DAR File No. 38994

Environmental Quality, Air Quality

Rule R307-302

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

Notice of Proposed Rule

(Amendment)

DAR File No.: 38994
Filed: 12/04/2014 01:08:40 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

As requested by Governor Gary Herbert, the Air Quality Board is seeking public comment on a a wintertime seasonal solid fuel burning ban within the PM2.5 nonattainment areas. The ban is being considered as one means of improving wintertime air quality along the Wasatch Front and in the Cache Valley. The seasonal wood burning ban is being proposed because the Wasatch Front and the Cache Valley routinely violate the federal health-based standard for particulate matter, and solid fuel burning has been found to be a significant contributor to that problem. Additionally, these areas are well served with natural gas and electricity, both of which are significantly cleaner sources of energy for home heating.

Summary of the rule or change:

The seasonal wood burning ban is being proposed because the Wasatch Front and the Cache Valley routinely violate the federal health-based standard for particulate matter, and solid fuel burning has been found to be a significant contributor to that problem. Additionally, these areas are well served with natural gas and electricity, both of which are significantly cleaner sources of energy for home heating. The wood burning ban would apply to: Box Elder County: From the Wasatch Mountain range west to the Promontory Mountain range and south of Portage, with a possible exemption for sources above 7,000 ft. elevation; Cache County: Cache Valley; Salt Lake and Davis counties: all areas, with a possible exemption for sources above 7,000 ft. elevation; 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, with a possible exemption for sources above 7,000 ft. elevation; and Weber and Utah counties: West of the Wasatch mountain range, with a possible exemption for sources above 7,000 ft. elevation. Homeowners whose homes are heated solely by wood and are registered with the Division of Air Quality as a sole source residence would be permitted to continue heating with wood. The Board is specifically seeking comment on the appropriateness of having a single ban period applicable in all areas, or if each area (county or nonattainment area) could have a different ban period that could have the same air quality impact. It is also seeking comment on the possibility of exempting counties where data may not support such a ban.

State statutory or constitutional authorization for this rule:

• Section 19-2-101
• Section 19-2-104

Anticipated cost or savings to:

the state budget:

The State of Utah does not typically burn solid fuels on a regular basis; therefore, there are no anticipated costs or savings to the state budget.

local governments:

Local governments do not typically burn solid fuels on a regular basis; therefore, there are no anticipated costs or savings to them.

small businesses:

Unless wood burners get free wood, because we are not a hardwood state and because the price of natural gas in Utah is low, wood burning is actually more expensive in Utah than heating a home with natural gas. There are small businesses, however, that burn scrap wood and other solid fuel that they may receive for free or at a discounted price. For those small businesses, this rule may result in increased costs; however, that cost is difficult to quantify and aggregate as it is unknown how many small businesses burn scrap, free, or discounted solid fuels to heat their establishments.

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

Unless wood burners get free wood, because we are not a hardwood state and because the price of natural gas in Utah is low, wood burning is actually more expensive in Utah than heating a home with natural gas. There are persons, however, who pay nothing or very little for their solid fuels, and for them this rule may result in increased costs; however, that cost is difficult to quantify and aggregate as it is unknown how many persons are not paying for or receiving significant discounts on their solid fuels.

Compliance costs for affected persons:

Unless wood burners get free wood, because we are not a hardwood state and because the price of natural gas in Utah is low, wood burning is actually more expensive in Utah than heating a home with natural gas. There are persons, however, who pay nothing or very little for their solid fuels, and for them this rule may result in increased costs; however, that cost is difficult to quantify and aggregate as it is unknown how many persons are not paying for or receiving significant discounts on their solid fuels.

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

Unless wood burners get free wood, because we are not a hardwood state and because the price of natural gas in Utah is low, wood burning is actually more expensive in Utah than heating a home with natural gas. There are persons, however, who pay nothing or very little for their solid fuels, and for them this rule may result in increased costs; however, that cost is difficult to quantify and aggregate as it is unknown how many persons are not paying for or receiving significant discounts on their solid fuels.

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:

02/09/2015

Interested persons may attend a public hearing regarding this rule:

• 01/20/2015 11:30 AM, Bear River Health Department, 991 S 800 W, Room B, Brigham City, UT
• 01/15/2015 06:00 PM, Department of Environmental Quality, 195 N 1950 W, #1015, SLC, UT
• 01/14/2015 04:00 PM, Tooele County Health Department, 151 N Main St, #181, Tooele, UT
• 01/20/2015 05:00 PM, Morgan Weber Health Department, 477 23rd St, Auditorium, Ogden, UT
• 01/29/2015 11:00 AM, Utah County Health Department, 151 S University Ave, #1600, Provo, UT
• 01/28/2015 10:00 AM, Davis County Administration Building, 61 S Main St, Farmington, UT
• 01/21/2015 04:00 PM, Historic Court House, 199 N Main St, Council Chambers, Logan, UT

This rule may become effective on:

03/05/2015

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 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) 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 and R307-302-6 do[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) Except when the seasonal burn ban in R307-302-6(3) is in effect, [W]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. Except when the seasonal burn ban in R307-302-6(3) is in effect, [I]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.

(3) Seasonal Burn Ban. From November 1 through March 15 of each year, residents, commercial, institutional and industrial facilities within the geographical boundaries described in R307-302-2 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.

 

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

Date of Enactment or Last Substantive Amendment: [December 4, 2014]2015

Notice of Continuation: June 2, 2010

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