@. ,,_.~_.,._....
 \.
 ~/'

Michael O. Leavitt 

Governor 

Dianne R. Nielson, Ph.D. Executive Director 

Ursula Kramer 

Director 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

DIVISION OF AIR QUALITY 

150 North 1950 West 

P.O. Box 144820 

Salt Lake City, Utah 84114-4820 

(801) 536-4000 

(801) 536-4099 Fax 

(80l) 536-4414 T.D.D. 

www.deq.state.ut.us Web 

DAQP-230-99.a 

December 16, 1999 

Richard Long, Director 

Air and Radiation Program 

EPA Region Vlli, 8P-AR 

999 18th Street, Suite 500 

Denver, Colorado 80202-2466 

Dear Mr. Long: 

Enclosed please find for your review the administrative documentation in support of Governor 

Leavitt's submittal of changes in Utah's rules for open burning. 

If, upon review, EPA finds that any additional documentation is needed, please contact me at 

(801) 536-4022. 

Sincerely, 

Ursula Kramer 

Director 

UKlJMlgb 

Enclosures 
-


STATE OF UTAH 

MICHAEL O. LEAVITT OFFICE OF THE GOVERNOR OLENE S. WALKER 

GOVERNOR SALT LAKE CITY LIEUTENANT GOVERNOR 

84114-0601 

December 10, 1999 

William P. Yellowtail
 

Regional Administrator
 

EPA Region vm
 

One Denver Place
 

999 18th Street, Suite 500 

Denver, CO 80101-1405 

Dear Mr. Yellowtail: 

- Enclosed are revisions in Utah's rule to regulate open burning. The change lengthens the 

time period during which local officials may designate a time period for open burning, but the 

length of the period remains 30 days. 

Documentation for administrative support which is necessary to meet the requirements 

for SIP approval are being submitted separately by Ursula Kramer, Director, Division of Air 

Quality. Questions your agency may have concerning this submittal should be addressed to Ms. 

Kramer at (80l) 536-4022. 

Sincerely, 

Michael O. Leavitt 

Governor 

MOL:DRN:dco 
-


UTAH
 

Amend R307-202-5 

Extend Open Burning Window 

(DAR #22043) 

State of Utah 

Department of Environmental Quality . 

Division of Air Quality 

150 N. 1950 West 

P.O. Box 144820
 

Salt Lake City, Utah 84114-4820
 

801-536-4000
 

December 1999 
Amend R307-202-5
 

Extend Open Burning Window
 

Table of Contents
 

Legal Authority 

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

Utah Code Title 63, Chapter 46a, Administrative Rulemaking Act 18 

Utah Administrative Code, R15, Administrative Rules 26 

Proposed for Public Comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P - 1 

R307-202-5: DAR Bulletin (Juney 1, 1999) Rule Analysis Form, DAR # 22043 P - 2 

Text ofR307-202-5 P - 3 

Public Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. H - 1 

Affidavit of newspaper notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. H - 2 

Hearing statement and roster H-3 

Summary of public comments and responses . . . . . . . .. H - 9 

Effective Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. E - 1 

Certified text, R307-202-S (DAR #22043) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. E - 2 

Affidavit of newspaper notice of effective date E - 5 

DAR Bulletin (August 1, 1999) Effective Date Notice E - 6 

Certification 
Codes
 
Cbapter 2. Air Conservation Act 

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. 

19-2-102. Definitions. 

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

19-2-104. Powers of board. 

19-2-105. Duties of board. 

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

19-2-106. Rulemaking authority and procedure. 

19-2-107. Executive secretary - Appointment - Powers. 

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

to prohibit construction - Hearings - Limitations on authority of board - Inspections authorized. 

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

emission control requirements. 

19-2-109.1. Operating pennit required - Emissions fee - Implementation. 

19-2-109.2. Small business assistance program. 

19-2-109.3. Public access to infonnation. 

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

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

persuasion by board.' ..>-' 

19-2-111. Review of orders of hearing examiner - Procedure. 

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

health - Powers of executive director - Declaration of emergency. 

19-2-113. Variances - Judicial review. 

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

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

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

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

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

19-2-11~. Civil or criminal remedies not excluded - Actionable rights under chapter - No liability for acts of 

God or other catastrophes. 

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

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

]9-2-122. Cooperative agreements between political subdivisions and department. 

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

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

J9-2-12~. Action on application for certification. 

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

19-2-12J. Rules for administering certification for tax relief. 

19-2-101 Short title - Policy ofstate and purpose of economic and social development of this state, and 

chapter - Support of local and regional programs ­ facilitate the enjoyment of the natural attractions of 

Provision of coordinated statewide program. this state. 

(1) This chapter is known as the "Air Conservation (3) Local and regional air pollution control programs 

Act." . shall be supported to the extent practicable as 

(2)	 It is the policy ofthis state and the purpose ofthis essential instruments to secure and maintain 

chapter to achieve and maintain levels of air quality appropriate levels of air quality. 

which will protect human health and safety, and to (4) The purpose of this chapter is to: 

the greatest degree practicable, prevent injury to (a) provide for a coordinated statewide program of 

plant and animal life and property, foster the air pollution prevention, abatement, and 

comfort and convenience of the people, promote the control; 
(b) provide for an appropriate distribution of 

responsibilities among the state and local units 

of government; 

(c)	 facilitate cooperation across jurisdictional lines 

in dealing with problems of air pollution not 

confined within single jurisdictions; and 

(d) provide a framework within which air quality 

may be protected and consideration given to the 

public interest at all levels of planning and 

development within the state. 

19-2-102 Definitions 

As used in this chapter: 

(1)	 "Air contaminant" means any particulate matter or 

any gas, vapor, suspended solid, or any combination 

of them, excluding steam and water vapors. 

(2)	 "Air contaminant sour.ce" means all sources of 

emission of air contaminants whether privately or 

publicly owned or operated. 

(3)	 "Air pollution" means the presence in the ambient 

air of one or more air contaminants in the quantities 

and duration and under conditions and 

circumstances as is or tends to be injurious to 

human health or welfare, animal or plant life, or 

property, or would unreasonably interfere with the 

enjoyment of life or use of property, as determined 

by the rules adopted by the board. 

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

(5)	 "Asbestos" means the asbestifonn varieties of 

serpentine (chrysotile), riebeckite (crocidolite), 

cummingtonite-grunerite, anthophyllite, and 

actinol ite-tremolite. 

(6) "Asbestos-containing material" means any material 

containing more than 1% asbestos, as detennined 

using the method adopted in 40 CFR Part 6 1, 

Subpart M, National Emission Standard for 

Asbestos. 

(7)	 "Asbestos inspection" means an activity undertaken 

to determine the presence or location, or to assess 

the condition of, asbestos-containing material or 

suspected asbestos-containing material, whether by 

visual or physical examination, or by taking samples 

of the material. 

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

(b)	 "Board" means, as used in Sections 19-2-123 

through 19-2-126, the Air Quality Board or the 

Water Quality Board. 

(9)	 "Executive secretary" means the executive 

secretary of the board. 

(lO)(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. 

Chapter 2. Air Conservation Act 

(b) "Facility" does not include an air conditioner, 

fan, or other similar facility for the comfort of 

personnel. 

(11)	 "Friable 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, that hand pressure can crumble, 

pulverize, or reduce to powder when dry. 

(12)	 "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 8 

national standard. 

(l3)(a)	 "Pollution control facility" or "facility" means, 

as used in Sections 19-2-123 through 19-2-126, 

any land, structure, building, installation, 

excavation, machinery, equipment, or device, or 

any addition to, reconstruction, replacement or 

improvement of, land or an existing structure, 

building, installation, excavation, machinery, 

equipment, or device reasonably used, erected, 

constructed, acquired, or installed by any 

person ifthe primary purpose ofthe use, 

erection, construction, acquisition, or 

installation is the prevention, control, or 

reduction of air or water pollution by: 

(i)	 the disposal or elimination of or redesign to 

eliminate waste and the use oftreatment 

works for industrial waste as defined in 

Title 19, Chapter 5, Water Quality Act; or 

(ii) the disposal, elimination, or reduction of or 

redesign to eliminate or reduce air 

contaminants or air pollution or air 

contamination sources and the use of air 

cleaning devices. 

(b)	 "Pollution control facility" or "facility" does not 

include air conditioners, septic tanks, or other 

facilities for human waste, nor any property 

installed, constructed, or used for the moving of 

sewage to the collection facilities of a public or 

quasi-public sewerage system. 

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

- Organization - Per diem and expenses. 

(I)	 The board comprises 11 members, one of whom 

shall be the executive director and ten ofwhom 

shall be appointed by the governor with the advice 

and consent ofthe Senate. 

(2)	 The members shall be knowledgeable of air 

pollution matters and shall be: 

(a)	 a practicing physician and surgeon licensed in 

the state not connected with industry; 
Chapter 2. Air Conservation Act 

(b)	 a registered professional engineer who is not 

from industry; 

(c)	 a representative from municipal government; 

(d)	 a representative from county government; 

(e)	 a representative from agriculture; 

(f)	 a representative from the mining industry; 

(g)	 a representative from manufacturing; 

(h)	 a representative from the fuel industry; and 

(i)	 two representatives ofthe public not 

representing or connected with industry, at least 

one ofwhom represents organized 

environmental interests. 

(3)	 No more than five of the appointed members shall 

belong to the same political party. 

(4)	 The majority ofthe members may not derive any 

significant portion oftheir income from persons 

subject to permits or orders under this chapter. Any 

potential conflict of interest of any member or the 

executive secretary, relevant to the interests of the 

board, shall be adequately disclosed. 

(5)	 Members serving on the Air Conservation 

Committee created by Chapter 126, Laws of Utah 

1981, as amended, shall serve as members ofthe 

board throughout the tenns for which they were 

appointed. 

- (6) (a) Except as required by Subsection (b), members 

shall be appointed for a term of four years. 

(b) Notwithstanding the requirements of 

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

of appointment or reappointment, adjust the 

length of terms to ensure that the tenns of board 

members are staggered so that approximately 

half of the board is appointed every two years. 

(7)	 Members may serve more than one tenn. 

(8)	 Members shall hold office until the expiration of 

their terms and until their successors are appointed, 

but not more than 90 days after the expiration of 

their terms. 

(9)	 When a vacancy occurs in the membership for any 

reason, the replacement shall be appointed for the 

unexpired term. 

(10)	 The board shall elect annually a chair and a vice 

chair from its members. 

(11)(a)	 The board shall meet at least quarterly, and 

special meetings may be called by the chair 

upon his own initiative, upon the request of the 

executive secretary, or upon the written request 

of three members of the board. 

(b)	 Three days' notice shall be given to each 

member of the board prior to any meeting. 

- (12) Six members constitute a quorum at any meeting, 

and the action of a majority of members present is 

the action ofthe board. 

(13)(a)(i) Members who are not government employees 

shall receive no compensation or benefits for 

their services, but may receive per diem and 

expenses incurred in the perfonnance of the 

member's official duties at the rates 

established by the Division of Finance under 

Sections 63A-3-1 06 and 63A-3-1 07. 

(ii)	 Members may decline to receive per diem 

and expenses for their service. 

(b)(i)	 State government officer and employee 

members who do not receive salary, per 

diem, or expenses from their agency for their 

service may receive per diem -and expenses 

incurred in the perfonnance of their official 

duties from the board at the rates established 

by the Division of Finance under S~ctions

63A-3-I06 and 63A-3-I07. 

(ii)	 State government officer and employee 

members may decline to receive per diem and 

expenses for their service. 

(c)(i)	 Local government members who do not 

receive salary, per diem, or expenses from the 

_~	 entity that they represent for their service 

may receive per diem and expenses incurred 

in the performance of their official duties at 

the rates established by the Division of 

Finance under Sections 63A-3-106 and 

63A-3-I07. 

(ii)	 Local government members may decline to 

receive per diem and expenses for their 

service. 

19-2-104 Powers of board. 

(1)	 The board may make rules in accordance with Title 

63, Chapter 46a, Utah Administrative Rulemaking 

Act: 

(a)	 regarding the control, abatement, and 

prevention of air pollution from all sources and 

the establishment 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 infonnation 

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

Asbestos Hazard Emergency Response, and 

reviewing and approving asbestos management 

plans submitted by local education agencies 

under that act; 

(e)	 establishing a requirement for a diesel emission 

opacity inspection and maintenance program 

for diesel-powered motor vehicles; 

(t)	 implementing an operating permit program as 

required by and in confonnity with Titles IV 

and V of the federal Clean Air Act 

Amendments of 1990; 

(g) establishing requirements for county emissions 

inspection.and maintenance programs after 

obtaining agreement from the counties that 

would be affected by the requirements; 

(h)	 with the approval of the governor, 

implementing in air quality nonattainment areas 

employer-based trip reduction programs 

applicable to businesses having more than 100 

employees at a single location and applicable to 

federal, state, and local governments to the 

extent necessary to attain and maintain ambient 

air quality standards consistent with the state 

implementation plan and federal requirements 

under the standards set forth in Subsection (2); 

and 

(i)	 implementing lead-based paint remediation 

training, certification, and performance 

requirements in accordance with 15 V.S.C.A. 

2601 et seq., Toxic Substances Control Act, 

Subchapter IV -- Lead Exposure Reduction, 

Section 402 and 404. 

(2)	 When implementing Subsection (I)(h) the board 

shall take into consideration: 

(a)	 the impact of the business on overall air quality; 

and 

(b)	 the need ofthe business to use automobiles in 

order to carry out its business purposes. 

