Enrolled Copy H.B. 85
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Environmental Permitting Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Tyler Clancy
Senate Sponsor: Ronald M. Winterton
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LONG TITLE
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General Description:
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This bill addresses provisions related to environmental permitting.
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Highlighted Provisions:
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This bill:
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▸ requires the Division of Air Quality (division) to:
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● develop and publish guidance and rules related to federal plantwide applicability
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limitations;
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● review the division's rules related to permit by rule registration;
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● include at least five new categories of sources in the division's permit by rule
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program; and
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● report to the Natural Resources, Agriculture, and Environment Interim Committee the
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results of the division's review of the permit by rule program;
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▸ adds a repeal date for the sections related to plantwide applicability limitations and permit
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by rule registration; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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19-1-201, as last amended by Laws of Utah 2024, Chapter 178
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19-2-102, as last amended by Laws of Utah 2015, Chapter 154
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19-2-109.1, as last amended by Laws of Utah 2020, Chapter 256
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63I-1-219, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5 H.B. 85 Enrolled Copy
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ENACTS:
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19-2-109.6, Utah Code Annotated 1953
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19-2-109.7, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 19-1-201 is amended to read:
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19-1-201 . Powers and duties of department -- Rulemaking authority --
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Committee -- Monitoring environmental impacts of inland port.
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(1) The department shall:
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(a) enter into cooperative agreements with the Department of Health and Human
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Services to delineate specific responsibilities to assure that assessment and
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management of risk to human health from the environment are properly administered;
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(b) consult with the Department of Health and Human Services and enter into
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cooperative agreements, as needed, to ensure efficient use of resources and effective
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response to potential health and safety threats from the environment, and to prevent
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gaps in protection from potential risks from the environment to specific individuals
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or population groups;
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(c) coordinate implementation of environmental programs to maximize efficient use of
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resources by developing, in consultation with local health departments, a
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Comprehensive Environmental Service Delivery Plan that:
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(i) recognizes that the department and local health departments are the foundation for
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providing environmental health programs in the state;
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(ii) delineates the responsibilities of the department and each local health department
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for the efficient delivery of environmental programs using federal, state, and local
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authorities, responsibilities, and resources;
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(iii) provides for the delegation of authority and pass through of funding to local
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health departments for environmental programs, to the extent allowed by
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applicable law, identified in the plan, and requested by the local health
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department; and
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(iv) is reviewed and updated annually;
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(d) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
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Rulemaking Act, as follows:
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(i) for a board created in Section 19-1-106, rules regarding:
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(A) board meeting attendance; and
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(B) conflicts of interest procedures; and
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(ii) procedural rules that govern:
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(A) an adjudicative proceeding, consistent with Section 19-1-301; and
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(B) a special adjudicative proceeding, consistent with Section 19-1-301.5;
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(e) ensure that training or certification required of a public official or public employee,
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as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
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22, State Training and Certification Requirements, if the training or certification is
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required:
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(i) under this title;
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(ii) by the department; or
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(iii) by an agency or division within the department; and
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(f) subject to Subsection (2), establish annual fees that conform with Title V of the Clean
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Air Act for each regulated pollutant as defined in Section 19-2-109.1, applicable to a
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source subject to the Title V program.
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(2)(a) A fee established under Subsection (1)(f) is in addition to a fee assessed under
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Subsection (6)(i) for issuance of an approval order.
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(b) In establishing a fee under Subsection (1)(f), the department shall comply with
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Section 63J-1-504 that requires a public hearing and requires the established fee to be
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submitted to the Legislature for the Legislature's approval as part of the department's
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annual appropriations request.
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(c) A fee established under this section shall cover the reasonable direct and indirect
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costs required to develop and administer the Title V program and the small business
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assistance program established under Section 19-2-109.2.
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(d) A fee established under Subsection (1)(f) shall be established for all sources subject
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to the Title V program and for all regulated pollutants.
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(e) An emission fee may not be assessed for a regulated pollutant if the emissions are
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already accounted for within the emissions of another regulated pollutant.
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(f) An emission fee may not be assessed for any amount of a regulated pollutant emitted
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by any source in excess of 4,000 tons per year of that regulated pollutant.
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(g) An emission fee shall be based on actual emissions for a regulated pollutant unless a
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source elects, before the issuance or renewal of a permit, to base the fee during the
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period of the permit on allowable emissions for that regulated pollutant.
