UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document

for

EPA ’ s Proposed Rulemaking

for the California State Implementation Plan (SIP)

San Joaquin Valley Unified Air Pollution Control District Rul e 4901 Wood Burning Fireplaces and Wood Burning Heaters

Prepared by: Rynda Kay

August 20152 of 16 RULE IDENTIFICATION

–

Agency: San Joaquin Valley Unified Air Pollution Control District ( “ SJV U APCD ” or “The District”)

SIP Approved Rule: Rule 4901

– Wood Burning Fireplaces and Wood Burning

Heaters

Amended

– October 16, 2008

Submitted

– December 23, 2008 EPA Approved

– October 11, 2009 (74 FR 57907 )

Subject of this TSD: Rule 4901

– Wood Burning Fireplaces and Wood Burning

Heaters

Amen ded

– September 18, 2014

Submitted

- November 6

, 2014

Dete rmination of Completeness : December 18, 2014

RULE SUMMARY

–

Rule 4901 is designed to l imit emissions of particulate matter (PM ) , including particulate

matter of 2.5 microns or less ( PM 2.5 ) and particulate matter of 10 microns or less (PM 10 )

, and other pollutants generated by the use of wood burning fireplaces, wood b urning heaters,

and outdoor wood burning devices

. The rule establishes requirements for the sale /transfer, operation, and installat ion of wood burning devices and on the advertising of wood for sale intended for burning in a wood burning fireplace

, wood burning heater , or outdoor wood burning device within the San Joaquin Valley Air Basin (“San Joaquin Valley”) . Changes

from the SIP

- approved rule include the following:

1. Paragraph 2.0 was modified to add o utdoor wood burning heaters to the applicability paragraph

.

2. Explicit reference to the New Source Performance Standard (NSPS) for New

Residential Wood Heaters (40 CFR part 60, subpart AAA) was added to assure compliance with latest Federal requirements.

3. Paragraph 5.1.3 was modified to require that retailers provide public awareness information to their customers regarding wood burning curtailment levels as

defined in paragraph 5.6

.

4. Paragraph 5.3 was modified to clarify the number of devices allowed in new

residential development s based on population density

.

5. Paragraph 5.6 was modified to replace the existing episodic curtailment requirement which required declaration of a mandatory wo od burning curtailment3 of 16 day (“No Burn Day”) whenever the PM 2.5 concentration was forecasted to be greater than or equal to 30 microgram s per cubic meter ( μg/m 3 ) or PM 10 was forecasted to be greater than or equal to 135 μg/m 3

, with a new two

- tiered

curtai lment program. During a Level One Episodic Wood Burning Curtailment

, which is triggered when the PM 2.5 concentration is forecasted to be between 20

- 65 μg/m 3

, operation of wood burning fireplaces and unregistered wood burning

heaters is prohibited

, but prop erly operated, wood burning heaters that meet certification requirements and have a current registration with the District may be

used

. During a Level Two Episodic Wood Burning Curtailment , which is triggered

when the PM 2.5 concentration is forecasted to b e above 65 μg/m 3 or the PM 10 concentration is forecasted to be above 135 μg/m 3

, operation of any wood burning

device is prohibited. 1

6. Paragraph 5.6.1.2 require s that registered units operating during a Level One Episodic Wood Burning Curtailment not use pr ohibited materials, be maintained and operated according to ma nufacturer instructions, and have no visible emissions under normal operating conditions. Paragraph 3.13 defines “Normal Operating Conditions” and paragraph 7.2 adds a test method for determini ng no visible emissions.

7. Paragraph 5.6.3 adds butane to the list of gases not considered natural gas.

8. Paragraph 5.6.5 was remo ved. The paragraph was a contingency measure provision

which would be enacted in the event that EPA finalized a rulemaking find ing San Joaquin Air Basin had failed to attain the 1997 PM 2.5 National Ambient Air Quality Standard (NAAQS) by the applicable de adline. The provision would have required a ban on the operation of all wood burning devices when the PM 2.5

concentra tion wa s pr edicted to be greater than or equal to 20 μg/m 3 or the PM 10 concentration wa s predicted to be greater than or equal to 135 μg/m 3

.

9. Paragraph 5.7.1 sets eligibility requirements for District registration of wood burning heaters that may be used during a L evel One Episodic Wood Burning

Curtailment. The heaters must be either exempt from EPA certification requirements or EPA

- certified to Phase II 2 or more stringent certification as specified under the NSPS in effect at the time of purchase or installation.

10. Paragraph 5.7.2 outlines an interim registration process for the 2014/2015 wood burning season.

11. Paragraph 5.7.3 outlines the registration process and documentation requirements for registering a wood burning heater with the District including a receipt or invoice listing the make and model of heater or a certification from a District

1 Paragraph 5.6.3 exempts l ocations where natural gas service is not available or where a wood burning

device is the sole source of heat in a residence from both levels of curtailment.

