There will be less red tape going forward for some of Utah’s polluting industries to break ground.
The Division of Air Quality announced in the Nov. 19 Natural Resources, Agriculture and Environment Interim Committee that seven new industries would be allowed to use Permit By Rule.
The Permit By Rule process is meant to speed up approval timelines, and means industries can operate without going through the usual stringent environmental permitting process if they follow a pre-authorized set of rules.
The list of seven includes fuel storage tanks, abrasive blasting, degreasing operations, municipal solid waste landfills, emergency engines (such as backup generators), dry cleaners and auto body shops.
State political and business leaders have for years complained that Utah’s industrial permitting process takes too long.
Gov. Spencer Cox issued an executive order earlier this year to speed up the permitting process while still taking into account environmental regulations.
“It shouldn’t take years to get approval for a project that benefits our communities and strengthens our economy,” Cox said of the executive order earlier this year.
Spurred on by Cox’s order, Rep. Tyler Clancy sponsored HB85 last legislative session. The bill directed the Division of Air Quality to work with the Department of Health and Human Services. They were instructed to find five “area sources” that could appropriately use a Permit By Rule process without impacting their environmental responsibilities, and assess and mitigate risk to human health.
Rep. Clancy told KUER Permit By Rule programs, “do not lower any environmental standards or enforcement; they only reduce regulatory burden and administrative cost.”
He explained that by expanding this streamlined process to more industries, the state will save time and money, allowing it to focus on “bad actors, not slow down people who are following the rules.”
However, environmental advocates have issues with the process.
According to a 2019 paper from the S.J. Quinney College of Law at the University of Utah, certain industries that are permitted by rule aren't subject to as stringent an environmental assessment.
The president of Utah Physicians for a Healthy Environment, Dr. Brian Moench, believes the state is sacrificing air quality for industry growth.
“I think it's going to be a mistake in terms of regulating various sources of pollution. One of my main concerns is if this sort of process is applied to permits for gravel pits and limestone quarries,” he said.
Portable aggregate processing plants, or mobile crushers, are one of the main pieces of equipment used in gravel pits. They already had exemptions for permitting in Utah, and after the Division of Air Quality’s study, they were added to the new list.
Moench believes gravel pits and equipment used in them require individual assessment, as environmental circumstances like location and climate can impact the level of pollution they cause. In his opinion, the streamlined processes mean these nuances could get lost.
“I don't see a Permit By Rule taking into account a situation where a particular site has some real problems with the exposure to nearby residents,” he said.
He explained that to him, “this just seems to be yet another example where our lawmakers are forever prioritizing the economic growth of the state rather than environmental protection and public health protection.”
In favor of the initiative is Steve Handy, a former Utah lawmaker and the Utah director for The Western Way, an organization that looks for market solutions to environmental challenges.
To him, not every project needs a detailed environmental assessment, and streamlining permitting can promote industry growth while maintaining proper environmental policy.
“I'm an environmentalist,” he said. “I want good air quality, clean air, but I want to be able to accelerate, if we can, in a responsible manner, permitting, and Rep. Clancy's bill seems to be a sensible, common-sense approach.”
Handy explained Utah needs to explore every option when it comes to improving air quality, but not at the expense of shutting down potential projects that could benefit the economy if it doesn't have to.
“I believe that we can find a balance between accelerated permitting for projects yet protect our airshed. We can't move our mountains. We're going to have inversion, but let's do everything we can to reduce emissions in a responsible, common-sense way.”
