Aggregate compliance fee -- Rulemaking

(1) As used in this section: (a) (i) "Aggregate" means rock material, including sand, gravel, stone, and other rock products. (ii) "Aggregate" does not include: (A) metalliferous minerals, as that term is described in Section 59-5-201; (B) mineral salts; (C) gem stones; (D) coal and other energy-rich materials; or (E) frac sand. (b) "Aggregate operation" means a facility or site: (i) engaged in a commercial production to extract, crush, screen, grind, store, or transport aggregate; and (ii) subject to a permitting requirement under Section 19-2-108. (c) "Board" means the Air Quality Board created in Section 19-2-103. (d) "Frac sand" means a quartz silica sand that is: (i) processed to a uniform grain size; and (ii) sold or used in hydraulic fracturing or a similar oil and gas activity to prop open fractures or fissures in a subsurface rock formation for the extraction of hydrocarbons. (e) (i) "Mineral salts" means a salt containing a nonmetallic element. (ii) "Mineral salts" includes chloride compounds, sulfur compounds, potash, gypsum, ammonium nitrate, and phosphate. (2) Beginning on July 1, 2027, and ending on June 30, 2028, the division may impose an annual aggregate compliance fee on an aggregate operation based on annual air pollutant emissions, in an amount: (a) for 20 or less tons of annual emissions, not to exceed $750; (b) for between 20 and 79 tons of annual emissions, not to exceed $1,500; (c) for between 79 and 99 tons of annual emissions, not to exceed $3,500; and (d) for 99 or more tons of annual emissions, not to exceed $4,500. (3) Beginning on July 1, 2028, the division may impose an annual aggregate compliance fee on an aggregate operation in accordance with Title 63J, Chapter 1, Budgetary Procedures Act. (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may make rules to implement the fee described in this section.