## STATE 

## OF UTAH

GARY R

. HERBERT GOVERNOR OFFICE OF THE GOVERNOR SALT LAKE CITY, UTAH 84114

- 2220



### March 9, 2015

Shaun McGrath, Regional Administrator US EPA Region 8 1595 Wynkoop Street Denver, Colorado 80202-1129
Dear Mr. McGrath: SPENCER J. COX LIEUTENANT GOVERNOR



### Enclosed for your approval is the new Utah Air Quality Rule R307-311, 

### Utah County: Trading of Emission Budgets for Transportation Conformity

. The new rule affects the way the metropolitan planning organization (MPO) for Utah County is able to demonstrate that the emissions associated with its transportation plans, programs, and projects conform to emission budgets established in the PM 10 

### State Implementation Plan for Utah County. It does so by allowing the MPO to apply a potential surplus in its budget for direct PM 10 

### to a potential future year shortfall in its budget for NOx at a ratio ofone-to-one.
The Utah Division ofAir Quality is submitting supporting documentation in both electronic and hard copy formats. The electronic and hard copy documents are exact duplicates

. Ifyou have questions about this request, you may call Bryce Bird, Director ofthe Utah Division ofAir Quality, at (801) 536-4064

. Sincerely,

# ~:;~1;~-f- Governor
Enclosures

### State ofUtah

GARY R

. HERBERT Governor
SPENCER J. COX Lieut enant Governor



### March 11 , 2015 

### Department of Environmental Quality

Amanda Smith Executive Dir ector
DIVIS ION OF AIR QUALI TY Bryce C

. Bird

Dir ector



### Shaun McGrath, Regional Administrator US EPA Region 8 1595 Wynkoop Street Denver, CO 80202-1129
Dear Mr. McGrath: DAQP-049-15

Enclosed please find for your review one hard copy and one electronic copy ofthe administrative documentation in support ofGovernor Herbert' s March 9, 2015 State Implementation Plan submittal ofrule new rule R3 07-311 , 

### Utah County: Trading o f Emission Budget s

for Trans portation Conformity

. Ifyou have questions, please call me at (801) 536-4064

. Sincerely,

# -zJ;~L-~ Bryce C

. Bird Director
BB :MB:svw
Enclosures

I95 North I950 West, 4t11 Floor • Salt Lake City, UT Mailing Address: P. O

. Box 144820 • Salt Lake City, UT 84 11 4-4820 Telephone (80 1) 536-4000 • Fax (80 1) 536-4099 • T

.D

.D

. (80 1) 536-44 1 4
www.deq. ut ah. gov Printed on I00% recycled paper

# UTAH

Administrative Documentation

R307-311. Utah County: Trading ofEmission Budgets for Transportation Conformity.

State ofUtah Department ofEnvironmental Quality Division ofAir Quality 195 N. 1950 West P.O. Box 144820 Salt Lake City, Utah 84114-4820 801-536-4000 

# March 11,2015

# UTAH ADMINISTRATIVE DOCUMENTATION 

# March 2015

# R307-311. Utah County: Trading ofEmission Budgets for Transportation Conformity.

Legal Authority 

## ADMINISTRATIVE DOCUMENTATION Table of Contents

Utah Code Title 19 , Chapter 2, Air Conservation Act

.. . ........................... .. ......... ......... ... .... ........................... C-1 Utah Code Title 63G, Chapter 3, Ad ministrative Rulemaking Act

. ........ . ............. .... ..... .. ...... ............ ........... C-23 U

tah Ad ministrative Code, R/5, Administrative Rules
..... ... ........ .... ....... ..... ...... ....................... ... ......... .. .... .. C-40
Proposed for Public Comment R307-311 : TextasProposed

....................... .... ....... .. ... ... ..................................... ... .. ...... ..............................P-1 DAR Bulletin (January I , 20 15) Rule Analysis Form, DAR #3 8997

....................................... .. .... .. ..... ..........P-3
Public Hearings/Comments DAR Bulletins- Notice ofPublic Comment Period

.... .. .... ......... .. ........................... .. ......... ............... ..... ..... .. .H-1 R307-311: Summary ofPublic Comments and Responses

.. .... .. ........... ... .... . .... ..................... ..... ................... H-3
Effective Rule R307-31 I: Certified Final Text with Effective Date
................ ......... ...... . .................................. .....E-1
Technical Support Document Technical Support Documentation for Conformity Budget Trading in Utah County

.................TSD-1
Certification

# Codes

# Air Conservation Act Utah Code-- Title 19 --Chapter 02 (February 13 , 2014)

19-2-101

. Short title --Policy ofstate and purpose ofchapter

-- 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

. ...... ... ..... ... ......... ................... ........... .... ..... ..... ..... ... .. ................ . ........ ..... ...... .. ........ .... .... ....4 19-2-105. Duties ofboard

. ... .... ........... .. . ..... .. .... .......... .. .. . ... ..... . ....................... ........... .. ..... .... ... ... .. ..... ....... .... .. .. ... ........6 19-2-105.3. Clean fuel requirements for fleets

..... ..................... . ..... ..... .... ... ..... ... .. ....... ....................... ..... ... .... ........ .. ...8 19-2-106

. Rulemaking authority and procedure

..... ....... ......... ... ........ .. ..... ... .. .......... .... ... .... ... ... ................ ........... .... .....9 19-2-107

. Director-- Appointment-- Powers

. .... ..... ... .. ........... . ... .. ... .... ..... ....... ... .... .. ....... .... ... . ........ .. ... ... ... .. .... .. .......9 19-2-108. Notice ofconstruction or modification ofinstallations required

-- Authority ofdirector to prohibit construction --Hearings

-- Limitations on authority ofdirector

-- Inspections authorized

........................ ... .. .... ... . .... 1 0 19-2-109

. Air quality standards

-- Hearings on adoption

-- Orders ofdirector-- Adoption ofemission control requirements

.. ........ .. .. .... ... .. .... .. ... ... ....... ... ... ........... . ......................... ...... .. ... ............... ................................... .... ...... .... 11 19-2-109

. 1. Operating permit required --Emissions fee

-- Implementation

.... ..... .... ... ..... .. ... .. ... ......... .... ... ... .... . .... .. . 12 19-2-109

.2. Small business assistance program
. ..... .. ... .... ...... .. ... ...... ...... .... .. ..... ..... ........ .... ..... ... ......... ......... .. ..... ... ... 13 19-2-109.3. Public access to information

........ .. .... .. ...... ..... ..... .. . ... .... .. ..... . ......... ... .... .... . ...... ....... ... .. ..... .. .... .... ..... . ..... 15 19-2-109

.5. Private sector air quality permitting professionals certification program
... . ..... .................... ..... ...... ... ... . 15 19-2-110. Violations --Notice to violator

-- Corrective action orders

-- Conference, conciliation, and persuasion by director

-- Hearings

.... ..... . ... ... .... . ...... ... .. ..... .... .. ... .. ....... ...... ..... .................... ..... ... .............. .. ..... ................. ... ........ ....... 15 19-2-112

. Generalized condition ofair pollution creating emergency
-- Sources causing imminent danger to health

-

- Powers ofexecutive director-- Declaration ofemergency
... . ... ........... .......................................... ............. ... ..... ..... . 15 19-2-113. Variances-- Judicial review

................ ... ....... ... .... . .. ... ..... . ... .. .......... .... .. ...... ....... ... ...... .. .... ..... .. ......... ..... .... 16 19-2-114

. Activities not in violation ofchapter or rules
............ ........ .... .... .... .... . ... ... .... ...... . ..... ....... ..... ... ..... ...... ........ 17 19-2-115

. Violations-- Penalties-- Reimbursement for expenses
. ....... ..... .. .... .............. .. .... ...... ... .. ...... ..... .. ..... ... .. .... 17 19-2-116

. Injunction or other remedies to prevent violations

-- Civil actions not abridged

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

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

.. . ....... ... .............................................................................. 19 19-2-119. Civil or criminal remedies not excluded --Actionable rights under chapter-- No liability for acts ofGod or other catastrophes

..... ... .. ... ........ .. ... ...... ....................... .... . ..... .. ..... ....... .... ..... ...... ... ... ..... ... ................... .. .... ... . .... ....... 19 19-2-120. Information required ofowners or operators ofair contaminant sources
...... ..... .. ........ .... ... .... ..... ...... .. .... .20 19-2-121. Ordinances ofpolitical subdivisions authorized

......... . ... .... .... ..... . .... .... .. ...... .. ... .... ... ..... ..... .... .... ... ..... .. .... ..20 19-2-123

. Tax reliefto encourage investment in facilities-- Sales and use tax exemption

................ .. ... . ...... .. ..........20 19-2-124. Application for certification ofpollution control facility-- Refunds-

- Interest.

....... .... ... ... ... .. ......... . .... ...20 19-2-125

. Action on application for certification

. ...... .. ... .... ... ... ..... .... ..... . ... .... .... .. ............ ................. ..... ... . ...............21 19-2-126. Revocation ofcertification-- Grounds
-- Procedure

.. ......................... ... ... ... ... .. .. ...... ..... .. .... .... ..... . ...... ..... .22 19-2-127

. Rules for administering certification for tax relief

................ ........... ...... . .. ...... ....... ..... .... ....... ..... ...... .........22



## c- 1

## Title 19. Environmental Quality Code. Chapter 2
. Air Conservation Act.

19-2-101. Short title-- Policy ofstate and purpose of chapter- Support of local and regional programs -- Provision of coordinated statewide program. (1) This chapter is known as the "Air Conservation Act." (2) It is the policy ofthis state and the purpose ofthis chapter to achieve and maintain levels of air quality which will protect human health and safety, and to the greatest degree practicable, prevent injury to plant and animal life and property, foster the comfort and convenience ofthe people, promote the economic and social development ofthis state, and facilitate the enjoyment ofthe 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 ofair quality

. (4) The purpose ofthis chapter is to: (a) provide for a coordinated statewide program ofair pollution prevention, abatement, and control; (b) provide for an appropriate distribution ofresponsibilities among the state and local units ofgovernment; (c) facilitate cooperation across jurisdictional lines in dealing with problems of air pollution not confined within single jurisdictions; and (d) provide a framework within which air quality may be protected and consideration given to the public interest at all levels of planning and development within the state

. .

19
-2
-102. Definitions. As used in this chapter: (I) "Air contaminant" means any particulate matter or any gas , vapor, suspended solid, or any combination ofthem, excluding
steam and water vapors. (2) "Air contaminant source" means all
sources ofemission ofair contaminants whether privately or publicly owned or operated. (3) "Air pollution" means the presence in the ambient air ofone 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 ofproperty, as determined by the rules adopted by the board. (4) "Ambient air" means the surrounding or outside air. (5) "Asbestos" means the asbestiform varieties ofserpentine (chrysotile), riebeckite (crocidolite) , cummingtonite-grunerite, anthophyllite, and actinolite-tremolite

. (6) "Asbestos-containing material"
means any material containing more than I% asbestos, as determined using the method adopted in 40 CFR Part 61 , Subpart M, National Emission Standard for Asbestos

. (7) "Asbestos inspection" means an activity undertaken to determine the presence or location, or to assess the condition of, asbestoscontaining material or suspected asbestoscontaining material, whether by visual or physical examination, or by taking samples of the material. (8) (a) "Board" means the Air Quality Board

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

. (9) "Clean school bus" has the same meaning as defined in 42 U.S

.C

. Sec

. 16091. (I0) "Director" means the director of the Division ofAir Quality

. (11) "Division" means the Division of Air Quality, created in Subsection 19

- l

- 105(l)(a). (12) (a) "Facility" means machinery, equipment, structures, or any part or accessories ofthem, installed or acquired for the primary purpose ofcontrolling or disposing ofair pollution

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



### C- 2comfort ofpersonnel. (13) "Friable asbestos-containing material" means any material containing more than 1% asbestos , as determined using the method adopted in 40 CFR Part 61, Subpart M, National Emission Standard for Asbestos , that hand pressure can crumble, pulverize, or reduce to powder when dry

. (14) "Indirect source" means a facility, building, structure, or installation which attracts or may attract mobile source activity that results in emissions ofa pollutant for which there is a national standard

. (15) (a) "Pollution control facility" or "facility" means, as used in Sections 19-2-123

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

installation, excavation, machinery, equipment, or device, or any addition to, reconstruction, replacement or improvement of , land or an existing structure, building, installation, excavation, machinery, equipment, or device reasonably used, erected, constructed, acquired, or installed by any person ifthe primary purpose ofthe use, erection, construction, acquisition, or installation is the prevention, control, or reduction ofair 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 ofor 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 ofsewage to the collection facilities ofa public or quasi-public sewerage system

.



### 19-2-103. Members ofboard-- Appointment --Terms-- Organization --Per diem and expenses. (1) The board consists ofthe following nine members: (a) the following non-voting member, except that the member may vote to break a tie vote between the voting members: (i) the executive director; or (ii) an employee ofthe department designated by the executive director; and (b) the following eight voting members, who shall be appointed by the governor with the consent ofthe Senate:

and (i) one representative who: (A) is not connected with industry; (B) is an expert in air quality matters; (C) is a Utah-licensed physician, a Utah-licensed professional engineer, or a scientist with relevant training and experience; (ii) two government representatives who do not represent the federal government; (iii) one representative from the mining industry ; (iv) one representative from the fuels industry ; (v) one representative from the manufacturing industry; (vi) one representative from the public who represents : (A) an environmental nongovernmental organization; or (B) a nongovernmental organization that represents community interests and does not represent industry interests; and (vii) one representative from the public who is trained and experienced in public health

. (2) A member ofthe board shall: (a) be knowledgeable about air pollution matters, as evidenced by a professional degree, a professional accreditation, or documented experience; (b) be a resident ofUtah; (c) attend board meetings in accordance with the attendance rules made by the department under Subsection 19-1- 201(1)(d)(i)(A) ; and (d) comply with all applicable statutes, rules , and policies, including the conflict of interest rules made by the department under Subsection 19-1-201 ( 1 )(d)(i)(B). (3) No more than five ofthe appointed members ofthe board shall belong to the same political party. (4) A majority ofthe members ofthe



### C-3board may not derive any significant portion of their income from persons subject to permits or orders under this chapter. (5) (a) Members shall be appointed for a term offour years. (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the time ofappointment or reappointment, adjust the length ofterms to ensure that the terms ofboard members are staggered so that halfofthe appointed board is appointed every two years
. (c) (i) Notwithstanding Subsection (5)(a) , the term ofa board member who is appointed before March 1, 2013 , shall expire on February 28, 2013. (ii) On March 1, 2013 , the governor shall appoint or reappoint board members in accordance with this section. (6) A member may serve more than one term. (7) A member shall hold office until the expiration 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. (8) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term. (9) The board shall elect annually a chair and a vice chair from its members. (1 0) (a) The board shall meet at least quarterly. (b) Special meetings may be called by the chair upon the chair's own initiative, upon the request ofthe director, or upon the request of three members ofthe board

. (c) Three days' notice shall be given to each member ofthe board before any meeting. (11) Five members constitute a quorum at any meeting, and the action ofa majority of members present is the action ofthe board. (12) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with : (a) Section 63A-3-1 06 ; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-I 06 and 63A-3-107. 19-2-104. Powers ofboard. (1) The board may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act: (a) regarding the control, abatement, and prevention ofair pollution from all sources and the establishment ofthe maximum quantity ofair contaminants that may be emitted by any air contaminant source; (b) establishing air quality standards; (c) requiring persons engaged in operations which result in air pollution to: (i) install, maintain, and use emission monitoring devices, as the board finds necessary; (ii) file periodic reports containing information relating to the rate, period of emission, and composition ofthe air contaminant; and (iii) provide access to records relating to emissions which cause or contribute to air pollution; (d) (i) implementing: (A) Toxic Substances Control Act, Subchapter II, Asbestos Hazard Emergency Response, 15 U.S.C

. 2601 et seq.; (B) 40 C.P.R. Part 763 , Asbestos; and (C) 40 C

.F.R. Part 61 , National Emission Standards for Hazardous Air Pollutants, Subpart M, National Emission Standard for Asbestos; and (ii) reviewing and approving asbestos management plans submitted by local education agencies under the Toxic Substances Control Act, Subchapter II, Asbestos Hazard Emergency Response, 15 U.S.C

. 2601 et seq.; (e) establishing a requirement for a diesel emission opacity inspection and maintenance program for diesel-powered motor vehicles; (f) implementing an operating permit program as required by and in conformity with Titles IV and V ofthe federal Clean Air Act Amendments of 1990; (g) establishing requirements for county emissions inspection and maintenance programs after obtaining agreement from the counties that would be affected by the requirements;



### C-4(h) with the approval ofthe governor, implementing in air quality nonattainment areas employer-based trip reduction programs applicable to businesses having more than I00 employees at a single location and applicable to federal , state, and local governments to the extent necessary to attain and maintain ambient air quality standards consistent with the state implementation plan and federal requirements underthe standards set forth in Subsection (2); and (i) implementing lead-based paint remediation training, certification, and performance requirements in accordance with 15 U.S.C

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

-- Lead Exposure Reduction, Sections 402 and 406

. (2) When implementing Subsection (1 )(h) the board shall take into consideration : (a) the impact ofthe business on overall air quality ; and (b) the need ofthe business to use automobiles in order to carry out its business purposes
. (3) (a) The board may: (i) hold a hearing that is not an adjudicative proceeding relating to any aspect of

, or matter in, the administration ofthis chapter;(ii) order the director to : (A) issue orders necessary to enforce the provisions ofthis chapter; (B) enforce the orders by appropriate administrative andjudicial proceedings; or (C) institutejudicial proceedings to secure compliance with this chapter; or (iii) advise, consult, contract, and cooperate with other agencies ofthe state, local governments, industries, other states, interstate or interloca1 agencies, the federal government, or interested persons or groups. (b) The board shall : (i) to ensure compliance with applicable statutes and regulations: (A) review a settlement negotiated by the director in accordance with Subsection 19-2- 1 07 (2)(b)(viii) that requires a civil penalty of $25 ,000 or more; and (B) approve or disapprove the settlement; (ii) encourage voluntary cooperation by persons and affected groups to achieve the purposes ofthis chapter; (iii) require the owner and operator of each new source which directly emits or has the potential to emit 100 tons per year or more of any air contaminant or the owner or operator of each existing source which by modification will increase emissions or have the potential of increasing emissions by 100 tons per year or more of any air contaminant, to pay a fee sufficient to cover the reasonable costs of: (A) reviewing and acting upon the notice required under Section 19-2-108; and (B) implementing and enforcing requirements placed on the sources by any approval order issued pursuant to notice, not including any court costs associated with any enforcement action; (iv) meet the requirements offederal air pollution laws ; (v) by rule, establish work practice, certification, and clearance air sampling requirements for persons who: (A) contract for hire to conduct demolition, renovation, salvage, encapsulation work involving friable asbestos-containing materials, or asbestos inspections if: (I) the contract work is done on a site other than a residential property with four or fewer units; or (II) the contract work is done on a residential property with four or fewer units where a tested sample contained greater than 1% ofasbestos ; (B) conduct work described in Subsection (3 )(b)(v)(A) in areas to which the general public has unrestrained access or in school buildings that are subject to the federal Asbestos Hazard Emergency Response Act of 1986; (C) conduct asbestos inspections in facilities subject to 15 U

.S.C

.A

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

- Asbestos Hazard Emergency Response; or (D) conduct lead paint inspections in facilities subject to 15 U

.S

.C.A. 2601 et seq. , Toxic Substances Control Act, Subchapter IV--



### C-5Lead Exposure Reduction; (vi) establish certification requirements for persons required under 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act, Subchapter II

- Asbestos Hazard Emergency Response, to be accredited as inspectors, management planners, abatement project designers, asbestos abatement contractors and supervisors, or asbestos abatement workers; (vii) establish certification requirements for asbestos project monitors, which shall provide for experience-based certification of persons who, prior to establishment ofthe certification requirements, had received relevant asbestos training, as defined by rule, and had acquired at least 1,000 hours ofexperience as project monitors; (viii) establish certification procedures and requirements for certification ofthe conversion ofa motor vehicle to a clean-fuel vehicle, certifying the vehicle is eligible for the tax credit granted in Section 59-7-605 or 59-10- 1009; (ix) establish a program to certify private sector air quality permitting professionals (AQPP), as described in Section 19-2-109.5; (x) establish certification requirements for persons required under 15 U.S.C.A. 2601 et seq. , Toxic Control Act, Subchapter IV --Lead Exposure Reduction, to be accredited as inspectors, risk assessors, supervisors, project designers, or abatement workers; and (xi) assist the State Board ofEducation in adopting school bus idling reduction standards and implementing an idling reduction program in accordance with Section 41-6a-1308. (4) Any rules adopted under this chapter shall be consistent with provisions of federal laws, if any, relating to control ofmotor vehicles or motor vehicle emissions. (5) Nothing in this chapter authorizes the board to require installation ofor payment for any monitoring 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. (6) (a) The board may not require testing for asbestos or related materials on a residential property with four or fewer units , unless: (i) the property's construction was completed before January 1, 1981; or (ii) the testing is for: (A) a sprayed acoustical ceiling; (B) transite siding; (C) vinyl floor tile; (D) thermal-system insulation or tape on a duct or furnace; or (E) vermiculite type insulation materials

. (b) A residential property with four or fewer units is subject to an abatement rule made under Subsection (1) or (3)(b)(v) if: (i) a sample from the property is tested for asbestos; and (ii) the sample contains asbestos measuring greater than 1 %. (7) The board may not issue, amend, renew, modify, revoke, or terminate any ofthe following that are subject to the authority granted to the director under Section 19-2-107 or 19-2-108: (a) a permit; (b) a license; (c) a registration; (d) a certification; or (e) another administrative authorization made by the director. (8) A board member may not speak or act for the board unless the board member is authorized by a majority ofa quorum ofthe board in a vote taken at a meeting ofthe board. (9) Notwithstanding Subsection (7) , the board may exercise all authority granted to the board by a federally enforceable state implementation plan.

