Asbestos Amendments

5
19-2-104
0
Asbestos Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Thomas W. Peterson
Senate Sponsor: Calvin R. Musselman
LONG TITLE
General Description:
This bill addresses provisions related to asbestos.
Highlighted Provisions:
This bill:
modifies asbestos testing requirements for a residential property with four or fewer units;
and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
19-2-104
, as last amended by Laws of Utah 2023, Chapter 139
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
19-2-104
is amended to read:
19-2-104
. Powers of board.
(1)
The board may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act:
(a)
regarding the control, abatement, and prevention of air pollution from all sources and
the establishment of the maximum quantity of air pollutants that may be emitted by
an air pollutant source;
(b)
establishing air quality standards;
(c)
requiring persons engaged in operations that result in air pollution to:
(i)
install, maintain, and use emission monitoring devices, as the board finds
necessary;
(ii)
file periodic reports containing information relating to the rate, period of
emission, and composition of the air pollutant; and
(iii)
provide access to records relating to emissions which cause or contribute to air
pollution;
(d)
(i)
implementing:
(A)
Toxic Substances Control Act, Subchapter II, Asbestos Hazard Emergency
Response, 15 U.S.C. 2601 et seq.;
(B)
40 C.F.R.
Part 763
, Asbestos; and
(C)
40 C.F.R.
Part 61
, National Emission Standards for Hazardous Air Pollutants,
Subpart M, National Emission Standard for Asbestos; and
(ii)
reviewing and approving asbestos management plans submitted by local
education agencies under the Toxic Substances Control Act, Subchapter II,
Asbestos Hazard Emergency Response, 15 U.S.C. 2601 et seq.;
(e)
establishing a requirement for a diesel emission opacity inspection and maintenance
program for diesel-powered motor vehicles;
(f)
implementing an operating permit program as required by and in conformity with
Titles IV and V of the federal Clean Air Act Amendments of 1990;
(g)
establishing requirements for county emissions inspection and maintenance
programs after obtaining agreement from the counties that would be affected by the
requirements;
(h)
with the approval of the governor, implementing in air quality nonattainment areas
employer-based trip reduction programs applicable to businesses having more than
100 employees at a single location and applicable to federal, state, and local
governments to the extent necessary to attain and maintain ambient air quality
standards consistent with the state implementation plan and federal requirements
under the standards set forth in Subsection
(2)
;
(i)
implementing lead-based paint training, certification, and performance requirements
in accordance with 15 U.S.C. 2601 et seq., Toxic Substances Control Act, Subchapter
IV -- Lead Exposure Reduction,
Sections
Secs.
402 and 406; and
(j)
to implement the requirements of Section
19-2-107.5
.
(2)
When
In
implementing Subsection
(1)(h)
,
the board shall
take into consideration
consider
:
(a)
the impact of the business on overall air quality; and
(b)
the need of the business to use automobiles in order to carry out
its
business
purposes.
(3)
(a)
The board may:
(i)
hold a hearing that is not an adjudicative proceeding relating to any aspect of, or
matter in, the administration of this chapter;
(ii)
recommend that the director:
(A)
issue orders necessary to enforce the provisions of this chapter;
(B)
enforce the orders by appropriate administrative and judicial proceedings;
(C)
institute judicial proceedings to secure compliance with this chapter; or
(D)
advise, consult, contract, and cooperate with other agencies of the state, local
governments, industries, other states, interstate or interlocal agencies, the
federal government, or interested persons or groups; and
(iii)
establish certification requirements for asbestos project monitors, which shall
provide for experience-based certification of
a person
an individual
who:
(A)
receives relevant asbestos training, as defined by rule; and
(B)
has acquired a minimum of 1,000 hours of asbestos project monitoring related
work experience.
