Breathe Utah Air Activist -- The KVD Blog

2012 Legislative Review

Erin Mendenhall — Mon, 19 Mar 2012 14:55:18 GMT

===2012 Energy & Environmental Legislation ===

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HB70 Air Quality Task Force Arent, P. Adams, JS
http://le.utah.gov/~2012/htmdoc/hbillhtm/hb0070.htm
… creates a legislative task force to study & propose air quality
legislation for next Session.

House: With 20 cosponsors, the bill seemed noncontroversial, but there
were a surprising number of nays on Feb 7: Representatives Anderson,
Bird, Dee, Dougall, Gibson, Herrod, Mathis, McCay,. Morley, Newbold,
Noel, Oda, Painter, Sandstrom, Wright. Absent or not voting: Froerer,
Hughes, Ray, Webb. Republicans all.

Many advocated for funding for the Task Force, responding to frequent
alerts, but apparently support was not sufficient. The air quality
elements were pasted into
HB 28 Economic Development Task Force -- Wilson, B.: Reid, S
http://le.utah.gov/~2012/htmdoc/hbillhtm/HB0028.htm

The Economic Development TF will meet over 2 years (vs 1 yr for HB70).
Membership will be 3 Senators & 6 House members (vs 5 & 8) and unique to
the Economic Development TF, representatives of the Gov, Utah
Manufacturing Assn., Chamber of Commerce, Utah League of Cities and
Towns, Utah Association of Counties. & 2 business persons. The TF will
report to 3 different Interim committees: Workforce Services and
Community and Economic Development; Health and Human Services; and the
Natural Resources, Agriculture, and Environment in 2012 & 2013. We
will need to keep the focus on air quality.

GOOD bill, PASSED diminished.

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HB 104 Local Highway Authority Regulatory Powers -- Harper, W.
Jenkins, S.
http://le.utah.gov/~2012/htmdoc/hbillhtm/hb0104s01.htm

Subject of vigorous opposition by air advocates, this bill was amended
significantly from the starting point, which removed the ability of local
governments to regulate idling and taxi fleets. In the end, regulation
of ground transport was restored with some limits & idling regulation was
returned, with emphasis on education, fine only after 3 warnings, and of
limited amount, and some private property exceptions.

Editorials commented that the Legislature objects to the feds interfering
in Utah, but the Legislature does the same to local governments.

BAD bill, PASSED with improvements.

------------------------------

-
HB 152 Emissions Amendments -- [Dougall] Brown, D.
http://le.utah.gov/~2012/htmdoc/hbillhtm/hb0152s01.htm

This bill would have gutted Utah's Inspection & Maintenance program,
proposing such things as a vehicle emissions inspection could consist
solely of verifying that the check engine light was not lit. This bill
languished in House Rules and popped out abruptly just as the committee
hearings were winding up. A round of heavy negotiating between the
Sponsor and Governor's office resulted in a substitute that only capped
the price of inspections. The House Transportation Committee saw the fee
cap as an intrusion on the free market and declined to pass it.

BAD bill, FAILED

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HB 262 Building Code Amendments -- Cox, F. McAdams, B.
http://le.utah.gov/~2012/htmdoc/hbillhtm/hb0262.htm

This bill would have updated the residential building code to incorporate
2009 energy efficiency provisions. Previously it had been opposed by the
Home Builders association because it would raise the purchase cost
(estimates vary from $600 - $3000 if memory serves). This year, the
Realtors piled on, concerned that new energy efficient homes would
compete against existing housing stock. This bill languished in House
Rules till mid-Feb. When assigned to the House Political Subdivisions
Committee, the Chair, Rep Webb, didn't put it on an agenda, so it was
never heard, and died.

GOOD bill, FAILED

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HJR 1 Sustainable Schools Joint Resolution -- Wheatley, M. Morgan, K.
http://le.utah.gov/~2012/htmdoc/hbillhtm/hjr001s02.htm
…..promotes healthy, energy-efficient schools, encouraging the state and
local school boards to plan for sustainability in both new construction
and major renovation projects.

In the House the Nays were Bird, Butterfield, Dee, Dougall, Frank,
Gibson, Grover, Ivory, Lockhart, Mathis, McCay, Menlove, Newbold, Oda,
Sandstrom, Sanpei, Sumsion, Webb, Wright. The Senate nays Anderson,
Dayton, Stephenson, Valentine, All Republicans.

