reg on 

John A. Kitzhaber, MD, Governor 

October 5, 2011 

Dennis J. McLerran, Regional Administrator 

U.S. Environmental Protection Agency, Region I 0 

1200 Sixth Avenue 

Mail Code: RA-140 

Seattle, WA 98101 

Department of Environmental 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 Solid Fuel Burning Devices 

Dear Mr. McLerran: 

The Oregon Department of Environmental Quality (DEQ) requests approval of revisions to the Oregon 

State Implementation Plan (SIP) from the Office of Air, Waste, and Toxics, State and Tribal Air 

Programs Unit of the U.S. EPA, Region 10. Enclosed for your review is one hard copy of the 

amendments and one electronic copy of the amendments are saved on the disk included. 

The Environmental Quality Commission adopted the revisions to the SIP under OAR 340-200-0040 on 

February 17, 20 1!. DEQ submits these revisions to EPA as part of the SIP and pursuant to 40 CFR 

51.104. 

I certifY that public notices were published in newspapers of general circulation on September 22, 2010 

and in the Secretary of State's Oregon Bulletin on October 1, 2010. The notices included a statement 

that adoption of the rules would revise the SIP. I further certify that public hearings were held on 

October 18, 2010 in Medford, Oregon, on October 19,2010 in Eugene, Oregon, on October 20, 2010 in 

Portland, Oregon, on October 27, 2010 in Bums, Oregon and on October 28,2010 in Pendleton, Oregon. 

Thank you for your assistance with these revisions to Oregon's SIP. The staff contact for this submittal 

is Rachel Sakata at (503) 229-5659, and Nicole 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 

ATTACHMENTS 

Attachment 1: Evidence the State has adopted the revision 

1.1 Staff Report, Agenda Item H of the 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 of Staff Report, 

Agenda Item H, February 16-18, 2011 EQC meeting) 

Attachment 3: Provisions submitted for approval 

3.1 Adopted and amended rules submitted to Secretary of State 

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 

3.1 c 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 of State 

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 of adequate public notice 

5.1 Newspaper publication: The Daily Journal of Commerce, September 

22, 2010 publication 

5.2 Newspaper publication: The Oregonian, September 22, 2010 

publication 

1.1 

X 

2 

X 

3 

3.1 

3.1a 

X 

X 3.1b 

3.1c 

X 

X 3.2 

X 3.2a 

X 3.2b 

3.2c 

4 

X 4.1 

4.2 

5 

X 5.1 

X 5.2 

X 

6 

7 

7.1 

X 

X 7.2 

the revision 

Report, Agenda Item H of the February 16-18, 201 1 EQC meeting 

see Certificate and Order for Permanent Administrative Rules in Attachment 4.2 

Evidence that the state has the 

Attachment 1.1 "Commission Authority" (page #4 of Staff Report, Agenda Item H, February 16-18, 

and 

Enforcement Procedure and Civil Penalties: OAR340-012-: 0054* 0140*. Effective 

General Air Pollution Procedures and Definitions: OAR 340-200-: 0040. Effective 

Heat Smart Program for Residential Woodstoves and Other Solid Fuel Heating Devices: OAR 340-262-: 

0900*. Effective 17 2011 

version amended and rules submitted to of State 

Civil Penalties: OAR340-012-: 0054* 0140*. 

General Air Pollution Procedures and Definitions: OAR 340-200-: 0040. Effective 

Smart Program for Residential Woodstoves and Other Solid Fuel Heating Devices: OAR 340-262-: 

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 

of State's October 2010 

ficate and Order for Filing Permanent Administrative Rules, filed March I 0, 2011 and effective 

2011 

The 

The 

See Attachment 4.1 

See #3 of cover letter and Attachment 7.1 

Officer's Report for rulemaking hearings on October 18, 2010, dated October 25, 20 I 0; October 

I9, 20IO, dated October 20, 2010; October 20, 20IO, dated October 2I, 20IO; October 27, 20IO, dated 

and October dated November 20 I 0 

*Denotes rules that are not included in the State of Oregon Clean Air ACt State Implementation Plan but are being submitted to show a complete 

account of the rulemaking package. · 

Attachment 1 

Evidence the state has adopted the revision 

1.1 Staff Report, Agenda Item H of the February 16-18,2011 EQC meeting 

Also see Certificate and Order for Filing Permanent Administrative Rules in Attachment 

4.2 

Attachment 1.1, page I 

State· of Oregon 

Department of Environmental Quality Memorandum 

Date: Jan. 28, 2011 / 

From: 

To: Environmental 

Dick Pedersen, 

Quality 

Director 

Co~ssyt 1:/~'-\., ~ 

Subject: Agenda item H, Rule adoption: Heat Smart Program for .residential woodstoves 

and other solid fuel burning devices 

February 16-18, 2011, EQC meeting 

Why this is 

Important 

DEQ 

recommendation 

and EQC motion 

Background and 

need for 

rulemakiog 

1bis proposed mlemaking implements Senate Bill 102, a 2009 legislative measure 

designed to protect Oregonians from wood smoke by accelerating the turnover of 

older uncertified woodstoves. 

DEQ recommends that the EQC adopt the proposed revisions to Oregon 

Administrative Rules, Chapter 340, divisions 12 and 262 as presented in 

attschment A. DEQ also recommends that the commission amend the Oregon 

Clean Air Act implementation plan (OAR 340-200-0040) as presented in 

attschment A to include these revised roles as a revision to the Oregon Clean Air 

Act Implementation Plan, and that the commission authorize DEQ to submit these 

revisions to the U :S. Environmental Protection Agency for approval as revisions 

to Oregon's Clean Air Act Implementation Plan. 

Concerns about wood smoke 

Wintertime residential wood burning is a significant source of air pollution, 

including fine particulate and air toxics. Smoke from woodstoves and other wood 

heating devices can be a primary reason that communities such as Klamath Falls 

and Oakridge do not meet federal health standards for fine particulate matter. 

Residential wood burning is also a significant source of air pollution in a dozen 

other communities that are at risk from elevated fine particulate levels. This 

rulemaking is a long-term strategy to improve air quality by accelerating the 

turnover of older, uncertified wood burning devices. 

Senate Bill102 requirements· 

Senate BillJ02 requires the commission to establish a program requiring the 

removal and destruction of non certified woodstoves upon home sale. It also 

authorizes the commission to set emission standards for a broader range of home 

wood-heating devices, including outdoor wood-fired boilers and other wood 

burning devices that are currently exempt from EPA's woodstove emissions 

certification requirements. Senate Bill 102 also makes it clear prohibited materials, 

such as garbage, may not be burned in a woodstove or fireplace. 

Item H 000001 
Attachment 1.1, page 2 

Rule adoption: Heat Smart Program 

February 16-18,2011, EQC meeting 

Page2 of8 · 

Effect of rule 

Regulated devices under DEQ's new woodstove rules 

In 1984, Oregon was the frrst state in the nation to require emissions certification 

of new wood burning stoves. EPA quickly followed with national emission 

standards in 1988, but has not.revised the 20-year-old woodstove standard since 

then. At that time, only a handful ofwoodstove models were exempt from 

emission standards. Today, EPA's exemption list has over 260 devices because 

EPA's current definition of "woodstove" is too narrow. This allows hundreds of 

models of uncertified residential wood burning devices, such as outdoor · 

residential wood boilers, to be sold because they are technically exempt by EPA. 

The Heat Smart rules will expand the definition of ''woodstove" to "solid fuel 

burning device," preventing these exempt devices from being sold iti Oregon 

unless they meet EPA certification standards or any equivalent standard approved 

by the commission. 

Uncertified stove removal upon home sale- notification and destruction 

Pursuant to statute, the stove removal requirements went into effect starting Aug. 

1, 2010. DEQ's proposed rules establish procedures to streamline implementation 

of these requirements and verifY that uncertified stoves are removed and destroyed 

upon home sale. For example, the rules require homeowners to notifY DEQ and 

obtain a receipt verifying the stove was destroyed. DEQ proposed requiring a 

receipt as proof of destruction to ensure that uncertified solid fuel burning devices 

are not re-sold or illegally installed in another home. 1 Any metal recycler, landfill 

operator, scrap metal dealer, hearth products store, or anyone willing to take 

responsibility for ensuring the stove is destroyed to the extent that it cannot be 

used as a heating device again can issue these receipts. Many uncertified stoves 

have already been removed upon home sale since the statute became effective in 

August. DEQ has provided guidance to Realtors® and homeowners Who have 

been providing proof of destruction and notification to DEQ. This rulemaking 

fully implements the stove removal provisions of Senate Bill 102. 

Wood burning devices subject to emission standards 

The proposed rules will incorporate a broader range of home wood-heating 

devices, including outdoor wood-frred boilers and other EPA-exempt wood 

burning devices, ahd subject them to the federal emission standards for 

woodstoves. These devices will no longer be able to be sold in Oregon unless they 

demonstrate compliance with federal emission standards. 

Effect on small business 

Businesses such as local hearth retailers that sell these uncertified (EPA-exempt) 

devices will incur reduced sales because they cannot sell these devices. While the 

loss of these sales will have a negative impact, overall the proposed rules are not 

expected to have a significant detrimental effect on their businesses because they 

1 Other DEQ rules and state building code also· prohibit the installation of uncertified woodstoves. 

Item H 000002 
Rule· adoption: Heat Smart Program 

February 16-18, 2011, EQC meeting 

Page3 of8 

Attachment 1.1, page 3 

will be selling different appliances, not necessarily fewer. The majority of small 

retail businesses, such as hearth products retailers, sell certified stoves and other 

heating devices such as pellet or natural gas stoves that would not be affected by 

DEQ's Heat Smart regulations. These devices make up the bulk of their retail 

sales, which could benefit from increased demand due to the requirement to 

remove uncertified stoves upon home sale. 

Outdoor wood boiler dealers 

These rules will have an adverse effect on small businesses that sell outdoor wood 

boilers. During the comment period, DEQ heard from four local wood boiler 

retailers, a wood boiler manufacturer, and the hearth products association about 

how DEQ's rules would prohibit the sale of these devices in Oregon_ DEQ 

understands those concerns; however, DEQ has serious concerns about the 

potential for excessive pollution from these devices and the subseque.nt health 

effects on local residents. With large fireboxes, smoldering fires, and short 

smokestacks, outdoor wood boilers can create heavy smoke and release it close to 

the ground, where it lingers and exposes the community to nuisance conditions 

and potential health risks. In particular, there are many areas in Oregon where 

residential wood burning can cause a community to exceed federal air quality 

health standards for particulate matter. These devices have become a problem in 

other areas of the U.S., and many cities have either banned outdoor wood boilers 

directly, or states like Washington have adopted vety stringent emission standards 

that effectively do not allow the sale of these devices in that state. 

DEQ has spent the past twenty years investing in various woodstove changeouts 

and education campaigns across Oregon to remove older, polluting uncertified 

woodstoves. Allowing uncertified outdoor wood boilers in Oregon could 

undermine past efforts to reduce particulate pollution. Once installed, these 

devices could emit high levels of pollution for several decades. With so many 

communities near or close to violating public health standards for fine particulate, 

these devices must be adequately regulated to protect public health. DEQ could 

revisit this issue in the future if new outdoor wood boiler technologies are 

developed that significantly reduce emissions from these devices to protect public 

health. 

Improved safety in the home . 

Removing older uncertified stoves from service upon home sale can also improve 

home safety. Based on experience, DEQ believes that many of the old, uncertified 

stoves were improperly installed or not inspected to ensure they met existing 

building codes. The use of older, uncertified stoves which produce more wood 

smoke leads to creosote buildup, posing a potential fire hazard. Stove removal 

upon home sale will lead to new, safety-inspected installations if the old stove is 

replaced with a new heating system. 

Item H 000003 
Attachment 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 

rules through technical assistance, outreach and a user-friendly reporting process. 

