pennsylvania 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

SECRETARY 

January 3, 2014 

Mr. Shawn M. Garvin 

Regional Administrator 

U.S. Environmental Protection Agency, Region III 

1650 Arch Street (Mail Code: 3RAOO) 

Philadelphia, PA 19103-2029 

Dear Mr. Garvin: 

Enclosed for your approval is a revision to Pennsylvania's State Implementation Plan (SIP) 

pertaining to the adoption by Allegheny County Health Department (ACHD) in June 2013 of 

Outdoor Wood-Fired Boiler regulations. The revision is identified as Revision No. 71 to the 

Maintenance Plan for ACHD's internal tracking. 

The ACHD is a local health agency organized under Local Health Administration Law, Act 315 

of August 24, 1951, P.L. 1304, as amended, whose powers and duties include the enforcement of 

laws relating to public health within Allegheny County. The ACHD has an air pollution control 

program that has been approved by DEP in accordance with Section 12 ofthe Air Pollution 

Control Act. 

I have enclosed a hard copy and a compact disc of the supplemental SIP submittal materials. 

The supplemental materials consist of: documentation of the public hearing and comment period, 

and the comment and response document. I certify that the electronic files are exact duplicates 

of the hard copies. 

The Commonwealth followed all ofthe procedural requirements of the State's laws and 

constitution in conducting and completing the adoption/issuance of the SIP revision. 

Thank you for your attention to this matter. Should you have any questions concerning this SIP 

revision, please contact Joyce E. Epps, Director of Air Quality, by e-mail at jeepps@pa.gov or 

by telephone at 717.787.9702. You may also contact Ms. Jayme Graham, Manager, Air Quality 

Program, ACHD, by e-mail atjgraham@achd.net or by telephone at 412.578.8129. 

Sincerely, 

E. Christopher Abruzzo 

Secretary 

Enclosures 

cc: Joyce E. Epps 

Jayme Graham, ACHD 

Diana Esher, EPA Region III 

----'R"'a""c'"h·el Carson State Office Building I P.O. Box 2063 1 Harrisburg, PA 17105-2063 

717.787.2814 rp Printed on Recycled Paper \6() www .depweb.state.pa.us 
COUNTY OF ALLEGHENY 

RICH FITZGERALD 

COUNTY ExECUTiVE 

Ms. Joyce Epps, Director 

Department of Environmental Protection 

Bureau of Air Quality 

Rachel Carson Building 

400 Market Street, P.O. Box 8468 

Harrisburg, PA 17105-8468 

Dear Ms. Epps: 

August 5, 2013 

Enclosed are a paper copy and an exact duplicate of this paper copv on a computer disk in 

searchable pdf file format of a revision to Allegheny County's portion of the Pennsylvania State 

Implementation Plan for the Attainment and Maintenance of the Natjonal Ambient Air Quality 

Standards. Changes made to Arti.cle XXI, Air Pollutio.n Control Rules and Regulations, and 

Cotmty Ordinance 16782 involve the addition of new Section 2 104.09, "Outdoor Wood-Fired 

Boilers." and related new definitions at Section 21 01 .20. Tills SIP revision is being tracked as 

our internal Revision 71. 

This SIP Revision was the subject of a public comment period from December 21, 2011 until 

January 24, 20 11 , with a public hearing held on January 19, 2011. It was approved by the Board 

of Health on May 2. 2012. enacted by County Council on May 22. 2013, approved and signed by 

the Allegheny COtm1y Chief Executive on May 29, 2013, and became effective June 8, 2013. 

We request that the Pennsylvania Department of Envirorm1ental Protection approve this revision 

and forward the paper copy and disk to the U.S. EPA Region HI with a recommendation for 

approval. if you have any questions, please call me at the number below or email me at 

jthompson@achd.net. 

cc: Kirit Dalal 

Stephen Hepler 

Enclosures 

~f_ {p~J 

James Thompson, Manager 

Air Quality Program 

ALLEGHEN Y COUN TY H EALTH DEPARTMENT • AIR QUALITY PROGRAM 

301 39"' STREET BUILDING #7 • PmSBURGH. PA 1 520 1· 18 i i 

PHONE (4 1 2) 578-8103 • FAX (41 2) 578-81 4 4 
1 

REVISION TO ALLEGHENY COUNTY’S PORTION 

 of the 

PENNSYLVANIA STATE IMPLEMENTATION PLAN 

for the 

ATTAINMENT AND MAINTENANCE 

of the 

NATIONAL AMBIENT AIR QUALITY STANDARDS 

_______________________________ 

(Revision Tracking No. 71) 

Outdoor Wood-Fired Boilers Regulations 
2 

(Rev. No. 71)

Table of Contents 

A. Outdoor Wood-Fired Boilers Regulations 

1. Summary of action 

2. Regulation 

B. Documentation of Public Hearing and Certifications 

Public Hearing Notice 

Proof of Publication of Hearing 

Notices to US EPA and PA DEP 

Certification of Hearing 

Summary of Comments and Responses 

Certification of Approval and Adoption 
3 

A.1 Summary of Action 

New Outdoor Wood-Fired Boilers Regulations - State Implementation Plan 

(SIP) Revision 

ACHD is incorporating by reference into Article XXI, with a limited number of health 

enhancing revisions as summarized below, the Pennsylvania Department of 

Environmental Protection’s (DEP) Air Pollution Control Act at 25 Pa. Code §123.14, 

Outdoor Wood-Fired Boilers and certain related definitions of 25 Pa. Code §121.1, 

Definitions, as issued in 40 Pa. Bulletin 5571, October 2, 2010. 

The revisions to the PA DEP regulations include an increased setback requirement, 

additional stack height criteria, use restrictions on Air Quality Action Days, and the 

addition of simple reporting requirements at purchase time. 

The incorporation of the PA DEP regulations supplemented with the limited changes 

described above tailoring the regulations to the specific situations encountered in 

Allegheny County, will allow the ACHD to address the concern of emissions of fine 

particulate matter, PM2.5, from OWB, which should benefit of the health of the citizens 

of this County. 

Finally, ACHD will submit this regulation as a revision to the County’s portion of the 

Pennsylvania State Implementation Plan. 
4 

A.2 New Regulation 

PART D - POLLUTANT EMISSION STANDARDS

The following section is added to Article XXI: 

.... 

§2104.09 OUTDOOR WOOD-FIRED BOILERS

{Section added Month, Day, 2012, effective Month, Day, 2012}

(a) Applicability. Beginning on (insert the effective date of this regulation), this section 

applies to the following: 

1. A person, manufacturer, supplier or distributor who sells, offers for sale, leases or 

distributes an outdoor wood-fired boiler for use in Allegheny County. 

