State of Utah 

Department of 

Environmental Quality 

Dianne R. Nielson, Ph.D. 

Executive Director 

DIVISION OF AIR QUALITY 

Richard W. Sprott 

Director 

May 8, 2006 

JON M. HUNTSMAN, JR. 

Governor 

GARY HERBERT 

Lieutenant Governor MAY 2 k 2006 

DAQP-022a-06 

Richard Long, Director 

Air and Radiation Program 

US EPA Region Vm 8P-AR 

999 18* Street, Suite 300 

Denver, CO 80202-2466 

Dear Mr. Long: 

Enclosed are five copies of Administrative Documentation for the revision of Utah's 

Smoke Management rule that were submitted by Governor Huntsman on May 8, 2006. 

If you have questions, you can reach me at (801) 536-4022. I look forward to working 

with you and your staff toward early approval of this submittal. 

Sincerel 

Rtetiird W. Sprott 

RWS/MC/kd 

Enclosures 

150 North 1950 West • PO Box 144820 • Salt Lake City. UT 84114-4820 • phone (801) 536-4000 • tax (801) 536-4099 

T.D.D. (801) 536-4414 • www.deq.iitah.gov 
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State of Utah 

JON M. Hl.iNISMAN. JR. 

Cii)vcnii>r 

GARY R. III;RI3I;RI 

l.iciiii'iiiinl Govi'nwr 

Office ofthe Governor 

May 8,2006 

Robert E. Roberts, Regional Administrator 

US EPA Region 8 

Mail Code 8-RA 

999 18th Street, Suite 300 

Denver, Colorado 80202-2466 

Dear Mr. Roberts: 

I respectfully request that you approve the enclosed revision of Utah's Smoke 

Management Rule. The Smoke Management rule has been revised to enhance Utah's smoke 

management program by providing land managers more flexibility when igniting small 

prescribed fires with minimal risk. In addition, to better protect the public health, revisions to 

this rule will require land managers to submit additional information for wild land fire use 

events. Further, a new section has been added to clarify the procedures for igniting large 

prescribed pile fires which will aid in reducing the risk of wild land fires. Finally, other changes 

were made to this rule to ensure consistency between Utah's Smoke Management Plan and the 

rule. 

The Utah Department of Environmental Quality, Division of Air Quality, will submit 

supporting documentation for this revision. If you have questions regarding this request, you 

may call Richard W. Sprott, Director ofthe Utah Division of Air Quality, at (801) 536-4022. 

Sincerely, 

JjIpZ^ 

Jon M. Huntsman, Jr. 

Governor 

Enclosures 

l-asi (.'apilol Complex IJtiililing. Siiiic i:22(), Siill 1 ako Ciiy. Ulah 841 14 
6 

UTAH 

Administrative Documentation 

R307-204 

Smoke Management 

State of Utah 

Department of Environmental Quality 

Division of Air Quality 

150 N. 1950 West 

P.O. Box 144820 

Salt Lake City, Utah 84114-4820 

801-536-4000 

May 2006 

r^ 
R307-204 Smoke Management Update 

ADMINISTRATIVE DOCUMENTATION 

Table of Contents 

Legal Authority 

Utah Code Title 19, Chapter 2, Air Conservation Act 1 

Utah Code Title 63, Chapter 46a, Administrative Rulemaking Act 19 

Utah Administrative Code, RI5, Administrative Rules 30 

Proposed for Public Comment 

R307-204: DAR Bulletin (March 1, 2006) Rule Analysis Form, DAR #28501 P - 1 

Text of rule P- 2 

Public Hearing 

Affidavit of newspaper notice H- 1 

Hearing statements and rosters H- 2 

Effective Rule 

Certified text, R307-204 (DAR #28501) E - 1 

DAR Bulletin (May 1, 2006) Effective Date Notice E - 6 

Certification 

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TITLE 19 

ENVIRONMENTAL QUALITY CODE 

Chapter 2 

Air Conservation Act 

Last amended April 22,2005 

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 ofthe 

people, promote the economic and social development of this state, and facilitate the enjoyment 

of the natural attractions of this state. 

(3) Local and regional air pollution control programs shall be supported to the extent 

practicable as essential instruments to secure and maintain appropriate levels of air quality. 

(4) The purpose of this chapter is to; 

(a) provide for a coordinated statewide program of air pollution prevention, abatement, and 

control; 

(b) provide for an appropriate distribution of responsibilities among the state and local units of 

government; 

(c) facilitate cooperation across jurisdictional lines in dealing with problems of air pollution 

not confined within single jurisdictions; and 

(d) provide a framework within which air quality may be protected and consideration given to 

the public interest at all levels of planning and development within the state. 

19-2-102. Definitions. As used in this chapter: 

(1) "Air contaminant" means any particulate matter or any gas, vapor, suspended solid, or any 

combination of them, excluding steam and water vapors. 

(2) "Air contaminant source" means all sources of emission of air contaminants whether 

privately or publicly owned or operated. 

(3) "Air pollution" means the presence in the ambient air of one or more air contaminants in 

the quantities and duration and under conditions and circumstances as is or tends to be injurious 

to human health or welfare, animal or plant life, or property, or would unreasonably interfere with 

the enjoyment of life or use of property, as determined by the rules adopted by the board. 

(4) "Ambient air" means the surrounding or outside air. 

(5) "Asbestos" means the asbestiform varieties of serpentine (chrysotile), riebeckite 

(crocidolite), cummingtonite-grunerite, anthophyllite, and actinolite-tremolite. 

(6) "Asbestos-containing material" means any material containing more than 1% asbestos, as 

determined using the method adopted in 40 CFR Part 61, Subpart M, National Emission Standard 

for Asbestos. 

(7) "Asbestos inspection" means an activity undertaken to determine the presence or location, 

or to assess the condition of, asbestos-containing material or suspected asbestos-containing 

material, whether by visual or physical examination, or by taking samples of the material. 

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

(b) "Board" means, as used in Sections 19-2-123 through 19-2-126, the Air Quality Board or 

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the Water Quality Board. ^.-v 

(9) "Executive secretary" means the executive secretary ofthe board. ^ J 

(10) (a) "Facility" means machinery, equipment, structures, or any part or accessories of them, 

installed or acquired for the primary purpose of controlling or disposing of air pollution. 

(b) "Facility" does not include an air conditioner, fan, or other similar facility for the comfort 

ofpersonnel. 

(11) "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. 

(12) "hidirect 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. 

(13) (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 ofthe 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 pubUc or quasi-public sewerage system. 

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

expenses. (1) The board comprises 11 members, one of whom shall be the executive director and 

ten of whom shall be appointed by the governor with the consent ofthe Senate. 

(2) The members shall be knowledgeable of air pollution matters and shall be: 

(a) a practicing physician and surgeon licensed in the state not connected with industry; 

(b) a registered professional engineer who is not from industry; 

(c) a representative from municipal government; 

(d) a representative from county government; 

(e) a representative from agriculture; 

(f) a representative from the mining industry; 

(g) a representative from manufacturing; 

(h) a representative from the fijel industry; and 

(i) two representatives of the public not representing or connected with industry, at least one of 

whom represents organized environmental interests. 

(3) No more than five of the appointed members shall belong to the same political party. 

(4) The majority ofthe members may not derive any significant portion of their income from 

persons subject to permits or orders under this chapter. Any potential conflict of interest of any 

member or the executive secretary, relevant to the interests of the board, shall be adequately 

disclosed. 

(5) Members serving on the Ah" Conservation Committee created by Chapter 126, Laws of 

Utah 1981, as amended, shall serve as members of the board throughout the terms for which they ^P% 

were appointed. ^L y 

(6) (a) Except as required by Subsection (6)(b), members shall be appointed for a term of four 

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years. 

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

appointment or reappointment, adjust the length of terms to ensure that the terms of board 

members are staggered so that approximately half of the board is appointed every two years. 

(7) Members may serve more than one term. 

(8) 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. 

(9) When a vacancy occurs in the membership for any reason, the replacement shall be 

appointed for the unexpired term. 

(10) The board shall elect annually a chair and a vice chair from its members. 

(11) (a) The board shall meet at least quarterly, and special meetings may be called by the 

chair upon his own initiative, upon the request ofthe executive secretary, or upon the request of 

three members of the board. 

(b) Three days' notice shall be given to each member ofthe board prior to any meeting. 

(12) Six members constitute a quorum at any meeting, and the action of a majority of members 

present is the action ofthe board. 

(13) (a) (i) Members who are not government employees shall receive no compensation or 

benefits for their services, but may receive per diem and expenses incurred in the perfomiance of 

the member's official duties at the rates established by the Division of Finance under Sections 

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

(ii) Members may decline to receive per diem and expenses for their service. 

(b) (i) State government officer and employee members who do not receive salary, per diem, 

or expenses from their agency for their service may receive per diem and expenses incurred in the 

performance of their official duties from the board at the rates established by the Division of 

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

(ii) State government officer and employee members may decline to receive per diem and 

expenses for their service. 

(c) (i) Local government members who do not receive salary, per diem, or expenses from the 

entity that they represent for their service may receive per diem and expenses incurred in the 

performance of their official duties at the rates established by the Division of Finance under 

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

(ii) Local government members may decline to receive per diem and expenses for their 

service. 

19-2-104. Powers of board. (1) The board may make rules in accordance with Title 63, Chapter 

46a, Utah Administrative Rulemaking Act: 

(a) regarding the control, abatement, and prevention of air pollution from all sources and the 

establishment ofthe 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 ofthe air contaminant; and 

(iii) provide access to records relating to emissions which cause or contribute to air pollution; 

(d) implementing 15 U.S.C.A. 2601 et seq. Toxic Substances Control Act, Subchapter II -

Asbestos Hazard Emergency Response, and reviewing and approving asbestos management plans 

submitted by local education agencies under that act; 

(e) establishing a requirement for a diesel emission opacity inspection and maintenance 

program for diesel-powered motor vehicles; 

(f) implementing an operating permit program as required by and in conformity with Titles IV 

From Website of Utah Legislature Printed April 14, 2006 
and V of the federal Clean Au- Act Amendments of 1990; ^_^^ 

(g) establishing requirements for county emissions inspection and maintenance programs after 

obtaining agreement from the counties that would be affected by the requirements; ^ ^ 

(h) with the approval ofthe governor, implementing in air quality nonattainment areas 

employer-based trip reduction programs applicable to businesses having more than 100 

employees at a single location and applicable to federal, state, and local governments to the extent 

necessary to attain and maintain ambient au: quality standards consistent with the state 

implementation plan and federal requirements under the standards set forth in Subsection (2); and 

(i) implementing lead-based paint remediation training, certification, and performance 

requirements in accordance with 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act, 

Subchapter IV ~ Lead Exposure Reduction, Sections 402 and 406. 

(2) When implementing Subsection (l)(h) the board shall take into consideration: 

(a) the impact ofthe business on overall air quality; and 

(b) the need of the business to use automobiles in order to carry out its business purposes. 

(3) The board may: 

(a) hold hearings relating to any aspect of or matter in the administration of this chapter and 

compel the attendance of witnesses and the production of documents and other evidence, 

administer oaths and take testimony, and receive evidence as necessary; 

(b) issue orders necessary to enforce the provisions of this chapter, enforce the orders by 

appropriate administrative and judicial proceedings, and institute judicial proceedings to secure 

compliance with this chapter; 

(c) settle or compromise any civil action initiated to compel compliance with this chapter and 

the rules made under this chapter; 

(d) secure necessary scientific, technical, administrative, and operational services, including 

laboratory facilities, by contract or otherwise; ^...^ 

(e) prepare and develop a comprehensive plan or plans for the prevention, abatement, and 

control of air pollution in this state; ^mm^ 

(f) encourage voluntary cooperation by persons and affected groups to achieve the purposes of 

this chapter; 

(g) encourage local units of government to handle air pollution within their respective 

jurisdictions on a cooperative basis and provide technical and consultative assistance to them; 

(h) encourage and conduct studies, investigations, and research relating to air contamination 

and air pollution and their causes, effects, prevention, abatement, and control; 

(i) determine by means of field studies and sampling the degree of air contamination and air 

pollution in all parts of the state; 

(j) monitor the effects of the emission of air contaminants from motor vehicles on the quality 

ofthe outdoor atmosphere in all parts of this state and take appropriate action with respect to 

them; 

(k) collect and disseminate information and conduct educational and training programs 

relating to air contamination and air pollution; 

(I) advise, consult, contract, and cooperate with other agencies ofthe state, local governments, i 

industries, other states, interstate or interlocal agencies, the federal government, and with 

interested persons or groups; 

(m) consuk, upon request, with any person proposing to construct, install, or otherwise acquire 

an air contaminant source in the state concerning the efficacy of any proposed control device, or 

system for this source, or the air pollution problem which may be related to the source, device, or 

system, but a consultation does not relieve any person from compliance with this chapter, the 

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

(n) accept, receive, and administer grants or other ftinds or gifts from public and private 

agencies, including the federal government, for the purpose of carrying out any ofthe frinctions 

of this chapter; 

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(o) require the owner and operator of each new source which directly emits or has the potential 

to emit 100 tons per year or more of any air contaminant or the owner or operator of each existing 

source which by modification will increase emissions or have the potential of increasing 

emissions by 100 tons per year or more of any air contaminant, to pay a fee sufficient to cover the 

reasonable costs of: 

(i) reviewing and acting upon the notice required under Section 19-2-108; and 

(ii) implementing and enforcing requirements placed on the sources by any approval order 

issued pursuant to notice, not including any court costs associated with any enforcement action; 

(p) assess and collect noncompliance penalties as required in Section 120 of the federal Clean 

Air Act, 42 U.S.C. Sec. 7420; 

(q) meet the requirements of federal air pollution laws; 

(r) establish work practice, certification, and clearance air sampling requirements for persons 

who: 

(i) contract for hire to conduct demolition, renovation, salvage, encapsulation work involving 

friable asbestos-containing materials, or asbestos inspections; or 

(ii) conduct work described in Subsection (3)(r)(i) in areas to which the general public has 

unrestrained access or in school buildings that are subject to the federal Asbestos Hazard 

Emergency Response Act of 1986; 

(iii) conduct asbestos inspections in facilities subject to 15 U.S.C.A. 2601 et seq.. Toxic 

Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response; or 

(iv) conduct lead paint inspections in facilities subject to 15 U.S.C.A. 2601 et seq.. Toxic 

Substances Control Act, Subchapter IV ~ Lead Exposure Reduction; 

(s) establish certification requirements for persons required under 15 U.S.C.A. 2601 et seq.. 

Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response, to be 

accredited as inspectors, management planners, abatement project designers, asbestos abatement 

contractors and supervisors, or asbestos abatement workers; 

(t) establish certification requirements for asbestos project monitors, which shall provide for 

experience-based certification of persons who, prior to establishment ofthe certification 

requirements, had received relevant asbestos training, as defined by rule, and had acquired at least 

1,()00 hours of experience as project monitors; 

(u) 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 59-10-127; 

(v) establish a program to certify private sector air quality permitting professionals (AQPP), as 

described in Section 19-2-109.5; and 

(w) establish certification requirements for persons required under 15 U.S.C.A. 2601 et seq.. 

Toxic Control Act, Subchapter IV ~ Lead Exposure Reduction, to be accredited as inspectors, 

risk assessors, supervisors, project designers, or abatement workers. 

(4) Any rules adopted under this chapter shall be consistent with provisions of federal laws, if 

any, relating to control of motor vehicles or motor vehicle emissions. 

(5) Nothing in this chapter authorizes the board to require installation of or payment for any 

monitoring equipment by the owner or operator of a source if the owner or operator has installed 

or is operating monitoring equipment that is equivalent to equipment which the board would 

require under this section. 

19-2-105. Duties of board. The board, in conjunction with the governing body of each county 

identified in Section 41-6a-1643 and other interested parties, shall perform an evaluation ofthe 

inspection and maintenance program developed under Section 41-6a-1643 including issues 

relating to: 

(1) the implementation of a standardized inspection and maintenance program; 

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

From Website of Utah Legislature Printed April 14, 2006 
(3) out-of-county registration of vehicles used within the areas required to have an inspection 

and maintenance program; 

(4) use ofthe farm truck exemption; 

(5) mechanic training programs; 

(6) emissions standards; and 

(7) emissions waivers. 

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. Executive secretary — Appointment — Powers. (1) The executive secretary shall be 

appointed by the executive director, with the approval of the board, and shall serve under the 

administrative direction of the executive director. 

(2) The executive secretary may: 

(a) develop programs for the prevention, control, and abatement of new or existing air 

pollution resources of the state; 

(b) advise, consult, and cooperate with other agencies ofthe state, the federal government, 

other states and interstate agencies, and with affected groups, political subdivisions, and 

industries in fiirtherance ofthe purposes of this chapter; 

(c) employ full-time employees necessary to carry out this chapter; 

(d) as authorized by the board, subject to the provisions of this chapter, authorize any 

employee or representative of the department to enter at reasonable time and upon reasonable 

notice in or upon public or private property for the purposes of inspecting and investigating 

conditions and plant records concerning possible air pollution; 

(e) encourage, participate in, or conduct studies, investigations, research, and demonstrations 

relating to air pollution and causes of it as advisable and necessary for the discharge of duties 

assigned under this chapter, including the establishment of inventories of pollution sources; 

(f) collect and disseminate information relating to air pollution and the prevention, control, and 

abatement of it; 

(g) as authorized by the board subject to the provisions of this chapter, enforce rules through 

the issuance of orders, including: 

(i) prohibiting or abating discharges of wastes affecting ambient air; 

(ii) requiring the construction of new 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 

(iii) the adoption of other remedial measures to prevent, control, or abate air pollution; 

(h) review plans, specifications, or other data relative to pollution control systems or any part 

of the systems provided in this chapter; 

(i) as authorized by the board, subject to the provisions of this chapter, exercise all incidental 

powers necessary to carry out the purposes of this chapter, including certification to any state or 

federal authorities for tax purposes the fact of construction, installation, or acquisition of any 

facility, land, building, machinery, or equipment or any part of them, in conformity with this 

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chapter; 

(j) cooperate with any person in studies and research regarding air pollution, its control, 

abatement, and prevention; and 

(k) represent the state with the specific concurrence of the executive director in all matters 

pertaining to interstate air pollution, including interstate compacts and similar agreements. 

