UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 1200 Sixth Avenue, Suite 900 Seattle, WA 98101-3140

OFFICE OF AIR, WASTE AND TOXICS



### Stu Clark Washington State Department ofEcology PO Box 47600 Olympia, W A 98504-7600 Craig Kenwotihy 1904 Third Avenue - Suite 105 Seattle, WA 98101

Re: Review ofDraft Puget Sound Clean Air Agency Wood Smoke Regulations
Dear Mr. Clark and Mr. Kenworthy: As you know , our three agencies have been working together closely to address fine particulate matler in tht: Tacoma, Pierce County nonattainment area. I applaud you and your staff for the highly effective Tacoma-Pierce County Clean Air Task Force meetings last year. As part ofour ongoing cooperation, I asked my staff to review the proposed changes to your regulations implementing the task force recommendations. Based on current EPA policy and requirements, we believe these rule revisions would be approvable into the State Implementation Plan if submitted without significant changes. EPA will make a fin al deci sion based on its' review of the complete State Implementation Plan that is submitted following your public process and after consideration ofany comments we receive as part ofEPA's public process. If you have any questions please feel free to contact me at 206-553-1847 or have your staff contact either Debra Suzuki , State and Tribal Air Programs Unit Manager, at 206-553-0985 or JeffHunt, PM2 .5 

### stafflead, at 206-553-0256.

Sincerely,

Ri hard Albright, Director Office ofAir, Waste, and TaxiesUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 1200 Sixth Avenue, Suite 900 Seattle , WA 98101-3140



### August 17, 2012 OFF I CE OF AIR. WAST E

. AND TOXICS



### MEMORANDUM SUBJECT:

FROM:

TO: Review ofDraft Puget Sound Clean Air Agency Rules: Regulation I- Article 13: Solid Fuel Burning Device Standards 

### Je!fHunt, PM,

.sLead

# ~= Tacoma, Pierce County Nona tnrnent Area Debra Suzuki, Unit Manager State and Tribal Air Programs Unit

The Puget Sound Clean Air Agency (PSCAA) rules contained in 

### Regulation I- Article 13: Solid Fuel Burning Device Standards were incorporated into the Washington State Implementation Plan (SIP) in three actions: 8/29/94 (59 FR 44324), 10/26/95 (60 FR 54812) , and 8/31 /04 (69 FR 53007). PSCAA is currently in the process ofrevising their rules for incorporation into the SIP to include fine particulate matter (PM2. 5) 

### and to incorporate enforcement and program implementation recmmnendations from the Tacoma-Pierce County Clean Air Task Force (htt p: / /wvv..-...v .cl

### ea nait ]Jiercecounty.org/taskf orce/indcx . aspx ). PSCAA asked EPA Region 10 to review draft revisions to Article 13 so that any errors or EPA concerns can be addressed prior to the start ofthe public comment period. Barring significant comments or changes during the public comment period, PSCAA intends to submit this version ofthe proposed rules to EPA in December 2012 for final review and incorporation into the SIP

. I reviewed the proposed changes with respect to enforceability as discussed in Clean Air Act (CAA) section 11 O(a), specifically: 

### CAA 111 O(a)(2) "Each implementationplan submitted by a State under this Act shall be adopted by the Stat e after reasonable notice and public hearing. Each such plan shall- "(A) include enforceable emiss ion limitations and other control measur es, means, or techniques (including economic incentives such as fees, marketablepermits, and auctions of emissions rights), as well as schedules and timetablesfor compliance, as may be**necessa~y** 

### or appropriate to meet the applicable requirements of this Act;"

### I also reviewed the proposed changes with respect to relaxation as discussed in CAA section 11 0(1 ) , specifically: 

### CAA II0(1) "Plan Revisions -Each revision to an implementationplan submitted by a State under this Act shall be adopted by such State after reasonable notice andpublic hearing. The Administrator shall not approve a revision of a plan 

### if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section I7I), or any other applicable requirement of this Act."

Attached is a redline strike out version ofthe existing SIP-approved rules compared to PSCAA ' s proposed revisions. I analyzed each ofthe proposed changes from a program implementation standpoint. Based on my review ofthe draft rules, I did not find any potentia l 110(a) enforceability or 11 0(1) relaxation deficiencies. 

