reglab/statecodes huggingface dataset:
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 1 - General Provisions › Part 5 - Engine Coolant Bittering Agent Act › Section 505 - Liability limitation.

19-1-505.
Liability limitation.
(1)
(a) Subject to the other provisions of this section, a person may not be held liable as described in Subsection (1)(b) if:
(i) the person is a manufacturer, processor, distributor, recycler, or seller of an engine coolant; and
(ii) the engine coolant at issue contains denatonium benzoate in a concentration described in Section 19-1-503.
(b) A person described in Subsection (1)(a) may not be held liable to any person for any of the following that results from the inclusion of denatonium benzoate in an engine coolant in the concentrations described in Section 19-1-503:
(i) personal injury;
(ii) death;
(iii) property damage;
(iv) damage to the environment, including natural resources; or
(v) economic loss.
(2) Subsection (1) does not apply to a liability to the extent that:
(a) the cause of the liability is unrelated to the inclusion of denatonium benzoate in an engine coolant; or
(b) the injury described in Subsection (1)(b) is the result of willful or wanton misconduct or gross negligence by a manufacturer, processor, distributor, recycler, or seller of engine coolant.
(3) Nothing in this section shall be construed to exempt any manufacturer or distributor of denatonium benzoate from any liability related to denatonium benzoate.
Enacted by Chapter 170, 2010 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 1 - General Provisions › Part 5 - Engine Coolant Bittering Agent Act › Section 506 - Preemption.

19-1-506.
Preemption.
With respect to a retail container containing less than 55 gallons of engine coolant, a political subdivision of this state may not establish or enforce a prohibition, limitation, standard, or other requirement relating to the inclusion of a bittering agent in an engine coolant that differs from, or is in addition to, a requirement under this part.
Enacted by Chapter 170, 2010 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 1 - General Provisions › Part 5 - Engine Coolant Bittering Agent Act › Section 507 - Civil action.

Effective 5/8/2018
19-1-507.
Civil action.
(1) The attorney general or a person may bring a civil action in a court of competent jurisdiction to seek:
(a) an injunction to enforce this part; and
(b) if the action is brought by the attorney general, a civil penalty not to exceed $500 for each day this part is violated.
(2) In an action brought under this section, a court may:
(a) order injunctive relief;
(b) impose a civil penalty to the extent provided in Subsection (1);
(c) award attorney fees and costs to the attorney general or person who brings the civil action, if the attorney general or person prevails; or
(d) take a combination of actions under this Subsection (2).
(3) A civil penalty imposed under this section shall be deposited into the General Fund.
Amended by Chapter 281, 2018 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 1 - General Provisions › Part 5 - Engine Coolant Bittering Agent Act › Section 508 - Exemptions.

19-1-508.
Exemptions.
This part does not apply to:
(1) the sale of a motor vehicle or a part of a motor vehicle that contains engine coolant; or
(2) a wholesale container of engine coolant that contains 55 gallons or more of engine coolant if it contains a conspicuous label indicating whether or not it contains a bittering agent.
Enacted by Chapter 170, 2010 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 1 - General Provisions › Part 6 - Environmental Mitigation and Response Act › Section 602 - Definitions.

Effective 5/8/2018
19-1-602.
Definitions.
As used in this part:
(1) "Environmental mitigation" means an action or activity intended to remedy, reduce, or offset known negative impacts to the environment.
(2) "Environmental response action" means action taken to prevent, eliminate, minimize, investigate, monitor, clean up, or remove contaminants in the environment.
(3) "Financial assurance" means a mechanism or instrument intended to provide funds if necessary to the department to conduct closure, monitoring, or cleanup of a specific facility or site in accordance with the applicable environmental requirements provided in this title.
(4) "Funding source" means an individual or entity that provides a monetary contribution to the Environmental Mitigation and Response Fund.
(5) "Natural resource damage" means damages to land, fish, wildlife, biota, air, water, ground water, drinking water supplies, and other resources that are held in trust for the public or otherwise controlled by the United States, the state, or local government.
(6) "Unused funds" means the remaining funds from a specific funding source following the complete implementation of the environmental mitigation or response actions pursuant to the terms and conditions of the contribution.
Amended by Chapter 281, 2018 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 1 - General Provisions › Part 6 - Environmental Mitigation and Response Act › Section 603 - Environmental Mitigation and Response Fund.

