SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS

XXX XX, 2007 421-14 RULE 421 – MANDATORY EPISODIC CURTAILMENT OF WOOD AND OTHER SOLID FUEL BURNING Adopted XX-XX-07

INDEX

100 GENERAL 101 PURPOSE 102 APPLICABILITY 103 SEVERABILITY 110 EXEMPTION – GASEOUS FUEL 111 EXEMPTION – COOKSTOVES 112 EXEMPTION – SOLE SOURCE OF HEAT 113 EXEMPTION – RELIGIOUS ACTIVITY 114 EXEMPTION – HARDSHIP

200 DEFINITIONS 201 COOKSTOVE 202 FIRE 203 FIREPLACE 204 PELLET-FUELED WOOD BURNING HEATER 205 SEASON 206 SOLE SOURCE 207 SOLID FUEL 208 WOOD BURNING DEVICE 209 WOOD BURNING HEATER

300 STANDARDS 301 MANDATORY CURTAILMENT

400 ADMINISTRATIVE REQUIREMENTS 401 NOTIFICATION OF MANDATORY CURTAILMENT 402 PENALTIES 403 HARDSHIP WAIVER

500 MONITORING AND RECORDS (NOT INCLUDED)100 GENERAL

101 PURPOSE: To limit emissions of particulate matter to the atmosphere from fires or the operation of wood burning devices.

102 APPLICABILITY: This rule applies to any person who operates a wood burning device or fire.

103 SEVERABILITY : If a court of competent jurisdiction issues an order that any provision of this rule is invalid, it is the intent of the Board of Directors of the District that other provisions of this rule remain in full force and affect to the extent allowed by law.

110 EXEMPTION – GASEOUS FUEL: The provisions of this rule shall not apply to devices that operate exclusively with a gaseous fuel.

111 EXEMPTION – COOKSTOVES: The provisions of this rule shall not apply to cookstoves.

112 EXEMPTION – SOLE SOURCE OF HEAT: The provisions of this rule shall not apply to wood burning devices that are the sole source of heat in a residence.

113 EXEMPTION – RELIGIOUS ACTIVITY: The provisions of this rule shall not apply to fires conducted as part of a religious ceremony.

114 EXEMPTION – HARDSHIP: The provisions of Section 301 shall not apply to any person who has an approved Hardship Waiver pursuant to Section 403.

200 DEFINITIONS

201 COOKSTOVE: Any wood fired appliance used primarily for cooking food as described in Title 40 of the Code of Federal Regulations (CFR) Section 60.531.

202 FIRE: A solid fuel fire not in a wood burning device. Examples include, but are not limited to, fire pits and bonfires.

203 FIREPLACE: Any permanently installed masonry or factory built device designed to operate with solid fuel.

204 PELLET-FUELED WOOD BURNING HEATER: Any wood burning heater which is operated on compressed pellets of wood or other biomass material.

205 SEASON: The consecutive entire months of November, December, January, and February.

206 SOLE SOURCE: The only permanent source of heat that is capable of meeting the space heating demands of a residence.

207 SOLID FUEL: Any wood, non-gaseous, or non-liquid fuel.

208 WOOD BURNING DEVICE: Any fireplace, wood burning heater, pellet-fueled wood burning heater, or any similar indoor or outdoor device burning any solid fuel used for aesthetic or space-heating purposes.

209 WOOD BURNING HEATER: An enclosed, wood burning appliance capable of, and intended for space heating as described in Title 40 CFR Section 60.531 (e.g., wood stove or fireplace insert).SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS

XXX XX, 2007 421-16 300 STANDARDS

301 MANDATORY CURTAILMENT: The requirements of this section shall be in effect during the burning season. 301.1 No person may have a fire or operate a wood burning device when a Mandatory Curtailment is in effect. 301.2 The Air Pollution Control Officer will declare a Mandatory Curtailment whenever he or she determines that the 24-hour average PM2.5 concentration may exceed 35 μ g/m 3

.

