Agency: Environmental Quality

Line Item: Environmental Quality

Function

The operational functions of DEQ are represented in one line item for budgetary purposes. The descriptions of each program are explained in further detail below.

Intent Language

Under terms of Section 63J-1-603-(3)(a) Utah Code Annotated, item 212 of Chapter 2 Laws of Utah 2010 is made non-lapsing with the use of any non-lapsing funds limited to the following: Air Quality Operating Permit Program fees $100,000.

Under terms of Section 63J-1-603-(3)(a) Utah Code Annotated, item 159 of Chapter 366 Laws of Utah 2006 is made non-lapsing with the use of any non-lapsing funds limited to the following: High Level Nuclear Waste Opposition $132,500.

The Legislature intends that funds transferred to the Department of Environmental Quality as a result of passage of House Bill 475 not lapse at the end of Fiscal Year 2011.

Funding Detail

Program: Director's Office

Function

The DEQ Executive Director's Office provides administrative direction to the entire department. Included in its functions are the following:

• directing planning and policy development within the department;
• directing implementation of state and federal environmental laws and regulations;
• maintaining state primacy in federal programs;
• providing public information and implementing stakeholder outreach programs;
• coordinating department planning functions;
• providing administrative program support;
• coordinating department programs with local health departments;
• providing general services support;
• managing budget and financial accounting support;
• coordinating purchasing;
• directing human resource management;
• supporting information technology; and,
• providing web services and general business assistance.

Funding Detail

Program: Air Quality

Function

The mission of the Division of Air Quality is to achieve and maintain levels of air quality that protect public health, property, and vegetation in Utah from the effects of air pollution. In order to accomplish its mission, this division is divided into the following three branches: (1) Compliance Branch, (2) Permitting Branch, and (3) Planning Branch. A brief description of each section within the 3 branches follows:

Compliance Branch

Major Source Compliance Section: This section is responsible for ensuring that the requirements of the Utah Air Conservation Act are met for all major sources. This is done by the inspection and enforcement activities of all major industrial air pollution sources located throughout the state. The division regulates around 100 major sources.

Minor Source Compliance Section: This section is responsible for ensuring that the requirements of the Utah Air Conservation Act are met for all minor sources that have been issued an approval order. This is done by the inspection and enforcement activities of all of these sources located throughout the state. The division regulates over 1,800 minor sources through approval orders.

Air Toxics, Lead-Based Paint, Asbestos, and Small Business Environmental Assistance Program Section (ATLAS): The ATLAS section's mission is to investigate and ensure compliance with the Utah Air Quality Rules. This is done through site inspections, asbestos project notification reviews, and technical assistance to the public and the regulated community, and through enforcement actions.

Permitting Branch

Major and Minor New Source Review Sections: The functions of these sections are mainly related to regulation of the emissions of air contaminants from "stationary sources" (industrial sources). This involves reviewing the design of all new or modified stationary sources to determine that the source will be able to comply with the Utah Administrative Code (UAC) and the Federal Air Quality Regulations. It is accomplished by issuing a construction permit called an Approval Order. To facilitate the workload, the New Source Review program is divided between the Major New Source Review and Minor New Source Review Sections.

Operating Permit Section: The Federal Clean Air Act requires a program be developed in all states to issue renewable operating permits to specific large or major air pollution sources and provide special technical assistance.

Planning Branch

This branch is responsible for the development and maintenance of the State Implementation Plan (SIP) for the control of carbon monoxide, ozone, sulfur oxides, and particulate matter.

Air Monitoring Section: This section is responsible for the collection of accurate and precise ambient air data in Utah for use by local, state, and federal agencies.

Technical Analysis Section: This section is responsible for a wide variety of tasks, including dispersion modeling, geographic information systems (GIS), and the collection and evaluation of emission inventories. The section also conducts special air quality studies for important state issuse such as oil and gas development, Snake Valley aquifer pumping, and quality growth planning.

Mobile Sources Section: This section is responsible for issues dealing with emissions from vehicles.

The Air Quality Division is responsible to measure air quality as outlined by the federal air quality health standards. Recently, the division identified violations of the particulate matter National Ambient Air Quality Standard (NAAQS). The division is in the middle of the three year process to bring the areas within Utah that are violating the NAAQS back into attainment. Simultaneously, the Environmental Protection Acency is revising NAAQS for ozone. The division is identifying areas that do not meet the new ozone standards and are preparing plans to bring them into attainment.

