No. 31388 (Amendment): R307-302-3. No-Burn Periods for Fine Particulate

DAR File No.: 31388
Filed: 05/07/2008, 03:22
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

On 09/21/2006, the Environmental Protection Agency (EPA) promulgated revisions to the National Ambient Air Quality Standards (NAAQS) for PM2.5. At that time, EPA strengthened the 24-hour PM2.5 standard from the 1997 level of 65 micrograms per cubic meter to 35 micrograms per cubic meter. Because of this new standard, the trigger for calling a mandatory no-burn period is above the current NAAQS. Therefore, this proposal updates the rule to reflect the new NAAQS. Rather than specifying a specific PM2.5 concentration, the revised rule will trigger a no-burn period when Utah Division of Air Quality (UDAQ) forecasts an exceedance of the NAAQS.

Summary of the rule or change:

Section R307-302-3 establishes a trigger to call a mandatory no-burn period for residential solid fuel burning devices and fireplaces. This rule applies in all of Salt Lake and Davis Counties, and in portions of Utah and Weber Counties. Under the current version of Section R307-302-3, a mandatory no-burn period is triggered when the ambient concentration of PM2.5 measured by the monitors in Salt Lake, Davis, Weber, or Utah Counties reaches the level of 52 micrograms per cubic meter, which is 80% of the 1997 PM2.5 NAAQS. On 09/21/2006, EPA promulgated revisions to the NAAQS for PM2.5, wherein the 24-hour PM2.5 standard was lowered from 65 micrograms per cubic meter to 35 micrograms per cubic meter. Because of this new standard, the trigger for calling a mandatory no-burn period contained in Section R307-302-3 is above the current NAAQS. Therefore, the Utah Air Quality Board is proposing to update the rule to be consistent with the new NAAQS. The Board is proposing that the revised rule language will trigger a no-burn period when UDAQ forecasts an exceedance of the NAAQS, rather than specifying a specific PM2.5 concentration. The Air Monitoring Center has used the new PM2.5 NAAQS to call the no-burn period since 2006, resulting in approximately 10 more no-burn days per season than in previous winters. The proposed change will not result in any more no-burn days, but it will allow UDAQ to enforce all of the mandatory no-burn days. However, UDAQ did not enforce the no-burn period until the ambient PM2.5 levels were above 52 micrograms per cubic meter, because the rule had not been changed to reflect the lowered standard. The proposed change will not result in any more no-burn days, but it will allow UDAQ to enforce all of the mandatory no-burn days.

State statutory or constitutional authorization for this rule:

Section 19-2-104

Anticipated cost or savings to:

the state budget:

No change in cost because existing staff will perform smoke patrol duties.

local governments:

No change in costs because only residences are affected.

small businesses and persons other than businesses:

Small Businesses: No change in costs because only residences are affected. Other Persons: UDAQ does not know how many residences in the three counties are heated with wood to save money. Therefore it is not possible to determine the total cost. Individual costs are outlined under "compliance costs for affected persons."

Compliance costs for affected persons:

This rule applies in all of Salt Lake and Davis Counties, and in portions of Utah and Weber Counties to residences for which a fireplace or stove is NOT the sole source of heating. In addition, wood stoves installed in the last 20 years are required to be EPA-certified, and can be used with no visible emissions; when they are properly operated, they would not be subject to the ban. Fireplaces are primarily used for recreational purposes or atmosphere rather than home heating so curtailment is not anticipated to create additional costs for home heating. Wood stoves, however, generally supplement other heating devices; curtailing their use may cause increased costs for other heat sources. The maximum cost would be incurred by a resident who is able to obtain wood free and in no-burn periods must switch to another fuel source. The cost for natural gas could be as much as $6 per day for a home that could otherwise reasonably be heated with wood. If there were as many as 10 no-burn days in a winter season, the annual cost increase could be $60.

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

This rule affects only residential fireplaces and stoves; there is no cost to businesses. Richard W. Sprott, 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 at the above address, by phone at 801-536-4136, 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:

07/01/2008

This rule may become effective on:

08/03/2008

Authorized by:

Bryce Bird, Planning Branch Manager

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-302. Davis, Salt Lake, Utah, Weber Counties: Residential Fireplaces and Stoves.

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

(1) Sole source of residential heating.

(a) Previously registered sole source residential solid fuel burning devices in areas described in (i),(ii),and(iii) below must continue to be registered with the executive secretary or local health district office in order to be exempt during mandatory no-burn periods as detailed below. No new registrations will be accepted in these areas.

(i) Areas of Utah County north of the southernmost border of Payson City and east of State Route 68,

(ii) all of Salt Lake County, and

(iii) areas in Davis County that are south of the southernmost border of Kaysville.

(b) By November 1, 2006, all sole source residential solid fuels burning devices in Weber County west of the Wasatch Mountain Range and areas north of the southernmost border of Kaysville must be registered with the executive secretary or local health district office in order to be exempt during mandatory no-burn periods as detailed below.

(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 executive secretary 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 executive secretary or the local health district office, 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 following actions will be implemented immediately:

(a) The trigger level for no-burn periods as specified in (2) above will be 110 micrograms per cubic meter for that area where the PM10 Contingency Plan has been implemented; and

(b) In the regions of Utah County north of the southernmost border of Payson City and east of State Route 68, Salt Lake County, Davis County, and all regions of Weber County west of the Wasatch Mountain Range, it shall be unlawful to sell or install for use as a solid fuel burning device any used solid fuel burning device that is not approved by the Environmental Protection Agency.

(4) When the ambient concentration of PM2.5 measured by [the ] monitors in Salt Lake, Davis, Weber, or Utah Counties [reaches the level of 52 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]are forecasted to reach or exceed the PM2.5 NAAQS, the executive secretary will issue a public announcement to provide broad notification[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 identified by the executive secretary[impacting the real-time monitoring site registering the 52 micrograms per cubic meter concentration]. Residents of Salt Lake County, Davis County, or the affected areas of Utah and Weber Counties 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 executive secretary or the local health district office, or those having no visible emissions.

 

KEY: air pollution, woodburning, fireplaces, stoves

Date of Enactment or Last Substantive Amendment: [September 2, 2005]2008

Notice of Continuation: September 7, 2005

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