### It is also my determination that the proposed rules as currently written would significantly strengthen the SIP if submitted for EPA final review after undergoing the appropriate state and local public participation process .

### ARTICLE 13: SOLID FUEL BURNING DEVICE STANDARDS
SECTION 13.01

_ POLICY AND PURPOSE Adopted 

### 11 / 10 /88 (634) Revised 

### 09/26/91 (708) , 09/09/99 (895) The Board of Directors ofthe Puget Sound Clean Air Agency (Board) declares it to be the public policy of the Agency to control and reduce air pollution caused by**weHt:h~mitlt;ions.solid** fuel burning devices such as vvood stoves, pellet stoves. and fireplaces. 

### It is the Agency's policy to reduce woodstove emissions by encouraging the continued efforts to educate the public about the heJ.llth effects of woodstovewood**stov~ emissions** **~.** and cleaner heating**altematives ,.-aH-El~**  lt is the**~-ahltityffitent** of ae-lti-evffig-hetter emission**perfuffllitfl€€-~g-€!1iciency** ffeffi woodstoves punmunt to the emissions performance 

### sttmdaffis--as adopted by the Departmentthis regulation to secure <md maintain levels offu>logy. It is further the J.*:>lfeyair qualitv that protect human health and to comply with the requirements of the Board to encourage the replacement of uncertified v;oodstoves with cleaner sources ofheatstate and federal Clean Air Acts

.
The Board encourages cities , towns and counties within itsjurisdiction to adopt weodsmoke t->entrel-pfogn'lms indudffig-enhanced public education-afld...abateffi€-Rk7Hffitt'tfl€CS and assist in the enforcement ofthis Regulation during declared air quality episodes and periods of impaired air quality. Nothing in**thi~;** Regulation shall be construed to impair the right of any city, town or county to adopt and enforce 'Noodsmoke**abat~**



### EPA's Analysis- The revi sed rule language above does not significantly affect the SIP.



### SECTION 13.02 DEFINITIONS Adopted 09123i04 

### (1036) Revised 

### 09/22/05 (1 

### 057) When used**itHffis-A~hereil! :**  (a) 

### ADEQUATE SOURCE Of HEAT (a) ADEQUATE SOURCE OF HEAT means the abilitya heating svstem desiQned to maintain +G----fseventy degrees Fahrenheit at a point .;three feet above the floor in al-l-each normally inhabited**areas--e~+wel-l-H-t-g:-room.** If any part of the heating svstem has been disconnected. damaged, or is otherwise nonfunctionaL the**A~ency** shall base the assessment of the adeguacv ofthe design on the svstem's capabilitv prior to the disconnection, damage, failure to maintain. malfunction. or occurrence that rendered the svstem nonfunctional.

### EPA's Analysis- This revised rule language strengthens the SIP by implementing the task force recommendation to address ambiguity and enforcement concerns related to the 'Only Adequate Source ofHeat' exemption.



### (b) 

### flRST STAGE Of IMPi\IRED .AIR 

### Qt':\.LITY means a condition declared 

### by 

### the Control Officer when particulate:; I0 microns and smaller in diameter are at an ambient level of 

### 60 micrograms per cubic meter measured on a 2(1 hour average or '.vhen carbon**mon~-ts-at** 

### aR-an=H:>ient level of 

### 8 parts 

### of contaminant per million**part~;** 

### of-ai-f.-b-y--vok-tme--mea5ttret'Htfl-frft-&

- hour average.



### EPA's Analysis- This revised rule language strengthens the SIP. In reviewing data for 

### PMw maintenance areas such as the draft Thurston County 2nd 10 year maintenance plan, EPA believes that bum ban trigger levels set to address the more stringent 24-hour PM2.s standard are more protective for both PM2
.5 and 

### PMw emissions than older trigger levels based on the PM 10 standard. EPA plans to revise future PM 10 2nd 10 year maintenance plans within PSCAA'sjmisdiction to be consistent with the more protective PM2

.sbum ban trigger levels.

(e) SEASONED WOOD meam wood of any species that has been sufficiently dried so as to contain 20% or less moisture 

### by weight.



### EPA's Analysis- The revised rule language above does not significantly affect the SIP. A discussion ofmoisture content in wood is already covered in another part ofthe definitions section.

