GOVERNING BOARD

Hub Walsh, Chair

Supervisor, Merced County

Tom Wheeler, Vice Chair

Supervisor, Madera County

Oliver L. Baines III

Councilmember, City of Fresno

Tony Barba

Supervisor, Kings County

Skip Barwick 

Councilmember, City of Tulare 

Sally J. Bomprezzi

Councilmember, City of Madera

Dennis Brazil

Mayor, City of 

John Capitman, Ph.D.

Appointed by Governor

Judith G. Case McNairy

Supervisor, Fresno County 

David Couch

Supervisor, Kern County 

Bob Elliott

Supervisor, San Joaquin County

Harold Hanson

Councilmember, City of Bakersfield

William O’Brien

Supervisor, Stanislaus County

Alexander C. Sherriffs, M.D.

Appointed by Governor

J. Steven Worthley

Supervisor, Tulare County

Seyed Sadredin

Executive Director

Air Pollution Control Officer

Northern Region Office

4800 Enterprise Way 

Modesto, CA 95356-8718

(209) 557-6400 • FAX (209) 557-6475

Central Region Office

1990 East Gettysburg Avenue

Fresno, CA 93726-0244

(559) 230-6000 • FAX (559) 230-6061

Southern Region Office

34946 Flyover Court

Bakersfield, CA 93308-9725

(661) 392-5500 • FAX (661) 392-5585

www.valleyair.org

DATE: September 18, 2014

TO: SJVUAPCD Governing Board

FROM: Seyed Sadredin, Executive Director/APCO

Project Coordinator: Sheraz Gill 

RE: ITEM NUMBER 7: ADOPT PROPOSED 

AMENDMENTS TO THE DISTRICT’S RESIDENTIAL 

WOOD BURNING PROGRAM

RECOMMENDATION:

1. Adopt proposed amendments to Rule 4901 (Wood Burning 

Fireplaces and Wood Burning Heaters). 

2. Adopt proposed amendments to the District Burn Cleaner 

Program to offer additional financial incentives to Valley 

residents for the purchase of cleaner devices, including: 

a. Increase per-unit incentive amounts from current 

amounts ($100-$500) to a maximum of $1,500 with an 

additional $500 for installation of gas-fired units;

b. Increase per-unit incentive amounts for low-income 

qualified applicants from up to $1,500 to up to $2,500 

with an additional up to $500 for installation of gas-fired 

units;

c. Expand low-income provisions to include property owners 

who rent to low-income qualified tenants; and 

d. Work with retailers to allow qualified low-income 

applicants to purchase devices through the Burn Cleaner 

program without requiring up-front payment. 

3. Adopt proposed new Rule 3901 (Fees for Registration of Wood 

Burning Heaters). 

4. Authorize the Chair to sign the attached Resolution. 
SJVUAPCD Governing Board

ITEM NUMBER 7: ADOPT PROPOSED AMENDMENTS TO THE DISTRICT’S RESIDENTIAL WOOD 

BURNING PROGRAM

September 18, 2014

BACKGROUND:

On December 20, 2012, your Board adopted the District’s 2012 PM2.5 Plan which laid 

out a host of strategies aimed at attaining the 2006 federal ambient air quality standard 

for PM2.5. One of the measures contained in the plan was amendments to District Rule 

4901 (Wood Burning Fireplaces and Wood Burning Heaters). Your Board directed the 

staff to develop the necessary amendments for implementation in the winter of 2014-15. 

The Governing Board directed the staff to craft amendments that lower the threshold for 

daily residential wood burning prohibitions during winter seasons while increasing the 

number of permissible burn days for Valley residents that have invested in cleaner wood 

burning devices. The District staff was also directed to investigate the feasibility of 

enhanced financial incentives to encourage Valley residents to upgrade to cleaner 

devices. Today’s recommendations were developed through an extensive public 

process including multiple workshops, public meetings, and consultations with various 

stakeholders including representatives from the hearth industry. 

DISCUSSION:

Due to the Valley’s geography, topography, and meteorology, the challenges that we 

face in meeting the federal health-based ambient air quality standards are unmatched 

by any other region in the nation. In response to these federal mandates and to 

improve quality of life for Valley residents, the District has developed and implemented 

multiple generations of rules on various sources of air pollution. Since 1992, the District 

has adopted over 500 rules, requiring the installation and operation of the most effective 

air pollution control technologies and processes. Valley businesses are currently 

subject to the most stringent air quality regulations in the nation. Despite significant 

progress in improving the Valley’s air quality, more reductions in emissions are needed 

to attain the ever toughening federal standards. The District’s attainment plans contain 

a comprehensive set of local and state measures to reduce air pollution from stationary 

and mobile sources throughout the Valley. However, attaining the 2006 federal PM2.5 

standard is impossible without significant further reductions in wood smoke emissions. 

Further reducing residential wood smoke emissions is also a high priority under the 

District’s Health Risk Reduction Strategy given the significant localized health impacts 

associated with residential wood smoke. Scientific studies show that prolonged 

inhalation of wood smoke contributes to lung disease, pulmonary arterial hypertension, 

and pulmonary heart disease, which can eventually lead to heart failure. The proposed 

rule is designed to improve public health by reducing toxic wood smoke emissions in 

Valley neighborhoods during the peak PM2.5 winter season (November through 

February). 