(b)
The board shall:
(i)
to ensure compliance with applicable statutes and regulations:
(A)
review a settlement negotiated by the director in accordance with Subsection
19-2-107(2)(b)(viii)
that requires a civil penalty of $25,000 or more; and
(B)
approve or disapprove the settlement;
(ii)
encourage voluntary cooperation by persons and affected groups to achieve the
purposes of this chapter;
(iii)
meet the requirements of federal air pollution laws;
(iv)
by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, establish work practice and certification requirements for
persons
who
that
:
(A)
contract for hire to conduct demolition, renovation, salvage, encapsulation
work involving friable asbestos-containing materials, or asbestos inspections if:
(I)
the contract work is done on a site other than a residential property with
four or fewer units; or
(II)
the contract work is done on a residential property with four or fewer units
where a tested sample contained greater than 1% of asbestos;
(B)
conduct work described in Subsection
(3)(b)(iv)(A)
in areas to which the
general public has unrestrained access or in school buildings that are subject to
the federal Asbestos Hazard Emergency Response Act of 1986;
(C)
conduct asbestos inspections in facilities subject to 15 U.S.C. 2601 et seq.,
Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency
Response; or
(D)
conduct lead-based paint inspections in facilities subject to 15 U.S.C. 2601 et
seq., Toxic Substances Control Act, Subchapter IV -- Lead Exposure
Reduction;
(v)
establish certification requirements for a person required under 15 U.S.C. 2601 et
seq., Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency
Response, to be accredited as an inspector, management planner, abatement
project designer, asbestos abatement contractor and supervisor, or an asbestos
abatement worker;
(vi)
establish certification requirements for a person required under 15 U.S.C. 2601 et
seq., Toxic Control Act, Subchapter IV - Lead Exposure Reduction, to be
accredited as an inspector, risk assessor, supervisor, project designer, abatement
worker, renovator, or dust sampling technician; and
(vii)
assist the State Board of Education in adopting school bus idling reduction
standards and implementing an idling reduction program in accordance with
Section
41-6a-1308
.
(4)
A rule adopted under this chapter shall be consistent with provisions of federal laws, if
any, relating to control of motor vehicles or motor vehicle emissions.
(5)
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 equipment which the
board would require under this section.
(6)
(a)
The board may not require testing for asbestos or related materials on a
residential property with four or fewer units, unless:
(i)
the property's construction was completed before January 1, 1981; or
(ii)
the testing is for:
(A)
a sprayed-on or painted on ceiling treatment that contained or may contain
asbestos fiber;
(B)
asbestos cement siding or roofing materials;
(C)
resilient flooring products including vinyl asbestos tile, sheet vinyl products,
resilient flooring backing material, whether attached or unattached, and mastic;
(D)
thermal-system insulation or tape on a duct or furnace; or
(E)
vermiculite type insulation materials.
(a)
The board may not make rules to require an inspection and sample analysis for
asbestos or related materials on a residential property with four or fewer units if the
property's construction was completed on or after January 1, 1992.
(b)
The board may make rules to require an inspection and sample analysis for asbestos
or related materials on a renovation, demolition, or disposal project impacting
asbestos or related materials on a residential property with four or fewer units if the
property's construction was completed:
(i)
before January 1, 1981; or
(ii)
on or after January 1, 1981, and before January 1, 1992, and the inspection or
sample analysis is used to determine the presence of asbestos before renovation,
demolition, or disposal of:
(A)
a sprayed-on textured ceiling treatment;
(B)
asbestos cement siding or roofing materials;
(C)
resilient flooring products including vinyl asbestos tile, sheet vinyl products,
resilient flooring backing material, whether attached or unattached, and mastic;
(D)
thermal-system insulation or tape on a duct or furnace; or
(E)
vermiculite type insulation materials.
(b)
(c)
A residential property with four or fewer units is subject to an abatement rule
made under Subsection
(1)
or
(3)(b)(iv)
if:
(i)
a sample from the property is
tested
analyzed
for asbestos; and
(ii)
the sample contains asbestos measuring greater than 1%.
(7)
The board may not issue, amend, renew, modify, revoke, or terminate any of the
following that are subject to the authority granted to the director under Section
19-2-107

or
19-2-108
:
(a)
a permit;
(b)
a license;
(c)
a registration;
(d)
a certification; or
(e)
another administrative authorization made by the director.
(8)
A board member may not speak or act for the board unless the board member is
authorized by a majority of a quorum of the board in a vote taken at a meeting of the
board.
(9)
Notwithstanding Subsection
(7)
, the board may exercise all authority granted to the
board by a federally enforceable state implementation plan.
Section 2.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-11-26 10:04 AM