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

executive secretary to prohibit construction ~ Hearings — Limitations on authority of board 

~ Inspections authorized. (1) The board shall require that notice be given to the executive 

secretary by any person planning to construct a new installation which will or might reasonably 

be expected to be a source or indirect source of air pollution or to make modifications to an 

existing installation which will or might reasonably be expected to increase the amount of or 

change the character or effect of air contaminants discharged, so that the installation may be 

expected to be a source or indirect source of air pollution, or by any person planning to install an 

air cleaning device or other equipment intended to control emission of air contaminants. 

(2) (a) (i) The executive secretary may require, as a condition precedent to the construction, 

modification, installation, or establishment ofthe air contaminant source or indirect source, the 

submission of plans, specifications, and other information as he finds necessary to determine 

whether the proposed construction, modification, installation, or establishment will be in accord 

with applicable rules in force under this chapter. 

(ii) Plan approval for an indirect source may be delegated by the executive secretary to a local 

authority when requested and upon assurance that the local authority has and will maintain 

sufficient expertise to insure that the planned installation will meet the requirements established 

by law. 

(b) If within 90 days after the receipt of plans, specifications, or other information required 

under this subsection, the executive secretary determines that the proposed construction, 

installation, or establishment or any part of it will not be in accord with the requirements of this 

chapter or applicable rules or that further time, not exceeding three extensions of 30 days each, is 

required by the board to adequately review the plans, specifications, or other information, he shall 

issue an order prohibiting the construction, installation, or establishment of the air contaminant 

source or sources in whole or in part. 

(3) In addition to any other remedies, any person aggrieved by the issuance of an order either 

granting or denying a request for the construction of a new installation, and prior to invoking any 

such other remedies shall, upon request, in accordance with the rules of the board, be entitled to a 

hearing. Following the hearing, the permit may be affirmed, modified, or withdrawn. 

(4) Any features, machines, and devices constituting parts of or called for by plans, 

specifications, or other information submitted under Subsection (1) shall be maintained in good 

working order. 

(5) This section does not authorize the board to require the use of machinery, devices, or 

equipment from a particular supplier or produced by a particular manufacturer if the required 

performance standards may be met by machinery, devices, or equipment otherwise available. 

(6) (a) Any authorized officer, employee, or representative ofthe board may enter and 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 puipose of 

ascertaining the state of compliance with this chapter and the rules adopted under it. 

(b) (i) A person may not refuse entry or access to any authorized representative ofthe board 

who requests entry for pmposes 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. 

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

Adoption of emission control requirements. (1) (a) The board, in adopting standards of quality 

for ambient air, shall conduct public hearings. 

(b) Notice of any public hearing for the consideration, adoption, or amendment of air quality 

standards shall specify the locations to which the proposed standards apply and the time, date, 

and place ofthe hearing. 

(c) The notice shall be published at least twice in any newspaper of general circulation in the 

area affected and shall be mailed at least 20 days before the public hearing to the chief executive 

of each political subdivision of the area affected and to other persons the executive secretary has 

reason to believe will be affected by the standards. 

(d) The adoption of air quality standards or any modification or changes to air quality 

standards shall be by order of the executive secretary following formal action of the board with 

respect to the standards. 

(e) The order shall be published in a newspaper of general circulation in the area affected. 

(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 19-2-1093: 

(a) "EPA" means the federal Environmental Protection Agency. 

(b) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990. 

(c) "Operating permit" means a permit issued by the executive secretary to sources of air ^R

pollution that meet the requirements of Tides FV and V of the 1990 Clean Air Act. W

(d) "Program" means the air pollution operating permit program established under this section ^'-—^ 

to comply with Title V ofthe 1990 Clean Air Act. 

(e) "Regulated pollutant" has the same meaning as defined in Tide V ofthe 1990 Clean Air 

Act and implementing federal regulations. 

(2) (a) A person may not operate any source of air pollution required to have a permit under 

Title V of the 1990 Clean Air Act without having obtained an operadng permit from the 

executive secretary under procedures the board establishes by rule. 

(b) A person is not requu-ed to submit an operating permit application until the governor has 

submitted an operating permit program to the EPA. 

(c) Any operating permit issued under this section may not become effective until the day after 

the EPA issues approval of the permit program or November 15,1995, whichever occurs first. 

(3) (a) Operating permits issued under this section shall be for a period of five years unless the 

board makes a written finding, after public comment and hearing, and based on substantial 

evidence in the record, that an operating permit term of less than five years is necessary to protect 

the public health and the environment of the state. 

(b) The executive secretary may issue, modify, or renew an operating permit only after 

providing public notice, an opportunity for public comment, and an opportunity for a public 

hearing. 

(c) The executive secretary shall, in conformity with the 1990 Clean Air Act and 

implementing federal regulations, revise the conditions of issued operating permits to incorporate 

applicable federal regulations in conformity with Section 502(b)(9) of the 1990 Clean Aii Act, if 

the remaining period of the permit is three or more years. 

(d) The executive secretary may terminate, modify, revoke, or reissue an operating permit for 

cause. 

(4) (a) The board shall establish a proposed annual emissions fee that conforms with Title V of 

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the 1990 Clean Air Act for each ton of regulated pollutant, applicable to all sources required to 

obtain a permit. The emissions fee established under this section is in addition to fees assessed 

under Section 19-2-108 for issuance of an approval order. 

(b) In establishing the fee the board shall comply with the provisions of Section 63-38-3.2 that 

require a public hearing and require the established fee to be submitted to the Legislature for its 

approval as part of the department's annual appropriations request. 

(c) The fee shall cover all reasonable direct and indirect costs required to develop and 

administer the program and the small business assistance program established under Section 19-

2-109.2. The board shall prepare an annual report of the emissions fees collected and the costs 

covered by those fees under this subsection. 

(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 for the period: 

(a) of July 1, 1992, through June 30,1993, shall be based on the most recent emissions 

inventory prepared by the executive secretary; 

(b) on and after July 1,1993, but prior to issuance of an operating permit, shall be based on the 

most recent emissions inventory, unless a source elects prior to July 1, 1992, to base the fee on 

allowable emissions, if applicable for a regulated pollutant. 

(6) After an operating permit is issued the emissions fee shall be based on actual emissions for 

a regulated pollutant unless a source elects, prior to the issuance or renewal of a permit, to base 

the fee during the period ofthe permit on allowable emissions for that regulated pollutant. 

(7) If the owner or operator of a source subject to this section fails to timely pay an annual 

emissions fee, the executive secretary may: 

(a) impose a penalty of not more than 50% ofthe fee, in addition to the fee, plus interest on the 

fee computed at 12% annually; or 

(b) revoke the operating permit. 

(8) The owner or operator of a source subject to this section may contest an emissions fee 

assessment or associated penalty in an adjudicative hearing under the Title 63, Chapter 46b, 

Administrative Procedures Act, as provided in this subsection. 

(a) The owner or operator must pay the fee under protest prior to being entitled to a hearing. 

Payment of an emissions fee or penalty under protest is not a waiver ofthe right to contest the fee 

or penalty under this subsection. 

(b) A request for a hearing under this subsection 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 incuired by the department in 

developing and administering the program and the small business assistance program under 

Section 19-2-109.2. 

(11) Failure of the executive secretary to act on any operating permit application or renewal is 

a final administrative action only for the purpose of obtaining judicial review by any ofthe 

following persons to require the executive secretary to take action on the permit or its renewal 

without additional delay: 

(a) the applicant; 

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(b) any person who participated in the public comment process; or 

(c) any other person who could obtain judicial review of that action under applicable law. 

19-2-109.2. Small business assistance program. (1) The board shall establish a small business 

stationary source technical and environmental compliance assistance program that conforms with 

Title V of the 1990 Clean Air Act to assist small businesses to comply with state and federal air 

pollution laws. 

(2) There is created the Compliance Advisory Panel to advise and monitor the program created 

in Subsection (1). The seven panel members are: 

(a) two members who are not owners or representatives of owners of small business stationary 

air pollution sources, selected by the governor to represent the general public; 

(b) four members who are owners or who represent owners of small business stationary 

sources selected by leadership ofthe Utah Legislature as follows: 

(i) one member selected by the majority leader of the Senate; 

(ii) one member selected by the minority leader ofthe Senate; 

(iii) one member selected by the majority leader ofthe House of Representatives; and 

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

(c) one member selected by the executive director to represent the Division of Air Quality, 

Department of Environmental Quality. 

(3) (a) Except as required by Subsection (b), as terms of current panel members expire, the 

department shall appoint each new member or reappointed member to a four-year term. 

(b) Notwithstanding the requirements of Subsection (a), the department shall, at the time of 

appointment or reappointment, adjust the length of terms to ensure that the terms of panel 

members are staggered so that approximately half of the panel is appointed every two years. 

(4) Members may serve more than one term. 

(5) Members shall hold office until the expiration of their terms and until their successors are 

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

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

appointed for the unexpired term. 

(7) Every two years, the panel shall elect a chair from its members. 

(8) (a) The panel shall meet as necessary to carry out its duties. Meetings may be called by the 

chair, the executive secretary, or upon written request of three ofthe members ofthe panel. 

(b) Three days' notice shall be given to each member ofthe panel prior to a meeting. 

(9) Four members constitute a quorum at any meeting, and the action of the majority of 

members present is the action of the panel. 

(10) (a) (i) Members who are not government employees shall receive no compensation or 

benefits for their services, but may receive per diem and expenses incurred in the performance of 

the member's official duties at the rates established by the Division of Finance under Sections 

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

(ii) Members may decline to receive per diem and expenses for their service. 

(b) (i) State government officer and employee members who do not receive salary, per diem, 

or expenses from their agency for their service may receive per diem and expenses incurred in the 

performance of their official duties from the panel at the rates established by the Division of 

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

(ii) State government officer and employee members may decline to receive per diem and 

expenses for their service. 

(c) Legislators on the committee shall receive compensation and expenses as provided by law 

and legislative rule. 

19-2-1093. Public access \o information. A copy of each permit application, compliance plan, 

emissions or compliance monitoring report, certification, and each operating permit issued under 

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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 quahty 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 Tide 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 apphcations 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 board. (1) (a) Whenever the executive secretary has reason to 

believe that a violation of any provision of this chapter or any rule issued under it has occurred, 

he may serve written notice ofthe violation upon the alleged violator. The notice shall specify the 

provision of this chapter or rule alleged to be violated, the facts alleged to constitute the violation, 

and may include an order that necessary corrective action be taken within a reasonable time. 

(b) In lieu of beginning an adjudicative proceeding under Subsection (l)(a), the board may 

initiate an action pursuant to Section 19-2-115. 

(2) Nothing in this chapter prevents the board from making efforts to obtain voluntary 

compliance through warning, conference, conciliation, persuasion, or other appropriate means. 

(3) Hearings may be held before: 

(a) the board; 

(b) a hearing examiner of the board; or 

(c) a board member especially appointed by the board to hold the hearing. 

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19-2-111. Review of orders of hearing examiner — Procedure. Any person aggrieved by an ^- ^ 

order of a hearing examiner may file a motion for review of the order with the board. ^T ) 

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

imminent danger to health » Powers of executive director - Declaration of emergency. (1) 

(a) Title 63, Chapter 46b, 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) 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, he may commence adjudicative 

proceedings under Section 63-46b-20. 

(3) Nothing in this section limits any power that the governor or any other officer has to 

declare an emergency and act on the basis of that declaration. 

19-2-113. Variances -- Judicial review. (1) (a) Any person who owns or is in control of any 

plant, building, structure, establishment, process, or equipment may apply to the board for a 

variance from its rules. ^-^ 

(b) The board may grant the requested variance following an announced public meeting, 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 

genera] 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 

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for periods that would be appropriate for initially granting a variance. 

(b) If a complaint is made to the board because of the variance, a renewal may not be granted 

unless, following an announced public meeting, the board finds that renewal is justified. 

(c) To receive a renewal, an applicant shall submit a request for agency action to the board 

requesting a renewal. 

(d) Immediately upon receipt of an application for renewal, the board shall give public notice 

ofthe 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) buming 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) buming 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 buming of not more than two stmctures 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 ofthe following under this chapter: 

(a) an applicable standard or limitation; 

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(b) a permit condition; or ^^^^ 

(c) a fee or filing requirement. f j 

(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 executive 

secretary that the person is violating the requirement, knowingly violates an order issued under 

Subsection 19-2-110(l)(a), or knowingly handles or disposes of asbestos in violation of a mle 

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 ofthe 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 USC 7412 or 

any extremely hazardous substance listed under 42 USC 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, —p. 

unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss wT j 

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 he 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 

From Website of Utah Legislature Printed April 14, 2006 -14 -

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knowledge, including evidence that the defendant took affirmative steps to be shielded from 

receiving relevant information. 

(f) (i) It is an affirmative defense to prosecution under this Subsection (8) that the conduct 

charged was freely consented to by the person endangered and that the danger and conduct 

charged were reasonably foreseeable hazards of: 

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

(B) medical treatment or medical or scientific experimentation conducted by professionally 

approved methods and the other person was aware of the risks involved prior to giving consent. 

(ii) The defendant has the burden of proof to establish any affirmative defense under this 

Subsection (8)(f) and must prove that defense by a preponderance of the evidence. 

(9) (a) Except as provided in Subsection (9)(b), and unless prohibited by federal law, all 

penalties assessed and collected under the authority of this section shall be deposited in the 

General Fund. 

(b) The department may reimburse itself and local governments from monies collected from 

civil penalties for extraordinary expenses incurred in environmental enforcement activities. 

(c) The department shall regulate reimbursements by making rules in accordance with Title 

63, Chapter 46a, 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 ofthe mles 

adopted under it or any orders made under it by injunction or other appropriate remedy. The 

board has the power to institute and maintain in the name of the state any and all enforcement 

proceedings. 

(2) This chapter does not abridge, limit, impair, create, enlarge, or otherwise affect 

substantively or procedurally the right of any person to damages or other relief on account of 

injury to persons or property and to maintain any action or other appropriate proceeding for this 

purpose. 

(3) (a) In addition to any other remedy created in this chapter, upon failure of any person to 

comply with any provision of this chapter or any rule adopted under it or any final order made by 

the board, the executive secretary, or the executive director and when it appears necessary for the 

protection of health and welfare, the board may initiate through its executive secretary an action 

for appropriate injunctive relief 

(b) The attomey 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 attomey general is the legal advisor to the board and its executive 

secretary and shall defend them or any of them in all actions or proceedings brought against them 

or any of them. 

(2) The county attomey in the county in which a cause of action arises may, upon request of 

the board or its executive secretary, bring any action, civil or criminal, to abate a condition which 

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

standards, orders, or rules of the board or the executive secretary issued under this chapter. 

(3) The board or its executive secretary may bring any action and be represented by the 

attomey general. 

(4) In the event any person fails to comply with a cease and desist order of the board or its 

executive secretary that is not subject to a stay pending administrative or judicial review, the 

board may, through its executive secretary, initiate an action for, and is entitled to, injunctive 

relief to prevent any further or continued violation ofthe order. 

FromWebsiteof Utah Legislature Printed April 14,2006 -15 
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 ofthe law are not excluded by this chapter. 

(2) Persons other than the state or the board do not acquire actionable rights by virtue of this 

chapter. 

(3) The liabilities imposed for violation of this chapter are not imposed for any violation 

caused by an act of God, war, strike, riot, or other catastrophe. 

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

owner or operator of any stationary air contaminant source in the state shall furnish to the board 

the reports required under Section 19-2-104 and any other information the board finds necessary 

to determine whether the source is in compliance with state and federal regulations and standards. 

The information shall be correlated with applicable emission standards or limitations and shall be 

available to the public during normal business hours at the office of the department. 

19-2-121. Ordinances of political subdivisions authorized. Any political subdivision of the 

state may enact and enforce ordinances to control air pollution that are consistent with this 

chapter. 

19-2-122. Cooperative agreements between political subdivisions and department (1) Any 

political subdivision of the state may enter into and perform with other political subdivisions of 

the state or with the department contracts and agreements as they find proper for establishing, 

planning, operating, and financing air pollution programs. 

(2) The agreements may provide for an agency to: 

(a) supervise and operate an air pollution program; 

(b) prescribe, subject to the approval ofthe 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 utiUzed 

for the constmction 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 conttol 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 constmction contract has been 

entered or constmction has commenced. 

(2) (a) (i) A person who applies under Subsection (1) shall be the owner of a trade or business 

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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 ofthe tax year in which the 

exemption is claimed. 

(c) A person who obtains certification for a pollution control facility may claim an exemption 

from sales and use taxes as provided in Sections 19-2-123 and 59-12-104 only during the time 

period beginning on or after July 1,1986, and ending on or before June 30, 2009. 

(d) A person who pays a tax under Title 59, Chapter 12, Sales and Use Tax Act, on a purchase 

of tangible personal property or services used in the constmction of or incorporated into a 

pollution control facility that: 

(i) is not certified under Section 19-2-125, may obtain a refund ofthe tax if: 

(A) the board subsequently certifies the 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 ofthe tax if: 

(A) the tangible personal property or services meet the requirements for exemption provided in 

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

(B) the person files a claim for the refund with the State Tax Commission within three years 

after the day on which the person pays the tax under Title 59, Chapter 12, Sales and Use Tax Act. 

