# State of Utah

GARY R. HERBERT Governor
GREG BELL Lieutenant Governor



## February 16, 2010 

## Department of Environmental Quality

Amanda Smi th Executive Director
DI

V IS I ON OF A IR QUA LITY C hery l Heying

Dir ector



## Callie A. 

## Videtich , Director Air and Radiation Program US EPA Region 8 1595 Wynkoop Street Denver, CO 80202-11 29


## Dear Ms. Videtich : 

# 0 o/1_

# ~ll :J L?>

. 

# t) SP-AR

Enclosed please find for your review two hard copies and an electronic version of administrative documentation in support of Governor Herbert' s January 29 , 2010 , submittal of revisions to R307- 405-2 , Permits: Major Sources in Attainment or Unclassified A reas (PSD) ; R307-101-3, General Requir ements: V er sion o f Code of Federal Regulations Inco rporated by Re fer ence; R307

- 101 -2, General Requir ements: De finitions; and R307-102 , General Requir ement s: Broadl y Applicable Requir ements
. If 

## you have questions, you can reach me at (801) 536-4015. I look forward to working with you and your staff toward approval of this submittal. Sincerely,

# ;!**Dire** MCH/KK/cy
Enclosures

ISO North 1950 West • Salt Lake Ci ty , UT Mailing Address: P

.O. Box 144820 • Sa lt Lake City , UT 84 114

-4 820 Te l ephone (80 1) 5 36-4000 • Fax (80 1 )536-4099 • T

.D

.D

. (80 1) 536-44 14

www.deq

. utnh

.ROl' Printed on 100 % recycled paperGARY 

### R

. HERBERT GOVERNOR 

# STATE 

# OF UTAH

OFFICE OF THE GOVERNOR SALT LAKE CITY, UTAH 84114-2220


## January 28 , 2010

Carol Rushin, Acting Regional Administrator US EPA Region 8 1595 Wynkoop Street Denver, CO 80202-1129
Dear Ms

. Rushin: GREG BELL LIEUTENANT GOVERNOR



## Enclosed for your approval are revisions to R307-405-2, Permits: Major Sources in Attainment or Unclassified Areas ( PSD); R307-101-3 , General Requirements: Version of Code of Federal Regulations Incorporated by Reference; R307-101-2 , General Requirements: De

finitions; and R307-1 02, General Requirements: Broadl y Applicable Requirements

. The amendments to R307-405-2 and R307-101-3 update the version ofthe Code of Federal Regulations incorporated by reference into the rules ofthe State ofUtah.
The amendment to R307-101-2 updates the version ofthe American Conference of Governmental Industrial Hygienists publication of Threshold Limit Valuesfor Chemical Substances andPhysicalAgents & Biological Exposure Indices incorporated by reference in several definitions located in R3 07

- 101-2.
The nonsubstantive change to R307-102 updates the authorization for R307-102 from Title 63-46b-4 to Title 63G-4-202, due to the recodification ofTitle 63 made by House Bill63 Chapter 328 , Laws ofUtah 2008

. Supporting documentation is being submitted by the Utah Division ofAi:r Quality. If you have questions about this request, please call Cheryl Heying, Director ofthe Utah Division ofAir Quality, at (801) 536-4015.

Enclosures Sincerely, 

# u

.**fL.tt-~+- G~.Herbert**  GovernorGARY 

### R

. HERBERT GOVERNOR 

# STATE 

# OF UTAH

OFFICE OF THE GOVERNOR SALT LAKE CITY, UTAH 84114-2220



## March 19,2014

Shaun McGrath, Regional Administrator US Environmental Protection Agency, Region 8 1595 Wynkoop Street Denver, Colorado 80202-1129
Dear Mr. McGrath: SPENCER 

### J

. Cox LiEUTENANT GOVERNOR



## On January 28, 2010, the State ofUtah submitted for the U.S

. Environmental Protection Agency approval revisions to definitions in R307-101-2, 

## Definitions, to update the threshold limit values (TLVs) to the 2009 American Conference of Governmental Industrial Hygienists publication of 

## Threshold Limit Valuesfor Chemical Substances and PhysicalAgents & 

## Biological Exposure Indices. Because US EPA does not require hazardous air pollutants (HAPs) permitting requirements in the State Implementation Plan (SIP) , we are hereby withdrawing Utah ' s January 28, 2010, SIP submittal ofR307-101-2.
If you have questions about this matter, please call Bryce Bird, director ofthe Utah Division ofAir Quality, at (801) 536-4064.

Enclosures Sincerely,

# ~ fLc

# tJ..J,v..

# +- Gary R. Herbert Governor

# ~~**·** 

# .. . 

# I

MAR 

# 26 2014**~ ~**  

# 8P- p-
- ..

# ~-·

# UTAH

Administrative Documentation

R307-405-2, R307-101-3, R307-101-2, and R307-102

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 

# January 6, 2010

# UTAH ADMINISTRATIVE DOCUMENTATION 

# January 2010

### Legal Authority 

# R307-405-2, R307-101-3, R307-101-2,and R307-102



# ADMINISTRATIVE DOCUMENTATION Table of Contents

Utah Code Title 19, Chapter 

### 2, Air C onservation 

### Act

... .. .. .. ...... ..... ...... . .. .. . .. .. ..... .. .... ..... . ................... .. ... .... ....... 1 Utah C ode Title 63C, Chapter 3, Administrative Rulemaking 

### Act

....... ..................... ....... .. ... . ...... ... . ..... ......... ... 17 Utah Administrative Code, Rl5, Administrative Rules
..... ..... ...... ........ ...... . ..... ... ...... ..... .. ........................ ... ..... . 

### 27 Proposed for Public Comment 

### R307-405-2 : DAR Bulletin 

### (November 1, 2008) Rule Analysis Form, DAR #3 2042

....... ................. ...... .... P- 1 

### Text ofR307

-405 -2

........ . . ....................... ........................ ...................................... . ... . ........... . ....... P- 2 R307-l01-3: DAR Bulletin 

### (March 1 , 

### 2009) Rule Analysis Form, DAR #323 5l..

........................... .... .. ....... P- 3 Text ofR307-101-3

........................ . ............... .. ........... .. . ... ...... . ... ... ..... ... . . .. .. ...... ....... . ...................P- 4 R307-l01-2 : DAR Bulletin 

### (April 15 , 2009) Rule Analysis Form, DAR #32458

....... ... .... . ........... . ..... ... .... .. .P- 5 Text ofR307-10 1-2

...... .................................. .. ...... . ... ... .. ..... ........ ................. ...... ... .............. .........P- 6
Public Hearing 

### Summary of comments and responses
.... ... ................... .. .. .. ................ .. ......................................................... H- 1
Nonsubstantive Change 

### R307-102: Rule Analysis Form, DAR #31462

.......................... ..... .. .......... ........ ........ .. ...... ..... .. ..... .. ..... ......... C- 1 Text ofR307- 102

............ .. .. ........... ... ....................... ....... ... .. .. .... .. ..... ..... ....... ..... ...................... . C- 3 DAR Bulletin 

### (January 15, 2009) Effective Date Notice
................... .. ...... ...... ...................................... ...... C- 4 Certified Text ofR307- 102 (DAR #31462)

.. ...... ................................................... .. ..... ....... .... .... ................. C- 5
Effective Rule 

### Certified Text of R307 -405-2 (DAR #32042)

.... .... ..... .. .............................. ............ .. .... ..... ....... .. ...... ........ ....E- 1 

### DAR Bulletin 

### (March 1 , 

### 2009) Effective Date Notice

................ ...... .. ............... .. ...... . .. ... .... ...................... ....E -3 Certified Text ofR307-l01-3 (DAR #32351 )

.. ....... ................ .... .... ........ ...... .... ......... .. ........................... .. ....E- 4 DAR Bulletin 

### (June 1 , 

### 2009) Effective Date Notice

.......................................... .. ... .. ............... .... .................E- 6 Certified Text ofR307-101-2 (DAR #32350)

.. ........ .... ............ .............................. ............ .... .. ...... ...............E- 7 DAR Bulletin 

### (August 1, 2009) Effective Date Notice

.. .................... .. .......................................................E- 10

Certification

# Codes

# Air Conservation Act Utah Code

-- Title 19

-- Chapter 02 (May 28, 2009)

19-2-101. Short title

-- Policy ofstate and purpose of chapter

-- Support oflocal and regional programs
-- Provision ofcoordinated statewide program
......... ... .... ...................... .'

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

. Definitions

....... ... .................................................. ....... .... ... ....... .... ......... .. ................................ ...... ..... .... .... 2 19-2-103

. Members ofboard --Appointment-- Terms-- Organization-- Per diem and expenses
............................. 3 19-2-104

. Powers ofboard

.. .................. ....... ......................... ..................................................... .. ............................... 3 19-2-105

. Duties ofboard

................................................................... ... .... ....... ................ ... ........... ...... ........ ............... 5 19-2-105 .3. Clean fuel requirements for fleets

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

. ...... ................. . ............... .................................................................. 6 19-2-107

. Executive secretary-- Appointment-- Powers

................................................................................ ,.......... 6 19-2-108. Notice ofconstmction or modification ofinstallations required-- Authority ofexecutive secretary to prohibit constmction --Hearings-- Limitations on authority ofboard-- Inspections authorized

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

-- Hea1ings on adoption

-- Orders of executive secretary-- Adoption ofemission control requirements

......................................................................................................................................................7 19-2-l 09

. 1. Operating permit required-- Emissions fee-- Implementation

................ ...... ................. ........ ......... .. ..... 7 19-2-109 .2. Small business assistance program
.................................. .... ...... .. ....................... .. .......... ... ................ ...... 9 19

-2-109 .3. Public access to information

....................................................................................................................9 19-2-109

.5

. Private sector air quality permitting professionals certification program
................................................. 9 19-2-110

. Violations --Notice to violator

-- Corrective action orders

-- Conference, conciliation, and persuasion by board

-- Hearings

.. .. ... .. ..... .......... ... .. ... ............. :
...... .... . :
..... ............ . .... :
................. ...................... . ...... ..... ...... .. ............. l 0 19-2-112

. Generalized condition of air pollution creating emergency-- Sources causing imminent danger to health --Powers ofexecutive director-- Declaration ofemergency
.. :
................. .. ...... .. .. .................. .............. ............ .......... 1-0 

### 19-2-113

. Variances

-- Judicial review

...................................................................................................................... 1 0 19-2-114

. Activities not in violation of chapter or mles

............. .... ......................................................... .. ........... :
.... 11 19-2-115. Violations-- Penalties-- Reimbursement for expenses
.................................................................· ...... :
.... 11 19-2-116. Injunction or other remedies to prevent violations

-- Civil actions not abridged

.... :
................................. 12 19-2-117

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

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

.......................................................................................... 13 19-2-119

. Civil or criminal remedies not excluded-- Actionable rights under chapter-- No liability for acts ofGod or other catastrophes

.................................................................................................................................................... 13 19-2-120. Information required of owners or operators of air contaminant sources
....... .... ........ .... .. .. ... ........ .... ....... 13 19-2-121

. Ordinances ofpolitical subdivisions authorized

........................................................................................ 13 19-2-122

. Cooperative agreements between political subdivisions and department.

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

....................................... 13 19-2-124

. Application for certification ofpollution control facility-- Refunds-- Interest.

...................................... 13 19-2-125

. Action on application for certification

...................................................................................................... 14 19-2-126

. Revocation of certification-- Grounds-- Procedure

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

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



# \

## Title 19. Environmental Quality Code Chapter 2
. Air Conservation Act
19-2-101. Short title-- Policy of state and purpose of chapter -- Support of local and regional programs -- Provision of coordinated statewide program. (I) This chapter is known as the "Air Conservation Act." (2) It is the policy of this state and the purpose of this chapter to achieve and maintain levels of air quality which will protect human health and safety, and to the greatest degree practicable, prevent injury to plant and animal life and property, foster the comfort and convenience of the people, promote the economic and social development of this state, and facilitate the enjoyment of the natural attractions ofthis 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 govenunent;

· (c) facilitate cooperation acrossjurisdictional 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 ofplanning and developmen

- t within the state

. 

### 19
-2-102
. Definitions
. As used in this chapter: (I) "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 publidy 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 oflife or use of property , as determined by the rules adopted by the board. (4) "Ambient-air" means the surrouw; ling or outside air. (5) "Asbestos" means the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite) , cturuningtonite-grunerite, anthophyllite, and actinolitetremolite

. (6) "Asbestos-containing material" means any material containing more than 1% asbestos , as determined using the method adopted in 40 CFR Part 61 , Subpart M, National Emission Standard for Asbestos. (7) "Asbestos inspection" means an activity undertaken to determine the presence or location, or to assess the condition of , asbestos-containing material or suspected asbestos-containing material,' whether by visual or physical examination , or by taking samples of the material. (8) (a) "Board" means the Air Quality Board

. (b) "Board" means, as used in Sections 19-2-123 through 19-2-126 , the Air Quality Board or the Water Quality Board. (9) "Clean school bus" has the same meaning as defined in 42 U

.S.C. Sec

. 16091. (10) "Executive secretary" means the executive secretary ofthe board

. (II) (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. (12) "Friable asbestos-containing material" means any material containing more than 1% asbestos, as determined using the method adopted in 40 CFR Part 61 , Subpart M, National Emission Standard for Asbestos, that hand pressure can crumble, pulverize, or reduce to powder when dry

.(13) "Indirect source" means a facility, building, structure; or installation which attracts or may attract mobile source activity that results in emissions of a pollutant for which there is a national standard. (14) (a) "Pollution control facility" or "facility" means , as used in Sections 19-2-123 through 19-2-126, any land, structure, building, installation, excavation, machinery, equipment, or device, or any addition to, reconstruction, replacement or improvement of, land or an existing structure, building, installation, excavation, machinery, equipment, or device reasonably used, erected, constructed, acquired, or installed by any person ifthe 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 ofor redesign to eliminate waste and the use of treatment works for industrial waste as defined in Title 19, Chapter 5, Water Quality Act; or (ii) the disposal, elimination, or reduction of or redesign to eliminate or reduce air contaminants or air pollution or air contamination sources and the use of air cleaning devices

. (b) "Pollution control facility" or "facility" does not include air conditioners , septic tanks, or other facilities for human waste, nor any property installed, constructed, or used for the moving of sewage to the collection facilities of
a public or quasi-public sewerage system.

### 19-2-103. Members of board-- Appointment-- Terms
-- Organization
-- Per diem and expenses. (I) The board comprises II members, one of whom shall be the executive director and I 0 of whom shall be appointed by the governor with the consent of the Senate. (2) The members shall be knowledgeable of air pollution matters and shall be : (a) a practicing physician and surgeon licensed in the state not connected with industry; (b) a registered professional engineer who is not from industry; (c) a representative from municipal government; (d) a representative from county govemment; (e) a representative from agriculture; (f) a representative from the mining industry; (g) a representative from manufacturing ; (h) a representative from the fuel industry ; and (i) two representatives ofthe public not representing or connected with industry, at least one of whom represents organized environmental interests

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

. (4) The majority of the members may not derive any significant portion oftheir 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 ofthe board, shall be adt<quately disclosed.

: (5) Members serving on the Air Conservation Committee created by Laws ofUtah 1981, Chapter 126, as**~~mded,** shall serve as members ofthe board throughout the

.terms for which they were appointed

. .

• (6) (a) Except as required by Subsection (6)(b), members shall be appointed for a term offour years.

· (b) Notwithstanding

.the requirements of Subsection (6)(a), the govemor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms ofboard members are staggered so that approximately half ofthe board is appointed every two years. (7) A member may serve more than one term. (8) A member shall hold office until the expiration ofthe member's term and until the member's successor is appointed, but not more than 90 days after the expiration ofthe member's term

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

. (I 0) The board shall elect annually a chair and a vice chair from its members. (11) (a) The board shall meet at least quarterly, and special meetings may be called by the chair upon his own initiative, upon the request of the executive secretary, or upon the request ofthree 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 ofmembers present is the action of the board

. ( 13) (a) (i) A member who is not a govemment employee shall receive no compensation or benefits for the member's services, but may receive per diem and expenses incurred in the perfonnance of the member 's official duties at the rates established by the Division ofFinance under Sections 63A-3-l 06 and 63A-3-1 07

. (ii) A member may decline to receive per diem and

. expenses for the member's service. (b) (i) A state govemment officer and employee member who does not receive salary, per diem, or expenses from the agency the member represents for the member's service may receive per diem and expenses incurred in the performance of the member's official duties from the board at the rates established by the Division ofFinance under Sections 63A-3-106 and 63A-3- 107

. (ii) A state government officer and employee member may decline 

### to receive per diem and expenses for the member's service. (c) (i) A local govemment member who does not receive salary, per diem, or expenses from the entity that the member represents for the member's service may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division ofFinance under Sections 63A-3-l 06 and 63A-3-107. (ii) A local govemment member may decline 

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

### 19..,2-104. Powers of board. (1) The board may make mles in accord;mce with Title 63G, Chapter 3, Utah Administrative Rulemaking Act: (a) regarding the control, abatement, and prevention of air pollution from all sources and the establishment 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 ofemission, and composition of the air contaminant; and (iii) provide access 

### to records relating 

### to emissions which cause or contribute 

### to air pollution; (d) implementing 15 U.S.C

.A. 2601 et seq
. Toxic Substances Control Act, Subchapter II- Asbestos Hazard Emergency Response, and reviewing and approving asbestos management plans submitted by local education agencies under that act; (e) establishing a requirement for a diesel emission opacity inspection and maintenance program for diesel-powered motor vehicles; (f) implementing an operating permit program as required by and in conformity w ith Titles IV and V ofthe federal Clean Air Act Amendments of 1990; (g) establishing requirements for county emissions inspection and maintenance programs after obtaining agreement from the counties tliat would be affected by the requirements; 

# 3(h) with the approval of the govemor, implementing in air quality nonattainment areas employerbased trip reduction programs applicable to businesses having more than I00 employees at a single location and applicable to federal, state, and local govemments to the extent necessary to attain and maintain ambient air quality standards consistent with the state implementation plan and

·federal requirements under the standards set forth in Subsection (2); and (i) implementing lead-based paint remediation

. training, certification, and performance requirements in accordance with 15 U.S.C.A

. 2601 et seq., Toxic Substances Control Act, Subchapter IV

-- Lead Exposure Reduction, Sections 402 and 406. (2) When implementing Subsection (I )(h) the board shall take into consideration: (a) the impact of the business on overall air quality; and (b) the need ofthe business to use automobiles in order to carry out its business purposes
. (3) The board may: (a) (i) hold a hearing that is not an adjudicative proceeding relating to any aspect of or matter in the administration of this chapter and compel the attendance of witnesses and the production of documents and other evidence, administer oaths and take testimony, and receive evidence as necessary ; (ii) receive a proposed dispositive action from an administrative lawjudge as provided by Section 19-1-301 ; and (iii) (A) approve, approve with modifications , or disapprove a proposed dispositive action; or (B) return the proposed dispositive action to the administrative lawjudge for further action as directed; (b) issue orders necessary to enforce the provisions ofthis chapter, enforce the orders by appropriate administrative and judicial proceedings , and institute judicial proceedings to secure compliance with this chapter; (c) settle or compromise any civil action initiated to compel compliance with this chapter and the rules made under this chapter; (d) secure necessary scientific, technical, administrative, and operational services, including laboratory facilities, by contract or otherwise; (e) prepare and develop a comprehensive plan or plans for the prevention, abatement, and control of air pollution in this state; (f) encourage voluntary cooperation by persons and affected groups tb achieve the purposes ofthis chapter; (g) encourage local units of govemment to handle air pollution within their respectivejurisdictions 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) detennine by means of field studies and sampling the degree of air contamination and air pollution in all parts ofthe state; 

### U) monitor the effects ofthe emission of air contaminants from motor vehicles on the quality of the outdoor atmosphere in all parts ofthis state and take appropriate action with respect to them; (k) collect and disseminate infonnation and conduct educational and training programs relating to air contamination and air pollution; 

### (l) advise, consult, contract, and cooperate with other agencies ofthe state, local govemments, industries , other states, interstate or interlocal agencies , the federal govemment, and with interested persons or groups; (m) consult, upon request, with any person proposing to construct, install, or otherwise acquire an air contaminant source in the state conceming 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 oflaw ; (n) accept, receive, and administer grants or other funds or gifts from public and private agencies, including the federal government, for the purpose of carrying out any ofthe functions ofthis chapter; (o) require the owner and operator of each new source which directly emits or has the potential to emit I00 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 ofincreasing emissions by I00 tons per year or more ofany 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 ofthe federal Clean Air Act, 42 U.S.C. Sec. 7420; 

### (q) meet the requirements offederal air pollution laws; (r) establish work practice, certification, and clearance air sampling requirements for persons who: (i) contract for hire to conduct demolition, renovation, salvage, encapsulation work involving friable asbestos-containing materials, or asbestos inspections; (ii) conduct work described in Subsection (3)(r)(i) in areas to which the general public has unrestrained access or in school buildings that are subject to the federal Asbestos Hazard Emergency Response Act of 19 86; (iii) conduct asbestos inspections in facilities subject to 15 U.S.C.A. 2601 et seq. , Toxic Substru1ces Control Act, Subchapter II- Asbestos Hazard Emergency Response; or (iv) conduct lead paint inspections in facilities StJbject to 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act, Subchapter IV

-- Lead Exposure Reduction ; (s) establish certification requiremen

. ts 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 ofpersons who, prior to establishment ofthe certification requirements, had received relevant asbestos training, as defined by mle, and had acquired at least I,000 hours of experience as project monitors; (u) establish certification procedures and requirements for certification ofthe conversion of a motor vehicle to a clean-fuel vehicle, certifying the vehicle is eligible for the tax credit granted in Section 59-7-605 or 59- 10-1009; (v) establish a program to certify private sector air quality permitting professionals (AQPP), as described in Section 19-2-109

.5 ; (w) establish certification requirements for persons required under 15 U

.S.C

.A. 2601 et seq., Toxic Control Act, Subchapter IV-- Lead Exposure Reduction, to be accredited as inspectors , risk assessors, supervisors, project designers, or abatement workers; and (x) assist the State Board ofEducation in adopting school bus idling reduction standards and implementing an idling reduction program in accordance with Section 41-6a-1308

. · (4) Any mles adopted under this chapter shall be consistent with provisions offederal laws, if any, relating to control ofmotor vehicles or motor vehicle emissions. (5) Nothing in this chapter authorizes the board to require installation of or payment for any moi1itoring equipment by the owner or operator ofa source ifthe 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 ofboard. The board, in conjunction with the governing body ofeach county identified in Section 41-6a-1643 and other interested parties, shall perform an evaluation of the inspection and maintenance program developed under Section 41-6a-1643 including issues relating to: (1) the implementation ofa standardized inspection and maintenance program; (2) out-of-state registration of vehicles used in Utah; (3) out-of

-county registration of vehicles used within the areas required to have an inspection and maintenance program; (4) use ofthe fann truck exemption; (5) mechanic training programs; (6) emissions standards; and (7) em1sswns waivers. 