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(h) The fees collected by the department under Subsection (1)(f) and penalties collected
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under Subsection [19-2-109.1(4)] 19-2-109.1(3) shall be deposited into the General
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Fund as the Air Pollution Operating Permit Program dedicated credit to be used
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solely to pay for the reasonable direct and indirect costs incurred by the department
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in developing and administering the program and the small business assistance
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program under Section 19-2-109.2.
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(3) The department shall establish a committee that consists of:
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(a) the executive director or the executive director's designee;
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(b) two representatives of the department appointed by the executive director; and
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(c) three representatives of local health departments appointed by a group of all the local
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health departments in the state.
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(4)(a) The committee established in Subsection (3) shall:
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(i) review the allocation of environmental quality resources between the department
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and the local health departments, including whether funds allocated by contract
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were allocated in accordance with the formula described in Section 26A-1-116;
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(ii) evaluate rules and department policies that affect local health departments in
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accordance with Subsection (4)(b);
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(iii) consider policy changes proposed by the department or by local health
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departments;
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(iv) coordinate the implementation of environmental quality programs to maximize
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environmental quality resources; and
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(v) review each department application for any grant from the federal government
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that affects a local health department before the department submits the
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application.
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(b) When evaluating a policy or rule that affects a local health department, the
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committee shall:
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(i) compute an estimate of the cost a local health department will bear to comply with
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the policy or rule;
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(ii) specify whether there is any funding provided to a local health department to
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implement the policy or rule; and
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(iii) advise whether the policy or rule is still needed.
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(c) Before November 1 of each year, the department shall provide a report to the Rules
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Review and General Oversight Committee regarding the determinations made under
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Subsection (4)(b).
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(5) The committee shall create bylaws to govern the committee's operations.
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(6) The department may:
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(a) investigate matters affecting the environment;
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(b) investigate and control matters affecting the public health when caused by
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environmental hazards;
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(c) prepare, publish, and disseminate information to inform the public concerning issues
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involving environmental quality;
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(d) establish and operate programs, as authorized by this title, necessary for protection of
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the environment and public health from environmental hazards;
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(e) use local health departments in the delivery of environmental health programs to the
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extent provided by law;
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(f) enter into contracts with local health departments or others to meet responsibilities
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established under this title;
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(g) acquire real and personal property by purchase, gift, devise, and other lawful means;
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(h) prepare and submit to the governor a proposed budget to be included in the budget
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submitted by the governor to the Legislature;
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(i) in accordance with Section 63J-1-504, establish a schedule of fees that may be
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assessed for actions and services of the department that are reasonable, fair, and
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reflect the cost of services provided;
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(j) for an owner or operator of a source subject to a fee established by Subsection (6)(i)
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who fails to timely pay that fee, assess a penalty of not more than 50% of the fee, in
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addition to the fee, plus interest on the fee computed at 12% annually;
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(k) prescribe by rule reasonable requirements not inconsistent with law relating to
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environmental quality for local health departments;
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(l) perform the administrative functions of the boards established by Section 19-1-106,
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including the acceptance and administration of grants from the federal government
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and from other sources, public or private, to carry out the board's functions;
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(m) upon the request of a board or a division director, provide professional, technical,
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and clerical staff and field and laboratory services, the extent of which are limited by
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the money available to the department for the staff and services; and
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(n) establish a supplementary fee, not subject to Section 63J-1-504, to provide service
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that the person paying the fee agrees by contract to be charged for the service to
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efficiently use department resources, protect department permitting processes,
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address extraordinary or unanticipated stress on permitting processes, or make use of
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specialized expertise.
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(7) In providing service under Subsection (6)(n), the department may not provide service in
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a manner that impairs another person's service from the department.
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(8)(a) As used in this Subsection (8):
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(i) "Environmental impacts" means:
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(A) impacts on air quality, including impacts associated with air emissions; and
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(B) impacts on water quality, including impacts associated with storm water
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runoff.
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(ii) "Inland port" means the same as that term is defined in Section 11-58-102.
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(iii) "Inland port area" means the area in and around the inland port that bears the
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environmental impacts of destruction, construction, development, and operational
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activities within the inland port.
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(iv) "Monitoring facilities" means:
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(A) for monitoring air quality, a sensor system consisting of monitors to measure
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levels of research-grade particulate matter, ozone, and oxides of nitrogen, and
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data logging equipment with internal data storage that are interconnected at all
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times to capture air quality readings and store data; and
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(B) for monitoring water quality, facilities to collect groundwater samples,
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including in existing conveyances and outfalls, to evaluate sediment, metals,
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organics, and nutrients due to storm water.