2 “ P has e II” refers to emission standards under the 1988 NSPS, which were in effect pri or to May 15, 2015.4 of 16 Registered Wood Burning Heater Professional that the heater meets the eligibility requirements. If the heater was purchased more than one year prior to registration, an inspec tion by a District Registered Wood Burning Heater Professional is required.

12. Paragraph s 5.8 and 5.9 outline renewal and disqualification of registration procedures.

13. Paragraph 5.10 lists qualifications to register as a District Registered Wood Burning Heat er Professional

.

14. Paragraph 5.11 grants the District the right to enter a property for the purpose of inspecting any wood burning heater registered with the District.

15. Several definitions were added/modified and editorial changes were made to improve clar ity.

EVALUATION CRITERIA

- The following criteria were used to evaluate the submitted

rule.

1. Enforceability

- The Bluebook ( Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations , EPA, May 25, 1988) and the Little Bluebook ( Guidan ce Document for Correcting Common VOC & Other Rule Deficiencies, EPA Region 9, August 21, 2001) were used to help evaluate compliance with the Clean Air Act ( CAA ) section 110(a)(2)(A) requirement for enforceability. In addition, we refer to Restatement to Update of EPA’s SSM Policy Applicable to

SIPs (80 FR 33839

, June 12, 2015 ) , particularly with respect to emissions during

start

- up discussed in Rule 4901 paragraph 5.6.1.2.4

. In general, this EPA policy clarifies the requirement for continuous emission li mitations, consistent with the

CAA

.

2

. SIP Revisions

- CAA section 110(l) prohibits EPA from approving any SIP revision that would interfere with any applicable requirement concerning attainment and reasonable further progress (RFP) or any other applicabl e requirement of the CAA. In addition, CAA section 193 prohibits the modification of any SIP

- approved control requirement in effect before November 15, 1990, in a nonattainment area.

3. Stringency

– Wood burning emits PM , including PM 10 and PM 2.5 directl y, as well as volatile organic compounds (VOCs) and oxides of nitrogen (NOx), which are precursors to ozone and PM 2.5

.

The San Joaquin Valley is currently designated and classified as an extreme 1

- hour

ozone nonattainment area and an extreme 8

- hour ozone nonattainment area under

both the 1997 and 2008 8

- hour ozone standards (40 CFR 81.305). CAA section 172(c)(1) requires ozone nonattainment areas to implement all reasonably available5 of 16 control measures (RACM), including such reductions in emissions from exi sting sources in the area as may be obtained through the adoption, at a minimum, of reasonably available control technology (RACT), as expeditiously as practicable. Theref ore, SJVUAPCD must implement RACM for ozone precursors.

Additional control measures f or wood burning may be required pursuant to CAA

section 172(c)(1) if both: (1) additional measures are reasonably available; and (2) these additional reasonably available measures will advance attainment of one or

more ozone standards in the area or contri bute to reasonable further progress (RFP) when considered collectively (80 FR 12264, 12282). While our stringency discussion below focusses on PM emissions, we are not aware of reasonably

available controls for these sources for ozone precursors that are not also reasonably

available controls for PM. In addition, b ecause residential wood burning takes place in the winter months when ozone concentrations are lower and the probability

o f exceeding the ozone NAAQS is low, we do not believe it is necessary to assess RACM/RACT for ozone and its precursors independently from our assessment of

RACM/RACT for PM

.

San Joaquin Valley is designated and classified as a moderate nonattainment area

for the 2006 24

- hour PM 2.5 standards (40 CFR 81.305). 3 CAA sections 17 2(c)(1) and 189(a)(1)(C) require moderate PM 2.5 nonattainment areas to implement RACM and RACT as expeditiously as practicable. Therefore, SJVUAPCD must implement RACM, including RACT, for PM 2.5 and PM 2.5 precursors. EPA has interpreted the RACM requiremen t under 189(a)(1)(C) to include control measures that are technologically and economically feasible (57 FR 13498, 13540; 80 FR 15340, 15372 ) and not "absurd, unenforceable, or impracticable" (57 FR at 13560;

80 FR at 15372 ). Additional control measures fo r wood burning may be required pursuant to CAA section 172(c)(1) if: (1) additional measures are reasonably available; and (2) either (a) the area cannot practicably attain by the statutory attainment date or (b) additional reasonably available measures wi ll advance attainment in the area when considered collectively.