(e) (i) If a person files a claim for a refund of taxes under Subsection (2)(d)(i) paid on a 

purchase of tangible personal property or services used in the constmction of or incorporated into 

a pollution control facility that was not certified under Section 19-2-125 at the time ofthe 

purchase: 

(A) within 180 days after the day on which the board certifies the pollution control facility, 

interest shall accme to the amount ofthe refund granted by the State Tax Commission: 

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

(II) beginning on the day on which the person pays the tax under Tide 59, Chapter 12, Sales 

and Use Tax Act, for which the person is claiming a refiind; or 

(B) more than 180 days after the day on which the board certifies the pollution control facility, 

interest shall be added to the amount ofthe refund 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 constmction of or incorporated into a 

pollution control facility that was certified under Section 19-2-125 at the time ofthe purchase, 

interest shall accme 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. 

From Website of Utah Legislature Printed April 14, 2006 -17 • 
(b) The board may require any further information it finds necessary before issuance of a 

certificate. 

19-2-125. Action on application for certification. (1) (a) If the board, after consulting with the 

State Tax Commission, finds that a pollution control facility or a part of a pollution control 

facility, for which application is made under Section 19-2-124 was or is to be erected, 

constructed, acquired, or installed on or after July 1, 1986, but on or before June 30, 2009, and is 

designed and is being operated or will operate primarily to prevent, control, or reduce air or water 

pollution, and that the applicant qualifies under Section 19-2-124, the board shall certify the 

facility. 

(b) If one or more facilities constitute an operational unit, the board may certify those facilities 

under one certificate. 

(2) (a) The board and the Slate Tax Commission shall act on an application under Section 19-

2-124 before the 120th day after filing. 

(b) Failure ofthe board and the State Tax Commission to timely act constitutes automatic 

acceptance ofthe application and the board shall fumish a certificate to the apphcant on dememd. 

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 ofthe certificate may obtain judicial review ofthe 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 ofthe 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 mles 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. 

© 

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From Website of Utah Legislature Printed April 14, 2006 -18 • 
Q Utah Administrative Rulemaking Act 

Title 63, Chapter 46a (2005) 

^ 

Utah Administrative Rulemaking Act 

63-46a-l. Short title. 

63-46a-2. Definitions. 

63-46a-3. When rulemaking is required. 

63-46a-3.5. Rules having the effect of law. 

63-46a-4. Rulemaking procedure. 

63-46a-5. Public hearings. 

63-46a-6. Changes in rules. 

63-46a-7. Emergency rulemaking procedure. 

63-46a-8. Division to provide list of rulemaking activity to Office of Legislative Research and General 

Counsel. [Repealed] 

63-46a-9. Agency review of rules ~ Schedule of filings ~ Limited exemption for certain rules. 

63-46a-9.5. Division of Administrative Rules created - Appointment of director. 

63-46a-9.6. Utah Administrative Code ~ Organization - Official compilation. 

63-46a-10. Division of Administrative Rules ~ Duties generally. 

63-46a-10.5. Repeal and reenactment of Utah Administrative Code. 

63-46a-11. Administrative Rules Review Committee. 

63-46a-11.5. Legislative reauthorization of agency rules — Extension of rules by governor. 

63-46a-12. Interested parties. 

63-46a-12.1. Judicial challenge to administrative rules. 

63-46a-13. Actions for declaratory judgment to determine the validity of a rule. [Repealed] 

63-46a-14. Time for contesting a rule ~ Statute of limitations. 

63-46a-15. Declaratory rulings by agencies. [Repealed] 

63-46a-16. Utah Administrative Code as official compilation of rules - Judicial notice. 

63-46a-17. Electronic records and conversion of written records by governmental agencies. 

^ 

63-46a-l. Short title. 

This act is known as the "Utah Administrative 

Rulemaking Act." 

(as enacted by UT L 1985 ch 158) 

63-46a-2. 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 firom legal obligations, 

or perform other similar actions or duties delegated by 

law. 

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

(4) "Catchline" means a short summaiy of each 

section, part, rule, or tide ofthe code that follows the 

section, part, rule, or title reference placed before the 

text ofthe rule and serves the same fiinction 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 entided 

"Utah Administrative Code." 

(6) "Director" means the director ofthe 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. 
UTAH COOE Title 63, Chapter 46a (2005) Utah Administrative Rulemaking Act o 

(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 63-46a-10. 

(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 ofthe rule in the bulletin. 

(14) "Publication date" means the inscribed date 

ofthe bulletin. 

(15) "Register" may include an electronic 

database. 

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

statement that: 

(i) is explicitly or implicitly required 

by state or federal statute or other applicable 

law; 

(ii) implements or interprets a state or 

federal legal mandate; and 

(iii) applies to a class 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 attomey 

general's office; 

(v) declaratory rulings issued by the 

agency according to Section 63-46b-21 

except as required by Section 63-46a-3; 

(vi) rulings by an agency in 

adjudicative proceedings, except as required 

by Subsection 63-46a-3(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 simimarize and analyze rules. 

(18) "Substantive change" means a change in a 

rule that affects the application or results of agency 

actions. 

(as last amended by UT L 2003 ch 197, effective May 5,2003) 

63-46a-3. 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 ofthe state 

retirement system, or students eitrolled in a state 

education institution; 

(b) a standardized agency manual applies 

only to internal fiscal or administrative details of 

governmental entities supervised imder statute; 

(c) an agency issues policy or other 

statements that are advisoiy, 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 rule shall enumerate any penalty authorized 

by statute that may result from its violation. 

(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. 

o 

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0 Utah Administrative Rulemaking Act UTAH COUE Title 63, Chapter 46a (2005) 

^ 

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

incorporates by reference: 

(i) all or any part ofanother code, rule, 

or regulation that has been adopted by a 

federal agency, an agency or pohtical 

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 ofthe 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 

attomey general to ensure that its rules meet legal and 

constitutional requirements. 

(as last amended by UT L 2001 ch 138, effective April 30,2001) 

63-46a-3.5. 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 

63-46a-2, 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. 

(as last amended by UT L 2003 ch 197, effective May 5,2003) 

63-46a-4. Rulemaking procedure. 

(1) An agency authorized to make rules is also 

authorized to amend or repeal those rules. 

(2) Except as provided in Sections 63-46a-6 and 

63-46a-7, 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 ofthe agency and 

that involve persons affected by the agency's rules. 

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

and rule analysis with the division. 

(b) Rule amendments shall be marked with 

new language underlined and deleted language 

struck out. 

(c) (i) The division shall publish the 

information required under this Subsection 

(4) on the rule analysis and the text of the 

proposed rule in the next issue ofthe 

bulletin. 

(ii) For rule amendments, only the 

section or subsection ofthe rule being 

amended need be printed. 

(iii) Ifthe director determines that the 

rule is too long to publish, the director shall 

publish the rule analysis and shall publish 

the rule by reference to a copy on file with 

the division. 

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

department head shall consider and comment on the 

fiscal impact a rule may have on businesses. 

(6) The rule analysis shall contain: 

(a) a summaiy ofthe rule or change; 

(b) the purpose ofthe rule or reason for the 

change; 

(c) the statutory authority or federal 

requirement for the rule; 

•i Z I 
UTAH COOE Title 63, Chapter 46a (2005) Utah Administrative Rulemaking Act o 

(d) the anticipated cost or savings to: 

(i) the state budget; 

(ii) local governments; and 

(iii) other persons; 

(e) the compliance cost for affected persons; 

(f) how interested persons may review the 

fiill 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 ofthe agency head or designee 

who authorized the rule; 

(k) the date on which the rule may become 

effective following the public comment period; 

and 

(!) comments by the department head on the 

fiscal impact the rule may have on businesses. 

(7) (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 simimary required under this 

Subsection (7) 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. 

(8) A copy ofthe rule analysis shall be mailed to 

all persons who have made timely request ofthe 

agency for advance notice of its rulemaking 

proceedings and to any other person who, by statutory 

or federal mandate or in the judgment ofthe agency, 

should also receive notice. 

(9) Following the publication date, the agency 

shall allow at least 30 days for public comment on the 

rule. 

(10) (a) Except as provided in Sections 63-46a-6 

and 63-46a-7, a proposed rule becomes effective 

on any date specified by the agency that is no 

fewer than 30 nor more than 120 days alter the 

publication date. 

(b) The agency shall provide notice ofthe 

rule's effective date to the division in the form 

required by the division. 

(c) The notice 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 ofthe 

effective date ofthe rule in the next issue ofthe 

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. 

(as last amended by UT L 2005 ch 48 s 7, effective May 2, 2005) 

63-46a-5. Public hearings. 

(1) Each agency may hold a public hearing on a 

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

during the public comment period. 

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

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

if: 

(a) a public hearing is required by state or 

federal mandate; 

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

persons, or an interested association having 

not fewer than ten members request a public 

hearing; and 

(ii) the agency receives the request in 

writing not more than 15 days after the 

publication date ofthe proposed rule. 

(3) The agency shall hold the hearing: 

(a) before the rule becomes effective; and 

(b) no less than seven days nor more than 

30 days after receipt ofthe request for hearing. 

(as last amended by UT L 1987 ch 241) 

63-46a-6. Changes in rules. 

(1) (a) To change a proposed rule already 

published in the bulletin, an agency shall file with 

the division: 

(i) the text ofthe changed rule; and 

(ii) a rule analysis containing a 

description ofthe change and the 

information required by Section 63-468-4. 

(b) A change to a proposed nile may not be 

filed more than 120 days after publication ofthe 

rule being changed. 

(c) The division shall publish the rule 

analysis for the changed rule in the bulletin. 

(d) The changed proposed rule and its 

associated proposed rule will become effective on 

€ 

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Q Utah Administrative Rulemaking Act UTAH CODE Titie 63, Chapter 46a (2005) 

^ 

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 ofthe last change in proposed rule. 

(2) Ifthe 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) Ifthe rule is effective, the agency shall amend 

the rule according to the procedures specified in 

Section 63-46a-4. 

(as last amended by UT L 2001 ch 138, effective April 30, 2001) 

63-46a-7. Emergency rulemaking procedure. 

(1) All agencies shall comply with the 

rulemaking procedures of Section 63-46a-4 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 ofthe 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 63-46a-4 (4). 

(c) The agency shall notify interested 

persons as provided in Subsection 63-46a-4(8). 

(d) TTie rule becomes effective for a period 

not exceeding 120 days on the date of filing or 

any later date designated in the rule. 

(3) Ifthe agency intends the rule to be effective 

beyond 120 days, the agency shall also comply with the 

procedures of Section 63-46a-4. 

(as last amended by UT L 2005 ch 48 s 8, effective April 30,2001; 

Boldface changed from "Exceptions to rulemakiog procedure" at the 

request ofthe Administrative Rules Review Committee, January 14, 

2002) 

63-46a-8. Division to provide list of rulemaking 

activity to Office of Legislative Research and 

General Counsel. [Repealed] 

(repealed by UT L 1992 ch 146) 

63-46a-9. Agency review of rules — Schedule of 

filings — Limited exemption for certain rules. 

(1) Each agency shall review each of its rules 

within five years ofthe rule's original effective date or 

within five years ofthe filing ofthe last five-year 

review, whichever is later. Rules effective prior to 

1992 need not be reviewed until 1997. 

(2) An agency may consider any substantial 

review of a rule to be a five-year review. Ifthe agency 

chooses to consider a review a five-year review, it shall 

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) Ifthe agency continues the rule, it shall 

file a statement which includes: 

(i) a concise explanation ofthe 

particular statutory provisions luider which 

the rule is enacted and how these provisions 

authorize or require the rule; 

(ii) asummary of written comments 

received diuing and since the last five-year 

review ofthe rule from interested persons 

supporting or opposing the rule; and 

(iii) a reasoned justification for 

continuation ofthe rule, including reasons 

why the agency disagrees with comments in 

opposition to the rule, if any. 

(b) Ifthe agency repeals the rule, it shall 

comply with Section 63-46a-4. 

(c) Ifthe agency amends and continues the 

rule, it shall comply with the requirements of 

Section 63-46a-4 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. 

^ >2-S 
UTAH CODE Titie 63, Chapter 46a (2005) Utah Administrative Rulemaking Act o 

(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 ofthe 

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 ofthe 

bulletin that the rule has expired and is no longer 

enforceable; 

(b) remove the rule from the code; and 

(c) notify the agency that the rule has 

expired. 

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

with the requirements of Section 63-46a-4 to reenact 

the rule. 

(10) (a) Rules issued under the following 

provisions related to the Department of 

Workforce Services or Labor Commission that are 

in effect on July 1,1997, are not subject to the 

requirements of this section until July 1,1998: 

(i) Titie 34, Labor in General; 

(ii) Titie 34A, Utah Labor Code; 

(iii) Title 35A, Utah Workforce 

Services Code; 

(iv) Title 40, Chapter 2, Coal Mines; 

and 

(v) Titie 57, Chapter 21, Utah Fair 

Housing Act. 

(b) Any rule described in Subsection (10)(a) 

that would have expired on or after July 1,1997 

but before July 1,1998, expires July 1,1998, 

unless for that rule the Department of Workforce 

Services or Labor Commission files: 

(i) the notice of review, described in 

Subsection (3); or 

(ii) an extension described in 

Subsection (6). 

(as last amended by UT L 1998 ch 13, effective May 4,1998; and UT 

L 1998 ch 332, effective July 1,1998) 

63-46a-9.5. 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 

ofthe governor, 

(as enacted by UT L 1987 ch 241) 

63-46a-9.6. 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 ofthe 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. 

(as last amended 'jy UT L 1996 ch 60) 

63-46a-10. 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 dociunents 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; 

€ 

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Q Utah Administrative Rulemaking Act UTAH CODE Title 63, Chapter 46a (2005) 

d 

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

publications the division determines necessary to 

implement this chapter; 

(i) distribute without charge the bulletin and 

administrative code to state-designated 

repositories, the Administrative Rules Review 

Committee, the Office of Legislative Research 

and General Counsel, and the two houses ofthe 

Legislature; 

(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; 

(1) provide agencies assistance in 

rulemaking; and 

(m) administer this chapter and require state 

agencies to comply with filing, publication, and 

hearing procedures. 

(2) The division may after notifying the agency 

make nonsubstantive changes to rules filed with the 

division or published in the bulletin or code by: 

(a) implementing a uniform system of 

formatting, pimctuation, capitalization, 

organization, munbering, 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 

titie; 

(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 

ofthe agency: 

(a) eliminate duplication within rules; 

(b) eliminate obsolete and redundant words; 

and 

(c) correcting defective or inconsistent 

section and paragraph structure in arrangement of 

the subject matter of rules. 

(4) For nonsubstantive changes made in 

accordance with Subsection (2) or (3) after publication 

ofthe rule in the bulletin, the division shall publish a 

list of nonsubstantive changes in the bulletin. For each 

nonsubstantive change, the list shall include: 

(a) the affected code citation; 

(b) a brief description ofthe change; and 

(c) the date the change was made. 

(5) All ftinds appropriated or collected for 

publishing the division's publications shall be 

nonlapsing. 

(as last amended by UT L 2001 ch 138. effective April 30,2001) 

63-46a-10.5. 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 

63-46a-6; 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 

titie; 

(g) updating or correcting atmotations 

associated with a section, part, rule, or titie; and 

(h) merging or determining priority of any 

amendment, enactment, or repeal to the same rule 

or section made effective by an agency. 

^ ;? T-r 
UTAH CODE Title 63, Chapter 46a (2005) Utah Administrative Rulemaking Act Q 

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

code reenactment, the division shall publish in the 

bulletin: 

(i) notice ofthe code reenactment; 

(ii) the date, time, and place of a 

public hearing where members ofthe public 

may comment on the proposed reenactment 

ofthe code; 

(iii) locations where the proposed 

reenactment ofthe code may be reviewed; 

and 

(iv) agency summaries 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) makethe 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 63-46a-4(8). 

(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 ofthe code meets the 

requirements of Section 63-46a-9 for a review of all 

agency rules. 

(as last amended by UT L 2005 ch 48 s 9, effective May 2,2005) 

63-46a-ll. Administrative Rules Review 

Committee. 

(1) (a) There is created an Administrative Rules 

Review Committee often permanent members 

and four ex officio members. 

(b) (i) The committee's permanent 

members shall be composed of five 

members ofthe Senate, appointed by the 

president ofthe Senate, and five members of 

the House, appointed by the speaker ofthe 

House, with no more than three senators and 

three representatives from the same political 

party. 

(ii) The permanent members shall 

convene at least once each month as a 

committee to review new agency rules, 

amendments to existing agency rules, and 

repeals of existing agency rules. Meetings 

may be suspended at the discretion ofthe 

committee chairs. 

(iii) Members shall serve for two-year 

terms or until their successors are appointed. 

(iv) A vacancy exists whenever a 

committee member ceases to be a member 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 

rales, the committee's permanent members shall 

invite the Senate and House chairmen ofthe 

standing committee and the Senate and House 

chairmen ofthe appropriation subconnmittee that 

have jurisdiction over the agency whose existing 

rales 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 rale as defined in Section 

63-46a-2 shall be submitted to the committee at the 

same time public notice is given imder Section 

63-46a-4. 

(3) (a) The committee shall exercise continuous 

oversight ofthe process of ralemaking. 

(b) The committee shall examine rales 

submitted by each agency to determine: 

(i) whether or not they are authorized 

by statute; 

(ii) whether or not they comply with 

legislative intent; 

(iii) their impact on the economy and 

the government operations ofthe state and 

local political subdivisions; and 

(iv) their impact on affected persons. 

(c) To cany out these duties, the committee 

may examine any other issues that it considers 

c 

-Srzt, c> 
Q Utah Administrative Rulemaking Act UTAH CODE Titie 63, Chapter 46a (2005) 

^ 

necessary. The committee may also notify and 

refer rales to the chairmen ofthe interim 

committee which has jurisdiction over a particular 

agency when the committee determines that an 

issue involved in an agency's rales may be more 

appropriately addressed by that committee. 