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SJVUAPCD Governing Board

ITEM NUMBER 7: ADOPT PROPOSED AMENDMENTS TO THE DISTRICT’S RESIDENTIAL WOOD 

BURNING PROGRAM

September 18, 2014

Summary of the Proposed Wood Burning Curtailment Strategy 

The proposed amendments to the residential wood burning program will enable Valley 

residents to play a major role in reducing emissions at almost no cost, and, in many 

cases, with savings in heating-related energy costs. The District will encourage the 

transition to less polluting wood burning heaters by decreasing the number of allowable 

burn days for high polluting wood burning heaters and fireplaces while at the same time 

increasing the number of burn days allowed for registered clean wood burning heaters 

through a tiered episodic wood burning curtailment program. The proposed 

amendments to Rule 4901 will lower the No Burn threshold for high polluting wood 

burning heaters and fireplaces from the current limit of 30 μg/m3 to 20 μg/m3. The 

proposed amendments will significantly increase the number of permissible burn days 

for cleaner certified wood burning devices by raising the No Burn threshold to 65 μg/m3

. 

If approved, the proposed amendments will double the number of No Burn days for high 

polluting units that are the source of over 95% of the wintertime residential wood smoke 

emissions. By contrast, under the proposed rule, clean certified units will be subject to 

minimal number of No Burn days ranging from zero to six days depending on the 

location in the Valley during the winter season. 

Figure 1 Current and Proposed Curtailment Thresholds 

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SJVUAPCD Governing Board

ITEM NUMBER 7: ADOPT PROPOSED AMENDMENTS TO THE DISTRICT’S RESIDENTIAL WOOD 

BURNING PROGRAM

September 18, 2014

Additionally, the proposed enhancements to the District’s Burn Cleaner Program will 

provide additional financial incentives to Valley residents for the purchase of cleaner 

devices. The proposed regulatory and financial incentives which encourage the 

purchase of cleaner units will result in significant additional emission reductions 

throughout the season even on permissive burn days. Overall, the proposed wood 

burning strategy is expected to reduce over 5.1 tons per day of PM2.5 valley-wide 

during the winter season. 

Table 1 below provides the potential number of wood burning prohibitions that will occur 

in each county at the proposed curtailment thresholds. These estimates are based on 

the District’s wood burning forecasts as averaged over the last five wood burning 

seasons. 

Table 1 Potential Change in No Burn Days Based on Proposed Amendments

County

Current

Average No 

Burn Days

(≥30 μg/m3)

Proposed 

Level 1

(20 – 65 

μg/m3)

Proposed 

Level 2

(above 

65 μg/m3)

TOTAL

No Burn Days for 

Non-Registered 

units

(L1 + L2)

San Joaquin 24 53 0 53

Stanislaus 36 70 2 72

Merced 19 55 0 55

Madera 29 66 1 67

Fresno 49 79 6 85

Kings 39 64 6 70

Tulare 36 65 4 69

Kern 44 73 6 79

Registration Program for Wood Burning Heaters

The approach under the proposed rule that will allow clean units to burn on days when 

burning is prohibited for conventional units will be nearly impossible to enforce without a 

mechanism to readily identify and verify qualifying devices. To provide the District with 

an enforceable mechanism for allowing certified devices to burn during a level one 

curtailment (greater than 20 μg/m3 but less than 65 μg/m3), the District proposes a 

registration program for these cleaner burning devices. Without preregistering 

qualifying devices the District would be forced to resort to more intrusive enforcement 

techniques which would involve routine access to private property. The preregistration 

will also enhance enforcement capabilities by allowing the District to better focus 

resources. Registration will also ensure that the equipment is maintained in proper 

working condition and provides the expected reduction in emissions. 

Registration would be voluntary and will only be necessary if the owner of a certified unit 

wishes to take advantage of the additional burn days provided under the proposed rule. 

Under the proposed approach, registrations would be valid for three wood burning 

seasons and registered devices would be required to operate with no visible smoke 

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SJVUAPCD Governing Board

ITEM NUMBER 7: ADOPT PROPOSED AMENDMENTS TO THE DISTRICT’S RESIDENTIAL WOOD 

BURNING PROGRAM

September 18, 2014

under normal operating conditions, be maintained properly, and refrain from burning 

prohibited materials. Wood burning devices found to be in violation of Rule 4901 

requirements by the District may be disqualified. 

Registration Program for Wood Burning Heater Professionals

Proposed rule requirements will require a registered wood burning heater to be 

inspected by a Wood Burning Heater Professional to verify that the wood burning heater 

is in good operating condition, including ensuring that the device has been cleaned, 

maintained, and operated in accordance with manufacturer specifications. To ensure 

qualified individuals are performing these inspections and verifications, the District 

proposes a registration program for Wood Burning Heater Professionals. The District 

will maintain a list of these registered individuals on the District’s website for the public 

to access. 

Free Interim Registration during 2014-15 Winter Season

If adopted in September the rule will take effect in November leaving a short amount of 

time for the public to accommodate significant changes to the rule. To provide for a 

smooth transition, the District proposes a simplified registration process at no charge to 

the public for the first year. The interim registration process will rely on self-certification 

by interested applicants and interim registrations will expire at the end of this first wood 

burning season on February 28, 2015. The District is committed to educating the public 

on how the tiered episodic wood burning curtailment program works and how to comply 

with it, as well as how to register clean wood burning heaters in order to encourage 

upgrading to cleaner devices through the additional burn days afforded them through 

the tiered program. 

Clarifications to Existing Rule Requirements 

Proposed amendments will simplify rule language and clarify existing requirements 

through the removal of redundant and expired language in the rule. Additionally, in 

response to EPA’s proposed amendments to the Code of Federal Regulations Part 60, 

Subpart AAA, the District is updating all references of “EPA Phase II Certified” to clarify 

as “Phase II certified or the most stringent EPA certification as enforced by the NSPS”. 

