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 μg/m3. 

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 stations 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 shall 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 specified 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 for EPA certified devices and EPA exempt 

pellet stoves and inserts that do not produce visible smoke. 

a. Set range between 25 μg/m3 – 35 μg/m3

b. Set range between 30 μg/m3 – 35 μg/m3

2. Add a 1 year exemption from the mandatory no-burn rule for EPA certified 

devices and pellet stoves and 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/m3

.

4. Add an exemption from the mandatory no-burn rule for EPA certified 

devices and pellet stoves and 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 Certified wood burning heaters and pellet-fueled wood 

burning heaters provided the devices do not emit visible smoke. 

208 U.S. EPA: The United States Environmental 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 Officer will declare a Voluntary Curtailment 

whenever he or she determines that the 24-hour average PM2.5 concentration may exceed 

25 μg/m3 but is not likely to exceed 35 μg/m3. 

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 Certified wood burning heaters and pellet-fueled wood 

burning heaters provided the devices do not emit visible smoke. 

208 U.S. EPA: The United States Environmental 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 Officer will declare a Voluntary Curtailment 

whenever he or she determines that the 24-hour average PM2.5 concentration may exceed 

30 μg/m3 but is not likely to exceed 35 μg/m3. 

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 Certified 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 98th

percentile of the PM2.5 concentrations from every Federal Reference Method sampler is 35 

μg/m3 or less for the period April 1, 2007 through March 31, 2008. 

208 U.S. EPA: The United States Environmental 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 Certified 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 Environmental 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 Certified 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 Environmental 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 declare a Stage 1 Mandatory Curtailment whenever he 

or she determines that the 24-hour average PM2.5 concentration may exceed 35 μg/m3 but 

is not likely to exceed 40 μg/m3

301.3 The Air Pollution Control Officer will declare a Stage 2 Mandatory Curtailment whenever he 

or she determines that the 24-hour average PM2.5 concentration may exceed 40 μg/m3. 

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 Certified wood burning heaters and pellet-fueled wood 

burning heaters provided the devices do not emit visible smoke. 

208 U.S. EPA: The United States Environmental 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 combination with each other. Staff have identified 

representative combinations below, but the Board of Directors may identify and approve another 
combination 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 Certified 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 98th

percentile of the PM2.5 concentrations from every Federal Reference Method sampler is 35 

μg/m3 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 Certified wood burning heaters and pellet-fueled wood 

burning heaters provided the devices do not emit visible smoke. 

208 U.S. EPA: The United States Environmental 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 Officer will declare a Voluntary Curtailment 

whenever he or she determines that the 24-hour average PM2.5 concentration may exceed 

25 μg/m3 but is not likely to exceed 35 μg/m3. 

 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 Certified 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 Certified wood burning heaters and pellet-fueled wood 

burning heaters provided the devices do not emit visible smoke. 

208 U.S. EPA: The United States Environmental 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 Officer will declare a Voluntary Curtailment 

whenever he or she determines that the 24-hour average PM2.5 concentration may exceed 

25 μg/m3 but is not likely to exceed 35 μg/m3. 

 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 3

115 Exemption – Certified Wood Heaters and Pellet Stoves: The provisions of Section 301 

shall not apply to U.S. EPA Phase II Certified 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 Certified wood burning heaters and pellet-fueled wood 

burning heaters provided the devices do not emit visible smoke. 

208 U.S. EPA: The United States Environmental 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 declare a Stage 1 Mandatory Curtailment whenever he 

or she determines that the 24-hour average PM2.5 concentration may exceed 35 μg/m3 but 

is not likely to exceed 40 μg/m3

301.3 The Air Pollution Control Officer will declare a Stage 2 Mandatory Curtailment whenever he 

or she determines that the 24-hour average PM2.5 concentration may exceed 40 μg/m3. 

302 Voluntary Curtailment: The requirements of this section shall be in effect during the 

burning season. The Air Pollution Control Officer will declare a Voluntary Curtailment 

whenever he or she determines that the 24-hour average PM2.5 concentration may exceed 

25 μg/m3 but is not likely to exceed 35 μg/m3. 

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 devices do not emit visible smoke. 

 208 U.S. EPA: The United States Environmental 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 Officer will declare a Voluntary Curtailment 

whenever he or she determines that the 24-hour average PM2.5 concentration may exceed 

25 μg/m3 but is not likely to exceed 35 μg/m3. 

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 Certified 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 98th

percentile of the PM2.5 concentrations from every Federal Reference Method sampler is 35 

μg/m3 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 Certified wood burning heaters and pellet-fueled wood 

burning heaters provided the devices do not emit visible smoke. 

208 U.S. EPA: The United States Environmental 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 Officer will declare a Voluntary Curtailment 

whenever he or she determines that the 24-hour average PM2.5 concentration may exceed 

30 μg/m3 but is not likely to exceed 35 μg/m3. 

 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 Certified 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 Certified wood burning heaters and pellet-fueled wood 

burning heaters provided the devices do not emit visible smoke. 

208 U.S. EPA: The United States Environmental 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 Officer will declare a Voluntary Curtailment 

whenever he or she determines that the 24-hour average PM2.5 concentration may exceed 

30 μg/m3 but is not likely to exceed 35 μg/m3. 

 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 Certified 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 Certified wood burning heaters and pellet-fueled wood 

burning heaters provided the devices do not emit visible smoke. 

208 U.S. EPA: The United States Environmental 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 declare a Stage 1 Mandatory Curtailment whenever he 

or she determines that the 24-hour average PM2.5 concentration may exceed 35 μg/m3 but 

is not likely to exceed 40 μg/m3

301.3 The Air Pollution Control Officer will declare a Stage 2 Mandatory Curtailment whenever he 

or she determines that the 24-hour average PM2.5 concentration may exceed 40 μg/m3. 

