of coordinated statewide program.
(1) This chapter is known as the "Air

Conservation Act." (2) It is the policy of this state and the purpose of this chapter to achieve and maintain levels of air quality which will protect human health and safety, and to the greatest degree practicable, prevent injury to plant and animal life and property, foster the comfort and convenience of the people, promote the economic and social development of this state, and facilitate the enjoyment of the natural

attractions of this state. (3) Local and regional air pollution control programs shall be supported to the extent practicable as essential instruments to secure and maintain appropriate levels of air quality. (4) The purpose of this chapter is to: (a) provide for a coordinated statewide program of air pollution prevention, abatement, and control; (b) provide for an appropriate distribution of responsibilities among the state and local units of government; (c) facilitate cooperation across jurisdictional lines in dealing with problems of air pollution not confined within single jurisdictions; and (d) provide a framework within which air quality may be protected and consideration given to the public interest at all levels of planning and development within the state..

19-2-102. Definitions.
As used in this chapter: (1) "Air contaminant" means any particulate matter or any gas, vapor, suspended solid, or any combination of them, excluding steam and water vapors. (2) "Air contaminant source" means all

sources of emission of air contaminants whether privately or publicly owned or operated. (3) "Air pollution" means the presence

in the ambient air of one or more air contaminants in the quantities and duration and

under conditions and circumstances as is or tends to be injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or use of property, as determined by the rules adopted by the board. (4) "Ambient air" means the surrounding or outside air. (5) "Asbestos" means the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, anthophyllite, and actinolite-tremolite. (6) "Asbestos-containing material" means any material containing more than 1% asbestos, as determined using the method adopted in 40 CFR Part 61, Subpart M, National

Emission Standard for Asbestos. (7) "Asbestos inspection" means an activity undertaken to determine the presence orlocation, or to assess the condition of, asbestoscontaining material or suspected asbestoscontaining material, whether by visual or physical examination, or by taking samples of

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

Board. (b) "Board" means, as used in Sections 19-2-123 through 19-2-126, the Air Quality Board or the Water Quality Board. (9) "Clean school bus" has the same meaning as defined in 42 U.S.C. Sec. 16091. (10) "Director" means the director of the Division of Air Quality. (11) "Division" means the Division of Air Quality, created in Subsection 19-1- 105(1)(a). (12) (a) "Facility" means machinery, equipment, structures, or any part or accessories of them, installed or acquired for the primary purpose of controlling or disposing of air pollution. (b) "Facility" does not include an air conditioner, fan, or other similar facility for thecomfort 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 theboard may not derive any significant portion of

their income from persons subject to permits or orders under this chapter. (5) (a) Members shall be appointed for a term of four years. (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that half of the appointed board is appointed every two years. (c) (i) Notwithstanding Subsection (5)(a), the term of a board member who is appointed before March 1, 2013, shall expire on February 28, 2013. (ii) On March 1, 2013, the governor shall appoint or reappoint board members in

accordance with this section. (6) A member may serve more than

one term. (7) A member shall hold office until the expiration of the member's term and until the member's successor is appointed, but not more than 90 days after the expiration of the member's

term. (8) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term. (9) The board shall elect annually a

chair and a vice chair from its members. (10) (a) The board shall meet at least quarterly. (b) Special meetings may be called by the chair upon the chair's own initiative, upon the request of the director, or upon the request of

three members of the board. (c) Three days' notice shall be given to each member of the board before any meeting. (11) Five members constitute a quorum at any meeting, and the action of a majority of members present is the action of the board. (12) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and

63A-3-107. 19-2-104. Powers of board.
(1) The board may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act: (a) regarding the control, abatement, and prevention of air pollution from all sources and the establishment of the maximum quantity of air contaminants that may be emitted by any air contaminant source; (b) establishing air quality standards; (c) requiring persons engaged in operations which result in air pollution to: (i) install, maintain, and use emission monitoring devices, as the board finds

necessary; (ii) file periodic reports containing information relating to the rate, period of emission, and composition of the air contaminant; and (iii) provide access to records relating

to emissions which cause or contribute to air pollution; (d) (i) implementing: (A) Toxic Substances Control Act, Subchapter II, Asbestos Hazard Emergency Response, 15 U.S.C. 2601 et seq.; (B) 40 C.F.R. Part 763, Asbestos; and (C) 40 C.F.R. Part 61, National

Emission Standards for Hazardous Air Pollutants, Subpart M, National Emission Standard for Asbestos; and (ii) reviewing and approving asbestos management plans submitted by local education agencies under the Toxic Substances Control Act, Subchapter II, Asbestos Hazard Emergency Response, 15 U.S.C. 2601 et seq.; (e) establishing a requirement for a diesel emission opacity inspection and maintenance program for diesel-powered motor vehicles; (f) implementing an operating permit program as required by and in conformity with

Titles IV and V of the federal Clean Air Act Amendments of 1990; (g) establishing requirements for county emissions inspection and maintenance programs after obtaining agreement from the counties that would be affected by the requirements;(h) with the approval of the governor,

implementing in air quality nonattainment areas employer-based trip reduction programs applicable to businesses having more than 100 employees at a single location and applicable to federal, state, and local governments to the extent necessary to attain and maintain ambient air quality standards consistent with the state implementation plan and federal requirements under the standards set forth in Subsection (2);

and (i) implementing lead-based paint remediation training, certification, and performance requirements in accordance with 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act, Subchapter IV

-- Lead Exposure Reduction,

Sections 402 and 406. (2) When implementing Subsection (1)(h) the board shall take into consideration: (a) the impact of the business on overall air quality; and (b) the need of the business to use automobiles in order to carry out its business

purposes. (3) (a) The board may: (i) hold a hearing that is not an adjudicative proceeding relating to any aspect of, or matter in, the administration of this chapter; (ii) order the director to: (A) issue orders necessary to enforce the provisions of this chapter; (B) enforce the orders by appropriate administrative and judicial proceedings; or (C) institute judicial proceedings to secure compliance with this chapter; or (iii) advise, consult, contract, and cooperate with other agencies of the state, local governments, industries, other states, interstate or interlocal agencies, the federal government, or interested persons or groups. (b) The board shall: (i) to ensure compliance with applicable statutes and regulations: (A) review a settlement negotiated by

the director in accordance with Subsection 19-2- 107(2)(b)(viii) that requires a civil penalty of $25,000 or more; and (B) approve or disapprove the settlement; (ii) encourage voluntary cooperation by persons and affected groups to achieve the purposes of this chapter; (iii) require the owner and operator of each new source which directly emits or has the potential to emit 100 tons per year or more of any air contaminant or the owner or operator of each existing source which by modification will increase emissions or have the potential of increasing emissions by 100 tons per year or more of any air contaminant, to pay a fee

sufficient to cover the reasonable costs of: (A) reviewing and acting upon the notice required under Section 19-2-108; and (B) implementing and enforcing requirements placed on the sources by any approval order issued pursuant to notice, not including any court costs associated with any enforcement action; (iv) meet the requirements of federal air pollution laws; (v) by rule, establish work practice, certification, and clearance air sampling requirements for persons who: (A) contract for hire to conduct demolition, renovation, salvage, encapsulation work involving friable asbestos-containing materials, or asbestos inspections if: (I) the contract work is done on a site other than a residential property with four or fewer units; or (II) the contract work is done on a residential property with four or fewer units where a tested sample contained greater than 1% of asbestos; (B) conduct work described in Subsection (3)(b)(v)(A) in areas to which the general public has unrestrained access or in school buildings that are subject to the federal Asbestos Hazard Emergency Response Act of 1986; (C) conduct asbestos inspections in facilities subject to 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response; or (D) conduct lead paint inspections in facilities subject to 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act, Subchapter IV

--Lead Exposure Reduction;

(vi) establish certification requirements for persons required under 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act, Subchapter

II - Asbestos Hazard Emergency Response, to be accredited as inspectors, management planners, abatement project designers, asbestos abatement contractors and supervisors, or asbestos abatement workers; (vii) establish certification requirements for asbestos project monitors, which shall provide for experience-based certification of persons who, prior to establishment of the certification requirements, had received relevant asbestos training, as defined by rule, and had acquired at least 1,000 hours of experience as project monitors; (viii) establish certification procedures and requirements for certification of the

conversion of a motor vehicle to a clean-fuel vehicle, certifying the vehicle is eligible for the tax credit granted in Section 59-7-605 or 59-10- 1009; (ix) establish a program to certify private sector air quality permitting professionals (AQPP), as described in Section 19-2-109.5; (x) establish certification requirements for persons required under 15 U.S.C.A. 2601 et seq., Toxic Control Act, Subchapter IV

-- Lead Exposure Reduction, to be accredited as inspectors, risk assessors, supervisors, project designers, or abatement workers; and (xi) assist the State Board of Education in adopting school bus idling reduction standards and implementing an idling reduction program in accordance with Section 41-6a-1308. (4) Any rules adopted under this chapter shall be consistent with provisions of federal laws, if any, relating to control of motor

vehicles or motor vehicle emissions. (5) Nothing in this chapter authorizes the board to require installation of or payment for any monitoring equipment by the owner or operator of a source if the owner or operator has installed or is operating monitoring equipment that is equivalent to equipment which the board would require under this section. (6) (a) The board may not require testing for asbestos or related materials on a residential property with four or fewer units,

unless: (i) the property's construction was completed before January 1, 1981; or (ii) the testing is for: (A) a sprayed acoustical ceiling; (B) transite siding; (C) vinyl floor tile; (D) thermal-system insulation or tape on a duct or furnace; or (E) vermiculite type insulation

materials. (b) A residential property with four or fewer units is subject to an abatement rule made under Subsection (1) or (3)(b)(v) if: (i) a sample from the property is tested for asbestos; and (ii) the sample contains asbestos measuring greater than 1%. (7) The board may not issue, amend, renew, modify, revoke, or terminate any of the following that are subject to the authority granted to the director under Section 19-2-107 or

19-2-108: (a) a permit; (b) a license; (c) a registration; (d) a certification; or (e) another administrative authorization made by the director. (8) A board member may not speak or

act for the board unless the board member is authorized by a majority of a quorum of the board in a vote taken at a meeting of the board. (9) Notwithstanding Subsection (7), the board may exercise all authority granted to the board by a federally enforceable state implementation plan.

