Environmental Quality, Air Quality

Rule R307-356

Appliance Pilot Light

Notice of Proposed Rule

(New Rule)

DAR File No.: 36604
Filed: 08/01/2012 03:52:10 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In 2006, EPA tightened the PM2.5 standard from 65 to 35 micrograms per cubic meter. Currently, seven Utah counties do not meet this standard. Natural gas pilot lights emit volatile organic compounds (VOCs) which are precursors to the formation of PM2.5. This new rule for the State Implementation Plan will reduce the VOCs emitted by pilot lights in natural gas appliances by prohibiting their future sale and distribution in the PM2.5 nonattainment areas.

Summary of the rule or change:

This rule prohibits all persons in the PM2.5 nonattainment areas from selling, distributing, offering for sale, or installing any natural gas-fired fan-type central furnaces, gas fireplaces, or gas stoves that require the use of a pilot light for ignition.

State statutory or constitutional authorization for this rule:

• Section 19-2-101
• Section 19-2-104

Anticipated cost or savings to:

the state budget:

There will likely be increased administrative costs to enforce this rule; however, any additional costs should be minimal.

local governments:

There are no added requirements to local government; therefore, there are no anticipated costs or savings.

small businesses:

There will likely be costs to small businesses, as they will no longer be able to sell or install some appliances that use a pilot light for ignition. However, cost should be minimal for two reasons: 1) they will be given until 01/01/2014 to comply with the rule, giving them time to sell of any inventory they have in stock; and 2) most appliances are being manufactured with pilotless options at prices competitive with the appliances manufactured with pilot lights.

persons other than small businesses, businesses, or local governmental entities:

There will be minimal costs to persons other than small businesses, businesses or local government entities. The prices on most pilotless appliances is competitive with appliances with pilot lights. However, for lower-end gas fireplaces there is additional cost for adding the pilotless option, but that cost is often covered by manufacturer rebates.

Compliance costs for affected persons:

Compliance costs should be minimal as businesses will be given sufficient time to sell off current inventories of appliances that use pilot lights. And costs to those purchasing appliances without pilot lights will also be minimal, as pilotless appliances are already commonly manufactured and sold at prices competitive with appliances with pilot lights. Any additional costs to the end user are often offset by manufacturer rebates.

Comments by the department head on the fiscal impact the rule may have on businesses:

The fiscal impact should be minimal as businesses will be given sufficient time to sell off current inventories of appliances that use pilot lights.

Amanda Smith, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Air QualityRoom Fourth Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Mark Berger at the above address, by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/01/2012

Interested persons may attend a public hearing regarding this rule:

• 09/12/2012 10:00 AM, DEQ Bldg, 195 N 1950 W, Room No. 4100, Salt Lake City, UT

This rule may become effective on:

11/08/2012

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-356. Appliance Pilot Light.

R307-356-1. Purpose.

The purpose of R307-356 is to reduce volatile organic compound (VOC) emissions from natural gas-fired fan-type central furnaces, gas fireplaces, and gas stoves.

 

R307-356-2. Applicability.

R307-356 applies to manufacturers, distributors, retailers, and installers of residential, institutional, and commercial n atural gas-fired fan-type central furnaces, fireplaces, stoves, and cooktops, and applies in Box Elder, Cache, Davis, Salt Lake, Tooele, Utah, and Weber counties.

 

R307-356-3. Exemptions.

The requirements of R307-356 shall not apply to:

(1) Units using a fuel other than natural gas;

(2) Units used in recreational vehicles; or

(3) Units manufactured and sold in Box Elder, Davis, Cache, Weber, Salt Lake, and Utah counties that are for shipment and use outside of those counties.

 

R307-356-4. Definitions.

The following additional definitions apply to R307-356:

"Fan type central furnace" means a self-contained space heater providing for circulation of heated air at pressures other than atmospheric through ducts more than ten inches in length that have:

(1) Rated heat input capacity of less than 175,000 BTU per hour; or

(2) For combination heating and cooling units, a cooling rate of less than 65,000 BTU per hour.

"Rated heat input capacity" means the gross heat input capacity specified on the nameplate of either the unit or the burner.

"Recreational vehicle" means a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy.

 

R307-356-4. General Provisions.

After January 1, 2014, no person shall manufacture for sale, distribute, sell, offer for sale, or install any natural gas-fired fan-type central furnaces, gas fireplaces, or gas stoves that require the use of a pilot light for ignition.

 

KEY: pilot light, furnaces, fireplaces, stoves

Date of Enactment or Last Substantive Amendment: 2012

Authorizing, and Implemented or Interpreted Law: 19-2-101; 19-2-104