Effective 5/9/2017
19-1-603.
Environmental Mitigation and Response Fund.
(1) There is created an expendable special revenue fund known as the Environmental Mitigation and Response Fund.
(2) The fund consists of:
(a) public and private funding sources made under Subsections (3) and (4);
(b) legally binding bankruptcy, financial assurance, or natural resource damage claim settlements; and
(c) interest earnings on cash balances.
(3) The department may accept contributions for deposit into the fund from public and private sources, including from a source as a condition of a consent decree, settlement agreement, stipulated agreement, or court order.
(4) If funds are deposited as part of a consent decree, settlement agreement, stipulated agreement, or court order, the source of the funding may specify terms and conditions in which the funds may be used, in accordance with the consent decree, settlement agreement, stipulated agreement, or court order.
(5) Unless mandated by court order, the department may refuse funds if the department determines it is incapable of meeting the terms and conditions of the agreement to obtain the funds, including covering the costs to administer the fund and oversee the implementation of the specific mitigation or response action.
(6) The fund may account for assets held by the state for:
(a) an individual;
(b) a private or public entity;
(c) another governmental unit, including a local or federal agency;
(d) a state agency; or
(e) a Native American tribe.
Enacted by Chapter 246, 2017 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 1 - General Provisions › Part 6 - Environmental Mitigation and Response Act › Section 604 - Environmental mitigation.

Effective 5/9/2017
19-1-604.
Environmental mitigation.
(1) The director shall administer the fund created in Section 19-1-603.
(2) The director may:
(a) disburse funds to an authorized individual or public, private, or governmental entity, or Native American tribe to implement a specified environmental mitigation action in accordance with any terms and conditions associated with the funding source, as provided in Subsection 19-1-603(4);
(b) expend funds to implement certain environmental mitigation actions in accordance with any terms and conditions associated with the funding source, as provided in Subsection 19-1-603(4);
(c) expend funds to implement an environmental response action or site closure, in accordance with any terms and conditions associated with the funding source, as provided in Subsection 19-1-603(4);
(d) expend funds to cover actual administrative expenditures in accordance with any terms and conditions associated with the funds as provided in Subsection 19-1-603(4); and
(e) return unused funds to the funding source, if required under the terms and conditions as provided in Subsection 19-1-603(4).
(3) For an environmental response action conducted pursuant to Subsection 19-1-604(2)(c), the director shall comply with applicable environmental cleanup standards described in this title.
(4) If the director disburses funds to another state agency in accordance with Subsection (2)(a), that agency may expend the funds in accordance with any terms and conditions associated with the fund contributions as provided in Subsection 19-1-603(4), including returning any unused funds to the department.
(5) Following the completion of an environmental mitigation and response action, any excess funds not returned to the funding source as provided in Subsection 19-1-603(4) shall be transferred to the Hazardous Substances Mitigation Fund, in accordance with Section 19-6-307.
Enacted by Chapter 246, 2017 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2 - Air Conservation Act › Part 1 - General Provisions › Section 101 - Short title -- Policy of state and purpose of chapter -- Support of local and regional programs -- Provision of coordinated statewide program.

Affected by 63I-1-219 on 7/1/2029
19-2-101.
Short title -- Policy of state and purpose of chapter -- Support of local and regional programs -- Provision of coordinated statewide program.
(1) This chapter is known as the "Air Conservation Act."
(2) It is the policy of this state and the purpose of this chapter to achieve and maintain levels of air quality which will protect human health and safety, and to the greatest degree practicable, prevent injury to plant and animal life and property, foster the comfort and convenience of the people, promote the economic and social development of this state, and facilitate the enjoyment of the natural attractions of this state.
(3) Local and regional air pollution control programs shall be supported to the extent practicable as essential instruments to secure and maintain appropriate levels of air quality.
(4) The purpose of this chapter is to:
(a) provide for a coordinated statewide program of air pollution prevention, abatement, and control;
(b) provide for an appropriate distribution of responsibilities among the state and local units of government;
(c) facilitate cooperation across jurisdictional lines in dealing with problems of air pollution not confined within single jurisdictions; and
(d) provide a framework within which air quality may be protected and consideration given to the public interest at all levels of planning and development within the state.
Renumbered and Amended by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2 - Air Conservation Act › Part 1 - General Provisions › Section 102 - Definitions.

Affected by 63I-1-219 on 7/1/2029
Effective 5/12/2015
19-2-102.
Definitions.
As used in this chapter:
(1) "Air pollutant" means a substance that qualifies as an air pollutant as defined in 42 U.S.C. Sec. 7602.
(2) "Air pollutant source" means private and public sources of emissions of air pollutants.
(3) "Air pollution" means the presence of an air pollutant in the ambient air in the quantities, for a duration, and under the conditions and circumstances that are 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 that portion of the atmosphere, external to buildings, to which the general public has access.
(5) "Asbestos" means the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, anthophyllite, actinolite-tremolite, and libby amphibole.
(6) "Asbestos-containing material" means a material containing more than 1% asbestos, as determined using the method adopted in 40 C.F.R. Part 61, Subpart M, National Emission Standard for Asbestos.
(7) "Asbestos inspection" means an activity undertaken to determine the presence or location, or to assess the condition of, asbestos-containing material or suspected asbestos-containing material, whether by visual or physical examination, or by taking samples of the material.
(8) "Board" means the Air Quality Board.
(9) "Clean school bus" means the same as that term is defined in 42 U.S.C. Sec. 16091.
(10) "Director" means the director of the Division of Air Quality.
(11) "Division" means the Division of Air Quality created in Section 19-1-105.
(12) "Friable asbestos-containing material" means a material containing more than 1% asbestos, as determined using the method adopted in 40 C.F.R. Part 61, Subpart M, National Emission Standard for Asbestos, that hand pressure can crumble, pulverize, or reduce to powder when dry.
(13) "Indirect source" means a facility, building, structure, or installation which attracts or may attract mobile source activity that results in emissions of a pollutant for which there is a national standard.
Amended by Chapter 154, 2015 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2 - Air Conservation Act › Part 1 - General Provisions › Section 105 - Duties of board.

