NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: Amendment
1. Agency Information
Environmental Quality, Air Quality
Multi-Agency State Office Building
Salt Lake City, UT 84114-4820
2. Contact Persons
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R307-102. General Requirements: Broadly Applicable Requirements
B. Purpose of the new rule or reason for the change:
This rule amendment is being made in response to HB 147 (2026 General Session), Government Form Submission Amendments, which requires that a state agency provide an electronic filing option for submitting forms.
This amendment adds a statement to Rule R307-102 clarifying the accepted methods for submissions.
C. Summary of the new rule or change:
While the Division of Air Quality (Division) already accepts many submissions by electronic means, this amendment adds a statement to Rule R307-102 clarifying that the Division accepts submissions in person, by mail, or electronically except reports that are applicable to the Environmental Protection Agency's Cross-Media Electronic Reporting Rule (CROMERR) Requirements which does not allow for reports to be submitted via email attachment and does not consider scanned signatures to be valid e-signatures.
Changes are also being made to bring Rule R307-102 into compliance with the Utah Rulewriting Manual for Utah and the Executive Order No. 2021-12.
4. Legislative Action Information
A. Are any changes in this filing
because of state legislative action?
Changes are because of legislative action.
B. If yes, any bill number and
session:
HB 147 (2026 General Session)
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
This rule amendment will have no effect on the state budget because it will not change the workload or operating procedures of state government.
This rule amendment will have no impact on local governments because it does not apply to local governments.
C. Small businesses ("small business" means a business employing 1-49 persons):
Although many small businesses already submit documents electronically, this rule amendment may have a small impact on small businesses who submit documents in person or by mail by saving costs associated with postal mailing or driving mileage.
This cost is unquantifiable as the Division has no data to estimate how much postal mailing or driving mileage currently costs these small businesses.
Small businesses who must adhere to CROMERR original signature requirements are still required to submit documents in person or by mail.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
Although many non-small businesses already submit documents electronically, this rule amendment may have a small impact on non-small businesses who submit documents in person or by mail by saving costs associated with postal mailing or driving mileage.
This cost is unquantifiable as the Division has no data to estimate how much postal mailing or driving mileage currently costs these non-small businesses.
Non-small businesses who must adhere to CROMERR original signature requirements are still required to submit documents in person or by mail.
E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
Although many persons other than small businesses, non-small businesses, state, or local government entities already submit documents electronically, this rule amendment may have a small impact on persons who submit documents in person or by mail by saving costs associated with postal mailing or driving mileage.
This cost is unquantifiable as the Division has no data to estimate how much postal mailing or driving mileage currently costs these persons.
Persons who must adhere to CROMERR original signature requirements are still required to submit documents in person or by mail.
F. Compliance costs for affected persons:
There is no compliance costs associated with this rule amendment.
6. Regulatory Impact Summary Table
Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."
7. Regulatory Impact Analysis Approval
The Commissioner of the Department of Environmental Quality, Tim Davis, has reviewed and approved this regulatory impact analysis.
8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and formation:
9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
Cross-Media Electronic Reporting Rule (CROMERR)
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
B. A public hearing (optional) will be held (The public may request a hearing by submitting a written request to the agency, as outlined in Section 63G-3-302 and Rule R15-1.):
Place (physical address or URL):
A public hearing is set for 07/28/2026. Further details may be found below.
The hearing will be cancelled should no request for one be made by 07/23/2026, at 10 AM MST.
The final status of the public hearing will be posted on 07/23/2026, after 10 AM MST.
The status of the public hearing may be checked at the following website location under the corresponding rule.
https://deq.utah.gov/public-notices-archive/air-quality-rule-plan-changes-open-public-comment
Interested Persons can participate in person or electronically, via the internet.
In Person:
MASOB
195 N 1950 W
Salt Lake City, UT
First Floor, Air Quality Board Room
Virtual Attendance:
Time zone: America/Denver
Google Meet joining info:
Video call link:
https://meet.google.com/sax-euqt-ncc
Or dial: (US) +1 443-585-0419
PIN: 227 819 682#
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
Bryce C. Bird, Director, Division of Air
Quality
R307. Environmental Quality, Air Quality.
R307-102. General Requirements: Broadly Applicable Requirements.
R307-102-1. Air Pollution Prohibited; Periodic Reports Required.
(1) Emission of air pollutants in sufficient quantities to cause air pollution as defined in Section R307-101-2 is prohibited. The [S]state statute provides for penalties up to $50,000[/] per day for violation of [S]state statutes, regulations, rules or standards. [(]See Section 19-2-115 for further details[)]. (2) Periodic Reports and Availability of Information. The owner or operator of any stationary air pollutant source in Utah shall furnish to the director the periodic reports required under [Section]Subsection 19-2-104(1)(c) and any other information as the director may [deem]consider necessary to determine whether the source is in compliance with Utah and Federal regulations and standards. The information thus obtained will be correlated with applicable emission standards or limitations and will be available to the public during normal business hours at the Division of Air Quality. Reports, forms, and information submitted to the Division of Air Quality may be submitted in person, by mail, or electronically, except reports that are applicable to the Environmental Protection Agency's Cross-Media Electronic Reporting Rule (CROMERR) original signature requirements. R307-102-2. Confidentiality of Information.Any person submitting information pursuant to [these regulations]Title R307 may request that such information be treated as a trade secret or on a confidential basis, in which case the director shall so treat such information. If no claim is made at the time of submission, the director may make the information available to the public without further notice. Information required to be disclosed to the public under [S]state or [F]federal law may not be requested to be kept confidential. Justification supporting claims of confidentiality shall be provided at the time of submission on the information. Each page claimed "confidential" shall be marked "confidential business information" by the applicant and the confidential information on each page shall be clearly specified. Claims of confidentiality for the name and address of applicants for an approval order will be denied. Confidential information or any other information or report received by the director shall be available to EPA upon request and the person who submitted the information shall be notified simultaneously of its release to EPA. R307-102-3. Reserved.
Reserved.
R307-102-4. Variances Authorized.
(1) Variance from [these regulations]Title R307 may be granted by the Board as provided by law, [(S]see Section 19-2-113,[)] unless prohibited by the Clean Air Act: (a) to permit operation of an air pollution source for the time period involved in installing or constructing air pollution control equipment in accordance with a compliance schedule negotiated by the director and approved by the Board.
(b) to permit operation of an air pollution source where there is no practicable means known or available for adequate prevention, abatement or control of the air pollutants involved. Such a variance shall be only until the necessary means for prevention, abatement or control becomes known and available, subject to the use of substitute or alternate measures the Board may prescribe.
(c) to permit operation of an air pollution source where the control measures, because of their extent or cost, must be spread over a considerable period[ of time]. (2) Variance requests, as set forth in Section 19-2-113, may be submitted by the owner or operator who is in control of any plant, building, structure, establishment, process or equipment.
R307-102-5. No Reduction in Pay.
In accordance with paragraph 110(a)(6), Clean Air Act as amended August 1977, owners or operators may not temporarily reduce the pay of any employee by reason of the use of a supplemental or intermittent or other dispersion dependent control system for the purposes of meeting any air pollution requirement adopted pursuant to the Clean Air Act as amended August 1977.
R307-102-6. Emissions Standards.
Other provisions of Title R307 may require more stringent controls than listed [herein]in this rule, in which case those requirements must be met. KEY: air pollution, confidentiality of information, variances
Date of Last Change: [December 15, 2015]2026 Notice of Continuation: December 7, 2022
Authorizing, and Implemented or Interpreted Law: 19-2-104; 19-2-113
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