New definitions will be added to rule language to clarify existing standards or in support 

of proposed standards. Proposed new definitions include: Normal Operating 

Conditions, NSPS, and Wood Burning Season. 

The exemptions section of the rule will be amended to add new exemption 4.3 to clarify 

that open burning is regulated by District’s Rule 4103, and as such are not subject to 

Rule 4901 rule requirements. 

Proposed amendments to Section 5.1 (Sale or Transfer of Wood Burning Heaters) will

clarify that the section is applicable to the sale and the transfer of new wood burning 

heaters, and is not strictly limited to the sale of such heaters. Proposed amendments 

also clarify that the certification of wood burning heaters is pursuant to the NSPS to 

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SJVUAPCD Governing Board

ITEM NUMBER 7: ADOPT PROPOSED AMENDMENTS TO THE DISTRICT’S RESIDENTIAL WOOD 

BURNING PROGRAM

September 18, 2014

ensure that the most recent and stringent requirements in the NSPS are being 

implemented for these new wood burning heaters. 

Proposed amendments to Section 5.3 (Limitations on Wood Burning Fireplaces or 

Wood Burning Heaters in New Residential Developments) will clarify existing 

requirements in the rule. These amendments will be effective as of January 1, 2015, 

consistent with the time frame provided in the 2003 amendments to Rule 4901 which 

first introduced these requirements to the rule.

Proposed amendments will clarify that the prohibited fuels are not only not allowed in 

indoor wood burning heaters but also in the outdoor wood burning devices (Section 5.5) 

and will add a clarification that butane is not considered natural gas (Section 5.6.3), and 

clarifications will be added to clarify that the most recent ASTM shall be used to test the 

moisture content of wood to verify it is seasoned wood (Section 7.1). 

Residential Wood Burning Emissions in the Valley

Residential wood burning is a significant contributor to Valley PM2.5 emissions during 

the winter season. Based on data from the Metropolitan Planning Organizations, the 

U.S. Census, and survey results, the District estimates that there are over 240,000 

residences in the Valley contributing 13% of total winter-time PM2.5 emissions (see 

Figure 2). 

Figure 2 Wintertime Valley Source Contributions to the PM2.5 Emission Inventory 

AGRICULTURAL 

WASTE BURNING 

& FOREST MGMT

11%

FIREPLACES & 

WOOD STOVES

13%

COOKING 

INCLUDING 

CHARBROILING

6%

FARMING 

OPERATIONS

17%

HEAVY DUTY 

DIESEL TRUCKS

6%

OTHER MOBILE 

SOURCES

10%

FUGITIVE 

WINDBLOWN 

DUST

7%

ROAD DUST

13%

OTHER SOURCES

17%

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SJVUAPCD Governing Board

ITEM NUMBER 7: ADOPT PROPOSED AMENDMENTS TO THE DISTRICT’S RESIDENTIAL WOOD 

BURNING PROGRAM

September 18, 2014

During peak winter days, organic carbon contributes up to 33% of the composition of 

PM2.5 emissions in the Valley, the vast majority of which is from residential wood 

burning, as can be seen in Figure 3 below. 

Figure 3 Wintertime Peak Day PM2.5 Emission Speciation (Fresno) 

According to EPA, of the wood stoves in use today, 75% are not EPA certified. 

Because these devices produce so much more pollution than EPA certified wood 

stoves, these older wood burning heaters and fireplaces represent 95% of the overall 

emissions from residential wood burning. An EPA certified wood burning heater is at 

least 20 times cleaner than a wood burning fireplace, as demonstrated in the figure 

below. This tremendous difference in emissions between these units highlights the 

importance of replacing existing high polluting devices with cleaner burning alternatives. 

ELEMENTS

2%

GEOLOGICAL

1%

ELEMENTAL 

CARBON 

7%

ORGANIC 

CARBON

33%

AMMONIUM 

SULFATE

6%

AMMONIUM 

NITRATE

51%

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SJVUAPCD Governing Board

ITEM NUMBER 7: ADOPT PROPOSED AMENDMENTS TO THE DISTRICT’S RESIDENTIAL WOOD 

BURNING PROGRAM

September 18, 2014

Figure 4 Average PM2.5 Emissions Based on Wood Burning Heater Type

Emission Reductions from Proposed Amendments

The total emission reductions achieved from the proposed amendments to Rule 4901 is 

calculated to be 5.1 tons per wood burning season day which includes:

• 3.33 tons of reductions from simply lowering the threshold from 30 μg/m3 to 20

μg/m3

, 

• 0.065 tons/day increase in emissions if all existing clean certified units registered

and burned on days when PM2.5 concentrations are projected to be between 30

μg/m3 to 65 μg/m3, 

• 0.22 tons/day increase in emissions if 24% of existing higher polluting devices 

transition to clean certified units and all registered and burned on days when 

PM2.5 concentrations are projected to be between 20 μg/m3 to 65 μg/m3, and

• 2.04 tons/day of reductions from the transition of older dirtier wood burning 

heaters and wood burning fireplaces to cleaner certified devices.