2. A person who installs an outdoor wood-fired boiler in Allegheny County. 

3. A person who purchases, receives, leases, owns, or uses an outdoor wood-fired 

boiler in Allegheny County. 

(b) Exemptions. 

1. This section does not apply to a person, manufacturer, supplier or distributor who 

sells, offers for sale, leases or distributes in this County a non-Phase 2 outdoor 

wood-fired boiler if the person, manufacturer, supplier or distributor 

demonstrates the non-Phase 2 outdoor wood-fired boiler is intended for shipment 

and use outside of the Commonwealth of Pennsylvania. 

2. Subsections c, d and e do not apply to a permanently installed outdoor woodfired boiler that was installed prior to October 2, 2010, and is transferred to a new 

owner as a result of a real estate transaction. 

 (c) Phase 2 outdoor wood-fired boilers. Except as provided under Subsection b: 

1. A person may not sell, offer for sale, distribute or install an outdoor wood-fired 

boiler for use in this County 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 County unless it is a Phase 2 outdoor wood-fired boiler. 

(d) Setback requirements for new Phase 2 outdoor wood-fired boilers. A person may not 

install a new Phase 2 outdoor wood-fired boiler in this County unless the boiler is 

installed a minimum of 150 feet from the nearest property line, except that, where a new 

Phase 2 outdoor wood-fired boiler replaces an existing non-Phase 2 unit, the minimum 

setback required shall be 50 feet. 
5 

(e) Stack height requirements for new Phase 2 outdoor wood-fired boilers. A person 

may not install, use or operate a new Phase 2 outdoor wood-fired boiler in this County 

unless the boiler has a permanently attached stack. The stack must meet all of the 

following requirements: 

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

2. Extend at least two feet above the peak of the highest residence located within 

150 feet of the outdoor wood-fired boiler. 

3. Be installed according to the manufacturer's specifications. 

(f) Allowed fuels. A person that owns, leases, uses or operates an outdoor wood-fired boiler 

in this County 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: 

A. Complies with all applicable sulfur limits. 

B. Is used as a starter or supplemental fuel for dual-fired outdoor woodfired boilers. 

4. Other types of fuel approved in writing by the Department upon receipt of a 

written request. 

(g) Prohibited fuels. A person who owns, leases, uses or operates an outdoor wood-fired 

boiler in this County may not burn a fuel or material in that outdoor wood-fired boiler 

other than those fuels listed under Subsection f. 

(h) Use Restrictions on Air Quality Action Days. No person shall operate, or allow to be 

operated, any new or existing outdoor wood-fired boiler on an Air Quality Action Day in 

this county, unless the OWB is the primary residential heating source. 

 (i) Applicable laws and regulatory requirements. A person may not use or operate an 

outdoor wood-fired boiler in this County unless it complies with applicable PA 

Commonwealth, County and local laws and regulations adopted thereunder, including the 

following Article XXI sections: 

1. §2101.11.c, Prohibition of Air Pollution; 

2. §2101.13, Nuisances; 

3. §2104.01.a, Visible Emissions – General; and 

4. §2104.04.a, Odor Emissions – General. 

(j) Written notice and Recordkeeping. At the execution of the commercial sale or lease in

this county of a new or used Phase 2 outdoor wood-fired boiler, the distributor, seller or 

lessor shall: 

1. Provide the buyer or lessee with a copy of this section of Article XXI; and 

2. Record the make, model name/number, and date of manufacture of the outdoor 

wood-fired boiler sold or leased, the name and address of the buyer or lessee as well 

as the address of the location where the unit will be installed if different from that of 

the buyer or lessee, and submit this information to the Department no later than 30 

days after the end of the calendar year in which the sale or lease occurred. 
6 

REVISIONS 

§2101.20 Definitions. The following definitions are added to Article XXI:

“Air Quality Action Day” means a day for which a forecast has been issued by the Pennsylvania 

Department of Environmental Protection, the Allegheny County Health Department or the 

Southwest Pennsylvania Air Quality Partnership indicating that ambient concentrations of ozone, 

particulate matter, carbon monoxide, sulfur dioxide, or nitrogen dioxide might reach unhealthful 

levels or exceed the National Ambient Air Quality Standards.

“Btu - British thermal unit” means 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” means dry, seasoned, natural wood that contains no paint, stains or other types of 

coatings, and has not been treated with preservatives or chemicals, including copper, chromium 

arsenate, creosote and pentachlorophenol. 

“New Phase 2 outdoor wood-fired boiler” means a Phase 2 outdoor wood-fired boiler that is 

installed on or after October 2, 2010. 

“Non-Phase 2 outdoor wood-fired boiler” means an outdoor wood-fired boiler that has not 

been qualified by the EPA as meeting a particulate matter emission level of 0.32 pounds per 

million Btu output or lower and is not labeled accordingly as a Phase 2 outdoor wood-fired boiler. 

“Outdoor wood-fired boiler” means: 

a. A fuel-burning device that: 

1. Is designed to burn, or is capable of burning, clean wood or other fuels 

listed under §2104.09(f) (relating to outdoor wood-fired boilers). 

2. Has a rated thermal output of less than 350,000 Btu per hour. 

3. The manufacturer designs or specifies for outdoor installation or 

installation in structures not normally intended for habitation by humans 

or domestic animals, including structures like garages and sheds. 

4. 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. 

b. The fuel-burning device may also be known as an: 

1. Outdoor wood-fired furnace. 

2. Outdoor wood-burning appliance. 

3. Outdoor hydronic heater. 

“Phase 2 outdoor wood-fired boiler” means an outdoor wood-fired boiler that has been 

qualified by the EPA as meeting a particulate matter emission level of 0.32 pounds per million 

Btu output or lower and is labeled accordingly 
7 

B. 

Documentation of Public Hearing and Certifications 

Public hearing notice 

Proof of publication of notice of hearing

Transmittals of hearing notice to EPA & PA DEP

Certification of hearing

Comment and response document 

Certification of Approval and Adoption
8 

NOTICE OF PUBLIC HEARING 

FOR PROPOSED AMENDMENTS TO 

ALLEGHENY COUNTY HEALTH DEPARTMENT RULES AND REGULATIONS 

ARTICLE XXI, AIR POLLUTION CONTROL 

The Allegheny County Board of Health will hold a public hearing on Thursday, 

January 19, 2012, at 10:00 AM, Building #7 First Floor Conference Room, Clack 

Health Center, 301 39th Street, Pittsburgh, PA 15201 to take testimony on the following 

proposed modifications to County Ordinance 16782 and Allegheny County Health 

Department Article XXI: 

The addition of Article XXI, §2104.09, Outdoor Wood-Fired Boilers; and 

Revisions to Article XXI, §2101.20, “Definitions” as it relates to outdoor woodfired boilers. 

The proposed amendments will be incorporated as a revision to Allegheny 

County’s portion of the Pennsylvania State Implementation Plan. 

