H.B. 285 Enrolled

1

ASBESTOS REQUIREMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Larry B. Wiley
5 Senate Sponsor: Peter C. Knudson
6
7 LONG TITLE
8 General Description:
9 This bill prohibits the Air Quality Board from requiring asbestos testing on residential
10 properties containing four or fewer units.
11 Highlighted Provisions:
12 This bill:
13 . prohibits the Air Quality Board from requiring asbestos testing on residential
14 properties containing four or fewer units.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 19-2-104, as last amended by Laws of Utah 2009, Chapter 377
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 19-2-104 is amended to read:
25 19-2-104. Powers of board.
26 (1) The board may make rules in accordance with Title 63G, Chapter 3, Utah
27 Administrative Rulemaking Act:
28 (a) regarding the control, abatement, and prevention of air pollution from all sources
29 and the establishment of the maximum quantity of air contaminants that may be emitted by any

30 air contaminant source;
31 (b) establishing air quality standards;
32 (c) requiring persons engaged in operations which result in air pollution to:
33 (i) install, maintain, and use emission monitoring devices, as the board finds necessary;
34 (ii) file periodic reports containing information relating to the rate, period of emission,
35 and composition of the air contaminant; and
36 (iii) provide access to records relating to emissions which cause or contribute to air
37 pollution;
38 (d) implementing 15 U.S.C.A. 2601 et seq. Toxic Substances Control Act, Subchapter
39 II - Asbestos Hazard Emergency Response, and reviewing and approving asbestos management
40 plans submitted by local education agencies under that act;
41 (e) establishing a requirement for a diesel emission opacity inspection and maintenance
42 program for diesel-powered motor vehicles;
43 (f) implementing an operating permit program as required by and in conformity with
44 Titles IV and V of the federal Clean Air Act Amendments of 1990;
45 (g) establishing requirements for county emissions inspection and maintenance
46 programs after obtaining agreement from the counties that would be affected by the
47 requirements;
48 (h) with the approval of the governor, implementing in air quality nonattainment areas
49 employer-based trip reduction programs applicable to businesses having more than 100
50 employees at a single location and applicable to federal, state, and local governments to the
51 extent necessary to attain and maintain ambient air quality standards consistent with the state
52 implementation plan and federal requirements under the standards set forth in Subsection (2);
53 and
54 (i) implementing lead-based paint remediation training, certification, and performance
55 requirements in accordance with 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act,
56 Subchapter IV -- Lead Exposure Reduction, Sections 402 and 406.
57 (2) When implementing Subsection (1)(h) the board shall take into consideration:

58 (a) the impact of the business on overall air quality; and
59 (b) the need of the business to use automobiles in order to carry out its business
60 purposes.
61 (3) The board may:
62 (a) (i) hold a hearing that is not an adjudicative proceeding relating to any aspect of or
63 matter in the administration of this chapter and compel the attendance of witnesses and the
64 production of documents and other evidence, administer oaths and take testimony, and receive
65 evidence as necessary;
66 (ii) receive a proposed dispositive action from an administrative law judge as provided
67 by Section 19-1-301 ; and
68 (iii) (A) approve, approve with modifications, or disapprove a proposed dispositive
69 action; or
70 (B) return the proposed dispositive action to the administrative law judge for further
71 action as directed;
72 (b) issue orders necessary to enforce the provisions of this chapter, enforce the orders
73 by appropriate administrative and judicial proceedings, and institute judicial proceedings to
74 secure compliance with this chapter;
75 (c) settle or compromise any civil action initiated to compel compliance with this
76 chapter and the rules made under this chapter;
77 (d) secure necessary scientific, technical, administrative, and operational services,
78 including laboratory facilities, by contract or otherwise;
79 (e) prepare and develop a comprehensive plan or plans for the prevention, abatement,
80 and control of air pollution in this state;
81 (f) encourage voluntary cooperation by persons and affected groups to achieve the
82 purposes of this chapter;
83 (g) encourage local units of government to handle air pollution within their respective
84 jurisdictions on a cooperative basis and provide technical and consultative assistance to them;
85 (h) encourage and conduct studies, investigations, and research relating to air

