# regon

John A. Kitzhaber, MD, Governor October 5, 2011 Dennis

### J. McLerran, Regional Administrator U.S. Environmental ProtectionAgency, Region I0 1200 SixthAvenue Mail Code: RA-140 Seattle, WA 98101 

### Department ofEnvironmental Quality Headquarters 811 SW Sixth Avenue Portland, OR 97204-1390 (503) 229-5696 FAX (503) 229-6124 TTY: 711

RE: Revision to the Oregon State Implementation Plan- Heat Smart Program for Residential Woodstoves and Other SolidFuel Burning Devices Dear Mr. McLerran: The Oregon Department ofEnvironmental Quality (DEQ) requests approval ofrevisions to the Oregon State Implementation Plan (SIP) from the Office ofAir, Waste, and Toxics, State and Tribal Air Programs Unit ofthe U.S. EPA, Region 10. Enclosed for your review is one hard copy ofthe amendments and one electronic copy ofthe amendments are saved onthe disk included. The Environmental Quality Commission adopted the revisions to the SIP under OAR 340-200-0040 on February 17, 201!. DEQ submits these revisions to EPA as partofthe SIP andpursuantto 40 CFR 51.104. I certifY thatpublic notices were published in newspapers ofgeneral circulation on September 22, 2010 and in the SecretaryofState's OregonBulletin on October 1, 2010. The notices included a statement that adoption ofthe rules would revise the SIP. I further certifythatpublic hearings were held on October 18, 2010 inMedford, Oregon, on October 19,2010 in Eugene, Oregon, on October20, 2010 in Portland, Oregon, on October 27, 2010 inBums, Oregonand on October 28,2010 in Pendleton, Oregon. Thank you for your assistance with these revisions to Oregon's SIP. The staffcontact for this submittal is Rachel Sakataat (503) 229-5659, andNicole Viele, SIP Coordinator at (503) 229-5946.

Enclosures

cc Donna Deneen, EPA, Region 1 0 Andrew Ginsburg, DEQ AQ Administrator Paul Koprowski, EPA Oregon Operations office Nicole Vick, DEQ AQ SIP Coordinator

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### ATTACHMENTS Attachment 1: Evidence the State has 

### adopted the revision 

### 1.1 StaffReport, Agenda Item H ofthe February 16-18, 2011 EQC meeting Also see Certificate and Order for Filing Permanent Administrative Rules in Attachment 4.2 Attachment 2: Evidence that the state has the necessary legal authority 

### See Attachment 1.1 

### "Commission Authority" (page #4 ofStaffReport, Agenda Item H, February 16-18, 2011 EQC meeting) Attachment 3: Provisions submitted for approval 

### 3.1 Adopted and amended rules submitted to Secretary ofState 3.la Enforcement Procedure and Civil Penalties: OAR ·340-012-: 

### 0054*, 0140*. Effective February 17,2011 3.lb General Air Pollution Procedures and Definitions: OAR 340- 

### 200-0040. Effective February 17, 2011 3.1c Heat Smart Progran1 for Residential Woodstoves and Other Solid Fuel Heating Devices: OAR 340-262-: 

### 0400, 0450, 0500, 0600, 0700*, 0800, 0900*. Effective February 17,2011 3.2 Redline/strikeout version of adopted, amended and repealed rules submitted to Secretary ofState 3.2a Enforcement Procedure and Civil Penalties: OAR 340-012-: 

### 0054*, 0140*. Effective February 17,2011 3.2b General Air Pollution Procedures and Definitions: OAR 340- 

### 200-0040. Effective February 17, 2011 3.2c Heat Smart Program for Residential Woodstoves and Other Solid Fuel Heating Devices: OAR 340-262-: 

### 0010, 0020, 0030, 0040, 0050, 0100, 0110, 0120, 0130, 0200, 0210, 0220, 0230, 0240, 0250, 0300, 0310, 0320, 0330, 0400, 0450, 0500, 0600, 0700*, 0800, 0900*. Effective February 17, 2011 Attachment 4: Evidence th_at the state followed the Administrative Procedures Act 

### 4.1 Public notice in the Secretary of State's Oregon Bulletin, October 1, 2010 publication 4.2 Certificate and Order for Filing Permanent Administrative Rules, filed March 10,2011 and effective March 15,2011 Attachment 5: Evidence ofadequate public notice 

### 5.1 Newspaper publication: 

### The Daily Journal ofCommerce, September 22, 2010 publication 5.2 Newspaper publication: The Oregonian, September 22, 2010 publication

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7.1 X X 7.2 the revision Report, Agenda Item H ofthe February 16-18, 201 1 EQC meeting see Certificate and Order for PermanentAdministrative Rules in Attachment4.2 Evidence that the state has the Attachment 1.1 "CommissionAuthority" (page #4 ofStaffReport, AgendaItem H, February 16-18,

and

Enforcement Procedure and Civil Penalties: OAR340-012-: 0054* 0140*. Effective General Air PollutionProcedures and Definitions: OAR 340-200-: 0040. Effective Heat SmartProgram for Residential Woodstoves and Other Solid Fuel Heating Devices: OAR340-262-: 0900*. Effective 17 2011
version amended and rules submitted to ofState
Civil Penalties: OAR340-012-: 0054* 0140*. General AirPollution Procedures and Definitions: OAR340-200-: 0040. Effective Smart Program for Residential Woodstoves and Other Solid Fuel Heating Devices: OAR340-262-: 0,0020,0030,0040,0050,0100,0110,0120,0130,0200,0210,0220,0230,0240,0250,0300,0310, 0400, 0600, 0700*, 0900*. Effective 201 1 Evidence that the state followed the Administrative Procedures Act ofState's October 2010 ficate and Order for Filing PermanentAdministrative Rules, filed March I0, 2011 and effective 2011

The The SeeAttachment 4.1

See #3 ofcover letter and Attachment 7.1

Officer's Report for rulemaking hearings on October 18, 2010, dated October 25, 20I0; October I9, 20IO, dated October 20, 2010; October 20, 20IO, dated October 2I, 20IO; October 27, 20IO, dated and October dated November 20I0

*Denotes rules that are not included in the State ofOregon Clean Air ACt State Implementation Plan but are being submitted to show acomplete account ofthe rulemaking package. ·

## Attachment 1 Evidence the state has adopted the revision

1.1 StaffReport, Agenda ItemH ofthe February 16-18,2011 EQC meeting Also see Certificate and Order for Filing PermanentAdministrative Rules in Attachment 4.2Attachment 1.1, page I



### State·ofOregon 

## DepartmentofEnvironmental Quality Memorandum
Date: Jan. 28, 2011 / Environmental Quality

# Co~ssyt**~** DickPedersen, Director

## 1:/~'-\., To: From: Subject: Agenda item H, Rule adoption: Heat SmartProgram for.residential woodstoves andothersolid fuel burning devices February 16-18, 2011, EQC meeting Whythis is Important

DEQ recommendation andEQCmotion

Background and needfor rulemakiog 1bisproposedmlemaking implements Senate Bill 102, a 2009 legislative measure designed to protect Oregonians from wood smokeby accelerating the turnover of older uncertifiedwoodstoves. DEQrecommends that theEQC adoptthe proposedrevisions to Oregon Administrative Rules, Chapter340, divisions 12 and 262 as presented in attschmentA. DEQ also recommends that the commissionamendthe Oregon Clean AirActimplementationplan (OAR 340-200-0040) as presented in attschmentA to include these revised roles as a revisionto the Oregon Clean Air Act ImplementationPlan, and thatthe commissionauthorize DEQ to submitthese revisions to the U:S. Environmental ProtectionAgency for approval as revisions to Oregon's Clean AirActImplementation Plan. Concerns aboutwood smoke Wintertime residential woodburning is a significant source ofairpollution, including fine particulate and airtoxics. Smoke from woodstoves and other wood heating devices canbe a primary reasonthat communities such as Klamath Falls and Oakridge do notmeetfederalhealth standards for fine particulate matter. Residential wood burning is also a significant source ofairpollution in a dozen othercommunities that are atrisk from elevated fine particulate levels. This rulemaking is a long-term strategy toimprove airquality by accelerating the turnover ofolder, uncertifiedwoodburning devices. SenateBill102 requirements· Senate BillJ02 requires the commission toestablish a programrequiringthe removal and destruction ofnoncertified woodstoves upon home sale. Italso authorizes the commissionto set emission standards for a broader range ofhome wood-heating devices, including outdoorwood-fired boilers andother wood burning devices thatare currently exempt from EPA's woodstove emissions certification requirements. Senate Bill 102 also makes it clearprohibited materials, such as garbage, may not be burned in a woodstove or fireplace.

Item H 000001Attachment 1.1, page 2

Rule adoption: Heat Smart Program February 16-18,2011, EQC meeting Page2 of8 ·

Effect ofrule Regulated devices underDEQ's new woodstove rules In 1984, Oregon was the frrst state inthe nationto require emissions certification ofnewwoodburning stoves. EPAquickly followed with national emission standards in 1988, buthas not.revised the 20-year-old woodstove standard since then. Atthattime, only a handful ofwoodstovemodels were exemptfrom emission standards. Today, EPA's exemption listhas over260devices because EPA'scurrentdefinitionof"woodstove" is too narrow. This allows hundreds of models ofuncertified residential woodburning devices, such as outdoor · residential woodboilers, to be sold because they aretechnically exempt byEPA. TheHeat Smartrules will expand the definition of''woodstove"to "solid fuel burning device," preventing these exemptdevices from being sold

### iti Oregon unlessthey meet EPA certification standards or any equivalentstandard approved bythe commission. Uncertified stove removal upon home sale- notification and destruction Pursuantto statute, the stove removalrequirements went into effect startingAug. 1, 2010. DEQ'sproposed rules establishprocedures to streamline implementation ofthese requirements andverifY thatuncertified stoves areremoved and destroyed upon home sale. Forexample, the rules require homeowners to notifY DEQ and obtain a receipt verifying the stovewas destroyed. DEQ proposed requiring a receipt as proofofdestructionto ensurethat uncertified solid fuel burning devices are not re-sold orillegally installed in anotherhome. 1 Any metal recycler, landfill operator, scrap metal dealer, hearthproducts store, or anyonewillingto take responsibility for ensuringthe stove is destroyed tothe extentthat itcannotbe used as a heating device again can issue thesereceipts. Manyuncertified stoves have already beenremoved uponhome sale since the statute became effective in August. DEQhasprovided guidance to Realtors® and homeownersWho have beenprovidingproofofdestruction and notificationto DEQ. This rulemaking fully implementsthe stove removalprovisions ofSenate Bill 102. Wood burningdevices subjectto emission standards Theproposed rules will incorporatea broaderrange ofhome wood-heating devices, including outdoorwood-frred boilers and otherEPA-exemptwood burning devices, ahd subjectthem to the federal emission standards for woodstoves. These devices willno longerbe able tobe soldin Oregonunlessthey demonstrate compliance withfederal emission standards. Effecton smallbusiness Businesses such as local hearth retailers that sell these uncertified (EPA-exempt) devices will incurreduced sales because they cannot sell these devices. While the loss ofthese sales will have a negative impact, overall theproposedrules are not expected to have a significantdetrimental effect ontheirbusinesses becausethey

1 OtherDEQ rules and state building code also·prohibitthe installation ofuncertified woodstoves.

Item H 000002Rule· adoption: Heat Smart Program February 16-18, 2011, EQC meeting Page3 of8 Attachment 1.1, page 3

will be selling different appliances, notnecessarily fewer. Themajority ofsmall retail businesses, suchashearthproductsretailers, sell certified stoves and other heatingdevices such as pelletornatural gas stoves thatwouldnotbe affected by DEQ'sHeat Smartregulations. These devices make up the bulk oftheirretail sales, which could benefit from increased demand due to the requirementto remove uncertified stovesupon home sale. Outdoorwood boilerdealers Theserules will have an adverse effect on small businesses thatsell outdoor wood boilers. Duringthe commentperiod, DEQheardfrom four local woodboiler retailers, a woodboilermanufacturer, andthe hearthproducts association about howDEQ'srules would prohibitthe sale ofthese devices in Oregon_ DEQ understands those concerns; however, DEQhas serious concerns aboutthe potential for excessive pollution from these devices and the subseque.nt health effects on local residents. With large fireboxes, smoldering fires, and short smokestacks, outdoorwoodboilers can create heavy smoke andrelease itclose to the ground, where it lingers andexposesthe communityto nuisance conditions and potential health risks. Inparticular, there are many areas in Oregonwhere residentialwoodburning can cause a community to exceed federal airquality health standards forparticulate matter. These devices have become a problemin otherareas ofthe U.S., and many cities have eitherbanned outdoorwoodboilers directly, or states like Washingtonhave adopted vety stringent emission standards thateffectively donot allow the sale ofthese devices inthat state. DEQhas spent thepasttwenty years investing in various woodstove changeouts and educationcampaigns across Oregon to remove older, pollutinguncertified woodstoves. Allowinguncertified outdoorwoodboilers in Oregon could undermine past efforts to reduce particulatepollution. Once installed, these devices could emithigh levels ofpollution for several decades. With so many communities nearor close to violatingpublichealth standards for fineparticulate, these devices must be adequatelyregulated to protectpublic health. DEQ could revisitthis issue in the future ifnew outdoor wood boilertechnologies are developedthat significantly reduce emissions from these devices to protectpublic health. Improved safetyin thehome

. Removing olderuncertified stoves from service upon home sale can also improve home safety. Based onexperience, DEQ believes thatmanyofthe old, uncertified stoves were improperly installed ornot inspectedto ensure they metexisting building codes. The use ofolder, uncertified stoves which produce morewood smoke leads to creosote buildup, posing a potential fire hazard. Stove removal upon home salewill lead to new, safety-inspected installations ifthe old stove is replaced with a new heating system.

Item H 000003Attachment LJ, page 4

Rule adoption: Heat Smart Program February 16-18, 2011, EQC meeting Page4 of8

Commission authority Stakeholder involvement Implementation DEQ intends to make compliance as easy as possible on everyone affected by the rulesthroughtechnical assistance, outreach anda user-friendlyreportingprocess. DEQ has beenworking with Realtors®, hearth dealers, chimney sweeps aod contractors for thepast nine monthsto help informthem oftherequirements by conducting trainings and providing educationalmaterials sothatthey canhelp inform theirclients ofthe law. Realtors®have beenvery effective ingettingthe word outabouttherequirements. DEQ has also established a web-based reporting tool to make iteasierfor homeowners to notify DEQthatthey have removed and destroyed stoves. DEQ will continueto workclosely with Realtors®to help informhomeowners oftherequirements.

. Burning prohibited materials indoors Theproposed rules also establishpenalties forthe burning ofprohibited materials indoors, as requiredunder ORS 468A.467. The rules make the penalties consistent with existingf"mes associated with outdoorburning ofprohibitedmaterials. The coll1llrission has authority totake this action under ORS 468 and 468A.

2009 legislation· DEQworkedwith stakeholders onthe 2009legislationto authorize the commission to set more stringentemission standardsfor a broaderraoge ofhome heating devices andtorequirethe removal ofimcertified woodstoves at the time ofhome sale. Stakeholders includedrepresentatives from the Oregon Hearth Patio aod Barbecue Association, the OregonAssociation ofRealtors andthe League of Oregon Cities. Ruledevelopment DEQadvisorycommittee DEQ convened an advisory committee in April 2010 to discuss

## anumberof practical issues regardingthe implementation ofthewoodstove removal -requirement. The committee included a local governmentrepresentative, real estate brokers, woodstove dealers, contractors and a metal recycler. Four ofthe**com~Tiittee** members were from KlamathFalls aodMedford, areasthat already have similarordinances for woodstove removaluponhonie sale. These committee members provided insight on: the successes aod challenges oftheirprograms. DEQ reconvened the committee in June 2010 to discussthe fiscal aod economic impacts o:fthe rule, specifically its imp>1cts on small businesses. A listofcommittee members is pr.ovided in attachmentB. Public hearings DEQ published information on its website aodused its email subscription service to people aboutthe advisory committee and proposed rulemaking. DEQ contacted

Item H 000004Attachment 1.1, page 5

Rule adoption: Heat Smart Program February HHB, 2011, EQC meeting Page 5 of8

Publiccomment

Key issueS over 2,500 people, including Realtors®, hearth products dealers and Oregon residents, who subscribedto receive updates on woodstove issues. DEQ also sent

. out targeted e-mails to real estate associations andboards across the state and

contactedthe Oregon Construction Contracting Boardto include information in its monthly newsletterthatis distributedto all licensed contractors. DEQ presented information aboutthe statutory requirements andproposedrules to five different Realtor® groups and the OregonHearth Patio and Barbecue Association. DEQ also held five public hearings incities throughoutthe state. Cross-program coordination DEQ coordinated internallywithin the air and solid waste programs to ensure the metal recyclers, landfill operators and otherpotential "disposal" facilities were aware oftheproposedrules and theirpotential impact. DEQ created a simple and easy process for a homeownerto dispose ofanuncertified stove without adding any implementation burdens to any disposal facility. DEQ held a public comment periodfrom Sept.21, 2010, through Oct. 29, 2010, which included.puhlic hearings in Medford, Eugene, Portland, Bumsand Pendleton. Results ofpublic inputare provided in attachmentC. Inresponse to comments received during the public commentperiod, DEQ is proposing a few minor changes. Most ofthese changes help clarify the intentof therule, suchas further defining what is meantby a "used device," establishing a timeframe for how long a woodstove curtailment exemptionlasts, and specifying the address information for a homeownerremoving and destroying a stove. DEQ didmake one substantive change regardingcertification and testing for outdoor wood boilers, described in more detail underthekey issues section. In orderto clarifytherules, DEQ proposedto repeal and thenreadopt entire sections ofthe currentrules. Thoughthis mightmakethe proposed revisions appearmore extensivethanthey are, the proposed revisions essentially renumber thecurrentrules, as well as make changesrequired by and relatedto Senate Bill I02. Also, the public comments on theproposed rules did notraise concerns that the public was confused aboutthe scope ofrevisiot)s in the proposed rules. Outdoorwood boilers Inthe proposed rules; DEQ is requiringthat all solid fuel buming devices, including EPA-exemptheating devices such as outdoor woodboilers, meet federal testing and emission standards for woodstoves. This is based on DEQ'sconcems aboutemissions from the EPA-exempt devices that are currently not required to ·meet any certification standard. Eight commenters, includingretailers, the Hearth Patio andBarbecue Association, and a woodboilermanufacturer, indicated DEQ should re·gulate outdoorwood

Item H 000005Attachment Ll,page 6

. Rule adoption: Heat $mart Program

February 16-18,2011, EOC meeting Page6 of8

Next steps boilers underEPA'svoluntary Phase 2 certificationprogram for outdoorwood boilers. EPA's voluntary programwas setupto achieve emissions reductions from outdoor woodboilers in the absence ofa fedeml rule. ]nevoluntary certification programprovides testing criteriaand emissions requirementsthatoutdoorwood boilers ml):st meet io orderto qualify for theprogram. Currently, any outdoor wood boiler qua!if)riog forthe program mustmeetPhase2 requirements, under which devicesmust be at least 90 percent cleanei:than older, unqualified outdoor wood boilers. While EPAhas established a voluntary outdoorwoodboiler certificationprogram, .even the cleanestoutdoorwoodboilers underthis.program pollutetoo much to meet Oregon's air quality needs. Accordingtothe U.S. EPA, a Phase 2 outdoor wood boilercan emit 1.5 to threetimes moreparticlepollutionthan a certified woodstove. Outdoorwood boilers are designed to heat entire houses; ifone were to compare similarhome heating devices such as an oil or gas furnace, anoutdoor woodboiler is 25 to 38 times higheremitting. In addition, DEQ also has concerns about several aspects ofEPA's currentvoluntarytestmethod for outdoorwood boilers. However, based onthe public commentreceived, DEQhasrevisedthe proposed rules to allow for DEQ approval ofan emissions testmethodologythat a manufacturer can use to demonstrate thatan outdoorwood boilermodel meets· standards equivalentto EPA's woodstove emission standard? Inthe future, this could allowfor Oregon sales oflow-emission outdoorwood-fired boilers. DEQ also recognizes the substantial costs incurred by anyhomeowner who recently purchasedan EPA-qualifiedPhase 1 or 2 outdoor wood boiler. In order to protectconsumers who made an investment inthese devices, DEQhasmodified the rules to notrequire already installedEPA-qualified Phase 1 or2 outdoorwood boilers from being removed attime ofhome sale. Homeownerswith anEPAqualified outdoorwood boilermustnotifY DEQ ofthis device to be exemptfrom the removal requirements. Outreach to homeowners,Realtors® and hearth retailers DEQ has beenworking closely withreal estate associations, contractors, hearth products dealers arid chimney sweeps to help inform homeowners aboutthe uncertified woodstove removal requirements. DEQconducted five training sessionswith Realtors®, developed a presentationthatwas disseminated to realtor officesthroughoutthe state andprovided handouts andfact sheets for Realtors® toprovide to homeowners. DEQ developed a web page for homeownersto

2 EPA'scurrent particulate matter emission standard for woodstoves equipped with a catalytic combustor is a weighted average of4.1**glhr~** and for woodstoves withouta catalytic combustor is a**w~ighted** average of7.5 gthr. EPA iS in the process ofdeveloping revisions to its woodstove regulations, which·may tighten particularmatlei · ·erDission standards, crea,te emission 'standards for additional pollutants, include other solid fuel burning devices such as peUet stoves and outdoor wood boilers, and make other changes. EPA has notyet formally proposed any revisions, but plans to do so.in 2011. ·

Item H 000006Attachment 1.1, page 7

Rule adoption: Heat Smart Program February 16-18, 2011, EQC meeting Page 7 of8

Attachments

Available upon request download any information relativeto the program andcreatedan on-line reporting

. form to make it easier for homeowners to notifyDEQ ofthe woodstove removal.

DEQ also workedwiththe Oregon Hearth Patio and Barbecue Associationto have its membersprovidetrainings andoutreach to Realtors® all overthe state. DEQ is continuing'to provide outreachmaterials and information for homeownersto keep them informed oftheremovalrequirements. DEQ will informhearthretailers andhardware stores thatthey cannot sell EPA exemptwoodburning devices unlessthey are certified. DEQwill also contact outdoor wood boilermanufacturers and dealerstonotifYtheirclients about registering any EPA-qualified Phase I or2 devices withDEQ, so that the

.homeownerwill notberequired to remove the device upon home sale. Enforcement Compliance withthe woodstove removal rules will occurprimarily through education and awareness, which is similarto howDEQ currently enforces the sale ofuncertified woodstoves. Real estate agents play a crucial role in education and outreach. While the real estate agents will not be asked to enforce these regulations, they 'will provide informationtotheirclients abouttheremoval and destruction requirements. DEQ isalso monitoring websites and other classified ads to stop any illegal sales ofan uncertified stove. In addition, many insurance companies are nowrequiring the newhomeownerto haveproofofnotification from DEQthat a stove has been removed and destroyedbefore they will insure the home. StateImplementation Plan Ifapproved, DEQwill submitthe revised rules to EPA as a revisionto the Oregon Clean AirActImplementationPlan. A. B. 

