(Adopted 3/14/1995)

A. Purpose: To reduce particulate matter and carbon monoxide emissions from fireplaces and solid fuel heating devices.
B. Applicability: This rule applies to any person who owns, sells, installs or uses solid fuel heating device(s) or fireplace(s).
C. Definitions:
  1. EPA-Certified Wood Heating Device: Any wood heating device that meets the performance and emission standards as set forth in Part 60, Title 40, Subpart AAA Code of Federal Regulations, February 26, 1988.
    a. 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.
    b. Phase II emission requirements are 4.1 and 7.5 grams per hour, respectively.
  2. Fireplace: 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 connection as decorative units under the Uniform Building Code Section 3707 (n) are exempt from the requirements of this rule.
  3. Garbage: All solid, semisolid, and liquid waste generated from residential, commercial and industrial sources, excluding paper and cardboard, but including trash, refuse, rubbish, industrial wastes, asphaltic products, manure, vegetable or animal solid and semisolid wastes.
  4. Paints: Exterior and interior house and trim paints, enamels, varnishes, lacquers, stains, primers, sealers, undercoaters, roof coatings, wood preservatives, shellacs, and other paints or paint-like products.
  5. Paint Solvents: Organic solvents sold or used to thin paints or clean up painting equipment.
  6. Pellet-Fueled Wood Heater: Any wood heater that operates on pellet wood and is either EPA certified or is exempted under EPA requirements set forth in Part 60, Title 40, Subpart AAA of the Code of Federal Regulations, February 26, 1988.
  7. Solid Fuel Appliances: 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 for aesthetics 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.
  8. Used Wood Heater: Any wood heater that has been used at least once, except wood heaters that have been used by retailers for the purpose of demonstration.
  9. Waste Petroleum Product: Any petroleum product other than gaseous fuels that has been refined from crude oil, and has been used, and as a result of use has been contaminated with physical or chemical impurities.
  10. Wood-Heating Device: Any enclosed wood-burning appliance capable of and intended for space heating or domestic water heating. This term does not include fireplaces.
D. Requirements:
  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 July 1, 1995 within the boundaries of Tehama County 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.
  2. No person shall cause or allow any of the following materials to be burned in a fireplace or wood-heating device: garbage, chemically treated wood, plastic products, rubber products, waste petroleum products, paints, paint solvents or coal.
  3. No person shall sell, offer for sale, supply, install or transfer a used wood heating device unless:
    a. It is certified by the EPA, or Oregon Department of Environmental Quality, or
    b. It is exempted from certification by EPA, or
    c. It is a pellet-fueled wood heater, or
    d. It has been rendered permanently inoperable by the Air Pollution Control Officer (APCO).
  4. The APCO shall issue an advisory through local communications media to voluntarily curtail the use of uncertified solid fuel appliances whenever weather conditions are projected to cause ambient air quality concentrations of inhaleable particulate matter (PM10) that exceed 60 micrograms per cubic meter.
  5. After October 1, 1995 all masonry and factory-built fireplaces used in new construction or remodel projects within the boundaries of Tehama County shall conform to a maximum emission limit of 7.5 grams per hour of total particulate matter by either:
    a. being initially and permanently equipped with an insert device which is EPA-certified to meet or exceed the above standard, or
    b. being certified and labeled in a permanent and accessible manner to meet the above emission limit by an EPA accredited laboratory.