San Joaquin Valley is designated and classified as a serious nonattainment for the

1997 annual and 1997 24

- hour PM 2.5 standards (40 CFR 81.305). CAA section 189(b)(1)(B) requires serious PM 2.5 nonattainment areas to implement best available control measures (BACM), including best available control technology (BACT), 4 within 4 years after reclassification of the area to serious. Therefore,

SJVUAPCD must implement BACM, including BACT, for PM 2 .5 and PM 2.5 precursors. BACM represents a more stringent and potentially more costly level of control than RACM (80 FR at 15405).

San Joaquin Valley is currently designated attainment for PM 10 (40 CFR 81.305).

3 On January 13, 2015, EPA proposed to reclassify San Joaquin Valley as a serious nonattainment area for

the 2006 24

- hour PM2.5 standard.

4 CAA section 189(b)(1)(B) refers only to BACM, but EPA interprets this term to include BACT ( s ee , e.g. 80 FR 15404).6 of 16 Accordingly, SJVUAPCD is not required to implement BACM / BACT or RACM/RACT for PM 10 and PM 10 precursors. Therefore, we are not currently evaluating Rule 4901 for compliance with BACM /BACT or RACM/RACT requirements for PM 10

.

EPA EVALUATION

- A summary of our evaluation of the three criteria follo ws.

1. Enforceability

- The rule requirements and applicability are clear, and the monitoring, recordkeeping, reporting and other provisions sufficient ly ensure that affected sources and regulators can evaluate and determine compliance with Rule

4901 consist ently.

Rule 4901 includes several provisions that together provide continuous control of

PM emissions consistent with our guidance on start

- up
, shut

- down, and

malfunction including an episodic curtailment program, certification and registration requir ements, restrictions concerning materials that can be burned, and a limit on visible emissions from residential chimney s, as clarified in the letter

from Sheraz Gill , SJV U APCD to Andrew Steckel, EPA Region IX, dated July 20,

2015

.

Paragraph 5.6.1.2.4 est ablishes an emission limitation on visible smoke for registered wood burning heaters during normal operating conditions during a Level

One E pisodic Wood Burning Curtailment period, and paragraph 3.13 defines normal operating conditions to exclude fifteen m inutes when a fire is started, extinguished or when fuel is added. It is important to note, however, that only wood burning heaters with an EPA Phase II (or more stringent) certification and pellet

- fueled wood burning heaters are eligible to be registered (see paragraph 5.7.1). Emissions from these types of heaters is inherently limited, compared to other types of wood burning devices. Accordingly, the registration eligibility requirements in paragraph 5.7.1 serve as equipment requirements that limit

emiss ions from registered heaters at all times , including startup and refueling

.

Additionally, elsewhere in the approved SIP there is a separate requirement that limits opacity from wood burning devices at all times: Rule 4101 Visible

Emissions , as amended on February 17, 2005 and approved by EPA on August 11,

2005 (70 FR 46770) applies to “any source operation which emits or may emit air contaminants” (see paragraph 2), including wood burning devices, and prohibits discharge of “any air contaminant, other tha n uncombined water vapor, for a period or periods aggregating more than three (3) minutes in any one (1) hour which is as dark or darker in shade as that designated as No. 1 on the Ringelmann Chart . . . ” (see paragraph 5.1). This rule applies at all time s including during startup and refueling as clarified in the District’s letter referenced above.7 of 16 We note that Rule 4901 also includes several additional control measures that apply at all times, including during startup and refueling, and help to limit

em issions:

• Paragraphs 5.1 and 5.2, which restrict sale and transfer of non

- certified wood burning heaters.

• Paragraph 5.3, which limits the amount of wood burning fireplaces and heaters in new residential developments.

• Paragraph 5.4, which describes requi rements regarding advertising for sale of

seasoned wood.

• Paragraph 5.5, which prohibits burning in a wood burning fireplace or heater : garbage, treated wood, and various other listed material.

Also , according to SJVUAPCD’s staff report ( Final Staff Rep ort for Amendments

to the District’s Residential Wood Burning Program, dated September 18, 2014,

“ Rule 4901 Staff Report”

, p. 43 ), the primary element of the rule that provides the emission reductions to help ensure attainment/maintenance of the NA AQS is n ot the opacity requirement, but the tiered mandatory curtailment program which restricts the use of woodstoves and fireplaces on days that are conducive to the buildup of PM concentrations.