DEQ has been working with Realtors®, hearth dealers, chimney sweeps aod 

contractors for the past nine months to help inform them of the requirements by 

conducting trainings and providing educational materials so that they can help 

inform their clients ofthe law. Realtors® have been very effective in getting the 

word out about the requirements. DEQ has also established a web-based reporting 

tool to make it easier for homeowners to notify DEQ that they have removed and 

destroyed stoves. DEQ will continue to work closely with Realtors® to help 

inform homeowners of the requirements. . 

Burning prohibited materials indoors 

The proposed rules also establish penalties for the burning of prohibited materials 

indoors, as required under ORS 468A.467. The rules make the penalties consistent 

with existing f"mes associated with outdoor burning of prohibited materials. 

The coll1llrission has authority to take this action under ORS 468 and 468A. 

2009 legislation· 

DEQ worked with stakeholders on the 2009legislation to authorize the 

commission to set more stringent emission standards for a broader raoge of home 

heating devices and to require the removal ofimcertified woodstoves at the time 

of home sale. Stakeholders included representatives from the Oregon Hearth Patio 

aod Barbecue Association, the Oregon Association of Realtors and the League of 

Oregon Cities. 

Rule development 

DEQ advisory committee 

DEQ convened an advisory committee in April 2010 to discuss a number of 

practical issues regarding the implementation of the woodstove removal 

-requirement. The committee included a local government representative, real 

estate brokers, woodstove dealers, contractors and a metal recycler. Four of the 

com~Tiittee members were from Klamath Falls aod Medford, areas that already 

have similar ordinances for woodstove removal upon honie sale. These committee 

members provided insight on: the successes aod challenges of their programs. DEQ 

reconvened the committee in June 2010 to discuss the fiscal aod economic impacts 

o:fthe rule, specifically its imp>1cts on small businesses. A list of committee 

members is pr.ovided in attachment B. 

Public hearings 

DEQ published information on its website aod used its email subscription service 

to people about the advisory committee and proposed rulemaking. DEQ contacted 

Item H 000004 
Attachment 1.1, page 5 

Rule adoption: Heat Smart Program 

February HHB, 2011, EQC meeting 

Page 5 of8 

Public comment 

Key issueS 

over 2,500 people, including Realtors®, hearth products dealers and Oregon 

residents, who subscribed to receive updates on woodstove issues. DEQ also sent 

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

contacted the Oregon Construction Contracting Board to include information in its 

monthly newsletter that is distributed to all licensed contractors. DEQ presented 

information about the statutory requirements and proposed rules to five different 

Realtor® groups and the Oregon Hearth Patio and Barbecue Association. DEQ 

also held five public hearings in cities throughout the state. 

Cross-program coordination 

DEQ coordinated internally within the air and solid waste programs to ensure the 

metal recyclers, landfill operators and other potential "disposal" facilities were 

aware of the proposed rules and their potential impact. DEQ created a simple and 

easy process for a homeowner to dispose of an uncertified stove without adding 

any implementation burdens to any disposal facility. 

DEQ held a public comment period from Sept.21, 2010, through Oct. 29, 2010, 

which included.puhlic hearings in Medford, Eugene, Portland, Bums and 

Pendleton. Results of public input are provided in attachment C. 

In response to comments received during the public comment period, DEQ is 

proposing a few minor changes. Most of these changes help clarify the intent of 

the rule, such as further defining what is meant by a "used device," establishing a 

timeframe for how long a woodstove curtailment exemption lasts, and specifying 

the address information for a homeowner removing and destroying a stove. DEQ 

did make one substantive change regarding certification and testing for outdoor 

wood boilers, described in more detail under the key issues section. 

In order to clarify the rules, DEQ proposed to repeal and then readopt entire 

sections of the current rules. Though this might make the proposed revisions 

appear more extensive than they are, the proposed revisions essentially renumber 

the current rules, as well as make changes required by and related to Senate Bill 

I 02. Also, the public comments on the proposed rules did not raise concerns that 

the public was confused about the scope ofrevisiot)s in the proposed rules. 

Outdoor wood boilers 

In the proposed rules; DEQ is requiring that all solid fuel buming devices, 

including EPA-exempt heating devices such as outdoor wood boilers, meet federal 

testing and emission standards for woodstoves. This is based on DEQ's concems 

about emissions from the EPA-exempt devices that are currently not required to 

·meet any certification standard. 

Eight commenters, including retailers, the Hearth Patio and Barbecue Association, 

and a wood boiler manufacturer, indicated DEQ should re·gulate outdoor wood 

Item H 000005 
Attachment Ll, page 6 

. Rule adoption: Heat $mart Program 

February 16-18,2011, EOC meeting 

Page6 of8 

Next steps 

boilers under EPA's voluntary Phase 2 certification program for outdoor wood 

boilers. EPA's voluntary program was set up to achieve emissions reductions from 

outdoor wood boilers in the absence of a fedeml rule. ]ne voluntary certification 

program provides testing criteria and emissions requirements that outdoor wood 

boilers ml):st meet io order to qualify for the program. Currently, any outdoor 

wood boiler qua!if)riog for the program must meet Phase 2 requirements, under 

which devices must be at least 90 percent cleanei: than older, unqualified outdoor 

wood boilers. 

While EPA has established a voluntary outdoor wood boiler certification program, 

.even the cleanest outdoor wood boilers under this.program pollute too much to 

meet Oregon's air quality needs. According to the U.S. EPA, a Phase 2 outdoor 

wood boiler can emit 1.5 to three times more particle pollution than a certified 

woodstove. Outdoor wood boilers are designed to heat entire houses; if one were 

to compare similar home heating devices such as an oil or gas furnace, an outdoor 

wood boiler is 25 to 38 times higher emitting. In addition, DEQ also has concerns 

about several aspects of EPA's current voluntary test method for outdoor wood 

boilers. However, based on the public comment received, DEQ has revised the 

proposed rules to allow for DEQ approval of an emissions test methodology that a 

manufacturer can use to demonstrate that an outdoor wood boiler model meets· 

standards equivalent to EPA's woodstove emission standard? In the future, this 

could allow for Oregon sales of low-emission outdoor wood-fired boilers. 

DEQ also recognizes the substantial costs incurred by any homeowner who 

recently purchased an EPA-qualified Phase 1 or 2 outdoor wood boiler. In order to 

protect consumers who made an investment in these devices, DEQ has modified 

the rules to not require already installed EPA-qualified Phase 1 or 2 outdoor wood 

boilers from being removed at time of home sale. Homeowners with an EPAqualified outdoor wood boiler must notifY DEQ of this device to be exempt from 

the removal requirements. 

Outreach to homeowners, Realtors® and hearth retailers 

DEQ has been working closely with real estate associations, contractors, hearth 

products dealers arid chimney sweeps to help inform homeowners about the 

uncertified woodstove removal requirements. DEQ conducted five training 

sessions with Realtors®, developed a presentation that was disseminated to realtor 

offices throughout the state and provided handouts and fact sheets for Realtors® 

toprovide to homeowners. DEQ developed a web page for homeowners to 

2 EPA's current particulate matter emission standard for woodstoves equipped with a catalytic combustor is a 

weighted average of 4.1 glhr~ and for woodstoves without a catalytic combustor is a w~ighted average of7.5 gthr. 

EPA iS in the process of developing revisions to its woodstove regulations, which ·may tighten particular matlei · 

·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 not yet formally proposed any 

revisions, but plans to do so.in 2011. · 

Item H 000006 
Attachment 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 relative to the program and created an on-line reporting 

. form to make it easier for homeowners to notify DEQ of the woodstove removal. 

DEQ also worked with the Oregon Hearth Patio and Barbecue Association to have 

its members provide trainings and outreach to Realtors® all over the state. DEQ is 

continuing' to provide outreach materials and information for homeowners to keep 

them informed of the removal requirements. 

DEQ will inform hearth retailers and hardware stores that they cannot sell EPA 

exempt wood burning devices unless they are certified. DEQ will also contact 

outdoor wood boiler manufacturers and dealers to notifY their clients about 

registering any EPA-qualified Phase I or 2 devices with DEQ, so that the 

. homeowner will not be required to remove the device upon home sale. 

Enforcement 

Compliance withthe woodstove removal rules will occur primarily through 

education and awareness, which is similar to how DEQ currently enforces the sale 

of uncertified 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 information to their clients about the removal and 

destruction requirements. DEQ is also monitoring websites and other classified 

ads to stop any illegal sales of an uncertified stove. In addition, many insurance 

companies are now requiring the new homeowner to have proof of notification 

from DEQ that a stove has been removed and destroyed before they will insure the 

home. 

State Implementation Plan 

If approved, DEQ will submit the revised rules to EPA as a revision to the Oregon 

Clean Air Act Implementation Plan. 

A. 

B. 

c. 

D. 

E. 

F. 

G. 

]. 

2. 

3. 

4. 

5. 

Proposed rule revisions 

Summary of public comments and agency responses 

Presiding Officer's report on public hearings 

Relationship to Federal Requirements questions 

Statement ofNeed and Fiscal and Economic Impact 

Land Use Evaluation statement 

Advisory committee membership 

Senate Bill 102 as adopted June 18, 2009 

Legal Notice of Hearing 

Cover memorandum from public notice 

Written comment received 

Rule implementation plan 

Item H 000007 
Rule adoplion: Heat Smart Program 

· February 16-18, 2011: EQC meeting 

Page 8 of8 

Approved: 

Attachment 1.1, page 8 

Report prepared by: Rachel Sakata 

Phone:503-229-5659 

Item H 000008 
Attachment 2 

Evidence that the state has the necessary legal authority 

See Attachment 1.1 "Commission Authority" (page #4 of Staff Report, Agenda Item H of 

the February 16-18, 2011 EQC meeting) 

Attachment 3 

Provisions submitted for approval 

3 .I Adopted and amended rules submitted to Secretary of State 

3.la Enforcement Procedure and Civil Penalties: OAR 340-012-: 0054*, 0140*. 

Effective February 17,2011 

3.1 b General Air Pollution Procedures and Definitions: OAR 340-200-: 0040. 

Effective February 17, 2011 

3 .I c Heat Smart Program for Residential W oodstoves 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 of State 

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 of Oregon Clean Air Act State Implementation Plan but 

are being submitted to show a complete account of the rulemaking package. 

Attachment 3 .I, page I 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

DIVISION 12 

ENFORCEMENT PROCEDURE AND CIVIL PENAL TIES 

340-012-0054 

Air Quality Classification of Violations 

(!)Class I: 

(a) Constructing a new source or modifying an existing source without first obtaining a 

required New Source Review/Prevention of Significant Deterioration (NSR/PSD) permit; 

(b) Operating a major source, as defined in OAR 340-200-0020, without first obtaining the 

required penni t; 

(c) Exceeding a Plant Site Emission Limit (PSEL ); 

(d) Failing to install control equipment or meet performance standards as required by New 

Source Performance Standards under OAR 340 division 238 or National 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) or violating 

an operational or process standard, that was established pursuant to New Source 

Review/Prevention of Significant Deterioration (NSR/PSD), or the Western Backstop 

S02 Trading Program; 

(h) Exceeding an emission limit or violating an operational or process standard that was 

established to 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 perform testing or monitoring, required by a permit, 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 set pursuant to New Source 

Review/Prevention of Significant Deterioration (NSR/PSD), National Emission 

Standards for Hazardous Air Pollutants (NESHAP), New Source Performance Standards 
Attachment 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) of the Federal Clean Air Act; 

(k) Causing emissions that are a hazard to public safety; 

(1) Violating a work practice requirement for asbestos abatement projects; 

(m)Storing or accumulating friable asbestos material or asbestos-containing waste material; 

(n) Conducting an asbestos abatement project, 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 contractor to conduct an asbestos abatement project; 

( q) Openly burning materials which are prohibited from being open burned anywhere in the 

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 vapor recovery equipment. 

