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 Rule 4901

Wood Burning Fireplaces and Wood Burning Heaters

Prepared by: Rynda Kay

August 2015
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RULE IDENTIFICATION –

Agency: San Joaquin Valley Unified Air Pollution Control District 

(“SJVUAPCD” 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

Amended – September 18, 2014

Submitted - November 6, 2014

Determination of Completeness: December 18, 2014

RULE SUMMARY –

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

matter of 2.5 microns or less (PM2.5) and particulate matter of 10 microns or less (PM10),

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

and outdoor wood burning devices. The rule establishes requirements for the sale/transfer, 

operation, and installation 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 outdoor 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 developments based on population density. 

5. Paragraph 5.6 was modified to replace the existing episodic curtailment 

requirement which required declaration of a mandatory wood burning curtailment 
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day (“No Burn Day”) whenever the PM2.5 concentration was forecasted to be 

greater than or equal to 30 micrograms per cubic meter (μg/m3) or PM10 was 

forecasted to be greater than or equal to 135 μg/m3

, with a new two-tiered 

curtailment program. During a Level One Episodic Wood Burning Curtailment, 

which is triggered when the PM2.5 concentration is forecasted to be between 20-65 

μg/m3

, operation of wood burning fireplaces and unregistered wood burning 

heaters is prohibited, but properly 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 PM2.5 concentration is forecasted to be above 65 μg/m3 or the PM10

concentration is forecasted to be above 135 μg/m3

, operation of any wood burning 

device is prohibited.1

6. Paragraph 5.6.1.2 requires that registered units operating during a Level One 

Episodic Wood Burning Curtailment not use prohibited materials, be maintained 

and operated according to manufacturer 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 determining 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 removed. The paragraph was a contingency measure provision 

which would be enacted in the event that EPA finalized a rulemaking finding San 

Joaquin Air Basin had failed to attain the 1997 PM2.5 National Ambient Air 

Quality Standard (NAAQS) by the applicable deadline. The provision would have 

required a ban on the operation of all wood burning devices when the PM2.5 

concentration was predicted to be greater than or equal to 20 μg/m3 or the PM10

concentration was predicted to be greater than or equal to 135 μg/m3

. 

9. Paragraph 5.7.1 sets eligibility requirements for District registration of wood 

burning heaters that may be used during a Level One Episodic Wood Burning 

Curtailment. The heaters must be either exempt from EPA certification 

requirements or EPA-certified to Phase II2 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 exemptslocations 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 “Phase II” refers to emission standards under the 1988 NSPS, which were in effect prior to May 15, 2015.
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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 inspection by a District Registered Wood Burning Heater Professional is 

required.

12. Paragraphs 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 Heater 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 clarity. 

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 

(Guidance 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 limitations, 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 applicable 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 PM10 and PM2.5 directly, as well 

as volatile organic compounds (VOCs) and oxides of nitrogen (NOx), which are 

precursors to ozone and PM2.5. 

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 available 
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control measures (RACM), including such reductions in emissions from existing 

sources in the area as may be obtained through the adoption, at a minimum, of 

reasonably available control technology (RACT), as expeditiously as 

practicable. Therefore, SJVUAPCD must implement RACM for ozone precursors. 

Additional control measures for 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 contribute 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, because residential wood burning takes 

place in the winter months when ozone concentrations are lower and the probability 

of 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 PM2.5 standards (40 CFR 81.305).3 CAA sections 172(c)(1) 

and 189(a)(1)(C) require moderate PM2.5 nonattainment areas to implement RACM 

and RACT as expeditiously as practicable. Therefore, SJVUAPCD must 

implement RACM, including RACT, for PM2.5 and PM2.5 precursors. EPA has 

interpreted the RACM requirement 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 for 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 will 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 PM2.5 standards (40 CFR 81.305). CAA section 

189(b)(1)(B) requires serious PM2.5 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 PM2.5 and PM2.5

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 PM10 (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 (see, e.g. 

80 FR 15404).
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Accordingly, SJVUAPCD is not required to implement BACM/BACT or 

RACM/RACT for PM10 and PM10 precursors. Therefore, we are not currently 

evaluating Rule 4901 for compliance with BACM/BACT or RACM/RACT

requirements for PM10. 

EPA EVALUATION - A summary of our evaluation of the three criteria follows.

1. Enforceability - The rule requirements and applicability are clear, and the 

monitoring, recordkeeping, reporting and other provisions sufficiently ensure that 

affected sources and regulators can evaluate and determine compliance with Rule 

4901 consistently. 

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 requirements, restrictions concerning materials that can be burned, and 

a limit on visible emissions from residential chimneys, as clarified in the letter 

from Sheraz Gill, SJVUAPCD to Andrew Steckel, EPA Region IX, dated July 20, 

2015.