Affected by 63I-1-219 on 7/1/2029
19-2-105.
Duties of board.
The board, in conjunction with the governing body of each county identified in Section 41-6a-1643 and other interested parties, shall order the director to perform an evaluation of the inspection and maintenance program developed under Section 41-6a-1643 including issues relating to:
(1) the implementation of a standardized inspection and maintenance program;
(2) out-of-state registration of vehicles used in Utah;
(3) out-of-county registration of vehicles used within the areas required to have an inspection and maintenance program;
(4) use of the farm truck exemption;
(5) mechanic training programs;
(6) emissions standards; and
(7) emissions waivers.
Amended by Chapter 360, 2012 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2 - Air Conservation Act › Part 1 - General Provisions › Section 106 - Rulemaking authority and procedure.

Affected by 63I-1-219 on 7/1/2029
Effective 5/12/2015
19-2-106.
Rulemaking authority and procedure.
(1)
(a) In carrying out the duties of Section 19-2-104, the board may make rules for the purpose of administering a program under the federal Clean Air Act different than the corresponding federal regulations which address the same circumstances if:
(i) the board holds a public comment period, as described in Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and a public hearing; and
(ii) the board finds that the different rule will provide reasonable added protections to public health or the environment of the state or a particular region of the state.
(b) The board shall consider the differences between an industry that continuously produces emissions and an industry that episodically produces emissions, and make rules that reflect those differences.
(2) The findings described in Subsection (1)(a)(ii) shall be:
(a) in writing; and
(b) based on evidence, studies, or other information contained in the record that relates to the state of Utah and type of source involved.
(3) In making rules, the board may incorporate by reference corresponding federal regulations.
Amended by Chapter 80, 2015 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2 - Air Conservation Act › Part 1 - General Provisions › Section 107.5 - Solid fuel burning.

Affected by 63I-1-219 on 7/1/2029
Effective 5/14/2019
19-2-107.5.
Solid fuel burning.
(1) The division shall create a public awareness campaign, in consultation with representatives of the solid fuel burning industry, the healthcare industry, and members of the clean air community, on best wood burning practices and the effects of wood burning on air quality, specifically targeting nonattainment areas.
(2)
(a) Subject to Subsection (2)(b), the division shall create a program to assist an individual to convert a dwelling to a natural gas, propane, or electric heating source, as funding allows, if the individual lives in a dwelling where wood burning is the sole or secondary source of heat.
(b) In creating the program described in Subsection (2)(a), the division shall give preference to applicants who:
(i) have an adjusted gross household income of 250% or less of the federal poverty level;
(ii) live in a house where wood is the sole or supplemental source of heating; or
(iii) live within six miles of the Great Salt Lake Base and Meridian.
(3)
(a) The division may not impose a burning ban prohibiting burning during a specified seasonal period of time.
(b) Notwithstanding Subsection (3)(a), the division shall:
(i) allow burning:
(A) during local emergencies and utility outages; or
(B) if the primary purpose of the burning is to cook food; and
(ii) provide for exemptions, through registration with the division, for:
(A) devices that are sole sources of heat; or
(B) locations where natural gas service is limited or unavailable.
(4) The division may seek private donations and federal sources of funding to supplement any funds appropriated by the Legislature to fulfill Subsection (2).
Amended by Chapter 470, 2019 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2 - Air Conservation Act › Part 1 - General Provisions › Section 107.7 - Water heater regulations.