( s) Delivering for sale a noncompliant vehicle by an automobile manufacturer in violation of 

Oregon Low Emission Vehicle rules set forth in OAR 340 division 257. ·· 

(t) Exceeding an Oregon Low Emission Vehicle average emission limit set forth in OAR 

340 division 257. 

(u) Failing to comply with Zero Emission Vehicle (ZEV) sales requirements set forth in 

OAR 340 division 257. 

(v) Failing to obtain a Motor Vehicle 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 of Oregon Low Emission 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 the terms or conditions of a 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 or VOC 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, or plan as required by rule or permit, 

unless otherwise classified; 

(h) Failing to timely submit a pennit application or permit renewal application; 

(i) Failing to comply with the open burning requirements for commercial, construction, 

demolition, or industrial wastes in violation of OAR 340-264-0080 through 0180; 

G) Failing to comply with open burning requirements in violation of any provision of OAR 

340 division 264, unless otherwise classified; or burning 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 vapor tight integrity and efficiency of a stage I or stage II vapor collection 

system; 

(I) Failing to provide notification of an 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 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 perform testing or monitoring required by a permit, rule or order where missing 

data can be reconstructed to show compliance 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 

Permit without 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 proper notification of an 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 of Oregon 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; 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 of Base 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 of the violation to 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: 

(A) Any violation of an air quality statute, rule, permit or related order committed by a 

person that has or should have a Title V permit or an Air Contaminant Discharge 

Permit (ACDP) issued pursuant to New Source Review (NSR) regulations or 
Attachment 3.1, page 5 

Prevention of Significant Deterioration (PSD) regulations, or section 112(g) of the 

federal Clean Air Act. · 

(B) Open burning violations as follows: 

(i) Any violation of an open burning statute, rule, permit or related order committed 

by a permitted industrial facility. 

(ii) Any violation of OAR 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 of the Oregon Low Emission Vehicle rules (OAR 340-257) by an 

automobile manufacturer. 

(D) Any violation of 468B.025(1)(a) or (l)(b), or ofORS 468B.050(1)(a) by a person · 

without an National Pollutant Discharge Elimination System (NPDES) permit. 

(E) Any violation of a water quality statute, rule, permit or related order by: 

(i) A person that has a NPDES permit, or that has or should have a Water Pollution 

Control Facility (WPCF) permit, for a municipal or private utility sewage 

treatment facility with a permitted flow of five million or more gallons per day. 

(ii) A person that has a major industrial source NPDES pennit. 

(iii)A person that has a population of 100,000 or more, as determined by the most 

recent national census, and either has or should have a WPCF Municipal 

Stormwater Underground Injection Control (UIC) System Permit, or has 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 major mining operation involving over 500,000 cubic 

yards per year, or for 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 of an underground storage tanks statute, rule, permit or related order 

committed by the owner, operator or permittee of 10 or more 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 of a heating oil tank statute, rule, permit, license or related. order 

committed by a person who is licensed or should be licensed by the department to 

perform heating oil tank services. 

(H) Any violation of ORS 468B.485, or related rules or orders regarding financial 

assurance for ships transporting hazardous materials or oiL 

(I) Any violation of a 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 or used oil marketer. 

(J) Any violation of a hazardous waste statute, rule, permit or related order by: 

(i) A person that 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 of an oil and hazardous material spill and release statute, rule, or 

related order. 

(L) Any violation of a polychlorinated biphenyls (PCBs) management and disposal 

statute, rule, permit or related order. 

(M) Any violation of ORS Chapter 465, UST or enviromnental cleanup statute, rule, 

related order or related agreement. 

(N) Unless specifically listed under another penalty matrix, any violation of ORS 

Chapter 459 or any violation of a solid waste statute, nile, permit, or related order 

committed by: 

(i) A person that has or should have a solid waste disposal permit. 

(ii) A person with a population of 25,000 or more, 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; 

(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 of an air quality statute, rule, permit or related order committed by a 

person that has or should have an ACDP pennit, except for NSR, PSD and Basic 

ACDP permits. 

(B) Any violation of an asbestos statute, rule, permit or related order except those 

violations listed in section (5) of this rule. 

(C) Any violation of a vehicle inspection program statute, rule, permit or related order 

committed by an auto repair facility. 

(D) Any violation of the Oregon Low Emission Vehicle rules (OAR 340-257) by an 

automobile dealer or an automobile rental agency. 

(E) Any violation of a water quality statute, rule, permit or related order committed by: 

(i) A person that has a NPDES Permit, or that has or should have a WPCF Permit, 

for a municipal or private utility sewage treatment facility with a permitted 

flow of two 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 Storm water Discharge 1200-C 

General Permit for a construction site of one acre or more, but less than five 

acres in size and except for an NPDES 700-PM General Permit for suction 

dredges. 

(iv) A person that has a population of less than 100,000 but more than 10,000, as 

determined by the most recent 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 permit for a mining operation 

involving from I 00,000 up to 500,000 cubic yards other than those 

operations using chemical leachate or froth flotation. 

(vi) A person that owns, and that has or should have registered, a UIC system that 

disposes of wastewater other than storm water or sewage. 

(F) Any violation of an UST statute, rule, permit or related order committed by a person 

who is the owner, operator or permittee of five to nine UST facilities. 

(G) Unless specifically listed under another penalty matrix, any violation of ORS 

Chapter 459 or other solid waste statute, rule, permit, or related order committed by: 

(i) A person that has or should have a waste tire permit; or 

(ii) A person with a population of more than 5,000 but less than or equal to 

25,000, as determined by the most recent national census. 

(H) Any violation of a hazardous waste management statute, rule, permit or related 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 of any statute, rule, permit, license, or order committed by a person 

not listed under another penalty matrix. 

(B) Any violation of an air quality statute, rule, permit or related order committed by a 

person not listed under another penalty matrix. 

(C) Any violation of OAR 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 of a vehicle inspection program statute, rule, permit or related order 

committed by a natural person, except for those violations listed in section (5) of this 

rule. 

(E) Any violation of a water quality statute, rule, permit, license or related order not 

listed under another penalty matrix and committed by: 

(i) A person that has an NPDES permit, or has or should have a WPCF permit, for a 

municipal or private utility wastewater treatment facility with a permitted flow of 

less than two million gallons per day. 

(ii) A person that has or should have applied for coverage under an NPDES 

Storm water 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 an NPDES MS4 Stonnwater Discharge 

Permit or has 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 of storm water or sewage. 

(vi)A person that has or should have a WPCF individual stormwater UIC system 

permit. 

(F) Any violation of an onsite sewage disposal statute, rule, permit or related order, 

except for a violation committed by the residential owner-occupant. 

(G) Any violation of an UST statute, rule, permit or related order if the person is the 

owner, operator or permittee of two to four UST facilities. 
Attachment 3.1, page 10 

(H) Any violation, except a violation related to a spill or release, of a used oil statute, 

rule, permit or related order committed by a person that is a used oil generator. 

(I) Unless listed under another penalty matrix, any violation of a hazardous waste 

management statute, rule, permit or related order committed by a person that is a 

conditionally exempt generator if the violation does not impact the person's 

generator status. 

(J) Any violation of ORS 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 

by the most recent national census. 

(K) Any violation of the labeling requirements ofORS 459A.675 through 459A.685. 

(L) Any violation of rigid pesticide container disposal requirements by a conditionally 

exempt generator of hazardous 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 of an open burning statute, rule, permit or related order committed by 

a residential owner-occupant at the residence, not listed under another penalty 

matrix. 

(B) Any violation of visible emissions standards by operation of a vehicle. 
Attachment 3.1, page 11 

(C) Any violation of an asbestos statute, rule, permit or related order committed by a 

residential owner-occupant. 

(D) Any violation of an onsite sewage disposal statute, rule, permit or related order of 

OAR chapter 340, division 44 committed by a residential owner-occupant. 

(E) Any violation of an UST statute, rule, permit or related order committed by a person 

who is the owner, operator or permittee of one UST facility. 

(F) Any violation of an HOT statute, rule, permit or related order not listed under 

another penalty matrix. 

(G) Any violation of a dry cleaning facility statute, rule, permit or related order. 

(H) Any violation of a statute, rule, permit or order relating to rigid plastic containers, 

except for violation of the labeling requirements under OAR 459A.675 through 

459A.685. 

(I) Any violation of a statute, rule or order relating to the opportunity to recycle. 

(J) Any violation of OAR chapter 340, division 262 or other statute, rule or order 

relating to solid fuel burning devices, except a violation related to the sale of new or 

used solid fuel burning devices or the removal and destruction of used solid fuel 

burning devices. 

(K) Any violation of an UIC system statute, rule, permit or related order by a residential 

owner-occupant, when the UIC disposes of stormwater 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-- $!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. 6-29-06 
340-200-0040 

DIVISION 200 

GENERAL AIR POLLUTION 

PROCEDURES AND DEFINITIONS 

State of Oregon Clean Air Act Implementation Plan 

Attachment 3 .I, page 13 

(1) (This imp1ementationplan, consisting of Volumes 2 and 3 ofthe State of Oregon Air 

Quality Control Program, contains control strategies, rules and standards prepared by the 

Department of Environmental Quality and is adopted as the state implementation plan (SIP) 

of the State of Oregon pursuant to the federal Clean Air Act, 42 U.S.C.A 7401 to 7671q. 

(2) Except as provided in section (3), revisions to the SIP will be made pursuant to the 

Commission's rulemaking procedures in division 11 of this 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 in the SIP, the Department may: 

(a) Submit to the Environmental Protection Agency any permit condition implementing a 

rule that is part of the federally-approved SIP as a source-specific SIP revision after the 

Department has complied with the public hearings provisions of 40 CFR 51.102 (July 1, 

2002); and 

(b) Approve the standards submitted by a regional authority if the regional authority adopts 

verbatim any standard that the Commission has adopted, and submit the standards to EPA 

for approval as a SIP revision. 

NOTE: Revisions to the State of Oregon Clean Air Act Implementation Plan become federally 

enforceable upon approval by the United States Environmental Protection Agency. If any provision of the 

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. 5-21-10 
Attachment 3.1, page 15 

DIVISION 262 

HEAT SMART PROGRAM FOR RESIDENTIAL WOODSTOVES AND OTHER SOLID 

FUEL HEATING DEVICES 

340-262-0400 

Purpose and Applicability of Rules 

(1) The State of Oregon promotes the use of cleaner solid fuel burning devices to reduce smoke 

created from wood heating and other solid fuels. Smoke from wood burning can be a 

significant source of air pollution and can have serious health consequences for people with 

asthma, respiratory or heart conditions or other illnesses. Children and the elderly are 

especial! y at risk. 

(2) This Division regulates the sale and use of residential and commercial 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.l 00 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 of Oregon 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.l00 to 468A.l80 

340-262-0450 

Definitions 

The definitions in OAR 340-200-0020 and this rule apply to this Division. If OAR 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 of Federal 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 primary purpose of 

cooking food. 

( 6) "Dealer" means a person that sells solid fuel burning devices to retailers or other dealers for 

resale. For the purpose of this Division, a dealer that is also an Oregon retailer shall be 

considered to be only a retailer. 

(7) "DEQ" means Oregon Department ofEnviromnental Quality. 

(8) "Destroy" means to demolish or decommission to the extent that restoration or reuse 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 and that 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) 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) Heat building space and/or water via the distribution, typically through pipes, of a 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 burning device or constructs parts for solid fuel burning devices. 

(15) "Masonry heater" means a site-built or site-assembled, solid fueled heating device 

constructed of structural 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 of Solid Fuel Burning Masonry Heaters." 

(16) "New solid fuel burning device" or "new device" means a solid fuel burning device defined 

under ORS 468A.485(4)(a) that has not been 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 in pellet stoves, as its primary source of fuel. 