(b) AGENCY means the**Pu~t** Sound Clean Air Agencv.
(c) CERTIFIED \VOOD STOVE means a wood stove that: (l) has been detennined bv Ecology to meet_Washington ernission performance standards. pursuant to RCW 70.94.457 and WAC 173-433-l 00; or (2) has been certified and labeled in accordance with procedures and criteria specified in "40 C.F.R. 60 Sul?.llilrl A

..A

...A.

- Standards ofPerfom1ance for Residential Woog Heaters" as amended through J ul v I 

### ,..l22Q;_QI (3) meets the "Oregon Department of Environmental Qualitv Phase 2" emissions standards contained in Subsections (7) and (3) of Section 340-21-t 15. and is not cetiitiecl in accordance with "Oregon Administrative Rules. Chapter 340. Djvision 

### 2

## t_- \Voo_Q_stov9_ Certification" dated 1'j_9vember 

## 1984..:

2

### EPA's Analysis- This revised rule language strengthens the SIP by implementing the task force recmmnendation to address ambiguity and enforcement concerns regarding the use of certified and uncertified woodstoves during bum bans.

(d) COAL-ONLY HEATER means an enclosed, coal burning appliance capable of and intended t()r residential space heating, domestic \:Vater heating, or indoor cooking and has all of the t()llowing characteristics: (l) An opening for emptving ash which is located ncar the**b~1ttom** or the side ofthe appli<mce; (2) A svstem which admits air primarily_up and through the fuel bed: (3) A !.!rate or other similar device t()r shaking or disturbing the fuel bed or power driven mechanical stoker: and (4) The model is listed by a nationallv recognized satetv testing laboratorv for use ofcoal only, except f()r coal ignition purposes.


### EPA's Analysis- This revised language was added to be consistent with the SIP-approved state regulations contained in WAC 173-433-030.

(c) FJ;":OLQGY

..**!:!lean~Jhe** Washington State Depm1ment of Ecology. (t) EPA means the United States Environmental Protection Agencv. {g) FINE PARTICULATE or Pl\1'"'.5 means pg.rticles \Vit.!J an aerodvnamic diameter less than or equal to a nominal 2.5 micrometers. f.hLFIREPLACE means anv pennanently installed masopry fireplace or anv**i~1ctory-built** metal solid fuel bumin2: device designed to be used with an open combusti..Qn chamber and without features to control the air to fuel ratio. 

### (il NONAFFECTED PELLET STOVE means a pellet stove that has an air-to-fuel ratio**~gual** !.Q..Qr..greater than 35.0 to 

### 1.0 when

_ _tested bv an**acc_redit~d** laporaJm.:yj.P**acf_ordaQS:~** with methods and procedures specitied bv the EPA in "40 CFR 60 Appendix A. Test Method 28A- Measurement ofAir to Fuel Ratio and Minimum Achievable Burn Rates tor\Voocl-Fired Appliances" as amended**throu~h** Julv 1, 1990.


### EPA's Analysis- This revised rule language strengthens the SIP by implementing the task force recommendation to address ambiguity and enforcement concerns regarding the use of pellet stoves and fireplaces during burn bans.
3

## flB(j) NONATTAINMENT AREA means a geographical**are§:._g.§_~_im:wtecl** bv EPA at 4Q C.F.R. Pat1 81 as exceeding a National Ambient Air Quality Standard for a given criteria pollutant. An area is nonattainment onlv for the pollutants for which the area has been desi6JTI.ated nonattainment.



### EPA's Analysis- This revised rule language strengthens the SIP by implementing the task force recommendation to have more protective standards for nonattaimnent areas.

(k) PMl0 means particles with an aerodvnamic diameter less than or equal to a nominal l 0 micrometers. (€1(1) PROPERLY SEASONED 

### FUEL WOOD means wood ofany species that has been sufficiently dried t;o as to containuntrcated wood or untreated lumber with moisture content of 

### 20% or less moisture by 

### '>veight. , wet basis. or**25~ o**  or less. drv basis. 

### fd) SECOND STAGE OF 11'\'JPAIRED 

### AIR QUt\LlTY meam; a conditi{· m declared by the**Geftl::t:ef~tHtt-iieH.ffit:es** l 0**mierm-ts-ttnfr.sffiatter-ffi-climn-eter~at** an ambient lev-el-e:f lOS micrograms per cubic meter measured on a 21 hour average.



