1     
AIR QUALITY MODIFICATIONS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Rebecca P. Edwards

5     
Senate Sponsor: Todd Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to air quality.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends definitions;
13          ▸     modifies the powers and duties of the Air Quality Board;
14          ▸     modifies the powers and duties of the director of the Division of Air Quality;
15          ▸     modifies provisions relating to asbestos worker certifications;
16          ▸     modifies fee provisions;
17          ▸     modifies provisions relating to asbestos testing;
18          ▸     removes outdated provisions;
19          ▸     repeals private sector air quality permitting professionals certification;
20          ▸     modifies provisions relating to controlled burning by fire departments;
21          ▸     modifies provisions relating to tax exemptions for environmental controls; and
22          ▸     makes technical and conforming changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:
28     AMENDS:
29          19-2-102, as last amended by Laws of Utah 2014, Chapter 24
30          19-2-103, as last amended by Laws of Utah 2012, Chapter 360
31          19-2-104, as last amended by Laws of Utah 2014, Chapter 230
32          19-2-105.3, as last amended by Laws of Utah 2010, Chapter 236
33          19-2-107, as last amended by Laws of Utah 2014, Chapter 230
34          19-2-108, as last amended by Laws of Utah 2012, Chapters 333 and 360
35          19-2-109.1, as last amended by Laws of Utah 2012, Chapters 360 and 369
36          19-2-109.2, as last amended by Laws of Utah 2012, Chapter 360
37          19-2-112, as last amended by Laws of Utah 2012, Chapter 333
38          19-2-113, as last amended by Laws of Utah 2011, Chapter 297
39          19-2-114, as last amended by Laws of Utah 1991, Chapter 86
40          19-2-117, as last amended by Laws of Utah 2012, Chapter 360
41          19-2-119, as renumbered and amended by Laws of Utah 1991, Chapter 112
42          19-2-120, as last amended by Laws of Utah 2012, Chapter 360
43          19-2-122, as renumbered and amended by Laws of Utah 1991, Chapter 112
44          19-12-102, as enacted by Laws of Utah 2014, Chapter 24
45          19-12-201, as enacted by Laws of Utah 2014, Chapter 24
46     REPEALS:
47          19-2-109.5, as last amended by Laws of Utah 2009, Chapters 183 and 377
48     

49     Be it enacted by the Legislature of the state of Utah:
50          Section 1. Section 19-2-102 is amended to read:
51          19-2-102. Definitions.
52          As used in this chapter:
53          [(1) "Air contaminant" means any particulate matter or any gas, vapor, suspended
54     solid, or any combination of them, excluding steam and water vapors.]
55          [(2) "Air contaminant source" means all sources of emission of air contaminants
56     whether privately or publicly owned or operated.]
57          (1) "Air pollutant" means a substance that qualifies as an air pollutant as defined in 42
58     U.S.C. Sec. 7602.
59          (2) "Air pollutant source" means private and public sources of emissions of air
60     pollutants.
61          (3) "Air pollution" means the presence [in the ambient air of one or more air
62     contaminants] of an air pollutant in the ambient air in the quantities [and], for a duration, and
63     under the conditions and circumstances [as is or tends to be] that are injurious to human health
64     or welfare, animal or plant life, or property, or would unreasonably interfere with the
65     enjoyment of life or use of property, as determined by the rules adopted by the board.
66          (4) "Ambient air" means [the surrounding or outside air] that portion of the
67     atmosphere, external to buildings, to which the general public has access.
68          (5) "Asbestos" means the asbestiform varieties of serpentine (chrysotile), riebeckite
69     (crocidolite), cummingtonite-grunerite, anthophyllite, [and] actinolite-tremolite, and libby
70     amphibole.
71          (6) "Asbestos-containing material" means [any] a material containing more than 1%
72     asbestos, as determined using the method adopted in 40 [CFR] C.F.R. Part 61, Subpart M,
73     National Emission Standard for Asbestos.
74          (7) "Asbestos inspection" means an activity undertaken to determine the presence or
75     location, or to assess the condition of, asbestos-containing material or suspected
76     asbestos-containing material, whether by visual or physical examination, or by taking samples
77     of the material.
78          (8) "Board" means the Air Quality Board.
79          (9) "Clean school bus" [has] means the same [meaning] as that term is defined in 42
80     U.S.C. Sec. 16091.
81          (10) "Director" means the director of the Division of Air Quality.
82          (11) "Division" means the Division of Air Quality created in Section 19-1-105.
83          (12) "Friable asbestos-containing material" means [any] a material containing more
84     than 1% asbestos, as determined using the method adopted in 40 [CFR] C.F.R. Part 61, Subpart
85     M, National Emission Standard for Asbestos, that hand pressure can crumble, pulverize, or
86     reduce to powder when dry.
87          (13) "Indirect source" means a facility, building, structure, or installation which attracts
88     or may attract mobile source activity that results in emissions of a pollutant for which there is a
89     national standard.
90          Section 2. Section 19-2-103 is amended to read:
91          19-2-103. Members of board -- Appointment -- Terms -- Organization -- Per diem
92     and expenses.
93          (1) The board consists of the following nine members:
94          (a) the following non-voting member, except that the member may vote to break a tie
95     vote between the voting members:
96          (i) the executive director; or
97          (ii) an employee of the department designated by the executive director; and
98          (b) the following eight voting members, who shall be appointed by the governor with
99     the consent of the Senate:
100          (i) one representative who:
101          (A) is not connected with industry;
102          (B) is an expert in air quality matters; and
103          (C) is a Utah-licensed physician, a Utah-licensed professional engineer, or a scientist
104     with relevant training and experience;
105          (ii) two government representatives who do not represent the federal government;
106          (iii) one representative from the mining industry;
107          (iv) one representative from the fuels industry;
108          (v) one representative from the manufacturing industry;
109          (vi) one representative from the public who represents:
110          (A) an environmental nongovernmental organization; or
111          (B) a nongovernmental organization that represents community interests and does not
112     represent industry interests; and
113          (vii) one representative from the public who is trained and experienced in public
114     health.
115          (2) A member of the board shall:
116          (a) be knowledgeable about air pollution matters, as evidenced by a professional
117     degree, a professional accreditation, or documented experience;
118          (b) be a resident of Utah;
119          (c) attend board meetings in accordance with the attendance rules made by the
120     department under Subsection 19-1-201(1)(d)(i)(A); and
121          (d) comply with all applicable statutes, rules, and policies, including the conflict of
122     interest rules made by the department under Subsection 19-1-201(1)(d)(i)(B).
123          (3) No more than five of the appointed members of the board shall belong to the same
124     political party.
