Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 85 (2025GS)

Sponsor

Rep. Clancy, Tyler

Final action

Governor Signed 3/24/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires the Division of Air Quality (division) to:
• develop and publish guidance and rules related to federal plantwide applicability limitations;
• review the division's rules related to permit by rule registration;
• include at least five new categories of sources in the division's permit by rule program; and
• report to the Natural Resources, Agriculture, and Environment Interim Committee the results of the division's review of the permit by rule program;
• adds a repeal date for the sections related to plantwide applicability limitations and permit by rule registration; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

9
19-1-201
19-2-102
19-2-109.1
19-2-109.6
19-2-109.7
63I-1-219
0
Environmental Permitting Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Tyler Clancy
Senate Sponsor: Ronald M. Winterton
LONG TITLE
General Description:
This bill addresses provisions related to environmental permitting.
Highlighted Provisions:
This bill:
requires the Division of Air Quality (division) to:
develop and publish guidance and rules related to federal plantwide applicability 
limitations;
review the division's rules related to permit by rule registration;
 include at least five new categories of sources in the division's permit by rule 
program; and
report to the Natural Resources, Agriculture, and Environment Interim Committee the 
results of the division's review of the permit by rule program;
adds a repeal date for the sections related to plantwide applicability limitations and permit 
by rule registration; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
19-1-201
, as last amended by Laws of Utah 2024, Chapter 178
19-2-102
, as last amended by Laws of Utah 2015, Chapter 154
19-2-109.1
, as last amended by Laws of Utah 2020, Chapter 256
63I-1-219
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
ENACTS:
19-2-109.6
, Utah Code Annotated 1953
19-2-109.7
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
19-1-201
 is amended to read:
19-1-201
. Powers and duties of department -- Rulemaking authority -- 
Committee -- Monitoring environmental impacts of inland port.
(1)
The department shall:
(a)
enter into cooperative agreements with the Department of Health and Human 
Services to delineate specific responsibilities to assure that assessment and 
management of risk to human health from the environment are properly administered;
(b)
consult with the Department of Health and Human Services and enter into 
cooperative agreements, as needed, to ensure efficient use of resources and effective 
response to potential health and safety threats from the environment, and to prevent 
gaps in protection from potential risks from the environment to specific individuals 
or population groups;
(c)
coordinate implementation of environmental programs to maximize efficient use of 
resources by developing, in consultation with local health departments, a 
Comprehensive Environmental Service Delivery Plan that:
(i)
recognizes that the department and local health departments are the foundation for 
providing environmental health programs in the state;
(ii)
delineates the responsibilities of the department and each local health department 
for the efficient delivery of environmental programs using federal, state, and local 
authorities, responsibilities, and resources;
(iii)
provides for the delegation of authority and pass through of funding to local 
health departments for environmental programs, to the extent allowed by 
applicable law, identified in the plan, and requested by the local health 
department; and
(iv)
is reviewed and updated annually;
(d)
make rules, in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, as follows:
(i)
for a board created in Section 
19-1-106
, rules regarding:
(A)
board meeting attendance; and
(B)
conflicts of interest procedures; and
(ii)
procedural rules that govern:
(A)
an adjudicative proceeding, consistent with Section 
19-1-301
; and
(B)
a special adjudicative proceeding, consistent with Section 
19-1-301.5
;
(e)
ensure that training or certification required of a public official or public employee, 
as those terms are defined in Section 
63G-22-102
, complies with Title 63G, Chapter 
22, State Training and Certification Requirements, if the training or certification is 
required:
(i)
under this title;
(ii)
by the department; or
(iii)
by an agency or division within the department; and
(f)
subject to Subsection (2), establish annual fees that conform with Title V of the Clean 
Air Act for each regulated pollutant as defined in Section 
19-2-109.1
, applicable to a 
source subject to the Title V program.
(2)
(a)
A fee established under Subsection (1)(f) is in addition to a fee assessed under 
Subsection (6)(i) for issuance of an approval order.
(b)
In establishing a fee under Subsection (1)(f), the department shall comply with 
Section 
63J-1-504
 that requires a public hearing and requires the established fee to be 
submitted to the Legislature for the Legislature's approval as part of the department's 
annual appropriations request.
(c)
A fee established under this section shall cover the reasonable direct and indirect 
costs required to develop and administer the Title V program and the small business 
assistance program established under Section 
19-2-109.2
.
(d)
A fee established under Subsection (1)(f) shall be established for all sources subject 
to the Title V program and for all regulated pollutants.