19-2-105. Duties ofboard. The board, in conjunction with the governing body ofeach county identified in Section 41-6a-1643 and other interested parties, shall order the director to perform an evaluation ofthe inspection and maintenance program developed under Section 41-6a-1643 including issues relating to: (1) the implementation ofa



### C-6standardized inspection and maintenance program; (2) out-of-state registration ofvehicles 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 farm truck exemption; (5) mechanic training programs; (6) emissions standards; and (7) emissions waivers



### C-719-2-105.3. Clean fuel requirements for fleets. (a) "I990 Clean Air Act" means the federal Clean Air Act as amended in 1990. (b) "Clean fuel" means: (i) (i) propane, compressed natural gas, or electricity; (ii) other fuel the Air Quality Board created in Title 19, Chapter 2, Air Conservation Act, determines annually on or before July I 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 I990 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 under Title 41, Chapter Ia, Part 2, Registration, as farm vehicles; (vi) special mobile equipment as defined in Section 4I-1 a-I 02; (vii) heavy duty trucks with a gross vehicle weight rating ofmore than 26,000 pounds; (viii) regularly used by employees to drive to and from work, parked at the employees' personal residences when they are not at their employment, and not practicably fueled at a central location; (ix) owned, operated, or leased by public transit districts; or
. (x) exempted by board rule. (2) (a) After evaluation 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 (I) As used in this section:

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 I , 1995, unless the board determines fleet use of clean 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% ofthose 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). (d) A vehicle retrofit to operate on compressed natural gas in accordance with Section I9-I-406 qualifies as a clean fuel vehicle under this section. (3) (a) After evaluation ofreasonably available pollution control strategies, and as part ofa state implementation plan demonstrating only maintenance ofthe national ambient air quality standards, the board may by rule, subject to Subsection (3)(b), require fleets in specified geographical areas to use clean fuels ifthe board determines fleet use ofclean 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 compared 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:



### C-8(i) 30% ofa fleet to use clean fuels before January I, 1998 ; (ii) 50% ofa fleet to use clean fuels before January 1, 1999; and (iii) 70% ofa fleet to use clean fuels before January 1, 2000. (c) The board may not require more than 50% ofthose 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 (3)(b)

. (4) Rules the board makes under this section may include : (a) dates by which fleets are required to convert to clean fuels under the provisions of this section; (b) definitions offleet owners or operators; (c) definitions ofvehicles exempted from this section by rule ; (d) certification requirements for persons who install clean fuel conversion equipment, including testing and certification standards regarding installers; and (e) certification fees for installers, established under Section 63J-l-504. (5) Implementation ofthis section and rules made under this section are subject to the reasonable availability ofclean fuel in the local market as determined by the board

.

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

19-2-107. Director-- Appointment-- Powers.
( 1) The executive director shall appoint the director

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



### C-9quality ofthe outdoor atmosphere in all parts of Utah and take appropriate responsive action; (x) collect and disseminate information relating to air contamination and air pollution and conduct educational and training programs relating to air contamination and air pol1ution;

. (xi) assess and collect noncompliance penalties as required in Section 120 ofthe federal Clean Air Act, 42 U.S.C. Section 7420 ; (xii) comply with the requirements of federal air pollution laws; (xiii) subject to the provisions ofthis chapter, enforce rules through the issuance of orders, including: (A) prohibiting or abating discharges of wastes affecting ambient air; (B) requiring the construction ofnew control facilities or any parts ofnew control facilities or the modification, extension, or alteration ofexisting control facilities or any parts ofnew control facilities; or (C) adopting other remedial measures to prevent, control, or abate air pollution; and (xiv) as authorized by the board and subject to the provisions ofthis chapter, act as executive secretary ofthe board under the direction ofthe chairman ofthe board. (b) The director may: (i) employ full-time employees necessary to carry out this chapter; (ii) subject to the provisions ofthis chapter, authorize any employee or representative ofthe 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; (iii) encourage, participate in, or conduct studies, investigations, research, and demonstrations relating to air pollution and its causes, effects, prevention, abatement, and control , as advisable and necessary for the discharge ofduties assigned under this chapter, including the establishment ofinventories of pollution sources; (iv) collect and disseminate information relating to air pollution and the prevention, control, and abatement ofit; (v) cooperate with studies and research relating to air pollution and its control, abatement, and prevention; (vi) subject to Subsection (3), upon request, consult concerning the following with any person proposing to construct, install, or otherwise acquire an air contaminant source in Utah: (A) the efficacy ofany proposed control device or proposed control system for the source; or (B) the air pollution problem that may be related to the source, device, or system; (vii) accept, receive, and administer grants or other funds or gifts from public and private agencies, including the federal government, for the purpose ofcarrying out any ofthe functions ofthis chapter; (viii) subject to Subsection 19-2- 1 04(3)(b)(i), settle or compromise any civil action initiated by the division to compel compliance with this chapter or the rules made under this chapter; or (ix) as authorized by the board and subject to the provisions 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 ofany facility, land, building, machinery, or equipment or any part ofthem, in conformity with this chapter. (3) A consultation described in Subsection (2)(b)(vi) does not relieve a person from the requirements ofthis chapter, the rules adopted under this chapter, or any other provision oflaw.

19-2-1 08. Notice ofconstruction or modification ofinstallations required

-- Authority ofdirector to prohibit construction

-- Hearings --Limitations on authority ofdirector

-- Inspections authorized. (I) Notice shall be given to the director by any person planning to construct a new installation which will or might reasonably be expected to be a source or indirect source ofair pollution or to make modifications to an existing installation which will or might reasonably be



## c- 10expected to increase the amount ofor change the character or effect ofair contaminants discharged, so that the installation may be expected to be a source or indirect source of air pollution, or by any person planning to install an air cleaning device or other equipment intended to control emission ofair contaminants. (2) (a) (i) The director may require, as a condition precedent to the constructiqn, modification, installation, or establishment of the 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 director to a local authority when requested and upon assurance that the local authority has and will maintain sufficient expertise to insure that the planned i'nstallation will meet the requirements established by Jaw. (b) Ifwithin 90 days after the receipt of plans, specifications, or other information required under this subsection, the director determines that the proposed construction, installation, or establishment or any part ofit will not be in accord with the requirements of this chapter or applicable rules or that further time, not exceeding three extensions of30 days each, is required by the director to adequately review the plans, specifications, or other information, he shall issue an order prohibiting the construction, installation, or establishment of the air contaminant source or sources in whole or in part. (3) In addition to any other remedies, any person aggrieved by the issuance ofan order either granting or denying a request for the construction ofa new installation, and prior to invoking any such other remedies shall, upon request, in accordance with the rules ofthe department, be entitled to a permit review adjudicative proceeding conducted by an administrative lawjudge as provided by Section 19-1-301.5

. (4) Any features , machines, and devices constituting parts ofor called for by plans, specifications, or other information submitted under Subsection (1) shall be maintained in good working order. (5) This section does not authorize the director to require the use ofmachinery, devices, or equipment from a particular supplier or produced by a particular manufacturer ifthe required performance standards may be met by machinery, devices , or equipment otherwise available. (6) (a) Any authorized officer, employee, or representative ofthe director may enter and inspect any property, premise, or place on or at which an air contaminant source is located or is being constructed, modified, installed, or established at any reasonable time for the purpose ofascertaining the state of compliance with this chapter and the rules adopted under it. (b) (i) A person may not refuse entry or access to any authorized representative ofthe director who requests entry for purposes of inspection and who presents appropriate credentials. (ii) A person may not obstruct, hamper, or interfere with any inspection. (c) Ifrequested, the owner or operator ofthe premises shall receive a report setting forth all facts found which relate to compliance status.

19-2-109

. Air quality standards-- Hearings on adoption

-- Orders ofdirector

-- Adoption of emission control requirements

. (1) (a) The board, in adopting standards ofquality for ambient air, shall conduct public hearings
. (b) Notice of any public hearing for the consideration, adoption, or amendment ofair quality standards shall specify the locations to which the proposed standards apply and the time, date, and place ofthe hearing. (c) The notice shall be: (i) (A) published at least twice in any newspaper ofgeneral circulation in the area affected; and (B) published on the Utah Public Notice Website created in Section 63F-l-701 , at least



# c- 1120 days before the public hearing; and (ii) mailed at least 20 days before the public hearing to the**~hief** executive ofeach political subdivision ofthe area affected and to other persons the director has reason to believe will be affected by the standards. (d) The adoption ofair quality standards or any modification or changes to air quality standards shall be by order ofthe director following formal action ofthe board with respect to the standards

. (e) The order shall be published: (i) in a newspaper ofgeneral circulation in the area affected; and (ii) as required in Section 45

- 1-101. (2) (a) The board may establish emission control requirements by rule that in its judgment may be necessary to prevent, abate, or control air pollution that may be statewide or may vary from area to area, taking into account varying local conditions. (b) In adopting these requirements, the board shall give notice and conduct public hearings in accordance with the requirements in Subsection (1 )

.



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

. (1) As used in this section and Sections 19-2-109

.2 and 19-2-109.3: (a) "EPA" means the federal Environmental Protection Agency

. (b) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990. (c) "Operating permit" means a permit issued by the director to sources ofair pollution that meet the requirements ofTitles IV and V of the 1990 Clean Air Act. (d) "Program" means the air pollution operating permit program established under this section to comply with Title V ofthe 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 ofair pollution required to have a permit under Title V ofthe 1990 Clean Air Act without having obtained an operating permit from the director under procedures the board establishes by rule. (b) A person is not required to submit an operating permit application until the governor has submitted an operating permit program to the EPA

. (c) Any operating permit issued under this section may not become effective until the day after the EPA issues approval ofthe permit 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 director makes a written finding, after public comment and hearing, and based on substantial evidence in the record, that an operating permit term of less than five years is necessary to protect the public health and the environment ofthe state

. (b) The director may issue, modify, or renew an operating permit only after providing public notice, an opportunity for public comment, and an opportunity for a public hearing

.(c) The director shall, in conformity with the 1990 Clean Air Act and implementing federal regulations , revise the conditions of issued operating permits to incorporate applicable federal regulations in conformity with Section 502(b)(9) ofthe 1990 Clean Air Act, if the remaining period ofthe permit is three or more years. (d) The director may terminate, modify, revoke, or reissue an operating permit for cause
. (4) (a) The board shall establish a proposed annual emissions fee that conforms with Title V 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 631- 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



# c- 12direct and indirect costs required to develop and administer the program and the small business assistance program established under Section 19-2-109.2. The director shall prepare an annual report 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 under the program and for all regulated pollutants. (e) The fee may not be assessed for emissions ofany regulated pollutant ifthe emissions are already accounted for within the emissions ofanother regulated pollutant. (f) An emissions fee may not be assessed for any amount ofa regulated pollutant emitted by any source in excess of4,000 tons per year ofthat regulated pollutant. (5) Emissions fees accrued on and after July 1, 1993 , but before issuance ofan operating permit, shall be based on the most recent emissions inventory, unless a source elects before July 1, 1992, to base the fee on allowable emissions, ifapplicable 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 ofa source subject to this section fails to timely pay an annual emissions fee, the director 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 ofa source subject to this section may contest an emissions fee assessment or associated penalty in an adjudicative hearing under the Title 63G, Chapter 4, Administrative Procedures Act, and Section 19-1-301, as provided in this Subsection (8). (a) The owner or operator shall pay the fee under protest prior to being entitled to a hearing

. Payment ofan emissions 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 of the emissions fee and within six months after the emissions fee was due. (9) To reinstate an operating permit revoked under Subsection (7) the owner or operator shall pay all outstanding emissions fees, a penalty ofnot more than 50% ofall outstanding fees , and interest on the outstanding emissions fees computed at 12% annually. (I0) 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 director to act on any operating permit application or renewal is a final administrative action only for the purpose ofobtainingjudicial review by any ofthe following persons to require the director to take action on the permit or its renewal without additional delay: (a) the applicant; (b) any person who participated in the public comment process; or (c) any other person who could obtain judicial review ofthat action under applicable law.



### 19-2-109.2. Small business assistance program. (I) The board shall establish a small business stationary source technical and environmental compliance assistance program that conforms 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 (1). The seven panel members are: · (a) two members who are not owners or representatives of owners ofsmall business



# c- 13stationary air pollution sources, selected by the governor to represent the general public ; (b) four members who are owners or who represent owners ofsmall 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 ofthe Senate; (iii) one member selected by the majority leader ofthe House ofRepresentatives; and (iv) one member selected by the minority leader ofthe House ofRepresentatives; and (c) one member selected by the executive director to represent the Division of Air Quality, Department ofEnvironmental Quality.(3) (a) Except as required by Subsection (3)(b), as terms ofcurrent panel members expire, the department shall appoint each new member
or reappointed member to a four-year term. (b) Notwithstanding the requirements of Subsection (3)(a) , the department shall, at the time ofappointment or reappointment, adjust the length ofterms to ensure that the terms ofpanel members are staggered so that approximately halfofthe 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 oftheir terms. (6) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term. (7) Every two years, the panel shall elect a chair from its members. (8) (a) The panel shall meet as necessary to carry out its duties. Meetings may be called by the chair, the director, or upon written request 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 of members present is the action ofthe panel. ( 1

0) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with : (a) Section 63A-3-l06 ; (b) Section 63A-3-107 ; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-1 06 and 63A-3-107 (9) Four members constitute a quorum at any meeting, and the action ofthe majority of members present is the action ofthe panel. (10) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106 ; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107 expiration oftheirterms and until their successors are appointed, but not more than 90 days after the expiration oftheir terms.



# c -1419-2-109.3. Public access to information. A copy ofeach permit application, compliance plan, emissions or compliance monitoring report, certification, and each operating permit issued under this chapter shall be made available to the public in accordance with Title 63 , Chapter 2, Government Records Access and Management Act.

19-2-109.5. Private sector air quality permitting professionals certification program. (1) As used in this section, "AQPP" means an air quality permitting professional. (2) The board may establish a program to certifY private sector AQPPs, including consultants and employees ofcompanies 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 ofan AQPP by passing the exam without undergoing any training required under the program; (d) an application process, including a fee established under Section 63-38-3.2 that covers the costs ofthe training, testing, and application process and the department's maintenance of a list ofcertified AQPPs; (e) certification ofqualified AQPP applicants; (f) maintenance by the department of a current list ofcertified AQPPs, which is available to the public; and (g) procedures for the expedited review by the department ofair 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 ofintent or operating permit application under this chapter. (4) Any program under this section shall provide for revocation of any certification issued under this section ifthe department determines, through an administrative hearing conducted under Title 63, Chapter 46b, Administrative Procedures Act, that the AQPP: (a) knowingly or negligently submitted false information or data as part ofan air quality permit application; (b) prepared more than three air quality permit applications in one calendar year in a manner that each did not substantially comply with department application requirements; (c) prepared any air quality permit application in violation ofthe professional standards defined by department rule.

19-2-110. Violations

-- Notice to violator

-- Corrective action orders

-- Conference, conciliation, and persuasion by director

-- Hearings. (1) Whenever the director has reason to believe that a violation ofany provision ofthis chapter or any rule issued under it has occurred, the director may serve written notice ofthe violation upon the alleged violator. The notice shall specifY the provision ofthis chapter or rule alleged to be violated, the facts alleged to constitute the violation, and may include an order that necessary corrective action be taken within a reasonable time. (2) Nothing in this chapter prevents the director from making efforts to obtain voluntary compliance through warning, conference, conciliation, persuasion, or other appropriate means
. (3) Hearings may be held before an administrative lawjudge as provided by Section 19-1-301.

19-2-112. Generalized condition ofair pollution creating emergency
-- Sources causing imminent danger to health --Powers of executive director

-- Declaration of emergency. (1) (a) Title 63G, Chapter 4,



## c- 15Administrative Procedures Act, and any other provi sion oflaw 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 ofair 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 ofthis hearing, and without adjournment ofit, the governor shall affirm, modify, or set aside the order ofthe executive director.(2) (a) In the absence ofa generalized condition ofair pollution referred to in Subsection (1), but ifthe executive director finds that emissions from the operation ofone or mor e air contaminant sources is causing imminent danger to human health or safety, the executive director may commence adjudicative proceedings under Section 63G-4

-502. (b) Notwithstanding Section 19-1-301 or 19-1-301.5 , the executive director may conduct the emergency adjudicative proceeding in place ofan administrative lawjudge

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

.

