DAR File No. 38842

Environmental Quality, Air Quality

Rule R307-302

Solid Fuel Burning Devices in Box Elder, Cache, Davis, Salt Lake, Tooele, Utah, and Weber Counties

Change in Proposed Rule

DAR File No.: 38842
Filed: 12/04/2014 01:29:36 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R307-302 went through a comment period from 10/01/2014 through 10/31/2014 to receive comments regarding expanding the rule applicability to include all solid fuel burning sources, including in commercial, institutional and industrial facilities, but exempting restaurants, institutional food preparation, and some industrial boilers and electrical generating facilities. In response to comments received during the public comment period, additional changes were made to the rule applicability to clarify and add exemptions to the rule.

Summary of the rule or change:

The rule is amended to clarify that the rule applies "to any solid fuel burning device" within PM10 and PM2.5 nonattainment and maintenance areas. Language is also added to the applicability section to further clarify exemptions to the rule. Exempt from the requirements of the rule are restaurant and institutional food preparation; commercial and industrial boilers subject to an approval order issued under Rule R307-401; sources located above 7,000 feet in elevation within Box Elder, Davis, Salt Lake, Tooele, Utah and Weber counties; and firefighting training devices that meet the definition of a solid fuel burning device. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the October 1, 2014, issue of the Utah State Bulletin, on page 44. 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 amendment 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:

Because adding exemptions to the proposed rule will not add any additional requirements to the state, there are no anticipated costs or savings to the state budget.

local governments:

Because adding exemptions to the proposed rule will not add any additional requirements to local government, there are no anticipated costs or savings to local government.

small businesses:

Some of the exemptions added to the proposed rule, might affect small businesses. These exemptions will allow those businesses to conduct business as usual; therefore, there are no anticipated costs or savings to small businesses.

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

Some of the exemptions added to the proposed rule, might affect persons other than small businesses, businesses, or local government entities. These exemptions will allow those businesses to conduct business as usual; therefore, there are no anticipated costs or savings.

Compliance costs for affected persons:

The language added to the rule adds exemptions and further clarifications to the intent of the rule. Nothing added to the rule adds additional compliance costs for affected persons.

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

The language added to the rule adds exemptions and further clarifications to the intent of the rule. Nothing added to the rule should have a fiscal impact on businesses.

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:

02/02/2015

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-302. Solid Fuel Burning Devices in Box Elder, Cache, Davis, Salt Lake, Tooele, Utah, and Weber Counties.

R307-302-1. Purpose and Definitions.

(1) R307-302 establishes emission standards for fireplaces and solid fuel burning devices used in residential, commercial, institutional and industrial facilities and associated outbuildings used to provide comfort heating.

(2) The following additional definitions apply to R307-302:

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

"Solid fuel burning device" means [any device]fireplaces, wood stoves and boilers used for burning wood, coal, or any other nongaseous and non-liquid fuel, both indoors and outdoors, but excluding outdoor wood boilers, which are regulated under R307-208.

 

R307-302-2. Applicability.

(1) R307-302-3 and R307-302-6 shall apply to any solid fuel burning device in PM10 and PM2.5 nonattainment and maintenance areas as defined in 40 CFR 81.345 (July 1, 2011) and geographically described as 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) R307-302-4 shall apply only within the city limits of Provo in Utah County.

(3) R307-302-5 shall apply in all portions of Box Elder, Cache, Davis, Salt Lake, Tooele, Utah and Weber counties.

[(4) R307-302 does not apply to restaurant and institutional food preparation.

(5) R307-302 does not apply to commercial and industrial boilers and electrical generating facilities existing prior to the effective date of this rule.

](4) The following exemptions apply to R307-302:

(a) R307-302 does not apply to restaurant and institutional food preparation.

(b) R307-302 does not apply to commercial and industrial boilers subject to an approval order issued under R307-401.

(c) R307-302-3 does not apply to sources located above 7,000 feet in elevation within Box Elder, Davis, Salt Lake, Tooele, Utah and Weber counties.

(d) R307-302 does not apply to firefighting training devices that meet the definition of a solid fuel burning device.