400 ADMINISTRATIVE REQUIREMENTS

401 NOTIFICATION OF MANDATORY CURTAILMENT: The Air Pollution Control Officer will provide public notice of a Mandatory Curtailment by all of the following methods: 401.1 A recorded telephone message for which the telephone number is published in the telephone directory or newspapers of general circulation within Sacramento County. 401.2 Messages posted on the District Web site, www.AirQuality.org , and the Spare The Air Web site, www.SpareTheAir.com

. 401.3 Electronic mail messages to persons or entities that have requested electronic notice and provided accurate address information. The District is not responsible for the failure to receive notices, and failure to receive does not excuse violations of Section 301.1. 401.4 Notifying radio and television stat ions operating in Sacramento County and newspapers of general circulation within Sacramento County. 401.5 Any other such methods that the Air Pollution Control Officer determines are appropriate.

402 PENALTIES: Any person who violates Section 301.1 of this rule is subject to the following penalties: 402.1 For first-time violations, the person s hall pay an administrative civil penalty of $50 or shall attend a wood smoke awareness course that has been approved by the Air Pollution Control Officer. 402.2 For subsequent violations, the penalty will be determined in accordance with the District’s Mutual Settlement Program. 402.3 The administrative civil penalty specif ied in Section 402.1 may be adjusted on an annual basis. Any adjustment must be proposed and approved through the annual budget process. If the Board of Directors approves a change in the penalty with the final budget, the Air Pollution Control Officer may adjust the penalty by up to the maximum rate approved by the Board.

403 HARDSHIP WAIVER: The Air Pollution Control Officer may issue a waiver from this rule if there are compelling economic reasons to do so and the waiver will not have adverse impacts. A written application must be submitted by anyone requesting a waiver. 403.1 Application Information: The application must state the compelling reason for the waiver and must include the following information: a. Address of the household where the wood burning device is located; b. Total gross monthly income for all person’s living in the household; c. Total number of persons living in the household; d. Type of dwelling and age; e. Types of fuel and the devices used for heating; f. Copy of utility bill(s) paid;SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS

XXX XX, 2007 421-17 g. Identification of all wood burning devices being used; h. Estimate of the amount of wood or other solid fuel that will be burned on a Mandatory No Burn day; i. Certification by the applicant that the information contained in the application is accurate to the best of their knowledge under penalty of perjury under the laws of the State of California; and j. Other information requested by the Air Pollution Control Officer. 403.2 Waiver Approval Process: Before granting the waiver, the Air Pollution Control Officer will consider the above information and any other information that he or she deems appropriate. a. The Air Pollution Control Officer will grant or deny the waiver, in writing, within 10 working days of the receipt of the application. If the Air Pollution Control Officer does not respond, the request is deemed denied. The Air Pollution Control Officer’s decision is final. b. The waiver is only valid for one season. A person must apply for a waiver each season. c. The Air Pollution Control Officer may rescind the granting of a waiver at any time if an adverse impact is identified, or if information relied upon to grant the waiver is incorrect.Rule 421 Options for Board Consideration

Any one of the following, or a combination of the following, options may be considered for adoption at the October 25, 2007 Board hearing.

1. Add a voluntary no burn program for days on which air quality is expected to be between a specified range which recommends wood burning be discontinued for that day, except fo r EPA certified devices and EPA exempt pellet stoves and inserts that do not produce visible smoke. a. Set range between 25 μg/m 3 – 35 μg/m 3 b. Set range between 30 μg/m 3 – 35 μg/m 3

2. Add a 1 year exemption from the mandatory no-burn rule for EPA certified devices and pellet stoves an d inserts that do not produce visible smoke. Two alternatives are proposed:

a. Exemption expires in one year unless federal standards met.

b. Exemption expires in one year unless extended by the Board.

3. Add an exemption from the mandatory no-burn rule for EPA certified devices and pellet stoves and inserts that do not produce visible smoke unless the air quality is forecast to exceed 40 μg/m 3

.

4. Add an exemption from the mandatory no-burn rule for EPA certified devices and pellet stoves an d inserts that do not produce visible smoke. (no expiration date)Additional rule language implementing Option 1.a.