125          (4) A majority of the members of the board may not derive any significant portion of
126     their income from persons subject to permits or orders under this chapter.
127          (5) (a) Members shall be appointed for a term of four years.
128          (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
129     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
130     board members are staggered so that half of the appointed board is appointed every two years.
131          [(c) (i) Notwithstanding Subsection (5)(a), the term of a board member who is
132     appointed before March 1, 2013, shall expire on February 28, 2013.]
133          [(ii) On March 1, 2013, the governor shall appoint or reappoint board members in
134     accordance with this section.]
135          (6) A member may serve more than one term.
136          (7) A member shall hold office until the expiration of the member's term and until the
137     member's successor is appointed, but not more than 90 days after the expiration of the
138     member's term.
139          (8) When a vacancy occurs in the membership for any reason, the replacement shall be
140     appointed for the unexpired term.
141          (9) The board shall elect annually a chair and a vice chair from its members.
142          (10) (a) The board shall meet at least quarterly.
143          (b) Special meetings may be called by the chair upon the chair's own initiative, upon
144     the request of the director, or upon the request of three members of the board.
145          (c) Three days' notice shall be given to each member of the board before [any] a
146     meeting.
147          (11) Five members constitute a quorum at [any] a meeting, and the action of a majority
148     of members present is the action of the board.
149          (12) A member may not receive compensation or benefits for the member's service, but
150     may receive per diem and travel expenses in accordance with:
151          (a) Section 63A-3-106;
152          (b) Section 63A-3-107; and
153          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
154     63A-3-107.
155          Section 3. Section 19-2-104 is amended to read:
156          19-2-104. Powers of board.
157          (1) The board may make rules in accordance with Title 63G, Chapter 3, Utah
158     Administrative Rulemaking Act:
159          (a) regarding the control, abatement, and prevention of air pollution from all sources
160     and the establishment of the maximum quantity of air [contaminants] pollutants that may be
161     emitted by [any air contaminant] an air pollutant source;
162          (b) establishing air quality standards;
163          (c) requiring persons engaged in operations [which] that result in air pollution to:
164          (i) install, maintain, and use emission monitoring devices, as the board finds necessary;
165          (ii) file periodic reports containing information relating to the rate, period of emission,
166     and composition of the air [contaminant] pollutant; and
167          (iii) provide access to records relating to emissions which cause or contribute to air
168     pollution;
169          (d) (i) implementing:
170          (A) Toxic Substances Control Act, Subchapter II, Asbestos Hazard Emergency
171     Response, 15 U.S.C. 2601 et seq.;
172          (B) 40 C.F.R. Part 763, Asbestos; and
173          (C) 40 C.F.R. Part 61, National Emission Standards for Hazardous Air Pollutants,
174     Subpart M, National Emission Standard for Asbestos; and
175          (ii) reviewing and approving asbestos management plans submitted by local education
176     agencies under the Toxic Substances Control Act, Subchapter II, Asbestos Hazard Emergency
177     Response, 15 U.S.C. 2601 et seq.;
178          (e) establishing a requirement for a diesel emission opacity inspection and maintenance
179     program for diesel-powered motor vehicles;
180          (f) implementing an operating permit program as required by and in conformity with
181     Titles IV and V of the federal Clean Air Act Amendments of 1990;
182          (g) establishing requirements for county emissions inspection and maintenance
183     programs after obtaining agreement from the counties that would be affected by the
184     requirements;
185          (h) with the approval of the governor, implementing in air quality nonattainment areas
186     employer-based trip reduction programs applicable to businesses having more than 100
187     employees at a single location and applicable to federal, state, and local governments to the
188     extent necessary to attain and maintain ambient air quality standards consistent with the state
189     implementation plan and federal requirements under the standards set forth in Subsection (2);
190          (i) implementing lead-based paint [remediation] training, certification, and
191     performance requirements in accordance with 15 U.S.C.[A.] 2601 et seq., Toxic Substances
192     Control Act, Subchapter IV -- Lead Exposure Reduction, Sections 402 and 406; and
193          (j) to implement the requirements of Section 19-2-107.5.
194          (2) When implementing Subsection (1)(h) the board shall take into consideration:
195          (a) the impact of the business on overall air quality; and
196          (b) the need of the business to use automobiles in order to carry out its business
197     purposes.
198          (3) (a) The board may:
199          (i) hold a hearing that is not an adjudicative proceeding relating to any aspect of, or
200     matter in, the administration of this chapter;
201          (ii) [order] recommend that the director [to]:
202          (A) issue orders necessary to enforce the provisions of this chapter;
203          (B) enforce the orders by appropriate administrative and judicial proceedings; [or]
204          (C) institute judicial proceedings to secure compliance with this chapter; or
205          [(iii)] (D) advise, consult, contract, and cooperate with other agencies of the state, local
206     governments, industries, other states, interstate or interlocal agencies, the federal government,
207     or interested persons or groups[.]; and
208          (iii) establish certification requirements for asbestos project monitors, which shall
209     provide for experience-based certification of a person who:
210          (A) receives relevant asbestos training, as defined by rule; and
211          (B) has acquired a minimum of 1,000 hours of asbestos project monitoring related
212     work experience.
