SJVUAPCD 4901-1 09/18/2014 RULE 4901 WOOD BURNING FIREPLAC ES AND WOOD BURNING HEATERS (Adopted July 15, 1993; Amended July 17, 2003; Amended October 16, 2008; Amended September 18, 2014)

1.0 Purpose

The purpose of this rule is to limit emissions of carbon monoxide and par ticulate matter from wood burning fireplaces, wo od burning heaters, and ou tdoor wood bur ning devices.

2.0 Applicability

This rule applies to:

2.1 Any person who manu factures, sells, offers for sale , or operates a wood burning fireplace, wood burning heater, or outdoor w ood burning device.

2.2 Any person who sell s, offers for sale, or supplies wood intend ed for burning in a wood burning fireplace or wood burning heater.

2.3 Any person who transfers or receives a wood burning h eater as part of a real property sale or transfer.

2.4 Any person who in stalls a wood burning fireplace or wood burn ing heater in a new residential development.

3.0 Definitions

3.1 APCO: the Air Pollution Control Officer of the San Joaquin Valley Unified Air

Pollution Control District.

3.2 ASTM: the American Society for Testing and Materials.

3.3 Consumer: any person other than a di stributor or a retail er who buys a wood burning fireplace, wood bur ning heater, or outdoor wood burning device.

3.4 Distributor: any person other than a manufacturer or a retailer who sells, offers for sale, or supplies wood burning fireplaces, wood bur ning heaters, or outdoor wood burning devices to retail ers or others for resale.

3.5 EPA: the United States Environmental Protection Agency.

3.6 EPA Certified: meets the performance and emissions standard s set forth in the

NSPS.SJVUAPCD 4901-2 09/18/2014 3.7 Garbage: any solid, semisolid, and li quid wastes generated from residential, commercial, and industrial sources, including tr ash, refuse, rubbish, industrial wastes, asphaltic products, ma nure, vegetable or animal solid or semisolid wastes,

and other discarded solid or semisolid wastes.

3.8 Low Mass Fireplace: any fireplace and attached chimney, as identified in ASTM E 2558-7, “Determining Particulate Matter Emission s from Fires in Low Mass Wood-burning Fireplaces,” that can be weighed (including the weight of the test fuel) on a plat form scale.

3.9 Manufacturer: a ny person who constructs or impor ts a wood burni ng fireplace or wood burning heater.

3.10 Masonry Heater: any s ite-built or site-assembled, wood burning heating device constructed mainly of masonry materials in which the heat from intermittent fires burned rapidly in its firebox is stored in its structural mass for slow release to the site. Such wood burning h eating devices must meet all federal requirements and be designed and construc ted per specifications set forth in ASTM E 1602-3,

“Guide for Construction of Soli d Fuel Burning Ma sonry Heaters.”

3.11 New Residential De velopment: any single or multi-family housing unit, for which construction began on or af ter January 1, 2004. Co nstruction began when the

foundation for the struct ure was constructed.

3.12 New Wood Burning Heat er: any wood burning heater that has not been sold, supplied, or exchanged for the first time by the manufacturer, the manufacturer's distributor or agency, or a retailer.

3.13 Normal Operating Conditions: th e operation of a wood burning heater as defined in this rule, excep t when a fire is started in the wood burning heater,

when fuel is added to the wood burnin g heater, and when the fire is being extinguished. Visible smoke produced during these three events shall not exceed fifteen minutes per event.

3.14 NSPS: New Source Perfor mance Standard. For purposes of this rule the NSPS

is the Code of Federal Regulations, Part 60, Titl e 40, Subpart AAA.

3.15 Outdoor Wood Burning De vice: any wood burning fire place, or other device designed to burn wood, and that is located outside of a buildi ng or structure. This includes, but is not limited to, burn bowls, fire rings/pits, and chimineas. This does not include fire pits at state parks, national pa rks, or national forests.

3.16 Paints: any ex terior and interior house and trim paints, enamels, varnishes, lacquers, stains, primers, s ealers, undercoat ers, roof coatings, wood preservatives, shellacs, and other paints or paint-like products.SJVUAPCD 4901-3 09/18/2014 3.17 Paint Solvents: any orga nic solvents sold or used to thin paints or clean up painting equipment.

3.18 Pellet-Fueled Wood Burn ing Heater: any wood burning heater manufactured for the purpose of heating a space and is intended to operate on pellet fuel.

3.19 Pellet Fuel: in cludes, but is not limi ted to, compressed sawdust, compressed paper products, and compre ssed forest residue, wood chip s and other waste biomass, ground nut-hulls and fruit p its, corn, and cotton seed.

