DAR File No. 40773
This rule was published in the January 1, 2017, issue (Vol. 2017, No. 1) of the Utah State Bulletin.
Environmental Quality, Air Quality
Solid Fuel Burning Devices
Change in Proposed Rule
DAR File No.: 40773
Filed: 12/15/2016 01:32:13 PM
Purpose of the rule or reason for the change:
The purpose of this change in proposed rule (CPR) is to more clearly describe what the rule does in the "Purpose and Definitions" section found at Section R307-302-1.
Summary of the rule or change:
The CPR adds the word "visible" before emissions and adds the phrase "and specifies when it is permissible to burn in...." These additions help explain that the rule is establishing visible emission standards and regulating when people may burn in solid-fuel burning devices for comfort heating. The previous version of the rule only said that the rule was setting emission standards. There was no mention of what kind of emissions or the fact that the rule is regulating when someone can burn. (DAR NOTE: The original proposed amendment upon which this change in proposed rule (CPR) was based was published in the October 1, 2016, issue of the Utah State Bulletin, on page 38. 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 CPR and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)
Statutory or constitutional authorization for this rule:
- Section 19-2-104
Anticipated cost or savings to:
the state budget:
None--There is no cost or savings to the state budget as a result of this change because the change is only clarifying the purpose of the rule. It is not changing the way the rule impacts the state.
None--There is no cost or savings to any local government as a result of this change because the change is only clarifying the purpose of the rule. It is not changing the way the rule impacts the local government.
None--There is no cost or savings to small businesses as a result of this change because the change is only clarifying the purpose of the rule. It is not changing the way the rule impacts any business.
persons other than small businesses, businesses, or local governmental entities:
None--There is no cost or savings to "other" persons as a result of this change because the change is only clarifying the purpose of the rule. It is not changing the way the rule impacts the public.
Compliance costs for affected persons:
There will be no added compliance costs because of this change. The change is only clarifying the purpose of the rule; it is not changing any requirements for those that the rule regulates.
Comments by the department head on the fiscal impact the rule may have on businesses:
The changes will have no fiscal impact on any businesses because the change is only clarifying the purpose of the rule. The change is not modifying any of the existing requirements within in the rule.
Alan Matheson, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Office 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:
- Ryan Stephens at the above address, by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at firstname.lastname@example.org
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.
R307-302. Solid Fuel Burning Devices.
R307-302-1. Purpose and Definitions.
(1) R307-302 establishes
emission standards [
for all] solid fuel
burning devices used to provide comfort heating.
(2) The following additional definitions apply to R307-302:
"Seasoned wood" means wood that has a moisture content of less than or equal to 25%.
"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.
(1) R307-302-3 and R307-302-6 shall apply to any solid fuel burning device used to provide comfort heating in PM10 or PM2.5 nonattainment or maintenance areas as defined in 40 CFR 81.345 (July 1, 2011). Collectively, The PM10 and PM2.5 nonattainment and maintenance plan areas are geographically defined as all regions of Salt Lake and Davis counties; all portions of the Cache Valley; all regions in Weber County west of the Wasatch mountain range; all regions of Utah County; 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 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 Particulates.
(1) A person using a solid fuel burning device as a sole source of heat must register 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 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. A person in the affected areas shall not use a solid fuel burning device unless it is the sole source of heat for an 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 is in effect. The mandatory no-burn periods will only apply to those counties identified by the director. A person within the geographical boundaries described in R307-302-2(1) shall not use a solid fuel burning device unless it is the sole source of heat for an 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 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), a person in Provo City shall not use a solid fuel burning device unless it is the sole source of heat for an entire residence and is registered with the director.
R307-302-5. Opacity and Prohibited Fuels for Heating Appliances.
(1) Except during no-burn periods as required by R307-302-3 and 4, visible emissions from solid fuel burning devices 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.
(2) Prohibited Fuels: A person shall not cause or allow any of the following materials to be burned in a solid fuel burning device at any time:
(a) asphaltic products;
(b) books and magazines;
(e) colored/wrapping paper;
(g) rubber products;
(h) treated wood;
(i) waste petroleum products; or
(j) any other material not intended by a manufacturer for use as a fuel in a solid fuel burning device.
(3) A person burning wood in a solid fuel burning device shall only burn seasoned wood.
(1) No person shall sell, offer for sale, supply, install, or transfer a wood burning stove that is not EPA certified or a fireplace that is not EPA qualified.
(2) Ownership of a non EPA 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, solid fuel burning
Date of Enactment or Last Substantive Amendment: 2017
Notice of Continuation: May 6, 2015
Authorizing, and Implemented or Interpreted Law: 19-2-101; 19-2-104
More information about a Notice of Change in Proposed Rule is available online.
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/2017/b20170101.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.
Text to be deleted is struck through and surrounded by brackets ([
example]). Text to be added is underlined (). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
For questions regarding the content or application of this rule, please contact Ryan Stephens at the above address, by phone at 801-536-4419, by FAX at 801-536-0085, or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Office of Administrative Rules.