Accordingly, this combination of rule provisions constitutes con tinuous emission limitations, consistent with Federal C AA requirements. Specifically, the equipment

standard in Rule 4901 paragraph 5.7.1 and the continuously

- applicable opacity limit in 4101, serve as adequate alternative emission limit s during the start ing and refueling of fires in woodstoves and fireplaces. Reliance on those requirements during starting and refueling periods is limited , reasonable and specific to the operation of residential stoves and fireplaces, minimizes the frequency and duration

o f those periods, and minimizes the impact of emissions on ambient air quality during those periods . In addition, the episodic curtailment program insures that emission impacts are avoided during potential worst

- case periods. While EPA’s guidance on altern ative emission limits ( 80 FR at 33980 ) also specifies that the owner or operator’s actions during startup and shutdown periods should be documented by properly signed, contemporaneous operating logs or other relevant evidence, we do not think it is reasona ble to apply that element of the guidance in

this case

, since we conclude it would be an unreasonable burden to impose this recordkeeping requirement in individual home heating situations

.

2

. SIP Relaxation

– The District estimates that the new tiere d curtailment program

described in Paragraph 5.6, would reduce average winter burning season 5

5 The wood burning season consists of the months of November

– February (120 days).8 of 16 emissions by 3.27 tons per day ( tpd ) PM 2.5 and would reduce annual average emissions by 1.09 tpd PM 2.5 , when compared to the current SIP

- approved version

of Rule 4901 6

. See Rule 4901 Staff Report , Appendix

- B, page B

- 12.

Specifically, r educing the mandatory curtailment PM 2.5 forecast threshold for unregistered wood burning devices from 30 μg/m 3 to 20 μg/m 3 would increase the total number of curtailment days (inclu ding both Level One and Level Two) by approximately 34 days /year, decreasing average wood burning season emissi ons by

3.33 tpd PM 2.5

. See Staff Report, Append ix B, Table B

- 5 and Table B

- 10. In

contrast, r egistered wood burning heaters would now be allowed to burn on approximately 31 additional days when PM 2.5 concentrations are forecast ed to be

between 30

- 65 μg/m 3

. Assuming all currently eligible heaters register with the

District and burn on all these additional days (two highly conservative assumptions)

, the District estimates an increase in average wood burning season

emissions of 0.065 tpd PM 2.5

. Combining these changes leads to overall estimated

emission reduction of 3.27 tpd PM 2.5

. See Staff Report, Table B

- 7 and Table B

- 10.

The SIP

- approved versi on of Rule 4901 contains a contingency provision which

would come into effect only if EPA finalized a rulemaking that the San Joaquin Valley had failed to attain the 1997 PM 2.5 NAAQS by the applicable deadline. The provision would reduce the mandatory curt ailment PM 2.5 forecast threshold from

30 to 20 μg/m 3 for all wood burning devices

. The direct implementation of this contingency provision would have reduce d average wood burning season emissions by 3.40 tpd PM 2.5 compared to the existing SIP

- approved rul e without the contingency measure

. See Staff Report p.33. However, EPA has not made a finding that the San Joaquin Valley failed to attain the 1997 PM 2.5 NAAQS by the applicable deadline . On April 7, 2015, EPA reclassified San Joaquin valley as a serious n onattainment area for the 1997 PM 2.5 NAAQS ( 80 FR 18528 ). As a result

of this action , the applicable attainment date for the 1997 PM 2.5 NAAQS is now no later than December 31, 2015. S ince the contingency provision has not been triggered

, we do not believe that its removal from the SIP would interfere with any applicable requirement concerning attainment and RFP or any other applicable requirement of the CAA

. Nonetheless, we have considered whether the emissions reductions projected to occur under the revise d rule are comparable to those expected to result from implementation of the contingency measure.

In particular, t he District states that in addition to the 3.27 tpd PM 2.5 emission reductions from the new curtailment program, allowing additional Burn Da ys for registered devices and subsid izing change

- outs for cleaner burning devices would

encourage residents t o transition from higher polluting devices. See Rule 4901 Staff Report, Appendix A, p. A

- 5. In a phone survey of SJV residents, 24% of

residents s aid they would replace their dirty wood burning devices 7 if prov ided a

6 Amended October 16, 2008, Approved October 11, 2009, 74 FR 57907.

7 The District defines “dirty ” wood burning heaters as wood burning heaters with out EPA certification, EPA Phase I certified wood burning heaters, and wood burning fireplaces

. See Rule 4901 Staff Report p. B

- 8.9 of 16 subsidy of up to 50% toward the purchase of a cleaner burning device and 29% of residents said they would replace if allowed to burn more days

. The District

estimates that if 24% of res idents changed out their devices for cleaner burning devices, average wood burning season emissions could be reduced by an additional 1.82 tpd PM 2.5

. See Rule 4901 Staff Report , Appendix B p. B

- 14

. T he District

estimates that a transition of 2% of the dirt y devices in the District would be

needed to compensate for the difference between the Contingency Provision and

revised rule (0.13 tpd)