(20) "Phase 1 emission level qualified model" is a model of a hydronic heater that achieves an 

average emission level of 0.60 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 of EPA's acceptance of the model as a qualified 

model. 

(21) "Phase 2 emission level qualified model" is a model of a hydronic heater that achieves an 

average emissions level of 0.32 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 of fine 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 of EPA's 

acceptance of the model as a qualified model pursuant to 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 of solid fuel burning devices directly to 

consumers. 

(24) "Solid fuel burning 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 of less 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) "Trash burner" means any equipment that is used to dispose of waste by burning and has not 

been issued an air quality permit under ORS 468A.040. 

(26) "Treated Wood" means wood of any 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 that has 

been sold, bargained, exchanged, given away, or otherwise has had its ownership 

transferred. 

[NOTE: This rule is included in the State of Oregon 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 

Certification of Solid 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 pursuant to: 

(a) 40 CPR part 60, subpart AAA, as in effect on July 1, 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 1, 1986 pursuant to ORS 468A.480. 

(3) By order, the department may certify any hydronic heater that has been accepted by EPA as 

a Phase 1 or Phase 2 emission level qualified model pursuant to the EPA Hydronic Heater 

Program, and that meets the requirements of subsections (a) and (b) below: 

(a) The hydronic heater must have a permanent "qualifYing label" attached that meets the 

requirements of the EPA Hydronic Heater Program Phase 2 Partnership Agreement or 

similar agreement for the EPA Phase 1 program; and 

(b) The hydronic heater must have been installed by March 1, 2011, and the owner of the 

hydronic heater must confirm notice of installation 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 been tested using 

a test method that is equivalent to the test methods in 40 CFR part 60, subpart AAA as in 

effect on July I, 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 department shall maintain a list of all devices certified pursuant to this rule. 

[NOTE: This rule is included in the State of Oregon 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 

340-262-0600 

New and Used Solid Fuel Burning Devices Sold in Oregon 

(1) No person may advertise to sell, offer to sell or sell a new or used solid fuel burning device 

in Oregon unless: 

(a) The device has been certified 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, or in the case of a 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; and 
Attachment 3.1, page 20 

(g) Saunas. 

(3) Exempt consumer transactions. Consumer transactions are exempt from this rule, if the 

consumer: 

(a) Sells a used solid fuel burning device to a person in the business of reusing, 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 or EPA authorized labels. 

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan 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 of Used Solid Fuel Burning Devices 

(1) Unless exempt under section (4), when a residential structure is sold in Oregon, all used 

solid fuel burning devices must be removed and destroyed if the devices were not certified 

for sale as new by DEQ or EPA and are not permanently labeled as certified, or in the case 

of a hydronic heater is permanently labeled as a Phase 1 or Phase 2 emission level qualified 

model, with a label authorized by DEQ or EPA. 

(2) The removal and destruction of a used solid fuel burning device is the responsibility of the 

seller of the residential structure, unless the seller and buyer agree in writing that it is the 

buyer's responsibility. If the seller retains responsibility, the seller shall remove and destroy 

the device prior to the closing date of the sale of the residential structure. If the buyer 

accepts responsibility, the buyer shall remove and destroy the device within 30 days after 

the closing date of the sale of the residential structure. 

(3) The seller or buyer, as determined pursuant to sections (1) and (2), must: 

(a) Remove all used solid fuel burning devices on the real property sold with the 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, 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 of being used as heating devices. 
Attachment 3 .I, page 21 

(c) Obtain a receipt from the place of destruction that verifies the delivery of all used solid 

fuel burning devices. The receipt must include: 

(A) Date of delivery to place of destruction; 

(B) Name and address for the place of destruction; and 

(C) Description of all used solid fuel burning devices delivered for destruction. 

(d) NotifY DEQ of the removal and destruction of all 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 of the person removing the 

stove; 

(B) Address and tax lot number of the residential structure being sold; 

(C) Closing date of sale of the residential structure if the buyer is the responsible party, 

or the estimated closing date of sale if the 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 of the 

certifying 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 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.515 
Attachment 3. 1, page 22 

340-262-0800 

Wood Burning and Other Heating Devices Curtailment Program 

(I) Applicability. 

(a) The wood burning and other heating devices curtailment program applies to any portion 

of the state where required as an emission reduction strategy or contingency plan for 

PMIO or PM 2.5 nonattainment or maintenance areas as an element of the State of 

Oregon Clean Air Act Implementation Plan adopted under OAR 340-200-0040. 

(b) If a local government or regional authority has not adopted or is not adequately 

implementing a curtailment program in any area of the state where such a program is 

required, the Department will operate and enforce a program to curtail solid fuel heating 

during periods of air stagnation. 

(c) To determine whether a local government orregional authority has failed to adopt or 

adequately implement a curtailment program, the Department shall consider whether a 

local government or regional authority: 

(B) Has adopted an ordinance that requires the curtailment of solid fuel heating at 

forecasted air pollution levels which are consistent with the curtailment conditions and 

requirements specified in sections (3) and ( 4); 

(C) Is issuing on a daily basis, curtailment advisories to the public consistent with 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. Curtailed heating under this 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 of the 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; and 

(c) Pellet stoves, unless the pellet stove is located in a nonattainment area in this 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 PMIO or PM 2.5 

nonattainment areas. The program must designate a: 
Attachment 3 .I, page 23 

(a) Stage I advisory when the PM! 0 or PM 2.5 standard is being approached; and 

(b) Stage II advisory when an exceedance of the 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 of solid 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 not certified for sale as new by DEQ or EPA, during a 

designated Stage I advisory when the PM! 0 or PM2.5 standard is being approached. 

(b) All heating by means of solid 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 ), whether or not those devices were certified for sale as new by DEQ or 

EPA, during a designated Stage II advisory when an exceedanee of the 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 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) Must monitor compliance with the wood burning curtailment program 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 of a violation subject to 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 of the previous year tax 

returns with redacted Social Security Numbers. 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 of the 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 of the household or solid fuel 

burning device. DEQ shall notifY the person claiming exempt status of the: 

(a) Approval of exempt status and the dismissal of the enforcement action under section (6); 

or 

(b) Denial of exempt status including the reason. 

(9) Suspension of Department program. DEQ shall suspend the operation and enforcement of 

(2) through (8) of this rule if the Department determines the local government or regional 

authority has adopted and is adequately implementing a wood burning and other heating 

devices curtailment program that is at least as stringent as the program outlined in this rule. 

[NOTE: This rule is included in the State of Oregon 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 

340-262-0900 

Materials Prohibited from Burning 

No person may cause or allow any of the following materials to be burned in a solid fuel burning 

device, fireplace, a trash burner or any other device described in ORS 468A.485( 4)(b ): 

(1) (a) Garbage; 

(b) Treated wood; 

(c) Plastic or plastic products; 

(d) Rubber or rubber products; 

(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 or paper products, except for paper used to kindle a fire. 

Stat. Auth.: ORS 468 & ORS 468A 

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

Attachment 3 .2, page I 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

DIVISION 12 

ENFORCEMENT PROCEDURE AND CIVIL PENALTIES 

340-012-0054 

Air Quality Classification of Violations 

(1) Class I: 

(a) Constructing a new source or modifying an existing source without first obtaining a 

required New Source Review/Prevention of Significant 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 or meet perfom1ance standards as required by New 

Source Performance Standards under OAR 340 division 238 or National 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) or violating 

an operational or process standard, that was established pursuant to New Source 

Review/Prevention of Significant Deterioration (NSR/PSD), or the Western Backstop 

S02 Trading Program; 

(h) Exceeding an emission limit or violating an operational or process standard that was 

established to 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 perform testing 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 set pursuant to New Source 

Review/Prevention of Significant Deterioration (NSR/PSD), National Emission 

Standards for Hazardous Air Pollutants (NESHAP), New Source Performance Standards 
Attachment 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), Lowest Achievable Emissions Rates (LAER) 

or adopted pursuant to section 111 (d) of the Federal Clean Air Act; 

(k) Causing emissions that are a hazard to public safety; 

(I) Violating a work practice requirement for asbestos abatement projects; 

(m)Storing or accumulating friable asbestos material or asbestos-containing waste material; 

(n) Conducting an asbestos abatement project, 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 contractor to conduct an asbestos abatement project; 

(q) Openly burning materials which are prohibited from being open burned anywhere in the 

state by OAR 340-264-0060(3), or bmning 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 vapor recovery equipment. 

(s) Delivering for sale a noncompliant vehicle by an automobile manufacturer in violation of 

Oregon Low Emission Vehicle rules set forth in OAR 340 division 257. 

(t) Exceeding an Oregon Low Emission Vehicle average emission limit set forth in OAR 

340 division 257. 

(u) Failing to comply with Zero Emission Vehicle (ZEV) sales requirements set forth in 

OAR 340 division 257. 

(v) Failing to obtain a Motor Vehicle Indirect Source Permit as required in OAR 340 division 

257. 

(w) Selling, leasing, or renting a noncompliant vehicle by al) automobile dealer or rental car 

agency in violation of Oregon Low Emission 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 3.2, page 3 

(b) Violating the terms or conditions of a 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 a Volatile Organic Compound (VOC) emission standard, operational 

requirement, control requirement or VOC 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, or plan as required by rule or pennit, 

unless otherwise classified; 

(h) Failing to timely submit a permit application or permit renewal application; 

(i) Failing to comply with the open burning requirements for commercial, construction, 

demolition, or industrial wastes in violation of OAR 340-264-0080 through 0180; 

(j) Failing to comply with open bmning requirements in violation of any provision of OAR 

340 division 264, unless otherwise classified; or buming 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 vapor tight integrity and efficiency of a stage I or stage II vapor collection 

system; 

(I) Failing to provide notification of an 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 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 or monitoring required by a pennit, rule or order where missing 

data can be reconstructed 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 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 proper notification of an 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 of Oregon 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; 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 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 of Base 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 of the violation to 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 of an air quality statute, rule, permit or related order committed by a 

person that has or should have a Title V permit or an Air Contaminant Discharge 

Permit (ACDP) issued pursuant to New Source Review (NSR) regulations or 

Prevention of Significant Deterioration (PSD) regulations, or section 112(g) of the 

federal Clean Air Act. 

(B) Open burning violations as follows: 

(i) Any violation of an open burning statute, rule, permit or related order committed 

by a permitted industrial facility. 

(ii) Any violation of OAR 340-264-0060(3) in which 25 or more cubic yards of 

prohibited materials or more than 15 tires are burned, except when committed by 

a residential owner-occupant. 

(C) Any violation of the Oregon Low Emission Vehicle rules (OAR 340-257) by an 

automobile manufacturer. 

(D) Any violation of 468B.025(1)(a) or (!)(b), or of ORS 468B.050(1)(a) by a person 

without an National Pollutant Discharge Elimination System (NPDES) permit. 

(E) Any violation of a water quality statute, rule, permit or related order by: 

(i) A person that has a NPDES permit, or that has or should have a Water Pollution 

Control Facility (WPCF) permit, for a municipal or private utility sewage 

treatment facility with a permitted flow of five million or more gallons per day. 

(ii) A person that has a major industrial source NPDES permit. 

(iii)A person that has a population of 100,000 or more, as determined by the most 

recent national census, and either has or should have a WPCF Municipal 

Stormwater Underground Injection Control (UIC) System Permit, or has a 

NPDES Municipal Separated Storm Sewer Systems (MS4) Stormwater 

Discharge Permit. 

(iv)A person that 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, or for 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 of an underground storage tanks statute, rule, permit or related order 

committed by the owner, operator or permittee of 10 or more UST facilities or a 
Attachment 3 .2, page 6 

person who is licensed or should be licensed by the department to perform tank 

servrces. 

(G) Any violation of a heating oil tank statute, rule, permit, license or related order 

committed by a person who is licensed or should be licensed by the department to 

perform heating oil tank services. 

(H) Any violation of ORS 468B.485, or related rules or orders regarding financial 

assurance for ships transporting hazardous materials or oil. 