The Utah Clean Diesel Program is a clean air initiative that started in 2008. The program is a collaboration between state and federal agencies, county and municipal governments, community and non-profit organizations, and industry groups. Over $5.4 million in state and federal grants have helped 32 small businesses and 30 school districts purchase cleaner and more fuel efficient equipment for their operations. The following Clean Diesel projects have been completed to date:

• The Clean Diesel School Bus project retrofitted nearly 1,200 diesel-powered school buses throughout the state with emission control devices that are aimed to protect children and operators from harmful air pollutanats emitted by a school bus's diesel engine. This project also replaced 27 older buses with new buses that meet a more stringent set of emissions standards.
• The Clean Diesel Trucking project installed auxiliary power units on 52 long-haul trucks. These units reduce fuel consumption and diesel emissions by providing climate control and electrical power for the truck's sleeper cab and engine block heater during the driver's downtime. These devices use 80-90 percent less fuel than the truck's main engine.
• The Clean Diesel Agriculture project installed auxiliary power units on 32 trucks that support farm-based activities. This project also repowered and replaced 31 pieces of diesel equipment with cleaner, more fuel efficient machinery.

The Utah Clean Diesel program continues to evolve with additional awards of over $1.3 million in grant funds and matching funds of nearly $1.5 million from potential award recipients. The Utah Clean Diesel program is based on partnershipes with a variety of sectors, including education, agriculture, trucking, and construction to provide cleaner and more efficient transportation and equipment alternatives to Utah communities.

Funding Detail

Program: Environmental Response/Remediation

Function

The mission of the Division of Environmental Response and Remediation is to protect the health and the environment of the citizens of Utah from exposure to hazardous substances. This is accomplished by the following means:

• coordinating notifications and responses to incidents posing imminent hazards;
• implementing corrective actions (clean-up);
• providing educational services to the public;
• ensuring compliance with regulations; and
• managing risks and hazards.

The major functions of the division include the following:

• conduct site investigations;
• negotiate and coordinate clean-up activities;
• encourage voluntary cleanup of contaminated sites;
• perform risk assessments;
• coordinate enforcement activities;
• provide compliance activities;
• conduct certification training;
• establish design and operation standards;
• coordinate emergency response and planning;
• coordinate division safety program;
• collect and analyze chemical inventory and usage data;
• coordinate cost recovery actions;
• release prevention inspections and education; and,
• provide the public with chemical inventory of usage data.

The Division of Environmental Response and Remediation (DERR) was created from the Bureau of Solid and Hazardous Waste (BSHW) on July 1, 1990 to more effectively administer the rapidly expanding role of three federal environmental laws: The Comprehensive Environmental Response Compensation and Liability Act, the Emergency Planning and Community Right-to-Know Act (EPCRA), and the Resource Conservation and Recovery Act (RCRA), Subtitle I, Regulation of Underground Storage Tanks.

The division is organized into two major branches, the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) Branch (commonly known as Superfund) and the Underground Storage Tank Branch.

Through cooperative agreements with the U.S. Environmental Protection Agency (EPA), the division is involved in all hazardous waste sites in Utah that are included or are being investigated for the National Priorities List (NPL). The NPL is established by the federal, non-delegated CERCLA program. Utah has approximately 490 sites on the active or archived CERCLA list. Of these, 25 proposed sites are finalized and on the NPL. Cleanup has been completed at 10 NPL sites.

The division administers the Voluntary Cleanup Release program since it was enacted by the Utah Legislature in 1997. This program allows for cleanup of contaminated properties not otherwise addressed by other regulatory program by owners, purchasers, or others voluntarily with state oversight.

The division administers the Underground Storage Tank (UST) program which is charged with enforcing state and federal underground storage tank regulations in Utah. The UST section conducts inspections at underground storage tank facilities to ensure compliance with leak prevention and leak detection requirements. The UST section administers various certification programs for underground storage tank installers and removers, inspectors, precision tank testers, groundwater, soil samplers, consultants, and registration of UST operators. Additionally, the section reviews and approves plans for closure of tanks, helps owners receive coverage under the State's Petroleum Storage Tank (PST) Fund, presents public information outreaches, and pursues tank compliance actions. The UST program has established standards for the design, installation, closure, operation and monitoring of regulated underground storage tanks. Local health departments are utilized to assist in conducting inspections and providing complaint response at a local level.

The Leaking Underground Storage Tank Remedial Assistance section has the responsibility for overseeing clean-up activities at leaking underground storage tank sites. This section monitors compliance with schedules and public information, approves corrective action technology, directs site investigations and remediation work. Additionally, this section takes compliance actions against responsible parties at leaking underground storage tank sites and responds to tank emergencies.