115 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 302 shall not apply to U.S. EPA Phase II Certif ied wood burning heaters and pellet-fueled wood burning heaters provided the devices do not emit visible smoke. 208 U.S. EPA : The United States Envir onmental Protection Agency. 209 U.S. EPA Phase II Certified: Any appliance certified by the U.S. EPA to meet the performance and emission standards set forth in Title 40 CFR, Part 60, Subpart AAA. 302 Voluntary Curtailment: The requirements of this section shall be in effect during the burning season. The Air Pollution Control Offi cer will declare a Voluntary Curtailment whenever he or she determines that the 24- hour average PM2.5 concentration may exceed 25 μ g/m 3 but is not likely to exceed 35 μ g/m 3

. Renumber existing Section 208 and 209 to 210 and 211

Additional rule language implementing Option 1.b.

115 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 302 shall not apply to U.S. EPA Phase II Certif ied wood burning heaters and pellet-fueled wood burning heaters provided the devices do not emit visible smoke. 208 U.S. EPA : The United States Envir onmental Protection Agency. 209 U.S. EPA Phase II Certified: Any appliance certified by the U.S. EPA to meet the performance and emission standards set forth in Title 40 CFR, Part 60, Subpart AAA. 302 Voluntary Curtailment: The requirements of this section shall be in effect during the burning season. The Air Pollution Control O fficer will declare a Voluntary Curtailment whenever he or she determines that the 24- hour average PM2.5 concentration may exceed 30 μ g/m 3 but is not likely to exceed 35 μ g/m 3

. Renumber existing Section 208 and 209 to 210 and 211

Additional rule language implementing Option 2.a.

115 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 301 shall not apply to U.S. EPA Phase II Certif ied wood burning heaters and pellet-fueled wood burning heaters provided the devices do not emit visible smoke. This exemption shall expire September 1, 2008, unless the Air Pollution Control Officer determines that the 98 th percentile of the PM2.5 concentrations from ev ery Federal Reference Method sampler is 35 μg/m 3 or less for the period April 1, 2007 through March 31, 2008. 208 U.S. EPA : The United States Envir onmental Protection Agency. 209 U.S. EPA Phase II Certified: Any appliance certified by the U.S. EPA to meet the performance and emission standards set forth in Title 40 CFR, Part 60, Subpart AAA. 404 Notification of Expiration of Certified Wood Heaters and Pellet Stoves Exemption: The Air Pollution Control Officer will provide notice if the Section 115 exemption expires using the same methods identified in Section 401. Renumber existing Section 208 and 209 to 210 and 211

Additional rule language implementing Option 2.b.115 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 301 shall not apply to U.S. EPA Phase II Certif ied wood burning heaters and pellet-fueled wood burning heaters provided the devices do not emit visible smoke. This exemption shall expire September 1, 2008, unless extended by the Board of Directors. 208 U.S. EPA : The United States Envir onmental Protection Agency. 209 U.S. EPA Phase II Certified: Any appliance certified by the U.S. EPA to meet the performance and emission standards set forth in Title 40 CFR, Part 60, Subpart AAA. 404 Notification of Expiration of Certified Wood Heaters and Pellet Stoves Exemption: The Air Pollution Control Officer will provide notice if the Section 115 exemption expires using the same methods identified in Section 401. Renumber existing Section 208 and 209 to 210 and 211

Additional rule language implementing Option 3

115 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 301 shall not apply to U.S. EPA Phase II Certif ied wood burning heaters and pellet-fueled wood burning heaters provided: 115.1 the devices do not emit visible smoke; and 115.2 a Stage 1 Mandatory Curtailment is in effect. 208 U.S. EPA : The United States Envir onmental Protection Agency. 209 U.S. EPA Phase II Certified: Any appliance certified by the U.S. EPA to meet the performance and emission standards set forth in Title 40 CFR, Part 60, Subpart AAA. Amend Section 301.2 301.2 The Air Pollution Control Officer will decla re a Stage 1 Mandatory Curtailment whenever he or she determines that the 24-hour av erage PM2.5 concentration may exceed 35 μ g/m 3 but is not likely to exceed 40 μ g/m 3 301.3 The Air Pollution Control Officer will decla re a Stage 2 Mandatory Curtailment whenever he or she determines that the 24-hour av erage PM2.5 concentration may exceed 40 μ g/m 3

. Renumber existing Section 208 and 209 to 210 and 211

Additional rule language implementing Option 4

115 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 301 shall not apply to U.S. EPA Phase II Certif ied wood burning heaters and pellet-fueled wood burning heaters provided the devices do not emit visible smoke. 208 U.S. EPA : The United States Envir onmental Protection Agency. 209 U.S. EPA Phase II Certified: Any appliance certified by the U.S. EPA to meet the performance and emission standards set forth in Title 40 CFR, Part 60, Subpart AAA. Renumber existing Section 208 and 209 to 210 and 211

Rule Language Implementing Combinations of Options:

The various options may be adopted as proposed or in co mbination with each other. Staff have identified representative combinations below, but the B oard of Directors may identify and approve anothercombination of the proposed options at the October hearing.

