BUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 207 August 22, 2002

Draft Amendmen t October 23, 2008
Second Draft Amendment December 4 , 2008 207

- 1 Rule 207 Residential Wood Burning Devices Combustion
(Adopted October 25, 2001; Recodified August 22, 2002 , Proposed draft amendment October 23 , 2008

, Proposed second draft amendment for adoption December 4 , 2008 )

RULE 207 CONTENTS

1. APPLICABILITY

2. DEFI NITIONS

3. REQUIREMENTS

4. EXEMPTIONS

5. TEST METHODS

6. DISTRICT

- APPROVED DEVICESBUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 207 August 22, 2002

Draft Amendmen t October 23, 2008
Second Draft Amendment December 4 , 2008 207

- 2 RULE 207

1 APPLICABILITY: This Rule shall apply within the boundaries of Butte County to any person who owns, operates, installs, builds, inspects, se lls or offers for sale a wood burning device

. for any dwelling unit as defined herein

.

2 DEFINITIONS

Accessory Building means any building that is not a residence, commercial building or public building as defined by this rule, but is located on property

w hich contains a residence, commercial building or public building as the primary structure.

Coal means any of the natural, rocklike, burnable solid, brown to black

derivatives of forest

- type plant material usually accumulated in peat beds, including anthr acite, bituminous, and lignite varieties.

Commercial Building means a building, or portion thereof used a s a place

of business or commerce

.

Consumer means any person other than a distributor or a retailer who buys a wood burning device.

Dwelling Unit means any building or portion thereof, which contains living facilities, including provisions for sleeping, eating, cooking and sanitation. For the purpose of this Rule, dwelling unit includes single and multi

- family residences, mobile and/or modular homes , hotels, motels and other similar occupancies.

EPA means the United States Environmental Protection Agency.

EPA

- accredited laboratory means a laboratory as specified by Title 40, Code of Federal Regulations, Subpart AAA (Standards of Performance for

New Residential Wood Heaters), Section 60.535

EPA

- Certified Wood Burning Device means any wood burning device that meets the performance and emission standards set forth in Part 60, Title 40, Subpart AAA Code of Federal Regulations, February 26, 1988.

Free standing Fireplace means any wood burning device other than a wood heater that is not inset into the walls of a structure, and vents smoke via a flue pipe through the wall or roof of the structure.

Fireplace means any permanently installed masonry or fact ory built woodBUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 207 August 22, 2002

Draft Amendmen t October 23, 2008
Second Draft Amendment December 4 , 2008 207

- 3 burning device with an open front or glass door and which does not meet the

definition of a wood heater.

Fireplace Insert means any wood heater designed to be installed in an existing masonry or factory

- built fireplace.

Garbage means all s olid, semisolid, and liquid wastes generated from residential, commercial, and industrial sources, including trash, refuse, rubbish, industrial wastes, asphaltic products, manure, vegetable or animal matter, and other discarded solid and semisolid wastes w hich have not been sorted and recycled for use in wood combustion devices.

Gas

- Fired Fireplace means any device dedicated to burn natural or liquified petroleum gas as its fuel through a ceramic, or otherwise noncombustible gas log, and which cannot be co nverted to a wood burning

device.

Interior Space means any indoor area which is designed and used for human occupancy.

Manufacturer means any person who constructs or imports a woodburning

device.

Manufactured L ogs mean s compressed or extruded log shap ed product s designed for use in Fireplaces or Wood Burning Heaters as solid fuel that are comprised of recycled bio mass and/or wood fibers, which may include a combustible organic or petroleum wax binder material in the product composition.

Oregon

- Certif ied means any wood heater meeting the performance and emission standards set forth in Sections 100 through 190 of Chapter 340, Division 21, Oregon Administrative Rules.

Paints means all exterior and interior house and trim paints, enamels, varnishes, lacq uers, stains, primers, sealers, undercoaters, roof coatings, wood preservatives, shellacs, and other paints or paint

- like products.

Paint Solvents means all organic solvents sold or used to thin paints or to clean up painting equipment.

Pellet

- Fueled Woo d Heaters are devices that burn pellet fuel exclusively, and are either United States Environmental Protection Agency (EPA)

- Certified or exempted under EPA requirements set forth in Part 60, Title 40, Subpart AAA, Code of Federal Regulations, February 26, 1988.

Permanently Inoperable means modified in such a way that a device canBUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 207 August 22, 2002

Draft Amendmen t October 23, 2008
Second Draft Amendment December 4 , 2008 207

- 4 no longer operate as a wood burning device heater

.

Person means any person, firm, association, organization, partnership, business trust, corporation, company, contractor, supplie r, installer, user, owner, State or local governmental agency or public district, or any officer or employee thereof.

