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:
R307-105. General Requirements: Emergency Controls
B. Purpose of the new rule or reason for the change:
The Division of Air Quality is submitting this filing to comply with HB 384 (2026 General Session) which changed the title of the "Executive Director" of the Department of Environmental Quality to "commissioner."
C. Summary of the new rule or change:
This filing changes all references in Rule R307-105 of the "Executive Director" of the Department of Environmental Quality to "commissioner."
The Division is also making additional necessary amendments to Rule R307-105 to bring this rule into compliance with Executive Order No. 2021-12 requiring all departments to update their respective rules to align with the Rulewriting Manual for Utah standards.
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 384 (2026 General Session)
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
There are no anticipated costs or savings to the state budget as there is no fiscal component related to the amendments.
This amendment will not change any operating procedures.
There are no anticipated costs or savings for local governments as there is no fiscal component related to the amendments.
This amendment will not change any operating procedures.
C. Small businesses ("small business" means a business employing 1-49 persons):
There are no anticipated costs or savings for small businesses as there is no fiscal component related to the amendments.
This amendment will not change any operating procedures.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
There are no anticipated costs or savings for non-small businesses as there is no fiscal component related to the amendments.
This amendment will not change any operating procedures.
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):
There are no anticipated costs or savings for persons other than small businesses, non-small businesses, state, or local government entities as there is no fiscal component related to the amendments.
This amendment will not change any operating procedures.
F. Compliance costs for affected persons:
There are no compliance costs for affected persons as there is no fiscal component related to the amendments.
This amendment will not change any operating procedures.
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:
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 09/30/2026.
Further details may be found below.
The hearing will be cancelled should no request for one be made by 09/28/2026, at 10 AM MT.
The final status of the public hearing will be posted on 09/28/2026, after 10 AM MT.
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/bqu-wkmm-rxr
Or dial: (US) +1 530-500-4088
PIN: 552 615 345#
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.
R307-105. General Requirements: Emergency Controls.
R307-105-1. Air Pollution Emergency Episodes.
(1) Determination of an episode and its extent or stage shall be made by the director taking into consideration the levels of pollutant concentrations contained at 40 CFR Section 51.151 and 40 CFR Section 51, Appendix L, and summarized in the table [below]"Air Pollution Episode Criteria": AIR POLLUTION EPISODE CRITERIA (values in micrograms/cubic meter unless stated otherwise) POLLUTANT ALERT WARNING EMERGENCY EXCEEDED SULFUR DIOXIDE 800 1,600 2,100 2,620 24-hour average (0.3 ppm) (0.6 ppm) (0.8 ppm) (1.0 ppm) 8-hour average 17,000 34,000 46,000 57,500 (15 ppm) (30 ppm) (40 ppm) (50 ppm) 1-hour average 400 800 1,000 (0.2 ppm) (0.4 ppm) (0.5 ppm) NITROGEN DIOXIDE 1130 2,260 3,000 3,7501-hour average (0.6 ppm) (1.2 ppm) (1.6 ppm) (2.0 ppm) NITROGEN DIOXIDE 282 565 750 938 24-hour average (0.15 ppm) (0.3 ppm) (0.4 ppm) (0.5 ppm)] AIR POLLUTION EPISODE CRITERIA (values in micrograms/cubic meter unless stated otherwise) An air pollution alert, air pollution warning, or air pollution emergency will be declared [when]if any one of the [above ]pollutants listed in the table "Air Pollution Episode Criteria" reaches the specified levels at any monitoring site. In addition to the levels listed for the [above ]pollutants in the table "Air Pollution Episode Criteria", meteorological conditions are such that pollutant concentrations can be expected to remain at the [above ]levels listed in the table "Air Pollution Episode Criteria" for [twelve (]12[)] or more hours or increase, or in the case of ozone, the situation is likely to reoccur within the next 24-hours unless control actions are taken. ALERT The Alert level is that concentration at which first stage control action is to begin.
WARNING The warning level indicates that air quality is continuing to degrade and that additional control actions are necessary.
EMERGENCY The emergency level indicates that air quality is continuing to degrade toward a level of significant harm to the health of persons and that the most stringent control actions are necessary.
(2) The director shall also take into consideration, to determine an episode and its extent, rate of change of concentration, meteorological forecasts, and the geographical area of the episode, including a consideration of point and area sources of emission, where applicable.
R307-105-2. Emergency Actions.
(1) If an episode is determined to exist, the [Executive Director]commissioner, with concurrence of the [G]governor shall: (a) Make public announcements pertaining to the existence, extent, and area of the episode; and[.] (b) [R]require corrective measures as necessary to prevent a further deterioration of air quality. (2) Episode termination shall be announced by the [Executive Director]commissioner, with concurrence of the [G]governor, once monitored pollutant concentration data and meteorological forecasts determine the crisis is over. KEY: air pollution, emergency powers, governor*, air pollution
Date of Last Change: [September 15, 1998]2026 Notice of Continuation: May 4, 2022
Authorizing, and Implemented or Interpreted Law: 19-2-112
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