FEATHER RIVER AIR QUALITY MANAGEMENT DISTRICT

RULE 3.17 - WOOD STOVE HEATING
(Adopted 6/96)

A. DEFINITIONS

A.1 EPA-certified wood heating device means any wood or other solid-fuel-burning appliance utilized for space or water heating or cooking that is certified by the U.S. Environmental Protection Agency (EPA) as meeting the performance and emission standards as set forth in Part 60, Title 40, Subpart AAA Code of Federal Regulations, February 26, 1988:

Phase I appliances must meet the emission requirements of no more than 5.5 grams per hour particulate-matter emission for catalytic and 8.5 grams per hour for noncatalytic appliances.
Phase II appliances must meet the emission requirements of no more than 4.1 grams per hour particulate-matter emission for catalytic and 7.5 grams per hour for noncatalytic appliances.

A.2 Fireplace means any permanently installed masonry or factory built device designed to be used with an air-to-fuel ratio greater than or equal to 35-to-1. Fireplaces installed with a dedicated natural gas or propane connection under the Uniform Building Code Section 3707(n) and not covertible to solid fuel appliances are exempt from the requirements of this Rule.
A.3 Insert Device means any EPA Phase II or equivalent wood-heating device specifically designed to convert an open uncontrolled fireplace to a useful wood-heating device.
A.4 Oregon-Certified means any wood heater certified by the State of Oregon as meeting the performance and emission standards set forth in Sections 100 through 190 of Chapter 340, Division 21, Oregon Administrative Rules.
A.5 Pellet-Fueled Wood Heater means any wood heater that operates on pellet wood or other solid fuel and is either EPA certified or is exempt under EPA requirements as set forth in Part 60, Title 40, Subpart AAA Code of Federal Regulations, February 26, 1988.
A.6 Permanently Inoperable means modified in such a way that a device can no longer operate as a wood heater.
A.7 Person means any person, firm, association, organization, partnership, business trust, corporation, company contractor, supplier, installer, user, owner, state or local governmental agency or public district, or any officer or employee thereof.
A.8 Solid Fuel Appliances means any fireplace or wood heater that burns wood, coal, or any other nongaseous or nonliquid fuels, or any similar device burning any solid fuel, used as a water heater or for aesthetic or space-heating purposes in a private residence or commercial establishment, which has a heat input less than one million British thermal units per hour.
A.9 Used Wood Heating Device means any wood heater that has been used at least once, except wood heaters that have been used by retailers for the purpose of demonstration.
A.10 Wood Cook Stove means any wood-burning appliance designed primarily for cooking food with a separate oven for cooking or baking which is contained in and is an integral part of the body of the appliance.
A.11 Wood-Heating Device means any enclosed appliance capable of burning wood or other solid fuel and intended for space heating or domestic water heating. This term does not include fireplaces or wood cook stoves.


B. REQUIREMENTS

B.1 All wood-heating devices used for the first time in existing buildings and those used in all new residential and commercial building projects constructed after the effective date of this rule within the boundaries of Feather River Air Quality Management District shall meet emission and performance requirements equivalent to EPA Phase II devices as set forth in Part 60, Title 40, Subpart AAA Code of Federal Regulations, February 26, 1988.
B.2 No person shall cause or allow materials to be burned in a fireplace or wood-heating device such that the discharge of air contaminants would cause a public nuisance, pursuant to Section 41700 of the California Health and Safety Code.
B.3 No person shall sell, offer for sale, supply, install, or transfer a used wood heating device unless it meets one of the following criteria:

  1. It is certified by the EPA as meeting the performance and emission standards as set forth in Part 60, Title 40, Subpart AAA Code of Federal Regulations, February 26, 1988; or it is certified by the Oregon Department of Environmental Quality as meeting the performance and emission standards set forth in Sections 100 through 190 of Chapter 340, Division 21, Oregon Administrative Rules.
  2. It is exempted from certification by the EPA.
  3. It is a pellet-fueled wood heater.
  4. It has been rendered permanently inoperable as determined by the Air Pollution Control Officer.

Section B.3 shall not apply to an existing wood heating device which is permanently installed in a structure which is being offered for sale.
B.4 The Air Pollution Control Officer may issue an advisory through local communications media to voluntarily curtail the use of uncertified solid fuel appliances whenever conditions within the District are projected to cause ambient air quality concentrations of inhalable particulate matter (PM10) that exceed 60 micrograms per cubic meter.


C. ENFORCEMENT

C.1 Noncompliance with any part of this Rule shall be considered to be a violation of a District regulation and subject the violator to a civil penalty of up to one thousand dollars ($1,000) per day in which a violation occurs (Health and Safety Code Section 42402).
C.2 Any person who negligently emits an air contaminant in violation of this Rule shall be liable for a civil penalty of up to fifteen thousand dollars ($15,000) per day in which a violation occurs (Health and Safety Code section 42402.1).


D. EFFECTIVE DATE

D.1 This Rule shall become effective June 3, 1996.


E. APPLICABILITY

E.1 The provisions of this rule shall apply at all elevations within the Feather River Air Quality Management District.