Copies of the proposed amendments may be examined beginning Wednesday, December 

21, 2011, at the Allegheny County Law Library, Room 921 City-County Building, Grant 

Street, Pittsburgh, PA 15219, from 8:30 AM to 5:00 PM; at the Allegheny County Health 

Department Library, Building 7, Clack Health Center, from 8:30 AM until 3:30 PM 

Monday thru Friday; on the Allegheny County Health Department web site: 

www.achd.net; or by calling 412-578-8120 to request a mailed printed copy. 

Oral testimony must be pre-scheduled by calling 412-578-8008 no less than 24 hours in 

advance of the public hearing. Speakers will be limited to five minutes and should bring 

a written copy of their comments. 

The Board will accept written testimony beginning Wednesday, December 21, 2011, 

and concluding Tuesday, January 24, 2011, by mail to: 

Board of Health 

3333 Forbes Avenue 

Pittsburgh, PA 15213 

By email to BOH@achd.net 

By Fax to 412-578-8325 

 
9 

No. Term. ______ _ 

Proof of .Publication of NoHce in Pittsburgh Post-Gazette 

Under .1\ct No SR7, Approved May 16, 1929, I) I . 1784, M 1:tst :l•U£.ndcd by J\ct No 409 of September l9, l 95l 

t'ommonwtahh of PcnnsylvnoJn, County of Allegheny. ss \ 'I...J'tOtJ,Iwm . be1og duly swot'O, deposes aod s..1.ys that the 

J»msburgh \l~ ·Ga7,cttc. n nc'WS-JXIPU of.~<t11cr;sl c il'l:ul:nion J)·Ublis.hed 16 th.: City o f Pitbbutgh, Cou11ty and ConU110mveatth afor~said, was 

~t:l hs cd in 1993 by the merging of the Piusburgh Post·G:azeue and Sun·Telc:.gr..\ph nn<L The PittSburgh Pn:5S twd the. Piu:.burgh o$ ~ 

Ga?.cuc and Sun· rctcgmph ~s establi~ ed in 1960 ;snd lho Piusburgh Post·Gaz .. me ~lt;l$ established i1' 1927 by the mergb)g o f th~ 

m~hur"'h <la7,cuc C'itab1•:shcd tn 1786 and tht: Piu:;bu•·gh ~t . c..o;;J.1bliahed i1l 1842, stoct wl\ich date the said Jlins.burgh Po:o.t•Gazeue has 

been n. uh rly is.sucd in said County anJ that n copy or !'aid printed notice or l>ub1kmio o is auachcd hcrcro extlctly as I he .5amc was 

:int~d Bnd published in the re •ull\1 edit ~ and t .. sues of the l\tud Pittsburgh l' o!'>t.C,ltzcue n 

n.::wspap¢r of ger}Ct'al ci(Cl•latiO:tl on the following date . vi.£~ 

15 o( Decernbt:r, lOll 

,\ ffi:mL fmther dt<poSC~ that h¢•:-;.hc IS au a gem IQr lhc .PO Pul>hsJung Company. a i:Orpor:HlOO and publisher oft be Piti.Sburgb l'osi·Gnzcnc, 

thnt, as liut:h agent, all"utnl is duJy mnhorlzed 10 \'crify the f(ln:::gOulJJ, ,stattaucm und~;r oa1h, dl:)t ~l'fian t is 11()1 interested in t.he subj«t m:mcr 

o flll(' afore Sllid notice C1r publicalion, nnd thai nll <~lle io s in the forcgolngstnlcmcnt os 10 time , pi:)CC Md c00J'JC11:r of"publicanoonrc 

true. 

c '01'\! ~C'~!!)' Swot11 (() illld :~. bscribed botforc. me this da)' of: 

December 15, 20 I I 

'" 

l h&.TCby em if 

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STATEMENT 01' AOVERTISiiXG COSTS~ '" 

ALC'l'Y HEALTH· LEGJ\L-fORBI::S JIVE 

JJ\!'IET NORKUS 

3333 FORBE;S AVE 

~ITTSBURGH PA 15213 

To J>G Publishing Company 

Total ----------------------------- S90.30 

l)(j 'ub li g Company, 01 Corporation. Publbhcr of 

IJitL<;burgh osl-Gaz~ttc:. :1. Newl"papc:r af (icnernl Circu lalinn 

By 

• 
10 

DIRECTOR 

Bruce W, Oix:on, M.D. 

.\1s. Joyce Epps, Director 

AIR QUALITY PROGRAM 

3()1 39"' Street- Bldg. #7 

PoiiSbUIIIh, PA 15201-1891 

Phone: (412) 578-8115 

Fax: (412) 578-8144 

December 19,2011 

Department of Environmental Protection 

Bureau of Air Quality 

Rachel Carson Building 

400 Market Street, P.O. Box 8468 

Harrisburg, PA 17105-8468 

Dear Ms. Epps: 

BOARD Of HEALTH 

P•ul M. Kln9, Esq., Q.E.P. 

cr.-

Lee HiJfri$00, M.O. 

VlctOt.lr 

AI M. Ahmed, P.E. 

Rl!'l. Rod<y V. Burgess 

~ s. 8urf<e, .o. 

Hon • .Joan CleiN)', R.N. 

J•~ M. Flynn, Jt. 

IJdiO C. Turn~ M.D . 

W iOm YOU>gblood 

Enclosed is a Notice of Public Hearing scheduled to occur on January 19. 2012, regarding proposed 

revisions to the Allegheny County Health Department Rules and Regulations. Aniclc XXI, Air 

Pollution Control and County Ordinance Number 16782, to add Section 2104.09. "Outdoor Woodfired Boilers," and add items related to outdoor wood-fired boilers to Section 2 101 .20, ''Oeflllitions." 

These additions -.;u also be submined as changes to Allegheny County's ponion oftbe Pennsylvania 

State Implementation Plan. 

Your comments are welcome. 

ec: Arleen Shulman 

Steve Hepler 

Enclosures 

• Public Hearing Notice 

Sincerely, 

9~-_;-i-.JL- f.r 

James Thompson. Manager 

Air Quality Progr•m 

• Proposed Article X.."<I.JSIP Re• ision 
11 

DIRECTOR 

Bruce W. DiXOn, M.D. 

Ms. Diana Esber, Director 

Air Protection Di\ision 

Region ID (3APOO) 

AIR QUALITY PROGRAM 

30 1 39"' S1roet - Bldg. #7 

Ptttob<Jrglt PA 1 S20H891 

Phone: (41Z) 578·611 5 

Fu: 412) 578-8144 

December 19, 2011 

U.S. Enviroomemal Protec1ion Agency 

1650 Arch Street 

Philadelphia, PA 19103-2029 

Dear Ms. Esher: 

BOARD OF HEALTH 

Pllu11'1. Kl<lg, Esq .. Q.E.P. 

