No. 36611 (Change in Proposed Rule): Rule R307-302. Solid Fuel Burning Devices in Box Elder, Cache, Davis, Salt Lake, Tooele, Utah, and Weber Counties

DAR File No.: 36611
Filed: 11/08/2012 12:28:19 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the public comment period, the Division of Air Quality (DAQ) staff received comments from EPA requesting that language be added to clarify that the rule applies to PM10 and PM2.5 nonattainment and maintenance areas as defined in 40 CFR 81.345.

Summary of the rule or change:

Section R307-302-2 is amended by adding language to clarify that the rule applies in PM10 and PM2.5 nonattainment and maintenance areas as defined in 40 CFR 81.345. Subsection R307-302-3(1) is amended by removing the language that stated no new registrations for sole sources of residential heating would be accepted after 06/01/2013. Subsection R307-302-6(1) is amended by exempting fireplaces that are EPA qualified from the prohibition that no person shall sell, offer for sale, supply, install, or transfer a fireplace beginning 09/01/2013. The rule is changed throughout by only exempting residents from the mandatory no-burn periods requirements whose solid fuel burning devices are registered as sole source of heat; the solid fuel burning devices that have no visible emissions are no longer exempt. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the August 15, 2012, issue of the Utah State Bulletin, on page 61. 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

This rule or change incorporates by reference the following material:

• Adds 40 CFR 81.345, published by United States Government Printing Office, 07/01/2011

Anticipated cost or savings to:

the state budget:

Any additional administrative costs to administer this rule are minimal; therefore, there are no anticipated costs or savings to the state budget.

local governments:

There are no new requirements to local governments; therefore, there are no anticipated costs or savings.

small businesses:

Because small businesses will no longer be able to sell, offer for sale, supply, install, or transfer a fireplace that is not EPA qualified, they may incur some additional costs. Because small businesses will have until 09/01/2013 to sell off current inventory and because most fireplaces on the market are already EPA qualified and competitively priced, the costs should be minimal.

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

Because this rule does not add any new requirements to persons other than small businesses, businesses, or local government entities, there are no anticipated costs or savings.

Compliance costs for affected persons:

Because all persons in the PM10 and PM2.5 nonattainment and maintenance areas will no longer be able to sell, offer for sale, supply, install, or transfer a fireplace that is not EPA qualified, they may incur some additional costs to comply with the rule. However, because they will have until 09/01/2013 to sell off current inventories and because most fireplaces on the market are already EPA qualified and competitively priced, the costs should be minimal.

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

Because businesses will no longer be able to sell, offer for sale, supply, install, or transfer a fireplace that is not EPA qualified, they may incur some additional costs to comply with the rule. However, because they will have until 09/01/2013 to sell off current inventories and because most fireplaces on the market are already EPA qualified and competitively priced, the costs should 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:

This rule may become effective on:

01/01/2013

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 residential fireplaces and solid fuel burning devices.

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

"Sole source of heat" means the residential 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, including, but not limited to, wood stoves, 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.

 

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

(1) By June 1, 2013, 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.[ No new registrations will be accepted in these areas after June 1, 2013.]

(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 residential 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 of the affected areas shall not use residential solid fuel burning devices or fireplaces except those that are the sole source of heat for the entire residence and registered with the director[, or those having no visible emissions].

(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 residential 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 within the geographical boundaries described in R307-302-2(1) shall not use residential solid fuel burning devices or fireplaces except those that are the sole source of heat for the entire residence and registered with the director[, or those having no visible emissions].

(5) PM2.5 Contingency Plan. If the PM2.5 contingency plan [described in Chapter 9 ]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 residential 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 of Provo City shall not use residential 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[, or those having no visible emissions].

 

R307-302-5. Opacity for Residential Heating.

Except during no-burn periods as required by R307-302-3 and 4, visible emissions from residential 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 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, wood stoves, residential solid fuel burning

Date of Enactment or Last Substantive Amendment: [2012]2013

Notice of Continuation: June 2, 2010

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

 

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