(2) The owner or operator of the facility requests, in

writing, and the Department approves, in writing, the

exemption prior to use of the coating.

(h) Work practice requirements for coating-related activities. The owner or operator of a flat wood paneling

surface coating process subject to this section shall comply with the following work practices for coating-related

activities:

(1) Store all VOC-containing coatings, thinners and

coating-related waste materials in closed containers.

(2) Minimize spills of VOC-containing coatings, thinners and coating-related waste materials and clean up

spills immediately.

(3) Convey VOC-containing coatings, thinners and

coating-related waste materials from one location to

another in closed containers or pipes.

(4) Ensure that mixing and storage containers used for

VOC-containing coatings, thinners and coating-related

waste materials are kept closed at all times, except when

depositing or removing these materials.

(i) Work practice requirements for cleaning materials.

The owner or operator of a flat wood paneling surface

coating process subject to this section shall comply with

the following work practices for cleaning materials:

(1) Store all VOC-containing cleaning materials, waste

cleaning materials and used shop towels in closed containers.

(2) Minimize spills of VOC-containing cleaning materials and waste cleaning materials and clean up spills

immediately.

(3) Convey VOC-containing cleaning materials and

waste cleaning materials from one location to another in

closed containers or pipes.

(4) Ensure that mixing vessels and storage containers

used for VOC-containing cleaning materials and waste

cleaning materials are kept closed at all times, except

when depositing or removing these materials.

(5) Minimize VOC emissions during cleaning of storage, mixing and conveying equipment.

Table I

Emission Limits of VOCs for Flat Wood Paneling

Surface Coatings

Weight of VOC per Volume of Coating Solids,

as Applied

Surface Coatings, Inks or

Adhesives Applied to the

Following Flat Wood

Paneling Categories

lbs VOC per

gallon

coating

solids

grams VOC

per liter

coating solids

Printed interior panels

made of hardwood plywood

or thin particleboard

2.9 350

Natural-finish hardwood

plywood panels

2.9 350

Class II finishes on

hardboard panels

2.9 350

Tileboard 2.9 350

Exterior siding 2.9 350

[Pa.B. Doc. No. 09-1928. Filed for public inspection October 16, 2009, 9:00 a.m.]

[ 25 PA. CODE CHS. 121 AND 123 ]

Outdoor Wood-Fired Boilers

The Environmental Quality Board (Board) proposes to

amend Chapters 121 and 123 (relating to general provisions; and standards for contaminants) as set forth in

Annex A. The proposed amendments would add four new

terms and definitions under § 121.1 (relating to definitions). The proposed amendments would add provisions

under Chapter 123 for the control of emissions of particulate matter (PM) from the operation of outdoor wood-fired

boilers (OWBs).

This notice is given under Board order at its meeting of

September 15, 2009.

A. Effective Date

These amendments will be effective upon publication in

the Pennsylvania Bulletin as final-form rulemaking.

These amendments will be submitted to the United

States Environmental Protection Agency (EPA) as a revision to the Pennsylvania State Implementation Plan upon

final-form rulemaking.

B. Contact Persons

For further information, contact Ron Davis, Chief,

Division of Compliance and Enforcement, Bureau of Air

Quality, 12th Floor, Rachel Carson State Office Building,

P. O. Box 8468, Harrisburg, PA 17105-8468, (717) 787-

9257 or Robert ‘‘Bo’’ Reiley, Assistant Counsel, Bureau of

Regulatory Counsel, 9th Floor, Rachel Carson State Office

Building, P. O. Box 8464, Harrisburg, PA 17105-8464,

(717) 787-7060.

Information regarding submitting comments on this

proposal appear in Section K of this preamble. Persons

with a disability may use the Pennsylvania AT&T Relay

Service by calling (800) 654-5984 (TDD users) or (800)

654-5988 (voice users). This proposal is available electronically through the Department of Environmental Protection’s (Department) web site at http://www.depweb.

state.pa.us (Quick Access: Public Participation, then Proposals Open for Comment).