(d) In reviewing the rales, the committee 

shall follow generally accepted principles of 

statutory constraction. 

(4) The committee may request that the Office of 

the Legislative Fiscal Analyst prepare a fiscal note on 

any rale, 

(5) In order to accomplish its oversight functions, 

the conuTiittee 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 rale and may 

include any recommendations, including 

legislative action. 

(b) The committee shall provide to the 

agency that enacted the rale: 

(i) its findings, if any; and 

(ii) a request that the agency notify the 

committee of any changes it makes in the 

rale. 

(c) The committee shall provide its findings 

to any member ofthe Legislature and to any 

person affected by the rale 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 ofthe standing 

committee, and the Senate and House chairs of 

the Appropriation Subcommittee that have 

jurisdiction over the agency whose rales are the 

subject ofthe findings. 

(7) (a) The committee may submit a report on 

its review of state agency rales 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, 

(as last amended by UT L 2002 ch 185 s 40, effective May 6,2002) 

^ 

63-46a-n.S. Legislative reauthorization of agency 

rules — Extension of rules by governor. 

(1) All grants of ralemaking 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 rale that is in effect on Febraary 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 rales do not expire 

if: 

(i) the rale is explicitly mandated by a 

federal law or regulation; or 

(ii) a provision of Utah's constitution 

vests the agency with specific constimtional 

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 rales of 

Utah state agencies are reauthorized except for the 

following:". 

(c) Before sending the legislation to the 

governor for his action, the Administrative Rules 

Review Committee may send a letter to the 

governor and to the agency explaining 

specifically why the committee believes any rale 

should not be reauthorized. 

(d) For the purpose of this section, the 

entire rale, a single section, or any complete 

paragraph of a rale may be excepted for 

reauthorization in the omnibus legislation 

considered by the Legislature. 

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

legislation does not constitute legislative approval of 

the rale, nor is it admissible in any proceeding as 

evidence of legislative intent. 

(5) (a) If an agency believes that a rale 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 rale within their 

authorized ralemaking power, the agency may 

seek the governor's declaration extending the rale 

beyond the expiration date. 

(b) In seeking the extension, the agency 

shall submit a petition to the governor that 

affirmatively states: 

(i) that the rale is necessary; and 

^ Z 7 
UTAH CODE Titie 63, Chapter 46a (2005) Utah Administrative Rulemaking Act o 

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

make the rale. 

(c) (i) Ifthe governor finds that the 

necessity does exist, and that the agency has 

the authority to make the rale, he may 

declare the rale 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 

rale to be extended, the reasons the 

extension is necessary, and a citation to the 

source ofthe agency's authority to make the 

rale. 

(d) Ifthe omnibus bill required by 

Subsection (3) fails to pass both houses ofthe 

Legislature or is found to have a technical legal 

defect preventing reauthorization of 

administrative rales intended to be reauthorized 

by the Legislature, the governor may declare all 

rales 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). 

(as last amended by UT L 1998 ch 332, effective July 1,1998) 

63-46a-12. Interested parties. 

(1) An interested person may petition an agency 

requesting the making, amendment, or repeal of a rale. 

(2) The division shall prescribe by rale the form 

for petitions and the procedure for their submission, 

consideration, and disposition. 

(3) A statement shall accompany the proposed 

rale, or amendment or repeal of a rale, demonstrating 

that the proposed action is within the jurisdiction ofthe 

agency and appropriate to the powers ofthe agency. 

(4) Within 30 days after submission of a petition, 

the agency shall either deny the petition in a writing 

stating its reasons for the denial, or initiate ralemaking 

proceedings in accordance with Section 63-46a-4. 

(as enacted by ITT L 1987 ch 241) 

63-46a-12.1. Judicial challenge to administrative 

rules. 

(1) (a) Any person aggrieved by a rale may 

obtain judicial review ofthe rale by filing a 

complaint with the county clerk in the district 

court where the person resides or in the district 

court in Salt Lake Coimty. 

(b) Any person aggrieved by an agency's 

failure to comply with Section 63-46a-3 may 

obtain judicial review ofthe agency's failure to 

comply by filing a complaint with the clerk ofthe 

district court where the person resides or in the 

district court in Salt Lake County. 

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

a person seeking judicial review under this section 

shall exhaust that person's administrative 

remedies by complying with the requirements of 

Section 63-46a-12 before filing the complaint. 

(b) When seeking judicial review of a rale, 

the person need not exhaust that person's 

administrative remedies if: 

(i) less than six months has passed 

since the date that the rale became effective 

and the person had submitted verbal or 

written comments on the rale to the agency 

during the public comment period; 

(ii) a statute granting ralemaking 

authority expressly exempts rales made 

under authority of that statute from 

compliance with Section 63-46a-12; or 

(iii) compliance with Section 

63-46a-12 would cause the person 

irreparable harm. 

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

the Utah Rules of Civil Procedure, a complaint 

filed imder this section shall contain: 

(i) the name and mailing address ofthe 

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 ofthe rale or proposed 

rale, if any; 

(v) an allegation that the person filing 

the complaint has either exhausted the 

administrative remedies by complying with 

Section 63-46a-12 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 ofthe complaint as required by 

the Utah Rules of Civil Procedure. 

(ii) The defendants shall file a 

responsive pleading as required by the Utah 

Rules of Civil Procedures. 

€) 

^ 1 % C) 
6 Utah Administrative Rulemaking Act UTAH CODE Titie 63, Chapter 46a (2005) 

d 

^ 

(iii) The agency shall file the 

administrative record ofthe rale, if any, with 

its responsive pleading. 

(4) The district court may grant relief to the 

petitioner by: 

(a) declaring the rale invalid, ifthe court 

finds that: 

(i) the rale violates constitutional or 

statutory law or the agency does not have 

legal authority to make the rale; 

(ii) the rale is not supported by 

substantial evidence when viewed in light of 

the whole administrative record; or 

(iii) the agency did not follow proper 

ralemaking procedure; 

(b) declaring the rale nonapplicable to the 

petitioner; 

(c) remanding the matter to the agency for 

compliance with proper ralemaking procedures or 

fiirther fact-finding; 

(d) ordering the agency to comply with 

Section 63-46a-3; 

(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) Ifthe 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 

63-46a-12. 

(as last amended by UT L 2001 ch 138, effective April 30,2001) 

63-46a-13. Actions for declaratory judgment to 

determine the validity of a rule. [Repealed] 

(repealed by UT L 1990 ch 224) 

63-46a-14. Time for contesting a rule — Statute of 

limitations. 

(1) A proceeding to contest any rale on the 

ground of noncompliance with the procedural 

requirements of this chapter shall conunence within 

two years ofthe effective date ofthe rale. 

(2) A proceeding to contest any rale on the 

ground of not being supported by substantial evidence 

when viewed in light ofthe whole administrative 

record shall commence within four years ofthe 

effective date ofthe challenged action. 

(3) A proceeding to contest any rale on the basis 

that a change to the rale made under Subsection 

63-46a-10(2) or (3) substantively changed the rale shall 

be commenced within two years ofthe date the change 

was made. 

(as last amended by UT L 1998 ch 332, effective July 1,1998) 

63-46a-15. Declaratory rulings by agencies. 

[Repealed] 

(repealed by UT L 1988 ch 72) 

63-46a-16. Utah Administrative Code as oillcial 

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 ofthe administrative law 

ofthe state of Utah and as an authorized compilation of 

the administrative law of Utah. All courts shall take 

judicial notice ofthe code and its provisions, 

(as last amended by UT L 1992 ch 261) 

63-46a-17. Electronic records and conversion of 

wrirten records by governmental agencies. 

A governmental agency may make rales regarding 

electronic records and conversion of written records as 

prescribed by Title 46, Chapter 4, Part 5, Electronic 

Records in Government Agencies, 

(as enacted by UT L 2001 ch 138, effective April 30,2001) 

NOTE: Source documents downloaded 6/23/2004 from 

http://www.le.state.ut.us/-code/TlTLE63/63 1 B.zip. and 5/25/2005 

from http://www.le.state.ut.us/--code/Tn'LE63/63 1 C.zip. 

Legislative action information added by the Division of 

Administrative Rules based on 63_lB.txt (2004) and 63_IC.txt 

(2005) prepared by the OfHce of Legislative Research and General 

Counsel. 

-Uzi 
0 ADMINISTRATIVE SERVICES 

^ 

R15. Administrative Services, Administrative 

Rules. 

R15-1. Administrative Rule Hearings. 

R15-1-1. Authority. 

(1) This rale establishes procedures and 

standards for administtative rale hearings as required 

by Subsection 63-46a-10(l)(a). 

(2) The procedures of this rale constitute the 

minimum requirements for mandatory administrative 

rule hearings. Additional procedures may be required 

to comply with any otiier governing statute, federal law, 

or federal regulation. 

R15-1-2. Defuiitions. 

(1) Terms used in this rale are defined in 

Section 63-46a-2. 

(2) In addition: 

(a) "hearing" means an administrative rale 

hearing; and 

(b) "officer" means an administrative rale 

hearing officer. 

R15-1-3. Purpose. 

(1) The purpose of this rale is to provide: 

(a) procedures for agency hearings on 

proposed administrative rales or rales changes, or on 

the need for a rule or change; 

(b) opportunity for public comment on rales; 

and 

(c) opportunity for agency response to public 

concerns about rales. 

R15-1-4. When Agencies Hold Hearings. 

(1) Agencies shall hold hearings as required 

by Subsection 63-46a-5(2). 

(2) Agencies may hold hearings: 

(a) during the public comment period on a 

proposed rale, after its publication in the bulletin and 

prior to its effective date; 

(b) before initiating ralemaking procedures 

under Titie 63, Chapter 46a, to promote public input 

prior to a rale's publication; 

(c) during a regular or exttaordinary 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 rale 

change as provided by Section 63-46a-12. 

(3) Voluntary hearings, as described in this 

section, follow the procedures prescribed by tiiis rale or 

any other procedures the agency may provide by rale. 

(4) Mandatory hearings, as described in this 

section, follow the procedures prescribed by this rale 

and any additional requirements of state or federal law. 

(5) If an agency holds a mandatory hearing 

under the procedures of this rale during the public 

comment period described in Subsection 63-46a-4(6), 

no second hearing is required for the purpose of 

comment on the same rule or change considered at the 

first hearing. 

R15-1-5. Hearing Procedures. 

(1) Notice. 

(a) An agency shall provide notice of a 

hearing by: 

(i) publishing the hearing date, time, place, 

and subject in the bulletin; 

(ii) mailing copies of the notice directiy to 

persons who have petitioned for a hearing or rale 

changes under Section 63-46a-5 or 63-46a-12, 

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 rales hearing becomes mandatory 

aftCT the agency has published the proposed rale 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 ralemaking 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 ofthe hearing and 

invite orderly, germane comment from all persons in 

attendance. The officCT may set time limits for 

speakers and shall ensure equitable use of time. 

(b) The agency shall have a representative at 

the hearing, other than the officer, who is familiar with 

the rule at issue and who can respond to requests for 

April 1, 2006 UTAH ADMINISTRATIVE CODE 
ADMINISTRATIVE SERVICES 

information by those in attendance. 

(c) The officer shall invite written comment 

to be submitted at the hearing or after the hearing, 

within a reasonable time. Written comment shall be 

attached to the hearing minutes. 

(d) The officer shall conduct the hearing as 

an open, informal, orderly, and informative meeting. 

Oaths, cross-examination, and rales of evidence are not 

required. 

(5) The Hearing Record. 

(a) The officer shall cause to be recorded the 

name, address, and relevant affiliation of all persons 

speaking at the hearing, and cause an electronic or 

mechanical verbatim recording of the hearing to be 

made, or make a brief summary, of their remarks. 

(b) The hearing record consists of a copy of 

the proposed rale or rale 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 of the rale's administt-ative record in a file 

available at the agency offices for public inspection. 

RI5-1-8. Decision on an Issue Regarding 

Rulemaking Procedure. 

(1) When a hearing issue requires a decision 

regarding ralemaking procedure, the officer shall 

submit a written request for a decision to the director as 

soon as practicable after, or after recessing, the hearing, 

as provided in Section RI5-5-6. The director shall 

reply to the agency head as provided in Subsection 

R15-5-6(2). The director's decision shall be included 

in the hearing record. 

R15-1-9. Appeal and Judicial Review. 

(1) Persons may appeal die decision of die 

agency head or the division by petitioning the district 

court for judicial review as provided by law. 

R15. Administrative Services, Administrative Rules 

R15-2. Public Petitioning for Rulemaking. 

R15-2-1. Authority. 

As required by Subsection 63-46a-12(2), this 

rale prescribes the form and procedures for submission, 

consideration, and disposition of petitions requesting 

the making, amendment, or repeal of an administrative 

rule. 

R15-2-2. Definitions. 

(1) Terms used in this rale are defined in 

Section 63-46a-2. 

(2) In addition, "rule change" means: 

(a) making a new rale; 

(b) amending, repealing, or repealing and 

reenacting an existing rale; 

(c) amending a proposed rale fiirther by filing 

a change in proposed rale under the provisions of 

Section 63-46a-6; 

(d) allowing a proposed (new, amended, 

repealed, or repealed and reenacted) rale or change in 

proposed rale to lapse; or 

(e) any combination of the above. 

R15-2-3. Petition Procedure. 

(1) The petition shall be addressed and 

delivered to the head of the agency autiiorized by law 

to make the rule change requested. 

(2) The agency receiving the petition shall 

stamp the petition with the date of receipt. 

R15-2-4. Petition Form. 

The petition shall: 

(a) be clearly designated "petition for a rale 

change"; 

(b) state the approximate wording of the 

requested rale change; 

(c) describe the reason for the rale change; 

(d) include an address and telephone where 

the petitioner can be reached during regular work days; 

and 

(e) be signed by die petitioner. 

Q 

€^ 

KEY: administrative law, government hearings 

Date of Enactment or Last Substantive 

Amendment: Jime 1,1996 

Notice of Continuation: September 29,2005 

Authorizing, and Implemented or Interpreted Law: 

63-46a-10 

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) die date when the agency is initiating a 

rale change consistent with the intent of the petition; 

April 1, 2006 UTAH ADMINISTRATIVE CODE 

iP 

^ 
6 ADMINISTRATIVE SERVICES 

d 

and 

(c) send the response to tiie petitioner within 

30 days of receipt ofthe petition. 

(2) The petitioned agency may interview the 

petitioner, hold a public hearing on the petition, or take 

any action the agency, in its judgement, deems 

necessary to provide the petition due consideration. 

(3) The agency shall retain die 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 rale 

change. 

KEY: administrative law 

Date of Enactment or Last Substantive 

Amendment: June 1,1996 

Notice of Continuation: September 29,2005 

Authorizing, and Implemented or Interpreted Law: 

63-46a-12 

R15. Administrative Services, Administrative 

Rules. 

RlS-3. Definitional Clarification of Administrative 

Rule. 

R15-3-1. Authority, Purpose, and Definitions. 

(1) This rale is authorized under Subsection 

63-46a-10(l) which requires the division to administer 

the Utah Administrative Rulemaking Act, Titie 63, 

Chapter 46a. 

(2) This rale clarifies when ralemaking is 

required, and requirements for incorporation by 

reference within rales. 

(3) Terms used in this rale are defined in 

Section 63-46a-2. 

which broadly prescribe goals and guidelines. Policies 

are not rales unless they meet the criteria for rales set 

fortii under Section 63-46a-3(2). 

(4) Within the limits prescribed by Sections 

63-46a-3 and 63-46a-12.1, an agency has fiill 

discretion regarding the substantive content of its rales. 

The division has authority over nonsubstantive content 

under Subsections 63-46a-10(2) and (3), and 63-46a10.5(2) and (3), rulemaking procedures, and the 

physical format of rales for compilation in die Utah 

Administrative Code. 

R15-3-3. Use of Incorporation by Reference in 

Rules. 

(1) An agency incorporating materials by 

reference as permitted under Subsection 63-46a-3(7) 

shall comply with the following standards: 

(a) The rale 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 rale. 

(c) If the incorporated material is 

substantively changed at a later time, and the agency 

intends to enforce the revised material, the agency shall 

amend its rule through raleinaking procedures to 

incorporate by reference any applicable changes as 

soon as practicable. 

(d) In accordance with Subsection 63-46a3(7)(c), an agency shall describe substantive changes 

that appear in the materials incorporated by reference 

as part of the "summary of rale or change" in the rale 

analysis. 

(2) An agency shall comply with copyright 

requirements when it provides the division a copy of 

material incorporated by reference. 

R15-3-2. Agency Discretion. 

(1) A rale 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 autiiorize agency discretion 

that sets limits, standards, and scope of employment 

within which a range of actions may he applied by 

agency personnel. A rale may also estabhsh criteria for 

granting exceptions to the standards or procedures of 

die rule when, in the judgment of authorized personnel, 

documented circumstances warrant. 

(3) An agency may have written policies 

R15-3-4. Computer-Prohibited MateriaL 

(1) All rules shall be in a format that permits 

their compatibility widi 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 insbiictions and standards for formatting 

rales. 

KEY: administrative law 

Date of Enactment or 

Amendment: June 1,1996 

Last Substantive 

April 1, 2006 UTAH ADMINISTRATIVE CODE 
ADMINISTRATIVE SERVICES 

Notice of Continuation: September 29,2005 

Authorizing, and Implemented or Interpreted Law: 

63-46a-10; 63-46a-3 

R15. Administrative Services, Administrative 

Rules. 

R15-4. Administrative Rulemaking Procedures. 

R15-4-1. Authority and Purpose. 