Paragraph 5.6.1.2.4 establishes an emission limitation on visible smoke for 

registered wood burning heaters during normal operating conditions during a Level 

One Episodic Wood Burning Curtailment period, and paragraph 3.13 defines 

normal operating conditions to exclude fifteen minutes 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 

emissions 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 than 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 times including during startup and 

refueling as clarified in the District’s letter referenced above.
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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 

emissions: 

• 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 requirements 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 Report 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 NAAQS is not 

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 continuous emission 

limitations, consistent with Federal CAA 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 limits during the starting 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 

of 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 alternative 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 reasonable 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 tiered curtailment program 

described in Paragraph 5.6, would reduce average winter burning season5

 5 The wood burning season consists of the months of November – February (120 days). 
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emissions by 3.27 tons per day (tpd) PM2.5 and would reduce annual average 

emissions by 1.09 tpd PM2.5, when compared to the current SIP-approved version 

of Rule 49016

. See Rule 4901 Staff Report, Appendix-B, page B-12.

Specifically, reducing the mandatory curtailment PM2.5 forecast threshold for

unregistered wood burning devices from 30 μg/m3 to 20 μg/m3 would increase the 

total number of curtailment days (including both Level One and Level Two) by 

approximately 34 days/year, decreasing average wood burning season emissions by 

3.33 tpd PM2.5. See Staff Report, Appendix B, Table B-5 and Table B-10. In 

contrast, registered wood burning heaters would now be allowed to burn on

approximately 31 additional days when PM2.5 concentrations are forecasted to be

between 30-65 μg/m3. 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 PM2.5. Combining these changes leads to overall estimated 

emission reduction of 3.27 tpd PM2.5. See Staff Report, Table B-7 and Table B-10.

The SIP-approved version 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 PM2.5 NAAQS by the applicable deadline. The 

provision would reduce the mandatory curtailment PM2.5 forecast threshold from 

30 to 20 μg/m3 for all wood burning devices. The direct implementation of this 

contingency provision would have reduced average wood burning season 

emissions by 3.40 tpd PM2.5 compared to the existing SIP-approved rule 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 PM2.5 NAAQS by the 

applicable deadline. On April 7, 2015, EPA reclassified San Joaquin valley as a

serious nonattainment area for the 1997 PM2.5 NAAQS (80 FR 18528). As a result 

of this action, the applicable attainment date for the 1997 PM2.5 NAAQS is now no 

later than December 31, 2015. Since 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 revised rule are comparable to those 

expected to result from implementation of the contingency measure. 

In particular, the District states that in addition to the 3.27 tpd PM2.5 emission 

reductions from the new curtailment program, allowing additional Burn Days for 

registered devices and subsidizing change-outs for cleaner burning devices would 

encourage residents to 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 said they would replace their dirty wood burning devices7 if provided 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 without EPA certification, EPA 

Phase I certified wood burning heaters, and wood burning fireplaces. See Rule 4901 Staff Report p. B-8. 
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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 residents changed out their devices for cleaner burning 

devices, average wood burning season emissions could be reduced by an additional 

1.82 tpd PM2.5. See Rule 4901 Staff Report, Appendix B p.B-14. The District 

estimates that a transition of 2% of the dirty 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 between 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, CARB reports that in 2014 using Indirect Source 

Review incentive funding, the District replaced 3612 dirty stoves and fireplaces, 

which they estimate provides 0.1 tpd PM2.5 annual average emission reductions and 

0.3 PM2.5 tpd average wood burning season emission reductions. See ARB 2015 

PM2.5 Staff Report, p.21. It seems reasonable 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 measure alone.

Given that the rule is estimated 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 measure), 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 ensuring that requirements for RFP and 

attainment are met and the submitted 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. Stringency – 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 56181). 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 PM2.5 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 Burning Rules.xlsx). SJVUAPCD provides additional 

analysis supporting its assertion that Rule 4901 implements BACM for PM2.5 in the 

2015 Plan for the 1997 PM2.5 Standard, SJVUAPCD, Appendix C, beginning on p. 
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C-156, submitted to EPA on June 15, 2015 and in the email from Sheraz 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 

program that incorporates all of the elements outlined in EPA’s Strategies for 

Reducing Wood Smoke including a wood burning curtailment program (Paragraphs 

5.6-5.10), opacity and visible emission limits (Paragraph 5.6.1.2.4 and SIPapproved Rule 4101), requirements regarding wood moisture content (Paragraphs

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 of wood burning fireplaces

(Paragraphs 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 

(Paragraphs 5.1.1 and 5.1.2), a wood burning change-out program (ARB 2015 PM2.5

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 analogous 

rules in other areas. Below, we examine several provisions in more detail.

i. Tiered Mandatory Wood burning CurtailmentOne 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 (BCAQMD), 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 Washington Administrative Code, Section 173-433). 

