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 of Ecology 

PO Box 47600 

Olympia, W A 98504-7600 

Craig Kenwotihy 

1904 Third A venue - Suite 105 

Seattle, WA 98101 

Re: Review of Draft 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 of our 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 final decision based on its' 

review of the complete State Implementation Plan that is submitted following your public 

process and after consideration of any comments we receive as part of EPA'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 Jeff Hunt, PM2.5 stafflead, at 206-553-0256. 

Sincerely, 

Ri hard Albright, Director 

Office of Air, Waste, and Taxies 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 10 

1200 Sixth Avenue, Suite 900 

Seattle, WA 98101-3140 

August 17, 2012 

OFFICE OF 

AIR. WASTE. AND TOXICS 

MEMORANDUM 

SUBJECT: 

FROM: 

TO: 

Review of Draft Puget Sound Clean Air Agency Rules: Regulation I- Article 13: 

Solid Fuel Burning Device Standards 

Tacoma, 

Je!fHunt

Pierce 

, PM,.sLead 

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 of revising 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 

(http:/ /wvv..-...v .cl eanait]Jiercecounty.org/taskforce/i ndcx. 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 of the public comment period. Barring significant 

comments or changes during the public comment period, PSCAA intends to submit this version 

of the 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 implementation plan submitted by a State under this Act shall be 

adopted by the State after reasonable notice and public hearing. Each such plan shall-

"(A) include enforceable emission limitations and other control measures, means, 

or techniques (including economic incentives such as fees, marketable permits, 

and auctions of emissions rights), as well as schedules and timetables for 

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 II 0(1) "Plan Revisions -Each revision to an implementation plan submitted by a 

State under this Act shall be adopted by such State after reasonable notice and public 

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 of the existing SIP-approved rules compared to PSCAA's 

proposed revisions. I analyzed each of the proposed changes from a program implementation 

standpoint. Based on my review of the draft rules, I did not find any potential 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 of the 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 of fu>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 of heatstate and federal Clean Air Acts. 

The Board encourages cities, towns and counties within its jurisdiction to adopt weodsmoke 

t->entrel-pfogn'lms indudffig-enhanced public education-afld...abateffi€-Rk7Hffitt'tfl€CS and assist in 

the enforcement of this 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 revised 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 adeg uacv of the 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 of Heat' exemption. 

(b) flRST STAGE Of IMPi\IRED .AIR Qt':\.LITY means a condition declared by the 

Control Officer when particulate:; I 0 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 PM10 standard. EPA plans to revise future PM10 2nd 10 year maintenance plans 

within PSCAA's jmisdiction to be consistent with the more protective PM2.s bum 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 of moisture content in wood is already covered in another part of the 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 of the 

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 of coal 

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 of Air 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) PMl 0 means particles with an aerodvnamic diameter less than or equal to a nominal l 0 

micrometers. 

(€1(1) PROPERLY SEASONED FUEL WOOD means wood of any 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 PM10 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 of the 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 of Heat' 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 of and 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 of being 

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 of wood 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 solid 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 I 3.03(:a)( I). 

(h) This section shall not apply "vYhen the pre[;enec of uncombined \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) of this 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 of a 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 of a 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}nhmt let>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-establishment that 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 of Federal Regulations, in the geographical area and for the 

period oftime that a first stage of impaired 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)-Gompl ia1tce 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 of an 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 of the 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 sect inn 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 of impaired 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 of impaired air quality if that 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 of a solid fuel buming device if that 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 9f imQ;!_jred ~ir qualitvjft11gULeyicS!_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 of exemption renewal. Exemptions 

mav be revoked if the Agency determines 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 of Heat' 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 199 Lor 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 established 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 unless 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 fireplaces. 

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 of WAC 173-433-100 already apply statewide, this 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·nffiiH the 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. 

10 
SECTION 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 of it_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 of heat 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-£h for 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 establishing a date for removal of uncertified wood stoves in the Tacoma, Pierce County 

nonattainment area. Subsection (b) retains the PM 10 contingency measure provisions with 

only minor changes to the wording. 

11