(1) This rale establishes procedures for filing 

and publication of agency rales under Sections 63-46a4, 63-46a-6, and 63-46a-7, as autiiorized under 

Subsection 63-46a-10(l). 

(2) The procedures of this rule constitute 

minimum requirements for rale filing and publication. 

Otiier governing statutes, federal laws, or federal 

regulations may require additional rale filing and 

publication procedures. 

R15-4-2. Definitions. 

(1) Terms used in tiiis rale are defined in 

Section 63-46a-2. 

(2) Otiier terms are defined as follows: 

(a) "Anniversary date" means the date that is 

five years from the original effective date of the rale, 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 63-46a-9(3), whichever is 

sooner. 

(b) "Digest" means die Utah State Digest tiiat 

summarizes the content of the bulletin as required by 

Subsection 63-46a-10(l)(f); 

(c) "Codify" means the process of collecting 

and arranging administrative rales systematically in the 

Utah Administi-ative Code, and includes the process of 

verifying tiiat each amendment was marked as required 

under Subsection 63-46a-4(2)(b); 

(d) "Compliance cost" means expenditures a 

regulated person will incur if a rale or change is made 

effective; 

(e) "Cost" means the aggregated expenses 

persons as a class affected by a rale will incur if a rale 

or change is made effective; 

if) "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 refiinded or rebated if a rale or change is made 

effective; 

(iii) an aggregated monetary amount of 

anticipated revenues to be generated for state budgets, 

local governments, or botii if a rale or change is made 

effective; or 

(iv) any combination of these aggregated 

monetary amounts. 

(g) "Unmarked change" means a change 

made to rule text that was not marked as required by 

Subsection 63-46a-4(2)(b). 

R15-4-3. Publication Dates and Deadlines. 

(1) For the purposes of Subsections 63-46a4(2) and 63-46a-6(l), an agency shall file its rale 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 fu-st day of the month for publication on die 

fifteenth ofthe same month. 

(a) If the fu-st or fifteenth day is a Saturday, 

or a Tuesday, Wednesday, Thursday, or Friday holiday, 

the agency shall file the rale and rale 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 rale 

analysis by 11:59:59 p.m. on the next regular business 

day. 

(2) For all purposes, the official date of 

publication for die bulletin and digest shall be die first 

and fifteendi days of each month. 

R15-4-4. Thirty-day Comment Period. 

(1) For the purposes of Subsections 63-46a4(6) and 63-46a-4(7), and in conformity with Utah 

Rules of Civil Procedures, Rule 6 (a), "30 days" shall 

be computed by: 

(a) counting the day after publication of the 

rale as the first day; and 

(b) counting the thirtieth consecutive day 

after the day of publication as die thirtieth day, unless 

(c) the thirtieth consecutive day is a Saturday, 

Sunday, or holiday, in which event the comment period 

runs until S p.m. the next regular business day. 

(2) A rule may be made effective on the day 

after the comment period expires. 

R15-4-5. Notice of the Effective Date of a Rule. 

(1) (a) Upon expiration of the comment 

period designated on the rale analysis and filed with the 

rule, and before expiration of 120 days after 

publication of a proposed rule, the agency proposing 

the rule shall notify the division ofthe date the rule is to 

become effective and enforceable. 

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(b) The agency shall notify tiie division after 

determining tiiat die proposed rale, in the form 

published, shall be the final form of die rale, and after 

informing the division of any nonsubstantive changes 

in the rale as provided for in Section R15-4-6. 

(2) (a) The agency shall notify the division by 

filing with the division a form designated for that 

purpose indicating the effective date. 

(b) If die form designated is unavailable to 

the agency, die 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 shall be after the 

comment period specified on the rale analysis. 

(4) The division shall publish the effective 

date in the next issue of the bulletin and digest. There 

is no publication deadline for a notice of effective date, 

nor requirement that it be published prior to the 

effective date. 

R15-4-6. Nonsubstantive Changes in Rules. 

(1) Pursuant to Subsections 63-46a-3(4)(d) 

and 63-46a-6(2), for die 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 nonsubstantive 

according to the criteria cited in Subsection R15-4-

6(1). 

(a) The agency may seek die advice of die 

Attorney General or the division, but the agency is 

responsible for compliance with die cited criteria. 

(3) Without complying with regular 

ralemaking procedures, an agency may make 

nonsubstantive changes in: 

(a) proposed rales abeady published in the 

bulletin and digest but not made effective, or 

(b) rales already effective. 

(4) To make a nonsubstantive change in a 

rule, die 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 die notice die name of die 

agency head or designee authorizing the change. 

(5) A nonsubstantive change becomes 

effective on the date die division makes die change in 

die Utah Administrative Code. 

(6) The division shall record die 

nonsubstantive change and its effective date in die 

administrative rules register. 

Rl 5-4-7. Substantive Changes in Proposed Rules. 

(1) Pursuant to Section 63-46a-6, agencies 

shall comply with the procedures of this section when 

making a substantive change in a proposed rale. 

(a) The procedures of this section apply if: 

(i) the agency determines a change in the rale 

is necessary; 

(ii) the change is substantive under the 

criteria of Subsection 63-46a-2(19); 

(iii) the rale was published as a proposal in 

the bulletin and digest; and 

(iv) the rale has not been made effective 

under the procedures of Subsection 63-46a-6(l)(d) and 

Section R15-4-5. 

(b) If die rule is already effective, the agency 

shall comply widi regular ralemaking procedures. 

(2) To make a substantive change in a 

proposed rale, the agency shall file with the division: 

(a) a rale analysis, marked to indicate the 

agency intends to change a rale already published, and 

describing the change and reasons for it; and 

(b) a copy of the proposed rale previously 

published in die bulletin marked to show only diose 

changes made since the proposed rule was previously 

published as described in Section R15-4-9. 

(3) The division shall publish the rale 

analysis in the next issue of the bulletin, subject to the 

publication deadlines of Section R15-4-3. The division 

may also publish die changed text of die rule. 

(4) The agency may make a change in 

proposed rale effective by following the requirements 

of Section R15-4-5, or may further amend the rale by 

following die procedures of Sections R15-4-6 or R15-

4-7. 

R15-4-8. Temporary 120-day Rules. 

(1) Pursuant to Section 63-46a-7, for the 

purpose of filing a temporary rale, an agency shall 

comply widi the procedures of diis section. 

(2) The agency proposing a temporary rale 

shall determine if the need for the rule complies with 

the criteria of Subsection 63-46a-7(l). 

(a) The division interprets the criteria of 

April 1, 2006 UTAH ADMINISTRATIVE CODE 

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ADMINISTRATIVE SERVICES 

Subsection 63-46a-7(l) to include under "welfare" any 

substantial material loss to die classes of persons or 

agencies the agency is mandated to regulate, serve, or 

protect. 

(3) The agency shall use the same procedures 

for filing and publishing a temporary rale as for a 

permanent rule, except: 

(a) the rale shall become effective and 

enforceable on the day and hour it is recorded by die 

division unless die agency designates a later effective 

date on the rale analysis; 

(b) no comment period is necessary; 

(c) no public hearing is necessary; and 

(d) the rale shall expire 120 days after the 

rale's effective date imless die filing agency notifies the 

division, on the form or by memorandum, of an earlier 

expiration date. 

(4) A temporary rale is separate and distinct 

from a rale filed under regular ralemaking procedures, 

diough the language of the two rales may be identical. 

To make a temporary rale permanent, the agency shall 

propose a separate rale for regular rulemaking. 

(5) When a temporary rule and a similar 

regular rale are in effect at the same time, any conflict 

between the provisions of the two are resolved in favor 

of die rule with the most recent effective date, unless 

the agency designates odierwise as part of the rule 

analysis. 

(6) A temporary rale has the fiill force and 

effect of a permanent rale 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 63-46a4(2)(b), an agency shall underscore language to be 

added and strike out language to be deleted in proposed 

rales. 

(b) Consistent with Subsection 63-46a4(2)(b), an agency shall underscore language to be 

added and strike out language to be deleted in changes 

in proposed rales, 120-day rales, and nonsubstantive 

changes. 

(c) Consistent with legislative bill drafting 

technique, the strack out language shall be surrounded 

by brackets. 

(2) When an agency proposes to make a new 

rule or section, die entire proposed text shall be 

underscored. 

(3)(a) When an agency proposes to repeal a 

complete rale 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 

rale is being repealed. 

(b) The agency shall include widi the rale 

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 strack out in its entirety and 

surrounded by one set of brackets. 

(c) The division shall not publish repealed 

rules unless space is available widiin the page limits of 

die bulletin. 

(4) When an agency fails to mark a change as 

described in this section, the director or his designee 

may refiise 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 die purposes of Section 63-46a-16 and 

diat the agency must comply with regular ralemaking 

procedures to make the change. 

R15-4-10. Estimates of Anticipated Cost or 

Savings, and Compliance Cost 

(1) Pursuant to Subsections 63-46a-4(3), 63-

46a-6(l), 63-46a-7(2), and 53C-1-201(3), when an 

agency files a proposed rale, change in proposed rale, 

120-day (emergency) rale, or expedited rule and 

provides anticipated cost or savings, and compliance 

cost information in die rale analysis, die agency shall : 

(a) estimate the incremental cost or savings 

and incremental compliance cost associated with the 

changes proposed by the rale 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 accrae to "state budgets," "local 

governments," or "other persons" as aggregated cost or 

savings; 

(2) In addition, an agency inay: 

(a) provide a narrative description of 

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anticipated cost or savings, and compliance cost; 

(b) compare anticipated cost or savings, and 

compliance cost figures, for the rule or change to: 

(i) current budgeted costs associated widi die 

existing rale, 

(ii) figures reported on a fiscal note attached 

to a related legislative bill, or 

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

(3) If an agency chooses 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 die rale or change, 

and explain the reason or reasons for the substitution. 

(5) If no cost, savings, or compliance cost is 

associated with the rale or change, an agency may enter 

"none," "no impact," or similar words in die rale 

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 rale 

does not apply to "state budgets," "local government," 

"other persons," 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 rale analysis in compliance 

with this section, the Division may, after making an 

attempt to obtain the required information, refiise to 

register and publish the rale or change. If the Division 

reftises to register and publish a rule or change, it shall: 

(a) return the rale 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 rale or 

change; and 

(c) indicate the filing deadlines for the next 

issue of die Bulletin. 

KEY: administrative law 

Date of Enactment or Last Substantive 

Amendment: July 1,1998 

Notice of Continuation: September 29,2005 

Authorizing, and Implemented or Interpreted Law: 

63-46a-10 

R15. Administrative Services, Administrative 

Rules. 

R15-5. Administrative Rules Adjudicative 

Proceedings. 

R15-5-1. Purpose. 

(1) This rale 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 rale or 

rule change or not to register an agency's notice of 

effective date; and 

(b) a determination by the division whether 

an agency rale meets the procedural requirements of 

Titie 63, Chapter 46a, the Utah Administrative 

Rulemaking Act. 

(2) The informal procedures of this rale apply 

to all other division actions for which an adjudicative 

proceeding may be required. 

R15-5-2. Authority. 

This rule is required by Sections 63-46b-4 and 

63-46b-5, and is enacted under the authority of 

Subsection 63-46a-10(l)(m) and Sections 63-46b-4, 

63-46b-5, and 63-46b-21. 

R15-5-3. Definitions. 

(1) The terms used in this rale are defined in 

Section 63-46b-2. 

(2) In addition, "digest" means the Utah State 

Digest which summarizes the content of the bulletin as 

required under Subsection 63-46a-10(l)(f). 

R15-5-4. Refusal to Publish or Register a Rule or 

Rule Change. 

(1) The division shall not publish a proposed 

rale or rule change when the division determines the 

agency has not met the requirements of Tide 63, 

Chapter 46a, or of Rules R15-3 or R15-4. 

(2) The division shall not register an agency's 

notice of effective date, nor codify the rale or rule 

change in the Utah Administrative Code, if the agency 

exceeds the 120-day limit required by Subsection 63-

46a-4(6)(a) as interpreted in Section R15-4-5. 

(3) The division shall notify die agency of a 

refusal to publish or register a rale or rale change, and 

shall advise and assist die 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. 

April 1, 2006 UTAH ADMINISTRATIVE CODE 

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ADMINISTRATIVE SERVICES 

(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 

die 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 ofthe 

division director's decision. The Executive Director 

shall respond within 20 days affirming or reversing the 

division director's decision. 

R15-5-6. Determining the Procedural Validity of a 

Rule. 

(1) A person may contest the procedural 

validity, or request a determination of whedier a rale 

meets the requirements of Tide 63, Chapter 46a, by 

filing a written petition with the division. 

(a) The rale at issue may be a proposed rule 

or an effective rale. 

(b) The petition must be received by the 

division within the two-year limit set by Section 63-

46a-14. 

(c) The petition may emanate from a 

ralemaking hearing as in Section R15-1-8. 

(d) The petition shall specify the rale or rale 

change at issue and reasons why the petitioner deems it 

procedurally flawed or invalid. 

(e) The petition shall be accompanied by any 

documents the division should consider in reaching its 

decision. 

(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 witiiin 20 days of its receipt. 

(a) The division shall research all records 

pertaining to the rale or rale 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 die 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 

widiin 20 days, the request is denied. 

R15-S-7. Remedies Resulting from an Adjudicative 

Proceeding. 

(1) A rale the division determines is 

procedurally invalid shall be stricken from the Utah 

Administrative Code and notice of its deletion 

published in the next issues of the bulletin and digest. 

(2) The division shall notify the pertinent 

agency and assist die agency in re-filing or odierwise 

remedying the procedural omission or error in the rale. 

(3) A rale the division determines is 

procedurally valid shall be published and registered 

prompdy. 

KEY: administrative procedure, administrative 

law 

Date of Enactment or Last Substantive 

Amendment: June 1,1996 

Notice of Continuation: September 29,2005 

Authorizing, and Implemented or Interpreted Law: 

63-46a-10; 63-46b-4; 63-46b-5; 63-46b-21 

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UTAH ADMINISTRATIVE CODE - 8 -
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NOTICES OF PROPOSED RULES DAR File No. 28501 

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a 

R280-204-7. Miscellaneous Provisions. 

A. Confidentiality: 

(1) All criminal background inftlfmation received bv the 

USOR shaR.be secured bv the desigylfed USOE section. 

(2) AlPsnminal backprouncr check records maintained bv 

USOR and US ^ are protected/Onder Section 63-2-304 with the 

exception of public^femplovee Hftbrmation under Section 63-2-201. 

B. The USOR oTHISOfe has no liability for anv errors or 

misinformation received ftSfavdie BCI as a result of a criminal 

fingerprint background check. Corffeetion of anv misinformation is 

the responsibility of thsTineerprint backCTStrndcheck applicant. 

KEY: criminal bagkeround checks 

Date of Enactment or Last Substantive Amendment: 2006 

Authorizing, anrf Implemented or Interpreted Law; 53A-24-

103; 53A-l-40l/3^ 

Environmental Quality, Air Quality 

R307-204 

Emission Standards: Smoke 

Management 

NOTICE OF PROPOSED RULE 

(Amendment) 

DAR FILE No.: 28501 

FILED: 02/09/2006, 10:29 

RULE ANALYSIS 

PURPOSE OF THE RULE OR REASON FOR THE CHANGE: The Air 

Quality Board is proposing to revise Rule R307-204 to 

enhance Utah's smoke management program by providing 

land managers more flexibility when igniting 'small prescribed 

fires" and "small prescribed pile fires (de minimis)" with 

minimal risk. In addition, to better protect the public health, 

revisions to this rule will require land managers to submit 

more information for "wildland fire use events," such as 

distance to nearest community, elevation of fire, and fire's 

airshed number. Finally a new section was added to clarify 

the procedures for igniting "large prescribed pile fires," which 

will aid in reducing the risk of wildland fires. 

SUMMARY OF THE RULE OR CHANGE: Land managers are given 

more flexibility when igniting "small prescribed fires" and 

"small prescribed pile fires (de minimis)" with minimal risk. 

Cunently land managers cannot ignite these types of fires 

when the clearing index is below 500. When the Clearing 

Index of 500 was originally established there was little 

scientific information available. This proposal will allow land 

managers to ignite these types of fires when the clearing 

index is between 500 and 400 with approval of the executive 

secretary. Allowing these types of fires will help land 

managers reduce excess fuel and thus reduce the potential 

for wildfires. In addition, these types of fires are small and 

contained, making them easier to monitor and control. 

Further, because these fires burn very hot and efficiently, they 

produce fewer emissions. Research on pile burning has 

found that particulates produced by pile buming are neariy 

half of that from broadcast buming (Smoke Management 

Guide for Prescribed and Wildland Fire, 2001 Edition, Ottmar, 

Roger D., 2001). Revisions to this mle will require land 

managers to submit more information about "wildland fire use 

events," such as distance to nearest community, elevation of 

fire, and fire's airshed number. This proposal includes a new 

section outlining procedures for igniting "large prescribed pile 

fires." Additional grammatical and technical revisions were 

made throughout the rule. 

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS 

RULE: Subsection 19-2-104(1 )(a) 

ANTICIPATED COST OR SAVINGS TO: 

• THE STATE BUDGET: Expenses of staffing the smoke 

management program are shared by state and federal 

agencies, with the federal agencies paying all of the salary. 

There may be a savings to the federal and state governments 

in reduced costs for wildfire suppression, by reducing the 

available fuels and thus reducing the potential for wildfires. 

• LOCAL GOVERNMENTS: Local governments will not be 

affected by the rule unless they manage wildlands or use 

prescribed fire. If so, their costs will approximate those of 

other persons-see "Compliance costs for affected persons" 

below. 