The PST Remediation section is responsible for administering the Petroleum Storage Tank Fund, which is a state trust fund established to provide financial assurance for underground storage tank owners to clean up releases from their tanks. Claims against the fund are processed, clean-up work reviewed and approved, and assistance given to underground storage tank owners to complete the clean-up process. An independent accounting firm conducts and actuarial analysis of the PST Fund annually. The draft actuarial report for FY 2011 projects a positive cash balance for the next 10 years. According to the report, the cash balance will decline to $9.8 million in 2013 and subsequently increase to $12.5 million by 2020.

Final authorization from the EPA to administer the federal rules for the Underground Storage Tank program in Utah has been received.

The division received $1,929,000 in federal stimulus funding to apply towards abandoned leaking underground storage sites. With this funding, the division completed two site assessments and initiated nine site cleanups. Groundwater is currenly being monitored at the nine cleanup sites to evaluate them for closure.

Funding Detail

Program: Radiation Control

Function

The mission of the Division of Radiation Control program is to protect the citizens of Utah from sources of radiation that constitute a health hazard. In order to accomplish this mission, the division is responsible for the following:

• regulating the use of and compliance of radioactive materials users;
• regulating X-ray machine registrants and performing inspections;
• maintaining an environmental radioactivity monitoring station as part of a nationwide network;
• protecting the public from ionizing radiation;
• monitoring transportation of radioactive waste;
• regulating uranium recovery facilities and mill tailings;
• regulating low-level radioactive waste management at the EnergySolutions waste disposal facility;
• identifying potential high radon areas in Utah; and,
• regulating groundwater quality permitting and compliance at uranium mills and radioactive waste disposal facilities.

The division enforces rules that limit the amounts of radiation exposure received by the general public and occupationally exposed employees from sources of ionizing radiation. This is accomplished by licensing/permitting and compliance programs within the division. The division conducts routine inspections of: radioactive material users, medical and commercial users of X-ray generating machinery, low-level radioactive waste facility, and uranium milling operations.

The Nuclear Regulatory Commission (NRC) performs, at least every four years, a comprehensive evaluation of radiation control programs. This includes the radioactive materials licensing and inspection program, the uranium mill tailings regulatory program, and the low-level radioactive waste program. The division received the highest rating of Adequate to protect public health and safety. The next comprehensive evaluation will be performed in 2015.

The Division of Radiation Control is divided into the following sections:

Radioactive Materials and X-Ray

The Radioactive Material section licenses and performs compliance inspections at radioactive material users throughout the state of Utah. The X-Ray section registers and inspects X-ray machinery in medical and commercial facilities.

Low-level Waste and Uranium Mills Licensing and Permitting

This section performs all licensing and permitting of commercial radioactive waste disposal facilities; for example, the EnergySolutions Clive facility in Tooele County and the Denison Mines White Mesa Mill in San Juan County.

Low-level Waste and Uranium Mills Compliance and Enforcement

This section performs all compliance monitoring regulatory enforcement of uranium milling operations and low-level radioactive waste disposal.

Funding Detail

Program: Water Quality

Function

The mission of the Division of Water Quality is to protect public health and all beneficial uses of water by maintaining and enhancing the chemical, physical and biological integrity of Utah's waters. The major functions of the division include the following:

• establish water quality standards that protect the beneficial uses of Utah's waters;
• monitor and assess the quality of lakes, streams, groundwater and wastewater discharges;
• Review plans for wastewater disposal and discharge systems;
• manage the underground wastewater disposal program and review plans for large systems;
• develop and implement water quality management plans to protect Utah waters for drinking water, recreation, fishing, agriculture, and industrial uses;
• manage the wastewater loan program;
• issue and enforce permits for facilities discharging wastewater to surface waters and to ground water;
• manage the federal Underground Injection Control (UIC) program that discharge wastes into the subsurface via wells;
• manage the federal biosolids (municipal sewage sludge) permit program;
• conduct studies and develop programs for abating water pollution; and,
• manage the wastewater operator certification program.

This division is divided into seven sections. Below is a brief description of the functions of each section:

Engineering Section

This section administers the state and federal loan/grant programs to fund high quality wastewater projects, manages the Utah Wastewater Operator Certification Program, and provides technical assistance to communities.

