No. 38842 (Amendment): Rule R307-302. Solid Fuel Burning Devices in Box Elder, Cache, Davis, Salt Lake, Tooele, Utah, and Weber Counties

(Amendment)

DAR File No.: 38842
Filed: 09/08/2014 01:06:10 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Under the direction of the Air Quality Board, the Division of Air Quality (DAQ) conducted a wood smoke workshop to gather suggestions from the community on ways to reduce wood smoke emissions. The suggestion that garnered the most support from the group was to prohibit solid fuel burning by industrial and commercial sources during mandatory no-burn periods. During the May 2014 Air Quality Board meeting, the Board discussed this option and directed DAQ staff to develop a rule that would accomplish this while exempting commercial and industrial food preparation sources.

Summary of the rule or change:

The rule is expanded to include all solid fuel burning sources, while exempting commercial and industrial food preparation sources, as well as exempting some commercial and industrial boilers and electrical generating units (EGUs). As proposed, the exemption to industrial boilers and EGUs would only apply to those sources that are existing as of the effective date of this rule amendment. DAQ is specifically requesting the public to submit their comments regarding this exemption as it will affect future biomass and waste-to-energy projects within the PM2.5 nonattainment area. The proposed amendment would also re-open the sole source registry until 06/01/2015. As proposed, there is no provision to permit the transfer of non-EPA Phase 2 certified stoves located within businesses and institutions as part of a real estate transaction. (A similar provision is currently within the rule for residential properties.) DAQ is interested in the public's opinion on the possibility of including such a provision for businesses and institutions in this rule.

State statutory or constitutional authorization for this rule:

• Section 19-2-101
• Section 19-2-104

Anticipated cost or savings to:

the state budget:

There are no new requirements to the state; therefore, there are no anticipated costs or savings to the budget.

local governments:

Because there are no new requirements to local government, there are no anticipated costs or savings.

small businesses:

DAQ anticipates that there are some small businesses such as wood shops that burn solid fuel on mandatory no-burn days. However, during the wood smoke workgroup and subsequent stakeholder outreach efforts, no sources came forward to provide us information as to what restricting their wood-burning on mandatory no-burn days would cost. DAQ also anticipates that most small businesses that burn solid fuel on no-burn days do have alternative methods of heating their businesses, and that therefore costs would be minimal.

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

There are no new requirements for persons other than small businesses, businesses, or local government entities; therefore, there are no anticipated costs or savings.

Compliance costs for affected persons:

DAQ anticipates that there are some sources such as wood shops that burn solid fuel on mandatory no-burn days. However, during the wood smoke workgroup and subsequent stakeholder outreach efforts, no sources came forward to provide us information as to what restricting their wood-burning on mandatory no-burn days would cost. DAQ also anticipates that most sources that burn solid fuel on no-burn days do have alternative methods of heating their businesses, and that therefore costs would be minimal.

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

DAQ anticipates that there are some sources that burn solid fuel on mandatory no-burn days. However, during the wood smoke workgroup and subsequent stakeholder outreach efforts, no sources came forward to provide us information as to what restricting their wood-burning on mandatory no-burn days would cost. DAQ also anticipates that most sources that burn solid fuel on no-burn days do have alternative methods of heating their businesses, and that therefore costs would 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 [e-mail]

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:

10/31/2014

This rule may become effective on:

12/04/2014

Authorized by:

Bryce Bird, Director

RULE TEXT

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.

(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 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 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.

 

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

(1) By [June 1, 2013]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[of] 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 [Residential ]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 [the rule effective date]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: [March 6, 2014]2014

Notice of Continuation: June 2, 2010

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

 

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