• OTHER PERSONS: Most of the paperwork required by this 

rule is already used by governmental land managers. The 

proposed revisions will better protect the public by reducing 

fuels, which will result in lower intensity wildfires. In addition, 

these revisions may result in some savings in reduced illness, 

emergency room visits, lost work and school time for sensitive 

individuals such as asthmatics and the elderly. However, 

those benefits are not quantifiable. 

COMPLIANCE COSTS FOR AFFECTED PERSONS: Most of the 

paperwork required by this rule is already used by 

governmental land managers. The proposed revisions will 

better protect the public by reducing fuels, which will result in 

lower intensity wildfires. In addition, these revisions may 

result in some savings in reduced illness, emergency room 

visits, lost work and school time for sensitive individuals such 

as asthmatics and the elderiy. However, those benefits are 

not quantifiable. 

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE 

RULE MAY HAVE ON BUSINESSES: Land managers are working to 

restore healthy ecosystems, and are including the use of fire 

as a management tool. This rule ensures that public health is 

better protected. Very few businesses will be affected by the 

rule, and their costs are uncertain. Dianne R. Nielson, 

Executive Director 

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURING REGULAR 

BUSINESS HOURS, AT: 

ENVIRONMENTAL QUALITY 

AIR QUALITY 

150 N1950W 

SALT LAKE CITY UT 84116-3085, or 

at the Division of Administrative Rules. 

UTAH STATE BuLLETW, March 1, 2006, Vol. 2006, No. 5 

f'< 
DAR File No. 28501 NOTICES OF PROPOSED RULES 

a DIRECT QUESTIONS REGARDING THIS RULE TO: 

Mat E. Cariile at the above address, by phone at 801-536-

4136, by FAX at 801-536-0085. or by Internet E-mail at 

MCARLILE@utah.gov 

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY 

SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NO LATER 

THAN 5:00 PM on 03/31/2006 

INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING 

THIS RULE: 3/16/2006 at 2:00 PM, DEQ Building, Main 

Conference Room, 150 N 1950 W, Salt Lake City, UT. 

THIS RULE MAY BECOME EFFECTIVE ON: 04/06/2006 

AUTHORIZED BY: M. Cheryl Heying, Planning Branch Manager 

d 

R307. Environmental Quality, Air Quality. 

R307-204. Emission Standards; Smoke Management 

R307-204-3. Definitions. 

The following additional definitions apply only to R307-204. 

"Annual Emissions Goal" means the annual establisiunent of a 

planned quantitative value of emissions reductions fivm prescribed fire. 

"Best Management Practices" means smoke management and 

dispersion techniques used during a prescribed fire or a wildland fire 

use[4] eventffor rcaource benofitl that affect the direction, duration, 

height or density of smoke. 

"Bum Plan" means the plan required for each fire ignited by 

managers or allowed to bum. 

"Bum Window" means the period of time during which the 

prescribed fire is scheduled for ignition. 

"Emission Reduction Techniques (ERT)" mean tectiniques for 

controlling emissions from prescribed fires to minimize the amount of 

emission output per unit or acre burned. 

"Federal Class I Area" means any Federal land that is federally 

classified or reclassified Class I. 

'Tire Prescription" means the measurable criteria that define 

conditions under which a prescribed fire may be ignited, guide 

selection of appropriate management responses, and indicates other 

required actions. Prescription criteria may include but are not limited to 

safety, economic, public health, environmental, geographic, 

administrative, social, or legal considerations. 

"Land Manager" means any federal, state, local or private entity 

that owns, administers, directs, oversees or controls the use of public or 

private land, including the application of fire to the land. 

"Non-burning Alternatives to Fire" means non-buming techniques 

that are used to acliieve a particular land management objective, 

including but not limited to reduction of fiiel loading, manipulation of 

fuels, enhancement of wildlife habitat, and ecosystem restructuring. 

These alternatives are designed to replace the use of fire for at least the 

next five years. 

"Particulate Matter" means the liquid or solid particles such as 

dust smoke, mist, or smop found in air emissions. 

"Pile" means natural materials or debris resulting from some 

type of fuels management practice that have been relocated either bv 

hand or machinery into a concentrated area. 

"Pile Buming" means burning of individual piles. 

"Prescribed Fire or Prescritied Bum" means any fire ignited by 

management actions to meet specific objectives, such as acliieving 

resource benefits.[ 

"Particulate Matter" moano tho liquid or solid poitioloa ouoh no 

dust, amokc, miot, or smog found in air cmiasiono.] 

"Smoke Sensitive Receptors" means population centers such as 

towns and villages, campgrounds and trails, hospitals, nursing homes, 

schools, roads, aiiports. Class I areas, nonattainment and maintenance 

areas, areas whose air quality monitoring data indicate pollutant levels 

that are close to health standards, and any other areas where smoke and 

air pollutants can adversely affect public healtli, safety and welfare. 

"Wildland" means an area in which development is essentially 

non-existent, except for pipelines, power lines, roads, railroads, or other 

transportation or conveyance facilities. Structures, if anv. are widelv 

scattered. 

"Wildland Fire" means any non-structure fire, other than 

prescribed fire, that occurs in the wildland. 

"Wildland Fire Use[d for Roaouroc Boncfita (WFURB)lEvgnt" 

means naturally ignited wildland fire that is managed to accomplish 

specific preslated resource management objectives in predefined 

geographic areas. 

"Wildland Fire Inq)lementation Plan" means the plan required for 

each fire that is allowed to bum. 

"Wildland Fire Implementation Plan Stage I" means the initial 

wildland lire planning document It is developed for fires with a low 

potential of spread and negative impacts. 

"Wildland Fire Implementation Plan Stage II" means a more 

detailed wildland fue planning document. It is developed for larger 

more active fires with a greater potential for geogiapiiic extent. 

R307-204-4. General Requirements. 

(1) Management of On-Going Fires. If, after consultation with 

the land manager, the executive secretary determines that a prescribed 

fire, wildland fire use[d for rooouroo bonofits] event wildland fire, or 

any smoke transported fit)m other locations, is degrading air quality to 

levels that could violate the National Ambient Air Quality Standards or 

bum plan conditions, the land manager shall promptly stop igniting 

additional prescribed fues. 

(2) Emissions Calculations. In calculating emissions information 

required under R307-204, each land manager shall use emission factors 

approved by the executive secretary. 

(3) Non-buming Alternatives to Fire. Beginning in 2004 and 

annually thereafter, each land manager shall submit to the executive 

secretary by March 15 a list of areas treated using non-buming 

alternatives to iire during the previous calendar year, including the 

number of acres, the specific types of alternatives used, and the location 

of these areas. 

(4) Annual Emissions Goal. The executive secretary shall 

provide an opportunity for an annual meeting with land managers for 

the purpose of evaluation and adoption of the annual emission goal. 

The annual emission goal shall be developed in cooperation with states, 

federal land management agencies and private entities, to control 

prescribed fire emissions increases to the maximum feasible extent. 

(5) Long-term Fire Projections. Each land manager shall provide 

to the executive secretary by March 15 annually long-term projections 

of future prescribed fve [and wildland firo used for resouroo bonofits 

jactivity for annual assessment of visibility impairment 

'A UTAH STATE BULLETIN, March 1,2006, Vol. 2006, No. 5 
NOTICES OF PROPOSED RULES DAR File No. 28501 

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R307-204-«. SmaU Prescribed Fires. 

(1) A prescribed fire that covers less than 20 acres per bum[-a»d 

results in air emiosions loss than 0.5 tons of portioulote matter per day] 

shall be ignited only when the clearing index is 500 or greater. 

(2) A prescribed fire that covers less than 20 acres per dav may be 

ignited when the National Weather Service Clearing Index is 

between 500 and 400 under a conditional basis with approval ofthe 

executive secretary. 

(a) The prescribed fire should be recorded as a de minimis 

prescribed fire on the Utah Annual Bum Schedule. 

(b) The Land Manager is required to notify the executive 

secretary bv fax, e-mail, or phone prior to ignition ofthe bum when 

buming below a National Weather Service Clearing Index is 

between 500 and 400. 

(c) Additional reporting requirements including hourlv 

photographs, a record of anv complaints, hourly meteorological 

conditions and an hourlv description of the smoke plume must be 

recorded and submitted. 

R307-204-7. Small Prescribed Pile Fires (de minimis). 

en Pile bums covering up to 30.000 cubic feet per dav shall be 

ignited onlv when the clearing index is 500 or greater. 

(2) Pile bums covering up to 30.000 cubic feet per dav mav be 

ignited when the National Weather Service Clearing Index is 

behveen 500 and 400 under a conditional basis with approval ofthe 

executive secretary. 

(&) The pile fire should be recorded as a de minimis prescribed 

fire on the Utah Annual Bum Schedule. 

(b) The Land Manager is required to notify the executive 

secretary by fax, e-mail, or phone prior to ignition ofthe bum when 

buming below a National Weather Service Clearing Index is 

between 500 and 400. 

Cc) Additional reporting requirements including hourlv 

photographs, a record of anv complaints, hourly meteorological 

conditions and an hourlv description of the smoke plume must be 

recorded and submitted. 

R307-204-(7]8. Large Prescribed Fires. 

(1) Bum Plan. For a prescribed fire that covers 20 acres[ or more 

per burn or rogults in oir emissions of 0.5 tons or more of portioulato 

matter par day], the land manager shall submit to the executive 

secretary a bum plan, including a fire prescription, upon request 

(2) Pre-Bum Information. For a prescribed fire that covers 20 

acres or more per bum[ or reoulto in air omissions of 0.5 tons or moro of 

particulate matter per day], the land manager shall submit pre-bum 

information to the executive secretary at least two weeks before the 

beginning of the bum window. The pre-bum information shall be 

submitted to the executive secretary on the form provided by the 

Division of Air Quality by fax, electronic mail or postal mail and shall 

include the following infomiation: 

(a) The three-letter ID, project number, date submitted, name of 

person submitting the form, bum manager, and phone numbers; 

(b) Summary of bum objectives, such as restoration or 

maintenance of ecological fiinctions or indication of fire resiliency; 

(c) Any sensitive receptor within 15 miles, including any Class I 

or nonattainment or maintenance area, and distance and directirai in 

degrees from the project site; 

(d) Planned mitigation methods; 

(e) The smoke dispersion or visibility model used and results; 

(f) The estimated amount of total particulate matter anticipated; 

(g) A description of how the public and land managers in 

neighboring states will be notified; 

(h) A map[, profembly with o soalo of 1:62,500,] depicting both 

the daytime and nighttime smoke path and down-drainage flow for a 

minimum of 15 miles fixtm the bum site with smoke-sensitive areas 

delineated; 

(i) Safety and contingency plans for addressing any smoke 

intrusions; and 

(j) If ttie fire is in a nonattainment or maintenance area and is 

subject to general conformity (42 U.S.C. 7506{cj), a copy of the 

conformity demonstration showing that the fire meets the requirements 

of the Clean Air Act and conforms with the applicable State 

Implementation Plaa 

(k) Planned use of emission reduction techniques to support 

establishment of an annual emissions goal, if not already submitted 

under R307-204-5. 

(I) Any other information needed by the executive secretary for 

smoke management purposes, or for assessment of contribution to 

visibility impairment in any Class I area. 

(3) Bum Request 

(a) The land manager shall submit to the executive secretary a 

bum request on the form provided by the Division of Air Quality by 

[10:00 a.m.]l000 hours at least two business days before the planned 

ignition time. The form may be submitted by fax or electronic mail, 

and must include the following information: 

(i) The three-letter identification and project number consistent 

with the annual bum schedule required in R307-204-5(l) above; 

(ii) The date submitted and by whom; and 

(iii) The bum manager conducting the bum and phone numbers. 

(b) No prescribed fire requiring a bum plan shall be ignited before 

the executive secretary approves or conditionally approves the bum 

request 

(c) If a prescribed fire is delayed, changed or not completed 

following bum approval, any significant changes in the bum plan shall 

be submitted to the executive secretary before the bum request is 

submitted. If a prescribed fire is not carried out, the land manager shall 

list the reasons on the bum request fcHm provided by the Division of 

Air Quality and shall submit the form by fax or electronic mail to the 

executive secretary by 18:00 o.m.]0800 hours the following business 

day. 

(4) Daily Emissions Report By [8:00 tt.m.]0800 hours on the day 

following the prescribed bum, for each day of prescribed fire activity 

covering [50]20 acres or more, the land manager shall submit to the 

executive secretary a daily emission report on the form provided by the 

Division of Air Quality including the following information: 

(a) The three-letter identification and project number consistent 

with the annual bum schedule required in R307-204-5(l) above; 

(b) The date submitted and by whom; 

(c) The start and end dates and times ofthe bum; 

(d) Emission information including black aaes, tons fuel 

consumed per acre, and tons particulate matter produced; 

(e) Public interest regarding smoke; 

(f) Daytime ventilation; 

(g) Nighttime smoke behavior, 

(h) Evaluation of the techniques used by the land manager to 

reduce emissions or manage the smoke from the prescribed bum; and 

(i) Emission reduction techniques applied. 

(5) Emission Reduction and Dispersion Techniques. Each land 

manager shall take measures to prevent smoke impacts. Such measures 

may include best management practices such as dilution, emission 

20 UTAH STATE BULLETIN, March 1,2006, Vol. 2006, No. 5 

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DAR File No. 28501 NOTICES OF PROPOSED RULES 

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a 

reduction or avoidance in addition to others described in the pre-bum 

information form provided by die Division of Air Quality. An 

evaluation of the techniques shall be included in the daily emissions 

report required by (4) above. 

(6) Monitoring Land managers shall monitor the effects of the 

prescribed fire on smoke sensitive receptors and on visibility in Class I 

areas, as directed by the bum plan. Hourly visual monitoring and 

documentation ofthe direction ofthe smoke plume shall be recorded on 

the form provided by the Division of Air Quality or on the land 

manager's equivalent form. Complaints fiom the public shall be noted 

in the project file. Records shall be available for inspection by the 

executive secretary for six months following the end ofthe fire. 

R307-204-9. Large Prescribed Pile Fires. 

fl) Bum Plan. For a prescribed pile fire that exceeds 30.000 

cubic feet per dav. the land manager diall submit to the executive 

secretary a bum plan, including a fire prescription, upon request 

(21 Pre-Bum Information. For a prescribed pile fire that exceeds 

30.000 cubic feet or more oer bum, the land manager shall submit prebum information to the executive secretary at least two weeks before 

the beginning ofthe bum vyindow. The ore-bum information shall be 

submitted to the executive secretary on the form provided bv the 

Division of Air Oualitv bv fax, electronic mail or postal mail and shall 

include the following information: 

(al The three-letter ID. project number, date submitted, name of 

person submitting the form, bum manager, and phone numbers: 

(b> Summary of bum objectives, such as restoration or 

maintenance of ecological fiinctions or indication of fire resiliencv: 

(ct Anv sensitive receptor within 15 miles, including anv Class I 

or nonattainment or maintenance area, and distance and direction in 

degrees from the project site: 

(d) Planned mitigation methods: 

(el The smoke dispersion or visibihty model used and results: 

(fl The estimated amount of total particulate matter anticipated; 

(g> A description of how the public and land managers in 

neighboring states will be notified: 

(hi) A map depicting both the davtime and nighttime smoke path 

and down-drainage flow for a minimum of 15 miles fi-om the bum site 

with smoke-sensitive areas delineated: 

(i) Safety and contingency plans for addressing anv smoke 

inlmsions: and 

(]) If the fire is in a nonattainment or maintenance area and is 

subject to general conformity (42 U.S.C. 7506(c)). a copy of the 

conformity demonstration showing that the fire meets the requirements 

of the Clean Air Act and conforms with the applicable State 

Implementation Plan. 

(k) Planned use of emission reduction techniques to support 

establishment of an annual emissions goal, if not already submitted 

under R307-204-5. 

(11 Anv other information needed bv the executive secretary for 

smoke management purposes, or for assessment of contribution to 

visibilitv impairment in anv Class I area. 

(31 Bum Request. 

(a) The land manager shall submit to the executive secretary a 

bum request on the foim provided bv the Division of Air Oualitv bv 

1 OOP hours at least two business davs before the planned ignition time. 

The form may be submitted bv fax or electi-onic mail, and must include 

the following information: 

(i) The three-letter identification and project number consistent 

witii the annual bum schedule required in R307-204-5(n above: 

(iii The date submitted and bv whom: and 

(iiii The bum manager conducting the bum and phone numbers. 

(bl No prescribed pile fire requiring a bum plan shall be ignited 

before the executive secretary approves or conditionally approves die 

bum request 

(c1 If a prescribed pile fire is delayed, changed or not completed 

following bum approval, anv significant changes in die bum plan shall 

be submitted to the executive secretary before the bum request is 

submitted. If a prescribed fire is not carried out the land manager shall 

list the reasons on the bum request form provided bv the Division of 

Air Duality and shall submit the form bv fax or elecfatinic mail to the 

executive secretary bv 0800 hours the following business dav. 

(41 Daily Emissions Report Bv 0800 hours on the dav following 

the prescribed pile bum, for each dav of pile fire activity exceeding 

30.000 cubic feet the land manager shall submit to the executive 

secretary a daily emission report on the form provided bv die Division 

of Air Oualitv including the following information: 

(al The three-letter identification and project number consistent 

with the aimual bum schedule required in R307-204-5(11 above: 

(bl The date submitted and bv whom: 

(cl The start and end dates and times of the bum: 

(dl Emission information including black acres, tons fuel 

consumed pw acre, and tons particulate matter produced: 

(el Public interest regarding smoke: 

(fl Davtime ventilation: 

(g1 Nighttime smoke behavior. 

(hi Evaluation of the techniques used bv the land manager to 

reduce emissions or managp the smoke fiom the prescribed pile bum: 

and 

(ii Emission reduction techniques apphed. 

