No. 27292 (Repeal and Reenact): R307-202. Emission Standards: General Burning

DAR File No.: 27292
Filed: 07/13/2004, 04:14
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule contains the oldest provisions in the air quality rules. The rule has been reviewed for currency and relevance; and the summary section below lists the major changes that are proposed.

 

Summary of the rule or change:

The existing rule applies statewide while the reenacted rule applies outside Davis, Salt Lake, Utah and Weber Counties; a new rule, R307-303, applies within those counties (see the separate filing in this issue). Provisions within the current rule that are deleted or changed in the new rule include the following: 1) deletes the existing Subsection R307-202-4(4), because flares are now regulated by Rules R307-401 and R307-415; 2) deletes the existing Subsection R307-202-4(5) because burning household garbage is prohibited under the federal Resource Conservation and Recovery Act; 3) deletes Subsection R307-202-5(3)(a) regulating open burning of tree cuttings and slash in forest areas because that activity is now regulated by Rule R307-204; and 4) deletes the portion of Subsection R307-202-5(3)(c) that allows local governments to issue permits to burn structures outside the statutory allowance of two structures per year for firefighter training. Provisions added to the reenacted rule include the following: 1) a purpose statement is added in Section R307-202-1; 2) in Section R307-202-4, a new prohibition is added to prevent burning to clear agricultural land for some other use; 3) in Section R307-202-4, prohibits burning any structure until all asbestos has been removed; and 4) in Section R307-202-5, adds a new provision allowing burning to train on-site fire crews when the clearing index is greater than 500. Other changes include extending the window in the spring and fall during which local governments may declare a 30-day window for burning yard waste; the existing windows are March 1 - May 30 and September 15 - October 30, while the new windows are February 1 - May 30 and October 1 - November 30 if allowed by the state forester. (DAR NOTE: The proposed new rule, R307-303, is under DAR No. 27294 in this issue.)

 

State statutory or constitutional authorization for this rule:

Sections 19-2-104 and 65A-8-9, and Subsection 11-7-1(2)(a)

 

Anticipated cost or savings to:

the state budget:

There will be no change in the State's costs to administer the reenacted rule because the same sources will be reviewed.

 

local governments:

This change will not affect the costs to local governments, who may determine a 30-day window during which burning of yard waste may be allowed, as a similar provision is in the existing rule.

 

other persons:

There may be some small changes in costs and benefits for individual citizens and companies from these changes but it is difficult to estimate them because there are so many different provisions that affect so many different people plus one provision can affect people differently depending on their individual circumstances and thus, the Division cannot determine every possibility.

 

Compliance costs for affected persons:

There may be some small changes in costs and benefits for individual citizens and companies from these changes but it is difficult to estimate them because there are so many different provisions that affect so many different people plus one provision can affect people differently depending on their individual circumstances and thus, the Division cannot determine every possibility.

 

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

Any changes in costs or benefits for businesses will be minimal.

 

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:

Jan Miller at the above address, by phone at 801-536-4042, by FAX at 801-536-4099, 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:

08/31/2004

 

Interested persons may attend a public hearing regarding this rule:

8/17/2004 at 1:30 PM, DEQ Building, 168 N 1950 W, Room 201, Salt Lake City, UT

 

This rule may become effective on:

10/07/2004

 

Authorized by:

M. Cheryl Heying, Planning Branch Manager

 

 

RULE TEXT

R307. Environmental Quality, Air Quality.

[R307-202. Emission Standards: General Burning.

R307-202-1. Definitions and Exclusions.

As provided in Section 19-2-114, the provisions of R307-202 are not applicable to:

(1) burning incident to horticultural or agricultural operations of:

(a) prunings from trees, bushes, and plants; or

(b) dead or diseased trees, bushes, and plants, including stubble;

(2) burning of weed growth along ditch banks incident to clearing these ditches for irrigation purposes;

(3) controlled heating of orchards or other crops to lessen the chances of their being frozen so long as the emissions from this heating do not violate minimum standards set by the board; and

(4) the controlled burning of not more than two structures per year by an organized and operating fire department for the purpose of training fire service personnel when the United States Weather Service clearing index is above 500.

See also Section 11-7-1(2)(a).

