File No. 36481
This rule was published in the December 1, 2012, issue (Vol. 2012, No. 23) of the Utah State Bulletin.
Environmental Quality, Air Quality
Outdoor Wood Boiler Prohibition
Change in Proposed Rule
DAR File No.: 36481
Filed: 11/08/2012 02:18:08 PM
Purpose of the rule or reason for the change:
During the public comment period, the Division of Air Quality (DAQ) received numerous comments opposing the proposed rule. These comments were predominately from owners of outdoor wood boilers outside of the PM2.5 nonattainment area that were concerned that when their existing units expired, they would not be able to replace them. They also expressed concern that alternate fuels available to them are more expensive than wood.
Summary of the rule or change:
The rule was changed by removing the statewide ban on outdoor wood boilers and by adding a list of prohibited fuels; adding requirements for setbacks from schools, hospitals and day care facilities; establishing stack height requirements; adding new boiler labeling requirements; and in nonattainment areas, requiring those who wish to replace an existing unit in the future to register their existing unit with DAQ, and when they replace their existing unit, requiring them to replace it with a wood pellet outdoor boiler. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the August 1, 2012, issue of the Utah State Bulletin, on page 12. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.)
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 may be adding costs to DAQ to administer this rule; however, costs should be minimal, so there are no anticipated costs or savings to the state budget.
There are no new requirements for local governments; therefore, there are no anticipated costs or savings associated with this change in proposed rule.
These changes will now allow small businesses to sell certain types of outdoor wood boilers in Utah. However, since Utah is not a large market base for these units, the impact should be limited.
persons other than small businesses, businesses, or local governmental entities:
As this change in proposed rule now allows all persons to sell, purchase, install, or transfer an EPA Phase 2 outdoor wood boiler in certain parts of the state, there may be some costs or savings to persons other than small businesses, businesses, or local government entities; however, it is difficult to estimate what those would be.
Compliance costs for affected persons:
Minimal compliance costs will be incurred from the registration requirement. There will be costs for those wishing to replace existing outdoor wood boilers with new outdoor wood boilers, as they would have to be replaced with either an EPA Phase 2 qualified or a wood pellet outdoor boiler. These units are competitively priced, and the costs should be minimal.
Comments by the department head on the fiscal impact the rule may have on businesses:
Businesses will now be able to sell and install certain types of outdoor wood boilers in Utah; however, because Utah is not a large market base for outdoor wood boilers, the fiscal impact should be minimal.
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@example.com
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:
This rule may become effective on:
Bryce Bird, Director
R307. Environmental Quality, Air Quality.
R307-208. Outdoor Wood Boiler
R307-208-1. Purpose and Applicability.
R307-208 applies statewide and establishes a ban on
outdoor wood boilers, also known as wood-fired hydronic
The following additional definition appl[
ies] to R307-208:
"Outdoor wood boiler" means a fuel burning device also known as a wood-fired hydronic heater:
(1) Designed to burn wood or other approved solid fuels;
(2) Specified by the manufacturer for outdoor installation or installation in structures not normally occupied by humans; and
(3) Designated to heat building space or water via the distribution, typically through pipes, of a fluid heated in the device, typically water or a mixture of water and antifreeze.
Beginning September 1, 2013, n]o
person shall sell, offer for sale, supply, install, purchase, or
transfer an outdoor wood boiler.
4]. [ Exemptions.]
(1) All persons who own or operate an outdoor wood boiler
prior to October 4, 2012 shall comply with the following
requirements to be exempt from the rule: (a) Within 180 days of October 4, 2012, register the
outdoor wood boiler with the director or local health district
(b) Operate the outdoor wood boiler in accordance with
outdoor wood boiler manufacturer's instructions; and
(c)] Visible emissions
shall be limited to a shade or
density no darker than 20% opacity as measured by EPA Method 9,
except for the following:
i]) An initial fifteen minute start-up period[ ,] and
ii]) A period of fifteen minutes in any three-hour period in
which emissions may exceed the 20% opacity limitation for
KEY: air pollution, outdoor wood boilers, prohibition
Date of Enactment or Last Substantive Amendment: [
Authorizing, and Implemented or Interpreted Law: 19-2-101; 19-2-104
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2012/b20121201.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Mark Berger at the above address, by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at firstname.lastname@example.org.