(e)
An emission fee may not be assessed for a regulated pollutant if the emissions are 
already accounted for within the emissions of another regulated pollutant.
(f)
An emission fee may not be assessed for any amount of a regulated pollutant emitted 
by any source in excess of 4,000 tons per year of that regulated pollutant.
(g)
An emission fee shall be based on actual emissions for a regulated pollutant unless a 
source elects, before the issuance or renewal of a permit, to base the fee during the 
period of the permit on allowable emissions for that regulated pollutant.
(h)
The fees collected by the department under Subsection (1)(f) and penalties collected 
under Subsection 
19-2-109.1
(4)
19-2-109.1(3)
 shall be deposited into the General 
Fund as the Air Pollution Operating Permit Program dedicated credit to be used 
solely to pay for the reasonable direct and indirect costs incurred by the department 
in developing and administering the program and the small business assistance 
program under Section 
19-2-109.2
.
(3)
The department shall establish a committee that consists of:
(a)
the executive director or the executive director's designee;
(b)
two representatives of the department appointed by the executive director; and
(c)
three representatives of local health departments appointed by a group of all the local 
health departments in the state.
(4)
(a)
The committee established in Subsection (3) shall:
(i)
review the allocation of environmental quality resources between the department 
and the local health departments, including whether funds allocated by contract 
were allocated in accordance with the formula described in Section 
26A-1-116
;
(ii)
evaluate rules and department policies that affect local health departments in 
accordance with Subsection (4)(b);
(iii)
consider policy changes proposed by the department or by local health 
departments;
(iv)
coordinate the implementation of environmental quality programs to maximize 
environmental quality resources; and
(v)
review each department application for any grant from the federal government 
that affects a local health department before the department submits the 
application.
(b)
When evaluating a policy or rule that affects a local health department, the 
committee shall:
(i)
compute an estimate of the cost a local health department will bear to comply with 
the policy or rule;
(ii)
specify whether there is any funding provided to a local health department to 
implement the policy or rule; and
(iii)
advise whether the policy or rule is still needed.
(c)
Before November 1 of each year, the department shall provide a report to the Rules 
Review and General Oversight Committee regarding the determinations made under 
Subsection (4)(b).
(5)
The committee shall create bylaws to govern the committee's operations.
(6)
The department may:
(a)
investigate matters affecting the environment;
(b)
investigate and control matters affecting the public health when caused by 
environmental hazards;
(c)
prepare, publish, and disseminate information to inform the public concerning issues 
involving environmental quality;
(d)
establish and operate programs, as authorized by this title, necessary for protection of 
the environment and public health from environmental hazards;
(e)
use local health departments in the delivery of environmental health programs to the 
extent provided by law;
(f)
enter into contracts with local health departments or others to meet responsibilities 
established under this title;
(g)
acquire real and personal property by purchase, gift, devise, and other lawful means;
(h)
prepare and submit to the governor a proposed budget to be included in the budget 
submitted by the governor to the Legislature;
(i)
in accordance with Section 
63J-1-504
, establish a schedule of fees that may be 
assessed for actions and services of the department that are reasonable, fair, and 
reflect the cost of services provided;
(j)
for an owner or operator of a source subject to a fee established by Subsection (6)(i) 
who fails to timely pay that fee, assess a penalty of not more than 50% of the fee, in 
addition to the fee, plus interest on the fee computed at 12% annually;
(k)
prescribe by rule reasonable requirements not inconsistent with law relating to 
environmental quality for local health departments;
(l)
perform the administrative functions of the boards established by Section 
19-1-106
, 
including the acceptance and administration of grants from the federal government 
and from other sources, public or private, to carry out the board's functions;
(m)
upon the request of a board or a division director, provide professional, technical, 
and clerical staff and field and laboratory services, the extent of which are limited by 
the money available to the department for the staff and services; and
(n)
establish a supplementary fee, not subject to Section 
63J-1-504
, to provide service 
that the person paying the fee agrees by contract to be charged for the service to 
efficiently use department resources, protect department permitting processes, 
address extraordinary or unanticipated stress on permitting processes, or make use of 
specialized expertise.
(7)
In providing service under Subsection (6)(n), the department may not provide service in 
a manner that impairs another person's service from the department.
(8)
(a)
As used in this Subsection (8):
(i)
"Environmental impacts" means:
(A)
impacts on air quality, including impacts associated with air emissions; and
(B)
impacts on water quality, including impacts associated with storm water 
runoff.