Affected by 63I-1-219 on 7/1/2029
Effective 5/10/2016
19-2-107.7.
Water heater regulations.
(1) As used in this section:
(a) "Natural gas-fired water heater" means a device that heats water by the combustion of natural gas to a thermostatically-controlled temperature not exceeding 210 degrees Fahrenheit for use external to the vessel at pressures not exceeding 160 pounds per square inch gauge.
(b) "Recreational vehicle" means a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy.
(2) A person may not sell or purchase a natural gas-fired water heater that is manufactured after July 1, 2018 with the intent to install it in Utah if the natural gas-fired water heater exceeds the applicable nitrogen oxide emission rate limit set in Title 15A, State Construction and Fire Codes Act.
(3) A manufacturer in Utah shall display the model number and nitrogen oxide emission rate of a water heater complying with this section on:
(a) the shipping carton for the water heater; and
(b) the permanent rating plate of each water heater unit.
(4) This section does not apply to a water heater unit that:
(a) uses a fuel other than natural gas;
(b) is used in a recreational vehicle; or
(c) is manufactured in Utah for shipment and use outside of Utah.
Enacted by Chapter 247, 2016 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2 - Air Conservation Act › Part 1 - General Provisions › Section 109 - Air quality standards -- Hearings on adoption -- Notice requirements -- Orders of director -- Adoption of emission control requirements.

Affected by 63I-1-219 on 7/1/2029
Effective 5/3/2023
19-2-109.
Air quality standards -- Hearings on adoption -- Notice requirements -- Orders of director -- Adoption of emission control requirements.
(1)
(a) The board, in adopting standards of quality for ambient air, shall conduct public hearings.
(b) Notice of any public hearing for the consideration, adoption, or amendment of air quality standards shall specify the locations to which the proposed standards apply and the time, date, and place of the hearing.
(c) The notice shall be:
(i) published for the area affected, as a class A notice under Section 63G-30-102, for at least 20 days; and
(ii) mailed at least 20 days before the public hearing to the chief executive of each political subdivision of the area affected and to other persons the director has reason to believe will be affected by the standards.
(d) The adoption of air quality standards or any modification or changes to air quality standards shall be by order of the director following formal action of the board with respect to the standards.
(e) The order shall be published:
(i) for the area affected, as a class A notice under Section 63G-30-102, for at least 20 days; and
(ii) as required in Section 45-1-101.
(2)
(a) The board may establish emission control requirements by rule that in its judgment may be necessary to prevent, abate, or control air pollution that may be statewide or may vary from area to area, taking into account varying local conditions.
(b) In adopting these requirements, the board shall give notice and conduct public hearings in accordance with the requirements in Subsection (1).
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2 - Air Conservation Act › Part 1 - General Provisions › Section 109.2 - Small business assistance program.

Affected by 63I-1-219 on 7/1/2029
Effective 7/1/2023
19-2-109.2.
Small business assistance program.
The division shall establish a small business stationary source technical and environmental compliance assistance program that conforms with Title V of the 1990 Clean Air Act to assist small businesses to comply with state and federal air pollution laws.
Amended by Chapter 154, 2015 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2 - Air Conservation Act › Part 1 - General Provisions › Section 109.3 - Public access to information.

Affected by 63I-1-219 on 7/1/2029
19-2-109.3.
Public access to information.
A copy of each permit application, compliance plan, emissions or compliance monitoring report, certification, and each operating permit issued under this chapter shall be made available to the public in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2 - Air Conservation Act › Part 1 - General Provisions › Section 110 - Violations -- Notice to violator -- Corrective action orders -- Conference, conciliation, and persuasion by director -- Hearings.

Affected by 63I-1-219 on 7/1/2029
19-2-110.
Violations -- Notice to violator -- Corrective action orders -- Conference, conciliation, and persuasion by director -- Hearings.
(1) Whenever the director has reason to believe that a violation of any provision of this chapter or any rule issued under it has occurred, the director may serve written notice of the violation upon the alleged violator. The notice shall specify the provision of this chapter or rule alleged to be violated, the facts alleged to constitute the violation, and may include an order that necessary corrective action be taken within a reasonable time.
(2) Nothing in this chapter prevents the director from making efforts to obtain voluntary compliance through warning, conference, conciliation, persuasion, or other appropriate means.
(3) Hearings may be held before an administrative law judge as provided by Section 19-1-301.
Amended by Chapter 360, 2012 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2 - Air Conservation Act › Part 1 - General Provisions › Section 112 - Generalized condition of air pollution creating emergency -- Sources causing imminent danger to health -- Powers of executive director -- Declaration of emergency.

Affected by 63I-1-219 on 7/1/2029
Effective 5/12/2015
19-2-112.
Generalized condition of air pollution creating emergency -- Sources causing imminent danger to health -- Powers of executive director -- Declaration of emergency.
(1)
(a)Title 63G, Chapter 4, Administrative Procedures Act, and any other provision of law to the contrary notwithstanding, if the executive director finds that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, the executive director, with the concurrence of the governor, shall order persons causing or contributing to the air pollution to reduce or discontinue immediately the emission of air pollutants.
(b) The order shall fix a place and time, not later than 24 hours after its issuance, for a hearing to be held before the governor.
(c) Not more than 24 hours after the commencement of this hearing, and without adjournment of it, the governor shall affirm, modify, or set aside the order of the executive director.
(2)
(a) In the absence of a generalized condition of air pollution referred to in Subsection (1), but if the executive director finds that emissions from the operation of one or more air pollutant sources is causing imminent danger to human health or safety, the executive director may commence adjudicative proceedings under Section 63G-4-502.
(b) Notwithstanding Section 19-1-301 or 19-1-301.5, the executive director may conduct the emergency adjudicative proceeding in place of an administrative law judge.
(3) Nothing in this section limits any power that the governor or any other officer has to declare an emergency and act on the basis of that declaration.
Amended by Chapter 154, 2015 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2 - Air Conservation Act › Part 1 - General Provisions › Section 114 - Activities not in violation of chapter or rules.