3.20 Permanently Inoperable: modified in such a way that a wood burning heater can no longer operate as a wood burning heater.

3.21 PM: particulate matter. PM2.5 has an aerodynamic diameter eq ual to or less than 2.5 microns. PM10 has an aerodynamic di ameter equal to or less than 10

microns.

3.22 Real Property: the la nd itself and anything that is permanently affixed to the land, such as buildings, and structures . Examples of real property include heating and air conditioning systems, wate r lines, or electrical systems that primarily are used to control the environment for people an d to benefit the land.

3.23 Retailer: a ny person engaged in the sale of wood burning fireplaces, wood burning heaters, or outdoor wood burni ng devices directly to the consumer.

3.24 Seasoned Wood: wood of any species that has been sufficie ntly dried so as to contain 20 percent or less moisture by weight.

3.25 Treated Wood: wood of any species that has been chemically impregnated, painted, or similarly modifi ed to improve resistance to insects or weathering.

3.26 Used Wood Burning Heater : any wood burning heater that has been used at least once, except wood burning heat ers that have been used by retailers for the purpose

of demonstration.

3.27 Waste Petroleum Product: any petroleum product other than gaseous fuels that has been refined from crude oil, and has been used, and, as a result of use, has been contaminated with physical or chemical impurities.

3.28 Wood Burning Fireplace: any permanently installed masonry or factory built wood burning device designed to be used with an air-to -fuel ratio greater than or equal to 35-to-1.SJVUAPCD 4901-4 09/18/2014 3.29 Wood Burning Heater: an enclosed, wood burning applianc e capable of and intended for space heating (i .e. wood stove, pellet-fuel ed wood burning heater, or wood burning fire place insert).

3.30 Wood Burning Seas on: for purposes of this ru le, the months of November, December, January, and February.

4.0 Exemptions

The following devices are exempt from the provisions of this rule:

4.1 Devices that are exclusively ga seous-fueled.

4.2 Cookstoves, as described in Co de of Federal Re gulations 60.531.

4.3 Any burning occurring on the ground is open burning a nd is subject to requirements of District Rule 4103.

5.0 Requirements

5.1 Sale or Transfer of Wood Burning Heaters

5.1.1 New wood burning heaters

No person shall advertise, sell, offer fo r sale, supply, install, or transfer a new wood burning heater unless it is either:

5.1.1.1 EPA certified with a Phase II Certification or a more stringent

certification as curren tly enforced in the NS PS at the time of sale or transfer, or

5.1.1.2 A pellet-fueled wood burning heater that is exempt from EPA certification pursuant to requirements in the NSPS, until such

time that amendments to the NSPS are finalized to remove exemptions for pellet-fueled wood burning heaters, then all new wood burning heaters must comply with Section 5.1.1.1.

5.1.2 Used wood burning heaters

No person shall advertise, sell, offer fo r sale, supply, install, or transfer a used wood burning heater unless it has been rendered permanently inoperable, satisfies requirements purs uant to Section 5.1.1, or is a low mass fireplace, maso nry heater, or other wood-b urning device of a make and model that meets all federal requ irements and has been approved in writing by the APCO.SJVUAPCD 4901-5 09/18/2014 5.1.3 Public Awareness Information

Retailers selling or offering for sa le new wood burni ng heaters shall supply public awar eness information with eac h sale of a wood burning

heater in the form of pamphlets, brochures, or fact sheets on the following topics listed in Sections 5.1.3.1 through 5.1.3.6. Public

awareness informatio n shall be subject to the review and approval of the

APCO.

5.1.3.1 Proper installation, operation, and maintenance of the wood burning heater,

5.1.3.2 Proper fuel selection and use,

5.1.3.3 Health effects from wood smoke,

5.1.3.4 Weatherization methods for the home,

5.1.3.5 Proper si zing of wood burning heaters, and

5.1.3.6 Episod ic Wood Burning Curtailmen t levels as defined in

Section 5.6.

5.1.4 Sections 5.1.1 and 5. 1.2 do not apply to wood bu rning heaters subject to

Section 5.2.