GOOD Resolution: PASSED

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SB 11 Department of Environmental Quality Boards Adjudicative Proceedings
-- Dayton, M.
http://www.le.utah.gov/~2012/htmdoc/sbillhtm/SB0011.htm

This bill limits the type of judicial process used in DEQ appeals.
Rather than a regular trial, the review is limited to review of the
record, although things that were "not reasonably ascertainable before or
during the public comment period" may be added if the burden of proof is
met. The stated intent is to front load the process, get the issues
raised and resolved before a final action

Environmental attorneys opined that it is reasonable to limit appeals to
the record. Some advocates don't like this, thinking that it increases
the difficulty of an already difficult process. It can be very difficult
to be aware of relevant deadlines and requirements.

BAD Bill, PASSED

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SB 12 Energy Amendments -- Madsen, M. Noel, M.
http://le.utah.gov/~2012/htmdoc/sbillhtm/sb0012s01.htm
…facilitates the ability of, for instance, eBay to contract directly with
a producer of renewable energy. The analogy was that some folks want to
buy 'organic' to stimulate the development of those products.
Significant work was done to prevent the unintended effect of causing
rates in general to rise.

This bill sailed through, with no dissenting votes.

GOOD bill, PASSED

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SB 21 Department of Environmental Quality Boards Revisions -- Dayton, M.
http://le.utah.gov/~2012/htmdoc/sbillhtm/sb0021.htm

The two main effects of this bill are: 1, remove permit appeals from the
5 DEQ boards and 2, revise board membership. All the boards, Air
Quality, Water Quality, Radiation Control, and Drinking Water, Solid &
Hazardous Waste are reduced to 9 members (from 11-13) and a consistent
pattern imposed on all:
1 expert in relevant area
2 government reps (non federal)
3 industrial
2 public (one public health and one environmental or community NGO)
Executive Director (currently Amanda Smith).
The ED’s authority is considerably increased. Besides making rules to
regulate board behavior, the ED is also solely responsible for appointing
and reviewing the work of the Administrative Law Judge (ALJ) who hears
permit appeals.

This bill was slightly improved in the Legislative process, but remains
very flawed. Many remain concerned that the statute doesn't require an
independent ALJ, and the ED retains an unhealthy concentration of
authority.

BAD bill, PASSED.

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SB 122 Urban Farming Assessment Act -- Niederhauser, W.
http://le.utah.gov/~2012/htmdoc/sbillhtm/sb0122.htm

Allows urban farmers in SL County to apply for property tax protection,
maintaining lower agricultural zoning, on land 2 acres or more, that is
used to produce food for sale. If the land is withdrawn from the
program, repayment of the last 10 years difference in tax must be repaid.

The Senate refused to approve a House passed amendment that would have
extended this option to 'counties of the second class' or those with
population over 125,000.

GOOD bill; PASSED

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S.R. 3 Air Quality Senate Resolution (McAdams, B.)
http://le.utah.gov/~2012/htmdoc/sbillhtm/sr0003.htm

This Senate resolution encourages Driver's Ed curriculum include info on
air quality and the choices drivers make that affect air quality.
Inexplicably Senators Anderson & Dayton voted no.

GOOD resolution, PASSED

DEQ Board Bill SB21

Kathy Van Dame — Fri, 10 Feb 2012 18:50:18 GMT

There was a huge turnout of the environmental community Wed at the House Natural Resources, Agriculture & Environment Committee hearing.

SB 21 Substitute 1 Department of Environmental Quality Boards Revisions (Dayton, M.)

Sen. Dayton introduced an amendment to make the Executive Director non voting except to break a tie, and change the enviro member to an 'or'
...
(A) an environmental nongovernmental organization; or
(B) a nongovernmental organization that represents community interests and does not represent industry interests...

Rep Briscoe questioned Dayton and James Holtkamp, attorney, closely about the current and new composition of the boards, particularly the Radiation Control Board.

There were a number of opposing commenters: Clair Geddes; Cherise Udell, Utah Moms for Clean Air; Christopher Thomas, HEAL Utah; James O'Neil, Ut Co.; Marilyn O'Dell for the LWV and Karen Hevel- Mingo, Breathe Utah.   Testimony was cut off due to lack of time.