CN• 

l H M~mso 1 N.D. 

lk• Cft•.r 

AIM. Ahmed, P.E. 

Rev. Ricky V. 8or9ess 

DonaldS. Btu+.e, M.D. 

Hon. loon Cleor(, R.N. 

Jom<>s M. Fl)m, Jr 

IJdia C. Turui, M.D. 

.~.-Mn Youngblood 

E:nclosed is a Notice of Public Hearing schedule-d to occur on January 19, 2012, regarding proposed 

revisions to the i\Jiegbeny County Health Department Rules and Regulations, Aniclc XXI. Air 

Pollution Control and County Ordinance Number 16782. to add Section 2104.09, "Outdoor WoodFired Boilers,~ and add items related to outdoor wood-fired boilers to Section 2101.20, "Definitions .. , 

These additions "ill also be submitted as changes to Allegheny County's portion of the Pennsyl"ania 

State Implementation Plan. 

Your comments an: wdcome. 

Enclosures 

• Public Hearing Notice 

y;; ft,Jl~ ~ James Thompson, Manager 

Air Quality Program 

• Proposed Article XX!JSIP evi~ion 
12 

Revision 71 

SIP Submittal for Outdoor Wood-Fired Boiler Regulations 

Cenifi<:atjon 11f Hearjn• 

Thomas Lattner deposes 3lld says that he is an Air Pollution ContrQI Engineer in the Air 

Quality Progrnm of the Allegbeny Cow11y Heahb Deprutmem:llld hereby cenifies that a 

Public Hearing wa< held on January 19. 2012 on the proposed adoption of the addition of 

Section 2104.09, Outdoor Wood-Fired Boilers and a change to Section 2101.10. 

Defmitions. of Anicle XXI, "Rules and Regulations of the AUegheoy County Health 

Department for Air Pollmion Control," :and amendment to County Ordinance No. 16782; 

that this change is to be inootporated a< a chonge to Allegheny County's Portion of the 

Pennsylvania State Implementation Plan for the Attaimnent and Maintenance of National 

Ambient Air Quality Standardl;; that the opportunity for written comments was given in 

accordance with the requirements of 40 CFR Sl.102; that notice of such hearing was 

given by publication in a newspaperofgencml circulation on December IS. 2011: and (0 

the be$t of his knowledge. belief 3lld undc:rstoncling. such proceedings wen: in full 

compliance with all applicable State and Federal laws, regulatioos.lllld other 

requiremerus. 

Thomas Lmmcr. 

Air Pollution Control Engineer 

Air Quality Progrnm 

Allegheny County Health Depattmcnt 
13 

SUMMARY OF COMMENTS AND RESPONSES 

for the Proposed SIP Revision 71 

Article XXI, Section 2104.09, Outdoor Wood-Fired Boilers Regulations. 

January 19, 2012 Public Hearing 

SUPPORT FOR OWB REGULATIONS STRONGER THAN THE STATE’S 

1. Comment: Penn Future applauds the Allegheny County Health Department for 

proposing regulations on the use of Outdoor Wood-Fired Boilers that improve 

upon the state’s regulations. The use of these boilers can be a nuisance to the 

owner’s neighbors, can contribute to the poor air quality in the county and can 

pose serious health risks to those who live around the boiler. 

Commenter: Tiffany Hickman, Citizens for Pennsylvania’s Future. Similar 

comments were received from Jamin Bogi with Group Against Smog and Pollution 

(GASP), Ivy Steinberg, and the Citizens of Carnegie

Response: The Health Department considers all public comments. 

2. Comment: The State’s regulations simply aren’t protective enough for us here, 

considering the density of Allegheny County. 

Commenter: Jamin Bogi, GASP. Similar comments were received from Ivy 

Steinberg, and the Citizens of Carnegie 

Response: The Health Department considers all public comments. 

3. Comment: The federal Clean Air Act requires states to achieve 

attainment...Allegheny County has been designated “nonattainment” of the NAAQS 

for fine particulate matter PM2.5...ACHD’s promulgation and enforcement of an 

OWB regulation must be guided by its duties to protect public health and the safety 

and well being of the County’s citizens and the public generally and to bring the 

County into attainment with the national ambient air quality standard for PM2.5. 

Commenter: John K. Baillee, Penn Future 

Response: The Health Department considers all public comments. 

4. Comment: ...children are more susceptible than adults to the adverse health impacts 

of wood smoke...ACHD should also consider the benefits that a stronger rule will 

have on improving children’s health in Allegheny County. 

Commenter: John K. Baillee, Penn Future 

Response: The Health Department considers all public comments. 
14 

OPPOSITION TO THE OWB REGULATION 

5. Comment: Central Boiler opposes the proposed County regulations for “outdoor 

wood-fired boilers” because the County Board of Health appears to have adopted the 

PA DEP regulations in March 2011. 

Commenter: David McDonald, Environmental Relations, Central Boiler, Inc. 

A similar comment was made by the Hearth, Patio and Barbecue Association. 

Response: The Board of Health did not adopt the PA DEP regulations at its March 

2011 meeting. Instead, this was the first time the issue of OWB regulations was 

presented to the Board. At this meeting, the ACHD Air Program requested approval 

to begin work to address the issue of OWB regulations with the incorporation of the 

PA DEP regulation as a starting point and requested permission to investigate making 

certain changes that might result in a more stringent regulation that would provide 

increased health protection to County residents. The Board granted that approval. 

6. Comment: Central Boiler opposes the proposed County regulations for “outdoor 

wood-fired boilers” because the PA DEP already explicitly regulates OHHs regarding 

PM emissions, installation, siting and operation requirements. 

Commenter: David McDonald, Environmental Relations, Central Boiler, Inc. 

A similar comment was made by the Hearth, Patio and Barbecue Association. 

Response: The proposed ACHD OWB regulation incorporates the majority of PA 

DEP regulation for OWBs as is, with some language changed to provide enhanced 

health protection for the citizens of Allegheny County. 

7. Comment: Central Boiler opposes the proposed County regulations for “outdoor 

wood-fired boilers” because the U.S. EPA plans to include OHHs in the NSPS this 

summer. 

Commenter: David McDonald, Environmental Relations, Central Boiler, Inc. 

Response: The proposed ACHD regulation will address the issue of OWBs in a 

timely fashion based on the already existing regulatory structure. 
15 

SUPPORT FOR BANNING OWBS 

8. Comment: More and more municipalities in the US are banning Outdoor Wood 

Boilers. In fact, the state of Washington has banned them completely. It would best 

serve the public health of Allegheny County and would be another step forward to 

cleaner air if we enact a ban as well. 

Commenter: Julie Bergo, Board Member, GASP. Similar comment was received 

from Perry Bergman. 