19-2-105. Duties of board.
The board, in conjunction with the governing body of each county identified in Section 41-6a-1643 and other interested parties, shall order the director to perform an evaluation of the inspection and maintenance program developed under Section 41-6a-1643 including issues relating to:

(1) the implementation of astandardized 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 waivers19-2-105.3. Clean fuel requirements for

fleets. (1) As used in this section:

(a) “1990 Clean Air Act” means the

federal Clean Air Act as amended in 1990. (b) "Clean fuel" means: (i) (i) propane, compressed natural gas, or electricity; (ii) other fuel the Air Quality Board created in Title 19, Chapter 2, Air Conservation Act, determines annually on or before July 1 is

at least as effective as fuels under Subsection (1)(b)(i) in reducing air pollution; and (iii) other fuel that meets the clean fuel

vehicle standards in the 1990 Clean Air Act. (c) "Fleet" means 10 or more vehicles: (i) owned or operated by a single entity as defined by board rule; and (ii) capable of being fueled or that are

fueled at a central location. (d) "Fleet" does not include motor

vehicles that are: (i) held for lease or rental to the genera l public; (ii) held for sale or used as demonstration vehicles by motor vehicle dealers; (iii) used by motor vehicle manufacturers for product evaluations or tests; (iv) authorized emergency vehicles as defined in Section 41-6a-102; (v) registered under Title 41, Chapter 1a, Part 2, Registration, as farm vehicles; (vi) special mobile equipment as defined in Section 41-1a-102; (vii) heavy duty trucks with a gross vehicle weight rating of more than 26,000 pounds; (viii) regularly used by employees to drive to and from work, parked at the employees' personal residences when they are not at their employment, and not practicably fueled at a central location; (ix) owned, operated, or leased by public transit districts; or (x) exempted by board rule. (2) (a) After evaluation of reasonably available pollution control strategies, and as part of the state implementation plan demonstrating attainment of the national ambient air quality standards, the board may by rule, subject to Subsection (2)(c), require fleets in specified geographical areas to use clean fuels if the board

determines fleet use of clean fuels is: (i) necessary to demonstrate attainment of the national ambient air quality standards in any area where they are required; and (ii) reasonably cost effective when compared to other similarly beneficial control strategies for demonstrating attainment of the national ambient air quality standards. (b) State implementation plans developed prior to July 1, 1995, may require

fl eets to use clean fuels no earlier than July 1, 1995, unless the board determines fleet use of clean fuels is necessary prior to July 1, 1995, to

demonstrate attainment of the national ambient air quality standards in any area by an attainment date established by federal law. (c) The board may not require more than 50% of those trucks in a fleet that are heavy duty trucks having a gross vehicle weight rating of more than 8,500 pounds and not more than 26,000 pounds to convert to clean fuels under Subsection (2)(b). (d) A vehicle retrofit to operate on compressed natural gas in accordance with Section 19-1-406 qualifies as a clean fuel

vehicle under this section. (3) (a) After evaluation of reasonably available pollution control strategies, and as part of a state implementation plan demonstrating only maintenance of the national ambient air quality standards, the board may by rule, subject to Subsection (3)(b), require fleets in specified geographical areas to use clean fuels if the board

determines fleet use of clean fuels is: (i) necessary to demonstrate maintenance of the national ambient air quality standards in any area where they are required;

and (ii) reasonably cost effective as compared with other similarly beneficial control strategies for demonstrating maintenance of the national ambient air quality standards. (b) Under Subsection (3)(a) the board may require no more than:(i) 30% of a fleet to use clean fuels

before January 1, 1998; (ii) 50% of a fleet to use clean fuels before January 1, 1999; and (iii) 70% of a fleet to use clean fuels before January 1, 2000. (c) The board may not require more than 50% of those trucks in a fleet that are heavy duty trucks having a gross vehicle weight rating of more than 8,500 pounds and not more than 26,000 pounds to convert to clean fuels under Subsection (3)(b). (4) Rules the board makes under this section may include: (a) dates by which fleets are required to convert to clean fuels under the provisions of this section; (b) definitions of fleet owners or
operators; (c) definitions of vehicles exempted from this section by rule; (d) certification requirements for persons who install clean fuel conversion equipment, including testing and certification standards regarding installers; and (e) certification fees for installers,

established under Section 63J-1-504. (5) Implementation of this section and rules made under this section are subject to the reasonable availability of clean fuel in the local market as determined by the board.

19-2-106. Rulemaking authority and procedure.
(1) Except as provided in Subsection (2), no rule which the board makes for the purpose of administering a program under the federal Clean Air Act may be more stringent than the corresponding federal regulations which address the same circumstances. In making rules, the board may incorporate by reference corresponding federal regulations. (2) The board may make rules more stringent than corresponding federal regulations for the purpose described in Subsection (1), only if it makes a written finding after public comment and hearing and based on evidence in the record, that corresponding federal regulations are not adequate to protect public health and the environment of the state. Those findings shall be accompanied by an opinion referring to and evaluating the public health and

environmental information and studies contained

in the record which form the basis for the

board's conclusion.

19-2-107. Director

-- Appointment

-- Powers.

(1) The executive director shall appoint

the director. The director shall serve under the

administrative direction of the executive

director. (2) (a) The director shall: (i) prepare and develop comprehensive plans for the prevention, abatement, and control of air pollution in Utah; (ii) advise, consult, and cooperate with other agencies of the state, the federal government, other states and interstate agencies, and affected groups, political subdivisions, and industries in furtherance of the purposes of this chapter; (iii) review plans, specifications, or other data relative to pollution control systems or any part of the systems provided in this chapter; (iv) under the direction of the executive director, represent the state in all matters relating to interstate air pollution, including interstate compacts and similar agreements; (v) secure necessary scientific, technical, administrative, and operational services, including laboratory facilities, by contract or otherwise; (vi) encourage voluntary cooperation by persons and affected groups to achieve the purposes of this chapter; (vii) encourage local units of government to handle air pollution within their respective jurisdictions on a cooperative basis and provide technical and consulting assistance to them; (viii) determine by means of field studies and sampling the degree of air contamination and air pollution in all parts of the

state; (ix) monitor the effects of the emission

of air contaminants from motor vehicles on thequality 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 beexpected 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 least20 days before the public hearing; and

(ii) mailed at least 20 days before the public hearing to the chief executive of each political subdivision of the area affected and to other persons the director has reason to believe will be affected by the standards. (d) The adoption of air quality standards or any modification or changes to air quality standards shall be by order of the director following formal action of the board with respect to the standards. (e) The order shall be published: (i) in a newspaper of general circulation in the area affected; and (ii) as required in Section 45-1-101. (2) (a) The board may establish emission control requirements by rule that in its judgment may be necessary to prevent, abate, or control air pollution that may be statewide or may vary from area to area, taking into account varying local conditions. (b ) In adopting these requirements, the board shall give notice and conduct public hearings in accordance with the requirements in Subsection (1).

19-2-109.1. Operating permit required

-- Emissions fee

-- Implementation.

(1) As used in this section and Sections

19-2-109.2 and 19-2-109.3: (a) "EPA" means the federal Environmental Protection Agency. (b) "1990 Clean Air Act" means the
federal Clean Air Act as amended in 1990. (c) "Operating permit" means a permit issued by the director to sources of air pollution that meet the requirements of Titles IV and V of
the 1990 Clean Air Act. (d) "Program" means the air pollution operating permit program established under this section to comply with Title V of the 1990 Clean

Air Act. (e) "Regulated pollutant" has the same meaning as defined in Title V of the 1990 Clean Air Act and implementing federal regulations. (2) (a) A person may not operate any source of air pollution required to have a permit
under Title V of the 1990 Clean Air Act without having obtained an operating permit from the director under procedures the board establishes by rule. (b) A person is not required to submit an operating permit application until the governor has submitted an operating permit program to the EPA. (c) Any operating permit issued under this section may not become effective until the day after the EPA issues approval of the permit program or November 15, 1995, whichever

occurs first. (3) (a) Operating permits issued under this section shall be for a period of five years unless the director makes a written finding, after public comment and hearing, and based on substantial evidence in the record, that an operating permit term of less than five years is necessary to protect the public health and the

environment of the state. (b) The director may issue, modify, or renew an operating permit only after providing public notice, an opportunity for public comment, and an opportunity for a public hearing. (c) The director shall, in conformity with the 1990 Clean Air Act and implementing federal regulations, revise the conditions of issued operating permits to incorporate applicable federal regulations in conformity with Section 502(b)(9) of the 1990 Clean Air Act, if the remaining period of the permit is three or

more years. (d) The director may terminate, modify, revoke, or reissue an operating permit

for cause. (4) (a) The board shall establish a proposed annual emissions fee that conforms
with Title V of the 1990 Clean Air Act for each ton of regulated pollutant, applicable to all sources required to obtain a permit. The

emissions fee established under this section is in

addition to fees assessed under Section 19-2-108 for issuance of an approval order. (b) In establishing the fee the boardshall comply with the provisions of Section 63J1-504 that require a public hearing and require

the established fee to be submitted to the Legislature for its approval as part of the department's annual appropriations request. (c) The fee shall cover all reasonabledirect 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 businessstationary air pollution sources, selected by the

governor to represent the general public; (b) four members who are owners or who represent owners of small business stationary sources selected by leadership of the Utah Legislature as follows:

(i) one member selected by the majority leader of the Senate; (ii) one member selected by the minority leader of the Senate; (iii) one member selected by the majority leader of the House of Representatives;

and (iv) one member selected by the minority leader of the House of Representatives;

and (c) one member selected by the executive director to represent the Division of Air Quality, Department of Environmental Quality. (3) (a) Except as required by Subsection (3)(b), as terms of current panel members expire, the department shall appoint each new member or reappointed member to a four-year term. (b) Notwithstanding the requirements of Subsection (3)(a), the department shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of panel members are staggered so that approximately half of the panel is appointed every two years. (4) Members may serve more than one

term. (5) Members shall hold office until the expiration of their terms and until their successors are appointed, but not more than 90 days after the expiration of their terms. (6) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term. (7) Every two years, the panel shall

elect a chair from its members. (8) (a) The panel shall meet as necessary to carry out its duties. Meetings may be called by the chair, the director, or upon written request of three of the members of the panel. (b) Three days' notice shall be given to each member of the panel prior to a meeting. (9) Four members constitute a quorum at any meeting, and the action of the majority of members present is the action of the panel. (10) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and

63A-3-107 (9) Four members constitute a quorum at any meeting, and the action of the majority of members present is the action of the panel. (10) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107 expiration of their terms and until their successors are appointed, but not more than 90 days after the expiration of their terms.19-2-109.3. Public access to information.

A copy of each permit application, compliance plan, emissions or compliance monitoring report, certification, and each operating permit issued under this chapter shall be made available to the public in accordance with Title 63, Chapter 2, Government Records Access and Management Act.

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

program. (1) As used in this section, "AQPP" means an air quality permitting professional. (2) The board may establish a program to certify private sector AQPPs, including consultants and employees of companies that may seek air quality permits from the division. Any program established under this section shall

include: (a) a training program established and operated by the department, which describes and explains the state law and rules regarding the air quality permit application and approval procedure under this chapter; (b) the requirement to pass an exam to measure qualifications of AQPP applicants; (c) an option for certification of an AQPP by passing the exam without undergoing any training required under the program; (d) an application process, including a

fee established under Section 63-38-3.2 that covers the costs of the training, testing, and application process and the department's maintenance of a list of certified AQPPs; (e) certification of qualified AQPP applicants; (f) maintenance by the department of a current list of certified AQPPs, which is available to the public; and (g) procedures for the expedited review by the department of air quality permit applications submitted by certified AQPPs; and (h) professional standards for AQPPs. (3) The board may not require AQPP certification as a condition of preparing or submitting a notice of intent or operating permit application under this chapter. (4) Any program under this section shall provide for revocation of any certification issued under this section if the department determines, through an administrative hearing conducted under Title 63, Chapter 46b, Administrative Procedures Act, that the AQPP: (a) knowingly or negligently submitted false information or data as part of an air quality permit application; (b) prepared more than three air quality permit applications in one calendar year in a manner that each did not substantially comply with department application requirements; (c) prepared any air quality permit application in violation of the professional standards defined by department rule.

19-2-110. Violations

-- Notice to violator

-- Corrective action orders

-- Conference, conciliation, and persuasion by director

-- Hearings.

(1) Whenever the director has reason to believe that a violation of any provision of this chapter or any rule issued under it has occurred, the director may serve written notice of the violation upon the alleged violator. The notice shall specify the provision of this chapter or rule alleged to be violated, the facts alleged to constitute the violation, and may include an order that necessary corrective action be taken

within a reasonable time. (2) Nothing in this chapter prevents the director from making efforts to obtain voluntary compliance through warning, conference, conciliation, persuasion, or other appropriate

means. (3) Hearings may be held before an administrative law judge as provided by Section

19-1-301.

19-2-112. Generalized condition of air pollution creating emergency

-- Sources

ca using imminent danger to health

-- Powers
of executive director

-- Declaration of

emergency. (1) (a) Title 63G, Chapter 4,Administrative Procedures Act, and any other

provision of law to the contrary notwithstanding, if the executive director finds that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, the executive director, with the concurrence of the governor, shall order persons causing or contributing to the air pollution to reduce or discontinue immediately the emission of air

contaminants. (b) The order shall fix a place and time, not later than 24 hours after its issuance, for a hearing to be held before the governor. (c) Not more than 24 hours after the commencement of this hearing, and without adjournment of it, the governor shall affirm, modify, or set aside the order of the executive

director. (2) (a) In the absence of a generalized condition of air pollution referred to in Subsection (1), but if the executive director finds that emissions from the operation of one or more air contaminant sources is causing imminent danger to human health or safety, the executive director may commence adjudicative proceedings under Section 63G-4-502. (b) Notwithstanding Section 19-1-301 or 19-1-301.5, the executive director may conduct the emergency adjudicative proceeding in place of an administrative law judge. (3) Nothing in this section limits any power that the governor or any other officer has to declare an emergency and act on the basis of

that declaration.