5.2 Sale or Transfer of Real Property

5.2.1 No person shall sell or transfer any real property which contains a wood burning heater without first assuri ng that each wood burning heater

included in the real property is:

5.2.1.1 EPA Phase II Certified or has a more string ent certification under the NSPS at time of purc hase or installation, or

5.2.1.2 A pellet-fueled wood burnin g heater that wa s exempt from EPA Certification pursuant to requ irements in the NSPS at the time of purchase or installation, or

5.2.1.3 Rendered perm anently inoperable.

5.2.2 Upon the sale or transfer of real property, the seller sh all provide to the recipient of the real property, and to the APCO, documentation of compliance with Section 5.2.1. Docume ntation shall be in the form of a statement signed by the seller describi ng the type(s) of wood burningSJVUAPCD 4901-6 09/18/2014 heater(s) included in the real property transaction, and any action taken to comply with Section 5.2.1. The AP CO shall make blan k forms available to the public for the purpose of fulfilling this requirement.

5.2.3 Documents required by Section 5.2.2 shall be retained by the recipient of the real property and shall be made available to the AP CO upon request.

5.3 Limitations on Wood Burn ing Fireplaces or Wood Burning Heaters in New Residential Developments

5.3.1 Effective until December 31, 2014

5.3.1.1 No person shall install a wood burning fireplace in a new residential development with a density greater than two (2) dwelling units per acre.

5.3.1.2 No person sha ll install more than two (2) EPA Phase II Certified wood burning heaters per acre in any new residential development with a density equal to or greater than three (3) dwelling units per acre.

5.3.1.3 No person shall install more than one (1) wood burning fireplace or wood burn ing heater per dwe lling unit in any new residential development with a density equal to or less than two (2) dwelling units per acre.

5.3.2 Effective on and af ter January 1, 2015

5.3.2.1 No person shall insta ll a wood burning fireplace in a residential development with a density greater than two (2) dwelling units per acre.

5.3.2.2 No person sha ll install more than two (2) EPA Phase II Certified or more stringent cert ification as curr ently enforced under the NSPS, w ood burning heaters per acre in any residential development with a density greater than two (2) dwelling units per acre.

5.3.2.3 No person shall install more than one (1) wood burning fireplace or EPA Ph ase II Certified or more stringent certification, as currently enforced under the NSPS, per dwelling unit in any residentia l development with a density equal to or less than two (2) dwelling units per acre.SJVUAPCD 4901-7 09/18/2014 5.4 Advertising Requiremen ts for Sale of Wood

5.4.1 No person shall sell, offer for sale, or supp ly any wood which is orally or in writing, advertised, described, or in any way represented to be

“seasoned wood” unless th e wood has a moisture content of 20 percent or less by weight.

5.4.2 The APCO may delegate to another pe rson or agency the authority to test

wood for moisture content and determ ine compliance with Section 5.4.1.

5.5 Prohibited Fuel Types

No person shall cause or allow any of th e following materials to be burned in a wood burning fireplace, wood burning heater, or outdoor wood burning device:

5.5.1 Garbage,

5.5.2 Treated wood,

5.5.3 Plastic products,

5.5.4 Rubber products,

5.5.5 Waste petroleum products,

5.5.6 Paints and paint solvents,

5.5.7 Coal, or

5.5.8 Any other material no t intended by a ma nufacturer for us e as fuel in a wood burning fireplace, wood burning heater, or outdoor wood burning

device.

5.6 Episodic Wood Bu rning Curtailment

This section shall be in effect annually during the months of Nove mber through February.

5.6.1 Level One Episodic Wood Burning Curtailment

The APCO shall declare a Leve l One Episodic Wood Burning Curtailment for a geogra phic region whenever the potential for a PM2.5

concentration is forecast to equal or exceed 20 μg/m3 but not exceed 65 μg/m3 for the geographic region.SJVUAPCD 4901-8 09/18/2014 5.6.1.1 A wood burning fireplace , low mass fireplace, masonry heater, outdoor wood burning device, or nonregistered wood burning heater shall not be operated within the geographic region for which a Level One Episodic Wood Burning Curtailment is in effect.

5.6.1.2 A wood burning heater that has an approved and current registration with the District may be operated within the geographic region for which a Level One Episodic Wood Burning Curtailment is in effe ct provided the wood burning

heater:

5.6.1.2.1 Is not fired on a pr ohibited fuel type pursuant to Section 5.5,

5.6.1.2.2 Is maintained according to manufacturer instructions,

5.6.1.2.3 Is operated acco rding to manufacturer instructions, and

5.6.1.2.4 Has no visible smoke when operated under normal operating conditions.

5.6.2 Level Two Episodic Wood Burning Curtailment

The APCO shall d eclare a Level Two Episodic Wood Burning Curtailment for a geographic regi on whenever the potential for a PM2.5 concentration of greater than 65 μg/m3 or for a PM10 concentration of 135 μg/m3 or great er is predicted for the geographic region. No person within the ge ographic region for which a Level Two Episodic Wood Burning Curta ilment has been declared shall operate a wood burning fi replace, low mass fireplace, masonry heater, wood burning heater, or outdoor wood burning device when a Level Two Episodic Wood Burning Cu rtailment is in effect.

