Utah Administrative Code
The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).
NOTE: For a list of rules that have been made effective since April 1, 2019, please see the codification segue page.
NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.
R357. Governor, Economic Development.
Rule R357-17. Air Quality Incentive.
As in effect on April 1, 2019
Table of Contents
- R357-17-1. Authority.
- R357-17-2. Definitions.
- R357-17-3. Application Form and Content.
- R357-17-4. Criteria for Air Quality Grant.
- R357-17-5. Required Documentation and Verification Information.
- R357-17-6. Conditions Precedent to Grant Disbursement.
- Date of Enactment or Last Substantive Amendment
- Authorizing, Implemented, or Interpreted Law
(1) Utah Code Annotated (UCA) Subsection 63N-1-402(2)(b) provides that the Board can make, amend or repeal Rules for the purpose of conducting its business.
(1) Terms in these rules are used as defined in Utah Code Annotated (UCA) 63N-3-102.
(1) An application form will be provided by the Office and will contain the following content:
(a) General submission instructions;
(b) Applicant provided project description including:
(i) Emissions profile of the project's operations; and
(ii) Method of intended pollution control measures applicant is submitting for approval from Division of Air quality.
(c) Other criteria and information as requested by the Office in the application;
(d) Any required deadlines and relevant timelines; and
(e) All required documents and information necessary for verification and approval of the application.
(2) The application shall be created in an electronic format available to the public at business.utah.gov
(3) The application shall also be available in paper format for any person or entity that requests a paper copy via mail or telephone.
(1) The amount of the grant shall be determined on a case-by-case basis. Factors to be considered include but are not limited to the requirements listed in UCA 63N-1-109.5 and:
(a) Whether the applicant's industry has been determined by the GOED Board as a Targeted Industry as defined in R357-3-2;
(b) The financial cost and need of assistance for the project, including whether the Company has secured the technology at the time of application;
(c) To what extent the best available control technology (BACT) will mitigate projected pollution by applicant;
(d) Comparison to other technologies available for the relevant emissions profile of the applicant;
(e) The economic environment, including the unemployment rate and the underemployment rate of the county where the BACT will be installed, at the time of application;
(f) The location of the project generally and the where the BACT will be installed;
(g) The average wage level of the forecasted jobs created;
(h) The overall benefit to the State and potential improvement to the air quality of the non-attainment area;
(i) The demonstrated support of the local community for the project overall and the BACT; and
(j) Other factors as reasonably determined by the administrator in consultation with the GOED Board.
(2) Applicant must show it does not qualify for any other grant or incentive that would finance or cover the cost of the BACT.
(3) The Department of Environmental Quality (DEQ) will provide a preliminary assessment of the Applicant's proposal and will report on to what extent the proposal meets DEQ and other state and federal legal and regulatory requirements, including whether the equipment to be purchased meets the design requirements corresponding to the BACT for the relevant emissions profile of the applicant
(a) The assessment is subject to change based on conditions outlined in R357-17-6(1); and
(b) Failure to receive a preliminary approval from this assessment will result in the denial of an application.
(4) A grant will only be awarded to applications that demonstrate the grant is only being used to lower the financing costs associated with the BACT.
(1) An applicant may be required to submit the following information and documentation to verify claims and request made in the application:
(a) Balance Sheets;
(b) Income Statements;
(c) Cash Flow Statements;
(d) Bank statements showing purchase;
(e) Invoices and/or receipts showing purchase;
(f) Market analyses;
(g) Analysis showing comparable technology with the BACT;
(h) Workforce data;
(i) Blueprints or other design specifications of BACT purchased;
(j) Business plans of intended use and benefits;
(k) Forecasted new state revenue associated with the BACT;
(l) Forecasted incremental job creation associated with the BACT;
(m) Forecasted wages associated with the BACT; or
(n) Other information as determined by the administrator within its reasonable discretion.
(2) Information provided by the business entity is subject to the Government Records Access and Management Act. The applicant has the option, at its sole discretion and responsibility, to designate what information provided is private or protected subject to UCA 63G-2-302 and/or UCA 63G-2-305.
(1) A grant awarded under Section 63N-3-109.5 is conditional and will be contingent on the applicant gaining all required approvals and permits for a New Source Review as promulgated by the Department of Environmental Quality.
(a) Copies of all approval documentation and permits must be provided to the administrator before any disbursement of a grant.
(2) Failure to receive the New Source Review permits from the Department of Environmental Quality will result in rescinding the grant award, and no funding will be awarded.
air quality, incentives, industrial assistance account
July 22, 2016
For questions regarding the content or application of rules under Title R357, please contact the promulgating agency (Governor, Economic Development). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.