C. Statutory Authority

This proposed rulemaking is authorized under section

5(a)(1) of the Air Pollution Control Act (APCA) (35 P. S.

§ 4005(a)(1)), which grants to the Board the authority to

adopt regulations for the prevention, control, reduction

and abatement of air pollution in this Commonwealth.

D. Background and Summary

On July 18, 1997, the EPA revised the National Ambient Air Quality Standard (NAAQS) for PM to add a new

standard for fine particles, using fine particulates equal

to and less than 2.5 micrometers in diameter (PM2.5) as

the indicator. The EPA set the health-based (primary) and

welfare-based (secondary) PM2.5 annual standard at a

level of 15 micrograms per cubic meter (μg/m3

) and the

24-hour standard at a level of 65 μg/m.3 See 62 FR 38652.

The health-based primary standard is designed to protect

human health from elevated levels of PM2.5, which have

been linked to premature mortality and other important

health effects. The secondary standard is designed to

protect against major environmental effects of PM2.5

such as visibility impairment, soiling and materials damage. The following counties in this Commonwealth have

been designated nonattainment for the 1997 fine particulate NAAQS: Allegheny (Liberty-Clairton), Allegheny (remainder), Armstrong, Berks, Beaver, Bucks, Butler,

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Cambria, Chester, Cumberland, Dauphin, Delaware,

Greene, Indiana, Lancaster, Lawrence, Lebanon, Montgomery and Philadelphia.

Subsequently, on October 17, 2006, the EPA revised the

primary and secondary 24-hour NAAQS for PM2.5 to 35

μg/m3 from 65 μg/m3

. See 71 FR 61236. On December 18,

2008, all or portions of the following counties in this

Commonwealth were designated by the EPA as nonattainment for the 2006 24-hour fine particulate NAAQS:

Allegheny (Liberty-Clairton), Allegheny (remainder),

Armstrong (partial), Berks, Beaver, Bucks, Butler,

Cambria, Chester, Cumberland, Dauphin, Delaware,

Greene (partial), Indiana (partial), Lancaster, Lawrence

(partial), Lebanon, Lehigh, Montgomery, Northampton,

Philadelphia, Washington, Westmoreland and York.

The health effects associated with exposure to PM2.5

are significant. Epidemiological studies have shown a

significant correlation between elevated PM2.5 levels and

premature mortality. Other important health effects associated with PM2.5 exposure include aggravation of respiratory and cardiovascular disease (as indicated by increased hospital admissions, emergency room visits,

absences from school or work and restricted activity

days), lung disease, decreased lung function, asthma

attacks and certain cardiovascular problems. Individuals

particularly sensitive to PM2.5 exposure include older

adults, people with heart and lung disease and children.

A significant and growing source of PM2.5 emissions in

this Commonwealth is from OWBs. OWBs, also referred

to as outdoor wood-fired furnaces, outdoor wood-burning

appliances, or outdoor hydronic heaters, are free-standing

fuel-burning devices designed: (1) to burn clean wood or

other approved solid fuels; (2) specifically for outdoor

installation or installation in structures not normally

intended for habitation by humans or domestic animals,

such as garages; and (3) to heat building space or water

by means of distribution, typically through pipes, of a

fluid heated in the device, typically water or a water and

antifreeze mixture. OWBs are being sold to heat homes

and buildings and to produce domestic hot water.

The emissions, health effects and the nuisance factor

created by the use of OWBs are a major concern to the

Department. The Northeast States for Coordinated Air

Use Management has conducted stack tests on OWBs.

Based on the test results, the average PM2.5 emissions

from one OWB are equivalent to the emissions from 205

oil furnaces or as many as 8,000 natural gas furnaces.

Cumulatively, the smallest OWB has the potential to emit

almost 1 1/2 tons of PM every year. Of the estimated

155,000 OWBs sold Nationwide between 1990 and 2005,

95% were sold in 19 states, of which this Commonwealth

is one.