### c. D. 

### E. F. G. ]. 2. 3. 4. 5. Proposedrule revisions Summary ofpublic comments and agency responses PresidingOfficer'sreport on public hearings Relationship to Federal Requirements questions Statement ofNeed andFiscal and Economic Impact LandUse Evaluation statement Advisory committeemembership SenateBill 102 as adopted June 18, 2009 Legal Notice ofHearing Cover memorandum from public notice Written commentreceived Rule implementation plan

Item H 000007Rule adoplion: Heat Smart Program

· February 16-18, 2011: EQC meeting

Page 8 of8 Approved: Attachment 1.1, page 8

Reportprepared by: Rachel Sakata Phone:503-229-5659

Item H 000008

## Attachment 2 

## Evidence thatthe state has the necessary legal authority

See Attachment 1.1 "CommissionAuthority" (page #4 ofStaffReport, AgendaItem H of the February 16-18, 2011 EQC meeting)

## Attachment 3 Provisions submitted for approval

3.I Adopted and amended rules submitted to Secretary ofState 3.la Enforcement Procedure and Civil Penalties: OAR 340-012-: 0054*, 0140*. Effective February 17,2011 3.1b General Air Pollution Procedures and Definitions: OAR340-200-: 0040. Effective February 17, 2011 3.Ic Heat Smart Program for Residential Woodstoves and Other Solid Fuel Heating Devices: OAR 340-262-: 0400, 0450, 0500, 0600, 0700*, 0800, 0900*. Effective February 17, 2011 3.2 Redline/strikeoutversion ofadopted, amended and repealed rules submitted to Secretary ofState 3.2a Enforcement Procedure and Civil Penalties: OAR340-012-: 0054*, 0140* Effective February 17, 2011 3.2b General Air Pollution Procedures and Definitions: OAR 340-200-: 0040. Effective February 17, 2011 3.2c Heat Smart Program for Residential Woodstoves and Other Solid Fuel Heating Devices: OAR340-262-: 0010,0020,0030,0040,0050,0100,0110,0120,0130, 0200,0210,0220,0230,0240,0250,0300,0310,0320,0330, 0400,0450,0500, 0600, 0700*, 0800, 0900*. Effective February 17, 2011

*Denotes rules that are not included in the State ofOregon Clean Air Act State Implementation Plan but are being submitted to show a complete account ofthe rulemaking package.Attachment 3.I, page I


### DEPARTMENT OFENVIRONMENTAL QUALITY
DIVISION 12 ENFORCEMENT PROCEDURE AND CIVIL PENALTIES 340-012-0054 

### Air Quality Classification ofViolations (!)Class I: (a) Constructing a new source or modifying an existing source without first obtaining a required New Source Review/Prevention ofSignificantDeterioration (NSR/PSD) permit; (b) Operating a major source, as defined in OAR 340-200-0020, without first obtaining the required pennit; (c) Exceeding a Plant Site Emission Limit (PSEL); (d) Failing to install control equipment or meet performance standards as required byNew Source Performance Standards under OAR 340 division 238 orNational Emission Standards for Hazardous Air Pollutant Standards under OAR 340 division 244; (e) Exceeding a hazardous airpollutant emission limitation; (f) Failing to comply with an Emergency Action Plan; (g) Exceeding an opacity or emission limit (including a grain loading standard) or violating an operational orprocess standard, that was established pursuantto New Source Review/Prevention ofSignificant Deterioration (NSR/PSD), or the Western Backstop S02 Trading Program; (h) Exceeding an emission limit or violating an operational orprocess standard that was establishedto limit emissions to avoid classification as a major source, as defined in OAR 340-200-0020; (i) Exceeding an emission limit, including a grain loading standard, by a major source, as defined in OAR 340-200-0020, when the violation was detected during a reference method stacktest; (j) Failingto perform testing or monitoring, required by a permit, rule ororder, that results in failure to showcompliance with a Plant Site Emission Limit (PSEL) or with an emission limitation or a performance standard set pursuant to New Source Review/Prevention ofSignificant Deterioration (NSR/PSD), National Emission Standards for Hazardous Air Pollutants (NESHAP), New Source Performance StandardsAttachment 3.1, page 2
(NSPS), Reasonable Achievable Control Technology (RACT), Best Achievable Control Technology (BACT), Maximwn Achievable Control Technology (MACT), Typically Achievable Control Technology (TACT), Lowest Achievable Emissions Rates (LAER) or adopted pursuant to section 111(d) ofthe Federal Clean AirAct; (k) Causing emissions that are a hazard to public safety; (1) Violating a work practice requirement for asbestos abatementprojects; (m)Storing or accumulating friable asbestos material or asbestos-containing waste material; (n) Conducting an asbestos abatementproject, by a personnot licensed as an asbestos abatement contractor; (o) Violating an OAR 340 division 248 disposal requirement for asbestos-containing waste material; (p) Failingto hire a licensed contractorto conduct an asbestos abatementproject; (q) Openly burning materials which are prohibited from being open burned anywhere inthe state by OAR 340-264-0060(3), or burning materials in a solid fuel burning device, fireplace, trash burner or other device as prohibited by OAR 340-262-0900(1). (r) Failing to install certified vaporrecovery equipment. (s) Delivering for sale a noncompliantvehicle by an automobile manufacturer in violation of Oregon LowEmissionVehicle rules set forth in OAR 340 division 257. ·· (t) Exceeding an Oregon LowEmissionVehicle average emission limit set forth in OAR 340 division 257. (u) Failing to comply with Zero EmissionVehicle (ZEV) sales requirements set forth in OAR 340 division 257. (v) Failing to obtain a MotorVehicle Indirect Source Permit as required in OAR 340 division 257. (w)Selling, leasing, or renting a noncompliant vehicle by an automobile dealer or rental car agency in violation ofOregon LowEmission Vehicle rules set forth in OAR 340 division 257. (2) Class II: (a) Constructing or operating a source required to have an Air Contaminant Discharge Permit (ACDP) without first obtaining such permit, unless otherwise classified;Attachment 3.1, page 3 (b) Violating theterms orconditions ofa pennit or license, unless otherwise classified; (c) ModifYing a source in such a way as to require a permit modification from the department without first obtaining such approval from the department, unless otherwise classified; (d) Exceeding an opacity limit, unless otherwise classified; (e) Exceeding a Volatile Organic Compound (VOC) emission standard, operational requirement, control requirement orVOC content limitation established by OAR 340 division 232; (f) Failing to timely submit an ACDP annual report; (g) Failing to timely submit a certification, report, orplanas required by rule orpermit, unless otherwise classified; (h) Failing to timely submit a pennit application orpermit renewal application; (i) Failing to comply with the open burning requirements for commercial, construction, demolition, or industrial wastes in violation ofOAR 340-264-0080 through 0180; 

## G) Failing to comply with open burning requirements in violation ofany provision ofOAR 340 division 264, unless otherwise classified; orburning materials in a solid fuel burning device, fireplace, trash burner orother device as prohibited by OAR 340-262-0900(2}. (k) Failing to replace, repair, ormodifY any worn or ineffective component or design element to ensure the vaportight integrity and efficiency ofa stage I or stage II vapor collection system; (I) Failing to provide notification ofan asbestos abatement project; (m)Failing to perform a final air clearance test or submit an asbestos abatement project air clearance report for an asbestos abatement project; or (n) Violating onroad motor vehicle refinishing rules contained in OAR 340-242-0620. (o) Failing to comply with an Oregon Low Emission Vehicle reporting, notification, or warranty requirement set forth in OAR division 257. (3) Class III: (a) Failingto perform testing ormonitoring required by a permit, rule or order where missing datacan be reconstructed to showcompliance with standards, emission limitations or underlying requirements;Attachment 3.I,page 4 (b) Constructing or operating a source required to have a Basic Air Contaminant Discharge Permitwithout first obtaining the permit; (c) Modifying a source in such a way as to require construction approval from the department without first obtaining such approval from the department, unless otherwise classified; (d) Failing to provide propernotification ofan asbestos abatement project or failing to revise a notification when necessary, unless otherwise classified; (e) Submitting a late air clearance report that demonstrates compliance with the standards for an asbestos abatement project; or (f) Licensing a noncompliant vehicle by an automobile dealer or rental car agency in violation ofOregon LowEmission Vehicle rules set forth in OAR 340 division 257. [Publications: Publications referenced are available from the agency.] Stat. Auth.: ORS 468.020, 468A.025 & 468A.045 Stats. Implemented: ORS 468.020 & 468A.025 Hist.: DEQ 78, f. 9-6-74, ef. 9-25-74; DEQ 5-1980, f. & ef. 1-28-80; DEQ 22-1984, f. & ef. 11- 8-84; DEQ 22-1988, f. & cert. ef. 9-14-88; DEQ 4-1989, f. & cert. ef. 3-14-89; DEQ 15-1990, f. & cert. ef. 3-30-90; DEQ 31-1990, f. & cert. ef. 8-15-90; DEQ 2-1992, f. & cert. ef. 1-30-92; DEQ 21-1992, f. & cert. ef. 8-11-92; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 20-1993(Temp), f. & cert. ef. 11-4-93; DEQ 4-1994, f. & cert. ef. 3-14-94; DEQ 13-1994, f. & cert. ef. 5-19-94; DEQ 21-1994, f. & cert. ef. 10-14-94; DEQ 22-1996, f. & cert. ef. 10-22-96; DEQ 19-1998, f. & cert. ef. 10-12-98; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; Renumbered from 34Q-012-0050, DEQ 4-2005, f. 5-13-05, cert. ef. 6-1-05; DEQ 4-2006, f. 3-29-06, cert. ef. 3-31-06; DEQ 6- 2006, f. & cert. ef. 6-29-06 340-012-0140 Determination ofBase Penalty (1) Except for Class III violations and for penalties assessed under OAR 340-012-0155, the base penalty (BP) is determined by applying the type, class and magnitude ofthe violationto the matrices set forth inthis section. For Class III violations, no magnitude determination is required. (2) $8,000 Penalty Matrix: (a) The $8,000 penalty matrix applies to the following: (A) Any violation ofan air quality statute, rule, permit orrelated order committed by a person thathas or should have a Title V permit or an Air Contaminant Discharge Permit (ACDP) issued pursuantto New Source Review (NSR) regulations orAttachment 3.1, page 5

Prevention ofSignificant Deterioration (PSD) regulations, or section 112(g) ofthe federal Clean Air Act. · (B) Open burning violations as follows: (i)Any violation ofan open burning statute, rule, permit or related order committed by a permitted industrial facility. (ii) Any violation ofOAR 340-264-0060(3) in which 25 or more cubic yards of prohibited materials or more than 15 tires are bumed, except when committed by a residential owner-occupant. (C) Any violation ofthe Oregon LowEmission Vehicle rules (OAR 340-257) by an automobile manufacturer. (D) Any violation of468B.025(1)(a) or (l)(b), or ofORS 468B.050(1)(a) by a person · without anNational Pollutant Discharge Elimination System (NPDES) permit. (E) Any violation ofa water quality statute, rule, permit or related order by: (i)A personthathas a NPDES permit, or that has or shouldhave a Water Pollution Control Facility (WPCF) permit, for a municipal or private utility sewage treatment facility with a permitted flow offive million or more gallons per day. (ii) A personthat has a major industrial source NPDES pennit. (iii)A person that has a population of 100,000 ormore, as determined by the most recent national census, and eitherhas or should have a WPCF Municipal StormwaterUnderground Injection Control (UIC) System Permit, orhas a NPDES Municipal Separated Storm Sewer Systems (MS4) Stormwater Discharge Pennit. (iv)A person that has or should have a WPCF permit for a major vegetable or fruit processing facility, for a majormining operation involving over 500,000 cubic yards per year, orfor any mining operation using chemical leaching or froth flotation. (v) A person that installs or operates a prohibited Class I, II, III, IV or V UIC system, except for a cesspool. (F) Any violation ofan underground storage tanks statute, rule, permitor related order committed by the owner, operator orpermittee of 10 ormore UST facilities or a person who is licensed or should be licensed by the department to perform tank services.Attachment 3.1, page 6 (G) Any violation ofa heating oil tank statute, rule, permit, license orrelated. order committed by a person who is licensed or should be licensed by the department to perform heating oil tank services. (H) Any violation ofORS 468B.485, orrelated rules or orders regarding financial assurance for ships transporting hazardous materials or oiL (I) Any violation ofa used oil statute, rule, permit or related order committed by a person who is a used oil transporter, transfer facility, processor or re-refiner, offspecification used oil burner orused oil marketer. (J) Any violation ofa hazardous waste statute, rule, permit or related order by: (i) A person that is a large quantity generator orhazardous wastetransporter. (ii) A person that has or should have a treatment, storage or disposal facility permit. (K) Any violation ofan oil and hazardous material spill and release statute, rule, or related order. (L) Any violation ofa polychlorinated biphenyls (PCBs) management and disposal statute, rule, permit or related order. (M) Any violation ofORS Chapter465, UST or enviromnental cleanup statute, rule, related order orrelated agreement. (N) Unless specifically listed under anotherpenalty matrix, any violation ofORS Chapter459 or any violation ofa solid waste statute, nile, permit, or related order committed by: (i)A personthathas or should have a solid waste disposal permit. (ii) A person with a population of25,000 or more, as determined by the mostrecent national census. (b) The base penalty values for the $8,000 penalty matrix are as follows: (A) Class I: (i) Major-- $8000; (ii) Moderate

-- $4000; (iii) Minor-- $2000. (B) Class II:Attachment 3.1, page 7



### (i) Major

-- $4000; (ii) Moderate

-- $2000; (iii) Minor-- $1000. (C) Class III: $750. (3) $6,000 Penalty Matrix: (a) The $6,000 penalty matrix applies to the following: (A) Any violation ofan air quality statute, rule, permit orrelated order committed by a personthat has or should have an ACDP pennit, except for NSR, PSD and Basic ACDP permits. (B) Any violation ofan asbestos statute, rule, permit orrelated order exceptthose violations listed in section (5) ofthis rule. (C) Any violation ofa vehicle inspection program statute, rule, permit or related order committed by an auto repair facility. (D) Any violation ofthe Oregon Low Emission Vehicle rules (OAR 340-257) by an automobile dealer or an automobile rental agency. (E) Any violation ofa water quality statute, rule, permit or related order committed by: (i) A person that has a NPDES Permit, orthat has or should have a WPCF Permit, for a municipal orprivate utility sewage treatment facility with a permitted flow oftwo million or more, but less than five million, gallons per day. (ii) A person that has a minor industrial source NPDES Permit, or has or should have a WPCF Permit, for an industrial source. (iii) A person that has or should have applied for coverage under an NPDES or a WPCF General Permit, except an NPDES Stormwater Discharge 1200-C General Permit for a construction site ofone acre ormore, but lessthanfive acres in size and exceptfor an NPDES 700-PM General Permit for suction dredges. (iv) A person that has a population ofless than 100,000 but more than 10,000, as determined by the mostrecent national census, and has or should have a WPCF Municipal Stormwater UIC System Permit or has an NPDES MS4 Stonnwater Discharge Permit.Attachment 3.1, page 8 

### (v) A person that has or should have a WPCF permitfor a mining operation involving from I00,000 up to 500,000 cubic yards otherthan those operations using chemical leachate orfroth flotation. (vi) A personthat owns, and that has or shouldhave registered, a UIC systemthat disposes ofwastewater otherthan stormwater or sewage. (F) Any violation ofan UST statute, rule, permit orrelated order committed by a person who is the owner, operator orpermittee offive to nine UST facilities. (G) Unless specifically listed under another penalty matrix, any violation ofORS Chapter 459 or other solid waste statute, rule, permit, orrelated ordercommitted by: (i)A person that has or should have a waste tire permit; or (ii) A person with a population ofmore than 5,000 but less than or equal to 25,000, as determined by the most recent national census. (H) Any violation ofa hazardous waste management statute, rule, permitorrelated order committed by a person that is a small quantity generator. (b) The base penalty values for the $6,000 penalty matrix are as follows: (A)Class I:

(i) Major-- $6,000. (ii) Moderate

-- $3,000. (iii) Minor-- $1,500. (B) Class II:

(i) Major-- $3,000. (ii) Moderate-- $1,500. (iii) Minor-- $750. (C) 

### Class III: $500. ( 4) $2,500 Penalty Matrix: (a) The $2,500 penalty matrix applies to the following:Attachment 3.1, page 9 (A) Any violation ofany statute, rule, permit, license, or order committed by a person not listedunder anotherpenalty matrix. (B) Any violation ofanair quality statute, rule, permit or related order committed by a person not listed under another penalty matrix. (C) Any violation ofOAR 340-264-0060(3) in which 25 ormore cubic yards of prohibited materials or more than 15 tires are burned by a residential owneroccupant (D) Any violation ofa vehicle inspection program statute, rule, permit or related order committed by a natural person, except for those violations listed in section (5) ofthis rule. (E) Any violation ofa water quality statute, rule, permit, license or related ordernot listed under another penalty matrix and committed by: (i)A personthathas anNPDES permit, orhas or shouldhave a WPCF permit, for a municipal or private utility wastewatertreatment facility with a permitted flow of less than two million gallons per day. (ii) A person thathas or should have applied for coverage under anNPDES Stormwater Discharge 1200-C General Permit for a construction site that is more than one, but less than five acres. (iii)A person that has a population of 10,000 or less, as determined by the most recent national census, and either has anNPDES MS4 StonnwaterDischarge Permit or has or should have a WPCF Municipal StormwaterUIC System Permit (iv)A person who is licensed to perform onsite sewage disposal services or who has performed sewage disposal services. (v) A person, except for a residential owner-occupant, that owns and either has or should have registered a UIC system that disposes ofstormwater or sewage. (vi)A person that has or should have a WPCF individual stormwater UIC system permit. (F) Any violation ofan onsite sewage disposal statute, rule, permit orrelated order, except for a violation committed by the residential owner-occupant. (G) Any violation ofan UST statute, rule, permit or related order ifthe person is the owner, operator or permittee oftwo to four UST facilities.Attachment 3.1, page 10
(H) Any violation, except a violation related to a spill or release, ofa used oil statute, rule, permit or related order committed by a personthat is a used oil generator. (I) Unless listed under anotherpenalty matrix, any violation ofa hazardous waste management statute, rule, permit orrelated order committed by a person that is a conditionally exempt generator ifthe violation does not impact the person's generator status. (J) Any violation ofORS Chapter 459 or other solidwaste statute, rule, permit, or related order committed by a person with a population less than 5,000, as determined by the most recent national census. (K) Any violation ofthe labelingrequirements ofORS 459A.675 through 459A.685. (L) Any violation ofrigidpesticide container disposal requirements by a conditionally exempt generator ofhazardous waste. (b) The base penalty values for the $2,500 penaltymatrix are as follows: (A) Class I: (i) Major-- $2500; (ii) Moderate-- $1250; (iii) Minor-- $625. (B) Class II: (i) Major-- $1250; (ii) Moderate

-- $625; (iii) Minor

-- $300. (C) Class III: $200. (5) $1,000 Penalty Matrix: (a) The $1,000 penalty matrix applies to the following: (A) Any violation ofan open burning statute, rule, permit orrelated order committed by a residential owner-occupant at the residence, not listed under anotherpenalty matrix. (B) Any violation ofvisible emissions standards by operation ofa vehicle.Attachment 3.1, page 11

(C) 

### Any violation ofan asbestos statute, rule, permit or related order committed by a residential owner-occupant. (D) Any violation ofan onsite sewage disposal statute, rule, permit or related order of OARchapter 340, division 44 committedby a residential owner-occupant. (E) Any violation ofan UST statute, rule, permit or related order committed by a person who is the owner, operator orpermittee ofone UST facility. (F) Any violation ofan HOT statute, rule, permit or related order not listed under another penalty matrix. (G) Any violation ofa dry cleaning facility statute, rule, permit or related order. (H) Any violation ofa statute, rule, permit or orderrelating to rigid plastic containers, except for violation ofthe labeling requirements under OAR459A.675 through 459A.685. (I) Any violation ofa statute, rule or order relating to the opportunityto recycle. (J) 

### Any violation ofOARchapter 340, division 262 or other statute, rule or order relating to solid fuel burning devices, except a violation related to the sale ofnew or used solid fuel burning devices orthe removal and destruction ofused solid fuel burning devices. (K) Any violation ofan UIC systemstatute, rule, permit or relatedorderby a residential owner-occupant, when the UIC disposes ofstormwateror sewage. (L) Any violation by a person that has or should have applied for coverage under an NPDES 700-PM General Permit for Suction Dredges. (b) The base penalty values for the $1,000 penalty matrix are as follows: (A) Class I: (i) Major-- $!000; (ii) Moderate

-- $500; (iii) Minor

-- $250. (B) Class II: (i) Major-- $500;Attachment 3.1, page 12 

### (ii) Moderate

-- $250; (iii) Minot

-- $125. (C) Class III: $100. Stat. Auth.: ORS 468.020 & 

### 468.090-468.140 Stats. Implemented: ORS 459.995, 459A.655, 459A.660, 459A.685 & 

### 468.035 Hist.: DEQ 4-1989, f. & 

### cert. ef. 3-14-89; DEQ 15-1990, f. & 

### cert. ef. 3-30-90; DEQ 33-1990, f. & 

### cert. ef. 8-15-90; DEQ 21-1992, f. & 

### cert. ef. 8-11-92; DEQ 4-1994, f. & 

### cert. ef. 3-14-94; DEQ 9-1996, f. & 

### cert. ef. 7-10-96; DEQ 19-1998, f. & 

### cert. ef. 10-12-98; DEQ 6-2001, f. 6-18- 01, cert. ef. 7-1-01; Renumbered from 340-012-0042, DEQ 4-2005, f. 5-13-05, cert. ef. 6-1-05; DEQ 4-2006, f. 3-29-06, cert. ef. 3-31-06; DEQ 6-2006, f. & 