302 Voluntary Curtailment: The requirements of this section shall be in effect during the 

burning season. The Air Pollution Control Officer will declare a Voluntary Curtailment 

whenever he or she determines that the 24-hour average PM2.5 concentration may exceed 

30 μg/m3 but is not likely to exceed 35 μg/m3. 

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 devices do not emit visible smoke. 

 208 U.S. EPA: The United States Environmental 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 Officer will declare a Voluntary Curtailment 

whenever he or she determines that the 24-hour average PM2.5 concentration may exceed 

30 μg/m3 but is not likely to exceed 35 μg/m3. 

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 Certified 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 98th percentile of the PM2.5 concentrations from every Federal 

Reference Method sampler is 35 μg/m3 or less for the period April 1, 2007 through March 

31, 2008. 

208 U.S. EPA: The United States Environmental 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 declare a Stage 1 Mandatory Curtailment whenever he 

or she determines that the 24-hour average PM2.5 concentration may exceed 35 μg/m3 but 

is not likely to exceed 40 μg/m3. 

301.3 The Air Pollution Control Officer will declare a Stage 2 Mandatory Curtailment whenever he 

or she determines that the 24-hour average PM2.5 concentration may exceed 40 μg/m3. 

 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 Certified 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 Environmental 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 declare a Stage 1 Mandatory Curtailment whenever he 

or she determines that the 24-hour average PM2.5 concentration may exceed 35 μg/m3 but 

is not likely to exceed 40 μg/m3

301.3 The Air Pollution Control Officer will declare a Stage 2 Mandatory Curtailment whenever he 

or she determines that the 24-hour average PM2.5 concentration may exceed 40 μg/m3. 

 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 Certified 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 98th percentile of the PM2.5 concentrations from every Federal 

Reference Method sampler is 35 μg/m3 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 Certified wood burning heaters and pellet-fueled wood 

burning heaters provided the devices do not emit visible smoke. 

208 U.S. EPA: The United States Environmental 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 declare a Stage 1 Mandatory Curtailment whenever he 

or she determines that the 24-hour average PM2.5 concentration may exceed 35 μg/m3 but 

is not likely to exceed 40 μg/m3. 

301.3 The Air Pollution Control Officer will declare a Stage 2 Mandatory Curtailment whenever he 

or she determines that the 24-hour average PM2.5 concentration may exceed 40 μg/m3. 

302 Voluntary Curtailment: The requirements of this section shall be in effect during the 

burning season. The Air Pollution Control Officer will declare a Voluntary Curtailment 

whenever he or she determines that the 24-hour average PM2.5 concentration may exceed 

25 μg/m3 but is not likely to exceed 35 μg/m3. 

 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 Certified 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 Certified wood burning heaters and pellet-fueled wood 

burning heaters provided the devices do not emit visible smoke. 

208 U.S. EPA: The United States Environmental 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 declare a Stage 1 Mandatory Curtailment whenever he 

or she determines that the 24-hour average PM2.5 concentration may exceed 35 μg/m3 but 

is not likely to exceed 40 μg/m3

301.3 The Air Pollution Control Officer will declare a Stage 2 Mandatory Curtailment whenever he 

or she determines that the 24-hour average PM2.5 concentration may exceed 40 μg/m3. 

302 Voluntary Curtailment: The requirements of this section shall be in effect during the 

burning season. The Air Pollution Control Officer will declare a Voluntary Curtailment 

whenever he or she determines that the 24-hour average PM2.5 concentration may exceed 
25 μg/m3 but is not likely to exceed 35 μg/m3. 

 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 Certified 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 98th percentile of the PM2.5 concentrations from every Federal 

Reference Method sampler is 35 μg/m3 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 Certified wood burning heaters and pellet-fueled wood 

burning heaters provided the devices do not emit visible smoke. 

208 U.S. EPA: The United States Environmental 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 declare a Stage 1 Mandatory Curtailment whenever he 

or she determines that the 24-hour average PM2.5 concentration may exceed 35 μg/m3 but 

is not likely to exceed 40 μg/m3. 

301.3 The Air Pollution Control Officer will declare a Stage 2 Mandatory Curtailment whenever he 

or she determines that the 24-hour average PM2.5 concentration may exceed 40 μg/m3. 

302 Voluntary Curtailment: The requirements of this section shall be in effect during the 

burning season. The Air Pollution Control Officer will declare a Voluntary Curtailment 

whenever he or she determines that the 24-hour average PM2.5 concentration may exceed 

30 μg/m3 but is not likely to exceed 35 μg/m3. 

 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 Certified 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 Certified wood burning heaters and pellet-fueled wood 

burning heaters provided the devices do not emit visible smoke. 

208 U.S. EPA: The United States Environmental 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 declare a Stage 1 Mandatory Curtailment whenever he 

or she determines that the 24-hour average PM2.5 concentration may exceed 35 μg/m3 but 

is not likely to exceed 40 μg/m3

301.3 The Air Pollution Control Officer will declare a Stage 2 Mandatory Curtailment whenever he 

or she determines that the 24-hour average PM2.5 concentration may exceed 40 μg/m3. 

302 Voluntary Curtailment: The requirements of this section shall be in effect during the 

burning season. The Air Pollution Control Officer will declare a Voluntary Curtailment 

whenever he or she determines that the 24-hour average PM2.5 concentration may exceed 

30 μg/m3 but is not likely to exceed 35 μg/m3. 

 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