Herbert prevents full wood burning ban; air advocates call it 'slap in the face'


Save Story
Leer en español

Estimated read time: 4-5 minutes

This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story.

SALT LAKE CITY — By signing a bill that prohibits an all-out ban on wood burning, clean air advocates say Gov. Gary Herbert has thrown the Utah Division of Air Quality "under the bus."

That's what Tim Wagner, executive director of Utah Physicians for a Healthy Environment, said after Herbert signed HB396, prohibiting the division from implementing a seasonal ban on wood burning.

Wagner called Herbert's decision a “slap in the face to the thousands of Utahns" who care about their state's air quality. "Poll after poll" has shown that air pollution is a top concern of Utah voters, he said.

Wagner said Herbert, who had originally asked for consideration of a seasonal wood-burning ban during his State of the State address last year, seemed to step away from the public backlash on the issue when the Division of Air Quality sought public comment on the matter this year. More than 1,000 people attended the hearings, and an overwhelming majority was opposed to a seasonal ban.

“The governor suddenly became nowhere to be found instead of sticking up for the DAQ during that process, particularly during the Legislative session,” he said. “He let legislators hammer away at the DAQ. He did not step in and try to deal with the conversation in a way that was productive. He was just AWOL, and that’s really unfortunate.”

Wagner said Herbert’s decision not to veto HB396 was “poor leadership” because he stepped back and allowed the Legislature to “micromanage” the agency.


The governor suddenly became nowhere to be found instead of sticking up for the DAQ during that process, particularly during the Legislative session.

–Tim Wagner, executive director of Utah Physicians for a Healthy Environment


The governor had expressed concerns about the bill earlier this month, saying complete prohibition of a ban on wood burning seemed “a little bit of an overkill.”

“While the governor is committed to improving our air quality to protect public health and support economic development, we also strive to be responsive to public input,” said Marty Carpenter, spokesman for Herbert. “Policymaking is a matter of finding the right balance, and this bill addresses the concerns of many citizens while maintaining the flexibility the Air Quality Board needs to work toward an appropriate rule."

John Mortensen, co-chairman of Utahns for Responsible Burning, worked with Rep. Brad Dee, R-Odgen, on the language of HB396 and commended Herbert for signing the bill. He said a complete ban would place Utahns who financially rely on wood burning to heat their homes in an unreasonable position of “either letting their family be cold or breaking the law to keep them warm.”

“We appreciate the DAQ, Air Quality Board and the governor for listening to all the public input and taking the ban off of the table,” Mortensen said. “We want clean air, but we feel like we need to be responsible about this, and we want to put a plan in place that will work a whole lot better than just an all-out ban.”

He said the coalition will work with state officials to come up with a suitable plan to address Utah’s air quality through efforts such as encouraging Utahns to purchase Environmental Protection Agency-approved wood-burning stoves.

“We don’t ban automobiles, but we sure encourage and reward people for buying the best and cleanest they can,” said Mortensen, who is also an owner of Energy Distribution Systems, a wholesaler of hearth appliances.


We appreciate the DAQ, Air Quality Board and the governor for listening to all the public input and taking the ban off of the table. We want clean air, but we feel like we need to be responsible about this, and we want to put a plan in place that will work a whole lot better than just an all-out ban.

–John Mortensen, co-chairman of Utahns for Responsible Burning


However, Wagner said the governor also signed some air-friendly bills, such as H110, which gives the Division of Motor Vehicles authority to suspend a vehicle’s registration if it does not meet air emissions standards. Herbert also signed HB226, which was central in a multi-year effort to allow the Utah Air Quality Board to create local rules that differ from corresponding federal regulations if they provide added protection to public health and environment.

Wagner said the passage of HB226 was a long-awaited victory, but Herbert’s approval of HB396 “contradicted” HB226’s goal to allow the agency more flexibility in addressing Utah’s air quality problems.

Donna Spangler, spokeswoman for the Department of Environmental Quality, said the Division of Air Quality has no position on the passage of HB396 and is in the process of reviewing the bill.

“We will certainly do what we can to make sure that air quality improves throughout the winter,” Spangler said.

The division has reported that wood burning makes up roughly 5 percent of the state’s total particulate or PM2.5 emissions.


Katie McKellar is a Dixie State University graduate with a bachelor of science in mass communication. Before interning at Deseret News, she reported and edited news content for Dixie Sun News, first as Photo Editor, then as Features Editor. Email:kmckellar@deseretnews.com

Related stories

Most recent Utah stories

Related topics

UtahPolitics
Katie McKellar

    STAY IN THE KNOW

    Get informative articles and interesting stories delivered to your inbox weekly. Subscribe to the KSL.com Trending 5.
    By subscribing, you acknowledge and agree to KSL.com's Terms of Use and Privacy Policy.

    KSL Weather Forecast