## 19-2-105.3. Clean fuel requirements for fleets. (I) 

### As used in this section: (a) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990. (b) "Clean fuel" means: (i) propane, compressed natural gas, or electricity ; (ii) other fuel the Air Quality Board created in Titie 19 , Chapter 2, Air Conservation Act, determines annually on or before July 1 is at least as effective as fuels under Subsection (I 

### )(b)(i) in reducing air pollution; and (iii) other fuel that meets the clean fuel vehicle standards in the 1990 Clean Air Act. (c) "Fleet" means 10 or more vehicles: (i) owned or operated by a single entity as defined by board rule ; and (ii) capable ofbeing fueled or that are fueled at a central location. (d) "Fleet" does not include motor vehicles that
are : (i) held for lease or rental to the general public; (ii) held for sale or used as demonstration vehicles by motor vehicle dealers; (iii) used by motor vehicle manufacturers for product evaluations or tests ; (iv) authorized emergency vehicles as defined in Section 41-6a-l02; (v) registered lmder Title 41, Chapter Ia, Part 2, Registration, as farm vehicles; (vi) special mobile equipment as defined in Section 41-1 a-1 02; (vii) heavy duty trucks with a gross vehicle weight rating ofmore than 26,000 polmds; (viii) regularly used by employees to drive to and from work, parked at the employees' personal residences when they are not at their employment, and not practicably fueled at a central location; (ix) owned, operated, or leased by public transit districts; or (x) exempted by board rule. (2) (a) After evaluation ofreasonably available pollution control strategies, and as part ofthe state implementation plan demonstrating attainment ofthe national ambient air quality standards, the board may by rule, subject to Subsection (2)(c), require fleets in specified geographical areas to use clean fuels ifthe board determines fleet use ofclean fuels is: (i) necessary to demonstrate attainment ofthe national ambient air quality standards in any area where they are required; and (ii) reasonably cost effective when compared to other similarly beneficial control strategies for demonstrating attainment ofthe national ambient air quality standards. (b) State implementation plans developed prior to July 1, 1995, may require fleets to use clean fuels no earlier than July 1, 1995, unless the board determines fleet use ofclean fuels is necessary prior to July 1, 1995, to demonstrate attainment ofthe national ambient air quality standards in any area by an attainment date established by federal law. (c) The board may not require more than 50% of those trucks in a fleet that are heavy duty trucks having a gross vehicle weight rating ofmore than 8,500 pounds and not more than 26,000 pounds to convert to clean fuels under Subsection (2)(b).



# c.(3) (a) After evaluation ofreasonably available pollution control strategies , and as part of a state implementation plan demonstrating only maintenance of the national ambient air quality standards , the board may by rule, subject to Subsection (3)(b), require fleets in specified geographical areas to use clean fuels if the board determines fleet use of clean fuels is : (i) necessary to demonstrate maintenance ofthe national ambient air quality standards in any area where they are required; and (ii) reasonably cost effective as compqred with other similarly beneficial control strategies for demonstrating maintenance ofthe national ambient air quality standards.

· (b) Under Subsection (3)(a) the board may require no more·than : (i) 30% of a fleet to use clean fuels before January I, 1998 ; (ii) 50% of a fleet to use clean fuels before January I, 1999; and (iii) 70% ofa fleet to use clean fuels before January I, 2000. (c) The board may not require more than 50% of those trucks in a fleet that are heavy duty trucks having a gross vehicle weight rating of more than 8,500 pounds and not more than 26,000 pounds to convert to clean fuels under Subsection (3)(b)

. (4) Rules the board makes under this section may include

. : (a) dates

_ by which fleets are

### require~ to convert to dean fuels under the provisions of this section; (b) definitions offleet owners or operators; (c) definitions of vehicles exempted from this section by
·rule; (d) certification requirements for persbns who install clean fuel conversion equipment, including testing and certification standards regarding installers; and (e) certification fees for installers, established under Section 63J-I-504. (5) Implementation ofthis section and rules made under this section are subject to the reasonable availability of clean fuel in the local market as determined by the board. 

## 19-2-106
. Rulemaking authority and procedure. (I) 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 (I), 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 ofthe state

. Those findings shall be accompanied by an opinion
· referring to and evaluating the public health and environmental infonnation and studies contained in the record which form the basis for the board's conclusion.


## 19-2-107
. Executive secretary -- Appointment-- Powers. (!) 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 furtherance of the purposes of this chapter; (c) employ full-time employees necessary to carry out this chapter; (d) as authorized by the board, subject to the provisions ofthis 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 ofinspecting 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 ofit as advisable and necessary for the discharge of duties assigned under this chapter, including the establishment ofinventories ofpollution 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 ofthis chapter, enforce rules through the issuance oforders, including: (i) prohibiting or abating discharges ofwastes affecting ambient air; (ii) requiring the construction ofnew control facilities or any parts ofnew 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 ofthis chapter, exercise all incidental powers necessary to carry out the purposes
.ofthis chapter, including certification to any state or federal authorities for tax purposes the fact ofconstruction, installation, or acquisition of any facility, land, building, machinery, or equipment or any part ofthem, in conformity with this chapter; U) cooperate with any person in studies and research regarding air pollution, its control, abatement, and prevention ; and(k) represent the state with the specific
concurrence ofthe executive director in all matters pertaining to interstate air pollution, including interstate compacts and similar agreements. 

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

-- Authority of executive secretary to prohibit construction --Hearings-- Limitations on authority of board-- Inspections authorized. (I) 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 ofor 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 po llution, 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 ofplans, 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 auth01ity when requested and upon assurance that the local authority has and will maintain sufficient expertise to insm :e that the planned installation will meet the requirements established by law. (b) Ifwithin 90 days after the receipt ofplans, specifications, or other information required under this subsection, the 'executive secretary determines that the proposed construction, ins!allation, or establishment or any part of it will not be in accord with the requirements ofthis chapter or applicable rules or that further time, not exceeding t hree extensions of 30 days each, is required by the board to adequatel y review the plans, specifications, or other information, he shall issue an order prohibiting the construction, installation, or establishment ofthe air contaminant source or sources in whole or in part. (3) In addition to any other remedies, any person aggrieved by the issuance ofan 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 ofthe board, be entitled to a hearing conducted by an administrative law judge as provided by Section 19-1-301. Following the hearing and the receipt by the board of the proposed dispositive action from the administrative lawjudge, the board may affirm, modify, or withdraw the permit. (4) Any features, machines , and devices constituting parts ofor called for by plans, specifications, or other information submitted under Subsection (I) shall be maintained i'n good working order. (5) This section does not authorize the board to require the use ofmachinery, devices, or equipment from a pa1ticular supplier or produced by a particular manufacturer ifthe required performance standards may be met by machinery, devices, or equipment otherwise available. (6) (a) Any authorized officer, employee, or representative 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 purpose of ascertaining the state of compliance with this chapter and the rules adopted under it. (b) (i) A person may not refi.1se ently or access to any a uthorized represen tative ofthe board who requests ently for purposes ofinspection and who presents a ppropriate credentials. (ii) A person may not obstruct, hamper, or interfere with any inspection. (c) If requested, the owner or operator ofthe premises shall receive a report setting fmth all facts found wh i ch relate to compliance status. 

## 19-2-109. Air quality standards-- Hearings on adoption
-- Orders of executive secretary --Adoption of emission control requirements. (1) (a) The board, in adopting standards of quality for ambient air, shall conduct public hearings

. (b) Notice of any public hearing for the consideration, adoption, or amendment of air quality standards shall specify the locations to which the proposed standards apply and the time, date, and place of the hearing. (c) The notice shall be : (i) (A) published at least twice in any newspaper of general circulation in the area affected; and (B) published , in accordance with Section 45-1

- 1 01 , at ·least 20 days before the public hearing ; and (ii) mailed at least 20 days before the public hearing to the chiefexecutive 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 ofthe executive secretary following formal action of the board with respect to the standards. (e) The order shall be published: (i) in a newsp aper of general circulation in the area affected; and (ii) 

### as required in Section 45-1- 10 I. (2) (a) The b oard 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, t he board shall give notice and conduct public hearings in accordance with the requirements in Subsection 

### (I). 

## 19-2-109.1
. Operating permit required
-- Emissions fee-- Implementation. (I) As used in this section and Sections 19-2- 109 .2 and 19-2-109

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

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

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

# 7

# \ (d) "Program" means the air pollution operating pennit program established under this section to comply with Title V of the 1990 Clean Air Act. (e) "Regulated pollutant" has the same meaning as defined in Title V ofthe 1990 Clean Air Act and implementing federal regulations. (2) (a) A person may not operate any source of air pollution required to have a permit under Title V ofthe 1990 Clean Air Act without having obtained an operating pennit from the executive secretary under procedures the board establishes by rule. (b) A person is not required to submit an operating penni! application until the governor has submitted an operating pennit program to the EPA

. (c) Any operating pennit issued under this section may not become effective until the day after the EPA issues approval of the pennit program or November 15 , 1995 , whichever occurs first. (3) (a) Operating permits issued under this section shall be for a period offive years unless the board makes a written finding, after public comment and hearing , and based on substantia:! evidence in the record, that an operating permit term of less than five years is necessary to protect the public health and the environment ofthe 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) ofthe 1990 Clean Air Act, ifthe remaining period ofthe 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 ofthe 1990 Clean Air Act for each ton ofregulated 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 ofan approval order. (b) In establishing the fee the board shall comply with the provisions of Section 63J-1-504 that require a public hearing and require the established fee to be submitted to the Legislature for its approval as part ofthe department's annual appropriations request. (c) The fee shall cover all reasonable direct and indirect costs required to develop an· d administer the program and the small business assistance program established under Section 19-2-109.2. The board shall prepare an annual report ofthe emissions fees collected and the costs covered by those fees under this Subsection (4)

. (d) The fee shall be established uniformly for all sources required to obtain an operating permit tmder 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 of4,000 tons per year of that regulated pollutant. (5) Emissions fees for the period: (a) of July I, 1992 , through June 30 , 1993 , shall be based on the most recent emissions inventory prepared by the executive secretary; and · (b) on and after July I , 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 I, 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) Ifthe 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 ofnot 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 630, Chapter 4,.Administrative Procedures Act, and Section 19-1-301, as provided in this Subsection (8). (a) The owner or operator must pay the fee under protest prior to being entitled to a hearing

. Payment of an emi"ssions fee or penalty under protest is not a waiver ofthe right to contest the fee or penalty under this section. (b) A request for a hearing under this Subsection (8) shall be made after payment ofthe 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 ofnot more than 50% of all outstanding fees, and interest on the outstanding emissions fees computed at 12% annually

. . (1 0) All emissions fees and penalties collected by the department under this section shall be deposited in the General Fund as the Air Pollution Operating Permit Program dedicated credit to be used solely to pay for the reasonable direct and indirect costs incurred by the department in developing and administering the program and the small business assistance program under Section 19-2-109

.2. (11) Failure ofthe executive secretary to act on any operating penni! application or renewal is a final administrative action only for the purpose of obtaining judicial review by any of the following persons to require the executive secretary to take action on the permit or its renewal without additional delay: (a) the applicant; (b) any person who participated in the public comment process; or (c) any other person who could obtainjudicial review ofthat 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 confonns with Title V ofthe 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(!). The seven panel members are: (a) two members who are not owners or representatives ofowners 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 ofthe Senate; (ii) one member selected by the minority leader of the Senate; (iii) one member selected by the majority leader of the House ofRepresentatives ; and (iv) one member selected by the minority leader of the House ofRepresentatives; and (c) one member selected by the executive director to represent the Division ofAir Quality, Department ofEnvironmental Quality. · (3) (a) Except as required by Subsection (b), as terms 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 shail, at the time of appointment or reappointment, adjust the length oftenns to ensbre that the terms ofpanel members are staggered so that'approximately half ofthe panel is appointed every two years
. (4) Members may serve more than one term

. (5) Members shall hold office until the expiration oftheir 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 ofthree 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 ofthe majority ofmembers present is t he action ofthe panel. (10) (a) (i) Members who are not government employees shall receive no compensation or benefits for their services, but may receive per di em and expenses incurred in the performance ofthe member's official duties at the rates established by the Division ofFinance under Sections 63A-3-106 and 63A-3-107. (ii) Members may decline to receive per diem and expenses for their service. (b) (i) State government officer and employee members who do not receive salary, per diem, or expenses from their agency for their service may receive per diem and expenses incurred in the performance of their official duties from the panel at the rates established by the Division ofFinance under Sections 63A-3-l 06 and 63A-3- 107. (ii) State government officer and employee members

- may decline to receive per diem and expenses for their service

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

## 19-2-109.3. Public access to information. A copy of each permit application, compliance plan , emissions or compliance monitoring report, certification, and each operating permit issued under this chapter shall be made available to the public in accordance with Title 63G, Chapter 2, Government Records Access and Management Act. 

## 19-2-109.5

. Private sector air quality permitting professionals certification program. (!) As used in this section, "AQPP" means an air · quality permitting professional. (2) The board may establish a program to certify private sector AQPP s, including consultants and employees of companies that may seek air quality permits from the division

. Any program established under this section shall include : (a) a training program established and operated by the department, which describes and explains the state law and rules regarding the air quality permit application and approval procedure under this chapter; (b) the requirement to pass an exam to measure qualifications ofAQPP applicants; (c) an option for certification of an AQPP by passing the exam without undergoing any training required under the program; (d) an app lication process , including a fee established under Section 63:T-l-504 that covers the costs of the training, testing, and application process and the department's maintenance of a list of certified AQPPs; (e) certification of qualified AQPP applicants; (f) 

### maintenance by t he department of a current li st of certified AQPPs, which is available to the public ; (g) procedures for the expedited review by the department of air quality permit applications submitted by certified AQPPs; and ( h) professional standards for AQPPs. (3) The board may not require AQPP certification as a condition ofpreparing or submitting a

### notice of intent or operating permit application under this chapter

. (4) Any program under this section shall provide for revocation of any certification issued under this section if the department determines, through an administrative hearing conducted under Title 63G , Chapter 4, Administrative Procedures Act, and Section 19-1-301 , that the AQPP: (a) knowingly or negligently submitted false information or data as part of an air quality permit application ; (b) prepared more than three air quality permit applications in one calendar year in a manner that each did not substantially comply with department application requirements ; or (c) prepared any air quality penni! application in violation of the professional standards defined by departmen1 rule. 

## 19-2-110
. Violations -- Notice to violator
-- Corrective action orders

-- Conference, . conciliation, and persuasion by board
-- Hearings. (1) (a) Whenever the executive secretary has reason to believe that a violation of any provision ofthis chapter or any mle issued tmder it has occurred, he may serve written notice ofthe violation upon the alleged· violator

. The notice shall specify the provision ofthis

· · chapter
·or mle 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**tim~ '**  

### · (b) In lieu ofbeginning an adjudicative proceeding under Subsection (l)(a), the board may initiate an action pursuant to Section 19-2-115

. (2) Nothing in this chapter prevents the board from making efforts to obtain voluntary compliance through warning, conference, conciliation, persuasion, or other appropriate means
. (3) Hearings may be held before an administrative lawjudge as provided by Section 19-1-301

. 

## 19-2-112
. Generalized condition of air pollution creating emergency -- Sources causing imminent danger to health
-- Powers of executive director -- Declaration of emergency. (I) (a) Title 63G, Chapter 4, Administrative Procedures Act, and any otl1er provision of law to the contrary notwithstanding, ifthe executive director finds that a generalized condition ofair pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, the executive director, with the concurrence ofthe 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 affinn, modify, or set aside the order ofthe executive director. (2) (a) In the absence ofa generalized condition of air pollution referred to in Subsection ( 1 ) , 

### but ifthe executive director finds that emissions from the operation of one or more air contaminant sources is causing imminent danger to human health or safety, the executive director may commence adjudicative proceedings under Section 630-4-502. (b) Notwithstanding Section 19-1-30 I , the executive director may conduct the emergency adjudicative proceeding in place of an administrative law judge

. (3) Nothing in this section limits any power that the governor or any other officer has to declare an emergency and act on the basis ofthat declaration. 

## 19-2- 113
. Variances -- Judicial review. (1) 

### (a) Any person who owns or is in control of any plant, building, stmcture, establishment, process, or equipment may apply to the board for a variance from its mles

. (b) The board may grant the requested variance following an atmounced public meeting, if it finds , after considering the endangerment to human health and safety and other relevant factors, that compliance with the mles 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 ofthe applicant, other owners ofproperty likely to be affected by the discharges, and the general public

. (3) Any variance or renewal of a variance shall be granted within the requirements of Subsection (1) and for time periods and under conditions consistent with the reasons for it, and within the following limitations : (a) ifthe variance is granted on the grounds that there are no practicable means known or available for the adequate prevention, abatement, or control ofthe air pollution involved, it shall be only until the necessary means for prevention, abatement, or control become known and available, and subject to the taking of any substitute or alternate measures that the board may prescribe ; (b) (i) ifthe variance is granted on the grounds that compliance with the re
. quirements from which variance is sought will require that measures , because· oftheir extent or cost, must be spread over a long period oftime, the variance shall be granted for a reasonable time that, in the view ofthe board, is required for implementation ofthe necessary measures; and (ii) a variance granted on this ground shall contain a timetable for the implementation ofremedial measures in an expeditious manner and shall be

· conditioned on adherence to the timetable; or (c) ifthe variance is granted on the ground that it is necessary to relieve or prevent hardship ofa kind other than that provided for in Subsection (a) or (b), it shall not be granted for more than one year.

### (4) (a) Any variance granted under this section may be renewed on terms and conditions and for periods that would be appropriate for initially granting a variance. (b) If a complaint is made to the board because of the variance, a renewal may not be granted unless, following an announced public meeting , the board find s that renewal is justified. (c) To receive a renewal , an applicant shall submit a request for agency action to the board reque sting a renewal. (d) Immediately upon receipt of an application for renewal, the board shall give public notice of the application as required by its rules. (5) (a) A variance or renewal is not a right of the applicant or holder but may be granted at the board's discretion. (b) A person aggrieved by the board's decisi on may obtainjudicial review. (c) Venue for j udicial review of infonnal 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 tenn for which it was granted

. (b) The review procedure is the same as that for an original application. (c) The variance may be revoked upon a finding that: (i) the nature or amount ofemission has

. changed or increased; or (ii) iffacts existing at the date of the review had existed at the time ofthe original application, the variance would not have been granted

. (7) Nothing in this section and no variance or · renewal granted pursuant to it shall be construed to prevent or'limit the application ofthe 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 ofthis chapter or of any rules made under it: (I) 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 ofweed growth along ditch bar1ks incident to clearing these ditches for irrigation purposes; (3) controlled heating of orchards or other crops to lessen the chances oftheir being frozen so long as the (7) A person who knowingly violates any requirement of an applicable implementation plan adopted by the board, more than 30 days after having been notified in writing by the executive secretary that the person is violating the requirement, knowingly violates an order issued under Subsection 19-2-110(1)(a), or knowingly handles or disposes of asbestos in violation ofa rule made under this chapter is guilty ofa third degree felony and subject to imprisonment under Section 76-3-203 and a fine ofnot more than $25,000 per day of violation in the case of emi ssions from this heating do not violate minimum
standards set by the board ; and (4) the controlled buming of not more than two st

ructures per year by an organized and operating fire department for the purpose oftraining 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 tenns "k

nowingly," "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 pennit issued or made under this chapter is subject in a civil proceeding 

### to a penalty not 

### to exceed $1 0,000 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 IS U.S.C.A. 2647, Toxic Substar1ces 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 misdemear1or and is subject to imprisonment under Section 76-3-204 and a fine ofnot more than $25,000 per day of violation ifthat person knowingly violates any ofthe following under this chapter: (a) an applicable standard or limitation; (b) a permit condition; or (c) a fee or filing requirement. (4) A person is guilty of a third degree felony and is subject to imprisonment under Section 76

-3-203 and a fine ofnot more than $25,000 per day of violation who knowingly : (a) makes any false material statement, representation, or certification, in any notice or report required by permit; or (b) renders inaccurate any monitoring device or method required to be maintained by this chapter or applicable rules made under this chapter. (5) Any fine or penalty assessed under Subsections (2) or (3) is in lieu of any penalty under Section 19-2-109.1. (6) A person who willfully violates Section 19-2

- 120 is guilty of a class A misdemeanor. the first offense, and not more than $50,000 per day of violation in the case ofsubsequent offenses. (8) (a) As used in this section: (i) "Hazardous air pollutar1t" means any hazardous air pollutant listed under 42 U

. S.C

. 7412 or any extremely hazardous substar1ce listed under 42 U.S .C. 11 002(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 , 

# \tinstitution, trust. society , union, or any other association of persons
. (iii) "Serious bodily injury" means bodily injury which involves a substantial risk of death, unconsciousness , extreme physical pain, protracted and obvious disfigurement, or protracted Joss or impairment ofthe 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) release'S into the ambient air any hazardous air pollutant; and (B) places another person in imminent danger of death or serious bodily injury. (ii) As used in this Subsection (8)(b), "person" does not include an employee who is carrying out the employee's normal activities and who is not a part of senior management personnel or a corporate officer. (c) A person is guilty of a second degree felony and is subject to imprisonment under Section 76-3-203 and a fine ofnot more than $50,000 per day of violation if that person : (i) knowingly releases into the ambient air any hazardous air pollutant; and (ii) knows at the time that the person is placing another person in imminent danger ofdeath or serious bodily injury. (d) If a person is an organization, it shall, upon conviction ofviolating Subsection (8)(c) , be subject to a fine ofnot more than $1,000,000.

· (e) (i) · A defendant who is an individual is considered to have acted knowingly under Subsections (8)(c) 'and (d), if: (c) The department shall regulate**reimbur~ements** by making rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that: (i) define qualifying environmental enforcement activities; and (ii) define qualifying extraordinary expenses. 

## 19-2-116
. Injunction or other remedies to prevent violations -- Civil actions not abridged. (1) Action under Section 19-2-115 does not bar enforcement ofthis chapter, or any ofthe rules adopted under it or any orders made under it by injunction or other appropriate remedy

. The board has the power to institute and maintain in the name ofthe state any and all enforcement proceedings

. · (2) This chapter does not abridge, limit, impair, create, enlarge, or otherwise affect substantively or procedurally the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate proceeding for this purpose
. (3) (a) In addition to any other remedy created in this chapter, upon failure of any person to comply with any provision of this chapter or any rule adopted under it or any final order made by the board, the executive secretary, or the executive director and when it appears necessary for the (A) the defendant's conduct placed another person in imminent danger of death or serious bodily injury; and (B) the defendant was aware of or believed that there was an imminent danger of death or serious bodily injury to another person
. (ii) Knowledge pos sessed by a person other than the defendant may not be attributed to the defendant. (iii) Circumstantial evidence may be used to prove that the defendant possessed actual knowledge; including evidence that the defendant took affinnative steps to be shielded from receiving relevant infonnation. (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 ofthe risks involved prior to giving consent. (ii) The defendant has the burden ofproof 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 ofthis section shall be deposited in the General Fund

. 