(3)	 The board may: 

(a)	 hold hearings relating to any aspect ofor matter 

in the administration of this chapter and compel 

the attendance ofwitnesses and the production 

of documents and other evidence, administer 

oaths and take testimony, and receive evidence 

as necessary; 

(b)	 issue orders necessary to enforce the provisions 

of this chapter, enforce the orders by 

appropriate administrative and judicial 

proceedings, and institute judicial proceedings 

to secure compliance with this chapter; 

(c)	 settle or compromise any civil action initiated 

to compel compliance with this chapter and the 

Cbapter 2. Air Conservation Act 

rules made under this chapter; 

(d)	 secure necessary scientific, technical,
 

administrative, and operational services,
 

including laboratory facilities, by contract or
 

otherwise;
 

(e)	 prepare and develop a comprehensive plan or 

plans for the prevention, abatement, and control 

of air pollution in this state; 

(f) encourage voluntary cooperation by persons and 

affected groups to achieve the purposes ofthis 

chapter; 

(g)	 encourage local units of government to handle 

air pollution within their respective jurisdictions 

on a cooperative basis and provide technical 

and consultative assistance to them; 

(h)	 encourage and conduct studies, investigations, 

and research relating to air contamination and 

air po])ution and their causes, effects, 

prevention, abatement, and control; 

(i) detennine by means of field studies and 

sampling the degree of air contamination and air 

pollution in all parts ofthe state; 

U) monitor the effects of the emission of air 

_.>-.	 contaminants from motor vehicles on the quality 

of the outdoor atmosphere in al I parts of this 

state and take appropriate action with respect to 

them; 

(k)	 collect and disseminate information and 

conduct educational and training programs 

relating to air contamination and air pollution; 

(1)	 advise, consult, contract, and cooperate with
 

other agencies of the state, local governments,
 

industries, other states, interstate or interlocal
 

agencies, the federal government, and with
 

interested persons or groups;
 

(m) consult, upon request, with any person 

proposing to construct, install, or otherwise 

acquire an air contaminant source in the state 

concerning the efficacy of any proposed control 

device, or system for this source, or the air 

pollution problem which may be related to the 

source, device, or system, but a consultation 

does not relieve any person from compliance 

with this chapter, the rules adopted under it, or 

any other provision of law; 

(n)	 accept, receive, and administer grants or other 

funds or gifts from public and private agencies, 

including the federal government, for the 

purpose of carrying out any of the functions of 

this chapter; 

(0)	 require the owner and operator of each new 

source which directly emits or has the potential 

to em'it 100 tons per year or more of any air 
Chapter 2, Air Conservation Act 

contaminant or the owner or operator of each 

existing source which by modification will 

- increase emissions or have the potential of 

increasing emissions by 100 tons per year or 

more of any air contaminant, to pay a fee 

sufficient to cover the reasonable costs of: 

(i) reviewing and acting upon the notice 

required under Section 19-2-108; and 

(ii)	 implementing and enforcing requirements " 

placed on the sources by any approval 

order issued pursuant to notice, not 

including any court costs associated with 

any enforcement action; 

(p)	 assess and collect noncompliance penalties as 

required in Section 120 ofthe federal Clean Air 

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

(q)	 meet the requirements of federal air pollution 

laws; 

(r) establish work practice, certification, and 

clearance air sampling requirements for persons 

who: 

(i) contract for hire to conduct demolition, 

renovation, salvage, encapsu lation work 

involving friable asbestos-containing 

materials, or asbestos inspections; or 

(ii)	 conduct work described in Subsection (i) in 

areas to which the general public has 

unrestrained access or in school buildings 

that are subject to the federal Asbestos 

Hazard Emergency Response Act of 1986; 

(iii) conduct asbestos inspections in facilities 

subject to IS V.S.C.A. 2601 et seq., Toxic 

Substances Control Act, Subchapter 11 ­

Asbestos Hazard Emergency Response; or 

(iv) conduct lead paint inspections in facilities 

subject to IS V.S.C.A. 2601 et seq., Toxic 

Substances Control Act, Subchapter IV -­

Lead Exposure Reduction; 

(s) establish certification requirements for persons 

required under IS V.S.C.A. 2601 et seq., Toxic 

Substances Control Act, Subchapter 11 ­

Asbestos Hazard Emergency Response, to be 

accredited as inspectors, management planners, 

abatement project designers, asbestos abatement 

contractors and supervisors, or asbestos 

abatement workers; 

(t) establish certification requirements for asbestos 

project monitors, which shall provide for 

experience-based certification of persons who, 

prior to establishment ofthe certification 

requirements, had received relevant asbestos 

training, as defined by rule, and had acquired at 

least 1,000 hours of experience as project 

monitors; 

(u)	 establish certification procedures and 

requirements for certification of the conversion 

of a motor vehicle to a clean-fuel vehicle, 

certifying the vehicle is eligible for the tax 

credit granted in Section 59-7-605 or 

59-10-127; 

(v)	 establish a program to certify private sector air 

quality permitting professionals (AQPP), as 

described in Section 19-2-109.5;" and 

(w) establish certification requirements for persons 

required under IS U.S.C.A. 2601 et seq., Toxic 

Control Act, Subchapter IV - Lead Exposure 

Reduction, to be accredited as inspectors, risk 

assessors, supervisors, project designers, or 

abatement workers. 

(4) Any rules adopted under this chapter shall be 

consistent with provisions of federal laws, if any, 

relating to control of motor vehicles or motor 

vehicle emissions. 

(5) Nothing in this chapter authorizes the board to 

require installation of or payment for any 

j.. 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. 

Amended by ch. J77, § J. J998 General Session. 

19-2-105 Duties of board. 

The board, in conjunction with the governing body of 

each county identified in Section 41-6-163.7 and other 

interested parties, shall perform an evaluation of the 

inspection and maintenance program developed under 

Section 41-6-163.7 including issues relating to: 

(I)	 the implementation of a standardized inspection and 

maintenance program; 

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

(3) out-of-county registration of vehicles used within 

the areas required to have an inspection and 

maintenance program; 

(4)	 use ofthe farm truck exemption; 

(5)	 mechanic training programs; 

(6)	 emissions standards; and 

(7) emissions waivers. 

19-2-105.3 Clean fuel requirements for fleets. 

(I)	 As used in this section: 

(a)	 "1990 Clean Air Act" means the federal Clean 

Air Act as amended in 1990. 

(b)	 "Clean fuel" means: 

(i) propan.e, compressed natural gas, or 

5 
electricity; 

(ii)	 other fuel the Air Quality Board created in 

Title 19, Chapter 2, Air Conservation Act, 

determines annually on or before July 1 is 

at least as effective as fuels under 

Subsection (1 )(b)(i) in reducing air 

pollution; and 

(iii) other fuel that meets the clean fuel vehicle 

standards in the 1990 Clean Air Act. 

(c)	 "Fleet" means ten 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 41-6-1 ; 

(v) registered under Title 41, Chapter 1a, Part 

2, Registration, as farm vehicles; 

(vi) special mobile equipment as defined in 

Section 41-1 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 

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 

Chapter 2, Air Conservation Act 

July 1, 1995, may require fleets to use clean 

fuels no earlier than July I, 1995, unless the 

board determines fleet use of clean fuels is 

necessary prior to July 1, 1995, to demonstrate 

attainment ofthe national ambient air quality 

standards in any area by an attainment date 

established by federal law. 

(c)	 The board may not require more than 50% 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 (b). 

(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 ofthe 

national ambient air quality standards. 

(b)	 Under Subsection (a) the board may require no 

more than: 

(i)	 30% of a fleet to use clean fuels before 

January 1, 1998; 

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

January I, 1999; and 

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

January I, 2000. 

(c)	 The board may not require more than 50% of 

those trucks in a fleet that are heavy duty trucks 

having a gross vehicle weight rating of more 

than 8,500 pounds and not more than 26,000 

pounds to convert to clean fuels under 

Subsection (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 ofthis 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 insta.llers; and 
Cbapter 1, Air Conservation Act 

(e)	 certification fees for installers, established 

under Section 63-38-3.2. 

(5) Implementation ofthis section and rules made under 

this section are subject to the reasonable availability 

of clean fuel in the local market as detennined 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 ofthe 

state. Those findings shall be accompanied by an 

opinion referring to and evaluating the public health 

and environmental information and studies 

contained in the record which form the basis for the 

board's conclusion. 

19-2-107 Executive secretary - AppointmentPowers. 

(1)	 The executive secretary shall be appointed by the 

executive director, with the approval of the board, 

and shall serve under the administrative direction of 

the executive director. 

(2)	 The executive secretary may: 

(a)	 develop programs for the prevention, control, 

and abatement of new or existing air pollution 

resources of the state; 

(b) advise, consult, and cooperate with other 

agencies of the state, the federal government, 

other states and interstate agencies, and with 

affected groups, political subdivisions, and 

industries in furtherance of the purposes of this 

chapter; 

(c)	 employ full-time employees necessary to carry 

out this chapter; 

(d)	 as authorized by the board, subject to the 

provisions ofthis chapter, authorize any 

employee or representative ofthe department to 

enter at reasonable time and upon reasonable 

notice in or upon public or private property for 

the purposes of inspecting and investigating 

conditions and plant records concerning 

possible air pollution; 

(e)	 encourage, participate in, or conduct studies, 

investigations, research, and demonstrations 

relating to air ·pollution and causes of it as 

advisable and necessary for the discharge of 

duties assigned under this chapter, including the 

establishment of inventories of pollution 

sources; 

(f) collect and disseminate infonnation rCiating to 

air pollution and the prevention, control, and 

abatement of it; 

(g)	 as authorized by the board subject to the 

provisions ofthis chapter, enforce rules through 

the issuance of orders, including: 

(i)	 prohibiting or abating discharges of wastes 

affecting ambient air; 

(ii) requiring the construction of new control 

facilities or any parts of new control 

facilities or the modification, extension, or 

alteration of existing control facilities or 

any parts of new control facilities; or 

(iii) the adoption of other remedial measures to 

.>.. prevent, control, or abate air pollution; 

(h)	 review plans, specifications, or other data 

relative to pollution control systems or any part 

ofthe systems provided in this chapter; 

(i) as authorized by the board, subject to the 

provisions ofthis chapter, exercise all incidental 

powers necessary to cany 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 ofthem, in confonnity with this 

chapter; 

U) cooperate with any person in studies and 

research regarding air pollution, its control, 

abatement, and prevention; and 

(k)	 represent the state with the specific concurrence 

ofthe executive director in all matters 

pertaining to interstate air pollution, including 

interstate compacts and similar agreements. 

19-2-108 Notice of construction or modification of 

installations required - Authority of executive 

secretary to prohibit construction - Hearings ­

Limitations on authority of board - Inspections 

authorized. 

(1)	 The board shall require that notice be given to the 

executive secretary by any person planning to 

construct a new installation which will or might 

reaSonably be expected to be a source or indirect 

source of air pollution or to make modifications to 

1 J 
~.-.	 an existing installation which will or might 

reasonably be expected to increase the amount of or 

change the character or effect of air contaminants 

discharged, so that the installation may be expected 

to be a source or indirect source of air pollution, or 

by any person planning to install an air cleaning 

device or other equipment intended to control 

emission of air contaminants. 

(2) (a)	 (i) The executive secretary may require, as a 

condition precedent to the construction, 

modification, installation, or establishment 

of the air contaminant source or indirect 

source, the submission ofplans, 

specifications, and other information as he 

finds necessary to determine whether the 

proposed construction, modification, 

installation, or establishment will be in 

accord with ap'plicable rules in force under 

this chapter. 

(ii)	 Plan approval for an indirect source may 

be delegated by the executive secretary to a 

local authority when requested and upon 

assurance that the local authority has and 

will maintain sufficient expertise to insure 

that the planned installation will meet the 

requirements established by law. 

(b)	 If within 90 days after the receipt of plans, 

specifications, or other information required 

under this subsection, the executive secretary 

determines that the proposed construction, 

installation, or establishment or any part of it 

will not be in accord with the requirements of 

this chapter or applicable rules or that further 

time, not exceeding three extensions of 30 days 

each, is required by the board to adequately 

review the plans, specifications, or other 

information, he shall issue an order prohibiting 

the construction, installation, or establishment 

of the air contaminant source or sources in 

whole or in part. 

(3)	 In addition to any other remedies, any person 

aggrieved by the issuance of an order either 

granting or denying a request for the construction of 

a new installation, and prior to invoking any such 

other remedies shall, upon request, in accordance 

with the rules ofthe board, be entitled to a hearing. 

Following the hearing, the permit may be affirmed, 

modified, or withdrawn. 

(4) Any features, machines, and devices constituting 

parts of or called for by plans, specifications, or 

other information submitted under Subsection (1) 

shall be maintained in good working order. 

(5)	 This section does not authorize the board to require 

Chaptn 2, Air Conservation Act 

the use of machinery, devices, or equipment from a
 

particular supplier or produced by a particular
 

manufacturer ifthe required performance standards
 

may be met by machinery, devices, or equipment
 

otherwise available.
 

(6) (a)	 Any authorized officer, employee, or 

representative ofthe board may enter and 

inspect any property, premise, or place on or at 

which an air contaminant source is located or is 

being constructed, modified, installed, or 

established at any reasonable time for the 

purpose of ascertaining the state of compliance 

with this chapter and the rules adopted under it. 

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

any authorized representative of the board
 

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
 j.. 

facts found which relate to compli~nce status. 

19-2-109 Air quality standards - Hearings on 

adoption - Orders of executive secretary - Adoption 

of emission control requirements. 

(1) (a) The board, in adopting standards of quality for ­ ambient air, shall conduct public hearings. 

(b)	 Notice of any public hearing for the
 

consideration, adoption, or amendment of air
 

quality standards shall specify the locations to
 

which the proposed standards apply and the
 

time, date, and place of the hearing.
 

(c)	 The notice shall be published at least twice in
 

any newspaper of general circulation in the area
 

affected and shall be mailed at least 20 days
 

before the public hearing to the chief executive
 

of each political subdivision ofthe area affected
 

and to other persons the executive secretary has
 

reason to believe will be affected by the
 

standards.
 

(d)	 The adoption of air quality standards or any
 

modification or changes to air quality standards
 

shall be by order ofthe executive secretary
 

following formal action of the board with
 

respect to the standards.
 

(e)	 The order shall be published in a newspaper of
 

general circulation in the area affected.
 

(2) (a)	 The board may establish emission control 

requirements by rule that in its judgment may 

be necessary to prevent, abate, or control air 

pollution that may be statewide or may vary 
Chapter 2. Air Conservarion Act 

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 pennit" means a permit issued by 

the executive secretary to sources of air 

pollution that meet the requirements of Titles 

IV and V ofthe 1990 Clean Air Act. 

o (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 

executive secretary 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 IS, 1995, whichever occurs first. 

(3) (a)	 Operating permits issued under this section 

shall be for a period offive years unless the 

board makes a written finding, after public 

comment and hearing, and based on substantial 

evidence in the record, that an operating permit 

term of less than five years is necessary to 

protect the public health and the environment of 

the state. 

(b)	 The executive secretary may issue, modify, or 

renew an operating permit only after providing 

public notice, an opportunity for public 

comment, and an opportunity for a public 

hearing. 

.­ (c) The executive secretary shall, in conformity 

with the 1990 Clean Air Act and implementing 

federal regulations, revise the conditions of 

issued operating permits to incorporate 

applicable federal regulations in conformity 

with Section 502(b)(9) ofthe 1990 Clean Air 

Act, if the remaining period ofthe permit is 

three or more years. 

(d)	 The executive secretary may terminate, modify, 

revoke, or reissue an operating permit for cause. 

(4) (a)	 The board shall establish a proposed annual 

emissions fee that confonns with Title V of the 

1990 Clean Air Act for each ton of regulated 

pollutant, applicable to al1 sources required to 

obtain a pennit. The emissions fee established 

under this section is in addition to fees assessed 

under Section 19-2-108 for issuance of an 

approval order. 

(b)	 In establishing the fee the board shall comply 

with the provisions of Section 63-38-3.2 that 

require a public hearing and require the 

established fee to be submitted to the 

Legislature for its approval as part of the 

department's annual appropriations request. 

J..·(c)	 The fee shaH cover all reasonable direct and 

indirect costs required to develop and 

administer the program and the small business 

assistance program established under Section 

19-2-109.2. The boarctshall prepare an annual 

report ofthe emissions fees collected and the 

costs covered by those fees under this 

subsection. 

(d)	 The fee shall be established unifonnly for aH 

sources required to obtain an operating pennit 

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. 

(t) An emissions fee may not be assessed for any 

amount of a regulated pollutant emitted by any 

source in ~xcess of4,000 tons per year ofthat 

regulated pollutant. 