. See Rule 4901 Staff Report , p. 32

- 33. The District

committed to providing $7.5 million of funding for change

- outs betw een 2016

- 2020

. See Staff Report, ARB Review of San Joaquin Valley PM2.5 State Implementation Plan , Release Date: April 20, 2015 (“ARB 2015 PM2.5 Plan Staff Report”)

, p. 15

. Additionally, C ARB reports that in 2014 using Indirect Source

Review incentive fund ing , the District replaced 3612 dirty stoves and fireplaces

, whic h they estimate provides 0.1 tpd PM 2.5 annual average emission reductions and

0.3 PM 2.5 tpd average wood burning season emission reductions

. See ARB 2015 PM2.5 Staff Report, p.21. It seems re asonable to conclude that by 2020

, the tiered mandatory curtailment required by the rule, together with the wood burning stove change

- out program
, will provide more emission reductions than the direct implementation of the contingency mea s ure alone.

Give n that the rule is estimate d to result in average wood burning season emission

reductions of at least 3.27 tpd (and additional reductions associated with wood burning device change

- outs) when compared to the SIP

- approved rule (without the contingency measu re ) , we propose to determine that our approval of the submittal would comply with CAA section 110(l), because the proposed SIP revision would

not interfere with the on

- going process for ensu ring that requirements for RFP a nd

attainment are met and the subm itted SIP revision is at least as stringent as the rule previously approved into the SIP. CAA section 193 does not apply to this action because the submitted SIP revision does not weaken any SIP control requirement in effect before November 15, 1990.

3. Stri ngency

– On February 7, 2002 EPA finalized a limited approval

, limited disapproval of Rule 4901 adopted July 15, 1993 (67 FR 5725). The District revised the rule and on September 30, 2003 we finalized an approval of Rule 4901 amended July 17, 2003 ( 68 FR 5 6181 ). On October 11, 2009 we finalized an approval of Rule 4901 amended October 16, 2008 ( 74 FR 57907 )

.

Below we assess whether Rule 4901 implements BACM/BACT for PM 2.5 by using

an analysis provided in the Rule 4901 Staff Report as referenced below and comparing provisions found in Rule 4901 with the EPA document “Strategies for Reducing Residential Wood Smoke”, EPA

- 456/B

- 13

- 001, March 2013 and current
State and District wood burning rules (See Attachment 1. Major Components of

Various Residential Wood B urning Rules .xlsx ). SJV U APCD provides additional analysis supporting its assertion that Rule 4901 implements BACM for PM 2.5 in the

2015 Plan for the 1997 PM 2.5 Standard, SJV U APCD, Appendix C, beginning on p.10 of 16 C

- 156, submitted to EPA on June 15 , 2015 and in the email from She raz Gill, SJVUAPCD to Andrew Steckel, EPA Region IX, dated June 25, 2015

.

Rule 4901 and the Check Before You Burn program ( http://valleyair.org/rule4901/ ) implemented by the District provides for a comprehensive residential wood smoke

p rogram that incorporates all of the elements outlined in EPA’s Strategies for Reducing Wood Smoke including a wood burning c urtailment program (Paragraph s 5.6

- 5.10 ), opacity and visible emission limit s (Paragraph 5.6.1.2.4 and SIP

approved Rule 4101), requ irements regarding wood moisture content (Paragraph s 5.1.3 and 5.4), removal of uncertified wood burning stoves upon home resale (Paragraph 5.2.2 ), restrictions on wood burning devices in new construction (Paragraph 5.3 ), restrictions on the installation o f wood burning fireplaces (Para g raph s 5.3.2.1 and 5.3.2.3)

, requirement that all wood burning stoves sold or

transferred within the District meet current NSPS certification standards (Paragraph s 5.1.1 and 5.1.2 ), a wood burning change

- out program ( ARB 2015 PM 2.5 Plan Staff Report, p. 15 and http://valleyair.org/grants/burncleaner.htm )

, and education and outreach (see http://valleyair.org/rule4901/ and Paragraph 5.1.3 ). We believe these provisions in Rule 4901 are generally at least as stringent as analogou s rules in other areas. Below, we examine several provisions in more detail.

i. Tiered Mandatory Wood burning Curtailment

One of the most effective ways to reduce wintertime smoke is a curtailment program which restricts use of woodstoves and fireplaces on days that are

conducive to buildup of PM concentrations

. See Strategies for Reducing Residential Wood Smoke, EPA

- 456/B

- 13

- 001, March 2013. Some communities implement a voluntary curtailment program (e.g., Butte County Air Quality Management District (B CAQMD), Feather River AQMD (FRAQMD), and Placer County Air Pollution Control District (PCAPCD)), 8
while others implement a mandatory curtailment program (e.g., SCAQMD Rule 445, BAAQMD Regulation 6.3, SMAQMD Rule 417, Washoe County Rule 040.051, and Washi ngton Administ rative Code, Section 173

- 433)

.