Affected by 63I-1-219 on 7/1/2029
Effective 5/12/2015
19-2-114.
Activities not in violation of chapter or rules.
The following are not a violation of this chapter or of a rule made under it:
(1) burning incident to horticultural or agricultural operations of:
(a) prunings from trees, bushes, and plants; or
(b) dead or diseased trees, bushes, and plants, including stubble;
(2) burning of weed growth along ditch banks incident to clearing these ditches for irrigation purposes;
(3) controlled heating of orchards or other crops to lessen the chances of their being frozen so long as the emissions from this heating do not violate minimum standards set by the board; and
(4) the controlled burning of not more than two structures per year by an organized and operating fire department for the purpose of training fire service personnel when the United States Weather Service clearing index for the area where the burn is to occur is above 500.
Amended by Chapter 154, 2015 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2 - Air Conservation Act › Part 1 - General Provisions › Section 116 - Injunction or other remedies to prevent violations -- Civil actions not abridged.

Affected by 63I-1-219 on 7/1/2029
19-2-116.
Injunction or other remedies to prevent violations -- Civil actions not abridged.
(1) Action under Section 19-2-115 does not bar enforcement of this chapter, or any of the rules adopted under it or any orders made under it by injunction or other appropriate remedy. The director has the power to institute and maintain in the name of the state any and all enforcement proceedings.
(2) This chapter does not abridge, limit, impair, create, enlarge, or otherwise affect substantively or procedurally the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate proceeding for this purpose.
(3)
(a) In addition to any other remedy created in this chapter, the director may initiate an action for appropriate injunctive relief:
(i) upon failure of any person to comply with:
(A) any provision of this chapter;
(B) any rule adopted under this chapter; or
(C) any final order made by the board, the director, or the executive director; and
(ii) when it appears necessary for the protection of health and welfare.
(b) The attorney general shall bring injunctive relief actions on request.
(c) A bond is not required.
Amended by Chapter 360, 2012 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2 - Air Conservation Act › Part 1 - General Provisions › Section 117 - Attorney general as legal advisor to board -- Duties of attorney general and county attorneys.

Affected by 63I-1-219 on 7/1/2029
Effective 5/12/2015
19-2-117.
Attorney general as legal advisor to board -- Duties of attorney general and county attorneys.
(1) Except as provided in Section 63G-7-902, the attorney general is the legal advisor to the board and the director and shall defend them or any of them in all actions or proceedings brought against them or any of them.
(2) The county attorney in the county in which a cause of action arises may, upon request of the board or the director, bring an action, civil or criminal, to abate a condition which exists in violation of, or to prosecute for the violation of or to enforce, this chapter or the standards, orders, or rules of the board or the director issued under this chapter.
(3) The director may bring an action and be represented by the attorney general.
(4) In the event a person fails to comply with a cease and desist order of the board or the director that is not subject to a stay pending administrative or judicial review, the director may initiate an action for, and is entitled to, injunctive relief to prevent any further or continued violation of the order.
Amended by Chapter 154, 2015 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2 - Air Conservation Act › Part 1 - General Provisions › Section 118 - Violation of injunction evidence of contempt.

Affected by 63I-1-219 on 7/1/2029
19-2-118.
Violation of injunction evidence of contempt.
Failure to comply with the terms of any injunction issued under this chapter is prima facie evidence of contempt which is punishable as for other civil contempts.
Renumbered and Amended by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2 - Air Conservation Act › Part 1 - General Provisions › Section 119 - Civil or criminal remedies not excluded -- Actionable rights under chapter -- No liability for acts of God or other catastrophes.

Affected by 63I-1-219 on 7/1/2029
Effective 5/12/2015
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 a wrongful action that is a violation of the law are not excluded by this chapter.
(2) Except as provided in Sections 19-1-301 and 19-1-301.5, and rules implementing those provisions, persons other than the state or the board do not acquire actionable rights by virtue of this chapter.
(3) The liabilities imposed for violation of this chapter are not imposed for a violation caused by an act of God, war, strike, riot, or other catastrophe.
Amended by Chapter 154, 2015 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2 - Air Conservation Act › Part 1 - General Provisions › Section 120 - Information required of owners or operators of air pollutant sources.