(5)	 Emissions fees for the period: 

(a)	 ofJuly I, 1992, through June 30, 1993, shall be 

based on the most recent emissions inventory 

prepared by the executive secretary; 

(b)	 on and after July I, 1993, but prior to issuance 

of an operating permit, shall be based on the 

most recent emissions inventory, unless a 

source elects prior to July I, 1992, to base the 

fee on allowable emissions, if applicable for a 

regulated poHutant. 
,'. 

i.: 

(6)	 After an operating pennit 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 pennit, 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 executive secretary 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 63, Chapter 46b, Administrative 

Procedures Act, as provided in this subsection. 

(a)	 The owner or operator must pay the fee under 

protest prior to being entitled to a hearing. 

Payment of an emissions fee or penalty under 

protest i~ not a waiver of the right to contest the 

fee or penalty under this subsection. 

(b)	 A request for a hearing under this subsection 

shal1 be made after payment ofthe emissions 

fee and within six months after the emissions 

fee was due. 

(9)	 To reinstate an operating permit revoked under 

Subsection (7) the owner or operator shall pay all 

outstanding emissions fees, a penalty of not more 

than 50% of all outstanding fees, and interest on the 

outstanding emissions fees computed at 12% 

annually, 

(l0)	 All emissions fees and penalties collected by the 

department under this section shall be deposited in 

the General Fund as the Air Pol1ution 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 executive secretary to act on any 

operating permit application or renewal is a fmal 

administrative action only for the purpose of 

obtaining judicial review by any of the following 

persons to require the executive secretary to take 

action on the permit or its renewal without 

additional delay: 

(a)	 the applicant; 

(b)	 any person who participated in the public 

comment process; or 

(c)	 any other person who could obtain judicial 

review ofthat action under applicable law. 

Chapter 2, Air Conservation Act 

19-2-109.2 Small business assistance program. 

(1)	 The board shall establish a small business stationary 

source technical and environmental compliance 

assistance program that conforms with Title V 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 (I). The seven panel members are: 

(a)	 two members who are not owners or 

representatives of owners ofsmall business 

stationary air pollution sources, selected by the 

governor to represent the general public; 

(b)	 four members who are owners or who represent 

owners ofsmall business stationary sources 

selected by leadership of the Utah Legislature 

as follows: 

(i) one member selected by the majority leader 

of the Senate; 

(ii)	 one member selected by the minority 

leader ofthe Senate; 

(iii) one member selected by the majority leader 

ofthe House of Representatives; and 

(iv) one member selected by the minority 

leader ofthe House ofRepresentatives; and 

(c)	 one member selected by the executive director 

to represent the Division of Air Quality, 

Department of Environmental Quality. 

(3) (a)	 Except as required by Subsection (b), as tenns 

of current panel members expire, the 

department shall appoint each new member or 

reappointed member to a four-year term. 

(b) Notwithstanding the requirements of Subsection 

(a), the department shall, at the time of 

appointment or reappointment, adjust the length 

ofterms to ensure that the terms of panel 

members are staggered so that approximately 

half of the panel is appointed every two years. 

(4)	 Members may serve more than one term. 

(5)	 Members shall hold office until the expiration of 

their terms and until their successors are appointed. 

but not more than 90 days after the expiration of 

their terms. 

(6)	 When a vacancy occurs in the membership for any 

reason. the replacement shall be appointed for the 

unexpired term. 

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

its members. 

(8) (a)	 The panel shall meet as necessary to carry out 

its duties. Meetings may be called by the chair, 

the executive secretary, or upon written request 

ofthree ofthe members of the panel. 

(b) Three days' notice shal1 be given to each 

t,P
 
Chaptcr 2. Air Conscrvation Act 

member of the panel prior to a meeting. 

(9)	 Four members constitute a quorum at any meeting, 

and the action ofthe majority of members present is 

the action ofthe panel. 

(10)(a)(i) Members who are not government employees 

shall receive no compensation or benefits for 

their services, but may receive per diem and 

expenses incurred in the performance of the 

member's official duties at the rates 

established by the Division of Finance under 

Sections 63A-3-1 06 and 63A-3-1 07. 

(ii)	 Members may decline to receive per diem 

and expenses for their service. 

(b)(i)	 State government officer and employee 

members who do not receive salary, per 

diem, or expenses from their agency for their 

service may receive per diem and expenses 

incurred in the perfonnance of their official 

duties from the panel at the rates established 

by the Division of Finance under Sections 

63A-3-106 and 63A-3-I07. 

(ii)	 State government officer and employee 

members may decline to receive per diem 

and expenses for their service. 

(c)	 Legislators on the committee shall receive 

compensation and expenses as provided by law 

_. and legislative rule. 

19-2-109.3 Public access to information. 

A copy of each permit application, compliance plan, 

emissions or compliance monitoring report, certification, 

and each operating pennit 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 pennitting 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 

sectionMII , 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 subm itting a notice of 

intent or operating pennit application under this 

chapter. 

(4) Any program under this section shall provide for 

revocation of any certification issued under this 

section ifthe department detennines, 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 pennit 

applications in one calendar year in a manner 

that each did not substantially comply with 

department application requirements; 

(c)	 prepared any air quality pennit application in 

violation ofthe professional standards defined 

by department rule. 

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

action orders - Conference, conciliation, and 

persuasion by board. 

(1) (a)	 Whenever the executive secretary has reason to 

believe that a violation of any provision of this 

chapter or any rule issued under it has occurred, 

he may serve written notice 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. 

(b)	 In lieu of beginning an adjudicative proceeding 

under Subsection (I )(a), the board may initiate 

an action pursuant to Section 19-2-115. 

(2) Nothing in this chapter prevents the board from 
----_._--- - _.._- ..... ­

making efforts to obtain voluntary compliance 

through warning, conference, conciliation, 

persuasion, or other appropriate means. 

(3) Hearings may be held before: 

(a) the board; 

(b) a hearing examiner of the board; or 

(c)	 a board member especially appointed by the 

board to hold the hearing. 

19-2-]] 1 Review of orders of hearing examiner­ 'r"'­

~.':	 Procedure. 

(7' 

Any person aggrieved by an order of a hearing examiner ~:' may file a motion for review of the order with the board. i\. 

~;r ]9-2-]]2 Generalized condition of air pollution

It creating emergency - Sources causing imminent f" danger to health - Powers of executive directorDeclaration of emergency. 

(1)	 (a) Title 63, Chapter 46b, Administrative 

Procedures Act, and any other provision of law 

to the contrary notwithstanding, ifthe 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 ofthe governor, shall order 

persons causing or contributing to the air 

pollution to reduce or discontinue immediately 

the emission of air contaminants. 

(b) The order shall fix a place and time, not later 

than 24 hours after its issuance, for a hearing to 

be held before the governor. 

(c)	 Not more than 24 hours after the 

commencement ofthis hearing, and without 

adjournment of it, the governor shall affirm, 

modify, or set aside the order ofthe executive 

director. 

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

pollution referred to in Subsection (1), but ifthe 

executive director finds that emissions from the 

operation of one or more air contaminant sources is 

causing imminent danger to human health or safety, 

he may commenc~~djudicative proceedings under. 

Section 63-46b-20. 

(3) Nothing in this section limits any power that the 

governor or any other officer has to declare an 

emergency and act on the basis ofthat declaration. 

19-2-113 Variances - Judicial review. 

(l)	 (a) Any person who owns or is in control of any 

plant, building, structure, establishment, 

process, or equipment may apply to the board 

for a variance from its rules. 

Chapter 2, Air Conservation Act 

(b) The board may grant the requested variance 

following an announced public meeting, if it - finds, after considering the endangerment to 

human health and safety and other relevant 

factors, that compliance with the rules from 

which variance is sought would produce serious 

hardship without equal or greater benefits to the 

public. 

(2) A variance may not be granted under this section 

until the board has considered the relative interests 

ofthe applicant, other owners ofpropeny 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 ofthe air pollution 

involved, it shall be only until the necessary 

means for prevention, abatement, or control 

become known and available, and subject to the 

taking of any substitute or alternate measures 

that the board may prescribe;' - (b) (i) ifthe variance is granted on the grounds that 

compliance with the requirements from 

which variance is sought will require that 

measures, because oftheir extent or cost, 

must be spread over a long period oftime, 

the variance shall be granted for a 

reasonable time that, in the view ofthe 

board, is required for implementation ofthe 

necessary measures; and 

(ii) a variance granted on this ground shall 

contain a timetable for the implementation 

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 

~ind 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, 
Chapter 2, Air Conservation ACt 

the board finds that renewal is justified. 

(c)	 To receive a renewal, an applicant shall submit 

a request for agency action to the board 

requesting a renewal. 

(d)	 Immediately upon receipt of an application for 

renewal, the board shall give public notice of 

the application as required by its rules. 

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

applicant or holder but may be granted at the 

board's discretion. 

(b)	 A person aggrieved by the board's decision may 

obtain judicial review. 

(c)	 Venue for judicial review of informal 

adjudicative proceedings is in the district court 

in which the air contaminant source is situated. 

(6) (a)	 The board may review any variance during the 

term for which it was granted. 

(b)	 The review procedure is the same as that for an 

original application. 

(c)	 The variance may be revoked upon a finding 

that: 

(i) the nature or amount of emission has 

changed or increased; or 

(ii) if facts existing at the date of the review 

had existed at the time of the original 

,- application, the variance would not have 

been granted. 

(7) Nothing in this section and no variance or renewal 

granted pursuant to it shall be construed to prevent 

or limit the application of the emergency provisions 

and procedures of Section ]9-2-] ]2 to any person . 

or property. 

19-2-114 Activities not in violation of chapter or
 

rules.
 

The following are not a violation of this chapter or of
 

any rules made under it:
 

(I)	 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)	 buming.~w~ed 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 vid}ate 

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 

-

19-2-115 Violations - Penalties - Reimbursement 

for expenses. 

(I)	 The terms "knowingly," "willfully," and "criminal 

negligence" shall mean as defmed in Section 

76-2-103. 

(2) (a)	 Any person who violates this chapter, or any 

rule, order, or permit issued or adopted under 

this chapter is subject in a civil proceeding to a 

penalty not to exceed $10,000 per day for each 

violation. 

(b)	 Subsection (a) also applies to rules adopted 

under the authority of Section 19-2-I04, for 

implementation of 15 U.S.C.A. 2601 et seq., 

Toxic Substances Control Act, Subchapter II ­

Asbestos Hazard Emergency Response. 

(c)	 Penalties assessed for violations described in 15 

V.S.C.A. 2647, Toxic Substances Control Act, 

Subchapter II - Asbestos Hazard Emergency 

Response, may not exceed the amounts 

specified in that section and shall be used in 

accordance with the provisions of that section. 

(1)	 A person is guilty of a class A misdemeanor and is 

subject to imprisonment under Section 76-3-204 and 

a fme of not more than $25,000 per day of violation 

ifthat person knowingly violates any.ofthe 

following under this chapter: 

(a)	 an applicable standard or limitation; 

(b)	 a perm it condition; or 

(c)	 a fee or filing requirement. 

(4)	 A person is guilty ofa third degree felony and is 

subject to imprisonment under Section 76-3-203 and 

a fine of not more than $25,000 per day of violation 

who knowingly: 

(a)	 makes any false material statement, 

representation, or certification, in any notice or 

report required by permit; or 

(b)	 renders inaccurate any monitoring device or 

method required to be maintained by this 

chapter or applicable rules made under this 

chapter. 

(5) Any fine or penalty assessed under Subsections (2) 

or (3) is in lieu of any penalty under Section 

19-2-109.1. 

(6) Any person who willfully violates Section	 J9-2-120 

is guilty of a class A misdemeanor. 

(7) Any person who knowingly violates any 

requirement of an applicable implementation plan 

adopted by the board, more than 30 days after 

having been notified in writing by the executive 

secretary that he is violating the requirement, or 

knowingly violates an order issued under S~ction

service personnel when the United States Weather 19-2-II0(1)(a) is guilty ofa third degree felony and 

Service clearing index is above SOD. subject to imprisonment under Section 76-3-203 and 
Chapter 2, Air Conservation Act 

Subsections (c) and (d), if: 

(A) the defendant's conduct placed another 

person in imminent danger of death or 

serious bodily injury; and 

(8)	 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 affinnative steps to be .....' ~.

shielded from receiving relevant 

infonnation. 

(f)	 (i) It is an affinnative defense to prosecution 

under 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 

(8)	 medical treatment or medical or 

scientific experimentation conducted by 

professionally approved methods and 

the other person was aware ofthe risks 

involved prior to giving consent. 

(ii)	 The defendant has the burden of proofto 

establish any affirmative defense under this 

Subsection (f) and must prove that defense 

i .~ .. by a preponderance ofthe evidence. 

(9)	 (a) Except as provided in Subsection (b), and 

unless prohibited by federal law, all penalties 

assessed and collected under the authority of 

this section shall be deposited in the General 

Fund. 

(b)	 The department may reimburse itself and local 

governments from monies collected from civil 

penalties for extraordinary expenses incurred in 

environmental enforcement activities. 

.	 (c) The department shall regulate reimbursements 

by making rules that: 

(i)	 define qualifying environmental i 

/i

j enforcement'activities; and 

(ii)	 define qualifying extraordinary expenses. 

Amended by ch. 271. § 1. 1998 General Session. 

i 

I 

.~ . 
Chapter 2. Air Conservation Act 

19-2-116 ° Injunction or other remedies to prevent

violations - Civil actions not abridged. 

(I)	 Action under Section 19-2-115 does not bar 

enforcement ofthis chapter, or any ofthe rules 

adopted under it or any orders made under it by 

injunction or other appropriate remedy. The board 

has the power to institute and m~jntain in the narne 

of the state any and all enforcement proceedings. 

(2)	 This chapter does not abridge, limit, impair, create, 

enlarge, or otherwise affect substantively or 

procedurally the right of any person to damages or 

° other relief on account of injury to persons or 

property and to maintain any action or other 

appropriate proceeding for this purpose. 

(3) (a)	 In addition to any other remedy created in this 

chapter, upon failure of any person to comply 

with any provision ofthis chapter or any rule 

adopted under it or any final order made by the 

board, the executive secretary, or the executive 

director and when it appears necessary for the 

protection of health and welfare, the board may 

initiate through its executive secretary an action 

for appropriate injunctive relief. 

(b)	 The attorney general shall bring injunctive 0

relief actions on request. 0 

(c)	 A bond is not required. 

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

- Duties of attorney general and county attorneys. 

(1)	 The attorney general is the legal advisor to the 

board and its executive secretary and shall defend 

them or any ofthem in all actions or proceedings 

brought against them or any ofthem. 

(2)	 The county attorney in the county in which a cause 

of action arises may, upon request of the board or its 

executive secretary, bring any action, civil or 

criminal, to abate? condition which exists in 

violation of, or to prosecute for the violation of or to 

enforce, this chapter or the standards, orders, or 

rules ofthe board or the executive secretary issued 

under this chapter. 

(3)	 The board or its executive secretary may bring any 

action and be represented by the attorney general. 