(I) Any violation of a 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 or used oil marketer. 

(J) Any violation of a hazardous waste statute, rule, permit or related order by: 

(i) A person that 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 of an oil and hazardous material spill and release statute, rule, or 

related order. 

(L) Any violation of a polychlorinated biphenyls (PCBs) management and disposal 

statute, rule, permit or related order. 

(M) Any violation of ORS Chapter 465, UST or enviromnental cleanup statute, rule, 

related order or related agreement. 

(N) Unless specifically listed under another penalty matrix, any violation of ORS 

Chapter 459 or any violation of a solid waste statute, rule, permit, or related order 

committed by: 

(i) A person that has or should have a solid waste disposal permit. 

(ii) A person with a population of 25,000 or more, 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 of an air quality statute, rule, permit or related order committed by a 

person that has or should have an ACDP permit, except for NSR, PSD and Basic 

ACDP permits. 

(B) Any violation of an asbestos statute, rule, permit or related order except those 

violations listed in section (5) of this rule. 

(C) Any violation of a vehicle inspection program statute, rule, permit or related order 

committed by an auto repair facility. 

(D) Any violation of the Oregon Low Emission Vehicle rules (OAR 340-257) by an 

automobile dealer or an automobile rental agency. 

(E) Any violation of a water quality statute, rule, permit or related order committed by: 

(i) A person that has a NPDES Permit, or that has or should have a WPCF Permit, 

for a municipal or private utility sewage treatment facility with a permitted 

flow of two 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 of one acre or more, but less than five 

acres in size and except for an NPDES 700-PM General Permit for suction 

dredges. 

(iv) A person that has a population of less than I 00,000 but more than I 0,000, as 

determined by the most recent national census, and has or should have a 
Attachment 3.2, page 8 

WPCF Municipal Stormwater UIC System Permit or has an NPDES MS4 

Stormwater Discharge Permit. 

(v) A person that has or should have a WPCF permit for a mining operation 

involving from 100,000 up to 500,000 cubic yards other than those 

operations using chemical leachate or froth flotation. 

(vi) A person that owns, and that has or should have registered, a UIC system that 

disposes of wastewater other than storm water or sewage. 

(F) Any violation of an UST statute, rule, permit or related order committed by a person 

who is the owner, operator or permittee of five to nine UST facilities. 

(G) Unless specifically listed under another penalty matrix, any violation of ORS 

Chapter 459 or other solid waste statute, rule, permit, or related order committed by: 

(i) A person that has or should have a waste tire permit; or 

(ii) A person with a population of more than 5,000 but less than or equal to 

25,000, as determined by the most recent national census. 

(H) Any violation of a hazardous waste management statute, rule, permit or related 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: 
Attachment 3 .2, page 9 

(a) The $2,500 penalty matrix applies to the following: 

(A) Any violation of any statute, rule, permit, license, or order committed by a person 

not listed under another penalty matrix. 

(B) Any violation of an air quality statute, rule, permit or related order committed by a 

person not listed under another penalty matrix. 

(C) Any violation of OAR 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 of a vehicle inspection program statute, rule, permit or related order 

committed by a natural person, except for those violations listed in section (5) of this 

rule. 

(E) Any violation of a water quality statute, rule, permit, license or related order not 

listed under another penalty matrix and committed by: 

(i) A person that has an NPDES permit, or has or should have a WPCF permit, for a 

municipal or private utility wastewater treatment facility with a permitted flow of 

less than two million gallons per day. 

(ii) A person that has or should have applied for coverage under an NPDES 

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] 0,000 or less, as determined by the most 

recent national census, and either has an NPDES MS4 StormwaterDischarge 

Permit or has 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 of stormwater or sewage. 

(vi)A person that has or should have a WPCF individual stormwater UIC system 

permit. 

(F) Any violation of an onsite sewage disposal statute, rule, permit or related order, 

except for a violation committed by the residential owner-occupant. 

(G) Any violation of an UST statute, rule, permit or related order if the person is the 

owner, operator or permittee of two to four UST facilities. 
Attachment 3.2, page 10 

(H) Any violation, except a violation related to a spill or release, of a used oil statute, 

rule, permit or related order committed by a person that is a used oil generator. 

(I) Unless listed under another penalty matrix, any violation of a hazardous waste 

management statute, rule, permit or related order committed by a person that is a 

conditionally exempt generator if the violation does not impact the person's 

generator status. 

(J) Any violation of ORS 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 

. by the most recent national census. 

(K) Any violation of the labeling requirements of ORS 459A.675 through 459A.685. 

(L) Any violation of rigid pesticide container disposal requirements by a conditionally 

exempt generator of hazardous 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 of an open burning statute, rule, permit or related order committed by 

a residential owner-occupant at the residence, not listed under another penalty 

matrix. 
Attachment 3 .2, page II 

(B) Any violation of visible emissions standards by operation of a vehicle. 

(C) Any violation of an asbestos statute, mle, permit or related order committed by a 

residential owner-occupant. 

(D) Any violation of an onsite sewage disposal statute, mle, permit or related order of 

OAR chapter 340, division 44 committed by a residential owner-occupant. 

(E) Any violation of an UST statute, rule, permit or related order committed by a person 

who is the owner, operator or permittee of one UST facility. 

(F) Any violation of an HOT statute, mle, pennit or related order not listed under 

another penalty matrix. 

(G) Any violation of a dry cleaning facility statute, rule, permit or related order. 

(H) Any violation of a statute, rule, permit or order relating to rigid plastic containers, 

except for violation of the labeling requirements under OAR 459A.675 through 

459A.685. 

(I) Any violation of a statute, rule or order relating to the opportunity to recycle. 

(J) Any violation of OAR 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 of new or used solid fuel burning deviceswoodstove.s or the removal and 

destruction of used solid fuel burning devices. 

(K) Any violation of an UIC system statute, mle, permit or related order by a residential 

owner-occupant, when the UIC disposes of stonnwater 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-- $1 000; 

(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. 6-29-06 
340-200-0040 

DIVISION 200 

GENERAL AIR POLLUTION 

PROCEDURES AND DEFINITIONS 

State of Oregon Clean Air Act Implementation Plan 

Attachment 3.2, page 13 

(1) (This implementation plan, consisting of Volumes 2 aod 3 of the State of Oregon Air 

Quality Control Program, contains control strategies, rules aod standards prepared by the 

Department of Enviromuental Quality aod is adopted as the state implementation plao (SIP) 

of the State of Oregon pursuaot to 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 pursuant to the 

Commission's rulemaking procedures in division 11 ofthis chapter and any other 

requirements contained in the SIP aod will be submitted to 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 any permit condition implementing a 

rule that is part of the federally-approved SIP as a source-specific SIP revision after the 

Department has complied with the public hearings provisions of 40 CFR 51.102 (July 1, 

2002); aod 

(b) Approve the standards submitted by a regional authority if the regional authority adopts 

verbatim any standard that the Commission has adopted, and submit the standards to EPA 

for approval as a SIP revision. 

NOTE: Revisions to the State of Oregon Clean Air Act Implementation Plan become federally 

enforceable upon approval by the United States Environmental Protection Agency. If any provision of the 

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; 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. 5-21-10 
Attachment 3.2, page 15 

DIVISION 262 

HEAT SMART l'ROGRAM FOR RESIDENTIAL WOOOSTOVES AND OTHER SOLII) 

FUEL HEATING DEVICES WOODHEATINC 

349--262 (J()l!} 

:f..fle p~o~rpose of this Division is to establish rules to control, reduce and prevent air pollution 

caused by residential vroodheating-eE.l.issiBJ.J.& 

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation-Pian-as 

adopted by the Environmental Quality Commission under OAR 3 4 0 200 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. If the 

same term is defined 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 of the 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 of this Division. 

(8) "Destroy" means to demolish-t&st~ch an extent that restoration is impossible. 

~epartmeat" means the Oregoo-f)epartment of Environmental Quality. 

(10) "Director" means the Director of the Department or the Director's authorized delegates. 

(11) "EPA" means the United-States Environmental Protection Agencr. 

(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 opening made 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 not had its ownership transferred from the person who first acquired the 

woodstove from-the-manufacturer's dealer or agency, and has not been so used to have become 

vvhat is commonly lcnown as "second hand" within the ordinary meaning of that tem1. 

(16) "Pe!letstove" means a woodbuming heating appliance whieh uses wood pellets as its 

primary source of fuel. 

(17) "Retailer" means any person engaged in the sale of woodstoves directly to consumers. 

(1 8) "Used \Voodstove" means any woodstove that has 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 of and 

intended for spaee heating ana domestic water heating that meets all of the following eriteria: 

(a) An air to fuel ratio in the combustion chamber averaging less than 3 5 to 1 as determined :ey 

the test procedure preseribed in federal regulations, 4(1 CFR, Part 6(1, Subpart fJ . .,'\, §60.534 

performed at an aecredited laboratory; 

(b) A usable firebox volume of less than 20 cubie feet; 

(c) A minimum bum rate less than 5 kg/hr as determined by the test procedure prescribed-in 

federal regulations, 4(1 CFR, Part-(;(), Subpart AAA, §60.534 performed at an aecredited 

laboratory; and 
Attachment 3 .2, page 17 

(d) A maximum weight of 800 kg. In determining the-weight of an 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 of the appliaucc-ef 

heat distribution dueling, shall not be included. 

f:'N()TE: This rule is included in the State of Oregon Clean Air AeE-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 of Woodstaves 

(1) Requirements applicable to the sale of new woodstoves; 

(a) No person shall advertise to sell, offer to sell, or sell-a-new woodst~ 

wwdsteve-has-bcon-labeled for heating efficiency aud tested, certified and labe~ilflioo 

pe-rforman€c..in.conroauce with 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 alter the permauent certification label-ID 

any way from the-fabel approved by the Administrator pursuaut to federal regulations, 40 CFR, 

PaFt 60, 8ubpaFt AAA; 

(c)-Ne-manufeoturer, dealer c..frBm the label 

approved by the Administrator pursuant to 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-or the Administrator on or after July I, 1986, 

in accordance with emission performance-and-heating efficiency criteria applicable at the 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 of a used woodstove that has not been certified by the Department 

to a person in the business of reusing, reclaiming or recycling scrap metal to be destroyed or used 

as scrap metal; 

(b) The remittance of a used woodstove that has notbeen-eertified by the-Department 

eonslnner to a retailer for the purpose of receiving a reduction in pr~tial 

heating system. 

[NOTE: This rule is included in the State of Oregon Glean Air Act Implementation Plan as 

adopted by the Environmental Quality Commission under OAR 3 4 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 of woodstoves; 

(b) 0,\R 310 262 00-30(2), requirements applicable to the sale of used 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 of and 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 of exemption 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 exempt from the requirements of: 

(a) OAR 340 262 0030(2), requirements applicable to the sale of used woedsteves; and 
Attachment 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 of the-federal poverty level is exempt from the 

requirement of OAR 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 of Healt!Htn4-HB.man Services, 

(6) A woodstove operated in a residence that is equipped solely with '.voodheat is exempt from 

the requirements of OAR 340 262 0200 through 340 262 0250, woodburning curtail~ 

[NOTE: This rule~cluded in the 8:ate of Oregon 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, Renumbered from 3 4 0 03 4 

OOB 

Civil Penalties 

:v:tolations of OAR 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 of Oregon Clean Air Act Implementation P-lan-as 

· · "'emmission undeJ'-OAR 340 200 0040.] 

Stat. Auth.: ORS 468 & ORS 468!, 

Stats. Inaplemented: OR8 4 68/\.4 80 

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 31 0 262 01 00 through 3 4 0 

(a) Open masonry fireplaces; 

(b) Boilers; 

(c) Furnaces; and 

(d) Cookstoves. 