(ii)
"Inland port" means the same as that term is defined in Section 
11-58-102
.
(iii)
"Inland port area" means the area in and around the inland port that bears the 
environmental impacts of destruction, construction, development, and operational 
activities within the inland port.
(iv)
"Monitoring facilities" means:
(A)
for monitoring air quality, a sensor system consisting of monitors to measure 
levels of research-grade particulate matter, ozone, and oxides of nitrogen, and 
data logging equipment with internal data storage that are interconnected at all 
times to capture air quality readings and store data; and
(B)
for monitoring water quality, facilities to collect groundwater samples, 
including in existing conveyances and outfalls, to evaluate sediment, metals, 
organics, and nutrients due to storm water.
(b)
The department shall:
(i)
develop and implement a sampling and analysis plan to:
(A)
characterize the environmental baseline for air quality and water quality in the 
inland port area;
(B)
characterize the environmental baseline for only air quality for the Salt Lake 
International Airport; and
(C)
define the frequency, parameters, and locations for monitoring;
(ii)
establish and maintain monitoring facilities to measure the environmental impacts 
in the inland port area arising from destruction, construction, development, and 
operational activities within the inland port;
(iii)
publish the monitoring data on the department's website; and
(iv)
provide at least annually before November 30 a written report summarizing the 
monitoring data to:
(A)
the Utah Inland Port Authority board, established under Title 11, Chapter 58, 
Part 3, Port Authority Board; and
(B)
the Legislative Management Committee.
Section 2, Section 
19-2-102
 is amended to read:
19-2-102
. Definitions.
As used in this chapter:
(1)
"1990 Clean Air Act" means the federal Clean Air Act as amended in 1990.
(1)
(2)
"Air pollutant" means a substance that qualifies as an air pollutant as defined in 42 
U.S.C. Sec. 7602.
(2)
(3)
"Air pollutant source" means private and public sources of emissions of air 
pollutants.
(3)
(4)
"Air pollution" means the presence of an air pollutant in the ambient air in the 
quantities, for a duration, and under the conditions and circumstances that are injurious 
to human health or welfare, animal or plant life, or property, or would unreasonably 
interfere with the enjoyment of life or use of property, as determined by the rules 
adopted by the board.
(4)
(5)
"Ambient air" means that portion of the atmosphere, external to buildings, to which 
the general public has access.
(5)
(6)
"Asbestos" means the asbestiform varieties of serpentine (chrysotile), riebeckite 
(crocidolite), cummingtonite-grunerite, anthophyllite, actinolite-tremolite, and libby 
amphibole.
(6)
(7)
"Asbestos-containing material" means a material containing more than 1% 
asbestos, as determined using the method adopted in 40 C.F.R. Part 61, Subpart M, 
National Emission Standard for Asbestos.
(7)
(8)
"Asbestos inspection" means an activity undertaken to determine the presence or 
location, or to assess the condition of, asbestos-containing material or suspected 
asbestos-containing material, whether by visual or physical examination, or by taking 
samples of the material.
(8)
(9)
"Board" means the Air Quality Board.
(9)
(10)
"Clean school bus" means the same as that term is defined in 42 U.S.C. Sec. 
16091.
(10)
(11)
"Director" means the director of the Division of Air Quality.
(11)
(12)
"Division" means the Division of Air Quality created in Section 
19-1-105
.
(13)
"EPA" means the federal Environmental Protection Agency.
(12)
(14)
"Friable asbestos-containing material" means a material containing more than 
1% asbestos, as determined using the method adopted in 40 C.F.R. Part 61, Subpart M, 
National Emission Standard for Asbestos, that hand pressure can crumble, pulverize, or 
reduce to powder when dry.
(13)
(15)
"Indirect source" means a facility, building, structure, or installation which 
attracts or may attract mobile source activity that results in emissions of a pollutant for 
which there is a national standard.
(16)
"Operating permit" means a permit issued by the director to sources of air pollution 
that meet the requirements of Titles IV and V of the 1990 Clean Air Act.
(17)
"Regulated pollutant" means the same as that term is defined in Title V of the 1990 
Clean Air Act and implementing federal regulations.
Section 3, Section 
19-2-109.1
 is amended to read:
19-2-109.1
. Operating permit required -- Fees -- Implementation.
(1)
As used in this section and Sections 
19-2-109.2
 and 
19-2-109.3
:
(a)
"1990 Clean Air Act" means the federal Clean Air Act as amended in 1990.
(b)
"EPA" means the federal Environmental Protection Agency.
