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 PM10 State Implementation Plan for Utah County. It does so by 

allowing the MPO to apply a potential surplus in its budget for direct PM10 to a potential future 

year shortfall in its budget for NOx at a ratio of one-to-one. 

The Utah Division of Air Quality is submitting supporting documentation in both 

electronic and hard copy formats. The electronic and hard copy documents are exact duplicates. 

If you have questions about this request, you may call Bryce Bird, Director of the Utah Division 

of Air Quality, at (801) 536-4064. 

Sincerely, 

~:;~1;~-f- Governor 

Enclosures 

State ofUtah 

GARY R. HERBERT 

Governor 

SPENCER J. COX 

Lieutenant Governor 

March 11 , 2015 

Department of 

Environmental Quality 

Amanda Smith 

Executive Director 

DIVISION OF AIR QUALITY 

Bryce C. Bird 

Director 

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 of the administrative 

documentation in support of Governor Herbert's March 9, 2015 State Implementation Plan 

submittal of rule new rule R3 07-311 , Utah County: Trading of Emission Budgets for 

Transportation Conformity. 

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

Sincerely, 

-zJ;~L-~ 

Bryce C. Bird 

Director 

BB:MB:svw 

Enclosures 

I 95 North I 950 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 (801) 536-4099 • T.D.D. (80 1) 536-44 14 

www.deq.utah.gov 

Printed on I 00% recycled paper 

UTAH 

Administrative Documentation 

R307-311. Utah County: Trading of Emission Budgets for 

Transportation Conformity. 

State of Utah 

Department of Environmental Quality 

Division of Air Quality 

195 N. 1950 West 

P.O. Box 144820 

Salt Lake City, Utah 84114-4820 

801-536-4000 

March 11,2015 
UTAH 

ADMINISTRATIVE DOCUMENTATION March 2015 
R307-311. Utah County: Trading of Emission 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, Administrative Rulemaking Act ............................................................... C-23 

Utah Administrative 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 of Public Comment Period ..................... .................................................................. H-1 

R307-311: Summary of Public 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 of state and purpose of chapter -- Support of local and regional programs --Provision 

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

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

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

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

19-2-105. Duties 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 of construction or modification of installations required -- Authority of director to prohibit 

construction --Hearings -- Limitations on authority of director -- Inspections authorized ......................................... 1 0 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

c- 1 
Title 19. Environmental 

Quality Code. 

Chapter 2. Air Conservation Act. 

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

purpose of chapter- Support of local and 

regional programs -- Provision of coordinated 

statewide program. 

(1) This chapter is known as the "Air 

Conservation Act." 

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

purpose of this chapter to achieve and maintain 

levels of air quality which will protect human 

health and safety, and to the greatest degree 

practicable, prevent injury to plant and animal 

life and property, foster the comfort and 

convenience of the people, promote the 

economic and social development of this state, 

and facilitate the enjoyment of the natural 

attractions ofthis state. 

(3) Local and regional air pollution 

control programs shall be supported to the extent 

practicable as essential instruments to secure and 

maintain appropriate levels of air quality. 

(4) The purpose ofthis chapter is to: 

(a) provide for a coordinated statewide 

program of air pollution prevention, abatement, 

and control; 

(b) provide for an appropriate 

distribution of responsibilities among the state 

and local units of government; 

(c) facilitate cooperation across 

jurisdictional lines in dealing with problems of 

air pollution not confined within single 

jurisdictions; and 

(d) provide a framework within which 

air quality may be protected and consideration 

given to the public interest at all levels of 

planning and development within the state .. 

19-2-102. Definitions. 

As used in this chapter: 

(I) "Air contaminant" means any 

particulate matter or any gas, vapor, suspended 

solid, or any combination of them, excluding 

steam and water vapors. 

(2) "Air contaminant source" means all 

sources of emission of air contaminants whether 

privately or publicly owned or operated. 

(3) "Air pollution" means the presence 

in the ambient air of one or more air 

contaminants in the quantities and duration and 

under conditions and circumstances as is or 

tends to be injurious to human health or welfare, 

animal or plant life, or property, or would 

unreasonably interfere with the enjoyment oflife 

or use of property, as determined by the rules 

adopted by the board. 

(4) "Ambient air" means the 

surrounding or outside air. 

(5) "Asbestos" means the asbestiform 

varieties of serpentine (chrysotile), riebeckite 

(croci do lite), 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. 

(I 0) "Director" means the director of 

the Division of Air 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 

of them, installed or acquired for the primary 

purpose of controlling or disposing of air 

pollution. 

(b) "Facility" does not include an air 

conditioner, fan, or other similar facility for the 

C- 2 
comfort of personnel. 

(13) "Friable asbestos-containing 

material" means any material containing more 

than 1% asbestos, as determined using the 

method adopted in 40 CFR Part 61, Subpart M, 

National Emission Standard for Asbestos, that 

hand pressure can crumble, pulverize, or reduce 

to powder when dry. 

(14) "Indirect source" means a facility, 

building, structure, or installation which attracts 

or may attract mobile source activity that results 

in emissions of a pollutant for which there is a 

national standard. 

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

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

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

installation, excavation, machinery, equipment, 

or device, or any addition to, reconstruction, 

replacement or improvement of, land or an 

existing structure, building, installation, 

excavation, machinery, equipment, or device 

reasonably used, erected, constructed, acquired, 

or installed by any person if the primary purpose 

of the use, erection, construction, acquisition, or 

installation is the prevention, control, or 

reduction of air or water pollution by: 

(i) the disposal or elimination of or 

redesign to eliminate waste and the use of 

treatment works for industrial waste as defined 

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

(ii) the disposal, elimination, or 

reduction of or redesign to eliminate or reduce 

air contaminants or air pollution or air 

contamination sources and the use of air 

cleaning devices. 

(b) "Pollution control facility" or 

"facility" does not include air conditioners, 

septic tanks, or other facilities for human waste, 

nor any property installed, constructed, or used 

for the moving of sewage to the collection 

facilities of a public or quasi-public sewerage 

system. 

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

--Terms-- Organization --Per diem and 

expenses. 

(1) The board consists of the following 

nine members: 

(a) the following non-voting member, 

except that the member may vote to break a tie 

vote between the voting members: 

(i) the executive director; or 

(ii) an employee of the department 

designated by the executive director; and 

(b) the following eight voting 

members, who shall be appointed by the 

governor with the consent of the Senate: 

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 of the board shall: 

(a) be knowledgeable about air 

pollution matters, as evidenced by a professional 

degree, a professional accreditation, or 

documented experience; 

(b) be a resident of Utah; 

(c) attend board meetings in 

accordance with the attendance rules made by 

the department under Subsection 19-1-

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

(d) comply with all applicable statutes, 

rules, and policies, including the conflict of 

interest rules made by the department under 

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

(3) No more than five of the appointed 

members of the board shall belong to the same 

political party. 

(4) A majority of the members ofthe 

C-3 
board may not derive any significant portion of 

their income from persons subject to permits or 

orders under this chapter. 

(5) (a) Members shall be appointed for 

a term of four years. 

(b) Notwithstanding the requirements of 

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

of appointment or reappointment, adjust the 

length of terms to ensure that the terms of board 

members are staggered so that half of the 

appointed board is appointed every two years. 

(c) (i) Notwithstanding Subsection 

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

appointed before March 1, 2013, shall expire on 

February 28, 2013. 

(ii) On March 1, 2013, the governor 

shall appoint or reappoint board members in 

accordance with this section. 

(6) A member may serve more than 

one term. 

(7) A member shall hold office until 

the expiration of the member's term and until the 

member's successor is appointed, but not more 

than 90 days after the expiration of the member's 

term. 

(8) When a vacancy occurs in the 

membership for any reason, the replacement 

shall be appointed for the unexpired term. 

(9) The board shall elect annually a 

chair and a vice chair from its members. 

(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 of the director, or upon the request of 

three members of the board. 

(c) Three days' notice shall be given to 

each member of the board before any meeting. 

(11) Five members constitute a quorum 

at any meeting, and the action of a majority of 

members present is the action of the board. 

(12) A member may not receive 

compensation or benefits for the member's 

service, but may receive per diem and travel 

expenses in accordance with: 

(a) Section 63A-3-1 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 of board. 