### (b) The department may reimburse itself and local governments from monies collected from civil penalties for extraordinary expenses incurred in environmental enforcement activities

. protection ofhealth and welfare, the board may initiate through its executive secretary an action for appropriate injunctive relief

. (b) The attorney general shall bring injunctive relief actions on request. (c) A bond is not required

. 

## 19-2-117. Attorney general as legal advisor to board
-- Duties of attorney general and county attorneys. (1) The attorney general is the legal advisor to the board and its executive secretary and shall defend them
or any ofthem in all actions or proceedings brought against them or any ofthem. (2) The

.county attorney in the county in which a cause of action arises may, upon request ofthe 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 ofthe board or the executive secretary issued under this chapter. (3) The board or its executive secretary may bring any action and be represented by the attorney general. (4) In the event any person fails to comply with a cease and desist order ofthe board or its executive secretary that is not subject to a stay pending administrative orjudicial review, the board may, through its executivesecretary, initiate an action for, and is entitled to , injunctive relief to prevent any further or continued violation of the order. 

### 19-2-118
. Violation of injunction evidence of contempt. Failure to comply with the terms of any injunction issued under this chapter is prima facie evidence of contempt which is punishable as for other civil contempts. 

### 19-2-119
. Civil or criminal remedies not excluded-- Actionable rights under chapter-- No liability for acts of God or other catastrophes . (l) Existing civil or criminal remedies for any wrongful action which is a violation of any part of the law are not excluded by this chapter. (2) Persons other than the state or the board do not acquire actionable rights by virtue ofthis 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**wh~ther** 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 ofthe state may enact and enforce ordinances to control air pollution that are consistent with this chapter. 

### 19-2-122
. Cooperative agreements between political subdivisions aiid department. (i) 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 ofthe agency's members and employees

. 

### 19-2-123
. Tax relief to encourage investment in facilities -- Sales and use tax exemption. (I) 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 ofthe state. (2) All materials and equipment purchased, leased, or otherwise procured and services utilized for the construction or installation in a pollution control facility are exempt from sales and use taxes imposed by Title 59, Chapter 12, Sales and Use Tax Act, upon obtaining a certification ofpollution control facility from the board. 

### 19-2-124
. Application for certification of pollution control facility

-- Refunds -- Interest. (1) (a) A person who qualifies under Subsection (2) may apply to the board for certification of a pollution control facility erected , constructed, or installed, or to be erected, constructed, or installed in the state

. (b) The person may file the application after: (i) a firm construction contract has been entered;
or (ii) construction has commenced. (2) (a) (i) A person who applies under Subsection (1) shall be: (A) the owner of a trade or business that uses property in the state requiring a pollution control facility to prevent or minimize pollution; or (B) a person who, as a lessee or pursuant to an agreement, conducts the trade or business that operates or uses the property. (ii) For purposes of this Subsection (2), "owner" includes a contract purchaser. (b) The facility shall be owned, operated, or leased during a part 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. (d) A person who pays a tax under Title 59, Chapter 12, Sales and Use Tax Act, on a purchase of tangible personal property or services used in the construction of or incorporated into a pollution control facility that: (i) is not certified under Section 19-2-125, may obtain a refund 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 59-12-1 04(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 lax under Title 59, Chapter 12, Sales and Use Tax Act; or (ii) is certified under Section 19-2-125, may obtain a refund of the tax if : (A) the tangible personal property or services meet the requirements for exemption provided in Subsections 19-2-123(2) and 59-12-104(11) ; and (B) the person files a claim for the refund with the State Tax Commission within tluee 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 accrue to the amount of the refund granted by the State Tax Conunission: (I) at the rate prescribed in Section 59-1-402; and (II) beginning on the day on which the person pays the tax under Title 59, Chapter 12, Sales and Use Tax Act, for which the person is claiming a refund; or (B) more than 180 days after the day on which the board certifies the pollution control facility, interest shall be added to the amount 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 oftaxes under Subsection (2)(d)(ii) paid on a purchase oftangible 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 accrue to the amount ofthe refund granted by the State Tax Commission : (A) at the rate prescribed in Section 59-1-402; and (B) beginning 30 days after the day on which the person files a claim for a refund under Subsection (2)(d). (3) (a) Each application shall: (i) be in a format prescribed by the board; and (ii) contain: (A) a description of the facility and materials incorporated in the facility; (B) the machinery and equipment; (C) the existing or proposed operational procedure; and (D) a statement of the purpose ofpollution prevention , control , or reduction served or to be served by the facility. (b) The board may require any further infonnation it finds necessary before issuance of a certificate.


### 19-2-1 25. Action on application for certification. (1) (a) The board shall certify the facility if , after c
. onsulting with the State Tax Commission, the board finds that: (i) a pollution control facility or a part of a pollution control facility, for which application is made under Section 19-2-124: (A) was or is to be erected, constructed, acquired, or installed; and (B) is designed and is being operated or will operate primarily to prevent, control, or reduce air or water pollution; and (ii) the applicant qualifies under Section 19-2- 124

. (b) Ifone or more facilities constitute an operational unit, the board may certify those facilities under one certificate. (2) (a) The board and the State Tax Commission shall act on an application under Section 19-2-124 before the !20th day after filing

. (b) Failure ofthe board and the State Tax Commission to timely act constitutes automatic acceptance of the application and the board shall furnish a certificate to the applicant on demand. 

### 19-2-1 26
. 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 ifit finds that the : · (i) certification was obtained by fraud or gross misrepresentation; or (ii) holder ofthe certificate has failed substantially to operate the facility for the purpose of, and to the extent necessary to prevent, control, or reduce air or water pollution ilS specified in the certificate

. (b) A shutdown ofthe facility due to force majeure, including obsolescence, is not cause to revoke certification ofany facility. (2) (a) The board shall provide notice of the revocation by issuing a notice ofagency action. (b) The holder of the certificate may obtain judicial review of the revocation. (c) The revocation is final and conclusive unless an appeal is taken. (d) If the revocation is affirmed on appeal, revocation is final on the date notice ofrevocation 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) Ifthe 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 ofthe tax relief provided the holder to the extent pennitted 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

.. I

# Utab Administrative Rulemaking Act
Utah Code Title 63G , Chapter 3 (May 12, 2009)

Utah Administrative Rulemaking Act.

...... ... .. . ......... . . ... ..... .... .... ... .. . .... .. ..... ... .. ... . ...... ... .. .. .. ... . ........... . .......... .... ... .. ............ .. .. .... .... ... I

Title 63G. General Government.

........ ..... .. .. ....... . . . ... ... ......... .. .. . .... ..... .. . ... .. ... . ... . ..... ... ....... ... ........ ... .. . ... .. .. . .. .. ....... .... . . . ... ....... .. . ... I

Chapter 3

. Utal1 Administrative Rulemaking Act.

................ .... .................. . ............... .. ............. .. ........ ......... ...... . ...... ...... .. . ..... I

Part I

. General Provisions

. . .......... ... .. . ... . .... ... .. .. .. .. . ...... ...... ..... ... . .. . .:
.. .. .. ...... . ... . . .... ... . . ........ . .. . .......... ....... ........ ............ ..... .. . I

63G-3-101

. Title

............ . . . . . ................. . .. ...... ... ..... . . . ... ........ . ... .... . ... .. ..... ... .. . ... ....... .. ... .. .... .. ...... ... .... . .... ............ ... .. ... ... ... .. I 63G-3-102

. Defmitions

.. ............ .... . .. .................................................................................. ... ...... ........ . .... . ... .. ....... ... . ..... I Part 2

. Circumstances Requiring Rulemaking

- Status ofAdministrative Rules

.. .. .. .. .. ... ........ .. .. ...... ... .. .. ............ .. .... ... . ...... 2

63G-3-20 I

. When rulemaking is required

.... . ..................... . ................................. . .................. ... .... ... ......... .. ...... .. . .......... 2 63G-3-202

. Rules having the effect of law

................................. . ............................. . ................. ... .. ...... .. .... .. .......... ....... 3 Part 3

. Rulemaking Proceures

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

63G-3-301. Rulemaking procedure

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

.... .. .......... . . ... .. . ... . .... .. ... . . . ....... . ... .. . .... .... ..... .... ... .. .. ..... . .. . ........ ... .... . ... .... ................ ............. . 4 63G-3-303. Changes in mles

............ ... . ......... . ............ .. .. ... . ... . .. . . . .... .... . . ... ......... ..... .. . . ..... ... ..... .. . . . ................... .. .. ... . ... ..... 4 63G-3-304. Emergency mlemaking procedure

.. . .......... ... ....... . ........... . .. .. ....... ...... .. ... .. .. . .. .. ......... .. ... .. .. ............. ..... ... ... .. 5 63G-3-305. Agency review ofrules-- Schedule offilings-- Limited exemption for certain rules

. .... .... .. .......... ............ 5 Part 4. Division ofAdministrative Rules

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

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

.... .. ...... .. .. .. .. .. .. .. .. .. .. .. .. . .... . .... .. .... .... 5 63G-3-402. Division ofAdministrative Rules-- Duties generally

................ .. ............................ ........ .. .. .. .. . ............ ....... 6 63G-3-403

. Repeal and reenactment ofUtah Administrative Code

... .. ...... . .. ..... .. .... . .. ... .. .... .. . ..... .... .... ...... .. .. ....... .. ........ 6 Part 5. Legislative Oversight.

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

63G-3-501

. Administrative Rules Review Committee

........ .. ........ . ... .. . ...................................... .. .. . ... ... .. .......... . .. ........... 7 63G-3-502

. Legislative reauthorization of agency mles --Extension of mles by governor
. ...... .............. ........... .........'

... 

### 8 Part 6

. Judicial Review

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

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

........... ....... .. .. .... .. .... .. ...... ... .... ... ... .......... .. ........ .. .... .. .. . ...... ... 8 63G-3-602

. Judicial challenge to administrative mles

. .................. .... .... ...... ...... ..... .. ...... .. .... .. .... ... ............ .. ......... ... ... .... 8 63G-3-603

. Time for contesting a mle --Statute oflimitations

. .. .. .. .. .. .. ,.. ........ .... ... ... .......... .. ....... .... ............... .... . ... ...... 9 Part 7

. Official Compilation ofAdministrative Rules

.............................. .. ............ .'

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

63G-3-701. Utall Administrative Code as official compilation ofrules-- Judicial notice

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

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



## Title 63G. General Government

. Chapter 3. Utah Administrative Rulemaking Act. Part 1. 

### General Provisions. 63G-3-101. Title. This chapter is known as the "Utah Administrative Rulemaking Act." Renumbered audAmendedby Chapler 381. Laws ()/Utah 2008 General Session. ejjectire May 5, 2008**(former~1·** Section 63-46a-l)
63G-3

- 102. Defi nitions. As used in this chapter: (I) "Administrative record" means information an agency relies upon when making a mle under this chapter including:(a) the proposed mle, change in the proposed mle, and the rule analysis fonn ; (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 ofthe public comment; and (e) the agency's report ofits decision-making process
. (2) "Agency" means each state board, authority, commission, institution, department, division, officer, or other state government entity other than the Legislature, its committees, the political subdivisions ofthe state, or the courts , which is authorized or required by law 

### to make mles, adjudicate, grant or withhold licenses, grant or withhold relief from legal obligations , or perform other similar actions or duties delegated by law. (3) "Bulletin" means the 'Utah State Bulletin

. · 

### (4) "<:;atchline" means a short summary ofeach section, part, rule, or title ofthe code that follows the section, part, mle, or title reference placed before the text of the rule and serves the same functipn as boldface in legislation as described in Section 68-3-13

. (5) "Code" means the body ofall effective mles as compiled and organized by the division and entitled "Utah Administrative Code." (6) "Director" means the director of the Division of Administrative Rules

.Utah Administrative Rulemaking Act, 2009
(7) "Division" means the Division ofAdministr;;ttive Rules

. (8) "Effective" means operative and enforceable. (9) (a) "File" means to submit a document to the division as prescribed by the division

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

. (l 0) "Interested person" means any person affected by
or interested in a proposed mle, amendment to an existing rule, or a nonsubstantive change made tmder Section 630-3- 402

. (II) "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 ofpersons
. (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 mle available to the public by including the mle or a summary of the mle in the bulletin

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

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

. ( 16) (a) "Rule" means an agency's written statement that: (i) is explicitly or implicitly required by state or "federal statute or other applicable law; (ii) implements or interprets a state or federal legal mandate; and (iii) applies to a class ofpersons or another agency
. (b) "Rule" includes the amendment or repeal of

.an existing mle. (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 ofpersons or another agency; (iii) the governor's executive orders or proclamations ; (iv) opinions issued by the attorney general's office; (v) declaratory mlings issued by the agency according to Section 630-4-503 except as required by Section 630-3-201; (vi) mlings by an agency in adjudicative proceedings, except as required by Subsection 630- 3-201(6); or (vii) an agency written statement that is in violation ofany state or federal law

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

. (18) "Small business" means a business employing fewer than 50 persons
. (19) "Substantive change" means a change in a mle that affects the application or results of agency actions. Renumberedand Amended by Chapter 382. La11 ·s ofUtah 2008 Ce11eml Sessiol/. </lective May 5, 2008**(farmer~,.** Sec1io11 63-.J6a-2)

2 Page2



### Part 2. Circumstances R equiring Rulemaking

- Status of Administrative Rules. 63G-3-201. When rulemaking is required. ( I ) Each agency shall: (a) maintain a current version ofits mles; and (b) make it available to the public for inspection during its regular business hours. (2) In addition to other mlemaking required by law, each agency shall make mles when agency action:

and (a) authorizes, requires, or prohibits an action; (b) provides or prohibits a material benefit; (c) applies to a class ofpersons or another agency; (d) is explicitly or implicitly authorized by statute

. 

### (3) Rulemaking is also required when an agency issues a written interpretation of a state or federal legal mandate

. (4) Rulemaking is not required when: (a) agency action applies only to internal agency management, inmates or residents of a state correctional, diagnostic, or detention facility, persons under state legal custody, patients admitted to a state hospital, members of the state retirement system, or students enrolled in a state education institution; (b) a standardized agency manual applies only to internal fiscal or administrative details ofgovernmental entities supervised under statute; (c) an agency issues policy or other statements that
are advisory, informative, or descriptive, and do not confonn to the requirements of Subsections (2) and (3);
or (d) an agency makes nonsubstantive changes in a mle, except that the agency shall file all nonsubstantive changes in a mle with the division

. (5) (a) A mle shall enumerate any penalty authorized by statute that may result from its violation, subject to Subsections (5)(b) and (c). (b) A violation of a mle may not be subj ect to the criminal penalty of a class C misdemeanor or greater offense, except as provided under Subsection (5)(c). (c) A violation of a mle may be subject to a class C
or greater criminal penalty under Subsection (5)(a) when: (i) authorized by a specific state statute; (ii) a state law and programs under that law
are established in order for the state to obtain or maintain primacy over a federal program; or (iii) state civil or criminal penalties established by state statute regarding the program are equivalent to or less than corresponding federal civil or criminal penalties

. (6) Each agency shall enact mles incorporating the principles of!aw not already in its mles that are established by final adjudicative decisions within 120 days after the decision is rumounced in its cases
. (7) (a) Each agency may enact a mle that incorporates by reference : (i) all or any part of another code, mle, or regulation that has been adopted by a federal agency, an agency or political subdivision of this state, an agency of another state, or by a nationally recognized organization or association;Utah Administrative Rulemaking Act, 2009
(ii) state agency implementation plans mandated by the federal govemment for participation in the federal program; (iii) lists, tables , illustrations, or similar materials that are subject to frequent change, fully described in the mle, and are available for public inspection; or (iv) lists, tables, illustrations, or similar materials that the director detennines 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 mlemaking procedures of this chapter. (d) The agency shall maintain a complete and current copy of the referenced material available for public review at the agency and at the division

. (8) (a) This chapter is not intended to inhibit the exercise of agency discretion within the limits prescribed by
statute or agency rule. (b) An agency may enact a mle creating a justified exception to a mle

. (9) An agency may obtain assistance from the attomey general to ensure that its mles meet legal and constitutional requirements

.

.**~l(it?llded** by Chapter 3-17, Ltnvs ojU 1 ah 2009 General Session, e.llitctil·e May / 2, 2009 (farmeJ·! v SecliOII 63-.f!ia

-3)
63G-3-202, Rules having the effect of law. (I) 

### An agency's written statement is a mle if it conforms to the definition of a mle under Section 630-3-102, but the written statement is not enforceable unless it is made as a mle in accordance with the requirements of this chapter. (2) An agency's written statement that is made as a mle in accordance with the requirements ofthis chapter is enforceable and has the effect oflaw. Renumbered andAmended b y Chapter 382. Lrn•s ofUwh :!008 General Session, e.tJectire Mav 5

. :!008 (formerly Section 63-46a

-3.5)


### Part 3. Rulemaking Procedures.
63G-3-301. Rulemaking procedure. (1) An agency authorized to make mles is also authorized to amend or repeal those mles. (2) Except as provided in Sections 630-3-303 and 630- 3-304, when making , amending, or repealing a rule agencies shall comply with:

3 (a) the requirements of this section; (b) consistent procedures required by other statutes; (c) applicable federal mandates; and (d) mles made by the division to implement this chapter. Page 3
(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 mles. (4) (a) Each agency shall file its proposed mle and mle analysis with the division. (b) Rule amendments shall be marked with new language underlined and deleted language stmck out. (c) (i) The division shall publish the infonnation required under Subsection (8) on the mle analysis and the text of the proposed mle in the next issue of the bulletin. (ii) For mle amendments , only the section or subsection of the mle being amended need be printed

. (iii) If the director determines that the mle is too long to publish, the director shall publish the mle analysis and shall publish the mle 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 mle may have on businesses

. (6) Ifthe agency reasonably expects that a proposed mle will have a measurable negative fiscal impact on small businesses , the agency shall consider, as allowed by federal law , each of the following methods of reducing the impact of the rule on small businesses: (a) establishing less stringent compliance or reporting requirements for small businesses; (b) establishing less stringent schedules or deadlines for compliance or reporting requirements for small businesses ; (c) consolidating or simplifying compliance or reporting requirements for small businesses; (d) establishing performance standards for small businesses to replace design or operational standards required in the proposed rule; and (e) exempting small businesses from all or any part ofthe requirements conta

. ined in the proposed mle. (7) If during the public comment period an agency receives comment that the proposed rule will cost small business more than one day's annual average gross receipts , and the agency had not previously performed the analysis in Subsection (6), the agency shall perform the analysis described in Subsection (6)

. (8) The mle analysis shall contain: (a) a summary of the mle or change; (b) the purpose ofthe mle or reason for the change; (c) the statutory authority or federal requirement for the mle; (d) the anticipated cost or savings to: (i) the state budget; (ii) local governments; (iii) small businesses; and (iv) persons other than small businesses, businesses, or local governmental entities; (e) the compliance cost for affected persons ; 

### (f) how interested persons may review the full text ofthe mle ; (g) how interested persons may present their views
on the mle;Utah Administrative Rulemaking Act, 2009
(h) the time and place of any scheduled public hearing; (i) the name and telephone number ofan agency employee who may be contacted about the rule; (j) the name of the agency head or designee who authorized the rule ; (k) the date on which the mle may become effective following the public comment period ; and (l) comments by**t~e** department head on the fiscal impact the mle may have on businesses. (9) (a) For a mle being repealed and reenacted, the mle analysis shall contain a summary that generally includes the following: (i) a summary of substantive provis

. ions in the repealed mle which are eliminated from the enacted mle; and (ii) a summary ofnew substantive provisions appearing only in the enacted mle

. (b) The summary required under this Subsection (9) is to aid in review and may not be used to contest any rule on the ground of noncompliance with the procedural requirements of this chapter. (l 0) A copy of the rule analysis shall be mailed lu all persons who have made timely request of the agency for advance notice of its mlemaking proceedings and to any other person who, by statutory or fe deral mandate or in the judgment ofthe agency, should also receive notice

. (11) (a) Following the publication date, the agency shall allow at least 30 days for public comment on the mle

. (b) The agency shall review and evaluate all public comments submitted in writing within the time period under Subsection (11)(a) or presented at public hearings conducted by the agency within the time period under Subsection (11 )(a). (12) (a) Except as provided in Sections 630-3-303 and 630-3-304, a proposed mle becomes effective on any date specified by the agency that is no fewer than seven calendar days after the close of the public comment period under Subsection (11), nor more than 120 days after the publication date. (b) The agency shall provide notice 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 of the effective date of the rule in the next issue of the bulletin

. (e) A proposed rule lapses if a notice of effective date or a change to a proposed mle is not filed with the division within 120 days ofpublication

. (13) (a) As used in this Subsection (13), "initiate rulemaking proceedings" means the filing, for the purposes of publication in accordance with Subsection (4), of an agency's proposed rule that is required by state statute

. (b) A state agency shall initiate mlemaking proceedings no later than 180 days after the effective date ofthe statutory provision that specifically requires the rulemaking, except under Subsection (13)(c). (c) When a statute is enacted that requires agency mlymaking and the affected agency already has rules in place that meet the statutory requirement, the agency Page4

shall submit the mles to the Administrative Rules Review Committee for review within 60 days after the statute requiring the mlemaking takes effect. (d) If a state agency does not initiate mlemaking proceedings in accordance with the time requirements in Subsection (l3)(b) , the state agency shall appear before the legislative Administrative Rules Review Committee and provide the reasons for the delay. Amended by Ch.-;prer 93. L.1ws of (Jrah :!009 General Session. e((<'clive : \1a.1· I2. 2009 (fim11erly Section 63-46a-4j


### 63G-3-302. Public 

### hearings. (l) Each agency may hold a public hearing on a proposed mle , amendment to a mle, or repeal of a mle during the public comment period

. (2) Each agency shall hold a public hearing on a proposed mle , amendment to a mle, or repeal of a mle 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 bearing ; and (ii) the agency receives the request in writing not more than 15 days after the publication date of the proposed mle. (3) The agency shall hold the hearing: (a) before the mle becomes effective; and (b) no less than seven days nor more than 30 days after receipt ofthe request for hearing. Renumbered andAnr.•mled by Chapter 382. Laws ofUrah 2008 General Session, effectil·e Mm· 5. 2008 (f"ormerly Section 63-46a-5)


### 63G-3-303. Changes in rules. (1) (a) To change a proposed rule already published in the bulletin, an agency shall file with the division: (i) the text of the changed rule; and (ii) a rule analysis containing a description of the change and the information required by Section 630-3-301. 

