No. 36481 (New Rule): Rule R307-208. Outdoor Wood Boiler Prohibition

(New Rule)

DAR File No.: 36481
Filed: 07/11/2012 05:16:44 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to prohibit future sales of outdoor wood boilers to help the state attain the PM2.5 National Ambient Air Quality Standard and to minimize the emissions of PM2.5 from existing outdoor wood boilers.

Summary of the rule or change:

This rule prohibits any person from selling, offering for sale, supplying, installing, purchasing, or transferring an outdoor wood boiler beginning 09/01/2013. It also requires current operators and owners to register their outdoor wood boiler with the director of the Division of Air Quality (DAQ) or local health district office, to operate the boiler in accordance with manufacturer specifications, and to limit visible emissions to 20% opacity.

State statutory or constitutional authorization for this rule:

• Section 19-2-101
• Section 19-2-104

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 are anticipated to be minimal.

local governments:

There may be some additional administrative costs to register existing outdoor wood boilers with local health district offices; however, any costs are anticipated to be minimal.

small businesses:

As businesses will no longer be able to sell outdoor wood boilers in Utah, there is an anticipated cost. However, since Utah is not a large market base for these units, the impact should be limited.

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

As this rule prohibits all persons, not just businesses, from selling, installing, purchasing, or transferring outdoor wood boilers, there may some costs or savings for persons other than small businesses, businesses, or local government entities; however, it is difficult to estimate what those costs or savings would be.

Compliance costs for affected persons:

The only compliance costs will be those associated with the unit registration requirement, and that cost should be minimal.

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

As businesses will no longer be able to sell outdoor wood boilers in Utah, there is an anticipated cost. However, since Utah is not a large market base for these units, the impact should be minimal.

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:

08/31/2012

Interested persons may attend a public hearing regarding this rule:

• 08/15/2012 02:00 PM, DEQ Bldg, 195 N 1950 W, Salt Lake City, UT

This rule may become effective on:

10/04/2012

Authorized by:

Bryce Bird, Director

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-208. Outdoor Wood Boiler Prohibition.

R307-208-1. Purpose and Applicability.

R307-208 applies statewide and establishes a ban on outdoor wood boilers, also known as wood-fired hydronic heaters.

 

R307-208-2. Definitions.

The following additional definition applies to R307-208:

"Outdoor wood boiler" means a fuel burning device also known as a wood-fired hydronic heater:

(1) Designed to burn wood or other approved solid fuels;

(2) Specified by the manufacturer for outdoor installation or installation in structures not normally occupied by humans; and

(3) Designated to heat building space or water via the distribution, typically through pipes, of a fluid heated in the device, typically water or a mixture of water and antifreeze.

 

R307-208-3. Prohibition.

Beginning September 1, 2013, no person shall sell, offer for sale, supply, install, purchase, or transfer an outdoor wood boiler.

 

R307-208-4. Exemptions.

(1) All persons who own or operate an outdoor wood boiler prior to October 4, 2012 shall comply with the following requirements to be exempt from the rule:

(a) Within 180 days of October 4, 2012, register the outdoor wood boiler with the director or local health district office;

(b) Operate the outdoor wood boiler in accordance with outdoor wood boiler manufacturer's instructions; and

(c) Visible emissions shall be limited to a shade or density no darker than 20% opacity as measured by EPA Method 9, except for the following:

(i) An initial fifteen minute start-up period, and

(ii) A period of fifteen minutes in any three-hour period in which emissions may exceed the 20% opacity limitation for refueling.

 

KEY: air pollution, outdoor wood boiler, prohibition

Date of Enactment or Last Substantive Amendment: 2012

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

 

---