Rule 4901 i ncludes a mandatory curtailment as described in the “Rule Summary” section item #5. The District estimates that uncertified wood burning devices account for over 95% of wood smoke emission in SJV. See Rule 4901 Staff Report, Appendix B p. B

- 7. SJV U APCD states that Rule 4901 is the most stringent rule in the nation because it is the only one to ban uncertified, high

- polluting devices when the PM 2.5 concentration is forecasted to be above 20 μg/m 3

. S ee e mail from She raz Gill, SJVUAPCD to Andrew Steckel, EPA Region IX, dated June 25, 2015. SJV U APCD projects that reducing the forecast threshold from 30 to 20 μg/m 3 increases the total number

8 Due to their voluntary nature, voluntary curtailment provisions are generally not included within District

Rules.11 of 16 of curtailment days over an average wood burning season to 53

- 8 5 out of 120 wood burning season days per year, depending on the county. See Rule 4901 Staff Report, p. 20.

By comparison, SCAQMD Rule 445 includes a mandatory curtailment of all

devices when the 24

- hour average PM 2.5 concentration is forecasted above 30 μg/m 3 . SMAQMD Rule 421 declares a voluntary curtailment when the 24

- hour average PM 2.5 concentration is forecasted to be between 25

- 31 μg/m 3 , a Stage 1 Mandatory curtailment when between 31

- 35 μg/m 3 , and a Stage 2 Mandatory Curtailment when above 35 μg/m 3

. During a Sacramento Stage 1 curtailment, certified wood burning heaters and pellet fuel wood burning heaters are allowed to operate. During a Stage 2 Mandatory Curtailment, operation of all wood burning devices is banned.

While SCAQMD Rule 445 bans all burning above 30 μg/m 3 and SMAQMD bans all burning above 35 μg/m 3 , SJV U APCD states that adding a small amount of additional emissions from registered clean burning devices when

concentrations are between 30

- 65 μg/m 3 will be overwhelmingly compensated

for by decreased emissions from dirty devices when concentrations are between

20

- 30 μg/m 3 . The District states that reducing emissions when concentrations

are forecasted to be 20

- 30 ug/m 3 will reduce the build

- up of emissions which occurs during long periods o f stagnation experienced in the wintertime in the Valley. See Rule 4901 Staff Report p. 19.

Additionally, only certified devices registered with the District are allowed to burn during a Level One curtailment. Registration with SJV U APCD requires a regis tration fee and an inspection every 3

- years by a certified wood burning professional to assure the device meets certification requirements and is installed and operated correctly. Given these requirements, the District states that only a limited number of residents will take advantage of this registration

process. See email from She raz Gill, SJV U APCD, to Andrew Steckel, EPA Region IX, June 25, 2015.

As a worst case scenario, the District assumed that 24% of all existing

uncertified devices would transitio n to cleaner burning devices and register with the District, leading to a total increase of average wood burning season

emissions between 20

- 65 μg/m 3 by 0.22 tpd PM 2.5

. The District notes that to date, through the Burn Cleaner incentive program, over 80% o f replacements have resulted in installation of a natural gas

- fired unit rather than a cleaner wood burning device. Natural gas

- fired units have negligible PM 2.5 emissions and are not subject to Rule 4901. The District states therefore that a more

reasonab le estimate would be to assume 20% of the 0.22 tpd would occur, leading to a 0.044 tpd increase in emissions when concentrations are between

20

- 65 μg/m 3

. Further, the District states that when compared to the 3.33 tpd of

direct PM 2.5 emission reductions fr om lowering the curtailment threshold, and12 of 16 the additional 2.04 tpd estimated reduction from the transition to cleaner units, this 0.044 tpd increase in emissions is insignificant. See email from She raz Gill, SJVUAPCD to Andrew Steckel, EPA Region IX, date d June 25, 2015. We agree that reducing the curtailment threshold from 30 to 20 μg/m 3 for uncertified devices along with registration requirements for certified devices makes the Rule 4901 curtailment program at least as stringent as or more stringent tha n these and other analogous programs.

ii. Ban of wood devices and fireplaces in new development

Some areas may choose to control emissions by banning installation of any wood burning devices in new construction (e.g., SCAQMD Rule 444), only allowing wood burning appliances that meet EPA certification requirements (e.g., PCAPCD Rule 225 and BAAQMD Regulation 6

- 3), or restricting the number and density of new wood burning appliances in a given area (e.g.,

SJV U APCD Rule 4901 and Washoe County 040.051).

