DAQ-2025-002320

State of Utah Administrative Rule Analysis Revised May 2024
NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: Amendment Rule or Section Number: R307-230 Filing ID: Office Use Only Date of Previous Publication (Only for CPRs): Click or tap to enter a date.
Agency Information 1. Title catchline: Environmental Quality, Air Quality Building: Multi-Agency State Office Building Street address: 195 N 1950 W City, state: Salt Lake City, UT Mailing address: PO Box 144820
City, state and zip: Salt Lake City, UT 84114-4820
Contact persons:
Name: Phone: Email:
Glade Sowards 801-536-4020 [e-mail]
Jazmine Lopez 801-536-4050 [e-mail] Please address questions regarding information on this notice to the persons listed above.
General Information 2. Rule or section catchline:
R307-230. NOx Emission Limits for Natural Gas-Fired Water Heaters.
3. Purpose of the new rule or reason for the change:
During the 2025 General Session, the Utah State Legislature passed H.B.313, Construction Industry Amendments, which amended Subsection 19-2-107.7 to limit the applicability of the NOx emission limits for natural gas-fired water heaters to only ozone and PM2.5 nonattainment areas (instead of applying statewide). R307-230 is being amended to align with this statute change.
4. Summary of the new rule or change:
This amendment adds clarifying language to the existing rule.
Fiscal Information
5. Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
A) State budget:
There is no anticipated cost or savings to the State Budget associated with this rule amendment because this amendment only adds clarifying language to the existing rule.
B) Local governments:
There may be a very small cost savings for local governments in attainment areas that purchase residential water heaters for their facilities. Ultra-low NOx water heaters have a small estimated price premium over conventional water heaters estimated
in 2018 to be $27.52 on average per unit.
C) Small businesses ("small business" means a business employing 1-49 persons):
There may be a very small cost savings for small businesses in attainment areas that purchase residential water heaters for their facilities. Ultra-low NOx water heaters have a small estimated price premium over conventional water heaters estimated in 2018 to be $27.52 on average per unit.
D) Non-small businesses ("non-small business" means a business employing 50 or more persons):
There may be a very small cost savings for non-small businesses in attainment areas that purchase residential water heaters for their facilities. Ultra-low NOx water heaters have a small estimated price premium over conventional water heaters estimated in 2018 to be $27.52 on average per unit. E) Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
There may be a very small cost savings for persons in attainment areas that purchase residential water heaters for their facilities. Ultra-low NOx water heaters have a small estimated price premium over conventional water heaters estimated in 2018 to be $27.52 on average per unit.

F) Compliance costs for affected persons (How much will it cost an impacted entity to adhere to this rule or its changes?):
There are no new compliance costs associated with this rule change, but there may be a small compliance cost savings for parties located in attainment areas.
G) Regulatory Impact Summary Table (This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts will be included in narratives above.)
Regulatory Impact Table
Fiscal Cost FY2025 FY2026 FY2027 State Government $0 $0 $0
Local Governments $0 $0 $0
Small Businesses $0 $0 $0
Non-Small Businesses $0 $0 $0
Other Persons $0 $0 $0
Total Fiscal Cost $0 $0 $0
Fiscal Benefits FY2025 FY2026 FY2027
State Government $0 $0 $0
Local Governments $0 $0 $0
Small Businesses $0 $0 $0 Non-Small Businesses $0 $0 $0
Other Persons $0 $0 $0 Total Fiscal Benefits $0 $0 $0
Net Fiscal Benefits $0 $0 $0
H) Department head comments on fiscal impact and approval of regulatory impact analysis:
The Executive Director of the Department of Environmental Quality, Tim Davis, has reviewed and approved this regulatory impact analysis.
Citation Information
6. Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
Section 19-2-101
Section 19-2-104
Section 19-2-107.7 Subsection 19-2-107.7(4)
Incorporations by Reference Information 7. Incorporations by Reference (if this rule incorporates more than two items by reference, please include additional tables): A) This rule adds or updates the following title of materials incorporated by references (a copy of materials incorporated by reference must be submitted to the Office of Administrative Rules; if none, leave blank):
Official Title of Materials Incorporated (from title page) Utah State Code, Utah Air Conservation Act, Subsection 19-2-107.7(4)
Publisher Utah State Legislature
Issue Date Effective date: July 1, 2025
Issue or Version

B) This rule adds or updates the following title of materials incorporated by references (a copy of materials incorporated by reference must be submitted to the Office of Administrative Rules; if none, leave blank):
Official Title of Materials Incorporated (from title page)
Publisher
Issue Date
Issue or Version
Public Notice Information 8. The public may submit written or oral comments to the agency identified in box 1. (The public may also request a hearing by submitting a written request to the agency. See Section 63G-3-302 and Rule R15-1 for more information.)
A) Comments will be accepted until: July 1, 2025
B) A public hearing (optional) will be held:
Date (mm/dd/yyyy): Time (hh:mm AM/PM): Place (physical address or URL): 06/17/2025 02:00 PM - 03:00 PM A public hearing is set for Tuesday June 17, 2025.
Further details may be found below. The hearing will be cancelled should no request for one be made by Friday, June 13, 2025, at 10AM MT. The final status of the public hearing will be posted on Friday, June 13, after 10:00AM MT. The status of the public hearing may be checked at the following website location under the corresponding rule. https://deq.utah.gov/public-notices-archive/air-quality-rule-plan-changes-open-public-comment Interested Persons can participate in person or electronically, via the internet. In Person: MASOB 195 N. 1950 W. Salt Lake City, UT, 84116, First Floor, Air Quality Board Room Virtual Attendance: Time zone: America/Denver Google Meet joining info Video call link:: https://meet.google.com/wrh-ftdy-vwm Join by phone: (US) [phone] PIN: 189 080 935# To the agency: If more than one hearing will take place, continue to add rows.

9. This rule change MAY become effective on: August 6, 2025
NOTE: The date above is the date the agency anticipates making the rule or its changes effective. It is NOT the effective date. Agency Authorization Information
To the agency: Information requested on this form is required by Sections 63G-3-301, 63G-3-302, 63G-3-303, and 63G-3-402. Incomplete forms will be returned to the agency for completion, possibly delaying publication in the Utah State Bulletin
and delaying the first possible effective date. Agency head or designee and title: Bryce C. Bird, Director, Division of Air Quality Date: 4/17/2025
R307. Environmental Quality, Air Quality. R307-230. NOx Emission Limits for Natural Gas-Fired Water Heaters. R307-230-1. Purpose. The purpose of R307-230 is to reduce emissions of nitrogen oxides (NOx) from natural gas-fired water heaters. R307-230-2. Applicability.
R307-230 applies to the sale or installation of natural gas-fired water heaters on or after July 1, 2018, as limited by Subsection 19-2-107.7(4). R307-230-3. Emission Limits and Requirements. (1) The State Construction and Fire Codes Act, Subsection 15A-6-102, Enacted by Chapter 236, 2017 General Session, is hereby incorporated by reference. (2) Manufacturers shall use the South Coast Air Quality Management District Method 100.1 to comply with the NOx emission limits. KEY: water heaters, natural gas, NOx, air quality Date of Last Change: August 3, 2017 Notice of Continuation: July 12, 2022 Authorizing, and Implemented or Interpreted Law: 19-2-101; 19-2-104; 19-2-107.7