Unlike indoor wood stoves that are regulated by the

EPA, no Federal standards exist for OWBs and the

majority of them are not equipped with pollution controls.

The EPA has initiated a voluntary program that encourages manufacturers of OWBs to improve air quality

through developing and distributing cleaner-burning,

more efficient OWBs. Phase 1 of the program was in

place from January 2007 through October 15, 2008. To

qualify for Phase 1, manufacturers were required to

develop an OWB model that was 70% cleaner-burning

than unqualified models by meeting the EPA air emission

standard of 0.6 pound PM per million Btu heat input as

tested by an independent accredited laboratory. Phase 1

Partnership Agreements ended when the Phase 2 Partnership Agreements were initiated on October 16, 2008.

To qualify for Phase 2, manufacturers must develop an

OWB model that is 90% cleaner-burning than preprogram, unqualified OWBs and meet the EPA air emissions

standard of 0.32 pound PM per million Btu heat output

as tested by an independent accredited laboratory. The

emission standard established in the proposed rulemaking would be the Phase 2 emission standard described in the EPA voluntary program.

The proposed rulemaking would help assure that the

citizens of this Commonwealth will benefit from reduced

emissions of PM2.5 from OWBs. Attaining and maintaining levels of PM2.5 below the health-based NAAQS is

important to reduce premature mortality and other

health effects associated with PM2.5 exposure. There are

many citizen complaints regarding the operation of

OWBs. This proposed rulemaking would reduce the problems associated with the operation of OWBs, including

smoke, odors and burning prohibited fuels including

garbage, tires, hazardous waste and the like. Reductions

in ambient levels of PM2.5 would promote improved

human and animal health and welfare, improved visibility, decreased soiling and materials damage and decreased damage to plants and trees.

While there are no Federal limits for the OWBs that

would be subject to regulation under this proposed rulemaking, section 4.2 of the APCA authorizes the Board to

adopt regulations more stringent than Federal requirements when the control measures are reasonably necessary to achieve and maintain the ambient air quality

standards. See 35 P. S. § 4004.2. These measures are

reasonably necessary to attain and maintain the primary

and secondary 24-hour NAAQS for PM2.5 in this Commonwealth.

E. Summary of Regulatory Revisions

The proposed amendments add definitions under

§ 121.1 for the following four new terms—‘‘Btu,’’ ‘‘clean

wood,’’ ‘‘outdoor wood-fired boiler’’ and ‘‘Phase 2 outdoor

wood-fired boiler.’’

Section 123.14 (relating to outdoor wood-fired boilers) is

proposed to be added. In general, under subsection (a)

regarding to applicability, beginning on the effective date

of the regulation, the requirements of this proposal apply

to a person, manufacturer, supplier or distributor who

sells, offers for sale, leases or distributes an OWB for use

in this Commonwealth; a person who installs an OWB in

this Commonwealth; and a person who purchases, receives, leases, owns, uses or operates an OWB in this

Commonwealth.

Under subsection (b) regarding Phase 2 outdoor woodfired boiler, person may not purchase, sell, offer for sale,

distribute or install an outdoor wood-fired boiler for use

in this Commonwealth unless it is a Phase 2 OWB.

Under subsection (c) regarding setback requirements

for Phase 2 outdoor wood-fired boilers, a person may not

install a Phase 2 OWB in this Commonwealth unless the

boiler is installed a minimum of 150 feet from the nearest

property line.

Under subsection (d) regarding stack height requirements for Phase 2 outdoor wood-fired boilers, a person

may not install, use or operate a Phase 2 OWB in this

Commonwealth unless the boiler has a permanently

attached stack. The stack must meet both of the following

height requirements: extend a minimum of 10 feet above

the ground and extend at least 2 feet above the highest

peak of the highest residence located within 150 feet of

the OWB.

Under subsection (e) regarding stack height requirements for existing outdoor wood-fired boilers, a person

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may not use or operate an OWB that was installed before

the effective date of the regulation unless the boiler has a

permanently attached stack. The stack must meet both of

the following height requirements: extend a minimum of

10 feet above the ground and extend at least 2 feet above

the highest peak of the highest residence located within

500 feet of the OWB.

