SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 

Draft Final Staff Report 

Proposed Amended Rule 445 – Wood-Burning Devices 

Proposed Amended Rule 444 – Open Burning 

May April 2013 

Deputy Executive Officer 

Planning, Rule Development and Area Sources 

Elaine Chang, DrPH 

Assistant Deputy Executive Officer 

Planning, Rule Development and Area Sources 

Laki Tisopulos, Ph.D., P.E. 

Assistant Deputy Executive Officer 

Science and Technology Advancement 

Philip Fine, Ph.D. 

AUTHORS: 

Michael Laybourn - Air Quality Specialist 

Tracy A. Goss, P.E., Program Supervisor 

Technical Assistance: 

Shah Dabirian - Air Quality Specialist 

James Koizumi - Air Quality Specialist 

REVIEWED BY: 

John Olvera - Principal Deputy District Counsel 

Megan Lorenz – Senior Deputy District Counsel 
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 

GOVERNING BOARD 

Chairman: DR. WILLIAM A. BURKE 

 Speaker of the Assembly Appointee 

Vice Chairman: DENNIS YATES 

 Mayor, Chino 

 Cities of San Bernardino County 

MEMBERS: 

MICHAEL D. ANTONOVICH Supervisor, Fifth District 

County of Los Angeles 

BEN BENOIT 

Councilmember, Wildomar 

Cities of Riverside County 

JOHN J. BENOIT 

Supervisor, Fourth District 

County of Riverside 

MICHAEL A. CACCIOTTI 

Councilmember, South Pasadena 

Cities of Los Angeles County/Eastern Region 

JOSIE GONZALES 

Supervisor, Fifth District 

County of San Bernardino 

JOSEPH K. LYOU, Ph. D. 

Governor’s Appointee 

JUDITH MITCHELL 

Mayor Pro Tem, Rolling Hills Estates 

Cities of Los Angeles County/Western Region 

SHAWN NELSON 

Supervisor, Fourth District 

County of Orange 

DR. CLARK E. PARKER, SR. 

Senate Rules Appointee 

JAN PERRY 

Councilwoman, 9th District 

City of Los Angeles Representative 

MIGUEL A. PULIDO 

Mayor, Santa Ana 

Cities of Orange County 

EXECUTIVE OFFICER: 

BARRY R. WALLERSTEIN, D.Env. 

 
i 

TABLE OF CONTENTS 

Executive Summary ...............................................................................................1 

Background ............................................................................................................2

Description of Source Category ...........................................................................3 

Summary of Public Process ...................................................................................6 

Air Quality Standards ...........................................................................................6 

PM2.5 Air Quality in the South Coast Air Basin ................................................7

Health Effects from Fine Particulate Matter ......................................................8 

Purpose and Applicability ...................................................................................10 

Legal Authority ....................................................................................................11 

Summary of Proposed Amendments to Rule 445 .............................................11 

Summary of Proposed Amendments to Rule 444 .............................................14 

Emissions Inventory ............................................................................................15

Emission Reductions ............................................................................................15 

Cost Effectiveness ................................................................................................16 

California Environmental Quality Act ..............................................................16 

Socioeconomic Assessment ..................................................................................17 

Post Rule Adoption Outreach .............................................................................18 

Findings Under the Health and Safety Code .....................................................19 

Conclusions and Recommendations ..................................................................20 

References .............................................................................................................22

APPENDIX A – List of Comments and Responses ...................................... A-1

APPENDIX B – Rule 445 Frequently Asked Questions ................................ B-1

List of Figures 

Figure 1 – Relative Emissions from Various Heating Sources ..........................5 

Figure 2 – PM2.5 Monitoring Stations .................................................................7 

Figure 3 – PM2.5 Seasonal Variation, 2011 .........................................................8 

Figure 4 – South Coast Air Basin Boundaries...................................................11

List of Tables 

Table 1 – Beach Fire Pits .......................................................................................5

Table 2 – Summary of Particulate Standards .....................................................7 

Table 3 – Average Winter Emissions from Residential Wood Combustion ...15 

Table 4 – Average Annual Emissions from Open Burning Sources ...............15 

Table 5 – Comparison of PAR 445/444 and Other AQMD Rules ...................22 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District 1 MayApril 2013

Note to Reader: 

Changes made to Draft Staff Report released on April 3, 2013 

are denoted with double underline and double strike out. 

EXECUTIVE SUMMARY 

Residents of the South Coast Air Basin (Basin) are exposed to some of the highest ambient 

concentrations in the nation of PM10 and PM2.5, collectively referred to as particulate matter 

or PM. Although smoke from biomass burning (firewood and open burning) is not the 

largest source of the region’s fine particulate pollution, it is one of the last largely 

uncontrolled source of particulates, and air quality modeling indicates that significant air 

quality improvements can be achieved by reducing these emissions on an episodic basis 

(AQMD, 2012). Studies also continue to show the importance of reducing public exposure 

to PM, including biomass smoke (U.S. EPA, 2009). This is reflected in the U.S. EPA’s 

recent decision to lower the PM2.5 annual standard from 15 to 12 μg/m3 to be more health 

protective (c.f. 78 FR 3,086-3,287, National Ambient Air Quality Standards for Particulate 

Matter, dated January 15, 20131). Based on these air quality conditions and state and federal 

mandates, the 2012 Air Quality Management Plan (AQMP) focused on measures to attain the 

federal 24-hour PM2.5 standard of 35 μg/m3 and thus included control measures intended to 

further reduce PM emissions from residential wood combustion (BCM-01) and open burning 

sources (BCM-02).2 The proposed amendments to Rule 445 (Wood-Burning Devices) and 

Rule 444 (Open Burning) are intended to implement these 2012 AQMP control measures to 

aid in achievement of the 24-hour PM2.5 standard and to protect public health by reducing 

exposure of potentially high concentrations of wood smoke. In addition, AQMD staff has 

recently learned of resident’s concern regarding adverse health effects and loss of enjoyment 

associated with open burning at beaches and proposes to prohibit burning of wood and other 

biomass fuels at beaches effective January 1, 2015. Under PAR 444 a city or county could, 

though formal action, make the prohibition effective sooner than January 1, 2015. 

PAR 445 

One element of the 2012 AQMP residential wood combustion control measure BCM-01 

included proposed changes to the threshold used to forecast no burn days. Specifically, 

proposed amended rule (PAR) 445 lowers the PM2.5 forecast threshold used to declare a 

mandatory winter burning curtailment from 35 μg/m3

 (current federal PM2.5 24-hour 

standard) to 30 μg/m3

. Similar thresholds are used in the Bay Area and Sacramento 

Metropolitan AQMD’s wood smoke policies and regulations, and the lower value provides a 

margin of safety given the uncertainties associated with air quality forecasts. PAR 445 

would also establish a Basin-wide winter burning curtailment whenever a PM2.5 level of 

greater than 30 μg/m3 is forecast at any monitoring station which has recorded violations of 

the federal 24-hour PM2.5 standard in either of the previous two years. PAR 445 also 

requires commercial firewood or other wood-based fuel sellers to notify the public of the 

AQMD’s Check Before You Burn program through a labeling program. Additional Rule 445 

amendments are proposed to increase rule clarity. 

It is anticipated that there may be an increase of up to 20 no-burn days with this lower 

threshold, although continued air quality improvements will reduce the frequency and 

 

1

 http://www.gpo.gov/fdsys/pkg/FR-2013-01-15/pdf/2012-30946.pdf 

2

 Control Measure #2012 BCM-01, http://www.aqmd.gov/aqmp/2012aqmp/DraftFinal/appIV-A.pdf - page IV-A-17 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District 2 MayApril 2013

geographical extent of no-burn days as the Basin approaches and reaches attainment. The 

2012 control measure represents a State Implementation Plan (SIP) commitment to reduce 

PM emissions from wood burning devices by up to seven tons per episodic winter day by the 

year 2014. Cost impacts are expected to be minimal as wood burning in this area is done 

primarily for aesthetic purposes and there are cost–effective alternatives to burning wood for 

heat. An incentive program for cleaner hearth appliances is ongoing and is proposed to be 

enhanced in conjunction with adoption of PAR 445 to encourage the public to switch to 

cleaner hearth products, including gaseous-fueled devices that are exempt from burning 

curtailments. 

PAR 444 

For consistency and to maximize the episodic air quality benefits, the 2012 AQMP open 

burning control measure BCM-02 proposed that the Rule 444 prohibitions should be aligned 

with the PAR 445 requirements during the winter season. Accordingly, PAR 444 includes 

revisions to marginal and permissive burn day definitions that would limit open burning 

whenever a mandatory winter burning curtailment was called for individual source/receptor 

areas or the entire Basin under PAR 445. No revisions are proposed for open burning 

sources above 3,000 feet in elevation. A new definition is proposed to clarify an exemption 

for the testing of fire detection/suppression systems. A new definition is also added for 

beach burning and the existing exemptions for open burning for recreational, ceremonial and 

warming purposes are proposed to be amended to exclude beach burning. Additional Rule 

444 amendments are proposed to increase rule clarity. 

Although it is anticipated that there will be a slight increase in the number of no-burn days 

under PAR 444, there are no annual emissions reductions as the burning that would have 

occurred during winter months would likely be switched to other, non-episodic times of the 

year. Cost impacts are anticipated to be minimal as prohibited open burning would likely be 

shifted to other days and the Rule’s existing exemptions for fire suppression and training 

exercises are unchanged. Relative to beach burning, quantification of emissions, and the 

anticipated reductions, are difficult as the amount of wood use varies and fires tend to include 

other materials, such as trash and waste wood. However, based on assumptions concerning a 

presumable wood burning rate of two to three bundles of packaged wood per fire ring per 

night in summer months and assuming full utilization of all fire rings, the approximately 857 

840 Basin fire rings are estimated to emit up to 0.16 to 0.25 ton per day of PM2.5. The 

change in estimated number of beach fire rings is based on results from field verification of 

fire rings that would be subject to PAR 444 provisions. It is anticipated that there would be a 

loss of revenue to the entities that charge for parking in areas where beach fires are 

conducted. 

BACKGROUND 

PAR 445 

Control Measure #BCM-03 (Emission Reductions from Wood-Burning Fireplaces and 

Stoves) 3 from the 2007 AQMP was implemented in March 2008 through adoption of AQMD 

Rule 445 - Wood Burning Devices (AQMD, 2008). Under the existing Rule provisions, only 

gaseous-fueled hearth devices are allowed to be installed in new developments. For existing 

residential and commercial developments (additions, remodels, etc.), Rule 445 requires wood 

 

3

 2007 AQMP, Appendix IV-A, http://www.aqmd.gov/aqmp/07aqmp/aqmp/Appendix_IV-A.pdf 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District 3 MayApril 2013

burning devices sold or installed to be U.S. EPA certified or equivalent. Rule 445 prohibits 

the burning of any product not intended for use as a fuel (e.g., trash) in a wood burning 

device and requires commercial firewood sellers to only sell seasoned firewood (20% or less 

moisture content) from July through February. Rule 445 also includes a mandatory winter 

burning curtailment program that extends from November 1 through the end of February 

each winter season. During a mandatory winter burning curtailment period (first 

implemented in the 2011/2012 winter season), the public is required to refrain from both 

indoor and outdoor wood-based fuel burning in specific areas where PM2.5 air quality is 

forecast to exceed 35 μg/m3 (federal 24-hour standard). The District has also implemented 

the Healthy HearthsTM program that includes a comprehensive education and outreach effort 

as well as financial incentives to encourage the public to switch to cleaner, gaseous-fueled 

hearth products. (http://www.aqmd.gov/healthyhearths/index.htm). 

PAR 444 

Rule 444 – Open Burning, was originally adopted in 1976 and is intended to reduce visible 

emissions and minimize public nuisance from smoke emissions. Currently, Rule 444 allows 

open burning on permissive burn days, provided that a permit and event authorization is 

obtained, and that such burning events are not prohibited by a fire protection agency. A 

permissive burn day is declared by the District when certain meteorological conditions are 

met in one or more of the defined source/receptor areas. Rule 444 also includes general 

requirements (i.e., burning time window and ignition device) for open burning, as well as 

particular requirements, such as moisture level and firing methods for agricultural burning, 

and a Smoke Management Plan for prescribed burning. In addition, Rule 444 sets Districtwide maximum daily burn acreage for agricultural and prescribed burning with less 

restrictive requirements for training burns if the duration is less than 30 minutes and clean 

fuel is utilized. 

The most recent Rule 444 amendments were adopted in 2008 to strengthen the rule 

provisions to be more health protective and update the rule to be based on the Air Quality 

Index (AQI) for forecasting “marginal”, “permissive”, and “no burn” days. The 2008 

proposal also included several new requirements for agricultural burning and fire 

prevention/suppression training and prohibited agricultural burns within 1,000 feet of 

sensitive receptor locations. In order to partially recover the cost associated with running the 

open burn program, the 2008 proposal also established fees to be assessed for the filing and 

evaluation of the required plans and reports. 

DESCRIPTION OF SOURCE CATEGORY 

Rule 445 

The following background information was obtained from CARB4 and U.S. EPA5

documents. 