213          (b) The board shall:
214          (i) to ensure compliance with applicable statutes and regulations:
215          (A) review a settlement negotiated by the director in accordance with Subsection
216     19-2-107(2)(b)(viii) that requires a civil penalty of $25,000 or more; and
217          (B) approve or disapprove the settlement;
218          (ii) encourage voluntary cooperation by persons and affected groups to achieve the
219     purposes of this chapter;
220          [(iii) require the owner and operator of each new source which directly emits or has the
221     potential to emit 100 tons per year or more of any air contaminant or the owner or operator of
222     each existing source which by modification will increase emissions or have the potential of
223     increasing emissions by 100 tons per year or more of any air contaminant, to pay a fee
224     sufficient to cover the reasonable costs of:]
225          [(A) reviewing and acting upon the notice required under Section 19-2-108; and]
226          [(B) implementing and enforcing requirements placed on the sources by any approval
227     order issued pursuant to notice, not including any court costs associated with any enforcement
228     action;]
229          [(iv)] (iii) meet the requirements of federal air pollution laws;
230          [(v)] (iv) by rule in accordance with Title 63G, Chapter 3, Utah Administrative
231     Rulemaking Act, establish work practice[,] and certification[, and clearance air sampling]
232     requirements for persons who:
233          (A) contract for hire to conduct demolition, renovation, salvage, encapsulation work
234     involving friable asbestos-containing materials, or asbestos inspections if:
235          (I) the contract work is done on a site other than a residential property with four or
236     fewer units; or
237          (II) the contract work is done on a residential property with four or fewer units where a
238     tested sample contained greater than 1% of asbestos;
239          (B) conduct work described in Subsection (3)(b)[(v)](iv)(A) in areas to which the
240     general public has unrestrained access or in school buildings that are subject to the federal
241     Asbestos Hazard Emergency Response Act of 1986;
242          (C) conduct asbestos inspections in facilities subject to 15 U.S.C.[A.] 2601 et seq.,
243     Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response; or
244          (D) conduct lead-based paint inspections in facilities subject to 15 U.S.C.[A.] 2601 et
245     seq., Toxic Substances Control Act, Subchapter IV -- Lead Exposure Reduction;
246          [(vi)] (v) establish certification requirements for [persons] a person required under 15
247     U.S.C.[A.] 2601 et seq., Toxic Substances Control Act, Subchapter II - Asbestos Hazard
248     Emergency Response, to be accredited as [inspectors, management planners, abatement project
249     designers, asbestos abatement contractors and supervisors, or asbestos abatement workers] an
250     inspector, management planner, abatement project designer, asbestos abatement contractor and
251     supervisor, or an asbestos abatement worker;
252          [(vii) establish certification requirements for asbestos project monitors, which shall
253     provide for experience-based certification of persons who, prior to establishment of the
254     certification requirements, had received relevant asbestos training, as defined by rule, and had
255     acquired at least 1,000 hours of experience as project monitors;]
256          [(viii)] (vi) establish certification procedures and requirements for certification of the
257     conversion of a motor vehicle to a clean-fuel vehicle, certifying the vehicle is eligible for the
258     tax credit granted in Section 59-7-605 or 59-10-1009;
259          [(ix) establish a program to certify private sector air quality permitting professionals
260     (AQPP), as described in Section 19-2-109.5;]
261          [(x)] (vii) establish certification requirements for [persons] a person required under 15
262     U.S.C.[A.] 2601 et seq., Toxic Control Act, Subchapter IV -[-] Lead Exposure Reduction, to be
263     accredited as [inspectors, risk assessors, supervisors, project designers, or abatement workers]
264     an inspector, risk assessor, supervisor, project designer, abatement worker, renovator, or dust
265     sampling technician; and
266          [(xi)] (viii) assist the State Board of Education in adopting school bus idling reduction
267     standards and implementing an idling reduction program in accordance with Section
268     41-6a-1308.
269          (4) [Any rules] A rule adopted under this chapter shall be consistent with provisions of
270     federal laws, if any, relating to control of motor vehicles or motor vehicle emissions.
271          (5) Nothing in this chapter authorizes the board to require installation of or payment for
272     any monitoring equipment by the owner or operator of a source if the owner or operator has
273     installed or is operating monitoring equipment that is equivalent to equipment which the board
274     would require under this section.
275          (6) (a) The board may not require testing for asbestos or related materials on a
276     residential property with four or fewer units, unless:
277          (i) the property's construction was completed before January 1, 1981; or
278          (ii) the testing is for:
279          [(A) a sprayed acoustical ceiling;]
280          [(B) transite siding;]
281          [(C) vinyl floor tile;]
282          (A) a sprayed-on or painted on ceiling treatment that contained or may contain asbestos
283     fiber;
284          (B) asbestos cement siding or roofing materials;
285          (C) resilient flooring products including vinyl asbestos tile, sheet vinyl products,
286     resilient flooring backing material, whether attached or unattached, and mastic;
287          (D) thermal-system insulation or tape on a duct or furnace; or
288          (E) vermiculite type insulation materials.
289          (b) A residential property with four or fewer units is subject to an abatement rule made
290     under Subsection (1) or (3)(b)[(v)](iv) if:
291          (i) a sample from the property is tested for asbestos; and
292          (ii) the sample contains asbestos measuring greater than 1%.
293          (7) The board may not issue, amend, renew, modify, revoke, or terminate any of the
294     following that are subject to the authority granted to the director under Section 19-2-107 or
295     19-2-108:
296          (a) a permit;
297          (b) a license;
298          (c) a registration;
299          (d) a certification; or
300          (e) another administrative authorization made by the director.
301          (8) A board member may not speak or act for the board unless the board member is
302     authorized by a majority of a quorum of the board in a vote taken at a meeting of the board.
303          (9) Notwithstanding Subsection (7), the board may exercise all authority granted to the
304     board by a federally enforceable state implementation plan.
305          Section 4. Section 19-2-105.3 is amended to read:
306          19-2-105.3. Clean fuel requirements for fleets.
307          (1) As used in this section:
308          (a) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990.
309          (b) "Clean fuel" means:
310          (i) propane, compressed natural gas, or electricity;
311          (ii) other fuel the [Air Quality Board created in Title 19, Chapter 2, Air Conservation
312     Act,] board determines annually on or before July 1 is at least as effective as fuels under
313     Subsection (1)(b)(i) in reducing air pollution; and
314          (iii) other fuel that meets the clean fuel vehicle standards in the 1990 Clean Air Act.
315          (c) "Fleet" means 10 or more vehicles:
316          (i) owned or operated by a single entity as defined by board rule; and
317          (ii) capable of being fueled or that are fueled at a central location.
318          (d) "Fleet" does not include motor vehicles that are:
319          (i) held for lease or rental to the general public;
320          (ii) held for sale or used as demonstration vehicles by motor vehicle dealers;
321          (iii) used by motor vehicle manufacturers for product evaluations or tests;
322          (iv) authorized emergency vehicles as defined in Section 41-6a-102;
323          (v) registered under Title 41, Chapter 1a, Part 2, Registration, as farm vehicles;
324          (vi) special mobile equipment as defined in Section 41-1a-102;
325          (vii) heavy duty trucks with a gross vehicle weight rating of more than 26,000 pounds;
326          (viii) regularly used by employees to drive to and from work, parked at the employees'
327     personal residences when they are not at their employment, and not practicably fueled at a
328     central location;
329          (ix) owned, operated, or leased by public transit districts; or
330          (x) exempted by board rule.
331          (2) (a) After evaluation of reasonably available pollution control strategies, and as part
332     of the state implementation plan demonstrating attainment of the national ambient air quality
333     standards, the board may by rule[, subject to Subsection (2)(c),] require fleets in specified
334     geographical areas to use clean fuels if the board determines fleet use of clean fuels is:
335          (i) necessary to demonstrate attainment of the national ambient air quality standards in
336     [any] an area where they are required; and
337          (ii) reasonably cost effective when compared to other similarly beneficial control
338     strategies for demonstrating attainment of the national ambient air quality standards.