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(b) The department shall:
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(i) develop and implement a sampling and analysis plan to:
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(A) characterize the environmental baseline for air quality and water quality in the
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inland port area;
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(B) characterize the environmental baseline for only air quality for the Salt Lake
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International Airport; and
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(C) define the frequency, parameters, and locations for monitoring;
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(ii) establish and maintain monitoring facilities to measure the environmental impacts
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in the inland port area arising from destruction, construction, development, and
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operational activities within the inland port;
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(iii) publish the monitoring data on the department's website; and
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(iv) provide at least annually before November 30 a written report summarizing the
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monitoring data to:
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(A) the Utah Inland Port Authority board, established under Title 11, Chapter 58,
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Part 3, Port Authority Board; and
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(B) the Legislative Management Committee.
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Section 2. Section 19-2-102 is amended to read:
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19-2-102 . Definitions.
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As used in this chapter:
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(1) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990.
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[(1)] (2) "Air pollutant" means a substance that qualifies as an air pollutant as defined in 42
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U.S.C. Sec. 7602.
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[(2)] (3) "Air pollutant source" means private and public sources of emissions of air
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pollutants.
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[(3)] (4) "Air pollution" means the presence of an air pollutant in the ambient air in the
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quantities, for a duration, and under the conditions and circumstances that are injurious
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to human health or welfare, animal or plant life, or property, or would unreasonably
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interfere with the enjoyment of life or use of property, as determined by the rules
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adopted by the board.
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[(4)] (5) "Ambient air" means that portion of the atmosphere, external to buildings, to which
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the general public has access.
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[(5)] (6) "Asbestos" means the asbestiform varieties of serpentine (chrysotile), riebeckite
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(crocidolite), cummingtonite-grunerite, anthophyllite, actinolite-tremolite, and libby
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amphibole.
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[(6)] (7) "Asbestos-containing material" means a material containing more than 1%
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asbestos, as determined using the method adopted in 40 C.F.R. Part 61, Subpart M,
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National Emission Standard for Asbestos.
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[(7)] (8) "Asbestos inspection" means an activity undertaken to determine the presence or
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location, or to assess the condition of, asbestos-containing material or suspected
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asbestos-containing material, whether by visual or physical examination, or by taking
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samples of the material.
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[(8)] (9) "Board" means the Air Quality Board.
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[(9)] (10) "Clean school bus" means the same as that term is defined in 42 U.S.C. Sec.
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16091.
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[(10)] (11) "Director" means the director of the Division of Air Quality.
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[(11)] (12) "Division" means the Division of Air Quality created in Section 19-1-105.
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(13) "EPA" means the federal Environmental Protection Agency.
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[(12)] (14) "Friable asbestos-containing material" means a material containing more than
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1% asbestos, as determined using the method adopted in 40 C.F.R. Part 61, Subpart M,
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National Emission Standard for Asbestos, that hand pressure can crumble, pulverize, or
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reduce to powder when dry.
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[(13)] (15) "Indirect source" means a facility, building, structure, or installation which
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attracts or may attract mobile source activity that results in emissions of a pollutant for
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which there is a national standard.
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(16) "Operating permit" means a permit issued by the director to sources of air pollution
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that meet the requirements of Titles IV and V of the 1990 Clean Air Act.
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(17) "Regulated pollutant" means the same as that term is defined in Title V of the 1990
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Clean Air Act and implementing federal regulations.
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Section 3. Section 19-2-109.1 is amended to read:
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19-2-109.1 . Operating permit required -- Fees -- Implementation.
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[(1) As used in this section and Sections 19-2-109.2 and 19-2-109.3:]
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[(a) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990.]
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[(b) "EPA" means the federal Environmental Protection Agency.]
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[(c) "Operating permit" means a permit issued by the director to sources of air pollution
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that meet the requirements of Titles IV and V of the 1990 Clean Air Act.]
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[(d) "Program" means the air pollution operating permit program established under this
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section to comply with Title V of the 1990 Clean Air Act.]
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[(e) "Regulated pollutant" means the same as that term is defined in Title V of the 1990
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Clean Air Act and implementing federal regulations.]
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[(2)] (1) A person may not operate a source of air pollution required to have a permit under
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Title V of the 1990 Clean Air Act without having obtained an operating permit from the
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director under procedures the board establishes by rule.