Affected by 63I-1-219 on 7/1/2029
Effective 5/12/2015
19-2-120.
Information required of owners or operators of air pollutant sources.
The owner or operator of a stationary air pollutant source in the state shall furnish to the director the reports required by rules made in accordance with Section 19-2-104 and any other information the director finds necessary to determine whether the source is in compliance with state and federal regulations and standards. The information shall be correlated with applicable emission standards or limitations and shall be available to the public during normal business hours at the office of the division.
Amended by Chapter 154, 2015 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2 - Air Conservation Act › Part 1 - General Provisions › Section 121 - Ordinances of political subdivisions authorized.

Affected by 63I-1-219 on 7/1/2029
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.
Renumbered and Amended by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2 - Air Conservation Act › Part 1 - General Provisions › Section 122 - Cooperative agreements between political subdivisions and department.

Affected by 63I-1-219 on 7/1/2029
Effective 5/12/2015
19-2-122.
Cooperative agreements between political subdivisions and department.
(1) A political subdivision of the state may enter into and perform, with other political subdivisions of the state or with the department, contracts and agreements as they find proper for establishing, planning, operating, and financing air pollution programs.
(2) The agreements may provide for an agency to:
(a) supervise and operate an air pollution program;
(b) prescribe the agency's powers and duties; and
(c) fix the compensation of the agency's members and employees.
Amended by Chapter 154, 2015 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2 - Air Conservation Act › Part 2 - Clean Air Retrofit, Replacement, and Off-road Technology Program › Section 201 - Title.

Affected by 63I-1-219 on 7/1/2029
Effective 5/13/2014
19-2-201.
Title.
This part is known as the "Clean Air Retrofit, Replacement, and Off-road Technology Program."
Enacted by Chapter 295, 2014 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2 - Air Conservation Act › Part 2 - Clean Air Retrofit, Replacement, and Off-road Technology Program › Section 202 - Definitions.

Affected by 63I-1-219 on 7/1/2029
Effective 5/10/2016
19-2-202.
Definitions.
As used in this part:
(1) "Board" means the Air Quality Board.
(2) "Certified" means certified by the United States Environmental Protection Agency or the California Air Resources Board to meet appropriate emission standards.
(3) "Cost" means the total reasonable cost of a project eligible for a grant under the fund, including the cost of labor.
(4) "Director" means the director of the Division of Air Quality.
(5) "Division" means the Division of Air Quality, created in Subsection 19-1-105(1)(a).
(6) "Eligible equipment" means equipment with engines, including stationary generators and pumps, operated and, if applicable, permitted in Utah.
(7) "Eligible vehicle" means a vehicle operated and, if applicable, registered in Utah that is:
(a) a medium-duty or heavy-duty transit bus;
(b) a school bus as defined in Section 53-3-102;
(c) a medium-duty or heavy-duty truck with a gross vehicle weight rating of at least 16,001 GVWR;
(d) a locomotive; or
(e) another type of vehicle identified by the board in rule as being a significant potential source of air pollution, as defined in Section 19-2-102.
(8) "Verified" means verified by the United States Environmental Protection Agency or the California Air Resources Board to reduce air emissions and meet durability requirements.
Amended by Chapter 321, 2016 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2 - Air Conservation Act › Part 2 - Clean Air Retrofit, Replacement, and Off-road Technology Program › Section 203 - Grants and programs -- Conditions.

Affected by 63I-1-219 on 7/1/2029
Effective 5/13/2014
19-2-203.
Grants and programs -- Conditions.
(1) The director may make grants for implementing:
(a) verified technologies for eligible vehicles or equipment; and
(b) certified vehicles, engines, or equipment.
(2)
(a) The division may develop programs, including exchange, rebate, or low-cost purchase programs, to encourage replacement of:
(i) landscaping and maintenance equipment with equipment that is lower in emissions; and
(ii) other equipment or products identified by the board in rule as being a significant potential source of air pollution, as defined in Subsection 19-2-102(3).
(b) The division may enter into agreements with local health departments to administer the programs described in Subsection (2)(a).
(3) As a condition for receiving the grant, a person receiving a grant under Subsection (1) or receiving a grant under this Subsection (3) shall agree to:
(a) provide information to the division about the vehicles, equipment, or technology acquired with the grant proceeds;
(b) allow inspections by the division to ensure compliance with the terms of the grant;
(c) permanently disable replaced vehicles, engines, and equipment from use; and
(d) comply with the conditions for the grant.
(4) Grants and programs under Subsections (1) and (2) may be administered using a rebate program.
(5) Grants issued under this section may not exceed the actual cost of the project.
Enacted by Chapter 295, 2014 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2 - Air Conservation Act › Part 2 - Clean Air Retrofit, Replacement, and Off-road Technology Program › Section 204 - Duties and authorities -- Rulemaking.