(1) The board may make rules in 

accordance with Title 63G, Chapter 3, Utah 

Administrative Rulemaking Act: 

(a) regarding the control, abatement, 

and prevention of air pollution from all sources 

and the establishment of the maximum quantity 

of air contaminants that may be emitted by any 

air contaminant source; 

(b) establishing air quality standards; 

(c) requiring persons engaged in 

operations which result in air pollution to: 

(i) install, maintain, and use emission 

monitoring devices, as the board finds 

necessary; 

(ii) file periodic reports containing 

information relating to the rate, period of 

emission, and composition of the air 

contaminant; and 

(iii) provide access to records relating 

to emissions which cause or contribute to air 

pollution; 

(d) (i) implementing: 

(A) Toxic Substances Control Act, 

Subchapter II, Asbestos Hazard Emergency 

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

(B) 40 C.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 of the federal Clean Air Act 

Amendments of 1990; 

(g) establishing requirements for county 

emissions inspection and maintenance programs 

after obtaining agreement from the counties that 

would be affected by the requirements; 

C-4 
(h) with the approval of the governor, 

implementing in air quality nonattainment areas 

employer-based trip reduction programs 

applicable to businesses having more than I 00 

employees at a single location and applicable to 

federal, state, and local governments to the 

extent necessary to attain and maintain ambient 

air quality standards consistent with the state 

implementation plan and federal requirements 

under the standards set forth in Subsection (2); 

and 

(i) implementing lead-based paint 

remediation training, certification, and 

performance requirements in accordance with 15 

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

Act, Subchapter IV -- Lead Exposure Reduction, 

Sections 402 and 406. 

(2) When implementing Subsection 

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

(a) the impact of the business on overall 

air quality; and 

(b) the need of the business to use 

automobiles in order to carry out its business 

purposes. 

(3) (a) The board may: 

(i) hold a hearing that is not an 

adjudicative proceeding relating to any aspect 

of, or matter in, the administration of this 

chapter; 

(ii) order the director to: 

(A) issue orders necessary to enforce 

the provisions of this chapter; 

(B) enforce the orders by appropriate 

administrative and judicial proceedings; or 

(C) institute judicial proceedings to 

secure compliance with this chapter; or 

(iii) advise, consult, contract, and 

cooperate with other agencies of the state, local 

governments, industries, other states, interstate 

or 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 of this chapter; 

(iii) require the owner and operator of 

each new source which directly emits or has the 

potential to emit 100 tons per year or more of 

any air contaminant or the owner or operator of 

each existing source which by modification will 

increase emissions or have the potential of 

increasing emissions by 100 tons per year or 

more of any air contaminant, to pay a fee 

sufficient to cover the reasonable costs of: 

(A) reviewing and acting upon the 

notice required under Section 19-2-1 08; and 

(B) implementing and enforcing 

requirements placed on the sources by any 

approval order issued pursuant to notice, not 

including any court costs associated with any 

enforcement action; 

(iv) meet the requirements of federal air 

pollution laws; 

(v) by rule, establish work practice, 

certification, and clearance air sampling 

requirements for persons who: 

(A) contract for hire to conduct 

demolition, renovation, salvage, encapsulation 

work involving friable asbestos-containing 

materials, or asbestos inspections if: 

(I) the contract work is done on a site 

other than a residential property with four or 

fewer units; or 

(II) the contract work is done on a 

residential property with four or fewer units 

where a tested sample contained greater than 1% 

of asbestos; 

(B) conduct work described in 

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

general public has unrestrained access or in 

school buildings that are subject to the federal 

Asbestos Hazard Emergency Response Act of 

1986; 

(C) conduct asbestos inspections in 

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

Toxic Substances Control Act, Subchapter II -

Asbestos Hazard Emergency Response; or 

(D) conduct lead paint inspections in 

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

Toxic Substances Control Act, Subchapter IV--

C-5 
Lead Exposure Reduction; 

(vi) establish certification requirements 

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

seq., Toxic Substances Control Act, Subchapter 

II - Asbestos Hazard Emergency Response, to be 

accredited as inspectors, management planners, 

abatement project designers, asbestos abatement 

contractors and supervisors, or asbestos 

abatement workers; 

(vii) establish certification requirements 

for asbestos project monitors, which shall 

provide for experience-based certification of 

persons who, prior to establishment of the 

certification requirements, had received relevant 

asbestos training, as defined by rule, and had 

acquired at least 1 ,000 hours of experience as 

project monitors; 

(viii) establish certification procedures 

and requirements for certification of the 

conversion of a motor vehicle to a clean-fuel 

vehicle, certifying the vehicle is eligible for the 

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

1009; 

(ix) establish a program to certify 

private sector air quality permitting 

professionals (AQPP), as described in Section 

19-2-1 09.5; 

(x) establish certification requirements 

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

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

Exposure Reduction, to be accredited as 

inspectors, risk assessors, supervisors, project 

designers, or abatement workers; and 

(xi) assist the State Board of Education 

in adopting school bus idling reduction 

standards and implementing an idling reduction 

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

( 4) Any rules adopted under this 

chapter shall be consistent with provisions of 

federal laws, if any, relating to control of motor 

vehicles or motor vehicle emissions. 

(5) Nothing in this chapter authorizes 

the board to require installation of or payment 

for any monitoring equipment by the owner or 

operator of a source if the owner or operator has 

installed or is operating monitoring equipment 

that is equivalent to equipment which the board 

would require under this section. 

(6) (a) The board may not require 

testing for asbestos or related materials on a 

residential property with four or fewer units, 

unless: 

(i) the property's construction was 

completed before January 1, 1981; or 

(ii) the testing is for: 

(A) a sprayed acoustical ceiling; 

(B) transite siding; 

(C) vinyl floor tile; 

(D) thermal-system insulation or tape 

on a duct or furnace; or 

(E) vermiculite type insulation 

materials. 

(b) A residential property with four or 

fewer units is subject to an abatement rule made 

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

(i) a sample from the property is tested 

for asbestos; and 

(ii) the sample contains asbestos 

measuring greater than 1 %. 

(7) The board may not issue, amend, 

renew, modify, revoke, or terminate any of the 

following that are subject to the authority 

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

19-2-108: 

(a) a permit; 

(b) a license; 

(c) a registration; 

(d) a certification; or 

(e) another administrative authorization 

made by the director. 

(8) A board member may not speak or 

act for the board unless the board member is 

authorized by a majority of a quorum of the 

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

(9) Notwithstanding Subsection (7), the 

board may exercise all authority granted to the 

board by a federally enforceable state 

implementation plan. 

19-2-105. Duties of board. 

The board, in conjunction with the 

governing body of each county identified in 

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

shall order the director to perform an evaluation 

of the inspection and maintenance program 

developed under Section 41-6a-1643 including 

issues relating to: 

(1) the implementation of a 

C-6 
standardized inspection and maintenance 

program; 

(2) out-of-state registration of vehicles 

used in Utah; 

(3) out-of-county registration of 

vehicles used within the areas required to have 

an inspection and maintenance program; 

(4) use of the farm truck exemption; 

(5) mechanic training programs; 

(6) emissions standards; and 

(7) emissions waivers 

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

fleets. 

(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 of being fueled or that are 

fueled at a central location. 

(d) "Fleet" does not include motor 

vehicles that are: 

(i) held for lease or rental to the general 

public; 

(ii) held for sale or used as 

demonstration vehicles by motor vehicle dealers; 

(iii) used by motor vehicle 

manufacturers for product evaluations or tests; 

(iv) authorized emergency vehicles as 

defined in Section 41-6a-l 02; 

(v) registered under Title 41, Chapter 

I a, 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 of more than 26,000 

pounds; 

(viii) regularly used by employees to 

drive to and from work, parked at the 

employees' personal residences when they are 

not at their employment, and not practicably 

fueled at a central location; 

(ix) owned, operated, or leased by 

public transit districts; or . 

(x) exempted by board rule. 

(2) (a) After evaluation of reasonably 

available pollution control strategies, and as part 

of the state implementation plan demonstrating 

attainment of the national ambient air quality 

standards, the board may by rule, subject to 

(I) As used in this section: 

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

geographical areas to use clean fuels if the board 

determines fleet use of clean fuels is: 

(i) necessary to demonstrate attainment 

of the national ambient air quality standards in 

any area where they are required; and 

(ii) reasonably cost effective when 

compared to other similarly beneficial control 

strategies for demonstrating attainment of the 

national ambient air quality standards. 

(b) State implementation plans 

developed prior to July 1, 1995, may require 

fleets to use clean fuels no earlier than July I, 

1995, unless the board determines fleet use of 

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

demonstrate attainment of the national ambient 

air quality standards in any area by an 

attainment date established by federal law. 

(c) The board may not require more 

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

duty trucks having a gross vehicle weight rating 

of more than 8,500 pounds and not more than 

26,000 pounds to convert to clean fuels under 

Subsection (2)(b). 

(d) A vehicle retrofit to operate on 

compressed natural gas in accordance with 

Section I9-I-406 qualifies as a clean fuel 

vehicle under this section. 

(3) (a) After evaluation of reasonably 

available pollution control strategies, and as part 

of a state implementation plan demonstrating 

only maintenance of the national ambient air 

quality standards, the board may by rule, subject 

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

geographical areas to use clean fuels if the board 

determines fleet use of clean fuels is: 

(i) necessary to demonstrate 

maintenance of the national ambient air quality 

standards in any area where they are required; 

and 

(ii) reasonably cost effective as 

compared with other similarly beneficial control 

strategies for demonstrating maintenance of the 

national ambient air quality standards. 