Wood Smoke Reductions Critical to Attaining the PM2.5 Standard

Based on the modeling conducted for the 2012 PM2.5 Plan, reaching attainment 

requires reductions of 68.6 tons per day of NOx, 4.3 tons per day of PM2.5, and 1.8 

tons per day of SOx. These numbers reflect the average daily reductions needed 

based on a 180 day winter season (November through April). The bulk of these 

reductions will come from a multitude of measures targeted at mobile and stationary 

sources of pollution throughout the Valley. However, modeling indicates that attainment 

is not possible without the reductions in directly-emitted PM2.5 emissions from 

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SJVUAPCD Governing Board

ITEM NUMBER 7: ADOPT PROPOSED AMENDMENTS TO THE DISTRICT’S RESIDENTIAL WOOD 

BURNING PROGRAM

September 18, 2014

residential wood burning. The projected 5.1 tons per day reductions from the proposed 

rule represents the average reductions during the 120-day wood burning season 

(November through February).

Health Impacts of Wood Smoke Particulate Matter Emissions

Reducing emissions from residential wood burning is a priority under the District’s 

Health Risk Reduction Strategy because multiple scientific studies show that prolonged 

inhalation of wood smoke has adverse impacts on human health. Inhalation of wood 

smoke contributes to lung disease, pulmonary arterial hypertension, and pulmonary 

heart disease, which can eventually lead to heart failure. Wood smoke has also been 

linked to oxidative stress and blood coagulation and can ultimately lead to cancer. 

Children with the highest exposure to wood smoke show a significant decrease in lung 

function. 

Health benefits from reducing emissions from residential wood burning are related to 

the high level of population exposure to urban residential wood burning emissions with 

relation to other stationary sources. People can be exposed to wood smoke when they 

use their wood burning devices. Additionally, people can be exposed to wood smoke 

when people in their neighborhoods use their wood burning devices because windows 

and doors cannot keep the particles in wood smoke out of people's homes. A Central 

Valley Health Policy Institute Study found that wood burning curtailments on high 

pollution days reduced annual exposure by 13.6% in Fresno, and an estimated 12.9% in 

Bakersfield resulting in 30 to 70 avoided cases of annual premature deaths. 

Proposed Rule Amendments Guided by Scientific Public Survey 

In January 2014, the District hired a third party company to perform a telephone survey 

of Valley residents. One of the primary goals of this study was to learn more about 

residential wood burning habits and attitudes. Survey results support the 

implementation of a tiered episodic wood burning curtailment program and increasing 

incentive amounts for the Burn Cleaner Program. Some of the results of the survey are 

summarized below an in Figure 5. Refer to Appendix E of the final draft staff report for 

the complete survey: 

• 32% of those surveyed reported having a wood burning device in their residence 

• 80% of people surveyed are aware of the Check Before You Burn program

o 78% of whom have reduced wood burning activities as a direct result of 

this program 

• 29% of survey respondents stated that they would upgrade their existing wood 

burning device to a clean alternative if doing so meant that they could use their 

device more days then they currently can 

• 24% of respondents said they would upgrade their existing wood burning device 

to a clean alternative if they were given up to a 50% discount on a new unit. 

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SJVUAPCD Governing Board

ITEM NUMBER 7: ADOPT PROPOSED AMENDMENTS TO THE DISTRICT’S RESIDENTIAL WOOD 

BURNING PROGRAM

September 18, 2014

Figure 5 Percentage of Wood Burning Devices in the Valley (Survey Results) 

Summary of Proposed Amendments to Burn Cleaner Incentive Program 

The District’s Burn Cleaner Wood Stove Change-out Program (Burn Cleaner Program) 

plays a key role in the success of the transition from older more polluting wood burning 

heaters and fireplaces to cleaner wood burning heaters. Since 2006, the Burn Cleaner 

Program has been helping residents overcome some of the financial obstacles in 

purchasing cleaner alternatives. The District continues to take proactive steps to 

enhance the Burn Cleaner Program and as such proposes the following changes to the 

District’s current Burn Cleaner Program as a complementary strategy to the proposed 

regulatory amendments: 

Increased Incentive Amounts

The results of the scientific survey indicated that 24% of Valley residents with wood 

burning heaters would transition to cleaner burning heaters if they were provided a 

discount of up to 50% off the total cost of the heater.1 In light of this new information, 

the District is proposing to increase the current incentive amounts to about half of the 

total cost of entry level heaters. The dollar amounts are based on information gathered 

from local hearth retailers and the District’s database of funded Burn Cleaner Program 

projects. 

The increase in incentive funding amounts will encourage more residential property 

owners to replace their existing heaters with cleaner burning heaters sooner in 

conjunction with the upcoming proposed Rule 4901 amendments by making the 

1 Gomez Research. Residential Wood Burning, Lawn Care, and Commuting Survey Final Report. February 2014. 

Retrieved from http://www.valleyair.org/Board_meetings/GB/agenda_minutes/Agenda/2014/march/final/09.pdf. 

WOOD 

BURNING 

FIREPLACE

25%

WOOD STOVE

4%

PELLET STOVE

3%

NO WOOD 

BURNING 

DEVICE

68%

10

 
SJVUAPCD Governing Board

ITEM NUMBER 7: ADOPT PROPOSED AMENDMENTS TO THE DISTRICT’S RESIDENTIAL WOOD 

BURNING PROGRAM

September 18, 2014

replacement costs more feasible. More importantly, the proposed funding amount for 

low-income qualified applicants will help them pay for a majority of the costs of a 

replacement, as many are unable to afford these expensive new heaters. The 

proposed funding amounts are summarized in Table 2 below.

