S.B. 45

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AIR QUALITY BOARD POWERS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: LeRay McAllister
5 AN ACT RELATING TO HEALTH AND ENVIRONMENT; AMENDING THE AUTHORITY
6 OF THE AIR QUALITY BOARD TO ALLOW ESTABLISHMENT OF TRADING OF
7 EMISSIONS UNITS AS AN INCENTIVE FOR EMISSIONS REDUCTIONS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 19-2-104, as last amended by Chapters 75 and 257, Laws of Utah 1996
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 19-2-104 is amended to read:
13 19-2-104. Powers of board.
14 (1) The board may make rules in accordance with Title 63, Chapter 46a, Utah
15 Administrative Rulemaking Act:
16 (a) regarding the control, abatement, and prevention of air pollution from all sources and
17 the establishment of the maximum quantity of air contaminants that may be emitted by any air
18 contaminant source;
19 (b) establishing air quality standards;
20 (c) requiring persons engaged in operations which result in air pollution to:
21 (i) install, maintain, and use emission monitoring devices, as the board finds necessary;
22 (ii) file periodic reports containing information relating to the rate, period of emission, and
23 composition of the air contaminant; and
24 (iii) provide access to records relating to emissions which cause or contribute to air
25 pollution;
26 (d) implementing 15 U.S.C.A. 2601 et seq. Toxic Substances Control Act, Subchapter II
27 - Asbestos Hazard Emergency Response, and reviewing and approving asbestos management plans

1 submitted by local education agencies under that act;
2 (e) establishing a requirement for a diesel emission opacity inspection and maintenance
3 program for diesel-powered motor vehicles;
4 (f) implementing an operating permit program as required by and in conformity with Titles
5 IV and V of the federal Clean Air Act Amendments of 1990;
6 (g) establishing requirements for county emissions inspection and maintenance programs
7 after obtaining agreement from the counties that would be affected by the requirements; [and]
8 (h) with the approval of the governor, implementing in air quality nonattainment areas
9 employer-based trip reduction programs applicable to businesses having more than 100 employees
10 at a single location and federal, state, and local governments to the extent necessary to attain and
11 maintain ambient air quality standards consistent with the state implementation plan and federal
12 requirements subject to standards under Subsection (2); and
13 (i) establishing on or before July 31, 1999, a market-based incentive program that allows
14 trading of emissions trading units for reductions in emissions derived from a significant number
15 of different sources, including mobile, area, and stationary sources.
16 (2) When implementing Subsection (1)(h) the board shall take into consideration:
17 (a) the impact of the business on overall air quality; and
18 (b) the need of the business to use automobiles in order to carry out its business purposes.
19 (3) The board may:
20 (a) hold hearings relating to any aspect of or matter in the administration of this chapter
21 and compel the attendance of witnesses and the production of documents and other evidence,
22 administer oaths and take testimony, and receive evidence as necessary;
23 (b) issue orders necessary to enforce the provisions of this chapter, enforce the orders by
24 appropriate administrative and judicial proceedings, and institute judicial proceedings to secure
25 compliance with this chapter;
26 (c) settle or compromise any civil action initiated to compel compliance with this chapter
27 and the rules made under this chapter;
28 (d) secure necessary scientific, technical, administrative, and operational services,
29 including laboratory facilities, by contract or otherwise;
30 (e) prepare and develop a comprehensive plan or plans for the prevention, abatement, and
31 control of air pollution in this state;

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1 (f) encourage voluntary cooperation by persons and affected groups to achieve the
2 purposes of this chapter;
3 (g) encourage local units of government to handle air pollution within their respective
4 jurisdictions on a cooperative basis and provide technical and consultative assistance to them;
5 (h) encourage and conduct studies, investigations, and research relating to air
6 contamination and air pollution and their causes, effects, prevention, abatement, and control;
7 (i) determine by means of field studies and sampling the degree of air contamination and
8 air pollution in all parts of the state;
9 (j) monitor the effects of the emission of air contaminants from motor vehicles on the
10 quality of the outdoor atmosphere in all parts of this state and take appropriate action with respect
11 to them;
12 (k) collect and disseminate information and conduct educational and training programs
13 relating to air contamination and air pollution;
14 (l) advise, consult, contract, and cooperate with other agencies of the state, local
15 governments, industries, other states, interstate or interlocal agencies, the federal government, and
16 with interested persons or groups;
17 (m) consult, upon request, with any person proposing to construct, install, or otherwise
18 acquire an air contaminant source in the state concerning the efficacy of any proposed control
19 device, or system for this source, or the air pollution problem which may be related to the source,
20 device, or system, but a consultation does not relieve any person from compliance with this
21 chapter, the rules adopted under it, or any other provision of law;
22 (n) accept, receive, and administer grants or other funds or gifts from public and private
23 agencies, including the federal government, for the purpose of carrying out any of the functions
24 of this chapter;
25 (o) require the owner and operator of each new source which directly emits or has the
26 potential to emit 100 tons per year or more of any air contaminant or the owner or operator of each
27 existing source which by modification will increase emissions or have the potential of increasing
28 emissions by 100 tons per year or more of any air contaminant, to pay a fee sufficient to cover the
29 reasonable costs of:
30 (i) reviewing and acting upon the notice required under Section 19-2-108; and
31 (ii) implementing and enforcing requirements placed on the sources by any approval order

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1 issued pursuant to notice, not including any court costs associated with any enforcement action;
2 (p) assess and collect noncompliance penalties as required in Section 120 of the federal
3 Clean Air Act, 42 U.S.C. Sec. 7420;
4 (q) meet the requirements of federal air pollution laws;
5 (r) establish work practice, certification, and clearance air sampling requirements for
6 persons who:
7 (i) contract for hire to conduct demolition, renovation, salvage, encapsulation work
8 involving friable asbestos-containing materials, or asbestos inspections; or
9 (ii) conduct work described in Subsection (i) in areas to which the general public has
10 unrestrained access or in school buildings that are subject to the federal Asbestos Hazard
11 Emergency Response Act of 1986; or
12 (iii) conduct asbestos inspections in facilities subject to 15 U.S.C.A. 2601 et seq., Toxic
13 Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response;
14 (s) establish certification requirements for persons required under 15 U.S.C.A. 2601 et
15 seq., Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response, to be
16 accredited as inspectors, management planners, abatement project designers, asbestos abatement
17 contractors and supervisors, or asbestos abatement workers;
18 (t) establish certification requirements for asbestos project monitors, which shall provide
19 for experience-based certification of persons who, prior to establishment of the certification
20 requirements, had received relevant asbestos training, as defined by rule, and had acquired at least
21 1,000 hours of experience as project monitors;
22 (u) establish certification procedures and requirements for certification of the conversion
23 of a motor vehicle to a clean-fuel vehicle, certifying the vehicle is eligible for the tax credit granted
24 in Section 59-7-605 or 59-10-127; and
25 (v) establish a program to certify private sector air quality permitting professionals
26 (AQPP), as described in Section 19-2-109.5.
27 (4) Any rules adopted under this chapter shall be consistent with provisions of federal
28 laws, if any, relating to control of motor vehicles or motor vehicle emissions.
29 (5) Nothing in this chapter authorizes the board to require installation of or payment for
30 any monitoring equipment by the owner or operator of a source if the owner or operator has
31 installed or is operating monitoring equipment that is equivalent to equipment which the board

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1 would require under this section.




Legislative Review Note
as of 12-6-96 2:08 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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