No. 33698 (5-year Review): Rule R307-302. Davis, Salt Lake, Utah, Weber Counties:Residential Fireplaces and Stoves.

DAR File No.: 33698
Filed: 06/02/2010 02:34:03 PM

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:

Rule R307-302 identifies no-burn periods for residential woodburning stoves and fireplaces in areas that sometimes exceed the health standards for fine particulate and carbon monoxide. 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 and the establishment of the maximum quantity of air contaminants that may be emitted by any air contaminant source."

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

There has been one amendment since the last five-year review, DAR No. 31388, effective date 09/27/2008 in response to the update of the National Ambient Air Quality Standards for PM2.5, where the 24-hr standard was lowered from 65 to 35 ug/m3. There were no comments on this action. There have been no comments 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:

The provisions to regulate residential woodburning are part of the requirements to reduce particulates and carbon monoxide that are included in Utah's state implementation plans for PM10 and carbon monoxide. The provisions in this rule are needed to reduce pollution during winter temperature inversions when pollutants build up in the air so the rule should be continued.

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
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Joel Karmazyn at the above address, by phone at 801-536-4423, by FAX at 801-536-4099, or by Internet E-mail at [e-mail]

Authorized by:

Bryce Bird, Planning Branch Manager

Effective:

06/02/2010

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