UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX AIR DIVISION

Technical Support Document 

for 

EPA’s Proposed Rulemaking 

for the 

California State Implementation Plan 

South Coast Air Quality Management District 

Rule 445 - Wood-Burning Devices 

Prepared by: Rynda Kay 

June 2013 

 

 
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RULE IDENTIFICATION 

Agency: South Coast Air Quality Management District (SCAQMD) 

SIP Approved Rule: Rule 445 – Wood Burning Devices 

Adopted – March 7, 2008 

Submitted – July 18, 2008 

Approved- June 11, 2009 (74 FR 27716) 

Superseded Submittals: There are no previous submittals of this rule since the approved 

2008 version (besides the 2013 version addressed here).

Subject of this TSD: Rule 445 – Wood Burning Devices [excluding subdivision (h)] 

Adopted – May 3, 2013 

Submitted – June 12, 2013 

RULE SUMMARY 

SCAQMD Rule 445 is designed to minimize the impacts of smoke and other air pollutants 

generated during the use of wood burning devices. The rule establishes requirements for the sale, 

operation, and installation of wood burning devices. Changes from the SIP approved rule include 

the following: 

1. The mandatory winter burning curtailment provision was modified to reduce the current 

forecast threshold for a given source/receptor area from 35 to 30 μg/m3 [Subparagraph (c) 

(6) (A)]. 

2. New parameters have been outlined for when a mandatory winter burning curtailment 

would apply to the entire South Coast Air Basin [Subdivision (e) & Subparagraph (c) (6) 

(B)]. 

3. A new requirement was added for commercial firewood sellers to attach a label to 

products informing the public of the wood burning curtailment program [Subparagraph (d) 

(5)]. 

4. A provision was removed which allowed the installation of wood-burning devices or 

fireplaces into existing development if they could be demonstrated to achieve the same 

emission rate as an EPA certified wood heater [Subparagraph (d) (2) (D)]. 

5. Text describing commercial firewood seller requirements has been amended to include 

“other wood-based fuels” to ensure proposed labelling requirements would apply to all 

packaged and manufactured wood sold [Subparagraph (b) & (c)]. A definition was added 

for “wood-based fuel” [Subparagraph (c) (18)]. 

6. Modifications were made to clarify that cookstove and wood labelling exemptions apply 

only to commercial cooking [Subparagraphs (c) (2&22), (f) (1&6)]. A new definition was 

added for “Wood-fired Cooking Device” to clarify applicability under mandatory winter 

burning curtailment [Subparagraph (c) (22)]. 
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7. The definition on “Wood Burning Device” was added to include open and enclosed 

devices thus prohibiting the installation of wood-burning fire pits in new development 

[Subparagraph (c) (19)]. 

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 CAA §110(a)(2)(A) 

requirement for enforceability. 

2. SIP Revisions - CAA §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 §193 

prohibits the modification of any SIP-approved control requirement in effect before 

November 15, 1990, in a nonattainment area. 

3. Rule Stringency - The Los Angeles - South Coast Air Basin (South Coast) is currently 

designated as a serious non-attainment area for PM10 (40 CFR § 81.305). 1 Accordingly, 

SCAQMD is subject to requirements to implement Best Available Control Measures 

(BACM) including Best Available Control Technology (BACT) for PM10 and PM10 

precursors as described in CAA § 189(b) and (e). On June 11, 2009, EPA approved 

SCAQMD Rule 445 into the Applicable-SIP as fulfilling BACT/BACM for PM10 (74 FR 

27716). We are not evaluating SCAQMD Rule 445 for compliance with BACT/BACM 

requirements in this rulemaking. 

CAA §172(c)(1) requires nonattainment areas to implement all reasonably available 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. The South Coast is currently 

designated as an extreme 1-hr ozone nonattainment area and an extreme 8-hr ozone 

nonattainment area, and is also designated nonattainment for the 1997 annual, 1997 24-

hour, and 2006 24-hour fine particulate matter (PM2.5) standards (40 C.F.R. 81.305). 