Table 2 Proposed Amendments to Burn Cleaner Program Incentive Amounts 

New Heater Current 

Funding

Proposed 

Funding

Gas Insert/Stove/Fireplace* $500 $1,500

- Additional Incentive for Installation of Gas 

Infrastructure* Not Available $500**

EPA Certified Pellet Insert/Stove $250 $1,500

EPA Certified Wood Insert/Stove $100 $1,500

Low-Income Qualified Applicants $1,500 $2,500

- Additional Incentive for Installation of Gas 

Infrastructure* Not Available $500**

*Gas fireplaces must be certified as heater-rated (ANSI Z21.88/CSA 2.33)

**Applies only to eligible installation costs beyond the proposed funding amount 

for the new gas heater.

Additional Assistance for Low-Income Residents

As a part of the District’s ongoing efforts to encourage more low-income qualified 

applicants to participate in the Burn Cleaner Program, the District sought feedback and 

suggestions from the Environmental Justice Advisory Group (EJAG), the Citizen’s 

Advisory Committee (CAC), the public at public workshops, and the Ad Hoc Technical 

Workgroup Committee on how to make the program more accessible. The District is 

proposing to make several enhancements to the existing Burn Cleaner Program, 

including: 

• Increased per-unit incentive amounts for low-income qualified applicants from 

$1,500 to $2,500 with an additional $500 for the installation of natural gas 

infrastructure,

• Reducing the upfront cost of purchasing and installing a new unit for low-income 

applicants. The District has partnered with contracted hearth retailers to allow 

low-income qualified applicants to make the purchase at a reduced price by 

deducting the incentive amount from the invoice at the time of purchase. 

Allowing the incentive funding to be directly applied to the cost of the unit makes 

it more feasible for low-income applicants to take advantage of the program, and

• Expanding low-income provisions to include property owners who rent to lowincome qualified tenants;

Check Before You Burn Campaign Outreach and Education 

The success of implementing the proposed amendments to the residential wood 

burning program will hinge on the expansion of the District’s comprehensive multilingual Check Before You Burn outreach and education program. The District has an 

11
SJVUAPCD Governing Board

ITEM NUMBER 7: ADOPT PROPOSED AMENDMENTS TO THE DISTRICT’S RESIDENTIAL WOOD 

BURNING PROGRAM

September 18, 2014

extremely successful outreach and education program with regards to residential wood 

burning and educating Valley residents about air quality, the effects of air pollution on 

the populations’ health, and on options they can take to reduce emissions. The 

District’s Check Before You Burn program is the District’s public education program 

most recognized by Valley residents. In both the District’s 2010 and 2014 public opinion 

surveys, over 80 percent of Valley residents indicated that they were familiar with the 

program.

The PM2.5 air quality improvements that the Valley has experienced since adoption of 

Rule 4901 have been assisted by strong multimedia outreach by the District and the 

resultant increase in public awareness and participation in winter District programs. 

Since the inception of Check Before You Burn, the District’s complementary tools, such 

as the Real-time Air Advisory Network (RAAN) and the “Valley Air” smart phone app, 

have continued to gain in popularity. 

The District’s seasonal public outreach advertising campaign is retooled each year to 

include timely and relevant messaging. In the past few seasons, this messaging has 

been delivered by the District’s Governing Board members, with billboards in English 

and Spanish strategically placed throughout the Valley in older neighborhoods where 

open hearth fireplaces and older devices are most likely to be, targeted radio and TV 

spots, and value-added messaging delivered through media throughout the Valley. 

The key message of this outreach is to ask residents to call the District’s 1-800 number, 

check the website, check their local news outlet, check their smart phone or visit social 

media to assess their county’s burn status. The District maintains partnerships with 

television, newspaper, radio, outdoor and print, as well as more non-traditional media, 

such as on-screen messaging in local movie theaters, internet advertising and video 

loops in medical offices. 

Looking forward, the Check Before You Burn outreach messaging will expand to focus 

on three areas:

• Educating the public and the media about the new tiered episodic wood burning 

curtailment program, 

• Encouraging residents to upgrade to cleaner certified devices and take 

advantage of the enhanced Burn Cleaner Program, and 

• Educating Valley residents regarding the severe health impacts associated with 

wood smoke.

Continued emphasis will be placed on reaching those communities that might be heavily 

impacted by neighborhood smoke from older devices and open hearth fireplaces. The 

District is prepared to work with retail partners, media partners and non-profit 

stakeholders to launch these new outreach and education efforts immediately after the 

adoption of proposed amendments.

12
SJVUAPCD Governing Board

ITEM NUMBER 7: ADOPT PROPOSED AMENDMENTS TO THE DISTRICT’S RESIDENTIAL WOOD 

BURNING PROGRAM

September 18, 2014

Summary of Proposed New Rule 3901

Proposed new Rule 3901 (Fees for Registration of Wood Burning Heaters) will create 

the fee structure for the registration of wood burning heaters with the District pursuant to 

Rule 4901. The registration fee and registration renewal fee will be established at 

$12.50. In order to ensure a smooth transition for registered devices, there will be no 

fee for this coming season (2014-15 wood burning season) and the registration process 

will be truncated by eliminating third party verification. 

Public Process for Developing Proposed Amendments

The District has conducted a robust public process for developing the proposed 

amendments to Rule 4901 and the Check Before You Burn program. The public has 

been actively participating and providing feedback and comments on potential 

amendments to Rule 4901 since the beginning of the development of the District’s 2012 

PM2.5 Plan, through subsequent public workshops and meetings, and through a 

scientific public opinion survey of Valley residents. 