Under subsection (f) regarding allowed fuels, a person

that owns, leases, uses or operates a new or existing

OWB in this Commonwealth shall use only one or more of

the following fuels: clean wood; wood pellets made from

clean wood; certain home heating oil, natural gas or

propane fuels; or other fuel approved in writing by the

Department.

Under subsection (g) regarding prohibited fuels, a person who owns, leases, uses or operates an OWB in this

Commonwealth may not burn a fuel or material in that

OWB other than those fuels listed under subsection (f).

Under subsection (h) regarding regulatory requirements, a person may not use or operate an OWB in this

Commonwealth unless it complies with all applicable

Commonwealth regulations and statutes.

Under subsection (i) regarding written notice, prior to

the execution of a sale or lease for a new or used OWB,

the distributor, seller or lessor shall provide the prospective buyer or lessee with certain information as more

fully explained under this subsection.

Under subsection (j) regarding recordkeeping requirements, the distributor, seller or lessor shall keep the

records required under subsection (i) onsite for 5 years

and provide the records to the Department upon request.

In addition to the summary of the proposed rulemaking, the Board also seeks comments on whether any

final rule should include a seasonable prohibition to

operate OWBs between the dates of May 1 and September 30. There is concern that while owners and operators

may operate these units at a reduced capacity during the

summer months, their operation may nevertheless result

in increased PM emissions. Consequently, the Board

would like to receive comments on whether a seasonal

prohibition is an appropriate means to address this air

quality issue.

F. Benefits, Costs and Compliance

Benefits

The citizens of this Commonwealth will benefit from

these proposed amendments because it would help to

reduce emissions of PM2.5 from OWBs. Attaining and

maintaining levels of PM2.5 below the health-based

NAAQS is important to reduce premature mortality and

other health effects associated with PM2.5 exposure.

There are also many citizen complaints regarding the

operation of OWBs. Reductions in ambient levels of

PM2.5 would promote improved human and animal

health and welfare, improved visibility, decreased soiling

and materials damage and decreased damage to plants

and trees.

Compliance Costs

The cost of complying with the new requirements

includes the cost of designing, manufacturing and distributing an OWB model that meets the EPA Phase 2

emission limit. Currently, there are at least 10 models

available Nationally that meet the EPA Phase 2 emission

limit. Nonqualifying OWB models cost between $8,000

and $18,000, depending on the size of the unit. It is

estimated that the cleaner units may be approximately

15% more expensive because of the changes made to

improve the efficiency of these units and reduce their

emissions. However, most of these qualifying models are

significantly more efficient which means they will burn

less wood to produce the same amount of heat, reducing

the cost of wood purchases.

Operators of existing OWBs would be required to

ensure that the stack height complies with the requirements of the proposed rulemaking. Therefore, operators of

existing OWBs may be required to extend the height of

the existing stack. A review of the Hearthside Fireplace,

Patio and Barbecue Center internet catalog indicated that

the cost would be between $73 and $84 for a 2-foot

section of chimney pipe and between $119 and $145 for a

4-foot section of chimney pipe.

Compliance Assistance Plan

The Department plans to educate and assist the public

and regulated community in understanding the newly

added requirements and how to comply with them. This

will be accomplished through the Department’s ongoing

compliance assistance program.

Paperwork Requirements

There are some additional paperwork requirements

associated with this proposed rulemaking that the regulated community would need to comply with, namely a

written notice of information specified under § 123.14(i).

Subsection (j) requires that the distributor, seller or lessor

shall keep the records required under subsection (i) onsite

for 5 years and provide the records to the Department

upon request.

G. Advisory Committee Recommendation

The Department worked with the Air Quality Technical

Advisory Committee (AQTAC) in the development of this

proposed rulemaking. At its May 28, 2009, meeting, the

AQTAC recommended adoption of the proposed rulemaking. The Department also consulted with the Citizens

Advisory Council on July 21, 2009, the Small Business

Compliance Advisory Committee on July 22, 2009, and

the Agricultural Advisory Board on August 19, 2009.

