State Codes and Statutes

Statutes > Utah > Title-19 > Chapter-02 > 19-2-109-1

19-2-109.1. Operating permit required -- Emissions fee -- Implementation.
(1) As used in this section and Sections 19-2-109.2 and 19-2-109.3:
(a) "EPA" means the federal Environmental Protection Agency.
(b) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990.
(c) "Operating permit" means a permit issued by the executive secretary to sources of airpollution that meet the requirements of Titles IV and V of the 1990 Clean Air Act.
(d) "Program" means the air pollution operating permit program established under thissection to comply with Title V of the 1990 Clean Air Act.
(e) "Regulated pollutant" has the same meaning as defined in Title V of the 1990 CleanAir Act and implementing federal regulations.
(2) (a) A person may not operate any source of air pollution required to have a permitunder Title V of the 1990 Clean Air Act without having obtained an operating permit from theexecutive secretary under procedures the board establishes by rule.
(b) A person is not required to submit an operating permit application until the governorhas submitted an operating permit program to the EPA.
(c) Any operating permit issued under this section may not become effective until the dayafter the EPA issues approval of the permit program or November 15, 1995, whichever occursfirst.
(3) (a) Operating permits issued under this section shall be for a period of five yearsunless the board makes a written finding, after public comment and hearing, and based onsubstantial evidence in the record, that an operating permit term of less than five years isnecessary to protect the public health and the environment of the state.
(b) The executive secretary may issue, modify, or renew an operating permit only afterproviding public notice, an opportunity for public comment, and an opportunity for a publichearing.
(c) The executive secretary shall, in conformity with the 1990 Clean Air Act andimplementing federal regulations, revise the conditions of issued operating permits to incorporateapplicable federal regulations in conformity with Section 502(b)(9) of the 1990 Clean Air Act, ifthe remaining period of the permit is three or more years.
(d) The executive secretary may terminate, modify, revoke, or reissue an operatingpermit for cause.
(4) (a) The board shall establish a proposed annual emissions fee that conforms withTitle V of the 1990 Clean Air Act for each ton of regulated pollutant, applicable to all sourcesrequired to obtain a permit. The emissions fee established under this section is in addition to feesassessed under Section 19-2-108 for issuance of an approval order.
(b) In establishing the fee the board shall comply with the provisions of Section 63J-1-504 that require a public hearing and require the established fee to be submitted to theLegislature for its approval as part of the department's annual appropriations request.
(c) The fee shall cover all reasonable direct and indirect costs required to develop andadminister the program and the small business assistance program established under Section19-2-109.2. The board shall prepare an annual report of the emissions fees collected and thecosts covered by those fees under this Subsection (4).
(d) The fee shall be established uniformly for all sources required to obtain an operatingpermit under the program and for all regulated pollutants.
(e) The fee may not be assessed for emissions of any regulated pollutant if the emissions

