DAR File No. 27761

Environmental Quality, Air Quality

R307-302

Davis, Salt Lake, Utah Counties: Residential Fireplaces and Stoves

NOTICE OF PROPOSED RULE

DAR File No.: 27761
Filed: 03/15/2005, 04:18
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to formalize the woodburning control program that has been previously implemented on a voluntary basis in parts of Weber and Davis County. Extending woodburning controls to Weber and Davis Counties is an important part of the attainment demonstration for the new PM10 Maintenance Plan (see separate filing on Section R307-110-10, in this issue). Utah will seek redesignation of Salt Lake and Utah Counties and Ogden City from nonattainment to attainment of the PM10 health standard following the final adoption of the plan. The revisions in this rule are in anticipation of this redesignation. This Plan will affect only Davis, Salt Lake, Utah, and Weber Counties west of the Wasatch Mountain range. (DAR NOTE: The proposed amendment to Section R307-110-10 is under DAR No. 27768 in this issue.)

Summary of the rule or change:

For areas outside the nonattainment and maintenance areas, the requirements for residential fireplaces and stoves will be moved from Rule R307-201 (see separate filing on Rule R307-201 in this issue) to the new Rule R307-207 (see separate filing on Rule R307-207 in this issue). Upon adoption by the board, Rule R307-207 will only apply outside the nonattainment and maintenance areas and Rule R307-302 will apply within the nonattainment and maintenance areas and be part of the federally enforceable State Implementation Plan. This amendment will expand woodburning controls to areas of Weber County west of the Wasatch Mountain range and all of Davis County. Residents in these areas will have until November 2006 to register their stoves as a sole source of heat if they qualify. (DAR NOTE: The proposed amendment to Rule R307-201 is under DAR No. 27757, and the proposed new Rule R307-207 is under DAR No. 27760 in this issue.)

State statutory or constitutional authorization for this rule:

Sections 19-2-101 and 19-2-104

Anticipated cost or savings to:

the state budget:

The woodburning program has been successfully implemented on a voluntary basis in areas of Weber County and all of Davis County impacted by this modification. Therefore, no new costs are expected for the state budget because of this amendment.

local governments:

The woodburning program has already been successfully implemented on a voluntary basis in the affected areas. Therefore, no new costs are expected for local governments because of this amendment.

other persons:

It is anticipated that this change will not bring additional costs because the woodburning program has been successfully implemented as a voluntary measure in the areas impacted by this amendment for a number of years. Further, residents in these areas will have until November 2006 to register their stoves as a sole source of heat if they qualify.

Compliance costs for affected persons:

It is anticipated that this change will not bring additional costs because the woodburning program has been successfully implemented as a voluntary measure in areas impacted by this amendment for a number of years. Further, residents in these areas will have until November 2006 to register their stoves as a sole source of heat if they qualify.

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

This rule applies only to residential woodburning; businesses are not affected. Dianne R. Nielson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Mat E. Carlile or Jan Miller at the above address, by phone at 801-536-4136 or 801-536-4042, by FAX at 801-536-0085 or 801-536-4099, or by Internet E-mail at MCARLILE@utah.gov or janmiller@utah.gov

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:

05/02/2005

Interested persons may attend a public hearing regarding this rule:

4/19/2005 at 10:00 AM, DEQ Bldg, 168 N 1950 W, Room 101, Salt Lake City, UT; 4/20/2005 at 1:30 PM, Utah County Administration Bldg, 100 E Center Street, Suite 2300, Provo, UT; and 4/21/2005 at 6:00 PM, Weber County Bldg, 2380 Washington Blvd, Breakout Room, Ogden, UT

This rule may become effective on:

07/30/2005

Authorized by:

M. Cheryl Heying, Planning Branch Manager

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-302. Davis, Salt Lake, Utah, Weber Counties: Residential Fireplaces and Stoves.

R307-302-1. Definitions.

The following additional definition applies to R307-302:

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

R307-302-2. Applicability.

(1) R307-302-3 shall apply in all regions of 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 both areas.

R307-302-[2]3. No-Burn Periods for Fine Particulate.

[(1) R307-302-2 shall apply only in areas in Utah County which are north of the southernmost border of Payson City, and east of State Route 68, all of Salt Lake County, and areas in Davis County which are south of the southern-most border of Kaysville.

(2)](1) Sole source of residential heating.

(a)[By September 1, 1992, all] 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 [E]executive [S]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.

(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.

[(3)](2) [After September 1, 1992, w]When the ambient concentration of PM10 measured by the monitors in Salt Lake, Davis, Weber, or Utah 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 [E]executive [S]secretary 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[Salt Lake County or the affected areas of Davis and Utah Counties] shall not use residential solid fuel burning devices or fireplaces except those [which]that are the sole source of heat for the entire residence and registered with the [E]executive [S]secretary or the local health district office, or those having no visible emissions.

[(4)](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) The trigger level for no-burn periods as specified in [(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[Salt Lake, Davis and Utah County nonattainment areas and in any other nonattainment area], 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.

[(5)](4) After January 1, 1999, when the ambient concentration of PM2.5 measured by the monitors in Salt Lake, Davis, Weber, or Utah Counties reaches the level of 52 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 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 52 micrograms per cubic meter concentration. Residents of Salt Lake County, Davis County, or the affected areas of Utah and Weber Counties[Salt Lake County or the affected areas of Davis and Utah Counties] shall not use residential solid fuel burning devices or fireplaces except those [which]that are the sole source of heat for the entire residence and registered with the [E]executive [S]secretary or the local health district office, or those having no visible emissions.

R307-302-[3]4. No-Burn Periods for Carbon Monoxide.

[(1) R307-302-3 shall apply only within the city limits of Provo and Orem in Utah County.

(2)](1) Beginning on November 1 and through March 1[ in any years after 1993], the executive secretary 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.

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

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

(b) forecasted wind speeds of three miles per hour or less;

(c) passage of a vigorous cold front through the Wasatch Front; or

(d) arrival of a strong high pressure system into the area.

[(4)](3) During the no-burn periods specified in [(2)](1) and [(3)](2) above, residents of Provo [and Orem ]Cit[ies]y shall not use residential solid fuel burning devices or fireplaces except those [which]that are the sole source of heat for the entire residence and are registered with the executive secretary 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.[

R307-302-4. Violations.

It shall be a violation of R307-302 for any person to operate a residential solid fuel burning device or fireplace during the mandatory no-burn periods except as stated in R307-302-2 or 3.]

KEY: air pollution, woodburning[*], fireplaces[*], stoves[*]

[January 7, 1999]2005

Notice of Continuation June 19, 2003

19-2-101

19-2-104

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Mat E. Carlile or Jan Miller at the above address, by phone at 801-536-4136 or 801-536-4042, by FAX at 801-536-0085 or 801-536-4099, or by Internet E-mail at MCARLILE@utah.gov or janmiller@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.