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

may require no more than: 

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

before January I, 1998; 

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

before January 1, 1999; and 

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

before January 1, 2000. 

(c) The board may not require more 

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

duty trucks having a gross vehicle weight rating 

of more than 8,500 pounds and not more than 

26,000 pounds to convert to clean fuels under 

Subsection (3)(b). 

( 4) Rules the board makes under this 

section may include: 

(a) dates by which fleets are required to 

convert to clean fuels under the provisions of 

this section; 

(b) definitions of fleet owners or 

operators; 

(c) definitions of vehicles exempted 

from this section by rule; 

(d) certification requirements for 

persons who install clean fuel conversion 

equipment, including testing and certification 

standards regarding installers; and 

(e) certification fees for installers, 

established under Section 63J-l-504. 

(5) Implementation of this section and 

rules made under this section are subject to the 

reasonable availability of clean fuel in the local 

market as determined by the board. 

19-2-106. Rulemaking authority and 

procedure. 

(1) Except as provided in Subsection 

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

purpose of administering a program under the 

federal Clean Air Act may be more stringent 

than the corresponding federal regulations which 

address the same circumstances. In making 

rules, the board may incorporate by reference 

corresponding federal regulations. 

(2) The board may make rules more 

stringent than corresponding federal regulations 

for the purpose described in Subsection (1), only 

if it makes a written finding after public 

comment and hearing and based on evidence in 

the record, that corresponding federal 

regulations are not adequate to protect public 

health and the environment of the state. Those 

findings shall be accompanied by an opinion 

referring to and evaluating the public health and 

environmental information and studies contained 

in the record which form the basis for the 

board's conclusion. 

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

( 1) The executive director shall appoint 

the director. The director shall serve under the 

administrative direction of the executive 

director. 

(2) (a) The director shall: 

(i) prepare and develop comprehensive 

plans for the prevention, abatement, and control 

of air pollution in Utah; 

(ii) advise, consult, and cooperate with 

other agencies of the state, the federal 

government, other states and interstate agencies, 

and affected groups, political subdivisions, and 

industries in furtherance of the purposes ofthis 

chapter; 

(iii) review plans, specifications, or 

other data relative to pollution control systems 

or any part of the systems provided in this 

chapter; 

(iv) under the direction of the executive 

director, represent the state in all matters relating 

to interstate air pollution, including interstate 

compacts and similar agreements; 

(v) secure necessary scientific, 

technical, administrative, and operational 

services, including laboratory facilities, by 

contract or otherwise; 

(vi) encourage voluntary cooperation 

by persons and affected groups to achieve the 

purposes of this chapter; 

(vii) encourage locai units of 

government to handle air pollution within their 

respective jurisdictions on a cooperative basis 

and provide technical and consulting assistance 

to them; 

(viii) determine by means of field 

studies and sampling the degree of air 

contamination and air pollution in all parts of the 

state; 

(ix) monitor the effects of the emission 

of air contaminants from motor vehicles on the 

C-9 
quality of the outdoor atmosphere in all parts of 

Utah and take appropriate responsive action; 

(x) collect and disseminate information 

relating to air contamination and air pollution 

and conduct educational and training programs 

relating to air contamination and air pol1ution; 

. (xi) assess and collect noncompliance 

penalties as required in Section 120 of the 

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

(xii) comply with the requirements of 

federal air pollution laws; 

(xiii) subject to the provisions of this 

chapter, enforce rules through the issuance of 

orders, including: 

(A) prohibiting or abating discharges of 

wastes affecting ambient air; 

(B) requiring the construction of new 

control facilities or any parts of new control 

facilities or the modification, extension, or 

alteration of existing control facilities or any 

parts of new control facilities; or 

(C) adopting other remedial measures 

to prevent, control, or abate air pollution; and 

(xiv) as authorized by the board and 

subject to the provisions of this chapter, act as 

executive secretary of the board under the 

direction of the chairman of the board. 

(b) The director may: 

(i) employ full-time employees 

necessary to carry out this chapter; 

(ii) subject to the provisions of this 

chapter, authorize any employee or 

representative of the department to enter at 

reasonable time and upon reasonable notice in or 

upon public or private property for the purposes 

of inspecting and investigating conditions and 

plant records concerning possible air pollution; 

(iii) encourage, participate in, or 

conduct studies, investigations, research, and 

demonstrations relating to air pollution and its 

causes, effects, prevention, abatement, and 

control, as advisable and necessary for the 

discharge of duties assigned under this chapter, 

including the establishment of inventories of 

pollution sources; 

(iv) collect and disseminate information 

relating to air pollution and the prevention, 

control, and abatement of it; 

(v) cooperate with studies and research 

relating to air pollution and its control, 

abatement, and prevention; 

(vi) subject to Subsection (3), upon 

request, consult concerning the following with 

any person proposing to construct, install, or 

otherwise acquire an air contaminant source in 

Utah: 

(A) the efficacy of any proposed control 

device or proposed control system for the 

source; or 

(B) the air pollution problem that may 

be related to the source, device, or system; 

(vii) accept, receive, and administer 

grants or other funds or gifts from public and 

private agencies, including the federal 

government, for the purpose of carrying out any 

ofthe functions of this 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 of this chapter, exercise 

all incidental powers necessary to carry out the 

purposes of this chapter, including certification 

to any state or federal authorities for tax 

purposes the fact of construction, installation, or 

acquisition of any facility, land, building, 

machinery, or equipment or any part of them, in 

conformity with this chapter. 

(3) A consultation described in 

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

from the requirements of this chapter, the rules 

adopted under this chapter, or any other 

provision of law. 

19-2-1 08. Notice of construction or 

modification of installations required --

Authority of director to prohibit construction --

Hearings --Limitations on authority of director 

-- 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 of air 

pollution or to make modifications to an existing 

installation which will or might reasonably be 

c- 10 
expected to increase the amount of or change the 

character or effect of air contaminants 

discharged, so that the installation may be 

expected to be a source or indirect source of air 

pollution, or by any person planning to install an 

air cleaning device or other equipment intended 

to control emission of air contaminants. 

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

condition precedent to the constructiqn, 

modification, installation, or establishment of 

the air contaminant source or indirect source, the 

submission of plans, specifications, and other 

information as he finds necessary to determine 

whether the proposed construction, 

modification, installation, or establishment will 

be in accord with applicable rules in force under 

this chapter. 

(ii) Plan approval for an indirect source 

may be delegated by the director to a local 

authority when requested and upon assurance 

that the local authority has and will maintain 

sufficient expertise to insure that the planned 

i'nstallation will meet the requirements 

established by Jaw. 

(b) If within 90 days after the receipt of 

plans, specifications, or other information 

required under this subsection, the director 

determines that the proposed construction, 

installation, or establishment or any part of it 

will not be in accord with the requirements of 

this chapter or applicable rules or that further 

time, not exceeding three extensions 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 of an order 

either granting or denying a request for the 

construction of a new installation, and prior to 

invoking any such other remedies shall, upon 

request, in accordance with the rules of the 

department, be entitled to a permit review 

adjudicative proceeding conducted by an 

administrative law judge as provided by Section 

19-1-301.5. 

(4) Any features, machines, and 

devices constituting parts of or called for by 

plans, specifications, or other information 

submitted under Subsection (1) shall be 

maintained in good working order. 

(5) This section does not authorize the 

director to require the use of machinery, devices, 

or equipment from a particular supplier or 

produced by a particular manufacturer if the 

required performance standards may be met by 

machinery, devices, or equipment otherwise 

available. 

(6) (a) Any authorized officer, 

employee, or representative of the director may 

enter and inspect any property, premise, or place 

on or at which an air contaminant source is 

located or is being constructed, modified, 

installed, or established at any reasonable time 

for the purpose of ascertaining the state of 

compliance with this chapter and the rules 

adopted under it. 

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

access to any authorized representative of the 

director who requests entry for purposes of 

inspection and who presents appropriate 

credentials. 

(ii) A person may not obstruct, hamper, 

or interfere with any inspection. 

(c) If requested, the owner or operator 

of the premises shall receive a report setting 

forth all facts found which relate to compliance 

status. 

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

adoption -- Orders of director -- Adoption of 

emission control requirements. 

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

of quality for ambient air, shall conduct public 

hearings. 

(b) Notice of any public hearing for the 

consideration, adoption, or amendment of air 

quality standards shall specify the locations to 

which the proposed standards apply and the 

time, date, and place ofthe hearing. 

(c) The notice shall be: 

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

newspaper of general circulation in the area 

affected; and 

(B) published on the Utah Public Notice 

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

c- 11 
20 days before the public hearing; and 

(ii) mailed at least 20 days before the 

public hearing to the ~hief executive of each 

political subdivision of the area affected and to 

other persons the director has reason to believe 

will be affected by the standards. 

(d) The adoption of air quality 

standards or any modification or changes to air 

quality standards shall be by order of the 

director following formal action of the board 

with respect to the standards. 