### (b) A change to a proposed rule may not be filed
more than 120 days after publication of the rule being changed. (c) The division shall publish the rule analysis for the changed rule in the bulletin. (d) The changed proposed rule and its associated proposed rule will become effective on a date specified by the agency , not less than 30 days or more than 120 days after publication of the last change in proposed rule

. (e) A changed proposed rule and its associated proposed rule lapse if a notice ofeffective date or another change to a proposed rule is not filed with the division within 120 days ofpublication ofthe last change in proposed rule. (2) If the mle change is nonsubstantive : (a) the agency need not comply with the requirements of Subsection (l); and 

### (b) the agency shall notify the division ofthe change in writing. (3) If the mle is effective, the agency shall amend the rule according to the procedures specified in Section 630-3- 301.Utah Administrative Rulemaking Act, 2009

Rem}nthcrcd on) Ank'!tdi..:d hy Chupl!.!r 35?], L..iW.\' ,>j"l_.:'ttri;**~(!()8** G{:tlr;:n;i Scs.,fori. t:!f(:cth'('**.1/,~_·,:** 5. ]()08 (f(;rmerly**.)~ecfiun** 63--i6a-(iJ

63G-3-304. Emergency rulemaking procedure. (I) All agencies shall comply with the mlemaking procedures of Section 63G-3-301 unless an agency finds that these procedures would: (a) cause an irruninent 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 mle is excepted from regular mlemaking procedures by this section , the agency shall file with the division: (i) the text of the mle; and (ii) a mle analysis that includes the specific
reasons and justifications for its findings. (b) The division shall publish the mle in the bulletin as provided in Subsection 63G-3-301(4). (c) The agency shall notifY interested persons as provided in Subsection 63G-3-30! 

### (I 0). (d) The mle becomes effective for a period not exceeding 120 days on the date of filing or any later date designated in the mle. (3) If the agency intends the rule to be effective beyond 120 days , the agency shall also comply with the procedures of Section 63G-3-301

. ..Jmeildcd by Chapli•r 300. L<rws (>/Utah :!008 Generai**S~·ssiun;** and Renumbered ,mJAmended hr Chapter 382. Laors ()(Utah 2008 Generai Sessio11. effec!iJ·e May 5, 2008**({ormer~1·** Seuion 63--46a-7!
63G-3-305. Agency review of rules-- Schedule of filings

-- Limited exemption for certain rules. (I) Each agency shall review each ofits mles within

### fiv~ years ofthe mle's original effective date or within five years ofthe filing of the last five-year review, whichever is later. Rules effective prior to 1992 need not be reviewed until 1997

. (2) An agency may consider any substantial review of a mle 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 ofits review, the agency shall file
a notice ofreview on or before the anniversary date indicating its intent to continue, amend, or repeal the mle

.

5 (a) If the agency continues the mle, it shall file a statement which includes: (i) a concise explanation of the particular statutory provisions under which the mle is enacted and how these provisions authorize or require the mle ; (ii) a summary ofwritten corrunents received during and since the last five-year review of the mle from interested persons supporting or opposing the rule; and · (iii) a reasonedjustification for continuation of the mle, including reasons why the agency disagrees with comments in opposition to the mle, if any. Page 5
(b) If the agency repeals the rule , it shall comply with Section 63G-3-301

. (c) If the agency amends and continues the mle, it shall comply with tpe requirements of Section 63G-3- 301 and file the statement required in Subsection (3)(a). (4) (a) The division shall publish the notice and statement in the bulletin. (b) The division may schedule the publication of agency notices and statements, provided that no notice and statement shall be published more than one year after the review deadline established under Subsection (I)

. (5) The division shall notifY an agency ofrules due for review at least 180 days prior to the anniversary date. (6) Ifan agency finds that 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 ofthe 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 ofreview or extension on or before the date specified in the notice mandated in Subsection (5) , the division shall: (a) publish a notice in the next issue of the bulletin that the mle has expired and is no longer enforceable; (b) remove the mle from the code; and (c) notifY the agency that the rule has expired

. (9) After a mle expires, an agency must

. comply with the requirements of Section 63G-3-301 to reenact the rule. (10) (a) Rules issued under the following provisions related to the Department ofWorkforce Services or Labor Commission that are in effect on July 1, 1997, are not subject to the requirements of this section until July 1, 1998: (i) Title 34, Labor in General; (ii) Title 34A, Utah Labor Code; (iii) Title 35A, Utah Workforce Services Code; (iv) Title 40, Chapter 2, Coal Mines ; and (v) Title 57, Chapter 2 1, Utah Fair Housing Act. (b) Any mle described in Subsection (IO)(a) that would have expired on or after July 1, 1997 but before July I, 1998, expires July 1, 1998, unless for that mle the Department ofWorkforce Services or Labor Corrunission files: (i) the notice ofreview, described in Subsection (3); or (ii) an extension described in Subsection (6). Renumbered andAmended by Chapter 382. Lim'S ofUtah 2008 General Session, eftectil·e Mav 5. 2008 (fa rmerZ 1 ·Section 63

-46a-9)


### Part 4. Division ofAdministrative Rules. 63G-3-401. Division of Administrative Rules created-- Appointment of director. (1) There is created within the Department of Administrative Services the Division of Administrative Rules, to be administered by a director.Utah Administrative Rulemaking Act, 2009
(2) The director of administrative rules shall be appointed by the executive director with the approval of the governor. Ri!lwmhcrui o11J .I**n~<•ruied** by Cfropier 38:?, L<nvs of' Urufr ::OO!i**G~ncmi** S,·.<.<hm. <:ffi·efin' .\fa1' 5. 2008**(!imTI.:r~\'** Sccliun t53

-46o-9.5J
63G-3-402. Division of Administrative R ules --D uties generally. (I) The Division ofAdministrative 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 ofall proposed rules, and rulemaking documents available for public inspection; (d) publish all proposed rules, rule analyses, notices of effective dates, and review notices in the bulletin at least monthly, except that the division

. may publish the complete text of any proposed rule that the director detennines 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 lo the administrative code and the effective date of each change;

· (h) print, or contract to print, all ruleinaking publications the division determines necessary to implement this chapter; · · ' (i) distribute without charge the bulletin arid administrative code to state-designated repositories, the Administrative Rules Review Committee, the Office of Legislative Research and General Counsel, and the two houses of the Legislature; (j) distribute without charge the digest and index to state legislators, agencies, political subdivisions on request, and the Office ofLegislative Research and General Counsel; (k) distribute, at prices covering publication costs, all paper rulemaking publications to all other requesting persons and agencies; (I) provide agencies assistance in rulemaking ; and

· (m) administer this chapter and require state agencies to comply with filing, publication, and hearing procedures. (2) The division may after notifying the agency make nonsubstantive changes to rules filed with the division or published in the bulletin or code by: (a) implementing a uniform system of formatting, punctuation, capitalization, organization, numbering, and wording; (b) correcting obvious errors and inconsistencies in punctuation, capitalization, numbering, referencing, and wording; (c) changing a catchline to more accurately reflect the substance of each section, part, rule, or title ; Page 6
(d) updating or correcting annotations associated with a section , part, rule, or title; and (e) merging or determining priority of any amendment, enactment, or repeal to the same rule or section made effective by an agency. (3) In addition, the division may make the following nonsubstantive changes with the concurrence of the agency: (a) eliminate duplication within rules; (b) eliminate obsolete and redundant words; and (c) correcting defective or inconsistent section and paragraph structure in arrangement of the subject matter ofrules

. (4) For nonsubstantive changes made in accordance with Subsection (2) or (3) after publication of the rule in the bulletin, the division shall publish a list ofnonsubstantive changes in the bulletin. For each nonsubstantive change, the list shall include: (a) the affected code citation; (b) a brief description of the change; and (c) the date the change was made. (5) All funds appropriated or collected for publishing the division's publications shall be nonlapsing

. Renumbereda11d Amended b.•· Chapler 381. Law.,· <!!'Utah 200/i Ge11eral Session. e!(euh·e Muy 5, 1008**(lormer~•·** Sec:!ion 63-46a-/(J!
63G-3

-403

. Rep eal an d reenactment of Utah Administr ative 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 c· ode according to the requirements ofthis section. (2) The division may:

· (a) reorganize, reformat, and renumber the code; (b) require each agency to review its rules and make a'ny organizational or substantive changes according to the requirements of Section 63G-3-303; and (c) require each agency to prepare a brief summary of all substantive changes made by the agency. (3) The division may make nonsubstantive changes in the code by: (a) adopting a w1iform system ofpunctuation, capitalization, numbering, and wording; (b) eliminating duplication; (c) correcting defective or inconsistent section and paragraph structure in arrangement of the subject matter ofrules; (d) eliminating all obsolete or redundant words; (e) correcting obvious errors and inconsistencies in punctuation, capitalization, numbering, referencing, and wording; (f) changing a catchline to more accurately reflect the substance of each section, part, rule, or title; (g) updating or correcting annotations associated with a section , part, mle, or title; and (h) merging or determining priority of any amendment, enactment, or repeal to the same mle or section made effective by an agency. (4) (a) To inform the public about the proposed code reenactment, the division shall publish in the bulletin: (i) notice of the code reenactment;Utah Administrative Rulemaking Act, 2009
(ii) the date, time, and place of a public hearing where members of the public may comment on the proposed reenactment of the code; (iii) locations where the proposed reenactment of the code may be reviewed ; and (iv) agency summaries of substantive changes in the reenacted code

. (b) To inform the public about substantive changes in agency mles contained in the proposed reenactment, each agency shall : (i) make the text of their reenacted rules availab le : (A) for public review during regular business hours ; and (B) in an electronic version; and (ii) comply with the requirements of Subsection 63G-3-301(!0). (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 ofLegislative 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 63G-3-305 for a review of all agency rules. A111,C11ded by Chapter 300, Laws ofUtah 2008 General Session: and Reiiumbered andAmended by Chapter 382, Laws ofUtah 2008 Gt

:iieral Session. e:tfectiw May j, 2008 (tormerlr Section 63-46a105i


### Part 5. Legislative Oversight. 63G-3-501. Administrative Rules Review Committee. (!)(a) There is created an Administrative Rules Review Committee often permanent members and four ex officio members.

7 (b) (i) The committee's permanent members shall be composed of five members ofthe Senate, appointed by the president of the Senate, and five members of the House, appointed by the speaker of the House, with no more than three senators and three representatives from the same political party

. (ii) The
·permanent members shall convene at least once each month as a committee to review
new agency mles, amendments to existing agency mles, and repeals of existing agency mles. Meetings may be suspended at the discretion of the committee chairs

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

. (iv) A vacancy exists whenever a committee member ceases to be a member of the Legislature, or when a member resigns from the committee

. Page 7

Vacancies shall be filled by the appointing authority, and the replacement shall serve out the
unexpired term

. (c) When the committee reviews existing mles , the committee's permanent members shall invite the Senate and House chainnen of the standing committee and the Senate and House chairmen of the appropriation subcommittee that havejurisdiction over the agency whose existing mles are being reviewed to participate as nonvoting , ex officio members with the committee. (d) Three representatives and three senators from the permanent

### me1~bers are a quonnn for the transaction ofbusiness at any meeting

. (2) Each agency mle as defmed in Section 63G-3-102 shall be submitted to the committee at the same time public notice is given under Section 63G-3-301. (3) (a) The corrunittee shall exercise continuous oversight of the process ofrulemaking. (b) The committee shall examine mles 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 govemment operations of the state and local political subdivisions; and (iv) their impact on affected persons. (c) To carry out these duties, the committee may examine any other issues that it considers necessary
. The committee may also notify and refer mles to the chairmen of the interim corrunittee which has jurisdiction
over a particular agency when the committee determines that an issue involved in an agency's mles may be more appropriately addressed by that committee

. (d) In reviewing the mles, the committee shall follow generally accepted principles of statutory construction. (4) The 1corrunittee may request that the Office of the Legislative Fiscal Analyst prepare a fiscal note on any rule. (5) In order to accomplish its oversight functions , the corrunittee has all the powers granted to legislative interim committees as set forth in Section 36-12-11. (6) (a) The committee may prepare written findings of its review of each rule and may include any · recommendations, including legislative action. (b) The corrunittee shall provide to the agency that enacted the rule : · (i) its findings, if any; and (ii) a request that the agency notify the committee of any changes it makes in the rule

. (c) The committee shall provide its findings to any member of the Legislature and to any person affected by the rule who requests the findings. (d) The committee shall provide its findings to the presiding officers ofboth the House and the Senate, Senate and House chairs ofthe standing committee, and the Senate and House chairs of the Appropriation Subcommittee that havejurisdiction over the agency whose rules are the subject of the findings.

/ 'Utah Administrative Rulemaking Act, 2009
(7) (a) The committee may submit a report on its review of state agency rules to each member of the Legislature at each regular session. (b) The report shall jnclude: (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. Rcm.>!llb<?r<.>d ,mdAmended by Cih1pter 382. Laws o( Utah 2008 Geu.?ml Sessio11. e.ftecfivc ,\,Ja)' 5. 21)(18 ({n.rmer/1· Seuio11 63-46u-lll
63G-3-502. Legislative reauthorization of agency rules

-- Extension of rules by governor. (I) All grants ofrulemaking power from the Legislature to a state agency in any statute are made subject to the provisions of this section. (2) (a) Except as provided in Subsection (2)(b) , every agency rule that is in effect on February 28 of any calendar year expires on May I of that year tmless it has been reauthorized by the Legislature. (b) Notwithstanding the provisions of Subsection (2)(a), an agency's mles do not expire if: (i) the rule is explicitly mandated by a federal law or regulation; or (ii) a provision ofUtah's constitution vests the agency with specific constitutional authority to regulate. (3) (a) The Administrative Rules Review Committee shall have omnibus legislation prepared for consideration by the Legislature during its armual general session. · · (b) The omnibus legislation shall be substantially in the following form:

_ "All mles ofUtah state agencies are reauthorized except for the following : ". (c) Before sending the legislation to the governor for the governor's action, the Administrative Rules Review Committee may send a letter to the governor and to the agency explaining specifically why the committee believes any rule should not be reauthorized. (d) For the purpose ofthis section, the entire rule a single section, or any complete paragraph of a rule ma; be excepted for reauthorization in the omnibus legislation considered by the Legislature. (4) The Legislature's reauthorization of a rule by legislation does not constitute legislative approval ofthe rule nor is it admissible in any proceeding as evidence of ' legislative intent. (5) (a) Ifan agency believes that a rule that has not been reauthorized by the Legislature or that will be allowed to expire should continue i..n full force and effect and is a rule within their authorized mlemaking power, the agency may seek the governor' s declaration extending the rule beyond the · expiration date.

8 (b) In seeking the extension, the agency shall submit a petition to the governor that affirmatively states: (i) that the mle is necessary; and (ii) a citation to the source ofits authority to make the rule. (c) (i) Ifthe govemor finds that the necessity does exist, and that the agency has the authority to make the Page 8
rule, the govemor may declare the rule to be extended by publishing that declaration in the Administrative Rules Bulletin on or before April 15 of that year.
. (ii)

. The declaration shall set forth the rule to be extended, the reasons the extension is necessary, and a citation to the source ofthe agency's authority to make the rule

. (d) If the 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 rules intended to be reauthorized by the Legislature, the governor may declare all rules to be extended by publishing a single declaration in the Administrative Rules Bulletin on or before June 15 without meeting requirements of Subsections (5)(b) and (c)

. . Remnnhercd andAmended h_1· Chapter 38). Laws o{Utah 2008 Gener.-11 Session. etii-uh·e ,\fay 5, 2008 (formerh·**S~clin11** 63--llia1/.51

.
Part 6. 

### Judicial Review. 63G-3-601. Interested parties-- Petition for agency action. 

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

. (2) An interested person may petition an agency to request the making, amendment, or repeal of a mle. (3) The division shall prescribe by rule the form for petitions and the procedure for their submission, cOJ1sideration, and disposition. (4) A statement shall accompany the proposed rule, or proposed amendment or repeal of a rule, demonstrating that the proposed action is within thejurisdiction ofthe agency and appropriate to the powers ofthe agency. (5) Within 60 days after submission of a petition, the agency shall either deny the petition in writing, stating its
reasons for the denial, or initiate rulemaking proceedings

. (6) (a) Ifthe petition is submitted to a board that has been granted rulemaking authority by the Legislature, the board shall, within 45 days ofthe submission of the petition, place the petition on its agenda for review

. (b) Within 80 days of the submission of the petition, the board shall either: (i) deny the petition in writing stating its
reasons for denial; or (ii) initiate rulemaking proceedings. (7) If the agency or board has not provided the petitioner written notice that the agency has denied the petition or initiated rulemaking proceedings within the time limitations specified in Subsection (5) or (6) respectively, the petitioner may seek a writ of mandamus in state district court. Renumbered andAmended br C hapter 382, La11·s o(Utah 2008 General Sessio11, effective May 5, 2008 (formerly**S~c/io11** 63-46a-l i)
63G-3-602

. Judicial challenge to administrative rules. (1) (a) Any person aggrieved by a rule may obtain judicial review of the mle by filing a complaint with the cotmty clerk in the district court where the person resides or in the district court in Salt Lake County.Utah Administrative Rulemaking Act, 2009
(b) Any person aggrieved by an agency's failure to comply with Section 630-3-20 I may obtain judicial review of the agency's failure to comply by filing a compl aint wi th the clerk of the district court where the person resides or in the district court in Salt Lake County

. (2) (a) Except as provided in Subsection (2)(b) , a person seeking judicial review under this section shall exhaust that person's administrative remedi es by complying with the requirements of Section 630-3-60 I before filing the complaint. (b) When seekingjudicial review of a rule, the person need not exhaust that person's administrative remedies if : (i) less than six months has pas sed since the date that the rule became effective and the person had submitted verbal or written comments on the rule to the agency during the public conunent period; (ii) a statute granting rulemaking authority expressly exempts rules made under authority of that statute from compliance with Section 630-3- 601 ; or (iii) compliance with Section 630-3 -601 would cause the person irreparable harm

.

. (3) (a) In addition to the information required by the Utah Rules of Civil Procedure, a complaint filed under this section shall contain:

by :

9 (i) the name and mailing address of the plaintiff; (ii) the name and mailing address of the defendant agency ; (iii) the name and mailing address of any other partyjoined in the action as a defendant; (iv) the text of the rule or proposed rule, if any ; (v) an allegation that the person filing the complaint has either exhausted the administrative remedies by complying with Section 630

-3-601 or met the requirements for waiver of exhaustion of administrative remedi es established by Subsection (2)(b) ; (vi) the relief sought; and (vii) factual and legal allegations supporting the relief sought. (b) (i) The plaintiffshall serve a summons and a copy of the complaint as required by the Utah Rules of Civil Procedure

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

. (iii) The agency shall file the admi nistrative record of the rule, if any, with its responsive pleading

. (4) The district court may grant relief to the petitioner (a) declaring the rule invalid, if the court finds that: (i) the rule violates constitutional or statutory law or the agency does not have legal authority to make the rule; Page 9
(i i) the rule is not supported by substantial evidence when viewed in light of the whole administrative record; or (iii) the agency did not follow proper rulemaking procedure; (b) declaring the rule nonapplicable to the petitioner; (c) remanding the matter to the agency for compliance with proper rulemaking procedures or further fact-finding; (d) ordering the agency to comply with Section 630-3-201; (e) issuing ajudicial stay or injunction to enjoin the agency from illegal action or action that would cause irreparable harm to the petitioner; or (f) any combination of Subsections (4)(a) through (e)

. 

### (5) If the plaintiffmeets the requirements of Subsection (2)(b), the district court may review and act on a complaint under this section whether or not the plaintiffhas requested the agency review under Section 630-3-601. RenumberedandAmended by Chapter 382. [,nvs 

### D/ Ut<"th :!f/08 General Session. e_(feclire M,n· 5. 2008**(limner~\'** Seuion 63-46a12.!)


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

-- Statute of limitations

. 

### (1) A proceeding to contest any rule on the ground of noncompliance with the procedural requirements of this

. chapter shall commence within two years ofthe effective date ofthe rule. · (2) A proceeding to contest any rule 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 rule on the basis that a change to the rule made under Subsection 630-3-402(2) or (3) substantively changed the rule shall be cominenced within two years of the date the change was made

. RenumberedandAmended b_1· C!taprer 382, Lo11·s v.fUtah 2008 Genem/Ses.;ion, effective Ma.,· 5

. :!008 (jimncrly Section 63-46a-14)


### Part 7. Official Compilation ofAdministrative Rules. 63G-3-701. Utah Administrative Code as official compilation ofrules-- Judicial notice. The code shall be received by all thejudges, public officers , commissions, and departments ofthe state govenunent as evidence of the administrative law of the state ofUtah and as an authorized compilation ofthe administrative law ofUtah. All courts shall takejudicial notice ofthe code and its provisions. Retwmbered andAmended by Chapter 38:!, La11s ofUwlt 200R General Session, £j{ective :'vfay 5. :!(108 (jimnerly Sec1ion 63-4t>,r- /ljj


### 63G-3-702. Utah Administrative Code-- Organization-- Official compilation. (1) The Utah Administrative Code shall be divided into three parts: (a) titles, whose number shall begin with "R" ; (b) rules ; andUtah Administrative Rulemaking Act, 2009
(c) sections. (2) All sections contained in the code are referenced by
a three-part number indicating its location in the code. (3) The division shall maintain the official compilation of the code and is the state-designated repository for administrative rules. If a dispute arises in which there is more than one version of a rule, the latest effective version on file with the division is considered the correct, current version. Rt>llltnli•ercd i/11</ lm.-n./ed l>v Clwp!er 38::, Lmrs ofUrafl2008 General Scssio11.**cf!"c:c~iw: M,~,.**  5. ::008 (jonnerly Seclion 63-4oa-9.6)

NOTE: Source**http:·~ie.uhth.gm:·-code•TITLE63G•iS3G03.cip** ac.c<?.<se.i**O~:O:·** ]0119. Legis!atil·e action ilif(mnation aJdi'd bv 1/te Oidsion t:T Admiui\·lrutiw: Rules bused on inj(wrnulivn /i'om Hi.>wn·Intiuxrprol·iJc:d b_,. Legislative Re.rearch and General C(III!Hei. t/7,'!)]:21!01 1.

10 Page 10

## R l 5. Administrative 

## Administrativ e Services Service s, 

## hearings: Administrative Rules. Rl5-l. Administrative Rule Hearings. Rl5-l-1. Authority. 

## (1) This rule establishes procedures and standards for administrative rule hearings as required by Subsection 63G-3-402 (1) 

## (a)

. (2) 

## The procedures of this rule constitute the minimum requirements for mandatory administrative rule hearings. Additional procedures may be required to comply with any other governing statute, federal law, or federal regulation.
Rl5
- l-2. 