19-2-113. Variances

-- Judicial review.
(1) (a) Any person who owns or is in control of any plant, building, structure, establishment, process, or equipment may apply

to the board for a variance from its rules. (b) The board may grant the requested variance following an announced public meeting, if it finds, after considering the endangerment to human health and safety and other relevant factors, that compliance with the rules from which variance is sought would produce serious hardship without equal or greater benefits to the public. (2) A variance may not be granted

under this section until the board has considered the relative interests of the applicant, other owners of property likely to be affected by the discharges, and the general public. (3) Any variance or renewal of a variance shall be granted within the requirements of Subsection (1) and for time periods and under conditions consistent with the reasons for it, and within the following

limitations: (a) if the variance is granted on the grounds that there are no practicable means known or available for the adequate prevention, abatement, or control of the air pollution involved, it shall be only until the necessary means for prevention, abatement, or control become known and available, and subject to the taking of any substitute or alternate measures that the board may prescribe; (b) (i) if the variance is granted on the grounds that compliance with the requirements from which variance is sought will require that measures, because of their extent or cost, must be spread over a long period of time, the variance shall be granted for a reasonable time that, in the view of the board, is required for implementation of the necessary measures; and (ii) a variance granted on this ground shall contain a timetable for the implementation of remedial measures in an expeditious manner

and shall be conditioned on adherence to the timetable; or (c) if the variance is granted on the ground that it is necessary to relieve or prevent hardship of a kind other than that provided for in Subsection (a) or (b), it shall not be granted for more than one year. (4) (a) Any variance granted under this section may be renewed on terms and conditions and for periods that would be appropriate for initially granting a variance. (b) If a complaint is made to the board because of the variance, a renewal may not be granted unless, following an announced public meeting, the board finds that renewal is justified.
(c) To receive a renewal, an applicant shall submit a request for agency action to the board requesting a renewal. (d) Immediately upon receipt of anapplication for renewal, the board shall give

public notice of the application as required by its

rules. (5) (a) A variance or renewal is not a right of the applicant or holder but may be granted at the board's discretion. (b) A person aggrieved by the board's decision may obtain judicial review. (c) Venue for judicial review of informal adjudicative proceedings is in the

district court in which the air contaminant source

is situated. (6) (a) The board may review any variance during the term for which it was granted. (b) The review procedure is the same as that for an original application. (c) The variance may be revoked upon a finding that: (i) the nature or amount of emission has changed or increased; or (ii) if facts existing at the date of the review had existed at the time of the original application, the variance would not have been granted. (7) Nothing in this section and no variance or renewal granted pursuant to it shall be construed to prevent or limit the application of the emergency provisions and procedures of Section 19-2-112 to any person or property.

19-2-114. Activities not in violation of chapter or rules.
The following are not a violation of this chapter or of any rules made under it: (1) burning incident to horticultural or agricultural operations of: (a) prunings from trees, bushes, and plants; or (b) dead or diseased trees, bushes, and plants, including stubble; (2) burning of weed growth along ditch banks incident to clearing these ditches for irrigation purposes; (3) controlled heating of orchards or other crops to lessen the chances of their being frozen so long as the emissions from this heating do not violate minimum standards set by the board; and (4) the controlled burning of not more than two structures per year by an organized and operating fire department for the purpose of training fire service personnel when the United States Weather Service clearing index is above

500.

19-2-115. Violations

-- Penalties

-- Reimbursement for expenses.

(1) As used in this section, the terms "knowingly," "willfully," and "criminal negligence" shall mean as defined in Section 76-

2-103. (2) (a) A person who violates this chapter, or any rule, order, or permit issued or made under this chapter is subject in a civil proceeding to a penalty not to exceed $10,000 per day for each violation. (b) Subsection (2)(a) also applies to rules made under the authority of Section 19-2- 104, for implementation of 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act, Subchapter

II - Asbestos Hazard Emergency Response. (c) Penalties assessed for violations described in 15 U.S.C.A. 2647, Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response, may not exceed the amounts specified in that section and

shall be used in accordance with that section. (3) A person is guilty of a class A misdemeanor and is subject to imprisonment

under Section 76-3-204 and a fine of not more than $25,000 per day of violation if that person knowingly violates any of the following under this chapter: (a) an applicable standard or limitation; (b) a permit condition; or (c) a fee or filing requirement. (4) A person is guilty of a third degree felony and is subject to imprisonment under

Section 76-3-203 and a fine of not more than $25,000 per day of violation who knowingly: (a) makes any false material statement, representation, or certification, in any notice or report required by permit; or (b) renders inaccurate any monitoring device or method required to be maintained by this chapter or applicable rules made under this chapter.(5) Any fine or penalty assessed under

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

under Section 19-2-109.1. (6) A person who willfully violates Section 19-2-120 is guilty of a class A

misdemeanor. (7) A person who knowingly violates any requirement of an applicable implementation plan adopted by the board, more than 30 days after having been notified in writing by the director that the person is violating the requirement, knowingly violates an order issued under Subsection 19-2-110(1), or knowingly handles or disposes of asbestos in violation of a rule made under this chapter is guilty of a third degree felony and subject to imprisonment under Section 76-3-203 and a fine of not more than $25,000 per day of violation in the case of the first offense, and not more than $50,000 per day of violation in the case of subsequent offenses. (8) (a) As used in this section: (i) "Hazardous air pollutant" means any hazardous air pollutant listed under 42 U.S.C. Sec. 7412 or any extremely hazardous substance listed under 42 U.S.C. Sec. 11002(a)(2). (ii) "Organization" means a legal entity, other than a government, established or organized for any purpose, and includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons. (iii) "Serious bodily injury" means bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. (b) (i) A person is guilty of a class A misdemeanor and subject to imprisonment under

Section 76-3-204 and a fine of not more than $25,000 per day of violation if that person with criminal negligence: (A) releases into the ambient air any hazardous air pollutant; and (B) places another person in imminent danger of death or serious bodily injury. (ii) As used in this Subsection (8)(b), "person" does not include an employee who is carrying out the employee's normal activities and who is not a part of senior management personnel or a corporate officer. (c) A person is guilty of a second degree felony and is subject to imprisonment

under Section 76-3-203 and a fine of not more than $50,000 per day of violation if that person:

(i) knowingly releases into the ambient air any hazardous air pollutant; and (ii) knows at the time that the person is placing another person in imminent danger of death or serious bodily injury. (d) If a person is an organization, it shall, upon conviction of violating Subsection (8)(c), be subject to a fine of not more than $1,000,000. (e) (i) A defendant who is an individual is considered to have acted knowingly under Subsections (8)(c) and (d), if: (A) the defendant's conduct placed another person in imminent danger of death or serious bodily injury; and (B) the defendant was aware of or believed that there was an imminent danger of death or serious bodily injury to another person. (ii) Knowledge possessed by a person other than the defendant may not be attributed to

the defendant. (iii) Circumstantial evidence may be used to prove that the defendant possessed actual knowledge, including evidence that the defendant took affirmative steps to be shielded from receiving relevant information. (f) (i) It is an affirmative defense to prosecution under this Subsection (8) that the conduct charged was freely consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable

hazards of: (A) an occupation, a business, a profession; or (B) medical treatment or medical or scientific experimentation conducted by professionally approved methods and the other person was aware of the risks involved prior to giving consent. (ii) The defendant has the burden of proof to establish any affirmative defense under this Subsection (8)(f) and shall prove thatdefense 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 theboard 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 certificationfor 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 madeunder Section 19-2-124 was or is to be erected,

constructed, acquired, or installed on or after July 1, 1986, but on or before June 30, 2009, and is designed and is being operated or will operate primarily to prevent, control, or reduce air or water pollution, and that the applicant qualifies under Section 19-2-124, the board shall certify the facility. (b) If one or more facilities constitute an operational unit, the board may certify those

facilities under one certificate. (2) (a) The board and the State Tax Commission shall act on an application under Section 19-2-124 before the 120th day after filing. (b) Failure of the board and the State Tax Commission to timely act constitutes automatic acceptance of the application and the board shall furnish a certificate to the applicant

on demand.

19-2-126. Revocation of certification

-- Grounds

-- Procedure.
(1) (a) The board, after consulting with the State Tax Commission, may revoke the
certification issued under Section 19-2-125 of any pollution control facility if it finds that the: (i) certification was obtained by fraud or gross misrepresentation; or (ii) holder of the certificate has failed substantially to operate the facility for the purpose of, and to the extent necessary to prevent, control, or reduce air or water pollution as specified in the certificate. (b) A shutdown of the facility due to force majeure, including obsolescence, is not cause to revoke certification of any facility. (2) (a) The board shall provide notice of the revocation by issuing a notice of agency

action. (b) The holder of the certificate may obtain judicial review of the revocation. (c) The revocation is final and conclusive unless an appeal is taken. (d) If the revocation is affirmed on appeal, revocation is final on the date notice of revocation was received by the holder. (3) As soon as a revocation under this section is final, the board shall notify the State Tax Commission of the revocation. (4) (a) If the certification of a pollution control facility is revoked, all prior tax relief provided to the holder because of the certificate

is forfeited. (b) The State Tax Commission shall collect taxes not paid by the holder because of the tax relief provided the holder to the extent permitted by the applicable statute of limitations.

19-2-127. Rules for administering
certification for tax relief.
In addition to the powers granted it, the board may formulate, amend, or cancel rules establishing procedures for processing and evaluating applications for certification, establishing procedures for the issuance and revocation of certificates, and all other matters pertaining to the board in administering certification for tax relief on pollution control

facilities.

# Utah Administrative Rulemaking Act

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

63G -3- 101. Title.

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

63G -3- 102. Definitions.

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

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

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

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

................................................................................................................. 4

63G -3- 301. Rulemaking procedure

............................................................................................................................. 4

63G -3- 302. Public hearings

........................................................................................................................................ 6

63G -3- 303. Changes in rules

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

63G -3- 304. Emergency rulemaking procedure

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

63G -3- 305. Agency review of rules

-- Schedule of filings

-- Limited exemption for certain rules

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

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

-- Appointment of director

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

63G -3- 402. Division of Administrative Rules

-- Duties generally

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

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

.......................................................................... 10

63G -3- 501. Administrative Rules 

### Review Committee

........................................................................................... 12

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

-- Extension of rules by governor.

.................................... 13

63G -3- 601. Interested parties

-- Petition for agency action

...................................................................................... 14

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

.............................................................................................. 14

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

-- Statute of limitations.

............................................................................... 16

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

-- Judicial notice.

....................................... 16

63G -3- 702. Utah Administrative Code

-- Organization

-- Official compilation.