 

R307-302-3. No-Burn Periods for Fine Particulate.

(1) By June 1, 2015, sole sources of residential heating using solid fuel burning devices must be registered with the director in order to be exempt during mandatory no-burn periods.

(2) When the ambient concentration of PM10 measured by the monitors in Salt Lake, Davis, Weber, or Utah counties reaches the level of 120 micrograms per cubic meter and the forecasted weather for the specific area includes a temperature inversion which is predicted to continue for at least 24 hours, the director will issue a public announcement and will distribute such announcement to the local media notifying the public that a mandatory no-burn period for solid fuel burning devices and fireplaces is in effect. The mandatory no-burn periods will only apply to those areas or counties impacting the real-time monitoring site registering the 120 micrograms per cubic meter concentration. Residents, commercial, institutional and industrial facilities of the affected areas shall not use solid fuel burning devices or fireplaces except those that are the sole source of heat for the entire residence and registered with the director.

(3) PM10 Contingency Plan. If the PM10 Contingency Plan described in Section IX, Part A, of the State Implementation Plan has been implemented, the trigger level for no-burn periods as specified in R307-302-3(2) will be 110 micrograms per cubic meter for that area where the PM10 Contingency Plan has been implemented.

(4) When the ambient concentration of PM2.5 measured by monitors in Box Elder, Cache, Davis, Salt Lake, Tooele, Utah or Weber counties are forecasted to reach or exceed 25 micrograms per cubic meter, the director will issue a public announcement to provide broad notification that a mandatory no-burn period for solid fuel burning devices and fireplaces is in effect. The mandatory no-burn periods will only apply to those counties identified by the director. Residents, commercial, institutional and industrial facilities within the geographical boundaries described in R307-302-2(1) shall not use solid fuel burning devices or fireplaces except those that are the sole source of heat for the entire residence and registered with the director.

(5) PM2.5 Contingency Plan. If the PM2.5 contingency plan of the State Implementation Plan has been implemented, the trigger level for no-burn periods as specified in R307-302-3(4) shall be 15 micrograms per cubic meter for the area where the PM2.5 contingency plan has been implemented.

 

R307-302-4. No-Burn Periods for Carbon Monoxide.

(1) Beginning on November 1 and through March 1, the director will issue a public announcement and will distribute such announcement to the local media notifying the public that a mandatory no-burn period for solid fuel burning devices and fireplaces is in effect when the running eight-hour average carbon monoxide concentration as monitored by the state at 4:00 PM reaches a value of 6.0 ppm or more.

(2) In addition to the conditions contained in R307-302-4(1), the director may use meteorological conditions to initiate a no-burn period. These conditions are:

(a) A national weather service forecasted clearing index value of 250 or less;

(b) Forecasted wind speeds of three miles per hour or less;

(c) Passage of a vigorous cold front through the Wasatch Front; or

(d) Arrival of a strong high pressure system into the area.

(3) During the no-burn periods specified in R307-302-4(1) and (2), residents, commercial, institutional and industrial facilities in Provo City shall not use solid fuel burning devices or fireplaces except those that are the sole source of heat for the entire residence and are registered with the director or the local health district office.

 

R307-302-5. Opacity for Heating Appliances.

Except during no-burn periods as required by R307-302-3 and 4, visible emissions from solid fuel burning devices and fireplaces shall be limited to a shade or density no darker than 20% opacity as measured by EPA Method 9, except for the following:

(1) An initial fifteen minute start-up period, and

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

 

R307-302-6. Prohibition.

(1) Beginning September 1, 2013, no person shall sell, offer for sale, supply, install, or transfer a wood burning stove that is not EPA Phase 2 certified or a fireplace that is not EPA qualified.

(2) Ownership of a non EPA Phase 2 certified stove within a residential dwelling installed prior to March 6, 2014 may be transferred as part of a real estate transaction, so long as the unit remains intact within the real property of sale.

 

KEY: air pollution, fireplaces, stoves, residential solid fuel burning

Date of Enactment or Last Substantive Amendment: [2014]2015

Notice of Continuation: June 2, 2010

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