(4)	 In the event any person fails to comply with a cease 

and desist ord,er 9fthe board or its executive 0 

secretary that is not subject to a stay pending 

administrative or judicial review, the board may, 

through its executive secretary, initiate an action 

for, and is entitled to, injunctive relief to prevent 

any further or continued violation of the order. 

19-2-118 Violation of injunction evidence of 

.­ contempt.

Failure to comply with the tenns 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 board do not
 

acquire actionable rights by virtue of this chapter.
 

(3)	 The liabilities imposed for violation ofthis chapter 

are not imposed for any violation caused by an act 

of God, war, strike, riot, or other catastrophe. 

19-2-120 Information req~ired of owners or 

operators of air contaminant sources. 

The owner or operator of any stationary air contaminant 

source in the state shall furnish to the board the reports 

required under Section 19-2-104 and any other 

information the board finds necessary to determine 

.whether the source is in compliance with state and 

->federal regulations and standards. The information shall 

be correlated with applicable emission standards or 

limitations and shall be available to the public during 

normal business hours at the office of the department. - . 

19-2-121 Ordinances of political subdivisions
 

authorized.
 

Any political subdivision of the state may enact and
 

enforce ordinances to control air pollution that are
 

consistent with this chapter.
 

19-2-122 Cooperative agreements between political
 

subdivisions and department.
 

(1) Any political subdivision ofthe state may enter into 

and perform with other political subdivisions ofthe 

state or with the department contracts and 

agreements as they find proper for establishing, 

planning, operating, and financing air pollution 

programs. 

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

(a)	 supervise and operate an air pollution program; 

(b) prescribe, subject to the approval of the board, 

the agency's powers and duties; and 

(c)	 fix the compensation of the agency's members 

and employees. 

19-2-123 Tax relief to encourage investment in
 

facilities - Sales and use tax exemption.
 

(I)	 It is in the public interest ofthe state to encourage,
 

through tax reI ief, investment in pollution control
 

\ 5 j
 
and pollution elimination facilities while at the same 

time making and keeping the state an attractive 

location for continued industrial development, 

including the expansion of existing plants, thereby 

increasing employment and payrolls and upgrading 

the natural resources of the state. 

(2)	 All materials and equipment purchased, leased, or 

otherwise procured and services utilized for the 

construction or installation in a pollution control 

facility are exempt from sales and use taxes 

imposed by Title 59, Chapter 12, Sales and Use Tax 

Act, upon obtaining a certification of pollution 

control facility from the board. 

19-2-124 Application for certification of pollution 

control facility. 

(I)	 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 after December 31, 1972, or on or before 

January 31, 1985, and after June 30, 1986, and 

before July 1, 1999. An application may be filed at 

any time after a finn construction contract has been 

entered or construction has commenced. 

(2) (a)	 A person who applies under Subsection (1) 

shall be the owner of a trade or business that 

uses property in the state requiring a pollution 

control facility to prevent or minimize pollution 

or a person who, as a lessee or pursuant to an 

agreement, conducts the trade or business that 

operates or uses the property. 

(b)	 The facility shall be owned, operated, or leased 

during a part of the tax year in which the 

exemption is claimed. 

(c)	 An exemption may be claimed only in those tax 

years that begin on or after January I, 1973, 

and on or before January 31, 1985, and after 

June 30, 1986, and before July I, 1999. 

(d)	 As used in this subsection, "owner" includes a 

contract purchaser. 

(3)	 (a) Each application shall be in writing on a form 

prescribed by the board, contain a description 

of the facilities and materials incorporated in 

them, the machinery and equipment, the , 

existing or-proposed operational procedure, and 

a statement of the purpose of pollution 

prevention, control, or reduction served or to be 

served by the facility. 

(b)	 The board may require any further infonnation 

it find's necessary before issuance of a 

certificate. 

Chapter 2, Air Conservation Act 

19-2-125 Action on application for certification. 

(1) (a)	 If the board, after consulting with the State Tax 

Commission, finds that a pollution control ­ facility or a part ofa po)Jution control facility, 

for which application is made under Section 

19-2-124 was or is to be erected, constructed, 

acquired, or installed after December 31, 1972, 

on or before January 31, 1985, and after June 

30, 1986, and before July I, 1999, and is 

designed and is being operated or wiJl operate 

primarily to prevent, control, or reduce air or 

water poJ]ution, and that the applicant qualifies 

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

the facility. 

(b)	 If one or more facilities constitute an
 

operational unit. the board may certify those
 

facilities under one certificate.
 

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

act on an application under Section 19-2-124 

before the 120th day after filing. 

(b)	 Failure of the board and the State Tax 

Commission to timely act constitutes automatic 

acceptance of the application and the board 

shall furnish a certificate to the applicant on 

demand. 

19-2-126 Rev~cation of c~rtification - Grounds ­

Procedure. 

(l)	 (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 ofthe certificate has failed 

substantially to operate the facility for the 

purpose of, and to the extent necessary to 

prevent, control, or reduce air or water 

pollution as specified in the certificate. 

(b)	 A shutdown of the facility due to force majeure, 

including obsolescence, is not cause to revoke 

certification of any facility. 

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

by issuing a notice of agency action. 

(b)	 The holder of the certificate may obtain judicial 

review of the revocation. 

(c)	 The revocation is final and conclusive unless an 

appeal is taken. 

(d)	 Ifthe revocation is affinned 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 

I It, \ 
Chaprtr 2, A.... Cons~tioG Ad 

the revocation. 

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

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 holde(' because of the tax relief 

provided the holder to the extent permined by 

the applicable statute of limitations. 

19-2-127 Rules for administering certification for tax 

relief. 

In addition to the powers granted it, the board may 

fonnulate, amend, or cancel rules establishing 

procedures for processing and evaluating applications 

for cenification, establishing procedures for the issuance 

and revocation of certificates, and all other maners 

pertaining to the board in administering certification for 

tax relief on pollution control facilities. 

-


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I.·. 

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\1 \ 

i' 

I 
Utah Administrative Rulemaking Act
 

UTAH CODE Title 63, Chapter 46a (1998)
 

Including changes made during the 1998 General Session
 

63-46a-1. Short title. 

This act is known as the "Utah Administrative Rulemaking 

Act." 

(as enacted by 1985 Utah Laws 158) 

63-46a-2. Definitions. 

As used in this chapter: 

(l) "Administrative record" means information an agency 

relies upon when making a rule under this chapter including 

copies of: 

(a) the proposed rule, change in the proposed rule, and 

the rule analysis form; 

(b) the public comment received and recorded by the 

agency during the public comment period; 

(c) the agency's response to the public comment; 

(d) the agency's analysis of the public comment; and 

(e) the agency's report of its decision-making process. 

(2) "Agency" means each state board, authority, 

commission, institution, department, division, officer, or other 

state government entity other than the Legislature, its 

committees, the political subdivisions of the state, or the courts, 

which is authorized or required by law to make rules, adjudicate, 

grant or withhold licenses, grant or withhold relief from legal 

obligations, or perform other similar actions or duties delegated 

by law. 

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

(4) "Catchline" means a short summary of each section, 

part, rule, or title of the code that follows the section, part, rule, 

or title reference placed before the text of the rule and serves the 

same function as boldface in legislation as described in Section 

68-3-13. 

(5) "Code" means the body of all effective rules as 

compiled and organized by the division and entitled "Utah 

Administrative Code." 

(6) "Director" means the director of the Division of 

Administrative Rules. 

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

(8) "Effective" means operative and enforceable. 

(9) (a) "File" means to submit a document to the division 

as prescribed by this chapter. 

(b) "Filing date" means the day and time the document 

is recorded as received by the division. 

(lO) "Interested person" means any person affected by or 

interested in a proposed rule, amendment to an existing rule, or a 

nonsubstantive change made under Section 63-46a-l O. 

(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) (a) "Policy" means a statement applying to persons or 

agencies that: 

(i) broadly prescribes a future course of action, 

guidelines, principles, or procedures; or 

(ii) prescribes the internal management of an 

agency. 

(b) A policy is a rule if it conforms to the definition of 

a rule. 

(14) "Publication" means making a rule available to the
 

public by printing the rule or a summary of the rule in the
 

bulletin.
 

(15) "Publication date" means the inscribed date of the
 

bulletin.
 

(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;
 

(ij) has the effect of law;
 

(iii) implements or interprets a state or federal 

legal mandate; and 

(iv) 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) unenforceable policies; 

(iii) internal management policies of the agency 

that do not restrict the legal rights of a class of persons 

or another agency; 

(iv) the governor's executive orders or 

proclamations; ­ (v) opinions issued by the attorney general's 

office; 

(vi) declaratory rulings issued by the agency 

according to the provisions of Section 63-46b-21 

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

(vii) rulings by an agency in adjudicative 

proceedings, except as required by Subsection 63-46a3 (6). 

(17) "Rule analysis" means the format prescribed by the 

division to summarize and analyze rules. 

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

affects the application or results of agency actions. 

(as last amended by 1996 Utah Laws 60) 

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

(1) Each agency shall: 

(a) maintain a complete copy of its current rules; and 

(b) make it available to the public for inspection
 

during its regular business hours.
 

(2) In addition to other rulemaking required by law, each 

agency shall make rules when agency action: 

(a) authorizes, requires, or prohibits an action; 

(b) provides or prohibits a material benefit; 

(c) applies to a class of persons or another agency; and 

(d) is explicitly or implicitly authorized by statute. 

(3) Rulemaking is also required when an agency issues a 

written interpretation of a state or federal legal mandate. 

(4) Rulemaking is not required when: 
--

UTAH CODE Title 63, Chapter 46a (1998) Utah Administrative Rulemaking Act 

(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 rule shall enumerate any penalty authorized by statute 

that may result from its violation. 

(6) Each agency shall enact rules incorporating the 

principles of law not already in its rules that are established by 

final adjudicative decisions within 120 days after the decision is 

announced in its cases. 

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

reference: 

(i) all or any part of another code, rule, or 

regulation that has been adopted by a federal agency, 

an agency or political subdivision of this state, an 

agency of another state, or by a nationally-recognized 

organization or association; 

(ii) state agency implementation plans mandated 

by the federal government for participation in the 

federal program; 

(iii) lists, tables, illustrations, or similar materials 

that are subject to frequent change, fully described in 

the rule, and are available for public inspection; or 

(iv) lists, tables, illustrations, or similar materials 

that the director detennines are too expensive to 

reproduce in the administrative code. 

(b) Rules incorporating materials by reference shall: 

(i) be enacted according to the procedures 

outlined in this chapter; 

(ii) state that the referenced material is 

incorporated by reference; 

(iii) state the date, issue, or version of the material 

being incorporated; and 

(iv) define specifically what material is 

incorporated by reference and identify any agency 

deviations from it. 

(c) The agency shall identify any substantive changes 

in the material incorporated by reference by following the 

rulemaking procedures of this chapter. 

(d) The agency shall maintain a complete and current 

copy of the referenced material available for public 

inspection 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. 

(as last amended by 1998 Utah Laws 332 (S.B. 86), effective July I, 1998) 

63-46a-4. Rulemaking procedure. 

(I) Except as provided in Sections 63-46a-6 and 63-46a-7, 

when making, amending, or repealing a rule agencies shall 

comply with: 

(a) the requirements of this section; 

(b) consistent procedures required by other statutes; 

(c) applicable federal mandates; and 

(d) rules made by the division to implement this 

chapter. 

(2) 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. 

(3) (a) Each agency shall file its proposed rule and rule 

analysis with the division. 

(b) (i) Rule amendments shall be marked with new 

language underlined and deleted language struck out. 

(ii) Alternatively, the repeal of an entire rule may 

be indicated by annotating the rule "repealed in its 

entirety" prominently on every page. 

(c) (i) The division shall publish the information 

required under Subsection (3) 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. 

(4) 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. 

(5) 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; 

Oi) local governments; and 

(iii) other persons; 

(e) the compliance cost for affected persons; 

(f) how interested persons may inspect 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; 

U) 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 

2 
Utah Administrative Rulemaking Act UTAH CODE Title 63, Chapter 46a (1998) 

(1) comments by the department head on the fiscal 

impact the rule may have on businesses. 

(6) (a) For a rule being repealed and reenacted, the rule 

analysis shall contain a summary that generally includes the 

following: 

(i) a summary of substantive provisions in the 

repealed rule which are eliminated from the enacted 

rule; and 

(ii) a summary of new substantive provisions 

appearing only in the enacted rule. 

(b) The summary required under this subsection 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. 

(7) 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. 

(8) Following the publication date, the agency shall allow at 

least 30 days for public comment on the rule. 

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

46a-7, a proposed rule becomes effective on any date 

specified by the agency that is no fewer than 30 nor more 

than 120 days after the publication date. 

(b) The agency shall provide notice of the rule's 

effective date to the division in the form required by the 

division. 

(c) The notice of effective date may not provide for an 

effective date prior to the date it is received by the division. 

(d) The division shall publish notice of the effective 

date of the rule in the next issue of the bulletin. 

(e) A proposed rule lapses if a notice of effective date 

or a change to a proposed rule is not filed with the division 

within 120 days of publication. 

(as last amended by 1998 Utah Laws 219 (S.B. 88), effective May4, 1998) 

63-46a-5. Public hearings. 

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

rule, amendment to a rule, or repeal of a rule during the public 

comment period. 

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

rule, amendment to a rule, or repeal of a rule if: 

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

mandate; 

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

an interested association having not fewer than ten 

members request a public hearing; and 

(ii) the agency receives the request in writing not 

more than 15 days after the publication date 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. 

(as last amended by 1987 Utah Laws 241) 

63-46a-6. Changes in rules. 

(1) (a) To change a proposed rule already published in the 

bulletin, an agency shall file with the division: 

(i) a copy of the changed rule; and 

(ii) a rule analysis containing a description of the 

change and the information required by Section 63­

46a-4. 

(b) A change to a proposed rule may not be filed more 

than 120 days after publication of the rule being changed. 

(c) The division shall publish the rule analysis for the 

changed rule in the bulletin. 

(d) The changed proposed rule and its associated 

proposed rule will become effective on a date specified by 

the agency, not less than 30 days or more than 120 days 

after publication of the last change in proposed rule. 

(e) A changed proposed rule and its associated 

proposed rule lapse if a notice of effective date or another 

change to a proposed rule is not filed with the division 

within 120 days of publication of the last change in 

proposed rule. 

(2) If the rule change is nonsubstantive: 

(a) the agency need not comply with the requirements 

of Subsection (1); and 

(b) the agency shall notify the division of the change in 

writing. 

(3) If the rule is effective, the agency shall amend the rule 

according to the procedures specified in Section 63-46a-4. 

(as last amended by 1996 Utah Laws 60) 

63-46a-7. Exceptions to rulemaking procedure. 

(1) All agencies shall comply with the rulemaking 

procedures of Section 63-46a-4 unless an agency finds that these 

procedures would: 

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

or welfare; 

(b) cause an imminent budget reduction because of 

budget restraints or federal requirements; or 

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

(2) (a) When finding that its rule is excepted from regular 

rulemaking procedures by this section, the agency shall file 

with the division: 

(i) a copy 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 63-46a-4(3). 

(c) The agency shall notify interested persons as 

provided in Subsection 63-46a-4(7). 