(51 Emission Reduction and Dispersion Techniques. Each land 

manager shall take measures to prevent smoke impacts. Such measures 

mav include best management practices such as dilution, emission 

reduction or avoidance in addition to others described in the ore-bum 

information form provided bv the Division of Air Oualitv. An 

evaluation ofthe techniques shall be included in the daily emissions 

report required bv (41 above. 

(61 Monitoring. Land managers shall monitor the effects ofthe 

prescribed pile fire on smoke sensitive receptors and on visibility in 

Class I areas, as directed bv the bum plan. Hourlv visual monitOTing 

and documentation of the direction of the smoke plume shall be 

recorded on the form provided bv the Division of Air Oualitv or on the 

land manager's equivalent form. Complaints fix)m the public shall be 

noted in the project file. Records shall be available for inspection bv 

the executive secretary for six months following the end ofthe fire. 

R307-204-[8]10. Requirements for Wildland Fire [with Potential 

(I) Bum Approval Required. 

(a) The land manager shall notify the executive secretary [by the 

close of businoso ofthe first day of any wildland firo that covers 20 

aoros or moro.—Tho notifiootion shall include tho foUo>ving 

informarionlof any potential wildland fire use fWFU1 event having a 

wildland fire implementation plan (WFIP1 Stage I. The following 

information will be provided: 

(i) UTM coordinate of the fire; 

(ii) Active buming acres; 

(iii) Probable fire size and daily anticipated growth in acres; 

(iv) Types of wildland fuel involved; 

(v) An emergency telephone number that is answered 24 hours a 

day;[-«jd] 

UTAH STATE BULLETIN, March 1, 2006, Vol. 2006, No. 5 21 

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NOTICES OF PROPOSED RULES DAR File No. 28502 

o 

(vi) Wildemess or Resource Natiiral Area designation, if 

applicable[T]; 

(viil Distance to nearest community; 

(viiil Elevation of fire: and 

fix1 Fire's airshed number. 

(b) [The following information sholl be submitted to tho 

executive secretary M hours after submittal ofthe infomiation roquirod 

bv (IVal abovoTThe Land Managers shall notify the executive 

secretary of anv potential wildland fire use (WFLD event covering 

more than 20 acres or having a WFIP Stage II. In addition to the 

infonmation required for a WFU with a WFIP Stage I. the following 

additional information will be provided to the executive secretary as 

it is being develoiwd: 

(i) WFIP Stage II FWIwildknd fire implementation plan and 

anticipated emissions; 

(ii) A map[, [woforably with a soole of 1:62,500,] depicting both 

the daytime and nighttime smoke path and down-drainage flow for a 

minimum of 15 miles from the bum site with smoke-sensitive areas 

delineated; and 

(iii) Additional con^uter smoke modeling, if requested by die 

executive secretary. 

(c) The executive secretary's approval ofthe smoke management 

element of the wildland fire implementation plan shall be obtained 

before managing the fire as a wildland fire use[4] eventffor resouroo 

benefits]. 

(2) Daily Emission Report for [WJwildland [Flfire [¥]use[d] 

eventffor Resouroo Benefits!. By [8:00 a.m.]0800 hours on tiie 

business day following fire activity covering [50]20 acres or more, the 

land manager shall submit to the executive secretary the daily emission 

report on the form provided by the Division of Air Quality, including 

the following information: 

(a) The three-letter identification, project number. Air Quality 

Basin, and name ofthe bum manager; 

(b) UTM coordinate; 

(c) Dates and times ofthe start and end ofthe bum; 

(d) Black acres by wildland fuel type; 

(e) Estimated proportion of wildland fliel consumed by wildland 

fiiel type; 

(f) Proportion of moisture in the wildland fiiel by size class; 

(g) Emission estimates; 

(h) Level of public interest or concern regarding smoke; and 

(i) Conformance to the wildland fire implementation plan. 

(3) Monitoring. The land manager shall monitor the effects of 

smoke on smoke sensitive receptors and visibility in Class I areas as 

directed by the wildland fire implementation plan. Complaints from 

Uie public shall be recorded in the project file. Records shall be 

available for inspection by the executive secretary for six months 

following the end ofthe fire. 

KEY: air quality, wildland fire, smoke, land manager 

Date of Enactment or Last Substantive Amendment: [July 7» 

200S12006 

Authorizing, and Implemented or Interpreted Law: 19-2-lD4(l)(a) 

Environmeiqtal Quality^ Air Quality 

Csbe^s 

NOTICE OF PROPOSED RULE 

(Amendment) 

DAR FILE NO.: 28502 

FILED: 02/09/2006,13:18 

RULE ANALYSIS 

PURPOSE OF THE RULE OR REASON FOR THE CHANGE: The 

amendments allow users to notify the Division of Air Quality 

(DAQ) electronically when demolition or renovation projects 

that disturb asbestos are to be undertaken. Nonsubstantive 

editorial,corrections are also made. / 

\ / 

SuMMARYpF THE RULE OR CHANGE: In Section R307-801-12, 

add language to allow notification of DAQ through the DAQ 

electronic riptification system when demolition or renovation 

projects that^listurb asbestos are planned. The nile currently 

allows notification in person, by the U.S. Postal Service, or by 

commercial delivery services, and those notification methods 

will remain in the revised rule. In Subsection R807-801(2)(b), 

clarify that the Vaiting period is 10 WORWNG days, not 

calendar days, tA be consistent with Subs«:tion R307-801-

11(1)(a); in Subsection R307-801-14(4), tfbrrect the citation 

from Section R3{l7-801-8 to Section/ R307-801-14: in 

Subsection R307-8(M-15(1), delete the/cronym ACWM and 

insert ASBESTOS mSTE. 

STATE STATUTORY OR CONSTITUTION 

RULE: Subsection 19-2-t04(1)(d)< 

(t), 40 CFR Part 61 SubpaliJ M, ar 

AUTHORIZATION FOR THIS 

Id 19-2-104(3)(r) through 

40 CFR Part 763 Subpart 

ANTICIPATED COST OR SAVINGS Yo: 

• THE STATE ButxsET: The e/eotronic notification system has 

been created from a grant fnom tlte federal EPA and with DAQ 

asbestos program fees. Tnere will be small ongoing savings 

to DAQ, because notificafiorrv fonns will be stored 

electronically and not ii^aper files.^ 

• LOCAL GOVERNMENTS: Local goveriVnents are not affected 

by this change becagse they do not i^nduct demolition or 

renovation projectsytnat disturb asbestos 

• OTHER PERSONSf Electronic notificationVill be quicker, thus 

saving time and inoney for asbestos contractors. However, 

the amounts sa^d are not quantifiable. The^ther changes to 

the rule do notflffect costs or savings, other t)wn that making 

the rule langiiege clearer will save time for affected persons. 

Again, this benefit is small and not quantifiable\ 

COMPLIANCE COSTS FOR AFFECTED PERSONS: Electronic 

notification will be quicker, thus saving time and money for 

asbestos contractors. However, the amounts savea,are not 

quantifiable. The other changes to the rule do not affect costs 

or savings, other than making the mle language clearer will 

save time for affected persons. Again, this benefit is ^mall 

and not quantifiable. 

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE 

RULE MAY HAVE ON BUSINESSES: Electronic notification saves 

time and money for the business community, and, in many 

cases, is also more convenient. Dianne Nielson, Executive 

Director 

22 UTAH STATE BULLETIN, March 1, 2006, Vol. 2006, No. 5 

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^ Hearing 

Q 
< 

4770 S. 5600 W. 

P.O.BOX 704005 

WEST VALLEY CITY, UTAH 8417 0 

FED.TAX I.D.# 87-0217663 

Newspaper Agency Corporation 

PROOF 

Morning News 

OF PUBLICATION 

CUSTOMER'S 

COPY 

CUSTOMER NAME AND ADDRESS 

UT ST DEPT OF ENV QUALITY 

DIVISION OF AIR QUALITY 

PO BOX 144820 

SALT LAKE CITY UT 84114 

ACCOUNT NUMBER 

U5364000L-07 

iiiii;i::iiiiiiiiii| 

03/02/06 1 

t 

ACCOUNT NAME 

UT ST DEPT OF ENV QUALITY 

TELEPHONE 

801-536-4000 

INVOICE NUMBER 

TL8202YO001 

SCHEDULE 

START 02/13/0 6 END 03/02/0 6 

CUST. REF. HO* 

DAQPN002 

CAPTION 

NOTICE OF PUBLIC HEARING SMOKE 

jiiSizEi 

37 LINES 2 . 0 0 COLUMN 

,00 

KATK:: 

1.6 8 

AD CHARGES 

253 .64 

•TOTAL:-: :c©STS 

253.6 4 

AFFIDAVIT OF PUBLICATION 

" NOTia OF PUBUC HEARING 

Smoke Mairagenwiit Rule 

The Utah Air Quality Board proposes to amend R307-

..204, the SiTK^e Monogeinent nule. This amendment will 

y. enhance Utah s smoke management program by providx ing land managers more flexibility wtien igniting "small 

"prescribed fires" and small prescribed pile fires (de 

minimis) with minimal risit- In addition, to better protect 

the public hecltti, revisions to this rule will require land 

managers to submit more information for wildland fire 

-use events, sucti as di^ance to nearest comnmnity, ete-

: vation of fire, and fire s airshed number. Rnally a new 

^; section is being proposed to dorify the procedures for 

igniting large prescribed pile fires,' whidi will aid in 

reducing the risk of wildland fires. 

A public hearing will be held at 2:00 pjn. on March 16, 

-2006, in the main conference room of me Department of 

Environmental Quality building at 150 N. 1950 West in 

-Salt Lake Qty. In compliance with the American with 

Disabilities Act, individuals with special needs (including 

auxiliary communicative aids and services) should contoa 

Charlene Lomph, Office of Human Resources at (801 i 

536-4413 (T13D 536-4414). - ' 

The comment period doses ot 5:00 p.m. on Wardi 31, 

2006. Comments postmarked on or before that dote 

will be accepted. Comments may be subriiitted by electronic mail to mcQrlile@utah.gov or moy be mqilea to: 

ATTN: Smoke Management Rule 

Richard W. Sprott, Director 

Utah Division of Air Quality 

PO Box 144820 

SaltLokeaty.UT 84114-4820 

8202YO00 ^ 

AS NEWSPAPER AGENCY CORPORATION LEGAL BOOKKEEPER, I CERTIFY THAT THE ATTACHED 

ADVERTISEMENT OF NOTICE OF PUBLIC HEARING SMOKE FOR 

UT ST DEPT OF ENV QUALITY WAS PUBLISHED BY THE NEWSPAPER AGENCY 

CORPORATION, AGENT FOR THE SALT LAKE TRIBUNE AND DESERET NEWS,DAILY NEWSPAPERS 

PRINTED IN THE ENGLISH LANGUAGE WITH GENERAL CIRCULATION IN UTAH,AND PUBLISHED 

IN SALT LAKE CITY, SALT LAKE COUNTY IN THE STATE OF UTAH. 

PUBLISHED 

% 

SIGNATURE 

DATE 

START 02/13/06 ENI^ ^^^/^^^^m^pHbto '^ ^ 

'^^ ^ SHERILEARL I 

143 South Main Slreat a 

SallLakBCity. Utah 84111 i 

My Cofronission Expires g 

May Z4,2009 1 

THIS IS NOT A STATEMENT BUT A "PROOF OF PUBLICATION" 

PLEASE PAY FROM BILLING STATEMENT. 
u Utah 

Air Quality Board 

Public Hearing Roster 

Hearing Date:3/16/06 Place Main conference room of the Department of 

Environmental Oualitv building at 150 N. 1950 West in Salt Lake City. 

a 

Subject Smoke Management Rule 

Name Affiliation 

/^ikT Ur^U^ 

X 

\ 

\ 

\ . 

\ 

OAk 

A^ 

0 

^/y.. . - ^ 

. "^TA^ • \ -r- ^ 

\ 

\ 

\ 

\ 

\ 

\ 

\ 

Phone and Email Address 

r56 HlK 

t ^ 

y^r. . 

'%Y9 

/7^ 

''^.// -'r-

\ 

\ 

\ 

% 

r '^^ 
^ 

^ Effective Rule 

% 
s 

» 

R307-204 

DAR No. 28501, AMD 

Effective April 7,2006 

CERTIFIED A TRUE^^PV 

% 

c-' 
a 

^ 

% 

R307-204 2 

R307. Environmental Quality, Air Quality. 

R307-204. Emission Standards: Smoke Management 

R307-204-1. Purpose and Goals. 

(1) Tiie purpose of R307-204 is to establish by rule 

procedures that mitigate the impact on public health and 

visibility of prescribed fire and wildland fire. 

R307-204-2. Applicability. 

(1) R307-204 applies to all persons using prescribed 

fire or wildland fire on land they own or manage. 

(2) R307-204 does not apply to agricultural 

activities specified in 19-2-114 and to those regulated under 

R307-202, or to activities otherwise permitted under R307. 

R307-204-3. Definitions. 

The following additional definitions apply only to 

R307-204. 

"Annual Emissions Goal" means the annual 

establishment of a planned quantitative value of emissions 

reductions from prescribed fire. 

"Best Management Practices" means smoke 

management and dispersion techniques used during a 

prescribed fire or a wildland fire use event that affect the 

direction, duration, height or density of smoke. 

"Bum Plan" means the plan required for each fire 

ignited by managers or allowed to bum. 

"Bum Window" means the period of time during 

which the prescribed fire is scheduled for ignition. 

"Emission Reduction Techniques (ERT)" mean 

techniques for controlling emissions from prescribed fires to 

minimize the amount of emission output per unit or acre 

burned. 

"Federal Class I Area" means any Federal land that is 

federally classified or reclassified Class I. 

"Fire Prescription" means the measurable criteria that 

define conditions under which a prescribed fire may be ignited, 

guide selection of appropriate management responses, and 

indicates other required actions. Prescription criteria may 

include but are not limited to safety, economic, public health, 

environmental, geographic, administrative, social, or legal 

considerations. 

"Land Manager" means any federal, state, local or 

private entity that owns, administers, directs, oversees or 

controls the use of public or private land, including the 

application of fire to the land. 

"Non-buming Alternatives to Fire" means nonbuming techniques that are used to achieve a particular land 

management objective, including but not limited to reduction of 

fuel loading, manipulation of fuels, enhancement of wildlife 

habitat, and ecosystem restmcturing. These alternatives are 

designed to replace the use of fire for at least the next five 

years. 

"Particulate Matter" means the liquid or solid 

particles such as dust, smoke, mist, or smog found in air 

emissions. 

"Pile" means natural materials or debris resulting 

from some type of fuels management practice that have been 

of 5 DAR No. 28501 

relocated either by hand or machinery into a concentrated 

area. 

"Pile Buming" means buming of individual piles. 

"Prescribed Fire or Prescribed Bum" means any fire ignited by 

management actions to meet specific objectives, such as 

achieving resource benefits. 

"Smoke Sensitive Receptors" means population 

centers such as towns and villages, campgrounds and trails, 

hospitals, nursing homes, schools, roads, airports. Class I areas, 

nonattainment and maintenance areas, areas whose air quality 

monitoring data indicate pollutant levels that are close to health 

standards, and any other areas where smoke and air pollutants 

can adversely affect public health, safety and welfare. 

"Wildland" means an area in which development is 

essentially non-existent, except for pipelines, power lines, 

roads, railroads, or other transportation or conveyance facilities. 

Structures, if any, are widely scattered. 

"Wildland Fire" means any non-stmcture fire, other 

than prescribed fire, that occurs in the wildland. 

"Wildland Fire Use Event" means nattjrally ignited 

wildland fire that is managed to accomplish specific prestated 

resource management objectives in predefined geographic 

areas. 

"Wildland Fire Implementation Plan" means the plan 

required for each fire that is allowed to bum. 

"Wildland Fire Implementation Plan Stage I" means 

the initial wildland fire planning document. It is developed for 

fires with a low potential of spread and negadve impacts. 

"Wildland Fire Implementation Plan Stage II" means 

a more detailed wildland fire planning document. It is 

developed for larger more active fires with a greater potential 

for geographic extent. 

R307-204-4. General Requirements. 

(1) Management of On-Going Fires. If, after 

consultation with the land manager, the executive secretary 

determines that a prescribed fire, wildland fire use event, 

wildland fire, or any smoke transported from other locations, is 

degrading air quality to levels that could violate the National 

Ambient Air Quality Standards or bum plan conditions, the 

land manager shall promptly stop igniting additional prescribed 

fires. 

(2) Emissions Calculations. In calculating emissions 

information required under R307-204, each land manager shall 

use emission factors approved by the executive secretary. 

(3) Non-buming Alternatives to Fire. Beginning in 

2004 and annually thereafter, each land manager shall submit to 

the executive secretary by March IS a list of areas treated using 

non-buming alternatives to fire during the previous calendar 

year, including the number of acres, die specific types of 

alternatives used, and the location of these areas. 

(4) Annual Emissions Goal. The executive secretary 

shall provide an opportunity for an annual meeting with land 

managers for the purpose of evaluation and adoption of the 

annual emission goal. The annual emission goal shall be 

developed in cooperation with states, federal land management 

agencies and private entities, to control prescribed fire 

emissions increases to the maximum feasible extent. 

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R307-204 3 

(5) Long-term Fire Projections. Each land manager 

shall provide to the executive secretary by March 15 annually 

long-term projections of fiiture prescribed fire activity for 

annual assessment of visibility impairment. 

R307-204-5. Bum Schedule. 

(1) Any land manager planning prescribed fire 

buming more than 50 acres per year shall submit the bum 

schedule to the executive secretary on forms provided by the 

Division of Air Quality, and shall include the following 

information for all fires including those smaller than 50 acres: 

(a) Project number and project name; 

(b) Air Quality Basin, UTM coordinate for the 

central point of the prescribed fire, project elevation, and 

county; 

(c) Total project acres, description of major fuels, 

type of bum, ignition method, and planned use of emission 

reduction techniques to support establisment of the annual 

emissions goal; 

(d) Earliest bum date and bum duration. 