(c)
"Operating permit" means a permit issued by the director to sources of air pollution 
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 this 
section to comply with Title V of the 1990 Clean Air Act.
(e)
"Regulated pollutant" means the same as that term is defined in Title V of the 1990 
Clean Air Act and implementing federal regulations.
(2)
(1)
A person may not operate a source of air pollution required to have a permit under 
Title V of the 1990 Clean Air Act without having obtained an operating permit from the 
director under procedures the board establishes by rule.
(3)
(2)
(a)
Operating permits issued under this section shall be for a period of five years 
unless the director makes a written finding, after public comment and hearing, and 
based on substantial evidence in the record, that an operating permit term of less than 
five years is necessary to protect the public health and the environment of the state.
(b)
The director may issue, modify, or renew an operating permit only after providing 
public notice, an opportunity for public comment, and an opportunity for a public 
hearing.
(c)
The director shall, in conformity with the 1990 Clean Air Act and implementing 
federal regulations, revise the conditions of issued operating permits to incorporate 
applicable federal regulations in conformity with Section 502(b)(9) of the 1990 Clean 
Air Act, if the remaining period of the permit is three or more years.
(d)
The director may terminate, modify, revoke, or reissue an operating permit for cause.
(4)
(3)
If the owner or operator of a source subject to this section fails to timely pay a fee 
established under Subsection 
19-1-201(1)(f)
, the director may:
(a)
impose a penalty of not more than 50% of the fee, in addition to the fee, plus interest 
on the fee computed at 12% annually; or
(b)
revoke the operating permit.
(5)
(4)
The owner or operator of a source subject to this section may contest a fee 
assessment 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 
(5)
(4)
.
(a)
The owner or operator shall pay the fee under protest before being entitled to a 
hearing. Payment of a fee or penalty under protest is not a waiver of the right to 
contest the fee or penalty under this section.
(b)
A request for a hearing under this Subsection 
(5)
(4)
 shall be made after payment of 
the fee and within six months after the fee was due.
(6)
(5)
To reinstate an operating permit revoked under Subsection 
(4)
(3)
 the owner or 
operator shall pay the outstanding fees, a penalty of not more than 50% of outstanding 
fees, and interest on the outstanding fees computed at 12% annually.
(7)
(6)
Failure of the director to act on an operating permit application or renewal is a final 
administrative action only for the purpose of obtaining judicial review by any of the 
following persons to require the director to take action on the permit or the permit's 
renewal without additional delay:
(a)
the applicant;
(b)
a person who participated in the public comment process; or
(c)
a person who could obtain judicial review of that action under applicable law.
Section 4, Section 
19-2-109.6
 is enacted to read:
19-2-109.6
. Plantwide applicability limitation -- Publication of guidance 
required -- Report to committee -- Rulemaking.
(1)
As used in this section:
(a)
"Facility" means any building, structure, or installation that emits or may emit an air 
pollutant.
(b)
"Plantwide applicability limitation" means the same as that term is defined in 40 
C.F.R. Sec. 52.21.
(2)
The director shall, in conformity with the 1990 Clean Air Act and implementing federal 
regulations:
(a)
develop written guidance on plantwide applicability limitations:
(i)
consistent with the EPA's Guidance on Plantwide Applicability Limitation 
Provisions Under the New Source Review Regulations Memorandum, dated 
August 4, 2020;
(ii)
describing the benefits and advantages for a facility that may qualify for a 
plantwide applicability limitation;
(iii)
considering examples of relevant guidance materials published in other states; 
and
(iv)
considering examples of relevant programs implemented in other states;
(b)
make rules on plantwide applicability limitations in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act:
(i)
establishing an application procedure for obtaining a plantwide applicability 
limitation;
(ii)
establishing the circumstances under which a plantwide applicability limitation 
may be reopened and adjusted;
(iii)
ensuring the division receives input from a facility when the facility's plantwide 
applicability limitation is modified or reopened;
(iv)
requiring public participation when a facility subject to a plantwide applicability 
limitation is reopened; and
(v)
in contrast to 40 C.F.R. Sec. 51.166(w)(10)(iv)(b), requiring the director to renew 
a plantwide applicability limitation at the same level if the emissions level 
calculated upon renewal in accordance with 40 C.F.R. Sec. 51.166(w)(6) is equal 
to or greater than 80% of the existing plantwide applicability limitation level;
(c)
publish the guidance described in Subsection 
(2)(a)
 on the division's website in a 
manner that is easily accessible to members of industry and the public;
(d)
identify any facilities in the state that may benefit from a plantwide applicability 
limitation and share with the facilities the guidance described in Subsection 
(2)(a)
; 
and
(e)
upon request by a facility, provide individual consultation on how to apply for a 
plantwide applicability limitation.
