No. 30963: R307-202. Emission Standards: General Burning

DAR File No.: 30963
Filed: 02/08/2008, 01:40
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:

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...." Rule R307-202 sets forth the conditions under which burning of yard clippings is allowed, forbids burning at community waste disposal sites. and the burning of trash or garbage. Rule R307-202 does not regulate fireplaces or outdoor grills.

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 R307-202 was proposed for amendment once since the last five-year review under DAR No. 27292. There where two comments received about that proposed rulemaking. One comment supported the proposed change. However, the other comment was adverse to the proposal, because it removed an exemption that allowed a regulated entity to dispose of highly volatile materials by open burning. RESPONSE: Due to comments received on the proposed amendment the Air Quality Board decided it would be best if the amendment was allowed to lapse and the previous version of Rule R307-202 remained in effect. Ted Black, Weber County Fire Marshal petitioned the Board to revise Rule R307-202. Specifically, he asked that the board define horticultural and agricultural operations used in Section R307-202-1, and he asked the board to provide more flexibility to the 30-day notification that is found in Subsection R307-202-5(3). RESPONSE: The board has not made an explicit definition of what horticultural and agricultural operations are, relying instead upon definitions already contained in statute. Additionally, it was determined that the existing rule already provides the flexibility requested, and Mr. Black was notified of that determination; therefore, the rule was not revised. No other comments were received since the last five-year review.

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

Due to the comments received during the public comment period the proposed amendment was allowed to lapse, and the previous version of Rule R307-202 was reinstated. Rule R307-202 is necessary to specify time windows when local officials may allow burning for yard cleanup, and to set forth the kinds of burning for which permits are not needed; and should be continued. In addition, Rule R307-202 is a component of Utah's State Implementation Plan, and cannot be deleted without EPA approval.

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:

Bryce Bird, Planning Branch Manager