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Utah DEQ seeks greater state control of environmental rules; EPA engagement ongoing
Summary
Department of Environmental Quality director Tim Davis told the Commission on Federalism he has met repeatedly with EPA officials and is pursuing authority transfers and reconsiderations of recent federal air and water rules. DEQ plans to host a public listening session on WOTUS and explore state-led approaches to cleanup, nuclear and air issues.
Tim Davis, director of the Utah Department of Environmental Quality, told the Commission on Federalism on May 13 that he is actively engaging the U.S. Environmental Protection Agency (EPA) to reconsider several federal decisions and to explore opportunities for Utah to assume greater regulatory responsibility.
Davis said he has met three times with EPA Administrator Lee Zeldin and with EPA Region 8 leadership. "If we can bring authority to Utah, and we can do it in a way that protects and improves our air, land, and water while supporting growth in our communities, and we can show that we can do it, then ideally, we can lessen that pendulum," Davis said, describing how federal actions can change across administrations.
Davis identified areas under active discussion with EPA, including reconsideration of certain nonattainment designations and regional haze determinations, air-quality transport rules, and faster paths for cleanup of contaminated lands. He also said DEQ will host a listening session about revisions to the Waters of the U.S. definition following the U.S. Supreme Court’s Sackett decision. The session is scheduled for May 29 at the DEQ headquarters.
The director described a state role in facilitating nuclear development, saying the state has hosted a recent nuclear summit and is exploring how to advance nuclear projects "on time, and safe" without the cost overruns seen in other states.
Davis told the commission he has proposed that Utah act as a regulatory “test kitchen” to demonstrate state-led approaches that preserve environmental protection while offering regulatory certainty to businesses.
Commission members asked DEQ to continue coordinating with federal delegation staff and the commission on specific proposals and legal strategies, including avenues opened by recent federal court decisions and administrative rules. Representative Casey Snyder asked whether DEQ would revisit earlier agency studies related to Chevron deference and other legal issues; Davis said DEQ is already working on several such inquiries and that the administration has asked states to present requests promptly to avoid end-of-administration timing constraints.
Davis did not recommend any immediate rule changes at the meeting; he framed DEQ’s work as active engagement and preparation to assume or expand state roles where legally permitted and administratively feasible.