Rule 4901, Paragraph 5.3 limits the number of wood burning devices that can be installed in new residential developments. In areas denser than two dwellings/acre, no wood burning fireplaces are allowed and a maximum of two

certified units are allowed. In less dense areas, one wood burning fireplace or certified wood burning heater is allowed per dwelling.

SCAQMD Rule 445 amended May 3, 2013, paragraph (d)(1), bans permanent installation of any wood burning devices in new development. SJV U APCD states, however, that this requirement is not applicable to areas where there is no existing infrastructure for natural gas within 150 feet of the property line or those 3,000 feet above sea level. Therefore, SJV U APCD states that Rule 4901 is more stringent than Rule 445 as it does not exempt any homes at any

elevation. See Rule 4901 Staff Report, p.30. Given this lack of any exemptions in Rule 4901, it is reasonable to conclude that Rule 4901 is at least as stringent as SCAQMD Rule 445.

iii. Provisions regarding the use and s ale of unseasoned wood

Burning wet wood reduces the temperature so combustion is less complete and emits more PM. Several studies suggest burning unseasoned wood can increase

PM emissio ns from 13% to a factor of 2 or more

. 9 Several District and State

rul es explicitly list unseasoned wood as a prohibited fuel type (e.g., BAAQMD 6.3, PCAPCD 225, W ashoe 040.051 , Maricopa County P

- 26, WA 173

- 433),

9 See e. g., “ Residential Wood Combustion Technology Review Volume 1. Technical Report” ( EPA

- 600/R

98

- 174a), December 1998 and J. S. Kinsey, P. H. Kariher, and Y. Dong, “Evaluation of Methods for the Physical Characterization of the Fine Particle Emissions from Two Residential Wood Combustion Appliances”, Atmospheric Environment, 43 (2009) 4959

– 4967.13 of 16 ban the sale of unseasoned wood seasonally (e.g., South Coast 445), or require a label identifying if wood is sea soned or unseasoned (e.g., BAAQMD 6.3, Washoe 040.051).

Rule 4901 does not expressly prohibit the sale or use of unseasoned wood. However, by prohibiting emissions as dark or darker in shade than No. 1 on the Ringelmann Chart (i.e. 20% opacity), SJV U APCD Rule 4101 serves the same purpose as prohibiting the use of unseasoned wood because even well

- designed wood burning devices will produce high opacity when burning unseasoned wood. Additionally, paragraph 5.4 of Rule 4901 includes a seasoned wood labeling restriction and paragraph 5.1.3 requires retailers to provide information on proper fuel selection and use. Furthermore, SJV U APCD encourages the use of seasoned wood through its Check Before You Burn Program. See letter from Sheraz Gill, SJVUAPCD to Andrew Steckel, EPA Region IX, dated July 20, 2015. We agree with the District that these requirements collectively prevent the use of unseasoned wood. However, we recommend including additional requirements regarding seasoned wood for clarity the next time the rule is revised as described in the “Additional

Recommendations” section of this TSD.

We believe that the c urrent version of Rule 4901 requires all best available

control measures for wood burning devices in the San Joaquin Valley considering technologic al and economic feasibili ty, for the reasons cited above.

ADDITIONAL RECOMMENDATIONS FOR THE NEXT RULE REVISION

- The following revisions are not currently the basis for rule disapproval, but are recommended

for the next time the rule is amended.

Rule recommendations:

1) While the provisions in paragraph 5.6.1.2.4 and SIP

- approved Rule 4101 replicate wood moisture requirements, for clarity we recommend revising Rule 4901 to add unseasoned wood to the list of prohibited fuel types in paragraph 5.5, ban th e sale of unseasoned wood within the District, and revise the advertising requirement in paragraph 5.4 to require clearly labelling all wood sold in the District as seasoned

or unseasoned.

2) Many agencies include a continuous limit on opacity within their w ood burning rule. While a continuous opacity limit is included in SJV U APCD Rule 4101, we recommend also adding an opacity limit into the body of SJV U APCD Rule 4901 to improve compliance and enforceability. See, for example, BAAQMD Regulation 6

- 3 paragraph 6

- 3

- 302, and PCAPCD Rule 225 paragraph 304.2.14 of 16 3) Consider requiring that homes that qualify for the “sole source of heat” exemption described in Paragraph 5.6.3.2 (outside of power outage conditions) maintain a properly operated device that meets at minimum EPA Phase II emission limits.

4) Consider revising section 5.1 to prohibit installation of wood burning fireplaces in all existing and new development unless they meet equivalent EPA emission limits in 40 CFR part 60, subpart AAA for certified wood burning devices.

5) The town of Laguna Beach, for example, requires that any “major remodel” to a single

- family residence, retrofit any existing wood burning fireplace to comply with U.S. EPA Phase II emission limits by using a qualified retrofit insert, converting the existing wood burning fireplace to gas

- only use or other approved device. Consider whether this requirement would be feasible in the San Joaquin Valley.