### cert. ef. 6-29-06340-200-0040 DIVISION200 GENERAL AIRPOLLUTION PROCEDURES AND DEFINITIONS

State ofOregon CleanAirAct Implementation Plan Attachment 3.I,page 13

(1) (This imp1ementationplan, consisting ofVolumes 2 and 3 ofthe State ofOregonAir Quality Control Program, contains control strategies, rules and standards prepared bythe Department ofEnvironmental Quality and is adopted as the state implementation plan (SIP) ofthe State ofOregonpursuant to the federal Clean Air Act, 42 U.S.C.A 7401 to 7671q. (2) Exceptas provided in section (3), revisions to the SIP will be made pursuant to the Commission's rulemaking procedures in division 11 ofthis chapter and any other requirements contained in the SIP and will be submitted to the United States Environmental Protection Agency for approval. The State Implementation Plan was last modified by the Commission on February 18,2011. (3) Notwithstanding any other requirement contained inthe SIP, the Department may: (a) Submitto the Environmental Protection Agency anypermit conditionimplementing a rule that is part ofthe federally-approved SIP as a source-specific SIP revision after the Departmenthas complied withthe public hearings provisions of40 CFR 51.102 (July 1, 2002); and (b) Approve the standards submitted by a regional authority ifthe regional authority adopts verbatim any standard that the Commission has adopted, and submitthe standards to EPA for approval as a SIP revision. NOTE: Revisions to the State ofOregon Clean Air Act Implementation Plan become federally enforceable upon approval by the United States Environmental Protection Agency. Ifany provision ofthe federally approved Implementation Plan conflicts with any provision adopted by the Commission, the Department shall enforce the more stringent provision. Stat. Auth.: ORS 468.020 Stats. Implemented: ORS 468A.035 Hist.: DEQ 35, f. 2-3-72, ef. 2-15-72; DEQ 54, f. 6-21-73, ef. 7-1-73; DEQ 19-1979, f. & ef. 6-25-79; DEQ 21-1979, f. & ef. 7-2-79; DEQ 22-1980, f. & ef. 9-26-80; DEQ 11-1981, f. & ef. 3-26-81; DEQ 14-1982, f. & ef. 7-21-82; DEQ 21-1982, f. & ef. 10-27-82; DEQ 1-1983, f. & ef. 1-21-83; DEQ 6-1983, f. & ef. 4-18-83; DEQ 18-1984, f. & ef. 10-16-84; DEQ 25-1984, f. & ef. 11-27-84; DEQ 3-1985, f. & ef. 2-1-85; DEQ 12-1985, f. & ef. 9-30-85; DEQ 5- 1986, f. & ef. 2-21-86; DEQ 10-1986, f. & ef. 5-9-86; DEQ 20-1986, f. & ef. 11-7-86; DEQ 21-1986, f. & ef. 11-7-86; DEQ 4-1987, f. & ef. 3-2-87; DEQ 5-1987, f. & ef. 3-2-87; DEQ 8-1987, f. & ef. 4-23-87; DEQ 21-1987, f. & ef. 12-16-87; DEQ 31-1988, f. 12-20-88, cert. ef. 12-23-88; DEQ 2-1991, f. & cert. ef. 2-14-91; DEQ 19-1991, f. & cert. ef. 11-13-91; DEQ 20-1991, f. & cert. ef. 11-13-91; DEQ 21-1991, f. & cert. ef. 11-13-91; DEQ 22-1991, f. & cert. ef. 11-13-91; DEQ 23-1991, f. & eert. ef. 11-13-91; DEQ 24-1991, f. & cert. ef. 11-13-91; DEQ 25-1991, f. & cert. ef. 11-13-91; DEQ 1-1992, f. & cert. ef. 2-4-92; DEQ 3-1992, f. & cert. ef. 2-4-92; DEQ 7-1992, f. & cert. ef. 3-30-92; DEQ 19-1992, f. & cert. ef. 8-11- 92; DEQ 20-1992, f. & cert. ef. 8-11-92; DEQ 25-1992, f. 10-30-92, cert. ef. 11-1-92; DEQ 26-1992, f. &Attachment 3.!,page 14

cert. ef. 11-2-92; DEQ 27-1992, f. & cert. ef. 11-12-92; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 8-1993, f. & cert. ef. 5-11-93;DEQ 12-1993, f. & cert. ef. 9-24-93; DEQ 15-1993, f. & cert. ef. 11-4-93; DEQ 16- 1993, f. & ce1t. ef. 11-4-93; DEQ 17-1993, f. & cert. ef. 11-4-93; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 1-1994, f. & cert. ef. 1-3-94; DEQ 5-1994, f. & cert. ef. 3-21-94; DEQ 14-1994, f. & cert. ef. 5-31- 94; DEQ 15-1994, f. 6-8-94, cert. ef. 7-1-94; DEQ 25-1994, f. & cert. ef. 11-2-94; DEQ 9-1995, f. & cert. ef. 5-1-95; DEQ 10-1995, f. & cert. ef. 5-1-95; DEQ 14-1995, f. & cert. ef. 5-25-95; DEQ 17-1995, f. & cert. ef. 7-12-95; DEQ 19-1995, f. & cert. ef. 9-1-95; DEQ 20-1995 (Temp), f. & cert. ef. 9-14-95; DEQ 8-1996(Temp), f. & cert. ef. 6-3-96; DEQ 15-1996, f. & cert. ef. 8-14-96; DEQ 19-1996, f. & cert. ef. 9- 24-96; DEQ 22-1996, f. & cert. ef. 10-22-96; DEQ 23-1996, f. & cert. ef. 11-4-96; DEQ 24-1996, f. & cert. ef. 11-26-96; DEQ 10-1998,f. & cert. ef. 6-22-98; DEQ 15-1998, f. & cert. ef. 9-23-98; DEQ 16- 1998, f. & cert. ef. 9-23-98; DEQ 17-1998, f. & cert. ef. 9-23-98; DEQ 20-1998, f. & cert. ef. 10-12-98; DEQ 21-1998, f. & cert. ef. 10-12-98; DEQ 1-1999, f. & cert. ef. 1-25-99; DEQ 5-1999, f. & cert. ef. 3- 25-99; DEQ 6-1999, f. & cert. ef. 5-21-99; DEQ 10-1999, f. & cert. ef. 7-1-99; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-0047; DEQ 15-1999, f. & cert. ef. 10-22-99; DEQ 2-2000, f. 2- 17-00, cert. ef. 6-1-01; DEQ 6-2000, f. & cert. ef. 5-22-00; DEQ 8-2000, f. & cert. ef. 6-6-00; DEQ 13- 2000, f. & cert. ef. 7-28-00; DEQ 16-2000, f. & cert. ef. 10-25-00; DEQ 17-2000, f. & cert. ef. 10-25-00; DEQ 20-2000 f. & cert. ef. 12-15-00; DEQ 21-2000, f. & cert. ef. 12-15-00; DEQ 2-2001, f. & cert. ef. 2- 5-01; DEQ 4-2001, f. & cert. ef. 3-27-01; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 15-2001, f. & cert. ef. 12-26-01; DEQ 16-2001, f. & cert. ef. 12-26-01; DEQ 17-2001, f. & cert. ef. 12-28-01; DEQ 4- 2002, f. & cert. ef. 3-14-02; DEQ 5-2002, f. & cert. ef. 5-3-02; DEQ 11-2002, f. & cert. ef. 10-8-02; DEQ 5-2003, f. & cert. ef. 2-6-03; DEQ 14-2003, f. & cert. ef. 10-24-03; DEQ 19-2003, f. & cert. ef. 12-12-03; DEQ 1-2004, f. & cert. ef. 4-14-04; DEQ 10-2004, f. & cert. ef. 12-15-04; DEQ 1-2005, f. & cert. ef. 1-4- 05; DEQ 2-2005, f. & cert. ef. 2-10-05; DEQ 4-2005, f. 5-13-05, cert. ef. 6-1-05; DEQ 7-2005, f. & cert. ef. 7-12-05; DEQ 9-2005, f. & cert. ef. 9-9-05; DEQ 2-2006, f. & cert. ef. 3-14-06; DEQ 4-2006, f. 3-29- 06, cert. ef. 3-31-06; DEQ 3-2007, f. & cert. ef. 4-12-07; DEQ 4-2007, f. & cert. ef. 6-28-07; DEQ 8- 2007, f. & cert. ef. 11"8-07; DEQ 5-2008, f. & cert. ef. 3-20-08; DEQ 11-2008, f. & cert. ef. 8-29-08; DEQ 12-2008, f. & cert. ef. 9-17-08; DEQ 14-2008, f. & cert. ef. 11-10-08; DEQ 15-2008,f. & cert. ef 12-31-08; DEQ 3-2009, f. & cert. ef. 6-30-09; DEQ 8-2009, f. & cert. ef. 12-16-09; DEQ 2-2010, f. & cert. ef. 3-5-10; DEQ 5-2010, f. & cert. ef. 5-21-10Attachment 3.1, page 15

DIVISION 262 HEAT SMART PROGRAMFOR RESIDENTIAL WOODSTOVES AND OTHER SOLID FUEL HEATING DEVICES

340-262-0400 Purpose and Applicability ofRules (1) The State ofOregonpromotes the use ofcleaner solid fuel burning devices to reduce smoke created from wood heating and other solid fuels. Smoke from wood burning can be a significant source ofairpollution and can have serious health consequences for people with asthma, respiratory orheart conditions or other illnesses. Children and the elderly are especial!y at risk. (2) This Division regulates the sale and use ofresidential and commercial solid fuel burning devices to implement Oregon's air quality regulations for public health and safety. (3) Subjectto the requirements in this Division and ORS 468A.l00 through 468A.180, the Lane Regional Air Protection Agency is designated by the Environmental Quality Commission as the agency responsible for implementing this Division within its area of jurisdiction. The Regional Agency must implement the requirements and procedures contained in this Division unless the Regional Agency adopts superseding rules at least as restrictive as this Division. [NOTE: This rule is included in the State ofOregon Clean Air Act Implementation Plan as adopted by the Enviromnental Quality Commission under OAR 340-200-0040.] Stat. Auth.: ORS 468 & ORS 468A Stats. Implemented: ORS 468A.460 to 468A.515, 468A.l00to 468A.l80 340-262-0450 Definitions The definitions in OAR 340-200-0020 and this rule apply to this Division. IfOAR 340-0200- 0020 and this rule define the same tenn, the definition in this rule applies to this Division. (1) "Antique woodstove" means a woodstove built before 1940 that has an ornate construction and a current market value substantially higher than a common woodstove manufactured during the same period. (2) "Central wood-fired furnace" means an indoor, wood-fired furnace that is thermostatically controlled, has a dedicated cold air inlet and dedicated hot air outlet, and is com1ected to heating ductwork for the entire residential structure.Attachment 3. 1, page 16


### (3) "CFR" means Code ofFederal Regulations. (4) "Consumer" means a person who buys a solid fuel burning device for personal use. (5) "Cookstove" means an indoor wood-burning appliance designed for the primarypurpose of cooking food. (6) "Dealer" means a personthat sells solid fuel burning devices to retailers or other dealers for resale. Forthe purpose ofthis Division, a dealer that is also an Oregon retailer shall be considered to be only a retailer. (7) "DEQ"means OregonDepartment ofEnviromnental Quality. (8) "Destroy" means to demolish or decommission to the extentthat restoration orreuse as a heating device is impossible. (9) "EPA" means United States Enviromnental Protection Agency. (10) "EQC"means Enviromnental Quality Commission (11) "Federal Regulations" means 40 CFR, Part 60, Subpart AAA as in effect on July 1, 2010. (12) "Fireplace" means a site-built or factory-built masonry fireplace that is designed to be used with an open combustion chamber andthat is without features to control air-to-fuel ratios. (13) "Hydronic heater" means a fuel-burning device which may be equipped with a heat storage unit, and which is designed to:

(a) Bumwood or other automatically fed fuels such as wood pellets, shelled com, and wood chips; (b) Beinstalled according to the manufacturer's specifications either indoors or outdoors; and (c) Heat building space and/or water viathe distribution, typically through pipes, ofa fluid heated inthe device, typically water or a water/antifreeze mixture. (14) "Manufacturer" means a person who designs a solid fuel burning device, constructs a solid fuel burning device orconstructs parts for solid fuel burning devices. (15) "Masonry heater" means a site-built or site-assembled, solid fueled heating device constructed ofstructural masonry mass used to store heat from intermittent fires burned rapidly in the structure's firebox and slow release the heat to the site. Such solid-fueled heating device must meet the design and construction specifications set forth in ASTM E 1602-03, "Guide for Construction ofSolid Fuel Burning Masonry Heaters." (16) "New solid fuel burning device" or "newdevice" means a solid fuel burning device defined under ORS 468A.485(4)(a) that has notbeen sold, bargained, exchanged, given away,Attachment 3. I, page 17 acquired secondhand, or otherwise had its ownership transferred from the person who first acquired it from a retailer. (17) "PM10" means particulate matter less than 10 microns. (18) "PM2.5" means particulate matter less than 2.5 microns. (19) "Pellet stove" means a heating device that uses wood pellets, or other biomass fuels designed for use inpellet stoves, as its primary source offuel. (20) "Phase 1emission level qualified model" is a model ofa hydronic heaterthat achieves an average emission level of0.60 lbs/million Btu heat input or less for all fuel types listed in the owner's manual and/or mentioned in marketing/sales materials, as acknowledged by EPA in writing to the manufacturer as part ofEPA's acceptance ofthe model as a qualified model. (21) "Phase 2 emission level qualified model" is a model ofa hydronic heater that achieves an average emissions level of0.32 lbs/million Btu heat output orless for all fuel types listed in the owner's manual and/or mentioned in marketing/sales materials, and that did not exceed 18.0 grams/hr offine particles in any individual test run that was used in the calculation of the average, as acknowledged by EPA in writing to the manufacturer as part ofEPA's acceptance ofthe model as a qualified model pursuantto the EPA Hydronic Heater Program Phase 2 Partnership Agreement. (22) "Residential structure" has the meaning given that term in ORS 701.005. (23) "Retailer" means a person engaged in the sale ofsolid fuel burning devices directly to consumers. (24) "Solid fuel burning device" or "device" means a woodstove or any other device thatburns wood, coal or othernongaseous ornon-liquid fuels for aesthetic, space-heating or waterheating purposes in or for a private residential structure or a commercial establishment and that has a heat output ofless than one million British thermal units per hour. Solid fuel burning device does not include: (a) Fireplace; (b) Antique stove; (c) Pellet stoves; (d) Masonry heaters; (e) Central, wood-fired furnaces; and (f) Saunas.Attachment 3.1, page 18

\ 

### (25) "Trashburner" means any equipment that is used to dispose ofwaste by burning and has not been issued an air quality permit under ORS 468A.040. (26) "Treated Wood" means wood ofany species thathas been chemically impregnated, painted or similarly modified to prevent weathering and deterioration. (27) "Used solid fuel burningdevice" or "used device" means a solid fuel burning device that has been sold, bargained, exchanged, given away, orotherwise has had its ownership transferred. [NOTE: 

### This rule is included in the State ofOregon CleanAirAct ImplementationPlan as adopted by the Environmental Quality Commission under OAR 340-200-0040.] Stat. Auth.: ORS 468 & 

### ORS 468A Stats. Implemented: ORS 468A.460 to 468A.515

340-262-0500 Certification ofSolid Fuel Burning Devices for Sale as New (1) 

### By order, the department may certify solid fuel burning devices that have been certified by the United States Environmental Protection Agency as meeting EPA emission performance standards and certification labeling standards pursuantto: (a) 40 CPR part 60, subpart AAA, as in effect on July 1, 2010; or (b) Any equivalent ormore stringent standard adopted by the United States Environmental ProtectionAgency subsequent to July 1, 2010. (2) By order, the department may certify solid fuel burning devices that have not been certified bythe United States Environmental Protection Agency, butthat were previously certified by the department as meeting emissionperformance standards and certification labeling standards on or after July 1, 1986 pursuantto ORS 468A.480. (3) By order, the department may certify any hydronic heaterthathas been accepted by EPA as a Phase 1or Phase 2 emission level qualified model pursuant to the EPA Hydronic Heater Program, andthat meets the requirements ofsubsections (a) and (b) below: (a) The hydronic heater must have a permanent "qualifYing label" attached that meets the requirements ofthe EPA Hydronic Heater Program Phase 2 Partnership Agreement or similar agreement for the EPA Phase 1program; and (b) The hydronic heater musthave beeninstalled by March 1, 2011, and the owner ofthe hydronic heater must confirm notice ofinstallation to the department, on a department provided form, by July 1, 2011.Attachment3.1, page 19

(4) By order, the department may certify solid fuel burning devices that have beentested using a test methodthat is equivalent to the test methods in 40 CFR part 60, subpartAAA as in effect onJuly I, 2010, if: (a) Testing is done by a methodthat has been determined to be equivalentby DEQ; and (b) The test results showthe solid fuel burning device emits no more than 7.5 g/hr. (5) The department shall maintain a list ofall devices certified pursuantto this rule. [NOTE: This rule is included in the State ofOregon CleanAirAct Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.] Stat. Auth.: ORS 468 & ORS 468A Stats. Implemented: ORS 468A.460 to 468A.515

340-262-0600 New and Used Solid Fuel Burning Devices Sold in Oregon (1) No person may advertise to sell, offerto sell or sell a newor used solid fuel burning device in Oregon unless: (a) The device has been certified for sale as newby DEQ pursuantto OAR 340-262-0500, or by EPApursuantto 40 CFRpart 60, subpart AAA; and The device is permanently labeled as certified, orin the case ofa hydronic heater is (b) permanently labeled as a Phase I or Phase 2 emission level qualified model, with a label authorized by DEQ or EPA.
(2) Exempt devices. The following are exempt from this rule: (a) Pellet stoves; (b) Antique woodstoves; (c) Cookstoves (d) Fireplaces; (e) Masoruy heaters; 

### (f) Central, wood-fired furnaces; andAttachment 3.1, page 20 

### (g) Saunas.
(3) Exempt consumer transactions. 

### Consumertransactions are exempt from this rule, ifthe consumer: (a) Sells a used solid fuel burning device to a person inthe business ofreusing, reclaiming or recycling scrap metal and theperson destroys the device; or (b) Remits a used device to a retailer for a price reduction on a new residential heating system. (4) Prohibited label alteration. 

### No person may alter DEQ orEPA authorized labels. [NOTE: 

### This rule is included in the State ofOregon Clean AirActImplementationPlan as adopted by the Enviroumental Quality Commission under OAR 340-200-0040.] Stat. Auth.: ORS 468 & ORS 468A 

### Stats. Implemented: ORS 468A.460 to 468A.515

340-262-0700 Removal and Destruction ofUsed Solid Fuel Burning Devices (1) 

### Unless exemptunder section (4), when a residential structure is sold in Oregon, all used solid fuel burning devices must be removed and destroyed ifthe devices were not certified for sale as newby DEQ orEPA and are notpermanently labeled as certified, orin the case ofa hydronic heater is permanently labeled as a Phase 1orPhase 2 emission level qualified model, with a label authorized by DEQ orEPA. (2) The removal and destruction ofa used solid fuel burning device is the responsibility ofthe seller ofthe residential structure, unless the seller and buyer agree in writing that it is the buyer's responsibility. Ifthe sellerretains responsibility, the seller shall remove and destroy the device priorto the closing date ofthe sale ofthe residential structure. Ifthe buyer accepts responsibility, the buyer shall remove and destroy the device within 30 days after the closing date ofthe sale ofthe residential structure. (3) The seller orbuyer, as determinedpursuantto sections (1) 

### and (2), must: (a) Remove all used solid fuel burning devices onthe real property sold withthe residential structure, including but not limited to devices in a residence, garage, workshop, outbuilding, or any other structure. (b) Destroy ail used solid fuel burning devices, pursuantto the definition of"destroy" in OAR 340-262-0450, by taking them to a facility orentity that will render the devices incapable ofbeingused as heating devices.Attachment 3.I,page 21

(c) Obtain a receipt from the place ofdestructionthat verifies the delivery ofall used solid fuel burning devices. The receipt must include:
(A) Date ofdelivery to place ofdestruction; (B) Name and address for the place ofdestruction; and (C) Description ofall used solid fuel burning devices delivered for destruction.
(d) NotifY DEQ ofthe removal and destruction ofall used solid fuel burning devices on DEQ issued paper or electronic forms. The fom1S will require the following information: (A) Name, current mailing address, and phone number ofthe person removing the stove; (B) Address and tax lot number ofthe residential structure being sold; (C) Closing date ofsale ofthe residential structure ifthe buyer is the responsible party, or the estimated closing date ofsale ifthe seller is the responsible party; (D) The receipt or receipt information obtained under subsection (3)(c); and (E) A signed statement certifYing that the information is accurate to the best ofthe certifying individual's knowledge. (4) Exemptions. The following are exempt from removal and destructionpursuantto this rule: (a) Fireplaces; (b) Cookstoves; (c) Antique woodstoves; (d) Pellet stoves; (e) Masonry heaters; (f) Central wood-fired fumaces; and (g) Saunas. Stat. Auth.: ORS 468 & ORS 468A Stats. Implemented: ORS 468A.460 to 468A.515Attachment 3. 1, page 22

340-262-0800 Wood Burning and Other Heating Devices Curtailment Program 

### (I) Applicability. (a) The wood burning and otherheating devices curtailment program applies to any portion ofthe state where required as an emission reduction strategy orcontingency plan for PMIO or PM 2.5 nonattainment ormaintenance areas as an element ofthe State of Oregon Clean Air Act Implementation Plan adopted under OAR 340-200-0040. (b) Ifa local government or regional authority has not adopted or is not adequately implementing a curtailmentprogram in any area ofthe state where such a program is required, the Department will operate and enforce a program to curtail solid fuel heating during periods ofair stagnation. (c) To determine whether a local government orregional authority has failed to adopt or adequately implement a curtailmentprogram, the Department shall considerwhether a local government orregional authority: (B) Has adopted an ordinance that requires the curtailment ofsolid fuel heating at forecasted airpollution levels which are consistent with the curtailment conditions and requirements specified in sections (3) and (4); (C)Is issuing ona daily basis, curtailment advisories to the public consistentwith section (5); and (D)Is conducting surveillance for compliance and is taking adequate enforcement actions consistent with sections (6) to (8). (2) Exempt from this rule. Curtailedheating underthis rule does not apply to: (a) Solid fuel burning devices or other solid fuel heating operated within a household classified to be less than or equal to 125 percent ofthe current federal poverty income guidelines accessiblethroughthe Oregon Centerfor Public Policy; (b) Solid fuel burning devices operated in a residence where the solid fuel burning device is the sole heating source; and (c) Pellet stoves, unless thepellet stove is located in a nonattainment area inthis state that does not attain compliance with standards for particulate matter established by the commissionpursuantto ORS 468A.025. (3) Air stagnation levels. DEQ orDEQ'srepresentative must use appropriate data and technology to establish the air stagnation levels usedto curtail burning in PMIO orPM 2.5 nonattainment areas. The program must designate a:Attachment 3.I,page 23 (a) Stage I advisory whenthe PM!0 or PM 2.5 standard is being approached; and (b) Stage IIadvisory when an exceedance ofthe PMlO or PM 2.5 standard is forecast as imminent. (4) Curtailed burning. Unless exempt under section (2), the wood burning curtailment program prohibits operation of: (a) All heating by means ofsolid fuel, including but not limited to solid fuel burning devices, fireplaces, masonry heaters, pellet stoves, trash burners and all devices described in ORS 468A.485(4)(b), that were notcertified for sale as newbyDEQ orEPA, during a designated Stage I advisory whenthe PM!0 or PM2.5 standard is being approached. (b) All heating by means ofsolid fuel, includingbut not limitedto solid fuel burning devices, fireplaces, masonry heaters, pellet stoves, trash burners and all devices described in ORS 468A.485(4)(b), whether ornot those devices were certified for sale as newby DEQ or EPA, during a designated Stage II advisory when an exceedanee ofthe PM!0 or PM2.5 standard is forecasted to be imminent.
(5) Daily air pollution advisories. DEQ or the DEQ representative (local or regional government) must disseminate daily airpollution advisories to the local communitythat must include any air stagnation levels under section (3) and curtailed burning under section ( 4) during the winter wood heating season. (6) Monitoring and enforcement. DEQ or the DEQ representative: (a) Mustmonitor compliance withthe woodburning curtailmentprogram during curtailed burning under section ( 4); and (b) May initiate enforcement action for smoke emitted through a flue or chimney during curtailed burning under section (4). Smoke emitted during curtailed burning raises a rebuttable presumption ofa violation subjectto OAR chapter 340, division 12. (7) Exempt from enforcement action. A person may respond to an enforcement action initiated under subsection (6)(b) by submitting a signed affidavit and documentation sufficient for DEQ to establish: (a) For a low income exemption under subsection (2)(a), a copy ofthe previous year tax returns with redacted Social SecurityNumbers. The tax return must reflect the total combined household income for the past year; or (b) For a sole-source heating exemption under subsection (2)(b), a signed affidavit attesting to the device's status as the sole heating source ofthe residence. The exemption is valid for the current woodheating season in which the person is claiming the exemption.Attachment 3.1, page 24 

### (8) Exempt status review. 

### DEQ or the DEQ representative must review documentation submitted under section (7) to determine the exempt status ofthe household or solid fuel burning device. DEQ shall notifY the person claiming exempt status ofthe: (a) Approval ofexempt status andthe dismissal ofthe enforcement actionunder section (6); or (b) Denial ofexempt status includingthe reason. (9) Suspension ofDepartment program. 

