DAR File No. 36481

Environmental Quality, Air Quality

Rule R307-208

Outdoor Wood Boilers

Change in Proposed Rule

DAR File No.: 36481
Filed: 02/07/2013 10:06:01 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule recently went through a second public comment period from 12/01/2012 to 12/31/2012. The Division of Air Quality (DAQ) received comments from industry that DAQ staff evaluated and responded to. Based on those comments and DAQ's responses, the Utah Air Quality Board has proposed changes to the proposed rule.

Summary of the rule or change:

Throughout the rule, the deadline in which a person can sell, offer for sale, supply, install, purchase or transfer an outdoor wood boiler is extended from 03/01/2013 to 05/01/2013. Section R307-208-2 is changed by adding language to clarify that EPA Phase 2 qualified wood boilers and EPA Phase 2 qualified wood pellet outdoor boilers can be sold and purchased outside of the area described in Subsection R307-208-5(1) after 05/01/2013. Certain new boiler labeling requirements are removed from Section R307-208-4. Language is added in Section R307-208-5 to clarify that inside a nonattainment or maintenance area, owners of existing outdoor wood boilers may only replace existing ones with an EPA Phase 2 qualified wood pellet outdoor wood boiler. (DAR NOTE: This is the second change in proposed rule (CPR) for Rule R307-208. The original proposed new rule upon which the first CPR was based was published in the August 1, 2012, issue of the Utah State Bulletin, on page 12. The first CPR upon which this second CPR is based was published in the December 1, 2012, issue of the Utah State Bulletin, on page 56. Underlining in the rule below indicates text that has been added since the publication of the proposed new rule mentioned above; strike out indicates text that has been deleted. You must view the first CPR, the second CPR, 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 19-2-104
• Section 19-2-101

Anticipated cost or savings to:

the state budget:

The changes in the proposed rule do not create any new requirements on the state; therefore, there are no anticipated costs or savings to the state budget.

local governments:

There are no new requirements for local government; therefore, there are no anticipated costs or savings.

small businesses:

These changes will limit what kinds of wood boilers and wood pellet outdoor boilers small businesses can sell. However, since Utah is not a large market base for these units and because these units are maintained in ready stock, the impact should be minimal.

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

As this CPR now limits what kinds of outdoor wood boilers and pellet wood boilers can be sold, purchased, installed, or transferred 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:

There will be some costs for those living in nonattainment and maintenance areas to replace an existing outdoor wood boiler with a new outdoor wood boiler, as those units will need to be replaced with an EPA Phase 2 qualified wood pellet outdoor boiler. However, those 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:

In nonattainment and maintenance areas, businesses will be limited to selling and installing only EPA Phase 2 qualified wood pellet outdoor wood boilers. Because Utah is not a large market base for these units, costs 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 mberger@utah.gov

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:

04/01/2013

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-208. Outdoor Wood Boilers.

R307-208-1. Definitions.

The following additional definitions apply to R307-208:

"Clean wood" means wood that has not been painted, stained, or treated with any coatings, glues or preservatives, including, but not limited to, chromated copper arsenate, creosote, alkaline copper quaternary, copper azole or pentachlorophenol.

"Commercial new outdoor wood boiler" means a new outdoor wood boiler with a thermal output rating greater than [2]350,000 BTU per hour.

"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.

"New outdoor wood boiler" means an outdoor wood boiler that commences operation on or after March 1, 2013.

"Sole source of heat" means the solid fuel burning device is the only available source of heat for the entire residence or business, except for small portable heaters.

"Residential new outdoor wood boiler" means a new outdoor wood boiler that has a thermal output rating of 250,000 BTU per hour or less.

"Unseasoned wood" means wood that has not been allowed to dry for at least six months.

"Wood pellet outdoor boiler" means an outdoor wood boiler with an automatic pellet feed mechanism.

 

R307-208-2. Prohibition.