Affected by 63I-1-219 on 7/1/2029
Effective 5/13/2014
19-2-204.
Duties and authorities -- Rulemaking.
(1) The board may, by following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules:
(a) specifying the amount of money to be dedicated annually for grants;
(b) specifying criteria the director shall consider in prioritizing and awarding grants, including:
(i) a preference for awarding a grant to an individual who has already secured some other source of funding; and
(ii) a limitation on the types of vehicles that are eligible for funds;
(c) specifying the terms of a grant or exchange under Subsections 19-2-203(2), (3), and (4);
(d) specifying the procedures to be used in the grant and exchange programs authorized in Subsections 19-2-203(2), (3), and (5); and
(e) requiring all grant applicants to apply on forms provided by the division.
(2) The division shall:
(a) administer funds to encourage vehicle and equipment owners and operators to reduce emissions from vehicles and equipment;
(b) provide forms for application for a grant or exchange under Subsection 19-2-203(2) or (3); and
(c) provide information about which vehicles, engines, or equipment are certified and which technology is verified as provided in this part.
(3) The division may inspect vehicles, equipment, or technology for which a grant was made to ensure compliance with the terms of the grant.
Enacted by Chapter 295, 2014 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2 - Air Conservation Act › Part 3 - Conversion to Alternative Fuel Grant Program › Section 301 - Title.

Affected by 63I-1-219 on 7/1/2029
Effective 5/12/2015
19-2-301.
Title.
This part is known as the "Conversion to Alternative Fuel Grant Program."
Enacted by Chapter 381, 2015 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2 - Air Conservation Act › Part 3 - Conversion to Alternative Fuel Grant Program › Section 302 - Definitions.

Affected by 63I-1-219 on 7/1/2029
Effective 5/10/2016
19-2-302.
Definitions.
As used in this part:
(1) "Air quality standards" means vehicle emission standards equal to or greater than the standards established in bin 4 in Table S04-1 of 40 C.F.R. 86.1811-04(c)(6).
(2) "Alternative fuel" means:
(a) propane, natural gas, or electricity; or
(b) other fuel that the board determines, by rule, to be:
(i) at least as effective in reducing air pollution as the fuels listed in Subsection (2)(a); or
(ii) substantially more effective in reducing air pollution as the fuel for which the engine was originally designed.
(3) "Board" means the Air Quality Board.
(4) "Clean fuel grant" means a grant awarded under this part from the Conversion to Alternative Fuel Grant Program Fund created in Section 19-1-403.3 for reimbursement for a portion of the incremental cost of an OEM vehicle or the cost of conversion equipment.
(5) "Conversion equipment" means equipment designed to:
(a) allow an eligible vehicle to operate on an alternative fuel; and
(b) reduce an eligible vehicle's emissions of regulated pollutants, as demonstrated by:
(i) certification of the conversion equipment by the Environmental Protection Agency or by a state or country that has certification standards that are recognized, by rule, by the board;
(ii) testing the eligible vehicle, before and after the installation of the equipment, in accordance with 40 C.F.R. Part 86, Control of Emissions from New and In-Use Highway Vehicles and Engines, using all fuel the motor vehicle is capable of using;
(iii) for a retrofit natural gas vehicle that is retrofit in accordance with Section 19-1-406, satisfying the emission standards described in Section 19-1-406; or
(iv) any other test or standard recognized by board rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(6) "Cost" means the total reasonable cost of a conversion kit and the paid labor, if any, required to install it.
(7) "Director" means the director of the Division of Air Quality.
(8) "Division" means the Division of Air Quality, created in Subsection 19-1-105(1)(a).
(9) "Eligible vehicle" means a:
(a) commercial vehicle, as defined in Section 41-1a-102;
(b) farm tractor, as defined in Section 41-1a-102; or
(c) motor vehicle, as defined in Section 41-1a-102.
Amended by Chapter 369, 2016 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2 - Air Conservation Act › Part 3 - Conversion to Alternative Fuel Grant Program › Section 303 - Grants and programs -- Conditions.

Affected by 63I-1-219 on 7/1/2029
Effective 5/10/2016
19-2-303.
Grants and programs -- Conditions.
(1) The director may make grants from the Conversion to Alternative Fuel Grant Program Fund created in Section 19-1-403.3 to a person who installs conversion equipment on an eligible vehicle as described in this part.
(2) A person who installs conversion equipment on an eligible vehicle:
(a) may apply to the division for a grant to offset the cost of installation; and
(b) shall pass along any savings on the cost of conversion equipment to the owner of the eligible vehicle being converted in the amount of grant money received.
(3) As a condition for receiving the grant, a person who installs conversion equipment shall agree to:
(a) provide information to the division about the eligible vehicle to be converted with the grant proceeds;
(b) allow inspections by the division to ensure compliance with the terms of the grant; and
(c) comply with the conditions for the grant.
(4) A grant issued under this section may not exceed the lesser of 50% of the cost of the conversion system and associated labor, or $2,500, per converted eligible vehicle.
Amended by Chapter 369, 2016 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2 - Air Conservation Act › Part 3 - Conversion to Alternative Fuel Grant Program › Section 304 - Duties and authorities -- Rulemaking.

