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SALT LAKE CITY – During a Tuesday legislative briefing on air quality rules and potential regulations to come, some members of Utah's Federalism Commission questioned the ways to meet the requirements of the U.S. Environmental Protection Agency's ozone standard.
The federal ozone standard is 70 parts per million to protect public health from adverse effects of the pollutant. Utah sits at 77 parts per million, said Bryce Bird, director of the Utah Division of Air Quality.
Some rules on the division's drafting table that could be implemented over a three-year time frame include new controls on storage tanks at Salt Lake City area refiners to control the release of chemicals that create ozone, and restrictions on when gas-powered lawn equipment could be used by lawn care companies.
Collectively, enactment of these new controls would be the equivalent of removing 13.2% of pollution caused by tailpipes, Bird explained, and the restrictions on using gas-powered lawn care equipment on high ozone days would eliminate up to 1,076 tons of pollutants per year.
Lawmakers wondered aloud over the additional burden that would be potentially imposed on small businesses.
"I am concerned when we put these rules out on how we know the impacts," said Rep. Keven Stratton. Those additional costs would be passed onto businesses that are already struggling due to inflation and other factors, he added.
Some of the lawmakers on the commission wondered at the utility of pursuing the rules after Bird gave them details on the sources of ozone pollution.
He said 83% of the state's ozone comes from elsewhere — what is known as drift — while 17% of the ozone is from the Wasatch Front. Of that 17%, 8% comes from lawn and garden equipment.
Bird did say the division has been working with those in that field of work, and the feedback has been positive, but Ivory said it is frustrating trying to meet the standard when it is crafted by Washington bureaucrats who "couldn't find Tooele on a map or couldn't pronounce it right to save their lives."
Sen. Dave Hinkins added it is hard to meet a standard when some sources of pollution are outside the state's control.
"How many weed eaters equal a 747?" he questioned, adding the potential regulation of lawn care equipment seems like Utah is swatting at gnats when there are larger sources which the state is powerless to control.
Bird did say ground operations at the Salt Lake City International Airport are about 5% of the ozone problem, confirming what Hinkins added in stating passenger jets could be the biggest issue.
"We're not doing this for fun or to be punitive but to avoid sanctions," Bird said.
The federal government can withhold transportation funding if an area is outside of attainment of air quality standards, and in the arena of air quality, Bird added the state is involved or a party to 10 lawsuits against the federal government.
"We keep chasing these standards that don't seem to ever end. How do we know that we are not chasing our tail?" questioned Rep. Ken Ivory.