Additional rule language implementing Options 1.a. and 2.a.

115 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 301 shall not apply to U.S. EPA Phase II Certif ied wood burning heaters and pellet-fueled wood burning heaters provided the devices do not emit visible smoke. This exemption shall expire September 1, 2008, unless the Air Pollution Control Officer determines that the 98 th percentile of the PM2.5 concentrations from ev ery Federal Reference Method sampler is 35 μg/m 3 or less for the period April 1, 2007 through March 31, 2008. 116 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 302 shall not apply to U.S. EPA Phase II Certif ied wood burning heaters and pellet-fueled wood burning heaters provided the devices do not emit visible smoke. 208 U.S. EPA : The United States Envir onmental Protection Agency. 209 U.S. EPA Phase II Certified: Any appliance certified by the U.S. EPA to meet the performance and emission standards set forth in Title 40 CFR, Part 60, Subpart AAA. 302 Voluntary Curtailment: The requirements of this section shall be in effect during the burning season. The Air Pollution Control O fficer will declare a Voluntary Curtailment whenever he or she determines that the 24- hour average PM2.5 concentration may exceed 25 μ g/m 3 but is not likely to exceed 35 μ g/m 3

. 404 Notification of Expiration of Certified Wood Heaters and Pellet Stoves Exemption: The Air Pollution Control Officer will provide notice if the Section 115 exemption expires using the same methods identified in Section 401. Renumber existing Section 208 and 209 to 210 and 211

Additional rule language implementing Options 1.a. and 2.b.

115 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 301 shall not apply to U.S. EPA Phase II Certif ied wood burning heaters and pellet-fueled wood burning heaters provided the devices do not emit visible smoke. This exemption shall expire September 1, 2008, unless extended by the Board of Directors. 116 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 302 shall not apply to U.S. EPA Phase II Certif ied wood burning heaters and pellet-fueled wood burning heaters provided the devices do not emit visible smoke. 208 U.S. EPA : The United States Envir onmental Protection Agency. 209 U.S. EPA Phase II Certified: Any appliance certified by the U.S. EPA to meet the performance and emission standards set forth in Title 40 CFR, Part 60, Subpart AAA. 302 Voluntary Curtailment: The requirements of this section shall be in effect during the burning season. The Air Pollution Control O fficer will declare a Voluntary Curtailment whenever he or she determines that the 24- hour average PM2.5 concentration may exceed 25 μ g/m 3 but is not likely to exceed 35 μ g/m 3

. 404 Notification of Expiration of Certified Wood Heaters and Pellet Stoves Exemption: The Air Pollution Control Officer will provide notice if the Section 115 exemption expires using the same methods identified in Section 401. Renumber existing Section 208 and 209 to 210 and 211Additional rule language implementing Options 1.a. and 3

115 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 301 shall not apply to U.S. EPA Phase II Certif ied wood burning heaters and pellet-fueled wood burning heaters provided: 115.1 the devices do not emit visible smoke; and 115.2 a Stage 1 Mandatory Curtailment is in effect. 116 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 302 shall not apply to U.S. EPA Phase II Certif ied wood burning heaters and pellet-fueled wood burning heaters provided the devices do not emit visible smoke. 208 U.S. EPA : The United States Envir onmental Protection Agency. 209 U.S. EPA Phase II Certified: Any appliance certified by the U.S. EPA to meet the performance and emission standards set forth in Title 40 CFR, Part 60, Subpart AAA. Amend Section 301.2 301.2 The Air Pollution Control Officer will decla re a Stage 1 Mandatory Curtailment whenever he or she determines that the 24-hour av erage PM2.5 concentration may exceed 35 μ g/m 3 but is not likely to exceed 40 μ g/m 3 301.3 The Air Pollution Control Officer will decla re a Stage 2 Mandatory Curtailment whenever he or she determines that the 24-hour av erage PM2.5 concentration may exceed 40 μ g/m 3