## (1) rule are 63G-3-102. 

## Definitions. 

## Terms used defined in (2) 

## In addition: (a) "hearing " administrative rule and (b) "officer" administrative rule officer.
Rl5-l-3. Purpose. 

## in this Section

means an

hearing;

means an hearing

(1) 

## The purpose of this rule is to provide : (a) procedures for agency hearings on proposed administrative rules or rules**c~anges,** 

## or on the need for a rule or change; (b)

. opportunity for public comment on rules ; and (c) opportunity for agency response to public concerns about rules

. (a) during the public comment period on a proposed rule, after its publication in the bulletin and prior to its effective date; (b) before initiating rulemaking procedures under Title 63G, 

## Chapter 3, 

## to promote public input prior to a rule's publication; (c) during a regular or extraordinary meeting of a state board, council, or commission, in order to avoid separate and additional meetings; or (d) to hear any public petition for a rule change as provided by Section 63G-3-601. ( 3) 

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

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

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

## no second hearing is required for the purpose of comment on the same rule or change considered at the first hearing.
R15-1-5. 

## (1) (a) 

## Hearing Procedures. 

## Notice.
Rl5 -1-4. When Agencies Hold 

## provide An 

## agency shall notice of a hearing Hearings

. 

## by: (1) 

## Agencies shall hold (i) publishing hearings as required by hearing date , time, place, Subsection 63G-3-302(2)

. 

## subject in the bulletin; (2) 

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

## Utah Administrative Code

- 1 - 

## the and

of

## Administrative Services the notice directly to persons attendance. The officer may who have petitioned for a set time limits for speakers hearing or rule changes under and shall ensure equitable use Section 63G-3-302 or 63G-3- of time. 601, respectively; and (b) The agency shall (iii) posting for at have a representative at · the least 24 hours in a place in hearing,

. other than the the agency's offices which is officer, who is familiar with frequented by the public. the rule at issue and who can (b) If a rules hearing respond to requests for becomes mandatory after the information by those in agency has published the attendance. proposed rule in the bulletin, (c) The officer shall the agency shall notify in invite written comment to be writing persons requesting the submitted at the hearing or hearing of the time and**place~** 

## after the hearing, within a (c) An 

## agency may reasonable time. Written provide additional notice of a comment shall be attached to hearing, and shall give the hearing minutes. further notice as may (d) The officer shall otherwise be required by law. conduct the hearing as an (2) Hearing Officer. open, informal, orderly, and (a) The agency head informi3,tive meeting. Oaths, shall appoint as hearing cross -examination, and rules officer a person qualified to of evidence are not required. conduct fairly the hearing. (5) The Hearing Record. ·' (,b) No restrictions (a) The officer shall apply to this • appointment cause to be recorded the name, except the officer shall know address, and relevant rulemaking procedure. affiliation of all persons (c) However, if a state speaking at the hearing, and board, council, or commission cause an electronic or is responsible for agency mechanical verbatim recording rulemaking, and holds a of the hearing to be made, or hearing, a member or the make a brief summary, of their body's designee may be the remarks. hearing officer. (b) The hearing record (3) Time. The officer consists of a copy of the**~hall** 

## open the hearing at the proposed rule or rule change , announced time and place and submitted written comment, the permit comment for a minimum hearing recording or summary, of one hour. The hearing

- may the list of persons speaking be extended or continued to at the hearing, and other another day as necessary in pertinent documents as the judgment of the officer. determined by the agency. (4) Comment. (c) The hearing officer (a) At the opening of shall, as soon as practicable, the hearing, the officer shall assemble the hearing record explain the subject and and transmit it to the agency purpose of the hearing and for consideration. invite orderly, germane (d) The hearing record comment from

. all persons in shall be kept with and as part August 1, 2009 Utah Administrative Code - 2 -

## Administrative Services of the rule 1 

## s administrative record in a file available at the agency offices for public inspection.
R15-1-8. Regarding Procedure. Decision on an Issue Rulemaking 

## (1) 

## When a hearing issue requires a decision regarding rulemaking procedure, the officer shall submit a writte' n request for a decision to the director as soon as practicable after , or after recessing, the hearing, as provided 1n Section R15-5-6

. 

## The director shall reply to the agency head as provided in Subsection R15-5-6 (2)

. 

## The director 1 

## s decision shall be included in the hearing record. R15-1,.9. Appeal and Judicial Review
. 

## may appeal the agency division by district court (1) 

## Persons the decision of head or the petitioning the fgr judicial provided by law. review as

KEY: administrative law, government hearings Date of Enactment or Last Substantive Amendment: June 1, 1996 Notice of Continuation: September 29, 2005 Authorizing, and Implemented or Interpreted Law: 63G-3-402 

## making, amendment, or repeal of an administrative rule.
R15-2-2. (1) 

## rule are 638-3-102. 

## Definitions. 

## Terms used defined in in this Section (2) Other terms are defined as follows: (a) 11 

## rule change 11 

## means: (i) making a new rule; (ii) amending, repealing, or repealing and reenacting an existing rule; (iii) amending a proposed rule further by filing a change in proposed rule under the provisions of Section 63G-3-303; 

## (iv) allowing a proposed (new, amended, repealed, or repealed and reenac t ed) rule or change in proposed rule to lapse; or (v) 

## any combination of the above. (b) 11 

## petitioner 11 

## means an interested person who submits a petition to an agency pursuant to Section 63G-3-601 

## and this rule.
R15-2-3. Petition Procedure. 

## (1) 

## The petitioner shall send the petition to the head of the agency authori zed by law to make the rul e change requested. (2) The agency receiving the petition shall s tamp the petition with the date of receipt.
R15-2. Public Petitioning for RlS
- 2
- 4. Petition Form . Rulemaking. 

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

## (a) be clearly As required by Subsection designated 11 

## petition for a 63G-3-601 (2), 

## this rule rule change 11 ; 

## prescribes the form and (b) state the procedures for submission, petitioner 1 

## s name; consideration, and disposition (c) state the of petitions requesting the petitioner 1 

## s interest in the August 1, 2009 

## Utah Administrative Code

- 3 -

## Administrative Services rule, including relevant part of the administrative affiliation, if any; (d) include a statement as required by Subsection 63G3-601(4) regarding the requested rule change; (e) state approximate wording of requested rule change; the the (f) describe the reason for the rule change; (g) include an address, an E-mail address when available, and telephone where the petitioner can be reached during regular business hours; and (h) 

## petitioner.
R15-2-5. 

## be signed by the

Petition Consideration And Disposition. ( 1) 

## The agency head or designee shall: (a) review and consider the petition;

· (b) write a response to the petition stat ing: (i) that the petition is denied and reasons for denial, or (ii) the date when the agency is initiating a rule change consistent with the intent of the petition; and (c) send the response to record. (4) The agency shall mail copies of its decision to all persons who petitioned for

. a rule change.
KEY: administrative law Date of Enactment or Last Substantive Amendment: December 25, 2006 Notice of Continuation: September 29, 2005 Authorizing, and Implemented or Interpreted Law: 63G-3-601
Rl5-3. Clarification Definitional of Administrative Rule. Rl5-3-l. Authority, Purpose, and Definitions. 

## (1) 

## This rule is authorized under Subsection 63G-3-402(1) which requires the division to administer the Utah Administrative Rulemaking Act , Title 63G, Chapter 3. (2) 

## This rule clarifies when rulemaking is required, and requirements for incorporation by reference within rules. (3) Terms used in this rule are defined in Section 63G-3-102. the petitioner within the time R15-3
- 2. Agency Discretion. 

## frame provided by Section 63G- (1) A rule may restrict 3-601. agency discretion to prevent (2) The petitioned agency personnel from agency may, within the time exceeding their scope of frame provided by Section 63G- employment , or committing 3-601, interview the arbitrary action or petitioner, hold a public application of standards, or hearing on the petition, or to provide due process for take any action the agency, in

. persons affected by agency its judgment, deems necessary actions

. to provide the petition due (2) A rule may authorize consideration. agency discretion that sets (3) The agency shall limits, standards, and scope retain the petition and a copy of employment within which a of the agency's response as range of actions may be August 1, 2009 Utah Administrative Code

- 4

-

## Administrative Services applied by agency personnel. A rule may also establish criteria for granting exceptions to the standards or procedures of the rule when, in the judgment of authorized personnel, documented circumstances warrant

. ( 3) An 

## agency may have written policies which broadly prescribe goals and guidelines. Policies are not rules · unless they meet the criteria for rules set forth under Section 63G-3-201 (2)

. (4) 

## Within the limits prescribed by Sections 63G-3- 201 and 63G-3-602, an agency
· has full discretion regarding

the substantive content of its rules. The division has authority over nonsubstantive content under Subsections 63G3-402(2) and (3), and 63G-3- 403(2) and (3), rulemaking procedures, and the physical format

.of rules for compilation in**th~** 

## Utah Administrative Code.
R15-3-3. Use of Incorporation by Reference in Rules. 

## (1) An 

## agency incorporating materials by reference as permitted under Subsection 63G-3-201(7) shall comply with the following standards: (a) The specifically material is reference

. " rule shall state that the cited "incorporated by (b) 

## If the material contains options, or is modified in its application , the options selected and modifications made shall be stated in the rule. (c) If the incorporated material is substantively changed at a later time, and the
· revised material, the agency shall amend its rule through rulemaking procedures to incorporate by reference any applicable changes as soon as practicable. (d) In accordance with Subsection 63G-3-201 (7) (c), an agency shall describe substantive changes that appear in the materials incorporated by reference as part of the "summary of rule or change" in the rule analysis.

· ( 2) 

### An 

## agency shall comply with copyright requirements when it provides the division a copy of material incorporated by reference

. R15
- 3-4. Computer-Prohibited Material. (1) 

## All rules shall
· be in a format that permits their compatibility with the division's computer system and compilation into the Utah Administrative Code. (2) 

## Rules may not contain maps, charts,

. graphs, diagrams, illustrations, forms, or similar material. (3) 

## The division shall issue and provide to agencies instructions and standards for formatting rules

. R15
- 3-5. that Pursuant 301 (13). 

## Statutory Provisions Require Ru1emaking

to Subsection 63G-3- 

## For Subsection the purposes 63G-3-301 (13) I 

## of the phrase "statutory that requires the means a state provision that mandates rulemaking. provision rulemaking" statutory explicitly

the agency intends to enforce KEY: administrative law 

## August 1, 2009 Utah Administrative Code - 5 -

## Administrative Services Date of Enactment or Last Substantive Amendment : April 30, 2007 Notice of Continuation: September 29, 2005 Authorizing, and Implemented or Interpreted Law: 63G

- 3- 201; 63G-3-301; 63G-3-402 RlS-4. Administrative Rulemaking Procedures. RlS-4-1. Authority and Purpose. (1) This rule establishes procedures**fo~** 

## filing and publication of agency rules under Sections 63G-3-301 , 63G-3-303, and 63G3-304, as authorized under Subsection 63G-3-402(1). (2) The procedures of this rule constitute minimum requirements for rule filing and publication

. Other governing statutes, federal laws, or federal regulations may require additional rule :filing and publication procedures. RlS-4-2. ( 1) 

## rule are 63G-3-102. Definitions. Terms used defined in in this Section (2) Other terms are defined as follows: (a) "Anni versary date" means the date that is five years from the original effective date of the rule, or the date that is · five years from the date the agency filed with the division the most recent five-year review required under Subsection 63G3-305(3), whichever is sooner. (b) "Digest " means the Utah State Digest that process of collecting and arranging administrative rules systematically in the Utah Administrative Code, and includes the process of verifying that each amendment was marked as required under Subsection 63G-3-301 (2) (b); (d) "Compliance cost" means expenditures a regulated person will incur if a rule or change is made effective; (e) "Cost" means the aggregated expenses persons as a class affected by a rule will incur if a rule or change is made effective; (f) "eRules" means the Division's administrative rule filing application that agencies use to file rules and notices; (g) "Savings" means : (i) 

## an aggregated monetary amount that will no longer be incurred by persons as a class if a rule or change is made effective; (ii) an aggregated monetary amount that will be refunded or rebated if a rule or change is made effective; (iii) an aggregated monetary amount of anticipated revenues to be generated for state budgets, local governments, or both if a rule or change is made effective; or (i v) any combination of these aggregated monetary amounts

. (h) "Unmarked change" means a change made to rule text that was not marked as required by Subsection 63G-3- 301 (2) (b) summarizes the content of the RlS

- 4-3. Publication Dates bulletin as required by and Deadlines. Subsection 63G

- 3-402 (1) (f); (1) For the purposes of (c) "Codify" means the Subsections 63G-3-301 (2) and August 1, 2009 Utah Administrative Code

- 6

-

## Administrative Services 638-3-303 (1), an agency shall R15-4-5a. Notice of the 

## file its rule and rule Effective Date for a Proposed 

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

## the fifteenth day of the month for publication in the bulletin and digest issued on
· the first of the next month,

and by 11:59:59 p
. m. on the first day of the month for publication on the fifteenth of the same month. (a) If the first or fifteenth day is a Saturday, or a Tuesday, Wednesday, Thursday, or Friday holiday, the agency shall file the rule and rule analysis by 11: 59: 59 p
. m. on the previous regular business day

. (b) If the first or fifteenth day is a Sunday or Monday holiday, the agency shall file the rule and rule analysis by 11 : 59:59 p.m. on

· the next regular business day

. (2) For all purposes, the official date of publication for the bulletin and digest shall be the first and fifteenth days of each month

. RlS-4
- 4. Thirty-day Comment Period for a Proposed Rule and a Change in Proposed Rule . 

## (1) For the purposes of Sections 638-3-301 and 638-3- 303, "30 days" shall be computed by : (a) counting the day after publication of the rule as the first day; and (b) counting the thirtieth consecutive day after the day of publication as the thirtieth day, unless (c) the thirtieth consecutive day is a Saturday, Sunday , or holiday, in which event the thirtieth day is the next regular business day. (1) (a) Pursuant to Subsection 638-3-301(9), upon expiration of the comment period designated on the rule analysis and filed with the rule, and before expiration of 120 days after publication of a proposed rule, the agency proposing the rule shall notify the division of the date the rule is to become effective and enforceable. (b) The agency shall notify the division after determining that the proposed rule, in the form published, shall be the final form of the rule, and after informing the division of any nonsubstantive changes in the rule as provided for in Section Rl5-4- 6. 

## (2) (a) The agency shall notify the division by filing with the division a Notice of Effective Date form using eRules

. (b)
· If the eRules Notice of Effective Date form is unavailable to the agency, the agency may notify the division by any other form of written communication clearly identifying the proposed rule, stating the date the rule was filed with the division or published in the bulletin, and stating its effective date. (3) The date designated as the effective

.date shall be : (a) at least seven days after the comment period specified on the rule analysis; or (b) if the agency formally extends the comment period for · a proposed rule by publishing a subsequent notice August 1, 2009 Utah Administrative Code

- 7

-

## Administrative Services ln an issue of the bulletin, were filed with the division at least seven days after the or published in the bulletin, extended comment period. and stating the effective (4) The division shall date. publish notice of the effective date in the next issue of the bulletin

. There is no publication deadline for a notice of effective date for a proposed rule, nor requirement that it be published prior to the effective date. RlS-4-Sb. Notice of the Effective Date for a Change in Proposed Rule. 

## (1) (a) Upon expiration of the 30-day period required by Section 63G-3-303, and before expiration of the 120th day after publication of a change in proposed rule , the agency promulgating the rule shall notify the division of the date the rule is to become effective and enforceable. · (b) The agency shall notify the division after . 

## as be: (3) 

## the The date designated effective date shall (a) at least 30 days after the publication date of the rule in the bulletin , or (b) if the agency designated a comment period, at least seven days after a comment period designated by the agency on the rule analysis or formally extended by publication of a subsequent notice in the bulletin. (4) The division shall publish notice of the effective date in the next issue of the bulletin

. There is no publication deadline for the notice of effective date for a change in proposed rule, nor requirement that it be published prior to the effective date. determining that the rule text RlS
- 4-6. Nonsubstantive 

## as published is t he final form Changes in Rules. 

## of the rule , and after (1) Pursuant to informing the di vision of any Subsections 63G-3-201 (4) (d) nonsubstantive changes in the and 63G-3-303 (2), for the rule as provided for in purpose of making rule changes Section R15-4-6. that are grammatical or do not (2) (a) The agency shall materially affect the notify the division by filing application or outcome of with the division a Notice of agency procedures and Effective Date form using standards, agencies shall eRules

. · comply with the procedures of (b) If the eRules Notice this section. of Effective Date form is (2) The agency proposing unavailable to the agency, the a change shall determine if agency may notify the division the change is substantive or by any other form of written nonsubstantive according to communication clearly the criteria cited ln identifying the change in Subsection R15-4-6(1). proposed rule and any rules (a) The agency may seek upon which the change in the advice of the Attorney proposed rule is dependent, General or the division, but stating the date the rules the agency is responsible for August 1, 2009 Utah Administrative Code - 8 -

## Administrative Services compliance criteria. with the cited (ii) the change lS (3) Without complying with regular rulemaking procedures, an agency may make nonsubstantive changes in: (a) proposed rules already published ln the bulletin and digest but not made effective, or (b) rules already effective. (4) 

## To make a 

## nonsubstantive change in rule, the agency shall: a 

## (a) notify the division by filing with the division the form designated for nonsubstantive changes; (b) include with the notice the rule text to be changed, with changes marked as required by Section R15-4- 9; 

## and (c) include notice the name of head or designee the change. with the the agency authorizing (5) 

## A nonsubstantive**c~ange** 

## becomes effective on the date the division makes the change in the Utah Administrative Code. (6) 

## The division shall record the nonsubstantive change and its effective date in the administrative rules register.
RlS-4-7. Substantive Changes in Proposed Rules. (1) 

## Pursuant to Section 638-3-303, agencies shall comply with the procedures of this section when making a substantive change in a proposed rule. (a) The procedures of this section apply if: (i) the agency in the substantive under the criteria of Subsection 638-3-102(19); (iii) the rule was published as a proposal in the bulletin and digest; and (iv) the rule has not been made effective under the procedures of Subsection 638- 3-303 (1) (d) and Section R15-4- 5. 

## (b) If the rule is already effective, the agency shall comply with regular rulemaking procedures

. (2) 

## To make a substantive change in a proposed rule, the agency shall file with the division: (a) a rule analysis, marked to indicate the agency intends to change a rule already published , and describing the change and reasons for it; and (b) a copy of the proposed rule previously published in the bulletin marked to show only those changes made since the proposed rule was previously published as described in Section R15-4-9. (3) 

## The division shall

. publish the rule analysis in the next issue of the bulletin , subject to the publication deadlines of Section R15-4-3. The division may also publish the changed text of the rule. (4) 

## The agency may make a change in proposed rule effective by following the requirements of Section R15-4- 5, 

## or may further amend the rule by following the procedures of Sections R15-4-6 or R15-4-7. RlS-4
- 8. Temporary 120
- day Rules. 

## determines a change rule is necessary; August 1, 2009 Utah Administrative Code - 9 -

## Administrative Services ( 1) Pursuant to Section rulemaking. 638

- 3-304, for the purpose of (5) When a temporary filing

. a temporary rule, an rule and a similar regular agency shall comply with the rule are in effect at the same procedures of this section. time, any conflict between the (2) The agency proposing provisions of the two are a temporary rule shall resolved in favor of the rule l 

## determine if the need for the with the most recent effective rule complies with the date, unless the agency criteria of Subsection 638-3- designates otherwise as part 304(1). of the rule analysis. (a) The division (6) ·A temporary rule has interprets the criteria of the full force and effect of a Subsection 638-3-304(1) to permanent rule while in include under "welfare" any effect, but a temporary rule substantial material loss to is not codified in the Utah the classes of persons or Administrative Code. agencies the agency is mandated to regulate, serve, RlS-4
- 9. U nderscoring and or protect. Striking Out. (3) The agency shall use (1) (a) Pursuant to the same procedures for filing Subsection 638-3-301(2) (b), an and publishing a temporary agency shall underscore rule as for a permanent rule, language to be added and except: strike out language to be (a) the rule shall · deleted in proposed rules. become effective and (b) Consistent with enforceable on the day and Subsection 638-3-301 (2) (b), an hour it is recorded by the agency shall underscore division unless the agency language to be added and designates a later effective strike out language to be date on the rule analysis; deleted in changes in proposed (b) no comment period is rules, 120-day rules, and necessary; nonsubstantive changes

. (c) no public hearing is (c) Consistent with necessary; and legislative bill drafting (d) the rule shall technique, the struck out expire 120 days after the language shall be surrounded rule's effective date unless by brackets. the filing agericy notifies the (2) When an agency division, on the form or by proposes to make a new rule or memorandum, of an earlier section, the entire proposed expiration date. text shall be underscored. (4) A temporary rule is (3) (a) When an agency separate and distinct from a proposes to repeal a complete rule filed under regular rule it shall include as part rulemaking procedures, though of the information provided in the language of the
· two rules the rule analysis a brief may be identical. To make a summary of the deleted temporary rule permanent, the language and a brief agency shall propose a explanation of why the rule is separate rule for regular being repealed. August 1, 2009 Utah Administrative Code

- 10

-

## Administrative Serv ices (b ) The agency shall the rule analysis, the agency include with the rule analysis shall: a copy of the text to be (a) estimate the deleted in one of the incremental cost or savings following formats: and incremental compliance (i) each page annotated cost associated with the "repealed in its entirety" or changes proposed by the rule (ii) the entire text or change; struck out in its entirety and (b) estimate the surrounded by one set of incremental cost or savings brackets. and incremental compliance (c) The division shall cost in dqllars, except as not publish repealed rules otherwise provided in unless space is available Subsections R15-4-10(4) and within the page limits of the (5) ; bulletin. (4) 

## When an agency fails to mark a change as described in this section, the director or his designee may refuse to codify the change

. When determining whether or not to codify an unmarked change, the director shall consider : (a) whether the unmarked change is substantive or nonsubstantive; and (b) if the purpose of pvblic notification has been**a~equately** 

## served. (5) The director ' s**r~fusal** 

## to codify an unmarked change means that the change is not operative for the purposes of Section 638-3-701 and that the agency must comply with regular rulemaking procedures to make the change. (c) indicate that amount is either a cost savings; and (d) 

## estimate the or a the incremental cost or savings expected to accrue to "state budgets, " "local governments, " "small businesses," and "persons other than small businesses, businesses, or local governmental entities" as aggregated cost or savings; (2) In addition, an agency may: (a) provide a narrative description 6f anticipated cost or savings, and compliance cost; (b) compare anticipated cost or savings , and compliance cost figures, for the rule or change to : (i) current budgeted costs associated with the Rl5-4-10. Estimates of 

## existing rule, Anticipated Cost or Savings, (

## ii) figures reported on and Compliance Cost. 

## a fiscal note attached to a (1) Pursuant to related legislative bill, or Subsections 638-3-301 (3), 63G- (iii) both (i) and (ii). 3-303 (1) , 638-3-304 (2), and (3) If an agency chooses 53C-1-201(3), when an agency to provide comparison figures, files a proposed rule, change it shall clearly distinguish in proposed rule, 120-day comparison figures from the (emergency) rule, or expedited anticipated cost or savings, rule and provides anticipated and compliance cost figures. cost or savings, and (4) If dollar estimates compliance cost information in are unknown or not available, August 1, 2009 Utah Administrative Code

- 11

-

## Administrative or the obtaining thereof would impose a substantial unbudgeted hardship on the agency, the agency may substitute a reasoned narrative description of costrelated actions required by the rule or change, and explain the reason or reasons for the substitution

. (5) If no cost, savings, or compliance cost is associated with the rule or change, an agency may enter ''none," "no impact," or similar words in the rule analysis followed by a written explanation of how the agency estimated that there would be no impact, or how the proposed rule, or changes made to an existing rule does not apply to "state budgets," "local government," " small businesses," "persons other than small businesses, businesses, or local governmental entities," or any combination of these

. (6) If an agency does not provide an estimate of cost, savings, compliance cost, or a reasoned narrative description of cost information; or a written explanation as part of the rule analysis in compliance with this section, the Division may, after making an attempt to obtain the required information, refuse to register and publish the rule or change. If the Division refuses to register and publish a rule or change, it shall : (a) return the rule or change to the agency with a notice indicating that the Division has refused to register and publish the rule Services (b) identify the reason or reasons why the Division refused to register and publish the rule or change; and (c) indicate the filing deadlines for the next issue of the Bulletin.
KEY: administrative law Date of Enactment or Last Substantive Amendment: August 24, 2007 Notice of Continuation: September 29, 2005 Authorizing, and Implemented . or Interpreted Law: 63-46a1063G
- 3-301; 63-46a-463G-3
- 303; 63-46a-663G-3-304; 63G-3- 402 Rl5-5. Administrative Rules Adjudicative Proceedings. Rl5
- 5-1. Purpose. 

