File No. 35923
This rule was published in the April 1, 2012, issue (Vol. 2012, No. 7) of the Utah State Bulletin.
Environmental Quality, Air Quality
Emission Standards: General Burning
Notice of Proposed Rule
(Repeal and Reenact)
DAR File No.: 35923
Filed: 03/08/2012 08:44:01 AM
Purpose of the rule or reason for the change:
Rule R307-202 was submitted to the Environmental Protection Agency (EPA) as part of Utah's 1999 PM10 State Implementation Plan (SIP). EPA is required under consent decree to take action on this rule by 06/14/2012. EPA has reviewed the rule and concluded that it cannot approve the rule as currently written and has requested that the rule be amended.
Summary of the rule or change:
This rulemaking is being done as a repeal and reenactment because the proposed reenacted rule has been significantly reorganized from the current rule. Section R307-202-1 is divided into two sections; Sections R307-202-2 and R307-202-3 are removed completely; and a section titled, General Requirements has been added to the reenacted rule. Substantive changes in the proposed reenacted rule include the following: in this rule, local fire authorities may establish a 30-day open burning window for northern counties between March 30th and May 30th, while in southern counties, the 30-day window may be established between March 1st and May 30th to accommodate the earlier spring season. In the fall, if approved by the state forester, the fire authorities may establish a 30-day open burning window between September 15th and October 30th in northern counties, and between September 15th and November 15th in southern counties to accommodate their extended growing season. Open burning permits are not valid during periods when the clearing index is below 500 or when publicly announced air pollution emergencies or alerts have been declared in the area of the proposed burn. The rule identifies county or municipal fire authorities as the individuals who will make determinations as to whether onsite burning of materials posing threats to public health require burning in place. The rule also requires that permits must be filed on a DAQ-approved form. Nothing in this rule would permit open burning that would result in the exceedance of a national ambient air quality standard.
State statutory or constitutional authorization for this rule:
- Section 19-2-104
- Section 65A-8-211
- Section 76-10-803
- Subsection 11-7-1(2)(a)
Anticipated cost or savings to:
the state budget:
There are no anticipated costs or savings to the state budget as there will be no additional costs to administer the new rule.
The repeal and reenactment of Rule R307-202 will not affect the costs or savings to local governments, as similar provisions in the reenactment of the rule already exist in the current rule.
As this rule expands burning windows for some counties, there may be some small costs or savings for small businesses who burn in those counties; however, it is difficult to estimate what those costs or savings would be.
persons other than small businesses, businesses, or local governmental entities:
As this rule expands burning windows for some counties, there may be some small costs or savings for those individuals burning in those counties; however, it is difficult to estimate what those costs or savings would be.
Compliance costs for affected persons:
There may be minimal compliance costs for affected persons; however, it is difficult to estimate what those costs would be.
Comments by the department head on the fiscal impact the rule may have on businesses:
Any changes in the costs or benefits for businesses from the changes in this rule will 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 email@example.com
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:
Interested persons may attend a public hearing regarding this rule:
- 04/17/2012 09:00 AM, MSOB, 195 N 1950 W, Salt Lake City, UT
This rule may become effective on:
Bryce Bird, Director
R307. Environmental Quality, Air Quality.
R307-202. Emission Standards: General Burning.
R307-202-1. Definitions and Exclusions.
As provided in Section 19-2-114, the provisions of
R307-202 are not applicable to:
(1) burning incident to horticultural or agricultural
(a) prunings from trees, bushes, and plants; or
(b) dead or diseased trees, bushes, and plants, including
(2) burning of weed growth along ditch banks incident to
clearing these ditches for irrigation purposes;
(3) controlled heating of orchards or other crops to
lessen the chances of their being frozen so long as the emissions
from this heating do not violate minimum standards set by the
(4) the controlled burning of not more than two
structures per year by an organized and operating fire department
for the purpose of training fire service personnel when the
United States Weather Service clearing index is above
See also Section 11-7-1(2)(a).
