Chief Sponsor: Rebecca P. Edwards

Senate Sponsor: Todd Weiler


8     General Description:
9          This bill modifies the rulemaking authority of the Division of Air Quality.
10     Highlighted Provisions:
11          This bill:
12          ▸     authorizes the Division of Air Quality to create rules that are different than
13     corresponding federal regulations if additional regulations will provide added
14     protections to public health and the environment; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          19-2-106, as renumbered and amended by Laws of Utah 1991, Chapter 112

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 19-2-106 is amended to read:
26          19-2-106. Rulemaking authority and procedure.
27          (1) [Except as provided in Subsection (2), no rule which the] (a) In carrying out the
28     duties of Section 19-2-104, the board [makes] may make rules for the purpose of administering
29     a program under the federal Clean Air Act [may be more stringent] different than the

30     corresponding federal regulations which address the same circumstances[.] if:
31          (i) the board holds a public comment period, as described in Title 63G, Chapter 3, Utah
32     Administrative Rulemaking Act, and a public hearing; and
33          (ii) the board finds that the different rule will provide reasonable added protections to
34     public health or the environment of the state or a particular region of the state.
35          (b) The board shall consider the differences between an industry that continuously
36     produces emissions and an industry that episodically produces emissions, and make rules that
37     reflect those differences.
38          (2) The findings described in Subsection (1)(a)(ii) shall be:
39          (a) in writing; and
40          (b) based on evidence, studies, or other information contained in the record that relates
41     to the state of Utah and type of source involved.
42          (3) In making rules, the board may incorporate by reference corresponding federal
43     regulations.
44          [(2) The board may make rules more stringent than corresponding federal regulations
45     for the purpose described in Subsection (1), only if it makes a written finding after public
46     comment and hearing and based on evidence in the record, that corresponding federal
47     regulations are not adequate to protect public health and the environment of the state. Those
48     findings shall be accompanied by an opinion referring to and evaluating the public health and
49     environmental information and studies contained in the record which form the basis for the
50     board's conclusion.]