(d) The rule becomes effective for a period not 

exceeding 120 days on the date of filing or any later date 

designated in the rule. 

(3) If the agency intends the rule to be effective beyond 120 

days, the agency shall also comply with the procedures of Section 

63-46a-4. 

(as last amended by 1998 Utah Laws 219 (S.B. 88), effective May 4, 1998) 

63-46a-8.
 

(repealed by 1992 Utah Laws 146)
 

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

Limited exemption for certain rules. 

(1) Each agency shall review each of its rules within five 

years of the rule's original effective date or within five years of 

3 
UTAH CODE Title 63, Chapter 46a (1998) Utah Administrative Rulemaking Act 

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, in~luding reasons why the agency disagrees 

with comments in opposition to the rule, if any. 

(b) Ifthe agency repeals the rule, it shall comply with 

Section 63-46a-4. 

(c) If the agency amends and continues the rule, it 

shall comply with the requirements of Section 63-46a-4 and 

file the statement required in Subsection (3)(a). 

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

in the bulletin. 

(b) The division may schedule the publication of 

agency notices and statements, provided that no notice and 

statement shall be published more than one year after the 

review deadline established under Subsection (1). 

(5) The division shall notify an agency of rules due for 

review at least 180 days prior to the anniversary date. 

(6) If an agency finds that it will not meet the deadline 

established in Subsection (l): 

(a) the agency may file an extension prior to the 

anniversary date with the division indicating the reason for 

the extension; and 

(b) the division shall publish notice of the extension 

in the next issue of the bulletin. 

(7) An extension permits the agency to file a notice no more 

than 120 days after the anniversary date. 

(8) If an agency fails to file a notice of review or extension 

on or before the date specified in the notice mandated in 

Subsection (5), the division shall: 

(a) publish a notice in the next issue of the bulletin that 

the rule has expired and is no longer enforceable; 

(b) remove the rule from the code; and 

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

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

requirements of Section 63-46a-4 to reenact the rule. 

(l0) (a) Rules issued under the following provisions related 

to the Department of Workforce Services or Labor 

Commission that are in effect on July 1,1997, are not 

subject to the requirements of this section until July I, 1998: 

(i) Title 34, Labor in General; 

(ii) Title 34A, Utah Labor Code; 

(iii) Title 35A, Utah Workforce Services Code; 

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

(v) Title 57, Chapter 21, Utah Fair Housing Act. 

(b) Any rule described in Subsection (I0)(a) that 

would have expired on or after July I, 1997 but before July 

I, 1998, expires July I, 1998, unless for that rule the 

Department of Workforce Services or Labor Commission 

files: 

(i) the notice of review, described in Subsection 

(3); or 

(ii) an extension described in Subsection (6). 

(as last amended by 1998 Utah Laws 13 (S.B. J25), effective May 4, 1998: and 

1998 Utah Laws 332 (S.B. 86), effective July I, 1998) 

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

Appointment of director. 

(I) 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. 

(as enacted by 1987 Utah Laws 241) 

63-46a-9.6. Utah Administrative Code -- Organization -­

Official compilation. 

(l) 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. 

(as last amended by 1996 Utah Laws 60) 

63-46a-l0. 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 fonns, 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 a 

copy on file; 

(e) compile, format, number, and index all effective 

rules in an administrative code, and periodically publish that 

code and supplements or revisions to it; 

(0 publish a digest, at least monthly, summarizing all 

rules and notices printed in the most recent bulletin; 

4 

~\
Utah Administrative Rulemaking Act UTAH CODE Title 63, Chapter 46a (1998) 

(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 copies of the bulletin and 

administrati ve code to state-designated repositories, the 

Administrative Rules Review Committee. the Office of 

Legislati ve Research and General Counsel, and the two 

hous~s of the Legislature; 

(j) distribute without charge copies of the digest and 

index to state legislators, agencies, political subdivisions on 

request, and the Office of Legislative Research and General 

Counsel; 

(k) distribute, at prices covering all costs, all 

rulemaking publications to all other requesting persons and 

agencies; 

(I) provide agencies assistance in rulemaking; and 

(m) administer this chapter and require state agencies 

to comply with filing, publication, and hearing procedures. 

(2) The division may after notifying the agency make 

nonsubstantive changes to rules filed with the division or 

published in the bulletin or code by: 

(a) implementing a uniform system of formatting. 

punctuation. capitalization, organization, numbering, and 

wording; 

(b) correcting obvious errors and inconsistencies in 

punctuation, capitalization, numbering, referencing, and 

wording; 

(c) changing a catchline to more accurately reflect the 

substance of each section, part, rule, or title; 

(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. 

(as last amended by 1996 Utah laws 60) 

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

Code. 

(I) When the director determines that the Utah 

Administrative Code requires extensive revision and 

-, reorganization, the division may repeal the code and reenact a 

new code ,according to the requirements of this section. 

(2) The division may: 

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

(b) require each agency to review its rules and make
 

any organizational or substantive changes according to the
 

requirements of Section 63-46a-6; and
 

(c) require each agency to prepare a brief summary of 

all substantive changes made by the agency. 

(3) The division may make nonsubstantive changes in the 

code by: 

(a) adopting a uniform system of punctuation,
 

capitalization, numbering, and wording;
 

(b) eliminating duplication; 

(c) correcting defective or inconsistent section and
 

paragraph structure in arrangement of the subject matter of
 

rules;
 

(d) eliminating all obsolete or redundant words; 

(e) correcting obvious errors and inconsistencies in
 

punctuation, capitalization, numbering. referencing, and
 

wording;
 

(0 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 inspected; 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 copies of their reenacted rules available 

for public inspection during regular business hours; 

and 

(ii) comply with the requirements of Subsection 

63-46a-4(7). 

(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 (3)(a). 

(6) The division shall distribute complete copies of the 

proposed code reenactment without charge to: 

(a) state-designated repositories in Utah; 

(b) the Administrative Rules Review Committee; and 

(c) the Office of Legislative Research and General
 

Counsel.
 

(7) The former code is repealed and the reenacted code is 

effective at noon on a date designated by the division that is not 

fewer than 45 days nor more than 90 days after the publication 

date required by this section. - 5 
UTAH CODE Title 63, Chapter 46a (1998) Utah Administrative Rulemaking Act 

(8) Repeal and reenactment of the code meets the 

requirements of Section 63-46a-9 for a review of all agency rules. 

(as last amended by 1998 Utah Laws 219 (5. B. 88), effective May 4, 1998) 

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

(I) (a) There is created an Administrative Rules Review 

Committee of ten permanent members and four ex officio 

members. 

(b) (i) The committee's permanent members shall be 

composed of five members of the Senate, appointed by 

the president of the Senate, and five members of the 

House, appointed by the speaker of the House, with no 

more than three senators and three representatives from 

the same political party. 

(ii) The permanent members shall convene at least 

once each month as a committee to review new agency 

rules, amendments to existing agency rules, and repeals 

of existing agency rules. Meetings may be suspended 

at the discretion of the committee chairs. 

(iii) Members shall serve for two-year terms or 

until their successors are appointed. 

(iv) A vacancy exists whenever a committee 

member ceases to be a member of the Legislature, or 

when a member resigns from the committee. Vacancies 

shall be filled by the appointing authority, and the 

replacement shall serve out the unexpired term. 

(c) When the committee reviews existing rules, the 

committee's permanent members shall invite the Senate and 

House chairmen of the standing committee and the Senate 

and House chairmen of the appropriation subcommittee that 

have jurisdiction over the agency whose existing rules are 

being reviewed to participate as nonvoting, ex officio 

members with the committee. 

(d) Three representatives and three senators from the 

permanent members are a quorum for the transaction of 

business at any meeting. 

(2) Each agency rule as defined in Section 63-46a-2 shall 

be submitted to the committee at the same time public notice is 

given under Section 63-46a-4. 

(3) (a) The committee shall exercise continuous oversight 

of the process of rulemaking. 

(b) The committee shall examine rules submitted by 

each agency to determine: 

(i) whether or not they are authorized by statute; 

(ii) whether or not they comply with legislative 

intent; 

(iii) their impact on the economy and the 

government operations of the state and local political 

subdivisions; and 

(iv) their impact on affected persons. 

(c) To carry out these duties, the committee may 

examine any other issues that it considers necessary. The 

committee may also notify and refer rules to the chairmen of 

the interim committee which has jurisdiction over a 

particular agency when the committee determines that an 

issue involved in an agency's rules may be more 

appropriately addressed by that committee. 

(d) In reviewing the rules, the committee shall follow 

generally accepted principles of statutory construction. 

(4) The committee may request that the Office of the 

Legislative Fiscal Analyst prepare a fiscal note on any rule. 

(5) In order to accomplish its oversight functions, the 

committee has all the powers granted to legislative interim 

committees as set forth in Section 36-12-11. 

(6) (a) The committee may prepare written findings of its 

review of each rule and may include any recommendations, 

including legislative action. 

(b) The committee shall provide to the agency that 

enacted the rule: 

(i) a copy of its findings, if any; and 

(ii) a request that the agency notify the committee 

of any changes it makes in the rule. 

(c) The committee shall provide a copy of its findings 

to any member of the Legislature and to any person affected 

by the rule who requests a copy. 

(d) The committee shall provide a copy of its findings 

to the presiding officers of both the House and the Senate, 

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 

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 a~tion taken by an agency in response to 

committee recommendations; and 

(iii) any recommendations by the committee for 

legislation.
 

(as last amended by 1998 Utah Laws 332 (S.B. 86), effective July I. 1998)
 

63-46a-11.5. 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 

his action, the Administrative Rules Review Committee may 

send a letter to the governor and to the agency explaining 

6 
Utah Administrative Rulemaking Act UTAH CODE Title 63, Chapter 46a (1998) 

specifically why the committee believes any rule should 

not be reauthorized. 

(d) For the purpose of this section, the entire rule, a 

single section, or any complete paragraph of a rule may be 

excepted for reauthorization in the omnibus legislation 

considered by the Legislature. 

(4) The Legislature's reauthorization of a rule by legislation 

does not constitute legislative approval of the rule, nor is it 

admissible in any proceeding as evidence of legislative intent. 

(5) (a) If an agency believes that a rule that has not been 

reauthorized by the Legislature or that will be allowed to 

expire should continue in full force and effect and is a rule 

within their authorized rulemaking power, the agency may 

seek the governor's declaration extending the rule beyond 

the expiration date. 

(b) In seeking the extension, the agency shall submit a 

petition to the governor that affirmatively states: 

(i) that the rule is necessary; and 

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

the rule. 

(c) (i) Ifthe governor finds that the necessity does 

exist, and that the agency has the authority to make the 

rule, he may declare the rule to be extended by 

publishing that declaration in the Administrative Rules 

Bulletin on or before April 15 of that year. 

(ii) The declaration shall set forth the rule to be 

extended, the reasons the extension is necessary, and a 

citation to the source of the agency's authority to make 

the rule. 

(d) If the omnibus bill required by Subsection (3) fails 

to pass both houses of the Legislature or is found to have a 

technical legal defect preventing reauthorization of 

administrative rules intended to be reauthorized by the 

Legislature, the governor may declare all rules to be 

extended by publishing a single declaration in the 

Administrative Rules Bulletin on or before June 15 without 

meeting requirements of Subsections (5)(b) and (c). 

(as last amended by 1998 Utah Laws 332 (S.B. 86), effective July I, 1998) 

63-46a-12. Interested parties. 

(I) An interested person may petition an agency requesting 

the making, amendment, or repeal of a rule. 

(2) The division shall prescribe by rule the form for 

petitions and the procedure for their submission, consideration, 

and disposition. 

(3) A statement shall accompany the proposed rule, or 

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. 

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

agency shall either deny the petition in a writing stating its 

reasons for the denial, or initiate rulemaking proceedings in 

accordance with Section 63-46a-4. 

(as last amended by 1987 Utah Laws 241) 

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

(I) (a) Any person aggrieved by a rule may obtain judicial 

review of the rule by filing a complaint with the county clerk 

in the district court where the person resides or in the district 

court in Salt Lake County. 

(b) Any person aggrieved by an agency's failure to -


comply with Section 63-46a-3 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 (b), a person 

seeking judicial review under this section shall exhaust his 

administrative remedies by complying with the requirements 

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

(b) When seeking judicial review of a rule, the person 

need not exhaust his 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 63-46a-12; or
 

(iii) compliance with Section 63-46a-12 would
 

cause the person irreparable hann.
 

(3) (a) Besides 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) a copy of the rule or proposed rule, if any; 

(v) an allegation that he has either exhausted the - administrative remedies by complying with Section 63­

46a-12 or met the requirements for waiver of 

exhaustion of administrative remedies established by 

Subsection (2)(b); 

(vi) the relief sought; and 

(vii) factual and legal allegations supporting the
 

relief sought.
 

(b) (i) The plaintiff shall serve a summons and a copy 

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; 

7 
UTAH CODE Title 63, Chapter 46a (l998) Utah Administrative Rulemaking Act 

(d) ordering the agency to comply with Section 63­

46a-3; 

(e) issuing a judicial stay or injunction to enjoin the 

agency from illegal action or action that would cause 

irreparable harm to the petitioner; or 

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

(5) ]f the plaintiff meets the requirements of Subsection 

(2)(b) the district court may review and act on a complaint under 

this section whether or not the plaintiff has requested the agency 

review under Section 63-46a-12. 

(as enacted by 1990 Utah Laws 224) 

63-46a-13.
 

(repealed by 1990 Utah Laws 224)
 

63-46a-14. 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 63-46a-1O(2) or (3) 

substantively changed the rule shall be commenced within two 

years of the date the change was made. 

(as last amended by 1998 Utah Laws 332 (S.B. 86), effective July 1, 1998) 

- 63-46a-16. Utah Administrative Code as official compilation 

of rules -- Judicial notice. 

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

commissions, and departments of the state government as 

evidence of the administrative law of the state of Utah and as an 

authorized compilation of the administrative law of Utah. All 

courts shall take judicial notice of the code and its provisions. 

(as last amended by 1992 Utah Laws 261) 

8 
ADMINISTRATIVE SERVICES
 

R15. Administrative Services, Administrative Rules.
 

RI5-1. Administrative Rule Hearings.
 

RI5-1-1. Authority.
 

(1) This rule establishes procedures and standards 

for administrative rule hearings as required by Subsection 63­

46a-1 D( 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. 

RI5-I-2. Definitions. 

(1) Terms used in this rule are defined in Section 

63-46a-2. 

(2) In addition: 

(a) "hearing" means an administrative rule hearing; 

and 

(b) "officer" means an administrative rule hearing 

officer. 

RI5-I-3. Purpose. 

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

(a) procedures for agency hearings on proposed 

administrative rules or rules changes, or on the need for a rule 

or change; 

(b) opportunity for public comment on rules; and 

(c) opportunity for agency response to public 

concerns about rules. 

RI5-I-4. When Agencies Hold Hearings. 

(l) Agencies shall hold hearings as required by 

Subsection 63-46a-5(2). 

(2) Agencies may hold hearings: 

(a) during the public comment period on a proposed 

rule, after its publication in the bulletin and prior to its 

effective date; 

(b) before initiating rulemaking procedures under 

Title 63, Chapter 46a, 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 63-46a-12. 