Response: The ACHD regulation is consistent with the PADEP regulation and does 

not ban new or existing OWBs. 

9. Comment: The Council believes that a complete ban on OWBs is necessary to 

adequately protect Allegheny County residents from the health effects of OWBs. This 

position is based on the harmful and intrusive nature of wood smoke, a study finding 

setback and stack height requirements are insufficient to protect neighbors, and the 

population density of Allegheny County. 

Commenter: Clean Air Council. 

Response: The ACHD regulation is consistent with the PADEP regulation and does 

not ban new or existing OWBs. 

10. Comment: To address emissions from older units, Penn Future urges the ACHD to 

incorporate a similar ban (i.e., similar to Washington state) into the Allegheny 

County’s OWB regulation. 

Commenter: John K. Baillee, Penn Future 

Response: The ACHD regulation is consistent with the PADEP regulation and does 

not ban new or existing OWBs. 

SETBACK DISTANCE NOT LONG ENOUGH 

11. Comment: The County proposes to increase the setback to 150’, a jump from the 

state’s 50’. Even a 150’ setback is not enough of a setback to fully protect the health of 

all County citizens. 

Commenter: Jamin Bogi, Group Against Smog and Pollution. 

Response: The setback proposed in the ACHD regulation is within the range of setbacks 

established in various state and local regulations.

12. Comment: We also recommend a setback requirement of 200 feet from the 

nearest residence not being serviced by the OWB in addition to the 150 foot 

setback from the nearest property line required in the proposed regulation. 

Much of the nuisance problems associated with outdoor wood boilers can be 

mitigated with aggressive setbacks to protect nearby properties. 

Commenter: Tiffany Hickman and John Baillie, Citizens for Pennsylvania’s Future. 
16 

Response: The setback proposed in the ACHD regulation is within the range of setbacks 

established in various state and local regulations.

13. Comment: If the Board decides not to implement a total ban, the Board must at least 

tighten the proposed regulations to better protect County residents. For example, 

Allegheny County has a population density more than ten times that of New 

Hampshire. New Hampshire requires an OWB be at least 200 feet from the nearest 

residence (as opposed to the proposed 150 feet from a property line) and requires the 

stack to be at least two feet higher than the peak of any residence up to 300 feet away 

(as opposed to the proposed 150 feet away). 

Commenter: Clean Air Council. 

Response: The setback proposed in the ACHD regulation is within the range of setbacks 

established in various state and local regulations.

14. Comment: A 2006 - 2007 study by the New York Department of Health proves that 

smoke from OWBs trespasses onto properties and into homes further than 1,000 feet 

way. This study clearly demonstrates that a setback of 150 feet is inadequate. 

Commenter: Julie Bergo, Board Member, GASP. 

Response: The setback proposed in the ACHD regulation is within the range of setbacks 

established in various state and local regulations. Also, the timeframe of the cited study 

would preclude the possibility that the OWBs in operation were the Phase 2 OWBs to be 

required by the new ACHD regulation.

15. Comment: Mirroring the state, the County proposes all new OWBs must be 

qualified as Phase 2, an EPA label given to units that theoretically have lower 

emission levels only reachable under optimal conditions, nothing near what 

happens in reality. 

Commenter: Jamin Bogi, Group Against Smog and Pollution. 

Response: The ACHD regulations provide additional protections against sub-optimal 

conditions.

16. Comment: I have witnessed personally OWB emissions from units set back from a 

neighboring house at least 150 feet. This distance was not enough to protect me from 

breathing in the toxic smoke from the boiler while in the neighboring yard. 

Commenter: Ivy Steinberg. 

Response: The setback proposed in the ACHD regulation is within the range of setbacks 

established in various state and local regulations.

SETBACK DISTANCE TOO BIG 

17. Comment: The proposed rules impose unnecessary lengthier setback requirements 

than required for EPA Phase 2 Qualified OHHs. 
17 

The proposed 150-foot setback requirement from the property line applicable to any 

Phase 2 OHH is unnecessary to protect neighboring property owners from OHH 

emissions...dispersion modeling analysis supports a more reasonable 50 foot 

setback... specific modeling shows that for a boiler with an emission rate of 0.60 

lb/MMBtu (note that .60 is an older EPA Phase 1 standard), along with a stack height 

of two feet above neighboring structures and a setback of just 50 feet, would keep the 

unit safely in compliance with the new 24-hour NAAQS for fine particulate matter 

(PM2.5). 

Phase 2 compliant OHHs emit even less particulate, 0.32 lb/MMBtu heat output. A 

50 foot setback from the property line is more than adequate to assure NAAQS 

compliance. The 50-foot setback from the property line which has already been 

established in PA DEP Regulations is reasonable when installing the newest state of 

art products developed under the EPA Phase 2 program. 

Commenter: David McDonald, Environmental Relations, Central Boiler, Inc. 

A similar comment was made by the Hearth, Patio and Barbecue Association. 

Response: The setback proposed in the ACHD regulation provides additional protection 

to the citizens of the County. This is the same setback originally proposed by the PA 

DEP. ACHD feels that the additional setback is required for the County’s dense 

population and complex terrain.

18. Comment: Modeling completed by HPBA to evaluate the ambient impacts of 

models that qualify under the EPA phase 1 emission target clearly shows that these 

models, when installed with stack heights consistent with manufacturer’s instructions, 

have ambient impacts well below the revised 24 hour PM2.5 National Ambient Air 

Quality Standard (NAAQS), at the closest receptor to the unit (10 meters, or roughly 

thirty feet) that can be modeled. 

...All maximum predicted PM2.5 concentrations are in compliance with the National 

Ambient Air Quality Standards (NAAQS) and all are below the Significant Impact 

Levels (SIL). 

Accordingly, there is no justification, from the standpoint of protection of the 

NAAQS, to require outdoor wood-burning boilers that meet the emissions limit of 

0.32 lbs/MMBtu heat output to be installed at a distance of 150 feet from the property 

line. 

Commenter: Hearth, Patio and Barbecue Association. 

Response: The setback proposed in the ACHD regulation provides additional protection 

to the citizens of the County. This is the same setback originally proposed by the PA 

DEP. ACHD feels that the additional setback is required for the County’s dense 

population and complex terrain.
18 

19. Comment: ...it is difficult to understand why this specific (setback) provision allows 

for two different installation criteria when the installation of a replacement appliance 

is allowed if installed per PA DEP Regulation but an entirely new install requires a 

greater setback. 

Commenter: Hearth, Patio and Barbecue Association. 

Response: The regulation makes it possible for the owner of an existing installed nonPhase 2 boiler to upgrade to a Phase 2 OWB even when the property does not permit the 

establishment of the 150 foot setback, thus avoiding a situation where the regulation 

could have unintentionally prevented an upgrade to a less polluting OWB. 