(e) The order shall be published: 

(i) in a newspaper of general circulation 

in the area affected; and 

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

(2) (a) The board may establish 

emission control requirements by rule that in its 

judgment may be necessary to prevent, abate, or 

control air pollution that may be statewide or 

may vary from area to area, taking into account 

varying local conditions. 

(b) In adopting these requirements, the 

board shall give notice and conduct public 

hearings in accordance with the requirements in 

Subsection (1 ). 

19-2-109.1. Operating permit required--

Emissions fee-- Implementation. 

(1) As used in this section and Sections 

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

(a) "EPA" means the federal 

Environmental Protection Agency. 

(b) "1990 Clean Air Act" means the 

federal Clean Air Act as amended in 1990. 

(c) "Operating permit" means a permit 

issued by the director to sources of air pollution 

that meet the requirements of Titles IV and V of 

the 1990 Clean Air Act. 

(d) "Program" means the air pollution 

operating permit program established under this 

section to comply with Title V of the 1990 Clean 

Air Act. 

(e) "Regulated pollutant" has the same 

meaning as defined in Title V of the 1990 Clean 

Air Act and implementing federal regulations. 

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

source of air pollution required to have a permit 

under Title V of the 1990 Clean Air Act without 

having obtained an operating permit from the 

director under procedures the board establishes 

by rule. 

(b) A person is not required to submit 

an operating permit application until the 

governor has submitted an operating permit 

program to the EPA. 

(c) Any operating permit issued under 

this section may not become effective until the 

day after the EPA issues approval of the permit 

program or November 15, 1995, whichever 

occurs first. 

(3) (a) Operating permits issued under 

this section shall be for a period of five years 

unless the director makes a written finding, after 

public comment and hearing, and based on 

substantial evidence in the record, that an 

operating permit term of less than five years is 

necessary to protect the public health and the 

environment of the state. 

(b) The director may issue, modify, or 

renew an operating permit only after providing 

public notice, an opportunity for public 

comment, and an opportunity for a public 

hearing. 

(c) The director shall, in conformity 

with the 1990 Clean Air Act and implementing 

federal regulations, revise the conditions of 

issued operating permits to incorporate 

applicable federal regulations in conformity with 

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

the remaining period of the permit is three or 

more years. 

(d) The director may terminate, 

modify, revoke, or reissue an operating permit 

for cause. 

(4) (a) The board shall establish a 

proposed annual emissions fee that conforms 

with Title V of the 1990 Clean Air Act for each 

ton of regulated pollutant, applicable to all 

sources required to obtain a permit. The 

emissions fee established under this section is in 

addition to fees assessed under Section 19-2-108 

for issuance of an approval order. 

(b) In establishing the fee the board 

shall comply with the provisions of Section 631-

1-504 that require a public hearing and require 

the established fee to be submitted to the 

Legislature for its approval as part of the 

department's annual appropriations request. 

(c) The fee shall cover all reasonable 

c- 12 
direct and indirect costs required to develop and 

administer the program and the small business 

assistance program established under Section 

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

report of the emissions fees collected and the 

costs covered by those fees under this 

Subsection (4). 

(d) The fee shall be established 

uniformly for all sources required to obtain an 

operating permit under the program and for all 

regulated pollutants. 

(e) The fee may not be assessed for 

emissions of any regulated pollutant if the 

emissions are already accounted for within the 

emissions of another regulated pollutant. 

(f) An emissions fee may not be 

assessed for any amount of a regulated pollutant 

emitted by any source in excess of 4,000 tons 

per year of that regulated pollutant. 

(5) Emissions fees accrued on and after 

July 1, 1993, but before issuance of an operating 

permit, shall be based on the most recent 

emissions inventory, unless a source elects 

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

emissions, if applicable for a regulated pollutant. 

(6) After an operating permit is issued 

the emissions fee shall be based on actual 

emissions for a regulated pollutant unless a 

source elects, prior to the issuance or renewal of 

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

permit on allowable emissions for that regulated 

pollutant. 

(7) If the owner or operator of a source 

subject to this section fails to timely pay an 

annual emissions fee, the director may: 

(a) impose a penalty of not more than 

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

interest on the fee computed at 12% annually; or 

(b) revoke the operating permit. 

(8) The owner or operator of a source 

subject to this section may contest an emissions 

fee assessment or associated penalty in an 

adjudicative hearing under the Title 63G, 

Chapter 4, Administrative Procedures Act, and 

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

(8). 

(a) The owner or operator shall pay the 

fee under protest prior to being entitled to a 

hearing. Payment of an emissions fee or penalty 

under protest is not a waiver of the right to 

contest the fee or penalty under this section. 

(b) A request for a hearing under this 

Subsection (8) shall be made after payment of 

the emissions fee and within six months after the 

emissions fee was due. 

(9) To reinstate an operating permit 

revoked under Subsection (7) the owner or 

operator shall pay all outstanding emissions fees, 

a penalty of not more than 50% of all 

outstanding fees, and interest on the outstanding 

emissions fees computed at 12% annually. 

(I 0) All emissions fees and penalties 

collected by the department under this section 

shall be deposited in the General Fund as the Air 

Pollution Operating Permit Program dedicated 

credit to be used solely to pay for the reasonable 

direct and indirect costs incurred by the 

department in developing and administering the 

program and the small business assistance 

program under Section 19-2-109.2. 

(11) Failure of the director to act on 

any operating permit application or renewal is a 

final administrative action only for the purpose 

of obtainingjudicial review by any of the 

following persons to require the director to take 

action on the permit or its renewal without 

additional delay: 

(a) the applicant; 

(b) any person who participated in the 

public comment process; or 

(c) any other person who could obtain 

judicial review of that action under applicable 

law. 

19-2-109.2. Small business assistance 

program. 

(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 of small business 

c- 13 
stationary air pollution sources, selected by the 

governor to represent the general public; 

(b) four members who are owners or 

who represent owners of small business 

stationary sources selected by leadership ofthe 

Utah Legislature as follows: 

(i) one member selected by the majority 

leader of the Senate; 

(ii) one member selected by the 

minority leader of the Senate; 

(iii) one member selected by the 

majority leader of the House of Representatives; 

and 

(iv) one member selected by the 

minority leader of the House of Representatives; 

and 

(c) one member selected by the 

executive director to represent the Division of 

Air Quality, Department of Environmental 

Quality. 

(3) (a) Except as required by Subsection 

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

the department shall appoint each new member 

or reappointed member to a four-year term. 

(b) Notwithstanding the requirements of 

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

time of appointment or reappointment, adjust the 

length of terms to ensure that the terms of panel 

members are staggered so that approximately 

half of the panel is appointed every two years. 

(4) Members may serve more than one 

term. 

(5) Members shall hold office until the 

expiration of their terms and until their 

successors are appointed, but not more than 90 

days after the expiration of their terms. 

(6) When a vacancy occurs in the 

membership for any reason, the replacement 

shall be appointed for the unexpired term. 

(7) Every two years, the panel shall 

elect a chair from its members. 

(8) (a) The panel shall meet as 

necessary to carry out its duties. Meetings may 

be called by the chair, the director, or upon 

written request of three of the members of the 

panel. 

(b) Three days' notice shall be given to 

each member of the panel prior to a meeting. 

(9) Four members constitute a quorum 

at any meeting, and the action of the majority of 

members present is the action of the panel. 

( 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-l 06; 

(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 of the majority of 

members present is the action of the panel. 

(10) A member may not receive 

compensation or benefits for the member's 

service, but may receive per diem and travel 

expenses in accordance with: 

(a) Section 63A-3-106; 

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

(c) rules made by the Division of 

Finance pursuant to Sections 63A-3-106 and 

63A-3-107 expiration oftheirterms and until 

their successors are appointed, but not more than 

90 days after the expiration of their terms. 

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

A copy of each permit application, 

compliance plan, emissions or compliance 

monitoring report, certification, and each 

operating permit issued under this chapter shall 

be made available to the public in accordance 

with Title 63, Chapter 2, Government Records 

Access and Management Act. 

19-2-109.5. Private sector air quality 

permitting professionals certification 

program. 

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

means an air quality permitting professional. 

(2) The board may establish a program 

to certifY private sector AQPPs, including 

consultants and employees of companies that 

may seek air quality permits from the division. 

Any program established under this section shall 

include: 

(a) a training program established and 

operated by the department, which describes and 

explains the state law and rules regarding the air 

quality permit application and approval 

procedure under this chapter; 

(b) the requirement to pass an exam to 

measure qualifications of AQPP applicants; 

(c) an option for certification of an 

AQPP by passing the exam without undergoing 

any training required under the program; 

(d) an application process, including a 

fee established under Section 63-38-3.2 that 

covers the costs of the training, testing, and 

application process and the department's 

maintenance of a list of certified AQPPs; 

(e) certification of qualified AQPP 

applicants; 

(f) maintenance by the department of a 

current list of certified AQPPs, which is 

available to the public; and 

(g) procedures for the expedited review 

by the department of air quality permit 

applications submitted by certified AQPPs; and 

(h) professional standards for AQPPs. 