### DEQ shall suspend the operation and enforcement of (2) through (8) ofthis rule ifthe Department determines the local government orregional authority has adopted and is adequately implementing a wood burning and otherheating devices curtailment programthat is at least as stringent as the program outlined in this rule. [NOTE: 

### This rule is included in the State ofOregon Clean AirAct Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.] Stat. Auth.: ORS 468 & 

### ORS 468A Stats. Implemented: ORS 468A.460 to 468A.515

340-262-0900 Materials Prohibited from Burning 

### No personmay cause or allow any ofthe following materials to be burned in a solid fuel burning device, fireplace, a trashburner or any other device described in ORS 468A.485( 4)(b): (1) (a) Garbage; (b) Treated wood; (c) Plastic orplastic products; (d) Rubber orrubberproducts; (e) Animal carcasses; (f) 

### Products that contain asphalt; (g) Waste petroleum products; (b) 

### Paint; (i) Chemicals;Attachment 3.I, page 25 (j) 

### Products containing lead, mercury or other heavy or toxic metals; (k) Materials containing asbestos; and (I) 

### Particleboard. (2) Paper orpaperproducts, except for paperused to kindle a fire.

Stat. Auth.: ORS 468 & ORS 468A Stats. 

### Implemented: ORS 468A.460 

### to 468A.515Attachment 3.2, page I


### DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION 12 ENFORCEMENT PROCEDURE AND CIVIL PENALTIES 340-012-0054 Air Quality Classification ofViolations (1) Class I: (a) Constructing a new source or modifying an existing source without first obtaining a required New Source Review/Prevention ofSignificant Deterioration (NSR/PSD) pem1it; (b) Operating a major source, as defined in OAR 340-200-0020, without first obtaining the required pennit; (c) Exceeding a Plant Site Emission Limit (PSEL); (d) Failing to install control equipment ormeetperfom1ance standards as required byNew Source Performance Standards under OAR 340 division 238 orNational Emission Standards for Hazardous Air Pollutant Standards under OAR 340 division 244; (e) Exceeding a hazardous air pollutant emission limitation; (f) Failing to comply with an Emergency Action Plan; (g) Exceeding an opacity or emission limit (including a grain loading standard) orviolating an operational orprocess standard, that was established pursuant to New Source Review/Prevention ofSignificant Deterioration (NSR/PSD), orthe WesternBackstop S02Trading Program; (h) Exceeding an emission limit or violating an operational orprocess standard that was establishedto limit emissions to avoid classification as a major source, as defined in OAR 340-200-0020; (i) Exceeding an emission limit, including a grain loading standard, by a major source, as defined in OAR 340-200-0020, when the violation was detected during a reference method stack test; (j) Failing to performtesting or monitoring, required by a pennit, rule or order, that results in failure to show compliance with a Plant Site Emission Limit (PSEL) or with an emission limitation or a performance standard setpursuant to New Source Review/Prevention ofSignificant Deterioration (NSR/PSD), National Emission Standards for Hazardous Air Pollutants (NESHAP), New Source Performance StandardsAttachment 3.2, page 2
(NSPS), Reasonable Achievable Control Technology (RACT), Best Achievable Control Technology (BACT), Maximum Achievable Control Technology (MACT), Typically Achievable Control Technology (TACT), LowestAchievable Emissions Rates (LAER) or adopted pursuant to section 111(d) ofthe Federal Clean AirAct; (k) Causing emissions that are a hazard to public safety; (I) Violating a work practice requirement for asbestos abatementprojects; (m)Storing or accumulating friable asbestos material orasbestos-containing waste material; (n) Conducting an asbestos abatementproject, by a person not licensed as an asbestos abatement contractor; (o) Violating an OAR 340 division 248 disposal requirement for asbestos-containing waste material; (p) Failing to hire a licensed contractorto conduct an asbestos abatement project; (q) Openly burning materials which are prohibited from being open burned anywhere inthe state by OAR 340-264-0060(3), or bmning materials in a solid fuel burning device, fireplace, trashburner or other device as prohibited by OAR 340-262-0900(1). (r) Failing to install certified vaporrecovery equipment. (s) Delivering for sale a noncompliant vehicle by an automobile manufacturer in violation of Oregon LowEmission Vehicle rules set forth in OAR 340 division 257. (t) Exceeding an Oregon LowEmissionVehicle average emission limit set forth in OAR 340 division 257. (u) Failingto comply with Zero Emission Vehicle (ZEV) sales requirements set forth in OAR 340 division 257. (v) Failing to obtain a MotorVehicle Indirect Source Permit as required in OAR 340 division 257. (w)Selling, leasing, orrenting a noncompliant vehicle by al) automobile dealer or rental car agency in violation ofOregon LowEmission Vehicle rules set forth in OAR 340 division 257. (2) Class II: (a) Constructing or operating a source required to have an Air Contaminant Discharge Permit (ACDP) without first obtaining suchpermit, unless otherwise classified;Attachment 3.2, page 3
(b) Violating the terms or conditions ofa pennit or license, unless otherwise classified; (c) Modifying a somce in such a way as to require a permit modification from the department without first obtaining such approval from the department, unless otherwise classified; (d) Exceeding an opacity limit, unless otherwise classified; (e) Exceeding aVolatile Organic Compound (VOC) emission standard, operational requirement, control requirement orVOC content limitation established by OAR 340 division 232; (f) Failing to timely submit anACDP annual report; (g) Failing to timely submit a certification, report, or plan as required byrule or pennit, unless otherwise classified; (h) Failing to timely submit a permit application orpermit renewal application; (i) Failing to comply withthe open burning requirements for commercial, construction, demolition, orindustrial wastes inviolation ofOAR 340-264-0080 through 0180; (j) Failingto comply with openbmningrequirements in violation ofanyprovision ofOAR 340 division 264, unless otherwise classified; orbuming materials in a solid fuel burning device, fireplace, trash burner or other device as prohibited by OAR 340-262-0900(2). (k) Failing to replace, repair, or modify any worn or ineffective component or design element to ensure the vaportight integrity and efficiency ofa stage I or stage II vapor collection system; (I) Failing to provide notification ofan asbestos abatementproject; (m)Failing to perform a final air clearance test or submit an asbestos abatementproject air clearance report for an asbestos abatementproject; or (n) Violating on road motor vehicle refinishing rules contained in OAR 340-242-0620. (o) Failing to comply with an Oregon Low Emission Vehicle reporting, notification, or warranty requirement set forth in OAR division 257. (3) Class III: (a) Failing to perforn1 testing ormonitoring required by a pennit, rule or order where missing data can bereconstructed to show compliance with standards, emission limitations or underlying requirements;(f) Attachment 3.2, page 4 (b) Constructing or operating a source required to have a Basic Air Contaminant Discharge Permit without first obtainingthe permit; (c) ModifYing a source in such a way as to require construction approval from the department without first obtaining such approval from the department, unless otherwise classified; (d) Failing to provide propernotification ofan asbestos abatement project or failing to revise a notification when necessary, unless otherwise classified; (e) Submitting a late air clearance report that demonstrates compliance with the standards for an asbestos abatement project; or Failing to display a temporary label on a certified ·.voodstove; 

### fg)(f) Licensing a noncompliant vehicle by an automobile dealer or rental car agency in violation ofOregon Low Emission Vehicle rules set forth in OAR 340 division 257. [Publications: Publications referenced are available from the agency.] Stat. Auth.: ORS 468.020, 468A.025 & 468A.045 Stats. Implemented: ORS 468.020 & 468A.025 Hist.: DEQ 78, f. 9-6-74, ef. 9-25-74; DEQ 5-1980, f. & ef. 1-28-80; DEQ 22-1984, f. & ef. 11- 8-84; DEQ 22-1988, f. & cert. ef. 9-14-88; DEQ4-1989, f. & cert. ef. 3-14-89; DEQ 15-1990, f. & cert. ef. 3-30-90; DEQ 31-1990, f. & cert. ef. 8-15-90; DEQ 2-1992, f. & cert. ef. 1-30-92; DEQ 21-1992, f. & cert. ef. 8-11-92; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 20-1993(Temp), f. & cert. ef. 11-4-93; DEQ 4-1994, 

### f. & cert. ef. 3-14-94; DEQ 13-1994, f. & cert. ef. 5-19-94; DEQ 21-1994, f. & cert. ef. 10-14-94; DEQ 22-1996, f. & cert. ef. 10-22-96; DEQ 19-1998, f. & cert. ef. 10-12-98; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; Renumbered from 340-012-0050, DEQ 4-2005, f. 5-13-05, cert. ef. 6-1-05; DEQ 4-2006, f. 3-29-06, cert. ef. 3-31-06; DEQ 6- 2006, f. & cert. ef. 6-29-06 

### 340-012-0140 Determination ofBase Penalty (1) Except for Class III violations and for penalties assessed under OAR 340-012-0155, the base penalty (BP) is determined by applying the type, class and magnitude ofthe violationto the matrices set forth in this section. For Class III violations, no magnitude determination is required. (2) $8,000 Penalty Matrix: (a) The $8,000 penalty matrix applies to the following:Attachment 3 .2, page 5 (A) Any violation ofan air quality statute, rule, permit orrelated order committed by a personthat has or should have a Title V permit or anAir Contaminant Discharge Permit (ACDP) issued pursuantto New Source Review (NSR) regulations or Prevention ofSignificantDeterioration (PSD) regulations, or section 112(g) ofthe federal Clean Air Act. (B) Open burning violations as follows: (i)Any violation ofan open burning statute, rule, permit or related order committed by a permitted industrial facility. (ii) Any violation ofOAR 340-264-0060(3) in which 25 or more cubic yards of prohibited materials or more than 15 tires are burned, exceptwhen committed by a residential owner-occupant. (C) Any violation ofthe Oregon LowEmissionVehicle rules (OAR 340-257) by an automobile manufacturer. (D) Any violation of468B.025(1)(a) or (!)(b), or ofORS 468B.050(1)(a) by a person without an National Pollutant Discharge Elimination System (NPDES) permit. (E) Any violation ofa water quality statute, rule, permit or related order by: (i) A personthathas a NPDES permit, orthat has or should have a Water Pollution Control Facility (WPCF) permit, for a municipal or private utility sewage treatment facility with a permitted flow offive million ormore gallons per day. (ii) A person that has a major industrial source NPDES permit. (iii)A person thathas a population of 100,000 or more, as determined bythe most recent national census, and either has or should have a WPCF Municipal Stormwater Underground Injection Control (UIC) System Permit, orhas a NPDES Municipal Separated Storm Sewer Systems (MS4) Stormwater Discharge Permit. (iv)A personthat has or should have a WPCF permit for a major vegetable or fruit processing facility, for a major mining operation involving over 500,000 cubic yards per year, orfor any mining operationusing chemical leaching or froth flotation. (v) A person that installs or operates a prohibited Class I, II, III, IV or V UIC system, except for a cesspool. (F) Any violation ofan underground storage tanks statute, rule, permit orrelated order committed by the owner, operator orpermittee of 10or more UST facilities or aAttachment 3.2, page 6

person who is licensed or should be licensed by the department to performtank servrces. (G) Any violation ofa heating oil tank statute, rule, permit, license or related order committed by a person who is licensed or should be licensed bythe departmentto performheating oil tank services. (H) Any violation ofORS 468B.485, or related rules or orders regarding financial assurance for ships transporting hazardous materials or oil. (I) Any violation ofa used oil statute, rule, permit or related order committed by a person who is a used oil transporter, transfer facility, processor orre-refiner, offspecification used oil burneror used oil marketer. (J) Any violation ofa hazardous waste statute, rule, permit orrelated order by: (i) A personthat is a large quantity generator or hazardous waste transporter. (ii) A person that has or should have a treatment, storage or disposal facility permit. (K) Any violation ofan oil and hazardous material spill and release statute, rule, or related order. (L) Any violation ofa polychlorinated biphenyls (PCBs) management and disposal statute, rule, permit orrelated order. (M) Any violation ofORS Chapter 465, UST or enviromnental cleanup statute, rule, related order or related agreement. (N) Unless specifically listed under anotherpenalty matrix, any violation ofORS Chapter 459 or any violation ofa solid waste statute, rule, permit, orrelated order committed by: (i)A person that has or should have a solid waste disposal permit. (ii) A personwith a population of25,000 ormore, as determined by the most recent national census. (b) The base penalty values for the $8,000 penalty matrix are as follows: (A) Class I: (i) Major

-- $8000; (ii) Moderate

-- $4000;Attachment 3.2, page 7 

### (iii) Minor-- $2000. (B) Class II: (i) Major-- $4000; (ii) Moderate

-- $2000; (iii) Minor-- $1000. (C) 

### Class III: $750. (3) $6,000 Penalty Matrix: (a) The $6,000 penalty matrix applies to the following: (A) Any violation ofan air quality statute, rule, permit orrelated order committed by a personthat has or should have an ACDP permit, except for NSR, PSD and Basic ACDP permits. (B) Any violation ofan asbestos statute, rule, permit orrelated order except those violations listed in section (5) ofthis rule. (C) Any violation ofa vehicle inspectionprogram statute, rule, permit or related order committed by an auto repair facility. (D) Any violation ofthe Oregon Low EmissionVehicle rules (OAR 340-257) by an automobile dealer or an automobile rental agency. (E) Any violation ofa water quality statute, rule, permit or related order committed by: (i) A person that has a NPDES Permit, orthat has or should have a WPCF Permit, for a municipal orprivate utility sewage treatment facility with a permitted flow oftwo million ormore, but less than five million, gallons perday. (ii) A person that has a minor industrial source NPDES Permit, or has or should have a WPCF Permit, for an industrial source. (iii) A personthat has or should have applied for coverage under an NPDES or a WPCF General Permit, except an NPDES Stormwater Discharge 1200-C General Permit for a construction site ofone acre ormore, but less than five acres in size and except for anNPDES 700-PM General Permit for suction dredges. (iv) A person that has a population ofless than I00,000 butmore than I0,000, as determined by the most recent national census, and has or should have aAttachment 3.2, page 8



### WPCF Municipal StormwaterUIC System Permit or has an NPDES MS4 StormwaterDischarge Permit. (v) A personthat has or should have a WPCF permit for a mining operation involving from 100,000 up to 500,000 cubic yards otherthanthose operations using chemical leachate orfroth flotation. (vi) A personthat owns, and that has or shouldhave registered, a UIC system that disposes ofwastewater otherthan stormwater or sewage. (F) Any violation ofan UST statute, rule, permit orrelated order committed by a person who is the owner, operator orpermittee offive to nine UST facilities. (G) Unless specifically listed under another penalty matrix, any violation ofORS Chapter459 or other solid waste statute, rule, permit, orrelated order committed by: (i)A person that has or should have a waste tire permit; or (ii) A person with a population ofmore than 5,000 but less than or equal to 25,000, as determined by the most recent national census. (H) Any violation ofa hazardous waste management statute, rule, permit or related order committed by a personthat is a small quantity generator. (b) The base penalty values for the $6,000 penalty matrix are as follows: (A)Class I:

(i)Major

-- $6,000. (ii) Moderate-- $3,000. (iii) Minor-- $1,500. (B) Class II:

(i) Major-- $3,000. (ii) Moderate-- $1,500. (iii) Minor-- $750. (C) 

### Class III: $500. (4) $2,500 Penalty Matrix:Attachment 3.2, page 9 (a) The $2,500 penalty matrix applies to the following: (A) Any violation ofany statute, rule, permit, license, or order committed by a person not listed under another penalty matrix. (B) Any violation ofan air quality statute, rule, permit orrelated order committed by a person not listed under anotherpenalty matrix. (C) Any violation ofOAR 340-264-0060(3) in which 25 or more cubic yards of prohibited materials or more than 15 tires are burned by a residential owneroccupant. (D) Any violation ofa vehicle inspection program statute, rule, permit orrelated order committed by a natural person, except for those violations listed in section (5) ofthis rule. (E) Anyviolation ofa water quality statute, rule, permit, license or related order not listed under anotherpenalty matrix and committed by: (i) A personthathas anNPDES permit, or has or should have a WPCF permit, for a municipal orprivate utility wastewater treatment facility with a permitted flow of less thantwo million gallons per day. (ii) A person that has or should have applied for coverage under anNPDES Stormwater Discharge 1200-C General Permit for a construction site that is more than one, but less than five acres. (iii)A personthathas a population of]0,000 or less, as determined by the most recent national census, and either has an NPDES MS4 StormwaterDischarge Permit orhas or should have a WPCF Municipal Stormwater UIC System Permit. (iv)A person who is licensed to perform onsite sewage disposal services or who has performed sewage disposal services. (v) A person, except for a residential owner-occupant, that owns and either has or should have registered a UIC system that disposes ofstormwater or sewage. (vi)A person that has or should have a WPCF individual stormwater UIC system permit. (F) Any violation ofan onsite sewage disposal statute, rule, permit or related order, except for a violation committed by the residential owner-occupant. (G) Any violation ofan UST statute, rule, permit orrelated order ifthe person is the owner, operator or permittee oftwo to four UST facilities.Attachment 3.2, page 10

(H) Any violation, except a violation related to a spill or release, ofa used oil statute, rule, permit orrelated order committedby a person that is a used oil generator. (I) Unless listed under anotherpenalty matrix, any violation ofa hazardous waste management statute, rule, permit or related order committed by a personthat is a conditionally exempt generator ifthe violation does not impact the person's generator status. (J) Any violation ofORS Chapter 459 or other solid waste statute, rule, permit, or related order committed by a person with a population less than 5,000, as determined

. bythe most recent national census. (K) Any violation ofthe labeling requirements ofORS 459A.675 through 459A.685. (L) Any violation ofrigid pesticide container disposal requirements by a conditionally exempt generator ofhazardous waste. (b) The base penalty values for the $2,500 penalty matrix are as follows: (A) Class I: (i) Major

-- $2500; (ii) Moderate-- $1250; (iii) Minor-- $625. (B) Class II: (i) Major-- $1250; (ii) Moderate

-- $625; (iii) Minor

-- $300. (C) Class III: $200. (5) $1,000 Penalty Matrix: (a) The $1,000 penalty matrix applies to the following: (A) Any violation ofan openburning statute, rule, permit orrelated order committed by a residential owner-occupant at the residence, not listed under anotherpenalty matrix.Attachment 3.2, page II (B) Any violation ofvisible emissions standards by operation ofa vehicle. (C) Any violation ofan asbestos statute, mle, permit or related order committed by a residential owner-occupant. (D) Any violation ofan onsite sewage disposal statute, mle, permit or related order of OAR chapter 340, division44 committed by a residential owner-occupant. (E) Any violation ofan UST statute, rule, permit orrelated order committed by a person who is the owner, operator orpermittee ofone UST facility. (F) Any violation ofan HOT statute, mle, pennit or related order not listed under anotherpenalty matrix. (G) Any violation ofa dry cleaning facility statute, rule, permit or related order. (H) Any violation ofa statute, rule, permitororderrelating to rigid plastic containers, except for violation ofthe labeling requirements under OAR459A.675 through 459A.685. (I) Any violation ofa statute, rule or orderrelating to the opportunity to recycle. (J) Any violation ofOAR chapter 340, division 262 or other a-statute, mle, permit or order relating to solid fuel burning**devices~~.** except a violation related to the sale ofnewor used solid fuel burning deviceswoodstove.s or the removal and destruction ofused solid fuel burning devices. (K) Any violation ofan UIC system statute, mle, permit orrelated order by a residential owner-occupant, whenthe UIC disposes ofstonnwater or sewage. (L) Any violation by a person that has or should have applied for coverage under an NPDES 700-PM General Permit for Suction Dredges. (b) The base penalty values for the $1,000 penalty matrix are as follows: (A) Class I: (i) Major-- $1000; (ii) Moderate

-- $500; (iii) Minor-- $250. (B) Class II: (i)Major-- $500;Attachment 3.2, page 12

(ii) Moderate

-- $250; (iii) Minor-- $125. (C) Class III: $100. Stat. Auth.: ORS 468.020 & 468.090-468.140 Stats. Implemented: ORS 459.995, 459A655, 459A660, 459A.685 & 468.035 Hist.: DEQ 4-1989, f. & cert. ef. 3-14-89; DEQ 15-1990, f. & cert. ef. 3-30-90; DEQ 33-1990, f. & cert. ef. 8-15-90; DEQ 21-1992, f. & cert. ef. 8-11-92; DEQ 4-1994, f. & cert. ef. 3-14-94; DEQ 9-1996, f. & cert. ef. 7-10-96; DEQ 19-1998, f. & cert. ef. 10-12-98; DEQ 6-2001, f. 6-18- 01, cert. ef. 7-1-01; Renumbered from 340-012-0042, DEQ 4-2005, f. 5-13-05, cert. ef. 6-1-05; DEQ 4-2006, f. 3-29-06, cert. ef. 3-31-06; DEQ 6-2006, f. & cert. ef. 6-29-06340-200-0040 DIVISION 200 GENERAL AIR POLLUTION PROCEDURES AND DEFINITIONS



