Rule R307-202, Emission Standards:General Burning -- 110(l) Demonstration

The Clean Air Act requires that revisions made to a rule that has been approved by EPA as part of a state implementation plan must include an impact assessment to determine if the change(s) will result in adverse air quality.

The Air Quality Board accepted comments on amending R307-202, Emission Standards: General Burning, to exempt ceremonial burning from the rule when conducted by a Native American spiritual advisor. Six commenters provided support for the amendment based on religious ceremonial rights. There were no comments opposing the proposal.

Impact Assessment

Native American tribes conduct ceremonial burning by heating stones in a fire and transferring the hot rocks to a sweat lodge. Under the formal rule, this ceremonial ritual could not be conducted during restricted burning days. Native American tribe members requested an exemption from the burning rule restriction to conduct this religious ceremony when conducted by a "Native American spiritual advisor", as newly defined in R307-202.

These are limited ceremonial activities that are not expected to adversely impact air quality.

Public Comment

The Division of Air Quality (DAQ) is accepting public comment on this demonstration from December 1 to December 31, 2014. A copy of this demonstration, along with a version of the final rule can be found here: http://www.airquality.utah.gov/Public-Interest/Public-Commen-Hearings/Pubrule.htm.

Comments can submitted electronically to Mark Berger at [e-mail] or by regular mail to Joel Karmazyn, DAQ, 195 North 1950 West, Salt Lake City, Utah 84114-4820.