19-2-109.5 - Private sector air quality permitting professionals certification program.
19-2-109.5. Private sector air quality permitting professionals certificationprogram.
(1) As used in this section, "AQPP" means an air quality permitting professional.
(2) The board may establish a program to certify private sector AQPPs, includingconsultants and employees of companies that may seek air quality permits from the division. Any program established under this section shall include:
(a) a training program established and operated by the department, which describes andexplains the state law and rules regarding the air quality permit application and approvalprocedure under this chapter;
(b) the requirement to pass an exam to measure qualifications of AQPP applicants;
(c) an option for certification of an AQPP by passing the exam without undergoing anytraining required under the program;
(d) an application process, including a fee established under Section 63J-1-504 thatcovers the costs of the training, testing, and application process and the department's maintenanceof a list of certified AQPPs;
(e) certification of qualified AQPP applicants;
(f) maintenance by the department of a current list of certified AQPPs, which is availableto the public;
(g) procedures for the expedited review by the department of air quality permitapplications submitted by certified AQPPs; and
(h) professional standards for AQPPs.
(3) The board may not require AQPP certification as a condition of preparing orsubmitting a notice of intent or operating permit application under this chapter.
(4) Any program under this section shall provide for revocation of any certificationissued under this section if the department determines, through an administrative hearingconducted under Title 63G, Chapter 4, Administrative Procedures Act, and Section 19-1-301,that the AQPP:
(a) knowingly or negligently submitted false information or data as part of an air qualitypermit application;
(b) prepared more than three air quality permit applications in one calendar year in amanner that each did not substantially comply with department application requirements; or
(c) prepared any air quality permit application in violation of the professional standardsdefined by department rule.
Amended by Chapter 183, 2009 General Session
Amended by Chapter 377, 2009 General Session