SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS 

September 24, 2009 421-1 

RULE 421 – MANDATORY EPISODIC CURTAILMENT OF WOOD AND OTHER 

SOLID FUEL BURNING 

Adopted 10-25-07 

(Amended 9-24-09) 

INDEX

100 GENERAL

101 PURPOSE 

102 APPLICABILITY 

103 SEVERABILITY 

110 EXEMPTION – GASEOUS FUEL 

111 EXEMPTION – COOKSTOVES 

112 EXEMPTION – SOLE SOURCE OF HEAT 

113 EXEMPTION – RELIGIOUS ACTIVITY 

114 EXEMPTION – HARDSHIP 

115 EXEMPTION – CERTIFIED WOOD HEATERS AND PELLET STOVES 

116 EXEMPTION – CERTIFIED WOOD HEATERS AND PELLET STOVES 

200 DEFINITIONS

201 COOKSTOVE 

202 FIRE 

203 FIREPLACE 

204 PELLET-FUELED WOOD BURNING HEATER 

205 SEASON 

206 SOLE SOURCE 

207 SOLID FUEL 

208 U.S. EPA 

209 U.S. EPA PHASE II CERTIFIED 

210 WOOD BURNING DEVICE 

211 WOOD BURNING HEATER 

300 STANDARDS

301 MANDATORY CURTAILMENT 

302 VOLUNTARY CURTAILMENT 

400 ADMINISTRATIVE REQUIREMENTS

401 NOTIFICATION OF MANDATORY CURTAILMENT 

402 PENALTIES 

403 HARDSHIP WAIVER 

500 MONITORING AND RECORDS (NOT INCLUDED)
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100 GENERAL

101 PURPOSE: To limit emissions of particulate matter to the atmosphere from fires or the 

operation of wood burning devices. 

102 APPLICABILITY: This rule applies to any person who operates a wood burning device or 

fire. 

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 devices that 

operate exclusively with a gaseous fuel. 

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

112 EXEMPTION – SOLE SOURCE OF HEAT: The provisions of this rule shall not apply to 

wood burning devices that are the sole source of heat in a residence. 

113 EXEMPTION – RELIGIOUS ACTIVITY: The provisions of this rule shall not apply to fires 

conducted as part of a religious ceremony. 

 114 EXEMPTION – HARDSHIP: The provisions of Section 301 shall not apply to any person 

who has an approved Hardship Waiver pursuant to Section 403. 

 115 EXEMPTION – CERTIFIED WOOD HEATERS AND PELLET STOVES: The provisions of 

Section 301 shall not apply to U.S. EPA Phase II Certified wood burning heaters and pelletfueled wood burning heaters provided: 

 115.1 the devices do not emit visible smoke; and 

 115.2 a Stage 1 Mandatory Curtailment is in effect. 

 116 EXEMPTION – CERTIFIED WOOD HEATERS AND PELLET STOVES: The provisions of 

Section 302 shall not apply to U.S. EPA Phase II Certified wood burning heaters and pelletfueled wood burning heaters provided the devices do not emit visible smoke. 

200 DEFINITIONS 

201 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. 

202 FIRE: A solid fuel fire not in a wood burning device. Examples include, but are not limited to, 

fire pits and bonfires. 

203 FIREPLACE: Any permanently installed masonry or factory built device designed to operate 

with solid fuel. 

204 PELLET-FUELED WOOD BURNING HEATER: Any wood burning heater which is operated 

on compressed pellets of wood or other biomass material. 

205 SEASON: The consecutive entire months of November, December, January, and February. 

206 SOLE SOURCE: The only permanent source of heat that is capable of meeting the space 

heating demands of a residence. 

207 SOLID FUEL: Any wood, non-gaseous, or non-liquid fuel. 
SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS 

421-4 September 24, 2009 

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

209 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. 

210 WOOD BURNING DEVICE: Any fireplace, wood burning heater, pellet-fueled wood burning 

heater, or any similar indoor or outdoor device burning any solid fuel used for aesthetic or 

space-heating purposes. 

211 WOOD BURNING HEATER: An enclosed, wood burning appliance capable of, and intended 

for space heating as described in Title 40 CFR Section 60.531 (e.g., wood stove or fireplace 

insert). 