It also conducts engineering plan reviews and issues construction permits for municipal and industrial water pollution control projects and provides technical assistance. The section also conducts operations and maintenance inspections and evaluations of all existing and newly constructed water pollution control projects.

The Division of Water Quality is responsible to administer the Utah Wastewater Project Assistance Program. This program provides financial assistance to communities and individuals to meet their water quality needs.

Funding for FY 2011 for water quality loans and grants is expected to be $42,053,500:

• $3,587,500 - designated sales tax;
• $10,000,000 - federal funds; and,
• $28,466,000 - loan payments.

• $3,587,500 - designated sales tax;
• $10,000,000 - federal funds; and,
• $13,939,000 - loan repayments.

UPDES Engineering Section

This section is responsible for developing, implementing, and coordinating the engineering review and permit issuance of the Utah Pollutant Discharge Elimination System (UPDES) and Industrial Pretreatment programs. The UPDES program regulates point source wastewater discharges from municipal, industrial, federal and agricultural facilities. The section also administers the federal Biosolids Permit Program by encouraging the safe and beneficial use of treated municipal sewage sludge.

UPDES Inspection/Enforcement/Stormwater Section

This section is responsible for the inspections of UPDES facilities and any necessary enforcement actions as a result of documented noncompliance. The Stormwater Program covers construction, industrial, and municipal stormwater issues.

Water Quality Management Section

This section updates water quality standards to protect beneficial uses, and conducts statewide water quality assessments, determining the quality of the state's lakes, reservoirs, and streams.

Ground Water Protection

This section develops, implements, and coordinates the Utah Ground Water Quality Protection and the Underground Injection Control (UIC) programs. This section issues and enforces ground water permits and UIC permits. The section also assists local governments to develop ground water protection programs to compliment land use planning.

Monitoring Section

This section is responsible for conducting chemical, physical, and biological monitoring of surface and ground waters in the state and effluent discharges to ensure compliance with permits and ambient water quality standards.

Watershed Protection Section

This section manages the non-point source pollution control program and is responsible for developing and implementing water quality plans which restore impaired waters so they may again fully support their beneficial uses and meet state water quality standards.

Funding Detail

Program: Drinking Water

Function

The mission of the Division of Drinking Water is to protect the public from waterborne disease through education, assistance, and oversight. Its major functions include the following:

• provide technical assistance to drinking water systems and consultants;
• provide oversight and compliance assistance for surface water treatment plants;
• review/approve construction plans and issue operating permits;
• manage cross connection control program;
• manage construction loan program;
• administer drinking water source protection program;
• assure compliance with Utah public drinking water rules;
• manage Operator Certification Program;
• train and communicate with public and water system personnel on new rules;
• write and implement all rules and requirements from EPA; and
• coordinate with the Divisions of Public Utilities, Water Quality, Water Resources and Water Rights.

The Drinking Water Division has the responsibility to track drinking water systems that meet requirements of the Safe Drinking Water Act. In FY 11, 99.9% of the people were served by public water systems that were approved and 91.4% of the public water systems were meeting all health standards of the Safe Drinking Water Act.

There are five sections within this division, each of which is described below:

Administrative Services Section

This section provides support services to the division in the areas of budgeting, purchasing, contracting, grants management and personnel. The section also administers the Drinking Water Source Protection Program.

Engineering Section

This section performs plan reviews for construction of water facilities throughout Utah and issues operating permits for those projects. It also performs grout witness services on new wells as well as construction inspections.

Field Services Section

This section administers the Operator Certification program and the Backflow Technician program. Field Services takes the lead in emergency response and directs the performance of on site inspections of existing facilities.

Rules Section

This section deals with the ongoing operations of drinking water systems by providing technical assistance and implementing the federal rules. This section oversees the operation of 466 community water systems, 68 non-transient non-community water systems, and 481 non-community water systems.

Construction Assistance Section

The section administers the state and federal loan programs. For those projects that receive financial assistance, this section also reviews plans and performs construction inspections. This section also administered the $19,500,000 federal stimulus monies allocated for drinking water projects in Utah.

Funding for FY 11 drinking water loans is expected to be $20,701,400:

• $3,587,500 - designated sales tax;
• $10,858,400 - federal funds; and,
• $6,255,500 - loan repayments (including interest, hardship fees, and technical assistance fees).

Funding for FY 12 drinking water loans is expected to be $21,218,300:

• $3,587,500 - designated sales tax;
• $10,858,400 - federal funds; and,
• $6,772,400 - loan repayments (including interest, hardship fees, and technical assistance fees).

