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On January 8, 2020, the Utah Attorney General's Office discussed compliance and enforcement with the Utah Air Quality Board. They presented on R307-130, General Penalty Policy. Given the State's trend of increased focus on compliance and enforcement, here is a quick reminder of R307-130's contents.

The purpose of the R307-130 policy is to provide guidance to the director to resolve non-compliance situations. Penalties for non-compliant sources are divided into four categories, ranging from minor to high impact on public health and environment, and spanning from $299 to $10,000 fines per day. The highest penalties are applied to violations of NESHAP standards, nonattainment area or PSD increment exceedances, or documented damage to public health and/or the environment.

The policy allows for adjustments to penalties based on the actions taken or avoided by a non-compliant source. For example, a source's openness, promptness, and willingness to cooperate with the State; the source's history of compliance; the economic benefits of non-compliance; and a source's ability to pay the prescribed penalty may affect the severity of the penalty given.

Of course, an ounce of prevention is worth a pound of cure. Whichever side you find yourself on, Trinity is here to help. Please contact Trinity's Salt Lake City office at (801) 272-3000 ext. 308 for more information.