19
-2-113
. Variances-- Judicial review
. (1) (a) Any person who owns or is in control ofany plant, buiI ding, structure, establishment, process, or equipment may apply to the board for a variance from its rules. (b) The board may grant the requested variance following an announced public meeting, if it finds , after considering the endangerment to human health and safety and other relevant factors , that compliance with the rules from which variance is sought would (c) To receive a renewal, an applicant
shall submit a request for agency action to the 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 ofa variance shall be granted within the requirements of Subsection (I) 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 ofany substitute or alternate measures that the board may prescribe; (b) (i) ifthe variance is granted on the grounds that compliance with the requirements from which variance is sought will require that
measures, because 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) Ifa complaint is made to the board because ofthe variance, a renewal may not be granted unless, following an announced public meeting, the board finds that renewal isjustified. board requesting a renewal. (d) Immediately upon receipt ofan



## c- 16application for renewal, the board shall give public notice ofthe application as required by its rules. (5) (a) A variance or renewal is not a right ofthe applicant or holder but may be granted at the board's discretion. (b) A person aggrieved by the board's decision may obtainjudicial review. (c) Venue forjudicial review of informal adjudicative proceedings is in the district court in which the air contaminant source is situated. (6) (a) The board may review any variance during the term for which it was granted.(b) The review procedure is the same as that for an original application

. (c) The variance may be revoked upon a finding that: (i) the nature or amount ofemission has changed or increased; or (ii) iffacts existing at the date ofthe 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. Tl}e following are not a violation ofthis chapter or ofany rules made under it: (1) burning incident to horticultural or agricultural operations of: (a) prunings from trees, bushes, and plants ; or (b) dead or diseased trees, bushes, and plants, including stubble; (2) burning ofweed growth along ditch banks incident to clearing these ditches for irrigation purposes; (3) controlled heating oforchards or other crops to lessen the chances oftheir being frozen so long as the emissions from this heating do not violate minimum standards set by the board; and (4) the controlled burning ofnot more than two structures per year by an organized and operating fire department for the purpose of training fire service personnel when the United States Weather Service clearing index is above 500

.



### 19-2-115. Violations-- Penalties-- Reimbursement for expenses. (1) As used in this section, the terms "knowingly," "willfully," and "criminal negligence" shall mean as defined in Section 76- 2-103. (2) (a) A person who violates this chapter, or any rule, order, or permit issued or made under this chapter is subject in a civil proceeding to a penalty not to exceed $10,000 per day for each violation. (b) Subsection (2)(a) also applies to rules made under the authority of Section 19-2- 104, for implementation ofl5 U.S.C.A. 2601 et seq., Toxic Substances Control Act, Subchapter II

- Asbestos Hazard Emergency Response. (c) Penalties assessed for violations described in 15 U.S

.C.A. 2647, Toxic Substances Control Act, Subchapter IIAsbestos 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 ofa class A misdemeanor and is subject to imprisonment under Section 76-3-204 and a fine ofnot more than $25 ,000 per day ofviolation 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 ofa third degree felony and is subject to imprisonment under Section 76-3-203 and a fine ofnot more than $25 ,000 per day ofviolation who knowingly: (a) makes any false material statement, representation, or certification, in any notice or report required by permit; or (b) renders inaccurate any monitoring device or method required to be maintained by this chapter or applicable rules made under this chapter.



# c- 17(5) Any fine or penalty assessed under Subsections (2) or (3) is in lieu ofany penalty under Section 19-2-109

. 1. (6) A person who willfully violates Section 19-2-120 is guilty ofa class A misdemeanor. (7) A person who knowingly violates any requirement ofan applicable implementation plan adopted by the board, more than 30 days after having been notified in writing by the director that the person is violating the requirement, knowingly violates an order issued under Subsection 19-2-11 0(1 ), or knowingly handles or disposes ofasbestos in violation of a 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 ofviolation in the case ofthe first offense, and not more than $50,000 per day ofviolation in the case of subsequent offenses

. (8) (a) As used in this section: (i) "Hazardous air pollutant" means any hazardous air pollutant listed under 42 U.S

.C. Sec. 7412 or any extremely hazardous substance listed under 42 U.S

.C. Sec. 11002(a)(2). (ii) "Organization" means a legal entity, other than a government, established or organized for any purpose, and includes a corporation, company, association, firm , partnership,joint stock company, foundation, institution, trust, society, union, or any other association ofpersons
. (iii) "Serious bodily injury" means bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment ofthe function of a bodily member, organ, or mental faculty. (b) (i) A person is guilty ofa class A misdemeanor and subject to imprisonment under Section 76-3-204 and a fine ofnot more than $25 ,000 per day ofviolation ifthat person with criminal negligence : (A) releases into the ambient air any hazardous air pollutant; and (B) places another person in imminent danger ofdeath 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 ofsenior management personnel or a corporate officer. (c) A person is guilty ofa second degree felony and is subject to imprisonment under Section 76-3-203 and a fine ofnot more than $50,000 per day ofviolation ifthat person : (i) knowingly releases into the ambient air any hazardous air pollutant; and (ii) knows at the time that the person is placing another person in imminent danger of death or serious bodily injury. (d) If a person is an organization, it shall, upon conviction 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 : (A) the defendant's conduct placed another person in imminent danger ofdeath or serious bodily injury ; and (B) the defendant was aware ofor believed that there was an imminent danger of death or serious bodily injury to another person
. (ii) Knowledge possessed by a person other than the defendant may not be attributed to the defendant. (iii) Circumstantial evidence may be used to prove that the defendant possessed actual knowledge, including evidence that the defendant took affirmative steps to be shielded from receiving relevant information. (f) (i) It is an affirmative defense to prosecution under this Subsection (8) that the conduct charged was freely consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of: (A) an occupation, a business, a profession; or (B) medical treatment or medical or scientific experimentation conducted by professionally approved methods and the other person was aware ofthe risks involved prior to giving consent. (ii) The defendant has the burden of proofto establish any af firmative defense under this Subsection (8)(f) and shall prove that



## c- 18defense by a preponderance ofthe 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 itselfand local governments from money collected from civil penalties for extraordinary expenses incurred in environmental enforcement activities. (c) The department shall regulate reimbursements by making rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that: (i) define qualifying environmental enforcement activities; and (ii) define qualifying extraordinary expenses
.



### 19-2-116. Injunction or other remedies to prevent violations

- Civil actions not abridged. (1) Action under Section 19-2-115 does not bar enforcement ofthis chapter, or any ofthe rules adopted under it or any orders made under it by injunction or other appropriate remedy. The director has the power to institute and maintain in the name 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 ofany person to damages or other reliefon account of injury to persons or property and to maintain any action or other appropriate proceeding for this purpose
. (3) (a) In addition to any other remedy created in this chapter, the directo
· r may initiate an action for appropriate injunctive relief: (i) upon failure of any person to comply with: (A) any provision ofthis chapter; (B) any rule adopted under this chapter;
or (C) any final order made by the board, the director, or the executive director; and (ii) when it appears necessary for the protection ofhealth and welfare. (b) The attorney general shall bring injunctive reliefactions on request. (c) A bond is not required

.



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

-- Duties of attorney general and county attorneys. ( 1) The attorney general is the legal advisor to the board and the director and shall defend them or any ofthem in all actions or proceedings brought against them or any of them

. (2) The county attorney in the county in which a cause ofaction arises may, upon request ofthe board or the director, bring any action, civil or criminal, to abate a condition which exists in violation of , or to prosecute for the violation ofor to enforce, this chapter or the standards, orders, or rules ofthe board or the director issued under this chapter. (3) The director may bring any action and be represented by the attorney general. (4) In the event any person fails to comply with a cease and desist order ofthe board or the director that is not subject to a stay pending administrative orjudicial review, the director may initiate an action for, and is entitled to, injunctive reliefto prevent any further or continued violation ofthe order.



### 19-2-118. Violation of injunction evidence of contempt. Failure to comply with the terms ofany injunction issued under this chapter is prima facie evidence ofcontempt 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 ofGod or other catastrophes. (1) Existing civil or criminal remedies for any wrongful action which is a violation of any part ofthe law are not excluded by this chapter. (2) Persons other than the state or the



# c- 19board do not acquire actionable rights by virtue ofthis chapter. (3) The liabilities imposed for violation ofthis chapter are not imposed for any violation caused by an act ofGod, war, strike, riot, or other catastrophe.



### 19-2-120. Information required ofowners or operators of air contaminant sources. The owner or operator ofany stationary air contaminant source in the state shall furnish to the director the reports required by rules made in accordance with Section I9-2-I04 and any other information the director finds necessary to determine whether the source is in compliance with state and federal regulations and standards

. The information shall be correlated with applicable emission standards or limitations and shall be available to the public during normal business hours at the office ofthe division. (c) fix the compensation ofthe agency's members and employees

.



### 19-2-123. Tax reliefto encourage investment in facilities

-- Sales and use tax exemption. (1) It is in the public interest ofthe 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 ofexisting 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 I2, Sales and Use Tax Act, upon obtaining a certification ofpollution control facility from the board. 

### 19-2-121. Ordinances ofpolitical 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 and department. (I) Any political subdivision ofthe state may enter into and perform with other political subdivisions ofthe state or with the department contracts and agreements as they find proper for establishing, planning, operating, and financing air pollution programs. (2) The agreements may provide for an agency to: (a) supervise and operate an air pollution program; (b) prescribe, subject to the approval of the board, the agency's powers and duties; and



### 19-2-124. Application for certification of pollution control facility-- Refunds-- Interest. (I) (a) A person who qualifies under Subsection (2) may apply to the board for certification ofa pollution control facility or facilities erected, constructed, or installed, or to be erected, constructed, or installed in the state on or after July I, I986, but on or before June 30, 2009. (b) The person may file the application at any time after a firm construction contract has been entered or construction has commenced. (2) (a) (i) A person who applies under Subsection (I) shall be the owner of a trade or business that uses property in the state requiring a pollution control facility to prevent or mirumize pollution or a person who, as a lessee or pursuant to an agreement, conducts the trade or business that operates or uses the property. (ii) For purposes ofthis 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



# c- 20for a pollution control facility may claim an exemption from sales and use taxes as provided in Sections 19-2-123 and 59-12-104 only during the time period beginning on or after July 1, 1986, and ending on or before June 30, 2009. (d) A person who pays a tax under Title 59, Chapter 12, Sales and Use Tax Act, on a purchase oftangible personal property or services used in the construction ofor 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-I2- I04(II), 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 (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 I2, Sales and Use Tax Act, for which the person is claiming a refund; or {B) more than 180 days after the day on which the board certifies the pollution control facility , interest shall be added to the amount of the refund granted by the State Tax Commission: (I) at the rate prescribed in Section 59- I-402; and (A) at the rate prescribed in Section 59- 1-402 ; and (B ) beginning 30 days after the day on which the person files a claim for a refund under Subsection (2)(d). (3) (a) Each application shall be in a format prescribed by the board, contain a description ofthe facilities and materials incorporated in them, the machinery and equipment, the existing or proposed operational procedure, and a statement ofthe purpose of pollution prevention, control, or reduction (II) six years after the day on which the person pays the tax under Title 59, Chapter 12, Sales and Use Tax Act; or (ii) is certified under Section I9-2-125 , may obtain a refund ofthe tax if : (A) the tangible personal property or services meet the requirements for exemption provided in Subsections I9-2-123(2) and 59-I2- I04(11 ) ; and (B) the person files a claim for the refund with the State Tax Commission within three years after the day on which the person pays the tax under Title 59, Chapter I2, Sales and Use Tax Act. (e) (i) Ifa person files a claim for a refund oftaxes under Subsection (2)(d)(i) paid on a purchase oftangible personal property or services used in the construction ofor incorporated into a pollution control facility that was not certified under Section I9-2-I25 at the time ofthe purchase : (A) within I80 days after the day on which the board certifies the pollution control facility, interest shall accrue to the amount ofthe refund granted by the State Tax Commission: (II) beginning 30 days after the day on which the person files the claim for a refund under Subsection (2)(d). (ii) Ifa 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 construction ofor 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 :
served or to be served by the facility. (b) The board may require any further information it finds necessary before issuance of a certificate.

19-2-125. Action on application for certification. (I) (a) Ifthe board, after consulting with the State Tax Commission, finds that a pollution control facility or a part ofa pollution control facility , for which application is made



## c- 21under Section 19-2-124 was or is to be erected, constructed, acquired, or installed on or after July 1, 1986, but on or before June 30, 2009, and is designed and is being operated or will operate primarily to prevent, control , or reduce air or water pollution, and that the applicant qualifies under Section 19-2-124, the board shall certify the facility

. (b) 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 120th day after filing. (b) Failure ofthe board and the State Tax Commission to timely act constitutes automatic acceptance ofthe application and the board shall furnish a certificate to the applicant on demand.



### 19-2-126. Revocation ofcertification-- Grounds
-- Procedure. (I) (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 as 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 ofthe certificate may obtainjudicial review ofthe revocation. (c) The revocation is final and conclusive unless an appeal is taken. (d) Ifthe revocation is affirmed on appeal, revocation is final on the date notice of revocation was received by the holder. (3) As soon as a revocation under this section is final, the board shall notify the State Tax Commission ofthe revocation

. (4) (a) Ifthe certification ofa pollution control facility is revoked, all prior tax relief provided to the holder because ofthe certificate is forfeited

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



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



## c- 22

# Utah Administrative Rulemaking Act

Utah Code Title 630, Chapter 3 (Feb 13 , 2014)

630-3-10I. Title

.. .. ....... .............. .. ...... .... ..... ..... . ... ......... ... ...... .. ..... ... ..... .... ... .... .. .. ..... ........ .......... ............. .... . ... ... .... .. . 1 630-3-102. Definitions

.... .. ......................... ...... ....... ... ...... ... ....... .. ... .. .. .. .. ... ...... ... .. ............. .. .. ... ... ........ ... ... ........... ..... 1 630-3-20I. When rulemaking is required

. .... ........... ... .. ...... .. .... .. .. . ............ . .... ........... .. ... ..... ......... ................... ....... ... .3 630-3-202

. Rules having the effect oflaw

.. ......... .......... ... .. ..... ... .... .. ... ................ .. ... .. ... ....... ..... ... ........ . .... ..... ..... .... ..4 630-3-301. Rulemaking procedure

.. ....... ... .... .. ....... .......... .. ..... .... .. . ..... ..... . ......................... ..... ... .... ... ... ........ ..... .. ...... .4 630-3-302

. Public hearings

.... .... . ................... .... .. ... ..... .. ... ... ....... ... ... . .... .. ..... ...... ... ..... ...... ....... . .................. .... ..... .. ....6 630-3-303

. Changes in rules

....... ......................... .... ... ..... ...... .. .. ... .. ....... .......... ... . ... .............. ... .... ...... .. ........ .... ...... .... .7 630-3-304. Emergency rulemaking procedure

............... ... .. .. .. .... .... ......... . ....... ............................ ..... ..... ...... ... ...... .. ...7 630-3-305. Agency review ofrules

-- Schedule offilings --Limited exemption for certain rules

............. .. ...... ....... & 630-3-401. Division ofAdministrative Rules created --Appointment ofdirector.

... .... ........ .... ... ... ... ... .. .. .. .... .. ..... ....9 630-3-402

. Division ofAdministrative Rules-- Duties generally

...... ... ...... ........ ... ...... ...... .... ... . ... ...... .. ... ..... ......... ...9 630-3-403. Repeal and reenactment ofUtah Administrative Code

..... .... ....... .. ....... .... .... .... .,..... ..... ... .... . ... .............. ]0 630-3-501. Administrative Rules 

### Review Committee

... ... ........ ... .. .. ........ . ... .... . ...... ..... ....... .... ....... ...... ... ..... ... .... .. . 12 630-3-502. Legislative reauthorization ofagency rules

-- Extension ofrules by governor.
........................... ...... ... 13 630-3-601. Interested parties-- Petition for agency action

.... ... .. ...... .... ... ... ....... ...... ... .... ..... .................................... 14 630-3-602. Judicial challenge to administrative rules

.. ... ..... ...... .. .. .. .... .. ..... .. ..... ............. ......... . ... .. .... ..... ..... ... .. ... ... . 14 630-3-603

. Time for contesting a rule-- Statute oflimitations

. ..... ... . ....... ....... ...... ... .... ..... ... .. ........ ..... ...... ........ ...... 16 630-3-701. Utah Administrative Code as official compilation ofrules-- Judicial notice

... ... ..... ............ ... .. ..... .... ...I6 630-3-702. Utah Administrative Code

-- Organization

-- Official compilation

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



### 63G-3-101. Title. This chapter is known as the "Utah Administrative Rulemaking Act."
Renumbered and Amended by Chapter 382, 2008 General Session



### 63G-3-102. Definitions. As used in this chapter: (1) "Administrative record" means information an agency relies upon when making a rule under this chapter including:

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



# c- 23

### rules , adjudicate, grant or withhold licenses, grant or withhold relieffrom legal obligations, or perform other similar actions or duties delegated by law. (3) "Bulletin" means the Utah State Bulletin. 

### (4) "Catchline" means a short summary ofeach section, part, rule, or title ofthe code that follows the section, part, rule, or title reference placed before the text ofthe rule and serves the same function as boldface in legislation as described in Section 68-3-13. 

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

### (7) "Division" means the Division ofAdministrative Rules. 

### (8) "Effective" means operative and enforceable. 

### (9) (a) "File" means to submit a document to the division as prescribed by the division. (b) "Filing date" means the day and time the document is recorded as received by the division

. (10) "Interested person" means any person affected by or interested in a proposed rule, amendment to an existing rule, or a nonsubstantive change made under Section 630-3-402. (11) "Order" means an agency action that determines the legal rights, duties , privileges, immunities, or other interests ofone or more specific persons, but not a class ofpersons. (12) "Person" means any individual, partnership, corporation, association, governmental entity, or public or private organization ofany character other than an agency. (13) "Publication" or "publish" means making a rule available to the public by including the rule or a summary ofthe rule in the bulletin

. (14) "Publication date" means the inscribed date ofthe bulletin. (15) "Register" may include an electronic database. (16) (a) "Rule" means an agency's written statement that: (i) is explicitly or implicitly required by state or federal statute or other applicable law; (ii) implements or interprets a state or federal legal mandate; and (iii) applies to a class ofpersons or another agency
. (b) "Rule" includes the amendment or repeal ofan existing rule. (c) "Rule" does not mean: (i) orders; (ii) an agency's written statement that applies only to internal management and that does not restrict the legal rights ofa 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 rulings issued by the agency according to Section 630-4-503 except as required by Section 630-3-201 ; (vi) rulings 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 divi sion to summarize and analyze rules. (18) "Small business" means a business employing fewer than 50 persons
. (19) "Substantive change" means a change in a rule that affects the application or results ofagency actions.



