No. 39349 (5-year Review): Rule R307-302. Solid Fuel Burning Devices in Box Elder, Cache, Davis, Salt Lake, Tooele, Utah, and Weber Counties

DAR File No.: 39349
Filed: 05/06/2015 03:18:31 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 solid fuel burning devices 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:

Rule R307-302 has gone through four rulemakings since its last five-year review. Under DAR No. 36611, amendments were made effective 01/01/2013, and three comments were submitted in general support of the proposed amendments. With DAR No. 38166, amendments were made effective 03/06/2014; two comments were submitted with the rulemaking; however, none were pertinent to the proposed amendment. With DAR No. 38842, amendments were made effective 02/04/2015. With DAR No. 38842, comments centered around suggestions to clarify the intent of the rule or to ask for exemptions; there were no comments made directly opposing the rule. The fourth rulemaking since the last five-year review was under DAR No. 38994, which proposed a seasonal solid fuel heating ban in the PM2.5 nonattainment areas from November 1 to March 15. During the public comment period for DAR No. 38994, DAQ received over 2,000 oral and written comments, with the majority opposed to the proposal in one form or another. Commenters brought up several issues that are currently taking a significant amount of time and resources to evaluate, address, and resolve. Additionally, during the 2015 General Session, the state legislature passed H.B. 396, which prohibited the Division of Air Quality from "imposing a burning ban prohibiting burning during a specified seasonal period of time." Therefore, the filed rulemaking lapsed on 05/01/2015 without any final action being taken.

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 solid fuel burning are part of the requirements to reduce particulates and carbon monoxide that are included in Utah's state implementation plans for particulate matter and carbon monoxide. Because the provisions in this rule are needed to reduce pollution during winter temperature inversions when pollutants build up in the air, and because the rule is part of Utah's state implementation plan, 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 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]

Effective:

05/06/2015

Authorized by:

Bryce Bird, Director

---