are already accounted for within the emissions of another regulated pollutant.
(f) An emissions fee may not be assessed for any amount of a regulated pollutant emittedby any source in excess of 4,000 tons per year of that regulated pollutant.
(5) Emissions fees for the period:
(a) of July 1, 1992, through June 30, 1993, shall be based on the most recent emissionsinventory prepared by the executive secretary; and
(b) on and after July 1, 1993, but prior to issuance of an operating permit, shall be basedon the most recent emissions inventory, unless a source elects prior to July 1, 1992, to base thefee on allowable emissions, if applicable for a regulated pollutant.
(6) After an operating permit is issued the emissions fee shall be based on actualemissions for a regulated pollutant unless a source elects, prior to the issuance or renewal of apermit, to base the fee during the period of the permit on allowable emissions for that regulatedpollutant.
(7) If the owner or operator of a source subject to this section fails to timely pay anannual emissions fee, the executive secretary may:
(a) impose a penalty of not more than 50% of the fee, in addition to the fee, plus intereston the fee computed at 12% annually; or
(b) revoke the operating permit.
(8) The owner or operator of a source subject to this section may contest an emissions feeassessment or associated penalty in an adjudicative hearing under the Title 63G, Chapter 4,Administrative Procedures Act, and Section 19-1-301, as provided in this Subsection (8).
(a) The owner or operator must pay the fee under protest prior to being entitled to ahearing. Payment of an emissions fee or penalty under protest is not a waiver of the right tocontest the fee or penalty under this section.
(b) A request for a hearing under this Subsection (8) shall be made after payment of theemissions fee and within six months after the emissions fee was due.
(9) To reinstate an operating permit revoked under Subsection (7) the owner or operatorshall pay all outstanding emissions fees, a penalty of not more than 50% of all outstanding fees,and interest on the outstanding emissions fees computed at 12% annually.
(10) All emissions fees and penalties collected by the department under this section shallbe deposited in the General Fund as the Air Pollution Operating Permit Program dedicated creditto be used solely to pay for the reasonable direct and indirect costs incurred by the department indeveloping and administering the program and the small business assistance program underSection 19-2-109.2.
(11) Failure of the executive secretary to act on any operating permit application orrenewal is a final administrative action only for the purpose of obtaining judicial review by anyof the following persons to require the executive secretary to take action on the permit or itsrenewal without additional delay:
(a) the applicant;
(b) any person who participated in the public comment process; or
(c) any other person who could obtain judicial review of that action under applicable law.

Amended by Chapter 183, 2009 General Session
Amended by Chapter 377, 2009 General Session

State Codes and Statutes

Statutes > Utah > Title-19 > Chapter-02 > 19-2-109-1

19-2-109.1. Operating permit required -- Emissions fee -- Implementation.
(1) As used in this section and Sections 19-2-109.2 and 19-2-109.3:
(a) "EPA" means the federal Environmental Protection Agency.
(b) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990.
(c) "Operating permit" means a permit issued by the executive secretary to sources of airpollution that meet the requirements of Titles IV and V of the 1990 Clean Air Act.
(d) "Program" means the air pollution operating permit program established under thissection to comply with Title V of the 1990 Clean Air Act.
(e) "Regulated pollutant" has the same meaning as defined in Title V of the 1990 CleanAir Act and implementing federal regulations.
(2) (a) A person may not operate any source of air pollution required to have a permitunder Title V of the 1990 Clean Air Act without having obtained an operating permit from theexecutive secretary under procedures the board establishes by rule.
(b) A person is not required to submit an operating permit application until the governorhas submitted an operating permit program to the EPA.
(c) Any operating permit issued under this section may not become effective until the dayafter the EPA issues approval of the permit program or November 15, 1995, whichever occursfirst.
(3) (a) Operating permits issued under this section shall be for a period of five yearsunless the board makes a written finding, after public comment and hearing, and based onsubstantial evidence in the record, that an operating permit term of less than five years isnecessary to protect the public health and the environment of the state.
(b) The executive secretary may issue, modify, or renew an operating permit only afterproviding public notice, an opportunity for public comment, and an opportunity for a publichearing.
(c) The executive secretary shall, in conformity with the 1990 Clean Air Act andimplementing federal regulations, revise the conditions of issued operating permits to incorporateapplicable federal regulations in conformity with Section 502(b)(9) of the 1990 Clean Air Act, ifthe remaining period of the permit is three or more years.
(d) The executive secretary may terminate, modify, revoke, or reissue an operatingpermit for cause.
(4) (a) The board shall establish a proposed annual emissions fee that conforms withTitle V of the 1990 Clean Air Act for each ton of regulated pollutant, applicable to all sourcesrequired to obtain a permit. The emissions fee established under this section is in addition to feesassessed under Section 19-2-108 for issuance of an approval order.
(b) In establishing the fee the board shall comply with the provisions of Section 63J-1-504 that require a public hearing and require the established fee to be submitted to theLegislature for its approval as part of the department's annual appropriations request.
(c) The fee shall cover all reasonable direct and indirect costs required to develop andadminister the program and the small business assistance program established under Section19-2-109.2. The board shall prepare an annual report of the emissions fees collected and thecosts covered by those fees under this Subsection (4).
(d) The fee shall be established uniformly for all sources required to obtain an operatingpermit under the program and for all regulated pollutants.
(e) The fee may not be assessed for emissions of any regulated pollutant if the emissions

