No. 27760 (New Rule): R307-207. Emission Standards: Residential Fireplaces and Stoves

DAR File No.: 27760
Filed: 03/15/2005, 04:18
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this new rule is to make it easier to find specific provisions for residential fireplaces and stoves and to clarify applicability of these provisions. This rule is part of overall revisions to rules related to new PM10 Maintenance Plan (see separate filing on Section R307-110-10, in this issue). Utah will seek redesignation of Salt Lake and Utah Counties and Ogden City from nonattainment to attainment of the PM10 health standard following final adoption of the plan. This new rule is in anticipation of this redesignation. (DAR NOTE: The proposed amendment to Section R307-110-10 is under DAR No. 27768 in this issue.)

 

Summary of the rule or change:

In order to make the requirements for residential fireplaces and stoves easier to find, they are being moved from Rule R307-201 (see separate filing on R307-201, in this issue) to this new rule. Currently, provisions in this rule apply statewide and are part of the federally enforceable State Implementation Plan. Upon adoption by the board, Rule R307-207 will only apply outside the nonattainment and maintenance areas and the state will request EPA to retract Rule R307-201. (DAR NOTE: The proposed amendment to Rule R307-201 is under DAR No. 27757 in this issue.)

 

State statutory or constitutional authorization for this rule:

Sections 19-2-101, 19-2-104, and 19-2-109

 

Anticipated cost or savings to:

the state budget:

No impact on the state budget is expected due to these revisions because it does not create any new requirements.

 

local governments:

Because this new rule does not create any new requirements, no change in cost is expected for local government.

 

other persons:

Because this new rule does not create any new requirements, no change in cost is expected for other persons.

 

Compliance costs for affected persons:

Because this new rule does not create any new requirements, no change in cost is expected for affected persons.

 

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

Because this new rule is simply adopting the residential fireplaces and stoves provisions from Rule R307-201, no additional costs are expected. Dianne R. Nielson, 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 Quality
150 N 1950 W
SALT LAKE CITY UT 84116-3085

 

Direct questions regarding this rule to:

Mat E. Carlile or Jan Miller at the above address, by phone at 801-536-4136 or 801-536-4042, by FAX at 801-536-0085 or 801-536-4099, or by Internet E-mail at [e-mail] or [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:

05/02/2005

 

Interested persons may attend a public hearing regarding this rule:

4/19/2005 at 10:00 AM, DEQ Bldg, 168 N 1950 W, Room 101, Salt Lake City, UT; 4/20/2005 at 1:30 PM, Utah County Administration Bldg, 100 E Center Street, Suite 2300, Provo, UT; and 4/21/2005 at 6:00 PM, Weber County Bldg, 2380 Washington Blvd, Breakout Room, Ogden, UT

 

This rule may become effective on:

07/30/2005

 

Authorized by:

M. Cheryl Heying, Planning Branch Manager

 

 

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-207. Emission Standards: Residential Fireplaces and Stoves.

R307-207-1. Purpose.

R307-201 establishes emission standards for all areas of the state except for sources listed in section IX, Part H of the state implementation plan or located in a PM10 nonattainment or maintenance area.

 

R307-207-2. Applicability.

R307-207 applies statewide except for the following areas: all regions of Utah County north of the southernmost border of Payson City, all of Salt Lake County, all of Davis County, and in all regions of Weber County west of the Wasatch Mountain Range.

 

R307-207-3. Opacity for Residential Heating.

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.

 

KEY: woodburning, fireplaces, stoves, PM10

2005

19-2-101

19-2-104