20. Comment: The following are setback requirements already established for Phase 2 

appliances in some other States and are similar to the requirements established in PA 

DEP Regulations: 

State of Maine –50 feet from a property line or 70 feet from a neighboring 

 residence 

State of New Hampshire – 50 feet from a property line 

State of Massachusetts –50 feet from a property line and 75 feet from a 

neighboring residence 

State of Vermont –100 feet from neighboring residences but Vermont does not 

regulate chimney height requirements for OHHs 

State of Rhode Island – no setback requirement 

State of Indiana – no setback requirement 

NESCAUM – Model Rule does not require setbacks or chimney height 

Commenter: Hearth, Patio and Barbecue Association. 

Response: The setback proposed in the ACHD regulation provides additional protection 

to the citizens of the County. This is the same setback originally proposed by the PA 

DEP. ACHD feels that the additional setback is required for the County’s dense 

population and complex terrain.

21. Comment: Any setback requirement applicable to Phase 2 OWBs, beyond those 

already required in PA DEP Regulations, lacks a rational basis and is discriminatory. 

• Twenty four (24) of twenty five (26) EPA Hydronic Heater Phase 2 Program 

(the “EPA Program”) Qualified Appliances have been shown to have lower 

emission rates than the federal NSPS limits for indoor woodstoves (7.5 g/hr). 

• The maximum allowable individual test run of 18 g/hr established in the EPA 

Program is the same g/hr cap established in the New Source Performance 

Standards (“NSPS”) for indoor wood stoves. 

Indoor wood stoves that meet current federal NSPS may be installed in the 

Commonwealth and Allegheny County without any setbacks. Since there are no 

required setbacks in the Commonwealth or Allegheny County for the installation 

of NSPS indoor wood stoves, any setback requirement applicable to Phase 2 
19 

OWBs, beyond those already required in PA DEP Regulations, lacks a rational 

basis and is discriminatory. 

Commenter: Hearth, Patio and Barbecue Association. 

Response: The setback proposed in the ACHD regulation provides additional protection 

to the citizens of the County. This is the same setback originally proposed by the PA 

DEP. ACHD feels that the additional setback is required for the County’s dense 

population and complex terrain.

With respect to the statement that it is discriminatory that there are no setback 

requirements for NSPS indoor wood stoves, while having such setback requirements for 

Phase 2 OWBs, the ACHD regulation is no more discriminatory than the PA DEP 

regulation, no matter the distance of the setback.

22. Comment: The proposed setback requirement would actually prevent residents 

of the Commonwealth and Allegheny County from installing lower emission Phase 2 

OWBs to replace an existing higher emission indoor wood heating appliance(s). 

Commenter: Hearth, Patio and Barbecue Association. 

Response: The regulation makes it possible for the owner of an existing installed nonPhase 2 boiler to upgrade to a Phase 2 OWB even when the property does not permit the 

establishment of the 150 foot setback, thus avoiding a situation where the regulation 

could have unintentionally prevented an upgrade to a less polluting OWB. See 

Subsection (d), specifically, “except that, where a new PhaSe2 outdoor wood-fired boiler 

replaces an existing non-Phase 2 unit, the minimum setback required shall be 50 feet.” 

23. Comment: Many OWBs are installed to replace existing indoor, non-certified 

wood heating appliances. Sometimes one OWB are installed to replace multiple noncertified wood heating appliances. 

Commenter: Hearth, Patio and Barbecue Association. 

Response: That this is a possible situation, is duly noted. 

COUNTY MODELING 

24. Comment: The ACHD’s own air dispersion “modeling” does not support an 

increased setback requirement. Central Boiler had ACHD’s information 

reviewed...In summary, ...the ACHD modeling offers no scientific basis for 

increasing the 50 ft. setback requirement required in state regulations for installing 

OHHs in the State of Pennsylvania. More importantly, the ACHD modeling is not 

relevant because their modeling: 

• Over-Estimated Emissions and Under-Estimated Dispersion; 

• ACHD Emission Factors Used Do Not Represent EPA Phase 2 Qualified 

OHHs; and 

• ACHD Concentration Maps Show No Violations 

Commenter: David McDonald, Environmental Relations, Central Boiler, Inc. 

A similar comment was made by the HPBA. 
20 

Response: The ACHD modeled two existing OWB that were neither Phase 1 or Phase 2 

OWB, but may have been home-made. The commenter may have performed its analysis 

of the ACHD modeling without this realization and thus treated the ACHD modeling as 

an attempt to model a Phase 2 OWB, which it was not.

STACK HEIGHT REQUIREMENT 

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

located within 150 feet of the outdoor wood-fired boiler. 

25. Comment: The study by the New York Department of Health, also proves 

that the height requirement for smoke stacks is irrelevant. Since OWBs burn 

incompletely, the smoke comes out cool, falls to the ground and travels in a 

plume, not dissipating. Therefore, raising the stack height, along with a 150 

foot setback, in no way will protect neighbors. 

Commenter: Julie Bergo, Board Member, GASP. Similar comment made by John 

Baillee, Penn Future. 

Response: The stack height requirement proposed in the ACHD regulation provides 

additional protection to the citizens of the County. 

26. Comment: The proposed rules impose unnecessary taller chimney height 

requirements than current PA DEP regulation which are more than adequate. 

The requirement in the proposed County rule that Phase 2 compliant OHHs be 

installed with a chimney height requirement taller than what is required in PA DEP 

Regulation ignores how much land a resident owns and how far away a neighboring 

residence, not served by the OHH, is located.

Commenter: David McDonald, Environmental Relations, Central Boiler, Inc. 

A similar comment was made by the Hearth, Patio and Barbecue Association. 

Response: The stack height requirement proposed in the ACHD regulation provides 

additional protection to the citizens of the County and is similar to the recommendations 

made by the Hearth, Patio and Barbecue Association’s Outdoor Furnace Manufacturers 

Caucus in its “Outdoor Wood Furnace Best Burn Practices.”

27. Comment: The (HPBA) Caucus recommends that the proposed language in section 

(e)(2) be eliminated ... if a manufacturer specifies a chimney height taller than the 

minimum chimney height established in the PA DEP Regulation (10ft.) – then 

existing PA DEP Regulation already governs it by requiring “(2) Be installed 

according to manufacturer’s specifications.” 

Commenter: Hearth, Patio and Barbecue Association. 

Response: The stack height requirement proposed in the ACHD regulation provides 

additional protection to the citizens of the County and is similar to the recommendations 

made by the Hearth, Patio and Barbecue Association’s Outdoor Furnace Manufacturers 

Caucus in its “Outdoor Wood Furnace Best Burn Practices.”
21 

28. Comment: The chimney should not be required to extend higher than a consumer’s 

own residence if no other residences are located near the consumer’s property. 