Funding Detail

Program: Solid and Hazardous Waste

Function

The mission of the Division of Solid and Hazardous Waste is to protect public health and the environment by ensuring proper management of solid and hazardous wastes within Utah. In order to accomplish this mission, the division does the following:

• issues and modifies permits for solid and hazardous waste facilities;
• reviews and approves risk assessments, corrective action, and cleanup and closure plans;
• conducts on-site compliance inspections;
• responds to complaints and emergencies;
• maintains state program authorization and develop and update regulations and guidance documents;
• provides technical assistance;
• collects and distribute waste management data;
• administers the Used Oil program;
• manages the Waste Tire Recycling program;
• administers the Mercury Switch Recycling program;
• administers a Compliance Assistance Program for small businesses; and,
• provides oversight of the Chemical Weapons Demilitarization program.

The Division of Solid and Hazardous Waste is responsible for administering the comprehensive solid and hazardous waste management program as established by state and federal law. The division administers the Federal Solid and Hazardous Waste program through delegation from the federal government. It also administers several state established waste programs related to solid waste, used oil, mercury switches, and used tires.

Solid Waste

The division has the statutory responsibility to develop a state solid waste management program. The main areas of concentration in solid waste management are planning, permitting, compliance technical assistance, and complaint response.

Permitting: State law requires that all solid waste disposal facilities (e.g. sanitary landfills, municipal solid waste incinerators, non-hazardous industrial waste landfills, medical waste incinerators, etc.) must have permits from the division. Division staff works with local government and industry to ensure proper construction and operation of these facilities.

Compliance: All facilities that have solid waste permits are inspected on a regular basis to maintain regulatory compliance and to ensure protection of human health and the environment.

Technical Assistance: Solid waste staff responds to request for assistance from the public, local government, and industry. All complaints are investigated.

Hazardous Waste

The division has the statutory responsibility to develop a comprehensive hazardous waste management program. The main areas of concentration in hazardous waste management are permitting, compliance, corrective action, closure/post closure and technical assistance.

Permitting: All facilities which treat, store or dispose of hazardous waste must have a permit issued under the Utah Solid and Hazardous Waste Act.

Compliance: All facilities which have hazardous waste permits are inspected on a regular basis to maintain regulatory compliance and to ensure protection of human health and the environment.

Corrective Action: Companies who have releases from their hazardous waste management units are required to initiate corrective action measures to eliminate any problems caused. These activities must be approved by the division.

Technical Assistance: Hazardous waste staff respond to requests for assistance from the public, local government, and industry. The division investigates an average of 200 complaints per year concerning mismanagement of hazardous waste.

Closure/Post-Closure Activities: All facilities that have treated, stored, or disposed of hazardous waste must close in accordance with standards which provide protection of human health and the environment. Monitoring and site maintenance after closure are required to ensure continued protection from contamination.

Chemical Weapons Demilitarization: The division regulates the destruction of chemical weapons at the Deseret Chemical Depot located in Tooele County. Oversight activities include permit modifications, trial burns, compliance inspections, decontamination and closure plan approvals, investigation and remediation of former waste management areas, and technical assistance.

Used Oil Program: This program was established under the 1993 Used Oil Management Act to promote used oil recycling and to protect human health and the environment. Program components include permitting, compliance inspections, corrective action, cleanup and closure, spill response, and technical assistance. The program has resulted in the recycling of approximately 12 million gallons of used oil per year in Utah.

Waste Tire Recycling Program: The division of Solid and Hazardous Waste encourages the recycling of waste tires and oversees the waste tire disposal ban, the registration of tire transporters, and waste tire recyclers. This division also oversees the cleanup of waste tire piles and reimbursement of cleanup and recycling costs, as required by the Waste Tire Recycling Act. Additionally the program monitors and enforces waste tire rules. Approximately two million tires are recycled annually in Utah.

Mercury Switch Removal Program: The division administers the Mercury Switch Removal Program. The program provides standards for removal and management of mercury switches from automobiles. The switches are processed for reclamation of mercury. Participants are reimbursed for each switch removed. Over 35,300 switches have been removed and sent to mercury recyclers, representing 77.65 pounds of mercury removed from the environment.

Compliance Assistance Program: The division administers a compliance assistance program for small businesses that generate hazardous waste. The program is designed to help small businesses understand and comply with applicable regulations. Technical assistance is provided in areas of waste reduction, onsite storage, process improvement, management standards and disposal options. There is no enforcement component associated with this program.

Funding Detail