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Utah Air Quality Permit (15-UT-a)

Information current as of 2022
In Utah, a geothermal developer may need a permit from the Utah Department of Environmental Quality Division of Air Quality (DEQ) for operations that emit contaminants into the air. Utah Admin. Code r. 307. Most new and/or modified sources of air pollution require an Approval Order from the DEQ before starting construction or operation of any contaminant emitting equipment



Air Quality Permit Process


15-UT-a.1 to 15-UT-a.2 – Is the Facility Exempt from Obtaining an Approval Order

The DEQ may exempt a developer from obtaining an Approval Order if the stationary source meets the small source exemption in Utah Admin. Code r. 307-401-9. Under Utah Admin. Code r. 307-401-9, the DEQ may exclude the source from an Approval Order if:

  • Actual emissions are less than 5 tons per year air contaminant of sulfur dioxide, carbon monoxide, nitrogen oxides, PM10, ozone, or volatile organic compounds;
  • Actual emissions are less than 500 pounds per year of any hazardous air pollutant and less than 2000 pounds of any combination of hazardous air pollutants
  • Actual emissions are less than 500 pounds per year of any air contaminant not listed above and less than 2000 pounds per year of any combination of air pollutants not listed above;
  • Air contaminants are drawn from the environment through equipment in intake air and then released back to the environment without chemical change; or
  • The substance is carbon dioxide, nitrogen, oxygen, argon, neon, helium, krypton, or xenon.

The DEQ may exempt a developer from obtaining an Approval Order if the stationary source meets a source category exemption under Utah Admin. Code r. 307-401-10. Source categories exempt under UAC R307-401-10 include:

  • Fuel-burning equipment in which combustion takes place at no greater pressure than one inch of mercury above ambient pressure with a rated capacity of less than five million BTU per hour using no other fuel than natural gas or LPG or other mixed gas that meets the standards of gas distributed by a utility in accordance with the rules of the Public Service Commission of the State of Utah, unless there are emissions other than combustion products;
  • Comfort heating equipment such as boilers, water heaters, air heaters and steam generators with a rated capacity of less than one million BTU per hour if fueled only by fuel oil numbers 1 – 6;
  • Emergency heating equipment, using coal or wood for fuel, with a rated capacity less than 50,000 BTU per hour; or
  • Exhaust systems for controlling steam and heat that do not contain combustion products.

Additionally, the DEQ may exempt a developer from obtaining an Approval Order if:

15-UT-a.3 – Notice of Intent and Associated Documents

The developer must submit a Notice of Intent to the DEQ for approval. The Notice of Intent should include:

  • A description of the nature of the processes involved; the nature, procedures for handling and quantities of raw materials; the type and quantity of fuels employed; and the nature and quantity of finished product;
  • The expected composition and physical characteristics of effluent stream both before and after treatment by any control apparatus, including emission rates, volume, temperature, air contaminant types, and concentration of air contaminants;
  • The size, type and performance characteristics of any control apparatus;
  • An analysis of best available control technology for the proposed source or modification. When determining best available control technology for a new or modified source in an ozone nonattainment or maintenance area that will emit volatile organic compounds or nitrogen oxides, the owner or operator of the source must consider EPA Control Technique Guidance (CTG) documents and Alternative Control Technique documents that are applicable to the source. Best available control technology must be at least as stringent as any published CTG that is applicable to the source;
  • Location and elevation of the emission point and other factors relating to dispersion and diffusion of the air contaminant in relation to nearby structures and window openings, and other information necessary to appraise the possible effects of the effluent;
  • The location of planned sampling points and the tests of the completed installation to be made by the owner or operator when necessary to ascertain compliance;
  • The typical operating schedule;
  • A schedule for construction;
  • Any plans, specifications and related information that are in final form at the time of submission of notice of intent; and
  • Any additional information necessary to determine if the proposed construction, modification, installation, or establishment will be in accord with Utah Admin. Code r. 307.

Utah Admin. Code r. 307-401-5.

15-UT-a.4 to 15-UT-a.5 – Review Notice of Intent Completeness

The DEQ reviews the Notice of Intent and associated documents for completeness and accepts the Notice of Intent if complete. Utah Admin. Code r. 307-401-6(1).

15-UT-a.6 – Review Notice of Intent

The DEQ Executive Secretary reviews the Notice of Intent and determines whether to issue an approval order or an order prohibiting the proposed construction, installation, modification, relocation, or establishment. Utah Admin. Code r. 307-401-6(2)(b).

15-UT-a.7 – Publish Notice of Proposed Decision and Allow for Comment

The DEQ, prior to issuing an approval or disapproval order, publishes notice of the intent to approve or disapprove in a newspaper of general circulation in the locality of the proposed construction, installation, modification, relocation, or establishment. Utah Admin. Code r. 307-401-7.

15-UT-a.8 – Comment on Proposed Decision

The public receives a thirty-day public comment period to comment on the proposed decision. Utah Admin. Code r. 307-401-7(2)(b)(i).

15-UT-a.9 – Does the Executive Secretary Receive a Hearing Request

A request for a hearing on the proposed decision to approve or disapprove the Approval Order may be submitted to the DEQ Executive Secretary within fifteen days of the date the legal notice is published. Utah Admin. Code r. 307-401-7(2)(b)(iii).

15-UT-a.10 – Hold Public Hearing

If the DEQ Executive Secretary receives a hearing request, the DEQ will hold a public hearing in the area of the proposed construction, installation, modification, relocation, or establishment. Utah Admin. Code r. 307-401-7(2)(b)(iv).

15-UT-a.11 – Amend Proposed Decision

The DEQ Executive Secretary will consider all comments received during the public comment period and at the public hearing and will make any necessary changes to the proposal in response to the comments before issuing an Approval or Disapproval Order. Utah Admin. Code r. 307-401-7(3)(b).

15-UT-a.12 - Does the Executive Secretary Approve the NOI under R307-401-8

The DEQ Executive Secretary determines whether the stationary source meets the approval criteria in Utah Admin. Code r. 307-401-8.

15-UT-a.13 – Disapproval Order

If the DEQ Executive Secretary determines that the stationary source does not meet the approval criteria in Utah Admin. Code r. 307-401-8, the Executive Secretary issues a Disapproval Order.

15-UT-a.14 – Approval Order

If the DEQ Executive Secretary determines that the stationary source meets the approval criteria in Utah Admin. Code r. 307-401-8, the Executive Secretary issues an Approval Order.

15-UT-a.15 – Conduct 18 Month Review

Approval Orders issued by the DEQ Executive Secretary are reviewed 18 months after the date of issuance to determine the status of construction, installation, modification, relocation, or establishment. Utah Admin. Code r. 307-401-18.


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Contact Information






Edit Utah Department of Environmental Quality
Air Permitting Approval Order Contact (Title V) 801.536.4151 martygray@utahabbazabbagov Visit Website


Edit Utah Department of Environmental Quality
Air Permitting Approval Order Section Manager 801.536.4429 tandrus@utahabbazabbagov Visit Website

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