Commenter: Hearth, Patio and Barbecue Association. 

Response: The stack height requirement proposed in the ACHD regulation provides 

additional protection to the citizens of the County and is similar to the recommendations 

made by the Hearth, Patio and Barbecue Association’s Outdoor Furnace Manufacturers 

Caucus in its “Outdoor Wood Furnace Best Burn Practices.”

SEASONAL RESTRICTION 

29. Comment: The proposed regulation calls for prohibition on use of outdoor 

wood-fired boilers on Air Quality Action Days. We believe that in addition to 

the proposed ban, use should be prohibited during the non-heating season. For 

neighbors who want to keep windows and doors open and spend time outdoors 

during the warmer months, this can be an especially hard time to live next to 

an operating OWB. It is also a time when heating a home via an OWB is less 

necessary. Therefore, we support a seasonal prohibition on operating OWBs 

between the dates of May 1 and September 30. 

Commenter: Tiffany Hickman and John Baillee, Citizens for Pennsylvania’s Future. 

Response: The ACHD appreciates the concern expressed by the comment and expects 

the protective features in the regulation to mitigate the causes for that concern in the nonheating season. However, the ACHD will modify the language at Subsection h such that 

it prohibits the use of OWB on Air Quality Action Days during any time of year, unless 

the OWB is the primary source of heat for the residence. 

CLEAN WOOD 

30. Comment: ACHD should not assume that fuel restrictions will resolve the problem 

of pollution from OWBs. ACHD proposes to prohibit all fuels in OWBs besides 

clean wood, wood pellets made from clean wood, some oil, gas or propane, and other 

fuels approved by ACHD. However, limiting combustion to manufacturer-approved 

materials does not, by itself, prevent air pollution that impacts neighbors...Therefore, 

ACHD needs a combination of effective measures (including, but not limited to, fuel 

restrictions) to protect the public from all harmful emissions from OWBs, including 

those emissions from wood smoke. 

 Commenter: John Baillee, Penn Future. 

Response: The ACHD expects that the regulation, as written, will provide the 

measures the commenter mentions as necessary to protect public health. 
22 

REGISTRATION REQUIREMENT FAVORED 

(j) Written notice and Recordkeeping. At the execution of the commercial sale or 

lease in this county of a new or used Phase 2 outdoor wood-fired boiler, the distributor, 

seller or lessor shall: 

1. Provide the buyer or lessee with a copy of this section of Article XXI; and 

2. Record the make, model name/number, and date of manufacture of the outdoor 

wood-fired boiler sold or leased, the name and address of the buyer or lessee as 

well as the address of the location where the unit will be installed if different 

from that of the buyer or lessee, and submit this information to the Department 

no later than 30 days after the end of the calendar year in which the sale or lease 

occurred. 

31. Comment: Outdoor wood-fired boilers can be challenging for Allegheny County 

Health Department personnel to locate due to their nature of operation and location 

on residential and commercial properties. For this reason, United States Steel 

Corporation suggests that a registration requirement be included in the regulation. 

Commenter: Coleen M. Davis, United States Steel Corporation. 

Response: Subsection (j) provides the registration requirement that the commenter 

mentions. 

32. Comment: Penn Future supports these (i.e., notice and recordkeeping requirements) 

aspects of the proposed rule. The proposed information collection will allow ACHD 

to track locations and concentrations of OWBs and promote the effective 

implementation of the rule and facilitate the monitoring of ambient air impacts from 

OWBs. 

Commenter: John K. Baillee, Penn Future 

Response: The ACHD expects that the registration requirement will have the 

benefits mentioned by the commenter. 

REGISTRATION REQUIREMENT NOT FAVORED 

33. Comment: Notice of Sale and Recordkeeping Requirements are an unreasonable 

burden to small businesses in Allegheny County. 

Small businesses located in Allegheny County, and any others conducting business 

with residents of Allegheny County will be adversely impacted under this 

requirement. It unreasonably interferes with their business and adds a reporting 

burden. 

Commenter: David McDonald, Environmental Relations, Central Boiler, Inc. 

A similar comment was made by the HPBA. 

Response: The ACHD regulation includes a “Written Notice and Recordkeeping” 

requirement just as the national model rule does, but in fact ACHD has simplified the 

notice provisions by simply requiring that the seller provide the buyer with a copy of 

Section 2104.09 of Article XXI, approximately three pages in length, and requires 
23 

only once a year reporting as opposed to the national model rule requirement to report 

within seven days of a sale. Therefore, the ACHD has significantly reduced the time 

that a business will have to spend on meeting this feature of the regulation. 

34. Comment: There appears to be no “written notice or recordkeeping” for sales of 

other wood or coal heating appliances that can be sold and installed within the 

County. It appears these many of these other wood or coal heating appliances do not 

have to meet any PM emissions, setback or chimney heights of any kind. These other 

wood or coal appliances are allowed throughout the county with no review of health 

impacts. 

Commenter: David McDonald, Environmental Relations, Central Boiler, Inc. 

A similar comment was made by the HPBA. 

Response: The issue of how other heating appliances are regulated is outside the 

scope of this regulation. 

35. Comment: The (HPBA) Caucus believes that this requirement in the proposal is 

poorly written. It appears that the County plans to regulate small businesses located 

outside the County and throughout the Commonwealth with special “County” 

requirements. 

Commenter: Hearth, Patio and Barbecue Association. 

Response: The regulation states that the “Written Notice and Recordkeeping” 

requirements are to be undertaken by the distributor, seller or lessor “At the execution 

of the commercial sale or lease in this county of a new or used Phase 2 outdoor woodfired boiler.” It is possible that this could affect businesses outside the County. 

STRONG ENFORCEMENT NECESSARY 

36. Comment: Strong enforcement of existing and these new regulations is critical...We 

are asking that these proposals be as strict as possible. If OWBs are not banned outright, 

they must be vigorously monitored by the County. Because existing units are 

grandfathered in nothing in the proposed regulations will help...other than enforcement 

of the malodor, opacity, and nuisance provisions...We expect the County to shut down 

units that repeatedly violate these regulations. 

Commenter: Jamin Bogi, Group Against Smog and Pollution. 

Response: The ACHD regularly implements effective enforcement of all Article XXI 

regulations, and expects to do the same with the proposed new OWB regulations.

37. Comment: The Board should also include provisions in the proposed regulations that 

require ACHD to take swift action in investigating and rectifying neighbor’s 

complaints regarding OWBs. Residents should not have to suffer from OWB 

pollution for prolonged periods as they await assistance from government authorities. 

Commenter: Clean Air Council. 
24 

Response: The ACHD regularly implements effective enforcement of all Article XXI 

regulations, and expects to do the same with the proposed new OWB regulations.