...................................................... 16



### ____________________________________________________________________________________________

63G -3- 101



## . Title.

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

Renumbered and Amended by Chapter 382, 2008 General Session

63G -3- 102



## . Definitions.

As used in this chapter: (1) "Administrative record" means information an agency relies upon when making a rule under this chapter including: (a) the proposed rule, change in the proposed rule, and the rule analysis form; (b) the public comment received and recorded by the agency during the public comment period; (c) the agency's response to the public comment; (d) the agency's analysis of the public comment; and (e) the agency's report of its decision-making process. (2) "Agency" means each state board, authority, commission, institution, department, division, officer, or other state government entity other than the Legislature, its committees, the political subdivisions of the state, or the courts, which is authorized or required by law to make

### rules, adjudicate, grant or withhold licenses, grant or withhold relief from legal obligations, or

perform other similar actions or duties delegated by law. (3) "Bulletin" means the Utah State Bulletin. (4) "Catchline" means a short summary of each section, part, rule, or title of the code that follows the section, part, rule, or title reference placed before the text of the rule and serves the same function as boldface in legislation as described in Section 68-3-13. (5) "Code" means the body of all effective rules as compiled and organized by the

division and entitled "Utah Administrative Code." (6) "Director" means the director of the Division of Administrative Rules. (7) "Division" means the Division of Administrative Rules. (8) "Effective" means operative and enforceable. (9) (a) "File" means to submit a document to the division as prescribed by the division. (b) "Filing date" means the day and time the document is recorded as received by the

division. (10) "Interested person" means any person affected by or interested in a proposed rule, amendment to an existing rule, or a nonsubstantive change made under Section 63G-3-402. (11) "Order" means an agency action that determines the legal rights, duties, privileges, immunities, or other interests of one or more specific persons, but not a class of persons. (12) "Person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency. (13) "Publication" or "publish" means making a rule available to the public by including the rule or a summary of the rule in the bulletin. (14) "Publication date" means the inscribed date of the bulletin. (15) "Register" may include an electronic database. (16) (a) "Rule" means an agency's written statement that: (i) is explicitly or implicitly required by state or federal statute or other applicable law; (ii) implements or interprets a state or federal legal mandate; and (iii) applies to a class of persons or another agency. (b) "Rule" includes the amendment or repeal of an existing rule. (c) "Rule" does not mean: (i) orders; (ii) an agency's written statement that applies only to internal management and that does not restrict the legal rights of a public class of persons or another agency; (iii) the governor's executive orders or proclamations; (iv) opinions issued by the attorney general's office; (v) declaratory rulings issued by the agency according to Section 63G-4-503 except as required by Section 63G-3-201; (vi) rulings by an agency in adjudicative proceedings, except as required by Subsection 63G-3-201(6); or (vii) an agency written statement that is in violation of any state or federal law. (17) "Rule analysis" means the format prescribed by the division to summarize and analyze rules. (18) "Small business" means a business employing fewer than 50 persons. (19) "Substantive change" means a change in a rule that affects the application or results of agency actions.

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

63G -3- 201



## . When rulemaking is required.

(1) Each agency shall: (a) maintain a current version of its rules; and (b) make it available to the public for inspection during its regular business hours. (2) In addition to other rulemaking required by law, each agency shall make rules when agency action: (a) authorizes, requires, or prohibits an action; (b) provides or prohibits a material benefit; (c) applies to a class of persons or another agency; and (d) is explicitly or implicitly authorized by statute. (3) Rulemaking is also required when an agency issues a written interpretation of a state or federal legal mandate. (4) Rulemaking is not required when: (a) agency action applies only to internal agency management, inmates or residents of a state correctional, diagnostic, or detention facility, persons under state legal custody, patients admitted to a state hospital, members of the state retirement system, or students enrolled in a state education institution; (b) a standardized agency manual applies only to internal fiscal or administrative details of governmental entities supervised under statute; (c) an agency issues policy or other statements that are advisory, informative, or descriptive, and do not conform to the requirements of Subsections (2) and (3); or (d) an agency makes nonsubstantive changes in a rule, except that the agency shall file all nonsubstantive changes in a rule with the division. (5) (a) A rule shall enumerate any penalty authorized by statute that may result from its violation, subject to Subsections (5)(b) and (c). (b) A violation of a rule may not be subject to the criminal penalty of a class C misdemeanor or greater offense, except as provided under Subsection (5)(c). (c) A violation of a rule may be subject to a class C or greater criminal penalty under Subsection (5)(a) when: (i) authorized by a specific state statute; (ii) a state law and programs under that law are established in order for the state to obtain or maintain primacy over a federal program; or (iii) state civil or criminal penalties established by state statute regarding the program are equivalent to or less than corresponding federal civil or criminal penalties. (6) Each agency shall enact rules incorporating the principles of law not already in its rules that are established by final adjudicative decisions within 120 days after the decision is

announced in its cases. (7) (a) Each agency may enact a rule that incorporates by reference: (i) all or any part of another code, rule, or regulation that has been adopted by a federal agency, an agency or political subdivision of this state, an agency of another state, or by a nationally recognized organization or association; (ii) state agency implementation plans mandated by the federal government for participation in the federal program;

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

fully described in the rule, and are available for public inspection; or (iv) lists, tables, illustrations, or similar materials that the director determines are too expensive to reproduce in the administrative code. (b) Rules incorporating materials by reference shall: (i) be enacted according to the procedures outlined in this chapter; (ii) state that the referenced material is incorporated by reference; (iii) state the date, issue, or version of the material being incorporated; and (iv) define specifically what material is incorporated by reference and identify any agency deviations from it. (c) The agency shall identify any substantive changes in the material incorporated by reference by following the rulemaking procedures of this chapter. (d) The agency shall maintain a complete and current copy of the referenced material available for public review at the agency and at the division. (8) (a) This chapter is not intended to inhibit the exercise of agency discretion within the limits prescribed by statute or agency rule. (b) An agency may enact a rule creating a justified exception to a rule. (9) An agency may obtain assistance from the attorney general to ensure that its rules meet legal and constitutional requirements.

Amended by Chapter 347, 2009 General Session



## 63G

- 3

- 202. Rules having the effect of law

. (1) An agency's written statement is a rule if it conforms to the definition of a rule under Section 63G-3-102, but the written statement is not enforceable unless it is made as a rule in accordance with the requirements of this chapter. (2) An agency's written statement that is made as a rule in accordance with the requirements of this chapter is enforceable and has the effect of law.

Renumbered and Amended by Chapter 382, 2008 General Session



## 63G

- 3

- 301. Rulemaking procedure

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

rules. (2) Except as provided in Sections 63G-3-303 and 63G-3-304, when making, amending, or repealing a rule agencies shall comply with: (a) the requirements of this section; (b) consistent procedures required by other statutes; (c) applicable federal mandates; and (d) rules made by the division to implement this chapter. (3) Subject to the requirements of this chapter, each agency shall develop and use flexible approaches in drafting rules that meet the needs of the agency and that involve persons affected by the agency's rules. (4) (a) Each agency shall file its proposed rule and rule analysis with the division. (b) Rule amendments shall be marked with new language underlined and deleted language struck out.

### (c) (i) The division shall publish the information required under Subsection (8) on the

rule analysis and the text of the proposed rule in the next issue of the bulletin. (i i) For rule amendments, only the section or subsection of the rule being amended need be printed. (iii) If the director determines that the rule is too long to publish, the director shall publish the rule analysis and shall publish the rule by reference to a copy on file with the

division. (5) Prior to filing a rule with the division, the department head shall consider and comment on the fiscal impact a rule may have on businesses. (6) If the agency reasonably expects that a proposed rule will have a measurable negative fiscal impact on small businesses, the agency shall consider, as allowed by federal law, each of the following methods of reducing the impact of the rule on small businesses: (a) establishing less stringent compliance or reporting requirements for small businesses; (b) establishing less stringent schedules or deadlines for compliance or reporting requirements for small businesses; (c) consolidating or simplifying compliance or reporting requirements for small businesses; (d) establishing performance standards for small businesses to replace design or operational standards required in the proposed rule; and (e) exempting small businesses from all or any part of the requirements contained in the proposed rule. (7) If during the public comment period an agency receives comment that the proposed rule will cost small business more than one day's annual average gross receipts, and the agency had not previously performed the analysis in Subsection (6), the agency shall perform the analysis described in Subsection (6). (8) The rule analysis shall contain: (a) a summary of the rule or change; (b) the purpose of the rule or reason for the change; (c) the statutory authority or federal requirement for the rule; (d) the anticipated cost or savings to: (i) the state budget; (ii) local governments; (iii) small businesses; and (iv) persons other than small businesses, businesses, or local governmental entities; (e) the compliance cost for affected persons; (f) how interested persons may review the full text of the rule; (g) how interested persons may present their views on the rule; (h) the time and place of any scheduled public hearing; (i) the name and telephone number of an agency employee who may be contacted about the rule; (j) the name of the agency head or designee who authorized the rule; (k) the date on which the rule may become effective following the public comment period; and (l) comments by the department head on the fiscal impact the rule may have on

businesses.

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

summary that generally includes the following: (i) a summary of substantive provisions in the repealed rule which are eliminated from the enacted rule; and (ii) a summary of new substantive provisions appearing only in the enacted rule. (b) The summary required under this Subsection (9) is to aid in review and may not be used to contest any rule on the ground of noncompliance with the procedural requirements of this chapter. (10) A copy of the rule analysis shall be mailed to all persons who have made timely request of the agency for advance notice of its rulemaking proceedings and to any other person who, by statutory or federal mandate or in the judgment of the agency, should also receive

notice. (11) (a) Following the publication date, the agency shall allow at least 30 days for public comment on the rule. (b) The agency shall review and evaluate all public comments submitted in writing within the time period under Subsection (11)(a) or presented at public hearings conducted by the agency within the time period under Subsection (11)(a). (12) (a) Except as provided in Sections 63G-3-303 and 63G-3-304, a proposed rule becomes effective on any date specified by the agency that is no fewer than seven calendar days after the close of the public comment period under Subsection (11), nor more than 120 days after the publication date. (b) The agency shall provide notice of the rule's effective date to the division in the form required by the division. (c) The notice of effective date may not provide for an effective date prior to the date it is received by the division. (d) The division shall publish notice of the effective date of the rule in the next issue of

the bulletin. (e) A proposed rule lapses if a notice of effective date or a change to a proposed rule is not filed with the division within 120 days of publication. (13) (a) As used in this Subsection (13), "initiate rulemaking proceedings" means the filing, for the purposes of publication in accordance with Subsection (4), of an agency's proposed rule that is required by state statute. (b) A state agency shall initiate rulemaking proceedings no later than 180 days after the effective date of the statutory provision that specifically requires the rulemaking, except under Subsection (13)(c). (c) When a statute is enacted that requires agency rulemaking and the affected agency already has rules in place that meet the statutory requirement, the agency shall submit the rules to the Administrative Rules Review Committee for review within 60 days after the statute requiring the rulemaking takes effect. (d) If a state agency does not initiate rulemaking proceedings in accordance with the time requirements in Subsection (13)(b), the state agency shall appear before the legislative Administrative Rules Review Committee and provide the reasons for the delay.

Amended by Chapter 93, 2009 General Session



## 63G

- 3

- 302. Public hearings

.

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

repeal of a rule during the public comment period. (2) Each agency shall hold a public hearing on a proposed rule, amendment to a rule, or repeal of a rule if: (a) a public hearing is required by state or federal mandate; (b) (i) another state agency, 10 interested persons, or an interested association having not fewer than 10 members request a public hearing; and (ii) the agency receives the request in writing not more than 15 days after the publication date of the proposed rule. (3) The agency shall hold the hearing: (a) before the rule becomes effective; and (b) no less than seven days nor more than 30 days after receipt of the request for hearing.

Renumbered and Amended by Chapter 382, 2008 General Session



## 63G

- 3

- 303. Changes in rules

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

with the division: (i) the text of the changed rule; and (ii) a rule analysis containing a description of the change and the information required by Section 63G-3-301. (b) A change to a proposed rule may not be filed more than 120 days after publication of the rule being changed. (c) The division shall publish the rule analysis for the changed rule in the bulletin. (d) The changed proposed rule and its associated proposed rule will become effective on a date specified by the agency, not less than 30 days or more than 120 days after publication of the last change in proposed rule. (e) A changed proposed rule and its associated proposed rule lapse if a notice of effective date or another change to a proposed rule is not filed with the division within 120 days of publication of the last change in proposed rule. (2) If the rule change is nonsubstantive: (a) the agency need not comply with the requirements of Subsection (1); and (b) the agency shall notify the division of the change in writing. (3) If the rule is effective, the agency shall amend the rule according to the procedures specified in Section 63G-3-301.

Renumbered and Amended by Chapter 382, 2008 General Session



## 63G

- 3

- 304. Emergency rulemaking procedure

. (1) All agencies shall comply with the rulemaking procedures of Section 63G-3-301 unless an agency finds that these procedures would: (a) cause an imminent peril to the public health, safety, or welfare; (b) cause an imminent budget reduction because of budget restraints or federal requirements; or (c) place the agency in violation of federal or state law.