[NOTE: This rule is included in the State of Oregon Clean Air ,\ct Implementation Plan as 

adopted by the Environmental Quality Cemntisfrion under OAR 3 4 0 200 004 0 .] 

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 3 4 0 031 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 Oregon between July I, 1990 and June 30, 1992 shall be 

oort#'l€d by the /,dministrator pursuant to 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 Department under OAR 340 262 0040, new ·.voodstoves advertise-d 

for sale, offered for sale, or sold in Oregon on or after July 1, 1992 shall be certified by the 

,\dministrator pur-suant to federal regulation as complying vrith the particulate-matter emission 

limits specified in the federal regulations, 40 CFR, Part 40, Subpart AAf., §60.532(b). 

[NOTE: This rule is ineluded in the State of Oregon Clean ,\ir Act Implementation Plan as 

adopted by the 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 0120 
Attachment 3.2, page 21 

General Certifieatien Proeedures 

AE.y new woodstove-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, pursuant to federal 

regulations, 40 CF-R, Part 60, Subpart f.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 by the 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 

New woodstoves sold in Oregon shall have affillod to them: 

(1) A pennaHent l~ce with federal regulatioHs, 40 CFR, Part 60, Subpart A,A.f., 

§60~ 

(2) ,A, point of sa~--wr-danoe-with-feder-al-regulations, 40 CFR, Part 60, 

Subpart AAA, §60.S36. 

[NOTE: This rule is included in the~lean Air Act Implementation PlaH as 

adopted by the 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 

007G 

+-1-9-9~f. 1 3 94; DEQ 11 1999, f. & eert. ef. 10 14 9~~ 

Waedburniag Curtailment 

340 262 0200 

Applieability 
Attachment 3 .2, page 22 

G-AR 340 262 0200 tlwough 340 262 0250-sh.all apply to any pmtion of the state: 

fi+Where-the-f)epaflfent-+ws-determined that, undeF-the-Fef!Uirements of the Clean Air Aet, an 

enforceable woodburning curtailment program is required as an emission reduetien control 

strategy for a PM+O nonattaimnent-area m1d the Department-has determined that the 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 if a local government or regional authority: 

(a) Has adopted an ordinance that requires the curtailment of residential woodheating at 

forecasted air pollution levels which are consistent v,cith the curtailment conditietls-ood 

requirements specified in Oi\R 3 4 0 262 021 0( 1) and 3 4 0 262 0220( I) m1d (2); 

(b) Is issuing on a daily basis curtailment advisories to the public consistent with OAR 3 4 0 262 

D-230; and 

(c) Is conducting surveillm1ce for compliance and is taking adequate enforcement aetions 

consistent ·.vith OAR 340 262 0240. 

f,&)-¥/here the Department has determined that, under the requirements of the Clean Air Aet, 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 of Oregon CleM Air Act Implementation Plan as 

adopted by the Environmental Quality Commission under OAR 3 4 0 200 004\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 af Air 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 when the 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 been reached 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/,R ChSj'Jter 340, Division 206. 

(NOTE: This rule is included in the S:ate of Oregon Clean Air ,\ct Implementation-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 of Air Stagnation 

(I) During any designated Stage I advisory, the operation of any uncertified woodstove, 

fireplace, or woodburning appliance shall be prehibited-ur!kss eJtempted under the provisions-ef 

0/,R 3 4 0 262 O\J4.\h 

(2) During any designated Stage II advisory, the operation of any 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 of any uncertified woodstove, fireplace, or 

woodbul'l1ing-appliance shall be prohibited unless eKemp:ed under the provisions of OAR 3 4 0 

2-62--004-G-o 

(4) During any designated-P-MJ-0 Warning, the operation of any woodstove, fireplace, or 

woodbuming appliane-o-shall be prohibited unless exempted-undel'-the-provtsi~ 

262 0040. 

f\'1!()~-T-his rule is included in the Stat-e-of Oregon Clean Air Ace Implementation-P-1-an-as 

adopted by the Environmental Quality Commission under 0,\R 3 4 0 200 004-Q;} 

Stat. Auth.: ORS 468 & ORS 468A 

Stats. Implemented: ORS 4 68A.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 0230 
Attachment 3 .2, page 24 

+he Department 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 bat may not be limited to the utilization of applicable local media 

inclading television, radio, and ne'.vspapers. 

[NOTE: +his rule is included in the State of Oregon Clean Air Act Implementation Plan 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 monitor the level of compliance ',vith 

curtailment requirements during designated periods of air stagnation. 

(2) A rebuttable presump:ion of a violation shall arise if smoke is being emitted through a flue-or 

chimney during a curtailment period 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 in response to a Notice of Noncompliance 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 of the 

household, or woodheating appliance. The following documentation sbnll be submitted to the 

Department for review in order to establish exemption status under the criteria of Ol,R 3 4 0 262 

004().; 

(a) For households desiring low income-e)[ emption status a copy of the 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 of a home (see note); 

(c) A signed affidavit attesting to the certification status of the home heating appliance (see 

notet. 

[NOTE: This rule is included in the State of Oregon 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 af Department PFagram 

(1) The Department shall suspend the-eperation and-enfBfOOR1ent of OAR 340 262 0200 through 

340 262 0240 in any area upon dctermination-13y-the Department that the local government or 

regional air quality authority has adopted and is adeq-uate-ly-implementing a woodburning 

curtailment program that is at least as stringent as the progran1-Bllt-lined in OAR 3 4 0 262 0200 

through 310 262 0240. 

(2) In making a detem1ination con€Cfl1ing the adequacy of a 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 of residential woodheating at 

forecasted air pollution levels which are consistent with 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&eurtailmcnt program. 

[NOTE: This rule is include-B-in-the State of Oregon Clean i\ir Act Implementation Plan as 

adopted by the Environmental Quality-Commission under OAR 3 4 0 200 004 0 .] 

Stat. 

Stats. 

Auth.: 

Implemented: 

0~ 

ORS 1681\.515 

Hi st.: DEQ 25 1991, f. & cert. ef. 11 13 9-l-j--GEQ 4 1993, f. & cert. e[ 3 1 0 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, page 26 

{-NQTE: This rule is included in the State of Oregon Clean-Air Act Implementation Plan as 

adopted by the 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 ef UaeeFtified Steve Upe-a-Sale ef Heme 

Except as provided fur by OAR 340 262 0040, any uncertified woodstove shall be removed and 

destroyed by the seller upon the sale of a home. 

[NOTE: This rule is ineluded in the Stat~ean Air ,\ct Implementation Plan as 

adopted by the 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 3 4 0 03 4 0205 . 

MO 262 0320 

Heme Seller's Respoasibility to Verify Stove Destruction 

Any person selling a home vffiich contains an uncertified woodstove shall provide to the 

Department-erthe Department's designated representative prior to the sale of the home, a copy of 

a receipt from a scrap metal dealer verifying that the stove has been destroyed. 

[NOTE: This rule is included in the State of Oregon 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.4 80 

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 disclese to any 

petential buyer, buyer's agent or buyer's representative that the woodstove is uncertified, and 

must-be-removed and destroyed upon sale of the home. 
Attachment 3.2, page 27 

{-NOTE: This rule is included in the State of Oregon-Glean Air f,ct Implomcntation-12-lan-a<; 

~y the Environmental Quality Commission under O~J 

His-!.: 

f. & cert. 

DEQ 

ef. 

25 

1 0 

1991, 

14 99, 

f. 

Renumbered 

& cert. ef. 11 

fr&m-340-93 

13 91; DEQ 

4 

4 

0215 

~.f. & ccrt-of. 3 10 ~ 

340-262-0400 

J>urpose and Applicability of Rules 

(!) The State of Oregon promotes the use of cleaner solid fuel burning devices to reduce smoke 

created from wood heating and other solid fuels. Smoke from wood burning can be a 

significant source of air pollution and can have serious health consequences for people with 

asthma, respiratory or hemt conditions or other illnesses. Children and the elderly are 

especially at risk. 

_(2) This Division regulates the sale and use of residential 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 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 of Oregon 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.l 00 to 468A.J 80 

340-262-0450 

Definitions 

The definitions in OAR 340-200-0020 and this rule ap_ply to this Division. If OAR 340-0200-

0020 and this 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 of Federal 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. For the purpose of this Division, a dealer that is also an Oregon retailer shall be 

considered to be only a retailer. 

(7) "DEQ" means Oregon Department of Environmental Quality. 

(8) "Destroy" means to demolish or decommission to the extent that restoration or reuse as a 

heating device is impossible. 

(9) "EPA" means United States Environmental Protection Agency. 

(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 which may 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) Heat building space and/or water via the distribution. typically through pipes, of a 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 of structural 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 meet the design and construction specifications set forth in ASTM E 

1602-03, "Guide for Construction of Solid Fuel Burning Masonry Heaters." 

(16) "New solid fuel buming device" or "new device" 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 of fuel. 

(20) "Phase I emission level qualified model" is a model of a hydronic heater that achieves an 

average emission level of 0.60 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 of EPA's acceptance of the model as a qualitied 

model. 

@"Phase 2 emission level qualified model" is a model of a hydronic heater that achieves an 

average emissions level of 0.32 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 of fine particles in any individual test mn that was used in the calculation of 

the average, as acknowledged by EPA in writing to the manufacturer as part of EPA's 

acceptance of the 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 of solid 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 of less 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) "Trash burner" means any equipment that is used to dispose of waste by burning and has not 

been issued an air quality permit under ORS 468A.040. 

(26) "Treated Wood" means wood of any 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 that has 

been sold, bargained, exchanged, given away, or otherwise has had its ownership 

transferred. 

[NOTE: This rule is included in the State of Oregon 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 

Certification of Solid 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 pursuant to: 

(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 heater that has been accepted by EPA as 

a Phase 1 or Phase 2 emission level qualified model pursuant to the EPA Hydronic Heater 

Program, and that meets the requirements of subsections (a) and (b) below: 
Attachment 3 .2, page 3 1 

(a) The hydronic heater must have a permanent "qualifying label" attached that meets the 

requirements of the EPA Hydronic Heater Program Phase 2 Partnership Agreement or 

similar agreement for the EPA Phase 1 program; and 

(b) The hydronic heater must have been installed by March I, 201 Land the owner of the 

hydronic heater must confirm notice of installation to the department, on a 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 CFR part 60, subpart AAA as in 

effect on July 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 of all devices certified pursuant to this rule. 

[NOTE: This rule is included in the State of Oregon 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 

340-262-0600 

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, or in the case of a hydronic heater is 

_(Q)_permanently labeled as a Phase 1 or Phase 2 emission level gualitled model, with a 

label authorized by D EO or EPA. 

(2) Exempt devices. The following are exempt from this mle: 

(a) Pellet stoves; 

.(1i) Antique woodstov~ 

(c) Cookstoves 
Attachment 3.2, page 32 

(d) Fireplaces; 

(e) Masonry heaters; 

(f) Central, wood-fired furnaces; and 

(g) Saunas. 

(3) Exempt consumer transactions. Consumer transactions are exempt from this rule, if the 

consumer: 

(a) Sells a used solid fuel burning device to a person in the business of reusing, 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 or EPA authorized labels. 

[NOTE: This rule is included in the State of Oregon 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 of Used 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 if the devices were not certified 

for sale as new by DEQ or EPA and are not permanently labeled as certified, or in the case 

of a hydronic heater is permanently labeled as a Phase I or Phase 2 emission level qualified 

model, with a label authorized by DEQ or EPA. 

(2) The removal and destruction of a used solid fuel burning device is the responsibility of the 

seller of the residential structure, unless the seller and buyer agree in writing that it is the 

buyer's responsibility. If the seller retains responsibility, the seller shall remove and destroy 

the device prior to the closing date of the sale of the residential structure. If the buyer 

accepts responsibility, the buyer shall remove and destroy the device within 30 days after 

the closing date of the sale of the residential structure. 

(3) The seller or buyer, 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 of being used as heating devices. 