### EPA's Analysis- This revised rule language strengthens the SIP. See discussion above regarding PM2 .5 and PM 10 trigger levels.

ftB(m) (e)**SOI~ID** FUEL BURNING DEVICESOLID FUEL BURNING DEVICE or SOLID FUEL HEATING DEVICE means a device that bums wood, coal, or any other nongaseous or nonliquid fuels, and includes any device burning any solid fuel · which has a heat input less than one million British thermal units per hour. This includes. but is not limited to. devices used for aesthetic or space-heating purposes in a private residence or commercial establishment that 

### hat; a 

### heat input less than 

### 1 

### million Btu per hour (0.29**~'l"'j** f ••• ..! (4}-T-R:EAT-ED-WQOD 

### in) SUBSTANTIALl"Y B,EMODE!:,_EQ means any alteration or_rcstoration**o:(_~** 

### builcling exceed**in~** sixty percent ofthe appraised value of such building within a twelve-month period.


### EPA's Analysis- This revised rule language strengthens the SIP by implementing the task force recommendation to address ambiguity and enforcement concerns related to the 'Only Adequate Source ofHeat ' exemption for buildings constructed or substantially remodeled after July 1, 1992.(o) TACOMA, \VASHfNGTON FINE PARTICULATE NONATTAli\MENT AREA means the area of Pierce County that is**desi~-.rnated** hv EPA as not meeting the '006 federal 24-hr tine patticulatc National Ambient Air Quality Standard and described in 40 CFR 81.348. This area is alsl) known as the Tacoma, Pierce Countv Nonattainment Area. te)(p) TREATED WOOD means wood or lumber of any species that has been chemically. impregnated, painted, or similarly modified.,. to prevent weathering and deterioration. (g) WOOD STOVE or WOOD HEATER means an enclosed solid fuel buming device capable ofand intended for residential space heating and domestic water heating that meets the following criteria contained in "40 CFR 60 Subpatt AAA
- Standards of Perfonnance tor Residential Wood Heaters" as nmended through July l, 1990: ( 1 ) An air-to-fuel ratio in the combustion chamber averaging less than 35.0. as determined by EPA Reference Method 28A: (2) A useable firebox volume of less than twenty cubic teet: 

### (3) 

### A minimum bum rate less than 

### 5 kg /hr as determined bv EPA Reference Method 

### 28: and 

### (4) A maximum weight 

### of 800 kg, excluding fixtures and**device~** that are nl)rmallv sold separately, such as flue pipe, chimnev. and masonrv components not integral to the appliance. Anv combination of pmts, tvpicallv consisting of but not limited to: doors. legs, flue pipe collars. brackets. bolts and other hardware. when manuf.:actured for the P.l:!£POSe ofbeing**assembl_~Q..,__with.** or**w~t!.lout_additional** ovvner supplied parts , into a \-yoodstove, 

### is considered a woodstove.


### EPA's Analysis- This revised rule language strengthens the 

### SIP by implementing the task force recommendation to address ambiguity regarding the use ofwood stoves during bum bans and to define the universe of wood stoves that must be removed per section 13.07

.


### SECTION 13.03 _OPACITY STANDARDS (-u) It**~;hull** 

### be unlawful for aey (a) A person**ro,~b_gll** not cause or allow the-emission of any 

### air contaminanta smoke 

### .Qlum<;? from any so lid fuel burning device**.fur-a--pe~.:ittd-OF-pefi-et:i-s-&<Jgregat-ing-ttwre-tha&-3to** exceed an average 

### of tv.enty percent opacitv f(>r six consecutive minutes in any +-onehour 

### .--w:h-iel-1-f.:r. period. (l) Darker in shade than that designated as No. 1**(JO?~** density) on the Ringelmann Chart, a:; 

### puhlit;bed by the 

### United StateG Bureau of 

### Mine:3: or 5**~)-G.f-s-H£-tH:1f*te-i-ty** 

### as to obscure**aH--ebser-'r'ff~r..-ttt--a-tk-gre-€-e-~-ltttl--t"'-+-Etf-gr-ea-t-eHltatt** 

### does smoke described 

### in Subsection 

### I3.03(:a)( 

### I). (h) 

### This section shall not 

### apply "vYhen the pre[;enec ofuncombined \Vater 

### is the only reason for 

### the fail-u-re of

### the 

### emts-sio-&-ffi-meet the**requ~rem-ettts--e-f-t.h.i:>** 

### sectiofr. (b) Test method and procedures. Methods and procedures specified bv the EPA in ''40 CFR 60 Appendix A reference method 