## (1) This rule provides the procedures for informal adjudicative proceedings governing: (a) appeal and review of a decision by the division not to publish an agency's proposed rule or · rule change or not to register an agency ' s notice of effective date; and (b) a determination by the division whether an agency rule meets the procedural requirements of Title 63G, Chapter 3, the Utah Administrative Rulemaking Act. (2) · The informal procedures of this rule apply to all other division actions for which an adjudicative proceeding may be required.
Rl5
- 5
- 2. Authori ty . 

## This rule is required by Sections 63G-4-202 and 63G-4- 203, and is enacted under the authority of Subsection 63G-3- 402 (1) (m) and Sections 63G-4- or change; August 1, 2009 Utah Administrative Code

- 12

-

## Administrative Services 202, 638-4-203, and 638-4-503. director.
R15-5-3
. Definitions. 

## ( 1) The terms used in this rule are defined Section 638-4-103

. in (2) In addition, "digest" means the Utah State Digest which summarizes the content of the bulletin as required under Subsection 638- 3-402 (1) (f)
R15
- 5-4. Refusal 

## to Publish or Register a Rule or Rule Change
. 

## (1) The division shall not publish a proposed rule or rule change when the division determines the agency has not met the requirements of Title 638, Chapter 3, or of Rules R15-3 or R15-4. (2) The division shall not register an agency's notice of effective date , nor**co~ify** 

## the rule or rule change in the Utah Administrative Code, if the agency exceeds the 120-day limit required by Subsection 638-3-301 (6) (a) as interpreted in Section R15-4- 5. 

## (3) The division shall notify the agency of a refusal to publish or register a rule or rule change, and shall advise and assist the agency in correcting any error or omission, and in re-filing to meet statutory and regulatory criteria

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

## (1) An 

## agency may request a review of a division refusal to publish or register (2) The division director shall grant or deny the petition within 20 days, and respond in writing giving the reasons for any denial

. (3) The agency may appeal the decision of the division director by filing a written appeal to the Executive Director of the Department of Administrative Services within 20 days of receipt of the division director's decision

. The Executive Director shall respond within 20 days affirming or reversing the division director ' s decision.
R15
- 5
- 6. Determining the Procedural Validity of a Rule. 

## (1) A person may contest · the procedural validity, or request a determination of whether a rule meets the requirements of Title 638, Chapter 3, by filing a written petition with the division. (a) The rule at issue may be a proposed rule or an effective rule. (b) The petition must be received by the division within the two-year limit set by Section 638-3-603

. (c) The petition may emanate from a rulemaking hearing as in Section R15-1-8. (d) The petition shall specify the rule or rule change at issue and reasons why the petitioner deems it procedurally flawed or invalid. (e) The petition shall be accompanied by any documents the division should consider in reaching its decision. (f) 

## a rule or rule change by filing a written petition for review with the division be August 1, 2009 Utah Administrative signed Code The petition shall and designate a

- 13

-

## Administrative Services telephone numher where the registered promptly. petitioneF can be contacted during regular business hours. (2) The division shall respond to the petition in writing within 20 days of its receipt. (a) The division shall research all records pertaining to the rule or rule change at issue. (b) The response of the division shall state whether the rule is procedurally valid or invalid and how the agency may remedy any defect

. (c) The division shall send a copy of the petition and its response to the pertinent agency. (3) 

## The petitioner may request reconsideration of the division', s 

## findings by filing a
. written request for reconsideration with the division· director

. '

. (a) 

## The director may respond · ·.to the request writing

. in (b) If the petitioner receives no response within 20 days, the request is denied.
R15-5-7. Remedies Resulting from an Adjudicative Proceeding. 

## (1) A rule the division determines is procedurally invalid shall be stricken from the Utah Administrative Code and notice of its deletion published in the next issues of the bulletin and digest. (2) The division shall notify the pertinent agency and assist the agency in refiling or otherwise remedying the procedural omission or error in the rule

. (3) A rule the division determines is procedurally valid shall be published and KEY: administrative procedures, administrative law Date of Enactment or Last Substantive Amendment: June 1, 1996 Notice of Continuation: September 

## 29, 2005 Authorizing, and Implemented or Interpreted Law: 63G-3- 402; 63G-4-202; 63G-4-203; 63G-4 ..:. 503



## August 1, 2009 Utah Administrative Code

- 14

-

# Proposed Rule

### DAR File No. 32042

IN ERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE Y SU ITIING WRITIEN COMMENTS TO THE ADDRESS ABOVE NO TER THA 5 :00PM on 12/01/2008

.

BY: Carol Lear, Director,



### R277-606-2. Authority and rpose. A

. This rule is authoriz d by Utah Constitution Article X, Section 3 which vests gener ontrol and supervision of public education in the Board, Sec on 3A-l-40I (3) which pennits the Board to adopt rules in ace dane with its responsibilities , and by Section 41-6a-1308 whi h dire ts the Board[ to use the



### R277-606-3. S te Board ofEducation Grants d 

### Timelines. A. The U OE acting on behalf ofthe Board s all provide an electronic ap ication for grants under Section 41 6a-1308 and R277-606 dir cted to school districts. B

. Th USOE shall work closely with the Utah ivision of Environrne a! Quality (DEQ) in developing the applicatJ n for state funds

. 

### [



### .**~** 

### --!}] 

### The USOE in consultation with the DEQ shall select grant a plicants based on : ( ) availability and stability ofmatching funds;

) district support for improving school buses and maintaining ervicing the improvements; (3) geographic and district-size diversity of applicants; and

UTAH STATE B ULLETIN, 

### November I, 2008, Vol. 2008 , No. 21 

## --t;m_. chool district applicants shall agree participate in all nand reporting requirements established 13 the USOE and consistent with the purposes of Section 41- -1308.


### Y: school buses, retrofit,**purchase~,** 

### grants ate of Enactment or Last Substantive Amendment: [August 

### +,]2008 Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 41-6a-1308 

# ·----------------· Environmental Quality, Air Quality 

# R307-405-2 Applicability

NOTICE OF PROPOSED RULE (Amendment) DAR FILE No .: 32042 FILED: 10/14/2008, 09:21


### RULE ANALYSIS PURPOSE OF THE RULE OR REASON FOR THE CHANGE : This rule change updates the version of 40 CFR that is incorporated in Rule R307-405. The federal Prevention of Significant Deterioration (PSD) permitting program in 40 CFR 52

.21 is incorporated by reference in Rule R307-405

. Two amendments have been made to 40 CFR 52

.21 since 07/01/2007, the current incorporated version.
SUMMARY OF THE RULE OR CHANGE: Updates the incorporation by reference of the 40 CFR to 07/01/2008

. Changes to 40 CFR 52

.21 include the exclusion of ethanol production facilities from the definition of chemical process plants, and a clarification in the record keeping requirements for a modification where there is a "reasonable possibility" that the change would result in a significant increase of any regulated New Source Review (NSR) pollutant.
STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS RULE : Section 19-2-104

### NOTICES OF PROPOSED RULES

THIS RULE OR CH AN

GE INCORPORATES B Y REFERENCE THE FOLLOWING MATERIAL : 40 CFR 52

.21
ANTICIPATED COST OR SAVINGS TO: •:• THE STATE BUDGET : No cost or savings are anticipated with this rule change

. No new requirements were created with this rule change. •:• LOCAL GOVERNMENTS : No cost or savings are anticipated with this rule change

. No new requirements were created with this rule change. •:• SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES : Small Business : No cost or savings are anticipated with this rule change

. No new requirements were created with this rule change

. Other Persons : A possible savings may accrue due to the removal of ethanol production facilities from the definition of chemical process , which will remove ethanol production facilities from the PSD permitting program

. COMPLIANCE COSTS FOR AFFECTED PERSONS : No COSt is anticipated with this rule change

. No new requirements were created with this rule change

. COMMENTS B YTHE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES : No cost is anticipated with this rule change

. No new requirements were created with this rule change

. A possible savings may accrue due to the**remov~l** of ethanol production facilities from the definition of chemical process , which will remove ethanol production facilities from the PSD permitting program

. Rick Sprott, Executive Director
THE FULL TEXT OF THIS RULE MAY BE INSPECTED , DURING REGULAR BUSINESS HOURS , AT : ENVIRONMENTAL QUALITY AIR QUALITY 150 N 1950 W SALT LAKE CITY UT 84116-3085, or at the Division of Administrative Rules

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

.gov
INTERESTED PERSONS MAY PRESENTTHEIRVIEWS ON THIS RULE BY SUBMITTING WRITIEN COMMENTS TO THE ADDRESS ABOVE NO LATER THAN 5 :00PM on 12/01/2008

. THIS RULE MAY BECOME EFFECTIVE ON : 01/07/2009
AUTHORIZED B Y: Bryce Bird , Planning Branch Manager



### R307. Environmental Quality, Air Quality. R307-405. Permits: Major Sources in Attainment or Unclassified Areas (PSD). R307-405-2

. Applicability. (I) All references to 40 CFR in R307-405 shall mean the version that is in effect on July I ,**200~(-1] .** 



### 34 DAR File No

. 32028

(2) The provisions of40 CFR 52

.21 (a)(2) are hereby incorporated by reference

. (3) Notwithstanding the exemptions in R307-40I , any source that is subj ect to R307-405 is subj ect to the requirement to obtain an approval order in R307-401 -5 through 8.


### KEY: air pollution, PSD, Class I area
_ Date ofEnactment or Last Substantive Amendment: [January 11,**~]2009** 

### Notice ofContinuation: July 13, 2007 Authorizing, and Implemented or Interpreted Law: 19-2-104 

# ·----------------· nvironmental Quality, Drinking Water 

# R309-700 Fi ncial Assistance: State D 1nking Wate Project Revolving Loan
NOTICE OF PROPOSED R (Amendment) DAR FILE No .: 3202 FILED : 10/13/2008 , 09 18

PURPOSE OF THE ULE OR REASON OR THE CHANGE : The purpose of this rule hange is to: 1 dd changes to the State SRF (State Revolvi g Fund) pr ram made by the State Legislature in 2007 (

. B

. 99) w ch amended Sections 73- 10c-2 , 73-10c-4 , 73- Oc-4

.5, nd 73-10c-5 and enacted Section 73-1 Oc-1 0 ; 2) m ke the ule more consistent with Rule R309-705 (Federal SRF rogr m); 3) clarify rule language ; 4) modify the point system e to determine the terms of the loan; and 5) update and rect terminology and grammar

. (DAR NOTES : H

. B. 99 (20 ) is found at Chapter 142, Laws of Utah 2007, and was e c ·ve 04/30/2007

. The proposed amendment to Rule R30 -70 ·sunder DAR No. 32029 in this issue , November 1, 200 , of th Bulletin

.)
SUMMARY OF THE RULE RCHANGE

. This will allow the Division of Drinking Water to i prove com ·ance with Title R309 rules and better help prot ct the public a ainst water borne health risks through fun ing of studies, planning, educational activities , and de ign of facilities

. he changes will also encourage and omote regionalizati n of water system in order to improv their financial, man erial , and technical capabilities to rve their customers

. STATE STATUT. RY OR CONSTITUTIONAL AUTH RIZATION FOR THIS RULE: Secti ns 19-4-104 , 638-4-202 , and uitle 73 , Chapter 10c
ANTICIPA D COST OR SAVINGS TO : •:• THE ATE BUDGET : These changes are not nticipated to affect t estate cost of administering the state lo n program

. The ange will allow the state to charge the tate SRF**prog~** m a loan origination fee to those systems orrowing fun

. There will be a sl ight cost savings because the state

UTAH STATE B ULLETIN, 

### November 

### I , 2008, Vol. 2008, No. 21

### NOTICES OF PROPOSED RULES**te-tfie-'H!FEle-'l~ea~'-IHiffitaltffi~+ru~Rffi¢.4#i.m-)Reparations** 

### Officers**re¥ttW.~tteflllltt~;-€jr€l:tms<~oes--eH]** 

### claims that have e Year Limitation rule ifextenuating



# • Environmental Quality, Air Quali 

# R307-101-3 Version of Code of Federal Regulations Incorporated by Reference
NOTICE OF PROPOSED RULE 

### (Amendment) DAR ,FILE No .: 32351 FILED : 02/03/2009, 16 :25
RULE ANALYSIS 

### PURPOSE OF THE RULE OR REASON FOR THE CHANGE: Section R307-101-3 incorporates by reference the current Code of Federal Regulations (CFR) used in a majority of rules adopted by the Air Quality Board (AQB)

. This allows rules that reference Section R307-101-3 to update the incorporation date with only one rule amendment. The most current version of the CFR for environmental regulations has

### be~n updated from 07/01/2007 to 07/01/2008 ; therefore it is necessary to change Section R307-101-3

. SUMMARYOF THE RULE OR CHANGE: Below is a list of changes to 40 CFR from 07/01/2007 to 07/01/2008 that affect rules which reference Section R307-101-3

. 09/07/2007 (Volume 72 , Number 173) : Two Optional Methods for Relative Accuracy Test Audits of Mercury Monitoring Systems Installed on Combustion Flue Gas Streams and Several Amendments to Related Mercury Monitoring Provisions

. This action approved two optional mercury (Hg) emissions test methods for potential use in conjunction with an existing regulatory requirement for Hg emissions monitoring, as well as several revisions to the Hg monitoring provisions themselves. This action was in regard to the testing and monitoring requirements for Hg specified in the Federal Register on 05/18/2005

. This action allowed the use ofthese two optional methods entirely at the discretion of the owner or operator of an affected emission source in place of the two currently specified methods

. This direct final rule also amended Performance Specification 12A by adding Methods 30A and



### 8 DAR File No. 32351



### 30B to the list of reference methods acceptable for measuring Hg concentration and the Hg monitoring provisions of 05/ 18/2005 , to reflect technical insights since gained by EPA which will help to facilitate implementation including clarification and increased regulatory flexibility for affected sources

. The definition of "sorbent trap monitoring system" in Section 72

.2 was revised. 09/28/2007 (Volume 72 , Number 188) : Correction of Two Optional Methods for Relative Accuracy Test Audits of Mercury Monitoring Systems Installed on Combustion Flue Gas Streams and Several Amendments to Related Mercury Monitoring Provisions

. This action corrected minor errors in a final rule published 09/07/2007 (Volume 72 , Number 173 , Page 51501 )

. 05/22/2008 (Volume 73 , Number 100) : Update of Continuous Instrumental Test Methods : Technical Amendments. This action corrected errors in a final rule published 05/15/2006 which updated five continuous instrumental test methods

. As published , the rule contained errors and provisions that needed to be clarified

. EPA published a direct final rule with a parallel proposed rule on 09/07/2007 to correct the errors and add clarifying language

. However, adverse comments where received on the direct final rule and it was withdrawn on 11/05/2007

. This action finalized the parallel proposal. In this final rule , EPA corrected errors , clarified certain provisions , and responded to the adverse comments received on the direct final rule published on 09/07/2007

. 10/19/2007 (Vol. 72, No

. 202) : Revisions to Definition of Cogeneration Unit in Clean Air Interstate Rule (CAIR), CAIR Federal Implementation Plans , Clean Air Mercury Rule (CAMR); and Technical Corrections to CAIR , CAIR FIPs , CAMR , and Acid Rain Program Rules. Section 60.4102 was amended as follows : a

. Added , in alphabetical order, a new definition of "Biomass"; b

. In the definition of "Cogeneration unit," removed the period at the end of paragraph (2)(ii) and added in its place a semicolon and added a new paragraph (3); and c

. Added a sentence at**t~e ~nd**  

### ofthe definition of "Total energy input." The authority c1tat1on for Part 72 was revised to read as follows : Authority : 42 U

.S.C. 7601 and 7651 et seq

. Section 72.24 was amended in paragraph (a)(9) , introductory text, by removing the words "life-of-the-unit, firm power contractual arrangements" and adding in their place the words "a life-ofthe-unit, firm power contractual arrangement." 01/24/2008 (Vol. 73, No

. 16) : Revisions to the Continuous Emissions Monitoring Rule for the Acid Rain Program, NOX Budget Trading Program , Clean Air Interstate Rule , and the Clean Air Mercury Rule

. EPA finalized rule revisions that modified existing requirements for sources affected by the federally administered emission trading programs including the NOX Budget Trading Program , the Acid Rain Program, the Clean Air Interstate Rule , and the Clean Air Mercury Rule

. The**~evisions** 

### where prompted primarily by changes being Implemented by EPA's Clean Air Markets Division in its data systems in order to utilize the latest modern technology for the submittal of data by affected sources

. Other revisions**~ddressed** 

### _ issues that where raised during program 1mplementat1on , fixed specific inconsistencies in rule provisions , or updated sources incorporated by reference

. These revisions did not impose significant new requirements on sources with regard to monitoring or quality assurance activities

. Section 93

. 101 was amended as follows: a. Revised the definitions for "Metropolitan planning organization

UrAHSTATEBVLLETIN, 

### March I , 2009, Vol. 2009 , No

. 5

### DAR File No

. 32350
(MPO)" and "Transportation improvement program (TIP)" ; and b

. Revised the first sentence of the definition for "Transportation control measure (TCM)

. " Section 72

.2 was amended as follows : a

. Revised the definition of "Capacity factor ; " b

. In the definition of "Diluent cap ", removed the words "C02 mass emission rate , or heat input rate" after the words "NOX emission rate" ; c

. In the definition of "EPA protocol gas" , added a new sentence to the end of the definition ; d

. Revised the definition of "Excepted monitoring system" ; e

. Added the new definitions in alphabetical order for "Air Emission Testing Body (AETB)", "EPA Protocol Gas Verification Program" , "Long-term cold storage", "NIST traceable elemental Hg standards" , "N IST traceable source of oxidized Hg"

. " Qualified
t Individual" , and "Specialty gas producer" ; and f

. Removed the

definition for "Research gas material (RGM)". 02/13/2008 (Vol. 73 , No

. 30) : Correction: Revisions to the Continuous Emissions Monitoring Rule for the Acid Rain Program , NOX Budget Trading Program , Clean Air Interstate Rule , and the Clean Air Mercury Rule

. Part 75 Appendix F Eq

. (F-8) was corrected

. STATE STATU TORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS RULE : Subsection 19-2-1 04(1 )(a)
THIS RULE OR CHANGE IN C ORPORATES B Y REFERENCE THE FO LLOWIN G MATERI AL: 40 CFR, July 1 , 2008 , edition
ANT ICI PATED COST OR SAVINGS TO : •:• THE STATE BUDGET : Because these revisions do not create new requirements, no change in costs is expected for the state budget. ·:· LOCAL GOVERNMENTS : Because this revision does not create new requirements , no change in costs is expected for local governments

. •:• SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES : Small Businesses : Because this revision does not create new requirements , no change in costs is expected for small businesses. Other Persons : Because this revision does not create new requirements , no change in costs is expected for other persons.
COMPLIANCE COSTS FOR AFFECTED PERSONS : Because this revision does not create new requirements , no change in costs is expected for affected persons

. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES : This amendment does not create new requirements

. Therefore, no additional costs are expected

. Bill Sinclair, Acting Executive Director
T HE FULL TEX TOF THIS RULE MAY BE INSPECTED , DURING REGULAR BU SINESS HOURS, AT : ENVIRONMENTAL QUALITY AIR QUALITY 150 N 1950 

### W SALT LAKE CITY UT 84116

-3085 , or at the Division of Administrative Rules

.

UTAH S TATE B ULLETIN, 

### March I , 2009 , Vol. 2009, No

. 5 NOTICES OF PROPOSED RULES

D IRECT QUESTIONS REGARDING THIS RULE TO : Kimberly Kreykes at the above address, by phone at 801-536- 4042 , by FAX at 801-536-4099 , or by Internet E-mail a kkreykes@utah

.gov
INTERE STE D PERSONS MAY PRESENTTHEIRVIEWS ON THIS RULE B Y SUBMITIING WRITIEN COMMENTS TO THE ADDRESS ABOVE NO LATER THAN 5 :00PM on 03/31/2009

. THIS RULE MAY BECOME EFFE C TIVE ON : 05/06/2 009
AUTHORIZE D B Y: Bryce Bird , Planning Branch Manager



### R307. Environmental Quality, Air Quality. R307-101. General Requirements. R307-101-3. Version ofCode ofFederal Regulations Incorporated by Reference. Except as specifically identified in an individual rule, the version of the Code of Federal Regulations (CFR) incorporated throughout R307 is dated July I ,**200[1]~.** 

### KEY: air pollution, definitions Date ofEnactment orLast Substantive Amendment: [Februaf1 ' 8,**~]2009** 

### Notice of Continuation: February 8, 2008 Authorizing, and Implemented orInterpreted Law: 19-2-104(1)(a)



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

# vironmental Quality, Air Quality 

# R307-840 ased Paint Accredit

tion and Work P Standards 

# •

OR REASON OR THE CHANGE : Section R307-1 01-3 conta· s the incorporati date for many of Utah's Division of Air Quality (UDAQ) r es

. Rule R307-840 references S ion R307-1 01-3 for its i orporation date of 40 CFR (Cod f Federal Regulations)

. D to issues with the 07/01/20 , version of 40 CFR , the eft tive date of the docu nt incorporated by reference n ds to remain 07/ 

### 12007

. (bAR NOTE : the proposed endment to S ction R307-101-3 is under DAR No

. 32351 in this issue ,

arch 1 , 2008 , of the Bulletin

.)

