SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT

(Adopted March 7, 2008)(Amended May 3, 2013)

RULE 445. WOOD-BURNING DEVICES

(a) Purpose

The purpose of this rule is to reduce the emission of particulate matter from

wood-burning devices.

(b) Applicability

The provisions of this rule shall apply to specified persons or businesses within

the South Coast Air Basin portion of the South Coast Air Quality Management

District:

(I) Any person that manufacturers, sells, offers for sale, or installs a woodburning device;

(2) Any commercial firewood seller that sells, offers for sale, or supplies

wood or other wood-based fuels intended for burning in a wood burningdevice or portable outdoor wood-burning device; and

(3) Any property owner or tenant that operates a wood-burning device or

portable outdoor wood-burning device.

(c) Definitions

(1) COMMERCIAL WOOD-BASED FUEL SELLER means any operation

that has a business license that sells, or offers for sale, or supplies

packaged, bundled or bulk firewood, manufactured firelogs, or wood

pellets.

(2) COOKSTOVE means any wood or wood-based fuel-fired device that is

designed and used for cooking food and has the following characteristics

as defined in Title 40 of the Code of Federal Regulations Section 60.531,

February 28, 1988, or any subsequent revision:

(A) An oven, with a volume of 0.028 cubic meters (1 cubic foot) or

greater, and an oven rack;

(B) A device for measuring oven temperatures;

(C) A flame path that is routed around the oven;

(D) A shaker grate;

(F) An ash pan;

(F) An ash clean-out door below the oven; and

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Rule 445 (Cont.) (Amended May 3, 2013)

(G) The absence of a fan or heat channels to dissipate heat from the

appliance.

(3) DEDICATED GASEOUS-FUELED FIREPLACE means any indoor or

outdoor fireplace, including, but not limited to, a gas log fireplace, either

constructed on-site, or factory built, fueled exclusively with a gaseous fuel

such that the burner pan and associated equipment are affixed to the

masonry or metal base of the fireplace.

(4) FIREPLACE means any permanently installed indoor or outdoor masonry

or factory-built device used for aesthetic or space-heating purposes and

designed to operate with an air-to-fuel ratio greater than or equal to 35-to-

(5) LOW INCOME HOUSEHOLD means any household that receives

financial assistance through reduced electric or gas bills from an electric

or natural gas utility based on household income levels.

(6) MANDATORY WINTER BURNING CURTAILMENT

(A) Means any calendar day or consecutive calendar days during the

wood burning season so declared to the public by the Executive

Officer when ambient levels of particulate matter of 2.5 microns in

size or less (PM2.5) is forecast to exceed 30 $ig/m 3for a specific

source/receptor area.

(B) Applies to the entire South Coast Air Basin whenever a PM2.5 level

of greater than 30 Jlg/m 3is predicted for a source receptor area

containing a monitoring station that has recorded a violation of the

federal 24-hour PM2.5 National Ambient Air Quality Standard for

either of the two previous three-year design value periods. The

design value is the three-year average of the annual 98th percentile

of the 24-hour values of monitored ambient PM2.5 data.

(7) MANUFACTURED FIRELOG means a commercial product expressly

manufactured for use to simulate a wood burning fire in a wood-burning

device.

(8) MASONRY HEATER means any permanently installed device that meets

the definition of a masonry heater in ASTM E 1602-03.

(9) NEW DEVELOPMENT means residential or commercial, single or multi

building unit, which begins construction on or after March 9, 2009. For

the purposes of this definition, construction has begun when the building

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Rule 445 (Cont.) (Amended May 3, 2013)

permit has been approved or when the foundation for the structure is

started, whichever occurs first.

(10) PELLET-FUELED WOOD-BURNING HEATER means any woodburning heater that is operated on any pellet fuel, and is either U.S. EPA

Phase Il-certified or exempted under U.S. EPA requirements as defined in

Title 40 Code of Federal Regulations, Part 60, Subpart AAA, February 28,

1988, or any subsequent revision.

(11) PERMANENTLY INSTALLED means any device built or installed in

such a manner that the device is attached to the ground, floor, or wall, and

is not readily moveable. A free standing stove that is attached to an

exhaust system that is built into or through a wall is considered

permanently installed.

(12) PORTABLE OUTDOOR WOOD-BURNING DEVICE means any

portable outdoor device burning any wood-based fuel for aesthetic or

space heating purposes including, but not limited to, fireplaces, burn

bOwls, and chimineas located on property zoned for residential uses.

(13) SEASONED WOOD means wood of any species that has been

sufficiently dried so as to contain 20 percent or less moisture content by

weight as determined by

(A) ASTM Test Method D 4442-92, Standard Test Method for Use and

Calibration of Hand-Held Moisture Meters; or

(B) A hand-held moisture meter operated in accordance with ASTM

Test Method D 4444-92, Standard Test Methods for Use and

Calibration of Hand-Held Moisture Meters; or

(C) An alternative method approved by the Executive Officer, the

California Air Resources Board, and the U.S. Environmental

Protection Agency.

(14) SOLE SOURCE OF HEAT means the only permanent source of heat that

is capable of meeting the space heating needs of a household.

(15) SOUTH COAST AIR BASIN means the non-desert portions of Los

Angeles, Riverside, and San Bernardino counties and all of Orange

County as defined in California Code of Regulations, Title 17, Section

60104.

(16) TREATED WOOD means wood of any species that has been chemically

impregnated, painted, coated or similarly modified to improve resistance

to insects, wood rot and decay, or weathering.

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Rule 445 (Cont.) (Amended May 3, 2013)

(17) U.S. EPA CERTIFIED WOOD-BURNING HEATER means any device

certified by the U.S. EPA to meet the performance and emission standards

as defined in Title 40 Code of Federal Regulations, Part 60, Subpart AAA,

February 28, 1988, or any subsequent revision.