# c- 24

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



### 63G-3-201. When rulemaking is required. (1) 

### Each agency shall: (a) maintain a current version ofits rules ; and (b) make it available to the public for inspection during its regular business hours. (2) In addition to other rulemaking required by Jaw, each agency shall make rules when agency action: (a) authorizes, requires , or prohibits an action ; (b) provides or prohibits a material benefit; (c) applies to a class ofpersons or another agency ; and (d) is explicitly or implicitly authorized by statute. (3) Rulemaking is also required when an agency issues a written interpretation ofa state or federal legal mandate. (4) Rulemaking is not required when: (a) agency action applies only to internal agency management, inmates or residents ofa state correctional, diagnostic, or detention facility, persons under state legal custody, patients admitted to a state hospital, members ofthe 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 conform to the requirements of Subsections (2) and (3) ; or (d) an agency makes nonsubstantive changes in a rule, except that the agency shall file all nonsubstantive changes in a rule with the division. (5) (a) A rule shall enumerate any penalty authorized by statute that may result from its violation, subject to Subsections (5)(b) and (c)

. (b) A violation ofa rule may not be subject to the criminal penalty ofa class C misdemeanor or greater offense, except as provided under Subsection (5)(c). (c) A violation ofa rule may be subject to a class Cor greater criminal penalty under Subsection (5)(a) when: (i) authorized by a specific state statute;

. (ii) a state Jaw and programs under that Jaw 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 Jess than corresponding federal civil or criminal penalties. (6) Each agency shall enact rules incorporating the principles oflaw not already in its rules that are established by final adjudicative decisions within 120 days after the decision is announced in its cases
. (7) (a) Each agency may enact a rule that incorporates by reference: (i) all or any part ofanother code, rule, or regulation that has been adopted by a federal agency, an agency or political subdivision ofthis state, an agency ofanother state, or by a nationally recognized organization or association; (ii) state agency implementation plans mandated by the federal government for participation in the federal program ;



# c- 25

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

. Amended by Chapter 347, 2009 General Session 

# 63G-3-202. Rules having the effect of law . (1) An agency's written statement is a rule ifit conforms to the definition ofa rule under Section 63G-3-102, but the written statement is not enforceable unless it is made as a rule in accordance with the requirements ofthis chapter. (2) An agency's written statement that is made as a rule in accordance with the requirements ofthis chapter is enforceable and has the effect of law

. Renumbered and Amended by Chapter 382, 2008 General Session 

# 63G-3
-301. Rulemaking procedure. (I) An agency authorized to make rules is also authorized to amend or repeal those rules

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



## c- 26

### (c) (i) The division shall publish the information required under Subsection (8) on the rule analysis and the text ofthe proposed rule in the next issue ofthe bulletin. (ii) For rule amendments, only the section or subsection ofthe rule being amended need be printed. (iii) Ifthe director determines that the rule is too long to publish, the director shall publish the rule analysis and shall publish the rule by reference to a copy on file with the division. (5) Prior to filing a rule with the division, the department head shall consider and comment on the fiscal impact a rule may have on businesses. (6) Ifthe agency reasonably expects that a proposed rule will have a measurable negative fiscal impact on small businesses, the agency shall consider, as allowed by federal law, each ofthe following methods ofreducing the impact ofthe 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 contained in the proposed rule

. (7) Ifduring the public comment period an agency receives comment that the proposed rule will cost small business more than one day's annual average gross receipts, and the agency
. had not previously performed the analysis in Subsection (6) , the agency shall perform the analysis described in Subsection (6). (8) The rule analysis shall contain: (a) a summary ofthe rule or change ; (b) the purpose ofthe rule or reason for the change ; (c) the statutory authority or federal requirement for the rule ; (d) the anticipated cost or savings to : (i) the state budget; (ii) local governments; (iii) small businesses ; and (iv) persons other than small businesses, businesses, or local governmental entities ; (e) the compliance cost for affected persons ; (f) how interested persons may review the full text ofthe rule ; (g) how interested persons may present their views on the rule ; (h) the time and place ofany scheduled public hearing; (i) the name and telephone number ofan agency employee who may be contacted about the rule; 

### G) the name ofthe agency head or designee who authorized the rule; (k) the date on which the rule may become effective following the public comment period; and (I) comments by the department head on the fiscal impact the rule may have on businesses

.



## c- 27

### (9) (a) For a rule being repealed and reenacted, the rule analysis shall contain a summary that generally incl udes the following: (i) a summary of substantive provisions in the repealed rule which are eliminated from the enacted rule ; and (ii) a summary ofnew substantive provisions appearing only in the enacted rule. (b) The summary required under this Subsection (9) is to aid in review and may not be used to contest any rule on the ground ofnoncompliance with the procedural requirements ofthis chapter. (10) A copy ofthe rule analysis shall be mailed to all persons who have made timely request ofthe agency for advance notice ofits rulemaking proceedings and to any other person who, by statutory or federal mandate or in thejudgment 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 rule. (b) The agency shall review and evaluate all public comments submitted in writing within the time period under Subsection (11)(a) or presented at public hearings conducted by the agency within the time period under Subsection (11)(a). (12) (a) Except as provided in Sections 63G

-3-303 and 63G-3-304, a proposed rule becomes effective on any date specified by the agency that is no fewer than seven calendar days after the close ofthe 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 ofeffective date may not provide for an effective date prior to the date it is received by the division. (d) The division shall publish notice ofthe effective date ofthe rule in the next issue of the bulletin

. (e) A proposed rule lapses ifa notice ofeffective date or a change to a proposed rule 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 ofpublication in accordance with Subsection ( 4), ofan agency's proposed rule that is required by state statute

. (b) A state agency shall initiate rulemaking proceedings no later than 180 days after the effective date ofthe statutory provision that specifically requires the rulemaking, except under Subsection (13)(c). (c) When a statute is enacted that requires agency rulemaking and the af fected agency already has rules in place that meet the statutory requirement, the agency shall submit the rules to the Administrative Rules Review Committee for review within 60 days after the statute requiring the rulemaking takes effect. (d) Ifa state agency does not ini tiate rulemaking proceedings in accordance with the time requirements in Subsection (13)(b) , the state agency shall appear before the legislative Administrative Rules Review Committee and provide the reasons for the delay.
Amended by Chapter 93, 2009 General Session 

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

c- 28

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

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

. Renumbered and Amended by Chapter 382,2008 General Session 

# 63G-3
-303. Changes in rules. (1) (a) To change a proposed rule already published in the bulletin, an agency shall file with the division: (i) the text ofthe changed rule; and (ii) a rule analysis containing a description ofthe change and the information required by Section 63G-3-301. (b) A change to a proposed rule may not be filed more than 120 days after publication ofthe rule being changed. (c) The division shall publish the rule analysis for the changed rule in the bulletin. (d) The changed proposed rule and its associated proposed rule will become effective on 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 ifa notice of effective 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) lfthe rule change is nonsubstantive: (a) the agency need not comply with the requirements of Subsection (1); and (b) the agency shall notify the division ofthe change in writing. (3) Ifthe rule is effective, the agency shall amend the rule according to the procedures specified in Section 63G-3-301.
Renumbered and Amended by Chapter 382, 2008 General Session 

# 63G-3-304. Emergency rulemaking procedure. (1) All agencies shall comply with the rulemaking procedures of Section 63G-3-301 unless an agency finds that these procedures would: (a) cause an imminent peril to the public health, safety, or welfare; (b) cause an imminent budget reduction because ofbudget restraints or federal requirements; or (c) place the agency in violation offederal or state law.



## c - 29

### (2) (a) When finding that its rule is excepted from regular rulemaking procedures by this section, the agency shall file with the division: (i) the text ofthe rule; and (ii) a rule analysis that includes the specific reasons andjustifications for its findings. (b) The division shall publish the rule in the bulletin as provided in Subsection 63G-3-301(4). (c) The agency shall notify interested persons as provided in Subsection 63G-3-301(10). (d) The rule becomes effective for a period not exceeding 120 days on the date offiling or any later date designated in the rule

. (3) Ifthe agency intends the rule to be effective beyond 120 days, the agency shall also comply with the procedures of Section 63G-3-301.
Amended by Chapter 300, 2008 General Session Renumbered and Amended by Chapter 382, 2008 General Session 

# 63G-3-305. Agency review ofrules-- Schedule offilings
-- Limited exemption for certain rules. (1) Each agency shall review each of its rules within five years ofthe rule's original effective date or within five years ofthe filing ofthe last five-year review, whichever is later. Rules effective prior to 1992 need not be reviewed until 1997. (2) An agency may consider any substantial review ofa rule to be a five-year review. Ifthe agency chooses to consider a review a five-year review, it shall follow the procedures outlined in Subsection (3). (3) At the conclusion of its review, the agency shall file a notice ofreview on or before the anniversary date indicating its intent to continue, amend, or repeal the rule. (a) Ifthe agency continues the rule, it shall file a statement which includes: (i) a concise explanation ofthe particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule; (ii) a summary ofwritten comments received during and since the last five-year review ofthe rule from interested persons supporting or opposing the rule; and (iii) a reasonedjustification for continuation ofthe rule, including reasons why the agency disagrees with comments in opposition to the rule, if any. (b) lfthe agency repeals the rule, it shall comply with Section 63G-3-301. (c) Ifthe agency amends and continues the rule, it shall comply with the requirements of Section 63G-3-301 and file the statement required in Subsection (3)(a)

. (4) (a) The division shall publish the notice and statement in the bulletin. (b) The division may schedule the publication ofagency notices and statements, provided that no notice and statement shall be published more than one year after the review deadline established under Subsection (1)

. (5) The division shall notify an agency ofrules due for review at least 180 days prior to the anniversary date

. (6) If an agency finds that it will not meet the deadline established in Subsection (1): (a) the agency may file an extension prior to the anniversary date with the division indicating the reason for the extension; and (b) the division shall publish notice 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



## c- 30

### anniversary date. (8) Ifan agency fai ls 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 ofthe bulletin that the rule has expired and is no longer enforceable ; (b) remove the rule from the code ; and (c) notify the agency that the rule has expired. (9) After a rule expires, an agency must comply with the requirements of Section 63G-3-301 to reenact the rule.
Amended by Chapter 384, 2012 General Session 

# 63G-3-401
. Division ofAdministrative Rules created
-- Appointment ofdirector
. (1) There is created within the Department ofAdministrative Services the Division of Administrative Rules, to be administered by a director

. (2) The director ofadministrative rules shall be appointed by the executive director with the approval ofthe governor.
Renumbered and Amended by Chapter 382, 2008 General Session 

# 63G-3-402. Division ofAdministrative Rules-- Duties generally. (1) 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 ofall 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 ofeffective dates, and review notices in the bulletin at least monthly, except that the division may publish the complete text of any proposed rule that the director determines is too long to print or too expensive to publish by reference to the text maintained by the division; (e) compile, format, number, and index all effective rules in an administrative code, and periodically publish that code and supplements or revisions to it; (f) publish a digest of all rules and notices contained in the most recent bulletin; (g) publish at least annually an index ofall changes to the administrative code and the effective date ofeach change ; (h) print, or contract to print, all rulemaking publications the division determines necessary to implement this chapter; (i) distribute without charge the bulletin and administrative code to state-designated repositories, the Administrative Rules Review Committee, the Office ofLegislative Research and General Counsel, and the two houses ofthe Legislature ; 

### G) distribute without charge the digest and index to state legislators, agencies, political



# c- 31

### 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; (m) ifthe Department ofAdministrative Services operates the division as an internal service fund agency in accordance with Section 63A-1-109.5 , submit to the Rate Committee established in Section 63A-1-114: (i) the proposed rate and fee schedule as required by Section 63A-1-114; and (ii) other information or analysis requested by the Rate Committee; and (n) administer this chapter and require state agencies to comply with filing, publication, and hearing procedures. (2) The division may after notifying the agency make nonsubstantive changes to rules filed with the division or published in the bulletin or code by: (a) implementing a uniform system offormatting, 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 ofeach section, part, rule, or title; (d) updating or correcting annotations associated with a section, part, rule, or title; and (e) merging or determining priority ofany amendment, enactment, or repeal to the same rule or section made effective by an agency. (3) In addition, the division may make the following nonsubstantive changes with the concurrence ofthe agency: (a) eliminate duplication within rules; (b) eliminate obsolete and redundant words ; and (c) correcting defective or inconsistent section and paragraph structure in arrangement ofthe subject matter ofrules. (4) For nonsubstantive changes made in accordance with Subsection (2) or (3) after publication ofthe rule in the bulletin, the division shall publish a list ofnonsubstantive changes in the bulletin. For each nonsubstantive change, the list shall include: (a) the affected code citation ; (b) a briefdescription ofthe change; and (c) the date the change was made. (5) All funds appropriated or collected for publishing the division's publications shall be nonlapsing.
Amended by Chapter 341 , 2010 General Session 

# 63G-3-403. Repeal and reenactment of Utah Administrative Code
. (1) 

### When the director determines that the Utah Administrative Code requires extensive revision and reorganization, the division may repeal the code and reenact a new code according to the requirements ofthis section

. (2) The division may: (a) reorganize, reformat, and renumber the code ;



## c- 32

### (b) require each agency to review its rules and make any organizational or substantive changes according to the requirements of Section 63G-3-303; and (c) require each agency to prepare a brief summary ofall substantive changes made by the agency. (3) The division may make nonsubstantive changes in the code by: (a) adopting a uniform system ofpunctuation, capitalization, numbering, and wording; (b) eliminating duplication; (c) correcting defective or inconsistent section and paragraph structure in arrangement ofthe 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 ofeach section, part, rule, or title; (g) updating or correcting annotations associated with a section, part, rule, or title; and (h) merging or determining priority ofany amendment, enactment, or repeal to the same rule or section made effective by an agency. (4) (a) To inform the public about the proposed code reenactment, the division shall publish in the bulletin: (i) notice ofthe code reenactment; (ii) the date, time, and place ofa public hearing where members ofthe public may comment on the proposed reenactment ofthe code; (iii) locations where the proposed reenactment ofthe code may be reviewed; and (iv) agency summaries of substantive changes in the reenacted code. (b) To inform the public about substantive changes in agency rules contained in the proposed reenactment, each agency shall: (i) make the text oftheir reenacted rules available: (A) for public review during regular business hours; and (B) 

### in an electronic version; and (ii) comply with the requirements of Subsection 63G-3-30 1(1 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 ofthe 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 ofall agency rules.
Amended by Chapter 300, 2008 General Session Renumbered and Amended by Chapter 382, 2008 General Session



# c- 33

## 63G-3-501. Administrative Rules Review Committee
. (1) 

### (a) There is created an Administrative Rules Review Committee of 10 permanent members and four ex officio members

. (b) (i) The committee's permanent members shall be composed offive members ofthe Senate, appointed by the president ofthe Senate, and five members ofthe House, appointed by the speaker ofthe House, with no more than three senators and three representatives from the
same political party. (ii) The permanent members shall convene at least once each month as a committee to review new agency rules, amendments to existing agency rules , and repeals ofexisting agency rules. Meetings may be suspended at the discretion ofthe committee chairs

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

. (iv) A vacancy exists whenever a committee member ceases to be a member ofthe Legislature, or when a member resigns from the committee. Vacancies shall be filled by the appointing authority, and the replacement shall serve out the unexpired term. (c) When the committee reviews existing rules , the committee's permanent members shall invite the Senate and House chairmen ofthe standing committee and the Senate and House chairmen ofthe appropriation subcommittee that havejurisdiction over the agency whose existing rules are being reviewed to participate as nonvoting, ex officio members with the committee. (d) Three representatives and three senators from the permanent members are a quorum for the transaction ofbusiness at any meeting. (2) Each agency rule as defined in Section 63G-3-1 02 shall be submitted to the committee at the same time public notice is given under Section 630-3-301. (3) (a) The committee shall exercise continuous oversight ofthe process ofrulemaking. (b) The committee shall examine rules submitted by each agency to determine: (i) whether or not they are authorized by statute; (ii) whether or not they comply with legislative intent; (iii) their impact on the economy and the government operations ofthe state and local political subdivisions; and (iv) their impact on affected persons
. (c) To carry out these duties, the committee may examine any other issues that it considers necessary
. The committee may also notify and refer rules to the chairmen ofthe interim committee which hasjurisdiction over a particular agency when the committee determines that an issue involved in an agency's rules may be more appropriately addressed by that committee. (d) In reviewing the rules, the committee shall follow generally accepted principles of statutory construction. (4) The committee may request that the Office ofthe Legislative Fiscal Analyst prepare a fiscal note on any rule. (5) In order to accomplish its oversight functions , the committee has all the powers granted to legislative interim committees as set forth in Section 36-12-11. (6) (a) The committee may prepare written findings ofits review ofeach rule and may include any recommendations, including legislative action. (b) The committee shall provide to the agency that enacted the rule: (i) its findings, ifany; and (ii) a request that the agency notify the committee ofany changes it makes in the rule.



## c- 34

### (c) The committee shall provide its findings to any member ofthe 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 ofthe Appropriation Subcommittee that havejurisdiction over the agency whose rules are the subject ofthe findings. (7) (a) The committee may submit a report on its review of state agency rules to each member ofthe Legislature at each regular session. (b) The report shall include: (i) the findings and recommendations made by the committee under Subsection 

### (6); (ii) any action taken by an agency in response to committee recommendations; and (iii) any recommendations by the committee for legislation.
Renumbered and Amended by Chapter 382, 2008 General Session



### 63G-3-502. Legislative reauthorization ofagency rules --Extension ofrules by governor. (1) 

### All grants ofrulemaking power from the Legislature to a state agency in any statute are made subject to the provisions ofthis section. (2) (a) Except as provided in Subsection (2)(b) , every agency rule that is in effect on February 28 ofany calendar year expires on May 1 

### ofthat year unless it has been reauthorized by the Legislature

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

: (i) the rule is explicitly mandated by a federal law or regulation; or (ii) a provision 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 annual general session. (b) The omnibus legislation shall be substantially in the following form: "All rules of Utah state agencies are reauthorized except for the following : ". (c) Before sending the legislation to the governor for the governor's action, the Administrative Rules Review Committee may send a letter to the governor and to the agency explaining specifically why the committee believes any rule should not be reauthorized. (d) For the purpose ofthis section, the entire rule, a single section, or any complete paragraph ofa rule may be excepted for reauthorization in the omnibus legislation considered by the Legislature. (4) The Legislature's reauthorization ofa rule by legislation does not constitute legislative approval ofthe rule, nor is it admissible in any proceeding as evidence oflegislative 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 in full force and effect and is a rule within their authorized rulemaking power, the agency may seek the governor's declaration extending the rule beyond the expiration date. (b) 

### In seeking the extension, the agency shall submit a petition to the governor that



## c- 35

### affirmatively states: (i) 

### that the rule is necessary; and (ii) a citation to the source ofits authority to make the rule. (c) (i) Ifthe governor finds that the necessity does exist, and that the agency has the authority to make the rule, the governor may declare the rule to be extended by publishing that declaration in the Administrative Rules Bulletin on or before April 15 ofthat 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) Ifthe omnibus bill required by Subsection (3) fails to pass both houses ofthe Legislature or is found to have a technical legal defect preventing reauthorization of administrative rules intended to be reauthorized by the Legislature, the governor may declare all rules to be extended by publishing a single declaration in the Administrative Rules Bulletin on or before June 15 without meeting requirements of Subsections (5)(b) and (c).
Renumbered and Amended by Chapter 382, 2008 General Session 

# 63G-3-601. Interested parties
-- Petition for agency action. (1) As used in this section, "initiate rulemaking proceedings" means the filing , for the purposes ofpublication in accordance with Subsection 63G-3-301(4), ofan agency's proposed rule to implement a petition for the making, amendment, or repeal ofa rule as provided in this section.(2) An interested person may petition an agency to request the making, amendment, or repeal ofa rule

. (3) The division shall prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition

.