Petroleum Product means any petroleum product other than gaseous fuels.

Plastic Product mean any material that contains any of numerous organic synthetic or processed materials that are mostly thermoplastic or thermosetting polymers of high molecular weight and that can be made into objects, films, or filaments.

Public Building means any building where access by the general public is

all owed.

Residence means any address at which person(s) dwell more than temporarily

.

Retailer means any person engaged in the sale of wood burning devices directly to the consumer.

Rubber Products means any material either natural or synthetic, which can be stretched at room temperature to at least twice its original length and, immediately upon release of the stress, returns with force to its approximate original length.

Seasoned Wood means any wood that has been sufficiently dried so as to contain 20 p ercent or less moisture by weight.

Treated Wood means wood of any species that has been chemically impregnated, painted, or similarly modified to improve resistance to insects or weathering.

Used Wood Heater means any wood heater that has been sold and/o r used at least once, except wood heaters that have been used by retailers for the purpose of demonstration.

Wood Composition Products means plywood, particle board, masonite or any other manufactured wood product containing chemical adhesives, bonding ag ents, or any other non

- wood material.

Wood

- fired Outdoor Boiler means any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoor for the purpose of combustion of wood fuel, including devices which may burnBUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 207 August 22, 2002

Draft Amendmen t October 23, 2008
Second Draft Amendment December 4 , 2008 207

- 5 oth er fuels, to produce heat or energy used as a component of a heating system designed or operated to provide heat or hot water for any interior

space.

Wood Burning Cookstove means a wood burning appliance designed primarily for cooking food, with a separa te oven for cooking or baking which is contained in, and is an integral part of, the body of the appliance.

Wood Burning Device means any fireplace, free standing fireplace, fireplace insert, wood stove, or other wood heater, that burns wood or any

other nongaseous or nonliquid fuels, or any similar device burning any wood used for aesthetic or space

- heating purposes in a ny interior space private residence or commercial establishment , having a heat input less than one million British thermal units per hour

.

Wood Heater means an enclosed, wood

- burning appliance capable of and intended for space heating that meets all of the following criteria:

2.29.1 An air

- to

- fuel ratio in the combustion chamber averaging less than

35

- to

- 1 as determined by tests specified in Section 6.1.

2.29.2 A usable firebox volume less than 20 cubic feet.

2.29.3 A minimum burn rate less than 5 kg/hr.

2.29.4 A maximum weight of less than 800 kg. For the purpose of this Rule, fixtures and devices that are normally sold separately, such as flue pipe, chimne y and masonry components that are not an integral part of the appliance or heat distribution ducting do not count as part of the appliance weight.

2.30 Zero Clearance Fireplace means any factory

- built fireplace designed to be

installed into wood

- frame con struction.

3 REQUIREMENTS

3.1 Public Awareness Requirements

3.1.1 Each retailer shall supply public awareness information with each sale of a wood burning device in the form of pamphlets, brochures or factsheets on the following topics:

3.1.1.1 Proper operation and maintenance of wood heaters;

3.1.1.2 Proper sizing of wood heaters;

3.1.1.3 Proper fuel selection and use and the importance of using seasoned wood or manufactured logs ; 3.1.1.4 Weatherization methods for the home;

3.1.1.5 Proper fuel st orage to maintain low moisture content;

3.1.1.6 Health benefits from low

- emission wood burning

devices.

3.1.2 Retailers may use pamphlets prepared by the Butte County Air Quality Management District (D ISTRICT) , the California AirBUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 207 August 22, 2002

Draft Amendmen t October 23, 2008
Second Draft Amendment December 4 , 2008 207

- 6 Resources Board, or industry, subject to the Air Pollution Control Officer's (APCO) approval.

3.2 Installation of Wood Burning Devices in New or Existing Dwelling

Units

3.2.1 No wood burning device for which a building permit application is

submitted on or after October 25, 2001 December 1 1, 2008 may be installed in any new or existing interior space dwelling unit unless it

is a D ISTRICT

- approved device as defined in Section 6.1 of this

Rule.

3.2.2 An inspection by the APCO or his designee shall be performed upon completion of the installation, o r prior to issuance of final approval

for any new dwelling unit(s), to verify that all wood burning devices

installed are D ISTRICT

- approved devices as defined in Section 6.1.

3.3 Installation of Wood

- fired Outdoor Boilers Effective December 11, 2008 n o person shall install a wood

- fired boiler to provide heat for any residential, commercial or public building or accessory building unless the unit has been certified to meet the standards established

in EPA ’ s Outdoor Wood

- fired Hydronic Heater Programs or equival ent as approved in writing by the APCO

.