The types of devices that burn wood in a typical residence are: 1) fireplaces, 2) fireplace 

inserts, and 3) wood burning stoves (includes subcategories). The most common wood 

burning device in a home is the traditional, open-hearth (uncontrolled) fireplace. A fireplace 

is an inefficient method of heating a house and in some cases can have a negative heating 

 

4

 ARB (California Air Resources Board), Area Source Methodology, Section 7.1, Residential Wood Combustion, 

July 1997 5

 EPA, AP-42, Section 1.9, Residential Fireplaces, October 1996. 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District 4 MayApril 2013

efficiency if the inside air is used as combustion air. Fireplace inserts are essentially woodstove type devices that fit into a fireplace hearth. Wood stoves are stand alone devices that 

vent flue gas through an existing chimney or flue. They are enclosed wood heaters that 

control burning or burn time by restricting the amount of air that can be used for combustion. 

Figure 1 presents a relative comparison of fine particulate emissions from various heating 

sources. 

In recent years, hearth product manufacturers have initiated efforts to reduce emissions from 

wood-burning fireplaces. These efforts have included, but are not limited to, products 

developed under the U.S. EPA Phase 2 Qualified Fireplace Program.6 According to the 

referenced web site, this program is a voluntary effort to encourage manufacturers to improve 

air quality through developing and distributing cleaner, more efficient wood-burning 

appliances. There are two general types of fireplace products under the program: Phase 2 

Qualified Fireplaces and Phase 2 Qualified Fireplace Retrofit Devices. Phase 2 qualified 

fireplaces are stand alone hearth devices intended to be installed in new developments or 

room additions, while retrofit fireplace devices are intended to be installed into existing wood 

burning fireplaces. Rule 445 provisions do not allow the installation of U.S. EPA Phase 2 

Qualified Fireplaces; however, U.S. EPA Phase 2 Qualified Fireplace Retrofit Devices are 

not prohibited by Rule 445 and therefore can be installed in existing wood-burning 

fireplaces; that is, residential fireplaces constructed before March 9, 2009. Appendix B has a 

list of answers to Frequently Asked Questions (FAQs) and the underlined text has been 

proposed to further clarify the types of devices, including U.S. EPA Phase 2 Qualified 

Retrofit Devices that can be installed into existing households. Changes to the list of FAQs 

may be made in the future to help answer implementation questions. 

Rule 444 

This rule currently prohibits various types of opening burning activities and sets forth the 

conditions under which certain activities may take place. Two key activities are those of 

agricultural and prescribed burning. However, the existing rule exempts recreational, 

ceremonial, and other open burning activities. Recently it has been proposed that Rule 444’s 

exemptions should not include beach burning. Table 1 presents an inventory of beach fire 

pits based on available data. The change in the estimated total number of beach fire rings is 

from the results of a field verification of beach fire rings that are subject to PAR 444 

provisions. Agricultural burning is open burning of vegetative materials produced from the 

growing and harvesting of crops, as well as field preparation in agricultural operations. 

Prescribed burning is a planned open burn of vegetative materials, usually conducted by a 

fire protection agency and/or department of forestry, to promote a more healthful habitat for 

plants and animals, to prevent plant disease and pests, and to reduce the likelihood of 

wildfires and associated damages. Training burns are hands-on trainings conducted by fire 

protection agencies on methods of preventing and/or suppressing fires. 

 

 

6

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SUMMARY OF PUBLIC PROCESS 

In addition to the extensive control measure outreach efforts associated with the 2012 AQMP 

adopted in December of 2012, three Working Groups comprised of representatives of 

industry, agencies, environmental organizations and interested persons were convened 

beginning in November of 2012 to discuss key aspects of proposed amendments to Rules 445 

and 444. The name of the various Working Groups and a list of meetings to date follows. 

Subsequent meetings will be held on an as needed basis. 

Rule (Source) Meeting Dates Members 

PAR 445 January 24, 2013 

March 6, 2013 

General Public, Industry Representatives, 

Realtors, Firewood Sellers 

PAR 444 – Wildland November 30, 2012

February 7, 2013 

Fire Protection Agencies, Prescribed Fire 

Agencies (U.S. Forest Service), State and 

County Representatives 

PAR 444 – Agriculture January 30, 2013 County Agricultural Commissioners, 

Resource Agencies, Agricultural 

Producers 

A PAR 445/444 Public Workshop was held on February 13, 2013 and staff requested 

comments on the proposal no later than March 8, 2013. A Public Consultation Meeting was 

held on March 28, 2013 and comments were due by April 4, 2013. 

AIR QUALITY STANDARDS 

The District monitors ambient air quality for criteria pollutants (ozone, carbon monoxide, 

particulate matter, nitrogen dioxide, sulfur dioxide, and lead) at 36 locations throughout the 

Basin. PM2.5 is monitored at a subset of those monitoring stations (see Figure 2). 

 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District 7 MayApril 2013

Figure 2 

South Coast Air Quality Management District 

Ambient Air Monitoring Stations in 2011 

As of 2013, the Basin is not in attainment with the 24-hour or annual average National 

Ambient Air Quality Standard (NAAQS) for PM2.5. The following table presents a 

summary of the federal NAAQS and State of California air quality standards for particulate 

matter. 

Table 2 

Summary of Particulate Standards (μg/m3

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Jurisdiction PM10 PM2.5 

 Annual 24-Hour Annual 24-Hour 

Federal -- 150 12 35 

California 20 50 12 -- 

PM2.5 AIR QUALITY IN THE SOUTH COAST AIR BASIN 

PM2.5 is monitored at various sites throughout the District. Unlike ozone that has a 

predictable summertime increase; ambient PM2.5 measurements tend to be higher in the 

third and fourth quarters of the year. Figure 3 shows the Basin’s 2007 to 2011 average 

PM2.5 concentrations on a monthly basis. 
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Draft Staff Report for Proposed Amended Rules 445 and 444 

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between long-term exposure to PM2.5 and increased mortality, reduction in life-span, and 

an increased mortality from lung cancer. 

Daily fluctuations in PM2.5 concentration levels have also been related to increased 

mortality due to cardiovascular or respiratory diseases, hospital admissions for acute 

respiratory conditions, school and kindergarten absences, a decrease in respiratory 

function in normal children, and increased medication use in children and adults with 

asthma. Long-term exposure to PM has been found to be associated with reduced lung 

function growth in children. The elderly, people with pre-existing respiratory and/or 

cardiovascular disease, and children appear to be more susceptible to the effects of PM10 

and PM2.5. 

Health Effects from Wood Smoke 

Wood smoke is generally in the fine fraction of PM with most particles having an 

aerodynamic diameter of 2.5 microns or less. Wood smoke is primarily comprised of organic 

compounds (including polycyclic organic hydrocarbons), trace elements, and soot (elemental 

carbon). Wood smoke is usually released near ground level in populated areas and thus is 

especially likely to increase the PM2.5 exposure of nearby residents. The health effects of 

household and neighborhood wood smoke have been studied extensively. The greatest 

health effect from wood smoke originates from the fine particles that can cause health 

problems ranging from minor irritations such as burning eyes and runny noses to chronic 

illnesses such as bronchitis. Fine particles also can aggravate chronic heart and lung diseases 

and are linked to premature deaths in people with these conditions. Persons that may be 

more susceptible to health effects from wood smoke include those with existing heart or lung 

disease (congestive heart failure, angina, chronic obstructive pulmonary disease, emphysema 

or asthma), the elderly, and the young.8

 

A literature search of available studies (Boman, et al, 2003) also recently concluded that 

there is no reason to assume that the effects of particulate matter in areas polluted with higher 

levels of wood smoke are weaker than elsewhere [e.g., areas with similar ambient PM 

concentrations but with less wood smoke]. Conclusions in a more recent health effects study 

included a statement that there is no persuasive evidence that wood smoke particles are 

significantly less dangerous for respiratory disease than other major categories of 

combustion-derived particles in the same size range (Naeher, et al, 2007). The same study 

did acknowledge, however, that there is too little evidence available to make a judgment 

concerning the relative toxicity of wood smoke particles with respect to cardiovascular or 

cancer outcomes. 

A review of all-cause cardiovascular and respiratory mortality data was also recently 

completed in Australia after a 2001 wood smoke reduction program resulted in a 40 percent 

improvement in wintertime particulate pollution (British Medical Journal, 2013). The study 

found that decreased air pollution from ambient biomass smoke was associated with reduced 

annual mortality in males and with reduced cardiovascular and respiratory mortality during 

the winter months. 

Smoke particles are a significant source of ambient levels of particulate matter in the area. 

On an annual average basis, about 1 to 3% of PM2.5 is made up of particles from wood or 

biomass combustion in the South Coast Air Basin (SCAQMD, 2008). During winter months 

biomass burning contributions have been found to range on average from 1 to nearly 4 μg/m3

(Manchester-Neesvig, 2003). 

 

8

 US EPA Fact Sheet, Health Effects of Wood Smoke, http://www.epa.gov/woodstoves/healtheffects.html 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District 10 MayApril 2013

In October 2003, a series of large wildfires occurred in Southern California, with plumes of 

smoke covering a large area for several days. This afforded an opportunity to assess the 

effects of biomass burning emissions over a large population. In the University of Southern 

California Children’s Health Study, it was found that respiratory symptoms such as eye, nose 

and throat irritation, cough, bronchitis, wheezing, and asthma attacks, were associated with 

individually reported smoke exposures. Medication usage and physician visits were also 

reported to have increased. Risks for these effects increased with the number of reported 

smoky days. (Kunzlii, 2006). 

In another report, the relationship of hospital admissions and particulate exposures during 

smoky days during the October 2003 fires was examined. Associations of respiratory 

admissions with particulate exposures during the fires were higher than before or after the 

fires. The strongest associations were noted among those over 65 years of age, and those 1-4 

years of age. (Delfino, 2009). 

Fireplace Wood Smoke Toxic Emissions 

The following is an excerpt from U.S. EPA AP-42 regarding toxicity of wood smoke 

emissions from fireplaces (U.S. EPA, 1996). 

Hazardous air pollutants (HAPs) are a minor, but potentially important, component of 

wood smoke. A group of HAPs known as polycyclic organic matter (POM) includes 

potential carcinogens such as benzo(a)pyrene (BaP). POM results from the combination 

of free radical species formed in the flame zone, primarily as a consequence of incomplete 

combustion. Under reducing conditions, radical chain propagation is enhanced, allowing 

the buildup of complex organic material such as POM. The POM is generally found in or 

on smoke particles, although some sublimation into the vapor phase is probable. 

These findings are further supported in a 2007 publication in Inhalation Toxicology entitled 

“Wood Smoke Health Effects: A Review” (Inhalation Toxicology, 19:67-106, 2007). 

Due to the potential health effects of wood smoke, just as with cigarette smoke, packaging of 

firewood and other wood-based products (e.g., manufactured firelogs) requires a Prop. 65 

notice of potential health hazard. 

PURPOSE AND APPLICABILITY 

The purpose of these rule amendments would be to seek further PM emissions reductions from 

residential wood burning and open burning sources on episodic days within the South Coast Air 

Basin. Figure 4 shows the Basin boundaries in relation to other jurisdictions in Southern 

California. PAR 445 would impact the general public that burns wood, people that sell and 

install wood-burning devices, and commercial firewood facilities that sell wood-based fuel for 

use in hearth devices. PAR 444 would impact resource agencies involved in prescribed burns 

and agricultural operations that use open burning. Effective January 1, 2015, the amendments to 

Rule 444 would also create a new prohibition for beach burning activities by the general public 

to protect public health by reducing exposure of potentially high concentrations of wood smoke, 

although a city or county could expedite that date. 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District 11 MayApril 2013

Figure 4 

South Coast Air Basin Boundaries 

LEGAL AUTHORITY 

The AQMD obtains authority to adopt, amend, or repeal rules and regulations from Health 

and Safety Code Sections 39002, 40000, 40001, 40702 and 40725 - 40728. 

SUMMARY OF PROPOSED RULE 445 AMENDMENTS 

Subdivision (b) – Applicability 

The text describing a commercial firewood seller has been amended to include wood or 

“other wood-based fuels” to ensure commercial enterprises that sell manufactured logs or 

pellet fuels would be subject to the labeling requirements in Paragraph (d)(5). 

 Subdivision (c) - Definitions 

The definition for a commercial firewood seller is proposed to be amended as follows to 

ensure that the proposed labeling requirements in paragraph (d)(5) would apply to all 

packaged wood and manufactured wax/sawdust logs sold at all store types. 

(1) COMMERCIAL WOOD-BASED FUEL SELLER FIREWOOD FACILITY 

means any operation that has a business license that sells, or offers for sale, or 

supplies, packaged, bundled or bulk firewood, manufactured firelogs, or wood 

pellets. 

South Coast

Air Quality Management District

 SCAQMD Jurisdiction

Mojave Desert

Air Basin

Salton Sea

Air Basin

San Diego

Air Basin

South

 Central

 Coast Air Basin

South Coast

 Air Basin

San Diego County Imperial County

Riverside County

Los Angeles

 County

Kern County San Bernardino County

Orange

 County

Santa 

 Barbara

 County

Ventura 

 County

San Joaquin

 Valley

 Air Basin
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District 12 MayApril 2013

The definition for a cookstove is proposed to be amended as follows to clarify the specific 

device characteristics. As described below under the Exemptions heading [Subdivision (f)] 

an amendment to paragraph (f)(1) is also proposed to clarify that the cookstove exemption is 

only applicable to commercial cooking. 