. (4) A statement shall accompany the proposed rule, or proposed amendment or repeal of a rule, demonstrating that the proposed action is within thejurisdiction ofthe agency and appropriate to the powers ofthe agency. (5) Within 60 days after submission ofa 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 ofthe petition, place the petition on its agenda for review. (b) Within 80 days ofthe submission ofthe petition, the board shall either: (i) deny the petition in writing stating its reasons for denial ; or (i i

) initiate rulemaking proceedings

. (7) Ifthe 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 ofmandamus in state district court.
Renumbered and Amended by Chapter 382, 2008 General Session 

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

c- 36

### (1) (a) Any person aggrieved by a rule may obtainjudicial review ofthe rule by filing a complaint with the county clerk in the district court where the person resides or in the district court in Salt Lake County. (b) Any person aggrieved by an agency's failure to comply with Section 63G-3-201 may obtainjudicial review ofthe agency's failure to comply by filing a complaint with the clerk ofthe district court where the person resides or in the district court in Salt Lake County. (2) (a) Except as provided in Subsection (2)(b), a person seekingjudicial review under this section shall exhaust that person's administrative remedies by complying with the requirements of Section 63G-3-601 before filing the complaint. (b) When seekingjudicial review ofa rule, the person need not exhaust that person's administrative remedies if: (i) less than six months has passed since the date that the rule became effective and the person had submitted verbal or written comments on the rule to the agency during the public comment period ; (ii) a statute granting rulemaking authority expressly exempts rules made under authority ofthat statute from compliance with Section 63G-3-60 1 ; or (iii) compliance with Section 63G-3-601 would cause the person irreparable harm. (3) (a) In addition to the information required by the Utah Rules ofCivil Procedure, a complaint filed under this section shall contain : (i) the name and mailing address ofthe plaintiff ; (ii) the name and mailing address ofthe defendant agency; (iii) the name and mailing address of any other partyjoined in the action as a defendant; (iv) the text ofthe rule or proposed rule, ifany ; (v) an allegation that the person filing the complaint has either exhausted the administrative remedies by complying with Section 63G-3-601 or met the requirements for waiver ofexhaustion ofadministrative remedies established by Subsection (2)(b); (vi) the relief sought; and (vii) factual and legal allegations supporting the relief sought. (b) (i) The plaintiff shall serve a summons and a copy ofthe complaint as required by the Utah Rules ofCivil Procedure. (ii) The defendants shall file a responsive pleading as required by the Utah Rules of Civil Procedures

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



# c- 37

### that would cause irreparable harm to the petitioner; or (f) 

### any combination of Subsections (4)(a) through (e). (5) lfthe 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 63G-3-60I

. Renumbered and Amended by Chapter 382, 2008 General Session



### 63G-3-603. Time for contesting a rule-- Statute oflimitations. (1) 

### A proceeding to contest any rule on the ground ofnoncompliance with the procedural requirements ofthis chapter shall commence within two years ofthe effective date of the rule. (2) A proceeding to contest any rule on the ground ofnot 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 63G-3-402(2) or (3) substantively changed the rule shall be commenced within two years ofthe date the change was made.
Renumbered and Amended by Chapter 382, 2008 General Session



### 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 government as evidence ofthe administrative law ofthe state ofUtah and as an authorized compilation ofthe administrative law ofUtah. All courts shall take judicial notice ofthe code and its provisions.
Renumbered and Amended by Chapter 382, 2008 General Session



### 63G-3-702. Utah Administrative Code-- Organization-- Official compilation. (1) 

### The Utah Administrative Code shall be divided into three parts: (a) titles, whose number shall begin with "R" ; (b) rules; and (c) sections. (2) All sections contained in the code are referenced by a three-part number indicating its location in the code. (3) The division shall maintain the official compilation ofthe code and is the state-designated repository for administrative rules. Ifa 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

.



## c- 38

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



## c- 39

### ADMINISTRATIVE SERVICES R15. Administrative Services, Administrative Rules. R15-1. Administrative Rule Hearings. R15-1-1. Authority. 

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

- 3

- 402 (1) 

### (a)

. (2) 

### The procedures of this rule constitute the minimum requirements for mandatory administrative rule hearings

. Additional procedures may be required to comply with any other governing statute , federal law , or federal regulation

. Definitions
. R15-1-2. ( 1) 

### Terms used rule are defined in 63G-3

- 102

. (2) 

### In addition : (a) " hearing " administrative rule and (b) " officer " administrative rule officer

. R15-1-3. Purpose. 

### in this Section

means an

hearing ;

means an hearing

( 1) 

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

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

### Chapter 3 , 

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

. ( 3) 

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

. (4) 

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

. (5) 

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

- 301 ( 6) , 

### no second hearing is required for the purpose of comment on the same rule or change considered at the first hearing

. R15-1-5
. ( 1) (a) 

### Hearing Procedures. 

### Notice

. R15-1-4. 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 February 13 , 2014 

### Utah Administrative Code (UAC)

- 1

- 

### the and

of



## c- 40

### 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 . W ritten provide additional notice of a comment shall be attached to hearing , and shall give the hearing minutes

. further notice as may (d) The officer shall otherwise be required by law

. conduct the hearing as an (2) Hearing Officer

. open , informal , orderly , and (a) The agency head informative meeting

. Oaths , shall appoint as hearing cross
- examination , and rules officer a person qualified to of evidence are not required

. conduct fairly the hearing

. (5) The Hearing Record

. (b) No restrictions (a) The officer shall apply to this appointment cause to be recorded the name , except the officer shall know address , and relev ant rulemaking procedure

. affiliation of all persons (c) However , if a state speaking at the hearing , and board , council , or commission cause an electronic or is responsible for agency mechanical verbatim recording rulemaking , and holds a of the hearing to be made , or hearing , a member or the make a brief summary , of their body ' s designee may be the remarks

. hearing officer

. (b) The hearing record (3) Time

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

. The hearing may the list of persons speaking be extended or continued to at the hearing , and other another day as necessary in pertinent documents as the judgment of the officer

. determined by the agency
. (4) Comment

. (c) The hearing officer (a) At the opening of shall , as soon as practicable , the hearing , the officer shall assemble the hearing record explain the subject and and transmit it to the agency purpose of the hearing and for consideration

. invite orderly , germane (d) The hearing record comment from all persons in shall be kept with and as part February 13 , 2014 Utah Administrative Code (UAC)

- 2

-



## c- 41

### ADMINISTRATIVE SERVICES of the rule ' 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 written request for a decision to the director as soon as practicable after, or after recessing , the hearing , as provided in Section R15

- 5-6

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

. The director ' s decision shall be included in the hearing record

. R15-1-9. Appeal and Judicial Review
. 

### ( 1) Persons may appeal the decision of the agency head or the division by petitioning the district court for judicial review as provided by law

. KEY: 

### administrative law, government hearings Date of Enactment or Last Substantive Amendment: June 1, 1996 Notice of Continuation: September 21, 2010 Authorizing, and Implemented or Interpreted Law: 63G-3-402 R15. Administrative Services, 

### consideration , and disposition of petitions requesting the making , amendment , or repeal of an administrative rule

. R15-2-2
. ( 1) 

### rule are 63G-3

- 102.Definitions. 

### Terms used defined in in this Section (2) Other terms are defined as follows : (a) "rule change" means: (i) making a new rule; (ii) amending, repealing , or repealing and reenacting an existing rule; (iii) amending a proposed rule further by filing a change in proposed rule under the provisions of Section 63G-3-303; (iv) allowing a proposed (new , amended , repealed , or repealed and reenacted) rule or change in proposed rule to lapse; or (v) 

### the above. any combination of (b) " petitioner " means an interested person who submits a petition to an agency pursuant to Section 63G-3-601 and this rule

. R15-2-3. Petition Procedure . 

### ( 1) The petitioner shall send the petition to the head of the agency authorized by law to make the rule change requested

. (2) The agency receiving the petition shall record the date it received the petition. Administrative Rules. R15-2
- 4. Petition FoDn. R15-2
. Public Petitioning for 

### The petition shall : Rulemaking
. 

### (a) be clearly R15-2-l. Authority
. 

### designated " petition for a As required by Subsection rule change"; 63G-3-601 (3), this rule (b) state the prescribes the form and petitioner's name; procedures for submission , (c) state the February 13 , 2014 Utah Administrative Code (UAC)

- 3

-



## c - 42

### ADMINISTRATIVE SERVICES petitioner ' s interest in the rule , including relevant affiliation , if any ; (d) include a statement as required by Subsection 63G3-601(4) 

### regarding the requested rule change ; (e) state 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) be signed by the petitioner

. R15-2-5. Petition Consideration And Disposition. ( 1) 

### The agency head or designee shall: (a) review and consider the petition ; (b) write a response to the petition stating : (i) that the petition is denied and reasons for denial , or (ii) the date when the agency is initiating a rule change consistent with the intent of the petition; and (c) send the response to the petitioner within the time frame provided by Section 63G3-601. 

### of the agency ' s response as part of the administrative record

. (4) The agency shall mail copies of its decision to all persons who petitioned for a rule change

. KEY: administrative law, open government, transparency Date of Enactment or Last Substantive Amendment: December 25, 2006 Notice of Continuation : September 21, 2010 Authorizing, and Implemented or Interpreted Law: 63G-3
- 601 R15. Administrative Services, Administrative Rules. R15-3
. Definitional Clarification of Administrative Rule. R15-3-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. 

### (2) The petitioned R15-3-2. Agency Discretion. 

### agency may, within the time ( 1) A rule may restrict frame provided by Section 63G

- 

### agency discretion to prevent 3-601 , 

### interview the agency personnel from petitioner , hold a public exceeding their scope of hearing on the petition , or employment , or committing take any action the agency , in arbitrary action or its judgment , deems necessary application of standards , or to provide the petition due to provide due process for consideration

. persons affected by agency (3) The agency shall actions. retain the petition and a**co~y** 

### (2) A rule may authorize February 13 , 2014 

### Utah Admlnistrative Code (UAC)

- 4

-



## c - 43

### ADMINISTRATIVE SERVICES agency discretion that sets (c) If the incorporated limits , standards , and scope material is substantively of employment within which a changed at a later time, and range of actions may be the agency intends to enforce applied by agency personnel. the revised material , the A rule may also establish agency shall amend its rule criteria for granting through rulemaking procedures exceptions to the standards or to incorporate by reference procedures of the rule when , any applicable changes as soon in the judgment of authorized as practicable

. personnel , documented (d) In accordance with circumstances warrant

. Subsection 63G-3

- 201 (7) (c) , an ( 3) 

### An agency may have agency shall describe written policies which broadly substantive changes that prescribe goals and appear in the materials guidelines

. Policies are not incorporated by reference as rules unless they meet the part of the " summary of rule criteria for rules set forth or change " in the rule under Section 63G

- 3

- 201(2). analysis

. (4) 

### Within the limits (2) 

### An agency shall prescribed by Sections 63G-3

- comply with copyright 201 and 63G

- 3

- 602 , an agency requirements when it provides has full discretion regarding the division a copy of the substantive content of its material incorporated by rules

. The division has reference

. authority over nonsubstantive content under Subsections 63G3

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

. RlS-3-3. Use of Incorporation by 

### Reference in Rules. 

### (1) An agency incorporating materials by reference as permitted under Subsection 63G

- 3-201(7) shall comply with the following standards: (a) The specifically material is reference ." rule shall state that the cited

" incorporated by (b) 

### If the material contains opt ions , or is modified in its application , the options selected and modifications made shall be RlS-3-4. Computer-Prohibited Material. ( 1) 

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

. (2) Rules may not contain maps , charts , graphs , diagrams , illustrations , forms , or similar material

. ( 3) 

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

. RlS-3-5. Statutory Provisions that Require Rulemaking Pursuant to Subsection 63G-3- 301 (13)

. 

### For the purposes of Subsection 63G

- 3

- 301(13) , the phrase " statutory provision that requires the rulemaking " stated in the rule

. February 13 , 2014 means a state statutory Utah Administrative Code (UAC)

- 5

-



## c - 44

### ADMINISTRATIVE SERVICES provision that explicitly 3-305(3) , whichever is sooner
. mandates rulemaking

. KEY: administrative law Date of Enactment or Last Substantive Amendment: April 30, 2007 Notice of Continuation: September 21, 2010 Authorizing, and Implemented or Interpreted Law: 63G-3- 201; 63G-3-301; 63G-3-402

R15. Administrative Services, Administrative Rules. R15-4. Administrative Rulemaking Procedures. R15-4-1. Authority and 

### Purpose. 

### ( 1) This rule establishes procedures for filing and publication of agency rules under Sections 63G

- 3

- 301 , 63G

- 3

- 303 , and 63G

3

- 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

. (b) " Digest " means the Utah State Digest that summarizes the content of the bulletin as required by Subsection 63G-3-402 ( 1) (f) ; (c) " Codify " means the process of collecting and arranging administrative rules systematically in the Utah Administrative Code , and includes the process of verifying that each amendment was marked as required under Subsection 63G-3

- 301 (2) (b) ; (d) " Compliance cost " means expenditures a regulated person will incur if a rule or change is made effective ; (e) "Cost " means the aggregated expenses persons as a class affected by a rule will incur if a rule or change is made effective ; (f) " eRules " means the Division ' s administrative rule filing application that agencies use to file rules and notices ; (g) " Savings " means : (i) an aggregated monetary amount that will no longer be incurred by persons as a class if a rule or change is made effective ; (ii) an aggregated monetary amount that will be R15-4-2. Definitions. 

### refunded or rebated if a rule ( 1) Terms used in this or change is made effective ; rule are defined in Section (iii) an aggregated 63G-3-102

. monetary amount of anticipated (2) Other terms are revenues to be generated for defined as follows : state budgets , local (a) "Anniversary date " governments , or both if a rule means the date that is five or change is made effective ; years from the original or effective date of the rule , or (iv) any combination of the date that is five years these aggregated monetary from the date the agency filed amounts

. with the division the most (h) " Unmarked change " recent five

- year review means a change made to rule required under Subsection 63G

- text that was not marked as February 13 , 2014 Utah Administrative Code (UAC)

- 6

-



## c- 45

### ADMINISTRATIVE SERVICES required by Subsection 63G

- 3- 301 (2) (b)

. RlS-4-3. Publication Dates and Deadlines. 

### ( 1) For the purposes of Subsections 63G

- 3-301 (2) and 63G-3-303 ( 1) , an agency shall file its rule and rule analysis by 11 : 59 : 59 p.m. on the fifteenth day of the month for publication in the bulletin and digest issued on the first of the next month , and by 11 : 59: 59 p
. m. on the first day of the month for publication on the fifteenth of the same month

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

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

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

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

### ( 1) For the purposes of Sections 63G-3

- 301 and 63G-3

- 303 , " 30 days " shall be computed by: (a) counting the day after publication of the rule as the first day ; and (b) counting the thirtieth consecutive day 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

. RlS-4-Sa
. Notice of the Effective Date for a Proposed Rule. 

### ( 1) (a) Pursuant to Subsection 63G-3-301(9), upon expiration of the comment period designated on the rule analysis and filed with the rule , and before expiration of 120 days after publication of a proposed rule, the agency proposing the rule shall notify the division of the date the rule is to become effective and enforceable. (b) The agency shall notify the division after determining that the proposed rule, in the form published, shall be the final form of the rule, and after informing the division of any nonsubstantive changes in the rule as provided for in Section 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: days after the day of publication February 13 , 2014 Utah Administrative (a) at least Code (UAC) seven - 7 -



# c - 46

### ADMINISTRATIVE SERVICES after the specified analysis ; or comment on the period rule (b) if the agency formally extends the comment period for a proposed rule by publishing a subsequent notice in an issue of the bulletin , at least seven days after the extended comment period

. (4) The division shall publish notice of the effective date in the next issue of the bulletin

. There is no publication deadline for a notice of effective date for a proposed rule , nor requirement that it be published prior to the effective date

. 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 by any other form of written communication clearly identifying the change in proposed rule and any rules upon which the change in proposed rule is dependent , stating the date the rules were filed with the division or published in the bul letin , and stating the effective date

.
as be : (3) 

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

. (4) The division shall publish notice of the effective date in the next issue of the bulletin

. There is no publication deadline for the notice of effective date for a change in proposed rule , nor requirement that it be published prior to the effective date

. determining that the rule text RlS-4-6. Nonsubstantive 

### as published is the final form Changes in Rules . 

### of the rule , and after (1) Pursuant to informing the division of any Subsections 63G

- 3

- 201 (4) (d) nonsubstantive changes in the and 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 February 13 , 2014 Utah Administrative Code (UAC)

- 8

-



## c- 47

### ADMI N I STRATIVE SERVICES nonsubstantive according to the criteria cited in Subsection Rl5

- 4

- 6(1)

. (a) The agency may seek the advice of the Attorney General or the division , but the agency is responsib l e for compliance with the cited criteria

. (3) Without complying with regular rulemaking procedures , an agency may make nonsubstantive changes in: (a) propo s ed rules a l ready published i n the bulletin and digest but not made effective , or (b) rules already effective

. ( 4) 

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

### (a) notify the division by filing with the division the form designated for nonsubstantive changes ; (b) include with the notice the rule text to be changed , with changes marked as required by Section Rl5-4- 9 ; and (c) inc lude w i th the notice the name of the agency head or designee authorizing the change. (5) A nonsubstantive change becomes effective on the date the division makes the change in the Utah Administrative Code

. (6) The division shall record the nonsubstantive change and its effective date in the administrative rules register

. substantive proposed rule

. change i n (a) The procedures this section apply if : a 

### of (i) the agency determines a change in the rul e is necessary ; (ii) the change is substantive unde r the criteria of Subsection 63G

- 3

- 102(19) ; (iii) the rule was published as a proposal in the bulletin and digest ; and (iv) the rule has not been made effective under the procedures of Subsection 63G

3

- 303 ( 1) (d) and Section Rl5

- 4

- 5

. 

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

. (2) To make a substantive change i n 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 publ ished , and describing the change and reasons for it ; and (b) a copy of the proposed rule previously published in the bulletin marked to show only those changes made since the proposed rule was previously published as described in Section Rl5-4

- 9

. (3) The division shall publish the rule analysis in the next issue of the bulletin , subject to the publication deadlines of Section Rl5

- 4

- 3

. The division RlS-4-7. Substantive Changes 

### may also publish the changed in Proposed Rules. 

### text of the rule

. ( 1) Pursuant to Section (4) The agency may make 63G-3

- 303 , agencies shall a change in proposed rule comply with the procedures of effective by following the this section when making a requirements of Section Rl5

- 4

- February 13 , 2014 Utah Administrative Code (UAC)

- 9

-



## c- 48

### ADMINISTRATIVE SERVICES further amend the following the Sections R15

- 4-6 5 , or may rule by procedures of or R15

- 4-7

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

### ( 1) Pursuant to Section 63G

- 3

- 304 , for the purpose of filing a temporary rule , an agency shall comply with the procedures of this section

. (2) The agency proposing a temporary rule shall determine if the need for the rule complies with the criteria of Subsection 63G

- 3- 304 (1)

. (a) The division interprets the criteria of Subsection 63G

- 3-304 ( 1) to include under " welfare " any substantial material loss to the classes of persons or agencies the agency is rule filed under regular rulemaking procedures , though the language of the two rules may be identical

. To make a temporary rule permanent , the agency shall propose a separate rule for regular rulemaking

. (5) When a temporary rule and a similar regular rule are in effect at the same time , any conflict between the provisions of the two are resolved in favor of the rule with the most recent effective date , unless the agency designates otherwise as part of the rule analysis

. (6) A temporary rule has the full force and effect of a permanent rule while in effect , but a temporary rule is not codified in the Utah Administrative Code. mandated to regulate, serve , RlS-4-9. Underscoring and 

### or protect

. Striking Out. 

