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Both state and federal laws govern the rulemaking process. There are federal requirements when changing a State Implementation Plan (SIP) and the rules that enforce it, and Utah requirements govern the process for all rules by state agencies. In addition, specific requirements for air quality rules are found in Utah Code 19-2.
1. The responsibility for air quality rules and SIP lies with the Air Quality Board (AQB). Utah Division of Air Quality (UDAQ) staff prepare drafts, and the AQB may reject, amend, or adopt as they find appropriate.
The need for a change in a rule may be identified by anyone-- UDAQ staff, affected parties, individual citizens. A request for a change may be submitted anytime following procedures outlined in R15-2. UDAQ staff draft a proposal that is circulated among managers and reviewed by the Attorney General's office.
2. The draft text is included in the packet mailed to the AQB 10 days before the Board meeting with a memo form UDAQ staff requesting that the Board propose the change for public comment.
3. The agenda for the AQB meeting is published in the newspaper 5 days before the meeting, and is posted here. The final agenda is sent to the newspapers 24 hours before the meeting.
4. The Board may make changes before proposing the change for public comment.
A. The proposal is filed with the Division of Administrative Rules (DAR), along with a rule analysis form that:
B. On the 1st and 15th of each month, DAR publishes the Utah State Bulletin, which includes the text of the rule and the information from the rule analysis form. A proposal delivered to DAR by the 15th of the month will be published on the 1st of the following month. Publication in the Bulletin opens the comment period. The comment period lasts 30 days. The rule may become effective 38-120 days after its first publication in the Bulletin.
C. A notice of explanation is published twice in relevant newspapers, 30 days and 14 days before the public hearing.
D. Copies of the text and the explanation are available on our website.
5. Copies of the explanation are mailed to relevant local governments, and about 150 businesses, individuals and groups who have asked to be included on the mailing list.
6. If a public hearing is held it will be about the third week of the public comment period. Sometimes a Board member acts as hearing officer; if not, a staff member does it. Copies of the proposal are available at the hearing. You can link here to "What to Expect at the Public Hearing"
7. After all comments are received, staff summarizes the oral and written comments received, composes responses to each, and drafts any appropriate changes to the proposal.
8. The proposal is placed on the agenda for a meeting of the AQB, with a memo requesting that the Board adopt it. The proposal and the summary of comments and responses are mailed to the Board 10 days before the meeting.
9. The Board may make changes before adopting the rule for final promulgation.
A. If the rule is adopted by the Board in a form unchanged from the original proposal, UDAQ staff makes the rule effective within a few days.
B. If the Board adopts the rule in a form different from that originally published in the Bulletin, the changes are filed with DAR along with a rule analysis form revising all the information originally filed. The revised rule text and explanation are published in the Bulletin again. The effective date must be at least the 30th day after publication in the Bulletin.
C.If the Board does not adopt the proposed changes or a revision within 120 days after the proposal was first published in the Bulletin, the proposal lapses. Any further changes must start over with a new proposal.
D.DAR publishes the notice that the rule is now in effect in the Bulletin.
10. Occasionally, the text of rule changes exceeds the budgeted size of the Bulletin. In that case, DAR may choose not to publish the text of the change. However, the explanation is published, and readers are encouraged to get a copy from the Administrative Rules Bulletin site.
11. Under Utah law, the SIP is incorporated by reference into Utah's Administrative Rules. Thus the text of the SIP is never published in the Bulletin. Therefore, DAQ staff prepare a thorough summary and explanation for publication in the Bulletin and in newspapers. Copies of the SIP text are available here.