339          [(b) State implementation plans developed prior to July 1, 1995, may require fleets to
340     use clean fuels no earlier than July 1, 1995, unless the board determines fleet use of clean fuels
341     is necessary prior to July 1, 1995, to demonstrate attainment of the national ambient air quality
342     standards in any area by an attainment date established by federal law.]
343          [(c) The board may not require more than 50% of those trucks in a fleet that are heavy
344     duty trucks having a gross vehicle weight rating of more than 8,500 pounds and not more than
345     26,000 pounds to convert to clean fuels under Subsection (2)(b).]
346          [(d)] (b) A vehicle retrofit to operate on compressed natural gas in accordance with
347     Section 19-1-406 qualifies as a clean fuel vehicle under this section.
348          (3) [(a)] After evaluation of reasonably available pollution control strategies, and as
349     part of a state implementation plan demonstrating only maintenance of the national ambient air
350     quality standards, the board may by rule[, subject to Subsection (3)(b),] require fleets in
351     specified geographical areas to use clean fuels if the board determines fleet use of clean fuels
352     is:
353          [(i)] (a) necessary to demonstrate maintenance of the national ambient air quality
354     standards in [any] an area where they are required; and
355          [(ii)] (b) reasonably cost effective as compared with other similarly beneficial control
356     strategies for demonstrating maintenance of the national ambient air quality standards.
357          [(b) Under Subsection (3)(a) the board may require no more than:]
358          [(i) 30% of a fleet to use clean fuels before January 1, 1998;]
359          [(ii) 50% of a fleet to use clean fuels before January 1, 1999; and]
360          [(iii) 70% of a fleet to use clean fuels before January 1, 2000.]
361          [(c) The board may not require more than 50% of those trucks in a fleet that are heavy
362     duty trucks having a gross vehicle weight rating of more than 8,500 pounds and not more than
363     26,000 pounds to convert to clean fuels under Subsection (3)(b).]
364          (4) Rules the board makes under this section may include:
365          (a) dates by which fleets are required to convert to clean fuels under the provisions of
366     this section;
367          (b) definitions of fleet owners or operators;
368          (c) definitions of vehicles exempted from this section by rule;
369          (d) certification requirements for persons who install clean fuel conversion equipment,
370     including testing and certification standards regarding installers; and
371          (e) certification fees for installers, established under Section 63J-1-504.
372          (5) Implementation of this section and rules made under this section are subject to the
373     reasonable availability of clean fuel in the local market as determined by the board.
374          Section 5. Section 19-2-107 is amended to read:
375          19-2-107. Director -- Appointment -- Powers.
376          (1) The executive director shall appoint the director. The director shall serve under the
377     administrative direction of the executive director.
378          (2) (a) The director shall:
379          (i) prepare and develop comprehensive plans for the prevention, abatement, and control
380     of air pollution in Utah;
381          (ii) advise, consult, and cooperate with other agencies of the state, the federal
382     government, other states and interstate agencies, and affected groups, political subdivisions,
383     and industries in furtherance of the purposes of this chapter;
384          (iii) review plans, specifications, or other data relative to air pollution control [systems]
385     equipment or any part of the [systems provided in this chapter] air pollution control equipment;
386          (iv) under the direction of the executive director, represent the state in all matters
387     relating to interstate air pollution, including interstate compacts and similar agreements;
388          (v) secure necessary scientific, technical, administrative, and operational services,
389     including laboratory facilities, by contract or otherwise;
390          (vi) encourage voluntary cooperation by persons and affected groups to achieve the
391     purposes of this chapter;
392          (vii) encourage local units of government to handle air pollution within their respective
393     jurisdictions on a cooperative basis and provide technical and consulting assistance to them;
394          (viii) determine by means of field studies and sampling the degree of air contamination
395     and air pollution in all parts of the state;
396          (ix) monitor the effects of the emission of air [contaminants] pollutants from motor
397     vehicles on the quality of the outdoor atmosphere in all parts of Utah and take appropriate
398     responsive action;
399          (x) collect and disseminate information relating to air contamination and air pollution
400     and conduct educational and training programs relating to air contamination and air pollution;
401          (xi) assess and collect noncompliance penalties as required in Section 120 of the
402     federal Clean Air Act, 42 U.S.C. Section 7420;
403          (xii) comply with the requirements of federal air pollution laws;
404          (xiii) subject to the provisions of this chapter, enforce rules through the issuance of
405     orders, including:
406          (A) prohibiting or abating discharges of wastes affecting ambient air;
407          (B) requiring the construction of new control facilities or any parts of new control
408     facilities or the modification, extension, or alteration of existing control facilities or any parts
409     of new control facilities; or
410          (C) adopting other remedial measures to prevent, control, or abate air pollution; and
411          (xiv) as authorized by the board and subject to the provisions of this chapter, act as
412     executive secretary of the board under the direction of the chairman of the board.
413          (b) The director may:
414          (i) employ full-time, temporary, part-time, and contract employees necessary to carry
415     out this chapter;
416          (ii) subject to the provisions of this chapter, authorize [any] an employee or
417     representative of the department to enter at reasonable time and upon reasonable notice in or
418     upon public or private property for the purposes of inspecting and investigating conditions and
419     plant records concerning possible air pollution;
420          (iii) encourage, participate in, or conduct studies, investigations, research, and
421     demonstrations relating to air pollution and its causes, effects, prevention, abatement, and
422     control, as advisable and necessary for the discharge of duties assigned under this chapter,
423     including the establishment of inventories of pollution sources;
424          (iv) collect and disseminate information relating to air pollution and the prevention,
425     control, and abatement of it;
426          (v) cooperate with studies and research relating to air pollution and its control,
427     abatement, and prevention;
428          (vi) subject to Subsection (3), upon request, consult concerning the following with
429     [any] a person proposing to construct, install, or otherwise acquire an air [contaminant]
430     pollutant source in Utah:
431          (A) the efficacy of [any] proposed [control device or proposed control system] air
432     pollution control equipment for the source; or
433          (B) the air pollution problem that may be related to the source[, device, or system];
434          (vii) accept, receive, and administer grants or other funds or gifts from public and
435     private agencies, including the federal government, for the purpose of carrying out any of the
436     functions of this chapter;
437          (viii) subject to Subsection 19-2-104(3)(b)(i), settle or compromise [any] a civil action
438     initiated by the division to compel compliance with this chapter or the rules made under this
439     chapter; or
440          (ix) [as authorized by the board and] subject to the provisions of this chapter, exercise
441     all incidental powers necessary to carry out the purposes of this chapter, including certification
442     to [any] state or federal authorities for tax purposes [the fact of construction, installation, or
443     acquisition of any facility, land, building, machinery, or equipment or any part of them, in
444     conformity with this chapter] that air pollution control equipment has been certified in
445     conformity with Title 19, Chapter 12, Pollution Control Act.