Residential wood burning emits direct PM2.5, as well as volatile organic compounds 

(VOCs) and oxides of nitrogen (NOx), which are regulated as precursors to PM2.5 and 

ozone in the South Coast. Therefore, SCAQMD must implement RACM for residential 

wood burning if those measures will advance attainment of the National Ambient Air 

Quality Standard (NAAQS) for PM2.5 or ozone in the South Coast, when considered 

collectively with other reasonable measures. Additional control measures may be required 

pursuant to CAA §172(c)(1) if both: (1) additional measures are reasonably available; and 

(2) these additional reasonably available measures will advance attainment in the area when 

considered collectively. 

 

1 On June 12, 2013, EPA signed a final rule to redesignate the area to attainment for the PM-10 NAAQS, 

which will become effective 30 days after publication in the Federal Register. See “Approval and 

Promulgation of Implementation Plans; Designation of Areas for Air Quality Planning Purposes; California; 

South Coast Air Basin; Approval of PM10 Maintenance Plan and Redesignation to Attainment for the PM10 

Standard,” pre-publication final rule signed June 12, 2013. 
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EPA EVALUATION 

1. Enforceability - The rule requirements and applicability provisions are clear and other 

provisions sufficiently ensure that affected sources and regulators can evaluate and 

determine compliance with SCAQMD Rule 445 consistently. 

2. SIP Revisions - We propose to determine that our approval of the submitted rule would 

comply with CAA §110(l) and CAA §193 because the revisions to SCAQMD Rule 445 all 

strengthen the SIP and, therefore, would not interfere with the on-going process for 

ensuring that requirements for RFP and attainment of the NAAQS are met or modify any 

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

area. SCAQMD estimates that lowering the mandatory winter burning curtailment 

threshold and applying the curtailment to the entire basin (when triggered) could reduce 

PM2.5 emissions by 7.1 tons PM2.5/curtailment day (1.2 tons PM2.5/day as averaged over 

the winter curtailment period)2. 

3. Rule Stringency - EPA reviewed the previous version of SCAQMD Rule 445 in 2009, and 

approved it as meeting requirements for RACM/RACT and BACM/BACT for PM10 at 

that time (74 FR 27716). 

In our 2009 action, the following recommendation was made to improve the rule at the 

next revision: 

“Rule 445(f)(3): This exemption to the rule allows the transfer of real estate without 

removal or replacement of non-EPA Phase II-certified devices. We believe that a measure 

should be implemented to remove non-EPA Phase II-certified devices. The District's 

incentives program for change-out of such devices is this type of measure. Since the 

incentives program may not be permanent, we recommend that the removal or 

replacement of non-EPA Phase II-certified woodstoves and fireplace inserts be required as 

a condition of real estate sale.” 

In response to EPA comments regarding this provision, the District stated, “... this was 

considered during the development of Rule 445. Staff will revisit the issue as part of 

current incentive programs, but as the 2014 attainment date is fast approaching and given 

the rate of property transfers, adding the requirement to the rule would not have an 

appreciable effect by 2014.3 

With the exception of the provision described above, SCAQMD Rule 445 is generally as 

stringent as or more stringent than analogous rules in other California Districts.4 See 

Attachment 1. As necessary, in separate rulemakings, EPA will take action on the State’s 

RACM demonstrations for PM2.5 and ozone based on evaluation of the control measures 

submitted as a whole and their overall potential to advance the applicable attainment dates 

in the South Coast. See 40 CFR §§ 51.1010, 51.912(d). 

 

 

2

See Final Draft Staff Report, SCAQMD, April 2013 

3

South Coast Final 2012 Air Quality Management Plan, Response to Comments, page 13. 

4

See, e.g., Bay Area AQMD Regulation 6, Rule 3 (July 9, 2008); Placer County APCD Rule 225 

(December 13, 2007); Sacramento Metropolitan AQMD Rule 417 (October 26, 2006); San Joaquin Valley 

Unified AQCD Rule 4901 (October 16, 2008). 
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EPA ACTION 

We propose to determine that SCAQMD Rule 445 fulfills the applicable CAA §110 requirements. 

Therefore, under section 110(k) of the CAA, EPA staff recommends full approval of SCAQMD 

Rule 445. 

ATTACHMENTS 

1. Table 1. Major Components of Various Residential Wood Burning Rules 

REFERENCES 

1. SCAQMD Rule 445, SIP-Approved Rule (March 7, 2008) 

2. SCAQMD Rule 445 (May 3, 2013) 

3. “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,” (a.k.a., 

Bluebook) EPA OAQPS, May 25, 1988 (web citation). 