2012 PM2.5 Plan Development 

The District hosted a series of public workshops and updates at public meetings such 

as the Governing Board meetings, Citizen Advisory Committee meetings, and 

Environmental Justice Advisory Group meetings throughout the plan development 

process. Potential opportunities to reduce emissions were discussed at these 

meetings, including potential emission reductions opportunities from Rule 4901. Public 

comments specific to Rule 4901 were received throughout the plan development 

process and incorporated into the plan as appropriate. 

Technical Workgroup Committee meetings

In preparation for amendments to the District’s Residential Wood Burning Program, the 

District formed an Ad Hoc Technical Workgroup Committee consisting of District staff, 

retailers of residential wood burning heaters, and representatives of the Hearth, Patio & 

Barbeque Association. The technical workgroup committee met monthly for five months 

during the summer of 2013 to discuss concepts related to potential rule amendments, 

implementation issues, outreach considerations, and enhancements to the Burn 

Cleaner Program. The expertise and suggestions from the Ad Hoc Technical 

Workgroup Committee were invaluable in helping the District to craft the proposed 

innovative amendments to the District’s Residential Wood Burning Program. 

Public Opinion Survey of Valley Residents

In September 2013 the District hired a third party company to develop and administer a 

bilingual user survey of residential wood combustion, lawn care and personal 

commuting activity in the Valley. In January 2014 the telephone survey of 1,000 

random Valley residents took place, the final draft report was drafted in February 2014 

and presented to the District’s Governing Board in March 2014. Information gained 

from this survey has been incorporated into the proposed amendments to the 

Residential Wood Burning Program. 

13
SJVUAPCD Governing Board

ITEM NUMBER 7: ADOPT PROPOSED AMENDMENTS TO THE DISTRICT’S RESIDENTIAL WOOD 

BURNING PROGRAM

September 18, 2014

Public Workshops and Meetings

The District held two public workshops in the evening hours at all three District offices. 

On the evening of March 27, 2014 the District presented conceptual information and 

plan commitments, new NSPS regulations, potential methods of public outreach, and 

potential incentive program enhancements. On the evening of July 31, 2014, the 

District presented draft amendments to Rule 4901 and draft new Rule 3901. Each 

workshop was followed by a two-week public comment period. Comments received 

were evaluated and incorporated into the rules and staff report as appropriate. Refer to 

Appendix A (Comments and Responses) for a summary of significant comments and 

District responses. In addition to the workshops, the District provided regular updates 

on the development of Rule 4901 at public meetings of the District’s Citizen’s Advisory 

Committee and Environmental Justice Advisory Group. 

Public Hearing for Rules 4901 and 3901

In accordance with CH&SC Section 40725, the proposed amendments to Rule 4901 

and proposed new Rule 3901 and the Final Draft Staff Report were publicly noticed 

prior to the Governing Board public hearing to consider adoption of the proposed 

amendments and proposed new rule. The proposed amendments to Rule 4901, 

proposed new Rule 3901, the Final Draft Staff Report, and other supporting documents 

were made available for public comment on August 19, 2014. Summaries of comments 

received prior to 5:00 PM on September 2, 2014 with District responses are in Appendix 

A of the final draft staff report. The public is also invited to provide comments during the

public hearing for proposed adoption of this rule. 

Public Comments and Responses 

The comments and questions received during workshops and associated written

comment periods have been integral to development of this rule. The key issues raised 

during development of this rule are summarized below:

Comment: The District should focus on regulating businesses, the agricultural 

community, and mobile sources instead of Valley residents. 

Response: Since 1992, the District has adopted over 500 rules, requiring the 

installation and operation of the most effective air pollution control technologies and 

processes. Valley businesses, including agricultural sources are currently subject to the 

most stringent air quality regulations in the nation and have already achieved significant 

emissions reductions (over 80%) that the Valley is at the point of diminishing returns 

from new regulatory controls on businesses, and new opportunities for more stringent 

regulatory controls continue to become increasingly scarce. Achieving additional 

emission reductions from businesses beyond those already achieved will require 

significant investments on the part of Valley businesses who have already spent billions 

of dollars in control technology. Despite significant progress in improving the Valley’s 

air quality, more reductions in emissions are needed from all source categories to attain 

the ever toughening federal standards. Therefore, attaining the 2006 federal PM2.5 

standard is impossible without significant further reductions in wood smoke emissions. 

14
SJVUAPCD Governing Board

ITEM NUMBER 7: ADOPT PROPOSED AMENDMENTS TO THE DISTRICT’S RESIDENTIAL WOOD 

BURNING PROGRAM

September 18, 2014

Further reducing residential wood smoke emissions is also a high priority under the 

District’s Health Risk Reduction Strategy given the significant localized health impacts 

associated with residential wood smoke. Scientific studies show that prolonged 

inhalation of wood smoke contributes to lung disease, pulmonary arterial hypertension, 

and pulmonary heart disease, which can eventually lead to heart failure. The proposed 

rule is designed to improve public health by reducing toxic wood smoke emissions in 

Valley neighborhoods during the peak PM2.5 winter season (November through 

February). 

Comment: Amending the curtailment threshold for all wood burning devices in the 

Valley from 30 to 65 μg/m3 is a relaxation of the rule and the draft curtailment threshold 

should be no higher than 30 μg/m3

. 