446          (3) A consultation described in Subsection (2)(b)(vi) does not relieve a person from the
447     requirements of this chapter, the rules adopted under this chapter, or any other provision of
448     law.
449          Section 6. Section 19-2-108 is amended to read:
450          19-2-108. Notice of construction or modification of installations required --
451     Authority of director to prohibit construction -- Hearings -- Limitations on authority of
452     director -- Inspections authorized.
453          (1) Notice shall be given to the director by [any] a person planning to construct a new
454     installation which will or might reasonably be expected to be a source or indirect source of air
455     pollution or to make modifications to an existing installation which will or might reasonably be
456     expected to increase the amount of or change the character or effect of air [contaminants]
457     pollutants discharged, so that the installation may be expected to be a source or indirect source
458     of air pollution, or by [any] a person planning to install an air cleaning device or other
459     equipment intended to control emission of air [contaminants] pollutants.
460          (2) (a) [(i)] The director may require, as a condition precedent to the construction,
461     modification, installation, or establishment of the air [contaminant] pollutant source or indirect
462     source, the submission of plans, specifications, and other information as he finds necessary to
463     determine whether the proposed construction, modification, installation, or establishment will
464     be in accord with applicable rules in force under this chapter.
465          [(ii) Plan approval for an indirect source may be delegated by the director to a local
466     authority when requested and upon assurance that the local authority has and will maintain
467     sufficient expertise to insure that the planned installation will meet the requirements
468     established by law.]
469          (b) If within 90 days after the receipt of plans, specifications, or other information
470     required under this subsection, the director determines that the proposed construction,
471     installation, or establishment or any part of it will not be in accord with the requirements of this
472     chapter or applicable rules or that further time, not exceeding three extensions of 30 days each,
473     is required by the director to adequately review the plans, specifications, or other information,
474     he shall issue an order prohibiting the construction, installation, or establishment of the air
475     [contaminant] pollutant source or sources in whole or in part.
476          (3) In addition to any other remedies, [any] a person aggrieved by the issuance of an
477     order either granting or denying a request for the construction of a new installation, and prior to
478     invoking any such other remedies shall, upon request, in accordance with the rules of the
479     department, be entitled to a permit review adjudicative proceeding conducted by an
480     administrative law judge as provided by Section 19-1-301.5.
481          (4) Any features, machines, and devices constituting parts of or called for by plans,
482     specifications, or other information submitted under Subsection (1) shall be maintained in good
483     working order.
484          (5) This section does not authorize the director to require the use of machinery,
485     devices, or equipment from a particular supplier or produced by a particular manufacturer if the
486     required performance standards may be met by machinery, devices, or equipment otherwise
487     available.
488          (6) (a) [Any] An authorized officer, employee, or representative of the director may
489     enter and inspect any property, premise, or place on or at which an air [contaminant] pollutant
490     source is located or is being constructed, modified, installed, or established at any reasonable
491     time for the purpose of ascertaining the state of compliance with this chapter and the rules
492     adopted under it.
493          (b) (i) A person may not refuse entry or access to [any] an authorized representative of
494     the director who requests entry for purposes of inspection and who presents appropriate
495     credentials.
496          (ii) A person may not obstruct, hamper, or interfere with [any] an inspection.
497          (c) If requested, the owner or operator of the premises shall receive a report setting
498     forth all facts found which relate to compliance status.
499          Section 7. Section 19-2-109.1 is amended to read:
500          19-2-109.1. Operating permit required -- Emissions fee -- Implementation.
501          (1) As used in this section and Sections 19-2-109.2 and 19-2-109.3:
502          [(a) "EPA" means the federal Environmental Protection Agency.]
503          [(b) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990.]
504          (a) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990.
505          (b) "EPA" means the federal Environmental Protection Agency.
506          (c) "Operating permit" means a permit issued by the director to sources of air pollution
507     that meet the requirements of Titles IV and V of the 1990 Clean Air Act.
508          (d) "Program" means the air pollution operating permit program established under this
509     section to comply with Title V of the 1990 Clean Air Act.
510          (e) "Regulated pollutant" [has the same meaning] means the same as that term is
511     defined in Title V of the 1990 Clean Air Act and implementing federal regulations.
512          (2) [(a)] A person may not operate [any] a source of air pollution required to have a
513     permit under Title V of the 1990 Clean Air Act without having obtained an operating permit
514     from the director under procedures the board establishes by rule.
515          [(b) A person is not required to submit an operating permit application until the
516     governor has submitted an operating permit program to the EPA.]
517          [(c) Any operating permit issued under this section may not become effective until the
518     day after the EPA issues approval of the permit program or November 15, 1995, whichever
519     occurs first.]
520          (3) (a) Operating permits issued under this section shall be for a period of five years
521     unless the director makes a written finding, after public comment and hearing, and based on
522     substantial evidence in the record, that an operating permit term of less than five years is
523     necessary to protect the public health and the environment of the state.
524          (b) The director may issue, modify, or renew an operating permit only after providing
525     public notice, an opportunity for public comment, and an opportunity for a public hearing.
526          (c) The director shall, in conformity with the 1990 Clean Air Act and implementing
527     federal regulations, revise the conditions of issued operating permits to incorporate applicable
528     federal regulations in conformity with Section 502(b)(9) of the 1990 Clean Air Act, if the
529     remaining period of the permit is three or more years.
530          (d) The director may terminate, modify, revoke, or reissue an operating permit for
531     cause.
532          (4) (a) The board shall establish a proposed annual emissions fee that conforms with
533     Title V of the 1990 Clean Air Act for each ton of regulated pollutant, applicable to all sources
534     required to obtain a permit. The emissions fee established under this section is in addition to
535     fees assessed under Section 19-2-108 for issuance of an approval order.
536          (b) In establishing the fee the board shall comply with the provisions of Section
537     63J-1-504 that require a public hearing and require the established fee to be submitted to the
538     Legislature for its approval as part of the department's annual appropriations request.
539          (c) The fee shall cover all reasonable direct and indirect costs required to develop and
540     administer the program and the small business assistance program established under Section
541     19-2-109.2. The director shall prepare an annual report of the emissions fees collected and the
542     costs covered by those fees under this Subsection (4).
543          (d) The fee shall be established uniformly for all sources required to obtain an
544     operating permit under the program and for all regulated pollutants.
545          (e) The fee may not be assessed for emissions of any regulated pollutant if the
546     emissions are already accounted for within the emissions of another regulated pollutant.