H. Pollution Prevention

The Federal Pollution Prevention Act of 1990 (42

U.S.C.A. §§ 13101—13109) established a National policy

that promotes pollution prevention as the preferred

means for achieving state environmental protection goals.

The Department encourages pollution prevention, which

is the reduction or elimination of pollution at its source,

through the substitution of environmentally friendly materials, more efficient use of raw materials and the

incorporation of energy efficiency strategies. Pollution

prevention practices can provide greater environmental

protection with greater efficiency because they can result

in significant cost savings to facilities that permanently

achieve or move beyond compliance. The proposed rulemaking does not directly promote a multimedia approach.

The reduced levels of PM2.5, however, will benefit water

quality through reduced soiling and quantities of sediment that may run off into waterways. Reduced levels of

PM2.5 would therefore promote improved aquatic life and

biodiversity, as well as improved human, animal and

plant life on land.

I. Sunset Review

These regulations will be reviewed in accordance with

the sunset review schedule published by the Department

to determine whether the regulations effectively fulfill the

goals for which they were intended.

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J. Regulatory Review

Under section 5(a) of the Regulatory Review Act (71

P. S. § 745.5(a)), on October 6, 2009, the Department

submitted a copy of these proposed amendments to the

Independent Regulatory Review Commission (IRRC) and

to the House and Senate Environmental Resources and

Energy Committees (Committees). In addition to submitting the proposed amendments, the Department has

provided IRRC and the Committees with a copy of a

detailed Regulatory Analysis Form prepared by the Department. A copy of this material is available to the

public upon request.

Under section 5(g) of the Regulatory Review Act, IRRC

may convey any comments, recommendations or objections to the proposed regulations within 30 days of the

close of the public comment period. The comments, recommendations or objections shall specify the regulatory

review criteria that have not been met. The Regulatory

Review Act specifies detailed procedures for review of

these issues by the Department, the General Assembly

and the Governor prior to final publication of the regulations.

K. Public Comments

Written Comments—Interested persons are invited to

submit comments, suggestions or objections regarding the

proposed regulation to the Environmental Quality Board,

P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail:

Rachel Carson State Office Building, 16th Floor, 400

Market Street, Harrisburg, PA 17101-2301). Comments

submitted by facsimile will not be accepted. Comments,

suggestions or objections must be received by the Board

by January 4, 2010. Interested persons may also submit a

summary of their comments to the Board. The summary

may not exceed one page in length and must also be

received by January 4, 2010. The one-page summary will

be provided to each member of the Board in the agenda

packet distributed prior to the meeting at which time the

final regulation will be considered.

Electronic Comment—Comments may be submitted

electronically to the Board at RegComments@state.pa.us

and must also be received by the Board by January 4,

2010. A subject heading of the proposal and a return

name and address must be included in each transmission.

If the sender does not receive an acknowledgement of

electronic comments within 2 working days, the comments should be retransmitted to the Board to ensure

receipt.

L. Public Hearings

The Board will hold four public hearings for the

purpose of accepting comments on this proposed rulemaking. The hearings will be held as follows:

Department of Environmental

Protection

November 30, 2009

1 p.m.

Rachel Carson State Office Building

Conference Room 105

400 Market Street

Harrisburg, PA 17101

Department of Environmental

Protection

December 1, 2009

1 p.m.

Northeast Regional Office

Susquehanna Conference Rooms

A and B

2 Public Square

Wilkes-Barre, PA 18711-0790

Cranberry Township Municipal

Building

December 2, 2009

1 p.m.

2525 Rochester Road

Cranberry Township, PA

16066-6499

Department of Environmental

Protection

December 3, 2009

1 p.m.