Response: On the contrary, the proposed amendments will make this rule the most 

stringent wood burning curtailment rule in the nation. The District is proposing to lower 

the curtailment threshold to 20 μg/m3 for older more polluting wood burning heaters and 

wood burning fireplaces, which comprise over 95% of wood burning emissions. In 

addition, the operation of non-registered clean devices will also be restricted at the 20 

μg/m3 threshold. This proposed curtailment level is significantly lower than the current 

curtailment threshold of 30 μg/m3. Amending the rule to allow the cleanest wood 

burning heaters to be used between 20 and 65 μg/m3 would provide significant 

motivation to Valley residents for transitioning away from older higher polluting devices 

to the cleanest wood burning heaters. A registered wood burning heater pollutes at 

least twenty times less than a wood burning fireplace; therefore, encouraging this 

transition would reduce emissions beyond those that could be accomplished by only 

reducing the curtailment threshold to 20 μg/m3. The proposed amendments will achieve 

an estimated reduction of 5.1 tons per day of PM2.5 emissions.

Comment: The Duraflame Company provided a comment that the proposed revision of 

lowering the concentration threshold to 20 μg/m3 dramatically increases the number of 

No Burn days and tilts the burden of reducing PM2.5 emissions far beyond the 

contribution that occasional residential wood burning makes to PM2.5 emissions in the 

Valley. Additionally, they suggested that the high PM2.5 concentrations experienced in 

the winter of 2013-14 indicate the need for controlling other sources of air pollution that 

were allegedly responsible for such increases. 

Response: Valley Businesses are already subject to toughest air regulations in the 

nation. The District’s attainment plans call for significant reductions in emissions from 

mobile and stationary sources throughout the Valley. With regards to directly emitted 

PM2.5 emissions, residential wood burning is the largest source in the Valley during the 

winter months, as supported by Appendix B (Emissions Inventory) of the District’s 2012 

PM2.5 Plan.2

 During the 2013-14 winter season, the Valley experienced 

unprecedented stagnation and extreme weather conditions with century old drought

records being broken in many of the cities in California. These unique conditions 

2 SJVUAPCD. 2012 PM2.5 Plan. Appendix B (Emissions Inventory). December 2012. Retrieved on 8/15/14 from 

http://www.valleyair.org/Air_Quality_Plans/PM25Plans2012.htm. 

15

 
SJVUAPCD Governing Board

ITEM NUMBER 7: ADOPT PROPOSED AMENDMENTS TO THE DISTRICT’S RESIDENTIAL WOOD 

BURNING PROGRAM

September 18, 2014

resulted in abnormally high PM2.5 concentrations during the 2013-14 winter season and 

the Valley’s PM2.5 concentrations would have been even higher absent the wood 

burning restrictions. The District and the California Air Resources Board also conducted 

extensive grid based and photochemical modeling during the development of the 2012 

PM2.5 Plan and determined that significant PM2.5 reductions were achieved through 

the implementation of the Districts PM2.5 control strategy which includes the wood 

burning heater and wood burning fireplace rule. Reducing directly emitted PM2.5 

emissions will have a greater benefit on Valley air and public health than reducing 

precursor emissions to PM2.5 as supported by California Air Resources Board modeling 

summarized in Chapter 4 (Scientific Foundation and PM2.5 Modeling Results) of the 

2012 PM2.5 Plan.

3

 Nonetheless, given the ever tightening federal health standards, the 

District is mandated to pursue all available measures to reduce direct and indirect 

sources of particulate emissions.

In addition, prolonged inhalation of wood smoke has adverse impacts on human health. 

Inhalation of wood smoke contributes to lung disease, pulmonary arterial hypertension, 

and pulmonary heart disease, which can eventually lead to heart failure. Wood smoke

has also been linked to oxidative stress and blood coagulation and can ultimately lead 

to cancer. Children with the highest exposure to wood smoke show a significant 

decrease in lung function. 

Health benefits from reducing emissions from residential wood burning are related to 

the high level of population exposure to urban residential wood burning emissions with 

relation to other stationary sources. A Central Valley Health Policy Institute Study found 

that wood burning curtailments on high pollution days reduced annual exposure by 

13.6% in Fresno, and an estimated 12.9% in Bakersfield resulting in 30 to 70 avoided 

cases of annual premature deaths. 

Comment: Duraflame suggested that their logs should be given the same preferential 

treatment as clean certified devices under the proposed rule, claiming that their 

manufactured logs emit 80% less air pollution. 

Response: Duraflame claims a manufactured log “produces 80 percent fewer fineparticle emissions than a wood fire of a similar duration”. This is correct, however, 

Duraflame’s own information indicates that the heat generated by their product is only 

25% of the heat generated from the same amount of Douglas Fir wood for a fire of the 

same duration. Therefore, for the same amount of heat generated, there will be no 

reductions in emissions. 

The following table further demonstrates that the emissions are higher from a Duraflame 

log vs a Douglas Fir Cordwood log of the same weight:

3 SJVUAPCD. 2012 PM2.5 Plan. Chapter 4 (Scientific Foundation and PM2.5 Modeling Results), page 4-24. 

December 2012 Retrieved on 8/15/14 from http://www.valleyair.org/Workshops/postings/2012/12-20-

12PM25/FinalVersion/04%20Chapter%204%20Sci%20Foundation%20and%20Modeling.pdf. 

16

 
SJVUAPCD Governing Board

ITEM NUMBER 7: ADOPT PROPOSED AMENDMENTS TO THE DISTRICT’S RESIDENTIAL WOOD 

BURNING PROGRAM

September 18, 2014

Table 3 General Air Emission Factors4

In addition, the comparison to certified wood stoves which produce even more useful 

heat than open hearth fireplaces is even more dramatic. Duraflame logs also contain 

other chemicals in the wax that lead to generation of other emissions including toxics.

Comment: Proposed rule is not as stringent as wood burning curtailment rules in other 

air districts. 

