SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS

October 26, 2006 417-1 RULE 417 – WOOD BURNING APPLIANCES Adopted 10-26-06

INDEX

100 GENERAL
101 PURPOSE
102 APPLICABILITY
103 SEVERABILITY
110 EXEMPTION – GASEOUS FUEL
111 EXEMPTION – COOKSTOVES
112 EXEMPTION – COMMERCIAL FIRE-STARTING PRODUCTS

200 DEFINITIONS
201 BUILDER
202 COATING
203 COOKSTOVE
204 FIREPLACE
205 GARBAGE
206 MANUFACTURER
207 MASONRY HEATER
208 PAINTS
209 PAINT SOLVENTS
210 PELLET-FUELED WOOD BURNING HEATER
211 PERMANENTLY INOPERABLE
212 PERMANENTLY INSTALLED
213 RETAILER
214 SEASONED WOOD
215 SOLID FUEL
216 SOLVENT
217 TREATED WOOD
218 U.S. EPA
219 U.S. EPA PHASE II CERTIFIED
220 VOLATILE ORGANIC COMPOUND
221 WASTE PETROLEUM PRODUCT
222 WOOD BURNING APPLIANCE
223 WOOD BURNING HEATER

300 STANDARDS
301 SALE AND INSTALLATION OF WOOD BURNING APPLIANCES
302 OPERATION OF WOOD BURNING APPLIANCES 303 ADVERTISING REQUIREMENTS FOR SALE OF WOOD
304 PROHIBITED FUEL TYPES

400 ADMINISTRATIVE REQUIREMENTS
401 COMPLIANCE REPORT

500 MONITORING AND RECORDS
501 TEST METHODSSACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS

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October 26, 2006 417-3 100 GENERAL

101 PURPOSE: To limit emissions of particulate matter to the atmosphere from the operation of wood burning appliances.

102 APPLICABILITY: This rule applies to: 102.1 Any person who manufactures, sells, offers for sale, supplies, transfers, or operates a permanently installed, indoor or outdoor, wood burning appliance. 102.2 Any person who sells, offers for sale, or supplies wood intended for burning in a wood burning appliance. 102.3 Any person who installs a wood burning appliance in any residential or commercial, single or multi-building unit.

103 SEVERABILITY : If a court of competent jurisdiction issues an order that any provision of this rule is invalid, it is the intent of the Board of Directors of the District that other provisions of this rule remain in full force and affect to the extent allowed by law.

110 EXEMPTION – GASEOUS FUEL: The provisions of this rule shall not apply to appliances that are fired exclusively with a gas eous fuel and certified to meet any of the following ANSI standards: 110.1 ANSI Z21.11.1 – Gas-Fired Room Heaters, Vented 110.2 ANSI Z21.11.2 – Gas-Fired Room Heaters, Unvented 110.3 ANSI Z21.50 – Vented Gas Fireplaces
110.4 ANSI Z21.86 – Vented Gas-Fi red Space Heating Appliances 110.5 ANSI Z21.88 – Vented Gas Fireplace Heaters

111 EXEMPTION – COOKSTOVES: The provisions of this rule shall not apply to cookstoves.

112 EXEMPTION – COMMERCIAL FIRE-STARTING PRODUCTS: The provisions of Section 304 shall not apply to commercial products manufactured expressly for starting a fire in a wood fired appliance.

200 DEFINITIONS

201 BUILDER: Any individual or company that constructs and/or sells any residential or commercial, single or multi-building unit with a wood burning appliance.

202 COATING: A material which is applied to a surface and which forms a film in order to beautify and/or protect such surface.

203 COOKSTOVE: Any wood fired appliance used primarily for cooking food as described in
Title 40 of the Code of Federal Regulations (CFR) Section 60.531.

204 FIREPLACE: Any permanently installed masonry or factory built device designed to operate with an air-to-fuel ratio greater than or equal to 35-to-1, a burn rate over 11 pounds per hour, or a weight over 1760 pounds.

205 GARBAGE: Any solid, semisolid, or liquid wastes generated from residential, commercial, and industrial sources, including trash, refuse, rubbish, industrial wastes, asphaltic products, manure, vegetable or animal solid or semisolid wastes, and other
discarded solid or semisolid wastes.

206 MANUFACTURER: Any person who constructs or imports a wood burning appliance.

207 MASONRY HEATER: Any permanently installed device that meets the definition of a masonry heater in ASTM E 1602-03.SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS

417-4 October 26, 2006 208 PAINTS: Any exterior and interior house and trim paints, enamels, varnishes, lacquers, stains, primers, sealers, undercoaters, roof coatings, wood preservatives, shellacs, and other paints or paint-like products.

209 PAINT SOLVENTS: Any organic solvents sold or used to thin paints or to clean up painting equipment.

210 PELLET-FUELED WOOD BURNING HEATER: Any wood burning heater which is operated on pellet-fuel, and is either U.S. EPA Phase II certified, or exempted under U.S. EPA requirements set forth in Title 40 CFR, Part 60, Subpart AAA.

211 PERMANENTLY INOPERABLE: Modified in such a way that a device can no longer operate as a wood burning appliance.

212 PERMANENTLY INSTALLED: Built or installed in such a manner that the device is attached to the ground, floor, or wall, and is not readily movable. A free standing stove that is attached to an exhaust system that is built into or through a wall is considered permanently installed.