are already accounted for within the emissions of another regulated pollutant.
(f) An emissions fee may not be assessed for any amount of a regulated pollutant emittedby any source in excess of 4,000 tons per year of that regulated pollutant.
(5) Emissions fees for the period:
(a) of July 1, 1992, through June 30, 1993, shall be based on the most recent emissionsinventory prepared by the executive secretary; and
(b) on and after July 1, 1993, but prior to issuance of an operating permit, shall be basedon the most recent emissions inventory, unless a source elects prior to July 1, 1992, to base thefee on allowable emissions, if applicable for a regulated pollutant.
(6) After an operating permit is issued the emissions fee shall be based on actualemissions for a regulated pollutant unless a source elects, prior to the issuance or renewal of apermit, to base the fee during the period of the permit on allowable emissions for that regulatedpollutant.
(7) If the owner or operator of a source subject to this section fails to timely pay anannual emissions fee, the executive secretary may:
(a) impose a penalty of not more than 50% of the fee, in addition to the fee, plus intereston the fee computed at 12% annually; or
(b) revoke the operating permit.
(8) The owner or operator of a source subject to this section may contest an emissions feeassessment or associated penalty in an adjudicative hearing under the Title 63G, Chapter 4,Administrative Procedures Act, and Section 19-1-301, as provided in this Subsection (8).
(a) The owner or operator must pay the fee under protest prior to being entitled to ahearing. Payment of an emissions fee or penalty under protest is not a waiver of the right tocontest the fee or penalty under this section.
(b) A request for a hearing under this Subsection (8) shall be made after payment of theemissions fee and within six months after the emissions fee was due.
(9) To reinstate an operating permit revoked under Subsection (7) the owner or operatorshall pay all outstanding emissions fees, a penalty of not more than 50% of all outstanding fees,and interest on the outstanding emissions fees computed at 12% annually.
(10) All emissions fees and penalties collected by the department under this section shallbe deposited in the General Fund as the Air Pollution Operating Permit Program dedicated creditto be used solely to pay for the reasonable direct and indirect costs incurred by the department indeveloping and administering the program and the small business assistance program underSection 19-2-109.2.
(11) Failure of the executive secretary to act on any operating permit application orrenewal is a final administrative action only for the purpose of obtaining judicial review by anyof the following persons to require the executive secretary to take action on the permit or itsrenewal without additional delay:
(a) the applicant;
(b) any person who participated in the public comment process; or
(c) any other person who could obtain judicial review of that action under applicable law.

Amended by Chapter 183, 2009 General Session
Amended by Chapter 377, 2009 General Session