(2) COOKSTOVE means any wood or wood-based fuel-fired device that is designed 

and used primarily for cooking food and has the following characteristics as 

defined in Title 40 of the Code of Federal Regulations Section 60.531, February 

28, 1988, or any subsequent ly revision ed: 

(A) An oven, with a volume of 0.028 cubic meters (1 cubic foot) or greater, 

and an oven rack; 

(B) A device for measuring oven temperatures; 

(C) A flame path that is routed around the oven; 

(D) A shaker grate; 

(E) An ash pan; 

(F) An ash clean-out door below the oven; and 

(G) The absence of a fan or heat channels to dissipate heat from the appliance. 

In conjunction with the amendments to the mandatory winter burning curtailment provisions 

in subdivision (e), definition (c)(6) is proposed to be amended as follows to lower the current 

forecast threshold from 35 to 30 μg/m3, and to outline the parameters when a mandatory 

curtailment would be applicable to the entire Basin below an elevation of 3,000 feet. 

(6) MANDATORY WINTER WOOD BURNING CURTAILMENT DAY means 

(A) Means any calendar day or consecutive calendar days during the wood 

burning season so declared to the public by the Executive Officer when 

ambient levels of particulate matter of 2.5 microns in size or less (PM2.5) 

is forecast to exceed 30 35 μg/m3 for a specific source/receptor area. 

(B) Applies to the entire South Coast Air Basin whenever a PM2.5 level of 

greater than 30 μg/m3 is predicted for a source receptor area containing a 

monitoring station that has recorded a violation of the federal 24-hour 

PM2.5 National Ambient Air Quality Standard for either of the two 

previous three-year design value periods. The design value is the threeyear average of the annual 98th percentile of the 24-hour values of 

monitored ambient PM2.5 data. 

A new definition is proposed for wood-based fuel to ensure consistency with other portions 

of the proposed amendments. 

(18) WOOD-BASED FUEL means any wood, wood-based product, or non-gaseous or 

non-liquid fuel, including but not limited to manufactured firelogs, wood or pellet 

products. For the purpose of this rule, charcoal is not considered a wood-based 

fuel. 

As described below under the Exemptions heading [Subdivision (f)] a new exemption 

[paragraph (f)(6)] has also been added to ensure that the proposed paragraph (d)(5) labeling 

requirements do not apply to wood-based fuel that is intended for cooking food since such 

products are less widely used and represent an unnecessary cost to the packaging industry. 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District 13 MayApril 2013

The definition for a wood-burning device is proposed to be amended to include open or 

enclosed devices. The result of this change would prohibit the permanent installation of a 

wood-burning fire pit on residential properties under the provisions of subdivision (d). 

(19 18) WOOD-BURNING DEVICE means any fireplace, wood-burning heater, or pellet 

fueled wood heater, or any similarly open or enclosed, permanently installed, 

indoor or outdoor device burning any wood-based fuel for aesthetic or spaceheating purposes, which has a heat input of less than one million British thermal 

units per hour (Btu/hr). 

A new definition is proposed for a wood-fired cooking device to clarify applicability under a 

mandatory winter burning curtailment. 

(22) WOOD-FIRED COOKING DEVICE means any cookstove, wood-fired oven or 

grill, or any device designed for burning any wood-based fuel for cooking 

purposes. 

Subdivision (d) – Requirements 

Subparagraph (d)(2)(D) – Equivalency Determinations for Fireplaces 

The current rule allows the installation of a wood-burning device or fireplace into an existing 

development if it can be demonstrated that the device achieves an emissions rate that is at 

least as clean as an EPA certified wood heater (e.g., stove or insert). This provision is 

proposed to be removed because the test methods for wood heaters (stoves or inserts) and 

fireplaces are different and are therefore non-comparable. Additionally, the March 2008 

Rule 445 AQMD Governing Board adoption resolution directed staff to consider devices 

developed under the U.S EPA Voluntary Low Emissions (Phase 2 Qualified) Fireplace 

program to be acceptable for installation in new developments only if determined to be as 

low emitting as a gaseous-fueled device (AQMD, 2008). As previously mentioned, U.S. 

EPA Phase 2 Qualified Fireplace Retrofit Devices can be installed into existing (installed 

before March 9, 2009).wood-burning fireplaces under current Rule 445 provisions.

Paragraph (d)(5) – Commercial Firewood Sellers 

A new requirement is proposed that would require commercial firewood sellers to attach a 

label to wood-based fuel products for sale to inform the public of the AQMD Check Before 

You Burn program. Under PAR 445, the effective date of this requirement to include the text 

below on the wood-based fuel product sales would be six months after adoption of the 

amendments. 

Similar labeling provisions are already in place in the Bay Area. The toll free number (1-

877-4NO-BURN) and website (www.8774NOBURN.ORG) used by Bay Area AQMD 

presently have links to the South Coast AQMD Check Before You Burn program. AQMD 

staff has committed, to the extent feasible, to incorporate the same labeling requirements as 

Use of this and other solid fuel products may be restricted at times by 

law. Please check (Toll-Free Number) or (Web Address) before 

burning. 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District 14 MayApril 2013

other California air districts in an attempt to lessen the regulatory burden on impacted 

industries. Paragraph (d)(5) also allows the use of alternative labeling text subject to 

Executive Officer approval and establishes sell through provisions that would allow 

commercial firewood sellers to continue to sell already packaged firewood for up to two 

years after the labeling requirements implementation date (six months after rule adoption). 

Subdivision (e) – Mandatory Winter Burning Curtailment Program 

The existing provisions related to the mandatory winter burning curtailment program have 

been modified to reflect that future curtailments would apply to specific source receptor areas 

or to the entire Basin if the forecast threshold is exceeded in a source receptor area that 

contains a monitoring station that has recorded a violation of the federal PM2.5 24-hour 

standard during either of the two previous three-year design value days. These requirements 

would continue to apply to any permanent indoor/outdoor or portable outdoor wood-burning 

device, but the proposed amendments also clarify the inclusion of wood-fired cooking 

devices on residential properties.

Subdivision (f) – Exemptions 

The existing exemption for cookstoves is proposed to be amended as follows. 

(1) The provisions of this rule shall not apply to cookstoves designed and used for 

commercial purposes. 

A new exemption is proposed in paragraph (f)(6) to clarify that the proposed amended rule’s 

labeling requirements do not apply to wood-based fuels intended for cooking food since such 

products are less widely used and represent an unnecessary cost to the packaging industry. 

(6) The provisions of (d)(5) shall not apply to wood-based fuel intended for the 

cooking, smoking, or flavoring of food. 

SUMMARY OF PROPOSED RULE 444 AMENDMENTS 

As mentioned above, Rule 444 presently includes a system where forecasts are made for No 

Burn Days, Marginal Burn Days, and Permissive Burn Days. PAR 444 would add a new 

definition for a Mandatory Winter Burning Curtailment that is consistent with the forecast 

procedures specified by AQMD Rule 445. PAR 444 also amends the definitions for 

Marginal and Permissive Burn Days to prohibit burning during a Mandatory Winter Burning 

Curtailment in areas below an elevation of 3,000 feet. A new definition is also included in 

PAR 444 for Product Testing that would clarify an exemption proposed for commercial 

companies that evaluate products designed to detect the presence of flame or smoke, or 

products intended to prevent equipment damage due to flame. No changes are proposed for 

open burning activities conducted on properties above an elevation of 3,000 feet. 

A new definition is added for “beach burning” which is prohibited beginning January 1, 2015 

under this amendment. However, using charcoal and liquid/gaseous fuels for cooking at 

beaches is still permitted. Other types of recreational, ceremonial, or open burning remain 

exempt, such as those at regional parks and camp grounds not covered by the new definition. 

However, the exemption change will prohibit the burning of trash and other materials as 

listed in paragraph (d)(3) for those activities that are allowed to continue. Under PAR 444 a 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District 15 MayApril 2013

city or county could, though formal action, make the prohibition effective sooner than 

January 1, 2015. 

EMISSIONS INVENTORY 

Emissions from biomass burning result primarily from incomplete combustion and include 

PM, CO, NOx, SOx, and VOC, although particulate emissions have been the primary focus 

of air district smoke reduction programs. Studies have shown that the particulate emissions 

from these sources are generally in the fine(< 2.5 microns) size range (Jacob, et.al., 2000). 

Additionally, incomplete combustion of biomass and firewood produces polycyclic organic 

matter, a group of compounds classified as hazardous air pollutants under Title III of the 

federal Clean Air Act. 

Rule 445 

Table 3 shows 2012 AQMP winter day residential wood burning emissions inventory for the 

base year (2008) and future years. 

Table 3 

Average PM2.5 Winter Day Emissions from Residential Wood Combustion (tons/day) 

Emissions (Tons/Day) 2008 2014 2019 

Average Winter Day: 10.6 9.4 9.4 

Rule 444 

Table 4 shows 2012 AQMP annual average PM2.5 emissions inventory for open burning 

sources. 

Table 4 

Annual Average PM2.5 Emissions from Open Burning Sources (tons/day) 

Emissions (Tons/Day) 2008 2014 2019 

Annual Average Day: 4.6 4.6 4.6 

Note: The emissions inventory does not include emissions from 

beach burning activities due to large uncertainties in the amount of 

activity. 

EMISSION REDUCTIONS 

Rule 445 

Based on historical data from 2009 to 2011, it is estimated that decreasing the existing Rule 

445 curtailment threshold from 35 to 30 μg/m3 could result in an approximate 50% increase 

in the number of no-burn days (approximately 20 days total) during the November through 

February winter season. Lowering the mandatory winter burning curtailment threshold and 

applying the curtailment to the entire Basin when triggered could potentially reduce Basin-
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District 16 MayApril 2013

wide ambient PM2.5 concentrations on these episodic no-burn days by about 7.1 tons per 

winter day (assuming 75% rule effectiveness). It should be noted that while controlling 

emissions from residential wood burning is primarily intended to reduce PM2.5 emissions, 

there is an added benefit of also reducing emissions of CO, VOC, NOx, SOx, and hazardous 

air pollutants. 

Rule 444 

Enhancing the open burning restrictions with this revised threshold criteria and applying a 

curtailment to the entire Basin could potentially reduce Basin-wide ambient PM2.5 

concentrations on episodic no-burn days by about 4.6 tons per winter day. However, since 

the burning would likely be shifted to other days, the total annual emissions would remain 

the same. Accordingly, no annual emissions reductions are anticipated under PAR 444, but 

emissions reductions would be expected to be achieved on individual days where high PM2.5 

levels are forecast, thus reducing public health impacts. Relative to beach burning, as noted 

in Table 4, the emissions inventory does not include beach burning. Quantification of these 

emissions and the anticipated reductions are difficult to determine as the amount of wood use 

varies widely. However, assuming a wood burning rate of two to three bundles of packaged 

wood per fire ring per night in the summer months and assuming full utilization of all beach 

fire rings in the Basin, the approximately 857 840 Basin fire rings are estimated to potentially 

emit up to 0.16 to 0.25 ton per day of direct PM2.5. The change in the estimated number of 

beach fire rings is based a field survey of beach fire rings that are subject to PAR 444 

provisions. In addition to these reductions, the prohibition on beach fires is expected to 

result in significant PM2.5 exposure reductions for those in close proximity to the fires, such 

as beach goers and nearby residents. 

COST EFFECTIVENESS 

The cost effectiveness of these proposed rule amendments has not been determined. 

Increasing the number of Rule 445 curtailment days would result in relatively little cost 

increases to the impacted community as there are cost-effective alternatives to burning wood 

such as gaseous-fueled or electrical heating appliances. Additionally, the proposed 

amendments do not change existing mandatory curtailment exemptions provided for low 

income households or those not serviced by natural gas. Costs to firewood sellers are also 

expected to be low as some already label products to comply with other California air district 

regulations and sell through provisions have been added to PAR 445. Moreover, AQMD 

staff has committed, to the extent feasible, to develop PAR 445 labeling requirements 

consistent with those required by other California air districts. Cost impacts for an increase 

in Rule 444 burn restrictions are also estimated to be low because it is believed that the open 

burning will be shifted to other, permissive burn days. Revenue impacts could occur to 

beach communities with fire rings that charge for parking. 

CALIFORNIA ENVIRONMENTAL QUALITY ACT 

SCAQMD staff has reviewed the proposed project and determined that the PARs 444 and 

445 are exempt from CEQA pursuant to CEQA Guidelines §15308 – Actions by Regulatory 

Agencies for the Protection of the Environment. The proposed project would reduce air 

pollution and toxic risk; and not generate secondary significant incremental adverse 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District 17 MayApril 2013

environmental impacts. A Notice of Exemption will be prepared pursuant to CEQA 

Guidelines §15063 – Notice of Exemption, and filed with the county clerks of Los Angeles, 

Orange, Riverside and San Bernardino counties immediately following the adoption of the 

proposed project. 