213 RETAILER: Any person engaged in the sale of wood burning appliances directly to the

consumer.

214 SEASONED WOOD: Wood of any species that has been sufficiently dried so as to contain 20 percent or less moisture by weight.

215 SOLID FUEL: Any wood, non-gaseous, or non-liquid fuel.

216 SOLVENT: Any liquid containing a volatile organic compound or combination of volatile organic compounds, which is used to perform cl eaning or thinning of paints or coatings.

217 TREATED WOOD: Wood of any species that has been chemically impregnated, painted, coated, or similarly modified to improve resistance to insects or weathering.

218 U.S. EPA: The United States Environmental Protection Agency.

219 U.S. EPA PHASE II CERTIFIED: Any appliance certified by the U.S. EPA to meet the performance and emission standards set forth in Title 40 CFR, Part 60, Subpart AAA.

220 VOLATILE ORGANIC COMPOUND: For the purposes of this rule, “volatile organic compound” has the same meaning as in Rule 101- GENERAL PROVISIONS AND
DEFINITIONS.

221 WASTE PETROLEUM PRODUCT: Any petroleum product, other than gaseous fuels,
that: 216.1 has been refined from crude oil, and 216.2 has been used, and 216.3 has been contaminated with physical or chemical impurities as a result of use.

222 WOOD BURNING APPLIANCE: Any fireplace, wood burning heater, or pellet-fueled wood heater, or any similar enclosed, permanently installed, indoor or outdoor device burning any solid fuel used for aesthetic or space-heating purposes, which has a heat input of less than one million British thermal units per hour (Btu/hr).

223 WOOD BURNING HEATER: An enclosed, wood burning appliance capable of, and intended for space heating as described in Ti tle 40 CFR Section 60.531 (i.e., wood stove or fireplace insert).SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS

October 26, 2006 417-5 300 STANDARDS

301 SALE AND INSTALLATION OF WOOD BURNING APPLIANCES: 301.1 Effective October 26, 2007, no person shall sell, offer for sale, supply, install, or transfer a new wood burning appliance unless it is one of the following: a. A U.S. EPA Phase II Certified wood burning heater, b. A pellet-fueled wood burning heater, c. A masonry heater, or d. An appliance or fireplace determined to meet the U.S. EPA particulate matter emission standard set forth in Title 40 CFR, Part 60, Subpart AAA, and approved in writing by the Air Pollution Control Officer. 301.2 No person shall advertise, sell, offer for sale, supply, install, or transfer a used wood burning appliance unless it meets the requirements of section 301.1, or has been rendered permanently inoperable. 301.3 Effective April 26, 2007, a. Any person selling, offering for sale, or installing new wood burning appliances shall distribute public awareness information with each wood burning appliance, in the form of pamphlets, brochures, or fact sheets on the following topics: 1. Proper installation, operation, and maintenance of the wood burning appliance, 2. Proper fuel selection and use, 3. Health effects from wood smoke, and 4. Weatherization methods for the home, b. Public information shall be reviewed and approved by the Air Pollution
Control Officer.

302 OPERATION OF WOOD BURNING APPLIANCES: All wood burning appliances shall be installed and operated according to the manufacturer’s specifications. Any U.S. EPA Phase II certified wood burning appliance which has been altered, installed, or disassembled in any way not specified by the manufacturer, or is operated in any manner that would result in emissions exceeding the standards set forth in Title 40 CFR, Part 60, Subpart AAA, shall not be considered a U.S. EPA Phase II certified appliance.

303 ADVERTISING REQUIREMENTS FOR SALE OF WOOD: 303.1 No person shall sell, offer for sale, or supply any wood which orally, or in writing, is advertised, described, or in any way represented to be “seasoned” or “dry” wood unless the wood has a moisture content of 20 percent or less by weight. 303.2 The Air Pollution Control Officer may delegate to another person or agency the authority to test wood for moisture content and determine compliance with section

303.1.

304 PROHIBITED FUEL TYPES: No person shall cause or allow any of the following materials to be burned in a wood burning appliance: 304.1 Garbage, 304.2 Treated wood, 304.3 Plastic products, 304.4 Rubber products, 304.5 Waste petroleum products, 304.6 Paints and other coatings, 304.7 Solvents, 304.8 Coal, 304.9 Glossy or colored paper, 304.10 Particle board, 304.11 Any other material not intended by a manufacturer for use as fuel in a solid fuel burning device.SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS

417-6 October 26, 2006 400 ADMINISTRATIVE REQUIREMENTS

401 COMPLIANCE REPORT: Upon request of the Air Pollution Control Officer, a
manufacturer shall demonstrate that eac h wood burning appliance subject to the requirements of Section 301 meets the standards set forth in Title 40 CFR, Part 60, Subpart AAA.

500 MONITORING AND RECORDS

501 TEST METHODS: Compliance with the requirements of this rule shall be determined using the following test methods:

501.1 Air-to-Fuel Ratio: Air-to-fuel ratio shall be determined by EPA Test Method 28A.

501.2 Moisture Content : Moisture content of wood shall be determined by ASTM Test
Method D 4442-92.