547          (f) An emissions fee may not be assessed for any amount of a regulated pollutant
548     emitted by any source in excess of 4,000 tons per year of that regulated pollutant.
549          (5) Emissions fees [accrued on and after July 1, 1993, but before issuance of an
550     operating permit, shall be based on the most recent emissions inventory, unless a source elects
551     before July 1, 1992, to base the fee on allowable emissions, if applicable for a regulated
552     pollutant. (6) After an operating permit is issued the emissions fee] shall be based on actual
553     emissions for a regulated pollutant unless a source elects, prior to the issuance or renewal of a
554     permit, to base the fee during the period of the permit on allowable emissions for that regulated
555     pollutant.
556          [(7)] (6) If the owner or operator of a source subject to this section fails to timely pay
557     an annual emissions fee, the director may:
558          (a) impose a penalty of not more than 50% of the fee, in addition to the fee, plus
559     interest on the fee computed at 12% annually; or
560          (b) revoke the operating permit.
561          [(8)] (7) The owner or operator of a source subject to this section may contest an
562     emissions fee assessment or associated penalty in an adjudicative hearing under the Title 63G,
563     Chapter 4, Administrative Procedures Act, and Section 19-1-301, as provided in this
564     Subsection [(8)] (7).
565          (a) The owner or operator shall pay the fee under protest prior to being entitled to a
566     hearing. Payment of an emissions fee or penalty under protest is not a waiver of the right to
567     contest the fee or penalty under this section.
568          (b) A request for a hearing under this Subsection [(8)] (7) shall be made after payment
569     of the emissions fee and within six months after the emissions fee was due.
570          [(9)] (8) To reinstate an operating permit revoked under Subsection [(7)] (6) the owner
571     or operator shall pay all outstanding emissions fees, a penalty of not more than 50% of all
572     outstanding fees, and interest on the outstanding emissions fees computed at 12% annually.
573          [(10)] (9) All emissions fees and penalties collected by the department under this
574     section shall be deposited in the General Fund as the Air Pollution Operating Permit Program
575     dedicated credit to be used solely to pay for the reasonable direct and indirect costs incurred by
576     the department in developing and administering the program and the small business assistance
577     program under Section 19-2-109.2.
578          [(11)] (10) Failure of the director to act on [any] an operating permit application or
579     renewal is a final administrative action only for the purpose of obtaining judicial review by any
580     of the following persons to require the director to take action on the permit or its renewal
581     without additional delay:
582          (a) the applicant;
583          (b) [any] a person who participated in the public comment process; or
584          (c) [any other] a person who could obtain judicial review of that action under
585     applicable law.
586          Section 8. Section 19-2-109.2 is amended to read:
587          19-2-109.2. Small business assistance program.
588          (1) The [board] division shall establish a small business stationary source technical and
589     environmental compliance assistance program that conforms with Title V of the 1990 Clean
590     Air Act to assist small businesses to comply with state and federal air pollution laws.
591          (2) There is created the Compliance Advisory Panel to advise and monitor the program
592     created in Subsection (1). The seven panel members are:
593          (a) two members who are not owners or representatives of owners of small business
594     stationary air pollution sources, selected by the governor to represent the general public;
595          (b) four members who are owners or who represent owners of small business stationary
596     sources selected by leadership of the Utah Legislature as follows:
597          (i) one member selected by the majority leader of the Senate;
598          (ii) one member selected by the minority leader of the Senate;
599          (iii) one member selected by the majority leader of the House of Representatives; and
600          (iv) one member selected by the minority leader of the House of Representatives; and
601          (c) one member selected by the executive director to represent the Division of Air
602     Quality, Department of Environmental Quality.
603          (3) (a) Except as required by Subsection (3)(b), as terms of current panel members
604     expire, the department shall appoint each new member or reappointed member to a four-year
605     term.
606          (b) Notwithstanding the requirements of Subsection (3)(a), the department shall, at the
607     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
608     panel members are staggered so that approximately half of the panel is appointed every two
609     years.
610          (4) Members may serve more than one term.
611          (5) Members shall hold office until the expiration of their terms and until their
612     successors are appointed, but not more than 90 days after the expiration of their terms.
613          (6) When a vacancy occurs in the membership for any reason, the replacement shall be
614     appointed for the unexpired term.
615          (7) Every two years, the panel shall elect a chair from its members.
616          (8) (a) The panel shall meet as necessary to carry out its duties. Meetings may be
617     called by the chair, the director, or upon written request of three of the members of the panel.
618          (b) Three days' notice shall be given to each member of the panel prior to a meeting.
619          (9) Four members constitute a quorum at [any] a meeting, and the action of the
620     majority of members present is the action of the panel.
621          (10) A member may not receive compensation or benefits for the member's service, but
622     may receive per diem and travel expenses in accordance with:
623          (a) Section 63A-3-106;
624          (b) Section 63A-3-107; and
625          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
626     63A-3-107.
627          Section 9. Section 19-2-112 is amended to read:
628          19-2-112. Generalized condition of air pollution creating emergency -- Sources
629     causing imminent danger to health -- Powers of executive director -- Declaration of
630     emergency.
631          (1) (a) Title 63G, Chapter 4, Administrative Procedures Act, and any other provision of
632     law to the contrary notwithstanding, if the executive director finds that a generalized condition
633     of air pollution exists and that it creates an emergency requiring immediate action to protect
634     human health or safety, the executive director, with the concurrence of the governor, shall
635     order persons causing or contributing to the air pollution to reduce or discontinue immediately
636     the emission of air [contaminants] pollutants.
637          (b) The order shall fix a place and time, not later than 24 hours after its issuance, for a
638     hearing to be held before the governor.
639          (c) Not more than 24 hours after the commencement of this hearing, and without
640     adjournment of it, the governor shall affirm, modify, or set aside the order of the executive
641     director.
642          (2) (a) In the absence of a generalized condition of air pollution referred to in
643     Subsection (1), but if the executive director finds that emissions from the operation of one or
644     more air [contaminant] pollutant sources is causing imminent danger to human health or safety,
645     the executive director may commence adjudicative proceedings under Section 63G-4-502.
646          (b) Notwithstanding Section 19-1-301 or 19-1-301.5, the executive director may
647     conduct the emergency adjudicative proceeding in place of an administrative law judge.
648          (3) Nothing in this section limits any power that the governor or any other officer has
649     to declare an emergency and act on the basis of that declaration.
650          Section 10. Section 19-2-113 is amended to read:
651          19-2-113. Variances -- Judicial review.
652          (1) (a) [Any] A person who owns or is in control of [any] a plant, building, structure,
653     establishment, process, or equipment may apply to the board for a variance from its rules.