Northcentral Regional Office

Goddard Conference Room

208 West Third Street, Suite 101

Williamsport, PA 17701-6448

Persons wishing to present testimony at a hearing are

requested to contact the Environmental Quality Board,

P. O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-

4526, at least 1 week in advance of the hearing to reserve

a time to present testimony. Oral testimony is limited to

10 minutes for each witness. Witnesses are requested to

submit three written copies of their oral testimony to the

hearing chairperson at the hearing. Organizations are

limited to designating one witness to present testimony

on their behalf at each hearing.

Persons in need of accommodations as provided for in

the Americans With Disabilities Act of 1990 should

contact the Board at (717) 787-4526 or through the

Pennsylvania AT&T Relay Service at (800) 654-5984

(TDD) to discuss how the Board may accommodate their

needs.

JOHN HANGER,

Chairperson

Fiscal Note: 7-444. No fiscal impact; (8) recommends

adoption.

Annex A

TITLE 25. ENVIRONMENTAL PROTECTION

PART I. DEPARTMENT OF ENVIRONMENTAL

PROTECTION

Subpart C. PROTECTION OF NATURAL

RESOURCES

ARTICLE III. AIR RESOURCES

CHAPTER 121. GENERAL PROVISIONS

§ 121.1. Definitions.

The definitions in section 3 of the act (35 P. S. § 4003)

apply to this article. In addition, the following words and

terms, when used in this article, have the following

meanings, unless the context clearly indicates otherwise:

*****

Btu—British thermal unit—The amount of thermal energy necessary to raise the temperature of 1

pound of pure liquid water by 1° F at the temperature at which water has its greatest density (39° F).

*****

Clean wood—The term includes the following:

(i) Wood that contains no paint, stains or other

types of coatings.

(ii) Wood that has not been treated with preservatives, including copper chromium arsenate, creosote, pentachlorophenol or the like.

*****

Outdoor wood-fired boiler—

(i) A fuel-burning device that:

(A) Is designed to burn, or is capable of burning,

clean wood or other fuels listed under § 123.14(f)

(relating to outdoor wood-fired boilers).

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(B) The manufacturer specifies for outdoor installation or installation in structures not normally

intended for habitation by humans or domestic

animals, including structures like garages and

sheds.

(C) Heats building space or fluid, or both,

through the distribution, typically through pipes, of

a fluid heated in the device, typically water or a

mixture of water and antifreeze.

(ii) The fuel-burning device may also be known

as:

(A) Outdoor wood-fired furnace.

(B) Outdoor wood-burning appliance.

(C) Outdoor hydronic heater.

(D) Outdoor water stove.

*****

Phase 2 outdoor wood-fired boiler—An outdoor

wood-fired boiler that has been certified or qualified by the EPA as meeting a particulate matter

emission limit of 0.32 pounds per million Btu output and is labeled accordingly.

*****

CHAPTER 123. STANDARDS FOR CONTAMINANTS

PARTICULATE MATTER EMISSIONS

(Editor’s Note: Section 123.14 is new and printed in

regular type to enhance readability.)

§ 123.14. Outdoor wood-fired boilers.

(a) Applicability.

(1) Beginning on (Editor’s Note: The blank

refers to the effective date of adoption of this proposed

rulemaking.) this section applies to the following:

(i) A person, manufacturer, supplier or distributor who

sells, offers for sale, leases or distributes an outdoor

wood-fired boiler for use in this Commonwealth.

(ii) A person who installs an outdoor wood-fired boiler

in this Commonwealth.

(iii) A person who purchases, receives, leases, owns,

uses or operates an outdoor wood-fired boiler in this

Commonwealth.

(2) This section does not apply to a person, manufacturer, supplier or distributor who sells, offers for sale,

leases or distributes in this Commonwealth an outdoor

wood-fired boiler that does not comply with the Phase 2

outdoor wood-fired boiler particulate matter standards if

the person, manufacturer, supplier or distributor demonstrates both of the following:

(i) The outdoor wood-fired boiler is intended for shipment and use outside of this Commonwealth.

(ii) The person, manufacturer, supplier or distributor

has taken reasonably prudent precautions to ensure that

the outdoor wood-fired boiler is not distributed to or

within this Commonwealth.