. 302 Voluntary Curtailment: The requirements of this section shall be in effect during the burning season. The Air Pollution Control O fficer will declare a Voluntary Curtailment whenever he or she determines that the 24- hour average PM2.5 concentration may exceed 25 μ g/m 3 but is not likely to exceed 35 μ g/m 3

. Renumber existing Section 208 and 209 to 210 and 211

Additional rule language implementing Options 1.a. and 4

115 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 301 and 302 shall not apply to U.S. EPA Phase II Certified wood burning heaters and pelletfueled wood burning heaters provided the dev ices do not emit visible smoke. 208 U.S. EPA : The United States Envir onmental Protection Agency. 209 U.S. EPA Phase II Certified: Any appliance certified by the U.S. EPA to meet the performance and emission standards set forth in Title 40 CFR, Part 60, Subpart AAA. 302 Voluntary Curtailment: The requirements of this section shall be in effect during the burning season. The Air Pollution Control Offi cer will declare a Voluntary Curtailment whenever he or she determines that the 24- hour average PM2.5 concentration may exceed 25 μ g/m 3 but is not likely to exceed 35 μ g/m 3

. Renumber existing Section 208 and 209 to 210 and 211

Additional rule language implementing Options 1.b. and 2.a.

115 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 301 shall not apply to U.S. EPA Phase II Certif ied wood burning heaters and pellet-fueled wood burning heaters provided the devices do not emit visible smoke. This exemption shall expireSeptember 1, 2008, unless the Air Pollution Control Officer determines that the 98 th percentile of the PM2.5 concentrations from ev ery Federal Reference Method sampler is 35 μg/m 3 or less for the period April 1, 2007 through March 31, 2008. 116 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 302 shall not apply to U.S. EPA Phase II Certif ied wood burning heaters and pellet-fueled wood burning heaters provided the devices do not emit visible smoke. 208 U.S. EPA : The United States Envir onmental Protection Agency. 209 U.S. EPA Phase II Certified: Any appliance certified by the U.S. EPA to meet the performance and emission standards set forth in Title 40 CFR, Part 60, Subpart AAA. 302 Voluntary Curtailment: The requirements of this section shall be in effect during the burning season. The Air Pollution Control O fficer will declare a Voluntary Curtailment whenever he or she determines that the 24- hour average PM2.5 concentration may exceed 30 μ g/m 3 but is not likely to exceed 35 μ g/m 3

. 404 Notification of Expiration of Certified Wood Heaters and Pellet Stoves Exemption: The Air Pollution Control Officer will provide notice if the Section 115 exemption expires using the same methods identified in Section 401. Renumber existing Section 208 and 209 to 210 and 211

Additional rule language implementing Options 1.b. and 2.b.

115 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 301 shall not apply to U.S. EPA Phase II Certif ied wood burning heaters and pellet-fueled wood burning heaters provided the devices do not emit visible smoke. This exemption shall expire September 1, 2008, unless extended by the Board of Directors. 116 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 302 shall not apply to U.S. EPA Phase II Certif ied wood burning heaters and pellet-fueled wood burning heaters provided the devices do not emit visible smoke. 208 U.S. EPA : The United States Envir onmental Protection Agency. 209 U.S. EPA Phase II Certified: Any appliance certified by the U.S. EPA to meet the performance and emission standards set forth in Title 40 CFR, Part 60, Subpart AAA. 302 Voluntary Curtailment: The requirements of this section shall be in effect during the burning season. The Air Pollution Control O fficer will declare a Voluntary Curtailment whenever he or she determines that the 24- hour average PM2.5 concentration may exceed 30 μ g/m 3 but is not likely to exceed 35 μ g/m 3

. 404 Notification of Expiration of Certified Wood Heaters and Pellet Stoves Exemption: The Air Pollution Control Officer will provide notice if the Section 115 exemption expires using the same methods identified in Section 401. Renumber existing Section 208 and 209 to 210 and 211