SOCIOECONOMIC ASSESSMENT 

The proposed amendments to Rule 445 would lower from 35 to 30 μg/m3 the PM2.5 threshold 

that is used to declare a mandatory winter burning curtailment. The South Coast Basin 

residents are required to curtail burning wood whenever a PM2.5 level of greater than 30 

μg/m3 is forecasted for a monitoring station not yet attaining the federal 24-hour PM2.5 

standard. The proposed amendments would also require commercial facilities that sell 

firewood or other wood-based fuel to notify the public of the AQMD’s Check Before You 

Burn program through a labeling program. 

The proposed amendments to Rule 444 would limit open burning whenever a mandatory 

winter burning curtailment under Rule 445 is called for. In addition, the proposal would 

prohibit open burning at beaches effective January 1, 2015. 

Affected Industries 

The proposed amendments would affect commercial firewood sellers and the general public 

who use wood burning fireplaces and other wood burning devices (including fire rings on 

beaches). Commercial firewood sellers belong to the industry of fuel dealers [North 

American Industrial Classification System (NAICS) 45431]. Based on a District survey, 

there are about 86 commercial firewood sellers in the Basin, out of which 31 are located in 

Los Angeles County, 24 in Orange County, 16 in Riverside County, and the remaining 15 in 

San Bernardino County. The District’s survey did not include firewood sold at grocery 

stores. 

Compliance Cost 

The proposed amendments would increase the number of no-burn days in the Basin and 

could potentially result in the loss of sales by the affected firewood sellers. However, the 

increase in number of no-burn days is expected to be very small (10 to 15 days) and is 

anticipated to decrease as PM2.5 air quality improves and the Basin meets the federal 24-hour 

PM2.5 standard (expected in 2014). As a result, the cost impacts of curtailment on firewood 

sellers are expected to be minimal. 

Currently the majority of packaged firewood sellers use labels to notify the public of 

complying with the Bay Area AQMD’s regulation on burning curtailment and, therefore, 

should be able to comply with the labeling requirement of the SCAQMD’s Proposed 

Amended Rule 445 (PAR 445) without significant costs. Additionally, a two year sell 

through provision has been added to allow packaged wood sellers to continue to sell 

materials that have already been packaged prior to the adoption of PAR 445 requirements. 

Bulk firewood sellers are expected to incur a minimal cost of preparing a one-page outreach 

flyer with the SCAQMD’s Check Before You Burn statement. SCAQMD staff will prepare 

a sample material for the one-page flyer to reduce development costs for bulk firewood 

sellers. 

Cost impacts to the general public are also expected to be minimal as wood burning in the 

SCAQMD is done mainly for aesthetic purposes and there are cost-effective alternatives to 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District 18 MayApril 2013

burn wood for heating. The general public could also use incentives provided by the 

SCAQMD and switch to cleaner burning alternatives to wood burning fireplaces such as 

gaseous-fueled devices. 

The prohibition of beach burning may result in loss of revenues to the cities and entities 

which charge for parking in areas where beach fires are conducted. State parks and local 

businesses could also lose revenues due to reductions in number of visitors. Beach cities and 

local municipalities would lose sales tax revenues associated with the beach fire activities. 

According to the estimates provided by the Orange Coast District of State Parks Department 

and the City of Huntington Beach, each affected local beach jurisdiction could lose up to $1 

million annually in revenue due to the prohibition of beach burning.9 

Rule Adoption Relative to the Cost-Effectiveness Schedule 

On October 14, 1994, the Governing Board adopted a resolution that requires staff to address 

whether proposed rules being considered for adoption are in ranking order of costeffectiveness in the Air Quality Management Plan (AQMP). PAR 445 implements Control 

Measure BCM-01 (Further Reductions from Residential Wood Burning Devices) and PAR 

444 implements Control Measure BCM-02 (Further Reductions from Open Burning) from 

the 2012 AQMP. BCM-01 and BCM-02 are the only two measures with emission reductions 

to attain the federal standard and provide excess reductions as contingency measures if 

needed. The cost-effectiveness of these control measures was not assessed in the 2012 

AQMP, and thus the ranking order of cost-effectiveness is not applicable here. The 

prohibition of beach fire ring wood burning was added at a later stage and is primarily 

intended for localized health protection. 

POST RULE ADOPTION PUBLIC OUTREACH EFFORTS 

PAR 445 

The ongoing education/outreach effort will continue as part of the Healthy HearthTM program 

(http://www.aqmd.gov/healthyhearths/index.htm) since the proposal affects the general 

public and will likely result in an increase in the number of households subject to no-burn 

days. This is especially true given the fact that the no-burn days may apply to the entire 

Basin under the proposed amendments, whereas previously only specific source receptor 

areas were subject to the no-burn day forecasts. In recent years new efforts have been 

developed to inform the public of mandatory curtailment days including a dedicated toll-free 

phone line (866.966.3293) and list serve (http://aqmd.enviroflash.info/) by which e-mails are 

sent to subscribers when a no-burn day is forecast for their particular area.

Additional public education/outreach information on the Healthy HearthsTM website includes 

videos, answers to frequently asked questions, links to other web sites (CARB and U.S. 

EPA), and a description of health effects of wood smoke. Efforts to increase public 

awareness of the District’s wood smoke reduction program may include, but are not limited 

to, outreach to local governments, interested organizations, and homeowner associations. 

 

9

 (Retrieved from http://www.coronadelmartoday.com/34939/home/huntington-beach-officials-say-fire-ring-bancould-cost-that-city-1-million/ and 

http://www.google.com/#hl=en&q=California+State+Park+opposing+removal+of+Fire+rings&oq=California+State

+Park+opposing+removal+of+Fire+rings&gs_l=serp.3...14500.23844.0.24703.29.29.0.0.0.0.125.2549.22j7.29.0...0.

0...1c.1.8.serp.HYTdXtt0Ut0&bav=on.2,or.&fp=e46c04486c441ada&biw=1024&bih=644). 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District 19 MayApril 2013

The District has also recently partnered with local media outlets to help inform the public of 

the Check Before You Burn program and local air quality. Appendix B has a list of answers 

to Frequently Asked Questions (FAQs) and the underlined text has been proposed to further 

clarify the types of devices that can be installed into existing households. Changes to the list 

of FAQs may be made in the future to help answer implementation questions. 

District staff will develop and distribute information to those affected by the subparagraph 

(d)(5) labeling requirements immediately after Rule adoption. As mentioned, sell through 

provisions have been added that would allow those entities two years after the 

implementation date of the labeling requirements to sell previously packaged product. 

Additionally, some of the larger commercial firewood facilities may already be subject to 

labeling requirements in other parts of the State. In fact, some packaged products sold 

locally currently have labels that are required by other California air districts. 

PAR 444 

Activities subject to existing Rule 444 requirements for agricultural burning and prescribed 

burns presently check AQMD burn forecasts through the AQMD web site or through the 

AQMD’s toll free number [(800) CUT-SMOG]. Those mechanisms will be updated 

subsequent to adoption of PAR 444. Additional outreach efforts will be implemented to 

work with jurisdictions responsible for public beach areas regarding the new PAR 444 

restrictions. A Request for Proposals (RFP) is also under consideration to hire a contractor(s) 

to conduct a demonstration project for a low emission outdoor open burning beach type fire 

pit ring. 

FINDINGS UNDER THE HEALTY AND SAFETY CODE 

Health and Safety Code Section 40727 requires the AQMD to adopt written findings of 

necessity, authority, clarity, consistency, non-duplication and reference. 

Necessity

A need exists to adopt PAR 445 and 444 to implement the 2012 AQMP control measures 

BCM-01 and BCM-02 in order to assist in the attainment of State and federal PM standards 

for the South Coast Air Basin, in particular the federal 24-hour PM2.5 standard. A need also 

exists to adopt PAR 445 and 444 to further protect the public from harmful exposure to wood 

smoke and discomfort or damage to property. 

Authority 

The AQMD Governing Board obtains its authority to adopt, amend, or repeal rules and 

regulations from California Health & Safety Code Sections 39002, 40000, 40001, 40702, and 

40725 through 40728, inclusive and 41700. 

Clarity 

The proposed amended rules have been written or displayed so that their meaning can be 

easily understood by persons directly affected by them. 

Consistency 

The proposed amended rules are in harmony with and not in conflict with or contrary to, 

existing statutes, court decisions or state or federal regulations. 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District 20 MayApril 2013

Non-Duplication 

The proposed amended rules do not impose the same requirements as any state or federal 

regulations. The amendments are necessary and proper to execute the powers and duties 

granted to, and imposed upon, AQMD. 

Reference 

By adopting the proposed rule amendments, the AQMD Governing Board will be 

implementing, interpreting, and making specific the provisions of the California Health & 

Safety Code Section 40001 (rules to achieve ambient air quality standards), 40440 (rules to 

carry out the Air Quality Management Pan) and 41700 (prohibition of nuisance). 

Alternative Control Measures - Health and Safety Code Section 40440.5, subsection 

(c)(3) requires an analysis of alternative control measures. One alternative is to not adopt the 

proposed rule amendments; however, the emission reductions are necessary as part of the 

AQMD’s proposal to meet State and federal air quality standards, in particular the federal 24-

hour PM2.5 standard, and are necessary to further protect public health. A possible PAR 444 

alternative would be for the beach burning prohibition to become effective immediately upon 

adoption. 

Incremental Cost-Effectiveness – Health and Safety Code Section 40920.6 (a)(3) requires 

the District to perform an incremental cost effectiveness analysis prior to adopting rules to 

meet the requirements for a Best Available Retrofit Control Technology (BARCT) rule, or to 

implement feasible measures pursuant to use of an alternative emission reduction strategy 

under Health and Safety Code Section 40914 which does not apply to particulate matter. 

PAR 445/444 is not being adopted to meet a BARCT requirement nor is it being adopted as a 

feasible measure pursuant to an alternative reduction strategy under Health and Safety Code 

Section 40914. Therefore, an incremental cost-effectiveness analysis is not needed. 

Comparative Analysis - Health and Safety Code §§40727.2 requires a written analysis 

comparing the proposed rule with existing federal, State and District regulations. Health and 

Safety Code §40727.2, subsection (c) and (d) further require the analysis to review averaging 

provisions, operating parameters, work practice requirements, and monitoring, reporting and 

recordkeeping requirements associated with existing applicable rules and proposed 

regulations. 

As mentioned, the U.S. EPA has previously adopted performance standards for new wood 

heaters (wood stoves and fireplace inserts) sold since 1992.10 PAR 445 is consistent with 

these requirements as wood burning units that meet the U.S. EPA performance standards 

would be allowed to be installed and operated in remodels. PAR 445 is also complementary 

to the federal program as it also prohibits the sale of used wood burning heaters that do not 

meet U.S. EPA performance standards. In addition, Rule 445 is consistent with EPA 

guidance regarding the use of proper fuels, such as seasoned wood of less than 20 percent 

moisture content. PAR 444 is consistent with federal guidance documents on open burning 

and efforts to improve visibility. Table 5 below identifies other State and AQMD rules that 

apply to the sources subject to PAR 445/444. Footnotes explain the differences between 

Proposed Amended Rules 445/444 and the other State and AQMD rules where relevant. 

 

10 4.1 grams PM per hour for catalytic heaters and 7.5 grams per hour for non-catalytic heaters 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District 21 MayApril 2013

CONCLUSIONS AND RECOMMENDATIONS 

The Basin is not in attainment with State and federal annual average and 24-hour air quality 

standards for PM2.5. The 2012 AQMP, approved by the AQMD Governing Board on 

December 7, 2012 and the CARB Board on January 25, 2013, included control measures to 

reduce fine particulate emissions from wood burning devices and open burning sources that 

will result in attainment of the federal 24-hour PM2.5 standard. As part of the adoption 

resolution, the CARB Board directed that the relevant portions of the 2012 AQMP be 

submitted to U.S. EPA as a SIP revision to meet federal Clean Air Act requirements. 

Accordingly, AQMD staff recommends adoption of PAR 445 and 444 as part of an effort to 

protect public health during air quality episodes and as part of a comprehensive effort to 

attain State and federal air quality standards. 

The prohibition of beach burning activities, excluding charcoal or gaseous/liquid fuels will 

protect public health by reducing exposure of potentially high concentrations of wood smoke 

for beach goers and the surrounding communities. 

The existing gas log incentive program is anticipated to continue in the near-term and would 

be extended as additional funds can be identified. Efforts to develop a wood stove change 

out program for U.S. EPA certified wood stoves are currently being explored and will be 

implemented to the extent that additional funding can be secured. As part of or in addition to 

the wood stove change out program, AQMD staff will be proposing additional incentives for 

other wood burning alternatives or cleaner technologies for households not subject to wood 

burning restrictions (e.g., mountain communities, low income, no natural gas service, etc.). 

AQMD staff is also considering implementation of a voucher program that would allow the 

public additional options for choosing low emission hearth devices. A companion proposal 

will go before the AQMD Governing Board for its consideration. 