654          (b) The board may grant the requested variance following an announced public
655     meeting, if it finds, after considering the endangerment to human health and safety and other
656     relevant factors, that compliance with the rules from which variance is sought would produce
657     serious hardship without equal or greater benefits to the public.
658          (2) A variance may not be granted under this section until the board has considered the
659     relative interests of the applicant, other owners of property likely to be affected by the
660     discharges, and the general public.
661          (3) [Any] A variance or renewal of a variance shall be granted within the requirements
662     of Subsection (1) and for time periods and under conditions consistent with the reasons for it,
663     and within the following limitations:
664          (a) if the variance is granted on the grounds that there are no practicable means known
665     or available for the adequate prevention, abatement, or control of the air pollution involved, it
666     shall be only until the necessary means for prevention, abatement, or control become known
667     and available, and subject to the taking of any substitute or alternate measures that the board
668     may prescribe;
669          (b) (i) if the variance is granted on the grounds that compliance with the requirements
670     from which variance is sought will require that measures, because of their extent or cost, must
671     be spread over a long period of time, the variance shall be granted for a reasonable time that, in
672     the view of the board, is required for implementation of the necessary measures; and
673          (ii) a variance granted on this ground shall contain a timetable for the implementation
674     of remedial measures in an expeditious manner and shall be conditioned on adherence to the
675     timetable; or
676          (c) if the variance is granted on the ground that it is necessary to relieve or prevent
677     hardship of a kind other than that provided for in Subsection (3)(a) or (b), it may not be granted
678     for more than one year.
679          (4) (a) [Any] A variance granted under this section may be renewed on terms and
680     conditions and for periods that would be appropriate for initially granting a variance.
681          (b) If a complaint is made to the board because of the variance, a renewal may not be
682     granted unless, following an announced public meeting, the board finds that renewal is
683     justified.
684          (c) To receive a renewal, an applicant shall submit a request for agency action to the
685     board requesting a renewal.
686          (d) Immediately upon receipt of an application for renewal, the board shall give public
687     notice of the application as required by its rules.
688          (5) (a) A variance or renewal is not a right of the applicant or holder but may be
689     granted at the board's discretion.
690          (b) A person aggrieved by the board's decision may obtain judicial review.
691          (c) Venue for judicial review of informal adjudicative proceedings is in the district
692     court in which the air [contaminant] pollutant source is situated.
693          (6) (a) The board may review [any] a variance during the term for which it was granted.
694          (b) The review procedure is the same as that for an original application.
695          (c) The variance may be revoked upon a finding that:
696          (i) the nature or amount of emission has changed or increased; or
697          (ii) if facts existing at the date of the review had existed at the time of the original
698     application, the variance would not have been granted.
699          (7) Nothing in this section and no variance or renewal granted pursuant to it shall be
700     construed to prevent or limit the application of the emergency provisions and procedures of
701     Section 19-2-112 to [any] a person or property.
702          Section 11. Section 19-2-114 is amended to read:
703          19-2-114. Activities not in violation of chapter or rules.
704          The following are not a violation of this chapter or of [any rules] a rule made under it:
705          (1) burning incident to horticultural or agricultural operations of:
706          (a) prunings from trees, bushes, and plants; or
707          (b) dead or diseased trees, bushes, and plants, including stubble;
708          (2) burning of weed growth along ditch banks incident to clearing these ditches for
709     irrigation purposes;
710          (3) controlled heating of orchards or other crops to lessen the chances of their being
711     frozen so long as the emissions from this heating do not violate minimum standards set by the
712     board; and
713          (4) the controlled burning of not more than two structures per year by an organized and
714     operating fire department for the purpose of training fire service personnel when the United
715     States Weather Service clearing index for the area where the burn is to occur is above 500.
716          Section 12. Section 19-2-117 is amended to read:
717          19-2-117. Attorney general as legal advisor to board -- Duties of attorney general
718     and county attorneys.
719          (1) [The] Except as provided in Section 63G-7-902, the attorney general is the legal
720     advisor to the board and the director and shall defend them or any of them in all actions or
721     proceedings brought against them or any of them.
722          (2) The county attorney in the county in which a cause of action arises may, upon
723     request of the board or the director, bring [any] an action, civil or criminal, to abate a condition
724     which exists in violation of, or to prosecute for the violation of or to enforce, this chapter or the
725     standards, orders, or rules of the board or the director issued under this chapter.
726          (3) The director may bring [any] an action and be represented by the attorney general.
727          (4) In the event [any] a person fails to comply with a cease and desist order of the
728     board or the director that is not subject to a stay pending administrative or judicial review, the
729     director may initiate an action for, and is entitled to, injunctive relief to prevent any further or
730     continued violation of the order.
731          Section 13. Section 19-2-119 is amended to read:
732          19-2-119. Civil or criminal remedies not excluded -- Actionable rights under
733     chapter -- No liability for acts of God or other catastrophes.
734          (1) Existing civil or criminal remedies for [any] a wrongful action [which] that is a
735     violation of [any part of] the law are not excluded by this chapter.
736          (2) [Persons] Except as provided in Sections 19-1-301 and 19-1-301.5, and rules
737     implementing those provisions, persons other than the state or the board do not acquire
738     actionable rights by virtue of this chapter.
739          (3) The liabilities imposed for violation of this chapter are not imposed for [any] a
740     violation caused by an act of God, war, strike, riot, or other catastrophe.
741          Section 14. Section 19-2-120 is amended to read:
742          19-2-120. Information required of owners or operators of air pollutant sources.
743          The owner or operator of [any] a stationary air [contaminant] pollutant source in the
744     state shall furnish to the director the reports required by rules made in accordance with Section
745     19-2-104 and any other information the director finds necessary to determine whether the
746     source is in compliance with state and federal regulations and standards. The information shall
747     be correlated with applicable emission standards or limitations and shall be available to the
748     public during normal business hours at the office of the division.
749          Section 15. Section 19-2-122 is amended to read:
750          19-2-122. Cooperative agreements between political subdivisions and
751     department.
752          (1) [Any] A political subdivision of the state may enter into and perform, with other
753     political subdivisions of the state or with the department, contracts and agreements as they find
754     proper for establishing, planning, operating, and financing air pollution programs.
755          (2) The agreements may provide for an agency to:
756          (a) supervise and operate an air pollution program;
757          (b) prescribe[, subject to the approval of the board,] the agency's powers and duties;
758     and
759          (c) fix the compensation of the agency's members and employees.
760          Section 16. Section 19-12-102 is amended to read:
761          19-12-102. Definitions.