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[(3)] (2)(a) Operating permits issued under this section shall be for a period of five years
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unless the director makes a written finding, after public comment and hearing, and
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based on substantial evidence in the record, that an operating permit term of less than
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five years is necessary to protect the public health and the environment of the state.
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(b) The director may issue, modify, or renew an operating permit only after providing
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public notice, an opportunity for public comment, and an opportunity for a public
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hearing.
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(c) The director shall, in conformity with the 1990 Clean Air Act and implementing
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federal regulations, revise the conditions of issued operating permits to incorporate
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applicable federal regulations in conformity with Section 502(b)(9) of the 1990 Clean
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Air Act, if the remaining period of the permit is three or more years.
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(d) The director may terminate, modify, revoke, or reissue an operating permit for cause.
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[(4)] (3) If the owner or operator of a source subject to this section fails to timely pay a fee
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established under Subsection 19-1-201(1)(f), the director may:
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(a) impose a penalty of not more than 50% of the fee, in addition to the fee, plus interest
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on the fee computed at 12% annually; or
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(b) revoke the operating permit.
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[(5)] (4) The owner or operator of a source subject to this section may contest a fee
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assessment or associated penalty in an adjudicative hearing under the Title 63G, Chapter
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4, Administrative Procedures Act, and Section 19-1-301, as provided in this Subsection [
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(5)] (4).
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(a) The owner or operator shall pay the fee under protest before being entitled to a
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hearing. Payment of a fee or penalty under protest is not a waiver of the right to
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contest the fee or penalty under this section.
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(b) A request for a hearing under this Subsection [(5)] (4) shall be made after payment of
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the fee and within six months after the fee was due.
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[(6)] (5) To reinstate an operating permit revoked under Subsection [(4)] (3) the owner or
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operator shall pay the outstanding fees, a penalty of not more than 50% of outstanding
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fees, and interest on the outstanding fees computed at 12% annually.
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[(7)] (6) Failure of the director to act on an operating permit application or renewal is a final
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administrative action only for the purpose of obtaining judicial review by any of the
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following persons to require the director to take action on the permit or the permit's
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renewal without additional delay:
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(a) the applicant;
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(b) a person who participated in the public comment process; or
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(c) a person who could obtain judicial review of that action under applicable law.
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Section 4. Section 19-2-109.6 is enacted to read:
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19-2-109.6 . Plantwide applicability limitation -- Publication of guidance
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required -- Report to committee -- Rulemaking.
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(1) As used in this section:
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(a) "Facility" means any building, structure, or installation that emits or may emit an air
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pollutant.
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(b) "Plantwide applicability limitation" means the same as that term is defined in 40
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C.F.R. Sec. 52.21.
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(2) The director shall, in conformity with the 1990 Clean Air Act and implementing federal
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regulations:
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(a) develop written guidance on plantwide applicability limitations:
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(i) consistent with the EPA's Guidance on Plantwide Applicability Limitation
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Provisions Under the New Source Review Regulations Memorandum, dated
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August 4, 2020;
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(ii) describing the benefits and advantages for a facility that may qualify for a
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plantwide applicability limitation;
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(iii) considering examples of relevant guidance materials published in other states;
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and
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(iv) considering examples of relevant programs implemented in other states;
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(b) make rules on plantwide applicability limitations in accordance with Title 63G,
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Chapter 3, Utah Administrative Rulemaking Act:
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(i) establishing an application procedure for obtaining a plantwide applicability
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limitation;
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(ii) establishing the circumstances under which a plantwide applicability limitation
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may be reopened and adjusted;
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(iii) ensuring the division receives input from a facility when the facility's plantwide
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applicability limitation is modified or reopened;
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(iv) requiring public participation when a facility subject to a plantwide applicability
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limitation is reopened; and
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(v) in contrast to 40 C.F.R. Sec. 51.166(w)(10)(iv)(b), requiring the director to renew
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a plantwide applicability limitation at the same level if the emissions level
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calculated upon renewal in accordance with 40 C.F.R. Sec. 51.166(w)(6) is equal
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to or greater than 80% of the existing plantwide applicability limitation level;
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(c) publish the guidance described in Subsection (2)(a) on the division's website in a
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manner that is easily accessible to members of industry and the public;
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(d) identify any facilities in the state that may benefit from a plantwide applicability
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limitation and share with the facilities the guidance described in Subsection (2)(a);
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and
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(e) upon request by a facility, provide individual consultation on how to apply for a
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plantwide applicability limitation.
