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:
Terms Used In Utah Code 19-2-109.1- 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
- 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
- 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.
- Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- 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
| (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. |
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| (2) |
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) |
| (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. |
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| (4) |
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. |
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| (5) |
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).
| (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) shall be made after payment of the fee and within six months after the fee was due. |
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| (6) |
To reinstate an operating permit revoked under Subsection (4) 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) |
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:
| (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. |
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Amended by Chapter 256, 2020 General Session