(c) Obtain a receipt from the place of destruction that verifies the delivery of all used solid 

fu.el burning devices. The receipt must include: 

(A) Date of delivery to place of destruction; 

(B) Name and address for the place of destruction; and 

(C) Description of all used solid fuel burning devices delivered for destruction. 

(d) Notify DEQ of the removal and destruction of all 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 of the person removing the 

stove; 

(B) Address and tax lot number of the residential structure being sold; 

(C) Closing date of sale of the residential structure if the buyer is the responsible party, 

or the estimated closing date of sale if the 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 of the 

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 

of the state where required as an emission reduction strategy or contingency plan for 

PM! 0 or PM 2.5 nonattainment or maintenance areas as an element of the State of 

Oregon Clean Air Act Implementation Plan adopted under OAR 340-200-0040. 

(b) If a local government or regional authority has not adopted or is not adequately 

implementing a curtailment program in any area of the state where such a program is 

required, the Department will operate and enforce a program to curtail solid fhel heating 

during periods of air 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 or regional authority: 

(B) Has adopted an ordinance that requires the curtailment of solid the! heating at 

forecasted air pollution levels which are consistent with the 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 compliance and is taking adequate enforcement actions 

consistent with sections (6) to (8). 

(2) Exempt from this rule. Cmiailed heating under this 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 of the 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; and 
Attachment 3.2, page 35 

(c) Pellet stoves, unless the pellet stove is located in a nonattainment area in this 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 I advisory when the PMlO or PM 2.5 standard is being approached: and 

(b) Stage II advisory when an exceedance of the PMJ 0 or PM 2.5 standard is forecast as 

imminent. 

( 4) Curtailed burning. Unless exempt under section (2), the wood burning cmiailment program 

prohibits operation of: 

(a) All heating by means of solid 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 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 of solid 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 or not those devices were certified for sale as new by DEQ or 

EPA. during a designated Stage II advisory when an exceedance of the 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) Must monitor 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 of a violation subject to 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 tor DEQ to establish: 
Attachment 3.2, page 36 

(a) For a low income exemption under subsection (2)(a), a copy of the previous year tax 

returns with redacted Social Security Numbers. 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 of the residence. The exemption is valid 

for the current woodheating season in which the 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 of the household or solid fuel 

burning device. DEQ shall notify the person claiming exempt status of the: 

(a) Approval of exempt status and the dismissal of the enforcement action under section (6); 

or 

(b) Denial of exempt status including the reason. 

(9) Suspension of Department program. DEQ shall suspend the operation and enforcement of 

(2) through (8) of this rule if the Department determines the local government or regional 

authority has adopted and is adequately implementing a wood burning and other heating 

devices curtailment program that is at least as stringent as the program outlined in this rule. 

[NOTE: This rule is included in the State of Oregon 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 

340-262-0900 

Materials Prohibited from Burning 

No person may cause or allow any of the following materials to be burned in a solid fuel burnin_g 

device. fireplace, a trash burner or any other device described in ORS 468A.485(4)(b): 

(1) (a) Garbage; 

(b) Treated wood; 

(c) Plastic or plastic products; 

(d) Rubber or rubber 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 other heavy or toxic metals; 

(k) Materials containing asbestos; and 

(I) Particleboard. 

(2) Paper or paper products. except for paper used to kindle a fire. 

Stat. Auth.: ORS 468 & ORS 468A 

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

Attachment 4 

Evidence that 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 4.1, page 1 

OREGON 

BULLETIN 

Supplements the 2010 Oregon Administrative Rules Compilation 

Volume 49, No. 10 

October 1, 2010 

For August 16, 2010-September 15,2010 

Published by 

KATE BROWN 

Secretary of State 

Copyright 20 I 0 Oregon Secretmy of State 
Department of Environmental Quality 

Chapter 340 

Attachment 4.1, 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 of Senate 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 of home sale 

and to notifY DEQ. The proposed rules subject a broader range of home 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 if needed. 

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 

listed above). 

Rules Coordinator: Maggie Vandehey 

Address: Department of Environmental Quality, 811 SW Sixth Ave., Portland, OR 97204 

Telephone: (503) 229-6878 
Attachment 4.2, page 1 

Secretary of State 

Certificate and Order for Filing 

PERMANENT ADMINISTRATIVE RULES 

I certify that the attached copies* are true, full and correct copies of the PERMANENT Rule(s) adopted on February 17, 2011 by 

the 

Oregon Depattment of Environmental Quality 340 

Agency and Division Administrative Rules Chapter Number 

Maggie Vandehey 811 SW Sixth A venue, Portland, OR 97204~ 1390 (503) 229-6878 

Rules Coordinator Address Telephone 

to become effective March 15. 2011 Rulemaking Notice was published in the October 20 l 0 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 of the 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 of Senate Bill102, a measure passed by the 2009 Oregon Legislature to protect 

Oregonians from uncontrolled wood smoke. The rules implement the statutory requirement for homeowners to remove and 

destroy any uncertified woodstove at the time of home sale and to notify DEQ. The rules subject a broader range of home 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 

rules also update DEQ rules for implementing a wood burning curtailment program in a nonattainment area if needed. 

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 one photocopy of certificate, one paper copy of rules listed in Rulemaking Actions, and· electronic copy of 

rules. **The Oregon Bulletin is published the Jst of each month and updates rules found in the OAR Compilation. For publication 

in Bulletin, rule and notice filings must be submitted by 5:00pm on the 15th day of the 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 

Attachment 5 

Evidence of adequate public notice 

5.1 Newspaper publication: The Daily Journal of Commerce, September 22, 2010 publication 

5.2 Newspaper publication: The Oregonian, September 22, 2010 publication 

See Attachment 4.1 Secretary of State's Oregon Bulletin, October 1, 2010 publication 

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Attachment 5 .I, page I 

Attachment 5.2, page I 

Attachment 6 

Certification of public hearing 

See paragraph #3 of cover letter and Attachment 7.1 

Attachment 7 

Compilation of public 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 of public comment and agency response; dated December 10, 2010 

Attachment 7.1, page I 

State of Oregon 

Department of Environmental 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 of Proposal: 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 if they wished to present comments. They were also advised that the hearing 

was being recorded. 

One person attended the hearing and provided both written and oral comments. 

The following is a summary of the oral comments received atthe hearing. DEQ will include 

these comments, along with the written comments, in the Summary of Comments and Agency 

Responses for this rulemaking. 

Ray Ogden, owner of Ogden 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 outdoor wood boilers. 

Mr. Ogden stated the current proposed 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 or other solid fuel burning devices and that 

it would be equally inappropriate to apply the proposed standard to these devices. He stated that 

the EPA is also at the point of revising the New Source Performance Standard for woodstoves 

which will include other devices such as outdoor wood boilers. In his concluding remarks, Mr. 

Ogden reiterated the DEQ should adopt testing standards allowed in the EPA Phase 2 program 

for outdoor wood boilers. 

The hearing closed at 6:14p.m. 
Attachment 7.1, page 2 

State of Oregon 

Department of Environmental 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 of Proposal: "Proposed Rules for the Heat Smart Program 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 opened the 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 of Comments and Agency Responses for this 

rulemaking. 

Page 2 of7 
Attachment 7 .I, page 3 

State of Oregon 

Department of Environmental 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 of Proposal: Heat Smart Program for Residential Woodstoves and Other 

Solid Fuel Burning Devices 

Hearing Date aud Time: October 20,2010, 6 to 7 p.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 attended the hearing; one person provided 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 rulemaking process in general. She informed 

attendees that the proposed rules were scheduled for commission action in February 2011. 

The following is a summary of the oral comments received at the hearing. DEQ will include 

these comments, along with the written comments, in the Summary of Comments aud Agency 

Responses for this rulemaking. 

Harvey Gail, representing the Oregon Hearth Patio and Barbeque Association, summarized the 

written comments that he provided, emphasizing several points. He requested that the rule 

definition for "used device" be clarified to include selling between individual people, aud that 

"place of destruction" be clarified by restricting locations, with the DEQ possibly providing a list 

of acceptable places. He also commented that the emissions standards for the Outdoor Wood 

Hydronic Heaters be aligned with EPA's current 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 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 clarification of the process to include a 

length oftime that the exemption would apply. 

Mr. Gail also had a number of observations 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 of EPA's 

actions on revising the New Source Performance Standards for wood stoves and consider how 

those would relate to Oregon rules. He emphasized that low income people would be most 

impacted by these rules and suggested that DEQ keep that in mind as the rules are implemented. 

He also thought the rules did not address enforcement adequately. 

After Mr. Gail completed his comments the other attendee was asked if he wished to present oral 

comments but he declined and left written comments instead. 

The hearing was closed at 6:45 p.m. 

Page 4 of1 
Attachment 7.1, page 5 

State of Oregon 

Department of Environmental 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 of Proposal: 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 but both submitted written 

comments. 

Before taking connnents, Rachel Sakata, air quality planner, briefly explained the rulemaking 

proposal, procedures for the hearing and the rulemaking process in general. She informed 

attendees that the proposed rules were scheduled for commission action in February 2011. 

The following is a sununary of the oral comments received at the hearing. DEQ will include 

these comments, along with the written comments, in the Summary of Comments 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 of destruction" be clarified by 

restricting locations, with the DEQ possibly providing a list of acceptable 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 on these heaters as an 

Page 5 of1 
Attachment 7.1, page 6 

essential appliance in their homes and and recommended exemptions for low income people, 

with clarification of the process to include a length oftime that the exemption would apply. 

Page 6 oi'1 
State of Oregon 

Department of Environmental Quality 

To: 

From: 

Subject: 

Presiding Officer's Report 

Andy Ginsburg, Division Administrator, Air Quality Program 

Tom Hack, Air Quality Program, Eastern Region- Pendleton 

Presiding Officer's Report for Permit Hearing 

Title of Proposal: 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, 1st Floor Conference Room 

DEQ opened the hearing at 6:33 p.m. and closed at 6:36p.m. The hearings officer asked the 

attendee to sign the registration form if he wished to present comments, 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, explained the procedures for the hearing. 

The following is a summary of the verbal comments received at the hearing. DEQ will include 

this comment in the Summary of Comments and Agency Responses for this permit. 

Danny Amon: identified himself as a Central Boiler dealer who sells outdoor wood fired 

furnaces. He noted that the New Source Performance Standards were developed for indoor 

woodstoves and has not been tested on outdoor wood hydronic heaters. He said that there is no 

basis for testing the outdoor wood 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 allow the 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 of the 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 newer woodstoves 

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 significant source of air pollution, including fine particulate and air taxies. 

There are still tens of thousands of old, high polluting uncertified wood 

burning devices in Oregon that contribute to unhealthy air. While 

woodstoves do get replaced eventually, many woodstoves were built to last 

for a long time - at least 20 years or longer- resulting in many old uncertified 

stoves still in homes. The 2009 legislature adopted SB 102, which requires 

removal of old stoves at the time of horne sale, because attrition alone was 

not sufficient to address this air pollution problem. The proposed rules 

implement this existing 2009 law. 

This program focuses on the removal of old, uncertified stoves and does not 

require the replacement of an uncertified device with a new woodstove. A 

homeowner may choose not to replace a removed stove that is not the sole 

source of heat, or may choose to replace the old device with a new certified 

stove, pellet stove, or natural gas furnace. Many new certified stoves have 

features that prevent a user from "damping down" the fire and allowing 

smoke to billow out and create air pollution. Newer, certified stoves also 

emit two to seven times less pollution than an uncertified stove. Once the 

rule is adopted, DEQ also plans to focus on an educational campaign to 

inform homeowners about the new regulations and also to address other 

wood burning topics such as proper wood burning practices. 