### State ofOregon Clean AirAct Implementation Plan Attachment 3.2, page 13

(1) (This implementation plan, consisting ofVolumes 2 aod 3 ofthe State ofOregon Air Quality Control Program, contains control strategies, rules aod standards prepared by the Department ofEnviromuental Quality aod is adopted as the state implementationplao (SIP) ofthe State ofOregonpursuaotto the federal Cleao Air Act, 42 U.S.C.A 7401 to 7671q. (2) Except as provided in section (3), revisions to the SIP will be made pursuantto the Commission's rulemaking procedures in division 11 ofthis chapterand any other requirements contained in the SIP aod will be submittedto the United States Enviromuental Protection Agency for approval. The State Implementation Plao was last modified by the Commission on**Apr~February** 18.20110. (3) Notwithstaoding aoy other requirement contained in the SIP, the Department may: (a) Submit to the Enviromuental Protection Agency anypermit condition implementing a rule that is part ofthe federally-approved SIP as a source-specific SIP revision afterthe Department has complied with the public hearings provisions of40 CFR 51.102 (July 1, 2002); aod (b) Approve the standards submitted by a regional authority ifthe regional authority adopts verbatim any standard thatthe Commission has adopted, and submit the standards to EPA for approval as a SIP revision. NOTE: Revisions to the State ofOregon Clean AirAct Implementation Plan become federally enforceable upon approval by the United States Environmental Protection Agency. Ifany provision ofthe federally approved Implementation Plan conflicts with any provision adopted by the Commission, the Department shall enforce the more stringent provision. Stat. Auth.: ORS 468.020 Stats. Implemented: ORS 468A.035 Hist.: DEQ 35, f. 2-3-72, ef. 2-15-72; DEQ 54, f. 6-21-73, ef. 7-1-73; DEQ 19-1979, f. & ef. 6-25-79; DEQ 21-1979, f. & ef. 7-2-79; DEQ 22-1980, f. & ef. 9-26-80; DEQ 11-1981, f. & ef. 3-26-81; DEQ 14-1982, f. & ef. 7-21-82; DEQ 21-1982, f. & ef. 10-27-82; DEQ 1-1983, f. & ef. 1-21-83; DEQ 6-1983, f. & ef. 4-18-83; DEQ 18-1984, f. & ef. 10-16-84; DEQ 25-1984, f. & ef. 11-27-84; DEQ 3-1985, f. & ef. 2-1-85; DEQ 12-1985, f. & ef. 9-30-85; DEQ 5- 1986, f. & ef. 2-21-86; DEQ 10-1986, f. & ef. 5-9-86; DEQ 20-1986, f. & ef. 11-7-86; DEQ 21-1986, f. & ef. 11-7-86; DEQ 4-1987, f. & ef. 3-2-87; DEQ 5-1987, f. & ef. 3-2-87; DEQ 8-1987, f. & ef. 4-23-87; DEQ 21-1987, f. & ef. 12-16-87; DEQ 31-1988, f. 12-20-88, ce1i. ef. 12-23-88; DEQ 2-1991, f. & cert. ef. 2-14-91; DEQ 19-1991, f. & cert. ef. 11-13-91; DEQ 20-1991, f. & cert. ef. 11-13-91; DEQ 21-1991, f. & cert. ef. 11-13-91; DEQ 22-1991, f. & cert. ef. 11-13-91; DEQ 23-1991, f. & cert. ef. 11-13-91; DEQ 24-1991, f. & cert. ef. 11-13-91; DEQ 25-1991, f. & cert. ef. 11-13-91; DEQ 1-1992, f. & cert. ef. 2-4-92; DEQ 3-1992, f. & cert. ef. 2-4-92; DEQ 7-1992, f. & cert. ef. 3-30-92; DEQ 19-1992, f. & cert. ef. 8-11- 92; DEQ 20-1992, f. & cert. ef. 8-11-92; DEQ 25-1992, f. 10-30-92, cert. ef. 11-1-92; DEQ 26-1992, f. &Attachment 3.2, page 14

cert. ef. 11-2-92; DEQ 27-1992, f. & cert. ef. 11-12-92; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 8-1993, f. & cert. ef. 5-11-93;.DEQ 12-1993, f. & cert. ef. 9-24-93; DEQ 15-1993, f. & cert. ef. 11-4-93; DEQ 16- 1993, f. & ce1t. ef. 11-4-93; DEQ 17-1993, f. & cert. ef. 11-4-93; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 1-1994,f. & cert. ef. 1-3-94; DEQ 5-1994, f. & cert. ef. 3-21-94; DEQ 14-1994,[. & cert. ef. 5-31- 94; DEQ 15-1994, f. 6-8-94, cert. ef. 7-1-94; DEQ 25-1994, f. & cert. ef. 11-2-94; DEQ 9-1995, f. & cert. ef. 5-1-95; DEQ 10-1995, f. & cert. ef. 5-1-95; DEQ 14-1995, f. & cert. ef. 5-25-95; DEQ 17-1995, f. & cert. ef. 7-12-95; DEQ 19-1995, f. & cert. ef. 9-1-95; DEQ 20-1995 (Temp), f. & cert. ef. 9-14-95; DEQ 8-1996(Temp), f. & cert. ef. 6-3-96; DEQ 15-1996, f. & cert. ef. 8-14-96; DEQ 19-1996, f. & cert. ef. 9- 24-96; DEQ 22-1996, f. & cert. ef. 10-22-96; DEQ 23-1996, f. & cert. ef. 11-4-96; DEQ 24-1996, f. & cert. ef. 11-26-96; DEQ 10-1998,[. & cert. ef. 6-22-98; DEQ 15-1998, f. & cert. ef. 9-23-98; DEQ 16- 1998, f. & cert. ef. 9-23-98; DEQ 17-1998, f. & cert. ef. 9-23-98; DEQ 20-1998, f. & cert. ef. 10-12-98; DEQ 21-1998, f. & cert. ef. 10-12-98; DEQ 1-1999, f. & cert. ef. 1-25-99; DEQ 5-1999, f. & cert. ef. 3- 25-99; DEQ 6-1999, f. & cert. ef. 5-21-99; DEQ 10-1999, f. & cert. ef. 7-1-99; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-0047; DEQ 15-1999, f. & cert. ef. 10-22-99; DEQ 2-2000, f. 2- 17-00, cert. ef. 6-1-01; DEQ 6-2000, f. & cert. ef. 5-22-00; DEQ 8-2000, f. & cert. ef. 6-6-00; DEQ 13- 2000, f. & cert. ef. 7-28-00; DEQ 16-2000, f. & cert. ef. 10-25-00; DEQ 17-2000, f. & cert. ef. 10-25-00; DEQ 20-2000 f. & cert. ef. 12-15-00; DEQ 21-2000, f. & cert. ef. 12-15-00; DEQ 2-2001, f. & cert. ef. 2- 5-01; DEQ4-2001, f. & cert. ef. 3-27-01; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 15-2001, f. & cert. ef. 12-26-01; DEQ 16-2001, f. & cert. ef. 12-26-01; DEQ 17-2001, f. & cert. ef. 12-28-01; DEQ 4- 2002, f. & cert. ef. 3-14-02; DEQ 5-2002, f. & cert. ef. 5-3-02; DEQ 11-2002, f. & cert. ef. 10-8-02; DEQ 5-2003, f. & cert. ef. 2-6-03; DEQ 14-2003, f. & cert. ef. 10-24-03; DEQ 19-2003, f. & cert. ef. 12-12-03; DEQ 1-2004, f. & cert

.. ef. 4-14-04; DEQ 10-2004, f. & cert. ef. 12-15-04; DEQ 1-2005, f. & cert. ef. 1-4- 05; DEQ 2-2005, f. & cert. ef. 2-10-05; DEQ 4-2005, f. 5-13-05, cert. ef. 6-1-05; DEQ 7-2005, f. & cert. ef 7-12-05; DEQ 9-2005, f. & cert. ef. 9-9-05; DEQ 2-2006, f. & cert. ef. 3-14-06; DEQ 4-2006, f. 3-29- 06, cert. ef. 3-31-06; DEQ 3-2007, f. & cert. ef. 4-12-07; DEQ4-2007, f. & cert. ef. 6-28-07; DEQ 8- 2007, f. & cert. ef. 11-8-07; DEQ 5-2008, f. & cert. ef. 3-20-08; DEQ 11-2008, f. & cert. ef. 8-29-08; DEQ 12-2008, f. & cert. ef. 9-17-08; DEQ 14-2008, f. & cert. ef 11-10-08; DEQ 15-2008, f. & cert. ef 12-31-08; DEQ 3-2009, f. & cert. ef. 6-30-09; DEQ 8-2009, f. & cert. ef 12-16-09; DEQ 2-2010, f. & cert. ef. 3-5-10; DEQ 5-2010, f. & cert. ef. 5-21-10Attachment 3.2, page 15

DIVISION 262 HEAT SMART l'ROGRAM FORRESIDENTIAL WOOOSTOVES AND OTHER SOLII) FUEL HEATING DEVICES WOODHEATINC

349--262 (J()l!}

:f..fle**p~o~rpose** ofthis Division is to establish rules to control, reduce and prevent airpollution caused by residential vroodheating-eE.l.issiBJ.J.& [NOTE: This rule is included in the State ofOregon Clean Air Act Implementation-Pian-as adopted by the Environmental Quality Commission under OAR 340 200 004Q;j Stat. Auth.: ORS 468 & ORS 468A Stats. Implemented: ORS-#8A.460 Hist.: DEQ 25 1991, f. & cert. ef. II 13 91; DEQ 4 1993, f. & cert. ef. 3 10 93; DEQ 14 1999, f. & cert. ef. 10 14 99, Renumbered from 340 034 0001 340 262 0920 Definitions The definitions in OAR 340 200 0020, 340 201 0010 and this rule apply to this-division. Ifthe same term isdefined in this rule-and-OAR 340 200 0020 or 340 204 0010, the definition in this rule applies to this divisiefr. (1) "Administrator" means the administrator ofthe Envir·eHnle£ta1-P-retection Agency or the administrateF&-a-uthorized representati'.'e" (2) "AHtique Woodstove-"-menf!S-{l woodstove built before 1940 that has an omatc constructiBH and a**cunent~ially** higher than a common woodstove mrumfactured in 

### the srune time period. (3) "Commission" means the Environmental**Qua~"** (4) "Consumer" means any pe!'SBH-Who buys a woodstove-fer-personal use. (5) "Cookstove" means an indoor woodburning appliru1ce the design**and~f** which is to cook foofr. (6) "Curtaihnent'-'-means a period during which woodburning is prohibited due to the existence of an air stagnatiet1**conditi~**Attachment 3.2, page 16



### f7r'-9eater" means any person-engaged in selling wood stoves-to retailers or**ot~** resale. A dealer which is also an Oregon retailer shall be-B-&naidored to be only a retailer for purposes ofthis Division. (8) "Destroy" means to**demolish-t&st~ch** an extent thatrestoration is impossible.**~epartmeat"** means the Oregoo-f)epartment ofEnvironmental Quality. (10) "Director" means the Director ofthe Department orthe Director's authorized delegates. (11) "EPA" means the United-States Environmental ProtectionAgencr. (12) "Federal Regulations" means Volume 4(1 CFR, Part**~bpart** f.Af., Seetiens 6(1.53(1 through 6(1.S39b, dated July I, 1993. (13) "Fireplace" means a framed openingmade in a chimney to hold an open fire. 

### (14) "Manufacturer" means any person who imports a woodstove, constructs a woodstove er parts for woodstoves. (15) "New Vloodstove'' means any v•oodstove that has not been sold, bargained, exchanged, given away or has nothad its ownership transferred from the personwho first acquired the woodstove from-the-manufacturer's dealer or agency, andhas not been so used to have become vvhat is commonly lcnown as "second hand" within the ordinary meaning ofthat tem1. (16) "Pe!letstove" means a woodbumingheating appliance whieh uses wood pellets as its primary source offuel. (17) "Retailer" means any person engaged in the sale ofwoodstoves directly to consumers. (1 8) "Used \Voodstove" means any woodstove thathas been sold bargained, elwhanged, given away, or has had its ownership transferred from a retailer, manufacturer's dealer or agent to a consumer. (19) "V/oodstove" or "Woodheater" means an enclosed, woodburning applianee capable ofand intended for spaee heating anadomestic water heating thatmeets all ofthe following eriteria: (a) An air to fuel ratio in the combustion chamber averaging less than 3 5 to 1as determined

### :ey the testprocedure preseribed in federal regulations, 4(1 CFR, Part 6(1, Subpart fJ

. .,'\, §60.534 performed at an aecredited laboratory; (b) A usable firebox volume ofless than 20 cubie feet; (c) A minimum bumrate less than 5 kg/hr as determinedby the test procedure prescribed-in federal regulations, 4(1 CFR, Part-(;(), Subpart AAA, §60.534 performed at an aecredited laboratory; andAttachment 3.2, page 17
(d) A maximumweight of800 kg. In determining the-weight ofan applianee-for these plifPOSe&; fiKtures aud devices that-are nonnally-soiJ.-separat-ely, such as flue pipe, chimney, heat di-stfll7Ution dueling, and masonry component-s-that are not an integral part ofthe appliaucc-ef heat distribution dueling, shall not be included. 

### f:'N()TE: This rule is included in the State ofOregon CleanAirAeE-J.mplementation Plan-as 

### adepted by the Environmental Quality CommissiofrU11der 0/,R 340 200 0040.] St-at. Auth.: ORS-468 & ORS 468A**Stats~468A.480** . Hist.: DEQ II 1984, f. & ef. 6 26 84; DEQ 5 1990, f. 3 7 90, cert. ef. 7 1 90; DEQ 25 1991, f. & cert. ef 11 13 9 ; 00; DEQ 4 1993, f. & eert. ef 3 10 93; GBQ 1 1994, f & cert. ef. l 3 94; DEQ 14 1999, f. & eert. ef. 10 14 99, Renumbered from 340 034 

### 0005

3 4 {I 

### 262-0030**~s** fer Sale ofWoodstaves (1) Requirements applicable to the sale ofnewwoodstoves; (a) No person shall advertise to sell, offerto sell, or sell-a-new**woodst~** wwdsteve-has-bcon-labeled for heating efficiency aud tested, certified and**labe~ilflioo** pe-rforman€c..in.conroaucewith criteria, emission staudaFC!&,and procedures specified

### in-the federal regulations, 

### 4{1 CFR, Part 

### 60, Subpart/,A-A; (b) No manuffieturer, dealer, retailer or individual shall alterthe permauent certification label-ID any way from the-fabel approved by the Administratorpursuaut to federal regulations, 

### 40 CFR, PaFt 60, 8ubpaFt AAA; (c)-Ne-manufeoturer, dealer c..frBm the label approved bythe Administratorpursuantto federal regulations, 

### 40 CFR, Part-G0,-8-ubpart ,A.f,A. (2) Reqttir«nents applicab!e-fcr..tho.-s-ef.used-woedstoves. A person shall not advertise to sell; offer to sell, or-sell a used woodstove unless: (a) The woodstBVe was certified by the Department-orthe Administrator on or after July I, 1986, in accordance with emissionperformance-and-heating efficiency criteria applicable atthe time of certification; (b) The WBodstove-has-pe-rnmHJannB'cnrutol;l;t-'**a1atltita3Xcl±lhteedd-aann-€eiflmxii&.sssiioOJnR"fleHl7rrruu!C0-+aloel--m~tho>Fi'~.d-ey-the** Department or the EPA.Attachment 3.2, page 18
(3) Section (2:}-efthis ruJ.e.ooneerning used woodstoves that have not been certified shaH-net apply to the following: (a) The selling by a consumer ofa used woodstove that has not been certified by the Department to a person inthe business ofreusing, reclaiming orrecycling scrap metal to be destroyed or used as scrap metal; (b) The remittance ofa used woodstove thathas notbeen-eertified by

### the-Department eonslnnerto a retailer for the purpose ofreceiving a reduction in**pr~tial** heating system. [NOTE: This rule is included in the State ofOregon Glean Air Act ImplementationPlan as adopted by the Environmental Quality Commission under OAR 34 0 200 004Q;f 

### &at ,A,uth.: ORS 468 & ORS 468f, Stats. Implemented: ORS 468A500 Hist.: DEQ 11 1984, f. & cf. 6 26 84; DEQ 5 1990, f. 3 7 90, cert. of. 7 1 .90; DEQ 25 1991, f. & cert. ef. 11 13 91;**R~numbero€1-from** 340 021 0105; DEQ 4 1993, f. & cert. ef. 3 10 93; DEQ 1 1994, L & cert. of. 1 3 94; DEQ 14 1999, f. & cert. of. 10 14 99, Renumbered from 340 034 

### 00-W 340 262 0040 Exemptiens (!) f, pclletstove is exempt from the foi!O\ving requiremencs: (a) OAR 340 262 0110 through 340 262 0130, woodstove certification, and 340 262 003-0,**~ents** applicable to the sale ofwoodstoves; (b) 0,\R 310 262 00-30(2), requirements applicable to the sale ofused woodstoves-; (e) OAR 310 262 0200 through 310 262 0250, woodbuming-eurtailment; and (d) OAR 340 262 0300 through 340 262 0330, woodstove requirements. (2) An enclosed woodheating appliance capable ofand intended for residential space heating or domestic water heating is elwmpt from OAR 310 262 0030, requirements applicable te the sale ofwoodstoves, and 310 262 0110 through 340 262 0130, woodsteve certification, provided the manufacturer holds a valid letter ofexemption from the Administrator which verifies that the appliance is not a '.voodstove or woodheater as defined in 340 262 00208-9:)-, (3) An antique stove is exemptfrom the requirements of: (a) OAR 340 262 0030(2), requirements applicable to the sale ofused woedsteves; andAttachment 3.2, page 19
(b) OAR 340 262 0300**th~Q--2.6:&-+J;J.W,** '>voods:ove requirenwru& the requirements ofOt,R chapter-340, division 262, mwept for 340 262 0200-thfwgh 340 262-0250, vmodburning curtailment. (5) A woodburning-fueplaBe,Woodstove or appliaH€€-eperatoed-w+thin-a household classified-te be-aHcss than or equal to 125 percent ofthe-federal poverty level is exempt from the requirement ofOAR 340 262 0200-threugh 340-262 0250, woodburning Glfftailment. The federal poverty level is published-in the Federal Register, Valume 56, Number 34, February**:;w.,I-9-9~age-6859,** Department ofHealt!Htn4-HB.man Services, (6) A woodstove operated in a residence that is equipped solelywith '.voodheat is exempt from the requirements ofOAR 340 262 0200 through 340 262 0250, woodburning**curtail~** [NOTE: This**rule~cluded** in the 8:ate ofOregon Cleon Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR

### 340 200 0040.] S:at. Auth.: OR8 468 &."-GR8 468!, 8tats. Inaplemented: ORS 468A.180 I-Iist.: DEQ 11 1984, 

### f.-.&.-ef. 6 26 84; DEQ 5 1990, f. 3 7 90, 

### cet'bef 7 1 90; DEQ 25 199+,+. & cert. of. 11 13 91; Renumbered from 340 021 0110; DEQ 4 1993, 

### f. & cert. 

### ef. 3 10-93-;-DEQ 

### 1 1994, 

### f. & cert. 

### of. 1 3 94; DEQ 

### 14 1999, f. & cert. ef. 10 14 99, Renumberedfrom 34 0 034 OOB

Civil Penalties :v:tolations ofOAR Chapter 340, Division262 are suloject to 0/,R Chapter 340,-Dtvision 12, Enforcement Procedures and Civil Penaltieg., [NOTE: This rule is included-in-:tJw.State ofOregon CleanAir Act Implementation P-lan-as

· · "'emmission undeJ'-OAR 340 200 0040.] Stat. Auth.: ORS 468 & ORS 468!, Stats. Inaplemented: OR8 468/\.480 Hist.: DEQ 25 1991, f. & cert. 

### of 11 13 91; DEQ 4**1~3-+0-93;** DEQ !4 1999, f....&-.e<lrt-ef. 10 14 99, Renumbered-from340 031 0020 Waadsteve Certifieation Program 349 262 9199 Apfllieability (1) OAR**340~-0-1.()0** through 340 262 0130 shall apply-to-any-woodstove or woodheater.Attachment 3 .2, page 20 

### (2) The following**weedheatin~-suej**

### ect to Oi\R 310 262 0100 through 3

### 40**~** (a) 

### Open masonry fireplaces; (b) Boilers; (c) Furnaces; and (d) Cookstoves. [NOTE: This rule is included in the State ofOregon Clean

### Air ,\ctImplementation Plan as adopted by the Environmental Quality Cemntisfrion under OAR3

### 40 200 0040.] Stat. Anth.: ORS 468 & 

### ORS 468A Stats. Implemented: ORS 468A.480 Hist.: DEQ 4 1993, f & 

### cert. ef. 3 10 93; DEQ 1 1994, f. & 

### cert. ef. I 3 94; DEQ 14 1999, f. & 

### cert. ef. 10 14 99, Rennmbered from 340 031 0015 34{1 

### 262 0110 Emissiens Perfurmanee Standards and Certifieatien (1) 

### Unless exempted by the Department under OAR 310 262 0010, new ·.voodstoves advertised for sale, offered for sale or sold in OregonbetweenJuly I, 1990 and June 30, 1992 shall be oort#'l€dby the /,dministratorpursuantto federal regulation as complying with the particulate matter emission limits specified in the federal regulations, 

### 40 CFR, Part 60, Subpart AAA, §60.532(a).**~less** 

### exempted by the Departmentunder OAR 340 262 0040, new ·.voodstoves advertise-d for sale, offered for sale, or sold in Oregon on or afterJuly 1, 1992 shall be certified by the ,\dministratorpur-suant to federal regulation as complying vrith the particulate-matter emission limits specified in the federal regulations, 

### 40 CFR, Part 40, SubpartAAf., §60.532(b). [NOTE: This rule is ineluded in the State ofOregon Clean ,\irAct Implementation Plan as adopted bythe Environmental Quality Commission under OAR 340 200 0010.] Stat. Auth.: ORS 468 & 

### ORS 168A Stats. Implemented: ORS 468/..480 Hist.: DEQ 11 1984, f. & 

### ef. 6 26 84; DEQ 5 1990, f. 3 7 90, cert. ef: 7 1 90; DEQ 25 1991, f. &-Bert. ef. 11 13 91; Renumbered from 340 021 

### OJ 15; DEQ 4 1993, 

### f. & 

### cart. ef. 3 10 93; DEQ 1 1994, f. & 

### cert. ef. 1 3 94; DEQ 14 1999, f. & 

### cert. ef. 10 11 99, Renumbered from310 034 

### 00-W 340 262 0120Attachment 3.2, page 21

General Certifieatien Proeedures AE.y newwoodstove-seki-ffi**OregoH-shal~** be iH full CO!l'lj714artce with**~H** ernissi-DfliJ0f·fonnMee-starulflr-ds-at!d rated heating eftffiency**requireme~reF** holds a valid Certificate of**Complianc<:Hss~rator,** pursuantto federal regulations, 40 CF-R, Part 60, Subpartf.AA.**Su'ch-a-stove-shall--be--oons~gotl-€fft-ifTBd** withooHmy further actioH by the Department. [NOTE: This rule is**iHcluded~regon** CleM Air Act Implementation P-!an--M adopted bythe Environmental Quality Commission under OAR 340 200 0040.] Stat. f,nth.: ORS 168 & ORS 168A Stats.**Impleme£te£k--Ql~** H-ist.: DEQ 11 1984, f. & ef. 6 2-6-84; DEQ 5 1990, f 3 7 90, cert. ef. 7 1 90; DEQ 25 1991, f. & cert. of. 11 13 91; Renumbered from 340 021 0125; DEQ 

### 4 1993, f. & ce1i. ef. 3 10 93; DEQ 

### 1 1994, 

### f. & cert. of. 

### 1 3 94; DEQ 

### 14 1999, f. & ce1i. ef. 10 14 99, Renumbered from 340 034 

### 0060 340 262 OlW -babeling Requirements Newwoodstoves sold in Oregon shall have affillod to them: (1) A pennaHent**l~ce** with federal regulatioHs, 40 CFR, Part 60, SubpartA,A.f.,**§60~** (2) ,A, point of**sa~--wr-danoe-with-feder-al-regulations,** 40 CFR, Part 60, SubpartAAA, §60.S36. [NOTE: This rule is included in**the~lean** Air Act Implementation PlaH as adopted bythe Environmental Quality Commission under-GAR 340 200 0040.] Stat. Anth.: ORS 468 & ORS 468/, Stats.**Implemente~G H~EQ**  

### 11 1984, f. & ef. 6 26 84; DEQ 5 1990, 

### f. 3 

### 7 90, cert. ef. 

### 7 1 90; DEQ 25 1991, 

### C & eeti. ef. 

### 11 13 91; Renumbered from 340 021-G+B-;--DEQ 

### 4 1993, f. & eert. ef. 

### 3 10-93-;--DI:"-Q**+-1-9-9~f.** 1 

### 3 94; DEQ 

### 11 1999, f. & eert. ef. 10 

### 14**9~~** 007G Waedburniag Curtailment 340 262 0200 ApplieabilityAttachment 3 .2, page22

G-AR 340 262 0200 tlwough 340 262 0250-sh.all apply to any pmtion ofthe state: fi+Where-the-f)epaflfent-+ws-determined that, undeF-the-Fef!Uirements ofthe CleanAirAet, an enforceable woodburning curtailmentprogram is required as an emission reduetien control strategy for a PM+O nonattaimnent-area m1d the Department-has determined thatthe local government or regional authority has failed to adopt or adequately implement the required woodburning curtailment progrmn. In determining-whether a local govemment or regional authority has failed to adequately adopt-eF-imp!ernent-a-eurtailment program, the Department shall determine ifa local government or regional authority: (a) Has adopted an ordinance that requires the curtailment ofresidential woodheating at forecasted airpollution levels which are consistent v,cith the curtailment conditietls-ood requirements specified in Oi\R 34 0 262 0210(1) and 340 262 0220(I) m1d (2); (b) Is issuing on a daily basis curtailment advisories to the public consistent with OAR 340 262 D-230; and (c) Is conducting surveillm1ce for compliance and is taking adequate enforcement aetions consistent ·.vith OAR 340 262 0240. f,&)-¥/here the Departmenthas determined that, under the requirements ofthe Clean AirAet, an enforceable woodburning curtailment progrmn is required as an emission abatement strategy-te respond to an air pollution emergency. [NOTE: This-rule is ineluded in the State ofOregon CleMAirAct Implementation Plan as adopted by the Environmental Quality Commission under OAR 340 200 