### (3) The agency shall use (1) (a) Pursuant to the same procedures for filing Subsection 63G-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 63G

- 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 agency notifies the (2) When an agency division , on the form or by proposes to make a new rule or memorandum , of an earlier section , the entire proposed expiration date

. text shall be underscored

. (4) A temporary rule is (3) (a) When an agency separate and distinct from a proposes to repeal a complete February 13 , 2014 Utah Administrative Code (UAC)

- 10

-



# c- 49

### ADMINISTRATIVE SERVICES rule it shall include as part 53C-1-201 (3) , when an agency of the information provided in files a proposed rule , change the rule analysis a brief in proposed rule, 120-day summary of the deleted (emergency) rule , or expedited language and a brief rule and provides anticipated explanation of why the rule is cost or savings, and being repealed

. compliance cost information in (b) The agency shall the rule analysis , the agency include with the rule analysis shall : a copy of the text to be (a) estimate the deleted in one of the incremental cost or savings following formats : and incremental compliance (i) each page annotated cost associated with the

" repealed in its entirety " or changes proposed by the rule (ii) the entire text or change ; struck out in its entirety and (b) estimate the surrounded by one set of incremental cost or savings brackets

. and incremental compliance (c) The division shall cost in dollars , except as not publish repealed rules otherwise provided in unless space is avai l able 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 public notification has been adequately served

. (5) The director ' s refusal to codify an unmarked change means that the change is not operative for the purposes of Section 63G

- 3-701 and that the agency must comply with regular rulemaking procedures to make the change

. RlS-4-10. Estimates 

### of Anticipated Cost or Savings, and Compliance Cost. 

### ( 1) Pursuant to Subsections 63G-3-301 (3) , 63G3

- 303 (1) , 63G

- 3

- 304 (2) , and (c) indicate that the amount is either a cost or a savings ; and (d) estimate the incremental cost or savings expected to accrue to " state budgets ," " local governments ,"

" small businesses ," and

" persons other than small businesses , businesses , or local governmental entities " as aggregated cost or savings ; (2) In addition , an agency may : (a) provide a narrative description of anticipated cost or savings , and compliance cost ; (b) compare anticipated cost or savings , and compliance cost figures , for the rule or change to : (i) current budgeted costs associated with the existing rule , (ii) figures reported on a fiscal note attached to a related legislative bill , or (iii) both (i) and (ii)

. February 13 , 2014 Utah Administrative (3) If an agency chooses Code (UAC)

- 11

-



## c- 50

### ADMINISTRATIVE SERVICES to provide comparison figures , it shall clearly distinguish comparison figures from the anticipated cost or savings , and compliance cost figures

. (4) If dollar estimates are unknown or not available , or the obtaining thereof would impose a substantial unbudgeted hardship on the agency , the agency may substitute a reasoned narrative description of costrelated actions required by the rule or change , and explain the reason or reasons for the substitution. (5) If no cost , savings , or compliance cost is associated with the rule or change , an agency may enter
" none ," " no impact ," or similar words in the rule analysis followed by a written explanation of how the agency estimated that there would be no impact , or how the proposed rule , or changes made to an existing rule does not apply to " state budgets ," " local shall : (a) return the rule or change to the agency with a notice indicating that the Division has refused to register and publish the rule or change ; (b) identify the reason or reasons why the Division refused to register and publish the rule or change ; and (c) indicate the filing deadlines for the next issue of the Bulletin

. KEY : administrative law Date of Enactment or Last Substantive Amendment: August 24, 2007 Notice of Continuation: September 21, 2010 Authorizing, and Implemented or Interpreted Law: 63G-3- 301; 63G-3-303; 63G-3-304; 63G-3-402
R15. Administrative Services, Administrative Rules. R15-5
. Administrative Rules 

### government ," " small Adjudicative Proceedings
. 

### businesses ," " persons other R15-5-1. Purpose. 

### than small businesses , ( 1) This rule provides businesses , or local the procedures for informal governmental entities ," or any adjudicative proceedings combination of these

. governing : ( 6) If an agency does (a) appeal and review of not provide an estimate of a decision by the divis i on not cost, savings , compliance to publish an agency ' s cost , or a reasoned narrative proposed rule or rule change description of cost or not to register an agency ' s information ; or a written notice of effective date ; and explanation as part of the (b) a determinati on by rule analysis in compliance the division whether an agency with this section , the rule meets the procedural Division may , after making an requirements of Title 63G , attempt to obtain the required Chapter 3 , the Utah information , refuse to Administrative Rulemaking Act

. register and publish the rule (2) The informal or change

. If the Division procedures of this rule apply refuses to register and to all other division actions publish a rule or change , it for which an adjudicative February 13 , 2014 Utah Administrative Code (UAC)

- 12

-



## c- 51

### ADMINISTRATIVE SERVICES proceeding may be required

. R15-5-2. Authority. 

### This rule is required by Sections 63G-4-202 and 63G

- 4

- 203 , and is enacted under the authority of Subsection 63G

- 3- 402 ( 1) (m) and Sections 63G

- 4

- 202 , 63G-4

- 203 , and 63G

- 4

- 503. R15-5-3. Definitions. 

### ( 1) The terms used in this rule are defined Section 63G

- 4

- 103

. in (2) In addition , " digest " means the Utah State Digest which summarizes the content of the bulletin as required under Subsection 63G3

- 402 (1) (f)

. R15-5-4. Refusal. to Publ.ish or Register a Rul.e or Rul.e Change. 

### ( 1) The division shall not publish a proposed rule or rule change when the division determines the agency has not met the requirements of Title 63G , Chapter 3 , or of Rules R15

- 3 or R15

- 4

. (2) The division shall not register an agency ' s notice of effective date , nor codify the rule or rule change in the Utah Administrative Code , if the agency exceeds the 120

- day limit required by Subsection 63G

- 3

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

. 

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

### (1) An agency may request a review of a division refusal to publish or register a rule or rule change by filing a written petition for review with the division director. (2) The division director shall grant or deny the petition within 20 days , and respond in writing giving the reasons for any denial. (3) The agency may appeal the decision of the division director by filing a written appeal to the Executive Director of the Department of Administrative Services within 20 days of receipt of the division director ' s decision

. The Executive Director shall respond within 20 days affirming or reversing the division director ' s decision

. Rl5-5-6. Determining the Procedural. Val.idi.ty of a Rul.e. 

### (1) A person may contest the procedural validity , or request a determination of whether a rule meets the requirements of Title 63G , Chapter 3 , by filing a written petition with the division

. (a) The rule at issue may be a proposed rule or an effective rule

. (b) The petition must be received by the division within the two

- year limit set by Section 63G-3-603

. (c) The petition may emanate from a rulemaking hearing as in Section R15-1-8

. (d) The petition shall specify the rule or rule change at issue and reasons why the petitioner deems it R15-5-5
. Appeal. 

### February 13 , 2014 of a Refusal. 

### procedurally flawed or Utah Administrative Code (UAC)

- 13

-



## c- 52

### ADMINISTRATIVE SERVICES invalid

. (e) The petition shall be accompanied by any documents the division should consider in reaching its decision

. (f) The petition shall be signed and designate a telephone number where the petitioner can be contacted during regular business hours

. (2) The division shall respond to the petition in writing within 20 days of its receipt

. (a) The division shall research all records pertaining to the rule or rule change at issue. (b) The response of the division shall state whether the rule is procedurally valid or invalid and how the agency may remedy any defect

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

. may request reconsideration of the division ' s findings by filing a written request for reconsideration with the division director

. (a) The director may respond to the request in writing

. (b) If the petitioner receives no response within 20 days , the request is denied

. RlS-5-7
. Remedies Resulting from an Adjudicative Proceeding. 

### ( 1) A rule the division determines is procedurally invalid shall be stricken from the Utah Administrative Code and notice of its deletion published in the next issues of the bulletin and digest

. (2) The division shall notify the pertinent agency and assist the agency in refiling or otherwise remedying the procedural omission or error in the rule

. (3) A rule the division determines is procedurally valid shall be published and registered promptly

. KEY: 

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



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

- 14

-



## c - 53

# Proposed Rule

### R307-311 November 21, 2014 Page 1 of 2
1 

### R307. Environmental Quality, Air Quality. 2 

### R307-3ll. Utah County: Trading of Emission Budgets for 3 

### Transportation Conformity. 4 

### R307-3ll-l. Purpose. 

### 5 This rule establishes the procedures that may be used to trade 6 a portion of the primary PMlO budget when demonstrating that a 7 transportation plan, transportation improvement program, or project 8 conforms with the motor vehicle emission budgets in the Utah County 9 portion of Section IX, Part A of the State Implementation Plan, "Fine 10 Particulate Matter (PMlO)" 11 12 R307-311-2. Definitions. 

### 13 The definitions contained in 40 CFR 93.101, effective as of the 14 date referenced in R307-101-3, are incorporated into this rule by 15 reference. The following additional definitions apply to this rule. 16 "Budget" means the motor vehicle emission projections used in 17 the attainment demonstration in the Utah County portion of Section 18 IX, Part A of the State Implementation Plan, "Fine Particulate Matter 19 (PMlO)

. II 

### 20 "NOx" means oxides of nitrogen. 21 "Primary PMlO" means PMlO that is emitted directly by a source. 22 Primary PMlO does not include particulate matter that is formed when 23 gaseous emissions undergo chemical reactions in the ambient air. 24 "Transportation Conformity" means a demonstration that a 25 transportation plan, transportation improvement program, or project 26 conforms with the emissions budgets in a state implementation plan, 2 7 as outlined in 4 0 CFR, 

### Chapter 1, Part 93, 

### "Determining Conformity 28 of Federal Actions to State or Federal Implementation Plans." 29 30 R307-311-3. Applicability. 

### 31 (1) This rule applies to agencies responsible for demonstrating 32 transportation conformity with the Utah County portion of Section 33 IX, Part A of the State Implementation Plan, "Fine Particulate Matter 34 (PMlO)

. II 

### 35 (2) This rule does not apply to emission budgets from Section 36 IX, Part C.6 of the State Implementation Plan, "Carbon Monoxide 3 7 Maintenance Plan." 38 39 R307-311-4. Trading Between Emission Budgets. 

### 40 (1) The agencies responsible for demonstrating transportation 41 conformity are authorized to supplement the budget for NOx with a 42 portion of the budget for primary PMlO for the purpose of demonstrating 43 transportation conformity for NOx. The NOx budget shall be 44 supplemented using the following procedures. 45 (a) The metropolitan planning organization shall include the 46 following information in the transportation conformity demonstration: 47 (i) The budget for primary PMlO and NOx for each required year 48 of the conformity demonstration, before trading allowed by this rule 49 has been applied; 50 (ii) The portion of the primary PMlO budget that will be used 51 to supplement the NOx budget, specified in tons per day using a 1:1 52 ratio of primary PMlO to NOx, 

### for each required year of the conformity



## p- 1

### R307-3 11 November 21 , 2014 Page 2 of 2 1 demonstration ; 2 (iii) The remainder of the primary PM10 budget that will be 3 used in the conformity demonstration for primary PM10, specified in 4 tons per day for each required year of the conformity demonstration; 5 and 6 (iv) The budget for primary PM10 and NOx for each required year 7 of the confor m ity demonstration after the trading allowed by this 8 

### rule has been app lied

. 9 

### (b) Transportation conformity for NOx shall be demonstrated 10 using the NOx budget supplemented by a portion of the primary PM10 11 budget as described in (a) (ii)

. Transportation conformity for 12 primary PM10 shall be demonstrated using the remainder of the primary 13 PM10 budget described in (a) (iii)

. 14 (c) The primary PM10 budget shall not be supplemented by using 15 a portion of the NOx budget. 16 

### 17 18 

### KEY: air pollution, transportation conformity, PMlO 19 

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



## P-2NOTICES OF PROPOSED RULES

R307-302-S. Opacity for HeatingAppliances. Except during no-burn periods as required by R307-302-3 and 4, visible emissions from solid fuel burning devices and fireplaces shall be limited to a shade or density no darker than 20% opacity as measured by EPA Method 9, except for the following : (1} An initial fifteen minute start-up period, and (2) A period of fifteen minutes in any three-hour period in which emissions may exceed the 20% opacity limitation for refueling

. R307-302-6. Prohibition. (1} Beginning September 1, 2013 , no person shall selL offer for sale, supply, install, or transfer a wood burning stove that is not EPAPhase 2 certified or a fireplace that is not EPA qualified. (2} Ownership ofa non EPA Phase 2 certified stove within a residential dwelling installed prior to March 6, 2014 may be transferred as part of a real estate transaction, so long as the unit remains intact within the real property ofsale

. (3) Seasonal Burn Ban

. From November I throueh March 15 of each year. residents

. commercial institutional and jndustrja!. facilities within the**~~hjcal** boundaries described in R307-302-2

· shall not use solid fuel bumine devices or**fir~:Places exc~:Pt**  those that

are the sole source ofheat for the entire residence and reejstered with the director
KEY: air pollution, fireplaces, stoves, residential solid fuel burning Date of Enactment or Last Substantive Amendment: [Beeemhet**~)Zill** Notice ofContinuation: June 2, 2010 Authorizing, and Implemented

.or Interpreted Law: 19-2-101; 19- 2-104


### Environmental Quality, Air Quality 

## R307-311 Utah County: Trading of Emission Budgets for Transportation Conformity
NOTICE OF PROPOSED RULE (New Rule} DAR FILE NO. : 38997

FILED : 12/04/2014
RULE ANALYSIS PURPOSE OF THE RULE OR REASON FOR THE CHANGE : This rule has been proposed to alleviate a problem of demonstrating conformity to the NOx budget brought on by EPA's release of a new mobile source emissions model. The new model , MOVES , replaces the older MOBILE6 model, which was used to develop the NOx budget in the 2002 PM1 0 SIP and must be used by the Metropolitan Planning Organization (MPO) as it prepares its conformity demonstration

. Rule R307-311 establishes the procedures that may be used to trade a portion of the primary PM10 budget when demonstrating that a transportation plan, transportation improvement program, or project conforms with

22 DAR File No

. 38994

the motor vehicle em1ss1on budgets in the Utah County portion of Section IX, Part A of the State Implementation Plan (SIP)

. SUMMARY OF THE RULE OR CHANGE : This rule affects the way the MPO for Utah County is able to demonstrate that the emissions associated with transportation plans, programs, and projects conform to the emission budget established in the PM10 SIP for Utah County

. As proposed , the rule would allow the MPO to apply a potential surplus from its budget for direct PM10 to a commensurate shortfall in its budget for NOx, at a ration of 1 to 1

. It would not, however, allow such trading in the opposite direction (e.g., to apply a surplus of NOx to a shortfall in direct PM10.) Rule R307-311 is essentially a duplicate of Rule R307-310, which allows the same type of trad ing when demonstrating transportation conformity to the PM10 SIP for Salt Lake County

. STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS RULE : Section 19-2-104 ANTICIPATED COST OR SAVINGS TO: + THE STATE BUDGET: The requirements of this rule apply to the MPO that is responsible for demonstrating transportation conformity with the Utah County portion of Section IX, Part A of the SIP

. There are no requirements in this rule that will result in costs or savings to the state budget. + LOCAL GOVERNMENTS : The requirements of this rule apply to the MPO that is responsible for demonstrating transportation conformity with the Utah County portion of Section IX, Part A of the SIP. There are no requirements in this rule that will result in costs or savings to local government. +SMALL BUSINESSES : The requirements of this rule apply to the MPO that is responsible for demonstrating transportation conformity with the Utah County portion of Section IX, Part A of the S IP

. There are no requirements in th is rule that will resu lt in costs or savings to small businesses

. + PERSONS OTHER THAN SMALL BUSINESSES , BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES : This rule applies to the Metropolitan Planning Organization (MPO) respons ible for demonstrating transportation conformity with the Utah County portion of Section IX, Part A of the SIP

. While the rule allows for trading between emission budgets, it will not result in any additional costs or savings as the MPOs must show transportation conformity with or without the trading option

. COMPLIANCE COSTS FOR AFFECTED PERSONS : This rule applies to the MPO responsible for demonstrating transportation conform ity with the Utah County portion of Section IX, Part A of the SIP

. While the rule allows for trading between emission budgets , it will not result in any additional compliance costs as the MPOs must show transportation conformity with or without the trading option

. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES:

UTAH STATE BULLETI N, January 01 , 2015 , Vol. 2015, No

. I



## P-3DAR File No

. 38997

The requirements of this rule apply to the MPO that is responsible for demonstrating transportation conformity with the Utah County portion of Section IX, Part A of the SIP

. There are no requ irements in this rule that will have a fiscal impact on businesses

. THE FULL TEXT OF THIS RULE MAY BE INSPECTED , DURING REGULAR BUSINESS HOURS , AT: ENVIRONMENTAL QUALITY AIR QUALITY FOURTH FLOOR 195 N 1950 W SALT LAKE CITY, UT 84116-3085 or at the Division ofAdministrative Rules.
DIRECT QUESTIONS REGARDING THIS RULE TO: + Mark Berger by phone at 801-536-4000, by FAX at 801- 536-0085, or by Internet E-mail at mberger@utah

.gov INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00PM ON 02/02/2015
THIS RULE MAY BECOME EFFECTIVE ON : 03/05/2015
AUTHORIZED BY: Bryce Bird, Director

R307. Environmental Quality, Air Quality. R307-311. Utah County: Trading of Emission Budgets for Tnnsportation Conformity. R307-311-1. Purpose. This rule establishes the procedures that may be used to trade a portion ofthe primary PMIO budget when demonstrating that a transportation plan. trans.portation improvement program or prQject conforms with the motor vehicle emission bud¥ets in the Utah County portion of Section IX. Part A ofthe State Implementation Plan. "Fine Particulate Matter (PM I0)"
R307-311-2. Defmitions. The definitions contained in 4Q CFR 93.101. effective as of the date referenced in R307-IOI-3 are incoiWrated into this rule by reference

. The following additional definitions apply to this rule, "Budget" means the motor vehlcle emission projections used in the attainment demonstration in the Utah County portion of Section IX Part A of the State Implementation Plan. "Fine Particulate Matter QW.Q1.:

"NOx " means oxides ofnitrogen "Primary PMIO" means PMIO that is emitted directly by a source
. Primary PM 10 does not include particulate matter that is formed when gaseous emissions undergo chemical reactions in the ambient air

"Jranwrtation Conformity" means a demonstration that a transportation plan. transportation improvement proiPJUP or proj ect conf orms with the emissions budgets in a state implementation plan. as outlined in 40 CFR Chapter I

. Part 93. "Determining Conformity of Federal Actions to State or Federal Implementation Plans."

