No. 36611 (Amendment): Rule R307-302. Davis, Salt Lake, Utah, Weber Counties: Residential Fireplaces and Stoves

(Amendment)

DAR File No.: 36611
Filed: 08/01/2012 04:21:14 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In 2006, EPA tightened the PM2.5 standard from 65 to 35 micrograms per cubic meter. Currently, seven Utah counties do not meet this standard. Because solid fuel burning devices contribute to PM2.5, this rule is being amended as part of the required PM2.5 State Implementation Plan (SIP).

Summary of the rule or change:

A definition for "solid fuel burning device" is added. The applicability has been redefined to include the entire PM10 and PM2.5 nonattainment areas using common geographical landmarks. Section R307-302-5 now requires sole sources of residential heating using solid fuel burning devices to register with the director by 06/01/2013 in order to be exempt from the rule. The red-alert cut point for PM2.5 is reduced from 35 to 25 micrograms per cubic meter, and a contingency plan cut point of 15 micrograms per cubic meter has been added for PM2.5. A new section, R307-302-6, is added to prohibit the sale, supply, installation or transfer of a wood burning stove that is not EPA phase 2 certified.

State statutory or constitutional authorization for this rule:

• Section 19-2-104
• Section 19-2-101

Anticipated cost or savings to:

the state budget:

There may be some additional administrative costs to register existing outdoor wood boilers with DAQ; however, any costs to the state budget are anticipated to be minimal.

local governments:

Because there are no requirements for local government in this rule, there are no anticipated costs or savings.

small businesses:

Small businesses will be affected as by 09/01/2013 they will no longer be able to sell, supply, or install wood burning stoves that are not EPA Phase 2 certified. However, they will have time to sell off any stoves they may currently have in inventory.

persons other than small businesses, businesses, or local governmental entities:

There will be little to no cost to persons other than small businesses, businesses, or local government entities as most wood stoves manufactured are EPA phase 2 certified.

Compliance costs for affected persons:

Businesses will be minimally affected as by 09/01/2013 they will no longer be able to sell, supply, or install wood burning stoves that are not EPA Phase 2 certified. However, they will have time to sell off any stoves they may currently have in inventory.

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

Businesses will be minimally affected as by 09/01/2013 they will no longer be able to sell, supply, or install wood burning stoves that are not EPA Phase 2 certified. However, they will have time to sell off any stoves they may currently have in inventory.

Amanda Smith, 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 QualityRoom Fourth Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Mark Berger at the above address, by phone at 801-536-4000, 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:

10/01/2012

Interested persons may attend a public hearing regarding this rule:

• 09/12/2012 09:00 AM, DEQ Bldg, 195 N 1950 W, Room No. 4100, Salt Lake City, UT

This rule may become effective on:

11/08/2012

Authorized by:

Bryce Bird, Director

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-302. [Davis, Salt Lake, Utah, Weber Counties: Residential Fireplaces and Stoves]Solid Fuel Burning Devices in Box Elder, Cache, Davis, Salt Lake, Tooele, Utah, and Weber Counties.

R307-302-1. Purpose and Definitions.

(1) R307-302 establishes emission standards for residential fireplaces and solid fuel burning devices.

(2) The following additional definitions apply[ies] to R307-302:

"Sole [S]source of [H]heat" means the residential solid fuel burning device is the only available source of heat for the entire residence, except for small portable heaters.

"Solid fuel burning device" means any device used for burning wood, coal, or any other nongaseous and non-liquid fuel, including, but not limited to, wood stoves, but excluding outdoor wood boilers, which are regulated under R307-208.

 

R307-302-2. Applicability.

(1) R307-302-3 and R307-302-6 shall apply in all regions of Salt Lake and Davis counties; all portions of the Cache Valley; all regions in Weber and Utah counties west of the Wasatch mountain range; in Box Elder County, from the Wasatch mountain range west to the Promontory mountain range and south of Portage; and in Tooele County, from the northernmost part of the Oquirrh mountain range to the northern most part of the Stansbury mountain range and north of Route 199[Utah County north of the southernmost border of Payson City and east of State Route 68, all of Salt Lake County, all of Davis County, and in all regions of Weber County west of the Wasatch Mountain Range].

(2) R307-302-4 shall apply only within the city limits of Provo in Utah County.

(3) R307-302-5 shall apply in all portions of Box Elder, Cache, Davis, Salt Lake, Tooele, Utah and Weber counties.

[(3) R307-302-5 shall apply in both areas.

]

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

(1) By June 1, 2013, [S]sole sources of residential heating using solid fuel burning devices must be registered with the director in order to be exempt[.

(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 after June 1, 2013.

[(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 [C]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]director 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]director[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 [s]State [i]Implementation [p]Plan has been implemented, [the following actions will be implemented immediately:

(a) T]the trigger level for no-burn periods as specified in R307-302-3(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 monitors in Box Elder, Cache, Davis, Salt Lake, Tooele, Utah or Weber counties[Salt Lake, Davis, Weber, or Utah Counties] are forecasted to reach or exceed [the] 25 micrograms per cubic meter[PM2.5 NAAQS], the [executive secretary]director will issue a public announcement to provide broad notification 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 counties identified by the [executive secretary]director. Residents within the geographical boundaries described in R307-302-2(1)[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]director[or the local health district office], or those having no visible emissions.

(5) PM2.5 Contingency Plan. If the PM2.5 contingency plan described in Chapter 9 of the State Implementation Plan has been implemented, the trigger level for no-burn periods as specified in R307-302-3(4) shall be 15 micrograms per cubic meter for the area where the PM2.5 contingency plan has been implemented.

 

R307-302-4. No-Burn Periods for Carbon Monoxide.

(1) Beginning on November 1 and through March 1, the [executive secretary]director 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 when the running eight-hour average carbon monoxide concentration as monitored by the state at 4:00 PM reaches a value of 6.0 ppm or more.

(2) In addition to the conditions contained in R307-302-4(1)[ above], the [executive secretary]director may use meteorological conditions to initiate a no-burn period. These conditions are:

(a) [a]A national weather service forecasted clearing index value of 250 or less;

(b) [f]Forecasted wind speeds of three miles per hour or less;

(c) [p]Passage of a vigorous cold front through the Wasatch Front; or

(d) [a]Arrival of a strong high pressure system into the area.

(3) During the no-burn periods specified in R307-302-4(1) and (2)[above], residents of Provo City shall not use residential solid fuel burning devices or fireplaces except those that are the sole source of heat for the entire residence and are registered with the [executive secretary]director or the local health district office, or those having no visible emissions.

 

R307-302-5. Opacity for Residential Heating.

Except during no-burn periods as required by R307-302-3 and 4, 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.

 

R307-302-6. Prohibition.

(1) Beginning September 1, 2013, no person shall sell, offer for sale, supply, install, or transfer a wood burning stove that is not EPA Phase 2 certified.

(2) Ownership of a non EPA Phase 2 certified stove within a residential dwelling installed prior to the rule effective date may be transferred as part of a real estate transaction, so long as the unit remains intact within the real property of sale.

 

KEY: air pollution, [ woodburning, ]fireplaces, [ stoves ] residential solid fuel burning

Date of Enactment or Last Substantive Amendment: [August 7, 2008]2012

Notice of Continuation: June 2, 2010

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

 

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