5.6.3 The following wood bur ning fireplaces and wood burning heaters are not subject to the provisions of Section 5.6. 1 and 5.6.2:

5.6.3.1 Those in locations where natural gas service is not available. For the purposes of this rule, propane and butane are not considered natural gas, orSJVUAPCD 4901-9 09/18/2014 5.6.3.2 Those for whom a wood burning fireplace or wood burning

heater is the sole available source of heat in a re sidence. This

includes times of te mporary service outages , as determined by the gas or electrical utility service.

5.6.4 Episodic Wood Burn ing Curtailment Notice

The APCO shall notify the public of each Episodic Wood Burning Curtailment by any of th e following methods:

5.6.4.1 Provide notice to newspapers of general circulation within the San Joaquin Valley.

5.6.4.2 Broadcast of messages presented by radio or television stations operating in the San Joaquin Valley.

5.6.4.3 A recorded telephone me ssage for which the telephone number is published.

5.6.4.4 Messages posted on the District’s website, www.valleyair.org.

5.6.4.5 Any other method as the APCO determines is appropriate.

5.7 Registrati on of Wood Burning Heaters

5.7.1 Eligibility for Registration

A wood burning heater is eligible to be regist ered with the District provided it is either:

5.7.1.1 EPA certified with a Phas e II Certification or has a more stringent certification as currently enforced under the NSPS at the time of purchase or installation, or

5.7.1.2 A pellet-fueled wood burning heater exempt from EPA certification requirements pursuant to requirements in the

NSPS at the time of purchase or installation.

5.7.1.3 Wood burning heat ers which do not meet the requirements of

Section 5.7.1.1 or 5.7.1.2 are in eligible for registration.

5.7.1.4 Any re gistration of a wood burning heater which does not meet eligibility requirements is invalid.SJVUAPCD 4901-10 09/18/2014 5.7.2 Interim Registration of Wood Burning Heaters

5.7.2.1 For the wood burning season of 2014/2015 only, an Interim Registration program will be in place. A wood burning heater may participate in th e Interim Registration program provided the wood burning heater:

5.7.2.1.1 Meets the eligibilit y requirements pursuant to Section 5.7.1,

5.7.2.1.2 Is registered in the Interim Registration program prior to use during Le vel One Epis odic Wood Burning Curtailments, and

5.7.2.1.3 Is operated in compliance with Section 5.5 and

Section 5.6.

5.7.2.2 Any interim regi stration of a wood burnin g heater which does not meet qualifications pursuant to Section 5.7.1 is invalid.

5.7.2.3 Any interim registration of a wood burning heater may be disqualified pursuant to Section 5.9.

5.7.3 Registration Process

Effective during and af ter the 2015/2016 wood burni ng season, persons applying to register a wo od burning heater shall:

5.7.3.1 Submit a co mpleted application and supplemental documentation demonstrating co mpliance with the eligibility requirements sp ecified in Section 5.7. 1 to the District. Supplemental docume ntation shall include the following:

5.7.3.1.1 R eceipt or invoice from the installation or purchase that in cludes the manu facturer and model name of the wood burning heater, or

5.7.3.1.2 A certification from a District Registered Wood Burning Heater Profession al verifying that the wood burning heater meets eligibility requirements pursuant to Section 5.7.1.

5.7.3.1.3 If the wood burning heater was purch ased and/or

installed more than one year prior to registration with the District, the pe rson must show proof ofSJVUAPCD 4901-11 09/18/2014 inspection of the wood burning heater from a District Registered Wood Burning Heater

Professional.

5.7.3.2 Pay a registration fee as re quired by Section 3.0 of Rule 3901 (Fees for Registration of Wood Burning Heaters).

5.7.3.3 Operate the wood burning heater in compliance with the requirements in Section 5.5 and Se ction 5.6.

5.8 Renewal of Registration

5.8.1 Registration shall be valid for a period of up to three wood burning

seasons from the date of registration issuance, unless the holder of the certificate is disqualified pursuant to Section 5.9.

5.8.2 Registration may be renewed by complying with the following requirements:

5.8.2.1 Complete and submit to th e District a Regi stration Renewal application with verification th at the wood burning heater has been inspected by District Regi stered Wood Bu rning Heater Professional to verify that it is maintained pursuant to manufacturer specifications.