How does DEQ plan to implement the Jaw? (1) 

Response: 

Compliance with these rules will occur primarily throuqh education and 
awareness, which is similar to how DEQ enforces the current ban on the 

sale of uncertified woodstoves. DEQ has been working with realtors, hearth 

dealers, chimney sweeps, and contractors for the past nine months to help 

inform them of the requirements, conducting trainings and providing 

educational materials so that they can help inform their clients of the law. 

Realtors have been especially helpful in getting the word out about the 

requirements. DEQ has also established a web-based reporting tool to 

make it easier for homeowners 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 already received over 137 submissions from 

homeowners. 

DEQ is also monitoring classified advertisement websites and other ads to 

stop illegal sales of uncertified stoves. In addition, many insurance 

companies are now requiring homebuyers to have proof of notification from 

DEQ that a stove has been removed and destroyed before they will insure 

homes. DEQ anticipates that its education, outreach, and monitoring efforts 

will achieve a high level of compliance overall. DEQ may also use civil 

penalties if necessary 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 of the home. Many people cannot 

afford to replace the stove. (1) 

3) For short sales, the homeowner won't be. able to pay for a new stove and 

it will likely be the realtor that will have to get a new wood stove installed. 

(1) 

Response to all comments: 

DEQ recognizes the potential hardship the stove removal requirement may 

pose for some home sellers in the current economic climate. However, over 

the long run, it is most efficient to remove these old stoves at time of home 

sale, when a home seller may have to address other home upgrades or 

changes to prepare the home for sale. Requiring old stove removal at the 

time of home sale benefits public health by reducing air pollution and 

improves home safety by replacing old, potentially unsafe stove 

installations. 

The rules allow either the seller or buyer to take responsibility for stove 

removal. This provides flexibility for the stove removal to be addressed in 

the most cost-effective way possible as part of a larger and more 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 of short sales or situations where a home seller cannot afford to 

replace a stove that is the only source of heat. In these instances, DEQ has 

recommended other state and local 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 low income individuals in areas with the most severe air pollution, 

DEQ has sought out funding to help with the turnover of old stoves. This 

includes the acquisition of $2 million in federal stimulus money to facilitate 

the changeout of old uncertified stoves with new, cleaner burning devices in 

certain communities throughout the state. DEQ also hopes to establish a 

statewide woodstove changeout fund to assist all homeowners 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 as possible for homeowners. 

Therefore, DEQ proposes to give homeowners the option to either hire a 

licensed chimney sweep or to perform the work themselves. Requiring the 

licensing of entities to remove stoves could create an additional burden and 

increase removal costs for a homeowner. However, DEQ is educating 

realtors, potential home buyers and lenders of the requirements so that all 

parties know the uncertified stove must be removed at the time of home 

sale. This will reduce violations because buyers and lenders have an 

interest in ensuring that sellers 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 of all locations approved by DEQ as 

a place of destruction. (6), (7) 

Response: 

DEQ is purposely not specifying places of destruction, because DEQ does 

not want to limit disposal options for homeowners. For simplicity and to 

lessen the burden on homeowners, DEQ will accept confirmation of a 

stove's destruction from any entity or person willing to render the stove 

inoperable and certify that fact to DEQ. DEQ does plan to maintain a list of 

disposal locations as a reference for homeowners, but will make it clear that 

these are not the only places where a stove can be taken for "destruction". 

The main safeguard to ensure stove destruction is that state law and state 

building code prohibits the sale and installation of an uncertified 

woodstoves. An owner attempting to re-install an uncertified stove 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 

Wood stoves Response: 

DEQ has neither the resources nor expertise to develop emissions control 

devices that can be retrofit on uncertified woodstoves. If a business does 

develop an emissions control device for uncertified woodstoves and EPA 

approves it, then DEQ will consider whether these 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 of trash and other prohibited materials 

indoors, as it can produce toxic emissions that are harmful for everyone. 
DEQ's main compliance approach will be through education and awareness 

of the health dangers of burning prohibited materials. However, burning 

garbage or other prohibited, toxic materials indoors is illegal. As with 

burning prohibited materials outdoors, DEQ's rules establish penalties for 

anyone who burns prohibited materials indoors, and DEQ will respond to 

complaints received. 

7. Outdoor wood 1) DEQ should allow the testing methods and emission limits developed 

boilers under the 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 of Washington 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 EPA will 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 wider range of solid fuel burning 

devices, includinq such as outdoor wood boilers. After it is revised, the 
federal regulations can take precedence. (5), (8), (9), (11) 

9) The proposed rules unreasonably ban outdoor wood boilers that meet 

EPA's Phase 2 limit of 0.32 lbsiMMBtu heat output but does allow higher 

emitting EPA certified stoves (1.41bsiMMBtu) to be sold. (12) 

1 0) The proposed rule amounts to a ban on the sale of outdoor wood 

boilers and goes against the intent of the legislature under Senate Bill 

102 to promote the certification of low emission solid fuel burning 

devices. (12) 

Response: 

The intent of Senate Bill 102 was to help protect the human health and air 

quality of Oregonians from wood smoke. It also allows the EQC to set 

emission standards for solid fuel burning devices that would be at least as 

stringent as federal emission standards, but could be stricter as needed to 

protect Oregonians. DEQ's concern with outdoor wood boilers is that they 

are currently unregulated and can emit excessive amounts of particulate 

pollution. Even the cleaner burning outdoor wood boilers still emit up to 3 

times more pollution than a certified woodstove. Until this technology 

advances further, DEQ believes these devices should be required to meet 

state-of-the art woodstove emission standards or not be 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 90 percent cleaner than 

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 boiler can emit 1.5 to 3 times more particle pollution 

than a certified woodstove. This is not acceptable emissions 

performance for a residential wood heating device in Oregon. 

B. Comparing the Jbs!MMBtu heat output of a certified woodstove to an 

outdoor wood boiler is not equivalent; a certified woodstove typically 

heats one to two rooms in a home, whereas an outdoor wood boiler 

heats an entire home. If one were to compare devices that heat 

entire homes, such as an oil or gas furnace, an outdoor wood boiler 

is 25-38 times higher emitting. 

C. Outdoor wood boilers typically have short smokestacks (8-10ft high) 

and smoldering fires that create heavy smoke which is released 

close to the ground. This smoke can linger and expose neighbors to 

nuisance conditions and health risks. 

D. Of particular concern is wintertime smoke from outdoor wood boilers 

when cold weather inversions prevent the smoke from dispersing. 

Many communities experience heavy smoke from residential wood 
burning that can exceed the federal fine particulate health standards. 

DEQ has spent the past twenty years investing in various woodstove 

change-out programs and education campaigns across Oregon to 

remove older, polluting uncertified woodstoves. Allowing uncertified 

outdoor wood boilers in Oregon could undermine past efforts to 

reduce particulate pollution. Once installed, these devices could emit 

high levels of pollution for several decades. With so many 

communities near or close to violating public health standards for 

fine particulate DEQ must regulate these devices to adequately 

protect public health. DEQ could revisit this issue in the future if new 

boiler technologies are developed that significantly reduce emissions 

from these devices to a level that is sufficiently protective of public 

health. 

E. In addition to smoke emissions, DEQ is concerned about the 

potential to use these devices as a means of illegal waste disposal. 

Outdoor wood boilers are designed by their manufacturers to burn 

dry, seasoned wood. However, many of these devices have a very 

large firebox capacity and loading door, and can be easily used to 

burn non-wood materials, such as household trash or construction 

debris, which is both illegal and releases harmful air taxies. 

F. DEQ is concerned that the experimental emission test method 

developed for EPA's voluntary boiler certification program may not 

accurately reflect the true emissions performance of outdoor wood 

boiler technology. DEQ has discussed this with officials in other 

states and state organizations, such as the Northeast States for 

Coordinated Air Use Management (NESCAUM) and the Western 

States Air Resources Council (WESTAR), who have similar 

concerns about the adequacy of the voluntary test method to 

sufficiently address emissions from these devices. DEQ will need to 

carefully evaluate any final test method to ensure it enables emission 

standards that protect public health. Until such time as DEQ 

approves a boiler test method, DEQ will not accept emissions 

performance testing results using EPA's voluntary boiler test 

method. However, in response to these comments, DEQ has revised 

its proposed rules to allow for DEQ approval of an outdoor wood 

boilers emissions test methodology that DEQ finds acceptable and 

equivalent to EPA's NSPS wood stove standard. Any outdoor boiler 

tested to a OEQ-approved test method and meeting the emission 

standards stated in the rules can be certified for sale 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 of banning currently available 

outdoor wood-fired boilers in Oregon. DEQ recommends this action 

in order to better safeguard public health in Oregon communities. 

H. Other states and cities 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, many cities and towns 

have gone further and established local ordinances prohibiting the 
7. Sell-Through 

Provisions 

use of these outdoor wood boilers because of the concerns about 

smoke from these devices. Similar concerns are echoed on the West 

Coast, where the state of Washington currently does not allow the 

sale of outdoor wood boilers. 

/. DEQ recognizes that these rules will have an adverse effect on 

those small businesses that sell outdoor wood boilers, of which DEQ 

has estimated there are approximately four in Oregon For some of 

these retailers, outdoor wood boilers are not the only product they 

carry and they may be able to emphasize sales of other devices that 

meet standards. Other retailers may be able to sell outdoor wood 

boilers in neighboring states, such as Idaho and parts of California, 

where they are allowed 

J DEQ has been monitoring the progress of EPA's upcoming revisions 

to the federal New Source Performance Standards for wood heating 

devices As mentioned previously, DEQ is concerned about the 

potential of the outdoor wood boilers to emit particulate pollution, 

especially in communities at risk of or exceeding the federal health 

standards for fine particulate. If federal regulations for residential 

wood-fired boilers are promulgated, DEQ will evaluate whether to 

adopt these standards for Oregon or develop 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 of the 

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 of the 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 and its members have been 

aware ofthe upcoming Heat Smart regulations since 2009 when SB102 was 

adopted by the legislature. DEQ's rules will not become effective until 

February 2011, assuming adoption by the EQC. Therefore, in essence there 

has already been a "sell-though" opportunity for woodstove dealers since 

fall 2009 through January 2011. 

DEQ is not recommending a further sell-through period for solid fuel burning 

devices newly regulated under this rule. DEQ's recommended approach 

would help protect air quality and consumers. 

DEQ first required the sale of certificated woodstoves in July 1986. In the 

year prior to that date many wood stove dealers made a special effort to sell 

out their stock of uncertified stoves before DEQ's rule became effective. 

This "sell-through" period resulted in hundreds of high pollution woodstoves 

entering Oregon communities, where many still remain more than twenty 

years later as sources of air pollution 
OEQ does not want to see this happen again, with installation of the existing 

stock of uncertified solid fuel burning devices that emit two to seven times 

more pollution than certified stoves. 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 better for consumers to not 

perpetuate the sale of noncertified 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 commenter and does not want to exclude the sale of 

used certified devices from private individuals or any other entity. 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 of solid 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 of solid fuel burning device to include 

devices that produce heat "for" a residential structure and are not just 

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 not being 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 needed in order to determine the contact 

information of the home seller, especially if the home seller is about to move 

from his or her current address. DEQ has modified the rule to have the 

person responsible for removing the stove provide his/her current 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 how long an exemption from 

curtailment for a /ow-income household should last. DEQ has modified the 
rule 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 should sign an affidavit in the rules. DEQ wants 

to provide flexibility to allow each community to tailor a curtailment program 

that is appropriate for its needs. 

11. Certification OAR 340-262-0500(1) is too narrow. EPA is in the process of revising the 

of solid 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 of these devices in 

Oregon. (11), (12) 

Response to all comments: 

DEQ agrees that the current language does not allow for any future EPA 

revisions to the NSPS, without having to go through a separate rulemaking. 

As DEQ has indicated previously, if and when a new federal NSPS is 

promulgated for wood burning devices, DEQ will evaluate whether to adopt 

that standard for Oregon. If so, DEQ will use a formal rulemaking process, 

with oooortunitv for oublic 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 of the 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)