 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District 22 MayApril 2013

Table 5 

Comparison of PAR 445/444 and Other AQMD Rules 

Rule Source 

Emission Reductions / 

Limits (footnotes provide 

comparison with PAR 

445/444 requirements) 

Averaging Procedures, 

Work Practices, 

Operating Provisions 

Monitoring, 

Recordkeeping, 

Reporting, Test 

Methods 

State 

H&S 

Code 

41701 

Applicable to 

any source. 

Prohibits discharge of 

excessive visible emissions.11

40 percent opacity 

cannot be exceeded 

three minutes in any 

hour, cumulatively. 

Test methods - based 

on opacity as 

determined by 

Ringlemann chart or 

U.S. EPA Method 9. 

AQMD 

401 (Visible 

Emissions)

Any single 

source of 

emissions; 

would include 

exhaust stack 

emissions. 

Prohibits excess visible 

emissions.12

20 percent opacity 

cannot be exceeded 

three minutes in any 

hour, cumulatively. 

Test methods -based 

on opacity as 

determined by 

Ringlemann chart or 

U.S. EPA Method 9. 

AQMD 

402 

(Nuisance)/Health 

& Safety Code 

Section 41700

Applicable to 

any source. 

Prohibits public nuisance 

caused by emissions of air 

contaminants.13

None. None specified. 

AQMD 

404 

(Particulate Matter – 

Concentration) 

Applicable to 

any source. 

Prohibits discharge of 

particulate matter in excess of 

certain rates.14

Based on grains per 

cubic foot of air stream. 

None specified. 

AQMD 

405 

(Solid Particulate 

Matter – Weight) 

Applicable to 

any source. 

Prohibits discharge of 

particulate matter weight in 

excess of specified rates.15

Establishes maximum 

discharge rate (lbs/hr) 

based on weight per hr. 

None specified. 

REFERENCES 

Boman, Christopher, et al., Adverse Health Effects from Ambient Air Pollution in Relation 

to Residential Wood Combustion in Modern Society, Scandinavian Journal of Work and 

Environmental Health, 2003, Volume 29, pages 251-260. 

 

11 Health and Safety Code § 41701 provisions are implemented primarily in response to public complaints. PAR 

445/444 requirements are applicable regardless of whether public complaints are filed. 12 Rule 401 requirements are based in response to public complaints and visual observations. PAR 445/444 

requirements are applicable regardless of whether public complaints are filed. 

13 Rule 402 provisions are implemented primarily in response to public complaints. PAR 445/444 requirements are 

applicable regardless of whether public complaints are filed. 

14 This Rule is used in conjunction with the AQMD’s permitting system for point sources of air pollution. Wood 

burning sources are not subject to AQMD permits. Area sources, such as PAR 444 open burning operations are 

subject to a separate permitting program. 

15 Under Rule 405, point source emissions are addressed through the permit evaluation process. PAR 445 sources 

are not subject to the AQMD’s permitting system. Area sources, such as PAR 444 open burning operations are 

subject to a separate permitting program. 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District 23 MayApril 2013

British Medical Journal, Evaluation of Interventions to Reduce Air Pollution from Biomass 

Smoke on Mortality in Launceston, Australian: Retrospective Analysis of Daily Mortality, 

1994-2007, 2013, edition 8446. 

CARB (California Air Resources Board), Area Source Methodology, Section 7.1, Residential 

Wood Combustion, July 1997. 

Delfino, Ralph J, Sean Brummel, Jun Wu, Hal Stern, Bart Ostro, Michael Lipsett, Arthur 

Winer, Donald H Street, Lixia Zhang, Thomas Tjoa and Daniel L Gillen. The relationship of 

respiratory and cardiovascular wildfires of 2003 hospital admissions to the southern 

California. Occup. Environ. Med. 66:189-197, 2009. 

Houck, James E., and Eagle, Brian E. Technical Memorandum 4 (Final Report) Control 

Analysis and Documentation for Residential Wood Combustion in the MANE-VU Region. 

Prepared for the Mid-Atlantic Regional Air Management Association. October 5, 2006. 

Jacob, D., et al, Fine Particle and Gaseous Emissions Rates from Residential Wood 

Combustion, Environmental Science and Technology, 2000. Volume 34, Pages 2080-2091. 

Kaiser, J. Mounting Evidence Indicts Fine-Particle Pollution. Science, 307:1858-1861, 2005. 

Kunzli, Nino, Ed Avol, Jun Wu, W. James Gauderman, Ed Rappaport, Joshua Millstein, 

Jonathan Bennion, Rob McConnell, Frank D. Gilliland, Kiros Berhane, Fred Lurmann, 

Arthur Winer, and John M. Peters. Health Effects of the 2003 Southern California Wildfires 

on Children. Am J Respir Crit Care Med Vol 174. pp 1221–1228, 2006 

Manchester-Neesvig, Jon B., James J. Schauer, Glen R. Cass. The Distribution of ParticlePhase Organic Compounds in the Atmosphere and Their Used for Source Apportionment 

during the Southern California Children’s Health Study. J. Air & Waste Management Assoc. 

53: 1065-1079. 

Naeher, Luke, et al, Woodsmoke Health Effects: A Review, Inhalation Toxicology, 19:67-

106, 2007. 

South Coast Air Quality Management District, 2012 Air Quality Management Plan (AQMP), 

December 2012. 

South Coast Air Quality Management District Governing Board Adoption Resolution for 

Proposed Rule 445, March 2008. http://www.aqmd.gov/hb/2008/March/080337a.html. 

South Coast Air Quality Management District, Draft Final Staff Report Rule 445 (WoodBurning Devices), March 2008. 

South Coast Air Quality Management District, 2007 Air Quality Management Plan (AQMP), 

June 2007. 

SCAQMD. Multiple Air Toxics Exposure Study in the South Coast Air Basin. MATES III. 

South Coast Air Quality Management District, 2008. 

U.S. EPA. Integrated Science Assessment for Particulate Matter (Final Report). U.S. 

Environmental Protection Agency, Washington, DC, EPA/600/R-08/139F, 2009. 

U.S. EPA, AP-42, Section 1.9, Residential Fireplaces, October 1996. 

U.S. EPA Fact Sheet, Health Effects of Wood Smoke, 

http://www.epa.gov/woodstoves/healtheffects.html 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District 24 MayApril 2013

U.S. EPA, Compilation of Emission Factors, AP-42, Section 1.9 Residential Fireplaces. 

Vedal, S. Critical Review. Ambient Particles and Health: Lines that Divide. JAMA, 

47(5):551-581, 1997 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District A-1 MayApril 2013

Appendix A 

Public Comments and Responses 

U.S. EPA/CARB COMMENTS AND RESPONSES 

The following comments were received from the U.S. EPA, Region IX and are followed by 

AQMD staff responses. 

Comment 1: New draft paragraph (f)(2) exempts property zoned for commercial uses. 

Would this language inadvertently exempt residential property within an area that is zoned 

for mixed-use of both residential and commercial? 

Staff Response: After further internal discussions the proposed exemption has been 

removed and the existing cookstove exemption in paragraph (f)(1) has been modified to 

apply to “wood-fired cooking devices designed and used for commercial purposes.” 

Comment 2: Existing section (h) establishes penalties for violations of the rule. While 

it is understood why it might be desirable to publicly clarify such guidelines, they are not 

appropriate to include in the State Implementation Plan. Please remove these provisions 

from any rule versions submitted to EPA for inclusion in the SIP. Other California Districts 

(e.g., Bay Area and San Joaquin) appear to include similar penalty guidelines in separate 

implementation guidance instead of in their analogous rules. 

Staff Response The subdivision (h) penalty provisions will not be included in the Rule 

forwarded to the U.S. EPA as part of a SIP submittal. 

PUBLIC COMMENTS AND RESPONSES 

A PAR 445/444 public workshop was held on February 13, 2013. A public consultation 

meeting was subsequently held on March 28, 2013. In addition to the oral comments at the 

meetings, staff received written comment letters specific to PAR 445/444 during a comment 

period that originally closed on March 8, 2013 but was extended until April 4, 2012 in 

conjunction with the public consultation meeting. Many of the comments on PAR 445/444, 

the preliminary draft staff report, or the revised preliminary draft staff report concerned 

issues brought up by more than one commentator. The following are general responses to 

these comments. Following these general responses is a summary of individual oral and 

written comments, followed by AQMD staff responses. 

General Comments and Responses 

PAR 445 

GR-1: The hearth product industry has worked closely with the U.S. EPA to 

develop Phase 2 Qualified retrofit devices and fireplaces. The AQMD should recognize 

these accomplishments and Rule 445 text should specifically state that U.S. EPA Phase 

2 Qualified retrofit kits can be installed into homes with existing wood-burning 

fireplaces. Rule 445 should be amended to allow U.S. EPA Phase 2 Qualified Fireplaces 

to be installed in new or existing developments in certain areas such as mountain 

communities. 

Staff Response: AQMD staff is aware of the U.S. EPA program for Phase 2 Qualified 

Fireplace Retrofit Devices and Phase 2 Qualified Fireplaces. As mentioned in the staff 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District A-2 MayApril 2013

report, U.S. EPA Phase 2 Qualified Retrofit Devices can currently be installed into existing 

households constructed prior to March 9, 2009. Appendix B has a list of answers to 

Frequently Asked Questions (FAQs) and the underlined text has been proposed to further 

clarify the types of devices, including U.S. EPA Phase 2 Qualified Retrofit Devices that can 

be installed into existing households. AQMD staff believes that a specific Rule exemption 

for EPA Phase 2 Qualified Retrofit devices is not warranted due to the inclusion of the 

aforementioned statements in AQMD guidance documents. The updated FAQ will be posted 

on the HealthyHearths.org website. 

The request to allow the installation of U.S. EPA Phase 2 Qualified fireplaces into new and 

existing developments above an elevation of 3,000 feet is more complicated as the current 

Rule 445 provisions only allow U.S. EPA Phase II-Certified wood heaters (i.e., stoves and 

inserts) in these areas. According to the U.S. EPA Burn Wise website U.S. EPA Phase IICertified wood heaters are appliances that are usually made of cast iron, steel, or stone that 

burn wood for fuel and can be used as a primary or secondary source of heat. Fireplace 

inserts are similar in function and performance to free-standing wood stoves, but are 

designed to be installed within the firebox of an existing masonry or metal fireplace. These 

heating devices are different than the two major types of wood-burning fireplaces: traditional 

masonry fireplaces that are typically built of brick or stone and are constructed on site by a 

mason; and “low mass” fireplaces that are engineered and pre-fabricated in a manufacturing 

facility prior to installation. Most fireplaces, whether masonry or low mass, are not used as a 

primary source of heat; their function is primarily for ambiance and secondary heating16 In 

addition to the inherent differences between wood heaters and fireplaces described above the 

devices are subject to two different emissions measurement methodologies. Because of these 

differences it is very difficult to make a comparison of heating efficiency and emissions 

between these two general categories of hearth devices. These differences are acknowledged 

on the U.S. EPA Burn Wise web site through the statement below: 

*The wood-burning appliances that are "qualified" under the EPA's Voluntary Fireplace 

Program are not "certified" per EPA's Wood Heater New Source Performance Standard. 

Contact your state or local air quality agency for clarification on the type of woodburning appliances, if any, that may legally be installed in your area.17

Because of the fundamental differences between the two types of devices and the potential 

increase in emissions associated with allowing U.S. EPA Phase 2 Qualified devices to be 

installed in new and existing mountain community developments AQMD staff does not 

recommend the requested Rule amendment. 

GR-2: Outreach and public education is a key element of an effective wood smoke 

reduction program. These outreach efforts should include more information from the 

U.S. EPA’s Burn Wise program including the installation of low emission retrofit kits 

for existing wood burning households. All public outreach activities should be 

conducted in multiple languages to make sure the message is understood. Funding for 

outreach and incentive programs should be part of the AQMD Governing Board 

approval process for PAR 445. 

Staff Response: AQMD staff agrees. An extensive public education and outreach 

program has been a vital component of the Healthy Hearths initiative since 2008 and efforts 

have been ongoing to increase public outreach capabilities. For example, AQMD recently 

 

16 http://www.epa.gov/burnwise/appliances.html#woodstoves 17 http://www.epa.gov/burnwise/fireplacelist.html#fireplaces 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District A-3 MayApril 2013

partnered with local media outlets to educate the public on the Check Before You Burn 

program http://www.aqmd.gov/hb/attachments/2011-2015/2012Sep/2012-Sep7-004.pdf 

This is in addition to the existing education and outreach efforts included on the AQMD 

Healthy HearthsTM website.18 Additional efforts will be explored to further enhance the Rule 

445 education and outreach program prior to the 2013/14 winter season. 

AQMD staff has reviewed the U.S. EPA Burnwise website and believes that the AQMD 

Healthy HearthsTM web site can be enhanced by including additional information including, 

but not limited to, a description of the U.S. EPA Phase 2 Qualified Retrofit Device program, 

messaging techniques tailored to households that burn wood for heat, and additional 

information for consumers. The information could be crafted to provide a description of 

options to reduce emissions for households that presently burn wood and plan to continue to 

burn wood in the future. Specifically, the web update could specify that installation of a U.S. 