5.8.2.2 Payment of a registration renewal fee as required by Section

4.0 of Rule 3901.

5.8.3 Failure to comply with Sectio ns 5.8.1 or 5.8.2 may result in disqualification of registration.

5.9 Disqualification of Registration

5.9.1 If the District fi nds a registered wood burni ng heater is operated in violation of the requirements of this rule, the registration may be disqualified, provided that notice and an opportunity for an office conference was afforded pursuant to Section 5.9.4.

5.9.2 A registration disqualified pursuant to Section 5.9.1 may be reinstated if subsequent to the disqualification th e operator of the w ood burning heater demonstrates compliance with the requirements of Section 5.5 and

Section 5.6.

5.9.3 Persons with a disqualified regist ration pursuant to Section 5.9.1 may appeal the determination by petitioning to the APCO.SJVUAPCD 4901-12 09/18/2014 5.9.4 Notice of Preliminary Disqualification Determination

If the District makes a preliminary dete rmination that a registered unit is in violation of Section 5.0, the following actions shall be taken:

5.9.4.1 Notify the person who registered th e wood burning heater, in writing, that the District has made a preliminary disqualification determination a nd pursuant to Section 5.9.1 the District may cancel the registration 30 calendar days after

the date on the notice. The notice shall include all of the relevant facts relating to the preliminary determination that

are known to the District at the time of the notice.

5.9.4.2 Request as part of the noti fication required by Section 5.9.4.1 that the person who re gistered the wood burning heater confer with the District, in an office conference wi thin 30 calendar days of the date on the notice to discuss the facts relating to the preliminary disqualification determination.

5.9.4.3 Conduct the o ffice conference requir ed by Section 5.9.4.2 provided that the person wh o registered th e wood burning heater accepts the re quest for the office conference.

5.9.5 Setting Aside a Disqualification

A disqualification determination pursuant to Section 5.9.1 shall be set aside by the APCO if the pe titioner demonstrates to the satisfaction of the APCO that the violations forming th e basis for the disq ualification were

the result of circum stances beyond the reas onable control of the petitioner and could not have been prevented by the exercise of r easonable care.

5.10 Registration of Wood Burning Heat er Professionals

5.10.1 To qualify to register as a Wood Burning H eater Professional with the District the applicant must meet one of the following criteria; this must be active, valid, and current:

5.10.1.1 Fireplace Inve stigation Research an d Education (F.I.R.E.) Certified Inspector, or

5.10.1.2 Chimney Safety Institute of America (CSIA) certification, or

5.10.1.3 National Fireplace Ins titute (NFI) certification, orSJVUAPCD 4901-13 09/18/2014 5.10.1.4 A person determ ined to be qualified to perform inspections, maintenance, and cleaning ac tivities on wood burning heaters by the APCO.

5.10.2 Persons ap plying to register as a Wood Bu rning Heater Prof essional with

the District shall:

5.10.2.1 Submit a completed applicat ion for registration to the District.

5.10.2.2 Submit any n ecessary supplemental docum ents as determined by the APCO as necessary to verify statements and qualifications as presen ted in the application for registration.

5.10.2.3 If the applicant does no t have a certifi cation pursuant to Sections 5.10.1.1 through 5.10 .1.3 the applicant may submit an application to the APCO with supplemental documentation verifying that th e applicant meets the certificati on standards as required by certifi cations pursuant to Sections 5.10.1.1 through 5.10.1.3.

5.10.3 Registration as a Wood Burning H eater Professional with the District is valid for up to three years fr om the date of issuance.

5.10.4 The District shall maintain a list of registered Wood Burning Heater

Professionals on the Di strict web page.

5.11 Inspection of Register ed Wood Burning Heaters

The District has the right of entry for the purpose of inspecting any wood burning heater registered with the District in orde r to enforce or admini ster this rule.

6.0 Administrative Requirements

6.1 Upon request of the APCO, the manufact urer shall demonstrate that each wood burning heater subject to the requirements of Sections 5.1 or 5.2 is compliant with said requirements.

6.2 The person who registers the wood burni ng heater shall reta in a copy of the District issued regist ration and make it ava ilable upon request.SJVUAPCD 4901-14 09/18/2014 7.0 Test Methods

7.1 Moisture content of wo od shall be determined by th e current version of ASTM

Test Method D 4442.

7.2 Compliance with visible-smoke free operation of the wood burning heater pursuant to Section 5.6 shall be dete rmined using EPA Me thod 22 (Visible Determination of Fugitive Emissions from Material Sources and Smoke Emissions from Flares).