SACRAMENTO METROPOLITAN AQMD RULES AND REGULA TIONS

September 24, 2009 October 25, 2007 421-1

RULE 421 – MANDATORY EPISODIC CURTAILMENT OF WOOD A ND OTHER
SOLID FUEL BURNING Adopted 10-25-07 (Amended 9-24-09)

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
115 EXEMPTION – CERTIFIED WOOD HEATERS AND PELLET S TOVES
116 EXEMPTION – CERTIFIED WOOD HEATERS AND PELLET S TOVES

200 DEFINITIONS
201 COOKSTOVE
202 FIRE
203 FIREPLACE
204 PELLET-FUELED WOOD BURNING HEATER
205 SEASON
206 SOLE SOURCE
207 SOLID FUEL
208 U.S. EPA
209 U.S. EPA PHASE II CERTIFIED
210 WOOD BURNING DEVICE
211 WOOD BURNING HEATER

300 STANDARDS
301 MANDATORY CURTAILMENT
302 VOLUNTARY CURTAILMENT

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

500 MONITORING AND RECORDS (NOT INCLUDED)SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS

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September 24, 2009 October 25, 2007 421-3 100 GENERAL

101 PURPOSE: To limit emissions of particulate matter to the a tmosphere 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 o rder that any provision of this rule is invalid, it is the intent of the Board of D irectors of the District that other provisions of
this rule remain in full force and affect to the ex tent allowed by law.

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

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

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

113 EXEMPTION – RELIGIOUS ACTIVITY: The provisions of this rule shall not apply to fi res 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.

115 EXEMPTION – CERTIFIED WOOD HEATERS AND PELLET STOVE S: The provisions of

Section 301 shall not apply to U.S. EPA Phase II Ce rtified wood burning heaters and pelletfueled wood burning heaters provided: 115.1 the devices do not emit visible smoke; and 115.2 a Stage 1 Mandatory Curtailment is in effec t.

116 EXEMPTION – CERTIFIED WOOD HEATERS AND PELLET STOVE S: The provisions of

Section 302 shall not apply to U.S. EPA Phase II Ce rtified wood burning heaters and pelletfueled wood burning heaters provided the devices do not emit visible smoke.

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) S ection 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 buil t 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 mate rial.

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

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

207 SOLID FUEL: Any wood, non-gaseous, or non-liquid fuel.SACRAMENTO METROPOLITAN AQMD RULES AND REGULAT IONS

421-4 September 24, 2009 October 25, 2007 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 t he performance and emission standards set forth in Tit le 40 CFR, Part 60, Subpart AAA.

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

211 WOOD BURNING HEATER: An enclosed, wood burning appliance capable of, a nd intended for space heating as described in Title 40 CFR Sect ion 60.531 (e.g., wood stove or fireplace insert).

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 b urning device when a Mandatory
Curtailment is in effect.
301.2 The Air Pollution Control Officer will declar e a Stage 1 Mandatory Curtailment
whenever he or she determines that the 24-hour aver age PM2.5 concentration may
exceed 31 35 μ g/m 3 but is not likely to exceed 35 40 μ g/m 3

. 301.3 The Air Pollution Control Officer will declar e a Stage 2 Mandatory Curtailment
whenever he or she determines that the 24-hour aver age PM2.5 concentration may
exceed 35 40 μ g/m 3

.

302 VOLUNTARY CURTAILMENT: The requirements of this section shall be in effe ct during the burning season. The Air Pollution Control Officer will declare a Voluntary Curtailment
whenever he or she determines that the 24-hour aver age PM2.5 concentration may exceed

25 μ g/m 3 but is not likely to exceed 31 3 5 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 te lephone number is published in the telephone directory or newspapers of general circul ation within Sacramento County. 401.2 Messages posted on the District Web site, ww w.AirQuality.org , and the Spare The Air Web site, www.SpareTheAir.com

. 401.3 Electronic mail messages to persons or entiti es that have requested electronic notice and provided accurate address information. The Dis trict 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 opera ting 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 p ay an administrative civil penalty of $50 or

shall complete and pass 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.SACRAMENTO METROPOLITAN AQMD RULES AND REGULATI ONS

September 24, 2009 October 25, 2007 421-5

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 wai ver 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 b y anyone requesting a waiver.

403.1 Application Information: The application must state the compelling reason fo r 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 persons livi ng 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; g. Identification of all wood burning devices bein g used;
h. Estimate of the amount of wood or other solid f uel that will be burned on a

Mandatory No Burn day; i. Certification by the applicant that the informa tion contained in the application

is accurate to the best of their knowledge under pe nalty of perjury under the laws of the State of California; and j. Other information requested by the Air Pollutio n Control Officer.

403.2 Waiver Approval Process: Before granting the waiver, the Air Pollution Contr ol

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 applic ation. If the Air Pollution Control Officer does not respond, the request is de emed denied. The Air
Pollution Control Officer’s decision is final. b. The waiver is only valid for one season. A per son must apply for a waiver

each season. c. The Air Pollution Control Officer may rescind t he granting of a waiver at any

time if an adverse impact is identified, or if info rmation relied upon to grant
the waiver is incorrect.SACRAMENTO METROPOLITAN AQMD RULES AND REGULAT IONS

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