After the vote, 9 - 1 - 4, Sen Dayton and Rep Briscoe walked out together. During discussion he had alluded to an amendment to insert 'independent' before ALJ.

=== Independent ALJ building block request ===
Th Feb 9, at the DEQ budget appropriations subcommittee hearing, Amanda Smith, DEQ ED, presented a request for $250,000 building block for an independent Administrative Law Judge [ALJ]. This is in the Gov's budget.   Currently the Attorney General office supplies 9 AG's who have been serving as ALJ's for appeals, of which there were 9 in 2011; there are 6 currently ongoing. This ALJ work has taken 2000+ hours of time by the 9 AG's which should be devoted to DEQ work, rule and permit preparation, &c; and interferes with easy communication among the group as they avoid 'ex parte' communication in the matters under adjudication.

Rep Noel & Sen Davis spoke strongly in favor of this grant, which the entire Appropriations Subcommittee seemed in favor. The final vote will be closer to the end of Session when all the requests are prioritized, but the prospects look good now.

=== Attroney removed: seat to industry or expert ? ===
The original recommendation for board composition was
   Executive Director or Designee
   1 Technical subject matter expert who has the appropriate professional credentials: MD, PE, PG, etc.
   2 Government representatives
   2 Public representatives, 1 from public health and 1 NGO
   2 representatives from regulated industries
   1 Environmental attorney

The attorney slot was removed in the Substitute bill and a 3 industry rep added. One informant says attorneys didn't want to donate the time necessary to be on the boards.
If that seat went instead to a 2nd expert seat, the Air Quality Board could keep both Rob Paine, MD and Kerry Kelly, Engineer, 2 of our best members.

If this change were made, the bill would be close to 'good'.

=== media ===
Advocates criticize changes to environmental boards

Groups oppose DEQ board membership rules changes

Ozone in Utah -- surprisingly high in rural Utah

Kathy Van Dame — Mon, 10 Oct 2011 22:37:00 GMT

The Air Quality Board was given an ozone briefing before their Oct 5 meeting. Startlingly high values were reported in Zion, Erda, Wendover, Park City, Huntsville. See #5.

1
"Ozone Health Effects" -Michelle Hofmann, M.D., M.P.H. and Breathe Utah Board member, described how the understanding of ozone's health effects has developed. The current understanding is that high is ozone associated with increased ER visits, hospitalizations & death. Little evidence that ozone causes asthma (except multi sport athletes), but does increase asthma symptoms in those that have it. Children who grow up with high ozone have reduced lung function. Evidence is suggestive that ozone increases the incidence of heart attacks & hearth arrhythmias like PM2.5 but not as much.

Highlighted was the 1996 Atlanta Olympics study where the city made a heroic effort to reduce traffic downtown. Ozone, and other pollution, was reduced and asthma health insurance claims dropped 40%.

2
Colleen Delaney, SIP & rules section, discussed "Ozone Air Quality Standards" from a regulatory viewpoint. Best guess is that next ozone standard revision will be proposed in Oct 13, & finalized in July 14, EPA finalizing ozone non attainment areas in 2016 & SIPs due 2019.    Work on the PM2.5 SIP and fleet turnover (newer cars are cleaner) & other
regulations should reduce ozone levels in Utah before then.

3
Bo Call, Air Monitoring Section Manager, presented "Data Summary - UDAQ, UDOT, UTA". In 2011, none of DAQ's monitors showed a violation.

4
Kiera Harper, DAQ scientist reported on the study she did in Washington Co this year in April - Sept. Zion NP has the most 65+ ppb days but Lytle Ranch, in a very remote location west of St George is not far behind.

5
Seth Arens, DAQ scientist reported on Ozone in N & W Utah.
Erda in Tooele County had highest ozone in 2011
Park City and Huntsville surprisingly high
If standard is lowered to ?70 ppb [currently 75ppb]:– Potential nonattainment in counties
of:
   Davis, Salt Lake, Weber (all)
   Beaver, Box Elder, Carbon,
   Summit, Tooele, Utah,
   Wasatch, Washington
and the Uinta Basin

6
Brock LeBaron, Deputy Director DAQ, reported on Uintah Basin Ozone The Basin has experienced winter inversions with high ozone, close to 2 x the standard, particularly when snow is on the ground. Very complex regulatory situation, with most of the oil & gas wells on tribal land with EPA oversight. Chemistry of winter ozone not understood.