### 9**-Visuai_Det~rminations of1J1~__Q_Jhl~itv**  of Emissions from Stationary Sources" as amended through Julv L 

### 1990. shall be used to determine compliance with subsection (a) ofthis section. 

### tej( c) Enforcement. Smoke visible from a chimnev. flue. or exhaust duct in excess of the opacitv standard shall constitute prima facie evidence of unlawful operation ofa solid fuel burning device. This presumption may be refuted by demonstration that the smoke was not caused bv a solid fuel burning device. The provisions of this section shall not applv during the starting ofa new fire tor a period not to exceed twentv minutes in anv four-hour period.



### EPA's Analysis- This revised rule language updates the PSCAA regulations to be consistent with the SIP-approved state opacity regulations contained in WAC 173-433- 110.



### SECTION 13.04 PROHIBITED FUEl, TYPES A person shall not cause or allov; any of the follov.:ing materials to be burned in a solid fuel burning device: (l) Garbage; (2) Treated wood: (3) Plastics; 

### (4) Rubber 

### productn; (5) :\nimab; 

### (&1---A-svfl-al-t-ie products; (7) \Vaste petroleum products: (8) 

### Paintn; or t9) 

### Any 

### substance, other than properly seasoned fuel wood-;-er-*-'eal--with 

### sulfuF-€t}nhmtlet>G than**-l:~b-y** 

### weight-b-u-fned-H-1--iH-"'00-l--s-l:e-ve,-w-flie-h--!.ffiflHatly--em· ' ·, ·

### ous odOf& SECTION 13.04 ALLO\VED AND PROHIBITED FUEL 

### TYPES (a) A person shall cause or allow only the tollO\:ving materials to be burned in a solid fuel buming device: ( 1 ) Properly seasoned fuel wood: or (2) An amount of paper necessary for starting a fire: or !3) Wood pellets: or 

### 6

### (4) Biomass fire 

### logs intended for burniqg in a 

### wood stove or fireplace: or (5) Coal v\ 

### ith sulfur**cont~nt** 

### less than**l.O~'o** bv 

### weight burned in a 

### coal-onlv heater. (b) All 

### other materials arc prohibited from being**burn~d** 

### in a solid fuel burning device. including. but not limited to:**garbag~_pallets: treatedJ.!llT!_Q~r:**  

### fencing:**tr~ate<;l** 

### \vood: Q.las_!j..f 

### ang**plasti~_p_mdu.s._ts:** 

### rubber products: animal carcasses: asphal!.if_nrodu£L"._;_**\vas~** petroleum products: paints and chemicals: paper (other than an 

### amount necessary 

### to start 

### a tire): or anv subst<mce that emits dense smoke or obnoxious odors.



### EPA's Analysis -This revised rule language strengthens the SIP. EPA suggested a change from "prohibited fuel types" to "allowed and prohibited fuel types" based on our successful experience with similar language used in the Federal Air Rules for Reservations.



### Any pemoR--i-H a residence or comfl'l€f-eial-establishmentthat 

### hw; an adequate mmrce of heat w-i-t-flB-Ut-usitt":?:·a-se-kG-ftlel b

### umi-ng-tl-e-vi-ee shall: (a) Not 

### use any S•)lid fuel buming device except those 

### which are either Oregon Department of 

### Environmental Quality Phase II 

### or United States Environmental Protection Agency cliJrtified or certified-l7j'-the Department of Ecology under RCW 70.9·1.,157(1) or a pellet stove**eitn~erti-fi-ed****eF-tsstt-ed-a~t-€*emf-*it>t.T-by-tfle...Uffitefr.Slates****e;.wi-mnme~ttal** 

### Protection Agen:cy in**a~e** 

### \Vith Title '10. Part 60 of the Code ofFederal Regulations, in the geographical area and for the period oftime that a first stage ofimpaired air quality hat; been declared for that area. (h) 

