19-2-104 - Powers of board.
19-2-104. Powers of board.
(1) The board may make rules in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act:
(a) regarding the control, abatement, and prevention of air pollution from all sources andthe establishment of the maximum quantity of air contaminants that may be emitted by any aircontaminant source;
(b) establishing air quality standards;
(c) requiring persons engaged in operations which result in air pollution to:
(i) install, maintain, and use emission monitoring devices, as the board finds necessary;
(ii) file periodic reports containing information relating to the rate, period of emission,and composition of the air contaminant; and
(iii) provide access to records relating to emissions which cause or contribute to airpollution;
(d) implementing 15 U.S.C.A. 2601 et seq. Toxic Substances Control Act, Subchapter II- Asbestos Hazard Emergency Response, and reviewing and approving asbestos managementplans submitted by local education agencies under that act;
(e) establishing a requirement for a diesel emission opacity inspection and maintenanceprogram for diesel-powered motor vehicles;
(f) implementing an operating permit program as required by and in conformity withTitles IV and V of the federal Clean Air Act Amendments of 1990;
(g) establishing requirements for county emissions inspection and maintenance programsafter obtaining agreement from the counties that would be affected by the requirements;
(h) with the approval of the governor, implementing in air quality nonattainment areasemployer-based trip reduction programs applicable to businesses having more than 100employees at a single location and applicable to federal, state, and local governments to theextent necessary to attain and maintain ambient air quality standards consistent with the stateimplementation plan and federal requirements under the standards set forth in Subsection (2);and
(i) implementing lead-based paint remediation training, certification, and performancerequirements in accordance with 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act,Subchapter IV -- Lead Exposure Reduction, Sections 402 and 406.
(2) When implementing Subsection (1)(h) the board shall take into consideration:
(a) the impact of the business on overall air quality; and
(b) the need of the business to use automobiles in order to carry out its businesspurposes.
(3) The board may:
(a) (i) hold a hearing that is not an adjudicative proceeding relating to any aspect of ormatter in the administration of this chapter and compel the attendance of witnesses and theproduction of documents and other evidence, administer oaths and take testimony, and receiveevidence as necessary;
(ii) receive a proposed dispositive action from an administrative law judge as providedby Section 19-1-301; and
(iii) (A) approve, approve with modifications, or disapprove a proposed dispositiveaction; or
(B) return the proposed dispositive action to the administrative law judge for further
action as directed;
(b) issue orders necessary to enforce the provisions of this chapter, enforce the orders byappropriate administrative and judicial proceedings, and institute judicial proceedings to securecompliance with this chapter;
(c) settle or compromise any civil action initiated to compel compliance with this chapterand the rules made under this chapter;
(d) secure necessary scientific, technical, administrative, and operational services,including laboratory facilities, by contract or otherwise;
(e) prepare and develop a comprehensive plan or plans for the prevention, abatement,and control of air pollution in this state;
(f) encourage voluntary cooperation by persons and affected groups to achieve thepurposes of this chapter;
(g) encourage local units of government to handle air pollution within their respectivejurisdictions on a cooperative basis and provide technical and consultative assistance to them;
(h) encourage and conduct studies, investigations, and research relating to aircontamination and air pollution and their causes, effects, prevention, abatement, and control;
(i) determine by means of field studies and sampling the degree of air contamination andair pollution in all parts of the state;
(j) monitor the effects of the emission of air contaminants from motor vehicles on thequality of the outdoor atmosphere in all parts of this state and take appropriate action withrespect to them;
(k) collect and disseminate information and conduct educational and training programsrelating to air contamination and air pollution;
(l) advise, consult, contract, and cooperate with other agencies of the state, localgovernments, industries, other states, interstate or interlocal agencies, the federal government,and with interested persons or groups;
(m) consult, upon request, with any person proposing to construct, install, or otherwiseacquire an air contaminant source in the state concerning the efficacy of any proposed controldevice, or system for this source, or the air pollution problem which may be related to the source,device, or system, but a consultation does not relieve any person from compliance with thischapter, the rules adopted under it, or any other provision of law;
(n) accept, receive, and administer grants or other funds or gifts from public and privateagencies, including the federal government, for the purpose of carrying out any of the functionsof this chapter;
(o) require the owner and operator of each new source which directly emits or has thepotential to emit 100 tons per year or more of any air contaminant or the owner or operator ofeach existing source which by modification will increase emissions or have the potential ofincreasing emissions by 100 tons per year or more of any air contaminant, to pay a fee sufficientto cover the reasonable costs of:
(i) reviewing and acting upon the notice required under Section 19-2-108; and
(ii) implementing and enforcing requirements placed on the sources by any approvalorder issued pursuant to notice, not including any court costs associated with any enforcementaction;
(p) assess and collect noncompliance penalties as required in Section 120 of the federalClean Air Act, 42 U.S.C. Sec. 7420;
(q) meet the requirements of federal air pollution laws;
(r) establish work practice, certification, and clearance air sampling requirements forpersons who:
(i) contract for hire to conduct demolition, renovation, salvage, encapsulation workinvolving friable asbestos-containing materials, or asbestos inspections;
(ii) conduct work described in Subsection (3)(r)(i) in areas to which the general publichas unrestrained access or in school buildings that are subject to the federal Asbestos HazardEmergency Response Act of 1986;
(iii) conduct asbestos inspections in facilities subject to 15 U.S.C.A. 2601 et seq., ToxicSubstances Control Act, Subchapter II - Asbestos Hazard Emergency Response; or
(iv) conduct lead paint inspections in facilities subject to 15 U.S.C.A. 2601 et seq., ToxicSubstances Control Act, Subchapter IV -- Lead Exposure Reduction;
(s) establish certification requirements for persons required under 15 U.S.C.A. 2601 etseq., Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response, to beaccredited as inspectors, management planners, abatement project designers, asbestos abatementcontractors and supervisors, or asbestos abatement workers;
(t) establish certification requirements for asbestos project monitors, which shall providefor experience-based certification of persons who, prior to establishment of the certificationrequirements, had received relevant asbestos training, as defined by rule, and had acquired atleast 1,000 hours of experience as project monitors;
(u) establish certification procedures and requirements for certification of the conversionof a motor vehicle to a clean-fuel vehicle, certifying the vehicle is eligible for the tax creditgranted in Section 59-7-605 or 59-10-1009;
(v) establish a program to certify private sector air quality permitting professionals(AQPP), as described in Section 19-2-109.5;
(w) establish certification requirements for persons required under 15 U.S.C.A. 2601 etseq., Toxic Control Act, Subchapter IV -- Lead Exposure Reduction, to be accredited asinspectors, risk assessors, supervisors, project designers, or abatement workers; and
(x) assist the State Board of Education in adopting school bus idling reduction standardsand implementing an idling reduction program in accordance with Section 41-6a-1308.
(4) Any rules adopted under this chapter shall be consistent with provisions of federallaws, if any, relating to control of motor vehicles or motor vehicle emissions.
(5) Nothing in this chapter authorizes the board to require installation of or payment forany monitoring equipment by the owner or operator of a source if the owner or operator hasinstalled or is operating monitoring equipment that is equivalent to equipment which the boardwould require under this section.
Amended by Chapter 377, 2009 General Session