UT

AHSTA TE BULLETI N, January 01,2015 , Vol. 2015, No

. I NOTICES OF PROPOSED RULES

R307-311-3. Applicability. (!) This rule applies to agencies responsible for demonstrating transportation conformity with the Utah County portion of Section IX Part A of the State Implementation Plan. "Fine Particulate Matter (PMIOl " (2) This rule does not apply to emission budgets from Section IX Part C 6 of the State Implementation Plan. "Carbon Monoxide Maintenance Plan

. "
R307-311-4. Trading Between Emission Budgets. (I) The agencies responsible for demonstrating tranSl>9rtation conformity are authorized to sypplement the budget for NOx with a portion ofthe budget for primarv PMIO for the purpose of demonstrating trans.portation conformity for NOx

. The NOx. budget shall be suwlemented using the following procedures (a) The metropolitan planning organization shall include the following information in the transportation confounjty demonstration: (i) The budget for primary PMIO and NOx for each required year ofthe conformity demonstration. before trading allowed

. by this rule has been applied· (iD The portion of the primary PM 10 budget that will be used to SJ.!Pplement the NOx. budget. specified in tons per day using a
. 1:I ratio of prir:ruuy PM I0 to NOx. for each required year of the conformity demonstration· (iii) The remainder ofthe wimazy PMIO budget that will be used in the conformity demonstration for primary PMI0 specified in tons per day for each required year of the conformity demonstration·. and (ivl The budget for primary PMIO and NOx for each required year of the confonnity demonstration after the trading allowed by this rule has been applied. (b) Transportation conformity for NOx shall be demonstrated using the NOx budget supplemented by a portion ofthe primary PMIO budget as described in (a)(iD. Transportation conformity for primary PM I0 shall be demonstrated using the remainder ofthe primary PMIO budget described in (aXiii) (c) The primary PMI 0 budget shall not be supplemented by using a portion ofthe NOx budget
KEY: air poUution. tr2nsportation conformity, PM10 Date ofEnactment or Last Substantive Amendment: 2015 Authorizing, and Implemented orInterpreted Law: 19-2-104 

### Health, Health Care Financing, Coverage And Reimbursement Policy 

## R414-19A Coverage for Dialysis Services by a Free-Standing State Licensed Dialysis Facility
NOTICE OF PROPOSED RULE (Amendment) DAR FILE NO.: 39005

FILED : 12/11/2014

23



## P-4

# Comments/HearingNOTICES OF PROPOSED RULES

R307-302-S. Opacity for Heating Appliances. Except during no-bum periods as required by R307-302-3 and 4, visible emissions from solid fuel burning devices and fireplaces shall be limited to a shade or density no darker than 20% opacity as measured by EPA Method 9, except for the following: (I) An initial fifteen minute start-up period, and (2) A period offifteen minutes in any three-hour period in which emissions may exceed the 20% opacity limitation for refueling

. R307-302-6

. Prohibition. (I) Beginning September I, 2013 , no person shall**sel~** offer for sale, supply, install, or transfer a wood burning stove that is not EPA Phase 2 certified or a fueplace that is not EPA qualified. (2) Ownership ofa non EPA Phase 2 certified stove within a residential dwelling installed prior to March 6, 2014 may be transferred as part of a real estate transaction, so long as the unit remains intact within the real property ofsale

. C3) Seasonal Burn Ban

. From November 1 throueh March 15 of each year.**resident~.** commercial. institutional and industriaL facilities within the**eeo~ical** boundaries described in R307-302-2 shall not use solid fuel bumine devices or !®places except those that
are the sole 

### source ofheat for the entire residence and reejs!ered with the director

. KEY: air pollution, fireplaces, stoves, residential solid fuel burning Date of Enactment or Last Substantive Amendment: [Beeember 4;-m4)2ill Notice ofContinuation: June 2, 2010 Authorizing, and Implemented or Interpreted Law: 19-2-101; 19- 2-104


### Environmental Quality, Air Quality 

## R307-311 Utah County: Trading of Emission Budgets for Transportation Conformity
NOTICE OF PROPOSED RULE (New Rule) DAR FILE NO.: 38997

FILED : 12104/2014
RULE ANALYSIS PURPOSE OF THE RULE OR REASON FOR THE CHANGE : This rule has been proposed to alleviate a problem of demonstrating conformity to the NOx budget brought on by EPA's release of a new mobile source emissions model. The new model, MOVES, replaces the older MOBILE6 model, which was used to develop the NOx budget in the 2002 PM10 SIP and must be used by the Metropolitan Planning Organization (MPO) as it prepares its conformity demonstration

. Rule R307-311 establishes the procedures that may be used to trade a portion of the primary PM10 budget when demonstrating that a transportation plan, transportation improvement program, or project conforms with

22 DAR File No. 38994

the motor vehicle em1ss1on budgets in the Utah County portion of Section IX, Part A of the State Implementation Plan (SIP)

. SUMMARY OF THE RULE OR CHANGE: This rule affects the way the MPO for Utah County is able to demonstrate that the
· emissions associated with transportation plans, programs, and projects conform to the emission budget established in the PM10 SIP for Utah County. As proposed , the rule would allow the MPO to apply a potential surplus from its budget for direct PM10 to a commensurate shortfall in its budget for NOx, at a ration of 1 to 1

. It would not, however, allow such trading in the opposite direction {e

.g ., to apply a surplus of NOx to a shortfall in direct PM10

.) Rule R307-311 is essentially a duplicate of Rule R307-310, which allows the same type of trading when ·demonstrating transportation conformity to the PM10 SIP for Salt Lake County.
STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS RULE : Section 19-2-104 ANTICIPATED COST OR SAVINGS TO : + THE STATE BUDGET : The requirements of this rule apply to the MPO that is responsible for demonstrating transportation conformity with the Utah County portion of Section IX, Part A of the SIP

. There are no requirements in this rule that will result in costs or savings to the state budget. + LOCAL GOVERNMENTS : The requirements of this rule apply to the MPO that is responsible for demonstrating transportation conformity with the Utah County portion of Section IX, Part A of the SIP

. There are no requirements in this rule that will result in costs or savings to local government. + SMALL BUSINESSES: The requirements of this rule apply to the MPO that is responsible for demonstrating transportation conformity with the Utah County portion of Section IX, Part A of the SIP

. There are no requirements in this rule that will result in costs or savings to small businesses

. + PERSONS OTHER THAN SMALL BUSINESSES , BUSINESSES , OR LOCAL GOVERNMENTAL ENTITIES : This rule applies to the Metropolitan Planning Organization (MPO) responsible tor demonstrating transportation conformity with the Utah County portion of Section IX, Part A of the SIP

. While the rule allows for trading between emission budgets , it will not result in any additional costs or savings as the MPOs must show transportation conformity with or without the trading option

. COMPLIANCE COSTS FOR AFFECTED PERSONS : This rule applies to the MPO responsible for demonstrating transportation conformity with the Utah County portion of Section IX, Part A of the SIP

. While the rule allows for trading between emission budgets, it will not result in any additional compliance costs as the MPOs must show transportation conformity with or without the trading option. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES:

UTAH STATE BULLETIN, January 01, 2015, Vol. 2015, No. I



## H- 1DAR File No

. 38997

The requirements of this rule apply to the MPO that is responsible for demonstrating transportation conformity with the Utah County portion of Section IX, Part A of the SIP

. There are no requirements in this rule that will have a fiscal impact on businesses

. THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURING REGULAR BUSINESS HOURS , AT: ENVIRONMENTAL QUALITY AIR QUALITY FOURTH FLOOR 195 N 1950 W SALT LAKE CITY, UT 84116-3085 or at the Division ofAdministrative Rules. DIRECT QUESTIONS REGARDING THIS RULE TO : + Mark Berger by phone at 801-5364000, by FAX at 801- 536-0085, or by Internet E-mail at mberger@utah

.gov INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITIING WRITIEN COMMENTS NO LATER THAN AT 5:00 PM ON 02/02/2015 THIS RULE MAY BECOME EFFECTIVE ON : 03/05/2015 AUTHORIZED BY: Bryce Bird. Director

R307. Environmental Quality, Air Quality. R307-311. Utah County: Trading of Emission Budgets for Transportation Conformity. R307-311-1. Purpose. This role establishes the procedures that may be used to trade a portion ofthe primary PM\0 budget when demonstrating that a transportation plan tran!)portation improvement program or t>miect conforms with the motor vehicle emission bude;ets in the Utah County portion of Section IX. Part A ofthe State Implementation Plan. "Fine Particulate Matter (PMI0)"
R307-311-2. Defmitions. The definitions contained in 40 CFR 93.101. effective as of the date referenced in R307-I0\-3 are incoll>orated into this rule by reference. The followin& additional definitions aooly to this rule "Budget" means the motor vehicle emission projections used in the attainment demonstration in the Utah County portion of Section IX Part A of the State Implementation Plan. "Fine Particulate Matter**~** "NOx" means oxides ofnitrogen "Primary PMIO" means PMJO that is emitted directly by a source
. Primary PMI0 does not include particulate matter that is formed when gaseous emissions undergo chemical reactions in the ambient air "Transportation Conformity" means a demonstration that a transportation plan. transportation improvement pro&rJ!Ill or project conforms with the emissions budgets in a state implementation plan as outlined in 40 CFR. Chapter I Part 93 "Determining Conformitv of Federal Actions to State or Federal Implementation Plans."

UTAH STATE BULLETIN , January 01 , 2015, Vol. 2015 , No. 1 NOTICES OF PROPOSED RULES

R307-311-3. Applicability. (1l This rule applies to agencies res.ponsible for demonstrating transportation conformity with the Utah County portion of Section IX. Part A of the State Implementation Plan "Fine Particulate Matter (PM!Ol" (2) This rule does not apply to emission budgets from Section IX Part C.6 of the State Implementation Plan "Carbon Monoxide Maintenance Plan "
R307-311-4. Trading Between Emission Budgets. (I) The a&encies reSlJonsible for demonstratin& tranSlJortation conformity are authorized to Sl.ll)plement the budget for NOx with a portion ofthe budget for primary PMIO for the purpose of demonstrating transportation conformity for NOx

. The NOx. budget shall be suwlemented using the following procedures

. (a) The metropolitan planning <m:anization shall include the followine; infounation in the transportation conformity demonstration: (i) The budget for primary PM10 and NQx. for each required year ofthe conformity demonstration. before trading allowed by this rule has been applied· (iil The portion of the primary PM 10 budget that will be used to sypplement the NOx budget. specified in tons per day usin& a 1: I ratio of primacy PM I0 to NOx. for each required year of the conformity demonstration· (iii) The remainder ofthe primary PM I0 bud&et that will be used in the conformity demonstration for primary PM 10 SlJeCified in tons per dav for each required year ofthe confonnity demonstration·. and (iv) The budget for primary PMlO and NOx for each required year of the conformity demonstration after the trading allowed by this rule has been ;y!plied

. (b) Transportation conformity for NOx shall be demonstrated using the NOx. budget supplemented by a portion ofthe primary PM 10 budget as described in (a)(ii). Transportation conformity for primary PMIO shall be demonstrated using the remainder ofthe primacy PMlO bud&et described in (aXjjj) (c) The primary PMIO budget shall not be sypplemented by using a portion ofthe NOx budget
KEY: ajr poUution, transportation conformity, PMJ0 Date ofEnactment or Last Substantive Amendment: 2015 Authorizing, and Implemented or Interpreted Law: 19-2-104 

### Health, Health Care Financing, Coverage And Reimbursement Policy 

## R414-19A Coverage for Dialysis Services by a Free-Standing State Licensed Dialysis Facility
NOTICE OF PROPOSED RULE (Amendment) DAR FILE NO

.: 39005

FILED: 12/11/2014

23



## H-2DAQ-010-15

MEMORANDUM

TO: Air Quality Board
THROUGH: Bryce C. Bird, Executive Secretary
FROM:
DATE:
SUBJECT: Bill Reiss, Environmental Engineer February 19, 2015
FINAL ADOPTION: New Rule, R307-311. Utah County: Trading ofEmission Budgets for Transportation Conformity.

The rule proposed for the Board's consideration today would affect the way the metropolitan planning organization (MPO) for Utah County is able to demonstrate that the emissions associated with transportation plans, programs, and projects conform to emission budgets established in the PM 10 State Implementation Plan (SIP) for Utah County.
It would alleviate a problem demonstrating conformity to the NOx budget, brought on by EPA's release of a new mobile source emissions model. The new MOVES model predicts much more NOx from tailpipes than the old MOBILE6. The old model was used to develop the NOx budget in the 2002 PM 10 SIP, but it is the new model that must be used by the MPO as it prepares its conformity demonstration.
The proposed rule would allow the MPO to apply a potential surplus in its budget for direct PM 10 to a potential shortfall in its budget for NOx, at a ratio ofone-to-one.
It would not, however, allow such trading in the opposite direction (e

.g. to apply a surplus ofNOx to a shortfall in direct PM 10 .) The reasoning behind both the directional nature ofthe trading and the ratio specified is explained in the second attachment to this memo.
The proposed rule would essentially be a duplication ofR307-310, which allows the same type oftrading when demonstrating transportation conformity to the PM 10 SIP for Salt Lake County.
A public comment period was held from January I to February 12,2015

. No comments were received on proposed rule R307-311; however, EPA did comment on the technical basis underlying the rule. Those comments may be summarized as follows:



## H-3I. DAQ's draft technical support document (TSD) had relied upon an EPA proposal from 1996 to support the direction oftrade prescribed in proposed rule R307-311. The 1996 position was also used in support ofa similar trading rule for Salt Lake County, which was approved in 2002, but since that time EPA has issued additional guidance: "Revised Policy to Address Reconsideration of lnterpollutant Trading Provi sions for Fine Particles ( PM2

.5), July 21 , 2011." EPA recommends that DAQ make use ofthis more recent guidance in its TSD.
2

. DAQ' s draft TSD had also relied upon some sensitivity modeling from Utah's 2013 PM 2
.5 SIP for the Provo nonattainment area. That modeling had determined an equivalence ratio between NOx and PM 25 , and the ratio had been used to support the one-to-one trading ratio prescribed in proposed rule R307-311. Application ofthe NOxto PM 25 ratio wasjustified with an assertion that, in Utah County, wintertime PM 25 is sufficiently similar to wintertime PM 10 • The 2013 SIP has since been superseded, and EPA recommends instead that DAQ use the modeling from the December 2014 PM 2

_ 5 SIP revision

. This more recent modeling would : a) more directly address the relationship between NOx and PM 10 in order to support proposed rule R307- 311 , and b) more correctly establish the relationship between NOx and PM 25 for the additional purpose ofevaluating any potential impacts due to the proposed rule with respect to attainment of the 24-hour PM 2
.5 standard and reasonable further progress toward that end.
3

. Concerning potential impacts due to proposed rule R307-311 with respect to attainment and reasonable further progress toward attainment ofother National Ambient Air Quality Standards, EPA comments that DAQ should consider ozone and N0 2 in addition to CO and PM 2.5 , the pollutants for which Utah County is (or was) designated as not attaining.
In response to those comments, DAQ has worked with EPA Region 8 to apply the community multi-scaled air quality modeling from the December 2014 SIP revision directly to the proposal for R307-311

. The model was run using inventories ofboth PM 10 and PM2.5 , and determinations ofequivalence with respect to NOxwere made for each

. The modeling is consistent with the approach presented in EPA ' s July 21 , 2011 , guidance document, and its conclusions support both the one-to-one ratio and the direction oftrade prescribed by proposed rule R307-311

. In addition, the equivalence ratio determined for NOxto PM 25 supports the conclusion that the proposed rule would not adversely affect 24-hour PM 2.5 concentrations in Utah County

. The revised TSD also includes an assessment ofthe proposed rule with respect to CO, ozone, and N0 2 . StaffRecommendation: Staffrecommends the Board adopt R307-311 , Utah County : Trading ofEmission Budgets for Transportation Conformity, as proposed

. A copy ofthe proposal is attached, as is documentation describing the technical basis for the proposed rule

.



## H-4

# Effective Rule

### R307-311 DAR No. 38997, NEW 

### Effective: March 5, 2015



## E- 1R307. Environmental Quality, Air Quality. R307-311. Utah County: Trading of Emission Budgets for Transportation Conformity. R307-311-1. Purpose. This rule establishes the procedures that may be used to trade a portion of the primary PM 10 budget when demonstrating that a transportation plan, transportation improvement program, or project conforms with the motor vehicle emission budgets in the Utah County portion ofSection IX, Part A of the State Implementation Plan, "Fine Particulate Matter(PMIO)"
R307-311-2. Definitions. The definitions contained in 40 CFR 93

. I0 I , effective as of the date referenced in R307-IOI-3 , are incorporated into this rule by reference. The following additional definitions apply to this rule

. "Budget" means the motor vehicle emJssJon projections used in the attainment demonstration in the Utah County portion of Section IX, Part A of the State Implementation Plan, "Fine Particulate Matter (PMI0)." "NOx" means oxides ofnitrogen

. "Primary PM 10" means PM I0 that is emitted directly by a source
. Primary PMIO does not include particulate matter tha t is formed when

.gaseous emissions undergo chemical reactions in the ambient air

. ''Transportation Conformity" means a demonstration that a transportation plan, transportation improvement program, or pro j ect conforms with the' emissions budgets in a state implementation plan, as outlined in 40 CFR Chapter I, Part 93 , "Determining Conformity of Federal Actions to State or Federal Implementation Plans."
R307-31 t-3. Applicability. (I) This rule applies to agencies responsible for demonstrating transportation conformity with the Utah County portion ofSection IX, Part A ofthe State Implementation Plan,

"Fine Particulate Matter (PMIO)." (2) This rule does not apply to emission budgets from Section IX, Part C.6 of the State Implementation Plan, "Carbon Monoxide Maintenance Plan."
R307-3ll-4. Trading Between Emission Budgets. (I) The agencies responsible for demonstrating transportation conformity are authorized to supplement the budget for NOx with a portion ofthe budget for primary PM I0 for the purpose of demonstrating transportation conformity for NOx

. The NOx budget shall be supplemented using the following procedures

. (a) The metropolitan planning organization shall include the following information in the transportation conformity demonstration : (i) The budget for primary PMIO and NOx for each required year of the conformity demonstration, before trading allowed by this rule has been applied; (ii) The portion of the primary PMIO budget that will be used to supplement the NOx budget, specified in tons per day using a I :I ratio of primary PM I0 to NOx, f or each required year ofthe conformity demonstration; (iii) The remainder ofthe primary PMIO budget that will be used in the conformity demonstration for primary PM 10, specified in tons per day for each required year of the conformity demonstration; and (iv) The budget for primary PMIO and NOx for each required year ofthe conformity demonstration after the trading allowed by this rule has been applied

. (b) Transportation conformity for NOx shall be demonstrated using the NOx budget supplemented by a portion of the primary PMIO budget as described in (aXii). Transportation conformity for primary PMIO shall be demonstrated using the remainder ofthe primary PMIO budget described in (aXiii)

. (c) The primary PMIO budget shall not be supplemented by using a portion ofthe NOx budget.
KEY: air pollution, transportation conformity, PMIO Date of Enactment or Last Substantive Amendment: March 5, 2015 Authorizing, and Implemented or Interpreted Law: 19-2- 104
!-dar--



## E-2

# Technical Support DocumentTechnical Support Documentation for Conformity Budget Trading in Utah County

PM 10 is particulate matter with diameters smaller than 10 micrometers. PM 10 consists of solid and/or liquid particles of (1) primary particles : directly emitted PM or PM that quickly condenses upon release and (2) secondary particles: PM that is formed in the atmosphere from gaseous precursors. Important gaseous precursors to PM include sulfur dioxide (S0 2 ) which converts to sulfate (S0 4=) particles, nitrogen oxides (NOx) which convert to nitrate (N0 3 ") particles, volatile organic compounds (VOCs) , some of which convert to secondary organic aerosols, and ammonia (NH 3 ) which adds to the mass of sulfate PM and allows nitric acid to convert to PM 10 in the form of ammonium nitrate. Currently in Utah County, transportation plans must conform to emission budgets for PM 10 and NOx that were derived from the 2002, EPA-approved, PM 10 SIP. Since the regulatory goal is to achieve attainment of the NAAQS, it should not matter in a conformity analysis whether PM 10 consists of directly emitted (primary) PM 10 or (secondary) nitrate formed in the atmosphere from gaseous NOx emissions, a precursor to PM 10 . This paper outlines the scientific rationale for why excess NOx emissions can be offset on a one-to-one (1:1) basis with available PM 10 budget, and why proposed rule R307-311 is conservative (i.e

., protective of the environment) in specifying both a one-way direction of trade and a trading ratio of 1:1.