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

section, the agency shall file with the division: (i) the text of the rule; and (ii) a rule analysis that includes the specific reasons and justifications for its findings. (b) The division shall publish the rule in the bulletin as provided in Subsection 63G-3-301(4). (c) The agency shall notify interested persons as provided in Subsection 63G-3-301(10). (d) The rule becomes effective for a period not exceeding 120 days on the date of filing or any later date designated in the rule. (3) If the agency intends the rule to be effective beyond 120 days, the agency shall also comply with the procedures of Section 63G-3-301.

Amended by Chapter 300, 2008 General Session Renumbered and Amended by Chapter 382, 2008 General Session



## 63G

- 3

- 305. Agency review of rules

-- Schedule of filings

-- Limited exemption for certain rules

. (1) Each agency shall review each of its rules within five years of the rule's original effective date or within five years of the filing of the last five-year review, whichever is later. Rules effective prior to 1992 need not be reviewed until 1997. (2) An agency may consider any substantial review of a rule to be a five-year review. If the agency chooses to consider a review a five-year review, it shall follow the procedures outlined in Subsection (3). (3) At the conclusion of its review, the agency shall file a notice of review on or before the anniversary date indicating its intent to continue, amend, or repeal the rule. (a) If the agency continues the rule, it shall file a statement which includes: (i) a concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule; (ii) a summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule; and (iii) a reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any. (b) If the agency repeals the rule, it shall comply with Section 63G-3-301. (c) If the agency amends and continues the rule, it shall comply with the requirements of Section 63G-3-301 and file the statement required in Subsection (3)(a). (4) (a) The division shall publish the notice and statement in the bulletin. (b) The division may schedule the publication of agency notices and statements, provided that no notice and statement shall be published more than one year after the review deadline established under Subsection (1). (5) The division shall notify an agency of rules due for review at least 180 days prior to the anniversary date. (6) If an agency finds that it will not meet the deadline established in Subsection (1): (a) the agency may file an extension prior to the anniversary date with the division indicating the reason for the extension; and (b) the division shall publish notice of the extension in the next issue of the bulletin. (7) An extension permits the agency to file a notice no more than 120 days after the

### anniversary date.

(8) If an agency fails to file a notice of review or extension on or before the date specified in the notice mandated in Subsection (5), the division shall: (a) publish a notice in the next issue of the bulletin that the rule has expired and is no longer enforceable; (b) remove the rule from the code; and (c) notify the agency that the rule has expired. (9) After a rule expires, an agency must comply with the requirements of Section

63G-3-301 to reenact the rule.

Amended by Chapter 384, 2012 General Session



## 63G

- 3

- 401. Division of Administrative Rules created

-- Appointment of director

. (1) There is created within the Department of Administrative Services the Division of Administrative Rules, to be administered by a director. (2) The director of administrative rules shall be appointed by the executive director with the approval of the governor.

Renumbered and Amended by Chapter 382, 2008 General Session



## 63G

- 3

- 402. Division of Administrative Rules

-- Duties generally

. (1) The Division of Administrative Rules shall: (a) establish all filing, publication, and hearing procedures necessary to make rules under this chapter; (b) record in a register the receipt of all agency rules, rule analysis forms, and notices of effective dates; (c) make the register, copies of all proposed rules, and rulemaking documents available for public inspection; (d) publish all proposed rules, rule analyses, notices of effective dates, and review notices in the bulletin at least monthly, except that the division may publish the complete text of any proposed rule that the director determines is too long to print or too expensive to publish by reference to the text maintained by the division; (e) compile, format, number, and index all effective rules in an administrative code, and periodically publish that code and supplements or revisions to it; (f) publish a digest of all rules and notices contained in the most recent bulletin; (g) publish at least annually an index of all changes to the administrative code and the effective date of each change; (h) print, or contract to print, all rulemaking publications the division determines necessary to implement this chapter; (i) distribute without charge the bulletin and administrative code to state-designated repositories, the Administrative Rules Review Committee, the Office of Legislative Research and General Counsel, and the two houses of the Legislature; (j) distribute without charge the digest and index to state legislators, agencies, political

### subdivisions on request, and the Office of Legislative Research and General Counsel;

(k) distribute, at prices covering publication costs, all paper rulemaking publications to all other requesting persons and agencies; (l) provide agencies assistance in rulemaking; (m) if the Department of Administrative Services operates the division as an internal service fund agency in accordance with Section 63A-1-109.5, submit to the Rate Committee

established in Section 63A-1-114: (i) the proposed rate and fee schedule as required by Section 63A-1-114; and (ii) other information or analysis requested by the Rate Committee; and (n) administer this chapter and require state agencies to comply with filing, publication, and hearing procedures. (2) The division may after notifying the agency make nonsubstantive changes to rules filed with the division or published in the bulletin or code by: (a) implementing a uniform system of formatting, punctuation, capitalization, organization, numbering, and wording; (b) correcting obvious errors and inconsistencies in punctuation, capitalization, numbering, referencing, and wording; (c) changing a catchline to more accurately reflect the substance of each section, part, rule, or title; (d) updating or correcting annotations associated with a section, part, rule, or title; and (e) merging or determining priority of any amendment, enactment, or repeal to the same rule or section made effective by an agency. (3) In addition, the division may make the following nonsubstantive changes with the concurrence of the agency: (a) eliminate duplication within rules; (b) eliminate obsolete and redundant words; and (c) correcting defective or inconsistent section and paragraph structure in arrangement of the subject matter of rules. (4) For nonsubstantive changes made in accordance with Subsection (2) or (3) after publication of the rule in the bulletin, the division shall publish a list of nonsubstantive changes in the bulletin. For each nonsubstantive change, the list shall include: (a) the affected code citation; (b) a brief description of the change; and (c) the date the change was made. (5) All funds appropriated or collected for publishing the division's publications shall be nonlapsing.

Amended by Chapter 341, 2010 General Session



## 63G

- 3

- 403. Repeal and reenactment of Utah

Administrative Code

. (1) When the director determines that the Utah Administrative Code requires extensive revision and reorganization, the division may repeal the code and reenact a new code according to the requirements of this section. (2) The division may: (a) reorganize, reformat, and renumber the code;

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

changes according to the requirements of Section 63G-3-303; and (c) require each agency to prepare a brief summary of all substantive changes made by the agency. (3) The division may make nonsubstantive changes in the code by: (a) adopting a uniform system of punctuation, capitalization, numbering, and wording; (b) eliminating duplication; (c) correcting defective or inconsistent section and paragraph structure in arrangement of the subject matter of rules; (d) eliminating all obsolete or redundant words; (e) correcting obvious errors and inconsistencies in punctuation, capitalization, numbering, referencing, and wording; (f) changing a catchline to more accurately reflect the substance of each section, part, rule, or title; (g) updating or correcting annotations associated with a section, part, rule, or title; and (h) merging or determining priority of any amendment, enactment, or repeal to the same rule or section made effective by an agency. (4) (a) To inform the public about the proposed code reenactment, the division shall publish in the bulletin: (i) notice of the code reenactment; (ii) the date, time, and place of a public hearing where members of the public may comment on the proposed reenactment of the code; (iii) locations where the proposed reenactment of the code may be reviewed; and (iv) agency summaries of substantive changes in the reenacted code. (b) To inform the public about substantive changes in agency rules contained in the proposed reenactment, each agency shall: (i) make the text of their reenacted rules available: (A) for public review during regular business hours; and (B) in an electronic version; and (ii) comply with the requirements of Subsection 63G-3-301(10). (5) The division shall hold a public hearing on the proposed code reenactment no fewer than 30 days nor more than 45 days after the publication required by Subsection (4)(a). (6) The division shall distribute complete text of the proposed code reenactment without charge to: (a) state-designated repositories in Utah; (b) the Administrative Rules Review Committee; and (c) the Office of Legislative Research and General Counsel. (7) The former code is repealed and the reenacted code is effective at noon on a date designated by the division that is not fewer than 45 days nor more than 90 days after the publication date required by this section. (8) Repeal and reenactment of the code meets the requirements of Section 63G-3-305 for a review of all agency rules.

Amended by Chapter 300, 2008 General Session Renumbered and Amended by Chapter 382, 2008 General Session

## 63G

- 3

- 501. Administrative Rules Review Committee

.

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

members and four ex officio members. (b) (i) The committee's permanent members shall be composed of five members of the Senate, appointed by the president of the Senate, and five members of the House, appointed by the speaker of the House, with no more than three senators and three representatives from the same political party. (ii) The permanent members shall convene at least once each month as a committee to review new agency rules, amendments to existing agency rules, and repeals of existing agency rules. Meetings may be suspended at the discretion of the committee chairs. (iii) Members shall serve for two-year terms or until their successors are appointed. (iv) A vacancy exists whenever a committee member ceases to be a member of the Legislature, or when a member resigns from the committee. Vacancies shall be filled by the appointing authority, and the replacement shall serve out the unexpired term. (c) When the committee reviews existing rules, the committee's permanent members shall invite the Senate and House chairmen of the standing committee and the Senate and House chairmen of the appropriation subcommittee that have jurisdiction over the agency whose existing rules are being reviewed to participate as nonvoting, ex officio members with the

committee. (d) Three representatives and three senators from the permanent members are a quorum for the transaction of business at any meeting. (2) Each agency rule as defined in Section 63G-3-102 shall be submitted to the committee at the same time public notice is given under Section 63G-3-301. (3) (a) The committee shall exercise continuous oversight of the process of rulemaking. (b) The committee shall examine rules submitted by each agency to determine: (i) whether or not they are authorized by statute; (ii) whether or not they comply with legislative intent; (iii) their impact on the economy and the government operations of the state and local political subdivisions; and (iv) their impact on affected persons. (c) To carry out these duties, the committee may examine any other issues that it considers necessary. The committee may also notify and refer rules to the chairmen of the interim committee which has jurisdiction over a particular agency when the committee determines that an issue involved in an agency's rules may be more appropriately addressed by

that committee. (d) In reviewing the rules, the committee shall follow generally accepted principles of statutory construction. (4) The committee may request that the Office of the Legislative Fiscal Analyst prepare a fiscal note on any rule. (5) In order to accomplish its oversight functions, the committee has all the powers granted to legislative interim committees as set forth in Section 36-12-11. (6) (a) The committee may prepare written findings of its review of each rule and may include any recommendations, including legislative action. (b) The committee shall provide to the agency that enacted the rule: (i) its findings, if any; and (ii) a request that the agency notify the committee of any changes it makes in the rule.

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

any person affected by the rule who requests the findings. (d) The committee shall provide its findings to the presiding officers of both the House and the Senate, Senate and House chairs of the standing committee, and the Senate and House chairs of the Appropriation Subcommittee that have jurisdiction over the agency whose rules are the subject of the findings. (7) (a) The committee may submit a report on its review of state agency rules to each member of the Legislature at each regular session. (b) The report shall include: (i) the findings and recommendations made by the committee under Subsection (6); (ii) any action taken by an agency in response to committee recommendations; and (iii) any recommendations by the committee for legislation.