PM 2.5 SIP "...first round of the PM2.5 SIP workgroup meetings has successfully taken place..."

Kathy Van Dame — Thu, 22 Sep 2011 17:11:02 GMT

Good to see the informative message from the DEQ [below] status report on the 2.5 SIP process. Comments, please contact Stacee, sadams@utah.gov .

I haven't viewed the 9/15/11 video yet, but the 6/1/11 video -- taped after the end of June AQB meeting -- provides an excellent foundation to the way DAQ is looking at improving our air quality. Those of you interested in understanding the problem & helping, please think about which things you can improve.

I curious about the inventory, especially how the reactive VOC's are accounted for, and some clear explanation (without math) by a good teacher of what happens in the black box that generates the sensitivity study 'bingo' cards. Sometimes even the direction of the effect reverses. Here's one link from google search on reactive VOC. "...industrial VOC emissions likely significantly understated in earlier inventories..." http://texasiof.ces.utexas.edu/texasshowcase/pdfs/presentations/c2/aforbes.pdf

Other areas worth interest are the proposed strategies, see 'meeting' page.

EPA Control Strategy Menus

EPA RACT/RACM Presentation

Maybe we will get innovative & design new emission reduction strategies that are useful in the whole country, the whole world. The idea of fans & chimneys might finally have numbers attached so we can see the cost. see Control Strategy Worksheet and http://www.airquality.utah.gov/Public-Interest/Current-Issues/pm2.5/pdf/sept2011/Constituent%20Involvement.pdf on the 'meeting' page.
pg.

One link from google search on reactive VOC. "...industrial VOC emissions likely significantly understated in earlier inventories..." http://texasiof.ces.utexas.edu/texasshowcase/pdfs/presentations/c2/aforbes.pdf

Peace, Kathy

--- 9/21/11 ---

From: "Stacee Adams" <sadams@utah.gov>
Date: Wed, 21 Sep 2011 08:49:10 -0600
Subject: PM2.5 SIP process updates

Good morning __ County listserve,

The first round of the PM2.5 SIP workgroup meetings has successfully taken place. Workgroup participants will be meeting with their representative interests or groups to develop a top five list of emissions reductions strategies which will be discussed during the next round of meetings. Any member of the public can participate in this process as well using the information found on the link below.

On the Division of Air Quality’s PM2.5 project website you’ll find links to the information provided to workgroup participants as well as a webcast that will walk you through the presentation. There’s an emissions reductions strategy worksheet you can fill out and provide to any representative of the workgroups or through www.govcomments.com. Any questions, concerns, recommendations or general information you want to provide during this process can be submitted there as well.

If you have questions please contact me.

http://www.airquality.utah.gov/Public-Interest/Current-Issues/pm2.5/index.html

Best regards,

Stacee

Workgroup members named - PM2.5 reduction strategies

Kathy Van Dame — Tue, 09 Aug 2011 00:07:28 GMT

Many of you who are working to improve air quality are already are following the PM2.5 SIP process. The Division of Air Quality (DAQ) has just released the list of members appointed to the various PM2.5 workgroups (one for each of the affected counties. See forwarded message below.

From: "Stacee Adams" <sadams@utah.gov>
To: Kathy Van Dame <dvd.kvd@juno.com>
Date: Tue, 02 Aug 2011 14:37:29 -0600
Subject: PM2.5 Workgroup Update

Good afternoon,

The PM2.5 Reductions Strategy workgroups are set up and their meetings
are in the process of being scheduled. You can find a list of
participants for all of the counties at www.airquality.utah.gov, click on
the blue PM2.5 icon. [scroll down]

If you are interested in submitting comments, ideas, suggestions, or
concerns to the workgroup members please go to http://www.govcomments.com. This
website is the best way to communicate with any of the groups.

Meeting information, including the agenda and information packets, will
be posted when they are completed. Meeting summaries will be posted after
each of the three rounds of meetings. Some workgroup meetings are spread
out over several weeks, so summaries may not be immediately available.
Please contact me if you have questions.

Best regards,

Stacee

Stacee E. Adams
Environmental Planning Consultant
Utah Department of Environmental Quality
Office of Planning & Public Affairs
p: 801-536-4482