§ 19-2-106. Rulemaking authority and procedure.

(1) (a) In carrying out the duties of Section 19-2-104, the board may make rules for the purpose of administering a program under the federal Clean Air Act different than the corresponding federal regulations which address the same circumstances if: (i) the board holds a public comment period, as described in Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and a public hearing; and (ii) the board finds that the different rule will provide reasonable added protections to public health or the environment of the state or a particular region of the state. (b) The board shall consider the differences between an industry that continuously produces emissions and an industry that episodically produces emissions, and make rules that reflect those differences. (2) The findings described in Subsection (1)(a)(ii) shall be: (a) in writing; and (b) based on evidence, studies, or other information contained in the record that relates to the state of Utah and type of source involved. (3) In making rules, the board may incorporate by reference corresponding federal regulations.