 

R307-202-2. Community Waste Disposal.

No open burning shall be done at sites used for disposal of community trash, garbage and other wastes except as authorized through a variance or as authorized for a specific period of time by the Board on the basis of justifiable circumstances reviewed and weighed in terms of pollution effects and other relevant considerations at an appropriate hearing following written application.

 

R307-202-3. General Prohibitions.

No person shall burn any trash, garbage or other wastes, or shall conduct any salvage operation by open burning except in conformity with the provisions of R307-202-4 and 5.

 

R307-202-4. Permissible Burning - Without Permit.

When not prohibited by other laws or by other officials having jurisdiction and provided that a nuisance as defined in Section 76-10-803 is not created, the following types of open burning are permissible without the necessity of securing a permit:

(1) in devices for the primary purpose of preparing food such as outdoor grills and fireplaces;

(2) campfires and fires used solely for recreational purposes where such fires are under control of a responsible person;

(3) in indoor fireplaces and residential solid fuel burning devices except as provided in R307-302-2;

(4) properly operated industrial flares for combustion of flammable gases; and

(5) burning, on the premises, of combustible household wastes generated by occupants of dwellings of four family units or less in those areas only where no public or duly licensed disposal service is available.

 

R307-202-5. Permissible Burning - With Permit.

(1) Open burning is authorized by the issuance of a permit as specified in (3) below when not prohibited by other laws or other officials having jurisdiction, and when a nuisance as defined in Section 76-10-803 is not created.

(2) Individual permits for the types of burning listed in (3) below may be issued by an authorized local authority under the "clearing index" system approved and coordinated by the Department of Environmental Quality.

(3) Types of burning for which a permit may be granted are:

(a) open burning of tree cuttings and slash in forest areas where the cuttings accrue from pulping, lumbering, and similar operations, but excluding waste from sawmill operations such as sawdust and scrap lumber;

(b) open burning of trees and brush within railroad rights-of-way provided that dirt is removed from stumps before burning, and that tires, oil more dense than #2 fuel oil or other materials which can cause severe air pollution are not used to start fires or keep fires burning;

(c) open burning of solid or liquid fuels or structures for removal of hazards or eyesores;

(d) open burning, in remote areas, of highly explosive or other hazardous materials, for which there is no other known practical method of disposal;

(e) open burning of clippings, bushes, plants and prunings from trees incident to property clean-up activities provided that the following conditions have been met:

(i) in any area of the state, the local county fire marshal has established a 30 day period between March 1 and May 30 for such burning to occur and notified the executive secretary of the open burning period prior to the commencement of the 30 day period, or, in areas which are located outside of Salt Lake, Davis, Weber, and Utah Counties, the local county fire marshal has established, if allowed by the state forester under Section 65A-8-9, a 30 day period between September 15 and October 30 for such burning to occur and has notified the executive secretary of the opening burning period prior to the commencement of the 30 day period;

(ii) such burning occurs during the period established by the local county fire marshal;

(iii) materials to be burned are thoroughly dry;

(iv) no trash, rubbish, tires, or oil are used to start fires or included in the material to be burned.

(4) The Board may grant a permit for types of open burning not specified in (3) above on written application if the Board finds that the burning is not inconsistent with the State Implementation Plan.

 

R307-202-6. Special Conditions.

Open burning for special purposes, or under unusual or emergency circumstances, may be approved by the executive secretary.

 

KEY: air pollution, open burning*, fire marshal*

July 15, 1999

Notice of Continuation June 12, 2003

19-2-104

11-7-1(2)(a)

65A-8-9]

R307-202. Areas Outside Davis, Salt Lake, Utah and Weber Counties: Open Burning.

R307-202-1. Purpose.

The purpose of R307-202 is to regulate open burning in areas outside Davis, Salt Lake, Utah and Weber Counties, in order to reduce PM10 and PM2.5 emissions and emissions of precursors of ozone, and to protect visibility in Class I areas. Open burning within Davis, Salt Lake, Utah and Weber Counties is regulated under R307-303. Certain kinds of burning are regulated under R307-204, and additional open burning requirements may be included in approval orders issued under R307-401 or permits issued under R307-415.

 

R307-202-2. Exclusions and Definitions.

