19-2-106. Rulemaking authority and procedure.
| (1) |
Terms Used In Utah Code 19-2-106- Board: means the Air Quality Board. See Utah Code 19-2-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Writing: includes :Utah Code 68-3-12.5
| (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:
| (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. |
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| (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. |
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| (2) |
The findings described in Subsection (1)(a)(ii) shall be:
| (b) |
based on evidence, studies, or other information contained in the record that relates to the state of Utah and type of source involved. |
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| (3) |
In making rules, the board may incorporate by reference corresponding federal regulations. |
Amended by Chapter 80, 2015 General Session