Response: Proposed amendments to Rule 4901 as a whole are far more stringent 

then analogous rules in other air districts in California. No reductions in emissions will 

be achieved if the District adopted the curtailment thresholds in place in any of the other 

air districts in California. With the District being at the forefront of wood burning 

curtailment regulations since 2003, other air districts rules either copied the District’s 

existing rule or are less stringent. The proposed amendments will result in 5.1 tons per 

day of reductions in PM2.5 emissions. Matching the curtailment threshold in other air 

districts’ rules will not result in any reductions in emissions and in fact may result in an 

increase in emissions. 

As discussed above, the District is going far above any of the other districts and is 

proposing to lower the No Burn curtailment to 20 μg/m3

, which is 10 μg/m3 lower than 

any of the other districts and by itself will result in significant emission reductions since 

95% of the PM2.5 emissions are associated with older high polluting devices. The 

following are the thresholds for other districts for comparison purposes:

• The South Coast Air Quality Management District (SCAQMD) Rule 445 (WoodBurning Devices) was recently amended in 2013 and has a No Burn curtailment 

4 Pitzman, L., Eagle, B. Smith, R., Houck, J. OMNI Environmental Services. Dioxin/Furan Air Emissions, General 

Emissions, and Fuel Composition of Duraflame Firelogs, and Douglas Fir Cordwood. Prepared for Jim Nolan Puget 

Sound Clean Air Agency. May 23, 2006.

17

 
SJVUAPCD Governing Board

ITEM NUMBER 7: ADOPT PROPOSED AMENDMENTS TO THE DISTRICT’S RESIDENTIAL WOOD 

BURNING PROGRAM

September 18, 2014

threshold of 30 μg/m3 – copies District’s current rule, no emissions reductions if 

adopted in the Valley, 

• The Bay Area Air Quality Management District (BAAQMD) Regulation 6 – Rule 3 

(Particulate Matter and Visible Emissions – Wood-Burning Devices) has a No 

Burn curtailment threshold of 35 μg/m3 – less stringent than the District’s current 

rule and will result in an increase in emissions if adopted in the Valley,

• Sacramento Metro Air Quality Management District Rule 421 (Mandatory 

Episodic Curtailment of Wood and Other Solid Fuel Burning) implements a tiered 

curtailment program where the lowest No Burn curtailment threshold begins at 30 

μg/m3 while allowing certified devices to burn up to 35 μg/m3 – less stringent than 

the District’s current rule and will result in an increase in emissions if adopted in 

the Valley.

Supporting Regulatory Analyses 

Economic Analysis 

The District has prepared a cost effectiveness analysis to analyze the economic 

feasibility of the proposed rule amendments. No significant socioeconomic impacts are 

expected from this rule project. Refer to Appendix C of the final draft staff report for

these analyses. 

Rule Consistency Analysis 

The District prepared a rule consistency analysis that compares the elements of the 

proposed amendments for Rule 4901 and proposed new Rule 3901 with the 

corresponding elements of other District rules and federal regulations and guidelines 

that apply to the same type of equipment or source category. The proposed 

amendments and proposed new rule will not conflict with other District rules, or federal 

rules, regulations, or policies covering analogous stationary sources. Refer to the final 

draft staff report for this analysis. 

Environmental Impacts

The District investigated the possible environmental impacts of the amendments to Rule 

4901. Based on the lack of evidence to the contrary, the District has concluded that the 

rule amendments will not have any significant adverse effects on the environment. As 

such, the District finds that the rule amendment project is exempt per the general rule 

that CEQA applies only to projects which have the potential for causing a significant 

impact on the environment (CEQA Guidelines §15061 (b)(3)). Pursuant to Section 

15062 of the CEQA Guidelines, the District will file a Notice of Exemption upon 

Governing Board approval of amendments to Rule 4901.

FISCAL IMPACT:

In addition to the reductions in emissions from lowering of the No Burn threshold in the 

rule, we hope to achieve additional reductions through transition to cleaner burning 

certified devices. Towards that end, today’s recommendations include added incentives 

18
SJVUAPCD Governing Board

ITEM NUMBER 7: ADOPT PROPOSED AMENDMENTS TO THE DISTRICT’S RESIDENTIAL WOOD 

BURNING PROGRAM

September 18, 2014

to encourage purchase and installation of cleaner devices. An allocation of $2.1 million 

for the District’s Burn Cleaner Program is included in the District’s 2014-15 budget. 

Therefore, no budget amendments are needed at this time. 

The increase in the number of No Burn days is expected to result in increased 

enforcement related workload. The proposed registration program is designed to 

facilitate effective enforcement without the need for intrusive inspection of residential 

wood burning devices. The added administrative costs associated with the registration 

process will be defrayed with the proposed registration fee of $12.50 for every three 

years. No fees will be charged for registrations for the first wood burning season in 

2014-15. The District expects to have adequate resources in 2014-15 to handle the 

additional enforcement related workload without any increase in staffing. If additional 

resources are needed as the fiscal impacts of the amendments become more defined, 

staff will present recommendations for additional appropriations to your Board either 

through annual budget requests or mid-year budget adjustments, as necessary. 

Attachments:

Attachment A: Resolution for Proposed Amendments to Rule 4901 and Proposed New Rule 

3901 (5 pages)

Attachment B: Proposed Amendments to Rule 4901 (14 pages)

Attachment C: Proposed New Rule 3901 (2 pages) 

Attachment D: Final Draft Staff Report with Appendices for Proposed Amendments to Residential 

Wood Burning Program (200 pages)

Attachment E: Registration Forms (2 pages) 

19