3.3 3.4 Sale and Installation of Used Wood Burning Devices: Effective October 25, 2001 no person shall sell, advertise or offer for sale, supply, install, or transfer ownership of a used wood burning device unless it has b een rendered permanently inoperable, or is either EPA

- Certified, Oregon

Certified, a Pellet

- Fueled Wood Heater, or other D ISTRICT

- approved

device as defined in Section 6.1.

3.4 3.5 Prohibited Fuel Types

3.5.1 No person shall cause or allow the burning of any of the fo llowing

materials other than firewood or other wood or plant products designed and marketed specifically for use as a fuel in wood burning

devices.

3.5.1 3.5.2 Prohibited fuel types include but are not limited to in a wood burning device:

3.5.1.1 3.5.2.1 Garbage;

3.5.1.2 3.5.2.2 Treated wood or wo od composition products;

3.5.1.3 3.5.2.3 Plastic products;

3.5.1.4 3.5.2.4 Rubber products;

3.5.1.5 3.5.2.5 Petroleum products, including tar or tar paper;

3.5.1.6 3.5.2.6 Paints and paint solvents;

3.5.1.7 3.5.2.7 Coal;

3.5.1.8 3.5.2.8 Other material which may produce noxious odors or toxic compounds when burned.

3.4.2 This provision shall no t apply to firewood or other wood or plantBUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 207 August 22, 2002

Draft Amendmen t October 23, 2008
Second Draft Amendment December 4 , 2008 207

- 7 products designed and marketed specifically for use as a fuel in wood burning devices.

4 EXEMPTIONS

4.1 Wood burning cookstoves, wood burning furnaces

, wood burning boilers and other wood burning devices not spe cifically defined herein are exempt from the requirements of this Rule.

4.2 Wood burning devices classified as antique or having historical significance may be exempted from the requirements of this Rule by APCO upon presentation of evidence that they qualify as an antique or historically significant device.

4.3 Wood burning devices sold as appurtenances to real property in an escrow transaction shall be exempt from the provisions of Section 3. 3 4 of this Rule.

5 TEST METHODS

5.1 The standard for determining air/fuel ratios and emissions testing where

allowed under Section 6.1.2 and 6.1.3 below for wood heater combustion is EPA's test procedure set forth in Part 60.534, Title 40, Code of Federal Regulations.

5.2 Wood moisture content shall be measured by the Amer ican Society for Testing and Materials (ASTM) Methods D 2016

- 74, D4442

- 84, or other test method as specified by the APCO.

6 DISTRICT

- APPROVED DEVICES

6.1 D ISTRICT

- approved devices for installation in new and existing interior

spaces dwelling units shall i nclude the following:

6.1.1 All EPA

- Certified Phase II wood burning devices;

6.1.2 Catalytic wood burning devices which emit less than or equal to 4.1 grams per hour of particulate matter which are not EPA

Certified but meet the documentation requirements defined in Section 6.2 below;

6.1.3 Non

- catalytic wood burning devices which emit less than or equal to 7.5 grams per hour of particulate matter which are not U.S.

EPA

- Certified but meet the documentation requirements defined in Section 6.2 below;

6.1.4 The total number of wo od burning devices allowed for any interior

space is limited to a cumulative maximum of 7.5 grams per hour of particulate matter emissions for all devices.

6.1.4 6.1.5 Pellet

- fueled woodheaters;BUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 207 August 22, 2002

Draft Amendmen t October 23, 2008
Second Draft Amendment December 4 , 2008 207

- 8 6.1.5 6.1.6 Dedicated gas

- fired fireplaces.

6.2 The APCO shall maintain a current list o f approved wood burning devices. The APCO shall update and/or add new wood burning devices to this list upon completion of review and verification of the following information for

each device under consideration:

6.2.1 A dated letter from an EPA

- accredited labo ratory which includes:

6.2.1.1 Product model identification;

6.2.1.2 Date(s) of emissions testing and test method used;

6.2.1.3 Explanation of the reason why the product was exempted from EPA certification or is classified as a nonaffected facility;

6.2.1.4 Listing of the grams/hour particulate emission rate for

the model tested.

6.2.2 Documentation of the quality assurance program used by the

manufacturer to ensure that tolerances and materials used in the

model line under consideration are the same as those used for the

tested device. Li sting by a nationally

- recognized testing lab shall be deemed adequate to satisfy this requirement.

6.2.3 Documentation of the warranty coverage provided for the product

model.

6.2.4 A copy of the owner’s manual for the product model.

6.3 Devices approved as clean

- burn by other air quality agencies may be added

to the list of D ISTRICT

- approved devices at the discretion of the APCO.