(1) As provided in Section 19-2-114, the provisions of R307-202 are not applicable to:

(a) burning incident to horticultural or agricultural operations of:

(i) prunings from trees, bushes, and plants; or

(ii) dead or diseased trees, bushes, and plants, including stubble;

(iii) burning of weed growth along ditch banks incident to clearing ditches for irrigation purposes;

(b) controlled heating of orchards or other crops to lessen the chances of their being frozen so long as the emissions from this heating do not violate minimum standards set by the board; and

(c) the controlled burning of not more than two structures per year by an organized and operating fire department for the purpose of training fire service personnel when the National Weather Service clearing index is greater than 500.

(2) The following definitions apply to R307-202.

"Fire Crew" means an organized group of fire fighters employed on-site by the operator of a source of air pollution.

"Local Government" means the authorized city, county, or fire protection district office that is responsible for issuing open burning permits, as stated in Section 53-7-204(4).

 

R307-202-3. Municipal Waste Landfills.

No person may burn waste at a municipal waste landfill except as authorized by a variance issued by the Board. An application for a variance must be submitted in writing.

 

R307-202-4. General Prohibitions.

(1) No person may burn any wastes or conduct any salvage operation by open burning except in conformity with the provisions of R307-202-5 and 6, R307-401 or R307-415.

(2) No person may burn waste from sawmill operations such as sawdust and scrap lumber, except in conformity with the provisions of R307-401 and R307-415.

(3) No person may burn prunings from trees, bushes or plants or dead trees, bushes and plants including stubble if the intent is to clear the land for non-agricultural uses.

(4) Tires, oil heavier than #2 fuel oil or other materials that can cause severe air pollution may not be burned or used to start fires or to keep fires burning, except as provided in R307-202-5(4).

(5) No person may ignite a structure for any reason until all asbestos is removed.

 

R307-202-5. Permissible Burning Without an Open Burning Permit.

When not prohibited by other laws or by other officials having jurisdiction, and provided that a nuisance as defined in Section 76-10-803 is not created, the following types of open burning are permissible without securing a permit under R307-202-6:

(1) food preparation in a device such as an outdoor grill or fireplace;

(2) recreational fire such as a campfire if not prohibited by other regulations and where the fire is under the control of a responsible person;

(3) in indoor residential fireplaces and stoves; and

(4) controlled burning for the purpose of training a fire crew when the clearing index is greater than 500.

 

R307-202-6. Permissible Burning With an Open Burning Permit from a Local Government.

(1) A local government may issue an open burning permit using the National Weather Service clearing index if:

(a) the clearing index is greater than 500;

(b) open burning is not prohibited by other laws or officials having jurisdiction;

(c) a nuisance as defined in Section 76-10-803 is not created.

(2) Open burning of the types listed in (a) through (c) below may be conducted only with a permit from a local government.

(a) Open burning of trees and brush within railroad rights-of-way may be permitted, provided that dirt is removed from stumps before burning.

(b) Open burning of solid or liquid fuels may be permitted for removal of hazards, and open burning of highly explosive or other hazardous materials may be permitted if there is no other practical method of disposal. These activities may be conducted only if they are not prohibited by R307-214.

(c) Open burning of clippings, bushes, plants and prunings from trees incident to property clean-up activities may be permitted only under the following conditions.

(i) The local government must have established a 30-day period for open burning, and must have notified the executive secretary of the open burning period prior to the commencement of the period.

(ii) The 30-day open burning period must occur between February 1 and May 30, and, if allowed by the state forester under 65A-8-9, between October 1 and November 30.

(iii) Permitted burning may be conducted only during a 30-day period established by the local government.

(iv) Materials to be burned must be thoroughly dry.

(v) No trash, rubbish, tires, or oil heavier than #2 fuel oil may be used to start fires or included in the material to be burned.

(3) The Board may grant a permit for types of open burning not specified in (2) above on written application if the Board finds that the burning is consistent with the State Implementation Plan.

 

R307-202-7. Special Conditions.

Open burning for special purposes, or under unusual or emergency circumstances, may be approved by the executive secretary.

 

KEY: air pollution, open burning, permits

2004

Notice of Continuation June 12, 2003

19-2-104

11-7-1(2)(a)

65A-8-9