R307-202-2. Community Waste Disposal. No open burning shall be done at sites used for disposal
of community trash, garbage and other wastes except as authorized
through a variance or as authorized for a specific period of time
by the Board on the basis of justifiable circumstances reviewed
and weighed in terms of pollution effects and other relevant
considerations at an appropriate hearing following written
R307-202-3. General Prohibitions. No person shall burn any trash, garbage or other wastes,
or shall conduct any salvage operation by open burning except in
conformity with the provisions of R307-202-4 and 5.
R307-202-4. Permissible Burning - Without Permit. When not prohibited by other laws or by other officials
having jurisdiction and provided that a nuisance as defined in
Section 76-10-803 is not created, the following types of open
burning are permissible without the necessity of securing a
(1) in devices for the primary purpose of preparing food
such as outdoor grills and fireplaces;
(2) campfires and fires used solely for recreational
purposes where such fires are under control of a responsible
(3) in indoor fireplaces and residential solid fuel
burning devices except as provided in R307-302-2;
(4) properly operated industrial flares for combustion of
flammable gases; and
(5) burning, on the premises, of combustible household
wastes generated by occupants of dwellings of four family units
or less in those areas only where no public or duly licensed
disposal service is available.
R307-202-5. Permissible Burning - With Permit. (1) Open burning is authorized by the issuance of a
permit as specified in (3) below when not prohibited by other
laws or other officials having jurisdiction, and when a nuisance
as defined in Section 76-10-803 is not created.
(2) Individual permits for the types of burning listed in
(3) below may be issued by an authorized local authority under
the "clearing index" system approved and coordinated by
the Department of Environmental Quality.
(3) Types of burning for which a permit may be granted
(a) open burning of tree cuttings and slash in forest
areas where the cuttings accrue from pulping, lumbering, and
similar operations, but excluding waste from sawmill operations
such as sawdust and scrap lumber;
(b) open burning of trees and brush within railroad
rights-of-way provided that dirt is removed from stumps before
burning, and that tires, oil more dense than #2 fuel oil or other
materials which can cause severe air pollution are not used to
start fires or keep fires burning;
(c) open burning of solid or liquid fuels or structures
for removal of hazards or eyesores;
(d) open burning, in remote areas, of highly explosive or
other hazardous materials, for which there is no other known
practical method of disposal;
(e) open burning of clippings, bushes, plants and
prunings from trees incident to property clean-up activities
provided that the following conditions have been met:
(i) in any area of the state, the local county fire
marshal has established a 30 day period between March 1 and May
30 for such burning to occur and notified the executive secretary
of the open burning period prior to the commencement of the 30
day period, or, in areas which are located outside of Salt Lake,
Davis, Weber, and Utah Counties, the local county fire marshal
has established, if allowed by the state forester under Section
65A-8-211, a 30 day period between September 15 and October 30
for such burning to occur and has notified the executive
secretary of the opening burning period prior to the commencement
of the 30 day period;
(ii) such burning occurs during the period established by
the local county fire marshal;
(iii) materials to be burned are thoroughly dry;
(iv) no trash, rubbish, tires, or oil are used to start
fires or included in the material to be burned.
(4) The Board may grant a permit for types of open
burning not specified in (3) above on written application if the
Board finds that the burning is not inconsistent with the State
R307-202-6. Special Conditions. Open burning for special purposes, or under unusual or
emergency circumstances, may be approved by the executive
KEY: air pollution, open burning, fire [
Date of Enactment or Last Substantive Amendment: [
July 15, 1999]
Notice of Continuation: March 4, 2010
Authorizing, and Implemented or Interpreted Law: 19-2-104; 11-7-1(2)(a); 65A-8-211
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at http://www.rules.utah.gov/publicat/bull-pdf/2012/b20120401.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Mark Berger at the above address, by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at firstname.lastname@example.org. For questions about the rulemaking process, please contact the Division of Administrative Rules.