(b) Phase 2 outdoor wood-fired boiler.

(1) A person may not sell, offer for sale, distribute or

install an outdoor wood-fired boiler for use in this Commonwealth unless it is a Phase 2 outdoor wood-fired

boiler.

(2) A person may not purchase, lease or receive an

outdoor wood-fired boiler for use in this Commonwealth

unless it is a Phase 2 outdoor wood-fired boiler.

(c) Setback requirements for Phase 2 outdoor wood-fired

boilers. A person may not install a Phase 2 outdoor

wood-fired boiler in this Commonwealth unless the boiler

is installed a minimum of 150 feet from the nearest

property line.

(d) Stack height requirements for Phase 2 outdoor

wood-fired boilers. A person may not install, use or

operate a Phase 2 outdoor wood-fired boiler in this

Commonwealth unless the boiler has a permanently

attached stack. The stack must meet both of the following

height requirements:

(1) Extend a minimum of 10 feet above the ground.

(2) Extend at least two feet above the highest peak of

the highest residence located within 150 feet of the

outdoor wood-fired boiler.

(e) Stack height requirements for existing outdoor woodfired boilers. A person may not use or operate an outdoor

wood-fired boiler that was installed before

(Editor’s Note: The blank refers to the effective date of adoption of this proposed rulemaking.) unless

the boiler has a permanently attached stack.

(1) The stack must meet both of the following height

requirements:

(i) Extend a minimum of 10 feet above the ground.

(ii) Extend at least 2 feet above the highest peak of the

highest residence located within 500 feet of the outdoor

wood-fired boiler.

(2) If the existing outdoor wood-fired boiler is a Phase

2 outdoor wood-fired boiler, subsection (d) applies.

(f) Allowed fuels. A person that owns, leases, uses or

operates a new or existing outdoor wood-fired boiler in

this Commonwealth shall use only one or more of the

following fuels:

(1) Clean wood.

(2) Wood pellets made from clean wood.

(3) Home heating oil, natural gas or propane that:

(i) Complies with all applicable sulfur limits.

(ii) Is used as a starter or supplemental fuel for

dual-fired outdoor wood-fired boilers.

(4) Other fuel approved in writing by the Department.

(g) Prohibited fuels. A person who owns, leases, uses or

operates an outdoor wood-fired boiler in this Commonwealth may not burn a fuel or material in that outdoor

wood-fired boiler other than those fuels listed under

subsection (f).

(h) Regulatory requirements. A person may not use or

operate an outdoor wood-fired boiler in this Commonwealth unless it complies with all applicable Commonwealth regulations and statutes including the following:

(1) Section 121.7 (relating to prohibition of air pollution).

(2) Section 123.1 (relating to prohibition of certain

fugitive emissions).

(3) Section 123.31 (relating to limitations).

(4) Section 123.41 (relating to limitations).

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(5) Section 8 of the act (35 P. S. § 4008) regarding

unlawful conduct.

(6) Section 13 of the act (35 P. S. § 4013) regarding

public nuisances.

(i) Written notice.

(1) Prior to the execution of a sale or lease for a new or

used outdoor wood-fired boiler, the distributor, seller or

lessor shall provide the prospective buyer or lessee with a

copy of this section and a written notice that includes the

following:

(i) An acknowledgement that the buyer was provided

with a copy of this section.

(ii) A written list of the fuels allowed under subsection

(f).

(iii) A written statement that a person who owns,

leases, uses or operates an outdoor wood-fired boiler in

this Commonwealth may not burn a fuel or material in

that outdoor wood-fired boiler other than those fuels

listed under subsection (f).

(iv) A written statement that even if the requirements

set forth in this section are met, the installation and

operation of the outdoor wood-fired boiler may be subject

to other applicable Commonwealth regulations and statutes including the regulations and statutes listed under

subsection (h).