## 004\1.1
Stat. Auth.: ORS 468 & ORS 168A Stats. Implemented: ORS 468A.515 Hist.: DEQ 25 1991, f. & cert. ef. 11 13 91; DEQ 1 1993, f. & cert. ef. 3 10 93; DEQ 10 1995, f. & cert. ef. 5 1 95; DEQ 14 1999, 

### f. & cert. ef. 10 14 99, Renumbered from 340 034 0150 

### 340 262 0210 Determinatien afAir Stagnatien Cenditians The Department shall utilize appropriate data m1d technology to develop methodology criteria for a-eurtailment program that: (1) For use as an emission reduetion control strategy or contingency plan for PM+o nonattainment area57 (aJ-Calls a Stage I advisory whenthe Pl\h!l standm·d is being approached; and 

## fb-) Calls a Stage II advisory,when an exceedance ofthe-PMw·stm1dard is forecasted to be imminent.Attachment 3 .2, page 23
(2) For use as an emissiol'J.-aba.tem.ent strategy in-orEkr-to-reSj'JoRE!-t&-an air pollution**emergency~** (a) Calls an Alert when Pt>'L-0 alert levels have beenreached and are forecasted-t'&€0Rt-intted;and (b) Calls a Warning v#ten Pl»'4o-waFJffil.g-levels have**been-r-e~sted** to continuet tej-Aiert-and-Warning leve1s-ore-s-peBified in 0/,RChSj'Jter 340, Division 206. (NOTE: This rule is included inthe S:ate ofOregon Clean Air ,\ctImplementation-Plan-us adopted by the Bnvirenmental-Qooli-ty-Cei'llffiission under 0/,R 340 200 0040.] Stat. ,\nth.: ORS 468 & ORS 468A 8tats. Implementeffi..ORS 468A.515 Hist.: 

### DBQ 25 1991, f. & cert. ef. 11 13 91; 

### DBQ 1 1993, f. &**c~;** 

### DBQ 11 1999, f.'& cmi. ef. 10 14 99, .Renumbered from 340 034**~** 340 262 0220 

### Frohifflti.en an Waadburning During Periods ofAir Stagnation (I) During any designated Stage I advisory, the operation ofany uncertified woodstove, fireplace, or woodburning appliance shall be prehibited-ur!kss eJtempted underthe provisions-ef 0/,R 3

### 40 262 O\J4.\h (2) During any designated Stage II advisory, the operation ofany woodstove, fireplace, or woodburning applianoe shall be prohibited unless eJremp>toEH±!JX!€>F-tl'l.e-jrffil""*Hffil£-{fr(M±?-'Mtl262 0040. (3) During any designated PM±o /.!crt, the operation ofany uncertified woodstove, fireplace, or woodbul'l1ing-appliance shall be prohibited unless eKemp:ed under the provisions ofOAR 340 

### 2-62--004-G-o (4) During any designated-P-MJ-0 Warning, the operation ofany woodstove, fireplace, or woodbuming appliane-o-shall be prohibited unless**exempted-undel'-the-provtsi~** 262 0040.**f\'1!()~-T-his** rule is included inthe Stat-e-ofOregon Clean Air Ace Implementation-P-1-an-as adopted by the Environmental Quality Commission under 0,\R 3

### 40 200 004-Q;} Stat. Auth.: ORS 468 & ORS 468A Stats. Implemented: ORS 468A.515 Hist.: DEQ 25 1991, f. &**c~.** 11 13 91; 

### DBQ 4 1993, f. & cert. ef. 3 10 93; 

### DBQ 11 1999, f. & cert-.-ef-1-0-+4-99,-Renurabored from 340 034 0160 340 262 0230Attachment 3.2, page 24

+heDepartment or its desigflated representative shall implement a public information program to disseminate the daily air pollution advisory to the local community. The public information program shall include batmay notbe limited to the utilization ofapplicable local media inclading television, radio, andne'.vspapers. [NOTE: +his rule is included in the State ofOregon Clean AirAct ImplementationPlan as adopted by the Environmental Quality Commisffion under OAR 340 200 0040.j Stah-Auth.: ORS 468 & ORS 468A Slats. Implemented: ORS 468A.025**~DBQ** 25 1991, f. & cert. ef. 11 13 91; DBQ 4 1993, f. & ccrt. ef. 3 10 93; DBQ 14 1999, f. & cert. ef. 10 14 99, Renurabered from340 034 0165 340 262 0240 Enforcement 

## 8-) +he Department or i:s designated representative shall monitorthe level ofcompliance ',vith curtailment requirements during designatedperiods ofair stagnation. (2) A rebuttablepresump:ion ofa violation shall arise ifsmoke is being emitted through a flue-or chimney during a curtailmentperiod unless the household from which-smoke is being emitted bns provided the Department or designated representative with information indicating that the household or its woodbuming appliance is exempt from curtailment requirements in accordance 'lvith OAR 340 262 004Ch (3) Any person claiming-an-e-:>temption to OAR 340 262 0200 through 340 262 0250 in accordance with OAR 340 262 0040 inresponse to a Notice ofNoncompliance sbnll provide the Department with documentation which establishes eligibility for the exemption. +he Department shall review the documentation and make a determination regarding the exemption status ofthe household, orwoodheating appliance. The following documentation sbnll be submitted to the Department for review in orderto establish exemption status under the criteria of

### Ol,R 34 0 262 004().; (a) Forhouseholds desiring low income-e)[emption status a copy ofthe previous year tffiHC-!tlffiEr. +he tax return should reflect the :otal combined household income for the past year; (b) A signed afftdavit attesting to the sole source status ofa home (see note); (c) A signed affidavit attesting to the certification status ofthe home heating appliance (see 

# notet. [NOTE: This rule is included in the State ofOregon Clean Air Act Implementation-Pian-as adopted by the Environmental Quality Commission under O,A,R 340 200 0040.]**&a~-S-468** & ORS 468A &at&.--hnplemented: ORS 1681\.025 Attachment 3.2, page 25

Hist.: DEQ 25 1991, f & cer+.-ef. 11 13 9-l-j--GEQ 4 1993, 

### f. & cert. ef. 3 10 93; DEQ 14 1999, f.-.&-€ei4.-ef..-+0-1.4 99,**R~ered** from 340 034 0170 340 262 0250 Suspensian afDepartment PFagram (1) The Department shall suspend the-eperation and-enfBfOOR1ent ofOAR 340 262 0200 through 340 262 0240 in any areaupon dctermination-13y-the Departmentthat the local government or regional air quality authority has adopted and is adeq-uate-ly-implementing a woodburning curtailmentprogram that is at least as stringent as the progran1-Bllt-lined in OAR 340 262 0200 through 310 262 0240. (2) In making a detem1ination con€Cfl1ingthe adequacy ofa local or regional woodburffing curtailment program, the Department shall consider vchether or not the local government or 

### regiel1al authority: (a) Has adopted an ordinance that re-quire-s-the-curtailment ofresidential woodheating at forecasted airpollution levels which are consistentwith cnrtailment conditions specified in OAR 340 262 0210; (b) Is issuing curtailment advisories-l-e-the public on a daily basis; (c) Is conducting surveillance for compliance and-±s-taking adequate enforcement actions; (d) Any other information the Department d<rtermines is necessary to determine the adequaey-ef th&eurtailmcntprogram. [NOTE: This rule is include-B-in-the State ofOregon Clean i\irAct Implementation Plan as adopted by the Environmental Quality-Commission under OAR 340 200 0040.] Stat. Auth.:**0~** Stats. Implemented: ORS 1681\.515 Hist.: DEQ 25 1991, 

### f. & cert. ef. 11 13 9-l-j--GEQ 4 1993, f. & cert. e[ 3 10 93; DEQ 14 1999, 

### f-.& cert. ef. 10 11 99, Rennmbered from 340 034 017.§:
VVooEistove Reme-val Centingeney-P-r-ogram**~300** though 340 262-0330 shall apply to any area classified as a nonattainment ar-ea-f-or-PMHJ that does not achiev-e-at!ainmeflt-.lry-t-he applicable Clean Air Act deadline,Attachment 3.2, page26
{-NQTE: This rule is included in the State ofOregon Clean-Air Act Implementation Plan as adopted bythe Environmental Quality Commission under OAR 340 200 0040.] Stat. Auth.: OR&468 & ORS 468A Stats. Implemented: ORS 168A.480 Hist.: DEQ 25 1991, f. & cert. ef. 11 13 91; DEQ 4 1993, f. & cert. ef. 3 10 93; DEQ 10 1995, f. & cert. ef 5 1 95; DEQ 11 1999J & cert. ef. 10 14 99, Renumbered from 340 034 0200 

### 340 262 0310 Removal aad Destraetiea efUaeeFtified SteveUpe-a-Sale efHeme Except as provided fur by OAR 340 262 0040, any uncertified woodstove shall be removed and destroyed bythe seller upon the sale ofa home. [NOTE: This rule is ineluded in the**Stat~ean** Air ,\ct Implementation Plan as adopted bythe Environmental Quality Commissionnnder OAR 340 200 0010.] Stat. Auth.: ORS 468 & ORS 468A Sta:s. Implemen:ed: ORS 468A.480 Hist.: DEQ 25 1991, f. & cert. cf. 11 13 91; DEQ 4 1993, f. & cert. ef. 3 10 93; DEQ 14 1999, f. & cert. cf. 1 0 11 99, Renumbered from 34 0 034 0205

. 

### MO 262 0320 Heme Seller's Respoasibility to Verify Stove Destruction Any person selling a home vffiich contains anuncertified woodstove shall provide to the Department-erthe Department's designated representativepriorto the sale ofthe home, a copy of a receipt from a scrap metal dealer verifying that the stove has been destroyed. [NOTE: This rule is included inthe State ofOregon Cloon-Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340 200 0040.] Stat. Auth.: ORS 468 & ORS46M &at&.-Implementeffi...ORS 168A.480**H~EQ** 25 1991, f. & cert. ef. 11 13 91; DEQ 4 1993, f & cert. ef. 3 10 93; DEQ 10 1995, f. & cert. ef. S 1 95; DEQ 11 1999, f. & cert. ef. 10 14 99, Renumbered from 340 031 0210 

### 340 262 0330 Home Seller's Respansibility ta Diselese Any-person selling a home in which an uncertified woodstove is present shall discleseto any petential buyer, buyer's agent or buyer's representative thatthe woodstove is uncertified, and must-be-removed and destroyed upon sale ofthe home.Attachment 3.2, page 27 {-NOTE: This rule is included in the State ofOregon-Glean Air f,ct Implomcntation-12-lan-a<;**~y** the Environmental Quality Commissionunder**O~J**



### His-!.: DEQ 25 1991, f. & cert. ef. 11 13 91; DEQ 4**~.f.** & ccrt-of. 3 10**~** f. & cert. ef. 10 14 99, Renumbered fr&m-340-934 0215

340-262-0400 J>urpose and Applicability ofRules (!) The State ofOregon promotes the use ofcleaner solid fuel burning devices to reduce smoke created from wood heating and other solid fuels. Smoke from wood burning can be a significant source ofair pollution and can have serious health consequences for people with asthma, respiratory orhemt conditions or other illnesses. Children and the elderly are especially at risk. _(2) This Divisionregulates the sale and use ofresidential and conm1ercial solid fuel burning devices to implement Oregon's air quality regulations for public health and safety. (3) Subject to the requirements in this Division and ORS 468A.l00 through 468A.l80, the Lane Regional Air Protection Agency is designated by the Environmental Quality Commission as the agency responsible for implementing this Division within its area ofjurisdiction. The Regional Agency must implementthe requirements and procedures contained in this Division unless the Regional Agency adopts superseding rules at least as restrictive as this Division. !NOTE: This rule is included in the State ofOregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.] Stat. Auth.: ORS 468 & ORS 468A Stats. Implemented: ORS 468A.460 to 468A.515, 468A.l00 to 468A.J80 340-262-0450 Definitions The definitions in OAR 340-200-0020 and this rule ap_ply to this Division. IfOAR 340-0200- 0020 andthis rule define the same term, the definition in this rule applies to this Division. (I) "Antique woodstove" means a woodstove built before 1940 that has an ornate construction and a current market value substantially higher than a common woodstove manufactured dnring the same period.Attachment 3 .2, page 28

(2) 

### "Central wood-fired furnace" means an indoor, wood-fired furnace that is thermostatically controlled, has a dedicated cold air inlet and dedicated hot air outlet, and is connected to heating ductwork for the entire residential structure. (3) "CFR"means Code ofFederal Regulations. ( 4) "Consumer" means a person who buys a solid fuel buming device for personal use. (5) "Cookstove" means an indoor wood-buming appliance designed for the primary purpose of cooking food. (6) "Dealer" means a person that sells solid fuel buming devices to retailers or other dealers for resale. Forthe purpose ofthis Division, a dealer that is also an Oregon retailer shall be considered to be only a retailer. (7) "DEQ"means Oregon Department ofEnvironmental Quality. (8) "Destroy" means to demolish or decommission to the extentthat restoration orreuse as a heating device is impossible. (9) "EPA" means United States Environmental ProtectionAgency. (1

### 0) "EQC" means Environmental Quality Commission (11) "Federal Regulations" means 40 CFR. Part 60, Subpart AAA as in effect on July 1, 2010. (12) "Fireplace" means a site-built or factory-built masonry fireplace that is designed to be used with an open combustion chamber and that is without features to control air-to-fuel ratios. (13) "Hydronic heater" means a fuel-burning device whichmay be eguiP.Ped with a heat storage unit, and which is designed to:

(a) Bum wood or other automatically fed fuels such as wood pellets. shelled com, and wood chips: (b) Be installed according to the manufacturer's specifications either indoors or outdoors; and (c) Heatbuilding space and/or water viathe distribution. typically through pipes, ofa fluid heated in the device, typically water or a water/antifreeze mixture. (14) "Manufacturer" means a person who designs a solid fuel burning device, constructs a solid fuel buming device or constructs parts for solid fuel bmning devices. (15) "Masonry heater" means a site-built or site-assembled, solid fueled heating device constructed ofstructural masonry mass used to store heat from intermittent fires burned rapidly in the structure's firebox and slow release the heat to the site. Such solid-fueled·Attachment 3.2, page 29 

### heating device must meetthe design and construction specifications set forth in ASTM E 1602-03, "Guide for Construction ofSolid Fuel Burning Masonry Heaters." (16) "New solid fuel buming device" or "newdevice" means a solid fuel burning device detined under ORS 468A.485(4)(a) that has not been sold, bargained, exchanged, given away, acquired secondhand, or otherwise had its ownership transferred from the person who first acquired it from a retailer. (17) "PMIO" means particulate matter less thanlO microns. (18) "PM2.5" means particulate matter less than 2.5 microns. (19) "Pellet stove" means a heating device that uses wood pellets, or other biomass fuels designed for use in pellet stoves, as its primary source offuel. (20) "Phase I emission level qualified model" is a model ofa hydronic heaterthat achieves an average emission level of0.60 lbs/million Btu heat input or less for all fuel types listed in the owner's manual and/or mentioned in marketing/sales materials, as acknowledged by EPA in writing to the manufacturer as patt ofEPA's acceptance ofthe model as a qualitied model. @"Phase2 emission level qualified model" is a model ofa hydronic heater that achieves an average emissions level of0.32 lbs/million Btu heat output or less for all fuel types listed in the owner's manual and/or mentioned in marketing/sales materials, and that did not exceed 18.0 grams/hr offine particles in any individual test mnthat was used in the calculation of the average, as acknowledged by EPA in writing to the manufacturer as part ofEPA's acceptance ofthe model as a qualified model pursuant to the EPA Hydronic Heater Program Phase 2 Partnership Agreement. (22) "Residential structure" has the meaning given that tenn in ORS 701.005. (23) "Retailer" means a person engaged in the sale ofsolid fuel burning devices directly to consumers. (24) "Solid fuel buming device" or "device" means a woodstove or any other device that burns wood, coal or other nongaseous or non-liquid fuels for aesthetic, space-heating or waterheating purposes in or for a private residential structure or a commercial establishment and that has a heat output ofless than one million British thermal units per hour. Solid fuel burning device does not include: .(ill_**Fireplac~** (Q) 

### Antique stove; (c) Pellet stoves;Attachment 3.2, page 30 

### (d) Masonry heaters; (e) Central, wood-fired furnaces; and (f) 

### Saunas. (25) "Trashburner" means any equipment that is used to dispose ofwaste by burning and has not been issued an air quality permit under ORS 468A.040. (26) "Treated Wood" means wood ofany species that has been chemically impregnated, painted or similarly modified to prevent weathering and deterioration. (27) "Used solid fuel burning device" or "used device" means a solid fuel burning device thathas been sold, bargained, exchanged, given away, or otherwise has had its ownership transferred. [NOTE: 

### This rule is included in the State ofOregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.] Stat. Auth.: ORS 468 & 

### ORS 468A Stats. Implemented: ORS 468A.460 to 468A.515

340-262-0500 CertificationofSolid Fuel Burning Devices for Sale as New (1) 

### By order, the department may certify solid fuel burning devices that have been certified by the United States Environmental Protection Agency as meeting EPA emissionperformance standards and certification labeling standards pursuantto: (a) 40 CFR part 60, subpart AAA, as in effect on July l, 

### 2010; or (b) Any equivalent or more stringent standard adopted by the United States Environmental Protection Agency subsequent to July 1, 

### 2010. (2) By order, the department may certify solid fuel burning devices that have not been certified by the United States Environmental Protection Agency, but that were previously certified by the department as meeting emission performance standards and certification labeling standards on or after July l, 1986 pursuant to ORS 468A.480. (3) By order, the department may certify any hydronic heaterthat has been accepted by EPA as a Phase 1or Phase 2 emission level qualified model pursuant to the EPA Hydronic Heater Program, and that meets the requirements ofsubsections (a) and (b) below:Attachment 3.2, page 3 1 (a) The hydronic heater musthave a permanent "qualifying label" attached that meets the requirements ofthe EPA Hydronic HeaterProgram Phase 2 Partnership Agreement or similar agreement for the EPA Phase 1program; and (b) The hydronic heater musthave been installed by March I, 201 Land the owner ofthe hydronic heater must confirm notice ofinstallation to the department, ona department provided form, by July 1, 2011. (4) By order, the department may certify solid fuel burning devices that have been tested using a test method that is equivalent to the test methods in 40 CFRpart 60, subpart AAA as in effect onJuly 1, 2010, if: (a) Testing is done by a method that has been determined to be equivalent by DEQ; and (b) The test results show the solid fuel burning device emits no more than 7.5 g/hr. (5) The depa.timent shall maintain a list ofall devices certified pursuantto this rule. [NOTE: This rule is included in the State ofOregon Clean AirAct Implementation Planas adopted by the Environmental Quality Commission under OAR340-200-0040.] Stat. Auth.: ORS 468 & ORS 468A Stats. Implemented: ORS 468A.460 to 468A.515

340-262-0600 New and Used Solid Fuel Burning Devices Sold in Oregon (1) No person may advetiise to sell, offer to sell or sell a new or used solid fuel buming device in Oregon unless: (a) The device has been certitled for sale as new by DEQ pursuant to OAR 340-262-0500, or by EPA pursuant to 40 CFR part 60, subpart AAA; and The device is permanently labeled as certified, orin the case ofa hydronic heater is _(Q)_permanently labeled as a Phase 1 or Phase 2 emission level gualitled model, with a label authorized by DEO or EPA.
(2) Exempt devices. The following are exempt from this mle: (a) Pellet stoves; .(1i) Antique**woodstov~** (c) CookstovesAttachment 3.2, page 32



### (d) Fireplaces; (e) Masonry heaters; (f) 

### Central, wood-fired furnaces; and (g) Saunas.
(3) Exempt consumer transactions. 

### Consumertransactions are exempt from this rule, ifthe consumer: (a) Sells a used solid fuel burning device to a person in the business ofreusing, reclaiming or recycling scrap metal and the person destroys the device; or (b) Remits a used device to a retailer for a price reduction on a new residential heating system. (4) Prohibited label alteration. 

### No person may alter DEQ orEPA authorized labels. [NOTE: 

### This rule is included in the State ofOregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.] Stat. Auth.: ORS 468 & ORS 468A 

### Slats. Implemented: ORS 468A.460 to 468A.515

340-262-0700 Removal and Destruction ofUsed Solid Fuel Burning Devices (1) 

### Unless exemnt under section (4), when a residential structure is sold in Oregon, all used solid fuel burning devices must be removed and destroyed ifthe devices were not certified for sale as newby DEQ or EPA and are notpermanently labeled as certified, orin the case ofa hydronic heater is permanently labeled as a Phase I orPhase 2 emission level qualified model, with a label authorized by DEQ orEPA. (2) The removal and destruction ofa used solid fuel burning device is the responsibility ofthe seller ofthe residential structure, unless the seller and buyer agree in writing that it is the buyer'sresponsibility. Ifthe seller retains responsibility, the seller shall remove and destroy the device priorto the closing date ofthe sale ofthe residential structure. Ifthe buyer accepts responsibility, the buyer shall remove and destroy the device within 30 days after the closing date ofthe sale ofthe residential structure. (3) The seller orbuyer, as determined pursuant to sections (I) 

### and (2), must:Attachment 3.2, page 33 

### (a) Remove all used solid fuel burning devices on the real propertrrold with the residential structure, including but not limited to devices in a residence, garage, workshop, outbuilding, or any other structure. (b) Destroy all used solid fuel burning devices, pursuant to the definition of"destroy" in OAR 340-262-0450, by taking them to a facility or entity that will render the devices incapable ofbeing used as heating devices. (c) Obtain a receipt from the place ofdestruction that verifies the delivery ofall used solid fu.el burning devices. The receipt must include:
(A) Date ofdelivery to place ofdestruction; (B) Name and address for the place ofdestruction; and (C) Description ofall used solid fuel burning devices delivered for destruction.
(d) Notify DEQ ofthe removal and destruction ofall used solid fuel burning devices on DEQ issued paper or electronic forms. The forms will require the following inf01mation: (A) Name, current mailing address, and phone number ofthe personremoving the stove; (B) 

### Address and tax lotnumber ofthe residential structure being sold; (C) 

### Closing date ofsale ofthe residential structure ifthe buyer is the responsible party, orthe estimated closing date ofsale ifthe seller is the responsible party; (D) The receipt or receipt information obtained under subsection (3)(c); and (El A signed statement cetiifying that the infonnation is accurate to the best ofthe cetiifying individual's knowledge. (4) Exemptions. 