(3) The board may not require AQPP 

certification as a condition of preparing or 

submitting a notice of intent or operating permit 

application under this chapter. 

(4) Any program under this section 

shall provide for revocation of any certification 

issued under this section if the department 

determines, through an administrative hearing 

conducted under Title 63, Chapter 46b, 

Administrative Procedures Act, that the AQPP: 

(a) knowingly or negligently submitted 

false information or data as part of an air quality 

permit application; 

(b) prepared more than three air quality 

permit applications in one calendar year in a 

manner that each did not substantially comply 

with department application requirements; 

(c) prepared any air quality permit 

application in violation of the professional 

standards defined by department rule. 

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

Corrective action orders -- Conference, 

conciliation, and persuasion by director --

Hearings. 

(1) Whenever the director has reason to 

believe that a violation of any provision of this 

chapter or any rule issued under it has occurred, 

the director may serve written notice of the 

violation upon the alleged violator. The notice 

shall specifY the provision of this chapter or rule 

alleged to be violated, the facts alleged to 

constitute the violation, and may include an 

order that necessary corrective action be taken 

within a reasonable time. 

(2) Nothing in this chapter prevents the 

director from making efforts to obtain voluntary 

compliance through warning, conference, 

conciliation, persuasion, or other appropriate 

means. 

(3) Hearings may be held before an 

administrative law judge as provided by Section 

19-1-301. 

19-2-112. Generalized condition of air 

pollution creating emergency -- Sources 

causing imminent danger to health --Powers 

of executive director -- Declaration of 

emergency. 

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

c- 15 
Administrative Procedures Act, and any other 

provision of law to the contrary notwithstanding, 

if the executive director finds that a generalized 

condition of air pollution exists and that it 

creates an emergency requiring immediate 

action to protect human health or safety, the 

executive director, with the concurrence of the 

governor, shall order persons causing or 

contributing to the air pollution to reduce or 

discontinue immediately the emission of air 

contaminants. 

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

not later than 24 hours after its issuance, for a 

hearing to be held before the governor. 

(c) Not more than 24 hours after the 

commencement of this hearing, and without 

adjournment of it, the governor shall affirm, 

modify, or set aside the order of the executive 

director. 

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

condition of air pollution referred to in 

Subsection (1), but if the executive director finds 

that emissions from the operation of one or more 

air contaminant sources is causing imminent 

danger to human health or safety, the executive 

director may commence adjudicative 

proceedings under Section 63G-4-502. 

(b) Notwithstanding Section 19-1-301 

or 19-1-301.5, the executive director may 

conduct the emergency adjudicative proceeding 

in place of an administrative law judge. 

(3) Nothing in this section limits any 

power that the governor or any other officer has 

to declare an emergency and act on the basis of 

that declaration. 

19-2-113. Va riances-- Judicial review. 

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

control of any plant, bui I 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 of the applicant, other 

owners of property likely to be affected by the 

discharges, and the general public. 

(3) Any variance or renewal of a 

variance shall be granted within the 

requirements of Subsection (I) and for time 

periods and under conditions consistent with the 

reasons for it, and within the following 

limitations: 

. (a) if the variance is granted on the 

grounds that there are no practicable means 

known or available for the adequate prevention, 

abatement, or control of the air pollution 

involved, it shall be only until the necessary 

means for prevention, abatement, or control 

become known and available, and subject to the 

taking of any substitute or alternate measures 

that the board may prescribe; 

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

grounds that compliance with the requirements 

from which variance is sought will require that 

measures, because of their extent or cost, must 

be spread over a long period of time, the 

variance shall be granted for a reasonable time 

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

implementation of the necessary measures; and 

(ii) a variance granted on this ground 

shall contain a timetable for the implementation 

of remedial measures in an expeditious manner 

and shall be conditioned on adherence to the 

timetable; or 

(c) if the variance is granted on the 

ground that it is necessary to relieve or prevent 

hardship of a kind other than that provided for in 

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

more than one year. 

(4) (a) Any variance granted under this 

section may be renewed on terms and conditions 

and for periods that would be appropriate for 

initially granting a variance. 

(b) If a complaint is made to the board 

because of the variance, a renewal may not be 

granted unless, following an announced public 

meeting, the board finds that renewal is justified. 

board requesting a renewal. 

(d) Immediately upon receipt of an 

c- 16 
application for renewal, the board shall give 

public notice of the application as required by its 

rules. 

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

right of the applicant or holder but may be 

granted at the board's discretion. 

(b) A person aggrieved by the board's 

decision may obtain judicial review. 

(c) Venue for judicial review of 

informal adjudicative proceedings is in the 

district court in which the air contaminant source 

is situated. 

(6) (a) The board may review any 

variance during the term for which it was 

granted. 

(b) The review procedure is the same as 

that for an original application. 

(c) The variance may be revoked upon 

a finding that: 

(i) the nature or amount of emission has 

changed or increased; or 

(ii) if facts existing at the date of the 

review had existed at the time of the original 

application, the variance would not have been 

granted. 

(7) Nothing in this section and no 

variance or renewal granted pursuant to it shall 

be construed to prevent or limit the application 

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 of this 

chapter or of any rules made under it: 

(1) burning incident to horticultural or 

agricultural operations of: 

(a) prunings from trees, bushes, and 

plants; or 

(b) dead or diseased trees, bushes, and 

plants, including stubble; 

(2) burning of weed growth along ditch 

banks incident to clearing these ditches for 

irrigation purposes; 

(3) controlled heating of orchards or 

other crops to lessen the chances of their being 

frozen so long as the emissions from this heating 

do not violate minimum standards set by the 

board; and 

( 4) the controlled burning of not more 

than two structures per year by an organized and 

operating fire department for the purpose of 

training fire service personnel when the United 

States Weather Service clearing index is above 

500. 

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

Reimbursement for expenses. 

(1) As used in this section, the terms 

"knowingly," "willfully," and "criminal 

negligence" shall mean as defined in Section 76-

2-103. 

(2) (a) A person who violates this 

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

made under this chapter is subject in a civil 

proceeding to a penalty not to exceed $10,000 

per day for each violation. 

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

rules made under the authority of Section 19-2-

104, for implementation 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 of a class A 

misdemeanor and is subject to imprisonment 

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

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

knowingly violates any of the following under 

this chapter: 

(a) an applicable standard or limitation; 

(b) a permit condition; or 

(c) a fee or filing requirement. 

( 4) A person is guilty of a third degree 

felony and is subject to imprisonment under 

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

$25,000 per day of violation who knowingly: 

(a) makes any false material statement, 

representation, or certification, in any notice or 

report required by permit; or 

(b) renders inaccurate any monitoring 

device or method required to be maintained by 

this chapter or applicable rules made under this 

chapter. 

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

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

under Section 19-2-109.1. 

(6) A person who willfully violates 

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

misdemeanor. 

(7) A person who knowingly violates 

any requirement of an applicable 

implementation plan adopted by the board, more 

than 30 days after having been notified in 

writing by the director that the person is 

violating the requirement, knowingly violates an 

order issued under Subsection 19-2-11 0(1 ), or 

knowingly handles or disposes of asbestos in 

violation of a rule made under this chapter is 

guilty of a third degree felony and subject to 

imprisonment under Section 76-3-203 and a fine 

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

the case of the first offense, and not more than 

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

subsequent offenses. 

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

(i) "Hazardous air pollutant" means any 

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

Sec. 7 412 or any extremely hazardous substance 

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

(ii) "Organization" means a legal entity, 

other than a government, established or 

organized for any purpose, and includes a 

corporation, company, association, firm, 

partnership, joint stock company, foundation, 

institution, trust, society, union, or any other 

association of persons. 

(iii) "Serious bodily injury" means 

bodily injury which involves a substantial risk of 

death, unconsciousness, extreme physical pain, 

protracted and obvious disfigurement, or 

protracted loss or impairment of the function of 

a bodily member, organ, or mental faculty. 

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

misdemeanor and subject to imprisonment under 

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

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

criminal negligence: 

(A) releases into the ambient air any 

hazardous air pollutant; and 

(B) places another person in imminent 

danger of death or serious bodily injury. 

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

"person" does not include an employee who is 

carrying out the employee's normal activities 

and who is not a part of senior management 

personnel or a corporate officer. 

(c) A person is guilty of a second 

degree felony and is subject to imprisonment 

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

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

(i) knowingly releases into the ambient 

air any hazardous air pollutant; and 

(ii) knows at the time that the person is 

placing another person in imminent danger of 

death or serious bodily injury. 

(d) If a person is an organization, it 

shall, upon conviction of violating Subsection 

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

$1 ,000,000. 

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

is considered to have acted knowingly under 

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

(A) the defendant's conduct placed 

another person in imminent danger of death or 

serious bodily injury; and 

(B) the defendant was aware of or 

believed that there was an imminent danger of 

death or serious bodily injury to another person. 