Additional rule language implementing Options 1.b. and 3

115 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 301 shall not apply to U.S. EPA Phase II Certif ied wood burning heaters and pellet-fueled wood burning heaters provided: 115.1 the devices do not emit visible smoke; and115.2 a Stage 1 Mandatory Curtailment is in effect. 116 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 302 shall not apply to U.S. EPA Phase II Certif ied wood burning heaters and pellet-fueled wood burning heaters provided the devices do not emit visible smoke. 208 U.S. EPA : The United States Envir onmental Protection Agency. 209 U.S. EPA Phase II Certified: Any appliance certified by the U.S. EPA to meet the performance and emission standards set forth in Title 40 CFR, Part 60, Subpart AAA. Amend Section 301.2 301.2 The Air Pollution Control Officer will decla re a Stage 1 Mandatory Curtailment whenever he or she determines that the 24-hour av erage PM2.5 concentration may exceed 35 μ g/m 3 but is not likely to exceed 40 μ g/m 3 301.3 The Air Pollution Control Officer will decla re a Stage 2 Mandatory Curtailment whenever he or she determines that the 24-hour av erage PM2.5 concentration may exceed 40 μ g/m 3

. 302 Voluntary Curtailment: The requirements of this section shall be in effect during the burning season. The Air Pollution Control O fficer will declare a Voluntary Curtailment whenever he or she determines that the 24- hour average PM2.5 concentration may exceed 30 μ g/m 3 but is not likely to exceed 35 μ g/m 3

. Renumber existing Section 208 and 209 to 210 and 211

Additional rule language implementing Options 1.b. and 4

115 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 301 and 302 shall not apply to U.S. EPA Phase II Certified wood burning heaters and pelletfueled wood burning heaters provided the dev ices do not emit visible smoke. 208 U.S. EPA : The United States Envir onmental Protection Agency. 209 U.S. EPA Phase II Certified: Any appliance certified by the U.S. EPA to meet the performance and emission standards set forth in Title 40 CFR, Part 60, Subpart AAA. 302 Voluntary Curtailment: The requirements of this section shall be in effect during the burning season. The Air Pollution Control Offi cer will declare a Voluntary Curtailment whenever he or she determines that the 24- hour average PM2.5 concentration may exceed 30 μ g/m 3 but is not likely to exceed 35 μ g/m 3

. Renumber existing Section 208 and 209 to 210 and 211

Additional rule language implementing Options 2.a and 3

115 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 301 shall not apply to U.S. EPA Phase II Certif ied wood burning heaters and pellet-fueled wood burning heaters provided: 115.1 the devices do not emit visible smoke; and 115.2 a Stage 1 Mandatory Curtailment is in effect. This exemption shall expire September 1, 2008, unless the Air Pollution Control Officer determines that the 98 th percentile of the PM2.5 concentrations from every Federal Reference Method sampler is 35 μg/m 3 or less for the period April 1, 2007 through March 31, 2008. 208 U.S. EPA : The United States Envir onmental Protection Agency.209 U.S. EPA Phase II Certified: Any appliance certified by the U.S. EPA to meet the performance and emission standards set forth in Title 40 CFR, Part 60, Subpart AAA. Amend Section 301.2 301.2 The Air Pollution Control Officer will decla re a Stage 1 Mandatory Curtailment whenever he or she determines that the 24-hour av erage PM2.5 concentration may exceed 35 μ g/m 3 but is not likely to exceed 40 μ g/m 3

. 301.3 The Air Pollution Control Officer will decla re a Stage 2 Mandatory Curtailment whenever he or she determines that the 24-hour av erage PM2.5 concentration may exceed 40 μ g/m 3

. 404 Notification of Expiration of Certified Wood Heaters and Pellet Stoves Exemption: The Air Pollution Control Officer will provide notice if the Section 115 exemption expires using the same methods identified in Section 401. Renumber existing Section 208 and 209 to 210 and 211