### The following are exempt from removal and destruction pursuant to this rule: (a) Fireplaces; (b) Cookstoves; (c) Antique woodstoves; (d) Pellet stov§ (e) Masonry heaters;Attachment 3.2, page 34

(f) Central wood-fired furnaces: and (g) Saunas. Stat. Auth.: ORS 468 & ORS 468A Stats. Implemented: ORS 468A.460 to 468A.515

340-262-0800 Wood Burning and Other Heatiug Devices Curtailment Program (!) Applicability. (a) The wood burning and other heating devices curtailment program applies to any portion ofthe state where required as an emission reduction strategy or contingency plan for PM!0 orPM 2.5 nonattainment or maintenance areas as an element ofthe State of Oregon Clean Air Act Implementation Plan adopted under OAR 340-200-0040. (b) Ifa local government or regional authority has not adopted or is not adequately implementing a curtailment program in any area ofthe state where such a program is required, the Department will operate and enforce a program to curtail solid fhel heating during periods ofair stagnation. (c) To determine whether a local government or regional authority has failed to adopt or adequately implement a curtailment program, the Department shall consider whether a local government orregional authority: (B) Has adopted an ordinancethatrequires the curtailment ofsolid the! heating at forecasted airpollution levels which are consistent withthe curtailment conditions and requirements specified in sections (3) and (4); .(!;;)Is issuing on a daily basis, curtailment advisories to the public consistent with section (5); and (D)Is conducting surveillance for complianceand is taking adequate enforcement actions consistent with sections (6) to (8). (2) Exempt from this rule. Cmiailedheating underthis rule does not apply to: (a) Solid fuel burning devices or other solid fuel heating operated within a household classified to be less than or equal to 125 percent ofthe current federal poverty income guidelines accessible through the Oregon Center for Public Policy; (b) Solid fuel burning devices operated in a residence where the solid fuel burning device is the sole heating source; andAttachment 3.2, page 35

(c) Pellet stoves, unless the pellet stove is located in a nonattainment area inthis state that does not attain compliance with standards for particulate matter established by the commission pursuant to ORS 468A.025. (3) Air stagnation levels. DEQ or DEQ's representative must use appropriate data and technology to establish the air stagnation levels used to curtail burning in PMlO or PM 2.5 nonattainment areas. The program must designate a: (a) 

### Stage Iadvisory when the PMlO or PM 2.5 standard is being approached: and (b) 

### Stage IIadvisory when an exceedance ofthe PMJ0 or PM 2.5 standard is forecast as imminent. ( 4) Curtailed burning. Unless exemptunder section (2), the wood burning cmiailment program prohibits operation of: (a) All heating by means ofsolid fuel, including but not limitedto solid fuel burning devices, fireplaces, masonryheaters, pellet stoves, trash burners and all devices described in ORS 468A.485(4)(b), that were not cetiified for sale as new by DEQ or EPA. during a designated Stage I advisory when the PMJO or PM2.5 standard is being approached. (b) All heating by means ofsolid fuel, including but not limited to solid fi.tel burning devices, fireplaces, masonry heaters, pellet stoves, trash burners and all devices described in ORS 468A.485(4)(b), whether ornot those devices were certified for sale as newby DEQ or EPA. during a designated Stage II advisory when an exceedance ofthe PMlO or PM2.5 standard is forecasted to be imminent.
(5) Daily air pollution advisories. DEQ or the DEQ representative (local or regional government) must disseminate daily air pollution advisories to the local community that must include any air stagnation levels under section (3) and curtailed burning under section ( 4) during the winter wood heating season. (6) Monitoring and enforcement. DEQ or the DEQ representative: (a) Mustmonitor compliance with the wood burning curtailment program during curtailed bmning under section ( 4): and (b) May initiate enforcement action for smoke emitted through a flue or chimney during cutiailed buming under section (4). Smoke emitted during curtailed buming raises a rebuttable presumption ofa violation subjectto OAR chapter 340, division 12. (7) Exempt from enforcement action. A personmay respond to an enforcement action initiated under subsection (6)(b) by submitting a signed affidavit and documentation sufficient tor DEQ to establish:Attachment 3.2, page 36 

### (a) For a lowincome exemption under subsection (2)(a), a copy ofthe previous year tax returns withredacted Social SecurityNumbers. The tax return must reflect the total combined household income for the past year; or 

## ill) For a sole-source heating exemption under subsection (2)(b), a signed affidavit attesting to the device's status as the sole heating source ofthe residence. The exemption is valid for the current woodheating season in whichthe person is claiming the exemption.
(8) Exempt status review. 

### DEQ or the DEQ representative must review documentation submitted under section (7) to determine the exempt status ofthe household or solid fuel burning device. DEQ shall notify the person claiming exempt status ofthe: (a) Approval ofexempt status and the dismissal ofthe enforcement action under section (6); or (b) Denial ofexempt status including thereason. (9) Suspension ofDepartment program. 

### DEQ shall suspendthe operation and enforcement of (2) through (8) ofthis rule ifthe Department determines the local government or regional authority has adopted and is adequately implementing a wood burning and otherheating devices curtailmentprogram that is at least as stringent as the program outlined inthis rule. [NOTE: 

### This rule is included in the State ofOregon Clean Air Act Implementation Plan as adopted bythe Enviromnental Quality Commissionunder OAR 340-200-0040.] Stat. Auth.: ORS 468 & 

### ORS 468A Stats. Implemented: ORS 468A.460 to 468A.515

340-262-0900 Materials Prohibited from Burning 

### No person may cause or allow any ofthe following materials to be burned in a solid fuel burnin_g device. fireplace, a trashburner or any other device described in ORS 468A.485(4)(b): (1) (a) Garbage; (b) Treated wood; (c) Plastic or plastic products; (d) Rubber orrubber products; (e) Animal carcasses;Attachment 3.2, page 37

(f) 

### Products that contain asphalt; (g) Waste petroleum products; (h) Paint; (i) Chemicals: (j) 

### Products containing lead, mercury or otherheavy or toxic metals; (k) Materials containing asbestos; and (I) 

### Particleboard. (2) Paper or paperproducts. except for paper used to kindle a fire.

Stat. Auth.: ORS 468 & ORS 468A Stats. Implemented: ORS 468A.460 

### to 468A.515

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## Attachment 4 Evidence that the state followed the Administrative Procedures Act

4.1 Public notice in the Secretary ofState's Oregon Bulletin October 1, 2010 publication 4.2 Certificate and Order for Filing Permanent Administrative Rules, filed March 10, 2011 and effective March 15, 2011

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## IAttachment 4.1, page 1 

# OREGON BULLETIN

Supplements the 2010 Oregon Administrative Rules Compilation


### Volume 49, No. 10

October 1, 2010 ForAugust 16,2010-September 15,2010

Published by KATE BROWN Secretary ofState Copyright20I0 Oregon Secretmy ofStateDepartment ofEnvironmental Quality Chapter 340 Attachment4.1, page 2

Rule Caption: Heat Smart Program for residential woodstoves and other solid fuel burning devices

- home sale removal and certification requirements. Date: 10-18-10

10-19-10

10-20-10

10-27-10 Time: 6p.m.
6p.m.

6p.m.

6p.m. Location: Medford DEQ 221 Stewart Ave., Suite 20 Medford, OR 97501 EugeneDEQ Willamette Conf. Rm. 165 East 7th Ave., Suite 100 Eugene, OR 97401 DEQ Headquarters EQC-A Conference Rm. 811 SWSixthAve Portland, OR, 97204 Bums City Hall Council Chambers 242 S Broadway Ave. Burns, OR 97720 10-28-10 6 p.m. Pendleton State Office Bldg. 700 SE Emigrant, #330, 1st Floor Conf. Rm. Pendleton, OR, 97801 Hearing Officer: DEQ Staff; Don Munkers, Burns City Mgr.; Tom Hack, DEQ Stat. Auth.: ORS 468 & 468A Stats. Implemented: ORS 468.140, 468A.035, 468A.l00- 468A.l80 & 468A.460-468A.515 Proposed Adoptions: 340-262-0400, 340-262-0450, 340-262-0500, 340-262-0600, 340-262-0700, 340-262-0800, 340-262-0900 Proposed Amendments: 340-200-0040,340-012-0054,340-012-0140 Proposed Repeals: 340-262-0010, 340-262-0020, 340-262-0030, 340-262-0040, 340-262-0050, 340-262-0100, 340-262-0110, 340-262-0120, 340-262-0130, 340-262-0200, 340-262-0210, 340-262-0220, 340-262-0230, 340- 262-0240,340-262-0250,340-262-0300,340-262-0310,340-262-0320,340-262-0330 Last Date for Comment: 10-29-10, 5 p.m. Summary: This rulemaking would implement the requirements ofSenate Bill 102, a measure passed by the 2009 Oregon Legislature to protect Oregonians from uncontrolled wood smoke. The proposed rules implement the statutory requirement for homeowners to remove and destroy any uncertified woodstove at the time ofhome sale and to notifY DEQ. The proposed rules subject a broader range ofhome and commercial heating devices (including outdoor wood-fired boilers and other uncontrolled wood burning devices) to certification requirements. Unless these heating devices meet the certification requirements, they will not be allowed to be sold in Oregon. The proposed rules also update DEQ rules for implementing a wood burning curtailment program in a nonattainment area ifneeded.

These proposed rules will also b.e submitted to the U.S. Environmental Protection Agency as a revision to the Oregon State Implementation Plan under OAR 340-200-0040.

To request additional information regarding this rulemaking, please contact: Rachel Sakata at the Department of Environmental Quality, call toll free in Oregon 800-452-4011 or 503-229-5659, or visit DEQ's public notices webpage http://www.deq.state.or.us/news/publicnotices/PN.asp

To comment on this rulemaking, submit your comments to: Rachel Sakata, Oregon Department of Environmental Quality, 811 SW Sixth Avenue, Portland, OR 97204, or by fax to 503-229-5675, or by email to heatsmartrule@deq.state.or.us (if you do not receive an auto response to your emailed comments, contact staff listedabove). Rules Coordinator: Maggie Vandehey Address: Department ofEnvironmental Quality, 811 SW Sixth Ave., Portland, OR 97204 Telephone: (503) 229-6878Attachment4.2, page 1

Secretary ofState Certificate and Orderfor Filing PERMANENT ADMINISTRATIVE RULES I certify that the attached copies* are true, full and correctcopies ofthe PERMANENT Rule(s) adopted on February 17, 2011 by the Oregon Depattment ofEnvironmental Quality 340 Agency and Division Administrative Rules ChapterNumber Maggie Vandehey 811 SW Sixth A venue, Portland, OR**97204~**1390 (503) 229-6878 Rules Coordinator Address Telephone
to become effective March 15. 2011 RulemakingNotice was published in the October 20l0 Oregon Bulletin.** Date upon filing or lall::r Month and Year RULE CAPTION Rule amendments for residential woodstoves and other solid fuel burning devices Not more than 15 words that reasonably identifies the subject matter ofthe agency's intended action. RULEMAKJNG ACTION ADOPT: 340-262-0400,**340-262~0450,** 340-262...0500, 340-262-0600, 340-262-0700, 340-262-0800, 340-262-0900 AMEND: OAR 340-200-0040, 340-012-0054, 340-012-0140 REPEAL: 340-262-0010, 340-262-6020, 340..262·0030, 340-262-0040, 340-262-0050,340-262-0100, 340-262-0,110, 340-262-0120, 340-262- 0130, 340-262-0200, 340-262...0210, 340-262...0220, 340-262-0230, 340-262...0240, 340-262-0250, 340-262-0300, 340-262-0310, 340-262-0320, 340..262--0330 RENUMBER: N/A AMEND & RENUMBER; NIA Stat. Auth.: DRS 468 &46BA Other Auth.: NIA 

## F ll ED MAR 1 0 2011 ARCHiVES DIVISION SECRETARY OF STATE

Stats. Implemented: ORS 468.140, ORS 468A.035, ORS 468A.100 1o 468A.180, ORS 46BA.460 to 468A.515 RULE SUMMARY This rulemaking implements the requirements ofSenate Bill102, a measure passed by the 2009 Oregon Legislature to protect Oregonians from uncontrolled wood smoke. The rules implementthe statutory requirement for homeowners to remove and destroy any uncertified woodstove atthe time ofhome sale and to notify DEQ. The rulessubject a broaderrange ofhome and commercial heating devices (including outdoorwood-fired boilers and otheruncontrolled wood burning devices) to certification requirements. Unless these heating devices meetthe certification**requirements~** they will not_be allowed to be sold in Oregon. The rules also update DEQ rules for implementing a wood burning curtailment program in a nonattainment area ifneeded. These rules will also be submitted to the U.S. Environmental Protection AgC:ncy as a revision to the Oregon State Implementation Plan under OAR**340~200-0040.**

·-./Pfinted name I Date *With this origi:nal, file onephotocopy ofcertificate, one paper copy ofrules listed in Rulemaking Actions, and·electronic copy of rules. **The Oregon Bulletin is published the Jst ofeach month and updates rules found in the OAR Compilation. Forpublication in Bulletin, rule and notice filings must be submitted by 5:00pm on the 15th day ofthe preceding month unless ·this deadline falls on a weekend or legal holiday, when filings are accepted until 5:00pm on the preceding workday. ARC 930-2005

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## Attachment 5 

## Evidence ofadequate public notice

5.1 Newspaper publication: The DailyJournal of Commerce, 

### September 22, 2010 publication 5.2 Newspaperpublication: The Oregonian, 

### September 22, 2010 publication See Attachment 4.1 Secretary ofState's Oregon Bulletin, October 1, 2010 publication

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### ro•• OAU!SC!iReN!:I'I**Pernot~~l f!e!lrmntatlv~**  llfl001i$f.CQO!'Eil,OSS 11'0.**94m~** Al\O!m'Jfv.PerW11all'lcpm:Mr®l!vto zsoo S'N1s1Me., Stero1**l;or:i:YI:!OR~&l** PUBLISHED FIRSTTIMETODAY Estate RICHARD ALlAN RCGERS**NQ\1~~**tlllnWesM**Fem~ns (lo!o,ClO«l~WE)**  llltM Ci1Wl CWrl Ill**~~** S!llle cl 01e·**.w./;,Jhol'fotii!\•"'IW!!.<~'"'M****>'"*""!~\** PUBLISHED FIRSTTIMETODAY Attachment 5.I, page IAttachment 5.2, page I

## Attachment 6 Certification ofpublic hearing

See paragraph#3 ofcover letter and Attachment 7.1

# I I

## Attachment 7 Compilation ofpublic comment and department's response

7.1 Presiding Officer's Report for rulemaking hearings on October 18, 2010, dated October 25, 2010; October 19,2010, dated October 20, 2010; October 20,2010, dated October 21, 2010; October 27, 2010, dated October 29, 2010; and October 28, 2010, dated November 24, 2010. 7.2 Smnmary ofpublic comment and agency response; dated December 10, 2010

## I 

## I I 

## I I 

## I I 

## I I 

## IAttachment 7.1, page 

### I 

### State ofOregon Department ofEnvironmental Quality Memorandum

To: From: Subject: 

### Presiding Officer's Report

Date: October 25, 2010 Environmental Quality Commission Byron Peterson, Air Quality Planning Presiding Officer's Report for Rulemaking Hearing Title ofProposal: Heat Smart Program for Residential Woodstoves and Other Solid Fuel Burning Devices Hearing Date and Time: October 18,2010, 6:00 to 6:30p.m. Hearing Location: DEQ Medford office, Conference Room, 221 Stewart Avenue, Suite 201, Medford, OR 97501 DEQ opened the hearing at 6:10p.m. and closed it at 6:14p.m. Attendees were asked to sign registration forms ifthey wished to present comments. They were also advised that the hearing was being recorded. One person attended thehearing and provided both written and oral comments. The following is a summary ofthe oral comments received atthehearing. DEQ will include these comments, along withthe written comments, in the Summary ofComments and Agency Responses for this rulemaking. Ray Ogden, owner ofOgden Enterprises, summarized the written comments that he provided, emphasizing several points. He requested that DEQ use testing standards established by the U.S Environmental Protection Agency's voluntary certification program for outdoorwood boilers. Mr. Ogden statedthe currentproposed emission standards for outdoor wood boilers are inappropriate as they are testing standards for indoor wood heating devices. Mr. Ogden also asked why DEQ does not require the same indoor testing standard be applied to fireplaces, pellet stoves, masonry heaters, central wood fired furnaces orother solid fuel burning devices and that it would be equally inappropriate to apply the proposed standardto these devices. He stated that the EPA is also at the point ofrevising the New Source Performance Standard for woodstoves which will include other devices such as outdoor wood boilers. Inhis concluding remarks, Mr. Ogden reiterated the DEQ should adopt testing standards allowed in the EPA Phase 2 program for outdoorwood boilers. The hearing closed at 6:14p.m.Attachment 7.1, page 2


### State ofOregon Department ofEnvironmental Quality Memorandum

To: From: Through: Subject: 

### Presiding Officer's Report

Date: Oct. 20,2010 Environmental Quality Commission Craig C. Filip, Solid Waste Reduction Analyst- Eugene/Presiding Officer Rachel Sakata, Natural Resource Specialist 3 -Portland Presiding Officer's Report for Rulemaking Hearing Title ofProposal: "ProposedRules for the Heat SmartProgram for Residential Woodstoves and Other Solid Fuel Burning Devices" Hearing Date and Time: Tuesday, Oct. 19, 2010, 6 p.m. Hearing Location: Eugene State Office Building, 165 E. 7th Ave., Eugene, OR 97401-3049- Willarnette Conference Room DEQ openedthe hearing at 6:28p.m. and closed at 6:35p.m. One person attended the hearing and provided written and oral comments. Before taking comments, Craig Filip briefly explained the rulemaking proposal and procedures for the hearing. DEQ will include these comments in the Summary ofComments and Agency Responses for this rulemaking.

Page 2 of7Attachment 7.I,page 3 

### State ofOregon Department ofEnvironmental Quality Memorandum Presiding Officer's Report

Date: Oct. 21, 2010 To: From: Subject: Environmental Quality Commission Gregg Laude, Air Quality Planning Presiding Officer's Report for Rulemaking Hearing Title ofProposal: Heat Smart Program for Residential Woodstoves and Other Solid Fuel Burning Devices Hearing Date aud Time: October 20,2010, 6 to 7p.m. Hearing Location: DEQ Headquarters, EQC Conference Room 811 SW Sixth Ave., Portland DEQ opened the hearing at 6:30p.m. and closed at 6:45 p.m. Two people attendedthe hearing; one personprovided oral comments aud both submitted written comments. Before taking comments, Rachel Sakata, air quality planner, briefly explained the rulemaking proposal, procedures for the hearing and the rulemakingprocess in general. She informed attendees that the proposed rules were scheduled for commission action in February 2011. The following is a summary ofthe oral comments received atthe hearing. DEQ will include these comments, along withthe written comments, in the Summary ofComments aud Agency Responses for this rulemaking. Harvey Gail, representing the Oregon Hearth Patio and Barbeque Association, summarized the written comments thathe provided, emphasizing several points. He requested that the rule definition for "used device" be clarified to include selling between individual people, aud that "place ofdestruction" be clarified by restricting locations, withthe DEQ possibly providing a list ofacceptable places. He also commented that the emissions standards for the Outdoor Wood Hydronic Heaters be aligned with EPA's currentvoluntary standards. Mr. Gail pointed out that the notification form includedthe home seller's address which might be confusing since the home seller was moving. He also said that the proposed standards could be a hardship for low income people who relied on these heaters as au essential appliance in their homes and Page 3 of7**Att~chment** 7.1, page 4 recommended exemptions for low income people, with clarificationofthe process to include a length oftimethat the exemption would apply. Mr. Gail also had a number ofobservations on the rule in generaL He pointed out the value of · this rule because it would likely improve fire safety in homes by removing many questionable stoves and improving stove installations. He asked that the commission be aware ofEPA's actions onrevising the New Source Performance Standards for wood stoves and considerhow those would relate to Oregonrules. He emphasized that low incomepeople would be most impacted by theserules and suggested that DEQ keep that in mind as the rules are implemented. He also thoughtthe rules did not address enforcement adequately. AfterMr. Gail completed his comments the other attendee was asked ifhe wished to present oral comments but he declined and left written comments instead. The hearing was closed at 6:45 p.m.

Page 4 of1Attachment 7.1, page 5 

### State ofOregon Department ofEnvironmental Quality Memorandum Presiding Officer's Report

Date: Oct. 29, 2010 To: Enviromnental Quality Connnission From: Rachel Sakata, Air Quality Planning Subject: Presiding Officer's Report for Rulemaking Hearing Title ofProposal: Heat Smart Program for Residential Woodstoves and Other Solid Fuel Burning Devices Hearing Date and Time: Oct. 27, 2010, 6 to 7 p.m. Hearing Location: Burns City Hall- Council Chambers 242 South Broadway Ave, Burns, OR 97720 DEQ opened the hearing at 7:10p.m. and closed it at 7:11p.m. Two people attended the hearing; one person provided oral connnents butboth submitted written comments. Before taking connnents, Rachel Sakata, air quality planner, briefly explained the rulemaking proposal, procedures for the hearing and the rulemakingprocess in general. She informed attendees that theproposed rules were scheduled for commission action in February 2011. The following is a sununary ofthe oral comments received at the hearing. DEQ will include these comments, along with the written comments, in the Summary ofComments and Agency Responses for this rulemaking. Harvey Gail, representing the Oregon Hearth Patio and Barbeque Association, sununarized hiswritten connnents. He requested that the rule definition for "used device" be clarified to include selling between individual people, and that "place ofdestruction" be clarified by restricting locations, with the DEQ possibly providing a list ofacceptable places. He also asked DEQ to alignt the emissions standards for outdoor wood hydronic heaters with current US EPA voluntary standards. Mr. Gail pointed out that the notification form included the home seller's address which might be confusing since the home seller was moving. He also said that the proposed standards could be a hardship for low income people who relied onthese heaters as an

Page 5 of1Attachment 7.1, page 6 

### essential appliance in their homes and and recommended exemptions for low income people, with clarification ofthe process to include a length oftimethat the exemption would apply.

Page 6 oi'1

### State ofOregon Department ofEnvironmental Quality

To: From: Subject: 

### Presiding Officer's Report

Andy Ginsburg, DivisionAdministrator, Air Quality Program Tom Hack, Air Quality Program, Eastern Region- Pendleton Presiding Officer's Report for Permit Hearing Title ofProposal: Heat Smart Program, Senate Bill 1 02 Hearing Date and Time: Oct. 28,2010 at 6:30p.m. Attachment 7.1, page 7



### Memorandum

Date: Nov. 24, 2010

Hearing Location: Pendleton State Office Building, 1stFloor Conference Room DEQ openedthe hearing at 6:33 p.m. and closed at 6:36p.m. The hearings officer asked the attendee to sign the registration form ifhe wished to presentcomments, and advised that DEQ was recording the hearing. One person attended provided verbal testimony. No written testimony was provided. Before taking comments, Rachel Sakata explained the Heat Smart Program and requirements. Then Tom Hack, also from DEQ, explainedthe procedures for the hearing. The following is a summary ofthe verbal comments received at the hearing. DEQ will include this comment in the Summary ofComments and Agency Responses for this permit. Danny Amon: identified himselfas a Central Boilerdealer who sells outdoorwood fired furnaces. He noted that the New Source Performance Standards were developed for indoor woodstoves andhas not been tested on outdoor wood hydronic heaters. He said that there is no basis for testing the outdoorwood hydronic heaters to the indoor woodstove test methods or regulating them based on emission standards that were developed for an entirely different appliance category. He concluded that DEQ should allowthe testing methods and emission limits in the U.S. EPA voluntary OWHH Phase 2 program, to certify outdoor wood boilers for sale in Oregon.