Renumbered and Amended by Chapter 382, 2008 General Session

63G -3- 502



## . Legislative reauthorization of agency rules

-- Extension of rules by governor.
(1) All grants of rulemaking power from the Legislature to a state agency in any statute are made subject to the provisions of this section. (2) (a) Except as provided in Subsection (2)(b), every agency rule that is in effect on February 28 of any calendar year expires on May 1 of that year unless it has been reauthorized by the Legislature. (b) Notwithstanding the provisions of Subsection (2)(a), an agency's rules do not expire

if: (i) the rule is explicitly mandated by a federal law or regulation; or (ii) a provision of Utah's constitution vests the agency with specific constitutional authority to regulate. (3) (a) The Administrative Rules Review Committee shall have omnibus legislation prepared for consideration by the Legislature during its annual general session. (b) The omnibus legislation shall be substantially in the following form: "All rules of Utah state agencies are reauthorized except for the following:". (c) Before sending the legislation to the governor for the governor's action, the Administrative Rules Review Committee may send a letter to the governor and to the agency explaining specifically why the committee believes any rule should not be reauthorized. (d) For the purpose of this section, the entire rule, a single section, or any complete paragraph of a rule may be excepted for reauthorization in the omnibus legislation considered by the Legislature. (4) The Legislature's reauthorization of a rule by legislation does not constitute legislative approval of the rule, nor is it admissible in any proceeding as evidence of legislative

intent. (5) (a) If an agency believes that a rule that has not been reauthorized by the Legislature or that will be allowed to expire should continue in full force and effect and is a rule within their authorized rulemaking power, the agency may seek the governor's declaration extending the rule beyond the expiration date. (b) In seeking the extension, the agency shall submit a petition to the governor that

### affirmatively states:

(i) that the rule is necessary; and (ii) a citation to the source of its authority to make the rule. (c) (i) If the governor finds that the necessity does exist, and that the agency has the authority to make the rule, the governor may declare the rule to be extended by publishing that declaration in the Administrative Rules Bulletin on or before April 15 of that year. (ii) The declaration shall set forth the rule to be extended, the reasons the extension is necessary, and a citation to the source of the agency's authority to make the rule. (d) If the omnibus bill required by Subsection (3) fails to pass both houses of the Legislature or is found to have a technical legal defect preventing reauthorization of administrative rules intended to be reauthorized by the Legislature, the governor may declare all rules to be extended by publishing a single declaration in the Administrative Rules Bulletin on or before June 15 without meeting requirements of Subsections (5)(b) and (c).

Renumbered and Amended by Chapter 382, 2008 General Session



## 63G

- 3

- 601. Interested parties

-- Petition for agency

action

. (1) As used in this section, "initiate rulemaking proceedings" means the filing, for the purposes of publication in accordance with Subsection 63G-3-301(4), of an agency's proposed rule to implement a petition for the making, amendment, or repeal of a rule as provided in this

section. (2) An interested person may petition an agency to request the making, amendment, or repeal of a rule. (3) The division shall prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition. (4) A statement shall accompany the proposed rule, or proposed amendment or repeal of a rule, demonstrating that the proposed action is within the jurisdiction of the agency and appropriate to the powers of the agency. (5) Within 60 days after submission of a petition, the agency shall either deny the petition in writing, stating its reasons for the denial, or initiate rulemaking proceedings. (6) (a) If the petition is submitted to a board that has been granted rulemaking authority by the Legislature, the board shall, within 45 days of the submission of the petition, place the petition on its agenda for review. (b) Within 80 days of the submission of the petition, the board shall either: (i) deny the petition in writing stating its reasons for denial; or (ii) initiate rulemaking proceedings. (7) If the agency or board has not provided the petitioner written notice that the agency has denied the petition or initiated rulemaking proceedings within the time limitations specified in Subsection (5) or (6) respectively, the petitioner may seek a writ of mandamus in state district

court.

Renumbered and Amended by Chapter 382, 2008 General Session



## 63G

- 3

- 602. Judicial challenge to administrative rules

.

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

complaint with the county clerk in the district court where the person resides or in the district court in Salt Lake County. (b) Any person aggrieved by an agency's failure to comply with Section 63G-3-201 may obtain judicial review of the agency's failure to comply by filing a complaint with the clerk of the district court where the person resides or in the district court in Salt Lake County. (2) (a) Except as provided in Subsection (2)(b), a person seeking judicial review under this section shall exhaust that person's administrative remedies by complying with the requirements of Section 63G-3-601 before filing the complaint. (b) When seeking judicial review of a rule, the person need not exhaust that person's

administrative remedies if: (i) less than six months has passed since the date that the rule became effective and the person had submitted verbal or written comments on the rule to the agency during the public comment period; (ii) a statute granting rulemaking authority expressly exempts rules made under authority of that statute from compliance with Section 63G-3-601; or (iii) compliance with Section 63G-3-601 would cause the person irreparable harm. (3) (a) In addition to the information required by the Utah Rules of Civil Procedure, a complaint filed under this section shall contain: (i) the name and mailing address of the plaintiff; (ii) the name and mailing address of the defendant agency; (iii) the name and mailing address of any other party joined in the action as a defendant; (iv) the text of the rule or proposed rule, if any; (v) an allegation that the person filing the complaint has either exhausted the administrative remedies by complying with Section 63G-3-601 or met the requirements for waiver of exhaustion of administrative remedies established by Subsection (2)(b); (vi) the relief sought; and (vii) factual and legal allegations supporting the relief sought. (b) (i) The plaintiff shall serve a summons and a copy of the complaint as required by

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

Civil Procedures. (iii) The agency shall file the administrative record of the rule, if any, with its responsive pleading. (4) The district court may grant relief to the petitioner by: (a) declaring the rule invalid, if the court finds that: (i) the rule violates constitutional or statutory law or the agency does not have legal authority to make the rule; (ii) the rule is not supported by substantial evidence when viewed in light of the whole administrative record; or (iii) the agency did not follow proper rulemaking procedure; (b) declaring the rule nonapplicable to the petitioner; (c) remanding the matter to the agency for compliance with proper rulemaking procedures or further fact-finding; (d) ordering the agency to comply with Section 63G-3-201; (e) issuing a judicial stay or injunction to enjoin the agency from illegal action or action

### that would cause irreparable harm to the petitioner; or

(f) any combination of Subsections (4)(a) through (e). (5) If the plaintiff meets the requirements of Subsection (2)(b), the district court may review and act on a complaint under this section whether or not the plaintiff has requested the agency review under Section 63G-3-601.

Renumbered and Amended by Chapter 382, 2008 General Session

63G -3- 603



## . Time for contesting a rule

-- Statute of limitations.

(1) A proceeding to contest any rule on the ground of noncompliance with the procedural requirements of this chapter shall commence within two years of the effective date of

the rule. (2) A proceeding to contest any rule on the ground of not being supported by substantial evidence when viewed in light of the whole administrative record shall commence within four years of the effective date of the challenged action. (3) A proceeding to contest any rule on the basis that a change to the rule made under Subsection 63G-3-402(2) or (3) substantively changed the rule shall be commenced within two years of the date the change was made.

Renumbered and Amended by Chapter 382, 2008 General Session

63G -3- 701



## . Utah Administrative Code as official compilation of rules

-- Judicial notice.
The code shall be received by all the judges, public officers, commissions, and departments of the state government as evidence of the administrative law of the state of Utah and as an authorized compilation of the administrative law of Utah. All courts shall take judicial notice of the code and its provisions.

Renumbered and Amended by Chapter 382, 2008 General Session

63G -3- 702



## . Utah Administrative Code

-- Organization

-- Official compilation.

(1) The Utah Administrative Code shall be divided into three parts: (a) titles, whose number shall begin with "R"; (b) rules; and (c) sections. (2) All sections contained in the code are referenced by a three-part number indicating

its location in the code. (3) The division shall maintain the official compilation of the code and is the state-designated repository for administrative rules. If a dispute arises in which there is more than one version of a rule, the latest effective version on file with the division is considered the correct, current version.

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

### ADMINISTRATIVE SERVICES

February 13, 2014 Utah Administrative Code (UAC) - 1 - R15. Administrative Services,
Administrative Rules.
R15 -1. Administrative Rule Hearings.
R15 -1- 1. Authority. (1) This rule establishes procedures and
standards for administrative rule hearings as required by
Subsection 63G -3- 402(1)(a). (2) The procedures of
this rule constitute the minimum requirements for mandatory administrative rule hearings. Additional procedures may be required to comply with any other governing statute, federal law, or federal regulation

.

R15 -1- 2. Definitions. (1) Terms used in this
rule are defined in Section
63G -3- 102. (2) In addition: (a) "hearing" means an administrative rule hearing;

a nd (b) "officer" means an administrative rule hearing
officer

.

R15 -1- 3. Purpose. (1) The purpose of this rule is to provide: (a) procedures for agency hearings on proposed
administrative rules or rules changes, or on the need for a rule or change; (b) opportunity for public comment on rules; and (c) opportunity for agency response to public
concerns about rules

.

R15 -1-4. When Agencies Hold Hearings. (1) Agencies shall hold hearings as required by
Subsection 63G -3- 302(2). (2) Agencies may hold hearings: (a) during the public comment period on a proposed rule, after its publication in the bulletin and prior to its effective date; (b) before initiating rulemaking procedures under Title 63G, Chapter 3, to promote public input prior to a rule's publication; (c) during a regular or extraordinary meeting of a state board, council, or commission, in order to avoid separate and additional meetings; or (d) to hear any public petition for a rule change as provided by Section 63G -3- 601. (3) Voluntary hearings, as described in this section, follow the proce dures prescribed by this rule or any other procedures the agency may provide by rule. (4) Mandatory hearings, as described in this section, follow the procedures prescribed by this rule and any additional requirements of
state or federal law. (5) If an agency holds a mandatory hearing under the procedures of this rule during the public comment period
described in Subsection 63G -3- 301(6), no second hearing is required for the purpose of
comment on the same rule or change considered at the first hearing

.

R1 5-1- 5. Hearing Procedures. ( 1) Notice. (a) An agency shall provide notice of a hearing by: (i) publishing the hearing date, time, place, and subject in the bulletin; (ii) mailing copies of

### ADMINISTRATIVE SERVICES

February 13, 2014 Utah Administrative Code (UAC) - 2 - the notice directly to persons who have petitioned for a hearing or rule changes under
Section 63G-3-302 or 63G-3- 601, respectively; and (iii) posting for at least 24 hours in a place in the agency's offices which is frequented by the public. (b) If a rules hearing becomes mandatory after the agency has published the proposed rule in the bulletin, the agency shall notify in writing persons requesting the hearing of the time and place. (c) An agency may provide additional notice of a hearing, and shall give further notice as may otherwise be required by law. (2) Hearing Officer. (a) The agency head shall appoint as hearing officer a person qualified to conduct fairly the hearing. (b) No restrictions apply to this appointment except the officer shall know rulemaking procedure. (c) However, if a state board, council, or commission is responsible for agency rulemaking, and holds a hearing, a member or the body's designee may be the hearing officer. (3) Time. The officer shall open the hearing at the announced time and place and permit comment for a minimum of one hour. The hearing may
be extended or continued to another day as necessary in the judgment of the officer. (4) Comment. (a) At the opening of the hearing, the officer shall explain the subject and purpose of the hearing and invite orderly, germane comment from all persons in attendance. The officer may set time limits for speakers and shall ensure equitable use
of time. (b) The agency shall have a representative at the hearing, other than the officer, who is fa miliar with
the rule at issue and who can respond to requests for information by those in
attendance. (c) The officer shall
invite written comment to be submitted at the hearing or after the hearing, within a
reasonable time. Written
comment shall be at tached to the hearing minutes. (d) The officer shall conduct the hearing as an open, informal, orderly, and informative meeting. Oaths,

cross

- examination, and rules of evidence are not required. (5) The Hearing Record. (a) The officer shall cause to be recorded the name, address, and relevant affiliation of all persons speaking at the hearing, and
cause an electronic or mechanical verbatim recording of the hearing to be made, or make a brief summary, of their
remarks. (b) The hearing record
consist s of a copy of the proposed rule or rule change, submitted written comment, the hearing recording or summary, the list of persons speaking at the hearing, and other pertinent documents as determined by the agency. (c) The hearing officer shall, as soon as practicable, assemble the hearing record and transmit it to the agency
for consideration. (d) The hearing record shall be kept with and as part

### ADMINISTRATIVE SERVICES

February 13, 2014 Utah Administrative Code (UAC) - 3 - of the rule's administrative
record in a file available at the agency offices for public inspection.

R15 -1-8. Decision on an Issue Regarding Rulemaking
Procedure. (1) When a hearing issue requires a decision regarding rulemaking procedure, the
officer shall submit a written request for a decision to the
director as soon as practicable after, or after
recessi ng, the hearing, as provided in Section R15 -5- 6. The director shall reply to the agency head as provided in
Subsection R15 -5-6(2). The
director's decision shall be included in the hearing
record.

