19-2a - Air Quality - Special Provisions
Title 19 > 19-2a
Sections (5)
19-2a-101 - Title.
This chapter is known as “Air Quality - Special Provisions.”
19-2a-103 - Gasoline vapor recovery — Penalties.
19-2a-103(1) As used in this section:“Gasoline cargo tank” means a tank that:is intended to hold gasoline;has a capacity of 1,000 gallons or more; andis attached to or intended to be drawn by a motor vehicle.”Operator” means an individual who controls a motor vehicle:to which a gasoline cargo tank is attached; orthat draws a gasoline cargo tank.”Petroleum storage tank” means the same as that term is defined in Section 19-6-402. 19-2a-103(2) The operator of a gasoline cargo tank shall comply with requirements of this section if the operator:permits the loading of gasoline into the gasoline cargo tank; orloads a petroleum storage tank with gasoline from the gasoline cargo tank. 19-2a-103(3) Except as provided in Subsection (6), the operator of a gasoline cargo tank may permit the loading of gasoline into a tank described in Subsection (2) or load a petroleum storage tank with gasoline from the gasoline cargo tank described in Subsection (1) only if:emissions from the tank that dispenses 10,000 gallons or more in any one calendar month are controlled by the use of:a properly installed and maintained vapor collection and control system that is equipped with fittings that:make a vapor-tight connection; andprevent the release of gasoline vapors by automatically closing upon disconnection; andsubmerged filling or bottom filling methods; andthe resulting vapor emitted into the air does not exceed the levels described in Subsection (4). 19-2a-103(4) Vapor emitted into the air as a result of the loading of a tank under Subsection (3) may not exceed 0.640 pounds per 1,000 gallons transferred. 19-2a-103(5) The department may fine an operator who violates this section:up to 2,000 for a second offense.An operator who violates this section is guilty of a class C misdemeanor for a third or subsequent offense. 19-2a-103(6) If a facility at which a petroleum storage tank is located does not have the equipment necessary for an operator of a gasoline cargo tank to comply with Subsection (3), the operator is excused from the requirements of Subsections (3) and (4) and may not be fined or penalized under Subsection (5).
19-2a-105 - Prescribed fires, pile burns, and nonfull suppression events.
19-2a-105(1) As used in this section:
“Board” means the Air Quality Board. “Burn plan” means the plan required for each fire application ignited by a land manager. “Burn window” means the period of time during which the prescribed fire is scheduled for ignition. “Director” means the director of the division. “Division” means the Division of Air Quality created in Section 19-1-105. “Exceptional event” means one or more prescribed burning or pile burning events and the resulting emissions that affect air quality in such a way that there exists a clear causal relationship between the specific event and the monitored exceedance or violation. “Land manager” means a person who administers, directs, oversees, or controls the use of public or private land, including the application of fire to the land. “Large prescribed fire” means a fire that a land manager ignites to meet a specific objective, including a resource benefit that covers 20 acres or more per burn. “Large prescribed pile fire” means a fire that a land manager ignites to meet a specific objective, including a resource benefit, that exceeds 30,000 cubic feet per day. “Nonfull suppression event” means a naturally ignited wildland fire for which a land manager secures less than full suppression to accomplish a specific prestated resource management objective in a predefined geographic area. “Pile burning” means a fire or fires that a land manager ignites for fuel mitigation designed to reduce the risk of catastrophic fire, improve ecological health, and prevent dangerous wildfires by burning piled or scattered leaves, pine needles, downed trees, natural woody debris, thick vegetation, or similar organic material left behind after logging or other forest treatments. “Prescribed burning” means the planned and controlled burning of plant material in order to minimize the risk of catastrophic wildfire or to meet specific land management objectives. “Wildland” means an area in which development is essentially nonexistent other than the existence of a pipeline, power line, road, railroad, or other transportation or conveyance facility or one or more structures that are widely scattered. 19-2a-105(2) The division may not permit a land manager to conduct a large prescribed fire or large prescribed pile fire if the land manager does not comply with the rules made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. In the rules made by the board under this Subsection (2), the board shall require the land manager to: describe the use of a state, county, or municipal resource in the large prescribed fire or large prescribed pile fire; provide the division the burn plan for a large prescribed fire or large prescribed pile fire by no later than one week before the day of the burn window; and notify the division of a nonfull suppression event once a fire becomes a nonfull suppression event. 19-2a-105(3) The director shall approve a prescribed burning or pile burning in wildland areas and the prescribed burning or pile burning may be conducted under the following conditions:
the United States National Weather Service clearing index in the area of the burn is 500 or greater; the United States National Weather Service clearing index in the area of the burn is less than 500, and to maximize the opportunities for prescribed burning or pile burning the director approves a prescribed burning or pile burning after the land manager demonstrates to the director that the planned prescribed burning or pile burning will: not cause an exceedance of a national ambient air quality standard outside the wildland area; minimize the long range transport of smoke; and protect visibility in mandatory federal class 1 areas; or the United States National Weather Service clearing index in the burn area is less than 500 and the prescribed burning or pile burning may cause an exceedance of a national ambient air quality standard outside the wildland area if the land manager demonstrates to the director that the prescribed burning or pile burning fuel conditions are optimal to: protect safety of the public and fire staff; minimize the risk of catastrophic fire; achieve necessary watershed and ecological conditions; and establish, restore, or maintain a sustainable and resilient wildland ecosystem or to preserve endangered or threatened species through a program of prescribed burning or pile burning. 19-2a-105(4) The director shall approve a prescribed burning or pile burning to reduce hazardous fuels for public safety in areas not defined as wildland and the prescribed burning or pile burning may be conducted under the following conditions:
the United States National Weather Service clearing index in the area of the burn is 500 or greater; or the United States National Weather Service clearing index in the area of the burn is less than 500, and to maximize the opportunities for prescribed burning or pile burning the director approves a prescribed burning or pile burning after the land manager: provides a demonstration that includes an assessment of the impact to local receptors; implements measures to notify residents; and minimizes residents exposure to smoke. 19-2a-105(5) The director shall approve a prescribed burning or pile burning for resource management purposes in areas not defined as wildland and the prescribed burning or pile burning may be conducted under the following conditions:
the United States National Weather Service clearing index in the area of the burn is 500 or greater; or the United States National Weather Service clearing index in the area of the burn is less than 500, and to maximize the opportunities for prescribed burning or pile burning the director approves a prescribed burning or pile burning after the land manager demonstrates that the planned prescribed burning or pile burning will: not cause an exceedance of a national ambient air quality standard; minimize the long range transport of smoke; and protect visibility in mandatory federal class 1 areas. 19-2a-105(6) The division shall make the necessary filings with the United States Environmental Protection Agency if a prescribed burning or pile burning approved by the director results in an exceptional event.
19-2a-106 - Division of Air Quality Oil, Gas, and Mining Restricted Account.
19-2a-106(1) As used in this section:
“Account” means the Division of Air Quality Oil, Gas, and Mining Restricted Account created by this section. “Division” means the Division of Air Quality. 19-2a-106(2) There is created a restricted account within the General Fund known as the “Division of Air Quality Oil, Gas, and Mining Restricted Account.” The account consists of: deposits to the account made under Section 51-9-306; appropriations from the Legislature; and interest and other earnings described in Subsection (2)(c). The Office of the Treasurer shall deposit interest and other earnings derived from investment of money in the account into the account. 19-2a-106(3) Upon appropriation by the Legislature, the division shall use money from the account to pay the costs of programs or projects administered by the division that are primarily related to oil, gas, and mining. An appropriation provided for under this section is not intended to replace the following that is otherwise allocated for the programs or projects described in Subsection (3)(a): federal money; or a dedicated credit. 19-2a-106(4) Appropriations made in accordance with this section are nonlapsing in accordance with Section 63J-1-602.1.
19-2a-107 - Point source pollution of halogens — Control technology plan — Annual report.
19-2a-107(1) As used in this section:“Division” means the Division of Air Quality created in Section 19-1-105.”Major halogen source” means a facility, building, structure, or installation that has the potential to emit 3,000 tons or more of a halogen per year from the smelting, mining, or extracting of magnesium. 19-2a-107(2) The division may complete a best available control technology emissions reduction plan to reduce halogen emissions for all major halogen sources.The division may require an operating major halogen source to implement a plan described in Subsection (2)(a) with an implementation date determined by the division.The division may create a plan described in Subsection (2)(a) based on the division’s status report for halogen reductions and standards recommendations submitted to the Natural Resources, Agriculture, and Environment Interim Committee in October 2024. 19-2a-107(3) The division may modify the plan described in Subsection (2) to include a more cost-effective control technology if the cost-effective control technology achieves the same or better reduction in halogen emissions as the best available control technology. 19-2a-107(4) The division shall submit a halogen emissions report to the Natural Resources, Agriculture, and Environment Interim Committee on or before October 31 of each year.The report described in Subsection (4)(a) shall include:the status of halogen emissions in this state;the effectiveness of the controls described in Subsection (2); andrecommendations, if any, from the division for legislative action to address halogen emissions.