SUPPORT FOR APPLICABLE LAWS AND REGULATORY REQUIREMENTS 

(i) Applicable laws and regulatory requirements. A person may not use or operate 

an outdoor wood-fired boiler in this County unless it complies with applicable 

PA Commonwealth, County and local laws and regulations adopted thereunder, 

including the following Article XXI sections: 

1. §2101.11.c, Prohibition of Air Pollution; 

2. §2101.13, Nuisances; 

3. §2104.01.a, Visible Emissions – General; and 

4. §2104.04.a, Odor Emissions – General. 

38. Comment: Penn Future supports Section (i) “Applicable laws and regulatory 

requirements” of the regulation. The operation of OWBs raises compliance issues 

under all of these regulations, and ACHD needs all available tools to respond.

Commenter: John K. Baillee, Penn Future 

Response: The Health Department considers all public comments. 

39. Comment: Other jurisdictions, including the Commonwealth of Pennsylvania, have 

acted to address public health and nuisance concerns from OWBs. Allegheny County 

must ensure that its regulations reflect, at a minimum, the best measures adopted in 

other states, and be prepared to enforce these rules. 

Commenter: John K. Baillee, Penn Future 

Response: The Health Department believes that it has the regulations in place 

necessary to protect public health. 

40. Comment: ACHD must provide effective outreach and enforcement to prevent 

public health and nuisances form OWBs, including: provide consumer information on 

economic and health issues involved with OWBs; train at least one OWB specialist; 

log all complaints and record follow up actions; bring all enforcement tools to bear on 

OWB violations; prepare reports on sales and operation of OWBs in Allegheny 

County and evaluate the rule against its goal of prevention of threats to public health 

and nuisances. 

Commenter: John K. Baillee, Penn Future 

Response: The ACHD considers all comments with respect to improving its means 

to protecting public health, and expects that it has the necessary enforcement tools. 
25 

41. Comment: The OWB rule should require notice to buyers that compliance with the 

regulation may not shield them from all liability and should explicitly affirm that it is 

not intended to limit other remedies that may be available to those who are adversely 

impacted by OWB emissions. 

 Given the widespread effects of OWBs, it is important that all remedies remain 

available to citizens impacted by this pollution after ACHD adopts a new OWB rule. 

As a general matter, compliance with a statute or regulation “does not establish as a 

matter of law the exercise of due care.” 

 ...ACHD’s proposed rule should require notice to OWB buyers that the stack height 

and setback requirements set forth in the rule may not be adequate in some areas of 

County due to terrain that could render the operation of the OWB a nuisance or public 

health hazard. Penn Future also requests that ACHD modify the rule so that it 

explicitly states that its requirements are minimum standards only, and that those 

provisions are not intended to limit other remedies that may be available to citizens 

who are adversely impacted by emissions from OWBs. 

Commenter: John K. Baillee, Penn Future 

Response: The language of Subsection (i) alerts buyers to the need to comply with 

all applicable Commonwealth, County and local laws and regulations. 

OBJECTIONS TO INCLUSION OF APPLICABLE LAWS AND REGULATORY 

REQUIREMENTS 

42. Comment: The proposed rule incorporates existing opacity requirements that are 

environmentally unnecessary and would be difficult to enforce. 

The proposed rules incorporates an existing County opacity requirements which the 

ACHD states is already applicable to OHHs – making it’s inclusion into the proposed 

County rule unnecessary. 

 The PA DEP Regulation which includes installation, siting, and operational 

requirements combined with the EPA Phase 2 emission limits (0.32 lbs/MMBtu heat 

output) will already insure that Phase 2 compliant units will not cause significant 

adverse air quality impacts. 

In addition, it will be extremely difficult, time-consuming, and expensive to obtain 

reliable opacity readings of emissions from OHHs which is unfair for owners of 

OHHs in the County...Even for qualified observers, conducting a proper visible 

emission reading is difficult... OHH owners will not be able to determine whether 

they are in compliance with the proposed inclusion of opacity emission standards... 

Even for qualified observers, visible emissions readings are also highly subjective. 

The EPA’s own documentation for Test Method 9 acknowledges that trained 

observers are likely to overestimate opacity: 

Combined, the inability of OHH owners to check their own visible emissions, the 

difficult requirements for a qualified observation, the subjective nature of the reading, 

the proven likelihood of positive errors, and the redundancy of opacity requirements 
26 

with emissions limitations, sighting and operations requirements all weigh against 

applying opacity requirements to homeowners in the County that seek to heat their 

homes with wood. 

Commenter: David McDonald, Environmental Relations, Central Boiler, Inc. 

A similar comment was made by the HPBA. 

Response: The specific Article XXI Sections 2101.11.c, 2101.13, 2104.01.a and 

2104.04.a, were included at new Subsection (i) to make them readily available to 

buyers of new Phase 2 OWB. ACHD believes that those OWB consumers unfamiliar 

with Article XXI would find it helpful to have the most applicable sections of Article 

XXI in the new OWB regulation for ready reference. 
27 

CERTIFICATION of APPROVAL and ADOPTION 

To the best of my knowledge, information. and belief, I the undersigned he reby certify that the 

addition of Section 2 104.09 to, and the amendment ro Section 2 101.20 of. Artic le XXI, Rules and 

Regulations of the Allegheny County Health Depa11ment, Air Pollution Control, and Ordinance 

No. 16782 of the County of Allegheny. adopted by the Allegheny Coumy Board of Health on 

May 2, 20 12, e nacted by the Alleghe ny County Council on May 22, 2013 (Ord inance 15-13-

0R), approved by the Allegheny County Chief Executive on May 29, 2013, and effective June 8, 

2013, as a revision to the County's Po1tion of the Pen.nsylvania State Implementation Plan for the 

Auainment and Maintenance of the National Ambient Air Quality Standards, were duly and 

properl y e nacted as prescribed by the Local Hea lth Administration Law and the Second Ctiass 

County Charter Law, and as such, are fu lly and legally enforceable by the Allegheny County 

Health Departme nt and the County of Allegheny as provided for by the within authority. 

er 

Assistant Sol ic iror 

Allegheny County Health Departme-nt 

COMMONWEALTH OF PENNSYLVANIA) 

COUNTY OF ALLEGHENY ) s.s. 

On theAuay of~ 20 13, 

Michae l A. Parker Versol?auy appeared before me, the undersigned authority, satisfactorily 

proven to me to be the person whose name appears above, and d id in my presence execute the 

above certification for the purposes contained therein. 

WHEREFORE, I have hereunto set my hand and offic ia l seal the P- day o~, 2013. 

9-&A&~Ln./ NOTARY PUBLIC 

NOTARIAl SEAL 

JANET M NORKUS 

Notary Public 

PITTSBURGH CITY. ALLEGHENY COUNTY 

My Commission EJI)Ires May 29. 2015