Summary


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.