(3)
On or before November 30 of each year, the division shall submit a report to the Natural 
Resources, Agriculture, and Environment Interim Committee:
(a)
detailing the status of facilities adopting a plantwide applicability limitation in the 
state, including the number of plantwide applicability limitation applications 
approved and rejected; and
(b)
recommending improvements to the plantwide applicability limitation program.
(4)
The division may make rules to implement the provisions of this section in accordance 
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Section 5, Section 
19-2-109.7
 is enacted to read:
19-2-109.7
. Permit by rule registration expansion study.
(1)
As used in this section:
(a)
"Permit by rule" means a permitting or registration process in which a stationary 
source submits a written registration notice to the director to exempt the stationary 
source from the requirement to obtain an approval order.
(b)
"Permit by rule" includes a permitting or registration process designed to exempt a 
category of similar stationary sources from the requirement to obtain an approval 
order.
(2)
The division shall conduct a study on the feasibility of expanding the division's permit 
by rule program by:
(a)
reviewing successful permit by rule programs in other states;
(b)
identifying potential categories of sources suitable for inclusion in the permit by rule 
program, including:
(i)
abrasive cleaning;
(ii)
aggregate processing;
(iii)
asphalt plants;
(iv)
auto body refinishing shops;
(v)
boilers and combustion devices;
(vi)
concrete batch plants;
(vii)
crushing and screening operations;
(viii)
degreasing operations;
(ix)
dry cleaning;
(x)
dust control;
(xi)
emergency generators, pumps, and compressors;
(xii)
fuel dispensing;
(xiii)
internal combustion engines;
(xiv)
mineral processing;
(xv)
natural gas-fired boilers and heaters;
(xvi)
printing operations;
(xvii)
sand and gravel operations;
(xviii)
surface coating;
(xix)
landfills; and
(xx)
wood processing; and
(c)
assessing the environmental and economic impacts of expanding the program.
(3)
On or before November 30, 2025, the division shall:
(a)
make rules to include at least five categories of sources listed in Subsection 
(2)(b)
 in 
the division's permit by rule program in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act; and
(b)
report to the Natural Resources, Agriculture, and Environment Interim Committee:
(i)
the division's recommendations for expanding the permit by rule program, 
including:
(A)
the addition of new categories of sources, if any, to the program; and
(B)
changes to statute or rules necessary to implement the program; and
(ii)
the estimated impacts of expanding the permit by rule program on:
(A)
air quality;
(B)
permitting efficiency; and
(C)
regulated sources.
Section 6, Section 
63I-1-219
 is amended to read:
63I-1-219
. Repeal dates: Title 19.
(1)
Title 19, Chapter 2, Air Conservation Act, is repealed July 1, 2029.
(2)
Section 
19-2-109.6
, Plantwide applicability limitation -- Publication of guidance 
required -- Report to committee -- Rulemaking, is repealed July 1, 2026.
(3)
Section 
19-2-109.7
, Permit by rule registration expansion study, is repealed July 1, 2026.
(2)
(4)
Title 19, Chapter 4, Safe Drinking Water Act, is repealed July 1, 2029.
(3)
(5)
Section 
19-4-115
, Drinking water quality in schools and child care centers, is 
repealed July 1, 2027.
(4)
(6)
Title 19, Chapter 5, Water Quality Act, is repealed July 1, 2029.
(5)
(7)
Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act, is repealed July 1, 
2029.
(6)
(8)
Title 19, Chapter 6, Part 3, Hazardous Substances Mitigation Act, is repealed July 
1, 2030.
(7)
(9)
Title 19, Chapter 6, Part 4, Underground Storage Tank Act, is repealed July 1, 2028.
(8)
(10)
Title 19, Chapter 6, Part 6, Lead Acid Battery Disposal, is repealed July 1, 2026.
(9)
(11)
Title 19, Chapter 6, Part 7, Used Oil Management Act, is repealed July 1, 2029.
(10)
(12)
Title 19, Chapter 6, Part 8, Waste Tire Recycling Act, is repealed July 1, 2030.
(11)
(13)
Title 19, Chapter 6, Part 10, Mercury Switch Removal Act, is repealed July 1, 
2027.
Section 7. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-11-25 3:11 PM