(v) A written statement that even if the requirements

set forth in this section are met, the installation and

operation of the outdoor wood-fired boiler may be subject

to local regulations or local stack height or setback

requirements that will further limit or prohibit the use of

the purchased or leased outdoor wood-fired boiler.

(vi) A written statement that the stack height and

setback requirements provided under this section may not

be adequate in some areas of this Commonwealth due to

terrain that could render the operation of the outdoor

wood-fired boiler a nuisance or public health hazard.

(2) The written notice must be signed and dated by the

buyer or lessee and the distributor, seller or lessor when

the sale or lease of the outdoor wood-fired boiler is

completed. The written notice must include the following:

(i) The name, address and telephone number of the

buyer or lessee.

(ii) The name, address and telephone number of the

distributor, seller or lessor.

(iii) The location where the outdoor wood-fired boiler

will be installed.

(iv) The make, model name or number and date of

manufacture of the outdoor wood-fired boiler.

(j) Recordkeeping requirements. The distributor, seller

or lessor shall keep the records required under subsection

(i) onsite for 5 years and provide the records to the

Department upon request.

[Pa.B. Doc. No. 09-1929. Filed for public inspection October 16, 2009, 9:00 a.m.]

PENNSYLVANIA GAMING

CONTROL BOARD

[ 58 PA. CODE CHS. 435a, 461a, 465a, 467a AND

501a ]

Employee Credentials, Design Standards and Internal Controls

The Pennsylvania Gaming Control Board (Board), under its general authority in 4 Pa.C.S. § 1202(b)(30)

(relating to general and specific powers) and the specific

authority in 4 Pa.C.S. §§ 1207(3), (5), (9) and (11) and

1322 (relating to regulatory authority of the Board; and

slot machine accounting controls and audits), proposes to

amend Chapters 435a, 461a, 465a, 467a and 501a to read

as set forth in Annex A.

Purpose of the Proposed Rulemaking

The proposed rulemaking revises the Board’s requirements for the display of Board issued credentials, permits

the use of nonfixed seating and makes a number of other

changes related to internal controls which improve the

clarity of the current requirements and make revisions

which will simplify, improve the effectiveness of or add

some additional flexibility to existing provisions.

Explanation of Amendments to Chapters 435a, 461a,

465a, 467a and 501a

In § 435a (relating to employees), subsection (c) has

been amended to relax the existing requirement that all

of a slot machine licensee’s employees display their Board

credentials when they are working in the licensed facility.

Employees whose jobs require them to be on the gaming

floor or in restricted areas will continue to be required to

display their Board credentials, but employees who are

not required to be on the gaming floor or in a restricted

area will only have to carry their credential. This will

allow employees not working in sensitive areas, for whom

the display of their credential may interfere with job

performance, to just carry their credential. Also, to give

slot machine licensees some additional flexibility, food and

beverage employees working on the gaming floor will be

allowed to just carry their Board credential if their

employer issued access badge displays a unique employee

identification number. This will ensure that the surveillance department and the Board’s casino compliance

representatives will still have a means to visually verify

the identity of these individuals.

In § 461a.7 (relating to slot machine minimum design

standards), subsection (s) has been amended to give slot

machine licensees the option to use fixed or nonfixed

seating for slot machines. Currently, slot machine licensees must use fixed seating unless they file a petition

asking for a waiver of the fixed seating requirement.

Under this revision, slot machine licensees will be allowed to use nonfixed seating if the slot machine licensee

provides a 48-inch minimum aisle width and submits, to

the Bureau of Gaming Operations, a certification from

local building and fire safety officials or a certification

from an architect registered in this Commonwealth that

the use of nonfixed seating complies with all building and

fire safety codes.

In § 461a.10 (relating to automated gaming voucher

and coupon redemption machines), subsections (g), (i) and

(o) that relate to internal controls have been deleted and

relocated to the new § 465a.34 (relating to automated

gaming voucher and coupon redemption machine accountPROPOSED RULEMAKING 6073

PENNSYLVANIA BULLETIN, VOL. 39, NO. 42, OCTOBER 17, 2009