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Commission discusses EPA nonattainment notice and coordinates with state and industry; holds closed session on imminent litigation

2393383 · January 13, 2025
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Summary

Commissioners discussed the EPA's move to designate the county as 'moderate nonattainment' for air quality and described local and state coordination; the commission then entered a closed session to discuss pending or imminent litigation related to the matter.

Duchesne County commissioners discussed a recent U.S. Environmental Protection Agency notice categorizing the area as in 'moderate nonattainment' for air quality at their Jan. 13 meeting and described steps local officials and industry have taken in response.

A commissioner summarized outreach by the Bingham Research Center and county producers, and said the county remains engaged with state officials and industry to collect data and press for further review. Speakers referenced prior correspondence requesting more time for study and said county leaders have sought state support; the commission noted that county producers have implemented emission‑reduction measures and that meteorological factors can cause episodic ozone increases.

Commission staff and county leaders said they had been facilitating contact among local stakeholders, the Utah Division of Air Quality, the Utah Petroleum Association, and the state attorney general’s office. The commission mentioned that Clay Crozier and assistant attorneys general and state staff were coordinating potential responses and meetings.

After the public discussion, the commission voted unanimously in a recorded roll‑call to enter a closed session under the pending‑or‑imminent‑litigation exception. A short time later the commission reconvened in open session and recorded that there was no action to take following the closed session.

Commissioners did not adopt a formal new policy at the meeting; they directed staff and legal counsel to continue coordinating with the state AG’s office, the Utah Division of Air Quality and affected producers, and to report back to the commission with any developments.