No. 27294 (New Rule): R307-303. Davis, Salt Lake, Utah and Weber Counties: Open Burning

DAR File No.: 27294
Filed: 07/13/2004, 04:47
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is to protect public health by regulating open burning in urban counties that already have high levels of harmful air pollutants.

 

Summary of the rule or change:

This new rule applies to open burning within Davis, Salt Lake, Utah, and Weber Counties. Rule R307-202 applies outside those counties (see separate filing in this issue). Generally, the rule is similar to Rule R307-202, except that burning is prohibited at municipal landfills. The existing window in which local governments may allow open burning of yard waste is March 1 - May 30, while the new window is March 15 - May 30. (DAR NOTE: The proposed repeal and reenact of Rule R307-202 is under DAR No. 27292 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 new rule because the same sources will be reviewed as are currently reviewed under Rule R307-202.

 

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 R307-202.

 

other persons:

There may be some small changes in costs and benefits for individual citizens and companies from the costs and benefits now found in Rule R307-202 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 now found in Rule R307-202 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 from those now found in Rule R307-202 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.

R307-303. Davis, Salt Lake, Utah and Weber Counties: Open Burning.

R307-303-1. Purpose.

The purpose of R307-303 is to reduce PM10 and PM2.5 emissions within Davis, Salt Lake, Utah and Weber Counties by regulating open burning in those counties. Open burning outside those counties is regulated under R307-202. Certain kinds of burning are regulated under R307-204 and R307-302, and additional requirements may be included in approval orders issued under R307-401 or permits issued under R307-415.

 

R307-303-2. Exclusions and Definitions.

(1) As provided in Section 19-2-114, the provisions of R307-303 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 R307-303.

"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 local government office that is responsible for issuing open burning permits, as stated in Section 53-7-204(4).

 

R307-303-3. General Prohibitions.

(1) In accordance with the Utah State Implementation Plan for PM10, Section IX.A, that is incorporated by reference at R307-110-10, no person may conduct open burning at any municipal solid waste landfill.

(2) No person may burn any wastes or conduct any salvage operation by open burning except in conformity with the provisions of R307-303-4 and 5, R307-401 or R307-415.

(3) 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.

(4) 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.

(5) 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 R307-303-4(3).

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

 

R307-303-4. 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 R307-303-5:

(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; and

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

 

R307-303-5. 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 period prior to its commencement.

(ii) The 30-day open burning period must occur between March 15 and May 30.

(iii) Permitted burning may occur 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.

 

R307-303-6. 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, permits

2004

19-2-104

11-7-1(2)(a)

65A-8-9