Recommendations to program implementation :

6) Fireplaces are generally decorative and used sparingl y (once per week), while wood burning heaters are used more regularly for heating. Changing out a fireplace to an EPA

- certified stove that may be used more frequently could result in greater emissions. Consider providing incentive funding for wood burning fireplaces change

- out to gas fireplaces only.

7) Consider adding a second “Report a Violation” button under the heading “No Burning Unless Registered,” at http://www.valleyair.org/aqinfo/cbyb.htm, and including a map of registered devices. As it stands, it i s unclear how citizens can report a violation during this critical period.

EPA ACTION

The submitted Rule 4901 strengthens the SIP, and the Rule 4901S taff R eport projects it

will reduce PM 2.5 emissions by 3.27 tons PM 2.5 /year with additional reductions f rom monetary and regulatory incentives to encourage change

- out to cleaner devices. The

revised rule is enforceable

, implements BACM/BACT for wood burning devices

, and

decreases PM 10 and PM 2.5 emissions. The rule fulfils the relevant CAA section 110 and

T itle I P art D requirements. Therefore, EPA staff recommends approval of Rule 4901 pursuant to CAA section 110(k)(3).15 of 16 REFERENCE S

1. SJVUAPCD Rule 4901

– Wood Burning Fireplaces and Wood Burning Heaters

, amended October 16, 2008, approved October 11, 20 09, 74 FR 57907.

2. SJVUAPCD Rule 4901

– Wood Burning Fireplaces and Wood Burning Heaters

, amended September 18, 2014, submitted rule.

3. Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations (“The Bluebook”) , EPA, May 25, 1988.

4. Guidance Docu ment for Correcting Common VOC & Other Rule Deficiencies (“The

Little Bluebook”)

, EPA Region 9, August 21, 2001.

5. Restatement and Update of EPA’s SSM Policy Applicable to SIPs , 80 FR 33839, June 12, 2015.

6. Letter from Sheraz Gill, SJVUAPCD to Andrew Steckel , EPA Region IX, dated July 20, 2015.

7. SJVUAPCD Rule 4101

– Visible Emissions , amended February 17, 2005, approved August 11, 2005, 70 FR 46770.

8. Final Staff Report for Amendments to the District’s Residential Wood Burning Program , SJVUAPCD, September 18, 20 14.

9. Staff Report, ARB Review of San Joaquin Valley PM2.5 State Implementation Plan

, ARB, April 20, 2015

. 10. Technical Information Document for Residential Wood Combustion Best Available

Control Measures , EPA

- 450/2

- 92

- 002, September 1992.

11. Strategies for Reduci ng Residential Wood Smoke , EPA

- 456/B

- 13

- 001, March 2013.

12. 2015 Plan for the 1997 PM2.5 Standard , Appendix C, SJVUAPCD, submitted to EPA on June 15, 2015

. 13. Email from Sheraz Gill, SJVUAPCD to Andrew Steckel, EPA Region IX, dated June 25, 2015

. 14. SCAQMD Rule 445

, Wood Burning Devices , a mended May 3, 2013 , approved September 26, 2013, 78 FR 59249.

15. BAAQMD Regulation 6.3, Wood

- Burning Devices , amended July 9, 2008.

16. PCAPCD Rule 225, Wood Burning Appliances , amended December 13, 2007.

17. SMAQMD Rule 417, Wood Burning App liances , October 26, 2006, approved April 11, 2013, 78 FR 21540.

18. SMAQMD Rule 421

, Mandatory Episodic Curtailment of Wood and Other Solid Fuel Burning , amended September 24, 2009. Approved (except paragraph 402) on March 16, 2015, 80 FR 13495.

19. Washoe County Rule 040.051, Wood Stove/Fireplace Insert Emissions , amended August 22, 2013.

20. Washington Administrative Code Section 173

- 433, Solid Fuel Burning Devices

, effective February 23, 2014.

21. Maricopa County Ordinance P

- 26, Residential Woodburning Restriction, ame nded March 26, 2008.

22. Residential Wood Combustion Technology Review

, Volume 1. Technical Report,

EPA

- 600/R

- 98

- 174a, December 1998.16 of 16 23. J. S. Kinsey, P. H. Kariher, and Y. Dong, “Evaluation of Methods for the Physical

Characterization of the Fine Particle Emiss ions from Two Residential Wood Combustion Appliances”, Atmospheric Environment, 43 (2009) 4959

– 4967.

24. Laguna Beach Municipal Code, Subsection 14.86.012 , Wood

- burning Fireplaces, adopted June 19, 2014.