Additional rule language implementing Options 2.b and 3

115 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 301 shall not apply to U.S. EPA Phase II Certif ied wood burning heaters and pellet-fueled wood burning heaters provided: 115.1 the devices do not emit visible smoke; and 115.2 a Stage 1 Mandatory Curtailment is in effect. This exemption shall expire September 1, 2008, unless extended by the Board of Directors. 208 U.S. EPA : The United States Envir onmental Protection Agency. 209 U.S. EPA Phase II Certified: Any appliance certified by the U.S. EPA to meet the performance and emission standards set forth in Title 40 CFR, Part 60, Subpart AAA. Amend Section 301.2 301.2 The Air Pollution Control Officer will decla re a Stage 1 Mandatory Curtailment whenever he or she determines that the 24-hour av erage PM2.5 concentration may exceed 35 μ g/m 3 but is not likely to exceed 40 μ g/m 3 301.3 The Air Pollution Control Officer will decla re a Stage 2 Mandatory Curtailment whenever he or she determines that the 24-hour av erage PM2.5 concentration may exceed 40 μ g/m 3

. 404 Notification of Expiration of Certified Wood Heaters and Pellet Stoves Exemption: The Air Pollution Control Officer will provide notice if the Section 115 exemption expires using the same methods identified in Section 401. Renumber existing Section 208 and 209 to 210 and 211

Additional rule language implementing Options 1.a., 2.a and 3

115 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 301 shall not apply to U.S. EPA Phase II Certif ied wood burning heaters and pellet-fueled wood burning heaters provided: 115.1 the devices do not emit visible smoke; and 115.2 a Stage 1 Mandatory Curtailment is in effect. This exemption shall expire September 1, 2008, unless the Air Pollution Control Officer determines that the 98 th percentile of the PM2.5 concentrations from every Federal Reference Method sampler is 35 μg/m 3 or less for the period April 1, 2007 through March31, 2008. 116 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 302 shall not apply to U.S. EPA Phase II Certif ied wood burning heaters and pellet-fueled wood burning heaters provided the devices do not emit visible smoke. 208 U.S. EPA : The United States Envir onmental Protection Agency. 209 U.S. EPA Phase II Certified: Any appliance certified by the U.S. EPA to meet the performance and emission standards set forth in Title 40 CFR, Part 60, Subpart AAA. Amend Section 301.2 301.2 The Air Pollution Control Officer will decla re a Stage 1 Mandatory Curtailment whenever he or she determines that the 24-hour av erage PM2.5 concentration may exceed 35 μ g/m 3 but is not likely to exceed 40 μ g/m 3

. 301.3 The Air Pollution Control Officer will decla re a Stage 2 Mandatory Curtailment whenever he or she determines that the 24-hour av erage PM2.5 concentration may exceed 40 μ g/m 3

. 302 Voluntary Curtailment: The requirements of this section shall be in effect during the burning season. The Air Pollution Control O fficer will declare a Voluntary Curtailment whenever he or she determines that the 24- hour average PM2.5 concentration may exceed 25 μ g/m 3 but is not likely to exceed 35 μ g/m 3

. 404 Notification of Expiration of Certified Wood Heaters and Pellet Stoves Exemption: The Air Pollution Control Officer will provide notice if the Section 115 exemption expires using the same methods identified in Section 401. Renumber existing Section 208 and 209 to 210 and 211

Additional rule language implementing Options 1.a., 2.b and 3

115 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 301 shall not apply to U.S. EPA Phase II Certif ied wood burning heaters and pellet-fueled wood burning heaters provided: 115.1 the devices do not emit visible smoke; and 115.2 a Stage 1 Mandatory Curtailment is in effect. This exemption shall expire September 1, 2008, unless extended by the Board of Directors. 116 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 302 shall not apply to U.S. EPA Phase II Certif ied wood burning heaters and pellet-fueled wood burning heaters provided the devices do not emit visible smoke. 208 U.S. EPA : The United States Envir onmental Protection Agency. 209 U.S. EPA Phase II Certified: Any appliance certified by the U.S. EPA to meet the performance and emission standards set forth in Title 40 CFR, Part 60, Subpart AAA. Amend Section 301.2 301.2 The Air Pollution Control Officer will decla re a Stage 1 Mandatory Curtailment whenever he or she determines that the 24-hour av erage PM2.5 concentration may exceed 35 μ g/m 3 but is not likely to exceed 40 μ g/m 3 301.3 The Air Pollution Control Officer will decla re a Stage 2 Mandatory Curtailment whenever he or she determines that the 24-hour av erage PM2.5 concentration may exceed 40 μ g/m 3

. 302 Voluntary Curtailment: The requirements of this section shall be in effect during the burning season. The Air Pollution Control Offi cer will declare a Voluntary Curtailment whenever he or she determines that the 24- hour average PM2.5 concentration may exceed25 μ g/m 3 but is not likely to exceed 35 μ g/m 3