4. “Guidance Document for Correcting Common VOC & Other Rule Deficiencies,” (a.k.a., 

Little Bluebook), EPA Region 9, August 21, 2001 

(http://www.epa.gov/region09/air/sips/littlebluebook2001.pdf) 

5. Final Staff Report, Rule 444 and 445, SCAQMD, April 2013 

6. South Coast Final 2012 Air Quality Management Plan, Response to Comments, page 13. 

7. “Strategies for Reducing Residential Wood Smoke”, EPA Document # EPA-456/B-09001, 

October 2009. 

8. Sacramento Metropolitan AQMD Rule 417 (October 26, 2006). 

9. San Joaquin Valley Unified AQCD Rule 4901 (October 16, 2008). 

10. Bay Area AQMD Regulation 6, Rule 3 (July 9, 2008). 

11. Placer County APCD Rule 225 (December 13, 2007). 

12. Sacramento Metropolitan AQMD Rule 417 (October 26, 2006). 
Table 1. Major Components of Various Residential Wood Burning Rules1

 

Adopted Requirement BCAQMD 

Rule 207 

BAAQMD 

Rule 6-3 

PCAPCD 

Rule 225 

SJV Rule 

4901 

SMAQMD 

Rule 417 & 

Rule 422 

SCAQMD 

Rule 445 

(2008) 

SCAQMD 

Rule 445 

(2013) 

Wood burning devices installed in existing 

development must be EPA Phase-II certified or have 

equivalent emissions 

Y Y Y Y

3 Y Y Y3

The burning of materials not intended for use in 

wood burning devices is prohibited 

Y Y Y Y Y Y Y 

Opacity or Visible Emission Limit within the Rule N Y Y N N N N 

Warning label regarding (L) or ban on the sale of 

(S) or use of (U) unseasoned wood 

N Y (L,B,U) Y (B) Y (L) Y (L) Y(L,B) Y(L,B)

Wood burning device retailers must provide public 

awareness information 

Y Y Y Y

3 Y Y Y 

Voluntary (V) /mandatory (M) winter burning 

curtailment2 

N Y (35) N Y (30) Y (35)4 Y (35) Y (30) + 

basinwide 

provision 

Prohibit the installation of all non-EPA certified 

wood burning devices in new development 

Y Y Y Y

3 Y Y Y5

Limit # of wood burning devices / acre in new 

development 

N N Y Y N N/A N/A

Replace non-EPA Phase II certified wood burning 

devices upon home sale 

N N Y

3 Y3 N N N 

1 Butte County AQMD Rule 2007 (adopted December 11, 2008); Bay Area AQMD Regulation 6, Rule 3 (adopted July 9, 2008); Placer County APCD Rule 225 

(adopted December 13, 2007); San Joaquin Valley Unified AQCD Rule 4901 (adopted October 16, 2008); Sacramento Metropolitan AQMD Rule 417 (adopted 

October 26, 2006); South Coast AQMD Rule 445 (adopted March 7, 2008 and May 3, 2013) 

2 (xx) = Mandatory curtailment at forecast level of xx μg/m3

PM2.5 

3 Applies to wood burning heaters only (fireplaces excluded) 

4 Voluntary curtailment at 25-31 μg/m3

PM2.5; Stage I curtailment (certified devices allowed to operate) at forecast level of 31-35 μg/m3PM2.5; Stage II (no 

wood burning devices allowed to operate) at forecast level of >35 μg/m3PM2.5 

5

SCAQMD does not allow equivalency demonstration 

Note: 

1. Potential control options are obtained from the following documents: 
- Strategies for Reducing Residential Wood Smoke, EPA-456/B-13-001 (March 2013). 

- Technical Information Document for Residential Wood Combustion Best Available Control Measures, EPA-450/2-92-002 (September 1992). 

- General Preamble, Appendix C2—Available Residential Wood Combustion Control Measures, 57 FR 18072 (April 28, 1992). 

2. In November of 2004 CARB adopted a list of PM control measures to be considered by Districts (SB656) including 1) Require use of USEPA-Certified 

Phase II or equivalent devices, 2) Public awareness program with voluntary or mandatory curtailment, 3) replacement of non-certified units upon sale of 

property, 4) restrict number of fireplaces allowed in new residential development, 5) control of wood moisture content, 6) prohibit burning of materials 

not intended for use in a fireplace/heater.