RULE 4901 WOOD BURNING FIREPLACES AND WOOD BURNING HEATERS (Adopted July 15, 1993; Amended July 17, 2003; Amended October 16, 2008)

1.0 Purpose

The purposes of this rule ar e to limit emissions of carbon monoxide and particulate matter from wood burning fireplaces, wood burning h eaters, and outdoor wood burning devices, and to establish a public education pr ogram to reduce wood burning emissions.

2.0 Applicability

This rule applies to:

2.1 Any person who manufactures, sells, offers for sale, or opera tes a wood burning fireplace or wood burning heater.

2.2 Any person who sells, offers for sale, or supplies wood intended for burning in a wood burning fireplace or wood burning heater.

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

2.4 Any person who installs a wood burning fireplace or wood burning 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 ot her than a distributor or a retailer who buys a wood burning fireplace, wood burning heater, or outdoor wood burning device.

3.4 Distributor: any pe rson other than a manufacturer or a retailer who sells, offers for sale, or supplies wood burning fireplaces, wood burning heaters, or outdoor wood burning devices to retailers or others for resale.

3.5 EPA: the United States E nvironmental Protection Agency.

3.6 EPA Phase II Certified: meets the performance and emissions st andards set forth in the Code of Federal Regulations, Part 60, Title 40, Subpart AAA.

SJVUAPCD 4901-1 10/16/20083.7 Garbage: any solid, semisolid, and liqui d wastes generated from residential, commercial, and industrial sources, incl uding trash, refuse, rubbish, industrial wastes, asphaltic products, manure, vegetable or animal solid or semisolid wastes,

and other discarded solid or semisolid wastes.

3.8 Low Mass Fireplace: Any fi replace and attached chimney, as identified in ASTM E 2558-7, “Determining Particulate Matter Emissions from Fires in Low Mass Wood-burning Fireplaces,” that can be wei ghed (including the weight of the test fuel) on a platform scale.

3.9 Manufacturer: any person who constructs or imports a wood burning fireplace or wood burning heater.

3.10 Masonry Heater: Any site -built or site assembled, solid-fueled heating device constructed mainly of masonr y materials in which the h eat from intermittent fires burned rapidly in its firebox is stored in its structural mass for slow release to the site. Such solid-fueled heating devices must meet the design and construction specifications set forth in ASTM E 1602-3, “Guide for Construc tion of Solid Fuel Burning Masonry Heaters.”

3.11 New Residential Developm ent: any single or multi fa mily housing unit, for which construction began on or af ter January 1, 2004. Cons truction began when the

foundation for the structure was constructed.

3.12 New Wood Burning Heater: any wood bur ning heater that has not been sold, supplied, or exchanged for the first tim e by the manufacturer, the manufacturer's distributor or agency, or a retailer.

3.13 Outdoor Wood Burning Device: any wood burning fireplace, wood burning stove, or other device designed to burn wood that is located outside of a building or structure. This includes, but is not limited to, bur n bowls, fire pits,

and chimineas. This does not include fire pits at state parks, national parks, or

national forests.

3.14 Paints: any exterior a nd interior house and trim pa ints, enamels, varnishes, lacquers, stains, primers, sealers, underc oaters, roof coatings, wood preservatives, shellacs, and other paints or paint-like products.

3.15 Paint Solvents: any organic solvents sold or used to th in paints or clean up painting equipment.

3.16 Pellet-Fueled Wood Burning Heater: a ny wood burning heater which operates on pellet-fuel and is either EPA-certified or is exempted under EPA requirements set forth in the Code of Federal Regulations, Part 60, Title 40, Subpart AAA.

SJVUAPCD 4901-2 10/16/20083.17 Pellet Fuel: includes, but is not limite d to, compressed saw dust, paper products, forest residue, wood chips and other waste biomass, ground nut-hulls and fruit pits,

corn, and cotton seed.

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

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

microns.

3.20 Real Property: the land itself and anyt hing that is permanen tly affixed to the land, such as buildings, and structures . Examples of real property include heating and air conditioning systems, water lines, or electrical systems that primarily are used to control the environment for people a nd to benefit the land.

3.21 Retailer: any pers on engaged in the sale of wood burning fireplaces, wood burning heaters, or outdoor wood burning devi ces directly to the consumer.

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

3.23 Sole Source: the only source of heat in a residence.

3.24 Treated Wood: wood of any species that has been chemi cally impregnated, painted, or similarly modified to improve re sistance to insects or weathering.

3.25 Used Wood Burning Heater: any wood burn ing heater that has been used at least once, except wood heaters that have been used by retailers for the purpose of

demonstration.

3.26 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.

3.27 Wood Burning Fireplace: any permanently installed masonry or factory built device designed to be used with an air-to-fuel ratio greater than or equal to 35-to-1.

3.28 Wood Burning Heater: an enclosed, wood burning appliance capable of and intended for space heating (i.e. wood stove or wood burning fireplace insert).