762          As used in this chapter:
763          (1) "Air [contaminant" is as] pollutant" means the same as that term is defined in
764     Section 19-2-102.
765          (2) "Air [contaminant] pollutant source" [is as] means the same as that term is defined
766     in Section 19-2-102.
767          (3) "Air pollution" [is as] means the same as that term is defined in Section 19-2-102.
768          (4) "Director" means:
769          (a) for purposes of an application or certification under this chapter related to air
770     pollution, the director of the Division of Air Quality; or
771          (b) for purposes of an application or certification under this chapter related to water
772     pollution, the director of the Division of Water Quality.
773          (5) (a) "Freestanding pollution control property" means tangible personal property
774     located in the state, regardless of whether a purchaser purchases the tangible personal property
775     voluntarily or to comply with a requirement of a governmental entity, if:
776          (i) the primary purpose of the tangible personal property is the prevention, control, or
777     reduction of air or water pollution by:
778          (A) the disposal or elimination of, or redesign to eliminate, waste, and the use of
779     treatment works for industrial waste; or
780          (B) the disposal, elimination, or reduction of, or redesign to eliminate or reduce, air
781     [contaminants] pollutants, air pollution, or air contamination sources, and the use of one or
782     more air cleaning devices; and
783          (ii) the tangible personal property is not used at, in the construction of, or incorporated
784     into a pollution control facility.
785          (b) "Freestanding pollution control property" does not include:
786          (i) a consumable:
787          (A) chemical that is not reusable;
788          (B) cleaning material that is not reusable; or
789          (C) supply that is not reusable;
790          (ii) the following used for human waste:
791          (A) a septic tank; or
792          (B) other property;
793          (iii) property installed, constructed, or used for the moving of sewage to a collection
794     facility of a public or quasi-public sewerage system;
795          (iv) the following used for the comfort of personnel:
796          (A) an air conditioner;
797          (B) a fan; or
798          (C) an item similar to Subsection (5)(b)(iv)(A) or (B); or
799          (v) office equipment or an office supply if the primary purpose of the office equipment
800     or office supply is not the prevention, control, or reduction of air or water pollution by:
801          (A) the disposal or elimination of, or redesign to eliminate, waste, and the use of
802     treatment works for industrial waste; or
803          (B) the disposal, elimination, or reduction of, or redesign to eliminate or reduce, air
804     [contaminants] pollutants, air pollution, or air contamination sources, and the use of one or
805     more air cleaning devices.
806          (6) (a) "Pollution control facility" means real property in the state, regardless of
807     whether a purchaser purchases the real property voluntarily or to comply with a requirement of
808     a governmental entity, if the primary purpose of the real property is the prevention, control, or
809     reduction of air pollution or water pollution by:
810          (i) the disposal or elimination of, or redesign to eliminate:
811          (A) waste; and
812          (B) the use of treatment works for industrial waste; or
813          (ii) (A) the disposal, elimination, or reduction of, or redesign to eliminate or reduce, air
814     [contaminants] pollutants, air pollution, or air contamination sources; and
815          (B) the use of one or more air cleaning devices.
816          (b) "Pollution control facility" includes:
817          (i) an addition to real property described in Subsection (6)(a);
818          (ii) the reconstruction of real property described in Subsection (6)(a); or
819          (iii) an improvement to real property described in Subsection (6)(a).
820          (c) "Pollution control facility" does not include:
821          (i) a consumable:
822          (A) chemical that is not reusable;
823          (B) cleaning material that is not reusable; or
824          (C) supply that is not reusable;
825          (ii) the following used for human waste:
826          (A) a septic tank; or
827          (B) another facility;
828          (iii) property installed, constructed, or used for the moving of sewage to a collection
829     facility of a public or quasi-public sewerage system;
830          (iv) the following used for the comfort of personnel:
831          (A) an air conditioner;
832          (B) a fan; or
833          (C) an item similar to Subsection (6)(c)(iv)(A) or (B); or
834          (v) office equipment or an office supply if the primary purpose of the office equipment
835     or office supply is not the prevention, control, or reduction of air or water pollution by:
836          (A) the disposal or elimination of, or redesign to eliminate[,] waste, and the use of
837     treatment works for industrial waste; or
838          (B) the disposal, elimination, or reduction of, or redesign to eliminate[,] or reduce, air
839     [contaminants] pollutants, air pollution, or air contamination sources, and the use of one or
840     more air cleaning devices.
841          (7) "Treatment works" [is as] means the same as that term is defined in Section
842     19-5-102.
843          (8) "Waste" [is as] means the same as that term is defined in Section 19-5-102.
844          (9) "Water pollution" has the same meaning as "pollution" under Section 19-5-102.
845          Section 17. Section 19-12-201 is amended to read:
846          19-12-201. Sales and use tax exemption for certain purchases or leases related to
847     pollution control.
848          (1) Except as provided in Subsection (2), a purchase or lease of the following is
849     exempt from a tax imposed under Title 59, Chapter 12, Sales and Use Tax Act:
850          (a) freestanding pollution control property;
851          (b) tangible personal property if the tangible personal property is:
852          (i) incorporated into freestanding pollution control property; or
853          (ii) used at, used in the construction of, or incorporated into a pollution control facility;
854          (c) a part, if the part is used in the repair or replacement of property described in
855     Subsection (1)(a) or (b);
856          (d) a product transferred electronically, if the property transferred electronically is:
857          (i) incorporated into freestanding pollution control property; or
858          (ii) used at, used in the construction of, or incorporated into a pollution control facility;
859     or
860          (e) a service, if the service is performed on:
861          (i) freestanding pollution control property;
862          (ii) a pollution control facility; or
863          (iii) property described in Subsection (1)(b), a part described in Subsection (1)(c), or a
864     product described in Subsection (1)(d).
865          (2) A purchase or lease of the following is not exempt under this section:
866          (a) a consumable chemical that is not reusable;
867          (b) a consumable cleaning material that is not reusable; or
868          (c) a consumable supply that is not reusable.
869          (3) A purchase or lease of office equipment or an office supply is not exempt under this
870     section if the primary purpose of the office equipment or office supply is not the prevention,
871     control, or reduction of air or water pollution by:
872          (a) the disposal or elimination of, or redesign to eliminate, waste, and the use of
873     treatment works for industrial waste; or
874          (b) the disposal, elimination, or reduction of, or redesign to eliminate or reduce, air
875     [contaminants] pollutants, air pollution, or air [contamination] pollution sources, and the use of
876     one or more air cleaning devices.
877          Section 18. Repealer.
878          This bill repeals:
879          Section 19-2-109.5, Private sector air quality permitting professionals certification
880     program.