(1) Prohibited fuels. No person shall burn any of the following items in an outdoor wood boiler:

(a) Wood that does not meet the definition of clean wood;

(b) Unseasoned wood;

(c) Garbage;

(d) Tires;

(e) Yard waste, including lawn clippings;

(f) Materials containing plastic;

(g) Materials containing rubber;

(h) Waste petroleum products;

(i) Paints or paint thinners;

(j) Household or laboratory chemicals;

(k) Coal;

(l) Glossy or colored paper;

(m) Construction and demolition debris;

(n) Plywood;

(o) Particleboard;

(p) Fiberboard;

(q) Oriented strand board;

(r) Manure;

(s) Animal carcasses;

(t) Asphalt products;

(2) No person shall operate an outdoor wood boiler within 1000 feet of a private or public school, hospital or day care facility.

(3) Setback. A new residential outdoor wood boiler shall not be located less than 100 feet from the nearest property boundary line. A new commercial outdoor wood boiler shall not be located less than 200 feet from the nearest property boundary nor 300 feet from a property boundary of a residentially zoned property.

(4) Stack height. A new outdoor wood boiler shall have a permanent stack extending five feet higher than the peak of any roof structure within 150 feet of the outdoor wood boiler.

(5) In areas other than those described in R307-208-5(1), no person shall sell, offer for sale, supply, install, purchase, or transfer an outdoor wood boiler after [March]May 1, 2013, unless it is EPA Phase 2 qualified wood boiler or [a]EPA Phase 2 qualified wood pellet outdoor boiler.

 

R307-208-3. Visible Emission Standard.

(1) Visible emissions for all outdoor wood boilers shall be limited to a shade or density no darker than 20% opacity as measured by EPA Method 9, except for the following:

(a) An initial fifteen minute start-up period; and

(b) A period of fifteen minutes in any three-hour period in which emissions may exceed the 20% opacity limitation for refueling.

 

R307-208-4. New Boiler Labeling.

(1) A permanent label shall be affixed to all new outdoor wood boilers by the manufacturer.

(a) The label material shall be durable to last the lifetime of the new unit.

(b) The label shall be affixed so that it cannot be removed.

(c) The label shall be affixed so that it is readily visible.

(d) The following information shall be displayed on the label:

(i) [Name and address of the manufacturer;

(ii)] Date of manufacture;

(ii[i]) Model name [and]or number;

([iv]iii) Serial number;

( iv) Thermal output rating in BTU per hour; and

(v[i]) [Certified p]Particulate emission rate in pounds per million BTU heat output.

 

R307-208-5. Particulate Matter Nonattainment and Maintenance Plan Areas.

(1) R307-208-5 applies in all regions of Salt Lake and Davis counties; all portions of the Cache Valley; all regions in Weber and Utah counties west of the Wasatch mountain range; in Box Elder County, from the Wasatch mountain range west to the Promontory mountain range and south of Portage; and in Tooele County, from the northernmost part of the Oquirrh mountain range to the northern most part of the Stansbury mountain range and north of Route 199.

(2) No person shall sell, install or resell an outdoor wood boiler commencing [March]May 1, 2013, with the exception of persons who register an outdoor wood boiler under R307-208-5(3).

(3) Owners of an existing outdoor wood boiler wishing to replace it after [March]May 1, 2013, shall:

(a) Register the existing outdoor wood boiler with the director by [March]May 1, 2013;

(b) Replace the existing outdoor wood boiler with a n EPA Phase 2 qualified wood pellet outdoor wood boiler; and

(c) Comply with the provisions of R307-208-2 and 3.

(4) Persons unable to meet setback requirements in R307-208-2(3) because of existing land use limitations must request a waiver from the director before installing an outdoor wood boiler. Such waiver must include written approval from surrounding neighbors within the setback areas described in R307-208-2(3).

 

R307-208-6. Air Quality Action and Alert Days.

(1) By [March]August 1, 2013, sole sources of residential or commercial heating using an outdoor wood boiler must be registered with the director in order to be exempt from R307-208-6(2).

(2) No person shall operate an outdoor wood boiler on an air quality action or alert day [as established under R307-302]as described in R307-302, except those that are registered with the director as sole source of heat.

 

KEY: air pollution, outdoor wood boilers, prohibition

Date of Enactment or Last Substantive Amendment: 2013

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