300 STANDARDS

301 MANDATORY CURTAILMENT: The requirements of this section shall be in effect during the 

burning season. 

301.1 No person may have a fire or operate a wood burning device when a Mandatory 

Curtailment is in effect. 

301.2 The Air Pollution Control Officer will declare a Stage 1 Mandatory Curtailment 

whenever he or she determines that the 24-hour average PM2.5 concentration may 

exceed 31 μg/m3

 but is not likely to exceed 35 μg/m3. 

301.3 The Air Pollution Control Officer will declare a Stage 2 Mandatory Curtailment 

whenever he or she determines that the 24-hour average PM2.5 concentration may 

exceed 35 μg/m3

. 

302 VOLUNTARY CURTAILMENT: The requirements of this section shall be in effect during the 

burning season. The Air Pollution Control Officer will declare a Voluntary Curtailment 

whenever he or she determines that the 24-hour average PM2.5 concentration may exceed 

25 μg/m3

 but is not likely to exceed 31 μg/m3. 

400 ADMINISTRATIVE REQUIREMENTS 

 401 NOTIFICATION OF MANDATORY CURTAILMENT: The Air Pollution Control Officer will 

provide public notice of a Mandatory Curtailment by all of the following methods: 

401.1 A recorded telephone message for which the telephone number is published in the 

telephone directory or newspapers of general circulation within Sacramento County. 

401.2 Messages posted on the District Web site, www.AirQuality.org, and the Spare The 

Air Web site, www.SpareTheAir.com. 

401.3 Electronic mail messages to persons or entities that have requested electronic notice 

and provided accurate address information. The District is not responsible for the 

failure to receive notices, and failure to receive does not excuse violations of Section 

301.1. 

401.4 Notifying radio and television stations operating in Sacramento County and 

newspapers of general circulation within Sacramento County. 

401.5 Any other such methods that the Air Pollution Control Officer determines are 

appropriate. 

 402 PENALTIES: Any person who violates Section 301.1 of this rule is subject to the following 

penalties: 

402.1 For first-time violations, the person shall pay an administrative civil penalty of $50 or 

shall complete and pass a wood smoke awareness course that has been approved 

by the Air Pollution Control Officer. 

402.2 For subsequent violations, the penalty will be determined in accordance with the 

District’s Mutual Settlement Program. 
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September 24, 2009 421-5 

402.3 The administrative civil penalty specified in Section 402.1 may be adjusted on an 

annual basis. Any adjustment must be proposed and approved through the annual 

budget process. If the Board of Directors approves a change in the penalty with the 

final budget, the Air Pollution Control Officer may adjust the penalty by up to the 

maximum rate approved by the Board. 

403 HARDSHIP WAIVER: The Air Pollution Control Officer may issue a waiver from this rule if 

there are compelling economic reasons to do so and the waiver will not have adverse 

impacts. A written application must be submitted by anyone requesting a waiver. 

 403.1 Application Information: The application must state the compelling reason for the 

waiver and must include the following information: 

 a. Address of the household where the wood burning device is located; 

 b. Total gross monthly income for all persons living in the household; 

 c. Total number of persons living in the household; 

 d. Type of dwelling and age; 

 e. Types of fuel and the devices used for heating; 

 f. Copy of utility bill(s) paid; 

 g. Identification of all wood burning devices being used; 

 h. Estimate of the amount of wood or other solid fuel that will be burned on a 

Mandatory No Burn day; 

 i. Certification by the applicant that the information contained in the application 

is accurate to the best of their knowledge under penalty of perjury under the 

laws of the State of California; and 

 j. Other information requested by the Air Pollution Control Officer. 

 403.2 Waiver Approval Process: Before granting the waiver, the Air Pollution Control 

Officer will consider the above information and any other information that he or she 

deems appropriate. 

 a. The Air Pollution Control Officer will grant or deny the waiver, in writing, 

within 10 working days of the receipt of the application. If the Air Pollution 

Control Officer does not respond, the request is deemed denied. The Air 

Pollution Control Officer’s decision is final. 

 b. The waiver is only valid for one season. A person must apply for a waiver 

each season. 

 c. The Air Pollution Control Officer may rescind the granting of a waiver at any 

time if an adverse impact is identified, or if information relied upon to grant 

the waiver is incorrect. 
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