No. 28219: R307-302. Davis, Salt Lake, Utah, Weber Counties: Residential Fireplaces and Stoves

DAR File No.: 28219
Filed: 09/07/2005, 03:29
Received by: NL

 

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Rule R307-302 identifies no-burn periods for residential woodburning stoves and fireplaces in areas that sometimes exceed the health standards for fine particulate and carbon monoxide. Subsection 19-2-104(1)(a) allows the Air Quality Board to make rules "...regarding the control, abatement, and prevention of air pollution from all sources and the establishment of the maximum quantity of air contaminants that may be emitted by any air contaminant source."

 

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Rule R307-302 was last reviewed on June 19, 2003. Rule R307-302 has been revised once since the last review: DAR No. 27761, published April 1, 2005, and effective on September 2, 2005. The Division of Air Quality (DAQ) received six written comments. COMMENT 1: The revised rules exempt sources constructed before certain dates; in R307-201-3, the date is April 21, 1975. The original idea behind grandfathering was that eventually this equipment would be replaced by newer equipment with better controls. RESPONSE 1: Sources are required to undergo a New Source Review, and lose grandfathered status, when they modify their operations. A source is no longer grandfathered if it moves to another location, and does not regain grandfathered status if it returns to the original location. A grandfathered source must meet specific emission limits required in a SIP or maintenance plan. Any equipment brought into Utah from another state is not grandfathered at the new location in Utah, and is subject to New Source Review rules. Generally, our New Source Review is more stringent than New Source Performance Standards. COMMENT 2: R307-302-3(3) "Davis, Salt Lake, Utah, Weber Counties: Residential Fireplaces and Stoves: PM10 contingency plan." - EPA stated it has never incorporated Utah's PM10 contingency measure into Utah's SIP and want to know if DAQ is requesting incorporation of the PM10 contingency measures by adopting this rule. RESPONSE 2: Utah withdrew submittal of the previous PM10 Contingency Measures on EPA's recommendation, but they are still part of the Utah PM10 SIP under Utah law. We are adding a new sentence at the beginning of Subsection IX.A.10.c(10) to read as follows: "This Contingency Plan supersedes Subsection IX.A.8, Contingency Measures, which is part of the original PM10 SIP," and will give public notice of that change if it is adopted by the Air Quality Board. If the current proposals are adopted, the new PM10 Maintenance Plan will include as a contingency measure a re-evaluation of the threshold that triggers a red-burn day, and R307-302-3(3) will immediately require that red-burn days be triggered at 110 i/m3 instead of the current 120 i/m3. Thus, in case the PM10 contingency measures are ever triggered, the 110 i/m3 trigger for red-burn days would be implemented immediately, and DAQ will research whether that is the appropriate trigger level, and whether and how to implement other contingency measures listed in the Maintenance Plan. COMMENT 3: In R307-302-3(4), the phrase "After January 1, 1999" is outdated and should be deleted. RESPONSE 3: DAQ agrees, and has removed the phrase to read as follows: "When the ambient concentration of PM2.5 measured by the monitors in Salt Lake, Davis, Weber, or Utah Counties?"COMMENT 4: R307-302-3(4) "Davis, Salt Lake, Utah, Weber Counties: Residential Fireplaces and Stoves: No-Burn Periods for Fine Particulate." - EPA asked for an explanation of the rationale for calling no burning period when PM2.5 levels reach 52 microgram per cubic meter. RESPONSE 4: On January 6, 1999, the Air Quality Board added the rule to call no-burn periods when PM2.5 levels are high and increasing, in order to protect public health and avoid exceeding the then-new health standard for PM2.5. Such a requirement is not federally-required, has never been submitted to EPA for approval in any SIP, and will not be submitted to EPA as part of the PM10 Maintenance Plan. It is a state-imposed pro-active requirement to protect the health of Utah citizens. COMMENT 5: Deleted Section R307-302-4 "Davis, Salt Lake, Utah, Weber Counties: Residential Fireplaces and Stoves: violations" - EPA wants to know how DAQ intends to enforce no-burn periods if this provision is removed. RESPONSE 5: Provisions outlined in this deleted section of R307-302 are established in R307-302-3 (2), (4), and R307-302-4 (1). DAQ removed this section of the rule to reduce redundancy. It is not necessary to have a separate provision in the rule stating that not complying with the conditions of the rule is a violation of the rule. As with all of our other rules, if a person does not comply with the requirements it is considered a violation of the rule. COMMENT 6: Section R307-302-4 allows the executive secretary to use either meteorological conditions or monitored pollution levels, to trigger a no-burn period for Carbon Monoxide. Similar flexibility for Fine Particles should be include in Section R307-302-3. RESPONSE 6: The current language of Section R307-302-3 provides enough flexibility to call a no-burn period when it is needed and most effective. DAQ uses its experience with pollution data and its relationship with meteorological conditions to call no burn periods.

 

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The provisions to regulate residential woodburning are part of the requirements to reduce particulates and carbon monoxide that are included in Utah's state implementation plans for PM10 and carbon monoxide. The provisions in this rule are needed to reduce pollution during winter temperature inversions when pollutants build up in the air so the rule should be continued.

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Air Quality
150 N 1950 W
SALT LAKE CITY UT 84116-3085

 

Direct questions regarding this rule to:

Mat E. Carlile at the above address, by phone at 801-536-4136, by FAX at 801-536-0085, or by Internet E-mail at [e-mail]

 

Authorized by:

M. Cheryl Heying, Planning Branch Manager