19-2-109. Air quality standards — Hearings on adoption — Notice requirements — Orders of director — Adoption of emission control requirements.
| (1) |
Terms Used In Utah Code 19-2-109- 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. See Utah Code 19-2-102
- Ambient air: means that portion of the atmosphere, external to buildings, to which the general public has access. See Utah Code 19-2-102
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Board: means the Air Quality Board. See Utah Code 19-2-102
- Director: means the director of the Division of Air Quality. See Utah Code 19-2-102
| (a) |
The board, in adopting standards of quality for ambient air, shall conduct public hearings. |
| (b) |
Notice of any public hearing for the consideration, adoption, or amendment of air quality standards shall specify the locations to which the proposed standards apply and the time, date, and place of the hearing. |
| (c) |
The notice shall be:
| (i) |
published for the area affected, as a class A notice under Section 63G-30-102, for at least 20 days; and |
| (ii) |
mailed at least 20 days before the public hearing to the chief executive of each political subdivision of the area affected and to other persons the director has reason to believe will be affected by the standards. |
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| (d) |
The adoption of air quality standards or any modification or changes to air quality standards shall be by order of the director following formal action of the board with respect to the standards. |
| (e) |
The order shall be published:
| (i) |
for the area affected, as a class A notice under Section 63G-30-102, for at least 20 days; and |
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| (2) |
| (a) |
The board may establish emission control requirements by rule that in its judgment may be necessary to prevent, abate, or control air pollution that may be statewide or may vary from area to area, taking into account varying local conditions. |
| (b) |
In adopting these requirements, the board shall give notice and conduct public hearings in accordance with the requirements in Subsection (1). |
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Amended by Chapter 435, 2023 General Session