(2) Each land manager shall submit each year's bum 

schedule no later than March 15 of that year. 

(3) Any land manager who makes changes to the 

bum schedule shall submit an amendment to the bum schedule 

within 10 days after the change. 

R307-204-6. Small Prescribed Fires. 

(1) A prescribed fire that covers less than 20 acres 

per bum shall be ignited only when the clearing index is 500 or 

greater. 

(2) A prescribed fire that covers less than 20 acres 

per day may be ignited when the National Weather Service 

Clearing Index is between 500 and 400 under a conditional 

basis with approval of the executive secretary. 

(a) The prescribed fire should be recorded as a de 

minimis prescribed fire on the Utah Annual Bum Schedule. 

(b) The Land Manager is required to notify the 

executive secretary by fax, e-mail, or phone prior to ignition 

of the bum when buming below a National Weather Service 

Clearing Index is between 500 and 400. 

(c) Additional reporting requirements including 

hourly photographs, a record of any complaints, hourly 

meteorological conditions and an hourly description of the 

smoke plume must be recorded and submitted. 

R307-204-7. Small Prescribed Pile Fires (de minimis). 

(1) Pile bums covering up to 30,000 cubic feet f>er 

day shall be ignited only when the clearing index is 500 or 

greater. 

(2) Pile bums covering up to 30,000 cubic feet per 

day may be ignited when the National Weather Service 

Clearing Index is between 500 and 400 under a conditional 

basis with approval ofthe executive secretary. 

(a) The pile fire should be recorded as a de 

minimis prescribed fire on the Utah Annual Bum Schedule. 

(b) The Land Manager is required to notify the 

executive secretary by fax, e-mail, or phone prior to ignition 

of 5 DAR No. 28501 

of the bum when buming below a National Weather Service 

Clearing Index is between 500 and 400. 

(c) Additional reporting requirements including 

hourly photographs, a record of any complaints, hourly 

meteorological conditions and an hourly description of the 

smoke plume must be recorded and submitted. 

R307-204-8. Large Prescribed Fires. 

(1) Bum Plan. For a prescribed fire that covers 20 

acres, the land manager shall submit to the executive secretary a 

bum plan, including a fire prescription, upon request. 

(2) Pre-Bum Information. For a prescribed fire that 

covers 20 acres or more per bum, the land manager shall 

submit pre-bum information to the executive secretary at least 

two weeks before the beginning of the bum window. The prebum information shall be submitted to the executive secretary 

on the form provided by the Division of Air Quality by fax, 

electronic mail or postal mail and shall include the following 

information: 

(a) The three-letter ID, project number, date 

submitted, name of person submitting the form, bum manager, 

and phone numbers; 

(b) Summary of bum objectives, such as restoration 

or maintenance of ecological fiinctions or indication of fire 

resiliency; 

(c) Any sensitive receptor within 15 miles, including 

any Class I or nonattainment or maintenance area, and distance 

and direction in degrees fit>m the project site; 

(d) Planned mitigation methods; 

(e) The smoke dispersion or visibility model used 

and results; 

(f) The estimated amount of total particulate matter 

anticipated; 

(g) A description of how the public and land 

managers in neighboring states will be notified; 

(h) A map depicting both the daytime and nighttime 

smoke path and down-drainage flow for a minimum of 15 miles 

from the bum site with smoke-sensitive areas delineated; 

(i) Safety and contingency plans for addressing any 

smoke intmsions; and 

(j) If the fire is in a nonattainment or maintenance 

area and is subject to general conformity (42 U.S.C. 7506(c)), a 

copy of the conformity demonstration showing that the fire 

meets the requirements ofthe Clean Air Act and conforms with 

the applicable State Implementation Plan. 

(k) Planned use of emission reduction techniques to 

support establishment of an annual emissions goal, if not 

already submitted under R307-204-5. 

(1) Any other information needed by the executive 

secretary for smoke management purposes, or for assessment of 

contribution to visibility impairment in any Class I area. 

(3) Bum Request. 

(a) The land manager shall submit to the executive 

secretary a bum request on the form provided by the Division 

of Air Quality by 1000 hours at least two business days before 

the planned ignition time. The form may be submitted by fax 

or electronic mail, and must include the following information: 

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R307-204 4 

(i) The three-letter identification and project number 

consistent with the annual bum schedule required in R307-204-

5(1) above; 

(ii) The date submitted and by whom; and 

(iii) The bum manager conducting the bum and 

phone numbers. 

(b) No prescribed fire requiring a bum plan shall be 

ignited before the executive secretary approves or conditionally 

approves the bum request. 

(c) If a prescribed fire is delayed, changed or not 

completed following bum approval, any significant changes in 

the bum plan shall be submitted to the executive secretary 

before the bum request is submitted. If a prescribed fire is not 

carried out, the land manager shall list the reasons on the bum 

request form provided by the Division of Air Quality and shall 

submit the form by fax or electronic mail to the executive 

secretary by 0800 hours the following business day. 

(4) Daily Emissions Report. By 0800 hours on the 

day following the prescribed bum, for each day of prescribed 

fire activity covering 20 acres or more, the land manager shall 

submit to the executive secretary a daily emission report on the 

form provided by the Division of Air Quality including the 

following information: 

(a) The three-letter identification and project number 

consistent with the annual bum schedule required in R307-204-

5(1) above; 

(b) The date submitted and by whom; 

(c) The start and end dates and times ofthe bum; 

(d) Emission information including black acres, tons 

fiiel consumed per acre, and tons particulate matter produced; 

(e) Public interest regarding smoke; 

(f) Daytime ventilation; 

(g) Nighttime smoke behavior; 

(h) Evaluation of the techniques used by the land 

manager to reduce emissions or manage the smoke fi'om the 

prescribed bum; and 

(i) Emission reduction techniques applied. 

(5) Emission Reduction and Dispersion Techniques. 

Each land manager shall take measures to prevent smoke 

impacts. Such measures may include best management 

practices such as dilution, emission reduction or avoidance in 

addition to others described in the pre-bum infomiation form 

provided by the Division of Air Quality. An evaluation of the 

techniques shall be included in the daily emissions report 

required by (4) above. 

(6) Monitoring. Land managers shall monitor the 

effects of the prescribed fire on smoke sensitive receptors and 

on visibility in Class I areas, as directed by the bum plan. 

Houriy visual monitoring and documentation ofthe direction of 

the smoke plume shall be recorded on the form provided by the 

Division of Air Quality or on the land manager's equivalent 

form. Complaints from the public shall be noted in the project 

file. Records shall be available for inspection by the executive 

secretary for six months following the end ofthe fire. 

R307-204-9. Large Prescribed Pile Fires. 

(1) Bum Plan. For a prescribed pile fire that 

exceeds 30,0(X) cubic feet per day, the land manager shall 

of 5 DAR No. 28501 

submit to the executive secretary a bum plan, including a fire 

prescription, upon request. 

(2) Pre-Bum Infomiation. For a prescribed pile fire 

that exceeds 30,(X)0 cubic feet or more per bum, the land 

manager shall submit pre-bum information to the executive 

secretary at least two weeks before the beginning of the bum 

window. The pre-bum infomiation shall be submitted to the 

executive secretary on the form provided by the Division of Air 

Quality by fax, electronic mail or postal mail and shall include 

the following information: 

(a) The three-letter ID, project number, date 

submitted, name of person submitting the form, bum manager, 

and phone numbers; 

(b) Summary of bum objectives, such as restoration 

or maintenance of ecological fiinctions or indication of fire 

resihency; 

(c) Any sensitive receptor within 15 miles, including 

any Class 1 or nonattainment or maintenance area, and distance 

and direction in degrees from the project site; 

(d) Planned mitigation methods; 

(e) The smoke dispersion or visibility model used 

and results; 

(f) The estimated amount of total particulate matter 

anticipated; 

(g) A description of how the public and land 

managers in neighboring states will be notified; 

(h) A map depicting both the daytime and nighttime 

smoke path and down-drainage flow for a minimum of 15 miles 

fi'om the bum site with smoke-sensitive areas delineated; 

(i) Safety and contingency plans for addressing any 

smoke intrusions; and 

(j) If the fire is in a nonattainment or maintenance 

area and is subject to general conformity (42 U.S.C. 7506(c)), a 

copy of the conformity demonstration showing that the fire 

meets the requirements of the Clean Air Act and conforms with 

the applicable State Implementation Plan. 

(k) Planned use of emission reduction techniques to 

support establishment of an annual emissions goal, if not 

aheady submitted under R307-204-5. 

(1) Any other information needed by the executive 

secretary for smoke management purposes, or for assessment of 

contribution to visibility impairment in any Class I area. 

(3) Bum Request. 

(a) The land manager shall submit to the executive 

secretary a bum request on the form provided by the Division 

of Air Quality by 1000 hours at least two business days before 

the plaimed ignition time. The form may be submitted by fax 

or electronic mail, and must include the following information: 

(i) The three-letter identification and project number 

consistent with the annual bum schedule required in R307-204-

5(1) above; 

(ii) The date submitted and by whom; and 

(iii) The bum manager conducting the bum and 

phone numbers. 

(b) No prescribed pile fire requiring a bum plan 

shall be ignited before the executive secretary approves or 

conditionally approves the bum request. 

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R307-204 5 

(c) If a prescribed pile fire is delayed, changed or not 

completed following bum approval, any significant changes in 

the bum plan shall be submitted to the executive secretary 

before the bum request is submitted. If a prescribed fire is not 

carried out, the land manager shall list the reasons on the bum 

request form provided by the Division of Air Quality and shall 

submit the form by fax or electronic mail to the executive 

secretary by 0800 hours the following business day. 

(4) Daily Emissions Report. By 08(X) hours on the 

day following the prescribed pile bum, for each day of pile fire 

activity exceeding 30,000 cubic feet, the land manager shall 

submit to the executive secretary a daily emission report on the 

form provided by the Division of Air Quality including the 

following information: 

(a) The three-letter identification and project number 

consistent with the annual bum schedule required in R307-204-

5(1) above; 

(b) The date submitted and by whom; 

(c) The start and end dates and times ofthe bum; 

(d) Emission information including black acres, tons 

fiiel consumed per acre, and tons particulate matter produced; 

(e) Public interest regarding smoke; 

(f) Daytime ventilation; 

(g) Nighttime smoke behavior; 

(h) Evaluation of the techniques used by the land 

manager to reduce emissions or manage the smoke from the 

prescribed pile bum; and 

(i) Emission reduction techniques applied. 

(5) Emission Reduction and Dispersion Techniques. 

Each land manager shall take measures to prevent smoke 

impacts. Such measures may include best management 

practices such as dilution, emission reduction or avoidance in 

addition to others described in the pre-bum information form 

provided by the Division of Air QuaUty. An evaluation of the 

techniques shall be included in the daily emissions report 

required by (4) above. 

(6) Monitoring. Land managers shall monitor the 

effects of the prescribed pile fire on smoke sensitive receptors 

and on visibility in Class I areas, as directed by the bum plan. 

Hourly visual monitoring and documentation ofthe direction of 

the smoke plume shall be recorded on the form provided by the 

Division of Air Quality or on the land manager's equivalent 

form. Complaints firom the public shall be noted in the project 

file. Records shall be available for inspection by the executive 

secretary for six months following the end of the fire. 

R307-204-10. Requirements for Wildland Fire Use Events. 

(1) Bum Approval Required. 

(a) l^e land manager shall notify the executive 

secretary of any potential wildland fire use (WFU) event 

having a wildland fire implementation plan (WFIP) Stage I. 

The following information will be provided: 

(i) UTM coordinate of the fire; 

(ii) Active buming acres; 

(iii) Probable fire size and daily anticipated growth 

in acres; 

(iv) Types of wildland fuel involved; 

of 5 DAR No. 28501 

(v) An emergency telephone number that is 

answered 24 hours a day; 

(vi) Wildemess or Resource Natural Area 

designation, if applicable; 

(vii) Distance to nearest community; 

(viii) Elevation of fire; and 

(ix) Fire's airshed number. 

(b) The Land Managers shall notify the executive 

secretary of any potential wildland fire use (WFU) event 

covering more than 20 acres or having a WFIP Stage II. In 

addition to the information required for a WFU with a WFIP 

Stage I, the following additional information will be provided 

to the executive secretary as it is being developed: 

(i) WFIP Stage U wildland fire implementation plan 

and anticipated emissions; 

(ii) A map depicting both the daytime and nighttime 

smoke path and down-drainage flow for a minimum of 15 miles 

from the bum site with smoke-sensitive areas delineated; and 

(iii) Additional computer smoke modeling, if 

requested by the executive secretary. 

(c) The executive secretary's approval of the smoke 

management element of the wildland fire implementation plan 

shall be obtained before managing the fire as a wildland fire use 

event. 

(2) Daily Emission Report for wildland fire use 

event. By 0800 hours on the business day following fire 

activity covering 20 acres or more, the land manager shall 

submit to the executive secretary the daily emission report on 

the form provided by the Division of Air Quality, including the 

following infomiation: 

(a) The three-letter identification, project number. 

Air Quality Basin, and name of the bum manager; 

(b) UTM coordinate; 

(c) Dates and times of the start and end of the bum; 

(d) Black acres by wildland fiiel type; 

(e) Estimated proportion of wildland fiiel consumed 

by wildland fuel type; 

(f) Proportion of moisttire in the wildland fiiel by 

size class; 

(g) Emission estimates; 

(h) Level of public interest or concem regarding 

smoke; and 

(i) Conformance to the wildland fire implementation 

plan. 

(3) Monitoring. The land manager shall monitor the 

effects of smoke on smoke sensitive receptors and visibility in 

Class I areas as directed by the wildland fire implementation 

plan. Complaints from the public shall be recorded in the 

project file. Records shall be available for inspection by the 

executive secretary for six months following the end ofthe fire. 

KEY: air quality, wildland fire, smoke, land manager 

Date of Enactment or Last Substantive Amendment: April 

7,2006 

Authorizing, and Implemented or Interpreted Law: 19-2-

104(l)(a) 

i-'' 
NOTICES OF RULE EFFECTIVE DATES 

These are the effective dates of PROPOSED RULES or CHANGES IN PROPOSED RULES published in earlier editions of 

the Utah State Bulletin. These effective dates are at least 31 days and not more than 120 days after the date the 

following rules were published. ^ 

Abbreviations 

AMD = Amendment 

CPR = Change in Proposed Rule 

NEW = New Rule 

R&R = Repeal and Reenact 

REP = Repeal 

Agriculture and Food 

Animal Industry 

No. 28506 (AMD): R58-10. Meat and Poultry Inspection. 

Published: March 1,2006 

Effective: April 3, 2006 

Residential Mortgage 

Alternative Language 

Bedding, Upholstered 

o 

Regulatory Services 

No. 28503 (AMD): R70-101. 

Furniture and Quilted Clothing. 

Published: March 1,2006 

Effective: April 3, 2006 

Commerce 

Occupational and Professional Licensing 

No. 28429 (AMD): R156-3a. Architect Licensing Act 

Rules. 

Published: January 15, 2006 

Effective: April 3, 2006 

No. 28498 (AMD): R162-205. 

Unprofessional Conduct. 

Published: March 1,2006 

Effective: April 5, 2006 

Education 

Administration 

No. 28522 (NEW): R277-716. 

Services for Utah Students. 

Published: March 1, 2006 

Effective: April 3, 2006 

No. 28523 (AMD): R277-717. Mathematics, 

Engineering, Science Achievement (MESA). 

Published: March 1,2006 

Effective: April 3, 2006 

Rehabilitation 

No. 28521 (NEW): R280-204. Utah State Office of 

Rehabilitation Employee Background Check 

Requirement. 

Published: March 1, 2006 

Effective: April 3, 2006 

No. 28429 (CPR): R156-3a. 

Rules. 

Published: March 1, 2006 

Effective: April 3, 2006 

Architect Licensing Act 

No. 28444 (AMD): R156-22. Professional Engineers and 

Professional Land Surveyors Licensing Act Rules. 

Published: January 15, 2006 

Effective: April 3, 2006 

No. 28444 (CPR): R156-22. Professional Engineers and 

Professional Land Surveyors Licensing Act Rules. 

Published: March 1,2006 

Effective: April 3, 2006 

Real Estate 

No. 28499 (AMD): Rl 62-202-10. Principal Lending 

Manager Experience Requirement. 

Published: March 1,2006 

Effective: April 5, 2006 

Environmental Quality 

Air Quality 

No. 28501 (AMD): R307-204. 

Smoke Management. 

Published: March 1,2006 

Effective: April 7, 2006 

Emission Standards: 

/ 

No. 28497 (AMD): R162-204. 

Record Keeping Requirements. 

Published: March 1,2006 

Effective: April 5, 2006 

Residential Mortgage 

Health 

Health Systems Improvement, Licensing 

No. 28500 (AMD): R432-31. Transferable Physician 

Order for Life-Sustaining Treatment. 

Published: March 1,2006 

Effective: April 13,2006 

Transportation 

Operations, Traffic and Safety 

No. 28524 (AMD): R920-50-1. Utah Ropeway Rules for 

Passenger Ropeways. 

Published: March 1, 2006 

Effective: April 4, 2006 

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UTAH STATE BUUETIN, May 1, 2006, Vol. 2006, No. 9 43 

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^ Certification 

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I, Mathew E. Cariile, Rules Coordinator for the Utah Division of Air Quality, do hereby certify 

that the public hearing held to receive comments regarding R307-204, Smoke Management 

(DAR #28501) was held in accordance with the information provided in each published public 

notice and as defined in Utah Code 19-2-109. The change was adopted by the Air Quality Board 

on April 6, 2006. 

Signed this Z ^ day of May 2006. 

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