86 contamination and air pollution and their causes, effects, prevention, abatement, and control;
87 (i) determine by means of field studies and sampling the degree of air contamination
88 and air pollution in all parts of the state;
89 (j) monitor the effects of the emission of air contaminants from motor vehicles on the
90 quality of the outdoor atmosphere in all parts of this state and take appropriate action with
91 respect to them;
92 (k) collect and disseminate information and conduct educational and training programs
93 relating to air contamination and air pollution;
94 (l) advise, consult, contract, and cooperate with other agencies of the state, local
95 governments, industries, other states, interstate or interlocal agencies, the federal government,
96 and with interested persons or groups;
97 (m) consult, upon request, with any person proposing to construct, install, or otherwise
98 acquire an air contaminant source in the state concerning the efficacy of any proposed control
99 device, or system for this source, or the air pollution problem which may be related to the
100 source, device, or system, but a consultation does not relieve any person from compliance with
101 this chapter, the rules adopted under it, or any other provision of law;
102 (n) accept, receive, and administer grants or other funds or gifts from public and
103 private agencies, including the federal government, for the purpose of carrying out any of the
104 functions of this chapter;
105 (o) require the owner and operator of each new source which directly emits or has the
106 potential to emit 100 tons per year or more of any air contaminant or the owner or operator of
107 each existing source which by modification will increase emissions or have the potential of
108 increasing emissions by 100 tons per year or more of any air contaminant, to pay a fee
109 sufficient to cover the reasonable costs of:
110 (i) reviewing and acting upon the notice required under Section 19-2-108 ; and
111 (ii) implementing and enforcing requirements placed on the sources by any approval
112 order issued pursuant to notice, not including any court costs associated with any enforcement
113 action;

114 (p) assess and collect noncompliance penalties as required in Section 120 of the federal
115 Clean Air Act, 42 U.S.C. Sec. 7420;
116 (q) meet the requirements of federal air pollution laws;
117 (r) establish work practice, certification, and clearance air sampling requirements for
118 persons who:
119 (i) contract for hire to conduct demolition, renovation, salvage, encapsulation work
120 involving friable asbestos-containing materials, or asbestos inspections;
121 (ii) conduct work described in Subsection (3)(r)(i) in areas to which the general public
122 has unrestrained access or in school buildings that are subject to the federal Asbestos Hazard
123 Emergency Response Act of 1986;
124 (iii) conduct asbestos inspections in facilities subject to 15 U.S.C.A. 2601 et seq.,
125 Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response; or
126 (iv) conduct lead paint inspections in facilities subject to 15 U.S.C.A. 2601 et seq.,
127 Toxic Substances Control Act, Subchapter IV -- Lead Exposure Reduction;
128 (s) establish certification requirements for persons required under 15 U.S.C.A. 2601 et
129 seq., Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response, to
130 be accredited as inspectors, management planners, abatement project designers, asbestos
131 abatement contractors and supervisors, or asbestos abatement workers;
132 (t) establish certification requirements for asbestos project monitors, which shall
133 provide for experience-based certification of persons who, prior to establishment of the
134 certification requirements, had received relevant asbestos training, as defined by rule, and had
135 acquired at least 1,000 hours of experience as project monitors;
136 (u) establish certification procedures and requirements for certification of the
137 conversion of a motor vehicle to a clean-fuel vehicle, certifying the vehicle is eligible for the
138 tax credit granted in Section 59-7-605 or 59-10-1009 ;
139 (v) establish a program to certify private sector air quality permitting professionals
140 (AQPP), as described in Section 19-2-109.5 ;
141 (w) establish certification requirements for persons required under 15 U.S.C.A. 2601 et

142 seq., Toxic Control Act, Subchapter IV -- Lead Exposure Reduction, to be accredited as
143 inspectors, risk assessors, supervisors, project designers, or abatement workers; and
144 (x) assist the State Board of Education in adopting school bus idling reduction
145 standards and implementing an idling reduction program in accordance with Section
146 41-6a-1308 .
147 (4) Any rules adopted under this chapter shall be consistent with provisions of federal
148 laws, if any, relating to control of motor vehicles or motor vehicle emissions.
149 (5) Nothing in this chapter authorizes the board to require installation of or payment for
150 any monitoring equipment by the owner or operator of a source if the owner or operator has
151 installed or is operating monitoring equipment that is equivalent to equipment which the board
152 would require under this section.
153 (6) The board may not require testing for asbestos or related materials on a residential
154 property with four or fewer units.