### NOTICES OF PROPOSED RULES

i v) extraordinary cooperation in the violation inv show the licensee or pennittee and the officer, emplo the lie see or pennittee accepts responsibility ; and (v) there was no evidence that the investigaf was based on complain received or on observed misconduct / others , but was based solei on the investigating authority creaf he opportunity for
a violation. 

### I. (b) Exa les ofaggravatmg CJrcumstan, (i) prior w ings about compliance pro !ems ; (ii) prior vio tion history ; (iii) lack of ·tten policies govemin employee conduct; (iv) multiple vi ations during the c urse ofthe investigation; (v) efforts to con at a violation; (vi) intentional na ofthe viol ion; (vii) the violation inv ved mor ·than one patron or employee ; (viii) the violation inv ved a ·nor and, if so, the age of the minor; and (ix) 

### whether the violation r s !ted in injury or death. (6) Violation Grid. Any posed substantive change to the
violation grid that would establis or djust the degree ofseriousness of a violation shall require rulema gin ompliance with title 630-3 , the Utah Administrative Rulemaki g Act. violation grid describing each violation ofthe alcoholic bev rage contr !laws, the statutory and rule reference, and the degree o seriousness o each violation is available for public inspection in the epartment's adi inistrative office. A copy will be provided upon quest at reproduc
·on cost. It 

### is entitled "Alcoholic Beverage Control Commiss n Violation Grid"**([~)2008** 

### edition) d is incorporated by re renee as part ofthis rule

. 

### KEY: alcoholic everages Date ofEnact nt or Last Substantive Amendm Notice ofCon nuation: August 31, 2006 Authorizing, nd Implemented or Interpreted Law · 32A-1-107; 32A-1-119( (c); 32A-1-702; 37-1-703; 32A-1-704; 32A -807; 32A3-103(1)( ; 32A-4-103(l)(a); 32A-4-106(1)(a); 32A 03(l)(a); 32A-4-3 (l)(a); 32A-4-307(1)(a); 32A-4-401(1)(a); 32A-5- 103(1) ; 32A-6-103(2)(a); 32A-7-103(2)(a); 32A-7-106(5), 2A-8- 103(1 a); 32A-8-503(1)(a); 32A-9-103(l)(a); 32A-10-203 )(a); 32 0-206(14); 32A-10-303(1)(a); 32A-10-306(5); 32 11- 10 l)(a)


# .

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

# .

Environmental Quality, Air Quality 

# R307-101-2 Definitions

NOTICE OF PROPOSED RULE (Amendment) DAR FILE No.: 32458 FILED : 03/23/2009 , 14:47
RULE ANALYSIS PURPOSE OF THE RULE OR REASON FOR THE CHANGE : This rule change updates the version of Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices referenced in several definitions in Section



### 6 DAR File No. 3245 8

R307-101-2 to the most recent version

. All references to Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices need to be consistent and up-to-date to ensure that the most recently published Threshold Limit Values constitute the basis of regulatory actions and requirements

. · SUMMARY OF THE RULE OR CHANGE : The following definitions in Section R307-101-2 are established by reference : "Acute Hazardous Air Pollutant , " "Carcinogenic Hazardous Air Pollutant,""Chronic Hazardous Air Pollutant , ""Threshold Limit Value- Ceiling (TLV-C) , " and "Threshold Limit Value- Time Weighted Average (TLV-TWA)

." This rule change updates the version date of the referenced document to the most current American Conference of Governmental Industrial Hygienists publication of Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices

. STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS RULE : Subsection 19-2-104(1)(a)
THIS RULE OR CHANGE INCORPORATES BY REFERENCE THE FOLLOWING MATERIAL : American Conference of Governmental Industrial Hygienists publication of "Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices, 2009"
ANTICIPATED COST OR SAVINGS TO: 

### •!• THE STATE BUDGET : Because these revisions do not create any new requirements , no change in costs is expected for the state budget. 

### •!• LOCAL GOVERNMENTS : Because this revision does not create any new requirements, no change in costs is expected for local governments. 

### •!• SMALL BUSINESSES AND PERSONS OTHER THAN BUSINESSES: Small Businesses : Because this revision does not create any new requirements , no change in costs is expected for small businesses

. Other Persons: Because this revision does not create any new requirements , no change in costs is expected for other persons

. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because this revision does not create any new requirements, no change in costs is expected for affected persons.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES : This amendment does not create new requirements. Therefore , no additional costs are expected. William Sinclair, Acting Executive Director
THE FULL TEXT OF THIS RULE MAY BE INSPECTED , DURING REGULAR BUSINESS HOURS, AT : ENVIRONMENTAL QUALITY AIR QUALITY 150 N 1950 W SALT LAKE CITY UT 84116-3085, or at the Division of Administrative Rules.

UrAH STATE B ULLETIN, 

### April IS , 2009 , Vol. 2009 , No
. 8

### DAR File No. 32458



### DIRECT QUESTIONS REGARDING THIS RULE TO : Kimberly Kreykes at the above address, by phone at 801-536- 4042, by 

### FAX at 801-536-4099 , or by Internet E-mail at kkreykes@utah

.gov INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITIING WRITIEN COMMENTS TO THE ADDRESS ABOVE NO LATER THAN 5 :00PM on 05/15/2009

. THIS RULE MAY BECOME EFFECTIVE ON : 06/03/2009
AUTHORIZED BY: Bryce Bird , Planning Branch Manager



### R307. Environmental Quality, Air Quality. R307-101. General Requirements. R307-101-2. Definitions. Except where specified in individual rules , definitions in R307- l 0l-2 are applicable to all rules adopted by the Air Quality Board: "Actual Emissions" means the actual rate of emissions of a pollutant from an emissions unit detennined as follows: 

### (I) In general, actual emissions as ofa particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a two-year period which precedes the particular date and which is representative of normal source operations. The Executive Secretary shall allow the use ofa different time period upon a detennination that it is more representative of normal source operation

. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period

. (2) The Executive Secretary may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions ofthe unit. (3) For any emission unit, other than an electric utility steam generating unit specified in ( 4), which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit ofthe unit'on that date

. (4) For an electric utility steam generating unit (other than a new unit or the replacement ofan existing unit) actual emissions ofthe unit following the physical or operational change shall equal the representative actual annual emissions ofthe unit, provided the source owner or operator maintains and submits to the executive secretary, on an annual basis for a period of 5 years from the date the unit resumes regular operation, information demonstrating that the physical or operational change did not result in an emissions increase. A longer period, not to exceed 10 years, may be required by the executive secretary ifthe executive secretary determines such a period to 

### be more representative ofnonnal source post-change operations. "Acute Hazardous Air Pollutant" means any noncarcinogenic hazardous air pollutant for which a threshold limit val ue
- ceiling (TLV

-C) has been adopted by the American Conference of Governmental Industrial Hygienists (ACGIH) in its "Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices, (200.2(+])." "Air Contaminant" means any particulate matter or any gas, vapor, suspended solid or any combination ofthem, excluding steam and water vapors (Section 19-2-1 02(1 ))

. "Air Contaminant Source" means any and all sources ofemission of air contaminants whether privately or publicly owned or operated (Section 19-2-1 02(2)).

UTAH ST ATEBULLETI N, 

### Aprill5, 2009 , Vol. 2009, No.8 NOTICES OF PROPOSED RULES

"Air Pollution" means the presence in the ambient air of one or more air contaminants in such quantities and duration and under conditions and circumstances, as is or tends to be injurious to hum health or welfare, animal or plant life, or property, or would umeasonably interfere with the enjoyment oflife or use ofproperty as determined by the standards, rules and regulations adopted by the Air Quality Board (Section 19-2-104). "Allowable Emissions" means the emission rate of a source calculated using the maximum rated capacity ofthe source (unless the source is subject to enforceable limits which restrict the operating rate, or hours ofoperation, or both) and the emission limitation established pursuant to R307-401-8. "Ambient Air" means the surrounding or outside air (Section 19- 2-102(4)). "Appropriate Authority" means the goveming body of any city, town or county

. "Atmosphere" means the air that envelops or surrounds the earth and includes all space outside ofbuildings, stacks or exterior ducts. "Authorized Local Authority" means a city, county, city

-county or district health department; a city, county or combination fire department; or other local agency duly designated by appropriate authority, with approval ofthe state Department ofHealth; and other lawfully adopted ordinances , codes or regulations not in conflict therewith. "Board" means Air Quality Board. See Section 19-2-102(6)(a)

. "Breakdown" means any malfunction or procedural error, to include but not limited to any malfunction or procedural error during start-up and shutdown, which will result in the inoperability or sudden loss of performance of the control equipment or process equipment causing emissions in excess ofthose allowed by approval order or Title R307

. '"BTU" means British Thennal Unit, the quantity ofheatnecessa!')l to raise the temperature ofone pound ofwater one degree Fahrenheit. "Calibration Drift" means the change in the instrument meter readout over a stated period of time of normal continuous operation when the VOC concentration at the time ofmeasurement is the same known upscale value. "Carbon Adsorption System" means a device containing adsorbent material (e

.g., activated carbon, almninum, silica gel), an inlet and outlet for exhaust gases , and a system for the proper disposal
or reuse ofall VOC adsorbed. "Carcinogenic Hazardous Air Pollutant" means any hazardous air pollutant that is classified as a known human carcinogen (AI) or suspected human carcinogen (A2) by the American Conference of Governmental Industrial Hygienists (ACGIH) in its "Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices, (200.2[+])." "Chargeable Pollutant" means any regulated air pollutant except the following: 

### (I) Carbon monoxide; (2) Any pollutant that is a regulated air pollutant solely because it is a Class I or II substance subject to a standard promulgated or established by Title VI ofthe Act, Stratospheric Ozone Protection; (3) Any pollutant that is a regulated air pollutant solely because it is subject to a standard or regulation under Section 112(r) ofthe Act, Prevention ofAccidental Releases

. "Chronic Hazardous Air Pollutant" means any noncarcinogenic hazardous air pollutant for which a threshold limit value

- time weighted average (TLV-TWA) having no threshold limit value

- ceiling (TLV-C) has been adopted by the American Conference of Governmental Industrial Hygienists (ACGIH) in its "Threshold Limit

7NOTICES OF PROPOSED RULES

Values for Chemical Substances and Physical Agents and Biological Exposure Indices , (2002[+])

. "

"Clean Air Act" means federal Clean Air Act as amended in 1990

.

"Threshold Limit Value

- Ceiling (TLV

-C)" means the airborne concentration ofa substance which may not be exceeded, as adopted by the American Conference ofGovernmental Industrial Hygienists in its "Threshold Limit Values for Chemical Substances and Physical Agents and B iological Exposure Indices, [pages 15 72 ] (2002[G])." "Threshold Limit Val ue -TimeWeighted Average (TL V-TWA)"
means the time

-weighted airborne concentration ofa substance adopted by the American Conference ofGovernmental Industrial Hygienists in its "Threshold Lim it Values for Chemical Sub stances a nd Physical Agents and Biological Exposure Indices, [pages 15 72 ] (2002[G])

." "Total Suspended Particulate (TSP)" means minute separate particles ofmatter, collected by high volume sa mpler. "Toxic Screening Level" means an ambient concentration ofan air contaminant equal to a threshold limit value - ceiling (TLV- C) or threshold limit value

-time weighted average (TL V-TWA) divided by a safety factor. "Trash" means solids not considered to be highly flammable or explosive including, but not limited to clothing, rags, leather, plastic, rubber, floor coverings, excelsior, tree leaves, yard trimmings and other similar materials

. "Volatile Organic Compound (VOC)" means VOC as defined in 40 CFR 51.1 OO(s)(l), effective as ofthe date referenced inR307- 10 1-3 , is hereby adopted and incorporated by reference

. "Waste" means all solid, liquid or gaseous material, including, but not limited to, garbage, trash, household refuse, construction or demolition debris, or other refuse including that resulting from the prosecution ofany business , trade or industry

. "Zero Drift" means the change in the instrument meter readout over a stated period oftime ofnonnal continuous operation when the VOC concentration at t he time ofmeasurement is zero.


### KEY: air pollution, definitions Date ofEnactment orLast Substantive Amendment: [Felmuu·y 8,**~]2009** 

### Notice ofContinuation: February 8, 2008 Authorizing, and Implemented orInterpreted Law : 19-2-104(1)(a)



# .

---------------. ironmental Quality, Water ality 

# R317-101-2

PUR P OSE OF RULE OR REASON FO THE CHANGE: The proposed c nge is being made to bri ng tti Utah Wastewater s istance Program rules into conformance with the



### 8 add ional subsid ization funding requ i rements of the Rec ery and Re investment Act of 2009 (ARRA).
S UMMA YOF TH ERULE OR CHANGE: The proposed C a defi ni n fo r the term " p ri n ci pal fo rgiveness"

. STATE S T

.t>; UTORY OR CONSTITUTIONAL AUTHOR ! RULE: Sec ·on 19-5-105
A N TIC IPA TED OST OR SAVINGS TO: D

GET: There are no anticip state budget. he proposed rule will be · existing resources

. eri can



### •!• L OCAL GOVERNMENTS: Local gover ents receiving an authorization through ARRA may bene t from a cost savings u p to 50 % of the pri nci pal loan amoun

. ARRA requires that 50 % of funds be a arded as additi nal subs idization (i. e

. , grant , principa l forgiveness , or nega ve interest). 

### •!• SM ALL BUSIN ESS ES 1\N D PERS ONS TH ER THAN BU SI NESS E S: The p roposed chan g,e applies only to pub l icly-owned treatment works receiving an autho ization through ARRA

. No direct costs or sav ings

### ~ small b sinesses or other person s are anticipated

. COM PLIANCE COSTS FOR A EC ED PER SONS : The proposed change enables local gove nts receiving an authorization through ARRA to benefit fro a cost savings of up to 50 % of the principal loan amount. T re are no additional compl iance costs associated with the c a ge

.

RUL E MAY HAVEON BUSIN E ES: to publicly-owned treat through ARRA

. No anticipated

. Wi lli am 

## s· are

ECTED, DUR ING REGULAR BUSINESS HOU RS , A T ENVIRON ME TAL QUALITY WATERQU ITY CANNON H ALTH BLDG 288 N 146 W SALT 

### LA CITY UT 84116

- 3231 , o at the Di sion of Administrative Rules
D IRE C T QUE IONS REGARD ING THI S RU LE TO : Dave Wh at the above address , by pho 6052 , by AX at 801-538-6016 , or by lnte et E-mail at dwham utah

.gov
INTER E TED PERSONS M A

Y PRESENT THEI RVI EWS ON HIS RU LE B Y SUB MI lNG W RITTEN COMME N TSTO TH EADDRE SSABO THAN :00 PM on 05/ 15/2009

. 05/22/2009
A HORIZE D BY: Wa lter Baker, Director

U TAH ST ATEB U LLETI N, April 15, 2009 , Vol. 2009, No

. 8

# Hearing

## A public comment period was held for R307-405-2, November 1- December 1, 2008. A hearing was not requested

. A public comment period was held for R307-101-3 , March 1

- 31 , 2009

. A hearing was not requested.
A public comment period was held for R307-101-2, April15- May 15, 2009. A hearing was not requested.

# State ofUtah

JON M. HUNTSMAN, JR

. Governor
GARY HERBERT Lieutenant Governor 

# Department of Environmental Quality

William J

. Sinclair Acting Executive Director
DIVISION OF AIR QUALITY Cheryl Heying

Director



# MEMORANDUM

TO: Air Quality Board
THROUGH: Cheryl Heying, Executive Secretary
FROM: Colleen Delaney, Environmental Scientist
DATE : January 13 , 2009 DAQ-003-09

SUBJECT: FINAL ADOPTION: Amend R307-405-2. Permits: Major Sources in Attainment or Unclassified Areas (PSD)

. Applicability ; and FIVE-YEAR REVIEW : R307-405

. Permits : Major Sources in Attainment or Unclassified Areas (PSD)

On October 1, 2008, the Air Quality Board proposed updating the incorporation by reference date for 40 CFR 52

.21 to the July 1, 2008 , version. A 30-day public comment period was held
·beginning November 1, 2008. No comments were received and a public hearing was not requested

. StaffRecommendation: DAQ staffrecommends that R307-405-2 be adopted as proposed.
In addition, DAQ has completed a five-year review for R307-405, and as a separate action, staff recommends that the Board continue this rule by approving the attached forms to be filed with the Division ofAdministrative Rules

.

150 North 1950 West · Salt Lake City, UT Mailing Address : P.O. Box 144820 • Salt Lake City, UT 84 11 4-4820 Telephone (801) 536-4000
· Fax (80 1) 536-4099 • T.D.D

. (801) 536-44 14

www.deq.utah

.gov Printed on I00% recyc led paper

# State ofUtah
JON M

. HUNTSMAN, JR

. Governor
GARY HERBERT Lieutenant Governor 

# Department of Environmental Quality

William J

. Sinclair Acting Executive Director
DIVISION OF AIR QUALITY Cheryl Heying

Director



## MEMORANDUM

TO: Air Quality Board
THROUGH: Cheryl Heying, Executive Secretary
FROM: Kimberly Kreykes , Environmental Planning Consultant
DATE: Aprill3 , 2009 DAQ-021 -09

SUBJECT: FINAL ADOPTION: Amend R307-101-3 , General Requirements : Version ofCode of Federal Regulations Incorporated by Reference.

On December 3, 2008, the Air Quality Board proposed for comment amendments to R307-101-3 , General Requirements: Version ofCode ofFederal Regulations Incorporated by Reference. A public comment period was held March 1-31 , 2009. No comments were received

. StaffRecommendation: DAQ staffrecommends that R307

- 101-3 be adopted as proposed

.

150 North 1950 West · Salt Lake City, Utah Mailing Address: P.O. Box 144820 • Salt Lake City, Utah 84 114-4820 Telephone (80 1) 536-4000
· Fax (801) 536-4099 • T.D.D. (801) 536-44 14 www.deq.utah

.gov Printed on I00% recycled paper

# State ofUtah

JON M

. HUNTSMAN, JR

. Governor
GARY HERB ERT Lieutenant Governor 

# Department of Environmental Quality

Amanda Smith Acting Executive Director
DIVISION OF AIR QUALITY Cheryl Heying

Director



## MEMORANDUM

TO: Air Quality Board
THROUGH: Cheryl Heying , Executive Secretary
FROM: Steve Packham, Toxicologist
DATE: June 4 , 2009 DAQ-032-09

SUBJECT: FINAL ADOPTION : Amend R307-101-2. General Requirements. Definitions.

On March 4, 2009 , the Air Quality Board proposed for comment amendments to R307-101-2 General Requirements , Definitions.
The purpose ofthe proposed rule change is to update the version ofThreshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices published by the American Conference ofGovernmental Industrial Hygienists (ACGIH) referenced 

## in several definitions 

## in Section R307-101-2 to the most recent version.
A public comment period was held April 15

- May 15 , 2009

. No comments were received.
StaffRecommendation : DAQ staffrecommends that R307-101-2 be adopted as proposed.

ISONorth 195 0 West· Salt Lake C ity, Utah Mailing Address: P.O

. Box 144820 ·S alt Lake City, Utah 84 11 4-4820 Telephone (80 1) 536-4000 • Fax (8 01 )536-4099 • T. D

.D

. (801 ) 536-44 14 WlV\V. deq

. utah

.gov P rinted on IOO",(o recycled paper

# Nonsubstantive Change

## NonSub Rule Change 2 Page 1 ot 2



# State of Utah 

# NOTICE OF NONSUBSTANTIVE RULE CHANGE
DAR file no: Utah Admin. Code ref. (R no
.): 31462 R307-102 Date filed: Time filed:
1. 

## Agency: Environmental Quality/Air Quality Room no.: Building : Street address 1: 150 N 1950 W 

## Street address 2: City ,state,zip: SALT LAKE CITY, UT 84116-3085 Mailing address 1: PO BOX 144820 Mailing address 2: City,state,zip : SALT LAKE CITY, UT 84114-4820 Contact person(s): 5/20/2008 1:01:25 PM

Name: Phone: 801-536-4042 Fax: 801-536-4099 E-mail: Remove: Kimberly Kreykes kkreykes @utah.gov

(Int erested persons may inspect this filing at the a bove address or at DAR between 8 :00a

.m
. and 5 :00p

.m
. on business days
.) 

## Title of rule or section (catchline):
r

## ::.PnPral Requirements: Broadl Applicable Requirements

urpose of or reason for the nonsubstantive change: he purpose for the nonsubstantive change is to update the authorization for Rule R307- 102

. During the 2008 legislative session, H

.B. 63 passed which recodified most of Title 63

. (DAR NOTE: H.B. 63 (2008) is found at Chapter 382, Laws of Utah 2008, and was effective 05/05/2008.)

...**~** 

### .....'"

...**F."··~** 

## a response to comments by the Administrative Rules Review

· ee. No 

## 5. Summary of the nonsubstantive change: Rule R307-102 was authorized under Section 63-46b-4 which has now become Section 63G-4-202.