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(3) On or before November 30 of each year, the division shall submit a report to the Natural
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Resources, Agriculture, and Environment Interim Committee:
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(a) detailing the status of facilities adopting a plantwide applicability limitation in the
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state, including the number of plantwide applicability limitation applications
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approved and rejected; and
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(b) recommending improvements to the plantwide applicability limitation program.
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(4) The division may make rules to implement the provisions of this section in accordance
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with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
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Section 5. Section 19-2-109.7 is enacted to read:
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19-2-109.7 . Permit by rule registration expansion study.
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(1) As used in this section:
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(a) "Permit by rule" means a permitting or registration process in which a stationary
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source submits a written registration notice to the director to exempt the stationary
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source from the requirement to obtain an approval order.
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(b) "Permit by rule" includes a permitting or registration process designed to exempt a
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category of similar stationary sources from the requirement to obtain an approval
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order.
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(2) The division shall conduct a study on the feasibility of expanding the division's permit
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by rule program by:
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(a) reviewing successful permit by rule programs in other states;
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(b) identifying potential categories of sources suitable for inclusion in the permit by rule
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program, including:
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(i) abrasive cleaning;
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(ii) aggregate processing;
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(iii) asphalt plants;
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(iv) auto body refinishing shops;
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(v) boilers and combustion devices;
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(vi) concrete batch plants;
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(vii) crushing and screening operations;
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(viii) degreasing operations;
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(ix) dry cleaning;
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(x) dust control;
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(xi) emergency generators, pumps, and compressors;
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(xii) fuel dispensing;
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(xiii) internal combustion engines;
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(xiv) mineral processing;
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(xv) natural gas-fired boilers and heaters;
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(xvi) printing operations;
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(xvii) sand and gravel operations;
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(xviii) surface coating;
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(xix) landfills; and
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(xx) wood processing; and
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(c) assessing the environmental and economic impacts of expanding the program.
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(3) On or before November 30, 2025, the division shall:
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(a) make rules to include at least five categories of sources listed in Subsection (2)(b) in
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the division's permit by rule program in accordance with Title 63G, Chapter 3, Utah
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Administrative Rulemaking Act; and
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(b) report to the Natural Resources, Agriculture, and Environment Interim Committee:
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(i) the division's recommendations for expanding the permit by rule program,
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including:
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(A) the addition of new categories of sources, if any, to the program; and
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(B) changes to statute or rules necessary to implement the program; and
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(ii) the estimated impacts of expanding the permit by rule program on:
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(A) air quality;
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(B) permitting efficiency; and
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(C) regulated sources.
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Section 6. Section 63I-1-219 is amended to read:
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63I-1-219 . Repeal dates: Title 19.
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(1) Title 19, Chapter 2, Air Conservation Act, is repealed July 1, 2029.
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(2) Section 19-2-109.6, Plantwide applicability limitation -- Publication of guidance
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required -- Report to committee -- Rulemaking, is repealed July 1, 2026.
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(3) Section 19-2-109.7, Permit by rule registration expansion study, is repealed July 1, 2026.
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[(2)] (4) Title 19, Chapter 4, Safe Drinking Water Act, is repealed July 1, 2029.
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[(3)] (5) Section 19-4-115, Drinking water quality in schools and child care centers, is
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repealed July 1, 2027.
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[(4)] (6) Title 19, Chapter 5, Water Quality Act, is repealed July 1, 2029.
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[(5)] (7) Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act, is repealed July 1,
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2029.
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[(6)] (8) Title 19, Chapter 6, Part 3, Hazardous Substances Mitigation Act, is repealed July
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1, 2030.
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[(7)] (9) Title 19, Chapter 6, Part 4, Underground Storage Tank Act, is repealed July 1, 2028.
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[(8)] (10) Title 19, Chapter 6, Part 6, Lead Acid Battery Disposal, is repealed July 1, 2026.
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[(9)] (11) Title 19, Chapter 6, Part 7, Used Oil Management Act, is repealed July 1, 2029.
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[(10)] (12) Title 19, Chapter 6, Part 8, Waste Tire Recycling Act, is repealed July 1, 2030.
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[(11)] (13) Title 19, Chapter 6, Part 10, Mercury Switch Removal Act, is repealed July 1,
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2027.
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Section 7. Effective Date.
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This bill takes effect on May 7, 2025.
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