(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 panelingsurface 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, wastecleaning 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 toamend Chapters 121 and 123 (relating to general provisions; and standards for contaminants) as set forth in Annex A. The proposed amendments would add four newterms and definitions under § 121.1 (relating to definitions). The proposed amendments would add provisionsunder 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 UnitedStates 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/m 3 ) 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 PM2.5such as visibility impairment, soiling and materials damage. The following counties in this Commonwealth havebeen designated nonattainment for the 1997 fine particulate NAAQS: Allegheny (Liberty-Clairton), Allegheny (remainder), Armstrong, Berks, Beaver, Bucks, Butler, 

### 6068 PROPOSED RULEMAKING

**PENNSYLVANIA BULLETIN, VOL. 39, NO. 42, OCTOBER 17, 2009**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/m 3 from 65 μg/m 3 . See 71 FR 61236. On December 18, 2008, all or portions of the following counties in thisCommonwealth 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 andpremature 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 1Partnership 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. Theemission 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 reducedemissions 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 ofOWBs. 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 improvedhuman 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 thatwould be subject to regulation under this proposed rulemaking, section 4.2 of the APCA authorizes the Board toadopt 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 primaryand 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 inthis 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 

### PROPOSED RULEMAKING 6069

**PENNSYLVANIA BULLETIN, VOL. 39, NO. 42, OCTOBER 17, 2009**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 tooperate 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 requirementsincludes 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 toensure 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 requirementsassociated 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, theAQTAC 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 permanentlyachieve or move beyond compliance. The proposed rulemaking does not directly promote a multimedia approach. The reduced levels of PM2.5, however, will benefit waterquality 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. 

### 6070 PROPOSED RULEMAKING

**PENNSYLVANIA BULLETIN, VOL. 39, NO. 42, OCTOBER 17, 2009**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 andEnergy Committees (Committees). In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy of adetailed 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, IRRCmay convey any comments, recommendations or objections to the proposed regulations within 30 days of theclose 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 Assemblyand 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 ofelectronic 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 thepurpose 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 1pound 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). 

### PROPOSED RULEMAKING 6071

**PENNSYLVANIA BULLETIN, VOL. 39, NO. 42, OCTOBER 17, 2009**(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 outdoorwood-fired boiler that has been certified or qualified by the EPA as meeting a particulate matteremission 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 ifthe 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 orinstall 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 oroperates 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 oroperate 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). 

### 6072 PROPOSED RULEMAKING

**PENNSYLVANIA BULLETIN, VOL. 39, NO. 42, OCTOBER 17, 2009**(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 subjectto 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 In** 

**ternal 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 employeeidentification 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 nonfixedseating 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 automatedgaming voucher and coupon redemption machine account

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