### Not 

### w;e any solid fuel burning device in 

### a geographical area and 

### tor the period of time that a seet-mtktage-&f..iffi.paH:eti-a+Htuality has 

### been declared for that area. 

### (e)-Gomplia1tce with-the above sol**i-<+-fu..e.l-burn+ng-<-le-vi€e-c-urt-aill:fk::."'flf-fules-nray-l.K-a...e~Tffir-eeEl-a:f=ler** 

### a-tH.:ne**period-e-R-f~etrrf7sed** 

### from the 

### tin:re-e-HiedaratioR-BHt-ltpa-iree--a-if.-q-u-ati+y;-Sn:t-eke vit>ib!e from a 

### chimney. flue. or exhaw;t duct shall constiMe-p-t:itt-ta-4fu.."-i-e-ev-i.J.ewe--&f-un-l-awRH operation ofan applicable solid fuel Imming deYice. This presumption may be retuted by demon:ltration that 

### the smoke was 

### not caw;cd by an applicable solid fuel burning device.

SECTION 13.05 RESTRICTIONS ON OPERATION OF SOLID FLEL BlJRNING DEVICES**(illJ~·o** person in a residence or commercial**~stablishment sha!l.9.1~l!l!.9**  a 

### so!iQ_fuel bumiQ.g device 

### under anv 

### ofthe folh)\vin!! conditions:

7(1) Whenever the Agencv has declared the first stage of impaired air gualitv for a geographical area in**accordans.~** w_i!h**RC\V_7_~1.2J.4I3(JJJQ}ill_orJ.iiLunless** an exemption for the residence or commercial buildint! has been obtained from the At!ency pursuant to subsection (d) of this sectinn or the solid fuel burning device is one of the following: U\) A nonaffected pellet stove: or (B) A · wood stove cettified and labeled bv the EPA under "40 CFR 60 Subpatt AAA- Standards ofPerfom1ancc f{)r Residential Wood Heaters" as amen_g_fd tllrOiJ._ghJ..!!-b::

__ 

## L

__.199_Q: 

## or (C) A wood stove meeting the '·Oregon Dypartmcnt ofEnviromnenta] Quality Phase 

### T emission standards contained in Subsections (2) and (3) of Section 340-21-115. and certified in accordance \Vith "Oregon Administrative Rules. Chapter 340, Division 21

-- Woodstove Certification" dated November 1984: or {Q)A solid fuel burning device approved bv Ecology as meeting the standards in RCW 70.94.457(l)(a)-(b). _l2) Whenever the A_gncv has de dared_ the second stage ofimpaired air q u<ili.tiJQ.r a geographical area in accordance with RCW 70.94.473( l)(c)(i). (ii), or (iii) unless an exemption for the residence or commercial building has been obtained from the Agency pursuant to subsection (d) of this section. (b) · whenever a tirst stage of impaired air quality is declared under subsection (a)( 1): ( 1) New solid fuel shall be withheld from any_solid fuel buming device alreadv in operation for the duration of the first stage ofimpaired air quality ifthat device 

### is restricted from operating in the first stage of impaired air qualitv; (2) Smoke visible from a chimney. Hue

. or exhaust duct after three hours has elapsed ii"om the declaration of a first stage of impaired air Q.!:!._ality shall constitute prima facie evidence ofunlav

...·ful operation ofa solid fuel buming device ifthat solid fuel burning device is restricted from operating during a first stage of impaired air quality

. This presumption mav be refuted bv demonstration that the smoke was not f.'!.!lSCd 

### by a solid fuel buming device. (c) Whenever a second stage of impaired air qualitv is declared under subsection (a)(2 ): ( l) New solid fuel shall be withheld from any solid fuel burning device already in**Qp~I.~l_tion** tor**th~clura~joru2LJ:he** sccond_stage 9fimQ;!_jred**~ir qualitvjft11g** **ULeyicS!_i~** restricted from operating in the second stage of impaired air quality. (2) Smoke visible from a chimney, t1ue. or exhaust duct after three hours has elapsed from the**de~laration** of a second stage of impaired ail' gualitv shall constitute prima**!1l£.i~- ~~ide,t}£~_OC\:!.n1avvt~}**  operation**of;~** solid fuel burning device iftJJ.?