(ii) Knowledge possessed by a person 

other than the defendant may not be attributed to 

the defendant. 

(iii) Circumstantial evidence may be 

used to prove that the defendant possessed actual 

knowledge, including evidence that the 

defendant took affirmative steps to be shielded 

from receiving relevant information. 

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

prosecution under this Subsection (8) that the 

conduct charged was freely consented to by the 

person endangered and that the danger and 

conduct charged were reasonably foreseeable 

hazards of: 

(A) an occupation, a business, a 

profession; or 

(B) medical treatment or medical or 

scientific experimentation conducted by 

professionally approved methods and the other 

person was aware of the risks involved prior to 

giving consent. 

(ii) The defendant has the burden of 

proof to establish any affirmative defense under 

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

c- 18 
defense by a preponderance of the evidence. 

(9) (a) Except as provided in Subsection 

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

penalties assessed and collected under the 

authority of this section shall be deposited in the 

General Fund. 

(b) The department may reimburse 

itself and local governments from money 

collected from civil penalties for extraordinary 

expenses incurred in environmental enforcement 

activities. 

(c) The department shall regulate 

reimbursements by making rules in accordance 

with Title 63G, Chapter 3, Utah Administrative 

Rulemaking Act, that: 

(i) define qualifying environmental 

enforcement activities; and 

(ii) define qualifying extraordinary 

expenses. 

19-2-116. Injunction or other remedies to 

prevent violations - Civil actions not 

abridged. 

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

not bar enforcement of this chapter, or any 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 of the state any and all 

enforcement proceedings. 

(2) This chapter does not abridge, limit, 

impair, create, enlarge, or otherwise affect 

substantively or procedurally the right of any 

person to damages or other relief on account of 

injury to persons or property and to maintain any 

action or other appropriate proceeding for this 

purpose. 

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

created in this chapter, the directo·r may initiate 

an action for appropriate injunctive relief: 

(i) upon failure of any person to comply 

with: 

(A) any provision of this chapter; 

(B) any rule adopted under this chapter; 

or 

(C) any final order made by the board, 

the director, or the executive director; and 

(ii) when it appears necessary for the 

protection of health and welfare. 

(b) The attorney general shall bring 

injunctive relief actions on request. 

(c) A bond is not required. 

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

board -- Duties of attorney general and 

county attorneys. 

( 1) The attorney general is the legal 

advisor to the board and the director and shall 

defend them or any of them in all actions or 

proceedings brought against them or any of 

them. 

(2) The county attorney in the county in 

which a cause of action arises may, upon request 

of the board or the director, bring any action, 

civil or criminal, to abate a condition which 

exists in violation of, or to prosecute for the 

violation of or to enforce, this chapter or the 

standards, orders, or rules of the board or the 

director issued under this chapter. 

(3) The director may bring any action 

and be represented by the attorney general. 

(4) In the event any person fails to 

comply with a cease and desist order of the 

board or the director that is not subject to a stay 

pending administrative or judicial review, the 

director may initiate an action for, and is entitled 

to, injunctive relief to prevent any further or 

continued violation of the order. 

19-2-118. Violation of injunction evidence of 

contempt. 

Failure to comply with the terms of any 

injunction issued under this chapter is prima 

facie evidence of contempt which is punishable 

as for other civil contempts. 

19-2-119. Civil or criminal remedies not 

excluded --Actionable rights under chapter--

No liability for acts of God or other 

catastrophes. 

(1) Existing civil or criminal remedies 

for any wrongful action which is a violation of 

any part of the law are not excluded by this 

chapter. 

(2) Persons other than the state or the 

c- 19 
board do not acquire actionable rights by virtue 

of this chapter. 

(3) The liabilities imposed for violation 

of this chapter are not imposed for any violation 

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

other catastrophe. 

19-2-120. Information required of owners or 

operators of air contaminant sources. 

The owner or operator of any stationary 

air contaminant source in the state shall furnish 

to the director the reports required by rules made 

in accordance with Section I9-2-I 04 and any 

other information the director finds necessary to 

determine whether the source is in compliance 

with state and federal regulations and standards. 

The information shall be correlated with 

applicable emission standards or limitations and 

shall be available to the public during normal 

business hours at the office of the division. 

(c) fix the compensation ofthe agency's 

members and employees. 

19-2-123. Tax relief to encourage investment 

in facilities -- Sales and use tax exemption. 

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

to encourage, through tax relief, investment in 

pollution control and pollution elimination 

facilities while at the same time making and 

keeping the state an attractive location for 

continued industrial development, including the 

expansion of existing plants, thereby increasing 

employment and payrolls and upgrading the 

natural resources of the state. 

(2) All materials and equipment 

purchased, leased, or otherwise procured and 

services utilized for the construction or 

installation in a pollution control facility are 

exempt from sales and use taxes imposed by 

Title 59, Chapter I2, Sales and Use Tax Act, 

upon obtaining a certification of pollution 

control facility from the board. 

19-2-121. Ordinances of political subdivisions 

authorized. 

Any political subdivision ofthe state 

may enact and enforce ordinances to control air 

pollution that are consistent with this chapter. 

19-2-122. Cooperative agreements between 

political subdivisions and department. 

(I) Any political subdivision of the 

state may enter into and perform with other 

political subdivisions of the state or with the 

department contracts and agreements as they 

find proper for establishing, planning, operating, 

and financing air pollution programs. 

(2) The agreements may provide for an 

agency to: 

(a) supervise and operate an air 

pollution program; 

(b) prescribe, subject to the approval 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 of a pollution control facility or 

facilities erected, constructed, or installed, or to 

be erected, constructed, or installed in the state 

on or after July 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 of this Subsection (2), 

"owner" includes a contract purchaser. 

(b) The facility shall be owned, 

operated, or leased during a part of the tax year 

in which the exemption is claimed. 

(c) A person who obtains certification 

c- 20 
for a pollution control facility may claim an 

exemption from sales and use taxes as provided 

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

the time period beginning on or after July 1, 

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

(d) A person who pays a tax under Title 

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

purchase of tangible personal property or 

services used in the construction of or 

incorporated into a pollution control facility that: 

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

125, may obtain a refund of the tax if: 

(A) the board subsequently certifies the 

pollution control facility; 

(B) the tangible personal property or 

services meet the requirements for exemption 

provided in Subsections 19-2-123(2) and 59-I2-

I 04( 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 of the facilities and materials 

incorporated in them, the machinery and 

equipment, the existing or proposed operational 

procedure, and a statement of the purpose of 

pollution prevention, control, or reduction 

(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 of the tax if: 

(A) the tangible personal property or 

services meet the requirements for exemption 

provided in Subsections I9-2-123(2) and 59-I2-

I 04(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) If a person files a claim for a 

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

on a purchase of tangible personal property or 

services used in the construction of or 

incorporated into a pollution control facility that 

was not certified under Section I9-2-I25 at the 

time of the purchase: 

(A) within I80 days after the day on 

which the board certifies the pollution control 

facility, interest shall accrue to the amount of the 

refund granted by the State Tax Commission: 

(II) beginning 30 days after the day on 

which the person files the claim for a refund 

under Subsection (2)(d). 

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

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

purchase of tangible personal property or 

services used in the construction of or 

incorporated into a pollution control facility that 

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

of the purchase, interest shall accrue to the 

amount of the refund granted by the State Tax 

Commission: 

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) If the board, after consulting 

with the State Tax Commission, finds that a 

pollution control facility or a part of a pollution 

control facility, for which application is made 

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

constructed, acquired, or installed on or after 

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

is designed and is being operated or will operate 

primarily to prevent, control, or reduce air or 

water pollution, and that the applicant qualifies 

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

the facility. 

(b) If one or more facilities constitute 

an operational unit, the board may certify those 

facilities under one certificate. 

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

Commission shall act on an application under 

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

filing. 

(b) Failure ofthe board and the State 

Tax Commission to timely act constitutes 

automatic acceptance of the application and the 

board shall furnish a certificate to the applicant 

on demand. 

19-2-126. Revocation of certification--

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 if it finds that the: 

(i) certification was obtained by fraud 

or gross misrepresentation; or 

(ii) holder of the certificate has failed 

substantially to operate the facility for the 

purpose of, and to the extent necessary to 

prevent, control, or reduce air or water pollution 

as specified in the certificate. 

(b) A shutdown ofthe facility due to 

force majeure, including obsolescence, is not 

cause to revoke certification of any facility. 

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

the revocation by issuing a notice of agency 

action. 

(b) The holder of the certificate may 

obtain judicial review of the revocation. 

(c) The revocation is final and 

conclusive unless an appeal is taken. 

(d) If the revocation is affirmed on 

appeal, revocation is final on the date notice of 

revocation was received by the holder. 

(3) As soon as a revocation under this 

section is final, the board shall notify the State 

Tax Commission of the revocation. 