Page 7 of]Attachment 7 .2, page I
Summary of Public Comments and Agency Responses Proposed Rules - Heat Smart Program for Residential Woodstoves and Other Solid Fuel Burning Devices Prepared by: Rachel Sakata, Oregon Department of Environmental Quality Date: December 10, 2010

Comment The Oregon Department of Environmental Quality (DEQ) took public comment Period: on the proposed rulemaking for the Heat Smart Program for Residential Woodstoves and Other Solid Fuel Burning Devices. The comment period was open from September 21, 2010 through October 29, 2010. Public Hearing: DEQ held the following public hearings on the proposed rules:

• October 18, 2010, 6:00p.m. DEQ

- Medford Regional Office, Conference Room 221 Stewart Ave, Suite 201 Medford, OR 97501 1 person attended the hearing and testified 

## • October 19, 2010, 6:00p.m

. DEQ

- Eugene Regional Office, Willamette Room 165 East 7'h Ave, Suite 100 Eugene, OR 97401 1 person attended the hearing and testified 

## • October 20, 2010, 6:00p.m

. DEQ Headquarters, Room EQC-A 811 SW 6th Avenue Portland, OR 97204 2 people attended the hearing; 1 person testified 

## • October 27, 2010, 6:00p.m

. Burns City Hall, Council Chambers 242 South Broadway Ave Burns, OR 97220 6 people attended the hearing; 0 people testified 

## • October 28, 2010, 6:00p.m

. Pendleton State Office Building, 181 Floor Conference Room 700 SE Emigrant, #330 Pendleton, OR 97801 1 person attended the hearing and testified Total attendance at public hearings: 11 persons Total number providing verbal testimony: 4 persons Organization of Summaries ofthe comments received and DEQ's response are provided comments and below. Comments are summarized by issue category. The full public record responses: is available for review by the public at the Portland DEQ office (811 SW 6th Ave.). Copies are available**up~n** request.Explanation of acronyms used in this document

1. General opposition

2. Implementation DEQ

- Department of Environmental Quality EPA = Environmental Protection Agency EQC = Environmental Quality Commission NESCAUM = Northeast States Coordinated Air Use Management NSPS = New source performance standard OWB = Outdoor wood boiler PM2.5 = Particulate matter under 2.5 microns in size SIP= State implementation plan WEST AR =Western States Air Resources Council

Summary of Comments and DEQ Responses 1) Through attrition alone, the stoves would be put out of service and the new Jaws aren't necessary. (1) 2) The law should not require the removal of all uncertified stoves, only those that have been reported as causing a problem. (1) 3) The program should rethink and stop now, as the newerwoodstoves have no guarantee of Jess pollution, burning will last longer and create more toxic pollution than current conditions. The program should focus on banning all wood burning appliances and not rob the citizens' health and well being. (4) Response to all comments: In neighborhoods throughout Oregon, wintertime residential wood burning is 

### a significantsource ofairpollution, including fine particulate and airtaxies. There are still tens ofthousands ofold, high polluting uncertified wood burning devices in Oregon that contribute to unhealthyair. While woodstoves do get replaced eventually, many woodstoves were built to last for

### a long time

- atleast20 years orlonger- resulting in many old uncertified stoves still in homes. The 2009 legislature adopted SB 102, which requires removal ofoldstoves at the time ofhorne sale, because attrition alone was not sufficient to address this airpollution problem. The proposedrules implement this existing 2009 law. This program focuses on the removal ofold, uncertifiedstoves and does not require the replacement ofan uncertified device with 

### a new woodstove. A homeownermaychoose not to replace 

### a removed stove that is not the sole source ofheat, ormaychoose to replace the old device with 

### a newcertified stove, pellet stove, ornaturalgas furnace. Many newcertifiedstoves have features thatprevent

### a userfrom "damping down" the fire andallowing smoke to billow out andcreate airpollution. Newer, certifiedstoves also emit two to seven times less pollution than an uncertifiedstove. Once the rule is adopted, DEQ also plans to focus on an educational campaign to inform homeowners about the newregulations andalso to address other wood burning topics such as proper wood burningpractices. How does DEQ plan to implementthe Jaw? (1) Response: Compliance with these rules will occurprimarily throuqh education andawareness, which is similar to howDEQ enforces the currentban on the sale ofuncertified woodstoves. DEQ has been working with realtors, hearth dealers, chimneysweeps, and contractors for the pastnine months to help inform them ofthe requirements, conducting trainings andproviding educationalmaterials so that they can help inform theirclients ofthe law. Realtors have been especiallyhelpfulin getting the word out about the requirements. DEQ has also established

### a web-based reporting tool to make it easierforhomeowners to notify DEQ that they have removed and destroyed the stove. Although notification to DEQ is not required until the rules are adopted, DEQ has alreadyreceived over 137submissions from homeowners. DEQ is also monitoring classified advertisement websites and otherads to stop illegal sales ofuncertifiedstoves. In addition, manyinsurance companies are nowrequiring homebuyers to have proofofnotification from DEQ that

### a stove has been removed and destroyed before they will insure homes. DEQ anticipates that its education, outreach, andmonitoring efforts will achieve 

### a high level ofcompliance overall. DEQ mayalso use civil penalties ifnecessary to address violations. 3. Hardship for 1) I think the new law "stinks". Due to the economy and lack of home sales, Home Sales the last thing needed is another law to impose on home owners. (1) 2) In some homes the stove is the only source of heat and banks will require a new stove before allowing financing ofthe home. Many people cannot afford to replace the stove. (1) 3) For short sales, the homeownerwon't be. able to pay for a new stove and it will likely be the realtorthat will have to get a new wood stove installed. (1) Response to allcomments: DEQ recognizes the potentialhardship the stove removal requirement may pose forsome home sellers in thecurrent economic climate. However, over the long run, it is most efficient to remove these oldstoves at time ofhome sale, when 

### a home sellermayhave to address otherhome upgrades or changes to prepare the home forsale. Requiring oldstove removal at the time ofhome sale benefits public health byreducing airpollution and improves home safetybyreplacing old, potentially unsafe stove installations. The rules alloweitherthe sellerorbuyerto take responsibility forstove removal. This provides flexibility for the stove removal to be addressed in the mostcost-effective waypossible as part of

### a largerandmore complex transaction. While failure to comply with the rules could result in 

### a civil penalty, the rules also ensure that failure to comply will not unravel

### a home sale. In addition, DEQ has provided assistance to realtors facing the challenge ofshortsales orsituations where 

### a home sellercannot afford to replace 

### a stove that is the onlysource ofheat. In these instances, DEQ has recommended otherstate andlocal assistance agencies that could help with the replacement of

### a stove. These features are intended to minimize the negative impacts on 

### a home sale transaction.To help lowincome individuals in areas with the most severe airpollution, DEQ has sought out funding to help with the turnoverofoldstoves. This includes the acquisition of$2 million in federal stimulus money to facilitate the changeout ofold uncertifiedstoves with new, cleanerburning devices in certain communities throughout the state. DEQ also hopes to establish a statewide woodstove changeout fund to assistallhomeowners in the future. 4. Removal 1) Stove should be removed by a licensed entity to reduce fraud, such as requirements people trying to hold onto their old stove. (2) Response: DEQ wants to provide as much flexibility aspossible forhomeowners. Therefore, DEQ proposes to give homeowners the option to eitherhire a licensed chimneysweep orto perform the work themselves. Requiring the licensing ofentities to remove stoves could create an additionalburden and increase removal costs fora homeowner. However, DEQ is educating realtors, potentialhome buyers andlenders ofthe requirements so that all parties know the uncertifiedstove mustbe removed at the time ofhome sale. This will reduce violations because buyers andlenders have an interest in ensuring thatsellers comply with the law. 2) Clarify what is meant by "place of destruction". Currently, the law is vague and the locations for where the stoves can be destroyed should be more restricted. DEQ should maintain a list ofall locations approved by DEQ as a place ofdestruction. (6), (7) Response: DEQ is purposelynotspecifyingplaces ofdestruction, because DEQ does not want to limit disposal options forhomeowners. Forsimplicity and to lessen the burden on homeowners, DEQ will accept confirmation ofa stove's destruction from anyentity orperson willing to render the stove inoperable and certifythat fact to DEQ. DEQ does plan to maintain a list of disposal locations as a reference forhomeowners, but will make it clearthat these are not the onlyplaces where a stove can be taken for "destruction". The main safeguard to ensure stove destruction is that state law andstate building code prohibits the sale andinstallation ofan uncertified woodstoves. An ownerattempting to re-install an uncertifiedstove would not be able to qet a buildinq permit. 5. Emissions Develop a device to control emissions on the uncertified wood stoves. (3) Controls for Woodstoves Response: DEQ has neitherthe resources norexpertise to develop emissions control devices that can be retrofit on uncertified woodstoves. Ifa business does develop an emissions control device for uncertified woodstoves and EPA approves it, then DEQ will consider whetherthese would be allowed on uncertified woodstoves. 6. Burning There is no way of controlling what people will burn in their own homes in Indoors order to save money. (4) Response: DEQ is concerned about burning oftrash and otherprohibitedmaterials indoors, as it can produce toxic emissions that are harmful foreveryone.DEQ's main compliance approach will be through education and awareness ofthe health dangers ofburningprohibitedmaterials. However, burning garbage orotherprohibited, toxic materials indoors is illegal. As with burningprohibitedmaterials outdoors, DEQ's rules establish penalties for anyone who burnsprohibitedmaterials indoors, andDEQ will respond to complaints received. 7. Outdoorwood 1) DEQ should allow the testing methods and emission limits developed boilers underthe EPA Hydronic Heater Phase 2 Program to certify outdoor wood boilers for sale in Oregon. (5), (6), (7), (8), (9), (10), (11), (12) 2) Revise 340-262-0500 and 340-262-0600 to include OWBs qualified to the Phase 2 level in EPA's voluntary Hydronic Heater Program to be certified and sold in Oregon. (11), (12) 3) DEQ should not abandon supporting the EPA voluntary program and the testing standards (based on a DEQ Fact sheet- March 2008, encouraging consumers to purchase Phase 1 qualified OWB). The Phase 2 program, which is even cleaner, should be adopted by the DEQ, as these standards were specifically developed for these types of devices. Instead, DEQ is copying the state ofWashington by not adopting the voluntary program and should not do so because it opens DEQ up to legal challenges. (5), (8), (9), (11) 4) The proposed DEQ test methods are only applicable to indoor woodstoves and cannot and should not be applied to any class of solid fuel burning device. OWBs are specifically exempt from 40 CFR Part 60 Subpart AAA, and EPAwill not certify an outdoor wood boiler to this standard, as they do not meet the definition requirements specified in the standard. Use a standard that applies to that'specific type of appliance (e.g. test a fireplace with a fireplace standard, etc.). The proposed test methods are inconsistent with EPA testing standards and international testing standards developed for outdoor wood boilers. (5), (8), (9), (10), (11) 5) Six states have developed regulations based on the test standards in EPA's voluntary Hydronic Heater Phase 2 program. These states have adopted these standards, not the indoor wood stove testing requirements in 40 CFR Part 60 Subpart AAA, as DEQ has proposed. (5), (9) 6) There are many similarities between the test method used in the EPA voluntary Hydronic Heater Phase 2 Program and the test method used in 40 CFR Part 60 Subpart AAA. They are both EPA test methods, use four test categories, have similar wood fueling methods, have a g/hr cap, and use the same sampling method. (11) 7) Adopting inappropriate testing standards for outdoor wood boilers will hurt small businesses in Oregon and prevent Oregon consumers from being able to install clean and efficient outdoor wood boilers. (8) 8) EPA is working on upcoming New Source Performance Standards (NSPS) regulations that will apply to a widerrange of solid fuel burning devices, includinq such as outdoor wood boilers. After it is revised, thefederal regulations can take precedence. (5), (8), (9), (11) 9) The proposed rules unreasonably ban outdoor wood boilers that meet

EPA's Phase 2 limit of0.32 lbsiMMBtu heat output but does allow higher emitting EPA certified stoves (1.41bsiMMBtu) to be sold. (12) 10) The proposed rule amounts to a ban on the sale of outdoor wood boilers and goes against the intent ofthe legislature under Senate Bill 102 to promote the certification of low emission solid fuel burning devices. (12)
Response: The intent ofSenate Bill 102 

### was to help protect the human health and air quality ofOregonians from wood smoke. It

### also allows the EQC to 

### set emission standards forsolid fuel burning devices that would be atleast 

### as stringent

### as federal emission standards, but couldbe stricter

### as needed to protect Oregonians. DEQ's concern with outdoor wood boilers 

### is that they are currently unregulated andcan emit excessive amounts of particulate pollution. Even the cleanerburning outdoor wood boilers still emit up to 3 times more pollution than a certified woodstove. Until this technology advances further, DEQ believes these devices shouldbe required to meet state-of-the art woodstove emission standards ornotbe allowed for

### sale in Oregon. Several factors contribute to DEQ's recommendation that these devices be I · required to meet current woodstove emission standards: A. DEQ recognizes that boilers meeting the EPA Phase 2 voluntary requirements pollute

### Jess and are 90percent cleanerthan unqualified outdoor wood boilers. However, even these boilers pollute too much to be allowed in Oregon. According to the U.S. EPA, a Phase 2 boilercan emit 1.5 to 3 times more particle pollution than a certified woodstove. This 

### is not acceptable 

### emissions performance fora residential wood heating device in Oregon. B. Comparing the Jbs!MMBtu heat output ofa certified woodstove to an outdoor wood boiler

### is not equivalent; a certified woodstove typically heats one to two 

### rooms in a home, whereas an outdoorwoodboiler heats an entire home. Ifone were to compare devices that heat entire homes, such 

### as an oil or

### gas furnace, an outdoor wood boiler 

### is 25-38 times higheremitting. C. Outdoor wood boilers typically have short smokestacks (8-10ft high) andsmoldering fires that create heavysmoke which 

### is released close to the ground. This smoke can lingerand expose neighbors to nuisance conditions andhealth risks. D. Ofparticularconcern 

### is wintertime smoke from outdoor wood boilers when cold weatherinversions prevent the smoke from dispersing. Many communities experience heavysmoke from residential woodburning that can exceedthe federal fine particulate health standards. DEQ has spent the past twentyyears investing in various woodstove change-outprograms and education campaigns across Oregon to remove older, polluting uncertified woodstoves. Allowing uncertified outdoor woodboilers in Oregon could undermine past efforts to reduce particulate pollution. Once installed, these devices could emit high levels of pollution forseveral decades. With so many communities nearorclose to violatingpublic health standards for fine particulate DEQ must regulate these devices to adequately protectpublic health. DEQ could revisit this issue in the future ifnew boilertechnologies are developed that significantly reduce emissions from these devices to 

### a level that is sufficientlyprotective of public health. E. In addition to smoke emissions, DEQ is concerned about the potential to use these devices as 

### a means ofillegal waste disposal. Outdoor wood boilers are designed by theirmanufacturers to burn dry, seasoned wood. However, many ofthese devices have 

### a very large firebox capacityandloading door, andcan be easily used to burn non-woodmaterials, such as household trash orconstruction debris, which is both illegal and releases harmfulairtaxies. F. DEQ is concerned that the experimental emission test method developed for EPA's voluntaryboilercertification program maynot accuratelyreflect the true emissions performance ofoutdoor wood boiler technology. DEQ has discussed this with officials in other states andstate organizations, such as the Northeast States for CoordinatedAirUse Management (NESCAUM) and the Western StatesAirResources Council (WESTAR), who have similar concerns about the adequacy ofthe voluntary test method to sufficientlyaddress emissions from these devices. DEQ will need to carefully evaluate any final testmethod to ensure it enables emission standards thatprotectpublic health. Until such time as DEQ approves 

### a boilertest method, DEQ will not accept emissions performance testing results using EPA's voluntary boilertest method. However, in response to these comments, DEQ has revised its proposed rules to allow for DEQ approval ofan outdoor wood boilers emissions test methodology that DEQ finds acceptable and equivalent to EPA's NSPS wood stove standard. Any outdoorboiler tested to 

### a OEQ-approved test method andmeeting the emission standards statedin the rules can be certified forsale in Oregon. G. DEQ acknowledges that requiring outdoor wood-fired boilers to meet woodstove emissions standards using the approved EPA woodstove test methods has the practical effect ofbanning currentlyavailable outdoor wood-fired boilers in Oregon. DEQ recommends this action in orderto bettersafeguardpublic health in Oregon communities. H. Otherstates andcities share OEQ's concerns. On the East Coast, where some states have adopted rules for outdoor wood boilers based on EPA's voluntary Phase 2 program, manycities and towns have gone furtherand establishedlocal ordinances prohibiting the7. Sell-Through Provisions use ofthese outdoor wood boilers because ofthe concerns about smoke from these devices. Similarconcerns are echoed on the West Coast, where the state of Washington currently does not allow the sale ofoutdoorwood boilers. /. DEQ recognizes that these rules will have an adverse effect on those smallbusinesses that sell outdoor wood boilers, ofwhich DEQ has estimated there are approximately fourin Oregon Forsome of these retailers, outdoor wood boilers are not the onlyproduct they carry and theymaybe able to emphasize sales ofotherdevices that meetstandards. Otherretailers maybe able to sell outdoorwood boilers in neighboring states, such as Idaho andparts ofCalifornia, where they are allowed J DEQ has been monitoring the progress ofEPA's upcoming revisions to the federal New Source Performance Standards for woodheating devices 

### As mentionedpreviously, DEQ

### is concerned about the potential ofthe outdoorwood boilers to emitparticulate pollution, especiallyin communities at risk oforexceeding the federal health standards for fine particulate. Iffederal regulations forresidential wood-fired boilers are promulgated, DEQ will evaluate whetherto adopt these standards for Oregon ordevelop more protective standards. DEQ should establish a sell-through period for in-state business owners selling OWBs already in stock (e.g., six months after effective date ofthe regulation). This would be similar to sell-through exemptions in other northeast states (Maine, Vermont, New Hampshire, and Pennsylvania) and the sell through provisions that applied after promulgation ofthe federal woodstove NSPS. This will allow small business owners in Oregon an opportunity to move their existing inventory without being financially burdened. (11) Response: The Oregon Hearth Products Association andits members have been aware ofthe upcoming Heat Smart regulations since 2009 when SB102 was adoptedby the legislature. DEQ's rules will notbecome effective until February2011, assuming adoption by the EQC. Therefore, in essence there has alreadybeen a "sell-though"opportunity for woodstove dealers since fall 2009 through January2011. DEQ 

### is not recommending 

### a furthersell-through period forsolid fuel burning devices newlyregulated under this rule. DEQ's recommended approach would help protect airquality andconsumers. DEQ first required the sale ofcertificated woodstoves in July 1986. In the yearpriorto that date many wood stove dealers made 

### a special effort to sell out theirstock ofuncertifiedstoves before DEQ's rule became effective. This "sell-through"period resulted in hundreds ofhigh pollution woodstoves entering Oregon communities, where manystill remain more than twenty years lateras sources ofairpollutionOEQ does not want to see this happen again, with installation ofthe existing stock ofuncertifiedsolid fuel burning devices that emit two to seven times more pollution than certifiedstoves. In addition, any uncertified device sold before the Heat Smart rules become effective will have to be removed in the future upon home sale. DEQ believes it is betterforconsumers to not perpetuate the sale ofnoncertified wood heating devices. 8. General 1) Clarify the definition of "used" device to allow sale from a private citizen. Definitions (6), (7) Response: DEQ agrees with the commenterand does not want to exclude the sale of used certified devices from private individuals oranyotherentity. DEQ has modified the rule to not specify from who the ownership has to be transferred

.

.2) DEQ should broaden and clarify that outdoor wood boilers are included in the definition ofsolid fuel burning device, because OWBs are used outside of a private residential structure. The current definition only identifies solid fuel burning devices that produce heat "in a" private residential structure and should include those that produce heat "for a" private residential structure. (11), (12) Response: OEQ has modified the definition ofsolid fuel burning device to include devices thatproduce heat "for"a residential structure andare notjust located "in"a residential structure. This ensures outdoor wood boilers are subject to the requirements. 3) DEQ should define Phase 2 qualified model. (12) Response: Because the term "Phase 2"is notbeing used in the rules, DEQ does not need to define that term. 9. Notification of Clarify which address should be used by the seller removing the stove. (6), Destruction (7) Response: DEQ agrees clarification is neededin orderto determine the contact information ofthe home seller, especiallyifthe home selleris about to move from his orhercurrent address. DEQ has modified the rule to have the person responsible forremoving the stove provide his/hercurrent mailing address. 10. Curtailment 1) Clarify how long an exemption from curtailment should last for a lowprogram income household that has a solid fuel heating device as the sole source of heat. (6), (7) Response: DEQ agrees clarification is needed to indicate howlong an exemption from curtailment fora /ow-income householdshouldlast. DEQ has modified therule to indicate the exemption is good for the current woodheating season. 2) Clarify who is qualified to sign an affidavit indicating the solid fuel burning device is the sole source of heat in the residence. (6), (7) Response: DEQ is not specifying who shouldsign an affidavitin the rules. DEQ wants to provide flexibility to alloweach community to tailora curtailmentprogram that is appropriate forits needs. 11. Certification OAR 340-262-0500(1) is too narrow. EPA is in the process of revising the ofsolid fuel New Source Performance Standard and any future revisions, especially if it burning includes emission performance standards and certifications for solid fuel devices burning devices that were not previously certified by EPA, would require the DEQ to re-open the rule to allow for the certification ofthese devices in Oregon. (11), (12) Response to all comments: DEQ agrees that the current language does not allow forany future EPA revisions to the NSPS, without having to go through a separate rulemaking. As DEQ has indicatedpreviously, ifand when a newfederal NSPS is promulgated for wood burning devices, DEQ will evaluate whetherto adopt that standard for Oregon. Ifso, DEQ will use a formal rulemakingprocess, with oooortunitvforoublic comment.

List of People Submitting Comments (by Commenter Number) Ref. Receive No. Name Affiliation or Organization Date 1. Judy Bird, Realtor Judy Bird Real Estate 912412010 2. Mike Collins Midqlevs Stove and Fireplace Center 912512010 3. Melody Beaudro, Real estate TR Hunter Real Estate 912712010 broker 4. Giulia D'Aiesio, Director Quebec Chapter ofthe Canadian Clean 1011712010 Air Alliance 5. Ray Ogden, Owner Ogden Enterprises 10/18/2010 6. Linda Ommen, President Oregon Hearth Patio and Barbecue 10/19/2010 Association 

### 7. Harvey Gail, Executive Oregon Hearth Patio and Barbecue 10/20/2010 Director Association 8. Steve Carpentier, Owner Energy Unlimited, LLC 10/2012010 9. Keith Anderson, Owner Anderson Sales 10/27/2010 10. Danny Amon, Owner Amon Industrial 10/28/2010 11' W. Allan Cagnoli, Director of Hearth Patio and Barbecue Association 10/28/2010 Government Affairs 12. Tom Lindley2 Perkins Coie (on behalf of Central Boiler, 10/29/2010 Inc.)

2 Commenters who provided attachments (available upon request)