Rule 4901 includes 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. SJVUAPCD 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 PM2.5 concentration is forecasted 

to be above 20 μg/m3

. See email from Sheraz Gill, SJVUAPCD to Andrew 

Steckel, EPA Region IX, dated June 25, 2015. SJVUAPCD projects that 

reducing the forecast threshold from 30 to 20 μg/m3 increases the total number 

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

Rules.
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of curtailment days over an average wood burning season to 53-85 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 PM2.5 concentration is forecasted above 30 

μg/m3. SMAQMD Rule 421 declares a voluntary curtailment when the 24-hour 

average PM2.5 concentration is forecasted to be between 25-31 μg/m3

, a Stage 1 

Mandatory curtailment when between 31-35 μg/m3, and a Stage 2 Mandatory 

Curtailment when above 35 μg/m3

. 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/m3 and SMAQMD 

bans all burning above 35 μg/m3

, SJVUAPCD states that adding a small amount 

of additional emissions from registered clean burning devices when 

concentrations are between 30-65 μg/m3 will be overwhelmingly compensated 

for by decreased emissions from dirty devices when concentrations are between 

20-30 μg/m3. The District states that reducing emissions when concentrations 

are forecasted to be 20-30 ug/m3 will reduce the build-up of emissions which 

occurs during long periods of 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 SJVUAPCD requires a 

registration 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 Sheraz Gill, SJVUAPCD, 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 transition to cleaner burning devices and register 

with the District, leading to a total increase of average wood burning season 

emissions between 20-65 μg/m3 by 0.22 tpd PM2.5. The District notes that to 

date, through the Burn Cleaner incentive program, over 80% of replacements 

have resulted in installation of a natural gas-fired unit rather than a cleaner 

wood burning device. Natural gas-fired units have negligible PM2.5 emissions 

and are not subject to Rule 4901. The District states therefore that a more 

reasonable 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/m3. Further, the District states that when compared to the 3.33 tpd of 

direct PM2.5 emission reductions from lowering the curtailment threshold, and 
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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 Sheraz 

Gill, SJVUAPCD to Andrew Steckel, EPA Region IX, dated June 25, 2015. 

We agree that reducing the curtailment threshold from 30 to 20 μg/m3 for 

uncertified devices along with registration requirements for certified devices 

makes the Rule 4901 curtailment program at least as stringent as or more 

stringent than these and other analogous programs. 

ii. Ban of wood devices and fireplaces in new developmentSome 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., 

SJVUAPCD 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. SJVUAPCD 

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, SJVUAPCD 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 sale 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 emissions from 13% to a factor of 2 or more.

9 Several District and State 

rules explicitly list unseasoned wood as a prohibited fuel type (e.g., BAAQMD 

6.3, PCAPCD 225, Washoe 040.051, Maricopa County P-26, WA 173-433), 

 9 See e.g., “Residential Wood Combustion Technology Review Volume 1. Technical Report” (EPA-600/R98-174a), 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.
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ban the sale of unseasoned wood seasonally (e.g., South Coast 445), or require 

a label identifying if wood is seasoned 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), SJVUAPCD 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, SJVUAPCD 

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 current version of Rule 4901 requires all best available 

control measures for wood burning devices in the San Joaquin Valley 

considering technological and economic feasibility, 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 the 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 wood burning 

rule. While a continuous opacity limit is included in SJVUAPCD Rule 4101, we 

recommend also adding an opacity limit into the body of SJVUAPCD 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.
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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 sparingly (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 is unclear how citizens can 

report a violation during this critical period.

EPA ACTION

The submitted Rule 4901 strengthens the SIP, and the Rule 4901Staff Report projects it 

will reduce PM2.5 emissions by 3.27 tons PM2.5/year with additional reductions from 

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 PM10 and PM2.5 emissions. The rule fulfils the relevant CAA section 110 and 

Title I Part D requirements. Therefore, EPA staff recommends approval of Rule 4901 

pursuant to CAA section 110(k)(3).
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REFERENCES

1. SJVUAPCD Rule 4901 – Wood Burning Fireplaces and Wood Burning Heaters, 

amended October 16, 2008, approved October 11, 2009, 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 Document 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, 2014.

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 Reducing 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, amended 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 Appliances, 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, amended 

March 26, 2008.

22. Residential Wood Combustion Technology Review, Volume 1. Technical Report, 

EPA-600/R-98-174a, December 1998. 
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23. 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.

24. Laguna Beach Municipal Code, Subsection 14.86.012, Wood-burning Fireplaces, 

adopted June 19, 2014.