(18) WOOD-BASED FUEL means any wood, wood-based product, or nongaseous or non-liquid fuel, including but not limited to manufactured

firelogs, wood or pellet products. For the purpose of this rule, charcoal is

not considered a wood-based fuel.

(19) WOOD-BURNING DEVICE means any fireplace, wood-burning heater,

pellet-fueled wood burning heater, or any similarly open or enclosed,

permanently installed, indoor or outdoor device burning any wood-based

fuel for aesthetic purposes, which has a heat input of less than one million

British thermal units per hour (Btu!hr).

(20) WOOD-BURNING HEATER means an enclosed, wood-burning device

capable of space heating that meets all the criteria defined in Title 40 Code

of Federal Regulations Section 60.531, February 28, 1988, or any

subsequent revision including, but not limited to, wood stoves and woodburning fireplace inserts.

(21) WOOD BURNING SEASON means the consecutive entire months of

November, December, January, and February.

(22) WOOD-FIRED COOKING DEVICE means any cookstove, wood-fired

oven or grill, or any device designed for burning any wood-based fuel for

cooking purposes.

(d) Requirements

(1) No person shall permanently install a wood-burning device into any new

development.

(2) Notwithstanding the requirements of paragraph (d)(1), no person shall sell,

offer for sale, supply, or install, a new or used permanently installed

indoor or outdoor wood-burning device or gaseous-fueled device unless it

is one ofthe following:

(A) A U.S. EPA Certified wood-burning heater; or

(B) A pellet-fueled wood-burning heater; or

(C) A masonry heater; or

(D) A dedicated gaseous-fueled fireplace.

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Rule 445 (Cont.) (Amended May 3, 2013)

(3) No person shall burn any product not intended for use as fuel in a woodburning device including, but not limited to, garbage, treated wood,

particle board, plastic products, rubber products, waste petroleum

products, paints, coatings or solvents, or coal.

(4) A commercial firewood seller shall only sell seasoned wood from July 1

through the end of February the following year. Any commercial

firewood seller may sell seasoned as well as non-seasoned wood during

the remaining months.

(5) Labeling and Sell-Through Provision

(A) Effective November 4, 2013, no commercial firewood seller shall

sell, offer for sale, or supply wood-based fuel without first

attaching a permanently affixed indelible label to each package or

providing written notice to each buyer at the time of purchase of

bulk firewood that at a minimum states the following:

Use of this and other solid fuel products may be restricted at times by

law. Please check (1-877-4N0-BURN) or (www.8774N0BURN.org)

before burning.

(i) Alternative language, toll-free telephone number or web

address for the information specified in subdivision (g) may

be used, subject to Executive Officer approval.

(ii) The Executive Officer shall specify guidelines for the

aforementioned labeling requirements.

(B) Any wood-based fuel packaged prior to November 4, 2013 may be

sold, offered for sale or supplied up to November 4, 2015.

(e) Mandatory Winter Burning Curtailment

No person shall operate an indoor or outdoor wood-burning device, portable

outdoor wood-burning device, or wood-fired cooking device during the wood

burning season when a mandatory winter burning curtailment is forecast for the

specific region where the device is located, or on a Basin-wide basis as defined in

paragraph (c)(6).

(0 Exemptions

(I) The provisions of this rule shall not apply to wood-fired cooking devices

designed and used for commercial purposes.

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Rule 445 (Coat.) (Amended May 3, 2013)

(2) The provisions of paragraph (d)(1) shall not apply to new developments

where there is no existing infrastructure for natural gas service within 150

feet of the property line or those 3,000 or more feet above mean sea level.

(3) The provisions of paragraph (d)(2) shall not apply to an indoor or outdoor

wood-burning device that is permanently installed and included in the sale

or transfer of any existing development.

(4) The provisions of (d)(2) shall not apply to properties that are registered as

a historical site, or are contributing structures located in a Historic

Preservation Overlay Zone, as determined by the applicable, federal, State,

or local agency. Contributing structures are those buildings which are

examples of the predominate styles of the area, built during the time

period when the bulk of the structures were built in the Historic

Preservation Overlay Zone.

(5) The provisions of (d)(3) shall not apply to manufactured firelogs.

(6) The provisions of (d)(5) shall not apply to wood-based fuel intended for

the cooking, smoking, or flavoring of food.

(7) The provisions of subdivision (e) shall not apply under the following

circumstances:

(A) Residential or commercial properties where a wood-burning device

is the sole source of heat; or

(B) A low income household; or

(C) Residential or commercial properties where there is no existing

infrastructure for natural gas service within 150 feet of the property

line; or

(D) Residential or commercial properties located 3,000 or more feet

above mean sea level; or

(E) Ceremonial fires exempted under Rule 444 - Open Burning.

(g) Administrative Requirements

The Executive Officer will provide public notice of a mandatory winter burning

curtailment through one or more of the following methods:

(I) A recorded telephone message;

(2) Messages posted on the South Coast Air Quality Management District

web site;

(3) Electronic mail messages to persons or entities that have requested such

notice;

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Rule 445 (Cont.) (Amended May 3, 2013)

(4) Notifying broadcast and print media operating within the boundaries of the

South Coast Air Basin; and

(5) Any additional method that the Executive Officer determines is

appropriate.

(h)——Penalties

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(i) Severability

If any provision of this rule is held by judicial order to be invalid, or invalid or

inapplicable to any person or circumstance, such order shall not affect the validity

of the remainder of this rule, or the validity or applicability of such provision to

other persons or circumstances.

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