....**L~Q.lL<i_fu91** 8.bu!1li.!lg device is restricted ii:mn**op~rating** during a second**stag~-** o(_imQ!1ired 

## air qualitv. This presumption mav be refuted bv demonstration that the smoke was not caused by a solid fuel huming device. (d) Anv person desiring an exemption 

### trom the Agencv for the purposes of subsections (a)( 1) or (2) of this section shall applv to the Agency using procedures specified by the Agcncv. ( 1 ) The following arc eligible t(x exemption: 

## L.d.l A**re~dcnce** or comJ.nerch_1l_buiWing111..i!!Jills**ILQ__(!dequat~_ource** Qf**h~ltt** other than a solid fuellmming device and the building \Vas neither constructed nor substantially remodeled after Julv 

### 1, 1992. 

# nn..A residence or commercia] huildin_g__thatbas no ad_equate source**ofh£.~.!** other than a solid fuel heating device and the buildinQ:
i. was constructed or substantially remodeled after Julv 1, 1992: and ii. is outside an urban growth area, as detined in RCW 36.70A: and iii. is outside an area designated by EPA as a PM2.5 or PMl 0 particulate nonattainment area.
(2) Exemptions shall be valid t()r a period determined by the Agency. Exemptions may be renewed**u~ingJ?._roced!,!re~** speGified b_y_!}1e Agencv. provided the applicant meets the applicable requirements at the time ofexemption renewal. Exemptions mav be revoked if the Agency determ ines the residence or commercial building for which the exemption was approved no lon2:er gualifies for an exemption.



### EPA's Analysis- This revised rule language significantly strengthens the SIP by implementing the task force recommendation to improve enforceability of the bum bans and close loopholes related to the 'Only Adequate Source ofHeat' exemption. This revised rule language also incorporates changes to RCW 

### 70.94.473 which allows more protective bum ban trigger levels for nonattainrnent areas and areas at risk for fine particulate nonattainrnent.

SECTION 13.06 EMISSION PERFORMANCE STANDARDS.**t!1_~9J.ill...fuei**__**Q.~l1Jing devices.**  A person shall not advertise to sell.,_Qffer to**s~IL s~!L**  bargain, exchange. give awav, or install a solid fuel burninQ device unless it meets 

### both subsections (1) and (2): ( 1 ) it has been certified and labeled in accordance vvith.J?.rocedures and criteria specified in "40 CFR 60 Subpart AAA- Standards of Perfonnancc for Residential Wood Heaters" as amended through Julv l, 

### 1990: and
9(2) it meets the tollowing particulate air contamirwn!_enli_sshm**sm.udard~** and tbtlest mctl.Lodo}_Q_gy_ofEPA in effect on Januarv L 199Lor an equivalent standard under anv test mcthodol\H!y adopted bv EPA subsequent to such date:

{A) 'l\vo and one- half grams per hour f()r catalvtic woodstovcs: <md (B) Four and one-half grams per hour for all other sQlid fuel b

_ urnin,g_J_Iev_ices. (3) For purposes of subsection (a)(2) of this section.**"c;:_g_l,.liva ent~shAll.JJ1eanJ..h..~**  emissions limits specified 

### in subsection (a)(2) multiplied bv 

### a statisticallv reliable conversion factor determined bv Ecology that relates the emission test results from the methodology estab lished l{y_the !;.PA prior to Mav**15~J--'~91.** to the test results _from the methodologv subsequentlv adopted bv EPA. (b) Fireplaces. A person shall not advertise to selL offer to selL selL bargain. exchange. give awav. or install a**t~1ctory built**  fireplace un less it meets the 1990 EPA standards fi)r wood stoves or an equivalent standard that mav be established bv the state building code council by mle. (c) Subsection (a) of this section shall not applv to tireplaces, including factorv- built fireplaces and masonry f i replaces.

EPA's Analysis- This rule language was added to be consistent with similar language in the SIP-approved state regulations contained in WAC 173 -433-100. While the SIP-approved provisions ofWAC 173-433- 100 already apply statewide, thi s clarifying language should help enforcement with respect to sale or installation ofuncertified woodstoves in PSCAA's jurisdiction.