. This rule adds, updates, or otherwise changes the following title of materials

incorporated by reference (a copy of materials incorporated by reference must be submitted to DAR; if none, leave blank): information
- keywords (maximum of four, in lower case): onfidentiality of information, variances, air pollution

. Attach an RTF document containing the text of this rule change (filename): There is currently a document associated with this filing .[ Rule Text ] 

## To the agency: A nonsubstantive change becomes effective on the date the Division of Admini strative Rules makes the change to the rule in the Utah Administrative Code 

## (see Subsection R15-4-6(5))

.

http :/ /filings

.rules.utah

.gov/Forms/NonSubChange

.asp ?intKey= 136910 6/17/2009

## NonSub Rule Change 2



# AGENCY AUTHORIZATION rr==================== Agency head or designee, and title: ce Bird nning Branch Mana

http://filings.rules.utah.gov/Forms/NonSubChange

.asp?intKey=136910 Page 2 of2

6/17/2009

### R307. Envirorunental Quality, Air Quality. R307-102. General Requirements: Broadly Applicable Requirements.

KEY: air pollution, confidentiality of information, variances* Date of Enactment or Last Substantive Amendment: December 7, 2000 Notice of Continuation: February 8, 2008 Authorizing, and Implemented or Interpreted Law: 19-2- 104; 63G-4-202[6J 469 4] ;**19-2~113** !--dar--



# C

- 3

### RULES INDEX

R277-609 R277-609
R277-609-5 R277-610 R277-616-1 R277-700 R277-702
R277-703-6 R277-704

R277-709 R277-710 R277-714-1 R277-715 R277-715 R277-718 R277-719
R277-721
R277-721
R277-722 R277-722 R277-730 R277-733 R277-735

R277-746 R277-747 R277-751 R277-760-2 Rehabilitation R280-150
R280-200 R280-201-7 R280-204-7

Environmental Quality Adm inistration R305-3

R305-3 R305-4

R305-4

R307-103 R307-103-2 R307-107



### 74 Standards for School District Discipline Plans Standards for School District , School and Charter School Discipline Plans Parent/Guardian Notification and Court Referral Released-Time Classes for Religious Instruction Definitions The Elementary and Secondary School Core Curriculum Procedures for the Utah General Edu cational Development Certificate Funding Provisions Financial and Economic Literacy : Integration into Core Curriculum and Finan cia l and Economic Literacy Student Passports Education Programs Serving Youth in Custody Internationa l Baccalaureate Programs Definitions English Language Learner Family Literacy Centers English Language Learner Family Literacy Centers Program Utah Career Tea ching Scholarship Program Standards for Selling Foods Outside of the Reimb ursable Meal in Schools Deadline for CACFP Sponsor Participation in Food Distribution Program Deadline for CACFP Sponsor Participation in Food Distribution Program Withholding Payments and Commodities in the CACFP Withholding Payments and Commodities in the CACFP Alternative High School Curriculum Adult Education Programs Standards and Procedures for Corrections Education Programs Serving Inmates of the Utah Department of Corrections · · Driver Education Programs for Utah Schools Private School Student Driver Education Special Education Extended School Year Authority and Purpose
Adjudicative Proceedings Under the Vocational Rehabilitation Act Rehabilitation Classification of Records Miscellaneous Provisions

Emergency Meeting (5YR EXTENSION)

Emergency Meetings Clean Fuels and Vehicle Technology Fund Grant and Loan Program

Clean Fuels and Vehicle Technology Fund Grant and Loan Program

General Requirements General Requirements General Requirement · Administrative rocedures Initial Proceedings General Requirements : Unavoidable Breakdown (5YR EXTENSION) 30847 31956
30958 30881 31881 30882 30883
30977 31957

30884 31583 31882 31835 32006 30885 30848
30886
31014
30887 31015 30888 31836 31837

31039 31040 31041 31883

31838
31042 31884 31885

30506

30766 31391

31391

31809 31426 AMD AMD
NSC 5YR NSC 5YR 5YR
NSC NEW

5YR NEW NSC NEW NSC 5YR NEW
5YR
REP
5YR REP 5YR AMD AMD

5YR 5YR 5YR NSC

R&R
5YR NSC NSC

NSC

REP NEW

CPR 02/07/2008 11/10/2008
02/29/2008 01/08/2008 10/2112008 01/08/2008 01/08/2008
02/27/2008 11/10/2008

01/08/2008 08/07/2008 10/21/2008 10/08/2008 11/17/2008 01/08/2008 02/07/2008
01/08/2008
04/21/2008
01/08/2008 04/21/2008 01/08/2008 10/08/2008 10/08/2008

03/03/2008 03/03/2008 03/03/2008 10/21/2008

10/08/2008
03/03/2008 10/21/2008 10/21/2008

02/15/2008 see REP DAR No.30766 02/15/2008 10/08/2008 see CPR in 09/01/2008 Bulletin 10/08/2008

02/08/2008 02/08/2008 02/08/2008 06/18/2008 06/18/2008 10/01/2008 09/04/2008 see 5YR DAR No.31927 2008-1/10 2008-19/22
Not Printed 2008-3/73 Not Printed 2008-3/74 2008-3/74
Not Printed 2008-19/24

2008-3/75 2008-13/32 Not Printed 2008-17/43 Not Printed 2008-3/75 2008-1/12
2008-3/76
2008-6/5
2008-3/76 2008-6/6 2008-3/77 2008-17/44 2008-17/49

2008-7/64 2008-7/64 2008-7/65 Not Printed

2008-17/51
2008-7/65 Not Printed Not Printed

Not Printed

2007-24/6 2008-11/84

2008-17/70

2007-23/21 2008-5/40 2008-5
Not Pnnte Not Printed Not Printed

UT

AH S TATE B ULLET I N

, 

### January IS , 

### 2009, Vol. 

### 2009 , No.2

# R307-102 DAR No. 31462 NSC Effective June 18, 2008

ERTIFIED A TRUE COPY enneth A. 

## Hansen. Director

## ~,,<!;,..., of

## J\dministra'i"~ p,

# ' c -5

### R307. Environmental

.Quality, Air Quality. R307-102. General Requirements: Broadly Applicable Requirements.

KEY: air pollution, confidentiality of information, variances* Date of Enactment or Last Substantive Amendment: December 7, 2000 Notice ofContinuation: February 8, 2008 Authorizing, and Implemented or Interpreted Law: 19-2- 104; 63G-4-202; 19-2-113
!--dar--

# Effective Rule

# R307-405-2 DAR No. 32042 AMD Effective February 5, 2009

CER T\FlED A RUE 

# COPY

th A. Hansen. 

# owector Kenne f 

## Ad""l nic:

## mtiv~**Rt~l~** Division o**~** 

### · '**~** 

# 6- / \

### R307. Environmental Quality, Air Quality. R307-405. Permits: Major Sources in Attainment or Unclassified Areas (PSD). R307-405-2. Applicability. (1) All references to 40 CFR in R307-405 shall
mean the version that is in effect on July 1, 2008

. (2) The provisions of 40 CFR 52.21(a)(2) are hereby incorporated by reference. (3) Notwithstanding the exemptions in R307-

. 401 , any source that is subject to R307-405 is subject to the requirement to obtain an approval order in R307-401-S through 8

. KEY: air pollution, PSD, Class I area Date of Enactment or Last Substantive Amendment: 2009 Notice ofContinuation: July 13,2007 Authorizing, and Implemented or Interpreted Law: 19-2- 104
!--dar--

# NOTICES OF RULE EFFECTIVE DATES

These are the effective dates of PROPOSED RULES 

### or CHANGES IN PROPOSED RULES 

### published in earlier ed itions of the 

### Utah State Bulletin. Statute permits an agency to make a rule effective "on any date specified by the agency that is no fewer than seven calendar days after the close of the public comment period

... , nor more than 120 days after the publication date." Subsection 63G-3-301(9)

.

Abbreviations AMD = Amendment CPR = Change in Proposed Ru le NEW = New Ru le R&R = 

### Repeal and Reenact REP= Repea l

Air Quality

No

. 32042 (AMD) : R307-405-2

. Applicability

. Published : November 1 , 2008 Effective : February 5 , 2009

rinking Water No

. 32168 (AMD ): R309-515-7

. Ground Water

- Springs

. Publ ished: December 15 , 2008 Effective : February 15 , 2009
No

. 32169 (AMD) : R309-540-6

. Hydropneumatic Systems

. Published : December 15 , 2008 Effective : Febru
· ary 15 , 2009
Radiation Control

No

. 32050 (AMD ): R313-21

. General Licenses

. Published : November 1 , 2008 Effective : February 11 , 2009
No

. 32050 (CPR) : R313-21

. General Licenses

. Published : December 15 , 2008 Effective : February 11 , 2009
No

. 32206 (AMD) : R313-22-75

. Special Requirements for a Specific License to Manufacture , Assemble , Repair, or Distribute Commodities , Products , or Devices Which Contain Radioactive Material. Published : January 1 , 2009 Effective : February 12 , 2009
No

. 32207 (AMD) : R313-32

. Medical Use of Radioactive Material. Published : January 1 , 2009 Effective : February 12 , 2009

UTAH STATE BULLETI N, 

### March I , 2009, Vol. 2009, No.5 

### Health Adm i nistration

No

. 31980 (NEW): R380

-70. Standards for Ele c troni c Exchange of Cl inica l Health Information

. Published : October 15 , 2008 Effective : February 4 , 2009
Hea lth Systems Improvement , Ch ild Care Licensing

No

. 31820 (R&R) : R430-6

. Background Screening

. Published : September 1 , 2008 Effective : February 16 , 2009
No

. 31820 (CPR): R430-6

. Background Screen ing

. Published : January 1 , 2009 Effective : February 16 , 2009

Natural Resources

Water Rights

No

. 32201 (AMD) : R655-14

. Administrative Procedures for Enforcement Proceedings Before the Division of Water Rights. Published : January 1 , 2009 Effective : February 10 , 2009
Wild l ife Resources

No. 32210 (AMD ): R657-61. Valuation of Real Property Interests for Purposes of Acquisition or Disposal. Published : January 1 , 2009 Effective : February 9 , 2009
Transportation

Administration

No

. 32214 (AMD) : R907-1

. "Appeal of Departmenta l Actions

. Published : January 1 , 2009 Effective : Apri l 14 , 2009

Workforce Services Employment Development

No

. 32209 (AMD) : R986-200-246

. Transitional Cash Assistance

. Published : January 1 , 2009 Effective : February 12 , 2009

33 

# E-J

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



# R307-101-3 DAR No. 32351 AMD Effective May 7, 2009

## . '



### R307. Environmental Quality, Air Quality. R307-101. General Requirements. R307-101-3. Version of Code of Federal Regulations Incorporated by Reference. Except as specifically identified in an individual rule, the version of the Code of Federal Regulations (CFR) incorporated throughout R307 is dated July I, 2008.

KEY: air pollution, definitions Date of Enactment or Last Substantive Amendment: 2009 Notice ofContinuation: February 8, 2008 Authorizing, and Implemented or Interpreted Law: 19-2- 104(l)(a)
!--dar--

# ~-)

# 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. Statute permits an agency to make a rule effective "on any date specified by the agency that is no fewer than seven calendar days after the close ofthe public comment period

.. . , nor more than 120 days after the publication date

." Subsection 63G-3-301 (9)

.

Abbreviations AMD = Amendment CPR = Change in Proposed Rule NEW= New Rule R&R = Repeal and Reenact REP = R.epeal
Administrative Services Fleet Operations , Surplus Property

No. 32362 (AMD) : R28-2-3

. Procedures

. Published : March 1 , 2009 Effective : May 11 , 2009

Career Service Review Board

Administration

No

. 32287 (AMD) : R137-1-2

. Definitions

. Published : February 1 , 2009 Effective: May 6 , 2009
No

. 32290 (AMD) : R137-1-22

. Appellate/Step 6 Procedures

. Published : February 1, 2009 Effective : May 6, 2009

Commerce

Occupational and Professional Licensing The Board's

No

. 32430 (AMD) : R156-31c. Nurse Licensure Compact Rules

. Published : April 1 , 2009 Effective: May 11 , 2009
No

. 32438 (AMD) : R156-55a. Utah Construction Trades Licensing Act Rule

. Published : April 1, 2009 Effective : May 11, 2009

Education

Administration

No

. 32446 (AMD): R277-462

. Comprehensive Counseling and Guidance Program

. Published: April 1 , 2009 Effective : May 8 , 2009
No

. 32447 (AMD): R277-477

. Distribution of Funds from the School Trust Lands Account and Implementation of the School LAND Trust Program. Published : April 1 , 2009 Effective : May 8, 2009

U TA H ST ATEB ULLETI N, 

### June I, 2009, Vol. 2009 , No

. II 

### No

. 32448 (AMD) : R277-484

. Data Standards

. Published: April 1, 2009 Effective: May 8 , 2009
No

. 32449 (AMD) : R277-491

. School Community Councils

. Published : April 1 , 2009 Effective: May 8, 2009
No

. 32450 (AMD) : R277-502-4

. License Levels , Procedu res , and P

. eriods of Validity

. Published : April 1 , 2009 Effective : May 8 , 2009

No

. 32351 (AMD) : R307-101-3

. Version of Code of Federal Regulations Incorporated by Reference. Published: March 1 , 2009 Effective : May 7 , 2009
No. 32350 (AMD) : R307-840. Lead-Based Pain Accreditation, Certification and Work Practic Standards

. Published : March 1 , 2009 Effective : May 7, 2009 Drinking Water

No

. 32444 (AMD) : R309-1 05-6

. Construction of Public Drinking Water Facilities. Published : April 1 , 2009 Effective : May 12 , 2009
No. 32443 (AMD) : R309-110-4

. Definitions

. Published; April 1 , 2009 Effective : May 12 , 2009
No

. 32445 (AMD) : R309-500

. Facility Design and Operation : Plan Review , Operation and Maintenance Requirements

. Published : April 1 , 2009 Effective : May 12 , 2009
Solid and Hazardous Waste

No. 32441 (AMD) : R315-315

. Special Waste Requirements

. Published : April 1 , 2009 Effective: May 15 , 2009

61

# R307-101-2 DAR No. 32458, AMD

Effective July 2, 2009

# ..

R307
. Environmental Quality, Air Quality. R307-101. General Requirements. R307-101-2. Defmitions. Except where specified in individual rules, definitions in R307-101-2 are applicable to all rules adopted by the Air Quality Board

. "Actual Emissions" means the actual rate ofemissions ofa pollutant from an emissions unit determined as follows : ( 1) In general, actual emissions as ofa particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a two-year period which precedes the particular date and which is representative of normal source operations. The Executive Secretary shall allow the use of a different time period upon a determination that it is
more representative of normal source operation

. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types ofmaterials processed, stored,
or combusted during the selected time period

. (2) The Executive Secretary may presume that source-specific allowable emissions for the unit 

### are equivalent to the actual emissions ofthe unit. (3) For any emission unit, other than an electric utility steam generating unit specified in (4), which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit ofthe unit on that date. (4) For an electric utility steam generating unit (other than a new unit or the replacement of an existing unit) actual emissions of the unit following the physical or operational change shall equal the representative actual annual emissions of the unit, provided the source owner or operator maintains and submits to the executive secretary, on an annual basis for a period of 

### 5 years from the date the unit resumes regular operation, information demonstrating that the physical or operational change did not result in an emissions increase

. A longer period, not to exceed 10 years, may be required by the executive secretary if the executive secretary determines such a period to be more representative of normal source post-change operations. "Acute Hazardous Air Pollutant" means any noncarcinogenic hazardous air pollutant for which a threshold limit value

- ceiling (TLV

-C) 

### has been adopted by the American Conference of Governmental Industrial Hygienists (ACGIH) in its "Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices, (2009)

." "Air Contaminant" means any particulate matter or any gas, vapor, suspended solid or any combination of them, excluding steam and water vapors (Section 19-2-1 02(1 ))

. "Air Contaminant Source" means any and all sources of emission of air contaminants whether privately or publicly owned or operated (Section 19-2-1 02(2))

. "Air Pollution" means the presence in the ambient air of one or more air contaminants in such 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 standards, rules and regulations adopted by the Air Quality Board (Section 19-2- 104)

. "Allowable Emissions" means the emission rate of a source calculated using the maximum rated capacity of the
source (unless the source is subject to enforceable limits which restrict the operating rate, or hours of operation, or both) and the emission limitation established pursuant to R307-401-8

. "Ambient Air" means the surrounding or outside air (Section 19-2-102(4)). "Appropriate Authority" means the governing body of any city, town or county

. "Atmosphere" means the air that envelops or surrounds the earth and includes all space outside of buildings, stacks or exterior ducts. "Authorized Local Authority" means a city, county, city-county or district health department; a city, county or combination frre department; or other local agency duly designated by appropriate authority, with approval of the state Department of Health; and other lawfully adopted ordinances, codes or regulations not in conflict therewith. "Board" means 

### Air Quality Board

. See Section 19-2- 102(6)(a)

. "Breakdown" means any malfunction or procedural
error, to include but not limited to any malfunction or procedural
error during start-up and shutdown, which will result in the inoperability or sudden loss of performance of the control equipment or process equipment causing emissions in excess of those allowed by approval order or Title R307. "BTU" means British Thermal Unit, the quantity of heat necessary to raise the temperature of one pound of water one degree Fahrenheit. "Calibration Drift" means the change in the instrument meter readout over a stated period oftime ofnormal continuous operation when the VQC concentration at the time of measurement is the same known upscale value. "Carbon Adsorption System" means a device containing adsorbent material (e.g

., activated carbon, aluminum, silica gel), an inlet and outlet for exhaust gases, and a system for the proper disposal or reuse ofall VOC adsorbed

. "Carcinogenic Hazardous 

### Air Pollutant" means any hazardous air pollutant that is classified as a known human carcinogen (Al) or suspected human carcinogen (A2) 

### by the American Conference of Governmental Industrial Hygienists (ACGIH) in its "Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices, (2009)

. " "Chargeable Pollutant" means any regulated air pollutant except the following : (1) Carbon monoxide; (2) Any pollutant that is a regulated air pollutant solely because it is a Class 

### I or 

### II substance subject to a standard promulgated or established by Title 

### VI of the Act, Stratospheric Ozone Protection; (3) 

### Any pollutant that is a regulated air 

### pollutant solely because it is subject to a standard or regulation under Section 112(r) ofthe Act, Prevention ofAccidental Releases

. "Chronic Hazardous 

### Air Pollutant" means any noncarcinogenic hazardous air pollutant for which a threshold limit value

- time weighted average (TLV-TWA) having no threshold limit value- ceiling (TLV-C) has been adopted by the American Conference of Governmental Industrial Hygi enists

### (ACGIH) in its "Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices, (2009)

." "Clean Air Act" means federal Clean Air Act as amended in 1990.

"Threshold Limit Value- Ceiling (TLV-C)" means the airborne concentration of a substance which may not be exceeded, as adopted by the American Conference of Governmental Industrial Hygienists in its "Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices, (2009)

." "Threshold Limit Value

- Time Weighted Average (TL 

### V-TWA)" means the time-weighted airborne concentration of a substance adopted by the American Conference of Governmental Industrial Hygienists in its "Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices, (2009)

." "Total Suspended Particulate (TSP)" means minute separate particles ofmatter, collected by high volume sampler. "Toxic Screening Level" means an ambient concentration of an air contaminant equal to a threshold limit value

- ceiling (TL 

### V- C) 

### or threshold limit value -time weighted average (TL 

### V-TWA) divided by a safety factor. "Trash" means solids not considered to be 

### highly flammable or explosive including, but not limited to clothing, rags, leather, plastic, rubber, floor coverings, excelsior, tree leaves, yard trimmings and other similar materials. "Volatile Organic Compound (VOC)" means VOC as defmed in 40 CFR 51.100(s)(l), effective as of the date referenced in R307-101-3, is hereby adopted and incorporated by reference

. "Waste" means all solid, liquid or gaseous material, including, but not limited to, garbage, trash, household refuse, construction or demolition debris, or other refuse including that resulting from the prosecution ofany business, trade or industry. "Zero Drift" means the change in the instrument meter readout over a stated period of time of normal continuous operation when the VOC concentration at the time of measurement is zero.


### KEY: air pollution, defmitions Date ofEnactment or Last Substantive Amendment: July 2, 2009 Notice ofContinuation: February 8, 2008 Authorizing, and Implemented or Interpreted Law: 19-2- 104(1)(a)
!--dar
--

# NOTICES OF RULE EFFECTIVE DATES

These are the effective dates of PROPO SED RULE S 

### or CH ANGE S I N PROPOSED RULES 

### published in earlier editions of the 

### Utah State Bulletin

. Statute permits an agency to make a rule effective "on any date specified by the agency that is no fewer than seven calendar days after the close of the public comment period

. . . , nor more than 120 days after the publication date

. " Subsection 63G-3-301(9).

Abbreviations AMD = Amendment CPR = Change in Proposed Rule NEW = New Rule R&R = Repeal and Reenact REP = Repeal
Commerce

Occupational and Professional Licensing

No

. 32653 (AMD) : R156-5a. Podiatric Phys ician Licensing Act Rule

. Published : ·June 1 , 2009 Effective : July 9 , 2009
No

. 32661 (AMD): R156-17b

. Pharmacy Practice Act Rule

. Published: June 1 , 2009 Effective: July 9 , 2009
No

. 32652 (AMD): R156-20a

. Environmental Health Scientist Act Rules

. Published : June 1 , 2009 Effective : July 9 , 2009
No

. 32662 (AMD) : R156-31 b

. Nurse Practice Act Rule

. Published : June 1 , 2009 Effective: July 9, 2009
No

. 32655 (AMD): R156-69

. Dentist and Dental Hygienist Practice Act Rule

. Published : June 1 , 2009 Effective : July 9, 2009

Crime Victim Reparations

Adm i nistration

No. 32673 (AMD): R270-1

. Award and Reparation Standards

. Published : June 1 , 2009 Effective: July 8 , 2009

Environmental Quality

Air Quality

No

. 32458 (AMD) : R307-101-2

. Definitions

. Published : April 15 , 2009 Effective : July 2, 2009

124 

### Health Epidem iology and Laboratory Services , Environmental Services

No. 32393 (NEW) : R392-303

. Public Geothermal Pools and Bathing Places

. Published: March 15 , 2009 Effective : July 13 , 2009
Health Systems Improvement, Emergency Medical Services

No. 32618 (AMD) : R426-6

. Emergency Med ical Services Competitive Grants Program Rules

. Published : May 15 , 2009 Effective : July 9 , 2009
No

. 32615 (AMD) : R426-8

. Emergency Medical Services Per Capita Grants Program Rules

. Published : May 15, 2009 Effective : July 8 , 2009

Human Services

Recovery Services

No. 32385 (AMD) : R527-3

. Definitions

. Published: March 15 , 2009 Effective : Ju ly 13, 2009
No

. 32386 (AMD): R527-10. Disclosure of Information to the Office of Recovery Services

. Published: March 15, 2009 Effective : July 13, 2009
No. 32387 (AMD): R527

-38

. Unenforceable Cases

. Published : March 15 , 2009 Effective : July 13 , 2009
No. 32388 (AMD) : R527-39. Applicant/Recipient Cooperation

. Published : March 15 , 2009 Effective : July 13 , 2009
No. 32390 (AMD) : R527-258

. Enforcing Child Support When the Obligor is an Ex-Prisoner or in a Treatment Program

. . Published : March 15, 2009 Effective : July 13, 2009
No

. 32391 (AMD): R527

-394

. Posting Bond or Security

. Published: March 15, 2009 Effective : July 13 , 2009

UTA H STATE B ULLET IN, 

### August I , 2009 , Vol. 2009, No. 15 

# &-lD

# Certification

## I, Kimberly A. Kreykes , Rules Coordinator for the Utah Division of Air Quality, do hereby certify that the public comment periods held to receive comments regarding R307-405-2 (DAR #32042), R307-101-3 (DAR #32351), R307-101 -2 (DAR #32458) and were held in accordance with the information provided in each published public notice and as defined in Utah Code 19-2- 109. The change regarding R307-405-2 was adopted by the Air Quality Board on February 2, 2009, the change regarding R307-101 -3 was adopted by the Air Quality Board on May 6, 2008, and the change regarding R307-101-2 was adopted by the Air Quality Board on July 1 , 2008.