Different kinds of agency decisions call for different approaches for making effective comments. The most effective comments have one of two primary elements in common: they request actions the agency has legal authority to make, or they provide new information the agency has not yet considered.
Read MoreUpdate Starting May 8, 2012 public comment will be a prerequisite to challenging permitting decisions. Under Section 19-1-301.5, effective May 8, 2012, a person who wishes to challenge an Permit Order may only raise an issue or argument during an adjudicatory proceeding that was raised during the public comment period and was supported with sufficient …
Read MoreUtah environmental legal requirements are generally found in three places: Utah Statutes | Utah Rules | Licenses and Permits Utah Statutes Statutes are laws passed by the Utah Legislature and, usually, signed by the Governor. Utah statutes usually provide general guidance about control of pollutants and about how DEQ should implement a program. The activities …
Read MoreIf an application meets all legal requirements, DEQ is required to issue a license or permit. For that reason, most effective comments have one of two primary elements in common: they request actions the agency has the legal authority to make; or, they provide new information the agency has not yet considered. A review of …
Read MoreIt may be helpful when commenting on a proposed rule to consider the agency’s authority to make the rule. Most environmental statutes authorize one of DEQ’s boards to make rules; the boards have only the authority given to them in that statute. The Utah Drinking Water Board, for example, has these authorities: (1) The board …
Read MoreMost DEQ agencies have an enforcement or penalty policy that guides its decisions about settling a violation. Reviewing the relevant policy would help a commenter focus on those matters that an agency will ordinarily consider. Statute Penalty Policy Air Conservation Act Utah Admin. Code R307-130 Air Conservation—Federal Asbestos Hazard Enforcement Utah Admin. Code R307-135 Drinking …
Read MoreBy Donna Kemp Spangler I understand people’s frustrations when they take the time to submit a written or verbal public comment on a regulatory proposal and at the end of the process, the final rule or regulation doesn’t seem to reflect their comment. They walk away with a feeling their comment doesn’t really matter. That’s …
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Air Quality
Drinking Water
Environmental Response and Remediation
Waste Management and Radiation Control
Water Quality
Executive Director’s Office