EPA Phase 2 Qualified fireplace retrofit kit is an option for existing households and not 

prohibited under Rule 445. The message would have to be clear, however, that no solid fuel 

burning is allowed during a mandatory winter burning curtailment and that the AQMD is not 

promoting any particular device. The Healthy HearthsTM web site is currently translated in 

Spanish and efforts will continue to provide the information in the languages of the affected 

communities. Staff will be seeking Board approval for the allocation of up to $500,000 or 

more in funds to help with wood smoke reduction outreach and incentive activities. 

GR-3: There are too many exemptions included in existing rule 445 and the goal 

should be to end wood burning for unnecessary, aesthetic purposes. 

Staff Response: Air pollution regulations are typically based on the most stringent measures 

adopted by other agencies for regions with similar air pollution sources and pollution levels 

and due to the needs of the region in terms of protecting public health and seeking necessary 

emissions reductions. Staff is unaware of any air pollution control district or state agency 

that has a regulation that bans the indoor or outdoor burning of wood in wood burning 

devices, aesthetic or otherwise, except during periods of poor air quality. Restrictions do, 

however, include limitations on wood burning devices in newer residential developments. 

The existing Rule 445 provisions were developed after a detailed review of other California 

air district regulations and include exemptions considered appropriate for this region. PAR 

445 would strengthen the existing rule requirements to further protect public health during 

days of anticipated poor air quality during winter months. It should be noted that PM2.5 is 

the primary health effects driver during the winter for which wood burning curtailments are 

effective. 

GR-4: The public education and outreach program should also provide the public 

with financial incentives to install a variety of low emission hearth products, including 

retrofit devices for existing wood burning fireplaces. The existing gas log incentive is a 

good option for many households but not feasible for households without natural gas 

service or those without a gas line serving the fireplace. 

Staff Response: AQMD staff concurs that incentive programs are an effective way to 

encourage the public to switch to low emission products. As an example, the existing gas log 

buy down program has resulted in the installation of more than 102,000 gas log sets in Basin 

households. AQMD staff is exploring additional sources of funds to enhance the incentive 

program and is considering a larger list of low emission hearth devices for consumers, 

especially in areas that are not subject to the curtailment provisions (i.e., areas above 3,000 

feet in elevation, areas without natural gas service and low income households). The types of 

 

18 http://www.aqmd.gov/healthyhearths/index.htm
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District A-4 MayApril 2013

low emission hearth devices under consideration for an enhanced incentive program include 

natural gas fireplace inserts, alcohol-fueled burners and appliances, U.S. EPA Phase IIcertified wood heaters (stoves/inserts), U.S. EPA Phase 2 Qualified Retrofit Devices, 

manufactured logs and other devices intended to reduce emissions from residential hearth 

products. The incentive program could also be targeted to areas that typically experience 

peak PM2.5 concentrations or to low income households that burn wood for heat. 

GR-5: A Basinwide curtailment program may be very difficult to enforce and may 

confuse the public if the intent is to reduce emissions at peak, inland Basin monitoring 

sites. Moreover, curtailment days are typically called during periods of stagnation so it 

would seem unlikely that emissions from coastal or northwestern Basin communities 

could ever impact inland Basin monitoring sites. Implementing a curtailment program 

on a county-wide as opposed to Basin-wide basis may be more effective to target areas 

where elevated PM2.5 levels are forecast and may be more supported by the public. 

The exemption provided for low income households would allow wood burning in 

communities that currently experience peak PM2.5 concentrations. 

Staff Response: The Basinwide winter burning curtailment provisions are an important 

component of the adopted 2012 AQMP residential wood-burning control measure because 

modeling showed that 60 percent of emissions captured at the peak PM2.5 monitoring sites 

originate from outside the adjoining source receptor areas. While it is acknowledged that 

wood smoke emissions are less likely to migrate during extreme stagnation conditions, the 

emissions that occur during these periods do not dissipate quickly and can be entrained to 

distant monitoring sites when the inversion has eased. Therefore, prevention of coastal and 

near coastal wood smoke emissions will have benefits to inland monitoring sites, even under 

stagnate conditions. Emissions from low income households that invoke existing exemptions 

and plan to burn wood on mandatory curtailment days is a difficult challenge experienced by 

all air districts. The intent is to balance the need for improved air quality while not impacting 

a person’s right to warmth and comfort during winter months. To that end, the District will 

seek to develop a targeted incentive program to encourage low income households that burn 

wood for heat to switch to cleaner, low emission heating devices or hearth products. This 

may involve larger incentive amounts than what is currently provided to the general public. 

Please also refer to the incentive discussions under GR-2 and 4. 

GR-6: The applicability of the Mandatory Winter Burning Curtailment provisions 

to wood-fired cooking devices but not charcoal grills is unsupportable. A pellet-fueled 

appliance consists of a highly efficient fan forced, balanced, carbureted fire which is 

presumed to have an emissions rate that is similar to a charcoal grill. It is 

recommended that efforts to control emissions during a Mandatory Winter Burning 

Curtailment should focus on the device or appliance used rather than the fuel. 

Staff Response: As mentioned, the definition of wood based fuels includes wood, woodbased product, or non-gaseous or non-liquid fuel, including but not limited to manufactured 

firelogs, wood or pellet products and does not include charcoal. Rule 445 provisions are 

currently based on appliance type and this has resulted in confusion as appliances are 

periodically changing. AQMD staff believes that specifying applicability based on fuel type 

provides a clear public message as to the days when certain products are not to be used (i.e., 

No-Burn Day – Do Not Burn Wood). Charcoal use is also excluded from the mandatory 

winter burn curtailment provisions as emissions from a charcoal cooking fire are believed to 

be lower than that of a wood-based cooking fire as charcoal is previously burned wood that 

has already been subject to the initial high emission wood burn rate. This statement is 

supported by the U.S. EPA’s AP-42 (Compilation of Emissions Factors) document that 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District A-5 MayApril 2013

indicates that after an initial wood burning phase there is a “charcoal stage” of the burn cycle 

characterized by a slower burn rate and decreased emissions (EPA, 1996). Establishing

curtailment applicability based on fuel type also clarifies the rule intent by not allowing a 

person burning wood during a mandatory winter burning curtailment to claim that the fire 

was intended for cooking purposes. Charcoal, as opposed to wood-based products, is 

specifically designed for cooking food and it is therefore more likely that the person using 

charcoal during a mandatory winter burning curtailment is genuinely cooking food. 

PAR 444 

GR-7: Smoke and odor coming from coastal fire pits is a nuisance for the area’s 

residents and visitors. The emissions can impact many properties including those 

located inland from the beach. Some users of fire rings burn scrap wood (including 

painted wood) and garbage (reflected by remnants the following day). Burning painted 

wood or garbage generates toxic emissions.

Staff Response: Staff agrees and this is the genesis for this proposed amendment. In 

addition to the prior response, the fuel mentioned exacerbates the potential health effects 

from exposure, even if from a short distance. PAR 444 provisions related to beach burning 

are intended to address resident’s and beach goers concerns regarding adverse health effects 

and loss of enjoyment associated with open burning at beaches. 

GR-8: The beach fire rings are not a significant source of air pollution and should 

not be regulated. There are many other sources of air pollution that should be 

regulated. The fire rings are a southern California tradition and should be preserved 

for future generations. 

Staff Response: As noted in the staff report, wood smoke poses a potential health exposure 

risk to beach goers and nearby residents. Wood smoke from beach fires can affect the public 

health and is a local exposure risk to the surrounding community. This is further magnified 

as many of those using the fire rings have been observed burn materials other than fire wood. 

Federal, State, and local air pollution regulations have been implemented for all forms of 

particulate pollution and every effort continues to be made to address emissions from all 

source categories. Low emission alternatives, such as use of gaseous fuels, may be a 

potential solution that would allow the continued use of fire rings in southern California. 

Individual Comments and Responses 

PAR 445 

Targeted Incentive Programs 

Comment 1: The incentive program should first be implemented in peak PM2.5 areas 

as a means to achieve the PM2.5 standard thereby alleviating the need for Basinwide 

curtailment days. 

Staff Response: As mentioned in the draft staff report the incentive program is under 

development and, based on AQMD Governing Board direction, may be targeted to areas that 

currently experience peak PM2.5 concentrations. Please also refer to GR-4. 

U.S EPA Phase 2 Qualified Retrofit Kits for Existing Wood-Burning Fireplaces 

Comment 2: The vast majority of wood-burning emissions come from the Basin’s 

estimated 1.2 million open hearth fireplaces. Industry has developed retrofit devices that are 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District A-6 MayApril 2013

considered U.S. EPA Phase 2 Qualified Devices that can be installed for a relatively small 

cost and greatly reduce emissions from these sources. The district should fulfill their legal 

and ethical obligations under the Clean Air Act and under California State Law to review all 

Reasonably Available Control Technologies (RACT) and Best Available Control Measures 

(BACM) for wood burning fireplaces by implementing a program to require the installation 

of U.S. EPA Phase 2 Qualified fireplace retrofit devices upon the sale or transfer of real 

property. 

Staff Response: As noted in the draft staff report, U.S. EPA’s Phase 2 Qualified Fireplace 

Program is a voluntary effort to encourage manufacturers to improve air quality through 

developing and distributing cleaner, more efficient wood-burning appliances. There are two 

general types of fireplace products under the program: Phase 2 Qualified Fireplaces and 

Phase 2 Qualified Fireplace Retrofit Devices. Phase 2 qualified fireplaces are stand alone 

hearth devices intended to be installed in new developments or room additions, while retrofit 

fireplace devices are intended to be installed into existing wood burning fireplaces. Rule 445 

provisions do not allow the installation of U.S. EPA Phase 2 Qualified Fireplaces; however, 

U.S. EPA Phase 2 Qualified Fireplace Retrofit Devices are not prohibited by Rule 445 and 

therefore can be installed in existing wood-burning fireplaces; that is, residential fireplaces 

constructed before March 9, 2008. As noted above, EPA’s Phase 2 Qualified Fireplace 

Program is voluntary program. 

Solid Fuel Labeling Requirements 

Comment 3: The labeling provisions will create additional expenses for industry and 

there is no evidence of increased rule compliance resulting for product labeling. 

Staff Response: AQMD staff believes that public education and outreach is a vital 

component to inform the public on the Check Before You Burn program. To that end, the 

PAR 445 labeling provisions are intended to inform a targeted audience, wood-based fuel 

consumers. Contacts with Bay Area AQMD staff indicated 300,000 calls to the 877-4NOBURN line during the 2011/12 winter season and nearly 200,000 contacts this past 2012/13 

season. While it is acknowledged that it is not possible to tell the number of 877-4NOBURN calls attributable to the labeling program AQMD staff believes that it is an important 

part of a comprehensive wood smoke education and outreach program. 

Comment 4: Industry has worked closely with other air districts to comply with 

labeling requirements for wood-based fuel products. The district should utilize the same 

labeling requirements (e.g., toll free number [1-877-4NO-BURN] and website 

[www.8774NOBURN.ORG] to minimize costs to industry. 

Staff Response: As mentioned in the staff report AQMD commits to minimize impacts to 

solid fuel sellers by providing a guidance document that provides a list of compliance options 

to meet the PAR 445 labeling requirements. The options allowed under PAR clause 

(d)(5)(A)(i) include the labeling requirements used by the Bay Area Air Quality Management 

District as well as other alternatives subject to approval of the AQMD Executive Officer. At 

a minimum, this would include the toll free and website information mentioned above but 

would also include South Coast AQMD-specific information for use by local bulk wood 

sellers. The compliance options would also ensure the continuance of the South Coast 

AQMD program in the unlikely event that the [1-877-4NO-BURN] and website 

[www.8774NOBURN.ORG] options are removed or amended in the future by the Bay Area 

AQMD. 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District A-7 MayApril 2013

Comment 5: A one year effective date is too short for implementation of the labeling 

requirements as products not sold during one winter season may be stored for future sales. A 

two-year phase in period, based on the date of implementation of the labeling provisions, is 

requested to account for products that were already packaged for sale. 

Staff Response: PAR 445 has been amended to establish a six month effective date for 

product labeling but the net change is not considered significant as this requirement will 

primarily be applicable to bulk wood sellers that would be required to hand out a one page 

flyer to customers during the 2013/2014 winter burning season. Sellers of packaged woodbased products will also be subject to the same six-month effective date but sell through 

provisions have been added in subparagraph (d)(5)(B) that would allow the sale of any 

product for up to two years after the six month implementation period of the PAR 445 

labeling provisions. 

Comment 6: There are wood pellets, mesquite and other wood-based products that are 

sold for cooking purposes. These products cannot be used during a mandatory winter 

burning curtailment. Why are these wood-based fuels exempt from the labeling requirements 

if they are prohibited from use during a mandatory winter burning curtailment? 

Staff Response: The labeling requirements do not apply to wood-based fuel that is used or 

intended for cooking food since such products are less widely used and represent an 

unnecessary cost to the packaging industry. 

Rule 445 applicability to cooking devices 

Comment 7: Does Rule 445 apply to wood-fired cooking devices? 

Staff Response: Wood-fired cooking devices designed and used for commercial purposes 

are exempt from all Rule 445 provisions. A wood-fired cooking device can be bought, sold, 

or installed on residential properties under PAR 445 provisions but cannot be used during a 

Mandatory Winter Burning Curtailment. 