. 404 Notification of Expiration of Certified Wood Heaters and Pellet Stoves Exemption: The Air Pollution Control Officer will provide notice if the Section 115 exemption expires using the same methods identified in Section 401. Renumber existing Section 208 and 209 to 210 and 211

Additional rule language implementing Options 1.b., 2.a. and 3

115 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 301 shall not apply to U.S. EPA Phase II Certif ied wood burning heaters and pellet-fueled wood burning heaters provided: 115.1 the devices do not emit visible smoke; and 115.2 a Stage 1 Mandatory Curtailment is in effect. This exemption shall expire September 1, 2008, unless the Air Pollution Control Officer determines that the 98 th percentile of the PM2.5 concentrations from every Federal Reference Method sampler is 35 μg/m 3 or less for the period April 1, 2007 through March 31, 2008. 116 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 302 shall not apply to U.S. EPA Phase II Certif ied wood burning heaters and pellet-fueled wood burning heaters provided the devices do not emit visible smoke. 208 U.S. EPA : The United States Envir onmental Protection Agency. 209 U.S. EPA Phase II Certified: Any appliance certified by the U.S. EPA to meet the performance and emission standards set forth in Title 40 CFR, Part 60, Subpart AAA. Amend Section 301.2 301.2 The Air Pollution Control Officer will decla re a Stage 1 Mandatory Curtailment whenever he or she determines that the 24-hour av erage PM2.5 concentration may exceed 35 μ g/m 3 but is not likely to exceed 40 μ g/m 3

. 301.3 The Air Pollution Control Officer will decla re a Stage 2 Mandatory Curtailment whenever he or she determines that the 24-hour av erage PM2.5 concentration may exceed 40 μ g/m 3

. 302 Voluntary Curtailment: The requirements of this section shall be in effect during the burning season. The Air Pollution Control O fficer will declare a Voluntary Curtailment whenever he or she determines that the 24- hour average PM2.5 concentration may exceed 30 μ g/m 3 but is not likely to exceed 35 μ g/m 3

. 404 Notification of Expiration of Certified Wood Heaters and Pellet Stoves Exemption: The Air Pollution Control Officer will provide notice if the Section 115 exemption expires using the same methods identified in Section 401. Renumber existing Section 208 and 209 to 210 and 211

Additional rule language implementing Options 1.b., 2.b. and 3

115 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 301 shall not apply to U.S. EPA Phase II Certif ied wood burning heaters and pellet-fueled wood burning heaters provided: 115.1 the devices do not emit visible smoke; and 115.2 a Stage 1 Mandatory Curtailment is in effect.This exemption shall expire September 1, 2008, unless extended by the Board of Directors. 116 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 302 shall not apply to U.S. EPA Phase II Certif ied wood burning heaters and pellet-fueled wood burning heaters provided the devices do not emit visible smoke. 208 U.S. EPA : The United States Envir onmental Protection Agency. 209 U.S. EPA Phase II Certified: Any appliance certified by the U.S. EPA to meet the performance and emission standards set forth in Title 40 CFR, Part 60, Subpart AAA. Amend Section 301.2 301.2 The Air Pollution Control Officer will decla re a Stage 1 Mandatory Curtailment whenever he or she determines that the 24-hour av erage PM2.5 concentration may exceed 35 μ g/m 3 but is not likely to exceed 40 μ g/m 3 301.3 The Air Pollution Control Officer will decla re a Stage 2 Mandatory Curtailment whenever he or she determines that the 24-hour av erage PM2.5 concentration may exceed 40 μ g/m 3

. 302 Voluntary Curtailment: The requirements of this section shall be in effect during the burning season. The Air Pollution Control Offi cer will declare a Voluntary Curtailment whenever he or she determines that the 24- hour average PM2.5 concentration may exceed 30 μ g/m 3 but is not likely to exceed 35 μ g/m 3

. 404 Notification of Expiration of Certified Wood Heaters and Pellet Stoves Exemption: The Air Pollution Control Officer will provide notice if the Section 115 exemption expires using the same methods identified in Section 401. Renumber existing Section 208 and 209 to 210 and 211