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State Codes and Statutes

Statutes > Utah > Title-19 > Chapter-02 > 19-2-109-1

19-2-109.1. Operating permit required -- Emissions fee -- Implementation.
(1) As used in this section and Sections 19-2-109.2 and 19-2-109.3:
(a) "EPA" means the federal Environmental Protection Agency.
(b) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990.
(c) "Operating permit" means a permit issued by the executive secretary to sources of airpollution that meet the requirements of Titles IV and V of the 1990 Clean Air Act.
(d) "Program" means the air pollution operating permit program established under thissection to comply with Title V of the 1990 Clean Air Act.
(e) "Regulated pollutant" has the same meaning as defined in Title V of the 1990 CleanAir Act and implementing federal regulations.
(2) (a) A person may not operate any source of air pollution required to have a permitunder Title V of the 1990 Clean Air Act without having obtained an operating permit from theexecutive secretary under procedures the board establishes by rule.
(b) A person is not required to submit an operating permit application until the governorhas submitted an operating permit program to the EPA.
(c) Any operating permit issued under this section may not become effective until the dayafter the EPA issues approval of the permit program or November 15, 1995, whichever occursfirst.
(3) (a) Operating permits issued under this section shall be for a period of five yearsunless the board makes a written finding, after public comment and hearing, and based onsubstantial evidence in the record, that an operating permit term of less than five years isnecessary to protect the public health and the environment of the state.
(b) The executive secretary may issue, modify, or renew an operating permit only afterproviding public notice, an opportunity for public comment, and an opportunity for a publichearing.
(c) The executive secretary shall, in conformity with the 1990 Clean Air Act andimplementing federal regulations, revise the conditions of issued operating permits to incorporateapplicable federal regulations in conformity with Section 502(b)(9) of the 1990 Clean Air Act, ifthe remaining period of the permit is three or more years.
(d) The executive secretary may terminate, modify, revoke, or reissue an operatingpermit for cause.
(4) (a) The board shall establish a proposed annual emissions fee that conforms withTitle V of the 1990 Clean Air Act for each ton of regulated pollutant, applicable to all sourcesrequired to obtain a permit. The emissions fee established under this section is in addition to feesassessed under Section 19-2-108 for issuance of an approval order.
(b) In establishing the fee the board shall comply with the provisions of Section 63J-1-504 that require a public hearing and require the established fee to be submitted to theLegislature for its approval as part of the department's annual appropriations request.
(c) The fee shall cover all reasonable direct and indirect costs required to develop andadminister the program and the small business assistance program established under Section19-2-109.2. The board shall prepare an annual report of the emissions fees collected and thecosts covered by those fees under this Subsection (4).
(d) The fee shall be established uniformly for all sources required to obtain an operatingpermit under the program and for all regulated pollutants.
(e) The fee may not be assessed for emissions of any regulated pollutant if the emissions

are already accounted for within the emissions of another regulated pollutant.
(f) An emissions fee may not be assessed for any amount of a regulated pollutant emittedby any source in excess of 4,000 tons per year of that regulated pollutant.
(5) Emissions fees for the period:
(a) of July 1, 1992, through June 30, 1993, shall be based on the most recent emissionsinventory prepared by the executive secretary; and
(b) on and after July 1, 1993, but prior to issuance of an operating permit, shall be basedon the most recent emissions inventory, unless a source elects prior to July 1, 1992, to base thefee on allowable emissions, if applicable for a regulated pollutant.
(6) After an operating permit is issued the emissions fee shall be based on actualemissions for a regulated pollutant unless a source elects, prior to the issuance or renewal of apermit, to base the fee during the period of the permit on allowable emissions for that regulatedpollutant.
(7) If the owner or operator of a source subject to this section fails to timely pay anannual emissions fee, the executive secretary may:
(a) impose a penalty of not more than 50% of the fee, in addition to the fee, plus intereston the fee computed at 12% annually; or
(b) revoke the operating permit.
(8) The owner or operator of a source subject to this section may contest an emissions feeassessment or associated penalty in an adjudicative hearing under the Title 63G, Chapter 4,Administrative Procedures Act, and Section 19-1-301, as provided in this Subsection (8).
(a) The owner or operator must pay the fee under protest prior to being entitled to ahearing. Payment of an emissions fee or penalty under protest is not a waiver of the right tocontest the fee or penalty under this section.
(b) A request for a hearing under this Subsection (8) shall be made after payment of theemissions fee and within six months after the emissions fee was due.
(9) To reinstate an operating permit revoked under Subsection (7) the owner or operatorshall pay all outstanding emissions fees, a penalty of not more than 50% of all outstanding fees,and interest on the outstanding emissions fees computed at 12% annually.
(10) All emissions fees and penalties collected by the department under this section shallbe deposited in the General Fund as the Air Pollution Operating Permit Program dedicated creditto be used solely to pay for the reasonable direct and indirect costs incurred by the department indeveloping and administering the program and the small business assistance program underSection 19-2-109.2.
(11) Failure of the executive secretary to act on any operating permit application orrenewal is a final administrative action only for the purpose of obtaining judicial review by anyof the following persons to require the executive secretary to take action on the permit or itsrenewal without additional delay:
(a) the applicant;
(b) any person who participated in the public comment process; or
(c) any other person who could obtain judicial review of that action under applicable law.

Amended by Chapter 183, 2009 General Session
Amended by Chapter 377, 2009 General Session


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