(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 

described in Subsection 63·46a-4(6), no second hearing is 

required for the purpose of comment on the same rule or 

change considered at the first hearing. 

RI5-I-5. Hearing Procedures. 

(1) Notice. 

(a) An agency shall provide notice of a hearing by: 

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

subject in the bulletin; 

(ii) mailing copies of the notice directly to persons 

who have petitioned for a hearing or rule changes under 

Section 63-46a-5 or 63-46a-12, respecti vely; and 

(iii) posting for at least 24 hours in a place in the 

agency's offices which is frequented by the public. 

(b) If a rules hearing becomes mandatory after the 

agency has published the proposed rule in the bulletin, the 

agency shall notify in writing persons requesting the hearing 

of the time and place. 

(c) An agency may provide additional notice of a 

hearing, and shall give further notice as may otherwise be 

required by law. 

(2) Hearing Officer. 

(a) The agency head shall appoint as hearing officer 

a person qualified to conduct fairly the hearing. 

(b) No restrictions apply to this appointment except 

the officer shall know rulemaking procedure. 

(c) However, if a state board, council, or 

commission is responsible for agency rulemaking, and holds 

a hearing, a member or the body's designee may be the hearing 

officer. 

(3) Time. The officer shall open the hearing at the 

announced time and place and permit comment for a minimum 

of one hour. The hearing may be extended or continued to 

another day as necessary in the judgment of the officer. 

(4) Comment. 

(a) At the opening of the hearing, the officer shall 

explain the subject and purpose of the hearing and invite 

orderly, germane comment from all persons in attendance. 

The officer may set time limits for speakers and shall ensure 

equitable use of time. 

(b) The agency shall have a representative at the 

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

issue and who can respond to requests for information by 

those in attendance. 

(c) The officer shall invite written comment to be 

submitted at the hearing or after the hearing, within a 

reasonable time. Written comment shall be attached to the 

hearing minutes. 

(d) The officer shall conduct the hearing as an open, 

informal, orderly, and informative meeting. Oaths, crossexamination, and rules of evidence are not required. 

(5) The Hearing Record. 

the procedures of this rule during the public comment period (a) The officer shall cause to be recorded the name, 

- August 17, 1998 UTAH ADMINISTRATIVE CODE 1
-- ADMINISTRATIVE SERVICES 

address, and relevant affiliation of all persons speaking at the 

hearing, and cause an electronic or mechanical verbatim 

recording of the hearing to be made, or make a brief summary, 

of their remarks. 

(b) The hearing record consists of a copy of the 

proposed rule or rule change, submitted written comment, the 

hearing recording or summary, the list of persons speaking at 

the hearing, and other peninent documents as determined by 

the agency. 

(c) The hearing officer shall, as soon as practicable, 

assemble the hearing record and transmit it to the agency for 

consideration. 

(d) The hearing record shall be kept with and as pan 

of the rule's administrative record in a file available at the 

agency offices for public inspection. 

RI5-1-8. Decision on an Issue Regarding Rulemaking 

Procedure. 

(I) 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. 

RI5-1-9. Appeal and Judicial Review. 

(l) Persons may appeal the decision of the agency 

head or the division by petitioning the district coun for 

judicial review as provided by law. 

KEY: administrative law, government hearings
 

June 1, 1996 63-46a-1O
 

Notice of Continuation November 1, 1995
 

R15. Administrative Services, Administrative Rules.
 

RI5-2. Public Petitioning for Rulemaking.
 

RI5-2-1. Authority.
 

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

prescribes the form and procedures for submission, 

consideration, and disposition of petitions requesting the 

making, amendment, or repeal of an administrative rule. 

RI5-2-2. Definitions. 

(1) Terms used in this rule are defined in Section 

63-46a-2. 

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

(a) making a new rule; 

(b) amending, repealing, or repealing and reenacting 

an existing rule; 

(c) amending a proposed rule funher by filing a 

change in proposed rule under the provisions of Section 63­

46a-6; 

-


(d) allowing a proposed (new, amended, repealed, 

or repealed and reenacted) rule or change in proposed rule to 

lapse; or 

(e) any combination of the above. 

RI5-2-3. Petition Procedure. 

(I) The petition shall be addressed and delivered to 

the head of the agency authorized by law to make the rule 

change requested. 

(2) The agency receiving the petition shall stamp 

the petition with the date of receipt. 

RI5-2-4. Petition Form. 

The petition shall: 

(a) be clearly designated "petition for a rule 

change"; 

(b) state the approximate wording of the requested 

rule change; 

(c) describe the reason for the rule change; 

(d) include an address and telephone where the 

petitioner can be reached during regular work days; and 

(e) be signed by the petitioner. 

RI5-2-5. 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 30 

days of receipt of the petition. 

(2) The petitioned agency may interview the 

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

action the agency, in its judgement, deems necessary to 

provide the petition due consideration. 

(3) The agency shall retain the petition and a copy 

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

(4) The agency shall mail copies of its decision to 

all persons who petitioned for a rule change. 

KEY: administrative law 

June 1,1996 63-46a-12 

Notice of Continuation November 1, 1995 

R15. Administrative Services, Administrative Rules. 

RI5-3. Definitional Clarification of Administrative Rule. 

RI5-3-1. Authority, Purpose, and Definitions. 

(I) This rule is authorized under Subsection 63-46a10(1) which requires the division to administer the Utah 

Administrative Rulemaking Act, Title 63, Chapter 46a. 

August 17, 1998 UTAH ADMINISTRATIVE CODE 2 
ADMINISTRATIVE SERVICES
 

(2) This rule clarifies when rulemaki ng is required, 

and requirements for incorporation by reference within rules. 

(3) Tenns used in this rule are defined in Section 

63-46a-2. 

R1S-3-2. Agency Discretion. 

(I) A rule may restrict agency discretion to prevent 

agency personnel from exceeding their scope of employment, 

or committing arbitrary action or application of standards, or 

to provide due process for persons affected by agency actions. 

(2) A rule may authorize agency discretion that sets 

limits, standards, and scope of employment within which a 

range of actions may be applied by agency personnel. A rule 

may also establish criteria for granting exceptions to the 

standards or procedures of the rule when, in the judgment of 

authorized personnel, documented circumstances warrant. 

(3) An agency may have written policies which 

broadly prescribe goals and guidelines. Policies are not rules 

unless they meet the criteria for rules set forth under Section 

63-46a-3(2). 

(4) Within the limits prescribed by Sections 63-46a3 and 63-46a-12.1, an agency has full discretion regarding the 

substantive content of its rules. The division has authority 

over nonsubstantive content under Subsections 63-46a-1O(2) 

and (3), and 63-46a-l 0.5(2) and (3), rulemaking procedures, 

and the physical fonnat of rules for compilation in the Utah 

Administrati ve Code. 

R1S-3-3. Use of Incorporation by Reference in Rules. 

(l) An agency incorporating materials by reference 

as pennitted under Subsection 63-46a-3(7) shall comply with 

the following standards: 

(a) The rule shall state specifically that the cited 

material is "incorporated by reference." 

(b) If the material contains options, or is modified 

in its application, the options selected and modifications made 

shall be stated in the rule. 

(c) If the incorporated material is substantively 

changed at a later time, and the agency intends to enforce the 

revised material, the agency shall amend its rule through 

rulemaking procedures to incorporate by reference any 

applicable changes as soon as practicable. 

(d) In accordance with Subsection 63-46a-3(7)(c), 

an agency shall describe substantive changes that appear in the 

materials incorporated by reference as part of the "summary of 

rule or change" in the rule analysis. 

(2) An agency shall comply with copyright 

requirements when it provides the division a copy of material 

incorporated by reference. 

R1S-3-4. Computer-Prohibited Material. 

(I) All rules shall be in a fonnat 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, fonns, or similar material. 

(3) The division shall issue and provide to agencies 

instructions and standards for formatting rules. 

KEY: administrative law 

June 1, 1996. 63-46a-l0 

Notice of Continuation October 11, 1997 63-46a-3 

R1S. Administrative Services, Administrative Rules. 

R1S-4. Administrative Rulemaking Procedures. 

R1S-4-1. Authority and Purpose. 

(I) This rule establishes procedures for filing and 

publication of agency rules under Sections 63-46a-4, 63-46a6, and 63-46a-7, as authorized under Subsection 63-46a-1 O( I). 

(2) The procedures of this rule constitute minimum 

requirements for rule filing and publication. Other governing 

statutes, federal laws, or federal regulations may require 

additional rule filing and publication procedures. 

RlS-4~2. Definitions. 

(l) Tenns used in this rule are defined in Section 

63-46a-2. 

(2) Other tenns are defined as follows: 

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

years from the original effective date of the rule, or the date 

that is five years from the date the agency filed with the 

division the most recent five-year review required under 

Subsection 63-46a-9(3), whichever is sooner. 

(b) "Digest" means the Utah State Digest that 

summarizes the content of the bulletin as required by 

Subsection 63-46a-l O( 1)(0; 

(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 63-46a-4(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; 

(0 "Savings" means: 

(i) an aggregated monetary amount that will no 

longer be incurred by persons as a class if a rule or change is 

made effective; 

(ii) an aggregated monetary amount that will be 

refunded or rebated if a rule or change is made effective; 

(iii) an aggregated monetary amount of anticipated 

revenues to be generated for state budgets, local governments, 

3 

-, August 17, 1998 UTAH ADMINISTRATIVE CODE 
- ADMINISTRATIVE SERVICES

or both if a rule or change is made effective; or 

(iv) any combination of these aggregated monetary 

amounts. 

(g) "Unmarked change" means a change made to 

rule text that was not marked as required by Subsection 63­

46a-4(2)(b). 

R15-4-3. Publication Dates and Deadlines. 

(I) For the purposes of Subsections 63-46a-4(2) and 

63-46a-6(1), an agency shall file its rule and rule analysis by 

II :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 I I: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 1I:59:59 p.m. on the next regular business day. 

(2) For all purposes, the official date of publication 

for the bulletin and digest shall be the first and fifteenth days 

of each month. 

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

(I) For the purposes of Subsections 63-46a-4(6) and 

63-46a-4(7), and in confonnity with Utah Rules of Civil 

Procedures, Rule 6 (a), "30 days" shall be computed by: 

(a) counting the day after publication of the rule as 

the first day; and 

(b) counting the thirtieth consecutive day after the 

day of publication as the thirtieth day, unless 

(c) the thirtieth consecutive day is a Saturday, 

Sunday, or holiday, in which event the comment period runs 

until 5 p.m. the next regular business day. 

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

the comment period expires. 

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

(I) (a) 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 fonn published, 

shall be the final fonn of the rule, and after infonning the 

division of any nonsubstantive changes in the rule as provided 

for in Section RI5-4-6. 

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

with the division a form designated for that purpose indicating 

the effective date. 

(b) If the fonn designated 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 flJle was filed with the division or 

published in the bulletin, and stating its effective date. 

(3) The date designated shall be after the comment 

period specified on the rule analysis. 

(4) The division shall publish the effective date in 

the next issue of the bulletin and digest. There is no 

publication deadline for a notice of effective date, nor 

requirement that it be published prior to the effective date. 

R15-4-6. Nonsubstantive Changes in Rules. 

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

46a-6(2), for the purpose of making rule changes that are 

grammatical or do not materially affect the application or 

outcome of agency procedures and standards, agencies shall 

comply with the procedures of this section. 

(2) The agency proposing a change shall detennine 

if the change is substantive or nonsubstantive according to the 

criteria cited in Subsection R I5-4-6( I). 

(a) The agency may seek the advice of the Attorney 

General or the division, but the agency is responsible for 

compliance with the cited criteria. 

(3) Without complying with regular rulemaking 

procedures, an agency may make nonsubstantive changes in: 

(a) proposed rules already published in the bulletin 

and digest but not made effective, or 

(b) rules already effective. 

(4) To make a nonsubstantive change in a rule, the 

agency shall: 

(a) notify the division by filing with the division the 

fonn designated for nonsubstantive changes; 

(b) include with the notice the rule text to be 

changed, with changes marked as required by Section R15-4­

9; and 

(c) include with the notice the name of the agency 

head or designee authorizing the change. 

(5) A nonsubstantive change becomes effective on 

the date the division makes the change in the Utah 

Administrative Code. 

(6) The division shall record the nonsubstantive 

change and its effective date in the administrative rules 

register. 

R15-4-7. Substantive Changes in Proposed Rules. 

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

comply with the procedures of this section when making a 

substantive change in a proposed rule. 

(a) The procedures of this section apply if: 

(i) the agency detennines a change in the rule is 

necessary; 

(ii) the change is substantive under the criteria of 

August 17, 1998 UTAH ADMINISTRATIVE CODE 4 
ADMINISTRATIVE SERVICES
 

Subsection 63-46a-2( 18); 

(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 ofSubsection 63-46a-6( I)(d) and Section R15-4-5. 

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

comply with regular rulemaking procedures. 

(2) To make a substantive change in a proposed 

rule, the agency shall file with the division: 

(a) a rule analysis, marked to indicate the agency 

intends to change a rule already published, and describing the 

change and reasons for it; and 

(b) a copy of the proposed rule previously published 

in the bulletin marked to show only those changes made since 

the proposed rule was previously published as described in 

Section RI5-4-9. 

(3) The division shall publish the rule analysis in 

the next issue of the bulletin, subject to the publication 

deadlines of Section R15-4-3. The division may also publish 

the changed text of the rule. 

(4) The agency may make a change in proposed rule 

effective by following the requirements of Section R15-4-5, or 

may further amend the rule by following the procedures of 

Sections R15-4-6 or R15-4-7. 

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

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

detennine if the need for the rule complies with the criteria of 

Subsection 63-46a-7(1). 

(a) The division interprets the criteria of Subsection 

63-46a-7(1) to include under "welfare" any substantial 

material loss to the classes of persons or agencies the agency 

is mandated to regulate, serve, or protect. 

(3) The agency shall use the same procedures for 

filing and publishing a temporary rule as for a permanent rule, 

except: 

(a) the rule shall become effective and enforceable 

on the day and hour it is recorded by the division unless the 

agency designates a later effective date on the rule analysis; 

~b) no comment period is necessary; 

(c) no public hearing is necessary; and 

(d) the rule shall expire 120 days after the ruleis 

effective date unless the filing agency notifies the division, on 

the form or by memorandum, of an earlier expiration date. 

(4) A temporary rule is separate and distinct from a 

rule filed under regular rulemaking procedures, though the 

language of the two rules may be identical. To make a 

temporary rule permanent, the agency shall propose a separate 

rule for regular rulemaking. 

(5) When a temporary rule and a similar regular rule 

are in effect at the same time, any conflict between the 

provisions of the two are resolved in favor of the rule with the 

most recent effective date, unless the agency designates 

otherwise as part of the rule analysis. 

(6) A temporary rule has the full force and effect of 

a permanent rule while in effect, but a temporary rule is not 

codified in the Utah Administrative Code. 

R15-4-9. Underscoring and Striking Out. 

(1) (a) Pursuant to Subsection 63-46a-4(2)(b), an 

agency shall underscore language to be added and strike out 

language to be deleted in proposed rules. 

