Action Alert

* Oppose SB223 Department of Environmental Quality Boards Amendments --
Margaret Dayton (R-Orem)
http://le.utah.gov/~2010/htmdoc/sbillhtm/sb0223.htm
On Monday at 7 pm, language was made public in a significant bill by
Senator Dayton. Neither the Attorney for the boards, nor DEQ was
consulted in this bill which takes even more authority form the Radiation
Control Board than it does from the AQB.

At 5 pm today, Tues, the agenda was released for the Senate Natural
Resources, Agriculture, & Environment committee that will hear this bill,
Wed, 2/24, 4 pm

Please think carefully about what you can do to stop this bill. Attend
the Committee hearing, contact the Committee, letter to the editor. If
you care about air quality, this bill will reduce the ability of the AQB
to work for air quality, if you care about the environment, this bill
will affect water quality, radiation control, solid & hazardous waste.

Sen Dennis E. Stowell, chair (R)
mailto:dstowell@utahsenate.org
Parowan,H-(435) 477-8143C-(435) 559-8143Fx (435) 477-8111
Sen Allen M. Christensen (R)
mailto:achristensen@utahsenate.org
N Ogden H-(801) 782-5600Cell (801) 710-0315
Sen Gene Davis (D)
mailto:gdavis@utahsenate.org
SLC, H-(801) 484-9428Fax (801) 484-9442
Sen. Margaret Dayton (R)
mailto:mdayton@utahsenate.org
Orem H- (801) 221-0623Fx (801) 221-2513
Sen Karen W. Morgan (D)
mailto:kmorgan@utahsenate.org
SLC Utah O- (801) 538-1406 H-(801) 943-0067 Fx (801) 943-9614
Sen. Ralph Okerlund (R
mailto:rokerlund@utahsenate.org
W.Monroe H(435) 527-3370 C-(435) 979-7077Fx (435) 527-3370

[information]
NOTE This only applies to the Air Quality Board.

1
This bill modifies the AQB membership and reduces its powers and
authority.

2
NEW language
In appointing a member under Subsection (1)(b), the governor shall
appoint: for each appointment, an individual who has at least five years
experience in air pollution matters;

COMMENT
How would this be determined? How would representatives be found for a
rancher, engineer, County & Municipal government, physician or general
public be found with ' five years experience in air pollution matters' ?

3
DELETES
" least one of whom represents organized environmental interests"
two representatives of the public not representing or connected with
industry, at least one of whom represents organized environmental
interests general public, neither of whom derive a significant portion of
their income from a person subject to regulation under this chapter.

Editorial:
This is the seat I hold. Before me, John Veranth, chair before Ernie
Wessman, held it. Before him, Rayne Beach. John & Rayne were
exceptionally able, and were so because they were long time advocates for
air quality, and were familiar with the functions of DAQ & the AQB before
appointment. Without this 'organized environmental interest' seat, there
would be no advocate to reach out to other advocates about air quality
issues.

4
REMOVES AQB POWERS
The following items are removed from the list of AQB authority
(d) secure necessary scientific, technical, administrative, and
operational services, including laboratory facilities, by contract or
otherwise;]
(e) prepare and develop a comprehensive plan or plans for the prevention,
abatement, and control of air pollution in this state;
(g) encourage local units of government to handle air pollution within
their respective jurisdictions on a cooperative basis and provide
technical and consultative assistance to them;
[(h) encourage and conduct studies, investigations, and research relating
to air contamination and air pollution and their causes, effects,
prevention, abatement, and control;
(i) determine by means of field studies and sampling the degree of air
contamination and air pollution in all parts of the state;
(j) monitor the effects of the emission of air contaminants from motor
vehicles on the quality of the outdoor atmosphere in all parts of this
state and take appropriate action with respect to them;
(k) collect and disseminate information and conduct educational and
training programs relating to air contamination and air pollution;
(m) consult, upon request, with any person proposing to construct,
install, or otherwise acquire an air contaminant source in the state
concerning the efficacy of any proposed control device, or system for
this source, or the air pollution problem which may be related to the
source, device, or system, but a consultation does not relieve any person
from compliance with this chapter, the rules adopted under it, or any
other provision of law;
(n) accept, receive, and administer grants or other funds or gifts from
public and private agencies, including the federal government, for the
purpose of carrying out any of the functions of this chapter;
[(p) assess and collect noncompliance penalties as required in Section
120 of the federal Clean Air Act, 42 U.S.C. Sec. 7420;

5
REMOVED POWERS REPLACED BY
(f) exercise all incidental powers necessary to carry out the purposes of
this part to the extent that the exercise of the incidental powers is in
furtherance of one or more of the powers of the board listed in this
section;

6
SIGNIFICANTLY CHANGED LANGUAGE.
Nothing in this chapter authorizes the board to require installation of
or payment for any monitoring equipment by the owner or operator of a
source if the owner or operator has installed or is operating monitoring
equipment that is equivalent to the equipment that the board or
executive secretary would otherwise require under this chapter.

7
NEW
(6) A board member may not represent to any person that the board member
speaks for or acts on behalf of the board without an affirmative vote of
the board at a meeting held in accordance with Title 52, Chapter 4, Open
and Public Meetings Act.

8
EXECUTIVE SECRETARY REMOVED FROM BOARD'S DIRECTION
The powers of the Executive Secretary & Executive Director are modified.
While these are 2 positions, they have historically been held by one
individual, currently Cheryl Heying. The Ex Sec serves at the direction
of the board, and the Ex Dir runs the staff at DAQ. This bill would put
the Ex Sec under the direction of the Ex Dir, further reducing the
ability of the AQB to discharge our responsibility to Utahns for air
quality.

9
AQB POWERS MOVED TO EX SEC
The listed powers removed from the AQB (see#4 above) would be delegated
to the to the Ex Sec.

Although in practice, the AQB has not historically exercised these
authorities directly, the Board has had ultimate responsibility. These
changes appear to reduce the Governor's authority and Increases the
Legislature's authority because of their ultimate power over the DAQ
budget.

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