Affected by 63I-1-219 on 7/1/2029
Effective 5/10/2016
19-2-304.
Duties and authorities -- Rulemaking.
(1) The board may, by following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules:
(a) specifying the amount of money to be dedicated annually for grants under this part;
(b) specifying criteria the director shall consider in prioritizing and awarding grants, including a limitation on the types of vehicles that are eligible for funds;
(c) specifying the minimum qualifications of a person who:
(i) installs conversion equipment on an eligible vehicle; and
(ii) receives a grant from the division;
(d) specifying the terms of a grant; and
(e) requiring all grant applicants to apply on forms provided by the division.
(2) The division shall:
(a) administer the Conversion to Alternative Fuel Grant Program Fund to encourage eligible vehicle owners to reduce emissions from eligible vehicles; and
(b) provide information about which conversion technology meets the requirements of this part.
(3) The division may inspect vehicles for which a grant was made to ensure compliance with the terms of the grant.
Amended by Chapter 369, 2016 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2a - Air Quality - Special Provisions › Section 103 - Gasoline vapor recovery -- Penalties.

Effective 5/8/2018
19-2a-103.
Gasoline vapor recovery -- Penalties.
(1) As used in this section:
(a) "Gasoline cargo tank" means a tank that:
(i) is intended to hold gasoline;
(ii) has a capacity of 1,000 gallons or more; and
(iii) is attached to or intended to be drawn by a motor vehicle.
(b) "Operator" means an individual who controls a motor vehicle:
(i) to which a gasoline cargo tank is attached; or
(ii) that draws a gasoline cargo tank.
(c) "Underground storage tank" means the same as that term is defined in Section 19-6-102.
(2) The operator of a gasoline cargo tank shall comply with requirements of this section if the operator:
(a) permits the loading of gasoline into the gasoline cargo tank; or
(b) loads an underground storage tank with gasoline from the gasoline cargo tank.
(3) Except as provided in Subsection (6), the operator of a gasoline cargo tank may permit the loading of gasoline into a tank described in Subsection (2) or load an underground storage tank with gasoline from the gasoline cargo tank described in Subsection (1) only if:
(a) emissions from the tank that dispenses 10,000 gallons or more in any one calendar month are controlled by the use of:
(i) a properly installed and maintained vapor collection and control system that is equipped with fittings that:
(A) make a vapor-tight connection; and
(B) prevent the release of gasoline vapors by automatically closing upon disconnection; and
(ii) submerged filling or bottom filling methods; and
(b) the resulting vapor emitted into the air does not exceed the levels described in Subsection (4).
(4) Vapor emitted into the air as a result of the loading of a tank under Subsection (3) may not exceed 0.640 pounds per 1,000 gallons transferred.
(5)
(a) The department may fine an operator who violates this section:
(i) up to $1,000 for a first offense; or
(ii) up to $2,000 for a second offense.
(b) An operator who violates this section is guilty of a class C misdemeanor for a third or subsequent offense.
(6) If a facility at which an underground storage tank is located does not have the equipment necessary for an operator of a gasoline cargo tank to comply with Subsection (3), the operator is excused from the requirements of Subsections (3) and (4) and may not be fined or penalized under Subsection (5).
Renumbered and Amended by Chapter 120, 2018 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 2a - Air Quality - Special Provisions › Section 106 - Division of Air Quality Oil, Gas, and Mining Restricted Account.

Effective 5/5/2021
19-2a-106.
Division of Air Quality Oil, Gas, and Mining Restricted Account.
(1) As used in this section:
(a) "Account" means the Division of Air Quality Oil, Gas, and Mining Restricted Account created by this section.
(b) "Division" means the Division of Air Quality.
(2)
(a) There is created a restricted account within the General Fund known as the "Division of Air Quality Oil, Gas, and Mining Restricted Account."
(b) The account consists of:
(i) deposits to the account made under Section 51-9-306;
(ii) appropriations from the Legislature; and
(iii) interest and other earnings described in Subsection (2)(c).
(c) The Office of the Treasurer shall deposit interest and other earnings derived from investment of money in the account into the account.
(3)
(a) Upon appropriation by the Legislature, the division shall use money from the account to pay the costs of programs or projects administered by the division that are primarily related to oil, gas, and mining.
(b) An appropriation provided for under this section is not intended to replace the following that is otherwise allocated for the programs or projects described in Subsection (3)(a):
(i) federal money; or
(ii) a dedicated credit.
(4) Appropriations made in accordance with this section are nonlapsing in accordance with Section 63J-1-602.1.
Enacted by Chapter 401, 2021 General Session