R15 -1-9. Appeal and Judicial
Review. (1) Persons may a ppeal the decision of the agency head or the division by petitioning the district court for judicial review as provided by law

.

KEY: administrative law, government hearings
Date of Enactment or Last
Substantive Amendment: June 1, 1996
Notice of Continuation: September 21, 2010 Authorizing, and Implemented or Interpreted Law: 63G -3- 402

R15. Administrative Services,
Administrative Rules.
R15 -2. Public Petitioning for Rulemaking.
R15 -2- 1. Authority. As required by Subsection
63G -3- 601(3), this rule prescribes the form and procedures for submission, consideration, and disposition of petitions r equesting the making, amendment, or repeal
of an administrative rule.

R15 -2- 2. Definitions. (1) Terms used in this
rule are defined in Section
63G -3- 102. (2) Other terms are
defined as follows: (a) "rule change" means: (i) making a new rule; (ii ) amending, repealing, or repealing and reenacting an existing rule; (iii) amending a proposed rule further by filing a change in proposed rule under the provisions of
Section 63G -3- 303; (iv) allowing a proposed (new, amended, repealed, or repealed an d reenacted) rule or change in proposed rule to lapse; or (v) any combination of
the above. (b) "petitioner" means an interested person who submits a petition to an agency pursuant to Section
63G -3- 601 and this rule.

R15 -2- 3. Petition Procedure. (1) The petitioner shall send the petition to the head of the agency authorized by law to make the rule change requested. (2) The agency receiving the petition shall record the date it received the petition.

R15 -2- 4. Petition Form. The petition shall : (a) be clearly designated "petition for a rule change"; (b) state the petitioner's name; (c) state the

### ADMINISTRATIVE SERVICES

February 13, 2014 Utah Administrative Code (UAC) - 4 - petitioner's interest in the rule, including relevant affiliation, if any; (d) include a statementas required by Subsection 63G3-601(4) regarding the requested rule change; (e) state the approximate wording of the requested rule change; (f) describe the reason for the rule change; (g) include an address,
an E-mail address when available, and telephone where the petitioner can be reached during regular business hours;
and (h) be signed by the petitioner.

R15 -2-5. Petition Consideration And Disposition. (1) The agency head or designee shall: (a) review and consider the petition; (b) write a response to the petition stating: (i) that the petition is denied and reasons for denial,

or (ii) the date when the agency is initiating a rule change consistent with the intent of the petition; and (c) send the response to the petitioner within the timeframe provided by Section 63G3- 601. (2) The petitioned agency may, within the timeframe provided by Section 63G3-601, interview the petitioner, hold a public hearing on the petition, or take any action the agency, in its judgment, deems necessary to provide the petition due
consideration. (3) The agency shall retain the petition and a copy of the agency's response as part of the administrative
record. (4) The agency shall mail copies of its decision to all persons who petitioned for a rule change.

KEY: administrative law, open government, transparency
Date of Enactment or Last
Substantive Amendment: December 25, 2006
Notice of Continuation: September 21, 2010 Authorizing, and Implemented or Interpreted Law: 63G -3- 601

R15. Administrative Services,
Administrative Rules.
R15 -3. Definitional
Clarification of
Administrative Rule.
R15 -3-1. Authority, Purpose,
and Definitions. (1) This rule is
authorized under Subsection
63G -3-402(1) which requires
the division to administer the Utah Administrative Rulemaking Act, Title 63G, Chapter 3. (2) This rule clarifies when rulemaking is required, and requirements for incorporation by reference
within rules. (3) Terms used in this
rule are defined in Section
63G -3- 102.

R15 -3- 2. Agency Discretion. (1) A rule may restrict agency discretion to prevent agency personnel from exceeding their scope of employment, or committing arbitrary action or application of standards, or to provide due process for persons affected by agency
actions. (2) A rule may authorize

### ADMINISTRATIVE SERVICES

February 13, 2014 Utah Administrative Code (UAC) - 5 - agency discretion that sets limits, standards, and scope of employment within which a range of actions may be applied by agency personnel. A rule may also establish criteria for granting exceptions to the standards or procedures o f the rule when, in the judgment of authorized personnel, documented
circumstances warrant. (3) An agency may have written policies which broadly prescribe goals and guidelines. Policies are not rules unless they meet the
criteria for rules set forth
under Section 63G -3- 201(2). (4) Within the limits prescribed by Sections 63G -3- 201 and 63G-3-602, an agency has full discretion regarding
the substantive content of its
rules. The division has authority over nonsubstantive
content under Subsections 63G

3-402(2) and (3), and 63G-3- 403(2) and (3), rulemaking procedures, and the physical
format of rules for compilation in the Utah
Administrative Code.

R15 -3-3. Use of Incorporation by Reference in Rules. (1) An agency incorporating materials by
reference a s permitted under
Subsection 63G -3-201(7) shall comply with the following
standards: (a) The rule shall state specifically that the cited material is "incorporated by
reference." (b) If the material contains options, or is modified in its application, the options selected and
modifications made shall be
stated in the rule. (c) If the incorporated material is substantively changed at a later time, and the agency intends to enforc e the revised material, the agency shall amend its rule through rulemaking procedures to incorporate by reference any applicable changes as soon as practicable. (d) In accordance with
Subsection 63G -3- 201(7)(c), an agency shall describe substantive chang es that appear in the materials incorporated by reference as part of the "summary of rule or change" in the rule analysis. (2) An agency shall comply with copyright requirements when it provides the division a copy of material incorporated by
reference.

R15 -3-4. Computer- Prohibited
Material. (1) All rules shall be in a format that permits their compatibility with the division's computer system and compilation into the Utah
Administrative Code. (2) Rules may not contain maps, charts, graphs, diagrams , illustrations, forms, or similar material. (3) The division shall issue and provide to agencies
instructions and standards for formatting rules.

R15 -3-5. Statutory Provisions that Require Rulemaking
Pursuant to Subsection 63G -3- 301(13). For the purposes of
Subsection 63G -3- 301(13), the phrase "statutory provision that requires the rulemaking" means a state statutory

### ADMINISTRATIVE SERVICES

February 13, 2014 Utah Administrative Code (UAC) - 6 - provision that explicitly mandates rulemaking.

KEY: administrative law
Date of Enactment or Last Substantive Amendment: April 30, 200 7
Notice of Continuation: September 21, 2010 Authorizing, and Implemented or Interpreted Law: 63G-3- 201; 63G -3- 301; 63G -3- 402

R15. Administrative Services,
Administrative Rules.
R15 -4. Administrative Rulemaking Procedures.
R15 -4-1. Authority and Purpose. (1) This rule establishes procedures for filing and publication of agency rules under Sections
63G -3-301, 63G-3-303, and 63G3- 304 , as authorized under
Subsection 63G -3- 402(1). (2) The procedures of
this rule constitute minimum requirements for rule filing and publication. Other governing statutes, federal laws, or federal regulations may require additional rule filing and publica tion procedures.

R15 -4- 2. Definitions. (1) Terms used in this
rule are defined in Section
63G -3- 102. (2) Other terms are
defined as follows: (a) "Anniversary date"
means the date that is five years from the original effective date of the rule, or the date that is five years from the date the agency filed
with the division the most recent five-year review required under Subsection 63G

3- 305(3), whichever is sooner. (b) "Digest" means the Utah State Digest that
summarizes the content of the
bulletin as required by
Subsection 63G -3- 402(1)(f); (c) "Codify" means the process of collecting and arranging administrative rules systematically in the Utah Administrative Code, and includes the process of verifying that each amendment was marked as required u nder
Subsection 63G -3- 301(2)(b); (d) "Compliance cost" means expenditures a regulated person will incur if a rule or change is made effective; (e) "Cost" means the aggregated expenses persons as a class affected by a rule will incur if a rule or change is made effective; (f) "eRules" means the
Division's administrative rule filing application that agencies use to file rules and notices; (g) "Savings" means: (i) an aggregated monetary amount that will no longer be incurred by persons as a class if a rule or change is made effective; (ii) an aggregated monetary amount that will be
refunded or rebated if a rule or change is made effective; (iii) an aggregat ed monetary amount of anticipated revenues to be generated for state budgets, local governments, or both if a rule or change is made effective;

or (iv) any combination of these aggregated monetary

amounts. (h) "Unmarked change" means a change made to r ule
text that was not marked as

### ADMINISTRATIVE SERVICES

February 13, 2014 Utah Administrative Code (UAC) - 7 - required by Subsection 63G -3- 301(2)(b).

R15 -4-3. Publication Dates
and Deadlines. (1) For the purposes of
Subsections 63G -3-301(2) and
63G -3- 303(1), an agency shall
file its rule and rule analysis by 11:59:59 p.m. on
the fifteenth day of the month for publication in the bulletin and digest issued on the first of the next month, and by 11:59:59 p.m. on the first day of the month for publication on the fifteenth
of the same month. (a) If the first or fifteenth day is a Saturday, or a Tuesday, Wednesday, Thursday, or Friday holiday, the agency shall file the rule and rule analysis by 11:59:59 p.m. on the previous regular business day. (b) If the first or fifteenth day is a Sunday or Monday holiday, the agency
shall file the rule and rule analysis by 11:59:59 p.m. on the next regular business day. (2) For all purposes,
the official date of publication for the bulletin and digest shall be the first and fifteenth days of each
month.

R15 -4-4. Thirty-day Comment Period for a Proposed Rule and a Change in Proposed Rule. (1) For the purposes of
Sections 63G -3-301 and 63G-3- 303, "30 days" shall be computed by: (a) counting the day after publication of the rule as the first day; and (b) counting the thirtieth consecutive day after the day of publication as the thirtieth day, unless (c) the thirtieth consecutive day is a Saturday, Sunday, or holiday, in which event the thirtieth day is the next regular business day.

R15 -4-5a. Notice of the Effective Date for a Proposed

R ule. (1)(a) Pursuant to
Subsection 63G -3- 301(9), upon expiration of the comment period designated on the rule analysis and filed with the rule, and before expiration of 120 days after publication of a proposed rule, the agency proposing the rule shall

no tify the division of the
date the rule is to become
effective and enforceable. (b) The agency shall notify the division after determining that the proposed rule, in the form published,
shall be the final form of the rule, and after informing the
division of any nonsubstantive changes in the rule as provided for in Section R15 -4-
6. (2)(a) The agency shall notify the division by filing
with the division a Notice of Effective Date form using
eRules. (b) If the eRules Notice
of Effective Date form is unavailable to the agency, the agency may notify the division by any other form of written
communication clearly identifying the proposed rule, stating the date the rule was
filed with the division or published in the bulletin, and stating its effective date. (3) The date designated
as the effective date shall
be: (a) at least seven days

### ADMINISTRATIVE SERVICES

February 13, 2014 Utah Administrative Code (UAC) - 8 - after the comment period specified on the rule analysis; or (b) if the agency formally extends the comment period for a proposed rule by publishing a subsequent notice
in an issue of the bulletin, at least seven days after the extended comment period. (4) The division shall publish notice of the
effective date in the next
issue of the bulletin. There is no publication deadline for
a notice of effective date for a proposed rule, nor requirement that it be published prior to the
effective date.

R15 -4-5b. Notice of the Effective Date for a Change in Proposed Rule. (1)(a) Upon expiration of the 30-day period required by Section 63G-3-303, and before expiration of the 120th day after publication of a change in proposed rule, the agency promulgating the rule shall notify the division of
the date the rule is to become
effective and enforceable. (b) The agency shall notify the division after determining that the rule text as published is the final form of the rule, and after informing the division of any nonsubstantive changes in the rule as provided for in
Section R15 -4- 6. (2)(a) The agency shall notify the division by filing
with the division a Notice of Effective Date form using
eRules. (b) If the eRules Notice
of Effective Date form is unavailable to the agency, the agency may notify the division by any other form of written
communication clearly identifying the change in proposed rule and any rules upon which the change in proposed rule is dependent, stating the date the rules
were filed with the division or published in the bulletin, and stating the effective
d ate. (3) The date designated
as the effective date shall
be: (a) at least 30 days after the publication date of the rule in the bulletin, or (b) if the agency designated a comment period, at least seven days after a comment period designated by the agency on the rule analysis or formally extended by publication of a subsequent
notice in the bulletin. (4) The division shall publish notice of the
effective date in the next
issue of the bulletin. There is no publication deadline for
the notice of effective date for a change in proposed rule, nor requirement that it be published prior to the
effective date.