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

control facility is revoked, all prior tax relief 

provided to the holder because of the certificate 

is forfeited. 

(b) The State Tax Commission shall 

collect taxes not paid by the holder because of 

the tax relief provided the holder to the extent 

permitted by the applicable statute 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 of certificates, and all other matters 

pertaining to the board in administering 

certification for tax relief on pollution control 

facilities. 

c- 22 
Utah Administrative Rulemaking Act 

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

630-3-10 I. Title ....................................................................... .......................... ........................................................ 1 

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

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

630-3-202. Rules having the effect of law .......................... ...................................................................................... .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 of rules -- Schedule of filings --Limited exemption for certain rules ............... ............. & 

630-3-401. Division of Administrative Rules created --Appointment of director. ............................... ..................... 9 

630-3-402. Division of Administrative Rules-- Duties generally ......... ................................................... ................. 9 

630-3-403. Repeal and reenactment of Utah Administrative Code ...................................... , ................................... ] 0 

630-3-501. Administrative Rules Review Committee ........................................................................................... 12 

630-3-502. Legislative reauthorization of agency rules -- Extension of rules 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 of rules-- 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 of the state, or the courts, which is authorized or required by law to make 

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

perform other similar actions or duties delegated by law. 

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

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

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

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

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

division and entitled "Utah Administrative Code." 

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

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

(8) "Effective" means operative and enforceable. 

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

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

division. 

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

amendment to an existing rule, or a nonsubstantive change made under Section 630-3-402. 

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

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

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

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

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

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

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

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

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

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

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

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

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

(c) "Rule" does not mean: 

(i) orders; 

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

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

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

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

(v) declaratory rulings issued by the agency according to Section 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 of any state or federal law. 

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

analyze rules. 

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

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

of agency actions. 

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

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

(1) Each agency shall: 

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

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

(2) In addition to other rulemaking required by 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 of persons or another agency; and 

(d) is explicitly or implicitly authorized by statute. 

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

or federal legal mandate. 

(4) Rulemaking is not required when: 

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

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

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

state education institution; 

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

of governmental entities supervised under statute; 

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

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

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

all nonsubstantive changes in a rule with the division. 

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

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

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

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

(c) A violation of a rule may be subject to a class 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 of law not already in its 

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

announced in its cases. 

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

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

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

nationally recognized organization or association; 

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

participation in the federal program; 

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

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

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

expensive to reproduce in the administrative code. 

(b) Rules incorporating materials by reference shall: 

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

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

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

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

agency deviations from it. 

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

reference by following the rulemaking procedures of this chapter. 

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

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

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

limits prescribed by statute or agency rule. 

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

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

meet legal and constitutional requirements. 

Amended by Chapter 34 7, 2009 General Session 

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

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

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

accordance with the requirements of this chapter. 

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

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

Renumbered and Amended by Chapter 382, 2008 General Session 

63G-3-301. Rulemaking procedure. (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 of this chapter, each agency shall develop and use 

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

affected by the agency's rules. 

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

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

language struck out. 

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

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

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

be printed. 

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

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

division. 

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

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

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

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

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

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

businesses; 

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

requirements for small businesses; 

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

businesses; 

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

operational standards required in the proposed rule; and 

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

proposed rule. 

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

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

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

analysis described in Subsection (6). 

(8) The rule analysis shall contain: 

(a) a summary of the rule or change; 

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

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

(d) the anticipated cost or savings to: 

(i) the state budget; 

(ii) local governments; 

(iii) small businesses; and 

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

(e) the compliance cost for affected persons; 

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

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

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

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

the rule; 

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

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

period; and 

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

businesses. 

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

summary that generally inc ludes the following: 

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

the enacted rule; and 

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

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

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

chapter. 

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

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

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

notice. 

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

public comment on the rule. 

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

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

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

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

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

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

the publication date. 

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

required by the division. 

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

is received by the division. 

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

the bulletin. 

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

not filed with the division within 120 days of publication. 

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

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

rule that is required by state statute. 

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

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

Subsection (13)(c). 

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

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

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

the rulemaking takes effect. 

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

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

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

Amended by Chapter 93, 2009 General Session 

63G-3-302. Public hearings. 

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

repeal of a rule during the public. comment period. 

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

repeal of a rule if: 

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

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

not fewer than 10 members request a public hearing; and 

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

publication date of the proposed rule. 

(3) The agency shall hold the hearing: 

(a) before the rule becomes effective; and 

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

hearing. 

Renumbered and Amended by Chapter 382,2008 General Session 

63G-3-303. Changes in rules. (1) (a) To change a proposed rule already published in the bulletin, an agency shall file 

with the division: 

(i) the text of the changed rule; and 

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

by Section 63G-3-301. 

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

of the rule being changed. 

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

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

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

the last change in proposed rule. 

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

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

of publication 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) If the rule is effective, the agency shall amend the rule according to the procedures 

specified in Section 63G-3-301. 

Renumbered and Amended by Chapter 382, 2008 General Session 

63G-3-304. Emergency rulemaking procedure. (1) All agencies shall comply with the rulemaking procedures of Section 63G-3-301 

unless an agency finds that these procedures would: 

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

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

requirements; or 

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

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 of the rule; and 

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

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

63G-3-301(4). 

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

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

or any later date designated in the rule. 

(3) 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 of rules-- Schedule of filings --

Limited exemption for certain rules. (1) Each agency shall review each of its rules within five years of the rule's original 

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

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

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

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

outlined in Subsection (3). 

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

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

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

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

enacted and how these provisions authorize or require the rule; 

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

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

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

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

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

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

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

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

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

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

deadline established under Subsection (1). 

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

the anniversary date. 

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

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

indicating the reason for the extension; and 

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

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

c- 30 
anniversary date. 

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

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

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

longer enforceable; 

(b) remove the rule from the code; and 

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

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

63G-3-301 to reenact the rule. 

Amended by Chapter 384, 2012 General Session 

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

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

Administrative Rules, to be administered by a director. 

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

the approval of the governor. 

Renumbered and Amended by Chapter 382, 2008 General Session 

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

generally. 

(1) The Division of Administrative Rules shall: 

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

under this chapter; 

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

effective dates; 

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

for public inspection; 

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

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

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

reference to the text maintained by the division; 

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

periodically publish that code and supplements or revisions to it; 

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

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

effective date of each change; 

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

necessary to implement this chapter; 

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

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

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

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

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

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

all other requesting persons and agencies; 

(I) provide agencies assistance in rulemaking; 

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

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

established in Section 63A-1-114: 

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

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

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

and hearing procedures. 

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

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

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

organization, numbering, and wording; 

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

numbering, referencing, and wording; 

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

rule, or title; 

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

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

rule or section made effective by an agency. 

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

concurrence of the agency: 

(a) eliminate duplication within rules; 

(b) eliminate obsolete and redundant words; and 

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

of the subject matter of rules. 

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

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

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

(a) the affected code citation; 

(b) a brief description of the change; and 

(c) the date the change was made. 

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

nonlapsing. 

Amended by Chapter 341 , 2010 General Session 

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

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

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

to the requirements of this section. 

(2) The division may: 

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

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

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

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

the agency. 

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

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

(b) eliminating duplication; 

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

ofthe subject matter of rules; 

(d) eliminating all obsolete or redundant words; 

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

numbering, referencing, and wording; 

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

rule, or title; 

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

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

rule or section made effective by an agency. 

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

publish in the bulletin: 

(i) notice of the code reenactment; 

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

comment on the proposed reenactment of the code; 

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

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

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

proposed reenactment, each agency shall: 

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

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

(B) in an electronic version; and 

(ii) comply with the requirements of Subsection 63G-3-30 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 of the proposed code reenactment without 

charge to: 

(a) state-designated repositories in Utah; 

(b) the Administrative Rules Review Committee; and 

(c) the Office ofLegislative Research and General Counsel. 

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

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

publication date required by this section. 

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

for a review of all agency rules. 

Amended by Chapter 300, 2008 General Session 

Renumbered and Amended by Chapter 382, 2008 General Session 

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 of five members ofthe 

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

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

same political party. 

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

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

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

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

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

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

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

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

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

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

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

committee. 

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

for the transaction of business at any meeting. 

(2) Each agency rule as defined in Section 63G-3-1 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 of the 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 of the state and local 

political subdivisions; and 

(iv) their impact on affected persons. 

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

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

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

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

that committee. 

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

statutory construction. 

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

a fiscal note on any rule. 

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

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

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

include any recommendations, including legislative action. 

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

(i) its findings, if any; and 

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

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

any person affected by the rule who requests the findings. 

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

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

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

the subject of the findings. 

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

member of the Legislature at each regular session. 

(b) The report shall include: 

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

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

(iii) any recommendations by the committee for legislation. 

Renumbered and Amended by Chapter 382, 2008 General Session 

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

by governor. 

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

are made subject to the provisions of this section. 

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

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

by the Legislature. 

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

if: 

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

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

authority to regulate. 