Mandatory Winter Burning Curtailment Duration 

Comment 8: The previous version of Rule 445 specified that a mandatory curtailment 

would occur on specified days but PAR 445 states that the curtailments would apply to 

unspecified period of time which may be confusing to the public. 

Staff Response: The PAR 445 Mandatory Winter Burning Curtailment definition has been 

modified to be applicable to any “calendar day or consecutive calendar days”. 

Definition for Existing Structures 

Comment 9: Rule 445 presently includes a definition for New Developments but a 

similar definition is not included for Existing Structures. This has lead to confusion at local 

jurisdiction building departments as to what can and cannot be installed by residents. A new 

definition for an Existing Structures may help clarify the rule intent and improve compliance. 

Staff Response: AQMD staff concurs that a clear and consistent message to local 

government building department staff is necessary to ensure rule compliance and that the 

intended emissions reductions are achieved. In addition to presentations made to local 

governments AQMD staff has developed and made available a list of answers to Frequently 

Asked Questions (FAQs) through the Healthy HearthsTM web site.19 The FAQ web site 

 

19 http://aqmdstage/rules/doc/r445/Builders_FAQ.pdf
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District A-8 MayApril 2013

information is divided into two sections: 1) requirements for New Developments (projects on 

vacant land, and 2) requirements for Existing Developments (room additions, remodels, etc.). 

A copy of the current FAQ page as well as proposed changes in underline and strike-out are 

included as Appendix B. As noted in the appendix, changes have been made to clarify that 

Existing Developments are those where construction has ended before March 9, 2009. 

Additionally, a new section has been added to clarify that U.S. EPA Phase 2 Qualified 

Retrofit Devices can be installed into an existing wood-burning fireplace in an existing 

development. Please also refer to GR-1. 

Additions to the FAQ page will be based on implementation issues but as noted in the 

appendix rule interpretations will be based on the adopted Rule 445 text. 

Firewood Moisture Content 

Comment 10: Efforts should be made to ensure that existing Rule 445 firewood moisture 

content levels provisions (e.g., 20 percent or less from July through February) are enforced. 

Ensuring that only seasoned wood is sold and used during winter months will reduce 

emissions and may help alleviate the need for curtailment days. Industry representatives are 

very familiar with methodologies and techniques to measure moisture content and can serve 

as a partner to ensure the sale of properly seasoned wood in accordance with existing Rule 

445 provisions. 

Staff response: AQMD staff has consulted with other air districts to assist with wood 

smoke reduction compliance programs but would be pleased to receive information from 

industry representatives. Dry seasoned wood is relatively easy for buyers to distinguish from 

green, unseasoned wood, in that it has a hollow sound when hit together. Tips on identifying 

seasoned firewood have been provided to the public as part of the Healthy HearthsTM 

outreach materials. As mentioned in response to comment GR-2 AQMD staff will explore 

linking video information, including information on proper firewood selection, from the U.S. 

EPA Burnwise web site to the Healthy HearthsTM website. 

PAR 444 

Fire Suppression Training Exercises 

Comment 11: Fire suppression training exercises are exempt from the current version of 

PAR 444 if certain conditions are met. Do the proposed Rule 444 amendments change those 

existing exemption provisions during the newly established Mandatory Winter Burning 

Curtailment period? Could this be clarified in the draft staff report? 

Staff Response: There are no changes to the exemptions previously provided for fire 

suppression training exercises. The staff report discussion under the heading, Executive 

Summary – PAR 444 has been clarified. 

444 Beach Fires Applicability 

Comment 12: How would the PAR 444 provisions apply to beach pit fires on beaches? 

Staff Response: PAR 444 includes a definition for beach burning. Beach pit fires would be 

prohibited under the proposed amendments beginning January 1, 2015. Under PAR 444 a 

city or county could, though formal action, make the prohibition effective sooner than 

January 1, 2015 

Comment 13: When would the beach fire prohibition be implemented? 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District A-9 MayApril 2013

Staff Response: PAR 444 provisions would be effective beginning January 1, 2015. Under 

PAR 444 a city or county, though formal action, could make the prohibition effective sooner 

than January 1, 2015. 

Comment 14: There are beach fire rings in close proximity to residential or commercial 

uses but in some instances there are no inhabited structures. Why would the prohibitions 

apply in these areas? 

Staff Response: Wood smoke not only presents an exposure concern to those involved 

with the beach burning, but it can also pose a health risk to those some distance away. 

Depending on the weather condition, high concentrations can travel and cause distress for 

anyone with respiratory or cardiovascular ailments. 

Comment 15: PAR 444 would prohibit open burning in beach areas. Would it also apply 

to camp fires? Why are beach fires targeted when backyard burning is not targeted? 

Staff Response: As mentioned no changes are proposed for the existing exemptions for 

recreational/ceremonial burning, cooking fires, and fires for warmth at social gatherings for 

all activities other than beach burning. However, extending the prohibition to the other open 

burning activities, including camp fires, is currently under consideration. Residential 

fireplaces as well as bBackyard burning devices and the use of such devices are subject to 

AQMD Rule 445 provisions. 

Comment 16: It appears the PAR 444 beach burning prohibitions would apply to public 

coastal areas. Do the provisions also apply to open burning on private beaches? 

Staff Response: Open burning activities conducted on beaches not open to the public are 

considered similar to residential backyard burning and would be subject to AQMD Rule 445 

provisions. As mentioned in the draft final staff report, under PAR 445 provisions the 

definition for a wood-burning device would include open or enclosed devices. As a result of 

this change, installation of a permanent wood-burning fire pit on residential properties would 

be prohibited under the provisions of subdivision (d). 

Comment 17 6: Would a Smoke Management Plan approved by the AQMD Executive 

Officer be required before any community allows or continues to allow recreational burning? 

Staff Response: With the exception of paragraph (d)(3), which includes a prohibition on of 

specific burning activities (including beach burning), the Rule 444 exemptions for 

recreational/ceremonial burning, cooking fires, and fires for warmth at social gatherings 

remain in effect for all activities. 

Comment 18 7: Is a highly used recreational area like a park or a beach considered a 

Sensitive Receptor Area given the significant number of children or other sensitive persons 

that could be exposed to smoke, PM2.5, or other noxious compounds? 

Staff Response: AQMD Rule 1470 defines a Sensitive Receptor as any residence including 

private homes, condominiums, apartments, and living quarters, schools, preschools, daycare 

centers and health facilities such as hospitals or retirement and nursing homes. A sensitive 

receptor includes long term care hospitals, hospices, prisons, and dormitories or similar livein housing. 

Comment 19 8: What is considered a beach area? Would a bluff area overlooking the 

ocean be considered a beach area? 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District A-10 MayApril 2013

Staff Response: Paragraph (c)(7) of PAR 444 includes a definition of beach burning. As 

noted below, coastal bluffs may would not be considered beach areas if they are adjacent and 

used for beach access or recreation. 

BEACH BURNING means any recreational, ceremonial or open burning conducted in 

any public coastal area, marked by an accumulation of sand, stone, or gravel that has 

been deposited by the tide or ocean waves, including any adjacent areas used for beach 

access or recreation. For the purposes of this rule, beach burning does not include the use 

of charcoal or a gaseous or liquid fuels in the preparation or warming of food for human 

consumption. 

Beach Fire Access 

Comment 20 19: Proponents of removing the fire rings argue that this would deprive them 

of “access” to burning wood as a low-cost activity they enjoy. But the real “accessibility” 

issue is that many people are prevented from accessing and using the beaches due to wood 

smoke’s caustic, deadly fumes. The Americans with Disabilities Act (ADA) is basic civil 

rights law that requires cities to remove barriers to the access and use of public spaces. To 

those with breathing or cardiac disabilities, wood smoke presents a true “physical barrier” to 

use of the beach areas where wood burning is allowed. 

Staff Response: Thank you for your comment. The purpose of prohibiting beach fires is 

precisely to eliminate heath exposure risk to beach goers and the nearby residences 

originating from such activities. To the extent the commentator has a concern with the 

Americans with Disability Act, the commentator should raise that concern with the city or 

county where the fire rings are located. 

Loss of revenue from beach fire prohibition 

Comment 21 0: The City of Huntington Beach estimates a loss in revenue of one million 

dollars due to a reduction in fees collected for parking after 3 PM. OC State Parks estimates 

a loss of $21,000 in revenue from firewood sales during the third quarter. 

Staff Response: Staff acknowledges a reduction in parking revenues. Prohibition of beach 

burning would reduce PM emissions and public exposure to harmful pollutants. 

Comment 22 1: Hotels, stores and other businesses in the area would be impacted by a 

reduction in beach goers that specifically travel to the areas to use beach fire rings. A local 

hotel sells between $50 and 60 thousand dollars per year in kits to make campfire smores and 

the hotel staff has indicated that some clients specifically stay at that hotel due to the 

proximity to the beach fire rings and the ease of access to a nighttime activity. 

Staff Response: While it is acknowledged that there may be a reduction in business 

revenues from persons that specifically travel to the beach to use beach fires rings, the goal 

of the proposed Rule 444 revisions is to reduce PM emissions and protect public health. 

Additionally, during the rule development process there have been commentors that have 

indicated that they do not go to the beach or surrounding areas due to the presence of smoke 

from beach fires. The proposed amendments would also allow the use of charcoal, gaseous, 

or liquid fuels at beach areas. 

Alternative Controls for Beach Fires 

Comment 23 2: There are other alternatives to reduce emissions from beach fires and 

removal of all the rings is not necessary. For example, the number of rings could be reduced 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District A-11 MayApril 2013

or they could be moved to be farther away from sensitive land uses. Education programs 

could be developed to ensure that the public was informed on the health effects from burning 

garbage. Better enforcement could be used to ensure than only clean dry wood is used. 

Beach fire burning could be prohibited only on high pollutions days. 

Staff Response: Reducing the number of fire rings or improved enforcement of fuel type 

usage could reduce emissions but the source would still contribute to exceedance of State and 

federal air quality standards and public exposure to harmful pollutants. As mentioned at the 

public consultation meeting AQMD staff is exploring the possible use of liquid or other clean 

fuels to dramatically reduce emissions from beach fire rings. The proposed amendment 

would also allow the use of charcoal or liquid or gaseous fuels. 

Comment 24 3: Please consider that each jurisdiction is different with respect to potential 

impacts from wood burning smoke. For instance, some cities have residential units within 

close proximity to their beaches. That is not the case with Huntington Beach. The decision 

should be left up to the local jurisdiction. 

Staff Response: Although it is recognized that the proximity of fire rings to residential land 

uses varies in southern California AQMD staff has received comments from residents of both 

the Cities of Newport Beach and Huntington Beach on their concerns about smoke emissions 

from beach fires. 

Timing, Outreach and Available Data 

Comment 25 4: There hasn’t been enough time for the public to consider the proposal and 

there should be meetings in beach communities to get more public input. More information 

is needed on emissions and health effects from beach fire burning. Special studies need to be 

conducted during summer months to clearly identify the extent of pollution from beach fires. 

Affected jurisdictions were not properly notified of the March 28, 2013 public consultation 

meeting. Additional time is requested so that impacted parties can provide additional input 

and suggestions. 

Staff Response: The effective date of the PAR 444 beach burning proposal is January 1, 

2015. The health effects from wood smoke exposure are well understood and have been 

summarized in the draft staff report. AQMD staff continues to review and evaluate public 

input and the public is able to provide additional comments to AQMD Governing Board 

members at the public hearing. AQMD data collection is ongoing and will be presented to 

the public as part of the rule development process. The public consultation meeting 

notification was mailed to each jurisdiction in the South Coast Air Basin and was published 

in the Los Angeles Times, Press Enterprise, Los Angeles Daily Journal, San Bernardino 

County Sun and Orange County Register newspapers on March 18, 2013. The meeting 

notice was also published on the SCAQMD calendar page at: 

http://www.aqmd.gov/calendar/calev.html and also on our proposed rule web page at: 

http://www.aqmd.gov/rules/proposed.html#445_444. Efforts to improve outreach to affected 

communities continue. Per AQMD Board resolution, the public hearing for PAR 444 

provisions related to open burning beach areas was rescheduled from May 3rd to June 7th, 

2013.

Magnitude of Beach Fire Emissions 

Comment 26: The draft staff report does not provide details on how the estimate of 0.16 

to 0.25 ton of PM2.5 from the Basin’s beach fires was estimated. Based on an emission rate 

of 5.3 grams per kilogram and a lower, more realistic wood burning rate the annualized 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District A-12 MayApril 2013

average emissions from the Basin’s fire rings can be estimated to be an order of magnitude 

lower than the information provided by AQMD. 