R15 -4-6. Nonsubstantive Changes in Rules. (1) Pursuant to
Subsections 63G -3- 201(4)(d)
and 63G-3- 303(2), for the purpose of making rule changes that are grammatical or do not materially affect the application or outcome of agency procedures and standards, agencies shall comply with the procedures of
this section. (2) The agency proposing a change shall determine if the change is substantive or

### ADMINISTRATIVE SERVICES

February 13, 2014 Utah Administrative Code (UAC) - 9 - nonsubstantive according to
the criteria cited in
Subsection R15 -4- 6(1). (a) The agency may seek the advice of the Attorney General or the division, but the agency is responsible for compliance with the cited
criteria. (3) Without complying with regular rulemaking procedures, an agency may make nonsubstantive changes in: (a) proposed rules already published in the bulletin and digest but not made effective, or (b) rules already
effective. (4) To make a nonsubstantive change in a rule, the agency shall: (a) notify the division by filing with the division the form designated for nonsubstantive changes; (b) include with the
notice the rule text to be changed, with changes marked as required by Section R15-4- 9; and (c) include with the notice the name of the agency head or designee authorizing the change. (5) A nonsubstantive change becomes effective on
the date the division makes the change in the Utah
Administrative Code. (6) The division shall
record the nonsubstantive change and its effective date
in the administrative rules register.

R15 -4-7. Substantive Changes in Proposed Rules. (1) Pursuant to Section
63G -3-303, agencies shall comply with the procedures of this section when making a substantive change in a proposed rule. (a) The pro cedures of this section apply if: (i) the agency determines a change in the rule is necessary; (ii) the change is
substantive under the criteria
of Subsection 63G -3- 102(19); (iii) the rule was published as a proposal in the bulletin and digest; and (iv) the rule has not
been made effective under the procedures of Subsection 63G

3- 303(1)(d) and Section R15 -4-
5. (b) If the rule is already effective, the agency shall comply with regular rulemaking procedures. (2) To make a substantive change in a

p roposed rule, the agency
shall file with the division: (a) a rule analysis, marked to indicate the agency intends to change a rule already published, and describing the change and reasons for it; and (b) a copy of the proposed rule previously published in the bulletin marked to show only those changes made since the proposed rule was previously published as described in
Section R15 -4- 9. (3) The division shall publish the rule analysis in
the next issue of the bulletin, subject to the publication deadl ines of
Section R15 -4-3. The division may also publish the changed
text of the rule. (4) The agency may make a change in proposed rule effective by following the requirements of Section R15 -4-

### ADMINISTRATIVE SERVICES

February 13, 2014 Utah Administrative Code (UAC) - 10 - 5, or may further amend the rule by following the procedures of Sections R15-4- 6
or R15 -4- 7.

R15 -4-8. Temporary 120- day
Rules. (1) Pursuant to Section
63G -3-304, for the purpose of filing a temporary rule, an agency shall comply with the procedures of this section. (2) The agency proposing a temporary rule sha ll
determine if the need for the rule complies with the
criteria of Subsection 63G -3- 304(1). (a) The division interprets the criteria of
Subsection 63G -3-304(1) to include under "welfare" any
substantial material loss to the classes of persons or agencie s the agency is mandated to regulate, serve, or protect. (3) The agency shall use the same procedures for filing and publishing a temporary rule as for a permanent rule, except: (a) the rule shall
become effective and enforceable on the day and hour it is recorded by the division unless the agency designates a later effective date on the rule analysis; (b) no comment period is

necessary; (c) no public hearing is necessary; and (d) the rule shall expire 120 days after the
rule's effective date unle ss the filing agency notifies the division, on the form or by memorandum, of an earlier expiration date. (4) A temporary rule is separate and distinct from a rule filed under regular rulemaking procedures, though the language of the two rules may be identical. To make a temporary rule permanent, the agency shall propose a separate rule for regular rulemaking. (5) When a temporary rule and a similar regular
rule are in effect at the same time, any conflict between the provisions of the two are
resolved in favor of the rule
with the most recent effective date, unless the agency designates otherwise as part of the rule analysis. (6) A temporary rule has
the full force and effect of a permanent rule while in effect, but a temporary rule
is not codified in the Utah
Administrative Code.

R15 -4-9. Underscoring and Striking Out. (1) (a) Pursuant to
Subsection 63G -3- 301(2)(b), an agency shall underscore language to be added and strike out language to be deleted in proposed rules. (b) Consistent with
Subsec tion 63G-3- 301(2)(b), an agency shall underscore language to be added and strike out language to be deleted in changes in proposed rules, 120-day rules, and nonsubstantive changes. (c) Consistent with legislative bill drafting technique, the struck out

l anguage shall be surrounded by brackets. (2) When an agency proposes to make a new rule or section, the entire proposed
text shall be underscored. (3)(a) When an agency proposes to repeal a complete

### 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
in clude with the rule analysis a copy of the text to be
deleted in one of the following formats: (i) each page annotated "repealed in its entirety" or (ii) the entire text struck out in its entirety and surrounded by one set of
brackets. (c) The division shall not publish repealed rules unless space is available within the page limits of the
bulletin. (4) When an agency fails to mark a change as described in this section, the director or his designee may refuse to codify the change. When determining whether or not to codify an unmarked change, the
director shall consider: (a) whether the unmarked change is substantive or nonsubstantive; and (b) if the purpose of public notification has been adequately served. (5) The director's refusal to codify an unmarked change means that the change is not operative for the purposes of Section 63G -3- 701 and that the agency must comply with regular rulemaking procedures to make the change.

R15 -4-10. Estimates of Anticipated Cost or Savings, and Compliance Cost. (1) Pursuant to
Subsections 63G -3- 301(3), 63G

3- 303(1), 63G -3- 304(2), and 53C -1- 201(3), when an agency files a proposed rule, change in proposed rule, 120- day (emergency) rule, or expedited rule and provides anticipated cost or savings, and compliance cost information in the rule analysis, the agency
shall: (a) estimate the incremental cost or savings and incremental compliance
cost associated with the changes proposed by the rule or change; (b) estimate the incremental cost or savings and incremental compliance cost in dollars, except as otherwise provided in
Subsections R15 -4-10(4) and (5); (c) indicate that the
amount is either a cost or a savings; and (d) estimate the incremental cost or savings expected to accrue to "state budgets," "local governments," "small businesses," and "persons other than small businesses, businesses, or local governmental entities" as aggregated cost or savings; (2) In addition, an

agency may: (a) provide a narrative description of anticipated cost or savings, a nd compliance cost; (b) compare anticipated cost or savings, and compliance cost figures, for the rule or change to: (i) current budgeted
costs associated with the existing rule, (ii) figures reported on
a fiscal note attached to a related legislative bill, or (iii) both (i) and (ii). (3) If an agency chooses

### 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 cost

related actions required by the rule or change, and explain the reason or reasons
for the substitution. (5) If no cost, savings, or compliance cost is
associated with the rule or change, an agency may enter "none," "no impact," or
similar words in the rule analysis followed by a written explanation of how the agency
estimated that there would be no impact, or how the proposed rule, or changes made to an existing rule does not apply to "state budgets," "local government," "small businesses," "persons other than small businesses, businesses, or local governmental entities," or any
combination of these. (6) If an agency does not provide an estimate of cost, savings, compliance cost, or a reasoned narrative description of cost information; or a written explanation as part of the rule analysis in compliance with this section, the Division may, afte r making an attempt to obtain the required information, refuse to register and publish the rule or change. If the Division refuses to register and publish a rule or change, it shall: (a) return the rule or change to the agency with a notice indicating that the
Division has refused to register and publish the rule or change; (b) identify the reason or reasons why the Division refused to register and publish the rule or change;
and (c) indicate the filing
deadlines for the next issue
of the Bulletin.

KEY: administrative law
Date of Enactment or Last Substantive Amendment: August 24, 2007
Notice of Continuation: September 21, 2010 Authorizing, and Implemented or Interpreted Law: 63G-3- 301; 63G-3-303; 63G-3- 304;
63G -3- 402

R15. Administrative Services,
Administrative Rules.
R15 -5. Administrative Rules Adjudicative Proceedings.
R15 -5- 1. Purpose. (1) This rule provides the procedures for informal adjudicative proceedings governing: (a) appeal and review of a decision by the division not to publish an agency's proposed rule or rule change or not to register an agency's notice of effective date; and (b) a determination by the division whether an agency rule meets the procedural requirements of Title 63G, Chapter 3, the Utah Administrative Rulemaking Act. (2) The informal procedures of this rule apply
to all other division actions for which an adjudicative

### 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 s ummarizes the
content of the bulletin as required under Subsection 63G

3- 402(1)(f).

R15 -5-4. Refusal to Publish or Register a Rule or Rule Change. (1) The division shall not publish a proposed rule or rule change when the division determines the agency has not met the requirements of Title 63G, Chapter 3, or of Rules
R15

- 3 or R15

- 4. (2) The division shall not register an agency's notice of effective date, nor codify the rule or rule change
in the Utah Administrative Code, if the agency exceeds the 120-day limit required by
Subsection 63G -3- 301(6)(a) as interpreted in Section R15 -4-
5. (3) The division shall notify the agency of a refusal to publish or register a rule or rule change, and shall advise and assist the agency in correcting any error or omission, and in re -filing to meet statutory and regulatory
criteria.

R15 -5-5. Appeal of a Refusal to Publish or Register a Rule or Rule Change. (1) An agency may request a review of a division refusal to publish or register a rule or rule change by filing a written petition for
review with the division
director. (2) The division director shall grant or deny the petition within 20 days, and respond in writing giving the reasons for any denial. (3) The agency may appeal the decision of the division director by filing a written appeal to the
Executive Director of the Department of Administrative Services within 20 days of receipt of the division
direc tor's decision. The
Executive Director shall respond within 20 days affirming or reversing the
division director's decision.

R15 -5-6. Determining the Procedural Validity of a Rule. (1) A person may contest the procedural validity, or request a determi nation of
whether a rule meets the requirements of Title 63G, Chapter 3, by filing a written petition with the division. (a) The rule at issue may be a proposed rule or an
effective rule. (b) The petition must be received by the division within the two-year limit set by Section 63G -3- 603. (c) The petition may emanate from a rulemaking hearing as in Section R15 -1- 8. (d) The petition shall specify the rule or rule change at issue and reasons why the petitioner deems it procedurally flawed or

### 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 agencyand assist the agency in refiling or otherwise remedying the procedural omission or
error in the rule. (3) A rule the division determines is procedurally valid shall be published and registered promptly.

KEY: administrative procedures, administrative law
Date of Enactment or Last
Substantive Amendment: June 1, 1996
Notice of Continuation: September 22, 2010 Authorizing, and Implemented or Interpreted Law: 63G-3- 402; 63G-4-202; 63G-4- 203;
63G -4- 503

# 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 8 1.345 (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

### 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 re gistered 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 sh all 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.

### 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

# Comments/ Hearing195 North 1950 West • Salt Lake City, Utah Mailing Address: P.O. Box 144820 • Salt Lake City, Utah 84114-48 20 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 pub lic 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 R3 07-302-1, 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 appl ies 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, theDAQ-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 ownershi p 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 asse sses the findings from the workshop and determines how to best implement those findings.

Staff Recommendation: Staff recommends the Board adopt R307-302 as proposed.

# Effective RuleR307-302


### DAR No. 38166 

### AMD

Effective 

### March 6,2014R307. 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 effectivedate 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

!-darNOTICES 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

# 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.