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

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

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

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

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

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

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

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

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

the Legislature. 

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

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

intent. 

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

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

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

beyond the expiration date. 

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

c- 35 
affirmatively states: 

(i) that the rule is necessary; and 

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

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

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

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

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

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

(d) If the omnibus bill required by Subsection (3) fails to pass both houses 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), of an agency's proposed 

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

section. 

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

repeal of a rule. 

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

submission, consideration, and disposition . 

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

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

appropriate to the powers of the agency. 

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

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

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

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

petition on its agenda for review. 

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

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

(i i) initiate rulemaking proceedings. 

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

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

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

court. 

Renumbered and Amended by Chapter 382, 2008 General Session 

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

c- 36 
(1) (a) Any person aggrieved by a rule may obtain judicial review 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 

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

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

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

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

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

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

administrative remedies if: 

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

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

comment period; 

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

authority of that statute from compliance with Section 63G-3-60 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 of Civil Procedure, a 

complaint filed under this section shall contain: 

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

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

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

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

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

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

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

(vi) the relief sought; and 

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

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

the Utah Rules of Civil Procedure. 

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

Civil Procedures. 

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

responsive pleading. 

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

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

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

authority to make the rule; 

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

administrative record; or 

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

(b) declaring the rule nonapplicable to the petitioner; 

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

procedures or further fact-finding; 

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

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

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

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

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

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

agency review under Section 63G-3-60 I. 

Renumbered and Amended by Chapter 382, 2008 General Session 

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

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

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

the rule. 

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

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

years of the effective date of the challenged action. 

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

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

years of the date the change was made. 

Renumbered and Amended by Chapter 382, 2008 General Session 

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

Judicial notice. 

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

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

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

judicial notice of the code and its provisions. 

Renumbered and Amended by Chapter 382, 2008 General Session 

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

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

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

(b) rules; and 

(c) sections. 

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

its location in the code. 

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

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

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

correct, current version. 

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 . 

R15-1-2. Definitions. 

( 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 . Written 

provide additional notice of a comment shall be attached to 

hearing, and shall give the hearing minutes . 

further notice as may (d) The officer shall 

otherwise be required by law . conduct the hearing as an 

(2) Hearing Officer. open , informal , orderly, and 

(a) The agency head 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 63G3- 304 , as authorized under 

Subsection 63G- 3-402(1) . 

(2) The procedures of 

this rule constitute minimum 

requirements for rule filing 

and publication . Other 

governing statutes, federal 

laws, or federal regulations 

may require additional rule 

filing and publication 

procedures . 

(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: 

after the day of publication days 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) 

nonsubstanti ve 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 NI 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 responsibl e for 

compliance with the cited 

criteria . 

(3) Without complying 

with regular rulemaking 

procedures, an agency may make 

nonsubstantive changes in: 

(a) propos 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) include wi 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 63G3- 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 procedu res 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 avail 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 divisi 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 mity 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-2 
NOTICES OF PROPOSED RULES 

R307-302-S. Opacity for Heating Appliances. 

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 

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

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

residential dwelling installed prior to March 6, 2014 may be 

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

remains intact within the real property of sale. 

(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 of heat 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 of Continuation: 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 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 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 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 

P-3 
DAR 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 of Administrative 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 of the 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 of the State Implementation Plan. "Fine 

Particulate Matter (PM I 0)" 

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 of nitrogen 

"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 project 

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." 

UTAH STATE BULLETIN, 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 of the 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 of the 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 I 0 to NOx. for each required year of the 

conformity demonstration· 

(iii) The remainder of the wimazy PMIO budget that will be 

used in the conformity demonstration for primary PM I 0 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 of the 

primary PMIO budget as described in (a)(iD. Transportation 

conformity for primary PM I 0 shall be demonstrated using the 

remainder of the primary PMIO budget described in (aXiii) 

(c) The primary PM I 0 budget shall not be supplemented by 

using a portion of the NOx budget 

KEY: air poUution. tr2nsportation conformity, PM10 

Date of Enactment 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 

P-4 
Comments/Hearing 

NOTICES 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 of fifteen 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 of a 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 of sale. 

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 of heat 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 of Continuation: 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- 1 
DAR 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 of Administrative 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 of the 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 of the State Implementation Plan. "Fine 

Particulate Matter (PM I 0)" 

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 of nitrogen 

"Primary PMIO" means PMJO that is emitted directly by a 

source. Primary PM I 0 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 of the 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 of the 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 I 0 to NOx. for each required year of the 

conformity demonstration· 

(iii) The remainder of the primary PM I 0 bud&et that will be 

used in the conformity demonstration for primary PM 10 SlJeCified in 

tons per dav for each required year of the 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 of the 

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 of the NOx budget 

KEY: ajr poUution, transportation conformity, PMJ 0 

Date of Enactment 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-2 
DAQ-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 of Emission 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 of one-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 of the trading and the ratio 

specified is explained in the second attachment to this memo. 

The proposed rule would essentially be a duplication ofR307-31 0, which allows the same type of trading 

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-3 
I. DAQ's draft technical support document (TSD) had relied upon an EPA proposal from 1996 to 

support the direction of trade prescribed in proposed rule R307-311. The 1996 position was also 

used in support of a 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 Provisions for Fine Particles ( PM2.5), July 21 , 2011." EPA recommends 

that DAQ make use of this more recent guidance in its TSD. 

2. DAQ's draft TSD had also relied upon some sensitivity modeling from Utah's 2013 PM2.5 SIP for 

the Provo nonattainment area. That modeling had determined an equivalence ratio between NOx 

and PM25 , and the ratio had been used to support the one-to-one trading ratio prescribed in 

proposed rule R307-311. Application of the NOx to PM25 ratio was justified with an assertion 

that, in Utah County, wintertime PM25 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 PM2_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 PM25 for the additional 

purpose of evaluating any potential impacts due to the proposed rule with respect to attainment of 

the 24-hour PM2.5 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 of other National Ambient Air Quality Standards, 

EPA comments that DAQ should consider ozone and N02 in addition to CO and PM2.5, 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 of both PM 10 and PM2.5, and determinations of equivalence with respect 

to NOx were 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 of trade prescribed by proposed rule 

R307-311 . In addition, the equivalence ratio determined for NOx to PM25 supports the conclusion that the 

proposed rule would not adversely affect 24-hour PM2.5 concentrations in Utah County. 

The revised TSD also includes an assessment of the proposed rule with respect to CO, ozone, and N02 . 

Staff Recommendation: Staff recommends the Board adopt R307-311 , Utah County: Trading of Emission 

Budgets for Transportation Conformity, as proposed. 

A copy of the 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- 1 
R307. 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 of Section 

IX, Part A of the State Implementation Plan, "Fine Particulate 

Matter(PMIO)" 

R307-311-2. Definitions. 

The definitions contained in 40 CFR 93 .I 0 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 (PM I 0)." 

"NOx" means oxides of nitrogen. 

"Primary PM 10" means PM I 0 that is emitted directly 

by a source. Primary PMIO 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 program, 

or project 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 of Section IX, Part A of the 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 of the budget for primary PM I 0 

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 I 0 to NOx, for each 

required year of the conformity demonstration; 

(iii) The remainder of the 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 of the 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 of the primary PMIO budget 

described in (aXiii). 

(c) The primary PMIO budget shall not be 

supplemented by using a portion of the 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 Document 

Technical 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 (S04 =) particles, nitrogen 

oxides (NOx) which convert to nitrate (N03") particles, volatile organic compounds (VOCs), some of 

which convert to secondary organic aerosols, and ammonia (NH3 ) 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 

(HN03 ), 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 quality would be assured. At this point, however, 

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 with 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 S02 as precursors to PM 10 . 

2 
Parts 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, S02, 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. 

This conclusion supports the proposed rule which would only allow the trading of the PM 10 budget to 

the NOx budget, at a ratio of 1:1, but would not allow the substitution 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. 

3 
Impact 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 N02 

standards. Both could be affected by additional emissions of NOx. Each ofthese pollutants will be 

discussed in turn. 

PM2.

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 which include elemental carbon, 

organic carbon, and sulfate as 504 • 

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 

4 
one-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 additional 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 of the 

2020 MVEB for both PM 10 and NOx. In other words, even if the 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 in 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 

5 
Ozone- 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 

N02 -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 N02 , 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 N02 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. 

6 
The 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. 

7 
Appendix 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 emissions1

• 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 • 

8 
Lindon - Utah County Control ing Monitor 

I : ~ _ -~~ .... ·--· -~-_M __ ··-_- --, --' _:s: 4 ______ ~~~~----·_-·_--·-_--_-··-_·_--_-·_----.· 

I 50 ! ;rr 

li40 

~ 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 .. ····--... ·-··········--·-----·-------------------------------

0 

1-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 PM2_5 emissions (green trace). 

9 

Certification 

I, Mark W. Berger, Rules Coordinator for the Utah Division of Air 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 of March 2015. 

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