Staff Response: As described in the draft staff report, the PM2.5 emissions estimate was 

based on two to three bundles of wood (~17 pounds per bundle) burned at each of the Basin’s 

fire rings per night. The PM2.5 emission factor (22.7 pounds per ton) used is from a 

California Air Resources Board (CARB) emissions inventory report and represents estimated 

emissions from burning cord wood bundles. For reference, the U.S. EPA AP-42 

(Compilation of Emissions Factors) PM10 emission factor for burning cord wood in a 

fireplace is 34.6 pounds per ton (17.3 grams per kilogram). The emission rate quoted by the 

commentator is from a research project analyzing the chemical characterization of wood 

grown in the northeastern United States. Use of an emissions inventory emission factor is 

more appropriate than emission rates contained in research papers. AQMD staff believes that 

an average wood burning rate of two to three bundles is appropriate and accounts for very 

large, long duration fires. A lower average wood burning rate estimate would reduce the 

emissions estimates. As previously noted, the total number of fire rings has been increased 

to 857. 

Comment 27: Emissions from beach fire rings have a negligible effect on air quality or 

public health. The localized significance threshold (LST) for sensitive receptors and/or 

EPA’s New Source Review (NSR) limits should be used to determine the significance of 

emissions from beach fire rings. 

Staff Response: It is acknowledged that beach fire emissions are not a large contributor in 

terms of regional emissions but the PAR 444 beach burning provisions would have been 

proposed to address localized impacts. The LST threshold is used by AQMD staff for 

individual sources but not for rule development/amendment projects. NSR is used in 

conjunction with the permitting of stationary sources not for analyzing potential impacts 

from area sources such as open burning. Results of air quality sampling downwind from 

beach areas is a more appropriate indicator of potential public health impacts. 

Comment 28: What is the amount of wood burned in beach fire rings compared to 

residential wood-burning fireplaces? In the draft staff report, if beach fire emissions are not 

included in the Table 4 (Open Burning) PM2.5 emissions inventory what are the other 

sources? Does Table 4 include fireplace emissions? Beach fire emissions are very small 

when compared with the emissions from residential wood combustion (Draft Staff Report 

Table 3) and open burning (Draft Staff Report Table 4). 

Staff Response: As noted in response to comment number 27, beach fire emissions are a 

smaller source when compared to residential wood combustion and open burning but the 

PAR 444 beach burning prohibitions would reduce emissions and protect public health by 

reducing exposure of potentially high concentrations of wood smoke. The Open Burning 

inventory presented in Table 4 of the Final Draft Staff report includes emissions from 

agricultural and prescribed burning activity. Emissions estimates from residential wood 

combustion (fireplaces) are included in Table 3. 

Safety of Alternatives to Traditional Open Beach Burning 

Comment 29: There have been discussions about use of natural gas- or propane-fueled 

devices on the Basin’s beaches. A fire agency expressed concern about potential safety 

concerns about allowing the public to bring their own gaseous-fueled devices to the beach. 

Maintenance and safety concerns were also expressed if the devices were provided by the 

local jurisdiction. 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District A-13 MayApril 2013

Staff Response: PAR 444 would not require the installation of gaseous fueled devices. 

Any decision to install such devices would be at local jurisdiction discretion and the local 

jurisdiction could include any parameters necessary to ensure public safety. As mentioned, a 

RFP is under consideration to be released to fund a demonstration project for a low emission 

outdoor open burning beach fire pit ring. Securing the applicable permits and ensuring 

public safety are a key components of the demonstration project and the selected 

contractor(s) would be expected to design and install a prototype system that will meet or 

exceed industry standards and will be compliant with all applicable building, fire and 

electrical codes. It is also anticipated that local jurisdictions would be involved in the 

demonstration project(s) and can provide input on potential safety concerns. 

Comparison of Emissions Wood-Based Versus Gaseous Fuels for Beach Burning 

Comment 30: Propane produces gaseous emissions such as NOx and carbon monoxide. 

This proposal seems in conflict with SCAQMD’s plan to reduce NOx emissions. No 

information has been provided regarding differences in the particulate or gaseous emissions 

from wood burning versus propane therefore the public cannot make informed comments 

whether or not the proposal outweighs the expense. 

Staff Response: As mentioned in the draft staff report the primary goal of the PAR 445 and 

444 amendments is to reduce fine particulate emissions. For reference, a 2006 study 

included emission rates for aesthetic appliances based on various fuel types (Houck, 2006). 

The table below provides a comparison of NOx, PM and CO emission rates for wood and 

propane-fueled devices used for aesthetics. As shown in the table the NOx, PM and CO 

emission rates for propane (LPG) are less than those for cord wood. 

Aesthetic Appliance/Fuel Category Pollutant Emission Rates (g/hr) 

 PM CO NOx 

Cordwood Fireplace Used for Aesthetics 64.3 313 6.09 

Vented Gas Log Set - LPG .354 .246 2.29 

NOx is total nitrogen oxides, reported as NO2

Public Hearing Notice 

Comment 31: The public hearing notice was released one day before the AQMD 

Governing Board voted to set the May 3, 2013 public hearing. The issuance of the public 

hearing notice was premature and future meetings should be scheduled with appropriate due 

process. 

Staff Response: Under Health and Safety Code provisions, a public hearing notice and 

documents must be made available to the public 30-days in advance of the public hearing. 

There are times such as what occurred with PAR 445/444 when the AQMD Governing Board 

set hearing meeting (April 5, 2013) is less than 30-days prior to the adoption hearing (May 3, 

2013). Accordingly, the public hearing notice had to be released on April 3, 2013 to meet 

statutory requirements. As mentioned in response to comment number 25 the public hearing 

for PAR 444 provisions related to open burning on beaches was rescheduled from May 3rd to 

June 7th, 2013. 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District B-1 MayApril 2013

Appendix B 

Rule 445 – Wood Burning Devices Local Government, 

Builder, Contractor, Architect Answers to Frequently Asked 

Questions (FAQs) 

(April December 2013 12) 

The following information has been prepared to assist in answering questions on AQMD Rule 

445 – Wood Burning Devices. It should be noted that compliance determinations will be based 

on the specific Rule 445 language that can be viewed or downloaded at the following web site: 

http://www.aqmd.gov/rules/reg/reg04/r445.pdf 

REQUIREMENTS FOR NEW DEVELOPMENTS 

When do the standards for new developments become effective? 

The requirement to only install gaseous-fueled fireplaces and stoves is applicable to any new 

residential or commercial development that begins construction on or after March 9, 2009. 

The date that construction has begun is when the building permit is approved or when the 

foundation for the structure is started, whichever is first. 

What kind of fireplace or stove can be installed in new developments? 

Any gaseous-or liquid fueled fireplace, fireplace insert or stove can be installed in new 

developments. This includes any fireplace that is either factory-built or constructed on-site that 

is fueled exclusively with a gaseous fuel such that the burner pan and associated equipment are 

affixed to the metal or masonry base of the fireplace. 

Gaseous-fueled devices include those fueled by either natural gas, or propane (i.e., liquefied 

petroleum gas) or alcohol. 

Do these new development requirements apply to both indoor and outdoor fireplaces? 

The requirements are applicable to any permanently installed device. Permanently installed 

is defined as built or installed such that it is attached to the ground, floor or wall and is not 

readily moveable. A free standing stove attached to an exhaust system that is built into or 

through a wall is considered permanently installed. 

Are there any exemptions to the requirements for new developments? 

There are two separate conditions where a cleaner wood burning device can be installed in a new 

development: 

1. properties 3,000 or more feet in elevation; and 

2. properties where there is no existing infrastructure for natural gas service within 150 

feet of the property line. 

The cleaner wood burning devices that could be installed under either of these two conditions 

include: 

U.S. EPA Phase II-certified wood heaters or equivalent devices; 

pellet-fueled heaters; and 

masonry heaters (not masonry fireplaces). 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District B-2 MayApril 2013

If you would like additional details on the hearth products defined as cleaner wood burning 

devices under Rule 445, please refer to the discussion under the heading, “Requirements for 

Existing Developments” 

 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District B-3 MayApril 2013

REQUIREMENTS FOR EXISTING DEVELOPMENTS 

What is considered an existing development? 

An existing development is a residential or commercial property where construction had finished 

prior to March 9, 2009. Construction is considered finished as of the date of issuance of a use 

and occupancy permit. 

When do the standards for existing developments become effective and Wwhat can be built 

as a new hearth device in existing developments? 

Beginning September 8, 2008, The the devices in three cleaner wood burning categories listed 

below (and any gaseous-fueled device) can be sold, offered for sale, or installed in existing 

developments. 

1. U.S. EPA Phase II-certified wood heater (fireplace inserts or stoves) 

U.S EPA Phase II-certified devices have an identification label on the unit and the model 

name and number are also listed on the following web site: 

http://www.epa.gov/Compliance/resources/publications/monitoring/caa/woodstoves/certif

iedwood.pdf 

2. Pellet-fueled heater 

Pellet-fueled heaters can be operated on any pellet fuel including, but not limited to, 

ground, dried wood and other biomass wastes compressed into pellets and corn. 

Additional information on pellet heaters can be obtained from the U.S. EPA at the 

following web site: http://www.epa.gov/burnwise/pelletstoves.html 

3. Masonry heater (not an open hearth fireplace) 

Technically listed as any device that meets the definition included in ASTM E 1602-03, a 

masonry heater is a site-built or site-assembled solid-fueled heating device, consisting of 

a firebox, a large masonry mass, and a maze of heat exchange channels. These devices 

are rare in warm climates such as Southern California but additional information can be 

obtained from the following U.S. EPA web site: 

http://www.epa.gov/burnwise/appliances.html#masonryheaters 

What can be installed as a retrofit into an existing wood-burning fireplace in an existing 

development? 

There are essentially no Rule 445 restrictions as to what can be installed as a retrofit into a 

fireplace in an existing development. Residents may opt to install a gaseous-fueled, electric or 

visual product intended to simulate or replace wood burning or there may be other options. 

Residents that wish to continue burning wood but are interested in attempting to reduce 

emissions may opt to install a variety of products including a U.S. EPA Phase 2 Qualified 

Retrofit Device. Additional information on these products can be found at the web site below. 

http://www.epa.gov/burnwise/fireplacelist.html#retrofits 

Please note that local governments may have special codes or provisions when installing devices 

in fireplaces at existing developments. Also, please remember that all wood-based fuel burning 

is prohibited during a Mandatory Winter Burning Curtailment. This includes wood-based fuels 

used in indoor and outdoor devices. 

Do the requirements for existing developments apply to both indoor and outdoor 

fireplaces? 

The requirements apply to any permanently installed device either indoors or outdoors. 
Draft Staff Report for Proposed Amended Rules 445 and 444 

South Coast Air Quality Management District B-4 MayApril 2013

Permanently installed is defined as built or installed such that it is attached to the ground, floor 

or wall and is not readily moveable. A free standing stove attached to an exhaust system that is 

built into or through a wall is considered permanently installed. 

What if I need to repair my existing fireplace? 

An existing wood-burning fireplace can be repaired or replaced and would not be subject to the 

Rule 445 requirements for existing developments provided that the repair or replacement occurs 

within the same footprint as the existing wood-burning fireplace. If a home or chimney 

inspection documents the need for replacement of an existing wood-burning fireplace, however, 

installation of a gaseous-fueled hearth device is encouraged and may be required by a local 

government or other regulation. 

Can a U.S. EPA Phase 2-Qualified open hearth wood-burning fireplace be installed as a 

new hearth device in an existing development? 

No. The only wood-burning devices allowed to be installed in existing developments are EPA 

Certified inserts/stoves, pellet heaters and masonry heaters (not open hearth fireplaces). 

Additional information on the U.S. EPA Phase 2-qualified program is available at 

http://www.epa.gov/burnwise/fireplaces.html As noted on the U.S. EPA web page: 

“The wood-burning appliances that are "qualified" under the EPA's Voluntary Fireplace 

Programs are not "certified" per EPA's Wood Heater New Source Performance Standard”. 

Can I install a wood-burning pizza oven or other wood-based cooking device at my home? 

Yes but such devices would be subject to the Mandatory Winter Burning Curtailment provisions. 

Wood-fired cooking devices designed and used for commercial purposes are exempt from all 

Rule 445 provisions. Fireplace retrofit kits can also be installed into any fireplace constructed 

prior to March 9, 2009. 

Rule 445 contains an exemption for cook stoves on residential properties. Title 40 of the Code 

of Federal Regulations (CFR) Section 60.531, February 28, 1988 as a wood-fired appliance that 

is designed primarily for cooking food and has the following characteristics: 

(1) An oven, with a volume of 0.028 cubic meters (1 cubic foot) or greater, and an oven rack, 

(2) A device for measuring oven temperatures, 

(3) A flame path that is routed around the oven, 

(4) A shaker grate, 

(5) An ash pan, 

(6) An ash clean-out door below the oven, and 

(7) The absence of a fan or heat channels to dissipate heat from the appliance. 

Any device that meets all CFR specifications above is exempt from Rule 445 requirements. 

Rule 445 does not apply to any wood-fired or other solid fuel cooking device on commercial 

properties. 

Are there any exemptions to the requirements for existing developments? 

There are no retrofit or replacement requirements under Rule 445 when buying or selling a home 

with an existing wood burning fireplace or stove. 

Additionally, properties that are registered as a historical site, or are contributing structures 

located in a Historic Preservation Overlay Zone are exempt from paragraph (d)(2) provisions. 

Refer to your local city or county agency to determine if your property is within a Historic 

Protection Overlay Zone.