£EG-'I-l()N 13.07 CONTlNGENG-¥-J!bAN The following provision is es1ablished for the sole purpose of a coot-i-HgeHey-mea-sure to meet-tire 

### requiremeflt.s.-{7-f Section 172(c)(9) of

### the federal 

### Clean Air Act. If-the U.S. 

### Environmerna± Protection Agency makes written fi.ndings that: ( l) an area ha:> failed to attain or maintain the national ambient air quality standard, and (2) in con:mltation with the Washington Depa1tment t1f Ecology m1d the Agency. tinds that the emissions from solid fuel buming devices are a 

### reHtri-but+ng-fa£.ffif-t{)--&H€lt-:ffi.iktr-e-t-e-a-l:taffi-"-:w-m-a-i·nffiiHthe stattB-a-ro,the use

### -o:f'-\wo{cls-1:0¥es-Hol meeting tf:le 

### stamlards--set...fut::Ht-in-R-G\-\l--+B-.94 .'157 shaH be**prohi~+within** the 

### area JeteHrti-Retl by 

### the**~geney-ttr-lta¥t'-'.."--fltrinttte{-!--te-the** violation. This**provi~;ion** t;hall-iake effed onc:....ye-a-F-a..ftff 

### such a determination.


### EPA's Analysis- The contingency plan provisions of Section 13 .07 are incorporated into the new Section 13.07(b) below.

10SECTION 13.07 PROHIBITIONS**0~** \VOOD STOVES THAT ARE NOT CERTIFIED \VOOD STOVES Adopted l '108/94 (808) Renumbered 09!23 /04 ( 1 036) (a) Subsections (a)(l)- (a)(4) ofthis section shall be effective Jm1um·v 

### l. 2015 and applvonlv to PM2.5 nonattainmcnt areas or areas \\-here required bv EPA. (Jj

__Mv person who O\\'HS or is**responsi_l"~@JI..)r** a wood stove that is botb_:__Ul}_rrot a

certified \vood stove m}.QJ.!2) is located in the Tacoma. Washington fine parti.s:J:llate nonattainment area. must remove and dispose of 

### it or render 

### it permanentlv inoperable bv September 30. 2015. (2) Any person v,..ho owns or is responsible for a coal-only heakr located in the Tacoma. Washington fine particulate nonattainment area must remove and**~se** ofit_or render it pennanentlv in011erable**bv~cptc..!:nber** 30. 2015.**QlSubst;_~tion_{g.j(J)** of_scction docs not applv to: (A) A person in_a residence or commercial establishmentj_bat does not have an adequate source ofheat without burning wood: or {8) A person with a shop or garage that is detached fi·om the main residence or commercial establishment that does not have an adequate source of _bc<_!t in the detached shop or**gar~0yit]1o~t** burning wood.**(4L.IhL_mvr!~.9r** person**responsibl~** __ whq_ removed or rendered permancntl v inoperable a wood stove under subsection (a)( 1) of this section or a coal-only heater under subsection (a)(2) of this section must provide documentation of the removal and disposal or rendering permanc-ntlv inoperable to the Au.ency using the Agency's procedures within 30 davs of the removal or rendering pennancntlv inoperable.**llllE~'LLQ_,_Sl!bscctiou._(b)** of this secJjQn is established for the sole purpose of a contingency measure**te--meet-tili..~iren'ieflts-ef-S-ea-ioo** 

### 171(c)f-9.)-&f.-t:fl-t:.'-refk-fal-·G1ean

- AiF-A-£hfor PM 1 Q nonattainment and maintenance areas. If the U.S. 

### Environmental Prot€et-iBfr-A-geneyEPA makes written findings that: (1) an area has failed to attain or maintain the national ambient air quality standard for PM 10, and (2) in consultation with the 

### \Vm;hington Department of Ecology and the Agency, finds that the emissions from solid fuel burning devices are a contributing factor to such failure to attain or maintain the standard, the use of wooo-&te¥-eS\vood stoves not meeting the standards set forth in RCW 70.94.457 shall be prohibited within the area determined by the Agency to have contributed to the violation. This provision shall take etiect one year after such a detennination. 

### EPA's Analysis- The revised rule language in subsection (a) significantly strengthens the SIP by establi shing a date for removal ofuncertified wood stoves in the Tacoma, Pierce County nonattainment area. Sub section (b) retains the PM 10 contingency measure provisions with only minor changes to the wording.
11