Rulemaking authority and procedure.

  1. Law
  2. Utah Code
  3. Environmental Quality Code
  4. Air Conservation Act
  5. General Provisions
  6. Rulemaking authority and procedure.

Checkout our iOS App for a better way to browser and research.

Affected by 63I-1-219 on 7/1/2029

Effective 5/12/2015
19-2-106. Rulemaking authority and procedure.
  • (1)
    • (a) In carrying out the duties of Section 19-2-104, the board may make rules for the purpose of administering a program under the federal Clean Air Act different than the corresponding federal regulations which address the same circumstances if:
      • (i) the board holds a public comment period, as described in Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and a public hearing; and
      • (ii) the board finds that the different rule will provide reasonable added protections to public health or the environment of the state or a particular region of the state.
    • (b) The board shall consider the differences between an industry that continuously produces emissions and an industry that episodically produces emissions, and make rules that reflect those differences.
  • (2) The findings described in Subsection (1)(a)(ii) shall be:
    • (a) in writing; and
    • (b) based on evidence, studies, or other information contained in the record that relates to the state of Utah and type of source involved.
  • (3) In making rules, the board may incorporate by reference corresponding federal regulations.




Download our app to see the most-to-date content.