SJVUAPCD 4901-3 10/16/20084.0 Exemptions

The following devices are exempt fr om the provisions of this rule:

4.1 Devices that are exclusively gaseous-fueled.

4.2 Cookstoves, as describe d in Code of Federa l Regulations 60.531.

5.0 Requirements

5.1 Sale of Wood Burning Heaters

5.1.1 No person shall sell, offer for sale, s upply, install, or transfer a new wood burning heater unless it is EPA Phase II Certified, or is a pellet-fueled wood burning heater.

5.1.2 No person shall advertise, sell, offer for sale, supply, install, or transfer a used wood burning heater unless it has been rendered permanently inoperable, or is EPA Phase II Certifie d, or is a pellet-fueled wood burning heater, or is a low mass fireplace, ma sonry heater, or other wood-burning

device of a make and model that meet s EPA emission targets and has been approved in writing by the APCO.

5.1.3 Retailers selling or offering for sale new wood burning heaters shall supply public awareness informati on with each sale of a wood burning heater in the form of pamphlets, brochures, or fact sheets on the follo wing topics listed in Sections 5.1.3.1 through 5.1.3.5. Public awareness information 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, and

5.1.3.5 Proper sizing of wood burning heaters.

5.1.4 Sections 5.1.1 and 5.1. 2 do not apply to wood bur ning heaters subject to

Section 5.2.

SJVUAPCD 4901-4 10/16/20085.2 Sale or Transfer of Real Property

5.2.1 No person shall sell or transfer any real property wh ich contains a wood burning heater without first assuri ng that each wood burning heater included in the real prope rty is EPA Phase II Certified, a pellet fueled wood burning heater, permanently rendered i noperable, or removed and rendered inoperable.

5.2.2 Upon the sale or transfer of real pr operty, the seller shall provide to the recipient of the real property, an d to the APCO, documentation of compliance with Section 5.2.1 of this rule. Documentatio n shall be in the form of a statement signed by the se ller describing the type(s) of wood burning heater(s) included in the real property transaction, and any action taken to comply with Section 5.2.1. The APCO shall make blank forms available to the public for the purpos e of fulfilling this requirement.

5.2.3 Documents required by Secti on 5.2.2 shall be retained by the recipient of the real property and shall be made available to the APCO upon request.

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

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

5.3.2 No person shall 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.

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

5.4 Advertising Requirement s for Sale of Wood

5.4.1 No person shall sell, o ffer for sale, or supply any wood which is orally or in writing, advertised, desc ribed, or in any way repr esented to be “seasoned

wood” unless the wood has a moisture content of 20 percent or less by weight.

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

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

SJVUAPCD 4901-5 10/16/20085.5 Prohibited Fuel Types

No person shall cause or a llow any of the following mate rials to be burned in a wood burning fireplace or wood burning heater:

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 manufacturer fo r use as fuel in a solid fuel burning device.

5.6 Episodic Wood Burning Curtailment

This section shall be in effect during the months of November through February.

5.6.1 No person shall operate a wood burni ng fireplace, wood burning heater, or outdoor wood burning device whenever the APCO notifies the public that an Episodic Curtailment is in effect for the geographic re gion in which the wood burning fireplace or wood burning heater is located.

5.6.2 The APCO shall notify the public of an Episodic Curtailment for a geographic region whenever the potentia l for a PM2.5 concentration of 30 μg/m3 or greater or for a PM10 concen tration of 135 μg/m3 or greater is predicted for the geographic region.

5.6.3 The following wood burning fireplaces and wood burning heaters are not subject to the provisions of Section 5.6.1:

5.6.3.1 Those in locations where natura l gas service is not available. For the purposes of this rule, propane is not considered natural gas.

5.6.3.2 Those that are the sole source of heat in a reside nce. This includes times of temporary service outages , as determined by the gas or electrical utility service.

SJVUAPCD 4901-6 10/16/20085.6.4 Episodic Curtailment Notice

The APCO shall notify the public of each Episodic Curtailment by any of the following methods:

5.6.4.1 Provide notice to newspapers of ge neral 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 message fo r which the telephone number is published in the telephone direct ory or newspape r of general circulation within the San Joaquin Valley.

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

.

5.6.4.5 Any other such method as the AP CO determines is appropriate.

5.6.5 Contingency Provision

Notwithstanding Section 5.6.2, on and after sixty days following the

effective date of EPA final rulema king that the San Joaquin Valley Air

Basin has failed to attain the 1997 PM2.5 National Ambient Air Quality Standards by the applicable deadline, the APCO shall notify the public of an Episodic Curtailment for a geographic region whenever a PM2.5 concentration of 20 μg/m3 or great er or a PM10 concentration of 135 μg/m3 is predicted for the geographic region.

6.0 Administrative Requirements

6.1 Upon request of the APCO, the manufactur er shall demonstrate that each wood heater subject to the requirements of S ections 5.1 or 5.2 meets EPA's Phase II certification standards as applicable.

6.2 Moisture content of wood shall be determined by ASTM Test Method D 4442-92

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