What Fraction of the NOx Emissions Convert to PM 10 ?
Each ton of gaseous NOx that gets converted to PM 10 creates more than a ton of PM 10 because the molecular weight of ammonium nitrate PM 10 is greater than the molecular weight of NOx gaseous emissions. Considering the ratio of the molecular weights of the NOx precursor gas and the resulting ammonium nitrate aerosol (PM 10 ), a ton of NOx that is converted from a gas to a particle can form as much as 1.74 tons of PM 10 . However, not all NOx emissions are converted because it takes time to convert NOx to nitric acid (HN0 3 ), which is the necessary gaseous precursor to ammonium nitrate PM 10 . These reactions generally
occur at rates of 1 to 10 percent per hour. Thus, it would take at least 10 hours to fully convert to nitric acid

. After this initial conversion, only a fraction of the gaseous nitric acid will condense as ammonium nitrate PM 10 , depending on equilibrium considerations

. Finally, during the gas-to-particle conversion process, deposition will remove a significant amount of material. Throughout this process of NOx conversion to nitric acid, and then to PM 10 with deposition, an equivalent amount of directly emitted PM 10 is having a much larger effect on PM 10 concentration. Directly emitted PM 10 has an effect on ambient concentration immediately upon its release, while NOx emissions require hours to have an effect.
The conversion of NOx to PM 10 has been discussed at EPA since at least 1996:

1"The conversion process may depend on several variables , including the availability of chemical reactants in the atmosphere for the conversion process, and the difference in mass between the PM-10 precursor molecule and the PM-10 particle that the precursor reacts to become

. Another concern is that the rate of conversion of the precursor to PM

- 10 may be so long that the precursor may not entirely convert to PM

- 10 within the same nonattainment area

. Thus, there would be less counteracting effect and no net improvement to air quality in the area. Under the EPA's proposal , a source of a PM

- 10 precursor may offset its increased emissions with the same precursor type or PM

- 10 (or a combination of the two)

. In this situation, a net improvement in air qual ity would be assured

. At this point, howeve r, the EPA is not proposing to allow offsetting among different types of PM-10 precursors, or offsetting PM-10 increases with reduction in PM

- 10 precursors, because the Agency does not now have a scientific basis to propose conversion factors

." (FR, Vol.61, No.142, page 38305, July 23 , 1996, emphasis added)
EPA' s most recent guidance (Revised Policy to Address Reconsideration of lnterpollutant Trading Provisions for Fine Particles (PM 2

.5 ), July 21 , 2011) speaks to an earlier (2008) rule in which EPA had provided presumptive trading ratios between PM 2

.5 and precursors, including NOx, that could be applied without any additional analysis to conclude that there would be no dis-benefit to overall PM 2

.5 concentrations

. As with the 1996 guidance, the ratio provided in the 2008 rule (200 tons of NOx being equivalent to 1 ton of PM 2

_ 5 ) supported the one-way direction of trading offered in proposed rule R307

- 311. Legal challenges to the 2008 rule forced EPA to revisit the issue and agree that the presumptive ratios therein were not sufficiently conservative to ensure the net air quality benefit to ambient PM 2

.5 concentrations across all areas of the country, and that the modeling behind the presumptive ratios was not applicable to situations involving 24-hour averaging periods

. Thus, the Revised Policy from 2011 indicates that "states will be expected to develop separate PM 2

.5 precursor offset ratios that are demonstrated to be suitable for addressing the particular precursor's relationship w ith ambient PM 2

.5 concentrations for 24-hour averaging periods that are causing violations in that nonattainment area. " "Each ratio will need to be supported by modeling or other technical demonstration to show that such ratio is suitable for the particular PM 2
.5 nonattainment area of concern ." It goes on to provide a general framework for such efforts, involving the following steps : 1) Definition ofthe appropriate geographical area 2) Sensitivity runs with appropriate air quality models 3) Calculation of interpollutant ratios, and 4) Quality assurance of the results
In support of proposed rule R307-311 , UDAQ has applied this methodology to the Utah County PM 10 nonattainment area. Although the guidance is specific to PM 2

.5 , it has direct applicability to the PM 1o situation in Utah County, which was designated a nonattainment area for violations of the 24

-hour standard (only)

. Exceedances of the 24

- hour standard are characterized by spikes in secondary aerosol formation under conditions of wintertime temperature inversions which prevent good atmospheric mixing and facilitate conversion of secondary PM 10

. A high percentage of the PM 10 monitored in Utah County, during winter episodes of elevated concentration, lies also within the PM 2

.s fraction

. The Utah County PM10 SIP identified both NOx and S0 2 as precursors to PM 10
.

2Parts of Utah County (the valley regions) are also designated as nonattainment for PM 2
.5 , and a SIP for that area was developed and submitted to EPA in December of 2014. The air quality modeling for that SIP was conducted using the Community Multi

-Scale Air Quality model (CMAQ)

. CMAQ is capable of determining the relative importance of NOx and PM 10

. The emission inventories that were developed for the 2014 SIP included PM 2.5 , S0 2 , NOx, VOC, and Ammonia, but PM 10 was also inventoried at the
same time. Thus, the sensitivity runs made for the purpose of supporting proposed rule R307-311 employed the CMAQ model, as developed for Utah County, with a substitution of PM 10 emissions for PM 2.5 • The model was also re-validated with respect to PM 10 emissions data from the episode period prior to making the sensitivity runs. Having made these adjustments, the model was run to provide a time

-series plot (see Appendix A.) The ratio of NOx to PM 10 equivalence was determined to be 5

.702 to one. Since the ratio is greater than 1 : 1 , it can be concluded that reducing primary PM 1o is more beneficial than reducing NOx for improving Utah County's air quality.
Th is conclusion supports the proposed rule which would only allow the trading ofthe PM 10 budget to the NOx budget, at a ratio of 1 : 1 , but would not allow the substitut ion of NOx for primary PM 10
. With these terms , there would be no adverse impact to overall ambient 24-hour PM 10 concentrations within Utah County. Such terms are consistent with current and former EPA policy

.

3Impact of the Combined Budget Program on Other Pollutants
The analysis discussed in the preceding section made an evaluation with respect to the potential impact that proposed rule R307-311 could have on the overall levels of ambient PM 10 in Utah County

. There
are several other pollutants to be concerned about as well in Utah County, and this next section will make some evaluations with respect to each of those.
Most importantly, Utah County is a nonattainment area for PM 2.5 , and the Provo-Orem area within Utah County is a carbon monoxide (CO} maintenance area. Also of note however are the Ozone and N0 2 standards

. Both could be affected by additional emissions of NOx. Each ofthese pollutants will be discussed in turn.
PM 2.5 - Parts of Utah County (the valley regions} are also designated as nonattainment for PM 2.5, and a SIP for the area was developed and submitted to EPA in December of 2014. As with PM 10 (described above}, sensitivity runs were made using the CMAQ model, as developed for the 2014 PM 25 SIP, in order to determine an equivalence ratio between NOx and PM 25 • The resulting ratio of NOx to PM 25 was determined to be 13.09 to one

. Like the result for PM 10 , the ratio is greater than one to one, and therefore shows that reducing primary PM 2
.5 is more beneficial than reducing the same quantity of NOx

. However, in order that this result supports a determination that the proposed rule R307-311 would not have an adverse impact on overall PM 25 concentrations in Utah County, it becomes necessary to look at the physical make-up of PM 10 emissions from on-road mobile sources and determine the fraction thereofthat would also be defined as PM 2
.5 • The following table considers PM emissions as they were inventoried, for the year 2015, in the 2014 PM 2
.5 SIP, for the Provo, UT

. nonattainment area

.

Utah County; On-Road Mobile Source**Emission~** r

# ~ - 

# ' ! tpd in 2015 PMlO PM2.5 %PM2.5



## - Road Dust 3.950 0.99 25.1%

- 

### - -- 

# - - Direct PM 1.840 1.38 75.0% --· 

### - 

# -- -- 

## - Total 5

.790 2

.370 40.9%

Note that " direct" PM is the combined sum of brake wear, tire wear, and tailpipe emissions wh ich include elemental carbon , organic carbon, and sulfate as 50 4 •

The overall percentage of PM 2.5 emissions shows that for every ton of PM 10 emissions due to on -road mobile sources, 0.409 tons would also be PM 2
.5 . Proposed rule R307-311 would allow a one-ton increase in NOx emissions to be offset by a one-ton decrease in the PM 10 emissions

. By extension, that

4one-ton increase in NOx would be offset by a 0.409-ton decrease in PM 2.5 emissions

. In terms of an equivalence ratio (NOx to PM 2.5 ), this could be expressed as 2.44 to one

. The NOx to PM 2

_ 5 ratio determined for this area using CMAQ (13

.09 to 1) is greater than 2.44 to 1. Therefore , it can be concluded that the proposed rule which would only allow the trading of the PM 10 budget to the NOx budget, at a ratio of 1 : 1 , and would not allow the substitution of NOx for primary PM 10 , would have no adverse impact on overall ambient 24

-hour PM 2
.5 concentrations within Utah County

. As an add itional point for consideration: The 2014 SIP for PM 2.5 includes an assessment of NOx emissions for the year 2015, even if there is no corresponding motor vehicle emissions budget

. Within Utah County, on -road mobile sources are expected to account for 21.48 tons per winter weekday (based
on MOVES2010a)

. It is perhaps worth noting that this estimate is greater than the combined sum ofthe 2020 MVEB for both PM 10 and NOx

. In other words, even ifthe entire PM 10 budget were traded to increase the NOx budget as a result of proposed rule R307-311 , the resulting total would still be less than the 2015 NOx estimate within the PM 25 SIP

. CO- As mentioned above, the Provo

-Orem area is a carbon monoxide (CO) maintenance area. NOx emissions do not act as a precursor to carbon monoxide, and nothing in this proposal would be expected to impact the Provo-Orem area' s current CO maintenance status

. The CO maintenance plan has its own CO budget, which has

.been set at a level demonstrated to keep the Provo

-Orem area in attainment with the CO standard. Nothing i n this proposal changes this budget, and the MPO has been able to demonstrate compliance with this budget by a wide margin

. A look at recently monitored data from Utah County can also be useful in looking at any potential impact from proposed rule R307-311. The following table shows that Utah continues to monitor compliance with the NAAQS for CO, which is

.set at 35 ppm for a one-hour averaging period and 9 ppm for an 8

- hour averaging period

.

Utah County Annual 3-Yr DV 

## co CO 1

- Hr (ppm) CO 8-Hr (ppm) CO 1

- Hr (ppm) CO 8-Hr (ppm) Year North Provo North Provo North Provo North Provo 2007 3

.8 2.4



## - - - 2008 3.9 1.8

- 2009 3.9 2

.5 3

.9 2

.2

- 

### - 2010 2

.8 1.9 3

.5 2.1



# -- - -

- 2011 2

.9 2 3

.2 2.1



### - 

## -·- - - 2012 2

.7 1.8 2

.8 1.9 2013 3 2

. 1 2.9 2

.0



## - 2014 2

.7 1.9 2

.8 1

.9

5Ozone- Again, a look at recently monitored data from Utah County can be useful in looking at any potential impact from proposed rule R307-311

. The following table shows that Utah continues to monitor compliance with the NAAQS for ozone, which is set at 75 ppb based on a three-year average of the annual 4th highest daily eight-hour average concentration.

Utah County Annual 3-Yr DV Ozone 03 4th Max (ppb) 03 4th Max (ppb) Year North Provo Spinish Fork North Provo Spinish Fork 2007 75 77



## - 

## -- 2008 74 71

,_,

# __**~- --~-**  - - 2009 68 69 72

.3 72

.3



# ---- - 

# ---- ---- - - 

# -- 2010 70 70 70

.7 70

.0



# --- ---- - 

## ----- - 2011 65 65 67

.7 68.0



## - - - 

# -- - 

# ---- - 

### --- 

## -- - 

## - - 2012 77 76 70

.7 70.3



## -- - 

## -- - - 

# -- - - 

# -- 2013 77 70 73.0 70.3 2014 65 69 73

.0 71.7

N0 2 -Again, it is useful to look at recently monitored data from Utah County

. The following table shows that Utah continues to monitor compliance with the NAAQS for N0 2 , which is set at 100 ppb for a onehour averaging period and determined as the three

-year average of annually determined , 98th percentile, one-hour values. Utah has never experienced difficulty with the N0 2 standard anywhere in the state, so it is no surprise that it is not an issue in Utah County

.

Utah County Annual 3-Yr DV N02 N02 98% (ppb) N02 98% (ppb) Year North Provo North Provo 2007 63

,_ 2008 57

-**~** 

### - 2009 56 58

.7 2010 

## so 54

.3



# -- 2011 58 54

.7 2012 66 58.0 2013 75 66

.3 2014 64 68

.3

Note : There is also an annual standard of and 53 ppb for an annual averaging period, but the hourly standard is more constraining.

6The preceding discussion shows that proposed rule R307-311 would not interfere with attainment or reasonable further progress toward attainment of any National Ambient Air Quality Standard. This is in keeping with section 110(1) of the Clean Air Act. Furthermore, the projected trend in NOx emissions from on-road mobile sources is showing a significant decline. Looking at projected trends in NOx emissions from on-road mobile sources, EPA has just finalized an important rule designed to reduce air pollution from passenger cars and trucks. Starting in 2017, Tier 3 sets new vehicle emissions standards and lowers the sulfur content of gasoline

. The tailpipe standards include different phase-in schedules that vary by vehicle class but generally phase in between model years 2017 and 2025

. The vehicle emission standards combine, d with the reduction of gasoline sulfur content will significantly reduce motor vehicle emissions, including nitrogen oxides (NOx), volatile organic compounds (VOC), direct particulate matter (PM 2
.5 ), carbon monoxide (CO) and air toxics

. Compared to current standards, the non-methane organic gases (NMOG) and nitrogen oxides (NOx), presented as NMOG+NOx, tailpipe standards for light-duty vehicles represent approximately an 80% reduction from today's fleet average. Both of these pollutants contribute to the formation of ozone and secondary PM 2
.5 • Reductions ofthis magnitude suggest that the trends of ozone, PM 10 , and PM 2.5 concentrations will reflect these improvements.

Conclusion
Based on both EPA's interpollutant policy and a current scientific analysis addressing the formation of secondary ammonium nitrate in Utah County, it may be concluded that reducing primary PM 10 is more beneficial than reducing NOx for improving Utah County's overall 24-hour PM 10 concentrations.
The modeling analysis shows that the equivalence ratio of NOx to PM 10 is greater than 1:1. In doing so, it confirms that the terms of proposed rule R307-311, a) trading in one direction only (increases in NOx offset by decreases in PM 10 ), and b) at a ratio of 1:1, are conservative from the standpoint of ambient 24-hour PM 10 concentrations. Additionally, the rule does not adversely impact air quality, and will not interfere with attainment, maintenance, or reasonable further progress toward attainment, with respect to PM 2

_ 5 , CO, ozone, or N0 2.

7Appendix A: CMAQ Air Quality Model Sensitivities used for Conformity Budget Trading in Utah County
The Utah Division of Air Quality performed a series of model sensitivity analyses to estimate the reductions in 24-hr PM 10 and 24-hr PM 2.s concentrations, given corresponding per-ton reductions of NOx, direct PM 2.s. and direct PM 10 emissions 1 • This analysis was used to assess the relative importance of NOx vs. PM, and to determine would-be budget trading ratios between the two for transportation conformity purposes in Utah County

. These would-be ratios were compared to the actual budget trading terms of proposed rule R307-311, to assess whether or not the proposed rule would be protective ofthe 24-hour NAAQS for both PM 10 and PM 2.5 • The simulations were performed using the Community Multiscale Air Quality (CMAQ) Model along with
a Utah County emissions inventory for 2015

. That inventory was prepared as part of a PM 25 SIP that
was submitted to EPA in December of 2014

. In the simulations, CMAQ was successively run assuming a 1 ton per day (TPD) reduction from the onroad mobile source emissions inventory for (each of) NOx, direct PM 2.s , and direct PM 10 emissions. Each of these runs was then compared against a base-case simulation in which no emissions were eliminated

. Figure

.A

. 1 shows the results for PM 10
. The modeled concentrations for the Base simulation are shown
as a blue trace

. The concentrations resulting from a corresponding 1-ton reduction in mobile source NOx emissions are shown as the red trace, and the concentrations corresponding to a 1-ton reduction in direct mobile source PM 10 emissions are shown as the green trace. Figure A.2 gives the results for PM 2.5 using the same color scheme.
From these modeling sensitivities, equivalence ratios between NOx and direct PM 10 , and NOx and direct PM 25 can be determined

. The resulting ratios are:
NOx to PM 10 = 5.702
NOx to PM 2.5 = 13.09
In each case, the model sensitivities show that a 1-ton reduction in either direct PM 10 or direct PM 25 emissions is more beneficial than a 1-ton reduction in NOx emissions.

1 The term "direct" particulate matter refers to the sum of brake wear, tire wear and tailpipe emissions which includes: elemental carbon, organic carbon and sulfate as 504 • 8Lindon

- Utah County Control ing Monitor 

# I :

# ~ _

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

# ·--·**-~-** _ M

__

# ··-_-**--, --'** **_:s: 4**  _

_ _

_ _

_

# ~~**~~----·_-·_--·-_--_-··-_·_--_-·_----. ·**  I 50 ! ;rr 

# l i40**~** I 30 

## I - Base Modelinc 20 1-ton NOx RedUction 

# i

- 1-ton PMlO Reduction 

# I

# >~"**•n -------** **n**_______

# Ja**n** _______

# an**------- n** ______

# .n**------ n**  ______

# --**Ja n**  ___
Figure A.1: CMAQ model times series for 24-hr PM10 concentrations for 2015 Base Emissions, 1

-ton reduction in mobile NOx emissions (red trace), and a 1-ton reduction in direct mobile PM10 emissions (green trace).



### "' E

....... 

# .. 80

70

60

50

2.40**~ ~**  Q.30

20 Lindon

- Utah County Controling Monitor
PM2.5/NOx Ratio = 13.091

10**··-····-·----=--- 1-t** **eM :!**  ...**R~!.!~Q !l** .. ····--...·-··········--·-----·-------------------------------

01-Jan 3-Jan 5-Jan 7-Jan 11

-Jan 13-Jan 15-Jan Figure A.2: CMAQ model times series for 24-hr PM 2.5 concentrations for 2015 Base Emissions, 1-ton reduction in mobile NOx emissions (red trace), and a 1-ton reduction in direct mobile PM 2

_ 5 emissions (green trace).

9

# Certification

### I, Mark W. Berger, Rules Coordinator for the Utah Division ofAir Quality, do hereby certify that the public comment period held to receive comments regarding R307-311 (DAR #38997) , was held in accordance with the information provided in the published public notices and as defmed 

### in Utah Code 19-2-109 and that no public hearing was held as one was not requested. R307-311 was adopted by the Utah Air Quality Board on March 4, 2015 and made effective March 5, 2015. Signed this

# __1L day ofMarch 2015

.

# /~f