(b) Consistent with Subsection 63-46a-4(2)(b), an 

agency shall underscore language to be added and strike out 

language to be deleted in changes in proposed rules, 120-day 

rules, and nonsubstantive changes. 

(c) Consistent with legislative bill drafting 

technique, the struck out language shall be surrounded by 

brackets. 

(2) When an agency proposes to make a new rule or 

section, the entire proposed text shall be underscored. 

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

complete rule it shall include as part of the information 

provided in the rule analysis a brief summary of the deleted 

language and a brief explanation of why the rule is being 

repealed. 

(b) The agency shall include with the rule analysis 

a copy of the text to be deleted in one of the following 

formats: 

(i) each page annotated "repealed in its entirety" or 

(ij) the entire text struck out in its entirety and 

surrounded by one set of brackets. 

(c) The division shall not publish repealed rules 

unless space is available within the page limits of the bulletin. 

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

described in this section, the director or his designee may 

refuse to codify the change. When detennining 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 63-46a-16 and that the agency must comply with 

regular rulemaking procedures to make the change. 

R15-4-10. Estimates of Antjcipated Cost or Savings, and 

Compliance Cost. 

(1) Pursuant to Subsections 63-46a-4(3), 63-46a6(1), 63-46a-7(2), and 53C-I-201(3), when an agency files a 

proposed rule, change in proposed rule, 120-day (emergency) 

rule, or expedited rule and provides anticipated cost or 

August 17, 1998 UTAH ADMINISTRATIVE CODE 

1>0 

5 
ADMINISTRATIVE SERVICES
 

savings, and compliance cost information in the rule analysis, 

the agency shall: 

(a) estimate the incremental cost or savings and 

incremental compliance cost associated with the changes 

proposed by the rule or change; 

(b) estimate the incremental cost or savings and 

incremental compliance cost in dollars, except as otherwise 

provided in Subsections RI5-4-1O(4) and (5); 

(c) indicate that the amount is either a cost or a 

savings; and 

(d) estimate the incremental cost or savings 

expected to accrue to "state budgets," "local governments," or 

"other persons" 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). 

,­

(3) If an agency chooses to provide comparison 

figures, it shall clearly distinguish comparison figures from the 

anticipated cost or savings, and compliance cost figures. 

(4) If dollar estimates are unknown or not available, 

or the obtaining thereof would impose a substantial 

unbudgeted hardship on the agency, the agency may substitute 

a reasoned narrative description of cost-related actions 

required by the rule or change, and explain the reason or 

reasons for the substitution. 

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

associated with the rule or change, an agency may enter 

"none," "no impact," or similar words in the rule analysis 

followed by a written explanation of how the agency estimated 

that there would be no impact, or how the proposed rule, or 

changes made to an existing rule does not apply to "state 

budgets," "local government," "other persons," or any 

combination of these. 

(6) If an agency does not provide an estimate of 

cost, savings, compliance cost, or a reasoned narrative 

description of cost information; or a written explanation as 

part of the rule analysis in compliance with this section, the 

Division may, after making an attempt to obtain the required 

information, refuse to register and publish the rule or change. 

If the Division refuses to register and publish a rule or change, 

it shall: 

(a) return the rule or change to the agency with a 

notice indicating that the Division has refused to register and 

publish the rule 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 

July I, 1998 63-46a-IO 

Notice of Continuation October 11, 1997 

RIS. Administrative Services, Administrative Rules. 

RIS-S. Administrative Rules Adjudicative Proceedings. 

RIS-S-I. Purpose. 

(I) This rule provides the procedures for informal 

adjudicative proceedings governing: 

(a) appeal and review of a decision by the division 

not to publish an agency's proposed rule or rule change or not 

to register an agency's notice of effective date; and 

(b) a determination by the division whether an 

agency rule meets the procedural requirements of Title 63, 

Chapter 46a, the Utah Administrative Rulemaking Act. 

(2) The infonnal procedures of this rule apply to all 

other division actions for which an adjudicative proceeding 

may be required. 

RIS-S-2. Authority. 

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

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

46a-l 0(1 )(n) and Sections 63-46b-4, 63-46b-5, and 63-46b21. 

RIS-S-3. Definitions. 

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

Section 63-46b-2. 

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

Digest which summarizes the content of the bulletin as 

required under Subsection 63-46a-lO(1 )(0. 

RIS-S-4. Refusal to Publish or Register a Rule or Rule 

Change. 

(l) The division shall not publish a proposed rule or 

rule change when the division determines the agency has not 

met the requirements of Title 63, Chapter 46a, or of Rules 

R15-3 or RI5-4. 

(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 63-46a-4(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. 

RIS-S-S. Appeal of a Refusal to Publish or Register a Rule 

August 17, 1998 UTAH ADMINISTRATIVE CODE 6 
ADMINISTRATIVE SERVICES 

- or Rule Change. 

(I) 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. 

RI5-5-6. Determining the Procedural Validity of a Rule. 

(l) A person may contest the procedural validity, or 

request a determination of whether a rule meets the 

requirements of Title 63, Chapter 46a, 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 63-46a-14. 

(c) The petition may emanate from a rulemaking 

hearing as in Section RI5-1-8. 

(d) The petition shall specify the rule or rule change 

at issue and reasons why the petitioner deems it procedurally 

flawed or invalid. 

(e) The petition shall be accompanied by any 

documents the division should consider in reaching its 

decision. 

(f) 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. 

RI5-5-7. Remedies Resulting from an Adjudicative 

Proceeding. 

(1) A rule the division determines is proceduraJly 

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 re-filing or otherwise remedying the 

procedural omission or error in the rule. 

(3) A rule the division determines is proceduraJly 

valid shall be published and registered promptly. 

KEY: administrative procedure, administrative law 

June 1, 1996 63-46a-l0 

Notice of Continuation 1993 63-46b-4 

63-46b-5 

63-46b-21 

R15. Administrative Services, Administrative Rules. 

RI5-6. Rulemaking Decision and Administrative Record. 

RI5-6·1. Authority and Purpose. 

(l) In response to standards of judicial review of 

administrative rules identified in Section 63-46a-12.1, this rule 

requires agency consideration of public comment before 

rulemaking. 

(2) The requirements of this rule are authorized 

under Section 63-46a-1 0, in conjunction with Subsection 63­

46a-12.1(4)(a)(ii). 

RI5-6-2. Definitions. 

Terms used in this rule are defined in Section 63­

46a-2. 

RI5-6-3. Rulemaking Decision. 

(1) The agency head or his designee shall consider 

the administrative record, including public comment, or a 

summary of the record prepared by agency staff, before 

initiating procedures to make, amend, or make effective the 

rule proposal. 

(2) The agency head or his designee may confer 

with agency staff, including the hearing officer, and with 

interested parties at any time prior to reaching his decision to 

make, amend, or make effective a rule proposal. 

(3) If the agency held a hearing on the proposed 

rule pursuant to a request under Section 63-46a-5, it shall 

notify in writing all persons who petitioned for the hearing of 

the agency's decision regarding the rulemaking proposal. 

KEY: administrative procedure 

1990 63-46a-l0 

Notice of Continuation November 1, 1995 

-.
 

August 17, 1998 UTAH ADMINISTRATIVE CODE 7
Proposed Rule
 

-


p-\
 
NOTICES OF PROPOSED RULES 

DAR File No. 22043 

-

• 

NOTICE OF PROPOSED RULE 

(Amendment) 

DAR FILE No.: 22043 

FILED: 05/1311999, 13:24 

RECEIVED BY: NL 

Environmental Quality, Air Quality 

R307-202-5 

Perrnissible Burning - With Permit 

RULE ANALYSIS 

PURPOSE OF THE RULE OR REASON FOR THE CHANGE: Allow an 

earlier window in which open buming can be authorized by 

the local fire marshal. 

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS 

RULE: Section 19-2-104 

SUMMARY OF THE RULE OR CHANGE: The present rule allows 

the county fire marshal to establish a 3D-day window in which 

citizens may bum waste from yard cleanup. The window may 

be scheduled between March 30 and May 30. In response 

to a request from the Washington County Mayors 

Association, the amendment changes the start date for the 

window to March 1 to better accommodate areas of the state 

which are dry enough to bum earlier in the year. 

ANTICIPATED COST OR SAVINGS TO: 

·:·THE STATE BUDGET: No change--the window is only 30 days 

long, no matter when it opens and closes. 

• 

KEY: advertising, bait d switch, consumer protection 

l¥r:hnl~~,~'fJ119 63-46a-3 

Notice of Continuation September 11, 1997 13-2-5 

13-11 

under what 

07/07/1999 

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE 

BY SUBMITI1NG WR NCOM NTS TO THE ADDRESS ABOVE NO 

LATER THAN 5:00 P.M. N /06/1999. 

AUTHORIZED BY: 17 ancine A., Giani, Director 

\ 

\ 

\ 

R152. Co erce, Consumer Pr~ection.

R152-2. U h Consumer Sales Pra~ces Act. 

R152-2­ . Deposits and Refunds. 

A. t shall be a deceptive act or prae 

cons er transaction for a supplier to ace 

foIl ing conditions are met: 

~',,' (1) The deposit obligates the su 'erto re . for a specified 

period of time from offering for ale to any otH r person the 

consilmer commodities in relal' n to which the depo 't has been 

made b'Y. the consumer if sue consumer commodities unique; 

provided""~at a supplier ay continue to sell or offer 0 sell 

consumer co~odities which a de~~it has ~en made if i\has 

available s lent co umer commoditIes to satIsfy all cons~r

who have made e sits; 

(2) All de ts accepted by a supplier must be eviden 

dated receipts atin the following information: 

(a) De .ption 0 e consumer commodity, (inel 

model ye ,when approp .ate, make, and color); 

(Q The cash selling p 

c) Allowance on the con mer commo' to be traded in. if 

24 UTAH STATE BUUErlN, June 1, 1999, Vol. 99, No. 11 
• • 

DAR File No. 22044 NOTICES OF PROPOSED RULES 

·:·LOCAL GOVERNMENTS: No change--the window is only 30
 

days long, no matter when it opens and closes.
 

·:·OTHER PERSONS: No change--the window is 30 days long,
 

no matter when it opens and closes.
 

COMPLIANCE COSTS FOR AFFECTED PERSONS: No change--the
 

window is 30 days long, no matter when it opens and closes.
 

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT
 

THE RULE MAY HAVE ON BUSINESSES: This rule has no fiscal
 

impact on businesses--Dianne R. Nielson.
 

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURING
 

REGULAR BUSINESS HOURS, AT:
 

Environmental Quality 

Air Quality 

150 North 1950 West 

Box 144820 

Salt Lake City, UT 84114-4820, or 

at the Division of Administrative Rules. 

DIRECT QUESTIONS REGARDING THIS RULE TO:
 

Jan Miller at the above address, by phone at (801) 536-4042,
 

by FAX at (801) 536-4099, or by Internet E-mail at
 

jmiller@deq.state.ut.us.
 

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE
 

BY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NO
 

LATER THAN 5:00 P.M. ON 07/01/1999; OR ATIENDING A PUBLIC
 

HEARING SCHEDULED FOR 06/03/1999, at 3:00 p.m. in
 

Conference Room 2, St. George City Hall, 175 East 200
 

North, St. George, UT; and 06/30/1999 at 1:30 p.m. in Room
 

201, Department of Environmental Quality (DEQ) Bldg., 168
 

North 1950 West, Salt Lake City, UT.
 

THIS RULE MAY BECOME EFFECTIVE ON: 08/05/1999 

AUTHORIZED BY: Rick Sprott, Planning Branch Manager 

R307. Environmental Quality, Air Quality. 

R307-202. Emission Standards: General Burning. 

R307-202-S. Permissible Burning· With Permit. 

(1) Open burning is authorized by the issuance of a permit as 

specified in (3) below when not prohibited by other laws or other 

officials having jurisdiction, and when a nuisance as defined in 

Section 76-10-803 is not created. 

(2) Individual permits for the types of burning listed in (3) 

below may be issued by an authorized local authority under the 

"clearing index" system approved and coordinated by the 

Department of Environmental Quality. 

(3) Types ofbuming for which a permit may be granted are: 

(a) open bwning of tree cuttings and slash in forest areas 

where the cuttings accrue from pulping, lumbering, and similar 

operations, but excluding waste from sawmill operations such as 

sawdust and scrap lumber; 

(b) open burning of trees and brush within railroad rights-ofway provided that dirt is removed from stumps before burning, and 

that tires, oil more dense than #2 fuel oil or other materials which 

can cause severe air pollution are not used to start fIres or keep fires 

burning; 

(c) open burning of solid or liquid fuels or structures for 

removal of hazards or eyesores; 

(d) open burning. in remote areas, of highly explosive or other 

hazardous materials, for which there is no other known practical 

method of disposal; 

(e) open burning of clippings, bushes, plants and prunings 

from trees incident to property clean-up activities provided that the 

following conditions have been met: 

(i) in any area of the state, the local county fire marshal[t] has 

established a 30 day period between March [3eU and May 30 for 

such burning to occur and notified the executive secretary of the 

open burning period prior to the commencement of the 30 day 

period, or, in areas which are located outside of Salt Lake, Davis, 

Weber, and Utah Counties, the local county fire marshal[t] has 

established, if allowed by the state forester under Section 65A-8-9, 

a 30 day period between September 15 and October 30 for such 

burning to occur and has notified the executive secretary of the 

opening burning period prior to the commencement of the 30 day 

period; 

(ii) such burning occurs during the period established by the 

local county frre marshal[t]; 

(iii) materials to be burned are thoroughly dry; . 

(iv) no trash, rubbish, tires, or oil are used to start fires or 

included in the material to be burned. 

(4) The Board may grant a permit for types of open burning 

not specified in (3) above on written application if the Board finds 

that the burning is not inconsistent with the State Implementation 

Plan. 

KEY: air pollutio~open burning*, fire marshal* 

[SeptembCi 15,1998]1999 19-2-104 

11-7-1(2){a) 

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UTAH STATE BUUETIN, June 1, 1999, Vol. 99, No. 11 

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--------------------------------------I


I 

25 
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,­ Hearing 

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SALT LAKE CITY, UTAH 84145 ~.~,.~- . COpy FED.TAX I.D.i 87-0217663 PROOF OF PUBLICATION 

ill Sf DEPT OF ENVR QULTY 

DIV OF AIR QUALITY 

P.O. BOX 144820 

SALT LAKE CITY, ill 84114 

U5364000L-07 06/16/99 

ill ST DEPT OF ENVR ULTY 

801-536-4000 TL82004HVPl 

SfART 05128/99 END 06/16/99 

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roRQAPPlA. pp :~CCT RIC [PROJECT lJiiBl .;IjLL.:-., H-;;L ~~IJ2XK'{~oRfJ~ ~-a9-7t7
UTAH STATE
 

DEPARTMENT OF ENVIRONMENTAL QUALITY
 

DIVISION OF AIR QUALITY
 

PUBLIC HEARING ROSTER
 

SUBJECT A307 -r1-£Jf1 - 6 CQ.npAt J ~AAYl .If I2P ~L-tJ v 

NAME AFFTLIATION 

J<~.~~ QkAL~~:i~--J 

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STATE OF UTAH
 

DEPARTMENT OF ENVIRONMENTAL QUALITY
 

AIR QUALITY BOARD 

PUBLIC HEARING 

Amend R307-202-5
 

Open Burning Provisions
 

Thursday, June 3, 1999
 

3:00PM
 

St George City Hall
 

Conference Room B
 

St. George
 

-
 BEFORE Karl Brooks, HEARING OFFICER 

H-4 
This hearing by the Air Quality Board is called to order. For today's hearing we are -


considering extending the window during which the local fire marshal may establish a 30"<lay 

period for burning yard waste. My name is Karl Brooks and I am a member of the Air Quality 

Board. Also present today is Rob Leishman, environmental scientist for the Division of Air 

Quality. 

The present rule allo\ys the window to be set between March 30 and May 30. At the 

request of the Washington County mayors association, the proposed change would allow the 

window to be set between March 1 and May 30, thus accommodating areas which are dry earlier. 

These proceedings are being recorded, and a summary will be made. If you want a copy 

of the summary, contact Jan Miller at the Division of Air Quality by phone at 536-4042. 

My purpose is to receive comments and suggestions relative to the proposed revisions. 

Electronic copies of the proposals are available at WWW.RULES.STATE.UT.US/ 

DAR.HTM.. Paper copies are available at the Division of Air Quality and at the door. The 

. comment period closes at 5 p.m. on July 1. Comments postmarked on or before July 1, 1999, 

will be considered. Both written and oral comments will be considered equally. -­ This session will continue until all those who wish to make a statement have done so. 

Anyone who desires to make a statement should submit a completed form. To help with the 

hearing record, will all in attendance please sign the roster. 

Following normal protocol, I will first hear from any federally elected officials, state 

elected officials, local elected officials, and then the general public. Are there any federally 

elected officials wishing to testify? State elected officials? Local elected officials? 
UTAH STATE
 

DEPARTMENT OF ENVIRONMENTAL QUALIlY
 

DIVISION OF AIR QUALITY
 

PUBLIC HEARING ROSTER
 

SUBJECT R3 0 '7 - ;;Z 0;;' - -5 J 

D~h<- 'tat-f.-A.,A-t.1 .>'.1':'1 t/ ),(A( d~

NAME AFFILIATION

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STATE OF UTAH
 

DEPARTMENT OF ENVIRONMENTAL QUALITY
 

AIR QUALITY BOARD
 

PUBLIC HEARING
 

Amend R307-202-S
 

Open Burning Provisions
 

-

Wednesday, June 30, 1999
 

1:30PM
 

Room 201 DEQ Building
 

168 N. 1950 West
 

Salt Lake City
 

BEFORE Jan Miller, HEARING OFFICER ­
This hearing by the Air Quality Board is called to order. For today's hearing'we are 

considering extending the window during which the local ,tire marshal may establish a 30-day 

period for burning yard waste. My name is Jan Miller and I am the rules coordinator for the 

Division of Air Quality. Also present today is Marv Maxell, manager of the Air Standards 

Branch. 

The present rule allows the window to be set between March 30 and May 30. At the 

request of the Washington County mayors association, the proposed change would allow the 

window to be set between March 1 and May 30, thus accommodating areas which are dry earlier. 

These proceedings are being recorded, and a summary will be lllade. If you want a copy 

of the summary, contact Jan Miller at the Division of Air Quality by phone at 536-4042. 

My purpose is to receive comments and suggestions relative to the proposed revisions. 

Electronic copies of the proposals are available at WWW.RlTLES.STATE.UT.US/ 

,­

DAR.HTM.. Paper copies are available at the Division of Air Quality and at the door. The
 

comment period closes at 5 p.m. on July 1. Comments postmarked on or before July 1, 1999,
 

will be considered. Both written and oral comments will be considered equally.
 

This session will continue until all those who wish to make a statement have done so. 

Anyone who desires to make a statement should submit a completed form. To help with the 

hearing record, will all in attendance please sign the roster. 

Following normal protocol, I will first hear from any federally elected officials, state 

elected officials, local elected officials, and then the general public. Are there any federally 

elected officials wishing to testify? State elected officials? Local elected officials? 

-

Michael o. Leavitt 

Governor 

nne R. NielsoIk Ph.D. 

Executive uirector 

Ursula K. Trueman 

Director 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

DMSION OF AIR QUALITY 

150 North 1950 West 

P.O. Box 144820 

Salt Lake City, Utah 84114-4820 

(801) 536-4000 Voice 

(801) 5364099 Fax 

(801) 536-4414 T.D.D. 

'"f' ' 

-

MEMORANDUM 

TO: Air Quality Board DAQ-088-99 

THROUGH: Ursula K. trueman, Executive Secretary

FROM: Marv Maxell, Manager, Air Standards Branch 

DATE: July 5, 1999 

SUBJECT: Final Adoption: R307-202-5, Extending Window for Open Burning 

On May 5, 1999, the Air Quality Board proposed an amendment to R307-202-5 to extend the ­

period during which local officials may set a 30-day period for open burning of yard wastes. 

Presently the period is March 30-May 30; the amendment allows the 30-day window to begin on 

March 1. The Board established a public comment period for the proposed changes from June 1 

to July 1, 1999. Public hearings were held on June 3 in St. George and June 29 in Salt Lake City; 

no one attended either hearing, and no written comments have been received. If any written 

comments are received, we will bring them to you at your meeting. 

Recommendation: The DAQ staffrecommends that the Board adopt the rule change as proposed. 

-

Effective Rule
 

-

R307-205
 

DAR 22043
 

Effective July 15, 1999
 

-

Effective July 15, 1999 R307-205 page 2 

R307. Environmental Quality, Air Quality. 

R307-202. Emission Standards: General Burning. 

R307-202-1. Definitions and Exclusions. 

As provided in Section 19-2-114, the provisions 

of R307-202 are not applicable to: 

(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. 

See also Section 11-7-1(2)(a). 

,­ R307-202-2. Community Waste Disposal.
 

No open burning shall be done at sites used for 

disposal of community trash, garbage and other wastes 

except as authorized through a variance or as authorized 

for a specific period of time by the Board on the basis of 

justifiable circumstances reviewed and weighed in terms 

of pollution effects and other relevant considerations at 

an appropriate hearing following written application. 

R307-202-3. General Prohibitions. 

No person shall bum any trash, garbage or other 

wastes, or shall conduct any salvage operation by open 

burning except in conformity with the provisions of 

R307-202-4 and 5. 

R307-202-4. Permissible Burning - Without Permit. 

When not prohibited by other laws or by other 

officials having jurisdiction and provided that a nuisance 

as defined in Section 76-10-803 is not created, the 

following types of open burning are permissible without 

the necessity of securing a permit: 

(1) in devices for the primary purpose of 

preparing food such as outdoor grills and fireplaces; 

(2) campfires and fires used solely for 

recreational purposes where such fires are under control 

of a responsible person; 

(3) in indoor fireplaces and residential solid 

fuel burning devices except as provided in R307-302-2; 

(4) properly operated industrial flares for 

combustion of flammable gases; and 

(5) burning, on the premises, of combustible 

household wastes generated by occupants of dwellings of 

four family units or less in those areas only where no 

public or duly licensed disposal service is available. 

R307-202-5. Permissible Burning - With Permit. 

(1) Open burning is authorized by the issuance 

of a permit as specified in (3) below when not prohibited 

by other laws or other officials having jurisdiction, and 

when a nuisance as defined in Section 76-10-803 is not 

created. 

(2) Individual permits for the types of burning 

listed in (3) below may be issued by an authorized local 

authority under the "clearing index" system approved and 

coordinated by the Department of Environmental 

Quality. 

(3) Types of burning for which a permit may be 

granted are: 

(a) open burning of tree cuttings and slash in 

forest areas where the cuttings accrue from pulping, 

lumbering, and similar operations, but excluding waste 

from sawmill operations such as sawdust and scrap 

lumber; 

(b) open burning of trees and brush within 

railroad rights-of-way provided that dirt is removed from 

stumps before burning, and that tires, oil more dense than 

#2 fuel oil or other materials which can cause severe air 

pollution are not used to start fires or keep fires burning; 

(c) open burning of solid or liquid fuels or 

structures for removal of hazards or eyesores; 

(d) open burning, in remote areas, of highly 

explosive or other hazardous materials, for which there 

is no other known practical method of disposal; 

(e) open burning of clippings, bushes, plants 

and prunings from trees incident to property clean-up 

activities provided that the following conditions have 

been met: 

(i) in any area of the state, the local county fire 

marshal has established a 30 day period between March 

1 and May 30 for such burning to occur and notified the 

executive secretary of the open burning period prior to 

the commencement of the 30 day period, or, in areas 

which are located outside of Salt Lake, Davis, Weber, 

and Utah Counties, the local county fire marshal has 

established, if allowed by the state forester under Section 

65A-8-9, a 30 day period between September 15 and 

October 30 for such burning to occur and has notified the 

executive secretary of the opening burning period prior 

to the commencement of the 30 day period; 

(ii) such burning occurs during the period 

established by the local county fire marshal; 

(iii) materials to be burned are thoroughly dry; 

~-3
 
Effective JUly 15, 1999 R307-205 page 3 -


(iv) no trash, rubbish, tires, or oil are used to 

start fires or included in the material to be burned. 

(4) The Board may grant a permit for types of 

open burning not specified in (3) above on written 

application if the Board finds that the burning is not 

inconsistent with the State Implementation Plan. 

R307-202-6. Special Conditions. 

Open burning for special purposes, or under 

unusual or emergency circumstances, may be approved 

by the executive secretary. 

KEY: air pollution, open burning*, fire marshal* 

July 15, 1999 19-2-104 

11-7-1(2)(a) 

65A·8·9 
143 SOUTH MAIN ST. N~pa.perAgency ;"'C"c CorpO~ion .'

CUSTOMER'S 

SALT LAKE CITY, UTAH 84145 COpy 

P.O. BOX 45838 Ibt jalt ~akt iiibunt t....~ DESERET NEWS 

FED.TAX I.D.t 87-0217663 PROOF OF PUBLICATION 

EIV 

.JUL 29 19JJ 

UT ST DEFf OF ENVR QULTY U5364000L-07 071221

DIY OF AIR QUALITY 

P.O. BOX 144820 

SALT LAKE CITY, UT 84114 

TL82008XBTI 

Air QUaIl 

UT ST DEPf OF ENVR ULTY REcer E[ 

JUl 8 1999 

801-536-4000 A· Quality 

START 07122/99 END 07122199 

DA PNOI899 

NOTICE OF EFFECTIVE DATE Air 

22 LINES 1.00 COLUMN 

1 1.64 

.00 36.08 

AS NEWSPAPER AGENCY CORPORATION LEGAL BOOKKEEPER, I CERTIFY THAT THE ATTACHED 

ADVERTISEMENT OF NOTICE OF EFFECTIVE DATE Air 0 FOR 

UT ST DEPT OF ENYR QULTY WAS PUBLISHED BY THE NEWSPAPER AGENCY 

CORPORATION, AGENT FOR THE SALT LAKE TRIBUNE AND DESERET NEWS, DAILY NEWSPAPERS 

PRINTED IN THE ENGLISH LANGUAGE WITH GENERAL CIRCULATION IN UTAH,AND PUBLISHED 

IN SALT LAKE CITY, SALT LAI<E COUNTY IN THE STATE OF UTAH • 

.­
NOTICES OF RULE EFFECTIVE DATES
 

;'. 

These are the effective dates of PROPOSED RULES or CHANGES IN PROPOSED RULES published in earlier editio. Jf 

the Utah State Bulletin. These effective dates are at least 31 days and not more than 120 days after the date the· 

following rules were published. 

Abbreviations 

AMD =Amendment 

CPR = Change in Proposed Rule 

NEW = New Rule 

R&R = Repeal and Reenact 

REP = Repeal 

Administrative Services 

Finance 

No. 22049 (AMD): R25-5. Payment of Per Diem to 

Boards. 

Published: June 1, 1999 

Effective: July 13, 1999 

Agriculture and Food 

Regulatory Services 

No. 22057 (AMD): R70-630. Water Vending Machine. 

Published: June 1, 1999 

Effective: July 6, 1999 

Environmental Quality 

Air uaY ----~---------

No. 22043 (AMD): R307-202-5. Permissible BurningWith Permit. 

Published: June 1. 1999 

Effective: Jul 15 

1\10. 22044 (AMD): R307-210-1. Standards of 

Performance for New Stationary Sources (NSPS). 

Published: June 1. 1999 

Effective: July 15, 1999 

No. 21949 (AMD): R307-328. Davis and Salt Lake 

Counties and Ozone Nonattainment Areas: Gasoline 

Transfer and Storage. 

Published: May 1, 1999 

Effective: July 15, 1999 

No. 21950 (AMD): R307-342. Davis and Salt Lake 

Counties and Ozone Nonattainment Areas: 

Qualification of Contractors, Test Procedures for 

Testing of Vapor Recovery Systems for Gasoline 

Delivery Tanks. 

Published: May 1, 1999 

Effective: July 15, 1999 

No. 22045 (AMD): R307-415. Permits: Operating.
 

Permit Requirements.
 

Published: June 1, 1999
 

Effective: July 15, 1999
 

Solid and Hazardous Waste
 

No. 22046 (AMD): R315-4-2. The Manifest.
 

Published: June 1, 1999
 

Effective: July 15. 1999
 

Health 

Health Systems Improvement, Health Facility Licensure 

No. 21981 (AMD): R432-3. General Health Care 

Facility Rules Inspection and Enforcement. 

Published: May 15, 1999 

Effective: July 6, 1999 

No. 21918 (AMD): R432-152. Mental Retardation
 

Facility.
 

Published: April 1, 1999
 

Effective: July 6. 1999 _.
 

Human Services 

Mental Health 

No. 22048 (AMD): R523-1-19. Prohibited Items and 

Devices on the Grounds of Public Mental Health 

Facilities. 

Published: June 1, 1999 

Effective: July 2, 1999 

Labor Commission 

Antidiscrimination and Labor. Labor 

No. 22040 (NEW): R610-4. Employment Agency 

Licensing. 

Published: June 1, 1999 

Effective: July 2, 1999 

Occupational Safety and Health 

No. 22038 (AMD): R614-1-4. Incorporation of Federa 

Standards. 

Published: June 1, 1999 

Effective: July 2, 1999 

No. 22039 (AMD): R614-1-7. Inspections, Citations 

and Proposed Penalties. 

Published: June 1, 1999 

Effective: July 2, 1999 

- 60 UTAH STATE BUUETIN, August 1, 1999, Vol. 99, No.1.
Certification
 
I, Janice L. Miller, Rules Coordinator for the Utah Division of Air Quality, do hereby certify that 

the public hearing held to receive comments regarding amendment of R307-202-5 to extend the 

open burning window (DAR # 22043) was held in accordance with the information provided in 

each published public notice and as defined in Utah Code 19-2-109. The change was adopted by 

the Air Quality Board on July 14, 1999 ...­

Signed this day of August, 1999.